[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Rules and Regulations]
[Pages 70284-70286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29832]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 99-092-1]


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the bovine tuberculosis regulations to 
recognize two separate zones with different tuberculosis risk 
classifications in the State of Texas. This action is necessary to 
prevent the spread of tuberculosis and to further the progress of the 
domestic bovine tuberculosis eradication program.

DATES: This interim rule is effective November 22, 2000. We invite you 
to comment on this docket. We will consider all comments that we 
receive on or before January 22, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 99-092-1, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238.
    Please state that your comments refer to Docket No. 99-092-1.
    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.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph Van Tiem, Senior Staff 
Veterinarian, National Animal Health Programs, 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 the 20th 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), which is incorporated by reference into the 
regulations. The regulations restrict the interstate movement of 
cattle, bison, and captive cervids to prevent the spread of 
tuberculosis. In this interim rule, we are amending the regulations to 
establish two tuberculosis classification zones in Texas.

    Note: On October 23, 2000, we published a final rule in the 
Federal Register (65 FR 63501-63533, Docket No. 99-038-5) that 
revised part 77 in its entirety. That final rule is scheduled to 
become effective on November 22, 2000. In describing the actions to 
be taken in this interim rule, which also becomes effective on 
November 22, 2000, we will refer to the regulations as they appear 
in our October 23, 2000, final rule.

Conditions for Zone Recognition

    Under Secs. 77.3 and 77.4 of the regulations, in order to qualify 
for zone classification by the Animal and Plant Health Inspection 
Service (APHIS), the State must meet the following requirements:
    1. The State must have adopted and must be enforcing regulations 
that impose restrictions on the intrastate movement of cattle, bison, 
and captive cervids that are substantially the same as those in place 
in part 77 for the interstate movement of those animals.
    2. The designation of part of a State as a zone must otherwise be 
adequate to prevent the interstate spread of tuberculosis.
    3. The zones must be delineated by the animal health authorities in 
the State making the request for zone

[[Page 70285]]

recognition and must be approved by the APHIS Administrator.
    4. The request for zone classification must demonstrate that the 
State has the legal and financial resources to implement and enforce a 
tuberculosis eradication program and has in place an infrastructure, 
laws, and regulations that require and ensure that State and Federal 
animal health authorities are notified of tuberculosis cases in 
domestic livestock or outbreaks in wildlife.
    5. The request for zone classification must demonstrate that the 
State maintains, 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 percent confidence. The 
designated tuberculosis epidemiologist must review reports of all 
testing for each zone within the State within 30 days of the testing.
    6. 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.

Request for Zone Recognition in Texas

    In our October 23, 2000, final rule, we classified the entire State 
of Texas as modified accredited advanced with regard to cattle and 
bison and as modified accredited with regard to captive cervids. 
However, we have received from the State of Texas a request for zone 
recognition in which State animal health officials demonstrate that 
Texas meets the requirements listed above for zone recognition. 
Therefore, in this interim rule, we are recognizing two zones in Texas 
as described below.
    1. The smaller of the two zones is bounded as follows: Beginning at 
the point where the Hudspeth-El Paso County line intersects U.S. 
Highway 62; then west along U.S. Highway 62 to its intersection with 
the El Paso city limits; then southwest along the El Paso city limits 
to the Rio Grande River; then southeast along the Rio Grande River to 
the Fort Hancock-El Porvenir Bridge; then northeast along an imaginary 
line to Interstate 10; then northwest along Interstate 10 to its 
intersection with the Hudspeth-El Paso County line; then north along 
the Hudspeth-El Paso County line to the point of beginning.
    2. The second zone in Texas consists of the rest of the State.
    With regard to cattle and bison, State animal health officials in 
Texas have demonstrated to APHIS that, except for the smaller zone, 
Texas meets the criteria for accredited-free status set forth in the 
definition of accredited-free State or zone in Sec. 77.5 of the 
regulations. In accordance with these conditions, Texas has 
demonstrated that the larger zone has zero percent prevalence of 
affected cattle or bison herds and has had no findings of tuberculosis 
in any cattle or bison herds for the past 5 years. Additionally, the 
State complies with the conditions of the UMR.
    State animal health officials in Texas have demonstrated that the 
smaller zone meets the criteria for modified accredited advanced status 
for cattle and bison set forth in the definition of modified accredited 
advanced State or zone in Sec. 77.5 of the regulations. According to 
those criteria, the Administrator, upon his or her review, may classify 
a State or zone as modified accredited advanced--depending on the 
veterinary infrastructure, livestock demographics, and tuberculosis 
control and eradication measures in the State or zone--if the State or 
zone has fewer than 30,000 herds total and, of those, no more than 3 
are affected herds for each of the most recent 2 years. Within the 
smaller zone in Texas, there are a total of approximately 17 cattle 
herds and no bison herds. Of those cattle herds, two are known to be 
affected with tuberculosis, and Texas is conducting an aggressive 
program to eradicate the disease in the zone. There are no known 
affected herds in the remainder of the State. Under those conditions, 
the Administrator has determined that the smaller zone in Texas 
qualifies for modified accredited advanced status with regard to cattle 
and bison.
    With regard to captive cervids, because both of the zoned areas in 
Texas continue to qualify as modified accredited, in Sec. 77.26 we 
continue to list Texas in its entirety as a modified accredited State.

