[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Proposed Rules]
[Pages 11912-11940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5165]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 65, No. 45 / Tuesday, March 7, 2000 / 
Proposed Rules  

[[Page 11912]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 99-038-1]


Tuberculosis in Cattle, Bison, Goats, and Captive Cervids; State 
and Zone Designations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the bovine tuberculosis requirements 
to establish several new levels of tuberculosis risk classifications to 
be applied to States and zones within States. Additionally, we are 
proposing to classify States and zones according to their tuberculosis 
risk with regard to captive cervids. We are also proposing to amend the 
regulations to specify that the regulations apply to goats as well as 
to cattle, bison, and captive cervids and to increase the amount of 
testing that must be done before certain cattle, bison, and goats may 
be moved interstate. We believe these changes are necessary to help 
prevent the spread of tuberculosis and to further the progress of the 
domestic tuberculosis eradication program.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by April 21, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
038-1, 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. 99-038-1.
    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 Methods and Rules--Bovine Tuberculosis 
Eradication'' (UMR), January 22, 1999, edition, which is incorporated 
into the regulations by reference. The regulations restrict the 
interstate movement of cattle, bison, and captive cervids to prevent 
the spread of bovine tuberculosis.

Tuberculosis Risk Level Status

    Until the Animal and Plant Health Inspection Service (APHIS) made a 
recent regulatory change to allow zones within a State to be assigned 
different risk classifications (discussed in the following paragraph), 
restrictions on the interstate movement of cattle and bison not known 
to be affected with or exposed to tuberculosis were based on whether 
the entire State was classified as either accredited-free, accredited-
free (suspended), modified accredited, or nonmodified accredited. In 
determining the tuberculosis status of a State, APHIS based its 
classification on the State's freedom from evidence of tuberculosis, 
the effectiveness of the State's tuberculosis eradication program, and 
the degree of the State's compliance with the standards contained in 
the UMR.
    In an interim rule published in the Federal Register on November 1, 
1999 ( 64 FR 58769-58780, Docket No. 99-008-1), we amended the 
regulations to allow a State to be divided into two zones for the 
purpose of assigning risk classifications with regard to tuberculosis 
in cattle and bison. As a result of this change, the conditions 
required by the regulations for the interstate movement of cattle and 
bison might be different for cattle and bison from the same State, 
depending on the tuberculosis classification of the zone each animal is 
moved from.

State and Zone Status System for Captive Cervids

    In our interim rule, we applied the provisions for allowing for 
risk zones within a State only to cattle and bison and not to captive 
cervids. This is because the regulations did not and still do not 
provide for State classifications for tuberculosis based on the 
tuberculosis status of captive cervids; nor is the tuberculosis status 
of captive cervids taken into account when determining the risk 
classification with regard to cattle and bison. The regulations in 9 
CFR part 77 are divided into subpart A for cattle and bison and subpart 
B for captive cervids and are applied independently of each other.
    While the requirements in subpart A for the interstate movement of 
cattle and bison are based largely on the risk classification of the 
State or zone the animals move from, the requirements in subpart B for 
the interstate movement of captive cervids are based on the 
tuberculosis status of individual herds of cervids, not on the State 
status. Because there was no State classification system with regard to 
captive cervids at the time our interim rule was published, there was 
no reason to allow for zones with separate risk classifications for 
captive cervids within a State.

[[Page 11913]]

    In this document, however, we are proposing to make a system of 
State and zone risk classifications applicable to captive cervids. We 
have several reasons for making such a proposal. First, although the 
current system of basing movement requirements for captive cervids on 
the status of individual herds has been effective in preventing 
tuberculosis transmission, it is a system that relies on making each 
herd owner responsible for having the necessary testing done for that 
herd. We believe that at least the same level of biosecurity can be 
attained, at reduced cost to individual owners, by linking interstate 
movement requirements to a State or zone classification that would be 
dependent on surveillance conducted by the State.
    Second, by allowing for a system of State or zone classifications 
with regard to captive cervids, we would likely accelerate the 
eradication of tuberculosis among captive cervids. The current system 
of basing interstate movement requirements on individual captive cervid 
herd status is effective in preventing the interstate spread of 
tuberculosis. However, it does not contain an incentive for owners to 
have their herds tested if they do not intend to move those cervids 
interstate. As with the current State or zone classification system for 
cattle and bison, a State or zone classification system for captive 
cervids would encourage States to aggressively conduct surveillance 
among all captive cervid herds in that State, whether or not any 
particular herd is intended for interstate movement.
    We are not, however, proposing to eliminate the option of basing 
the eligibility of captive cervids to move interstate on individual 
herd status. For example, an accredited herd may be located in a State 
or zone that is classified as modified accredited because of the 
presence of several affected herds in herd in the State or zone. If the 
accredited herd has undergone adequate surveillance under the current 
regulations to ensure that individual animals moved from that herd 
present a negligible risk of being infected with tuberculosis, we do 
not believe it is necessary to subject animals from that herd to 
movement restrictions that would otherwise apply to the entire State or 
zone. Many owners have invested significant resources in conducting the 
monitoring and surveillance required to achieve a particular herd 
status. We believe it is warranted and appropriate to allow such owners 
to continue to move their cervids under the current regulations 
governing such movement if those movement requirements would be less 
restrictive than the proposed requirements based on the risk 
classification of the State or zone in which the herd is located.
    Conversely, we believe it would be appropriate to allow captive 
cervids to move interstate under the proposed requirements based on the 
risk classification of the State or zone in which the animals are 
located if such conditions would be less restrictive than those in the 
current regulations based on individual herd status. For all State or 
zone risk classifications under this proposed rule except for 
nonaccredited, the required compliance with the UMR means that a 
sufficient number of herds of captive cervids in the State or zone must 
be tested to ensure that tuberculosis infection at a prevalence level 
of 2 percent or more will be detected with a confidence level of 95 
percent. If the State or zone achieves that level of certainty in the 
State or zone overall, we believe that an individual herd in the State 
or zone that is not known to be affected with tuberculosis can be moved 
under the interstate movement requirements established for that entire 
State or zone with negligible risk of spreading tuberculosis.
    (It should be noted that, under the provisions of the UMR, a herd 
that is known to be affected with tuberculosis that is located in a 
State or zone that otherwise presents a low tuberculosis risk is 
subject to quarantine and would not be eligible for interstate 
movement, regardless of the State or zone's risk classification.)
    Therefore, we are proposing to add language to the current captive 
cervid regulations to indicate that captive cervids may move interstate 
under the proposed movement requirements applicable to an entire State 
or zone if those requirements are less restrictive than those for 
movement based on individual herd status. This language would be added 
at Secs. 77.32(a), 77.35(b), 77.36(b), and 77.37(b) of this proposed 
rule, which include the provisions set forth in Secs. 77.9(a), 
77.12(b), 77.13(b), and 77.14(b), respectively, of the current 
regulations.

Change in Risk Classifications

    We are also proposing in this document to revamp and expand the 
categories of tuberculosis risk classifications that apply to cattle 
and bison (discussed below) and to use this new classification system 
when determining the risk classifications of States or zones with 
regard to captive cervids. However, although we would use the same type 
of tuberculosis risk classification system for both captive cervids and 
cattle and bison, the specific risk classification we would apply to a 
State or zone with regard to cattle and bison would not necessarily be 
the same as that assigned to the State or zone with regard to captive 
cervids. Although our goal by the year 2010 is to have each State or 
zone have one tuberculosis classification that applies to all regulated 
animals in the State or zone, at this time we are keeping State and 
zone classifications for cattle and bison independent of the 
classifications for captive cervids. Our rationale for keeping these 
classifications separate is explained below under the heading ``Captive 
Cervids.''

Goats

    Additionally, we are proposing to make the tuberculosis provisions 
that apply to cattle and bison also apply to goats. The current 
regulations, except for limited usage as part of the term 
``livestock,'' do not refer to goats, although the UMR does. The 
production of goats, however, is a rapidly growing industry, 
particularly with regard to dairy goats, and it has been demonstrated 
by incidences of tuberculosis among goats held for exhibition that 
goats can harbor and transmit the disease. In order to protect the goat 
industry in this country, and to protect other susceptible livestock 
from goats that might become infected with tuberculosis, we are 
including goats in this proposed rule in provisions that refer to 
cattle and bison, as appropriate. It should be noted that, although no 
cases of tuberculosis have been found to date in goats used as 
livestock in the United States, regulating the movement of goats is 
consistent with the regulations of the U.S. Food and Drug 
Administration (FDA) regarding the potential transmission of 
tuberculosis to humans through goat's milk. (See, for example, 21 CFR 
1210.13, which requires tuberculin testing of animals whose raw milk is 
intended for importation into the United States, and also the FDA 
Pasteurized Milk Ordinance, Section 7(C), which provides that goat milk 
for pasteurization must be from a herd that has passed an annual 
tuberculin herd test.)
    Each of the proposed changes noted above, and our reasons for 
proposing them, are discussed at greater length below.

Scope of this Proposed Rule

    In addition to the proposed substantive additions and revisions to 
the current regulations that we discuss in this supplementary 
information, we

[[Page 11914]]

are proposing to make nonsubstantive changes to the current regulations 
to make them easier to read. The primary nonsubstantive change we are 
proposing is the reformatting of the regulations, discussed below under 
the heading ``Reformatting of Part 77.''
    In order to make it easier to follow our proposed reformatting 
changes, we set out all of part 77 in this proposal, including those 
provisions of the current regulations to which we are proposing no 
amendments, except to change section designations. Because we are 
proposing no changes to large parts of the current regulations, we are 
not soliciting public comment on those unchanged provisions. In certain 
other sections, we are proposing very limited changes, and are 
soliciting public comment only on the limited portion of the section 
that would be amended.
    The regulatory sections addressing captive cervids that are set out 
in this proposed rule only for readability with no substantive changes, 
or with very limited changes, are Secs. 77.9 through 77.18 of the 
current regulations (designated as proposed Secs. 77.32 through 77.41). 
The several places we are proposing limited changes to those sections 
are identified and discussed in this supplementary information, below. 
With regard to cattle and bison, we are proposing no substantive 
changes to Secs. 77.5 through 77.7 of the current regulations 
(designated as proposed Secs. 77.17 through 77.19) except to apply 
those provisions to goats as well as to cattle and bison where 
applicable.

Reformatting of Part 77

    As noted above, under this proposed rule, the provisions for 
tuberculosis risk classification and for recognition of zones within a 
State would be expanded to apply to captive cervids and goats as well 
as to cattle and bison. Because the status classifications for captive 
cervids may not coincide with those for cattle, bison, and goats, we 
would continue to set forth most of the provisions relevant to captive 
cervids in a separate subpart from those relevant to cattle, bison, and 
goats.
    In contrast, the provisions for applying for recognition of risk 
zones within a State will apply in the same way to captive cervids as 
to cattle, bison, and goats. Whatever zones are recognized will be used 
for captive cervids, as well as for cattle, bison, and goats, although 
the status of a zone may be different for captive cervids than it is 
for cattle, bison, and goats.
    Therefore, to avoid redundancy in the regulations, we are proposing 
to include all provisions regarding application for recognition of 
zones in one subpart, rather than duplicate the information in the 
subparts specific to cattle, bison, and goats and specific to captive 
cervids. In addition, we are proposing to include in that ``general'' 
subpart the definitions that apply to all of the regulations in part 
77. This ``general'' subpart would be subpart A. The regulations 
specific to cattle, bison, and goats would be set forth in subpart B, 
and the regulations specific to captive cervids would be set forth in 
subpart C. All of the current sections in part 77 would be renumbered 
to accommodate this reformatting.
    In subpart A of this proposed rule, we are including one 
substantive change from the current provisions regarding application 
for recognition of zones. Currently, a State may have no more than two 
zones. In our November 1, 1999, interim rule, we explained that we were 
limiting the number of zones in a State to two because of the amount of 
monitoring and movement controls necessary for the State to adequately 
administer different status zones. We now believe that it is not 
necessary to limit a State to two zones, if the State can adequately 
demonstrate that each of its proposed zones meets the criteria in the 
current regulations for recognition of a zone.
    Under these criteria, a zone must be a defined geographic land area 
indentifiable 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. Additionally, the 
State in question must have sufficient resources to implement and 
enforce a tuberculosis eradication program, and means of ensuring that 
State and Federal animal health authorities are notified of 
tuberculosis cases in domestic livestock or outbreaks in wildlife. 
Further, the State must maintain, in each intended zone, surveillance 
that allows detection of tuberculosis in the overall population of 
livestock at a 2 percent prevalence rate with 95 percent confidence.
    We believe that if a State can meet each of the above requirements 
for each of the proposed zones, it is not necessary to limit the 
State's request to two zones. Therefore, we are not including in this 
proposed rule a provision limiting a State to no more than two zones.

Current Risk Classification System

    The possible risk classifications of States and zones with regard 
to cattle and bison under the current regulations are accredited-free, 
accredited-free (suspended), modified accredited, and nonmodified 
accredited. Some of the current provisions governing each 
classification appear in the definitions in Sec. 77.1, while the 
remainder of the provisions for each classification appear in other 
sections of part 77. We discuss below the provisions governing each of 
the current classifications.

Accredited-Free State or Zone

    Criteria for being classified as an accredited-free State or zone. 
An accredited-free State or zone is defined as a State or zone that 
complies with the UMR, has zero percent prevalence of affected cattle 
and bison herds, and has had no findings of tuberculosis in any cattle 
or bison in the State or zone for the previous 5 years, except that the 
requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last affected herd in States or zones that were 
previously accredited-free and in which all herds affected with 
tuberculosis were depopulated. Compliance with the UMR includes meeting 
the requirement that the State demonstrates annually that an adequate 
amount of testing and slaughter surveillance is done in that State to 
discover any bovine tuberculosis that might be present.
    If tuberculosis is detected in any one herd of cattle or bison in 
an accredited-free State or zone, the accredited-free status of the 
State or zone is suspended. In such a case, the State or zone may 
qualify for redesignation of accredited-free status after the herd in 
which the 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 test those other livestock in the 
same way as cattle and bison when conducting a herd test according to 
the UMR, or else be reclassified as either a modified accredited State 
or zone or a nonmodified accredited State or zone.
    If two or more affected herds are detected in an accredited-free 
State or zone within a 48-month period, the State or zone will also be 
reclassified.
    If tuberculosis is diagnosed in an accredited-free State or zone in 
an animal not specifically covered by the regulations and a risk 
assessment conducted by APHIS determines the outbreak poses a 
tuberculosis risk to livestock in the State or zone, the State or zone 
must adopt, within 6 months of

[[Page 11915]]

diagnosis, a tuberculosis management plan, approved jointly by the 
State animal health official and the APHIS Administrator, or else be 
reclassified.
    Accredited-free State or zone status must be renewed annually.
    Interstate movement from an accredited-free State or zone. Cattle 
and bison that originate in an accredited-free State or zone and that 
are not known to be infected with or exposed to tuberculosis may be 
moved interstate without restriction.

Accredited-Free (Suspended) State or Zone

    Criterion for being classified as an accredited-free (suspended) 
State or zone. An accredited-free (suspended) State or zone is defined 
as an accredited-free State or zone in which tuberculosis has been 
detected in cattle or bison.
    Interstate movement from an accredited-free (suspended) State or 
zone. Cattle and bison that originate in an accredited-free (suspended) 
State or zone and that are not known to be infected with or exposed to 
tuberculosis may be moved interstate without restriction.

Modified Accredited State or Zone

    Criteria for being classified as a modified accredited State or 
zone. A modified accredited State or zone is defined as a State or zone 
that complies with the UMR 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. However, 
depending on the veterinary infrastructure, livestock demographics, and 
tuberculosis control and eradication measures in the State or zone, the 
Administrator may, upon review, allow modified accredited status in a 
State or zone that has fewer than 30,000 herds and that has had up to 3 
affected herds for each of the most recent 2 years.
    The same requirements apply to modified accredited States or zones 
as those discussed above for accredited-free States or zones regarding 
the testing of livestock other than cattle or bison included in a newly 
assembled herd on a premises where a tuberculous herd has been 
depopulated.
    Likewise, the same requirements apply to modified accredited States 
or zones as those discussed above for accredited-free States or zones 
regarding the need to adopt a tuberculosis management plan if 
tuberculosis is diagnosed in the State or zone in an animal not 
specifically covered by the regulations and a risk assessment conducted 
by APHIS determines the outbreak poses a tuberculosis risk to livestock 
in the State or zone.
    Modified accredited State or zone status must be renewed annually.
    Interstate movement from a modified accredited State or zone. 
Cattle and bison that originate in 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.

Nonmodified Accredited State or Zone

    Criterion for being classified as a nonmodified accredited State or 
zone. A nonmodified accredited State is defined as a State or zone that 
has not received accredited-free status or modified accredited status.
    Conditions for interstate movement from a nonmodified accredited 
State or zone. Cattle and 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 if they meet one 
of the following conditions:
    1. The cattle or bison are moved directly to slaughter to an 
establishment operating under the provisions of the Federal Meat 
Inspection Act or to a State-inspected slaughtering establishment that 
has State inspection at the time of slaughter.
    2. The cattle or bison are steers or spayed heifers, or are 
officially identified sexually intact heifers that are moved to an 
approved feedlot, and are accompanied by a certificate stating that 
they have tested negative to an official tuberculin test conducted 
within 30 days prior to the date of movement. If the cattle or bison 
moved under this condition are not individually identified by a 
registration name and number, they must be individually identified by 
an APHIS-approved metal eartag or tattoo.
    3. The cattle or bison are breeding animals from an accredited herd 
and are accompanied by a certificate showing they are from such a herd.
    4. The cattle or bison are breeding animals that are not from an 
accredited herd but that are accompanied by a certificate stating that 
they have tested 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. If the 
cattle or bison moved under this condition are not individually 
identified by a registration name and number, they must be officially 
identified.

