Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations 43923 

law or regulation, as specified in 

paragraph (c) of this section. Actions 

under a promotion plan—whether 

identification, qualification, evaluation, 

or selection of candidates—must be 

made without regard to race, color, 

religion, sex (including pregnancy and 

gender identity), national origin, age (as 

defined by the Age Discrimination in 

Employment Act of 1967, as amended), 

disability, genetic information 

(including family medical history), 

marital status, political affiliation, 

sexual orientation, labor organization 

affiliation or nonaffiliation, status as a 

parent, or any other non-merit-based 

factor, unless specifically designated by 

statute as a factor that must be taken 

into consideration when awarding such 

benefits, or retaliation for exercising 

rights with respect to the categories 

enumerated above, where retaliation 

rights are available, and must be based 

solely on job-related criteria. 

* * * * * 

PART 410—TRAINING 

■ 9. Revise the authority citation for 5 

CFR part 410 to read as follows: 

Authority: 5 U.S.C. 1103(c), 2301, 2302, 

4101, et seq.; E.O. 11348, 3 CFR, 1967 Comp., 

p. 275, E.O. 11478, 3 CFR 1966–1970 Comp., 

page 803, unless otherwise noted, E.O. 

13087; and E.O. 13152. 

■ 10. Revise § 410.302(a)(1) to read as 

follows: 

§ 410.302 Responsibility of the head of an 

agency. 

(a) Specific responsibilities. (1) The 

head of each agency must prescribe 

procedures as are necessary to ensure 

that the selection of employees for 

training is made without regard to race, 

color, religion, sex (including pregnancy 

and gender identity), national origin, 

age (as defined by the Age 

Discrimination in Employment Act of 

1967, as amended), disability, genetic 

information (including family medical 

history), marital status, political 

affiliation, sexual orientation, labor 

organization affiliation or nonaffiliation, 

status as parent, or any other non-meritbased factor, unless specifically 

designated by statute as a factor that 

must be taken into consideration when 

awarding such benefits, or retaliation for 

exercising rights with respect to the 

categories enumerated above, where 

retaliation rights are available, and with 

proper regard for their privacy and 

constitutional rights as provided by 

merit system principles set forth in 5 

U.S.C. 2301(b)(2). 

* * * * * 

PART 537—REPAYMENT OF STUDENT 

LOANS 

■ 11. Revise the authority citation for 5 

CFR part 537 to read as follows: 

Authority: 5 U.S.C. 2301, 2302, and 

5379(g); E.O. 11478, 3 CFR 1966–1970 

Comp., page 803, unless otherwise noted, 

E.O. 13087; and E.O. 13152. 

■ 12. Revise § 537.105(d) to read as 

follows: 

§ 537.105 Criteria for payment. 

* * * * * 

(d) Selection. When selecting 

employees (or job candidates) to receive 

student loan repayment benefits, 

agencies must ensure that benefits are 

awarded without regard to race, color, 

religion, sex (including pregnancy and 

gender identity), national origin, age (as 

defined by the Age Discrimination in 

Employment Act of 1967, as amended), 

disability, genetic information 

(including family medical history), 

marital status, political affiliation, 

sexual orientation, labor affiliation or 

nonaffiliation, status as a parent, or any 

other non-merit-based factor, unless 

specifically designated by statute as a 

factor that must be taken into 

consideration when awarding such 

benefits, or retaliation for exercising 

rights with respect to the categories 

enumerated above, where retaliation 

rights are available. 

PART 900—INTERGOVERNMENTAL 

PERSONNEL ACT PROGRAMS 

Subpart F—Standards for a Merit 

System of Personnel Administration 

■ 13. Revise the authority citation for 5 

CFR part 900, subpart F, to read as 

follows: 

Authority: 42 U.S.C. 4728, 4763; E.O. 

11589, 3 CFR part 557 (1971–75 

Compilation); 5 U.S.C. 2301, 2302, E.O. 

11478, 3 CFR 1966–1970 Comp., page 803, 

unless otherwise noted, E.O. 13087; and E.O. 

13152. 

■ 14. Revise § 900.603(e) to read as 

follows: 

§ 900.603 Standards for a merit system of 

personnel administration. 

