[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Rules and Regulations]
[Pages 10361-10362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5133]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 50

[Docket No. 00-105-2]
RIN 0579-AB36


Payments for Cattle and Other Property Because of Tuberculosis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are adopting as a final rule, with one change, an interim 
rule that amended the regulations regarding payments made in connection 
with animals and other property disposed of because of bovine 
tuberculosis. The interim rule provided that the Animal and Plant 
Health Inspection Service will make payments to owners of dairy cattle 
and other property used in connection with a dairy business and a dairy 
processing plant in the area of El Paso, TX, provided the owners agreed 
to dispose of their herds within 2 years, close their existing dairy 
operations, and refrain from establishing new cattle breeding 
operations in the area. As amended by this document, we will allow 
owners 3 years to dispose of their herds. The interim rule was 
necessary to further tuberculosis eradication efforts in the United 
States and protect livestock not affected with bovine tuberculosis from 
the disease.

EFFECTIVE DATE: April 4, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph Van Tiem, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 36, Riverdale, MD 20737-1231; (301) 734-7716.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis (tuberculosis) is a contagious, infectious, and 
communicable disease caused by Mycobacterium bovis. It affects cattle, 
bison, deer, elk, goats, and other warm-blooded species, including 
humans. 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 past 
century, 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 tuberculosis in livestock. Through this program, the Animal 
and Plant Health Inspection Service (APHIS) works cooperatively with 
the national livestock industry and State animal health agencies to 
eradicate tuberculosis from domestic livestock in the United States and 
prevent its recurrence.
    Federal regulations implementing this program are contained in 9 
CFR part 77, ``Tuberculosis'' and in the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication,'' January 22, 1999, edition, which is 
incorporated by reference into the regulations in part 77. 
Additionally, the regulations in 9 CFR part 50 (referred to below as 
the regulations) provide for the payment of indemnity to owners of 
certain animals destroyed because of tuberculosis, in order to 
encourage destruction of animals that are infected with, or at 
significant risk of being infected with, the disease.
    In an interim rule effective and published in the Federal Register 
on July 26, 2002 (57 FR 48745-48752, Docket No. 00-105-1), we amended 
the regulations in part 50 by providing that APHIS will make payments 
to owners of dairy cattle and other property used in connection with a 
dairy business and a dairy processing plant in the area of El Paso, TX, 
provided the owners agreed to dispose of their herds, close their 
existing dairy operations, and refrain from establishing new cattle 
breeding operations in the area. The interim rule was necessary to 
further tuberculosis eradication efforts in the United States and 
protect livestock not affected with bovine tuberculosis from the 
disease.
    Comments on the interim rule were required to be received on or 
before September 24, 2002. We did not receive any comments by that 
date. However, we are making one change to the interim rule. One 
condition of eligibility for payment for dairy cattle was that each 
owner agree to cease operations within the described area and dispose 
of all sexually intact cattle on the dairy operation premises no later 
than 2 years after eligible owners signed their respective agreements. 
We have learned from representatives of dairy cattle owners affected by 
the interim rule that 2 years is an insufficient amount of time to 
dispose of all of their cattle through market channels. Therefore, we 
are amending the regulations to provide that owners of dairy cattle and 
other property in the described area must cease all dairy cattle 
operations and dispose of all sexually intact cattle on the dairy 
operations premises no later than 3 years after all eligible owners 
sign their respective agreements.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule, with the 
change discussed in this document.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, this rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.

List of Subjects in 9 CFR Part 50

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


    Accordingly, the interim rule amending 9 CFR part 50 that was 
published at 67 FR 48745-48752 on July 26, 2002, is adopted as a final 
rule with the following changes:

PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

    1. The authority citation for part 50 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

    2. In Sec.  50.17, paragraphs (b)(1) and (d) are revised to read as 
follows:


Sec.  50.17  Payment.

* * * * *
    (b) * * *
    (1) Cease all dairy cattle operations within the described area and 
dispose of all sexually intact cattle on the dairy operation premises 
no later than 3 years after all eligible owners have signed their 
respective agreements;
* * * * *
    (d) Any dairy cattle added to a premises after the date an owner 
has signed the agreement required under paragraph (b) of this section 
will not be included in the rate calculation in paragraph (c) of this 
section and must be disposed of within 3 years after all eligible 
owners have signed their respective agreements.
* * * * *


[[Page 10362]]


    Done in Washington, DC, this 28th day of February 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-5133 Filed 3-4-03; 8:45 am]
BILLING CODE 3410-34-P