[Federal Register Volume 64, Number 210 (Monday, November 1, 1999)]
[Rules and Regulations]
[Pages 58769-58780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27746]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 99-008-1]


Tuberculosis in Cattle and Bison; State Designations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the bovine tuberculosis regulations to allow 
zones within a State to be assigned different risk statuses and to 
clarify the conditions for assigning a particular risk status for 
bovine tuberculosis. We are also amending the regulations to increase 
the amount of testing that must be done before certain cattle and bison 
may be moved interstate. These changes are necessary to help prevent 
the spread of tuberculosis and to further the progress of the domestic 
bovine tuberculosis eradication program.

DATES: This interim rule is effective October 20, 1999. We invite you 
to comment on this docket. We will consider all comments that we 
receive by January 3, 2000.
    The incorporation by reference listed in this rule is approved by 
the Director of the Federal Register as of October 20, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
008-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 99-008-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room 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) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph Van Tiem, Senior Staff 
Veterinarian, VS, APHIS, USDA, 4700 River Road Unit 43, Riverdale, MD 
20737-1231; (301) 734-7716.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is a contagious, infectious, and communicable 
disease caused by Mycobacterium bovis. It affects cattle, bison, deer, 
elk, goats, and other species, including humans. Bovine tuberculosis in 
infected animals and humans manifests itself in lesions of the lung, 
bone, and other body parts, causes weight loss and general 
debilitation, and can be fatal.
    At the beginning of this century, bovine tuberculosis caused more 
losses of livestock than all other livestock diseases combined. This 
prompted the establishment of the National Cooperative State/Federal 
Bovine Tuberculosis Eradication Program for bovine tuberculosis in 
livestock.
    Federal regulations implementing this program are contained in 9 
CFR part 77, ``Tuberculosis'' (referred to below as the regulations), 
and in the ``Uniform

[[Page 58770]]

Methods and Rules--Bovine Tuberculosis Eradication'' (UMR), which is 
incorporated by reference into the regulations. (This interim rule 
updates the edition that is incorporated, as discussed below under the 
heading ``UMR.'') The regulations restrict the interstate movement of 
cattle, bison, and captive cervids to prevent the spread of bovine 
tuberculosis.
    Restrictions on the interstate movement of cattle and bison not 
known to be affected with or exposed to tuberculosis have been based on 
whether the animals are moved from States designated as accredited-free 
States, accredited-free (suspended) States, modified accredited States, 
or nonmodified accredited States. Although the restrictions on the 
interstate movement of captive cervids are currently not based on the 
tuberculosis status of a State, we are developing regulations that 
would establish such a relationship.
    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 for cattle and bison contained in the 
UMR. Currently, a State's tuberculosis status is not determined or 
affected by evidence of tuberculosis in cervids.
    Section 77.1 of the regulations has defined and listed accredited-
free, accredited-free (suspended), modified accredited, and nonmodified 
accredited States. Prior to this interim rule, these terms were defined 
in the regulations as follows:
    Accredited-free State. An accredited-free State was defined as a 
State that has had no findings of tuberculosis in any cattle or bison 
anywhere in the State for at least 5 years. (As noted above, there are 
currently no defined State tuberculosis statuses with regard to 
cervids.) The definition also provided that a State must comply with 
all the provisions of the UMR regarding accredited-free States. These 
provisions include a requirement that the State demonstrate annually 
that an adequate amount of testing and slaughter surveillance is done 
in that State to discover any bovine tuberculosis that might be 
present. The definition of accredited-free State provided that 
detection of tuberculosis in any cattle or bison in the State would 
result in suspension of the State's accredited-free status, and that, 
if tuberculosis were detected in two or more herds anywhere in the 
State within a 48-month period, the State's accredited-free status 
would be downgraded.
    Accredited-free (suspended) State. An accredited-free (suspended) 
State was defined as an accredited-free State in which tuberculosis has 
been detected in any cattle or bison.
    Modified accredited State. A modified accredited State was defined 
as a State that complies with all the provisions of the UMR regarding 
modified accredited States. The UMR requires that, to retain modified 
accredited status, a State must demonstrate annually that an adequate 
amount of testing and slaughter surveillance is done in that State to 
discover any bovine tuberculosis that might be present. The UMR also 
provides that disclosure of tuberculosis in the State or failure of the 
State to take progressive steps to comply with the UMR to seek out and 
eliminate bovine tuberculosis will be cause for downgrading of the 
modified accredited status. Further, the regulations provided that if 
any livestock other than cattle or bison were included in a newly 
assembled herd on a premises where a tuberculous herd had been 
depopulated, the State must apply the UMR herd test requirements for 
such newly assembled herds to those other livestock as well as to 
cattle and bison in the new herd.
    Nonmodified accredited State. A nonmodified accredited State was 
defined as a State that has not received accredited-free status or 
modified accredited status.
Need for this Interim Rule
    Prior to this interim rule, the regulations did not provide for 
different areas, or zones, within a State to be assigned different 
tuberculosis risk statuses. There have historically been a number of 
reasons for not considering areas smaller than a State for regulatory 
purposes. Generally, the legal authority to issue and enforce 
regulations concerning tuberculosis under the animal quarantine laws is 
limited to interstate, rather than intrastate, movement of regulated 
products and animals. Additionally, each State has in place its own 
administrative and veterinary infrastructure and legal authority for 
monitoring, detecting, recording, controlling, and eradicating animal 
diseases in that State. This centralization of veterinary efforts at 
the State level has made it natural to consider one uniform disease 
status for each State. Further, because State borders are clearly 
defined legal boundaries, they have lent themselves to delineating a 
readily identifiable area for disease risk.
    However, just as the United States has recently begun to recognize 
regions smaller than a country when considering the risk of disease 
from imports from a foreign country,1 there are compelling 
reasons for considering areas smaller than a State when considering 
tuberculosis risk in the United States.
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    \1\ See, for example, ``64 FR 34155-34168, Docket No. 97-086-2, 
Recognition of Animal Disease Status of Regions in the European 
Union,'' published June 25, 1999, and ``64 FR 8755-8761, Docket No. 
97-079-1, Importation of Pork and Pork Products from Yucatan and 
Sonora, Mexico,'' published February 23, 1999.
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    Under the regulations prior to this interim rule, if tuberculosis 
was determined to exist in any part of a State, the entire State was 
designated as being at risk. This ``all or nothing'' approach did not 
always provide sufficient incentive for a State to restrict movement of 
tuberculosis-susceptible animals from high-risk areas within the State 
and to otherwise rapidly contain the disease and move toward 
eradication. Failure to rapidly identify and address high-risk areas 
significantly increased the risk of tuberculosis spread among 
livestock.
    In this interim rule, we establish requirements (discussed below) 
for achieving APHIS recognition of zones within a State for the purpose 
of tuberculosis status. Providing for zones will allow for APHIS 
recognition of distinct tuberculosis risk levels within a State. For 
example, a State that contains several herds that are affected with 
tuberculosis in an identifiable area might nonetheless qualify for 
accredited-free status in the rest of the State, provided it meets 
certain conditions, discussed below, to ensure containment and 
eradication of the disease in the affected area. This will give States 
the incentive to isolate affected areas from the rest of the State and 
to implement effective containment and eradication measures, thereby 
decreasing tuberculosis risk intrastate and interstate.
    The key criteria in establishing a ``zone'' for the purpose of 
tuberculosis risk status are that the boundary of the zone be 
identifiable and that it be located where factors such as physical 
barriers, distance, lack of livestock, or animal movement controls make 
it unlikely that tuberculosis will be transmitted across the boundary. 
The criteria we will apply to identify a zone within a State are the 
same criteria we use to identify regions in foreign countries.
    In Sec. 77.1 of this interim rule, we define zone as a defined 
geographic land area identifiable by geological, political, manmade, or 
surveyed boundaries, with mechanisms of disease spread, epidemiological 
characteristics, and the ability to control the movement

