[Federal Register Volume 70, Number 140 (Friday, July 22, 2005)]
[Rules and Regulations]
[Pages 42259-42261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14445]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 04-068-1]


Tuberculosis in Cattle and Bison; State and Zone 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 
modified accredited advanced States, adding portions of two counties in 
New Mexico to the list of modified accredited advanced zones, and 
adding the remainder of the State to the list of accredited-free zones. 
We are taking this action based on our determination that New Mexico 
meets the requirements of the regulations for zone recognition and that 
one of the zones meets the criteria for designation as accredited-free.

DATES: This interim rule is effective July 22, 2005. We will consider 
all comments that we receive on or before September 20, 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. 04-068-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state your 
comment refers to Docket No. 04-068-1.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.

[[Page 42260]]

    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://aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. M.J. Gilsdorf, Director, 
Eradication and Surveillance Team, National Center for Animal Health 
Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231; 
(301) 734-6954.

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.

Conditions for Zone Recognition

    Under Sec. Sec.  77.3 and 77.4 of the regulations, in order to 
qualify for zone classification by APHIS, the State must meet the 
following requirements:
    1. The State must have adopted and must be enforcing regulations 
that impose restrictions 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 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 an infrastructure, 
laws, and regulations that 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 Split-State Status in New Mexico

    The State of New Mexico has been classified as modified accredited 
advanced for cattle and bison. However, we have received from the State 
of New Mexico a request for zone recognition in which State animal 
health officials have demonstrated that New Mexico meets the 
requirements listed above for the requested zone designation. 
Therefore, in this interim rule, we are recognizing two zones in New 
Mexico as described below.
    1. The smaller of the two zones consists of portions of Curry and 
Roosevelt Counties, NM.
    2. The second zone in New Mexico consists of the rest of the State.
    With regard to cattle and bison, State animal health officials in 
New Mexico have demonstrated to APHIS that, except for the smaller 
zone, New Mexico 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 those conditions, New Mexico has 
demonstrated that the larger zone has zero percent prevalence of 
affected cattle or bison herds and has had no findings of tuberculosis 
in any cattle or bison herds for the last 5 years. Additionally, the 
State complies with the conditions of the UMR.
    State animal health officials in New Mexico have demonstrated that 
the smaller zone meets the criteria for modified accredited advanced 
status for cattle and bison 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 classify a State or zone as modified accredited advanced--depending 
on the veterinary infrastructure, livestock demographics, and 
tuberculosis control and eradication measures in the State or zone--if 
the State or zone has fewer than 30,000 herds total and, of those, no 
more than 3 are affected herds for each of the most recent 2 years. 
Within the smaller zone in New Mexico, there are two tuberculosis-
affected cattle herds and New Mexico is conducting an aggressive 
program to eradicate the disease in the zone. There are no known 
affected herds in the remainder of the State. Under those conditions, 
the Administrator has determined that the smaller zone in New Mexico 
qualifies for modified accredited advanced status with regard to cattle 
and bison.
    Providing zone recognition for New Mexico will allow cattle 
producers in the State's accredited-free zone to move their cattle 
without a tuberculosis test, thus saving time and money. This action 
will therefore relieve restrictions that are no longer warranted, and 
facilitate further efforts of the National Tuberculosis Eradication 
Program.

Emergency Action

    This rulemaking is necessary on an emergency basis to establish two 
zones with separate tuberculosis risk classifications in New Mexico 
with regard to cattle and bison. Failure to

[[Page 42261]]

provide ``split-State status'' in New Mexico with regard to 
tuberculosis on an emergency basis could increase the likelihood of the 
spread of that disease by reducing the incentive for New Mexico to 
stringently restrict movement of tuberculosis-susceptible animals from 
high-risk areas within the State and to implement effective containment 
and eradication measures. 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). 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 removing New Mexico from the list of 
modified accredited advanced States, adding portions of two counties in 
New Mexico to the list of modified accredited advanced zones, and 
adding the remainder of the State to the list of accredited-free zones. 
We are taking this action based on our determination that New Mexico 
meets the requirements of the regulations for zone recognition and that 
one of the zones meets the criteria for designation as accredited-free.
    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.
    New Mexico is currently listed as a modified accredited advanced 
State. This status requires that cattle, bison, dairy goats, and 
cervids be tested for tuberculosis before they are moved interestate, 
unless the animals are from an accredited-free herd. This rule will 
reclassify nearly all of the counties in New Mexico as accredited-free 
zones. Only a portion of land lying within Roosevelt and Curry Counties 
will be classified as a modified accredited advanced zone. Thus, 
ruminants moved to other States from New Mexico's accredited-free zone 
will not require testing for tuberculosis prior to movement. Tuberculin 
testing, including veterinary fees and handling expenses, costs about 
$7.50 to $10 per test. Owners of these animals (other than owners of 
previously accredited-free herds) will therefore benefit by no longer 
having to bear the cost of the tuberculosis test. New Mexico producers 
can be expected to collectively save between $590,000 and $985,000 as a 
result of the upgrade in zone recognition.
    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.

0
2. In Sec.  77.7, paragraph (b) is revised to read as follows:


Sec.  77.7  Accredited-free States or zones.

* * * * *
    (b) The following are accredited-free zones: All of the State of 
New Mexico except for the zone that comprises those portions of Curry 
and Roosevelt Counties, NM, described in Sec.  77.9(b)(2).
* * * * *

0
3. In Sec.  77.9, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  77.9  Modified accredited advanced States or zones.

    (a) The following are modified accredited advanced States: 
California and Texas.
    (b) The following are modified accredited advanced zones:
    (1) 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).
    (2) The zone in New Mexico that comprises those portions of Curry 
and Roosevelt Counties, NM, described as follows:
    (i) Curry County (A) In T. 1 N., R. 34 E., of the New Mexico Prime 
Meridian (NMPM): S\1/2\ sec. 1; S\1/2\ sec. 2; SW\1/4\ sec. 3; SE\1/4\ 
sec. 4; W\1/2\ sec. 5; W\1/2\SE\1/4\ sec. 8; S\1/2\NE\1/4\ sec. 9; 
secs. 10 through 17; secs. 20 through 29; secs. 32 through 36.
    (B) In T. 1 N., R. 35 E., of the NMPM: S\1/2\ sec. 6; secs. 7 
through 9; S\1/2\ sec. 10; secs. 15 through 22; W\1/2\ sec. 23; W\1/2\ 
sec. 26; secs. 27 through 35.
    (ii) Roosevelt County. (A) In T. 1 S., R. 34 E., of the NMPM: Secs. 
1 through 5; secs. 9 through 14; secs. 23 through 26; secs. 35 through 
36.
    (B) In T. 1 S., R. 35 E., of the NMPM: Secs. 2 through 10; secs. 15 
through 22; SW\1/4\ sec. 23; W\1/2\SE\1/4\ sec. 26; secs. 27 through 
35.
    (C) In T. 2 S., R. 34 E., of the NMPM: Secs. 1 and 2; secs. 11 
through 13; N\1/2\SE\1/4\ sec. 14; N\1/2\SW\1/4\ sec. 23; N\1/2\SE\1/4\ 
sec. 24.
    (D) In T. 2 S., R. 35 E., of the NMPM: Secs. 2 through 11; secs. 14 
through 21; N\1/2\SW\1/4\ sec. 22; N\1/2\NW\1/4\ sec. 23; W\1/2\ sec. 
30.
* * * * *

    Done in Washington, DC, this 18th day of July, 2005.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-14445 Filed 7-20-05; 10:42 am]
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