[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Rules and Regulations]
[Pages 64595-64597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31215]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 97-062-2]


Tuberculosis Testing of Livestock Other than Cattle and Bison

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting as a final rule, with one change, an interim 
rule that amended the tuberculosis regulations to include species of 
livestock other than cattle and bison in the requirement for two annual 
herd tests for newly assembled herds on premises where a tuberculous 
herd has been depopulated. The interim rule was necessary because such 
livestock could become infected with tuberculosis and, without testing, 
could spread tuberculosis to the cattle or bison in the herd before the 
disease was detected in the herd. The testing of species of livestock 
other than cattle and bison in newly assembled herds on premises where 
a tuberculous herd has been depopulated will help ensure continued 
progress toward eradicating tuberculosis in the U.S. livestock 
population.

EFFECTIVE DATE: December 23, 1998.

FOR FURTHER INFORMATION CONTACT: Dr. James P. Davis, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road

[[Page 64596]]

Unit 36, Riverdale, MD 20737-1231, (301) 734-7727; or e-mail: 
James.P.D[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is the contagious, infectious, and communicable 
disease caused by Mycobacterium bovis. The regulations in 9 CFR part 
77, ``Tuberculosis'' (referred to below as the regulations), regulate 
the interstate movement of cattle and bison because of tuberculosis. 
Cattle or bison not known to be affected with or exposed to 
tuberculosis may be moved interstate without restriction if those 
cattle or bison are moved from a State designated as an accredited-
free, accredited-free (suspended), or modified accredited State. The 
regulations restrict the interstate movement of cattle or bison not 
known to be affected with or exposed to tuberculosis if those cattle or 
bison are moved from a nonmodified accredited State.
    The status of a State is based on its freedom from evidence of 
tuberculosis in cattle and bison, the effectiveness of the State's 
tuberculosis eradication program, and the degree of the State's 
compliance with the standards contained in a document titled ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication'' (referred to below 
as the UM&R), which, as explained in the definition of Uniform Methods 
and Rules--Bovine Tuberculosis Eradication in Sec. 77.1, has been 
incorporated by reference into the regulations.
    In an interim rule published in the Federal Register and effective 
on February 23, 1998 (63 FR 8837-8840, Docket No. 97-062-1), we amended 
the tuberculosis regulations to include species of livestock other than 
cattle and bison in the UM&R's requirement for two annual herd tests 
for newly assembled herds on premises where a tuberculous herd has been 
depopulated. As part of that interim rule, we revised the definitions 
of Accredited-free (suspended) State, herd, and Modified accredited 
State, and added a definition of livestock.
    Comments on the interim rule were required to be received on or 
before April 24, 1998. We received three comments by that date. The 
comments were from a State veterinarian, an association of zoo 
veterinarians, and an association of zoo and aquarium operators. All 
three commenters supported the testing requirements of the interim 
rule, but two of the commenters had concerns related to two of the 
definitions added or revised by the interim rule. Those comments are 
discussed below.
    In the interim rule, we defined livestock as ``cattle, bison, 
cervids, swine, dairy goats, and other hoofed animals (such as llamas, 
alpacas, and antelope) raised or maintained in captivity for the 
production of meat and other products, for sport, or for exhibition.'' 
We also defined herd as ``any group of livestock maintained on common 
ground for any purpose, or two or more groups of livestock under common 
ownership or supervision, geographically separated but that have an 
interchange or movement of livestock without regard to health status, 
as determined by the Administrator.'' As noted in the interim rule, 
these two definitions are the same as the definitions for those terms 
in Sec. 50.1 of the tuberculosis indemnity regulations in 9 CFR part 
50.
    Two of the commenters were concerned about the potential impact 
that the interim rule's definitions of livestock and herd could have on 
animals maintained in zoos. First, the commenters were concerned that 
the inclusion of ``other hoofed animals'' in the definition of 
livestock might lead to a requirement that intradermal tuberculin skin 
testing be performed on animals like rhinoceroses and giraffes for 
which such testing has not been validated. The commenters recommended 
that the definition of livestock be modified to include only those 
animals for which there is clinical evidence that the intradermal 
tuberculin skin test is valid. With regard to the definition of herd, 
the commenters stated that it may be difficult to define precisely what 
constitutes a herd in a zoo environment, as hoofed animals of different 
species, housed in different areas, and under the care of different zoo 
professionals may or may not constitute a ``herd'' from an 
epidemiological perspective. In this case, the commenters suggested 
that the definition of herd be modified to take into account the unique 
character of the zoological environment.
    The interim rule extended the testing requirements of the UM&R to 
livestock other than cattle or bison only under very limited 
circumstances, i.e., when those other animals are part of a newly 
assembled herd on a premises where a tuberculous herd has been 
depopulated. While it is true that certain zoo animals could fall 
within the categories of animals included in the interim rule's 
definition of livestock, and thus be included in the definition of 
herd, no new testing requirements have been extended to hoofed animals 
maintained in zoos by virtue of that inclusion. We fully appreciate the 
differences between the zoological environment and commercial livestock 
operations, and did not intend for the interim rule to alter the way 
animal health issues at zoos are currently addressed by the Animal and 
Plant Health Inspection Service, the States, and the zoos themselves. 
Because the interim rule's definitions of livestock and herd do not 
place any new requirements on hoofed animals maintained in zoos, we do 
not believe that it is necessary to make any changes to those 
definitions based on the comments.
    However, the points raised by the commenters led us to review the 
provisions of part 77 to ensure that the interim rule's definitions of 
livestock and herd did not have any unintended effects. In that review, 
we noted that the definition of Accredited-free state in Sec. 77.1 
contains the sentence ``Detection of tuberculosis in two or more herds 
in the state within 48 months will result in revocation of accredited-
free state status.'' Because the definition of herd is no longer 
limited to cattle and bison, that sentence could be misleading. To make 
it clear that it is the detection of tuberculosis in cattle and bison, 
and not in other livestock, that affects a State's tuberculosis status, 
we have amended that sentence so that it now reads: ``Detection of 
tuberculosis in cattle or bison in two or more herds in the state 
within 48 months will result in revocation of accredited-free state 
status.''
    Therefore, for the reasons set forth in the interim rule and in 
this document, we are adopting the interim rule as a final rule with 
the change discussed in this document.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Order 12866 and Regulatory 
Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork 
Reduction Act.
    Further, this final 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.

List of Subjects in 9 CFR Part 77

    Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

    Accordingly, we are adopting as a final rule, with the change set 
forth below, the interim rule that amended 9 CFR part 77 and that was 
published at 63 FR 8837-8840 on February 23, 1998.

[[Page 64597]]

PART 77--TUBERCULOSIS

    1. The authority citation for part 77 continues to read as follows:

    Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, 
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).


Sec. 77.1  [Amended]

    2. In Sec. 77.1, in the definition of Accredited-free state, 
paragraph (1)(i), the second-to-last sentence is amended by adding the 
words ``cattle or bison in'' immediately before the words ``two or 
more''.

    Done in Washington, DC, this 17th day of November 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-31215 Filed 11-20-98; 8:45 am]
BILLING CODE 3410-34-P