[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58252-58254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16299]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2006-0145]


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

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

DATES: This interim rule is effective September 29, 2006. We will 
consider all comments that we receive on or before December 4, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0145 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0145, 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-2006-0145.
    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: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Kathy Orloski, Epidemiologist, 
National Tuberculosis Eradication Program, National Center for Animal 
Health Programs, VS, APHIS, 2150 Centre Avenue, Building B, M/S 3E20, 
Fort Collins, CO 80526-8117, (970) 494-7221.

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,

[[Page 58253]]

accreditation preparatory State or zone, or nonaccredited State or 
zone.

Request for Accredited-free Status in Texas

    The entire State of Texas has been classified as modified 
accredited advanced for cattle and bison since June 3, 2002. Prior to 
that date, all of the State, except for a portion of El Paso and 
Hudspeth Counties, had been classified as an accredited-free zone; the 
zone in El Paso and Hudspeth Counties had been classified as modified 
accredited advanced. However, we have received from the State of Texas 
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 
Texas have demonstrated to APHIS that Texas 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, Texas has demonstrated that the zone within the State 
that had been previously classified as accredited-free 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 zone. Similarly, with 
respect to the zone in El Paso and Hudspeth Counties that was not 
previously accredited-free, Texas has demonstrated that the 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 
previous 5 years. Additionally, the State complies with the conditions 
of the UMR.
    Therefore, we are amending the regulations to remove Texas 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).

Nonsubstantive Correction

    In Sec.  77.9(b), the words ``The following are modified accredited 
advanced zones:'' appear as the introductory text of the paragraph and 
are repeated at the beginning of paragraph (b)(1). We are amending 
paragraph (b)(1) in this rule to eliminate that duplication.

Immediate Action

    Immediate action is warranted to accurately reflect the current 
tuberculosis status of Texas 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 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 Texas from 
modified accredited advanced to accredited-free. We have determined 
that Texas 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 Texas'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 $10 to $15 
per test. The average per-head value of cattle in Texas was $840 in 
2005, so the cost of testing represented between 1.2 and 1.8 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. In 2002, there were 13.979 million 
cattle and calves in Texas and approximately 122,194 farms with sales 
of cattle and calves. Over 99 percent of herd owners would be 
considered small businesses. Changing the status of Texas 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.

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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 adding the word 
``Texas,'' immediately after the word ``Tennessee,''.


Sec.  77.9  [Amended]

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3. Section 77.9 is amended as follows:
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a. In paragraph (a), by removing the words ``and Texas''.
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b. In paragraph (b)(1), by removing the words ``The following are 
modified accredited advanced zones:''.


[[Page 58254]]


    Done in Washington, DC, this 28th day of September 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-16299 Filed 10-2-06; 8:45 am]
BILLING CODE 3410-34-P