[Federal Register Volume 68, Number 66 (Monday, April 7, 2003)]
[Proposed Rules]
[Pages 16733-16735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8332]


 ========================================================================
 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. 68, No. 66 / Monday, April 7, 2003 / Proposed 
Rules  

[[Page 16733]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 02-112-1]


Tuberculosis in Cattle and Bison; 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 regulations 
by establishing two separate zones with different tuberculosis risk 
classifications in the State of Michigan and raising the designation of 
one of those zones from modified accredited to modified accredited 
advanced. We are proposing this action based on our determination that 
Michigan meets the requirements for zone recognition and that one of 
the zones meets the criteria for designation as modified accredited 
advanced.

DATES: We will consider all comments that we receive on or before June 
6, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-112-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-112-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-112-1'' on the subject line.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph VanTiem, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 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. We propose to amend the regulations to establish two 
tuberculosis classification zones within Michigan.

Conditions for Zone Recognition

    Under Sec. Sec.  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 restriction 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 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 the infrastructure, 
laws, and regulations to 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 Michigan

    Currently, the State of Michigan is classified as modified 
accredited for cattle and bison. However, we have received from the 
State of Michigan a request for zone recognition in which State animal 
health officials demonstrate that Michigan meets the requirements 
listed above for the requested zone recognition. Therefore, we propose 
to recognize two zones in Michigan as follows:
    [sbull] The smaller of the two zones would consist of Alcona, 
Alpena, Cheboygan, Crawford, Emmet, Montmorency, Oscoda, Otsego, and 
Presque Isle

[[Page 16734]]

Counties and those portions of Iosco and Ogemaw Counties that are north 
of the southernmost boundary of the Huron National Forest and the Au 
Sable State Forest.
    [sbull] The second zone in Michigan would consist of the remainder 
of the State.
    The criteria for modified accredited advanced status are 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 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. State animal health officials in 
Michigan have demonstrated to APHIS that, except for the smaller zone, 
Michigan now meets these criteria.
    The criteria for modified accredited status are set forth in the 
definition of Modified accredited State or zone in Sec.  77.5 of the 
regulations. According to those criteria, 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. State animal health officials in 
Michigan have demonstrated to APHIS that the smaller zone meets these 
criteria.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review under Executive Order 12866.
    Bovine tuberculosis is a communicable disease of cattle, bison, 
cervids and other species, including humans, and results in losses of 
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.
    Currently, the State of Michigan is classified as modified 
accredited for cattle and bison. We propose to amend the regulations to 
establish two classification zones within Michigan. Alcona, Alpena, 
Cheboygan, Crawford, Emmet, Montmorency, Oscoda, Otsego, and Presque 
Isle Counties and those portions of Iosco and Ogemaw Counties that are 
north of the southernmost boundary of the Huron National Forest and the 
Au Sable State Forest would be classified as modified accredited. The 
designation of the remaining counties in the State would be raised from 
modified accredited to modified accredited advanced. We discuss below 
the projected effects of the proposed action.
    As of January 2002, there were approximately 15,500 cattle 
operations in Michigan, totaling 990,000 head of cattle. According to 
the National Agricultural Statistics Service, the reported total cash 
value of cattle in Michigan is $900.9 million as of that year. Over 98 
percent of Michigan's cattle operations yield less than $750,000 in 
yearly revenues and are therefore considered small entities under 
criteria established by the Small Business Administration.
    For those counties or portions of counties in the smaller zone that 
would remain under modified accredited status, there would be no change 
in production costs. These 11 counties contribute approximately 63,100 
head of cattle to the statewide total, representing only 6.4 percent of 
total cattle production in Michigan. The counties or portions of 
counties in the larger zone that would be raised from modified 
accredited status to modified accredited advanced status would 
experience fewer interstate movement restrictions associated with pre-
movement testing requirements. Decreased tuberculin testing would 
result in decreased production costs for the affected producers, thus 
providing the monetary benefit described below.
    The approximate per head tuberculin testing cost is $6.33, based on 
an average Michigan herd consisting of 60 animals. This is compared to 
an average sale value of approximately $910 per head. Thus, savings 
resulting from reduced testing represent less than 1 percent of the 
per-head value. This benefit is relatively small when compared to the 
total size and significance of the cattle and bison industry in 
Michigan and the United States overall.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
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 preempted; (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

    This proposed 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 propose to amend 9 CFR part 77 as follows:

PART 77--TUBERCULOSIS

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

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

    2. In Sec.  77.9, paragraph (b) would be revised to read as 
follows:


Sec.  77.9  Modified accredited advanced States or zones.

* * * * *
    (b) The following are modified accredited advanced zones: All of 
the State of Michigan except for the zone that comprises those counties 
or portions of counties in Michigan described in Sec.  77.11(b).
* * * * *
    3. In Sec.  77.11, paragraphs (a) and (b) would be revised to read 
as follows:


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 
that comprises Alcona, Alpena, Cheboygan, Crawford, Emmet, Montmorency, 
Oscoda, Otsego, and Presque Isle Counties and those portions of Iosco 
and Ogemaw Counties that are north of the southernmost boundary of the 
Huron National Forest and the Au Sable State Forest.
* * * * *


[[Page 16735]]


    Done in Washington, DC, this 1st day of April, 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-8332 Filed 4-4-03; 8:45 am]
BILLING CODE 3410-34-P