[Federal Register Volume 70, Number 72 (Friday, April 15, 2005)]
[Rules and Regulations]
[Pages 19877-19878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7553]



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  Federal Register / Vol. 70, No. 72 / Friday, April 15, 2005 / Rules 
and Regulations  

[[Page 19877]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 05-010-1]


Tuberculosis in Cattle and Bison; State and Zone Designations; 
California

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 raising the designation of California 
from modified accredited advanced to accredited-free. We have 
determined that California meets the criteria for designation as an 
accredited-free State.

DATES: This interim rule is effective April 15, 2005. We will consider 
all comments that we receive on or before June 14, 2005.

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. 05-010-1, 
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. 05-010-1.
     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 on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Michael Dutcher, Senior Staff 
Veterinarian, National Tuberculosis Eradication Program, 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 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'' (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.

Request for Accredited-Free Status in California

    The State of California has been classified as modified accredited 
advanced for cattle and bison. However, we have received from the State 
of California a request to be recognized as an accredited-free State 
for cattle and bison.
    With regard to cattle and bison, State animal health officials in 
California have demonstrated to APHIS that California meets the 
criteria for accredited-free status set forth in the definition of 
accredited-free State or zone in Sec.  77.5 of the regulations. In 
accordance with these conditions, California has demonstrated that the 
State has zero percent prevalence of affected cattle or bison herds and 
has had no findings of tuberculosis in any cattle or bison herds in the 
2 years since the depopulation of the last affected herd in the State. 
Additionally, the State complies with the conditions of the UMR.
    Therefore, we are amending the regulations to remove California 
from the list of modified accredited advanced States in Sec.  77.9(a) 
and adding it to the list of accredited-free States in Sec.  77.7(a).

Immediate Action

    Immediate action is warranted to accurately reflect the current 
tuberculosis status of California as an accredited-free State. This 
action will provide prospective cattle and bison buyers with accurate 
and up-to-date information, which may affect the marketability of 
cattle and bison since some prospective buyers prefer to buy cattle and 
bison from accredited-free States. Under these circumstances, the 
Administrator has determined that prior notice and opportunity for 
public

[[Page 19878]]

comment are contrary to the public interest and that there is good 
cause under 5 U.S.C. 553 for making this action 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). 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.
    We are amending the bovine tuberculosis regulations regarding State 
and zone classifications by raising the designation of California from 
modified accredited advanced to accredited-free. We have determined 
that California meets the criteria for designation as an accredited-
free State.
    Cattle or bison that originate in an accredited-free State or zone 
may be moved interstate without restriction, whereas sexually intact 
cattle and bison not from an accredited herd are required to have one 
negative test within 60 days prior to being moved interstate from a 
modified accredited advanced State or zone. Thus, raising California's 
designation to accredited-free will eliminate the costs of that testing 
for herd owners in the State. Tuberculosis testing, which includes 
veterinary fees and handling expenses, costs approximately $7.50 to $15 
per test. The average per-head value of cattle in California was $1,030 
in 2003, so the cost of testing represented between 0.7 and 1.5 percent 
of that average value. These cost savings, while beneficial, will not 
represent a significant monetary savings. Of course, the more a 
particular herd owner is involved in interstate movement, the greater 
the cost savings will be.
    Cattle and bison are moved interstate for slaughter, for use as 
breeding stock, or for feeding. California has approximately 22,000 
cattle and bison operations, totaling 5.2 million head. Over 90 percent 
of herd owners would be considered small businesses. Changing the 
status of California may enhance the marketability of cattle and bison 
from the State, since some prospective cattle and bison buyers prefer 
to buy cattle and bison from accredited-free States. This may also 
result in some beneficial economic impact on some small entities. 
However, based on our experience in similar designations of other 
States, the impact should not be significant.
    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 in conflict 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

    This 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.


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 adding the word 
``California,'' immediately after the word ``Arkansas,''.
0
3. In Sec.  77.9, paragraph (a) is revised to read as follows:


Sec.  77.9  Modified accredited advanced States or zones.

    (a) The following are modified accredited advanced States: New 
Mexico and Texas.
* * * * *

    Done in Washington, DC, this 12th day of April 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-7553 Filed 4-14-05; 8:45 am]
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