* * * * * 

(e) Assuring fair treatment of 

applicants and employees in all aspects 

of personnel administration without 

regard to race, color, religion, sex 

(including pregnancy and gender 

identity), national origin, age (as defined 

by the Age Discrimination in 

Employment Act of 1967, as amended), 

disability, genetic information 

(including family medical history), 

marital status, political affiliation, 

sexual orientation, status as parent, 

labor organization affiliation or 

nonaffiliation in accordance with 

chapter 71 of title V, or any other nonmerit-based factor, or retaliation for 

exercising rights with respect to the 

categories enumerated above, where 

retaliation rights are available, and with 

proper regard for their privacy and 

constitutional rights as citizens. This 

‘‘fair treatment’’ principle includes 

compliance with the Federal equal 

employment opportunity and 

nondiscrimination laws. 

* * * * * 

[FR Doc. 2014–17802 Filed 7–25–14; 8:45 am] 

BILLING CODE 6320–B2–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 77 

[Docket No. APHIS–2014–0027] 

Approved Tests for Bovine 

Tuberculosis in Cervids 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations regarding official 

tuberculosis tests for captive cervids to 

remove the CervidTB Stat-Pak® as an 

official bovine tuberculosis test for the 

following species of captive cervids: 

Elk, red deer, white-tailed deer, fallow 

deer, and reindeer. We are also 

amending the regulations to specify that 

the Dual Path Platform (DPP)® test, 

which was previously a supplemental 

test to be used in conjunction with the 

CervidTB Stat-Pak®, is now considered 

a primary test, as well. We are taking 

this action because the CervidTB StatPak® is no longer being produced, and 

because we have determined that the 

DPP® test can reliably be used as a 

primary test for bovine tuberculosis in 

certain species of captive cervids. This 

action is necessary on an immediate 

basis so that the regulations do not 

continue to authorize usage of a 

discontinued test, yet still provide 

regulated entities with options in order 

to meet the testing requirements for 

captive cervids within the regulations. 

DATES: This interim rule is effective July 

29, 2014. We will consider all 

comments that we receive on or before 

September 29, 2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 


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43924 Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations 

1To view the interim rule, its supporting 

documents, or the comments that we received, go 

to http://www.regulations.gov/

#!docketDetail;D=APHIS-2012-0087. 

• Federal eRulemaking Portal: Go to: 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2014-0027. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2014–0027, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS-2014-0027 or 

in our reading room, which 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Owen Henderson, Senior Staff Cervid 

Tuberculosis Disease Specialist, Cervid 

Health Program, Sheep, Goat, Cervid, 

and Equine Health Center, Surveillance, 

Preparedness, and Response Services, 

VS, APHIS, 2150 Centre Avenue, 

Building B–3–123, Fort Collins, CO 

80526–8117; (970) 494–7317. 

SUPPLEMENTARY INFORMATION: 

Background 

Bovine tuberculosis is a contagious 

and infectious granulomatous disease 

caused by the bacterium Mycobacterium 

bovis. Although commonly defined as a 

chronic debilitating disease, bovine 

tuberculosis can occasionally assume an 

acute, rapidly progressive course. While 

any body tissue can be affected, lesions 

are most frequently observed in the 

lymph nodes, lungs, intestines, liver, 

spleen, pleura, and peritoneum. 

Although cattle are considered to be the 

true hosts of M. bovis, the disease has 

been reported in several other species of 

livestock, most notably bison and 

captive cervids. There have also been 

instances of infection in other domestic 

and nondomestic animals, as well as in 

humans. 

Through the National Cooperative 

State/Federal Bovine Tuberculosis 

Eradication Program, the Animal and 

Plant Health Inspection Service (APHIS) 

of the United States Department of 

Agriculture (USDA) works cooperatively 

with the Nation’s livestock industry and 

State animal health agencies to eradicate 

bovine 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,’’ which is 

incorporated by reference within the 

regulations. The regulations restrict the 

interstate movement of cattle, bison, and 

captive cervids to prevent the spread of 

bovine tuberculosis. Subpart C of the 

regulations (§§ 77.20 to 77.41, referred 

to below as the captive cervid 

regulations) addresses captive cervids. 