Reasons for Proposing a Revised Classification System

    Although it has undergone some refinement through the years, 
including the clarifications we made in our November 1, 1999, interim 
rule, a tuberculosis risk classification system that includes 
accredited free, modified accredited, and nonmodified accredited 
classifications has been in effect since the 1940's. It has been an 
integral part of the tuberculosis eradication program that has 
virtually eliminated the disease in U.S. livestock. Currently, all but 
three States are classified as accredited free in their entirety for 
cattle and bison, which means they contain no herds affected with 
tuberculosis. Two States (New Mexico and Texas) are nearing accredited-
free status, and one State (Michigan) is accredited free except for a 
single zone in the State. Today, the national percentage of herds of 
cattle and bison affected with tuberculosis stands at approximately 
0.0002 percent.
    Although the current system of risk level classifications has been 
effective in helping reduce the incidence of tuberculosis in the United 
States to a very low level, it has not yet eliminated the disease in 
this country. The danger still exists that tuberculosis could spread 
among livestock, and we do not believe the current regulations best 
recognize the different levels of risk that can exist with regard to 
tuberculosis.
    As discussed above, one of the criteria for being classified as a 
modified accredited State or zone is that, with certain exceptions, the 
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. The current regulations 
do not specifically address levels of prevalence greater than or equal 
to 0.01 percent of the herds in the State or zone, other than to 
provide that all States or zones that do not qualify for accredited-
free or modified accredited will be classified as nonmodified 
accredited.
    Although we consider the current interstate requirements for 
animals from nonmodified accredited States or zones to adequately 
address States or zones that have prevalence levels of tuberculosis 
close to 0.01 percent, we believe those interstate requirements are not 
adequate to address any States or zones that develop prevalence levels 
well in excess of 0.01 percent. In this proposal, we are proposing to 
address such higher prevalence levels by expanding the possible levels 
of risk classification, as discussed below.
    Additionally, we believe two other factors make it necessary to 
change the current classification system. The first involves the 
captive cervid industry; the second involves international trade.

[[Page 11916]]

Captive Cervids

    Although we believe it is necessary to begin classifying States or 
zones according to their tuberculosis risk with regard to captive 
cervids, as noted above we are proposing to keep classifications with 
regard to cattle, bison, and goats independent of classifications for 
captive cervids. We are proposing to keep these classifications 
separate because, in general, programs for surveillance for 
tuberculosis in captive cervids are not as advanced as those for cattle 
and bison. Although all but three States are considered accredited free 
with regard to cattle and bison, based on the information available to 
us, we believe only 24 States would qualify for accredited-free status 
in their entirety for captive cervids. However, we do not consider it 
appropriate to downgrade the status of a State or zone with regard to 
cattle and bison because that State or zone has a higher risk status 
for captive cervids. Captive cervids usually represent only a minor 
percentage of the livestock industry in most States, and those captive 
cervids that are held or transported in a State are generally raised 
and marketed in channels separate from cattle, bison, and goats, so 
there is less risk that a captive cervid that is infected with 
tuberculosis will transmit the disease to cattle, bison, or goats.

Tuberculosis and International Trade

    Another reason we believe it is necessary to refine and expand the 
tuberculosis risk classification system involves growing international 
trade. Although the majority of States are grouped at the accredited-
free level and would not be affected by the changes in the risk 
classification system set forth in this proposal, there is a broad 
spectrum of risk levels among other countries. With growing 
international trade, we find it increasingly necessary to be able to 
explain to our trading partners in a transparent fashion why we 
consider them to be at a particular risk level for tuberculosis and why 
we believe particular mitigation measures are necessary to allow their 
animals to be imported into the United States. The risk classification 
system we are proposing in this document represents the same criteria 
we would use to assess the risk in another country and the measures 
necessary to mitigate any risk to a negligible level. We are in the 
process of developing rulemaking that will specifically address 
tuberculosis risk levels in foreign countries and other foreign 
regions.

Proposed New Tuberculosis Risk Classification System

    In the following paragraphs we explain how the new classification 
system would work. We are proposing to provide for five risk 
classifications, as follows:
    1. Accredited Free.
    2. Modified Accredited Advanced.
    3. Modified Accredited.
    4. Accreditation Preparatory.
    5. Nonaccredited.
    It is important to keep in mind that when we refer in our 
discussion below to ``specifically regulated animals,'' we are talking 
exclusively about cattle, bison, and goats for subpart A and 
exclusively about captive cervids for subpart B. For instance, although 
cattle, bison, goats, and captive cervids would all be ``specifically 
regulated'' in some way under part 77, in subpart B the prevalence 
level of affected herds of captive cervids alone would be considered in 
determining the classification of States or zones and would not 
influence the classification of the State or zone for cattle, bison, 
and goats in subpart A.

Accredited-Free States or Zones

    We are proposing to retain the provisions in the current 
regulations governing accredited-free status, described above under the 
heading ``Accredited-Free State or Zone,'' with two additions and one 
revision.
    The additions involve the waiting period without findings of 
tuberculosis that a State or zone must meet before achieving 
accredited-free status. To achieve accredited-free status under the 
current regulations, a State or zone must have had no findings of 
tuberculosis for the previous 5 years, except that the requirement of 
freedom from tuberculosis is 2 years from the depopulation of the last 
affected herd in States or zones that were previously accredited free 
and in which all herds affected with tuberculosis have been 
depopulated.
    In the definition of accredited-free State or zone in both 
Sec. 77.5 for cattle, bison, and goats and Sec. 77.20 for captive 
cervids, we are proposing to add two additional ways to achieve 
accredited-free status. First, the waiting period would be 3 years in 
States or zones that were not previously accredited free but that have 
depopulated all affected herds. We believe this shortened waiting 
period is appropriate in States or zones where such depopulation has 
been carried out because depopulation is an effective method of 
ensuring that infected animals are removed from a State or zone.
    Alternatively, the waiting period would be 3 years in States or 
zones that have conducted surveillance that demonstrates that wildlife 
and livestock herds other than the animals specifically regulated under 
the subpart in question (cattle, bison, and goats in subpart A; captive 
cervids in subpart B) are not at risk of being infected with 
tuberculosis, as determined by the Administrator based on a risk 
assessment conducted by APHIS. We believe that including such an option 
in the regulations provides States and zones with an incentive to 
conduct increased surveillance for tuberculosis in all susceptible 
animals in the area of an affected herd and thus to accelerate 
eradication of the disease in that State or zone.
    We believe it is necessary to allow the Administrator the 
discretion to assess the adequacy of the surveillance because there are 
a number of valid methods of surveying for tuberculosis, and we expect 
that each State will implement a surveillance program suitable to the 
livestock and wildlife of that State. Among the different methods of 
surveillance a State might implement are testing of animals at 
slaughter, testing for tuberculosis of any animals tested for another 
reason, target area testing, or epidemiological sampling of herds in a 
particular area.
    The provision we are proposing to revise involves how we will 
address States or zones in which an affected herd is detected. Under 
Sec. 77.3(c) of the current regulations, such a State or zone is 
reclassified as accredited free (suspended). However, the current 
regulations do not specify how long the suspension of accredited-free 
status can last before the State or zone is downgraded in status, nor 
do they specify what the State or zone must do to regain accredited-
free status. To address these two areas, Sec. 77.7(c) of this proposed 
rule provides for cattle, bison, and goats that if an affected herd is 
detected in a State or zone classified as accredited free, and the herd 
is depopulated and an epidemiologic investigation is completed within 
90 days of the detection of the affected herd with no evidence of the 
spread of tuberculosis, the State or zone may retain its accredited-
free status. Proposed Sec. 77.22 includes a similar provision for 
States and zones classified accredited free for captive cervids, with 
the one difference that, in such States and zones, the depopulation and 
epidemiologic investigation must be completed within 120 days of the 
detection of the affected herd.
    Based on our experience enforcing the regulations, we believe that 
for cattle,

[[Page 11917]]

bison, and goats, 90 days is enough time to investigate the incidence 
of tuberculosis and trace the movement of animals from an affected 
herd. Ninety days will allow time for herd owners who have tested their 
livestock once with negative results to wait at least an additional 60 
days before retesting to ensure valid results from the retesting. 
However, we believe it is warranted to allow 120 days for completion of 
depopulation and investigation for captive cervids, due to the longer 
waiting period necessary between tests of cervids than those of cattle, 
bison, and goats. In animals that have been tested for tuberculosis, 
the immune system is depressed following the test and will not respond 
definitively to a second test unless some time is allowed for the 
animal's immune system to ``reset'' following the first test. In 
cattle, bison, and goats, a valid second test can be done 60 days 
following the first test. For captive cervids, it is necessary to wait 
90 days following the first test.
    To clarify our intent with regard to what constitutes an 
epidemiologic investigation, we are including a definition of that term 
in proposed Sec. 77.2. We would define an epidemiologic investigation 
as one that is conducted by the State in conjunction with APHIS 
representatives, in which an official test for tuberculosis is 
conducted on all livestock in any tuberculosis-affected herd in a State 
or zone, as well as on all livestock in any herd into which livestock 
from the affected herd have been moved.
    As in the current regulations for cattle and bison, we would allow 
specifically regulated animals that are not known to be infected with 
or exposed to tuberculosis to be moved interstate without restriction 
from accredited-free States or zones.

Modified Accredited Advanced States or Zones

    Prior to our November 1, 1999, interim rule, a modified accredited 
State was defined as one that complied with all of the provisions of 
the UMR regarding modified accredited States. Because it was not always 
clear what standards a State needed to meet to achieve modified 
accredited status, in our interim rule we clarified our intent with 
regard to the standards that needed to be met. These standards are 
described above under the heading ``Modified Accredited State or 
Zone.''
    Because tuberculosis has been virtually eradicated in cattle and 
bison in this country, and because two of the three States not 
classified as accredited free in their entirety are classified as 
modified accredited, the standards currently set forth in subpart A of 
the regulations for modified accredited States are relatively 
stringent. We consider those standards necessary to ensure that all 
States maintain an aggressive program to become or stay accredited free 
with regard to cattle, bison, and goats.
    However, because tuberculosis surveillance programs for captive 
cervids have not yet progressed as far as those for cattle, bison, and 
goats, and because not all foreign regions are as close to the 
eradication of tuberculosis as the United States, we believe it is 
necessary to provide for risk classifications that accommodate a 
greater disease risk than the modified accredited status of the current 
regulations, but at the same time give more recognition for progress 
toward eradication than the current nonmodified accredited 
classification. We believe that providing for such classifications will 
further the eradication of tuberculosis in this country and establish 
standards that we can apply in equivalent fashion to foreign regions in 
future rulemaking. The classifications we are proposing to add are 
titled modified accredited (with different standards than the modified 
accredited classification under the current regulations) and 
accreditation preparatory. Both of these classifications are discussed 
below under their respective headings.
    With the addition of these two classifications, we believe it is 
necessary to make clear that the classification currently known as 
modified accredited describes a State or zone that is close to the 
eradication of tuberculosis in the animals in question. Therefore, we 
are proposing to rename the current modified accredited classification 
as modified accredited advanced. The requirements for achieving and 
maintaining modified accredited advanced status would be the same as 
those in the current regulations for achieving and maintaining modified 
accredited status (described above under the heading ``Modified 
Accredited State or Zone'').
    The requirements for the interstate movement of animals from a 
modified accredited advanced State or zone (proposed Sec. 77.10 for 
cattle, bison, and goats; proposed Sec. 77.25 for captive cervids) 
would differ from the current provisions for movement from a modified 
accredited State or zone in one significant respect. Under the current 
regulations, cattle and bison that originate in 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. However, 
because any State or zone other than an accredited-free State or zone 
includes at least one herd affected with tuberculosis, we consider it 
necessary to test animals moved from States or zones that are other 
than accredited free, unless certain other conditions exist that 
mitigate the tuberculosis risk to a negligible level. Therefore, in 
this document, we are proposing that specifically regulated animals may 
not be moved interstate from a modified accredited advanced State or 
zone without testing negative for tuberculosis unless they meet one of 
the following conditions:
    1. The animals are accompanied by a certificate stating that they 
originated in an accredited herd that has completed the testing 
necessary for accredited status with negative results within 1 year 
prior to the date of movement.
    2. The animals are moved directly for slaughter to an approved 
slaughtering establishment. (Currently, subpart A with regard to cattle 
and bison refers to movement to a slaughtering ``establishment 
operating under the provisions of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) or a State-inspected slaughtering establishment 
that has inspection by a State inspector at the time of slaughter.'' 
Such an establishment is defined in current subpart B as an approved 
slaughtering establishment. In this proposed rule, wherever we refer in 
the regulations to such an establishment, we use the term ``approved 
slaughtering establishment'').
    3. The animals are cattle or bison that are steers or spayed 
heifers, or are officially identified sexually intact heifers that are 
moved to an approved feedlot. All cattle and bison so moved that are 
not individually identified by a registration name and number must be 
officially identified.
    If the animals meet none of the above conditions, they may not be 
moved interstate unless they are accompanied by a certificate stating 
that they have been classified negative to an official tuberculin test 
that was conducted within 60 days prior to the date of movement for 
cattle, bison, and goats, and within 90 days prior to the date of 
movement for captive cervids.
    The proposed requirement that the testing required for cattle and 
bison be done within 60 days prior to the date of movement differs from 
testing requirements in the current regulations (for nonmodified 
accredited States and zones), which require that the testing be done 
within 30 days prior to the date of movement. We are proposing to allow 
testing to be done within 60 days prior to movement in order to 
minimize

[[Page 11918]]

disruption to standard livestock marketing practices. Under the current 
regulations, for example, cattle and bison tested 31 days prior to an 
intended date of movement could not be moved interstate. Because, as 
discussed above, an interval of at least 60 days is necessary between 
tuberculin tests for cattle, bison, and goats, under the current 
regulations cattle or bison tested 31 days prior to the intended date 
of movement would have to wait 29 days beyond the intended date of 
movement before being retested. We believe that this delay in movement, 
which can significantly impact the ability of owners to market their 
animals, is not warranted from an animal health perspective, because we 
believe the risk is negligible that an infected animal will not be 
detected because a test was done 60 days prior to movement rather than 
30 days.
    With regard to captive cervids, allowing a required test to be 
conducted within 90 days prior to movement would be consistent with the 
current provisions regarding the testing required for interstate 
movement from individual herds. Ninety days would be allowed for the 
testing of captive cervids for the same reason that 60 days would be 
allowed for cattle, bison, and goats--i.e., to minimize disruption of 
standard livestock practices. We would allow the additional time for 
captive cervids, compared to cattle, bison, and goats, because of the 
longer waiting period that is necessary between tuberculosis tests of 
captive cervids.
    We believe it is necessary to establish the above requirements for 
animals moved from modified accredited advanced States or zones to 
provide assurance that the tuberculosis risk from animals moving from a 
modified accredited advanced State or zone is no more than that from 
animals already in an accredited-free State or zone.

Modified Accredited States or Zones

    The new tuberculosis risk classification titled modified accredited 
would apply to States and zones whose animals represent a greater 
disease risk than those from States and zones classified as modified 
accredited advanced.
    In proposed Sec. 77.5 for cattle, bison, and goats and proposed 
Sec. 77.20 for captive cervids, a modified accredited State or zone 
would be defined as a State or zone that is or is part of a State that 
has the authority to enforce and complies with the provisions of the 
UMR and in which tuberculosis has been prevalent in less than 0.1 
percent of the total number of specifically regulated animals in the 
State or zone for the most recent year. However, the regulations would 
also provide that the Administrator, upon his or her review, may allow 
a State or zone with fewer than 10,000 herds of the animals in question 
to have up to 10 affected herds for the most recent year, depending on 
the veterinary infrastructure, livestock demographics, and tuberculosis 
control and eradication measures in the State or zone.
    The provision that would allow the Administrator to give the 
proposed modified accredited classification to a State or zone with 
fewer than 10,000 herds that has up to 10 affected herds is similar to 
a provision in the current regulations for modified accredited States, 
retained in this proposed rule under the standards for achieving and 
maintaining modified accredited advanced status. Under the current 
regulations, the prevalence level of tuberculosis for modified 
accredited status must be less than 0.01 percent of the total number of 
herds, except that in States or zones with fewer than 30,000 herds, the 
Administrator may, upon his or her review, allow the State or zone to 
have up to 3 affected herds.
    Although we consider a disease prevalence of less than 0.1 percent 
of the herds to be appropriate for the proposed modified accredited 
classification in most cases, we recognize that 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 0.1 
percent prevalence means that, for every 10,000 herds in the State or 
zone, fewer than 10 herds may be affected. In a State or zone with 
fewer than 10,000 herds, the presence of fewer than 10 affected herds 
could cause the prevalence rate to exceed the allowable maximum. We do 
not necessarily consider this number of affected herds to represent a 
disease risk significant enough to disqualify a State or zone from the 
proposed modified accredited classification.
    The factors the Administrator will consider in determining whether 
a prevalence level of 0.1 percent or more is acceptable include: (1) 
How effectively the veterinary infrastructure in the State or zone 
could detect and respond to the presence 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 the patterns of herd distribution.
    As with accredited-free and modified accredited advanced States and 
zones, we are proposing to require for modified accredited States and 
zones (proposed Sec. 77.11 for cattle, bison, and goats; proposed 
Sec. 77.26 for captive cervids) that 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 test 
those other livestock in the same way as cattle and bison when 
conducting a herd test according to the UMR, or else have its 
classification downgraded, in this case to accreditation preparatory.
    Additionally, as with accredited-free and modified accredited 
advanced States and zones, we are proposing to require that if 
tuberculosis is diagnosed in a modified accredited State or zone in an 
animal not specifically covered by the regulations, and a risk 
assessment conducted by APHIS determines the outbreak poses a 
tuberculosis risk to livestock in the State or zone, the State or zone 
must implement a tuberculosis management plan, approved jointly by the 
State animal health official and the APHIS Administrator, within 6 
months of the diagnosis, or have its classification downgraded, in this 
case to accreditation preparatory. It should be noted that our use of 
the word ``implement'' differs from the wording of the current 
regulations, which use the word ``adopt.'' We would use the word 
``implement'' to make clear that a tuberculosis management plan must 
actually be in operation to meet the requirements of the regulations.
    Modified accredited State or zone status would have to be renewed 
annually.
    Interstate movement from proposed modified accredited States or 
zones: In this document, we are proposing (proposed Sec. 77.12 for 
cattle, bison, and goats; proposed Sec. 77.27 for captive cervids) that 
specifically regulated animals may not move interstate from a modified 
accredited State or zone without having to be tested for tuberculosis, 
unless they meet one of the following conditions:
    1. The animals are accompanied by a certificate stating that they 
originated in an accredited herd that has completed the testing 
necessary for accredited status with negative results within 1 year 
prior to the date of movement.
    2. The animals are moved directly to slaughter to an approved 
slaughtering establishment.
    If the animals meet neither of the above conditions, they may not 
be moved interstate unless they meet one of the following conditions:
    1. The animals are cattle or bison that are steers or spayed 
heifers, or are officially identified sexually intact heifers that are 
moved to an approved feedlot, and are accompanied by a certificate 
stating that they have been

[[Page 11919]]

classified negative to an official tuberculin test conducted within 60 
days prior to movement. All cattle and bison so moved that are not 
individually identified by a registration name and number must be 
officially identified.
    2. If the animals are cattle, bison, or goats, 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 60 days prior to the date of movement. If the animals are 
captive cervids, they must be accompanied by a certificate stating that 
they have been classified negative to two official tuberculin tests 
conducted at least 90 days apart and no more than 6 months apart, with 
the second test conducted within 90 days prior to the date of movement. 
All animals that are so moved that are not individually identified by a 
registration name and number must be officially identified.
    The proposed interstate movement requirements from modified 
accredited States and zones differ from those for modified accredited 
advanced States and zones in two ways. First, steers, spayed heifers, 
and officially identified sexually intact heifers moved to an approved 
feedlot from a modified accredited State or zone would have to test 
negative to one official tuberculin test (proposed Sec. 77.12(b)). This 
requirement would not exist for movement from modified accredited 
advanced States and zones. Second, breeding animals not from an 
accredited herd would have to test negative to two official tuberculin 
tests (proposed Sec. 77.12(d) for cattle, bison, and goats; proposed 
Sec. 77.27(c) for captive cervids), rather than just one test as for 
movement from modified accredited advanced States and zones. We believe 
these additional safeguards are necessary for animals moved from 
modified accredited States or zones to provide assurance that the 
tuberculosis risk from animals moving from a modified accredited State 
or zone is no more than that from animals already in an accredited-free 
State or zone or a modified accredited advanced State or zone.