Correction

    We are amending Sec. 77.9(b) to correct an omission in our October 
23, 2000, final rule. Section 77.9 contains provisions pertaining to 
modified accredited advanced States and zones. In Sec. 77.9(b), the 
word ``advanced'' was omitted. We are adding the word ``advanced'' to 
Sec. 77.9(b).

Emergency Action

    This rulemaking is necessary on an emergency basis to establish two 
zones with separate tuberculosis risk classifications in Texas with 
regard to cattle and bison. Failure to provide ``split-State status'' 
in Texas with regard to tuberculosis on an emergency basis could 
increase the likelihood of the spread of that disease by reducing the 
incentive for Texas to stringently restrict movement of tuberculosis-
susceptible animals from high-risk areas within the State and to 
implement effective containment and eradication measures. Under these 
circumstances, the Administrator has determined that prior notice and 
opportunity for public comment are contrary to the public interest and 
that there is good cause under 5 U.S.C. 553 for making this rule 
effective less than 30 days after publication in the Federal Register.
    We will consider comments that are received on or before January 
22, 2001. After the comment period closes, we will publish another 
document in the Federal Register. The document will include a 
discussion of any comments we receive and any amendments we are making 
to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    Bovine tuberculosis is a communicable disease of cattle, bison, 
cervids and other species, including humans, and results in losses in 
meat and milk production among infected animals. As part of the 
Cooperative State/Federal Tuberculosis Eradication Program, which has 
virtually eliminated bovine tuberculosis from the Nation's livestock 
populations, the regulations classify each State according to its 
tuberculosis risk and place certain restrictions on the movement of 
cattle and bison from States with high-risk classifications. In this 
interim rule, we are dividing Texas into two separate zones for the 
purpose of tuberculosis risk classification. One of these zones will be 
classified as accredited-free with regard to cattle and bison; the 
other will be classified as modified accredited advanced. We discuss 
below the projected effects of this regulatory action.

Cattle and Bison

    In 1999, the total number of cattle in the United States was 
approximately 99.115 million, valued at approximately $58.833 billion. 
There were 1,095,960 U.S. operations with cattle. Over 99 percent of 
these operations were small businesses with annual gross receipts of 
less than $500,000. There were about 112,700 bison held as livestock in 
the United States, valued at about $169 million, on 1,150 premises.

[[Page 70286]]

