[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Proposed Rules]
[Pages 40329-40330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15072]


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 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. 69, No. 127 / Friday, July 2, 2004 / Proposed 
Rules  

[[Page 40329]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 02-111-1]


Tuberculosis; Amend the Definition of Affected Herd

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the tuberculosis regulations by 
removing the two different definitions of affected herd and replacing 
them with a single, updated definition. This action is necessary 
because the definitions that appear in the regulations are out-of-date 
and inconsistent. This action would provide more clarity to the 
regulations.

DATES: We will consider all comments that we receive on or before 
August 31, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 02-111-1, 
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. 02-111-1.
     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. 02-111-1'' on the subject 
line.
     Agency Web Site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.

    Reading Room: 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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Terry Beals, National Tuberculosis 
Program Coordinator, Eradication and Surveillance Team, National Center 
for Animal Health Programs, VS, APHIS, 4020 N. Lincoln Blvd., Suite 
101, Oklahoma City, OK 73105; (405) 427-2998.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is a contagious and infectious granulomatous 
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, lymph nodes, 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'' (UMR), January 22, 1999, edition, 
which is incorporated by reference into the regulations in part 77. The 
regulations restrict the interstate movement of cattle, bison, and 
captive cervids to prevent the spread of bovine tuberculosis. Subpart A 
of part 77 (Sec. Sec.  77.1-77.4) contains general provisions of the 
tuberculosis regulations such as definitions; subpart B (Sec. Sec.  
77.5-77.19) contains specific provisions regarding cattle and bison; 
and subpart C (Sec. Sec.  77.20-77.41) contains specific provisions 
regarding captive cervids.
    Currently, there are two definitions of affected herd in part 77. 
In Sec.  77.5, affected herd is defined as ``a herd in which 
tuberculosis has been disclosed in any cattle or bison by an official 
tuberculin test or by post mortem examination.'' In Sec.  77.20, 
affected herd is defined as ``a herd of captive cervids that contains 
or that has contained one or more captive cervids infected with 
Mycobacterium bovis (determined by bacterial isolation of M. bovis) and 
that has not tested negative to the three whole herd tests as 
prescribed in Sec.  77.39(d) of this part.''
    We are proposing to remove these two definitions, which are out-of-
date and inconsistent, and replace them with a new definition that 
would apply to cattle, bison, and captive cervids and be consistent 
with that in the UMR.
    We would define affected herd as ``a herd of livestock in which 
there is strong and substantial evidence that Mycobacterium bovis 
exists. This evidence should include, but is not limited to, any of the 
following: Epidemiologic evidence, histopathology, polymerase chain 
reaction (PCR) assay, bacterial isolation or detection, testing data, 
or association with known sources of infection.'' This single 
definition, which matches the definition in the UMR, would provide more 
clarity to the regulations. In addition, the proposed definition would

[[Page 40330]]

make the regulations more consistent with the UMR.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The 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.
    We are proposing to amend the tuberculosis regulations by removing 
the two different definitions of affected herd and replacing them with 
a single, updated definition. This action is necessary because the 
definitions that appear in the regulations are out-of-date and 
inconsistent. This action would provide more clarity to the 
regulations.
    No economic benefits of costs are associated with this action, 
which would simply update and clarify our definition of affected herd. 
This action would have no effects on small entities, other Federal 
agencies, State governments, or local governments.
    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 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.

    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. Section 77.2 would be amended by adding, in alphabetical order, 
a definition of affected herd to read as follows:


Sec.  77.2  Definitions.

* * * * *
    Affected herd. A herd of livestock in which there is strong and 
substantial evidence that Mycobacterium bovis exists. This evidence 
should include, but is not limited to, any of the following: 
Epidemiologic evidence, histopathology, polymerase chain reaction (PCR) 
assay, bacterial isolation or detection, testing data, or association 
with known sources of infection.
* * * * *


Sec. Sec.  77.5 and 77.20  [Amended]

    3. Sections 77.5 and 77.20 would be amended by removing the 
definitions of affected herd.

    Done in Washington, DC, this 29th day of June 2004.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-15072 Filed 7-1-04; 8:45 am]
BILLING CODE 3410-34-P