Accreditation Preparatory States and Zones

    The tuberculosis risk classification titled accreditation 
preparatory would apply to States and zones that represent a greater 
disease risk than those classified as modified accredited.
    In proposed Sec. 77.5 for cattle, bison, and goats and proposed 
Sec. 77.20 for captive cervids, an accreditation preparatory State or 
zone would be defined as a State or zone that is or is part of a State 
that has the authority to enforce and complies with the provisions of 
the UMR and in which tuberculosis is prevalent in less than 0.5 percent 
of the total number of herds of specifically regulated animals in the 
State or zone.
    As with the classifications discussed above, we are proposing to 
require for accreditation preparatory States and zones that if any 
livestock other than cattle, bison, or goats are included in a newly 
assembled herd on a premises where a tuberculous herd has been 
depopulated, the State or zone must test those other livestock in the 
same way as cattle, bison, and goats when conducting a herd test 
according to the UMR, or else have its classification downgraded, in 
this case to nonaccredited (proposed Sec. 77.13 for cattle, bison, and 
goats; proposed Sec. 77.28 for captive cervids).
    Additionally, as with the classifications discussed above, we are 
proposing to require that if tuberculosis is diagnosed in an 
accreditation preparatory State or zone in an animal not specifically 
covered by the regulations, and a risk assessment conducted by APHIS 
determines the outbreak poses a tuberculosis risk to livestock in the 
State or zone, the State or zone must implement a tuberculosis 
management plan, approved jointly by the State animal health official 
and the APHIS Administrator, within 6 months of the diagnosis, or else 
have its classification downgraded, in this case to nonaccredited.
    Accreditation preparatory State or zone status would have to be 
renewed annually.
    Interstate movement from accreditation preparatory States or zones: 
In this document, we are proposing (proposed Sec. 77.14 for cattle, 
bison, and goats; proposed Sec. 77.29 for captive cervids) that 
specifically regulated animals may not be moved interstate from an 
accreditation preparatory State or zone unless they meet one of the 
following conditions:
    1. The animals are accompanied by a certificate stating that they 
originated in an accredited herd that has completed the testing 
necessary for accredited status with negative results within 1 year 
prior to the date of movement, and that the animals to be moved have 
been classified negative to an official tuberculin test conducted 
within 60 days prior to the date of movement for cattle, bison, and 
goats, and within 90 days prior to the date of movement for captive 
cervids. All animals that are so moved that are not individually 
identified by a registration name and number must be officially 
identified.
    2. The animals are moved directly to slaughter to an approved 
slaughtering establishment.
    3. The animals are cattle or bison that are steers or spayed 
heifers, or are officially identified sexually intact heifers that are 
moved to an approved feedlot, and are 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 60 days prior to 
movement. All cattle and bison so moved that are not individually 
identified by a registration name and number must be officially 
identified.
    4. The animals are accompanied by a certificate stating that they 
originated in a herd that has undergone a tuberculosis herd test with 
negative results conducted within 1 year prior to movement. 
Additionally, for cattle, bison, and goats, the certificate must state 
that the animals have been classified negative to two additional 
official tuberculin tests conducted at least 60 days apart and no more 
than 6 months apart, with the second test conducted within 60 days 
prior to the date of movement. For captive cervids, the certificate 
must state that the cervids have been classified negative to two 
additional official tuberculin tests conducted at least 90 days apart 
and no more than 6 months apart, with the second test conducted within 
90 days prior to the date of movement. All animals that are so moved 
that are not individually identified by a registration name and number 
must be officially identified.
    The proposed interstate movement requirements from accreditation 
preparatory States and zones differ from those for modified accredited 
States and zones in three ways. First, steers, spayed heifers, and 
officially identified sexually intact heifers moved to an approved 
feedlot from an accredited preparatory State or zone would have to test 
negative to two official tuberculin tests, rather than just one as for 
modified accredited States and zones. Second, in addition to testing 
negative to two additional official tuberculin tests, breeding animals 
not from an accredited herd would have to originate in a herd that has 
undergone a tuberculosis herd test with negative results. Third, 
animals from an accredited herd would have to originate in a herd that 
has completed the necessary testing for accredited status within 1 year 
prior to the date of movement, and test negative to an official 
tuberculin test within 60

[[Page 11920]]

days prior to movement for cattle, bison, and goats, and within 90 days 
prior to movement for captive cervids. We believe the additional 
safeguards are necessary for animals from an accreditation preparatory 
State or zone to provide assurance that the tuberculosis risk from 
animals moving from an accreditation preparatory State or zone is no 
more than that from animals already in an accredited-free State or 
zone, a modified accredited advanced State or zone, or a modified 
accredited State or zone.

Nonaccredited States and Zones

    In the current regulations, there is a tuberculosis State and zone 
classification called ``nonmodified accredited.'' The nonmodified 
accredited classification is a default category for all States or zones 
that do not qualify for accredited free, accredited free (suspended), 
or modified accredited. Currently, except for nonmodified accredited, 
modified accredited represents the highest tuberculosis risk. 
Therefore, any State or zone not meeting the minimum standards for 
modified accredited is classified as nonmodified accredited. The 
current criteria for modified accredited status are that the State or 
zone comply with the UMR and have had less than a 0.01 percent 
prevalence of tuberculosis among all herds in the State or zone for the 
most recent 2 years (with up to 3 affected herds allowed under certain 
conditions in States or zones with fewer than 30,000 herds). Currently, 
the only area that is classified as nonmodified accredited is a zone in 
the State of Michigan.
    Under this proposal (proposed Sec. 77.5 for cattle, bison, and 
goats; proposed Sec. 77.20 for captive cervids), the nonaccredited 
classification would not cover as wide a risk range as the nonmodified 
accredited classification under the current regulations. Instead of 
applying to all States and zones that do not comply with the UMR or 
that have more than a 0.01 tuberculosis herd prevalence, as does the 
current nonmodified accredited, it would apply to all States and zones 
that do not comply with the UMR or that have a tuberculosis herd 
prevalence rate equal to or in excess of 0.5 percent, since 0.5 percent 
is the level at which a State or zone would cease to qualify for 
accreditation preparatory status.
    Because any State or zone classified as nonaccredited would 
represent a relatively high tuberculosis risk, we believe it is 
necessary to impose stringent restrictions on interstate movement from 
such States or zones. Therefore, we are proposing (proposed Sec. 77.16 
for cattle, bison, and goats; proposed Sec. 77.31 for captive cervids) 
that no regulated animals may be moved interstate from a nonaccredited 
State or zone unless they are not known to be infected with or exposed 
to tuberculosis and they meet one of the following conditions:
    1. The animals are accompanied by a certificate stating that they 
originated in an accredited herd that has completed the testing 
necessary for accredited status with negative results within 1 year 
prior to the date of movement, and that they have been classified 
negative to an official tuberculin test conducted within 60 days prior 
to the date of movement for cattle, bison, and goats, and within 90 
days prior to movement for captive cervids.
    2. The animals are accompanied by VS Form 1-27 and are moved 
interstate in an officially sealed means of conveyance directly to 
slaughter to an approved slaughtering establishment.

Classification of States and Zones With Regard to Cattle, Bison, 
and Goats

    Under Sec. 77.7 of this proposed rule for cattle, bison, and goats, 
all States and zones currently designated as accredited free would 
retain that classification. In addition, the State of New Mexico, 
currently designated as modified accredited, would be classified as 
accredited free because New Mexico is a State that has had no affected 
herds of cattle, bison, or goats for the most recent 3 years and the 
Administrator has determined that New Mexico has conducted surveillance 
that demonstrates that wildlife and livestock herds other than cattle, 
bison, and goats are not infected with tuberculosis.
    Under Sec. 77.9 of this proposed rule for cattle, bison, and goats, 
the State of Texas, currently designated as modified accredited, would 
be classified as modified accredited advanced. Texas would qualify as 
modified accredited advanced because it complies with the UMR and, with 
a prevalence rate of affected herds of approximately .0002 percent, has 
had a tuberculous herd prevalence rate of less than 0.01 for the most 
recent 2 years.
    The smaller zone in the State of Michigan, currently designated as 
nonmodified accredited, would be classified as modified accredited. 
(This zone, described in Sec. 77.11(b) of this proposal with regard to 
cattle, bison, and goats, is the same zone as that delineated below 
with regard to captive cervids.) The State of Michigan complies with 
the UMR and, with a total of four affected herds in the past year, the 
zone is eligible for consideration by the Administrator for modified 
accredited status. Because we believe the veterinary infrastructure in 
the State could effectively detect and respond to the presence of an 
affected herd in the zone, and because of the limited number of herds 
in the zone (fewer than 600), it appears that modified accredited 
status for the smaller zone is warranted.

Classification of States and Zones With Regard to Captive Cervids

    Under this proposed rule, we are classifying States and zones 
according to their tuberculosis risk with regard to captive cervids. We 
based the classifications we are proposing on preliminary information 
made available to us by State officials. This preliminary information 
enabled us to estimate the prevalence of tuberculosis among captive 
cervid herds in the States, and to determine whether the State has the 
authority to enforce and complies with the UMR. However, in general, 
the information we have received from States to date has not enabled us 
to document that a sufficient number of herds of captive cervids in the 
State or zone have been tested to ensure that tuberculosis infection at 
a prevalence level of 2 percent or more will be detected with a 
confidence level of 95 percent. This level of confidence is required by 
the regulations through its inclusion in the UMR.
    Therefore, although we are proposing to classify States and zones 
according to tuberculosis risk in captive cervids as listed below, we 
wish to emphasize that, following the public comment period on this 
proposal, we will make final each proposed classification only if we 
have not received information demonstrating that the proposed 
classification should be other than that proposed, and if the State in 
question has provided us with the information necessary to document 
that surveillance in the State or zone meets the required standards. In 
order for each State to know exactly what information it will be 
required to provide under the final rule, we will allow a ``grace'' 
period for submission of the necessary information following 
publication of the final rule. We will not make final any State or zone 
classifications with regard to captive cervids until each State has had 
90 days after publication of the final rule on the general requirements 
for State risk classification to submit the required information.
    We are proposing that States and zones be classified for 
tuberculosis risk in captive cervids as follows:
    Accredited-free States and zones. In proposed Sec. 77.20, an 
accredited-free State or zone for captive cervids is

[[Page 11921]]

defined, with certain exceptions, as a State or zone that is or is part 
of a State that has the authority to enforce and complies with the UMR, 
has zero percent prevalence of affected captive cervid herds, and has 
had no findings of tuberculosis in any captive cervids in the State or 
zone for the previous 5 years.
    Based on the information available to us, we believe the following 
States and zones meet the conditions in the preceding paragraph and, 
therefore, we are proposing to classify them as accredited free: 
Alaska, Colorado, Hawaii, Idaho, Indiana, Louisiana, Maine, Minnesota, 
Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, 
Oklahoma, Oregon, South Carolina, South Dakota, Texas, Utah, Vermont, 
Virginia, Washington, Wyoming, and that part of Michigan other than the 
zone described under ``Modified accredited States and zones,'' below.
    Modified accredited advanced States and zones. In proposed 
Sec. 77.20, a modified accredited advanced State or zone for captive 
cervids is defined, with one exception, as a State or zone that is or 
is part of a State that has the authority to enforce and complies with 
the UMR, and in which tuberculosis has been prevalent in less than 0.01 
percent of the total number of herds of captive cervids in the State or 
zone for the most recent 2 years.
    Based on the information available to us, we believe the following 
States meet the conditions in the preceding paragraph and, therefore, 
we are proposing to classify them as modified accredited advanced: 
Arizona, California, Florida, Georgia, Kansas, Kentucky, Mississippi, 
Missouri, New Jersey, North Carolina, Pennsylvania, Tennessee, and 
Wisconsin.
    Modified accredited States and zones. In proposed Sec. 77.20, a 
modified accredited State or zone for captive cervids is defined, with 
one exception, as a State or zone that is or is part of a State that 
has the authority to enforce and complies with the UMR, and in which 
tuberculosis has been prevalent in less than 0.1 percent of the total 
number of herds of captive cervids in the State or zone for the most 
recent year.
    Based on the information available to us, we believe the following 
zone meets the conditions in the preceding paragraph and, therefore, we 
are proposing to classify it as modified accredited: 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.
    Accreditation preparatory States and zones. In proposed Sec. 77.20, 
an accreditation preparatory State or zone for captive cervids is 
defined as a State or zone that is or is part of a State that has the 
authority to enforce and complies with the UMR, and in which 
tuberculosis is prevalent in less than 0.5 percent of the total number 
of herds of captive cervids in the State or zone.
    Based on the information available to us, we believe the following 
States meet the conditions in the preceding paragraph and, therefore, 
we are proposing to classify them as accreditation preparatory: 
Alabama, Arkansas, Connecticut, Delaware, Illinois, Iowa, Maryland, 
Massachusetts, New Mexico, Ohio, Puerto Rico, Rhode Island, the Virgin 
Islands of the United States, and West Virginia.
    Nonaccredited States and zones. In proposed Sec. 77.20, a 
nonaccredited State or zone for captive cervids is defined as a State 
or zone that is or is part of a State that does not meet the standards 
of the UMR or in which tuberculosis is prevalent in 0.5 percent or more 
of the total number of herds of captive cervids in the State or zone.
    Based on the information available to us, we do not believe that 
any States or zones meet the criteria for nonaccredited status.

Captive Cervids From Unclassified Herds

    Under the current regulations, the interstate movement requirements 
for captive cervids are based on the status of the herds the animals 
are part of. The four categories of herds for captive cervids under the 
current regulations are accredited, qualified, monitored, and 
unclassified. As noted above, we are proposing to allow captive cervids 
to be moved interstate according to the applicable State or zone 
movement requirements or the applicable individual herd requirements, 
whichever are less restrictive.
    We are proposing however, to make a change to the provisions 
governing the movement from unclassified herds. Under the current 
regulations, cervids that are not known to be infected with or exposed 
to tuberculosis and that are from unclassified herds may be moved 
interstate if the cervids have tested negative to two official 
tuberculosis tests conducted no less than 90 days apart, provided the 
second test was conducted within 90 days prior to the date of movement.
    Although we believe that the two tests currently required for 
unclassified herds are adequate to address the tuberculosis risk in 
certain States, that testing requirement would not adequately address 
the risk posed by animals moving from States or zones of relatively 
higher risk--e.g., those States or zones that would be classified as 
accreditation preparatory or nonaccredited with regard to captive 
cervids.
    Therefore, we are proposing to amend the conditions for interstate 
movement from unclassified herds (set forth in Sec. 77.15 of the 
current regulations and Sec. 77.38 of this proposed rule) to remove the 
provision that captive cervids from unclassified herds may move 
interstate following two negative tests 90 days apart. By removing this 
provision, we would make cervids from an unclassified herd subject to 
the movement requirements for the State or zone in which the herd is 
located.

Captive Cervids Moved for Exhibition

    We are also proposing to amend the interstate movement requirements 
for captive cervids from a qualified herd in order to address the 
movement of cervids solely for exhibition. Under the regulations, to be 
eligible for qualified herd status, all captive cervids in the herd 
eligible for testing must have tested negative to an official 
tuberculosis test. Additionally, a captive cervid moved interstate from 
a qualified herd must be accompanied by a certificate that states that 
the cervid has tested negative to an official tuberculosis test 
conducted within 90 days prior to the date of movement.
    Certain cervids, however, are moved interstate only for a limited 
period of time for exhibition and do not necessarily come into contact 
with other livestock. If the cervids are from a qualified herd, which 
means that they have already been tested negative once, and are kept 
isolated from other livestock after they leave the premises of origin, 
we believe they can be moved interstate for a limited period of time 
for exhibition with minimal risk of transmitting tuberculosis.
    Therefore, we are proposing in Sec. 77.36(b)(4) that captive 
cervids from a qualified herd moved interstate for the purpose of 
exhibition only may be moved without testing, provided they are 
returned to the premises of origin no more than 90 days after leaving 
the premises, have no contact with other livestock during movement and 
exhibition, and are accompanied by a certificate that includes a 
statement that the captive cervid is from a qualified

[[Page 11922]]

herd and will meet the requirements of this paragraph.