[[Page 58771]]

of animals across the boundaries of the zone taken into account. By 
``mechanisms of disease spread,'' we mean the ways in which 
tuberculosis can be transmitted to animals, such as in aerosol fashion 
or through ingestion of contaminated food or water. ``Epidemiological 
characteristics'' include factors such as the presence or absence of 
livestock in a zone, the distance between animals within and outside a 
zone, the prevalence of disease within a zone, and the density of 
potential wildlife hosts within a zone.
    We consider mechanisms of disease spread and epidemiological 
characteristics important components in how the boundaries of a zone 
will be determined, because a zone by its nature should present a 
different level of disease risk than the zone from which it is 
distinguished. Therefore, the distance between livestock in two 
different zones and the manner in which the disease is transmitted need 
to be considered in determining where to draw a boundary that clearly 
divides two areas with differing tuberculosis risks.
    In Sec. 77.8 of this interim rule, we set forth conditions and 
procedures for requesting that the Administrator of APHIS designate 
part of a State as a zone that has a different tuberculosis status than 
the rest of the State. We provide that a State animal health official 
may request such designation of a distinct zone if the State has the 
legal and financial resources to implement and enforce a tuberculosis 
eradication program; has the infrastructure, laws, and regulations to 
require and ensure tuberculosis cases are reported to State and Federal 
regulatory authorities; and maintains or will maintain clinical and 
epidemiological surveillance of animal species at risk of tuberculosis 
at a rate that allows detection of tuberculosis in the overall 
population of livestock herds in each zone at a 2 percent prevalence 
rate (the average prevalence in a herd containing infected animals) 
with 95 percent confidence. We require that the zone being requested be 
delineated by State animal health authorities, subject to approval of 
the zone by the Administrator. Because of the amount of monitoring and 
movement controls necessary for a State to adequately administer 
different status zones, we are limiting the number of zones allowable 
in each State to two.

Definitions

    The definitions for terms used in part 77 are contained in 
Sec. 77.1. We are revising the definitions of accredited-free State, 
accredited-free (suspended) State, modified accredited State, and 
nonmodified accredited State, so that each category applies to zones as 
well as to entire States. Additionally, we are making some formatting 
changes to those definitions, such as moving lists of States and the 
requirements for applying for status redesignation or renewal from the 
definitions section to other sections of the regulations. We are also 
including in the definition of accredited-free State or zone a 
provision that was previously set forth in the UMR and that was 
incorporated by reference into the regulations. Under this provision, a 
modified accredited or nonmodified accredited State or zone that was 
previously accredited-free can regain accredited-free status in 2 years 
provided it meets the following requirements: The State or zone has 
zero prevalence of affected cattle and bison herds; all herds of cattle 
and bison affected with tuberculosis have been depopulated; there have 
been no findings of tuberculosis in cattle or bison for 2 years from 
the depopulation of the last infected herd in the State or zone; and 
the State or zone complies with the provisions of the UMR. Because this 
provision was included in the UMR, which has been incorporated by 
reference into the regulations, it was in effect prior to this interim 
rule. We are also making certain substantive changes to the 
definitions, which we discuss below.
    Accredited-free State or zone. The definition of accredited-free 
State until now has provided that to establish or maintain such status, 
a State must have no findings of tuberculosis in any cattle or bison in 
the State for at least 5 years and must comply with all of the 
provisions of the UMR. In this interim rule, we are retaining that 
requirement and are further defining an accredited-free State or zone 
as one that has zero percent prevalence of affected cattle and bison 
herds. Although zero percent prevalence may be self-evident in a State 
or zone in which no affected herds have been diagnosed, we consider it 
useful to include such a criterion to be consistent with our use of 
disease prevalence in defining modified accredited State or zone, 
discussed below. In this interim rule, we add a definition of zero 
percent prevalence in Sec. 77.1 to mean ``no finding of tuberculosis in 
any cattle or bison herd in the State or zone.''
    Accredited-free (suspended) State or zone. We are not revising the 
definition of accredited-free (suspended) State, except to apply it to 
zones as well as States and to move the requirements for regaining 
accredited-free status to Sec. 77.3.
    Modified accredited State or zone. The regulations until now 
defined a modified accredited State as one that complies with all of 
the provisions of the UMR regarding modified accredited States. Under 
the regulations prior to this interim rule, it was not always clear 
what standards a State needed to meet to achieve modified accredited 
status. With the establishment of zones under this interim rule, it is 
essential to the prevention of tuberculosis spread in States that this 
lack of clarity be rectified so that States are clear regarding the 
standards for achieving status and, consequently, regarding the 
restrictions they must impose on the movement of livestock from zones 
that do not meet the standards for modified accredited or accredited-
free status.
    In this interim rule, we are specifying that, in addition to 
complying with the UMR, a modified accredited State or zone is one in 
which tuberculosis has been prevalent in less than 0.01 percent of the 
total number of herds of cattle and bison in the State or zone for the 
most recent 2 years. However, because it is likely that some zones will 
contain a relatively small number of herds, we are also providing, as 
discussed below, that in a State or zone with fewer than 30,000 herds, 
the Administrator, upon his or her review, may allow the State or zone 
to have up to 3 affected herds for each of the most recent 2 years, if 
the Administrator determines that the veterinary infrastructure, 
livestock demographics, and tuberculosis control and eradication 
measures in the State or zone are adequate to prevent the spread of 
tuberculosis.
    We are using 0.01 percent of the total number of herds in the State 
or zone as the standard maximum allowable percentage of affected herds. 
This number represents a progression from the requirements of the 
tuberculosis eradication program of the 1940's, when 0.5 percent was 
considered an acceptable maximum percentage of prevalence of affected 
herds. Since that time, significant gains in the tuberculosis 
eradication program have consistently reduced the national percentage 
of herds affected with tuberculosis, so that today the national 
percentage stands at approximately 0.0002 percent. With such minimal 
tuberculosis prevalence, we consider it appropriate to set the 
allowable maximum prevalence percentage at 0.01 percent, which we 
believe will contribute to continued progress in the tuberculosis 
program, while not being so impractically stringent that States will 
lose incentive to achieve or retain modified accredited status.

[[Page 58772]]

    Although we consider a maximum of 0.01 percent to be appropriate in 
most cases, we recognize there are situations where the circumstances 
in a State or zone might warrant some deviation from that standard. For 
instance, the requirement for less than 0.01 percent prevalence means 
that, for every 10,000 herds in the State or zone, no more than 1 herd 
can be affected. In a State or zone with fewer than 10,000 herds, even 
the presence of 1 affected herd would cause the prevalence rate to 
exceed the allowable maximum. We do not necessarily consider one 
affected herd to pose a disease risk significant enough to disqualify a 
State or zone from modified accredited status. Additionally, in some 
States or zones that do not have a relatively large number of herds (by 
comparison, some States have as many as 140,000 herds), it is possible 
that circumstances might warrant a modified accredited State or zone 
having up to 3 affected herds. The factors the Administrator will 
consider in determining whether a prevalence level in excess of 0.01 
percent is acceptable include (1) how effectively the veterinary 
infrastructure in the State or zone could respond to the discovery of 
an affected herd and (2) the risk of transmission of the disease from 
an affected herd to other herds, based on factors such as the density 
of the livestock population and patterns of herd distribution. If the 
Administrator determines that such factors in a State or zone are 
adequate to prevent the spread of tuberculosis, a State or zone with 
fewer than 30,000 herds will qualify for modified accredited status 
even if the percentage of affected herds exceeds 0.01 percent of the 
total number of herds.
    Nonmodified accredited State or zone. We are making no substantive 
changes to the definition of nonmodified accredited State, other than 
to make the definition applicable to zones as well as to States.
    In addition to the changes to the definitions in Sec. 77.1 that are 
described above, we are revising that section by adding other 
definitions. We discuss each of these added terms below as part of our 
discussion of the regulatory requirements in which they appear.

Designation of Bovine Tuberculosis Status: Sec. 77.2

    In Sec. 77.2 of this interim rule, we provide that the 
Administrator will designate the tuberculosis status of each State 
according to the criteria listed in subpart A of part 77. The section 
also provides that the Administrator will give only part of a State a 
particular designation, upon request of the State, if the Administrator 
determines that the State meets the requirements of the regulations for 
establishing zones (discussed below) and enforces restrictions on the 
intrastate movement of cattle and bison that are substantially the same 
as our restrictions on the interstate movement of those animals. 
Additionally, Sec. 77.2 provides that designation of partial State 
status is dependent on the Administrator's determination that such 
designation will otherwise be adequate to prevent the interstate spread 
of tuberculosis.
    It is essential that a State that is requesting recognition of a 
zone have in place effective regulations governing intrastate movement 
because, in most cases, our authority to regulate the movement of 
animals and animal products is limited to interstate movement. 
Therefore, we must be confident that the State will effectively enforce 
movement between zones within State borders.

