This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

42703

Vol. 62, No. 153

Friday, August 8, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 71

[Docket No. 96–088–1]

Interstate Movement of Animals

Exposed to Disease

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to change

the regulations governing the interstate

movement of animals in order to clarify

the regulations. In particular, we want

to make it clear that our interstate

movement restrictions pertain not only

to animals that are actually infected

with communicable diseases of

livestock or poultry but also to animals

that have been exposed to those

diseases. As currently worded, the

regulations could be interpreted as

pertaining only to infected animals.

However, to prevent disease spread, we

must also restrict the interstate

movement of animals that have been

exposed to certain diseases.

DATES: Consideration will be given only

to comments received on or before

October 7, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–088–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 96–088–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

Roberta Duhaime, Staff Officer,

Emergency Programs, VS, APHIS, 4700

River Road Unit 41, Riverdale, MD

20737–1231, (301) 734–8069; or E-mail:

rduhaime@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations in subchapter C of

chapter I, title 9, of the Code of Federal

Regulations contain provisions designed

to prevent the dissemination of

livestock or poultry diseases in the

United States and to facilitate the

control and eradication of such diseases.

The regulations in 9 CFR part 71

(referred to below as the regulations)

include general prohibitions on the

interstate movement of animals that

could spread livestock or poultry

diseases.

To prevent the spread of certain

livestock or poultry diseases, the

Animal and Plant Health Inspection

Service must prevent the interstate

movement of any animals capable of

spreading the causative agents of the

diseases. Communicable livestock or

poultry diseases can be spread through

many means, including physical contact

between animals, contact with bodily

secretions, and respiration. The

causative agents can be spread both by

animals that are infected with the

disease as well as by exposed animals

showing no clinical signs of disease.

These exposed animals may either be

incubating disease or may be carriers of

disease (the animal carries in its system

the causative agent of a disease to which

the animal is immune).

We are concerned that, as currently

worded, the interstate movement

restrictions in the regulations could be

interpreted as pertaining only to

infected animals. Because

communicable diseases may be spread

also by exposed animals, we are

proposing to make several changes to

the regulations, as described below, for

clarification. We believe these proposed

changes would enhance our ability to

prevent the spread of certain diseases of

livestock and poultry.

In many places in the regulations,

references are made to prohibitions on

the interstate movement of animals

‘‘affected with’’ certain diseases. We are

concerned that the term ‘‘affected with’’

could be interpreted to mean only

‘‘infected with’’ instead of ‘‘infected

with or exposed to,’’ as is our intended

meaning. We have always considered

that ‘‘affected with’’ means ‘‘infected

with or exposed to’’ and that the

interstate movement restrictions pertain

both to animals that have been exposed

to communicable livestock or poultry

diseases as well as infected animals. To

eliminate confusion about what is

meant by the term ‘‘affected with,’’ we

are proposing to add a definition of

‘‘affected with’’ to the list of definitions

in § 71.1. We would define ‘‘affected

with’’ as meaning ‘‘infected with or

exposed to.’’

In four places in the regulations,

reference is made to ‘‘diseased’’

animals. These references occur in the

headings for §§ 71.2 and 71.3, in

§ 71.3(d), and in § 71.14. As with the

term ‘‘affected with,’’ we are concerned

that use of the term ‘‘diseased’’ in the

regulations implies that we are

concerned only with infected animals.

Because, for the reasons stated above,

we are concerned about the interstate

movement of animals that have been

exposed to disease as well as the

interstate movement of infected

animals, we are proposing to change the

references to ‘‘diseased’’ animals to

animals ‘‘affected with disease.’’ With

the proposed addition of a definition for

‘‘affected with’’ to § 71.1, this wording

change would make it clear that we are

referring to both infected and exposed

animals in these four references.

In § 71.13, there is a reference to

poultry or other animals ‘‘infected with

any contagious, infectious, or

communicable disease or to have been

exposed to such infection’’ and another

reference to poultry or other animals

‘‘infected with or which have been

exposed to the infection of such

disease’’. These two references clearly

indicate that the requirements of § 71.13

apply to both infected and exposed

animals. However, for the purpose of

ensuring consistent terminology

throughout the regulations, we are

proposing to change these two

references, respectively, to ‘‘affected

with any contagious, infectious, or

communicable disease’’ and ‘‘affected

with such disease’’.

We are proposing to make further

changes to the regulations to remove

redundancies. For example, § 71.3(d)(3)

begins with the words ‘‘Sheep affected

with or exposed to . . . .’’ Because, as

described previously, the proposed

definition of ‘‘affected with’’ would

include the words ‘‘exposed to,’’ the
42704 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Proposed Rules

words ‘‘exposed to’’ in § 71.3(d)(3)

would become redundant. In addition,

§§ 71.4(b) and 71.6(a) include the words

‘‘affected with, or carrying the infection

of,’’ and the latter part of that phrase

would become unnecessary with the

addition to § 71.1 of the proposed

definition for ‘‘affected with.’’

