[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Rules and Regulations]
[Pages 43618-43621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18850]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 03-044-1]


Tuberculosis in Cattle and Bison; State Designations; New Mexico

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 regarding 
State and zone classifications by removing New Mexico from the list of 
accredited-free States and adding it to the list of modified accredited 
advanced States. This action is necessary to help prevent the spread of 
tuberculosis because New Mexico no longer meets the requirements for 
accredited-free State status.

DATES: This interim rule is effective July 24, 2003.
    Compliance Date: The date for complying with certain requirements 
of 9 CFR 77.10 for sexually intact heifers, steers, and spayed heifers 
moving interstate from the State of New Mexico is September 30, 2003 
(see ``Delay in Compliance'' under SUPPLEMENTARY INFORMATION). The 
compliance date for all other provisions in 9 CFR part 77 applicable to 
the interstate movement of cattle and bison from the State of New 
Mexico is July 24, 2003.
    Comment Date: We will consider all comments that we receive on or 
before September 22, 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. 03-044-1, 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. 03-044-1. 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

[[Page 43619]]

address in your message and ``Docket No. 03-044-1'' 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. Terry Beals, Senior Staff 
Veterinarian, Eradication and Surveillance Team, National Center for 
Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, 
MD 20737-1231; (301) 734-5467.

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 bovine 
tuberculosis. Subpart B of the regulations contains requirements for 
the interstate movement of cattle and bison not known to be infected 
with or exposed to tuberculosis. The interstate movement requirements 
depend upon whether the animals are moved from an accredited-free State 
or zone, modified accredited advanced State or zone, modified 
accredited State or zone, accreditation preparatory State or zone, or 
nonaccredited State or zone.
    The status of a State or zone is based on its freedom from evidence 
of tuberculosis in cattle and bison, the effectiveness of the State's 
tuberculosis eradication program, and the degree of the State's 
compliance with the standards for cattle and bison contained in the 
UMR. In an interim rule published in the Federal Register on October 
23, 2000, and effective on November 22, 2000 (65 FR 63502-63533, Docket 
No. 99-038-5), we, among other things, raised the designation of New 
Mexico from modified accredited to accredited-free.
    Recently, two tuberculosis-affected herds (one dairy herd in the 
fall of 2002 and another dairy herd in the winter of 2002-2003) were 
detected in Roosevelt County, NM. Under the regulations in Sec.  
77.7(c), 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. Therefore, we are 
amending the regulations by removing New Mexico from the list of 
accredited-free States or zones and adding it to the list of modified 
accredited advanced States or zones.
    The two affected herds detected in the State have been quarantined, 
and a complete epidemiological investigation into the potential sources 
of the disease is being conducted. In cooperation with the State, we 
have continuously tested area cattle for tuberculosis since the 
investigation began.
    Under the regulations in Sec.  77.10, cattle or bison that 
originate in a modified accredited advanced State or zone, and are not 
known to be infected with or exposed to tuberculosis, may be moved 
interstate only under one of the following conditions:
    [sbull] The cattle or bison are moved directly to slaughter at an 
approved slaughtering establishment (Sec.  77.10(a));
    [sbull] The cattle or bison are sexually intact heifers moved to an 
approved feedlot, or are steers or spayed heifers; and are either 
officially identified or identified by premises of origin 
identification (Sec.  77.10(b));
    [sbull] The cattle or bison are from an accredited herd and are 
accompanied by a certificate stating that the accredited herd completed 
the testing necessary for accredited status with negative results 
within 1 year prior to the date of movement (Sec.  77.10(c)); or
    [sbull] The cattle or bison are sexually intact animals, are not 
from an accredited herd, are officially identified, and are accompanied 
by a certificate stating that they were negative to an official 
tuberculin test conducted within 60 days prior to the date of movement 
(Sec.  77.10(d)).

Delay in Compliance

    In an interim rule effective June 3, 2002, and published in the 
Federal Register on June 6, 2002 (67 FR 38841-38844, Docket No. 02-021-
1), we amended the regulations by classifying the State of Texas as 
modified accredited advanced. In another interim rule effective and 
published in the Federal Register on April 25, 2003 (68 FR 20333-20336, 
Docket No. 03-005-1), we amended the regulations by classifying the 
State of California as modified accredited advanced. Given the size and 
complexity of the cattle industries in Texas and California, we delayed 
the date for complying with certain identification and certification 
requirements in Sec.  77.10 for sexually intact heifers, steers, and 
spayed heifers moving interstate from the States of Texas and 
California until September 30, 2003.
    In the interests of equitable treatment for producers in New 
Mexico, we are similarly delaying the date of compliance with the 
following interstate movement requirements of Sec.  77.10 for sexually 
intact heifers, steers, and spayed heifers moving interstate from the 
State of New Mexico until September 30, 2003:
    [sbull] The identification of sexually intact heifers moving to 
approved feedlots and steers and spayed heifers (Sec.  77.10(b));
    [sbull] The identification requirements for sexually intact heifers 
moving to feedlots that are not approved feedlots (Sec.  77.10(d));
    [sbull] Because identification is required for certification, the 
certification requirements for sexually intact heifers moving to 
unapproved feedlots (Sec.  77.10(d)).
    All other applicable provisions of the regulations will be in 
effect as ofthe effective date of this rule.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
spread of tuberculosis in the United States. 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 we receive during the comment period for 
this interim rule (see DATES above).