Accredited-Free State or Zone Status: Sec. 77.3

    In Sec. 77.3(a), we list those States and zones designated as 
accredited-free. The list of States is the same as that in the 
regulations in effect prior to this interim rule, except for the 
addition of an accredited-free zone in Michigan. We discuss below our 
rationale for designating the zone in Michigan as accredited-free. (See 
``Recognition of Tuberculosis Status Zones in Michigan.'')
    In Sec. 77.3(c), we include the provision that formerly appeared in 
the definition of accredited-free State that the accredited-free status 
of a State will be suspended if tuberculosis is detected in any one 
cattle or bison herd in the State and are expanding it to apply to 
zones as well as States. Similarly, we are moving from the definitions 
section to Sec. 77.3(c) the provision that if two or more affected 
herds are detected in an accredited-free State within a 48-month 
period, the State will be removed from the list of accredited-free 
States. We are also amending that provision to include zones. We are 
also amending the requirements for renewing accredited-free status to 
include zones and are moving the renewal requirements from the 
definitions in Sec. 77.1 to Sec. 77.3(f).
    We are providing in Sec. 77.3(e) that if tuberculosis is diagnosed 
within an accredited-free State or zone in an animal not specifically 
included in the regulations and a risk assessment conducted by APHIS 
determines that the outbreak poses a tuberculosis risk to livestock 
within the State or zone, the State or zone must adopt a tuberculosis 
management plan, approved jointly by the State animal health official 
and the Administrator, within 6 months of the diagnosis. The management 
plan must include provisions for immediate investigation of 
tuberculosis in livestock and wildlife, the prevention of the spread of 
the disease to other wildlife and livestock, increased surveillance of 
tuberculosis in wildlife, eradication of tuberculosis from individual 
herds, a timeline for tuberculosis eradication, and performance 
standards by which to measure yearly progress toward eradication. If a 
State or zone does not adopt such a plan within the required 6 months, 
the State or zone will lose its accredited-free status. We consider 
this requirement necessary because of the risk of wildlife coming into 
contact with domestic livestock, both through free-ranging wildlife and 
wildlife held by the growing number of exhibitors in the United States.

Modified Accredited States or Zones: Sec. 77.4

    In Sec. 77.4, we list those States and zones designated as modified 
accredited and provide the criteria for renewing modified accredited 
status. The list of States is the same as the list in the regulations 
in effect prior to this interim rule. The criteria for renewing 
modified accredited status are also the same, except that they apply to 
zones as well as States. However, we are adding a provision that if 
tuberculosis is diagnosed within a modified accredited State or zone in 
an animal not specifically included in the regulations and a risk 
assessment conducted by APHIS determines that the outbreak poses a 
tuberculosis risk to livestock within the State or zone, the State or 
zone must adopt a tuberculosis management plan, approved jointly by the 
State animal health official and the Administrator, within 6 months of 
the diagnosis. If a State or zone does not adopt such a plan within the 
required 6 months, the State or zone will be reclassified as 
nonmodified accredited.

Nonmodified Accredited States or Zones: Sec. 77.5

    Any nonmodified accredited States or zones will be listed in 
Sec. 77.5. In this interim rule, we are listing one zone in Michigan as 
nonmodified accredited (discussed below under the heading ``Recognition 
of Tuberculosis Status Zones in Michigan'').

Interstate Movement from Accredited-Free States and Zones: 
Sec. 77.6

    Consistent with the regulations in Sec. 77.3 in effect prior to 
this interim rule, we are providing in new Sec. 77.6 that cattle and 
bison that are not known to

[[Page 58773]]

be infected with or exposed to tuberculosis and that originate in a 
State or zone listed as accredited-free, accredited-free (suspended), 
or modified accredited may be moved interstate without restriction.

Interstate Movement from Nonmodified Accredited States and Zones: 
Sec. 77.7

    Under Sec. 77.4 of the regulations in effect prior to this interim 
rule, cattle and bison not known to be affected with or exposed to 
tuberculosis that originated in a nonmodified accredited State could be 
moved interstate only if they met one of the following conditions:
    1. The cattle and bison were certified as testing negative to an 
official tuberculin test conducted within 30 days prior to movement and 
were identified as specified in the regulations;
    2. The cattle and bison were certified as coming from an accredited 
herd; or
    3. The cattle and bison were moved directly to a qualifying 
slaughtering establishment.
    In Sec. 77.7 of this interim rule, we are retaining the second two 
conditions regarding movement from an accredited herd and movement to 
slaughter. However, we are revising and clarifying the condition 
regarding the testing of animals intended for movement and are making 
testing requirements dependent on the type of animal involved, as 
discussed below, in order to help prevent the spread of tuberculosis 
and to further the progress of the tuberculosis eradication program.
    As set forth in this interim rule, if the cattle or bison to be 
moved interstate from a nonmodified accredited State or zone are 
breeding animals that are not from an accredited herd, they will need 
to be individually identified and be accompanied by a certificate 
stating that they have been classified negative to two official 
tuberculin tests conducted at least 60 days apart and no more than 6 
months apart, with the second test conducted within 30 days prior to 
the date of movement. Until now, such animals had to be tested only 
once within 30 days prior to the date of movement. However, we consider 
one test to be insufficient because of the combination of the high or 
unknown risk of tuberculosis in a nonmodified accredited State or zone 
and the possibility that an animal that tested negative to one 
tuberculosis test may have been incubating the disease agent at the 
time of testing and could develop clinical signs of the disease 
following the first test.
    Under this interim rule, if the cattle or bison are steers or 
spayed heifers, or are officially identified sexually intact heifers 
moved to an approved feedlot, they must be accompanied by a certificate 
stating they have been classified negative to an official tuberculin 
test that was conducted within 30 days prior to the date of movement. 
Because of the high or unknown risk of the presence of tuberculosis in 
a nonmodified accredited State or zone, we consider it necessary that 
such animals test negative to an official tuberculin test before they 
are moved interstate so that if they are later found to be infected 
with the disease, they can be traced back to the source herd. However, 
we consider one negative test to be sufficient for animals moved 
through slaughter channels, which reduces the risk of disease spread.
    Although our statutory authority is generally limited to interstate 
movement, one of the conditions for APHIS recognition of zones within a 
State is that the State has adopted and is enforcing regulations that 
impose restrictions on the intrastate movement of cattle and bison that 
are substantially the same as those in the regulations for the 
interstate movement of cattle and bison. Therefore, for a State to 
achieve and retain APHIS recognition of zones, it will need to impose 
requirements on intrastate movement from any nonmodified zone that are 
substantially the same as the testing requirements described above. We 
consider such requirements within a State necessary to control any 
outbreaks of tuberculosis.
    In Sec. 77.1, we define approved feedlot as a confined area 
approved jointly by the State animal health official and the 
Administrator for feeding cattle and bison for slaughter, with no 
provisions for pasturing or grazing. We define State animal health 
official as the State official responsible for livestock and poultry 
disease control and eradication programs.
    In the condition for movement described above, we refer to heifers 
that are ``officially identified.'' In the definitions in Sec. 77.1, we 
define officially identified to mean identified by means of an official 
eartag, individual tattoo, or individual hot brand. We define official 
eartag to mean an eartag approved by the Administrator as providing 
unique identification for each individual animal by conforming to the 
alpha-numeric National Uniform Eartagging System.

Movement of Captive Cervids

    The regulations in subpart A of part 77 with regard to tuberculosis 
apply to cattle and bison. The regulations in subpart B of part 77 
apply to captive cervids. As noted above, under Sec. 77.2(b) of this 
interim rule, one of the conditions for a State to be eligible for 
APHIS recognition of zones is that it imposes restrictions on the 
intrastate movement of cattle and bison that are substantially the same 
as those in the regulations for the interstate movement of cattle and 
bison. However, as evidenced by the regulations regarding captive 
cervids in part 77, subpart B, in addition to cattle and bison, captive 
cervids infected with tuberculosis also pose a significant risk of 
transmitting tuberculosis to other livestock. Therefore, in 
Sec. 77.2(b) of this interim rule, we provide that, as a condition for 
APHIS recognition of zones, a State must also impose intrastate 
restrictions on the movement of captive cervids that are substantially 
the same as those in place in part 77, subpart B, for the interstate 
movement of captive cervids.

