[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Rules and Regulations]
[Pages 39780-39782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16315]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 00-055-1]


Tuberculosis in Cattle and Bison; State and Zone Designations

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 risk classifications to remove the split-State status of 
the State of Michigan and to classify the entire State as nonmodified 
accredited. This action is necessary to help prevent the spread of 
tuberculosis because Michigan no longer meets the requirements for 
split-State status.

DATES: This interim rule is effective June 22, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
August 28, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
055-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 00-055-1.
    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.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph Van Tiem, Senior Staff 
Veterinarian, VS, APHIS, USDA, 4700 River Road Unit 43, Riverdale, MD 
20737-1231; (301) 734-7716.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is a contagious, infectious, and communicable 
disease caused by Mycobacterium bovis. It affects cattle, bison, deer, 
elk, goats, and other species, including humans. Bovine tuberculosis in 
infected animals and humans manifests itself in lesions of the lung, 
bone, and other body parts, causes weight loss and general 
debilitation, and can be fatal.
    At the beginning of this century, bovine 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 bovine tuberculosis in 
livestock.
    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 bovine 
tuberculosis.
    Restrictions on the interstate movement of cattle and bison not 
known to be infected with or exposed to tuberculosis are based on 
whether the animals are moved from States or zones designated as 
accredited-free States or zones, accredited-free (suspended) States or 
zones, modified accredited States or zones, or nonmodified accredited 
States or zones. 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

[[Page 39781]]

program, and the degree of the State's compliance with the standards 
for cattle and bison contained in the UMR.
    Prior to the effective date of an interim rule that we published in 
the Federal Register on November 1, 1999 (64 FR 58769-58780, Docket No. 
99-008-1), and that was effective as of October 20, 1999, there were no 
provisions in the regulations to allow separate tuberculosis status for 
different zones within a State. Even if herds affected with 
tuberculosis were confined to a very limited area of a State, the 
classification of the entire State had to take into account the disease 
situation in that limited area.
    One of the changes to the regulations we made in our interim rule 
was to allow recognition of separate zones with differing tuberculosis 
risk classifications within a State. We defined ``zone'' to mean a 
defined geographic land area identifiable by geological, political, 
manmade, or surveyed boundaries, with mechanisms of disease spread, 
epidemiological characteristics, and the ability to control the 
movement of animals across the boundary of the zone taken into account.
    To achieve APHIS recognition of such zones, the zones and the State 
in question must meet certain requirements. First, the State must have 
the legal and financial resources to implement and enforce a 
tuberculosis eradication program, as well as the infrastructure, laws, 
and regulations to require and ensure that tuberculosis cases are 
reported to State and Federal regulatory authorities. Further, the 
State must maintain 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 herds in each zone 
at a 2 percent prevalence rate (the average prevalence in a herd 
containing infected animals) with 95 percent confidence. Additionally, 
a State seeking APHIS recognition of a zone with regard to tuberculosis 
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. As we stated in the interim rule, such a 
memorandum of understanding is necessary to address epidemiological 
circumstances particular to the State in question. For instance, in a 
State in which free-ranging wildlife may be a reservoir of 
tuberculosis, it may be necessary to conduct baseline surveillance 
among such wildlife; whereas in a State with less of a risk of 
tuberculosis in wildlife, such surveillance may not be necessary.
    In the interim rule, we recognized specific zones in only one 
State--the State of Michigan. We stated that Michigan had demonstrated 
to APHIS that it had the resources to enforce a tuberculosis 
eradication program and to ensure that diagnoses of tuberculosis are 
reported to State and Federal authorities, and that it was capable of 
maintaining surveillance that allows detection of tuberculosis in the 
overall population of livestock at a 2 percent prevalence rate with 95 
percent confidence. We stated additionally that Michigan would enter 
into a memorandum of understanding with APHIS regarding any conditions 
for zone recognition particular to that State's circumstances.
    Based on the conditions described above, in our November 1, 1999, 
interim rule, we recognized two zones in Michigan. The smaller of the 
two zones was classified as nonmodified accredited because the 
prevalence of tuberculosis among cattle and bison in that zone exceeded 
the level allowable for modified accredited status. The larger zone, 
which consisted of most of Michigan, was classified as accredited free.
    Because tuberculosis exists in wildlife, particularly cervids, in 
the smaller zone in Michigan to such an extent that it poses a 
significant risk to livestock, the memorandum of understanding between 
APHIS and the State of Michigan included provisions to address that 
risk. These provisions included an agreement by Michigan to establish 
three areas of descending risk in the nonmodified accredited zone, with 
minimum dimensions for the areas of greatest risk. Michigan further 
agreed to enforce certification, testing, and other surveillance 
requirements for intrastate movement within the nonmodified accredited 
zone.
    At the time we published our November 1, 1999, interim rule, the 
detection of tuberculosis in Michigan was limited to a small enough 
number of livestock herds and localized groups of wildlife that the 
State had determined it could adequately enforce the intrastate 
restrictions in the memorandum of understanding. However, since 
November 1999, Michigan has detected tuberculosis in wildlife at 
additional sites involving a greater area of the nonmodified accredited 
zone. Due to these additional detections, Michigan has now determined 
that it can carry out its tuberculosis control and eradication program 
more effectively with a single set of statewide requirements than with 
different requirements for two zones within the State. Therefore, in 
this interim rule, we are removing Michigan's split-State tuberculosis 
status. Because the prevalence of tuberculosis-affected cattle and 
bison herds in Michigan as a whole slightly exceeds that allowed for 
either accredited-free or modified accredited status, we are 
classifying Michigan as nonmodified accredited.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment.
    Because the State of Michigan has determined that it cannot at this 
time effectively carry out its tuberculosis eradication program on the 
basis of split-State tuberculosis status, it is necessary for APHIS to 
remove such status from the State to help prevent the spread of 
tuberculosis to and among livestock.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make this 
action effective less than 30 days after publication in the Federal 
Register. We will consider comments that are received within 60 days of 
publication of this rule in the Federal Register. 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 as a result of the 
comments.

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 
process required by Executive Order 12866.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a final regulatory 
flexibility analysis.

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

[[Page 39782]]

intergovernmental consultation with State and local officials. (See 7 
CFR part 3015, subpart V.)

Executive Order 12988

    This interim 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 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, Incorporation by reference, 
Reporting and recordkeeping requirements, Transportation, Tuberculosis.

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

PART 77--TUBERCULOSIS

    1. The authority citation for part 77 continues to read as follows:

    Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, 
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).


    2. Section 77.3 is amended by revising paragraph (b) to read as 
follows:


Sec. 77.3  Accredited-free States or zones.

* * * * *
    (b) The following are accredited-free zones: None.
* * * * *

    3. Section 77.5 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 77.5  Nonmodified accredited States or zones.

    (a) The following are nonmodified accredited States: Michigan.
    (b) The following are nonmodified accredited zones: None.
* * * * *

    Done in Washington, DC, this 22nd day of June 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-16315 Filed 6-27-00; 8:45 am]
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