[[Page 43620]]

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.

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 under 
Executive Order 12866.
    Prior to this rule, the State of New Mexico was classified as an 
accredited-free State for cattle and bison. However, two infected herds 
have been discovered within a 48-month period. Under the regulations, 
if two or more affected herds are detected in an accredited-free State 
or zone within a 48-month period, the State or zone must be 
reclassified as modified accredited advanced. In keeping with that 
requirement, this interim rule removes New Mexico from the list of 
accredited-free States and adds it to the list of modified accredited 
advanced States.
    In 2001, there were approximately 8,500 cattle and bison operations 
in New Mexico, totaling 1.58 million head. According to the National 
Agricultural Statistics Service, the total cash value of cattle in New 
Mexico was over $1.3 billion as of that year. Over 92 percent of New 
Mexico's cattle operations yield less than $750,000 annually and are, 
therefore, considered small entities under criteria established by the 
Small Business Administration.
    This interim rule changes the status of New Mexico to modified 
accredited advanced, resulting in interstate movement restrictions 
where none existed previously. Specifically, as explained previously, 
Sec.  77.10 requires that, for movement to certain destinations, 
animals must test negative to an official tuberculin test and/or be 
officially identified by premises of origin identification before 
interstate movement.
    This rule will prove beneficial by preventing the spread of 
tuberculosis to other areas of the United States. However, the stricter 
requirements for interstate movement will have an economic effect on 
those producers involved in the interstate movement of cattle and bison 
from New Mexico. As such, this analysis will focus on the expenses 
incurred by those producers engaged in interstate movement and in 
determining whether those negative impacts are significant.
    The approximate per head tuberculin testing cost is $3.76, and the 
cost of official identification (an eartag) and an applicator is about 
$0.16 per head plus the cost of labor to apply the eartags. On January 
1, 2002, the average value per animal in New Mexico was estimated to be 
$840, which translates to an average value per 185-head herd of about 
$155,400. Thus, we believe that the added cost of the required 
tuberculin testing and identification is small relative to the average 
value of cattle and bison, representing less than 1 percent of the per 
head value. Further, since this rule provides for a delay in date of 
compliance with the identification requirements in Sec.  77.10(b) and 
(d), some herd owners' identification costs may be deferred until at 
least September 30, 2003.
    The expenses stemming from the testing and identification 
requirements are not expected to be substantial for cattle and bison 
owners in New Mexico. The more a particular herd owner engages in 
interstate movement, the greater the resulting expense. Unfortunately, 
the exact number of herd owners involved in interstate movement is 
unknown. However, it is clear that this change in status will not have 
an economically substantial effect on cattle and bison herd owners in 
New Mexico.
    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 rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0229 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2) 
Docket No. 03-044-1, Regulatory Analysis and Development, PPD, APHIS, 
Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Please state that your comments refer to Docket No. 03-044-1 and send 
your comments within 60 days of publication of this rule.
    This interim rule removes New Mexico from the list of accredited-
free States for bovine tuberculosis and adds it to the list of modified 
accredited advanced States. Cattle or bison that originate in a 
modified accredited advanced State or zone, and are not known to be 
infected with or exposed to tuberculosis, may be moved interstate only 
if the animals meet certain conditions with regards to transport, 
identification, and accreditation. These conditions are detailed in the 
SUPPLEMENTARY INFORMATION portion of this document as well as in Sec.  
77.10 of the regulations. As previously noted however, these 
requirements are suspended until September 30, 2003. We are soliciting 
comments from the public (as well as affected agencies) concerning our 
information collection and recordkeeping requirements. These comments 
will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
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 0.016 hours per response.
    Respondents: Certain herd owners in New Mexico.
    Estimated annual number of respondents: 375.

[[Page 43621]]

    Estimated annual number of responses per respondent: 100.
    Estimated annual number of responses: 37,500.
    Estimated total annual burden on respondents: 600 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this interim rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 9 CFR Part 77

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


0
Accordingly, we are amending 9 CFR part 77 as follows:

PART 77--TUBERCULOSIS

0
1. The authority citation for part 77 continues to read as follows:

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


Sec.  77.7  [Amended]

0
2. In Sec.  77.7, paragraph (a) is amended by removing the words ``New 
Mexico,''.


Sec.  77.9  [Amended]

0
3. In Sec.  77.9, paragraph (a) is amended by adding the words '', New 
Mexico,'' immediately after the word ``California''.


Sec.  77.10  [Amended]

0
4. Section 77.10 is amended by revising the OMB control number citation 
at the end of the section to read as follows: ``(Approved by the Office 
of Management and Budget under control numbers 0579-0146, 0579-0220, 
and 0579-0229)''.

    Done in Washington, DC, this 18th day of July 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-18850 Filed 7-23-03; 8:45 am]
BILLING CODE 3410-34-P