Classes or Species of Greater Risk

    Although at this time we are applying the provisions of this 
interim rule in the same way to all cattle and bison, it is possible 
the Administrator will in the future determine that a specific breed or 
usage type of cattle or bison poses a significantly greater risk of 
being a reservoir of tuberculosis than other cattle or bison. For 
instance, regulations in 9 CFR 93.427(c)(5) prohibit the importation of 
Holstein steers and Holstein spayed heifers from Mexico. This is 
because APHIS determined that such dairy cattle pose a greater risk 
than other cattle of being infected with tuberculosis. In any case 
where a particular breed or usage type of cattle or bison presents a 
greater tuberculosis risk than other cattle or bison, it may be 
necessary to establish requirements for interstate movement for that 
breed or usage type that are more restrictive than those for other 
cattle and bison, or it may be necessary to prohibit interstate 
movement altogether. If such restrictions are necessary, we will 
publish a rulemaking document to that effect in the Federal Register.

Application for Recognition of Tuberculosis Status Zones

    In Sec. 77.8(a) of this interim rule, we set forth conditions a 
State must meet to receive APHIS recognition of an area in the State as 
a separate zone for tuberculosis status. Unless requested otherwise by 
a State, we will continue to designate entire States with regard to 
tuberculosis status. However, we provide that a State animal health 
official may request at any time that the Administrator designate part 
of the State as having a different tuberculosis status than the rest of 
the State, with the

[[Page 58774]]

limitation that each State may be divided into no more than two 
different zones (i.e., one area that differs in status from the rest of 
the State).
    Under the procedures in this interim rule for requesting 
recognition of a zone, the State will be responsible for delineating 
the boundaries of the requested zone, subject to approval by the 
Administrator. As defined in Sec. 77.1, a zone is a defined geographic 
land area identifiable by geological, political, manmade, or surveyed 
boundaries, with mechanisms of disease spread, epidemiological 
characteristics, and the ability to control the movement of animals 
across the boundaries of the zone taken into account.
    To qualify for APHIS recognition of a zone, the State must 
demonstrate in its request that it has in place an infrastructure, 
laws, and regulations that require and ensure that State and Federal 
animal health authorities are notified of tuberculosis cases in 
domestic livestock or outbreaks in wildlife. Additionally, the State in 
which the zone is located must have the legal and financial resources 
to implement and enforce a tuberculosis eradication program.
    Further, the State must maintain clinical and epidemiological 
surveillance of animal species at risk of tuberculosis in each zone in 
the State, at a rate that allows detection of tuberculosis in the 
overall population of livestock at a 2 percent prevalence rate with 95 
percent confidence. Because 2 percent is the average prevalence in a 
herd that contains animals infected with tuberculosis, being able to 
detect such prevalence with 95 percent certainty gives adequate 
assurance that herds in which tuberculosis is present will be 
identified. The designated tuberculosis epidemiologist must review 
reports of all testing for each zone within the State within 30 days of 
the testing. (In the definitions in Sec. 77.1, we define designated 
tuberculosis epidemiologist to mean ``a State or Federal epidemiologist 
designated by the Administrator to make decisions concerning the use 
and interpretation of diagnostic tests for tuberculosis and the 
management of tuberculosis affected herds.'')
    In Sec. 77.8(a)(3) of this interim rule, we provide that a State 
seeking APHIS recognition of a zone with regard to tuberculosis must 
enter into a memorandum of understanding with APHIS in which the State 
agrees to adhere to any conditions for zone recognition particular to 
that request. Such a memorandum of understanding is necessary to 
address epidemiological circumstances that apply to that particular 
State. For instance, in a State in which free-ranging wildlife may be a 
reservoir of tuberculosis, it may be necessary to conduct baseline 
surveillance among such wildlife; whereas in a State with less of a 
risk of tuberculosis in wildlife, such surveillance may not be 
necessary.

Retention of Recognition of Tuberculosis Status Zones

    In Sec. 77.8(b) we provide that designation of zones within a State 
will be subject to annual review by the Administrator and that, in 
order to retain APHIS recognition of a zone, a State must continue to 
meet the requirements for achieving recognition of the zone and must 
retain for 2 years all certificates that are required by the 
regulations for the movement of cattle, bison, and captive cervids.

Recognition of Tuberculosis Status Zones in Michigan

    The conditions for obtaining APHIS recognition of a tuberculosis 
status zone within a State are discussed above. In this interim rule, 
we are recognizing such zones in Michigan. Michigan has demonstrated to 
APHIS that it has the resources to enforce a tuberculosis eradication 
program and to ensure that diagnoses of tuberculosis are reported to 
State and Federal authorities. Additionally, Michigan has demonstrated 
it is capable of maintaining surveillance that allows detection of 
tuberculosis in the overall population of livestock at a 2 percent 
prevalence rate with 95 percent confidence. Michigan will enter into a 
memorandum of understanding with APHIS regarding any conditions for 
zone recognition particular to that State's circumstances.
    Michigan: In Michigan, the smaller of two zones in the State is 
bounded as follows: Starting at the juncture of State Route 55 and 
Interstate 75, head northwest and north along Interstate 75 to the 
Straits of Mackinac, then southeast and south along the shoreline of 
Michigan to the eastern terminus of State Route 55, then west along 
State Route 55 to Interstate 75. The second zone in Michigan is 
comprised of the rest of the State.
    State animal health officials in Michigan have demonstrated to 
APHIS that, except for the smaller zone, the State meets the criteria 
for accredited-free status set forth in the definition of accredited 
free in this interim rule. Except for the smaller zone, Michigan has 
zero percent prevalence of affected cattle or bison herds and has had 
no findings of tuberculosis in any cattle or bison for the past 5 
years. Additionally, the State complies with the provisions of the UMR. 
Because the smaller zone in Michigan does not meet the requirements for 
either accredited-free or modified accredited, it is being listed as 
nonmodified accredited.

UMR

    Among the definitions in Sec. 77.1 is a definition of Uniform 
Methods and Rules--Bovine Tuberculosis Eradication. The edition of the 
UMR referred to in that definition was approved by APHIS on February 3, 
1989, and was approved for incorporation by reference into the Code of 
Federal Regulations (CFR) by the Director of the Federal Register. On 
January 22, 1999, an updated edition of the UMR was approved by APHIS. 
Among other provisions, the updated edition includes changes to the 
tuberculosis eradication program discussed in this interim rule with 
regard to split-State tuberculosis status. This interim rule revises 
the definition of Uniform Methods and Rules--Bovine Tuberculosis 
Eradication to reflect the incorporation by reference of the January 
22, 1999, edition of the UMR.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. We 
believe that failure to provide the option for ``split-State status'' 
would hinder the progress of the tuberculosis eradication program in 
this country and increase the likelihood of the spread of the disease. 
Under the regulations prior to this interim rule, if tuberculosis was 
determined to exist in any part of a State, the entire State was 
designated as being at risk. This ``all or nothing'' approach did not 
always provide sufficient incentive for a State to stringently restrict 
movement of tuberculosis-susceptible animals from high-risk areas 
within the State and to otherwise rapidly contain the disease and move 
toward eradication. Failure to rapidly identify and address high-risk 
areas has significantly increased the risk of tuberculosis spread among 
livestock.
    In this interim rule, we establish requirements for achieving APHIS 
recognition of zones within a State for the purpose of tuberculosis 
status. Providing for zones will allow APHIS to recognize areas of 
distinct tuberculosis risk levels within a State. This will encourage 
States to rapidly isolate affected areas from the rest of the State and 
to implement effective containment and eradication measures, thereby 
decreasing tuberculosis risk in the State.