Changes to Definitions

    We are proposing to revise certain of the definitions currently 
used in the regulations in order to clarify our intent regarding those 
definitions and to make those that would be used regarding cattle, 
bison, and goats consistent with those that would be used regarding 
captive cervids.
    Certificate: Throughout the current regulations for both cattle and 
bison and captive cervids, the term ``certificate'' is used a number of 
times. Our intent is to apply the same definition to that term wherever 
it is used in part 77.
    Currently, there is a definition of certificate in Sec. 77.1 
regarding cattle and bison. Although there is currently no definition 
of certificate in Sec. 77.8 regarding captive cervids, there is a 
description in Sec. 77.9(c) of the information that must be included on 
a certificate. Certain of the information included under the definition 
in Sec. 77.1 is not included in the description in Sec. 77.9(c). Our 
intent, however, is to require that the basic information supplied on a 
certificate regarding captive cervids be the same as that supplied 
regarding cattle, bison, and goats. Therefore, we are moving the 
definition of certificate from the current cattle and bison definitions 
to revised Sec. 77.2, which would include definitions applicable to all 
of part 77. We would define certificate to mean an official document 
issued by an APHIS representative, a State representative, or an 
accredited veterinarian at the point of origin of a shipment of 
livestock to be moved under this part, which shows the identification 
tag, tattoo, or registration number or similar identification of each 
animal to be moved; the number, breed, sex, and approximate age of the 
animals covered by the document; the purpose for which the animals are 
to be moved; the date and place of issuance; the points of origin and 
destination; the consignor and the consignee; and which states that the 
animal or animals identified on the certificate meet the requirements 
of part 77.
    Official seal. Both the current and proposed regulations refer to 
means of conveyance that are ``officially sealed.'' There is no 
definition of officially sealed in current Sec. 77.8 regarding captive 
cervids. The definition in current Sec. 77.1 regarding cattle and bison 
reads ``a seal issued by a State or APHIS representative.'' In 9 CFR 
part 78, which contains the regulations dealing with brucellosis in 
domestic livestock, there is a definition of ``official seal'' that 
more precisely clarifies our intent regarding that term. Therefore, we 
are proposing to use that definition in proposed Sec. 77.2 to apply to 
all of part 77. ``Official seal'' as used in part 77 would mean a seal 
issued by a State or APHIS representative, consisting of a serially 
numbered, metal or plastic strip, with a self-locking device on one end 
and a slot on the other end, which forms a loop when the ends are 
engaged and that cannot be reused if opened, or a serially numbered, 
self-locking button that can be used for this purpose.
    We are also proposing to revise the definition of officially 
identified. That term is currently used in the regulations regarding 
cattle and bison and also in this proposed rule regarding cattle, 
bison, goats, and captive cervids. Under the current regulations, an 
animal that is officially identified is identified by means of an 
official eartag, individual tattoo, or individual hot brand. Our intent 
with regard to such animals is that they be identified so as to provide 
unique identification of each animal, to allow for traceback of an 
animal to its source in the event of disease detection. We are 
proposing to revise the definition of officially identified to make 
that intent clear.
    Additionally, we are proposing to revise the definition of captive 
cervid. In summary, the current definition includes all cervids raised 
or maintained in captivity for the production of meat and other 
agricultural products, for sport, or for exhibition. The current 
definition does not cover wild cervids that are not raised or 
maintained in captivity but that are moved interstate, such as those 
that are moved from one location to another in order to establish or 
expand a wild population in the destination location. We believe that 
not applying the regulations to the movement of such cervids creates an 
unacceptable risk of infected animals being transported interstate. 
Therefore, we are proposing to revise the definition of captive cervid 
to include all cervids, including wild cervids, that are moved 
interstate.
    The current regulations with regard to captive cervids include 
definitions of official tuberculin tests. In these definitions, 
reference is made to ``PPD'' tuberculin. The acronym ``PPD'' stands for 
``purified protein derivative.'' To make clear to the reader what we 
mean by PPD, we are adding a definition of purified protein derivative 
(PPD) to mean protein extract from an M. bovis culture that is 
resuspended in solution at a standard concentration of 1 mg protein per 
1 ml of solution.
    Additionally, certain other terms are used currently in both the 
provisions regarding cattle and bison, and those regarding captive 
cervids, but are defined in only one of the two current subparts in 
part 77. For consistency, we are adding those definitions to the new 
Sec. 77.2 to apply to all of part 77. Those definitions that are 
applicable only to cattle, bison, and goats, or to captive cervids 
would be set forth in the subpart that deals specifically with the 
animals in question.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    Bovine tuberculosis is a communicable disease of cattle, bison, 
cervids and other species, including humans, and results in losses in 
meat and milk production and sterility among infected animals. The 
Cooperative State-Federal Tuberculosis Eradication program has 
virtually eliminated bovine tuberculosis from the Nation's livestock 
population. However, we believe changes to the tuberculosis regulations 
are needed to further the efforts toward complete eradication.
    Currently, the tuberculosis regulations define State risk status 
levels for cattle and bison. However, the status levels provide only 
for three broadly drawn classifications of risk, and two of the 
classifications carry no restrictions on the interstate movement of 
cattle and bison not known to be infected with tuberculosis. The 
regulations do not provide status levels for captive cervids; nor do 
they apply to goats. This proposed rule would increase the number of 
risk classifications, establish risk classifications for States and 
zones with regard to captive cervids, and apply the regulations to 
goats. The classification of a State or zone with regard to cattle, 
bison, and goats would not necessarily be the same as its 
classification with regard to captive cervids. Under this proposed 
rule, the five possible risk classifications would be accredited free, 
modified accredited advanced, modified accredited, accreditation 
preparatory, and nonaccredited.

Cattle, Bison, and Goats

    In 1998, the total number of cattle and bison in the United States 
was approximately 99.5 million, valued at approximately $58.6 billion. 
That year, there were 1,115,650 U.S. operations with cattle and bison. 
Over 98.5 percent of these operations had a gross cash

[[Page 11923]]

value of less than $500,000. There were 63,806 goat producers in the 
United States, who raised about 1.99 million animals valued at 
approximately $74 million. These goat holdings vary in size and degree 
of commercialization, with many producers relying on other sources of 
income. Most, if not all, goat operations are relatively small and earn 
less than $500,000.
    The U.S. cattle industry plays a very significant role in 
international trade. In 1998, the total earnings from exports of live 
cattle, beef and veal were approximately $ 2.6 billion. The U.S. 
competitiveness 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 eradicated in this 
country. The product, as well as purchasers' perceptions of quality, 
contributes 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.
    Currently, with regard to tuberculosis State or zone classification 
for cattle, bison, and goats, there are 47 accredited-free States, plus 
Puerto Rico and the Virgin Islands of the United States. As a result of 
this rule change, one modified accredited State (New Mexico) would 
become accredited free, bringing the total to 48 States that are 
entirely accredited free. A currently modified accredited State (Texas) 
would be classified as modified accredited advanced. One State 
(Michigan) is accredited free except for a single zone, which is 
nonmodified accredited. The zone in Michigan currently classified as 
accredited free would retain that status, and the zone in Michigan 
currently classified as nonmodified accredited would be classified as 
modified accredited.
    The primary difference among the restrictions on interstate 
movement from the different proposed classifications is how many, if 
any, tuberculin tests with negative results the animal to be moved must 
undergo. The same test is used for cattle, bison, goats, and cervids 
and the cost of tuberculin testing for an average-sized herd is $380. 
The approximate per animal testing cost is $4.30, compared to an 
average value of approximately $600 for a head of cattle, $1,500 for a 
bison, and $40 for a goat.
    Under this proposed rule, even though the status of a zone in 
Michigan would change, the testing requirements for cattle and bison 
moved interstate from that zone would be the same as under the current 
regulations. For Texas, the only change in testing requirements for 
cattle and bison moved interstate would be the addition of one test for 
breeding animals. Additionally, goats not from an accredited herd that 
are to be moved interstate would have to be tested once with negative 
results.
    The cost of the required testing would depend on the number of 
animals to be moved interstate. Although we do not know how many 
cattle, bison, and goats are currently moved interstate from Texas from 
herds that are not accredited, the cost of a test per animal under this 
proposed rule would be less than 1 percent of the value of an average 
head of cattle and an even smaller percentage of the value of a bison. 
Although the cost of a test for a goat would constitute a greater 
percentage of its value, the test requirement would apply only to the 
fraction of animals moved interstate, and of that number, only to those 
animals not part of an accredited herd.

Captive Cervids

    We are also proposing to establish five risk classifications for 
States and zones with regard to captive cervids: Accredited free, 
modified accredited advanced, modified accredited, accreditation 
preparatory, and nonaccredited. According to the new classification 
system, there would be 24 accredited-free States, 13 modified 
accredited advanced States, 12 accreditation preparatory States (and 
Puerto Rico and the Virgin Islands of the United States), and one State 
that has a modified accredited advanced zone and an accredited-free 
zone. There are 4,239 known herds of captive cervids in the United 
States, totaling about 165,200 cervids. The average market values of 
deer and elk, which together constitute virtually the entire population 
of captive cervids, are $600 and $3,500 respectively.
    The proposed accredited-free States would account for approximately 
77 percent of the known captive cervid population, modified accredited 
advanced for 11 percent, and accreditation preparatory for less than .3 
percent. The State with split status would account for 12 percent. 
Fewer than 10 percent of captive cervids are moved interstate. Those 
not moved interstate would not be subject to this proposed rule. Under 
this proposed rule, owners of captive cervids to be moved interstate 
could move their animals according to the less restrictive of either 
the animals' herd status under the current regulations or the State or 
zone status under this proposed rule. Therefore, this proposed rule 
should have no negative economic effects on the owners of captive 
cervids. Owners of herds that are not accredited but that are located 
in accredited-free States or zones could save the cost of one or two 
tests per animal. The most that would be saved per animal would be less 
than 2 percent of the value of each deer and less than 1 percent of the 
value of each elk.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be prohibited; (2) no retroactive effect will be given to this rule; 
and (3) administrative proceedings will not be required before parties 
may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507 of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 99-038-1. 
Please send a copy of your comments to: (1) Docket No. 99-038-1, 
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. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    This proposed rule would establish several new levels of 
tuberculosis risk classifications to be applied to States and zones 
within States, and would classify States and zones according to

[[Page 11924]]

their tuberculosis risk with regard to captive cervids. Additionally, 
it would specify that the regulations apply to goats as well as to 
cattle, bison, and captive cervids and increase the amount of testing 
that must be done before certain cattle, bison, and goats may be moved 
interstate.
    In order to qualify for and retain a particular risk 
classification, a State or zone would be required to file a report with 
APHIS. Additionally, for movement from any State or zone other than 
accredited-free, certain animals to be moved would have to be tested 
and, in some cases, accompanied by a certificate. If tuberculosis is 
diagnosed in an animal not covered by the regulations within any State 
or zone other than one that is classified as nonaccredited, 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 (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed 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 .30608 hours per response.
    Respondents: State animal health authorities, including State 
veterinarians and designated State tuberculosis epidemiologists.
    Estimated annual number of respondents: 250.
    Estimated annual number of responses per respondent: 8.416.
    Estimated annual number of responses: 2,104.
    Estimated total annual burden on respondents: 644 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 propose to revise 9 CFR part 77 to read as follows:

PART 77--TUBERCULOSIS

Subpart A--General Provisions
Sec.
77.1   Material incorporated by reference.
77.2   Definitions.
77.3   Tuberculosis classifications of States and zones.
77.4   Application for and retention of zones.
Subpart B--Cattle, Bison, and Goats
77.5   Definitions.
77.6   Applicability of this subpart.
77.7   Accredited-free States or zones.
77.8   Interstate movement from accredited-free States and zones.
77.9   Modified accredited advanced States or zones.
77.10   Interstate movement from modified accredited advanced States 
and zones.
77.11   Modified accredited States or zones.
77.12   Interstate movement from modified accredited States and 
zones.
77.13   Accreditation preparatory States or zones.
77.14   Interstate movement from accreditation preparatory States 
and zones.
77.15   Nonaccredited States or zones.
77.16   Interstate movement from nonaccredited States and zones.
77.17   Interstate movement of cattle, bison, and goats that are 
exposed, reactors, or suspects, or from herds containing suspects.
77.18   Other movements.
77.19   Cleaning and disinfection of premises, conveyances, and 
materials.
Subpart C--Captive Cervids
77.20   Definitions.
77.21   Applicability of this subpart.
77.22   Accredited-free States or zones.
77.23   Interstate movement from accredited-free States and zones.
77.24   Modified accredited advanced States or zones.
77.25   Interstate movement from modified accredited advanced States 
and zones.
77.26   Modified accredited States or zones.
77.27   Interstate movement from modified accredited States and 
zones.
77.28   Accreditation preparatory States or zones.
77.29   Interstate movement from accreditation preparatory States 
and zones.
77.30   Nonaccredited States or zones.
77.31   Interstate movement from nonaccredited States and zones.
77.32   General restrictions.
77.33   Testing procedures for tuberculosis in captive cervids.
77.34   Official tuberculosis tests.
77.35   Interstate movement from accredited herds.
77.36   Interstate movement from qualified herds.
77.37   Interstate movement from monitored herds.
77.38   Interstate movement from herds that are not accredited, 
qualified, or monitored.
77.39   Other interstate movements.
77.40   Procedures for and interstate movement to necropsy and 
slaughter.

    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).

Subpart A--General Provisions


Sec. 77.1  Material incorporated by reference.

    Uniform Methods and Rules--Bovine Tuberculosis Eradication. The 
Uniform Methods and Rules--Bovine Tuberculosis Eradication, January 22, 
1999, edition has been 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.
    (a) The procedures specified in the Uniform Methods and Rules--
Bovine Tuberculosis Eradication, January 22, 1999, edition must be 
followed for the interstate movement of certain animals regulated under 
this part.
    (b) Copies of the Uniform Methods and Rules--Bovine Tuberculosis 
Eradication:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC;
    (2) Are available for inspection at the APHIS reading room, room 
1141, USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC; or
    (3) May be obtained from the National Animal Health Programs, 
Veterinary Services, APHIS, 4700 River Road Unit 43, Riverdale, MD 
20737-1231.


Sec. 77.2  Definitions.

    As used in this part, the following terms shall have the meanings 
set forth in this section except as otherwise specified.
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with the provisions of part 161 of 
subchapter J to perform functions specified in subchapters B, C, and D 
of this chapter.
    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.

[[Page 11925]]

    Animal. All species of animals except man, birds, or reptiles.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Certificate. An official document issued by an APHIS 
representative, a State representative, or an accredited veterinarian 
at the point of origin of a shipment of livestock to be moved under 
this part, which shows the identification tag, tattoo, or registration 
number or similar identification of each animal to be moved; the 
number, breed, sex, and approximate age of the animals covered by the 
document; the purpose for which the animals are to be moved; the date 
and place of issuance; the points of origin and destination; the 
consignor and the consignee; and which states that the animal or 
animals identified on the certificate meet the requirements of this 
part.
    Cooperating State and Federal animal health officials. The State 
and Federal animal health officials responsible for overseeing and 
implementing the National Cooperative State/Federal Bovine Tuberculosis 
Eradication Program.
    Depopulate. To destroy all livestock in a herd by slaughter or by 
death otherwise.
    Designated tuberculosis epidemiologist (DTE). 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.
    Epidemiologic investigation. An investigation that is conducted by 
a State in conjunction with APHIS representatives, in which an official 
test for tuberculosis is conducted on all livestock in any 
tuberculosis-affected herd in a State or zone, as well as on all 
livestock in any herd into which livestock from the affected herd have 
been moved.
    Herd. 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. (A group means one or more animals.)
    Interstate. From one State into or through any other State.
    Livestock. Cattle, bison, cervids, swine, 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, as well as previously free-ranging cervids that are 
captured, identified, and moved interstate.
    Moved. Shipped, transported, or otherwise moved, or delivered or 
received for movement.
    Moved directly. Moved without stopping or unloading at livestock 
assembly points of any type. Livestock being moved directly may be 
unloaded from the means of conveyance while en route only if the 
animals are isolated so that they cannot mingle with any livestock 
other than those with which they are being shipped.
    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 seal. A seal issued by a State or APHIS representative, 
consisting of a serially numbered, metal or plastic strip, with a self-
locking device on one end and a slot on the other end, which forms a 
loop when the ends are engaged and that cannot be reused if opened, or 
a serially numbered, self-locking button that can be used for this 
purpose.
    Officially identified. Identified by means of an official eartag or 
by means of an individual tattoo or hot brand that provides unique 
identification for each animal.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, joint stock company, or other legal entity.
    State. Any State, territory, the District of Columbia, or Puerto 
Rico.
    State animal health official. The State official responsible for 
livestock and poultry disease control and eradication programs.
    State representative. A veterinarian or other person employed in 
livestock sanitary work of a State or a political subdivision of a 
State and who is authorized by such State or political subdivision of a 
State to perform the function involved under a memorandum of 
understanding with APHIS.
    Transportation document. Any document accompanying the interstate 
movement of livestock, such as an owner's statement, manifest, switch 
order, or vehicle record, on which is stated the point from which the 
animals are moved interstate, the destination of the animals, the 
number of animals covered by the document, and the name and address of 
the owner or shipper.
    Tuberculosis. The contagious, infectious, and communicable disease 
caused by Mycobacterium bovis. (Also referred to as bovine 
tuberculosis.)
    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.


Sec. 77.3  Tuberculosis classifications of States and zones.

    The Administrator shall classify each State for tuberculosis in 
accordance with this part. A zone composed of less than an entire State 
will be given a particular classification upon request of the State 
only if the Administrator determines that:
    (a) The State meets the requirements of this part for establishment 
of zones;
    (b) The State has adopted and is enforcing regulations that impose 
restrictions on the intrastate movement of cattle, bison, goats, and 
captive cervids that are substantially the same as those in place under 
this part for the interstate movement of cattle, bison, goats, and 
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.


