[Federal Register Volume 69, Number 55 (Monday, March 22, 2004)]
[Rules and Regulations]
[Pages 13218-13219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6326]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 03-072-2]


Tuberculosis in Cattle and Bison; State and Zone Designations; 
Delay of Compliance Date

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule; delay of compliance date.

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SUMMARY: When we amended the bovine tuberculosis regulations to 
classify the States of Texas, California, and New Mexico as modified 
accredited advanced, we delayed the date for compliance with certain 
identification requirements in those regulations until September 20, 
2003. We subsequently extended that delay in the date for compliance 
until March 30, 2004. With this action, we are delaying the date for 
compliance until further notice. (See ``Delay in Compliance'' under 
SUPPLEMENTARY INFORMATION.)

DATES: The date for complying with certain requirements of 9 CFR 77.10 
for sexually intact heifers, steers, and spayed heifers moving 
interstate from the States of Texas, California, and New Mexico is 
delayed until further notice.

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

    Federal regulations implementing the National Cooperative State/
Federal Bovine Tuberculosis Eradication 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. 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.
    Under the regulations in Sec.  77.10, cattle and bison that 
originate in a modified accredited advanced State or zone and that are 
not known to be infected with or exposed to tuberculosis must meet 
certain identification, certification, and testing requirements prior 
to being moved interstate.

Delay in Compliance

    We recently published several interim rules that amended the 
regulations by changing the classification of the States of Texas, 
California, and New Mexico from accredited free to modified accredited 
advanced and that delayed compliance with certain provisions of Sec.  
77.10 until September 30, 2003. The interim rule that amended the 
classification of Texas was effective June 3, 2002, and published in 
the

[[Page 13219]]

Federal Register on June 6, 2002 (67 FR 38841-38844, Docket No. 02-021-
1); in a document published in the Federal Register on December 31, 
2002, the compliance date for certain provisions of Sec.  77.10 was 
extended from January 1, 2003, to September 30, 2003 (67 FR 79836-
79837, Docket No. 02-021-3). The interim rule that amended the 
classification of California was effective and published in the Federal 
Register on April 25, 2003 (68 FR 20333-20336, Docket No. 03-005-1). 
The interim rule that amended the classification of New Mexico was 
effective and published in the Federal Register on July 24, 2003 (68 FR 
43618-43621, Docket No. 03-044-1). Finally, in a document published in 
the Federal Register on August 8, 2003 (68 FR 47201-47202, Docket No. 
03-072-1), we extended the delay in the date for compliance until March 
30, 2004.
    The specific provisions of Sec.  77.10 that have a delayed 
compliance date are:

     The identification of sexually intact heifers 
moving to approved feedlots and steers and spayed heifers moving to any 
destination (Sec.  77.10(b));
     The identification requirements for sexually 
intact heifers moving to feedlots that are not approved feedlots (Sec.  
77.10(d)); and
     Because identification is required for 
certification, the certification requirements for sexually intact 
heifers moving to unapproved feedlots (Sec.  77.10(d)).

    Initially, we delayed the compliance with these requirements for 
the State of Texas for two reasons. First, the size of the cattle 
industry in Texas necessitated additional time to implement the 
identification requirements of the regulations. Second, some cattle 
that had begun moving through channels prior to the change in Texas' 
tuberculosis status would not have been identified at their premises of 
origin. In addition, we subsequently delayed the compliance date in 
response to comments received on the interim rule that classified Texas 
as modified accredited advanced and that also solicited comments on the 
current regulatory provisions of the domestic bovine tuberculosis 
eradication program. The compliance date was delayed for California and 
New Mexico to provide equitable treatment for producers in California 
and New Mexico.
    Based on the comments that we received on the interim rule for 
Texas, it appears that the tuberculosis risk associated with the 
movement of nonbreeding cattle from modified accredited advanced States 
or zones through feeder channels to slaughter is low and that 
identification requirements for certain cattle destined for slaughter 
may be unnecessary. We are developing a proposed rule to amend the 
regulations as a result of those comments; in order to provide time for 
that rulemaking to proceed, we are further delaying the date for 
compliance with the identification and certification requirements of 
Sec.  77.10(b) and (d) for nonbreeding cattle from the States of Texas, 
California, and New Mexico, until further notice. As stated in the 
interim rule for Texas, this delay in compliance does not apply to the 
movement of cattle from the former modified accredited advanced zone in 
El Paso and Hudspeth Counties, TX.

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

    Done in Washington, DC, this 16th day of March, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-6326 Filed 3-19-04; 8:45 am]
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