[[Page 58775]]

    The regulations until now defined a modified accredited State as 
one that complies with all of the provisions of the UMR regarding 
modified accredited States. Under the regulations prior to this interim 
rule, it was not always clear what standards a State needed to meet to 
achieve modified accredited status. With the establishment of zones 
under this interim rule, it is essential to the prevention of 
tuberculosis spread in States that this lack of clarity be rectified so 
that States are clear regarding the standards for achieving status and, 
consequently, regarding the restrictions they must impose on the 
movement of livestock from zones that do not qualify for modified 
accredited or accredited-free status.
    As set forth in this interim rule, if cattle or bison to be moved 
interstate from a nonmodified accredited State or zone are breeding 
animals that are not from an accredited herd, they will need to be 
accompanied by a certificate stating that they have been classified 
negative to two official tuberculin tests. Based on our experience 
enforcing the regulations, we have determined that requiring less than 
two negative tests before such potentially high-risk animals may be 
moved interstate creates an unacceptable risk that the animals will 
transmit tuberculosis to other livestock, due to the possibility that 
an animal that tests negative to one test could be incubating the 
tuberculosis disease agent at the time of that first test.
    Under this interim rule, if the cattle or bison to be moved from a 
nonmodified accredited State or zone are steers or spayed heifers or 
are officially identified sexually intact heifers moved to an approved 
feedlot, they must be accompanied by a certificate stating they have 
been classified negative to an official tuberculin test that was 
conducted within 30 days prior to the date of movement. Because of the 
high or unknown risk of the presence of tuberculosis in a nonmodified 
accredited State or zone, we consider it necessary that such animals 
test negative to an official tuberculin test before they are moved 
interstate so that if they are found to be infected with the disease, 
they can be traced back to the source herd. Inclusion of this 
requirement in the interstate regulations will ensure that States 
seeking recognition of zones impose like requirements on intrastate 
movement of livestock and thus more rapidly control any outbreaks of 
tuberculosis within the State.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make this 
action effective less than 30 days after publication in the Federal 
Register. We will consider comments that are received within 60 days of 
publication of this rule in the Federal Register. After the comment 
period closes, we will publish another document in the Federal 
Register. The document will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. This 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.
    Statutory authorities including 21 U.S.C. 111, 114, 114a, and 120 
authorize the Secretary of Agriculture to conduct programs and 
promulgate regulations to prevent the dissemination of any contagious, 
infectious, or communicable disease of animals from one State to 
another.
    In this interim rule, we are allowing for APHIS recognition of 
zones within a State that have different risk statuses for 
tuberculosis, are clarifying the conditions for assigning a particular 
risk status, and are increasing the amount of testing that must be done 
before certain cattle and bison may be moved interstate.
    In considering this rulemaking, we considered three options. The 
first was to retain the regulations already in place and make no 
changes. We did not consider this an acceptable option because it would 
have had the effect of increasing the risk of the interstate 
transmission of tuberculosis, while at the same time retaining 
unnecessarily stringent disease status designations for parts of some 
States. A second option would have been to expand the number of 
possible tuberculosis status levels for States and zones to more 
precisely reflect the potential gradations of eradication efforts and 
disease risk among different areas. We believe this option is one that 
should be pursued, and we are in the process of developing rulemaking 
that would propose such changes to the regulations. However, because we 
believe such substantive changes to the tuberculosis eradication 
program should be presented to the public for comment before being 
implemented, we did not include such extensive changes in this interim 
rule. The option we chose was to implement the provisions of this 
interim rule that establish criteria for our recognition of two zones 
within a State for tuberculosis status and to address immediately those 
provisions of the regulations that, because of lack of clarity or 
insufficient safeguards, unacceptably increased the risk of the spread 
of tuberculosis among livestock in this country.
    Below is an analysis of the potential effects of this rule on small 
entities as required by the Regulatory Flexibility Act. We do not have 
enough data for a comprehensive analysis of the economic effects of 
this rule on small entities. Therefore, in accordance with 5 U.S.C. 
603, we have performed an initial regulatory flexibility analysis for 
this rule. We are inviting comments about this rule as it relates to 
small entities. In particular, we are interested in determining the 
number and kind of small entities that may incur benefits or costs from 
implementation of this rule and the economic effects of those benefits 
or costs.

Economic Analysis

    In 1998, the total number of cattle and bison in the United States 
was approximately 99.5 million, valued at approximately $58.6 billion. 
There were 1,115,650 U.S. operations with cattle and bison. Over 99 
percent of these operations had gross cash value of less than $500,000. 
These holdings vary in size and degree of commercialization, with many 
producers relying on other sources of income.
    The cattle industry plays a very significant role in international 
trade. In 1998, the total earnings from exports of live cattle, beef, 
and veal was approximately $2.6 billion. The competitiveness of the 
United States in international markets depends to a great degree upon 
its reputation for producing high quality animals, a reputation that 
would be enhanced if bovine tuberculosis were permanently eradicated. 
The actual product, as well as the purchasers' perception of the 
quality of the product, contribute to continued world market 
acceptance. Thus, efforts to maintain an effective tuberculosis 
program, to clarify the regulations, and to secure the health of the 
cattle industry will continue to serve the best economic interests of 
the Nation.
    Under the regulations, each State is designated as having one of 
the following tuberculosis statuses: Accredited-free, accredited-free 
(suspended), modified accredited, and nonmodified accredited. Prior to 
this rule, there were 48 accredited-free States (including Puerto Rico 
and the

[[Page 58776]]

Virgin Islands of the United States), 2 States that were modified 
accredited States, and one State that was accredited-free (suspended). 
There were no nonmodified accredited States.
    We are changing the testing requirements for moving breeding 
animals interstate from a nonmodified accredited State or zone. Under 
this interim rule, breeding animals from a nonmodified accredited State 
or zone require a certificate stating that the animals tested negative 
twice to an official tuberculin test. This represents one more test 
than has been required and, therefore, will result in additional cost 
for owners moving breeding animals from a nonmodified accredited State 
or zone. The average cost of the test is about $380 per herd. The per 
animal cost varies depending on the size of the herd. For an average-
sized herd of 90 animals, the average cost per animal would be 
approximately $4.22. The total cost for testing will depend on the 
number of animals that are being moved interstate.
    Prior to this interim rule, there were no States or zones 
designated as nonmodified accredited. In this interim rule, we are 
listing a small portion of Michigan as being a nonmodified accredited 
zone. This zone includes approximately 100 herds of cattle and bison. 
Breeding animals from this zone will have to test negative twice to an 
official tuberculin test prior to interstate movement. However, we do 
not anticipate this testing will impose a significant burden on 
entities in that zone because very few animals are moved from that area 
of Michigan.
    The provisions of this interim rule establishing mechanisms for 
defining ``zones'' within a State with regard to tuberculosis will 
benefit the United States at minimal or no cost because they will allow 
quicker response to tuberculosis outbreaks and will establish a way to 
manage the disease in regional zones, rather than penalize entire 
States. It is expected that enhanced international trade will result 
from establishing a regionalized approach to tuberculosis in the United 
States.
    Prior to this interim rule, the accredited-free (suspended) State 
was Michigan. As of result of this rule, Michigan will assume a split 
status, with a small section of Michigan being assigned nonmodified 
accredited status, and the remainder of Michigan being assigned 
accredited-free status. We expect that the assignment of accredited-
free status to most of the area of Michigan will have a positive 
economic effect on the State. Many States impose movement restrictions 
on livestock from States that are not accredited-free. Under this rule, 
of 15,000 cattle herds in Michigan, only 100 herds will be located in a 
nonmodified accredited zone. All other herds will be located in an 
accredited-free zone.
    The changes to the regulations in this interim rule will result in 
new information collection or recordkeeping requirements, as described 
below under the heading ``Paperwork Reduction Act.''

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 interim rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are in conflict with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
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 information collection or 
recordkeeping requirements included in this interim rule have received 
emergency approval from the Office of Management and Budget (OMB). OMB 
has assigned control number 0579-0146 to the information collection and 
recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Docket No. 99-008-1, Regulatory Analysis and 
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room 
404-W, 14th Street and Independence Avenue SW., Washington, DC 20250. 
Please state that your comments refer to Docket No. 99-008-1 and send 
your comments within 60 days of publication of this rule.
    This interim rule amends the bovine tuberculosis regulations to 
allow zones within a State to be assigned different risk statuses and 
to clarify the conditions for assigning a particular risk status for 
bovine tuberculosis. Additionally, it amends the regulations to 
increase the amount of testing that must be done before certain cattle 
and bison may be moved interstate.
    In order to apply for APHIS designation of zones within a State, a 
State animal health official submits a request to the APHIS 
Administrator demonstrating that the State complies with the criteria 
for recognition of a zone. Additionally, the State must enter into a 
memorandum of understanding with APHIS in which the State agrees to 
adhere to any conditions for zone recognition particular to that 
request. To retain recognition of zones, the State must retain for 2 
years a certificate that documents the movement of cattle, bison, and 
captive cervids into and out of the zones.
    In accordance with this interim rule, if tuberculosis is diagnosed 
within an accredited-free State or zone or a modified accredited State 
or zone and a risk assessment conducted by APHIS determines that the 
outbreak poses a tuberculosis risk to livestock within the State or 
zone, the State or zone must adopt a tuberculosis management plan, 
approved jointly by the State animal health official and the APHIS 
Administrator.
    We are soliciting comments from the public concerning our 
information collection and recordkeeping requirements. These comments 
will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average .575 hours per response.
    Respondents: State animal health authorities, including State 
veterinarians and designated State tuberculosis epidemiologists.
    Estimated annual number of respondents: 56.
    Estimated annual number of responses per respondent: 3.785.

