83 FR 15756 - Branding Requirements for Bovines Imported Into the United States From Mexico

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 83, Issue 71 (April 12, 2018)

We are proposing to amend the regulations regarding the branding of bovines imported into the United States from Mexico. We are taking this action at the request of the Government of Mexico to address issues that have arisen with the branding requirement for these bovines. The changes we are proposing would help prevent inconsistencies in branding that can result in bovines being rejected for import into the United States.

[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Proposed Rules]
[Pages 15756-15758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07585]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / 
Proposed Rules

[[Page 15756]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. APHIS-2016-0050]
RIN 0579-AE38


Branding Requirements for Bovines Imported Into the United States 
From Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations regarding the 
branding of bovines imported into the United States from Mexico. We are 
taking this action at the request of the Government of Mexico to 
address issues that have arisen with the branding requirement for these 
bovines. The changes we are proposing would help prevent 
inconsistencies in branding that can result in bovines being rejected 
for import into the United States.

DATES: We will consider all comments that we receive on or before June 
11, 2018.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0050.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0050, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-
0050 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW, Washington, DC. 
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Betzaida Lopez, Senior Staff 
Veterinarian, National Import Export Services, Policy, Permitting, and 
Regulatory Services, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 
20737-1231; (301) 851-3300.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in 9 CFR part 93 prohibit or restrict the 
importation of certain animals, birds, and poultry into the United 
States to prevent the introduction of communicable diseases of 
livestock and poultry. Subpart D of part 93 (Sec. Sec.  93.400 through 
93.436, referred to below as the regulations) governs the importation 
of ruminants; within subpart D, Sec.  93.427 specifically addresses the 
importation of cattle and other bovines from Mexico into the United 
States.
    In Sec.  93.427, paragraph (c) contains conditions to prevent the 
spread of tuberculosis to U.S. livestock and paragraph (e) contains 
conditions to prevent the entry of bovine spongiform encephalopathy 
(BSE) via the importation of cattle and other bovines from Mexico. 
Under paragraph (c)(1), steers imported into the United States must be 
identified with a distinct, permanent, and legible ``M'' mark, and 
spayed heifers must be identified with a distinct, permanent, and 
legible ``MX'' mark, applied with a freeze brand, hot iron, 
or other method prior to arrival at a port of entry. The brands must 
not be less than 2 inches or more than 3 inches high, and must be 
applied to the animal's right hip, high on the tailhead (over the 
junction of the sacral and first coccygeal vertebrae).
    Under paragraph (e)(3), sexually intact bovines must be permanently 
and humanely identified using one of the following methods:
     An ``MX'' mark applied with a freeze brand, hot iron, or 
other method prior to arrival at a port of entry. The brand must not be 
less than 2 inches or more than 3 inches high, and must be applied to 
the animal's right hip, high on the tailhead (over the junction of the 
sacral and first coccygeal vertebrae);
     A tattoo with the letters MX applied to the inside of one 
ear of the animal; or
     Other means of permanent identification upon request if 
deemed adequate by the Administrator to humanely identify the animal in 
a distinct and legible way as having been imported from Mexico.
    Several issues have arisen as a result of the branding 
requirements. The small size of the brands means that the brands may 
blotch when applied to the animals, making the brands difficult to read 
and potentially requiring the animal to be re-branded. In addition the 
``MX'' brand required for spayed heifers and the ``MX'' 
brand for sexually intact cattle can be easily confused, resulting in 
doubt over whether animals have been correctly branded and in some 
cases causing them to be rejected for importation at the ports. The 
Government of Mexico has requested that we modify the requirements to 
address these issues.
    Accordingly, we are proposing to amend the requirements in Sec.  
93.427. In paragraph (c)(1), we would require steers and spayed heifers 
to be marked with a single ``M'' brand between 3 and 5 inches (7.5 and 
12.5 cm) tall and wide to be placed on the right hip within 4 inches 
(10 cm) of the midline of the tailhead. This should be interpreted as 
the top of the brand being within 4 inches of the midline of the 
tailhead and placed above the hook and pin bones. The brand should also 
be within 18 inches (45.7 cm) of the anus.
    Increasing the size of the brands and simplifying them to a simple 
``M'' would help reduce or eliminate branding errors, which in turn 
would reduce the need for rebranding and the incidence of cattle 
rejections at port-of-entry inspection. The change to the description 
of the placement of the brand clarifies the requirement by making the 
description more specific.
    Similarly, in paragraph (e)(3)(i) we would amend the branding 
option for sexually intact bovines from Mexico to provide for those 
animals to be branded with a single ``M'' brand between 3 and 5 inches 
(7.5 and 12.5 cm) tall and wide, located on the upper right front 
shoulder of the animal.
    As with the change for steers and spayed heifers, increasing the 
size of the brand for sexually intact animals would reduce or eliminate 
branding errors.

