[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Rules and Regulations]
[Page 66259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33037]



[[Page 66259]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 50

[Docket No. 97-061-2]


Expenses Associated With Transporting and Disposing of 
Tuberculosis-Exposed Animals

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations concerning animals destroyed because 
of tuberculosis to allow the U.S. Department of Agriculture to pay herd 
owners some of their expenses for transporting tuberculosis-exposed 
cattle, bison, and cervids to slaughter or to the point of disposal, 
and for disposing of the animals. Prior to the interim rule, herd 
owners could only receive help with these costs for affected animals. 
Consequently, herd owners in some cases elected to keep exposed animals 
in a herd until testing revealed them to be either free of tuberculosis 
or affected with tuberculosis, or elected not to depopulate an affected 
herd, providing opportunity for further spread of the disease. The 
interim rule also made minor changes to the provisions for paying some 
of the expenses for transporting tuberculosis-affected animals to the 
point of disposal and disposing of them. The interim rule was necessary 
to ensure continued progress toward eradicating tuberculosis in the 
U.S. livestock population.

EFFECTIVE DATE: The interim rule was effective on September 17, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. Mitchell A. Essey, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road, Unit 36, Riverdale MD 20737-1231, (301) 734-7727.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective September 17, 1997, and published in 
the Federal Register on September 23, 1997 (62 FR 49590-49593, Docket 
No. 97-061-1), we amended the regulations in 9 CFR 50.8 to allow the 
U.S. Department of Agriculture (the Department) to pay herd owners one-
half the expenses of transporting tuberculosis-exposed cattle, bison, 
and cervids to slaughter or to the point of disposal, and for disposing 
of the animals. The interim rule also provided that the Department may 
pay more than one-half of the expenses when the Administrator of the 
Animal and Plant Health Inspection Service (APHIS) determines that 
doing so will contribute to the tuberculosis eradication program. Prior 
to this interim rule, herd owners could only receive help with these 
costs for affected animals. We also amended Sec. 50.8 in the interim 
rule to allow the Department to pay herd owners of tuberculosis-
affected cattle, bison, and cervids more than one-half of the expenses 
of transporting the animals to slaughter or the point of disposal, and 
for disposing of the animals when the Administrator of APHIS determines 
that doing so will contribute to the tuberculosis eradication program. 
In addition, we amended Sec. 50.8 to remove the provisions concerning 
forms for payment of expenses for disposal or transportation of 
tuberculosis-affected animals, and we amended Sec. 50.8 to remove the 
provision that the Department will not pay any portion of the expenses 
for transporting or disposing of affected animals when the 
transportation or disposal is provided by the owner of the affected 
animals.
    Comments on the interim rule were required to be received on or 
before November 24, 1997. We received one comment by that date. The 
commenter supported the interim rule as written. The facts presented in 
the interim rule still provide a basis for the rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

List of Subjects in 9 CFR Part 50

    Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting 
and recordkeeping requirements, Tuberculosis.

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 50 and that was published at 62 FR 
49590-49593 on September 23, 1997.

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).

    Done in Washington, DC, this 12th day of December 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-33037 Filed 12-17-97; 8:45 am]
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