[[Page 58777]]

    Estimated annual number of responses: 212.
    Estimated total annual burden on respondents: 122 hours.
    Copies of this information collection can be obtained from: 
Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence 
Avenue, SW., Washington, DC 20250.

List of Subjects in 9 CFR Part 77

    Animal diseases, Bison, Cattle, Incorporation by reference, 
Reporting and recordkeeping requirements, Transportation, Tuberculosis.
    Accordingly, we are amending 9 CFR part 77 as follows:

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).

    2. Section 77.1 is amended as follows:
    a. The following definitions are revised to read as set forth 
below: Accredited herd, Negative cattle and bison, Official tuberculin 
test, Reactor cattle and bison, Suspect cattle and bison, and Uniform 
Methods and Rules--Bovine Tuberculosis Eradication.
    b. The following definitions are removed: Accredited-free state, 
Accredited-free (suspended) State, Modified accredited State, and 
Nonmodified accredited state.
    c. The following definitions are added in alphabetical order to 
read as set forth below: Accredited-free State or zone, Accredited-free 
(suspended) State or zone, Approved feedlot, Designated tuberculosis 
epidemiologist, Modified accredited State or zone, Nonmodified 
accredited State or Zone, Official eartag, Officially identified, State 
animal health official, Zero percent prevalence, and Zone.


Sec. 77.1  Definitions.

* * * * *
    Accredited-free State or zone. A State or zone that has zero 
percent prevalence of affected cattle and bison herds, that has had no 
findings of tuberculosis in any cattle or bison in the State or zone 
for the previous 5 years, and that complies with the provisions of the 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication,'' except 
that the requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last infected herd in States or zones that were 
previously accredited-free and in which all herds affected with 
tuberculosis were depopulated.
    Accredited-free (suspended) State or zone. A State or zone with the 
status of an accredited-free State is designated as accredited-free 
(suspended) if tuberculosis is detected in any cattle or bison in the 
State or zone.
    Accredited herd. To establish or maintain accredited herd status, 
the herd owner must comply with all of the provisions of the ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication'' regarding 
accredited herds. All cattle and bison in a herd must be free from 
tuberculosis.
* * * * *
    Approved feedlot. A confined area approved jointly by the State 
animal health official and the Administrator for feeding cattle and 
bison for slaughter, with no provisions for pasturing or grazing.
* * * * *
    Designated tuberculosis epidemiologist. A State or Federal 
epidemiologist designated by the Administrator to make decisions 
concerning the use and interpretation of diagnostic tests for 
tuberculosis and the management of tuberculosis affected herds.
* * * * *
    Modified accredited State or zone. A State or zone that complies 
with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication'' and in which tuberculosis has been prevalent 
in less than 0.01 percent of the total number of herds of cattle and 
bison in the State or zone for the most recent 2 years, except that the 
Administrator, upon his or her review, may allow a State or zone with 
fewer than 30,000 herds to have up to 3 affected herds for each of the 
most recent 2 years, depending on the veterinary infrastructure, 
livestock demographics, and tuberculosis control and eradication 
measures in the State or zone.
* * * * *
    Negative cattle and bison. Cattle and bison that are classified 
negative for tuberculosis in accordance with the ``Uniform Methods and 
Rules--Bovine Tuberculosis Eradication,'' based on the results of an 
official tuberculin test.
    Nonmodified accredited State or zone. A State or zone that has not 
received accredited-free State or zone status or modified accredited 
State or zone status.
    Official eartag. An eartag approved by the Administrator as 
providing unique identification for each individual animal by 
conforming to the alpha-numeric National Uniform Eartagging System.
* * * * *
    Official tuberculin test. Any test for tuberculosis conducted on 
cattle or bison in accordance with the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication.''
    Officially identified. Identified by means of official eartag, 
individual tattoo, or individual hot brand.
* * * * *
    Reactor cattle and bison. Cattle and bison that are classified as 
reactors for tuberculosis in accordance with the ``Uniform Methods and 
Rules--Bovine Tuberculosis Eradication.''
* * * * *
    State animal health official. The State official responsible for 
livestock and poultry disease control and eradication programs.
* * * * *
    Suspect cattle and bison. Cattle and bison that are classified as 
suspects for tuberculosis in accordance with the ``Uniform Methods and 
Rules--Bovine Tuberculosis Eradication.''
* * * * *
    Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform 
methods and rules for eradicating bovine tuberculosis in the United 
States approved by APHIS on January 22, 1999. The Uniform Methods and 
Rules--Bovine Tuberculosis Eradication, January 22, 1999, edition was 
approved for incorporation by reference into the Code of Federal 
Regulations by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.1
---------------------------------------------------------------------------

    \1\ Copies may be obtained from the National Animal Health 
Programs, Veterinary Services, APHIS, 4700 River Road Unit 43, 
Riverdale, Maryland 20737-1231. You may inspect a copy at the APHIS 
reading room, room 1141, USDA South Building, 14th Street and 
Independence Avenue, SW., Washington, DC, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC.
---------------------------------------------------------------------------

    Zero percent prevalence. No finding of tuberculosis in any cattle 
or bison herd in a State or zone.
    Zone. A defined geographic land area identifiable by geological, 
political, manmade, or surveyed boundaries, with mechanisms of disease 
spread, epidemiological characteristics, and the ability to control the 
movement of animals across the boundaries of the zone taken into 
account.
    3. Section 77.2 is revised to read as follows:


Sec. 77.2  Bovine tuberculosis status of States and zones.

    The Administrator shall designate each State in accordance with 
this subpart according to its tuberculosis status. A defined zone 
comprised of a portion of an entire State will be given

[[Page 58778]]

a particular status designation upon request of the State only if the 
Administrator determines that:
    (a) The State meets the requirements of this subpart for 
establishment of disease status zones;
    (b) The State has adopted and is enforcing regulations that impose 
restrictions on the intrastate movement of cattle and bison that are 
substantially the same as those in place under this subpart for the 
interstate movement of cattle and bison, and has adopted and is 
enforcing regulations that impose restrictions on the intrastate 
movement of captive cervids that are substantially the same as those in 
place under subpart B of this part for the interstate movement of 
captive cervids; and
    (c) The designation of part of a State as a zone will otherwise be 
adequate to prevent the interstate spread of tuberculosis.
    4. Section 77.3 is revised to read as follows:


Sec. 77.3  Accredited-free States or zones.

    (a) The following are accredited-free States: Alabama, Alaska, 
Arizona, Arkansas, California, Colorado, Connecticut, Delaware, 
Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, 
Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New 
Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 
Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, 
Tennessee, Utah, Vermont, Virginia, the Virgin Islands of the United 
States, Washington, West Virginia, Wisconsin, and Wyoming.
    (b) The following are accredited-free zones: A zone in Michigan 
consisting of that part of the State outside the zone in Michigan 
described in Sec. 77.5(b).
    (c) Detection of tuberculosis in any one herd of cattle or bison in 
an accredited-free State or zone will result in suspension of 
accredited-free State or zone status. If two or more accredited herds 
are detected in an accredited-free State or zone within a 48-month 
period, the State or zone will be removed from the list of accredited-
free States or zones and will be reclassified as either a modified 
accredited State or zone or a nonmodified accredited State or zone.
    (d) If the accredited-free status of a State or zone has been 
suspended, the State or zone may qualify for redesignation of 
accredited-free status after the herd in which tuberculosis is detected 
has been quarantined, an epidemiological investigation has confirmed 
that the disease has not spread from the herd, and all reactor cattle 
and bison have been destroyed. If any livestock other than cattle or 
bison are included in a newly assembled herd on a premises where a 
tuberculous herd has been depopulated, the State or zone must apply the 
herd test requirements contained in the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication'' January 22, 1999, edition, which was 
approved for incorporation by reference into the Code of Federal 
Regulations by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51,2 for such newly assembled 
herds to those other livestock in the same manner as to cattle and 
bison. Failure to do so will result in reclassification of the State or 
zone as either a modified accredited State or zone or a nonmodified 
accredited State or zone.
---------------------------------------------------------------------------