Sec. 77.4  Application for and retention of 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 classification under this part than the rest of the State. 
The requested zones 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 the overall population of livestock 
at a 2 percent prevalence rate with 95

[[Page 11926]]

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 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, goats, and captive cervids.

Subpart B--Cattle, Bison, and Goats


Sec. 77.5  Definitions.

    As used in this subpart B, the following terms shall have the 
meanings set forth in this section except as otherwise specified.
    Accreditation preparatory State or zone. A State or zone that is or 
is part of a State that has the authority to enforce and complies with 
the provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' and in which tuberculosis is prevalent in less than 0.5 
percent of the total number of herds of cattle, bison, and goats in the 
State or zone.
    Accredited-free State or zone. A State or zone that is or is part 
of a State that has the authority to enforce and complies with the 
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication,'' has zero percent prevalence of affected cattle, bison, 
and goat herds, and has had no findings of tuberculosis in any cattle, 
bison, or goats in the State or zone for the previous 5 years. Except 
that: The requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last affected herd in States or zones that were 
previously accredited free and in which all herds affected with 
tuberculosis were depopulated, 3 years in all other States or zones 
that have depopulated all affected herds, and 3 years in States or 
zones that have conducted surveillance that demonstrates that other 
livestock herds and wildlife are not at risk of being infected with 
tuberculosis, as determined by the Administrator based on a risk 
assessment conducted by APHIS.
    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, bison, and goats in a herd must be free 
from tuberculosis.
    Affected herd. A herd in which tuberculosis has been disclosed in 
any cattle, bison, or goats by an official tuberculin test or by 
postmortem examination.
    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.
    Approved slaughtering establishment. A slaughtering establishment 
operating under the provisions of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) or a State-inspected slaughtering establishment 
that has inspection by a State inspector at the time of slaughter.
    Cattle, bison, and goats not known to be affected. All cattle, 
bison, and goats except those originating from tuberculosis affected 
herds or from herds containing tuberculosis suspect cattle, bison, or 
goats.
    Department. The U.S. Department of Agriculture (USDA).
    Exposed cattle, bison, and goats. Cattle, bison, and goats, except 
reactor cattle, bison, and goats, that are part of an affected herd.
    Modified accredited State or zone. A State or zone that is or is 
part of a State that has the authority to enforce and complies with the 
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' and in which tuberculosis has been prevalent in less than 
0.1 percent of the total number of herds of cattle, bison, and goats in 
the State or zone for the most recent year. Except that: The 
Administrator, upon his or her review, may allow a State or zone with 
fewer than 10,000 herds to have up to 10 affected herds for the most 
recent year, depending on the veterinary infrastructure, livestock 
demographics, and tuberculosis control and eradication measures in the 
State or zone.
    Modified accredited advanced State or zone. A State or zone that is 
or is part of a State that has the authority to enforce and 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, 
bison, and goats in the State or zone for each of 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, bison, and goats. Cattle, bison, and goats 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.
    Nonaccredited State or zone. A State or zone that is or is part of 
a State that does not meet the standards of the ``Uniform Methods and 
Rules--Bovine Tuberculosis Eradication'' or in which tuberculosis is 
prevalent in 0.5 percent or more of the total number of herds of 
cattle, bison, and goats in the State or zone.
    Official tuberculin test. Any test for tuberculosis conducted on 
cattle, bison, or goats in accordance with the ``Uniform Methods and 
Rules--Bovine Tuberculosis Eradication.''
    Permit. An official document issued for movement of cattle, bison, 
or goats under this part by an APHIS representative, State 
representative, or an accredited veterinarian at the point of origin of 
a shipment of cattle, bison, or goats to be moved directly to 
slaughter, that shows the tuberculosis status of each animal (reactor, 
suspect, or exposed), the eartag number of each animal and the name of 
the owner of such animal, the establishment to which the animals are to 
be moved, the purpose for which the animals are to be moved, and that 
they are eligible for such movement under the applicable provisions of 
Secs. 77.17 and 77.18.
    Reactor cattle, bison, and goats. Cattle, bison, and goats that are 
classified as reactors for tuberculosis in accordance with the 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication.''
    Suspect cattle, bison, and goats. Cattle, bison, and goats 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, which is incorporated by 
reference at Sec. 77.1.
    Zero percent prevalence. No finding of tuberculosis in any cattle, 
bison, or goat herd in a State or zone.


Sec. 77.6  Applicability of this subpart.

    All references in this subpart to the tuberculosis status of States 
and zones

[[Page 11927]]

pertain to such status for cattle, bison, and goats only.


Sec. 77.7  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 Mexico, 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. 77.11(b).
    (c) If an affected herd is detected in a State or zone classified 
as accredited-free, and the herd is depopulated and an epidemiologic 
investigation is completed within 90 days of the detection of the 
affected herd with no evidence of the spread of tuberculosis, the State 
or zone may retain its accredited-free status. If two or more affected 
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 
modified accredited advanced, modified accredited, accreditation 
preparatory, or nonaccredited.
    (d) If any livestock other than cattle, bison, or goats 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 is 
incorporated by reference at Sec. 77.1, to those other livestock in the 
same manner as to cattle, bison, and goats. Failure to do so will 
result in reclassification of the State or zone as modified accredited 
advanced.
    (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 implement 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, wildlife and 
animals held for exhibition, the prevention of the spread of the 
disease to other livestock, wildlife and animals held for exhibition, 
increased surveillance of tuberculosis in wildlife and animals held for 
exhibition, 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 implement such a plan within the required 6 months, the State 
or zone will lose its accredited-free status and will be reclassified 
as modified accredited advanced.
    (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 the provisions of the ``Uniform Methods 
and Rules--Bovine Tuberculosis Eradication.'' The report must be 
submitted to APHIS each year between October 1 and November 30.


Sec. 77.8  Interstate movement from accredited-free States and zones.

    Cattle, bison, or goats that originate in an accredited-free State 
or zone may be moved interstate without restriction.


Sec. 77.9  Modified accredited advanced States or zones.

    (a) The following are modified accredited advanced States: Texas.
    (b) The following are modified accredited zones: None.
    (c) If any livestock other than cattle, bison, or goats 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 is 
incorporated by reference at Sec. 77.1, for such newly assembled herds 
to those other livestock in the same manner as to cattle, bison, and 
goats. Failure to do so will result in the removal of the State or zone 
from the list of modified accredited advanced States or zones and its 
being reclassified as modified accredited.
    (d) If tuberculosis is diagnosed within a modified accredited 
advanced 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 implement 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, wildlife and animals held for exhibition, the prevention of 
the spread of the disease to other livestock, wildlife and animals held 
for exhibition, increased surveillance of tuberculosis in wildlife and 
animals held or exhibition, 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 implement such a plan within the required 6 
months, the State or zone will be reclassified as modified accredited.
    (e) Modified accredited advanced State or zone status must be 
renewed annually. To qualify for renewal of a modified accredited 
advanced State or zone status, a State must submit an annual report to 
APHIS certifying that the State or zone complies with the provisions of 
the ``Uniform Methods and Rules--Bovine Tuberculosis Eradication.'' 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 
advanced State or zone must demonstrate to the Administrator that it 
complies with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication,'' has zero percent prevalence of affected 
cattle and bison herds, and has had no findings of tuberculosis in any 
cattle, bison, or goats in the State or zone for the previous 5 years. 
Except that: The requirement of freedom from tuberculosis is 2 years 
from the depopulation of the last affected herd in States or zones that 
were previously accredited free and in which all herds affected with 
tuberculosis were depopulated, 3 years in all other States or zones 
that have depopulated all affected herds, and 3 years in States or 
zones that have conducted surveillance that demonstrates that other 
livestock herds and wildlife are not at risk of being infected with 
tuberculosis, as determined by the Administrator based on a risk 
assessment conducted by APHIS.


Sec. 77.10  Interstate movement from modified accredited advanced 
States and zones.

    Cattle, bison, or goats that originate in a modified accredited 
advanced State or

[[Page 11928]]

zone, and that are not known to be infected with or exposed to 
tuberculosis, may be moved interstate only under one of the following 
conditions:
    (a) The cattle, bison, or goats are moved interstate directly to 
slaughter to an approved slaughtering establishment.
    (b) If the cattle or bison are steers or spayed heifers, or are 
officially identified sexually intact heifers moved to an approved 
feedlot, they may be moved interstate without restriction.
    (c) Cattle, bison, or goats that are from an accredited herd may be 
moved interstate if they are accompanied by a certificate stating that 
the accredited herd has completed the testing necessary for accredited 
status with negative results within 1 year prior to the date of 
movement.
    (d) If the cattle, bison, or goats 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 an official 
tuberculin test conducted within 60 days prior to the date of movement. 
All cattle, bison, and goats so moved that are not individually 
identified by a registration name and number must be officially 
identified.


Sec. 77.11  Modified accredited States or zones.

    (a) The following are modified accredited States: None.
    (b) The following are modified 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) If any livestock other than cattle, bison, or goats 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 is 
incorporated by reference at Sec. 77.1, 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 accreditation preparatory.
    (d) 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 implement 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, wildlife and 
animals held for exhibition, the prevention of the spread of the 
disease to other livestock, wildlife and animals held for exhibition, 
increased surveillance of tuberculosis in wildlife and animals held for 
exhibition, 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 implement such a plan within the required 6 months, the State 
or zone will be reclassified as accreditation preparatory.
    (e) Modified accredited State or zone status must be renewed 
annually. To qualify for renewal of a modified accredited State or zone 
status, a State must submit an annual report to APHIS certifying that 
the State or zone complies with the provisions of the ``Uniform Methods 
and Rules--Bovine Tuberculosis Eradication.'' The report must be 
submitted to APHIS each year between October 1 and November 30.
    (f) To qualify for modified accredited advanced status, a modified 
accredited State or zone must demonstrate to the Administrator 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, bison, 
and goats 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. 77.12  Interstate movement from modified accredited States and 
zones.

    Cattle, bison, or goats that originate in a modified accredited 
State or zone, and that are not known to be infected with or exposed to 
tuberculosis, may be moved interstate only under one of the following 
conditions:
    (a) The cattle, bison, or goats are moved interstate directly to 
slaughter to an approved slaughtering establishment.
    (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 conducted 
within 60 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 officially identified.
    (c) Cattle, bison, or goats that are from an accredited herd may be 
moved interstate if they are accompanied by a certificate stating that 
the accredited herd has completed the testing necessary for accredited 
status with negative results within 1 year prior to the date of 
movement.
    (d) If the cattle, bison, or goats 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 60 days prior to 
the date of movement. All cattle, bison, and goats so moved that are 
not individually identified by a registration name and number must be 
officially identified.


Sec. 77.13  Accreditation preparatory States or zones.

    (a) The following are accreditation preparatory States: None.
    (b) The following are accreditation preparatory zones: None.
    (c) If any livestock other than cattle, bison, or goats 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 is 
incorporated by reference at Sec. 77.1, 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 accreditation preparatory States or zones and its being 
reclassified as nonaccredited.
    (d) If tuberculosis is diagnosed within an accreditation 
preparatory 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 implement a tuberculosis management plan, 
approved jointly by the State animal health official and the 
Administrator, within 6 months of the

[[Page 11929]]

diagnosis. The management plan must include provisions for immediate 
investigation of tuberculosis in livestock, wildlife and animals held 
for exhibition, the prevention of the spread of the disease to other 
livestock, wildlife and animals held for exhibition, increased 
surveillance of tuberculosis in wildlife and animals held for 
exhibition, 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 implement such a plan within the required 6 months, the State 
or zone will be reclassified as nonaccredited.
    (e) Accreditation preparatory State or zone status must be renewed 
annually. To qualify for renewal of accreditation preparatory State or 
zone status, a State must submit an annual report to APHIS certifying 
that the State or zone complies with the provisions of the ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication.'' The report must 
be submitted to APHIS each year between October 1 and November 30.
    (f) To qualify for modified accredited status, an accreditation 
preparatory State or zone must demonstrate to the Administrator that it 
complies with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication'' and that tuberculosis has been prevalent in 
less than 0.1 percent of the total number of herds of cattle, bison, 
and goats in the State or zone for the most recent year. Except that: 
The Administrator, upon his or her review, may allow a State or zone 
with fewer than 10,000 herds to have up to 10 affected herds for the 
most recent year, depending on the veterinary infrastructure, livestock 
demographics, and tuberculosis control and eradication measures in the 
State or zone.


Sec. 77.14  Interstate movement from accreditation preparatory States 
and zones.

    Cattle, bison, or goats that originate in an accreditation 
preparatory State or zone, and that are not known to be infected with 
or exposed to tuberculosis, may be moved interstate only under one of 
the following conditions:
    (a) The cattle, bison, or goats are moved interstate for slaughter 
directly to an approved slaughtering establishment.
    (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 two official tuberculin tests 
conducted at least 60 days apart and no more than 6 months apart, with 
the second test conducted within 60 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 officially identified.
    (c) Cattle, bison, or goats that are from an accredited herd may be 
moved interstate if they are accompanied by a certificate stating that 
the accredited herd has completed the testing necessary for accredited 
status with negative results within 1 year prior to the date of 
movement, and that the animals to be moved have been classified 
negative to an official tuberculin test conducted within 60 days prior 
to the date of movement. All cattle, bison, and goats that are so moved 
that are not individually identified by a registration name and number 
must be officially identified.
    (d) If the cattle, bison, or goats are breeding animals that are 
not from an accredited herd, they must be accompanied by a certificate 
stating that they originated in a herd that has undergone a 
tuberculosis herd test with negative results conducted within 1 year 
prior to the date of movement and that the animals to be moved have 
been classified negative to two additional official tuberculin tests 
conducted at least 60 days apart and no more than 6 months apart, with 
the second test conducted within 60 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 officially identified.


Sec. 77.15  Nonaccredited States or zones.

    (a) The following are nonaccredited States: None.
    (b) The following are nonaccredited zones: None.
    (c) To qualify for accreditation preparatory status, a 
nonaccredited State or zone must demonstrate to the Administrator that 
it complies with the provisions of the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication'' and that tuberculosis is prevalent in 
less than 0.5 percent of the total number of herds of cattle, bison, 
and goats in the State or zone.


Sec. 77.16  Interstate movement from nonaccredited States and zones.

    Cattle, bison, or goats that originate in a nonaccredited State or 
zone, and that are not known to be infected with or exposed to 
tuberculosis, may be moved interstate only under one of the following 
conditions:
    (a) The cattle, bison, or goats are accompanied by VS Form 1-27 and 
are moved interstate for slaughter in an officially sealed means of 
conveyance directly to an approved slaughtering establishment.
    (b) The cattle, bison, or goats are from an accredited herd and are 
accompanied by a certificate stating that the accredited herd has 
completed the testing necessary for accredited status with negative 
results within 1 year prior to the date of movement, and that the 
cattle, bison, and goats have been classified negative to an official 
tuberculin test conducted within 60 days prior to the date of movement.


Sec. 77.17  Interstate movement of cattle, bison, and goats that are 
exposed, reactors, or suspects, or from herds containing suspects.

    (a) Reactor cattle, bison, and goats. Cattle, bison, or goats that 
have been classified as reactor cattle, bison, or goats may be moved 
interstate only if they are moved directly to slaughter at an approved 
slaughtering establishment and only in accordance with the following 
conditions:
    (1) Reactor cattle, bison, and goats must be individually 
identified by attaching to the left ear an approved metal eartag 
bearing a serial number and the inscription ``U.S. Reactor'', or a 
similar State reactor tag, and must be:
    (i) Branded with the letter ``T,'' at least 5 by 5 centimeters (2 
by 2 inches) in size, high on the left hip near the tailhead; or
    (ii) Permanently identified with the letters ``TB'' tattooed 
legibly in the left ear and sprayed with yellow paint on the left ear 
and either accompanied directly to slaughter by an APHIS or State 
representative or moved directly to slaughter in vehicles closed with 
official seals. Such official seals must be applied and removed by an 
APHIS representative, State representative, accredited veterinarian, or 
an individual authorized for this purpose by an APHIS representative.
    (2) The reactor cattle, bison, or goats must be accompanied by a 
permit; and
    (3) The reactor cattle, bison, or goats may not be moved interstate 
in a means of conveyance containing any animals susceptible to 
tuberculosis unless all of the animals are being moved directly to 
slaughter; and
    (4) Any person who moves reactor cattle, bison, or goats interstate 
under this paragraph must plainly write or stamp upon the face of the 
transportation document the words ``Tuberculin Reactor'' and the 
following statement: ``This conveyance must be cleaned and disinfected 
in accordance with 9 CFR 77.17(a)(5).''; and
    (5) Each means of conveyance in which reactor cattle, bison, or 
goats

[[Page 11930]]

have been transported interstate under this paragraph must be cleaned 
and disinfected by the carrier, in accordance with the provisions of 
Secs. 71.6, 71.7, and 71.10 of this subchapter, under the supervision 
of an APHIS representative or State representative or an accredited 
veterinarian or other person designated by the Administrator. If, at 
the point where the cattle, bison, or goats are unloaded, such 
supervision or proper cleaning and disinfecting facilities are not 
available, and permission is obtained from an APHIS representative or 
State representative, the empty means of conveyance may be moved to a 
location where such supervision and facilities are available for 
cleaning and disinfecting. Permission will be granted if such movement 
does not present a risk of disseminating tuberculosis.
    (b) Exposed cattle, bison, and goats. Except for the movement of 
exposed cattle to a quarantined feedlot in accordance with Sec. 50.16 
of this chapter, exposed cattle, bison, or goats may be moved 
interstate only if they are moved directly to slaughter to an approved 
slaughtering establishment and only in accordance with the following 
conditions:
    (1) Exposed cattle, bison, and goats must be individually 
identified by attaching to either ear an approved metal eartag bearing 
a serial number and must be:
    (i) Branded with the letter ``S,'' at least 5 by 5 centimeters (2 
by 2 inches) in size, high on the left hip near the tailhead; or
    (ii) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (iii) Moved directly to slaughter in vehicles closed with official 
seals. Such official seals must be applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative.
    (2) The exposed cattle, bison, and goats must be moved in 
accordance with paragraphs (a)(2), (a)(3), and (a)(5) of this section.
    (c) Suspect cattle, bison, and goats. Suspect cattle, bison, or 
goats from herds in which no reactor cattle, bison, or goats have been 
disclosed on an official tuberculin test, as well as negative cattle, 
bison or goats from such herds, may be moved interstate only if they 
are moved directly to slaughter to an approved slaughtering 
establishment.