Finally, § 71.3(f) states that, ‘‘Before

offering cattle or other livestock or

poultry for interstate transportation,

transporting them interstate, or

introducing them into any stockyards or

upon routes of traffic for interstate

transportation, all persons, companies,

or corporations are required to exercise

reasonable diligence to ascertain

whether such animals or poultry are

affected with any contagious, infectious,

or communicable disease, or have been

exposed to the contagion or infection of

any such disease by contact with other

animals or poultry so diseased or by

location in pens, cars, or other vehicles,

or upon premises that have contained

animals or poultry so diseased.’’ We are

proposing several changes to this

sentence. We are proposing to remove

the words ‘‘or have been exposed to the

contagion or infection of any such

disease’’ and make other minor changes

consistent with our proposed definition

for ‘‘affected with’’ as described above.

In addition, we are proposing to

amend this sentence for clarification.

We believe that this sentence, as

currently written, could be

misinterpreted as meaning that all that

is required of a person who plans to

ship livestock interstate is for the person

to assess the animals’ health status prior

to making the movement. However, in

actuality, if an individual finds after

making such an assessment that an

animal is infected with or has been

exposed to any of the diseases regulated

by 9 CFR, chapter I, subchapter C, the

individual is then required to comply

with the movement requirements or

restrictions specified for that particular

disease. For example, if a cattle owner

determines that a cow to be moved

interstate is infected with bovine

piroplasmosis, then, in accordance with

§ 71.3(a), the owner would be prohibited

from moving the cow interstate. As

another example, if a cow reacts to a test

recognized by the Secretary of

Agriculture for brucellosis, the cow

could be moved interstate only in

accordance with 9 CFR part 78.

To clarify that § 71.3(f) is meant to be

an adjunct to other interstate

transportation requirements, we are

proposing to add to the paragraph the

following sentence: ‘‘Any animals found

to be affected with any disease listed in

subchapter C of this chapter may be

moved interstate only in accordance

with all applicable regulations specified

in subchapter C of this chapter for

animals affected with that disease.’’

Throughout the regulations, we are

also proposing to delete references to

‘‘poultry’’ after the term ‘‘animal’’

because ‘‘animal’’ includes ‘‘poultry.’’

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be not

significant for the purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget.

The purpose of this proposed rule is

merely to clarify current regulations

pertaining to the interstate movement of

animals. We do not anticipate that these

changes would have any economic

impact on any regulated entities.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are in conflict with this

rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 71

Animal diseases, Livestock, Poultry

and poultry products, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 9 CFR part 71 would be

amended as follows:

PART 71—GENERAL PROVISIONS

1. The authority citation for part 71

would continue to read as follows:

Authority: 21 U.S.C. 111–113, 114a, 114a–

1, 115–117, 120–126, 134b, and 134f; 7 CFR

2.22, 2.80, and 371.2(d).

2. In § 71.1, the definition of affected

with would be added, in alphabetical

order, to read as follows:

§ 71.1 Definitions.

* * * * *

Affected with. Infected with or

exposed to.

* * * * *

§ 71.2 [Amended]

3. In § 71.2, the section heading

would be revised to read ‘‘Secretary to

issue rule governing quarantine and

interstate movement of animals affected

with disease.’’

4. Section 71.3 would be amended as

follows:

a. By revising the section heading to

read as set forth below.

b. In paragraph (a), by removing the

words ‘‘or poultry’’.

c. In paragraph (b), by removing the

words ‘‘or poultry’’.

d. In paragraph (d), introductory text,

by removing the word ‘‘diseased’’ and

adding the words ‘‘affected with

disease’’ in its place.

e. In paragraph (d)(3), by removing the

words ‘‘or exposed to’’.

f. By revising paragraph (f) to read as

set forth below.

§ 71.3 Interstate movement of animals

affected with diseases of livestock or

poultry generally prohibited.

* * * * *

(f) Before offering animals for

interstate transportation, transporting

them interstate, or introducing them

into any stockyards or upon routes of

traffic for interstate transportation, all

persons are required to exercise

reasonable diligence to ascertain

whether such animals are affected with

any contagious, infectious, or

communicable disease of livestock or

poultry by contact with other animals or

by location in pens, cars, or other

vehicles, or upon premises that have

contained animals affected with the

disease. Any animals found to be

affected with any disease listed in

subchapter C of this chapter may be

moved interstate only in accordance

with all applicable regulations specified

in subchapter C of this chapter for

animals affected with that disease.