    \2\ Copies may be obtained from the National Animal Health 
Programs, Veterinary Services, APHIS, 4700 River Road Unit 43, 
Riverdale, Maryland 20737-1231. You may inspect a copy at the APHIS 
reading room, room 1141, USDA South Building, 14th Street and 
Independence Ave., SW., Washington, DC, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC.
---------------------------------------------------------------------------

    (e) If tuberculosis is diagnosed within an accredited-free State or 
zone in an animal not specifically regulated by this part and a risk 
assessment conducted by APHIS determines that the outbreak poses a 
tuberculosis risk to livestock within the State or zone, the State or 
zone must adopt a tuberculosis management plan, approved jointly by the 
State animal health official and the Administrator, within 6 months of 
the diagnosis. The management plan must include provisions for 
immediate investigation of tuberculosis in livestock and wildlife, the 
prevention of the spread of the disease to other wildlife and 
livestock, increased surveillance of tuberculosis in wildlife, 
eradication of tuberculosis from individual herds, a timeline for 
tuberculosis eradication, and performance standards by which to measure 
yearly progress toward eradication. If a State or zone does not adopt 
such a plan within the required 6 months, the State or zone will lose 
its accredited-free status and will be reclassified as either a 
modified accredited State or zone or a nonmodified accredited State or 
zone.
    (f) Accredited-free State or zone status must be renewed annually. 
To qualify for renewal of accredited-free State or zone status, a State 
must submit an annual report to APHIS certifying that the State or zone 
within the State complies with all the provisions of the ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication'' regarding 
accredited-free States. The report must be submitted to APHIS each year 
between October 1 and November 30.
    5. Section 77.4 is revised to read as follows:


Sec. 77.4  Modified accredited States or zones.

    (a) The following are modified accredited States: New Mexico and 
Texas.
    (b) The following are modified accredited zones: None.
    (c) If tuberculosis is diagnosed within a modified accredited State 
or zone in an animal not specifically regulated by this part and a risk 
assessment conducted by APHIS determines that the outbreak poses a 
tuberculosis risk to livestock within the State or zone, the State or 
zone must adopt a tuberculosis management plan, approved jointly by the 
State animal health official and the Administrator, within 6 months of 
the diagnosis. The management plan must include provisions for 
immediate investigation of tuberculosis in livestock and wildlife, the 
prevention of the spread of the disease to other wildlife and 
livestock, increased surveillance of tuberculosis in wildlife, 
eradication of tuberculosis from individual herds, a timeline for 
tuberculosis eradication, and performance standards by which to measure 
yearly progress toward eradication. If a State or zone does not adopt 
such a plan within the required 6 months, the State or zone will be 
reclassified as nonmodified accredited.
    (d) If any livestock other than cattle or bison are included in a 
newly assembled herd on a premises where a tuberculous herd has been 
depopulated, the State or zone must apply the herd test requirements 
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication, January 22, 1999 edition,'' which was approved for 
incorporation by reference into the Code of Federal Regulations by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51,3 for such newly assembled herds to those 
other livestock in the same manner as to cattle and bison. Failure to 
do so will result in the removal of the State or zone from the list of 
modified accredited States or zones and its being reclassified as a 
nonmodified accredited State or zone.
---------------------------------------------------------------------------

    \3\ Copies may be obtained from the National Animal Health 
Programs, Veterinary Services, APHIS, 4700 River Road Unit 43, 
Riverdale, Maryland 20737-1231. You may inspect a copy at the APHIS 
reading room, room 1141, USDA South Building, 14th Street and 
Independence Ave., SW., Washington, DC, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC.
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    (e) Modified accredited State or zone status must be renewed 
annually. To qualify for renewal of a modified

[[Page 58779]]

accredited State or zone status, a State must submit an annual report 
to APHIS certifying that the State or zone complies with all the 
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' regarding modified accredited States. The report must be 
submitted to APHIS each year between October 1 and November 30.
    (f) To qualify for accredited-free status, a modified accredited 
State or zone must demonstrate to the Administrator that it has zero 
percent prevalence of affected cattle and bison herds, has had no 
findings of tuberculosis in any cattle or bison in the State or zone 
for the previous 5 years, and complies with the provisions of the 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication,'' except 
that the requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last infected herd in States or zones that were 
previously accredited-free and in which all herds affected with 
tuberculosis were depopulated.


Secs. 77.10 and 77.14  [Amended]

    6. Section 77.10 is amended by redesignating footnote 3 as footnote 
5, and Sec. 77.14 is amended by redesignating footnote 4 as footnote 6.


Secs. 77.5-77.18  [Redesignated Secs. 77.9-77.22]

    7. Sections 77.5, 77.6, 77.7, 77.8, 77.9, 77.10, 77.11, 77.12, 
77.13, 77.14, 77.15, 77.16, 77.17, and 77.18 are redesignated as 
Secs. 77.9, 77.10, 77.11, 77.12, 77.13, 77.14, 77.15, 77.16, 77.17, 
77.18, 77.19, 77.20, 77.21, and 77.22, respectively, and new 
Secs. 77.5, 77.6, 77.7, and 77.8 are added to read as follows:


Sec. 77.5  Nonmodified accredited States or zones.

    (a) The following are nonmodified accredited States: None.
    (b) The following are nonmodified accredited zones: A zone in 
Michigan delineated by starting at the juncture of State Route 55 and 
Interstate 75, then heading northwest and north along Interstate 75 to 
the Straits of Mackinac, then southeast and south along the shoreline 
of Michigan to the eastern terminus of State Route 55, then west along 
State Route 55 to Interstate 75.
    (c) To qualify for accredited-free status, a nonmodified accredited 
State or zone must demonstrate to the Administrator that it has zero 
percent prevalence of affected cattle and bison herds, has had no 
findings of tuberculosis in any cattle or bison in the State or zone 
for the previous 5 years, and complies with the provisions of the 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication, January 
22, 1999 edition,'' which was incorporated by reference into the Code 
of Federal Regulations by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51,4 except 
that the requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last infected herd in States or zones that were 
previously accredited-free and in which all herds affected with 
tuberculosis were depopulated.
---------------------------------------------------------------------------

    \4\ Copies may be obtained from the National Animal Health 
Programs, Veterinary Services, APHIS, 4700 River Road Unit 43, 
Riverdale, Maryland 20737-1231. You may inspect a copy at the APHIS 
reading room, room 1141, USDA South Building, 14th Street and 
Independence Ave., SW., Washington, DC, or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC.
---------------------------------------------------------------------------

    (d) To qualify for modified accredited status, a nonmodified 
accredited State or zone must demonstrate that it complies with the 
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication,'' and that tuberculosis has been prevalent in less than 
0.01 percent of the total number of herds of cattle and bison in the 
State or zone for the most recent 2 years, except that the 
Administrator, upon his or her review, may allow a State or zone with 
fewer than 30,000 herds to have up to 3 affected herds for each of the 
most recent 2 years, depending on the veterinary infrastructure, 
livestock demographics, and tuberculosis control and eradication 
measures in the State or zone.


Sec. 77.6  Interstate movement from accredited-free, accredited-free 
(suspended), and modified accredited States and zones.

    Cattle and bison that originate in an accredited-free State or 
zone, an accredited-free (suspended) State or zone, or a modified 
accredited State or zone and that are not known to be infected with or 
exposed to tuberculosis may be moved interstate without restriction.


Sec. 77.7  Interstate movement from nonmodified accredited States and 
zones.