    (Approved by the Office of Management and Budget under control 
number 0579-0051)


Sec. 77.18  Other movements.

    The Administrator may, with the concurrence of the livestock 
sanitary official of the State of destination, upon request in specific 
cases, allow the interstate movement of cattle, bison, or goats not 
otherwise provided for in this part that have not been classified as 
reactor cattle, bison, or goats and are not otherwise known to be 
affected with tuberculosis, under such conditions as the Administrator 
may prescribe in each specific case to prevent the spread of 
tuberculosis. The Administrator shall promptly notify the appropriate 
livestock sanitary official of the State of destination of any such 
action.


Sec. 77.19  Cleaning and disinfection of premises, conveyances, and 
materials.

    All conveyances and associated equipment, premises, and structures 
that are used for receiving, holding, shipping, loading, unloading, and 
delivering cattle, bison, or goats in connection with their interstate 
movement and that are determined by cooperating State and Federal 
animal health officials to be contaminated because of occupation or use 
by tuberculous or reactor livestock must be cleaned and disinfected 
under the supervision of the cooperating State or Federal animal health 
officials. Such cleaning and disinfecting must be done in accordance 
with procedures approved by the cooperating State or Federal animal 
health officials. Cleaning and disinfection must be completed before 
the premises, conveyances, or materials may again be used to convey, 
hold, or in any way come in contact with any livestock.

Subpart C--Captive Cervids


Sec. 77.20  Definitions.

    As used in subpart C, the following terms shall have the meanings 
set forth in this section except as otherwise specified.
    Accreditation preparatory State or zone. A State or zone that is or 
is part of a State that has the authority to enforce and complies with 
the provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' and in which tuberculosis is prevalent in less than 0.5 
percent of the total number of herds of captive cervids in the State or 
zone.
    Accredited-free State or zone. A State or zone that is or is part 
of a State that has the authority to enforce and complies with the 
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication,'' has zero percent prevalence of affected captive cervid 
herds, and has had no findings of tuberculosis in any captive cervids 
in the State or zone for the previous 5 years. Except that: The 
requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last affected herd in States or zones that were 
previously accredited free and in which all herds affected with 
tuberculosis were depopulated, 3 years in all other States or zones 
that have depopulated all affected herds, and 3 years in States or 
zones that have conducted surveillance that demonstrates that other 
livestock herds and wildlife are not at risk of being infected with 
tuberculosis, as determined by the Administrator based on a risk 
assessment conducted by APHIS.
    Accredited herd. A herd of captive cervids that has tested negative 
to at least three consecutive official tuberculosis tests of all 
eligible captive cervids in accordance with Sec. 77.33(f) and that 
meets the standards set forth in Sec. 77.35. The tests must be 
conducted at 9-15 month intervals.
    Affected herd. A herd of captive cervids that contains or that has 
contained one or more captive cervids infected with Mycobacterium bovis 
(determined by bacterial isolation of M. bovis) and that has not tested 
negative to the three whole herd tests as prescribed in Sec. 77.39(d).
    Blood tuberculosis (BTB) test. A supplemental test for tuberculosis 
in cervids.
    Captive cervid. All species of deer, elk, moose, and all other 
members of the family Cervidae raised or maintained in captivity for 
the production of meat and other agricultural products, for sport, or 
for exhibition, or any cervid (either wild or raised or maintained in 
captivity) that is moved interstate. A captive cervid that escapes will 
continue to be considered a captive cervid as long as it bears an 
official eartag or other identification approved by the Administrator 
as unique and traceable with which to trace the animal back to its herd 
of origin.
    Comparative cervical tuberculin (CCT) test. The intradermal 
injection of biologically balanced USDA bovine PPD tuberculin and avian 
PPD tuberculin at separate sites in the mid-cervical area to determine 
the probable presence of bovine tuberculosis (M. bovis) by comparing 
the response of the two tuberculins at 72 hours (plus or minus 6 hours) 
following injection.
    Designated accredited veterinarian. An accredited veterinarian who 
is trained and approved by cooperating State and Federal animal health 
officials to conduct the single cervical tuberculin (SCT) test on 
captive cervids.

[[Page 11931]]

    Exposed captive cervid. Any captive cervid that has been exposed to 
tuberculosis by reason of associating with captive cervids, cattle, 
bison, or other livestock from which M. bovis has been isolated.
    Modified accredited State or zone. A State or zone that is or is 
part of a State that has the authority to enforce and complies with the 
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' and in which tuberculosis has been prevalent in less than 
0.1 percent of the total number of herds of captive cervids in the 
State or zone for the most recent year. Except that: The Administrator, 
upon his or her review, may allow a State or zone with fewer than 
10,000 herds to have up to 10 affected herds for the most recent year, 
depending on the veterinary infrastructure, livestock demographics, and 
tuberculosis control and eradication measures in the State or zone.
    Modified accredited advanced State or zone. A State or zone that is 
or is part of a State that has the authority to enforce and 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 captive 
cervids 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.
    Monitored herd. A herd on which identification records are 
maintained on captive cervids inspected for tuberculosis at an approved 
slaughtering establishment or an approved diagnostic laboratory and on 
captive cervids tested for tuberculosis in accordance with interstate 
movement requirements, and which meets the standards set forth in 
Sec. 77.37.
    Negative. Showing no response to the SCT test or the CCT test, 
classified by the testing laboratory as ``avian'' or ``negative'' on 
the BTB test, or classified negative for tuberculosis by the testing 
veterinarian based upon history, supplemental tests, examination of the 
carcass, and histopathology and culture of selected tissues.
    No gross lesions (NGL). Having no visible lesions indicative of 
bovine tuberculosis detected upon necropsy or slaughter inspection.
    Nonaccredited State or zone. A State or zone that is or is part of 
a State or zone that does not meet the standards of the ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication'' or in which 
tuberculosis is prevalent in 0.5 percent or more of the total number of 
herds of captive cervids in the State or zone.
    Official tuberculosis test. Any of the following tests for bovine 
tuberculosis in captive cervids, applied and reported in accordance 
with this part:
    (1) The single cervical tuberculin (SCT) test;
    (2) The comparative cervical tuberculin (CCT) test; and
    (3) The blood tuberculosis (BTB) test.
    Permit. An official document issued by a representative of APHIS, a 
State representative, or an accredited veterinarian that must accompany 
any reactor, suspect, or exposed captive cervid moved interstate.
    Purified protein derivative (PPD). Protein extract from an M. bovis 
culture that is resuspended in solution at a standard concentration of 
1 mg protein per 1 ml of solution.
    Qualified herd. A herd of captive cervids that has tested negative 
to at least one official tuberculosis test of all eligible captive 
cervids (see Sec. 77.33(f)) within the past 12 months and that is not 
classified as an accredited herd.
    Quarantine. Prohibition from interstate movement, except for 
slaughter or necropsy.
    Reactor. Any captive cervid that shows a response to the SCT test 
or the CCT test, or is classified by the testing laboratory as ``M. 
bovis positive'' on the BTB test, and is classified a reactor by the 
testing veterinarian; or any suspect captive cervid that is classified 
a reactor upon slaughter inspection or necropsy after histopathology 
and/or culture of selected tissues by the USDA or State veterinarian 
performing or supervising the slaughter inspection or necropsy.
    Regular-kill slaughter animal. An animal that is slaughtered for 
food or any reason other than because of a disease regulated under 9 
CFR chapter I (such as tuberculosis, brucellosis, or any other 
livestock disease for which movement of animals is restricted under 9 
CFR chapter I).
    Single cervical tuberculin (SCT) test. The intradermal injection of 
0.1 ml (5,000 tuberculin units) of USDA PPD bovis tuberculin in the 
mid-cervical area with a reading by visual observation and palpation at 
72 hours (plus or minus 6 hours) following injection.
    Suspect. Any captive cervid that is not negative to the SCT test or 
the CCT test, or that is classified by the testing laboratory as 
equivocal on the BTB test, and that is not classified as a reactor by 
the testing veterinarian.
    Tuberculin. A product that is approved by and produced under USDA 
license for injection into cervids and other animals for the purpose of 
detecting bovine tuberculosis.
    Tuberculous. Having lesions indicative of tuberculosis, infected 
with tuberculosis based on isolation of M. bovis, or being from a herd 
in which M. bovis has been isolated.
    USDA. The United States Department of Agriculture.
    Whole herd test. An official tuberculosis test of all test eligible 
animals in the herd.
    Zero percent prevalence. No finding of tuberculosis in any herd of 
captive cervids in a State or zone.


Sec. 77.21  Applicability of this subpart.

    All references in this subpart to the tuberculosis status of States 
and zones pertain to such status for captive cervids.


Sec. 77.22  Accredited-free States or zones.

    (a) The following are accredited-free States: None.
    (b) The following are accredited-free zones: None.
    (c) If an affected herd is detected in a State or zone classified 
as accredited-free, and the herd is depopulated and a complete 
epidemiologic investigation is completed within 120 days of the 
detection of the affected herd with no evidence of the spread of 
tuberculosis, the State or zone may retain its accredited-free status. 
If two or more affected 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 modified accredited advanced.
    (d) If any livestock other than captive cervids 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 is incorporated by 
reference at Sec. 77.1, to those other livestock in the same manner as 
to captive cervids. Failure to do so will result in reclassification of 
the State or zone as modified accredited advanced.
    (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 implement a tuberculosis management plan, approved jointly by

[[Page 11932]]

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, wildlife and 
animals held for exhibition, the prevention of the spread of the 
disease to other livestock, wildlife and animals held for exhibition, 
increased surveillance of tuberculosis in wildlife and animals held for 
exhibition, 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 implement such a plan within the required 6 months, the State 
or zone will lose its accredited-free status and will be reclassified 
as modified accredited advanced.
    (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 the provisions of the ``Uniform Methods 
and Rules--Bovine Tuberculosis Eradication.'' The report must be 
submitted to APHIS each year between October 1 and November 30.


Sec. 77.23  Interstate movement from accredited-free States and zones.

    Notwithstanding any other provisions of this part, captive cervids 
that originate in an accredited-free State or zone may be moved 
interstate without restriction.


Sec. 77.24  Modified accredited advanced States or zones.

    (a) The following are modified accredited advanced States: None.
    (b) The following are modified accredited advanced zones: None.
    (c) If any livestock other than captive cervids 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 is incorporated by 
reference at Sec. 77.1, for such newly assembled herds to those other 
livestock in the same manner as to captive cervids. Failure to do so 
will result in the removal of the State or zone from the list of 
modified accredited advanced States or zones and its being reclassified 
as modified accredited.
    (d) If tuberculosis is diagnosed within a modified accredited 
advanced 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 implement 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, wildlife and animals held for exhibition, the prevention of 
the spread of the disease to other livestock, wildlife and animals held 
for exhibition, increased surveillance of tuberculosis in wildlife and 
animals held for exhibition, 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 implement such a plan within 
the required 6 months, the State or zone will be reclassified as 
modified accredited.
    (e) Modified accredited advanced State or zone status must be 
renewed annually. To qualify for renewal of a modified accredited 
advanced 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 advanced 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 
advanced State or zone must demonstrate to the Administrator that it 
complies with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication,'' has zero percent prevalence of affected 
captive cervid herds, and has had no findings of tuberculosis in any 
captive cervids in the State or zone for the previous 5 years. Except 
that: The requirement of freedom from tuberculosis is 2 years from the 
depopulation of the last affected herd in States or zones that were 
previously accredited-free and in which all herds affected with 
tuberculosis were depopulated, 3 years in all other States or zones 
that have depopulated all affected herds, and 3 years in States or 
zones that have conducted surveillance that demonstrates that other 
livestock herds and wildlife are not at risk of being infected with 
tuberculosis, as determined by the Administrator based on a risk 
assessment conducted by APHIS.


Sec. 77.25  Interstate movement from modified accredited advanced 
States and zones.

    Captive cervids that originate in a modified accredited advanced 
State or zone, and that are not known to be infected with or exposed to 
tuberculosis, may be moved interstate only under one of the following 
conditions:
    (a) The captive cervids are moved interstate directly to slaughter 
to an approved slaughtering establishment.
    (b) Captive cervids that are from an accredited herd may be moved 
interstate if they are accompanied by a certificate stating that the 
accredited herd has completed the testing necessary for accredited 
status with negative results within 1 year prior to the date of 
movement.
    (c) If the captive cervids 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 an official tuberculin test 
conducted within 90 days prior to the date of movement. All captive 
cervids so moved that are not individually identified by a registration 
name and number must be officially identified.


Sec. 77.26  Modified accredited States or zones.

    (a) The following are modified accredited 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 Mexico, New York, North Carolina, North Dakota, Ohio, 
Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South 
Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, the Virgin 
Islands of the United States, Virginia, Washington, West Virginia, 
Wisconsin, and Wyoming.
    (b) The following are modified 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; and a zone consisting of the remainder of 
Michigan.
    (c) If any livestock other than captive cervids 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

[[Page 11933]]

test requirements contained in the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication, January 22, 1999, edition,'' which is 
incorporated by reference at Sec. 77.1, for such newly assembled herds 
to those other livestock in the same manner as to captive cervids. 
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 accreditation preparatory.
    (d) 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 implement 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, wildlife and 
animals held for exhibition, the prevention of the spread of the 
disease to other livestock, wildlife and animals held for exhibition, 
increased surveillance of tuberculosis in wildlife and animals held for 
exhibition, 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 implement such a plan within the required 6 months, the State 
or zone will be reclassified as accreditation preparatory.
    (e) Modified accredited State or zone status must be renewed 
annually. To qualify for renewal of a modified accredited State or zone 
status, a State must submit an annual report to APHIS certifying that 
the State or zone complies with the provisions of the ``Uniform Methods 
and Rules--Bovine Tuberculosis Eradication.'' The report must be 
submitted to APHIS each year between October 1 and November 30.
    (f) To qualify for modified accredited advanced status, a modified 
accredited State or zone must demonstrate to the Administrator 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 captive cervids 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. 77.27  Interstate movement from modified accredited States and 
zones.

    Except for captive cervids from a qualified herd or monitored herd, 
as provided in Secs. 77.36 and 77.37, respectively, captive cervids 
that originate in a modified accredited State or zone, and that are not 
known to be infected with or exposed to tuberculosis, may be moved 
interstate only under one of the following conditions:
    (a) The captive cervids are moved interstate directly to slaughter 
to an approved slaughtering establishment.
    (b) Captive cervids that are from an accredited herd may be moved 
interstate if they are accompanied by a certificate stating that the 
accredited herd has completed the testing necessary for accredited 
status with negative results within 1 year prior to the date of 
movement.
    (c) If the captive cervids 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 90 days apart and no more than 6 months apart, 
with the second test conducted within 90 days prior to the date of 
movement. All captive cervids so moved that are not individually 
identified by a registration name and number must be officially 
identified.


Sec. 77.28  Accreditation preparatory States or zones.

    (a) The following are accreditation preparatory States: None. 
Alabama, Arkansas, Connecticut, Delaware, Illinois, Iowa, Maryland, 
Massachusetts, New Mexico, Ohio, Puerto Rico, Rhode Island, the Virgin 
Islands of the United States, and West Virginia.
    (b) The following are accreditation preparatory zones: None.
    (c) If any livestock other than captive cervids 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 is incorporated by 
reference at Sec. 77.1, for such newly assembled herds to those other 
livestock in the same manner as to captive cervids. Failure to do so 
will result in the removal of the State or zone from the list of 
accreditation preparatory States or zones and its being reclassified as 
nonaccredited.
    (d) If tuberculosis is diagnosed within an accreditation 
preparatory 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 implement 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, wildlife and animals held for exhibition, the prevention of 
the spread of the disease to other livestock, wildlife and animals held 
for exhibition, increased surveillance of tuberculosis in wildlife and 
animals held for exhibition, 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 implement such a plan within 
the required 6 months, the State or zone will be reclassified as 
nonaccredited.
    (e) Accreditation preparatory State or zone status must be renewed 
annually. To qualify for renewal of accreditation preparatory State or 
zone status, a State must submit an annual report to APHIS certifying 
that the State or zone complies with the provisions of the ``Uniform 
Methods and Rules--Bovine Tuberculosis Eradication.'' The report must 
be submitted to APHIS each year between October 1 and November 30.
    (f) To qualify for modified accredited status, an accreditation 
preparatory State or zone must demonstrate to the Administrator that it 
complies with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication'' and that tuberculosis has been prevalent in 
less than 0.1 percent of the total number of herds of captive cervids 
in the State or zone for the most recent year. Except that: The 
Administrator, upon his or her review, may allow a State or zone with 
fewer than 10,000 herds to have up to 10 affected herds for the most 
recent year, depending on the veterinary infrastructure, livestock 
demographics, and tuberculosis control and eradication measures in the 
State or zone.


Sec. 77.29  Interstate movement from accreditation preparatory States 
and zones.

