[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Proposed Rules]
[Pages 58524-58525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18379]


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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. 88, No. 165 / Monday, August 28, 2023 / 
Proposed Rules  

[[Page 58524]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 57 and 161

[Docket No. APHIS-2017-0002]
RIN 0579-AE39


National List of Reportable Animal Diseases; Revising Proposed 
Rule, and Reopening of Comment Period

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; revisions and reopening of comment period.

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SUMMARY: We are reopening the comment period for our proposed rule that 
would amend disease regulations to provide a National List of 
Reportable Animal Diseases (NLRAD). Our proposed rule would have 
required animal health professionals suspecting or diagnosing 
incidences of animal diseases or disease agents classified as 
``notifiable'' in the NLRAD to immediately report to both State and 
Federal officials. During the comment period for the proposed rule, 
however, several commenters raised concerns regarding the 
confidentiality of information reported under NLRAD, and that the 
Animal and Plant Health Inspection Service does not have the ability to 
provide Federal assurances of such confidentiality for information 
reported to States. In light of the validity of this concern, we are 
proposing a possible modification to our proposed rule to no longer 
require reporting to State officials; other existing Federal, State, 
and local disease reporting requirements would be unaffected, however. 
We are reopening the comment period for our proposed rule to provide 
interested persons with an opportunity to prepare and submit comments 
regarding this possible modification to the proposed rule.

DATES: The comment period for the proposed rule published on April 2, 
2020 (85 FR 18471-18477) is reopened. We will consider all comments 
that we receive on or before September 27, 2023.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and enter APHIS-2017-0002 in the Search field. 
Select the Documents tab, then select the Comment button in the list of 
documents.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2017-0002, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    The proposed rule and any comments we receive on this docket may be 
viewed at www.regulations.gov or in our reading room, which is located 
in Room 1620 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. EST, Monday through Friday, except holidays. To be sure someone is 
there to help you, please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. Jane Rooney, NLRAD Coordinator, 
Center for Epidemiology and Animal Health, Strategy and Policy, VS, 
APHIS, USDA 2150 Centre Ave., Building B, Mail Stop 2E6, Fort Collins, 
CO 80526-8117; 301-789-3064; [email protected].

SUPPLEMENTARY INFORMATION: On April 2, 2020, we published in the 
Federal Register (85 FR 18471-18477, Docket No. APHIS-2017-0002) \1\ a 
proposed rule to amend the animal disease regulations to provide for a 
national list of reportable animal diseases (NLRAD), as well as disease 
reporting requirements for animal health professionals identifying or 
suspecting NLRAD-listed diseases or conditions.
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    \1\ To view the proposed rule, go to www.regulations.gov. Enter 
APHIS-2017-0002 in the Search field.
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    In our proposed rule, we proposed to classify reportable diseases 
as either monitored or notifiable. We proposed to define notifiable 
disease as ``a disease or condition that requires immediate 
notification to Federal and State veterinary authorities,'' and 
proposed to require any animal health professional with knowledge of 
occurrence or suspected occurrence of an animal disease, disease agent, 
or condition listed as notifiable in the NLRAD to immediately report 
such identification or suspicion to both the Animal and Plant Health 
Inspection Service (APHIS) and the State where the livestock is 
located.
    Commenters on the proposed rule noted that some of the information 
reported could be personally identifiable or confidential, and they 
requested assurances from APHIS that the data would remain protected 
from third-party distribution.
    While processes and procedures exist at the Federal level to 
protect confidential information to the extent allowable under Federal 
law, APHIS, as a Federal agency, cannot control the release of 
information reported under NLRAD to a State. Instead, State and local 
laws and regulations regarding the release of the information would be 
operative.
    Accordingly, we are proposing to modify our proposed rule to no 
longer require reporting to States under NLRAD. Other Federal, State, 
and local disease reporting requirements would be unaffected.

Lists of Subjects

9 CFR Part 57

    Animal diseases, Reporting, and recordkeeping requirements.

9 CFR Part 161

    Reporting and recordkeeping requirements, Veterinarians.

Proposed Regulation Promulgation

    Accordingly, we propose to further amend 9 CFR part 57, as proposed 
to be amended at 85 FR 18476 (April 2, 2020) as set forth below:

PART 57--ANIMAL HEALTH DIAGNOSTICS AND TESTING

0
1. The authority for part 57 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  57.1   [Amended]

0
2. Amend Sec.  57.1, as proposed to be amended at 85 FR 18476, in the 
proposed definition of ``Notifiable disease,'' by removing the words 
``and State''.
0
3. Amend Sec.  57.2, as proposed to be amended at 85 FR 18476, by 
revising paragraph (d)(1) to read as follows:

[[Page 58525]]

Sec.  57.2   National List of Reportable Animal Diseases.

* * * * *
    (d) * * *
    (1) Notifiable diseases. Any animal health professional with 
knowledge of occurrence or suspected occurrence of an animal disease, 
disease agent, or condition listed as notifiable in the NLRAD must 
immediately report such identification or suspicion to APHIS. Reporting 
to APHIS may be accomplished as described on the NLRAD website 
available at: https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/monitoring-and-surveillance/nlrad/ct_national_list_reportable_animal_diseases, or by contacting a local 
APHIS office.\1\

    \1\ Contact information for APHIS offices can be found on the 
APHIS website at https://www.aphis.usda.gov/aphis/banner/contactus, 
or in the local phone directory (listed under Animal and Plant 
Health Inspection Service (APHIS), Veterinary Services).
* * * * *

    Done in Washington, DC, this 18th day of August 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-18379 Filed 8-25-23; 8:45 am]
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