    Cattle or bison that originate in a nonmodified accredited State or 
zone, and that are not known to be infected with or exposed to 
tuberculosis, may be moved interstate only under the following 
conditions:
    (a) The cattle or bison are moved interstate directly to slaughter 
to an establishment operating under the provisions of the Federal Meat 
Inspection Act (21 U.S.C. 601 et seq.) or to a State-inspected 
slaughtering establishment that has inspection by a State inspector at 
the time of slaughter;
    (b) If the cattle or bison are steers or spayed heifers, or are 
officially identified sexually intact heifers moved to an approved 
feedlot, they must be accompanied by a certificate stating that they 
have been classified negative to an official tuberculin test that was 
conducted within 30 days prior to the date of movement. All cattle and 
bison so moved that are not individually identified by a registration 
name and number must be individually identified by an APHIS-approved 
metal eartag or tattoo;
    (c) Cattle and bison that are breeding animals from an accredited 
herd may be moved interstate if they are accompanied by a certificate 
showing the cattle or bison are from such a herd; or
    (d) If the cattle or bison are breeding animals that are not from 
an accredited herd, they must be accompanied by a certificate stating 
that they have been classified negative to two official tuberculin 
tests conducted at least 60 days apart and no more than 6 months apart, 
with the second test conducted within 30 days prior to the date of 
movement. All cattle and bison so moved that are not individually 
identified by a registration name and number must be individually 
officially identified.


Sec. 77.8  Application for and retention of recognition of tuberculosis 
status zones.

    (a) A State animal health official may request at any time that the 
Administrator designate part of a State as having a different 
tuberculosis status under this subpart than the rest of the State, 
except that each State may be divided into no more than two different 
zones. The requested zone must be delineated by the State animal health 
authorities, subject to approval by the Administrator. The request from 
the State must demonstrate that the State complies with the following 
requirements:
    (1) The State must have the legal and financial resources to 
implement and enforce a tuberculosis eradication program and must have 
in place an infrastructure, laws, and regulations that require and 
ensure that State and Federal animal health authorities are notified of 
tuberculosis cases in domestic livestock or outbreaks in wildlife;
    (2) The State in which the intended zones are located must 
maintain, in each intended zone, clinical and epidemiological 
surveillance of animal species at risk of tuberculosis, at a rate that 
allows detection of tuberculosis in

[[Page 58780]]

the overall population of livestock at a 2 percent prevalence rate with 
95 percent confidence. The designated tuberculosis epidemiologist must 
review reports of all testing for each zone within the State within 30 
days of the testing; and
    (3) The State must enter into a memorandum of understanding with 
APHIS in which the State agrees to adhere to any conditions for zone 
recognition particular to that request.
    (b) Retention of APHIS recognition of a tuberculosis status zone is 
subject to annual review by the Administrator. To retain recognition of 
a zone, a State must continue to comply with the requirements of 
paragraphs (a)(1), (a)(2), and (a)(3) of this section, and must retain 
for 2 years all certificates required under this part for the movement 
of cattle, bison, and captive cervids.


Sec. 77.12  [Amended]

    8. Newly redesignated Sec. 77.12 is amended as follows:
    a. In the definition of Accredited herd, by removing the reference 
to ``Sec. 77.10(f)'' and adding in its place a reference to 
``Sec. 77.14(f)'', and by removing the reference to ``Sec. 77.12'' and 
adding in its place a reference to ``Sec. 77.16''.
    b. In the definition of Affected herd, by removing the reference to 
``Sec. 77.16(d)'' and adding in its place a reference to 
``Sec. 77.20(d)''.
    c. In the definition of Monitored herd, by removing the reference 
to ``Sec. 77.14'' and adding in its place a reference to 
``Sec. 77.18''.
    d. In the definition of Qualified herd, by removing the reference 
to ``Sec. 77.10(f)'' and adding in its place a reference to 
``Sec. 77.14(f)''.


Sec. 77.13  [Amended]

    9. Newly redesignated Sec. 77.13 is amended as follows:
    a. In paragraph (a), by removing the reference to ``Sec. 77.12'' 
and adding in its place a reference to ``Sec. 77.16''.
    b. In paragraph (b), by removing the reference to ``Sec. 77.17'' 
and adding in its place a reference to ``Sec. 77.21''.
    c. In paragraph (c), by removing the reference to ``Sec. 77.17'' 
and adding in its place a reference to ``Sec. 77.21''.


Sec. 77.14  [Amended]

    10. Newly redesignated Sec. 77.14 is amended as follows:
    a. In paragraph (a)(1), by removing the reference to 
``Sec. 77.11(a)(2)'' and adding in its place a reference to 
``Sec. 77.15(a)(2)'', and by removing the reference to 
``Sec. 77.16(e)'' and adding in its place a reference to 
``Sec. 77.20(e)''.
    b. In paragraph (e)(1), by removing the reference to 
``Sec. 77.11(a)'' and adding in its place a reference to 
``Sec. 77.15(a)''
    c. In paragraph (e)(2), by removing the reference to 
``Sec. 77.11(b)'' and adding in its place a reference to 
``Sec. 77.15(b)''.
    d. In paragraph (e)(3), by removing the reference to 
``Sec. 77.11(c)'' and adding in its place a reference to 
``Sec. 77.15(c)''.
    e. In paragraph (f), by removing the reference to 
``Sec. 77.12(a)(1)'' and adding in its place a reference to 
``Sec. 77.16(a)(1)'', and by removing the reference to 
``Sec. 77.13(a)(1)'' and adding in its place a reference to 
``Sec. 77.17(a)(1)''.


Sec. 77.15  [Amended]

    11. In newly redesignated Sec. 77.15, paragraph (c)(2) is amended 
by removing the reference to ``Sec. 77.16(e)'' and replacing it with a 
reference to ``Sec. 77.20(e)''.


Sec. 77.16  [Amended]

    12. In newly redesignated Sec. 77.16, paragraph (a)(1) is amended 
by removing the reference to ``Sec. 77.10(f)'' and adding in its place 
a reference to ``Sec. 77.14(f)'', and paragraph (b) is amended by 
removing the reference to ``Sec. 77.9(c)'' and adding in its place a 
reference to ``Sec. 77.13(c)''.


Sec. 77.17  [Amended]

    13. In newly redesignated Sec. 77.17, paragraph (a)(1) is amended 
by removing the reference to ``Sec. 77.10(f)'' and adding in its place 
a reference to ``Sec. 77.14(f)'', and paragraph (b)(2) is amended by 
removing the reference to ``Sec. 77.9(c)'' and adding in its place a 
reference to ``Sec. 77.13(c)''.


Sec. 77.18  [Amended]

    14. In newly redesignated Sec. 77.18, paragraph (b)(2) is amended 
by removing the reference to ``Sec. 77.9(c)'' and adding in its place a 
reference to ``Sec. 77.13(c)''.


Sec. 77.20  [Amended]

    15. Newly redesignated Sec. 77.20 is amended as follows:
    a. In paragraph (a)(2), by removing the reference to 
``Sec. 77.16(b)'' and adding in its place a reference to 
``Sec. 77.20(b)''.
    b. In the introductory text to paragraph (b), by removing the 
reference to ``Sec. 77.16(e)'' and adding in its place a reference to 
``Sec. 77.20(e)''.
    c. In paragraph (b)(2), by removing the reference to ``Sec. 77.17'' 
and adding in its place a reference to ``Sec. 77.21''.
    d. In paragraph (b)(2)(i), by removing the reference to 
``Sec. 77.16(c)'' and adding in its place a reference to 
``Sec. 77.20(c)''.
    e. In paragraph (b)(2)(ii), by removing the reference to 
``Sec. 77.16(d)'' and adding in its place a reference to 
``Sec. 77.20(d)''.
    f. In paragraph (c), by removing the reference to ``Sec. 77.16(a)'' 
and adding in its place a reference to ``Sec. 77.20(a)''.
    g. In paragraph (d), by removing the reference to ``Sec. 77.15'' 
and adding in its place a reference to ``Sec. 77.19''.
    h. In paragraph (e), by removing the reference to ``Sec. 77.16(d)'' 
and adding in its place a reference to ``Sec. 77.20(d)''.
    i. In paragraph (e)(1), by removing the reference to 
``Sec. 77.16(d)'' and adding in its place a reference to 
``Sec. 77.20(d)''.
    j. In paragraph (g)(2), by removing the reference to 
``Sec. 77.16(a)'' and adding in its place a reference to 
``Sec. 77.20(a)''.


Sec. 77.21  [Amended]

    16. In newly redesignated Sec. 77.21, paragraph (a)(3) is amended 
by removing the reference to ``Sec. 77.8'' and adding in its place a 
reference to ``Sec. 77.12''.

    Done in Washington, DC, this 20th day of October 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-27746 Filed 10-29-99; 8:45 am]
BILLING CODE 3410-34-U