    Except for captive cervids from a qualified herd or monitored herd, 
as provided in Secs. 77.36 and 77.37, respectively, captive cervids 
that

[[Page 11934]]

originate in an accreditation preparatory State or zone, and that are 
not known to be infected with or exposed to tuberculosis, may be moved 
interstate only under one of the following conditions:
    (a) The captive cervids are moved interstate directly to slaughter 
to an approved slaughtering establishment.
    (b) Captive cervids that are from an accredited herd may be moved 
interstate if they are accompanied by a certificate stating that the 
accredited herd has completed the testing necessary for accredited 
status with negative results within 1 year prior to the date of 
movement, and that the animals to be moved have been classified 
negative to an official tuberculin test conducted within 90 days prior 
to the date of movement. All captive cervids that are so moved that are 
not individually identified by a registration name and number must be 
officially identified.
    (c) If the captive cervids are breeding animals that are not from 
an accredited herd, they must be accompanied by a certificate stating 
that they originated in a herd that has undergone a tuberculosis herd 
test with negative results conducted within 1 year prior to the date of 
movement, and that the animals to be moved have been classified 
negative to two additional official tuberculin tests conducted at least 
90 days apart and no more than 6 months apart, with the second test 
conducted within 90 days prior to the date of movement. All captive 
cervids so moved that are not individually identified by a registration 
name and number must be officially identified.


Sec. 77.30  Nonaccredited States or zones.

    (a) The following are nonaccredited States: None.
    (b) The following are nonaccredited zones: None.
    (c) To qualify for accreditation preparatory status, a 
nonaccredited State or zone must demonstrate to the Administrator that 
it complies with the provisions of the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication'' and that tuberculosis is prevalent in 
less than 0.5 percent of the total number of herds of captive cervids 
in the State or zone.


Sec. 77.31  Interstate movement from nonaccredited States and zones.

    (a) Except as provided in paragraphs (b), (c), and (d) of this 
section, captive cervids that originate in a nonaccredited State or 
zone and that are not known to be infected with or exposed to 
tuberculosis may not be moved interstate.
    (b) If the captive cervids are from an accredited herd, they may be 
moved interstate if they are moved in an officially sealed means of 
conveyance accompanied by a certificate showing that the captive 
cervids are from an accredited herd that has completed the testing 
necessary for accredited status with negative results within 1 year 
prior to the date of movement, and that they have been classified 
negative to an official tuberculin test conducted within 90 days prior 
to the date of movement.
    (c) If the captive cervids are from a qualified herd or a monitored 
herd, they may be moved interstate if they meet the conditions of 
Sec. 77.36 for qualified herds or Sec. 77.37 for monitored herds.
    (d) Captive cervids may be moved interstate if they are accompanied 
by VS Form 1-27 and are moved interstate in an officially sealed means 
of conveyance directly to slaughter to an approved slaughtering 
establishment.


Sec. 77.32  General restrictions.

    (a) Except for movement from accredited States and zones in 
accordance with Sec. 77.23, movement from accredited herds in 
accordance with Sec. 77.35, and movement to slaughter in accordance 
with Secs. 77.25(a), 77.27(a), 77.29(a), and 77.31(d), no captive 
cervid may be moved interstate unless it has been tested using an 
official tuberculosis test, and it is moved in compliance with this 
part.
    (b) No captive cervid with a response to any official tuberculosis 
test is eligible for interstate movement unless the captive cervid 
subsequently tests negative to a supplemental official tuberculosis 
test or is moved interstate directly to slaughter or necropsy in 
accordance with Sec. 77.40.
    (c) Except for captive cervids moving interstate under permit 
directly to slaughter or necropsy under Sec. 77.40, each captive cervid 
or shipment of captive cervids to be moved interstate must be 
accompanied by a certificate issued within 30 days of the movement by a 
State or Federal animal health official or an accredited veterinarian.
    (d) Captive cervids in zoological parks that have been accredited 
by the American Zoo and Aquarium Association (AZA) are exempt from the 
regulations in this part when the captive cervids are moved directly 
interstate between AZA member facilities. Any captive cervids moved 
interstate that are not moved directly from an AZA member facility to 
another AZA member facility must be moved in accordance with the 
regulations in this subpart.


Sec. 77.33  Testing procedures for tuberculosis in captive cervids.

    (a) Approved testers. Except as explained in paragraphs (a)(1) and 
(a)(2) of this section, official tuberculosis tests may only be given 
by a veterinarian employed by the State in which the test is 
administered or by a veterinarian employed by USDA.
    (1) A designated accredited veterinarian may conduct the SCT test, 
except as provided in Sec. 77.34(a)(2) and Sec. 77.39(e) and (f).
    (2) Any accredited veterinarian may conduct the BTB test.
    (b) Approved diagnostic laboratories.
    (1) With one exception, histopathology and culture results for all 
tuberculosis diagnoses will be accepted only from the National 
Veterinary Services Laboratories (NVSL) in Ames, Iowa. The exception is 
that results will be accepted from a laboratory of the Food Safety and 
Inspection Service, USDA, for tissue examination of regular-kill 
slaughter animals in those cases where no submission is made to NVSL.
    (2) The following laboratory is approved to perform the BTB test: 
Texas Veterinary Medical Center laboratory at Texas A&M University in 
College Station, Texas.
    (c) Identification. Any captive cervid tested with an official 
tuberculosis test must bear official identification in the form of an 
official eartag, or another identification device or method approved by 
the Administrator as unique and traceable, at the time of the official 
tuberculosis test. Use of any identification device or method other 
than an official eartag must first be approved by the Administrator as 
unique and traceable. Written requests for approval must be sent to 
National Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, 
Riverdale, MD 20737-1231.
    (d) Reporting of tests.
    (1) SCT and CCT tests. For the SCT and CCT tests, the testing 
veterinarian must submit a report to cooperating State and Federal 
animal health officials of the State in which the captive cervid is 
tested. The report must include the following information for all SCT 
and CCT tests administered: The number of the individual eartag or 
other identification approved by the Administrator; the age, sex, and 
breed of each captive cervid tested; a record of all responses; the 
size of each response for the CCT test; and the test interpretation.
    (2) BTB test. Copies of the BTB test results must be submitted by 
the testing laboratory to the person, firm, or corporation responsible 
for the

[[Page 11935]]

management of the herd, cooperating State and Federal animal health 
officials of the State in which the captive cervid is tested, and the 
testing veterinarian. The report must include the following information 
for all BTB tests administered: The number of the individual eartag or 
other identification approved by the Administrator; the age, sex, and 
breed of each captive cervid tested; the test interpretation, and a 
summary of supporting data. Full supporting data must be submitted by 
the testing laboratory on a case-by-case basis at the request of 
cooperating State and Federal animal health officials.
    (e) Test interpretation.
    (1) Interpretation of an SCT test will be based upon the judgment 
of the testing veterinarian after observation and palpation of the 
injection site, in accordance with the classification requirements 
described in Sec. 77.34(a).
    (2) Interpretation of a CCT test will be in accordance with the 
classification requirements described in Sec. 77.34(b).
    (3) Interpretation of a BTB test will be in accordance with the 
patented standards for the BTB test \1\ and the classification 
requirements described in Sec. 77.34(c).
---------------------------------------------------------------------------

    \1\ The patented standards for the BTB test may be obtained from 
the Texas Veterinary Medial Center, College of Veterinary Medicine, 
Texas A&M University, College Sation, TX, or from the Deer Research 
Laboratory, Department of Microbiology, University of Otago, P.O. 
Box 56, Dunedin, New Zealand.
---------------------------------------------------------------------------

    (f) Captive cervids eligible for testing. Except as provided in 
Sec. 77.35(a)(1) and Sec. 77.36(a)(1), testing of herds for individual 
herd classification must include all captive cervids 1 year of age or 
over and any captive cervids other than natural additions (captive 
cervids born into the herd) under 1 year of age.


Sec. 77.34  Official tuberculosis tests.

    (a) Single cervical tuberculin (SCT) test.
    (1) The SCT test is the primary test to be used in individual 
captive cervids and in herds of unknown tuberculous status. Each 
captive cervid that responds to the SCT test must be classified as a 
suspect until it is retested with either the CCT test or the BTB test 
and is either found negative for tuberculosis or is classified as a 
reactor; unless, with the exception of a designated accredited 
veterinarian, the testing veterinarian determines that the captive 
cervid should be classified as a reactor based on its response to the 
SCT test. A designated accredited veterinarian must classify a 
responding captive cervid as a suspect, unless the DTE determines, 
based on epidemiological evidence, that the captive cervid should be 
classified as a reactor.
    (2) The SCT test is the primary test to be used in affected herds 
and in herds that have received captive cervids from an affected herd. 
When used with affected herds or in herds that have received captive 
cervids from an affected herd, the SCT test may only be administered by 
a veterinarian employed by the State in which the test is administered 
or employed by USDA. In affected herds or herds that have received 
captive cervids from an affected herd, each captive cervid that 
responds to the SCT test must be classified as a reactor, unless the 
DTE determines that the captive cervid should be classified as a 
suspect because of possible exposure to a tuberculous animal.
    (b) Comparative cervical tuberculin (CCT) test.
    (1) The CCT test is a supplemental test that may only be used for 
retesting captive cervids classified as suspects. The CCT test may be 
used in affected herds only after the herd has tested negative to at 
least two whole herd SCT tests and only with the prior written consent 
of the DTE. The CCT test may not be used as a primary test for herds of 
unknown tuberculous status.
    (2) A captive cervid tested with the CCT test must be classified as 
negative if it has a response to the bovine PPD tuberculin that is less 
than 1 mm.
    (3) Unless the testing veterinarian determines that the captive 
cervid should be classified as a reactor because of possible exposure 
to a tuberculous animal, a captive cervid tested with the CCT test must 
be classified as a suspect if:
    (i) It has a response to the bovine PPD tuberculin that is greater 
than 2 mm and that is equal to the response to the avian PPD 
tuberculin; or
    (ii) It has a response to the bovine PPD tuberculin that is equal 
to or greater than 1 mm and equal to or less than 2 mm and that is 
equal to or greater than the response to the avian PPD tuberculin.
    (4) A captive cervid tested with the CCT test must be classified as 
a reactor if:
    (i) It has a response to the bovine PPD tuberculin that is greater 
than 2 mm and that is at least 0.5 mm greater than the response to the 
avian PPD tuberculin; or
    (ii) It has been classified as a suspect on two successive CCT 
tests.
    (iii) Any exceptions to reactor classification under the conditions 
in paragraphs (b)(4)(i) and (b)(4)(ii) of this section must be 
justified by the testing veterinarian in writing and have the 
concurrence of the DTE.
    (c) Blood tuberculosis (BTB) test.
    (1) The BTB test is a supplemental test that may be used in place 
of the CCT test for retesting captive cervids classified as suspects.
    (2) Except as provided in Sec. 77.39(e), any captive cervid 
classified by the testing laboratory as ``equivocal'' will be 
classified as a suspect.
    (3) Any captive cervid classified by the testing laboratory as ``M. 
bovis positive'' will be classified as a reactor.
    (4) Any captive cervid classified by the testing laboratory as 
``avian'' or ``negative'' will be considered negative for tuberculosis.
    (5) The owner of the captive cervid tested is responsible for the 
cost of the BTB test.


Sec. 77.35  Interstate movement from accredited herds.

    (a) Qualifications. To be recognized as an accredited herd:
    (1) All captive cervids in the herd eligible for testing in 
accordance with Sec. 77.33(f) must have tested negative to at least 
three consecutive official tuberculosis tests, conducted at 9-15 month 
intervals. However, captive cervids under 1 year of age that are not 
natural additions to the herd do not have to be tested if they were 
born in and originate from an accredited herd.
    (2) The owner of the herd must have a document issued by 
cooperating State or Federal animal health officials stating that the 
herd has met the requirements in paragraph (a)(1) of this section and 
is classified as an accredited herd.
    (b) Movement allowed. Except as provided in Sec. 77.23 with regard 
to captive cervids that originate in an accredited-free State or zone, 
a captive cervid from an accredited herd may be moved interstate 
without further tuberculosis testing only if it is accompanied by a 
certificate, as provided in Sec. 77.32(c), that includes a statement 
that the captive cervid is from an accredited herd. If a group of 
captive cervids from an accredited herd is being moved interstate 
together to the same destination, all captive cervids in the group may 
be moved under one certificate.
    (c) Herd additions allowed. No captive cervid may be added to an 
accredited herd except in accordance with paragraphs (c)(4) and (c)(5), 
and either paragraph (c)(1), (c)(2), or (c)(3) of this section, as 
follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test

[[Page 11936]]

conducted within 90 days prior to movement to the premises of the 
accredited herd. Any captive cervid moved from a qualified or monitored 
herd must also be isolated from all members of the accredited herd 
until it tests negative to an official tuberculosis test conducted at 
least 90 days following the date of arrival at the premises of the 
accredited herd. If a group of captive cervids is being moved together, 
the entire group must be isolated from all other livestock during the 
testing period, but captive cervids in the group need not be isolated 
from each other during that period. Such herd additions will not 
receive status as members of the accredited herd for purposes of 
interstate movement until they have tested negative to an official 
tuberculosis test and have been released from isolation; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the captive cervid must be isolated from all 
other members of the herd of origin and must test negative to two 
official tuberculosis tests. The isolation must begin at the time of 
the first official tuberculosis test. The tests must be conducted at 
least 90 days apart, and the second test must be conducted within 90 
days prior to movement to the premises of the accredited herd. The 
captive cervid must also be isolated from all members of the accredited 
herd until it tests negative to an official tuberculosis test conducted 
at least 90 days following the date of arrival at the premises of the 
accredited herd. If a group of captive cervids is being moved together, 
the entire group must be isolated from all other animals during the 
testing period, but captive cervids in the group need not be isolated 
from each other during that period. Such herd additions will not 
receive status as members of the accredited herd for purposes of 
interstate movement until they have tested negative to an official 
tuberculosis test and have been released from isolation.
    (4) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to either:
    (i) A captive cervid from a herd with a lower classification status 
than its own; or
    (ii) Any tuberculous livestock.
    (d) Maintenance of accredited herd status. To maintain status as an 
accredited herd, the herd must test negative to an official 
tuberculosis test within 21-27 months from the anniversary date of the 
third consecutive test with no evidence of tuberculosis disclosed (that 
is, the test on which the herd was recognized as accredited or the 
accrediting test). Each time the herd is tested for reaccreditation, it 
must be tested 21-27 months from the anniversary date of the 
accrediting test, not from the last date of reaccreditation (for 
example, if a herd is accredited on January 1 of a given year, the 
anniversary date will be January 1 of every second year). Accredited 
herd status is valid for 24 months (730 days) from the anniversary date 
of the accrediting test. If the herd is tested between 24 and 27 months 
after the anniversary date, its accredited herd status will be 
suspended for the interim between the anniversary date and the 
reaccreditation test. During the suspension period, the herd will be 
considered ``unclassified'' and captive cervids may be moved interstate 
from the herd only in accordance the movement requirements for the 
State or zone in which the herd is located.


Sec. 77.36  Interstate movement from qualified herds.

    (a) Qualifications. To be recognized as a qualified herd:
    (1) All captive cervids in the herd eligible for testing in 
accordance with Sec. 77.33(f) must have tested negative to one official 
tuberculosis test that was administered to the herd within a 7-month 
period. However, captive cervids under 1 year of age that are not 
natural additions do not have to be tested if they were born in and 
originate from an accredited, qualified, or monitored herd.
    (2) The owner of the herd must have a document issued by 
cooperating State and Federal animal health officials stating that the 
herd has met the requirement in paragraph (a)(1) of this section and is 
classified as a qualified herd.
    (b) Movement allowed. Except as provided in Sec. 77.23 with regard 
to captive cervids that originate in an accredited-free State or zone, 
a captive cervid from a qualified herd may be moved interstate only if:
    (1) The captive cervid is not known to be infected with or exposed 
to tuberculosis; and
    (2) The captive cervid is accompanied by a certificate, as provided 
in Sec. 77.32(c), that includes a statement that the captive cervid is 
from a qualified herd. Except as provided in paragraphs (b)(3) and 
(b)(4) of this section, the certificate must also state that the 
captive cervid has tested negative to an official tuberculosis test 
conducted within 90 days prior to the date of movement. If a group of 
captive cervids from a qualified herd is being moved interstate 
together to the same destination, all captive cervids in the group may 
be moved under one certificate.
    (3) Captive cervids under 1 year of age that are natural additions 
to the qualified herd or that were born in and originate from a 
classified herd may move without testing, provided that the certificate 
accompanying them states that the captive cervids are natural additions 
to the qualified herd or were born in and originated from a classified 
herd and have not been exposed to captive cervids from an unclassified 
herd.
    (4) Captive cervids being moved interstate for the purpose of 
exhibition only may be moved without testing, provided they are 
returned to the premises of origin no more than 90 days after leaving 
the premises, have no contact with other livestock during movement and 
exhibition, and are accompanied by a certificate that includes a 
statement that the captive cervid is from a qualified herd and will 
otherwise meet the requirements of this paragraph.
    (c) Herd additions allowed. No captive cervid may be added to a 
qualified herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the accredited herd;
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the captive cervid must be isolated from all 
other animals in its herd of origin and must test negative to two 
official tuberculosis tests prior to movement. The isolation must begin 
at the time of the first official tuberculosis test. The tests must be 
conducted at least 90 days apart, and the second test must be conducted 
within 90 days prior to movement to the premises of the qualified herd. 
The captive cervid must then be kept in insolation from all animals 
until it tests negative to an official tuberculosis test conducted at 
least 90 days following the date of arrival at the premises of the 
qualified herd. If a group of captive cervids is being moved together, 
the entire group must be isolated from all other livestock during the 
testing period, but captive cervids in the group need not be isolated 
from each other during that period. Such herd additions will not 
receive status as members of the

[[Page 11937]]

qualified herd for purposes of interstate movement until they have 
tested negative to an official tuberculosis test and been released from 
isolation.
    (4) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to either:
    (i) A captive cervid from a herd with a lower classification status 
than its own; or
    (ii) Any tuberculous livestock.
    (d) Maintenance of qualified herd status. To maintain status as a 
qualified herd, the herd must test negative to an official tuberculosis 
test within 9-15 months from the anniversary date of the first test 
with no evidence of tuberculosis disclosed (this is the qualifying 
test). Each time the herd is retested for qualified status, it must be 
tested 9-15 months from the anniversary date of the qualifying test, 
not from the last date of requalification (for example, if a herd is 
qualified on January 1 of a given year, the anniversary date will be 
January 1 of each consecutive year). Qualified herd status remains in 
effect for 12 months (365 days) following the anniversary date of the 
qualifying test. Qualified herd status will be suspended between the 
anniversary date and the requalifying test, if the herd is not tested 
within 12 months. During the suspension period, the herd will be 
considered ``unclassified'' and captive cervids may be moved interstate 
from the herd only in accordance with the movement requirements for the 
State or zone in which the herd is located.


