[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Rules and Regulations]
[Pages 4808-4810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-839]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2006-0004]


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

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 Minnesota 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 Minnesota no longer meets the requirements for 
accredited-free State status.

DATES: This interim rule was effective January 24, 2006. We will 
consider all comments that we receive on or before March 31, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2006-0004 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0004, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0004.
    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.

[[Page 4809]]

    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

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.
    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. Prior to this interim rule, Minnesota was designated accredited-
free.
    Recently, five tuberculosis-affected herds have been detected in 
Minnesota. 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 Minnesota from the list of accredited-free States or zones and 
adding it to the list of modified accredited advanced States or zones.
    The five affected herds detected in the State have been 
quarantined, four of the herds have been depopulated, and a complete 
epidemiological investigation into the potential sources of the disease 
is being conducted.
    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:
     The cattle or bison are moved directly to slaughter at an 
approved slaughtering establishment (Sec.  77.10(a));
     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));
     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
     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 With Certain Provisions

    In a document published in the Federal Register on March 22, 2004 
(69 FR 13218-13219, Docket No. 03-072-2), we delayed the date for 
compliance with certain identification requirements in Sec.  77.10, 
``Interstate movement from modified accredited advanced States and 
zones,'' until further notice. 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]).
    The March 2004 compliance date delay followed a series of shorter-
term delays that we had issued when Texas, California, and New Mexico 
were classified as modified accredited advanced States in 2002 and 2003 
(a complete time line of those events can be found in the March 2004 
document cited above).
    Although the compliance date was delayed originally for Texas, we 
extended its applicability to California and New Mexico when those 
States were downgraded to modified accredited advanced to provide 
equitable treatment for producers in those two States, and have allowed 
producers in the modified accredited advanced zone in Michigan to 
operate under the delay as well. While the delay is no longer 
applicable to California and the majority of New Mexico because of the 
return of those areas to accredited-free status, the delay in 
compliance remains in effect for Texas and the modified accredited 
advanced zones in New Mexico and Michigan. Therefore, in the interests 
of equitable treatment for producers in Minnesota, the delay in 
compliance with the specific provisions of Sec.  77.10(b) and (d) cited 
above is hereby extended to Minnesota.

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). 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.

[[Page 4810]]

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 Minnesota was classified as an 
accredited-free State for cattle and bison. However, five 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 Minnesota from the 
list of accredited-free States and adds it to the list of modified 
accredited advanced States.
    As of January 2005, there were approximately 27,000 cattle and 
bison operations in Minnesota, totaling 2.4 million head. According to 
the National Agricultural Statistics Service, the total cash value of 
cattle in Minnesota was over $2.3 billion as of that year. Over 99 
percent of Minnesota'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 Minnesota 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 Minnesota. 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 cost of tuberculin testing and individual identification is 
between $10 and $15 per head, which includes the labor costs of the 
veterinarian to test and apply official identification. On January 1, 
2005, the average value per animal in Minnesota was estimated to be 
$950. 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 between 1 and 1.6 percent of the average 
animal's 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.
    The expenses stemming from the testing and identification 
requirements are not expected to be substantial for cattle and bison 
owners in Minnesota. The more a particular herd owner engages in 
interstate movement, the greater the resulting expense. However, 
Minnesota is a net importing State in the interstate movement of live 
cattle, and the latest data on interstate cattle movement shows that in 
2003, Minnesota imported 370,640 live cattle from other States, and 
exported 104,729 live cattle to other States (ERS/USDA). Minnesota's 
net interstate imports of live cattle were 265,911 head and that year 
was not an exception to this trend of a net inflow.
    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.

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

PART 77--TUBERCULOSIS

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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]

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2. In Sec.  77.7, paragraph (a) is amended by removing the word 
``Minnesota,''.

Sec.  77.9  [Amended]

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3. In Sec.  77.9, paragraph (a) is amended by adding the words 
``Minnesota and'' immediately before the word ``Texas''.

    Done in Washington, DC, this 24th day of January 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-839 Filed 1-27-06; 8:45 am]
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