§ 71.4 [Amended]

5. In § 71.4, paragraph (b) would be

amended by removing the words ‘‘, or

carrying the infection of,’’.
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Proposed Rules 42705

§ 71.6 [Amended]

6. In § 71.6, paragraph (a) would be

amended by removing the words ‘‘, or

carrying the infection of,’’.

7. In § 71.13, the undesignated

regulatory text would be revised to read

as follows:

§ 71.13 Inspection of shipments in transit

by APHIS inspector.

All persons having control of the

interstate transportation of animals

shall, when directed by an APHIS

inspector, stop the same in transit for

inspection, and if any of such animals

are found upon such inspection to be

affected with any contagious, infectious,

or communicable disease of livestock or

poultry, the person having control of the

transportation of such animals shall,

upon receipt of an order from an APHIS

inspector, cease the transportation of

such animals unless such transportation

can be accomplished in accordance with

the regulations in this subchapter

governing the interstate movement of

animals affected with such disease, and

in all cases after the discovery of such

infection or exposure thereto such

animals shall be handled in accordance

with such regulations.

8. In § 71.14, the section heading and

the undesignated regulatory text would

be revised to read as follows:

§ 71.14 Slaughter of animals to prevent

spread of disease; ascertainment of value

and compensation.

When, in order to prevent the spread

of any contagious, infectious, or

communicable disease of livestock or

poultry, it becomes necessary to

slaughter any animals affected with the

disease and the purchase of such

animals by the United States is

authorized by law and an appropriation

is available therefor, the value of the

animals shall be ascertained and

compensation made therefor in

accordance with the orders or

regulations of the Secretary of

Agriculture.

Done in Washington, DC, this 4th day of

August, 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–20995 Filed 8–7–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 92

[Docket No. 96–052–2]

Horses From Mexico; Quarantine

Requirements

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the regulations regarding the

importation of horses from Mexico to

remove the requirement that such

horses be quarantined for not less than

7 days in vector-proof quarantine

facilities before being imported into the

United States. We believe that this

action is warranted because Mexico has

reported no cases of Venezuelan equine

encephalomyelitis (VEE) in the past

year, and it appears that horses

imported into the United States from

Mexico without a 7-day quarantine

would not pose a risk of transmitting

VEE to horses in the United States.

DATES: Consideration will be given only

to comments received on or before

October 7, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–052–2, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 96–052–2. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

Gary Colgrove, Chief Staff Veterinarian,

National Center for Import and Export,

VS, APHIS, 4700 River Road Unit 38,

Riverdale, MD 20737–1231, (301) 734–

3276.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92

(referred to below as ‘‘the regulations’’)

govern the importation into the United

States of specified animals and animal

products, including horses from Mexico,

to prevent the introduction into the

United States of various animal

diseases.

On July 31, 1996, we published an

interim rule in the Federal Register (61

FR 39852–39853, Docket No. 96–052–1)

in which we required that horses

imported into the United States from

Mexico be quarantined for not less than

7 days in a vector-free facility. Prior to

our interim rule, horses from Mexico

were not required to be held in

quarantine for any specified number of

days, but were required, instead, to be

quarantined only long enough to

complete the testing required by the

regulations.

A 7-day quarantine became necessary

when the government of Mexico

reported that Venezuelan equine

encephalomyelitis (VEE) had been

detected in horses in that country. VEE

is an equine viral disease, transmitted

primarily by mosquitoes and other

hematophagous (blood-feeding) insects,

particularly flying insects, and results in

a high mortality rate in animals infected

with the disease. Although tests exist for

the presence of VEE in horses, the tests

currently available may yield positive

results for horses that have been

vaccinated for VEE but are not

otherwise infected with the disease. The

most efficient method for initial

identification of horses that may be

infected with VEE is observation of the

horses for clinical signs of the disease.

The clinical signs most commonly

exhibited by horses infected by VEE are

marked fever, depression, and

incoordination, followed by death. A

horse will usually exhibit signs of VEE

within 2–5 days after contracting the

disease. Seven days is considered the

length of time necessary to ensure that

any clinical signs of VEE manifest

themselves.

In this document, we are proposing to

remove the requirement that horses

from Mexico be quarantined for not less

than 7 days. We believe that the removal

of this requirement is warranted because

Mexico appears to be free of VEE.

Horses imported from Mexico would

still be required to be held in quarantine

until it has been determined that the

animals are free of exotic pests and

diseases.

The last case of VEE in Mexico was

reported in July 1996. Following the

initial outbreak of VEE in the Mexican

State of Oaxaca in June 1996, the

Government of Mexico instituted

emergency measures to locate, contain,

and eradicate the disease. These

emergency measures included the

following: activation of the country’s

animal health emergency group;

organization of groups such as regional

livestock associations and State

authorities; establishment of

quarantines in areas in which the