Sec. 77.37  Interstate movement from monitored herds.

    (a) Qualifications. To be recognized as a monitored herd:
    (1) Identification records must be maintained by the person, firm, 
or corporation responsible for the management of the herd for as long 
as status as a monitored herd is desired. Such records must be 
maintained on all captive cervids in the herd that are slaughtered, 
inspected, and found negative for tuberculosis at an approved 
slaughtering establishment or necropsied at an approved diagnostic 
laboratory. Identification records may also include captive cervids 
from the herd that tested negative for tuberculosis in accordance with 
requirements for interstate movement. No less than one half of the 
captive cervids on which records are kept must be slaughter inspected; 
and
    (2) A sufficient number of captive cervids in the herd must be 
slaughter inspected or tested for interstate movement to ensure that 
tuberculosis infection at a prevalence level of 2 percent or more will 
be detected with a confidence level of 95 percent. \2\ A maximum number 
of 178 captive cervids must be slaughter inspected or tested for 
interstate movement over a 3-year period to meet this requirement.
---------------------------------------------------------------------------

    \2\ A chart showing the number of captive cervids that must be 
slaughter inspected or tested for interstate movement, depending on 
the size of a heard, to meet this requirement may be obtained from 
the National Animal Health Program staff, Veterinary Services, 
APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231.
---------------------------------------------------------------------------

    (b) Movement allowed. Except as provided in Sec. 77.23 with regard 
to captive cervids that originate in an accredited-free State or zone, 
a captive cervid from a monitored herd may be moved interstate only if:
    (1) The captive cervid is not known to be infected with or exposed 
to tuberculosis; and
    (2) The captive cervid is accompanied by a certificate, as provided 
in Sec. 77.32(c), that includes a statement that the captive cervid is 
from a monitored herd. Except as provided in paragraph (b)(3) of this 
section, the certificate must also state that the captive cervid has 
tested negative to an official tuberculosis test conducted within 90 
days prior to the date of movement. If a group of captive cervids from 
a monitored herd is being moved interstate together to the same 
destination, all captive cervids in the group may be moved under one 
certificate.
    (3) Captive cervids under 1 year of age that are natural additions 
to the monitored herd or that were born in and originate from a 
classified herd may move without testing, provided that the certificate 
accompanying them states that the captive cervids are natural additions 
to the monitored herd or were born in and originated from a classified 
herd and have not been exposed to captive cervids from an unclassified 
herd.
    (c) Herd additions allowed. No captive cervid may be added to a 
monitored herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the monitored herd; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the captive cervid must be isolated from all 
other animals and must test negative to two official tuberculosis 
tests. The isolation must begin at the time of the first official 
tuberculosis test. The tests must be conducted at least 90 days apart, 
and the second test must be conducted within 90 days prior to movement 
to the premises of the monitored herd. The captive cervid must then be 
kept in isolation from all animals until it tests negative to an 
official tuberculosis test conducted at least 90 days following the 
date it arrives at the premises of the monitored herd. If a group of 
captive cervids is being moved together, the entire group must be 
isolated from all other animals during the testing period, but captive 
cervids in the group need not be isolated from each other during that 
period. Such herd additions will not receive status as members of the 
monitored herd for purposes of interstate movement until they have 
tested negative to an official tuberculosis test and been released from 
isolation.
    (4) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to either:
    (i) A captive cervid from a herd with a lower classification status 
than its own; or
    (ii) Any tuberculous livestock.
    (d) Maintenance of monitored herd status. The person, firm, or 
corporation responsible for the management of the herd must submit an 
annual report to cooperating State or Federal animal health officials 
prior to the anniversary date of classification. This report must give 
the number of captive cervids currently in the herd; the number of 
captive cervids from the herd 1 year of age and older identified, 
slaughtered, and inspected at an approved slaughtering establishment or 
necropsied at an approved diagnostic laboratory during the preceding 
year; and the number of captive cervids that have tested negative for 
tuberculosis in accordance with interstate movement requirements. The 
number of slaughter inspections or negative testing captive cervids 
reported in any given year must be at least 25 percent of the total 
number required over a 3-year period to qualify a herd for monitored 
herd status. During each consecutive 3-year period, 100 percent of the 
qualifying total must be reported.


Sec. 77.38  Interstate movement from herds that are not accredited, 
qualified, or monitored.

    The Administrator may, with the concurrence of the cooperating 
State animal health officials of the State of destination, and upon 
request in

[[Page 11938]]

specific cases, permit the movement of captive cervids not otherwise 
provided for in this part which have not been classified as reactors 
and are not otherwise known to be affected with tuberculosis, under 
such conditions as the Administrator may prescribe in each specific 
case to prevent the spread of tuberculosis. The Administrator shall 
promptly notify the appropriate cooperating State animal health 
officials of the State of destination of any such action.


Sec. 77.39  Other interstate movements.

    (a) Herds containing a suspect
    (1) The suspect.
    (i) A captive cervid classified as a suspect on the SCT test must 
be quarantined until it is slaughtered or retested by the CCT test or 
the BTB test and found negative for tuberculosis. Retesting must be as 
follows:
    (A) The first CCT test must be administered within the first 10 
days following the SCT test or, if not, must be administered at least 
90 days after the SCT test. If the CCT test is administered within 10 
days of the SCT test, the injection must be on the side of the neck 
opposite the injection for the SCT test.
    (B) The sample for the first BTB test may not be taken until at 
least 12 days after the injection for the SCT test. It is recommended 
that the sample be taken within 30 days following the injection for the 
SCT test.
    (ii) A captive cervid classified as a suspect on the first CCT test 
or the first BTB test must be quarantined until the following has 
occurred:
    (A) A suspect on the first CCT test is tested with a second CCT 
test at least 90 days after the first CCT test and is found negative 
for tuberculosis; or
    (B) A suspect on the first BTB test is tested with a second BTB 
test and is found negative for tuberculosis. It is recommended that the 
captive cervid be tested with the second BTB test within 60 days 
following the injection for the SCT test.
    (2) The remainder of the herd. Any herd containing a suspect to an 
official tuberculosis test must be quarantined until the suspect is 
retested by the CCT test or the BTB test and found negative for 
tuberculosis, or the suspect is inspected at slaughter or necropsied 
and found negative for tuberculosis after histopathology and culture of 
selected tissues. If the suspect is found negative for tuberculosis 
upon testing, or after slaughter inspection or necropsy and 
histopathology and culture of selected tissues, the herd may be 
released from quarantine and will return to the herd classification 
status in effect before the herd was quarantined. If the suspect is 
classified as a reactor upon testing, or after slaughter inspection or 
necropsy and histopathology and/or culture of selected tissues, the 
herd may be released from quarantine only in accordance with paragraph 
(b) of this section for herds containing a reactor.
    (b) Herds containing a reactor. The following requirements apply to 
herds containing a reactor, except for herds that have received captive 
cervids from an affected herd. Herds that have received captive cervids 
from an affected herd must be quarantined and tested in accordance with 
paragraph (e) of this section.
    (1) The reactor. Captive cervids classified as reactors must be 
quarantined.
    (2) The remainder of the herd. Any herd containing reactors must be 
quarantined until the reactors are slaughtered or necropsied in 
accordance with Sec. 77.40 and:
    (i) If upon slaughter inspection or necropsy any reactors exhibit 
lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the remainder of the 
herd may be released from quarantine in accordance with the provisions 
of paragraph (c) of this section.
    (ii) If M. bovis is isolated from any reactors, the remainder of 
the herd will be considered an affected herd, and will be subject to 
the provisions for affected herds in paragraph (d) of this section.
    (iii) If upon slaughter inspection or necropsy all reactors exhibit 
no gross lesions (NGL) of tuberculosis and no evidence of tuberculosis 
infection is found by histopathology and culture of M. bovis on 
specimens taken from the NGL animals, the remainder of the herd may be 
released from quarantine, and captive cervids from the herd may be 
moved interstate in accordance with the herd classification status in 
effect before the herd was quarantined if one of the following 
conditions is met:
    (A) The remainder of the herd is given a whole herd test and is 
found negative for tuberculosis.
    (B) The remainder of the herd is given a whole herd test, and all 
reactors to the whole herd test exhibit no gross lesions (NGL) of 
tuberculosis upon slaughter inspection or necropsy and no evidence of 
tuberculosis infection is found by histopathology or culture of M. 
bovis on specimens taken from the NGL animals.
    (iv) If no evidence of tuberculosis is found in any reactor upon 
slaughter inspection or necropsy, but it is not possible to conduct a 
whole herd test on the remainder of the herd, the herd will be 
evaluated, based on criteria such as the testing history of the herd 
and the State history of tuberculosis infection, by the DTE to 
determine whether the herd may be released from quarantine.
    (c) Herds found to have only lesions of tuberculosis. A herd in 
which captive cervids with lesions compatible with or suggestive of 
tuberculosis are found by histopathology without the isolation of M. 
bovis may be released from quarantine and return to the herd 
classification status in effect before the herd was quarantined, with 
the concurrence of the DTE, if the herd tests negative to tuberculosis 
on a whole herd test conducted 90 days following the removal of the 
lesioned captive cervid, provided the herd has not been exposed to M. 
bovis during the 90 days. To maintain its herd classification status, 
the herd must test negative to two annual whole herd tests beginning 
10-12 months after the herd is released from quarantine. If any captive 
cervids in the herd respond to one of the tests, the herd will be 
subject to the provisions of paragraph (a) or (b) of this section. If 
the herd is not given the two annual whole herd tests, it will become 
an unclassified herd.
    (d) Affected herds. A herd determined to be an affected herd must 
be quarantined until the herd has tested negative to three whole herd 
tests in succession, with the first test given 90 days or more after 
the last test yielding a reactor and the last two tests given at 
intervals of not less than 180 days. If the herd tests negative to the 
three whole herd tests, it will be released from quarantine, but will 
be considered an unclassified herd, and captive cervids may only be 
moved interstate from the herd in accordance with the movement 
requirements for the State or zone in which the herd is located. In 
addition, the herd must be given five consecutive annual whole herd 
tests after release from quarantine. (These five tests will count 
toward qualifying the herd for herd classification.) As an alternative 
to testing, the herd may be depopulated.
    (e) Herds that have received captive cervids from an affected herd. 
If a herd has received captive cervids from an affected herd, the 
captive cervids from the affected herd of origin will be considered 
exposed to tuberculosis. The exposed captive cervids and the receiving 
herd must be quarantined. The exposed captive cervids must be 
slaughtered, necropsied, or tested with the SCT test by a veterinarian 
employed by the State in which the test is administered or employed by 
USDA. The BTB test may be used simultaneously with the SCT test as an 
additional diagnostic test. Any exposed captive cervid that responds to 
the SCT

[[Page 11939]]

test or tests ``M. bovis positive'' or ``equivocal'' on the BTB test 
must be classified as a reactor and must be slaughter inspected or 
necropsied. Any exposed captive cervid that tests negative to the SCT 
test or tests ``avian'' or ``negative'' on the BTB test will be 
considered as part of the affected herd of origin for purposes of 
testing, quarantine, and the five annual whole herd tests required for 
affected herds in paragraph (d) of this section.
    (1) If bovine tuberculosis is confirmed in any of the exposed 
captive cervids by bacterial isolation of M. bovis, the receiving herd 
will be classified as an affected herd and will be subject to the 
provisions for affected herds in paragraph (d) of this section.
    (2) If any of the exposed captive cervids are found to exhibit 
lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the receiving herd 
will be subject to appropriate testing as determined by the DTE.
    (3) If all the exposed captive cervids test negative for 
tuberculosis, the receiving herd will be released from quarantine if it 
is given a whole herd test and is found negative for tuberculosis and 
will return to the herd classification in effect before the herd was 
quarantined. In addition, the receiving herd must be retested with the 
SCT test 1 year after release from quarantine in order for captive 
cervids from the herd to continue to be moved interstate. Supplemental 
diagnostic tests may be used if any captive cervids in the herd show a 
response to the SCT test.
    (f) Source herds. A herd suspected of being the source of 
tuberculous captive cervids based on a slaughter traceback 
investigation must be quarantined upon notification (by the person 
conducting the investigation) to the USDA Area Veterinarian in Charge 
for the State in which the herd resides, and a herd test must be 
scheduled. If the herd is suspected of being the source of slaughter 
captive cervids having lesions of tuberculosis, the herd test must be 
done by a veterinarian employed by the State in which the test is 
administered or employed by USDA.
    (1) If the herd is identified as the source of captive cervids 
having lesions of tuberculosis and M. bovis has been confirmed by 
bacterial isolation from the slaughter animal, all captive cervids in 
the herd that respond to the SCT test must be classified as reactors. 
If none respond to the SCT test, the herd may be released from 
quarantine and will return to the herd classification status in effect 
before the herd was quarantined, unless the DTE judges that additional 
testing is appropriate to ensure the herd's freedom from tuberculosis.
    (2) If the herd is identified as the source of captive cervids that 
exhibit lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, all captive cervids 
in the herd that respond to the SCT test must be classified as 
suspects, and supplemental tests must be applied.
    (3) If the herd is not identified as the source herd, the herd will 
be released from quarantine if the herd is given a whole herd test and 
is found negative for tuberculosis. The herd will then return to the 
herd classification status in effect before the herd was quarantined.
    (g) Newly assembled herds.
    (1) A newly assembled herd will be classified as having the herd 
status of the herd from which the captive cervids originated. If the 
herd is assembled from captive cervids from more than one herd, it will 
be classified as having the herd status of the originating herd with 
the lowest status. A newly assembled herd will also assume the testing 
schedule of the herd status it is given. Captive cervids in the herd 
must have no exposure to captive cervids from a herd of lesser status 
than the herd of origin determining the status of the newly assembled 
herd or to any tuberculous livestock.
    (2) A herd newly assembled on premises where a tuberculous herd has 
been depopulated must be given two consecutive annual whole herd tests. 
The first test must be administered at least 6 months after the 
assembly of the new herd. If the whole herd tests are not conducted 
within the indicated time frame, the herd will be quarantined. If the 
herd tests negative to the two whole herd tests, there are no further 
requirements. If any captive cervid in the herd responds on one of the 
whole herd tests, the herd will be subject to the provisions of 
paragraph (a) or (b) of this section. If the premises has been vacant 
for more than 1 year preceding the assembly of the new herd on the 
premises, these requirements may be waived if the risk of tuberculosis 
transmission to the newly assembled herd is deemed negligible by 
cooperating State and Federal animal health officials.


Sec. 77.40  Procedures for and interstate movement to necropsy and 
slaughter.

    (a) Procedures for necropsy and slaughter.
    (1) A necropsy must be performed by or under the supervision of a 
veterinarian who is employed by USDA or employed by the State in which 
the captive cervid was classified, and who is trained in tuberculosis 
necropsy procedures.
    (2) If, upon necropsy, a captive cervid is found without evidence 
of M. bovis infection by histopathology and culture, the captive cervid 
will be considered negative for tuberculosis.
    (3) Reactors, suspects, and exposed captive cervids may be 
slaughtered only at an approved slaughtering establishment, as defined 
in Sec. 77.20.
    (b) Interstate movement to necropsy or slaughter.
    (1) Permit. Any reactor, suspect, or exposed captive cervid to be 
moved interstate to necropsy or slaughter must be accompanied by a 
permit issued by a representative of APHIS, a State representative, or 
an accredited veterinarian. The captive cervid must remain on the 
premises where it was identified as a reactor, suspect, or exposed 
captive cervid until a permit for its movement is obtained. No stopover 
or diversion from the destination listed on the permit is allowed. If a 
change in destination becomes necessary, a new permit must be obtained 
from a cooperating State or Federal animal health official or an 
accredited veterinarian before the interstate movement begins. The 
permit must list:
    (i) The classification of the captive cervid (reactor, suspect, or 
exposed);
    (ii) The reactor eartag number or, for suspects and exposed captive 
cervids, the official eartag or other approved identification number;
    (iii) The owner's name and address;
    (iv) The origin and destination of the captive cervids;
    (v) The number of captive cervids covered by the permit; and
    (vi) The purpose of the movement.
    (2) Identification of reactors. Reactors must be tagged with an 
official eartag attached to the left ear and bearing a serial number 
and the inscription ``U.S. Reactor,'' and either:
    (i) Branded with the letter ``T'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
    (ii) Permanently identified by the letters ``TB'' tattooed legibly 
in the left ear, sprayed on the left ear with yellow paint, and either 
accompanied directly to necropsy or slaughter by an APHIS or State 
representative or moved directly to necropsy or slaughter in a vehicle 
closed with official seals. Such official seals must be applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative.

[[Page 11940]]

    (3) Identification of exposed captive cervids. Exposed captive 
cervids must be identified by an official eartag or other approved 
identification and either:
    (i) Branded with the letter ``S'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
    (ii) Either accompanied directly to necropsy or slaughter by an 
APHIS or State representative or moved directly to necropsy or 
slaughter in a vehicle closed with official seals. Such official seals 
must be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.


Sec. 77.41  Cleaning and disinfection of premises, conveyances, and 
materials.

    All conveyances and associated equipment, premises, and structures 
that are used for receiving, holding, shipping, loading, unloading, and 
delivering captive cervids in connection with their interstate movement 
and that are determined by cooperating State and Federal animal health 
officials to be contaminated because of occupation or use by 
tuberculous or reactor livestock must be cleaned and disinfected under 
the supervision of the cooperating State or Federal animal health 
officials. Such cleaning and disinfecting must be done in accordance 
with the procedures approved by the cooperating State or Federal animal 
health officials. Cleaning and disinfection must be completed before 
the premises, conveyances, or materials may again be used to convey, 
hold, or in any way come in contact with any livestock.

    Done in Washington, DC, this 28th day of February 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-5165 Filed 3-6-00; 8:45 am]
BILLING CODE 3410-34-U