    Under the regulations in part 77, each State is assigned one of 
five risk classifications: Accredited-free, modified accredited 
advanced, modified accredited, accreditation preparatory, or 
nonaccredited. In our October 23, 2000, final rule, we classified the 
entire State of Texas as modified accredited advanced with regard to 
cattle and bison. In this interim rule, we are classifying most of 
Texas as accredited-free with regard to cattle and bison and a portion 
of El Paso and Hudspeth Counties, TX, as modified accredited advanced. 
We analyze below the expected effect of changing Texas from one 
statewide classification of modified accredited advanced with regard to 
cattle and bison to two separate zone classifications--one of 
accredited-free and one of modified accredited advanced.
    Under the three-tier classification that remains in effect until 
the November 22, 2000, effective date of the October 23, 2000, final 
rule, the entire State of Texas is classified as modified accredited, 
which means that cattle not known to be infected with or exposed to 
tuberculosis may be moved interstate from anywhere in Texas without 
restriction. Although the October 23, 2000, final rule classifies the 
State of Texas as modified accredited advanced, this interim rule, 
which classifies most of the State of Texas as an accredited-free zone, 
also becomes effective on November 22, 2000. Because cattle or bison 
that originate in an accredited-free zone may be moved interstate 
without restriction, there will be, for all practical purposes, no 
change in the restrictions that apply to the interstate movement of 
cattle and bison from the accredited-free zone established in this 
interim rule. Additional testing and identification requirements will, 
however, apply to the interstate movement of certain cattle and bison 
that originate in the modified accredited advanced zone that we are 
establishing in El Paso and Hudspeth Counties, TX. Specifically, for 
interstate movement of cattle or bison from a modified accredited 
advanced State or zone, the regulations require sexually intact cattle 
and bison not from an accredited herd to have one negative test within 
60 days prior to being moved interstate and also require that they be 
officially identified. Additionally, sexually intact heifers moved to 
an approved feedlot, steers, and spayed heifers must be either 
officially identified or identified to a premises of origin before they 
can be moved interstate.
    As of January 1999, there were about 153,000 cattle herds in Texas 
with 14.9 million cattle, valued at $7.1 billion. (In addition, there 
were 40 operations with bison, with a total of 1,370 animals.) In the 
portion of El Paso and Hudspeth Counties, TX, that we are establishing 
as a modified accredited advanced zone in this interim rule, there are 
approximately 17 cattle herds totaling approximately 12,000 to 13,000 
head. There are no bison herds. Of the cattle in this zone, only 
approximately 1,000 are expected to require testing to be moved 
interstate. Another 120 are expected to require identification but no 
testing.
    The approximate per-animal testing cost is $4.30, compared to an 
average sale value of approximately $600 for a head of cattle. The cost 
of official identification by applying an eartag is about $0.50 per 
head.
    Applying the unit testing and identification costs to the number of 
animals that are likely to require testing and identification, or 
simply identification, to be eligible for movement from the modified 
accredited advanced zone yields the approximate economic effect of this 
interim rule. The testing cost is projected to be no more than $4,300 
annually, and the identification cost is projected to be no more than 
$560, for a total estimated annual testing and identification cost in 
Texas of no more than $4,860. This cost is relatively small when 
compared to the total size and significance of the cattle and bison 
industry in Texas and in the United States overall.
    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 interim rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are in conflict with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This interim rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 77

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


    Accordingly, we are amending 9 CFR part 77 as follows:

PART 77--TUBERCULOSIS

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

    Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, 
and 134f; 7 CFR 2.22, 2.80, and 371.4.

    2. Section 77.7 is amended by revising paragraph (b) to read as 
follows:


Sec. 77.7  Accredited-free States or zones.

* * * * *
    (b) The following are accredited-free zones: All of the State of 
Texas except for the zone that comprises those portions of El Paso and 
Hudspeth Counties, TX, described in Sec. 77.9(b).
* * * * *

    3. Section 77.9 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 77.9  Modified accredited advanced States or zones.

    (a) The following are modified accredited advanced States: None.
    (b) The following are modified accredited advanced zones: A zone in 
Texas delineated as follows: Beginning at the point where the Hudspeth-
El Paso County line intersects U.S. Highway 62; then west along U.S. 
Highway 62 to its intersection with the El Paso city limits; then 
southwest along the El Paso city limits to the Rio Grande River; then 
southeast along the Rio Grande River to the Fort Hancock-El Porvenir 
Bridge; then northeast along an imaginary line to Interstate 10; then 
northwest along Interstate 10 to its intersection with the Hudspeth-El 
Paso County line; then north along the Hudspeth-El Paso County line to 
the point of beginning.
* * * * *

    Done in Washington, DC, this 16th day of November 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-29832 Filed 11-21-00; 8:45 am]
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