[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Proposed Rules]
[Pages 42703-42705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20995]


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 Proposed Rules
                                                 Federal Register
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 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. 62, No. 153 / Friday, August 8, 1997 / 
Proposed Rules  

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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.

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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: [email protected].

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 
Sec. 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 
Secs. 71.2 and 71.3, in Sec. 71.3(d), and in Sec. 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 Sec. 71.1, this 
wording change would make it clear that we are referring to both 
infected and exposed animals in these four references.
    In Sec. 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 Sec. 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, Sec. 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

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words ``exposed to'' in Sec. 71.3(d)(3) would become redundant. In 
addition, Secs. 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 Sec. 71.1 of the proposed 
definition for ``affected with.''
    Finally, Sec. 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 Sec. 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 Sec. 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 Sec. 71.1, the definition of affected with would be added, in 
alphabetical order, to read as follows:


Sec. 71.1  Definitions.

* * * * *
    Affected with. Infected with or exposed to.
* * * * *


Sec. 71.2  [Amended]

    3. In Sec. 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.


Sec. 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.


Sec. 71.4  [Amended]

    5. In Sec. 71.4, paragraph (b) would be amended by removing the 
words ``, or carrying the infection of,''.

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Sec. 71.6  [Amended]

    6. In Sec. 71.6, paragraph (a) would be amended by removing the 
words ``, or carrying the infection of,''.
    7. In Sec. 71.13, the undesignated regulatory text would be revised 
to read as follows:


Sec. 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 Sec. 71.14, the section heading and the undesignated 
regulatory text would be revised to read as follows:


Sec. 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]
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