[[Page 15757]]

Changing the placement of the brand for sexually intact bovines from 
the hip to the shoulders would allow steers and spayed heifers to be 
visually distinguished from breeding cattle while allowing the use of 
the simplified brand for both categories of animals. We are not 
proposing to change the tattoo option for sexually intact bovines in 
paragraph (e)(3)(ii) because the MX tattoo has not posed a problem with 
confusion or errors as the brands have.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This proposed 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. Further, APHIS 
considers this rule to be a deregulatory action under Executive Order 
13771 as the action may result in cost savings.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov website (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    This proposed rule would amend the regulations in 9 CFR part 93 to 
change the identification requirements of bovines imported from Mexico. 
At present, cattle from Mexico carry at least two forms of 
identification, generally a brand and an approved eartag. Cattle 
imported from Mexico for other than immediate slaughter, are required 
to be branded with an ``M'' for steers, an ``Mx'' for spayed heifers, 
and an ``MX'' brand or tattoo for breeding bovines. APHIS is proposing 
that all bovines imported from Mexico be branded with a single ``M'' to 
avoid branding uncertainties. In order to distinguish between feeder 
and breeding cattle, the brand for steers and spayed heifers would be 
placed on the back hip and the brand for breeding cattle would be 
placed on the shoulder. Cattle imported from Mexico would still require 
an approved eartag.
    The new identification requirements would reduce if not eliminate 
questionable brands, reducing the need for rebranding and the incidence 
of cattle rejections at port-of-entry inspection. Revenue from hides 
accounts for about 75 percent of the byproduct-value of beef cattle. 
Damage from rebranding can reduce hide value. Also, re-inspection due 
to questionable brands increases transactions costs. Currently, a $4.00 
inspection fee per head is billed to the broker who in turn charges the 
exporter. The single ``M'' brand would both minimize hide damage and 
the need for re-inspections. Because the approved eartag is a current 
requirement, we do not anticipate any additional costs would be 
incurred.
    Entities that may be impacted by the proposed rule fall into 
various categories of the North American Industry Classification 
System. The majority of these businesses are small entities.
    Based on a sample of the percentage of cattle in fiscal year 2015 
that initially were not allowed entry from Mexico because of branding 
concerns, the decrease in the value of hides when rebranded, and the 
cost of re-inspection, we estimate annual cost savings attributable to 
the proposed rule may range from $113,900 to $248,700. There would also 
be unquantified cost savings from the expected reduction in delays at 
ports of entry due to branding issues. In accordance with guidance on 
complying with Executive Order 13771, the primary estimate of the cost 
savings for this rule is $181,300. This value is the mid-point of the 
above range in cost savings annualized in perpetuity using a 7 percent 
discount rate.

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 inconsistent 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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the burden requirements included in 
this proposed rule are approved by the Office of Management and Budget 
under control number 0579-0040.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.

List of Subjects in Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, 
AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR 
MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

0
1. The authority citation for part 93 continues to read as follows:

    Authority:  7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

0
2. Section 93.427 is amended by revising paragraphs (c)(1) and 
(e)(3)(i) to read as follows:


Sec.  93.427  Cattle and other bovines from Mexico.

* * * * *
    (c) * * *
    (1) Each steer or spayed heifer imported into the United States 
from Mexico shall be identified with a distinct, permanent, and legible 
``M'' mark applied with a freeze brand, hot iron, or other method prior 
to arrival at a port of entry, unless the steer or spayed heifer is 
imported for slaughter in accordance with Sec.  93.429. The ``M'' mark 
shall be between 3 inches (7.5 cm) and 5 inches (12.5 cm) high and 
wide, and shall be applied to each animal's right hip, within 4 inches 
(10 cm) of the midline of the tailhead (that is, the top of the brand 
should be within 4 inches (10 cm) of the midline of the tailhead, and 
placed above the hook and pin bones). The brand should also be within 
18 inches (45.7 cm) of the anus.
* * * * *
    (e) * * *
    (3) * * *
    (i) An ``M'' mark properly applied with a freeze brand, hot iron, 
or other method, and easily visible on the live animal and on the 
carcass before skinning. Such a mark must be between 3 inches (7.5 cm) 
and 5 inches (12.5 cm) high and wide, and must be applied to the upper 
right front shoulder of each animal; or
* * * * *


[[Page 15758]]


    Done in Washington, DC, this 9th day of April 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-07585 Filed 4-11-18; 8:45 am]
 BILLING CODE 3410-34-P