Currently, in the captive cervid 

regulations, there are several instances 

in which we require captive cervids to 

be tested with an official tuberculosis 

test. For example, in § 77.35, in order for 

a herd of captive cervids to be 

recognized as accredited, all cervids in 

the herd must have tested negative to at 

least two consecutive official 

tuberculosis tests, conducted at 9 to 15 

month intervals, with certain, limited 

exceptions. 

In § 77.20 of the captive cervid 

regulations, prior to issuance of this 

interim rule, the definition of official 

tuberculosis test listed the following as 

official tests for bovine tuberculosis in 

captive cervids: 

• The single cervical tuberculin (SCT) 

test, a primary test. 

• The comparative cervical tuberculin 

test (CCT) test, a supplemental test. 

• The CervidTB Stat-Pak® test, a 

primary test. 

• The Dual Path Platform (DPP®) test, 

a supplemental test. 

We specified that the SCT and CCT 

tests were official tuberculosis tests for 

all species of captive cervids in a final 

rule published in the Federal Register 

on December 31, 1998 (63 FR 72104– 

72129, Docket No. 92–076–2). We added 

the CervidTB Stat-Pak® and DPP® tests 

as official tuberculosis tests for captive 

elk, red deer, white-tailed deer, fallow 

deer, and reindeer in an interim rule 1

published in the Federal Register on 

January 9, 2013 (78 FR 1718–1723, 

Docket No. APHIS–2012–0087). 

We solicited comments concerning 

the interim rule for 60 days ending 

March 11, 2013. We received 11 

comments by that date. They were from 

captive cervid producers, an 

organization representing captive cervid 

producers within the United States, and 

an organization representing 

veterinarians within the United States. 

All commenters supported the rule. 

Since the interim rule was published, 

however, production of the CervidTB 

Stat-Pak® has been discontinued. For 

this reason, in this interim rule, we are 

amending the captive cervid regulations 

to remove the CervidTB Stat-Pak® from 

the list of official tuberculosis tests. 

When we were informed that the 

CervidTB Stat-Pak® test would be 

discontinued, we began to evaluate the 

possible use of the DPP® test as a 

primary test, with the intent of 

determining whether the DPP® test 

could be used in lieu of the CervidTB 

Stat-Pak® test once the latter ceased to 

be produced. We have determined that 

it can be used in such a manner. 

Accordingly, this rule also amends the 

captive cervid regulations to establish a 

testing protocol in which the DPP® test 

is used as both a primary and 

supplemental test for bovine 

tuberculosis in elk, red deer, whitetailed deer, fallow deer, and reindeer. 

Below, we discuss the changes we are 

making to the captive cervid 

regulations, by section. 

Definitions (§ 77.20) 

As we mentioned previously, prior to 

issuance of this interim rule, the 

definition of official tuberculosis test in 

§ 77.20 listed the CervidTB StatPak® as 

an official tuberculosis test. We are 

amending the definition of official 

tuberculosis test to remove the CervidTB 

StatPak® from the official tuberculosis 

tests listed in the definition. 

Section 77.20 also provides 

definitions of each official tuberculosis 

test. We are removing the definition of 

CervidTB Stat-Pak®. 

The definition of designated 

accredited veterinarian in § 77.20 had 

stated that, among other things, a 

designated accredited veterinarian is an 

accredited veterinarian who is trained 

and approved to draw the blood 

samples needed for the CervidTB StatPak® and DPP® test. (Both tests are 

serological.) We are amending the 

definition of designated accredited 

veterinarian to remove reference to the 

CervidTB Stat-Pak® test. 

Testing Procedures for Tuberculosis in 

Captive Cervids (§ 77.33) 

Section 77.33 of the captive cervid 

regulations specifies, among other 

things, who may administer official 

tuberculosis tests, which diagnostic 

laboratories have been approved by 

APHIS, the reporting requirements for 

each test, and how the tests will be 

interpreted. We are removing references 

to the CervidTB Stat-Pak® test from this 

section. We are also updating the Web 

addresses provided in paragraph (d)(2) 

of the section in light of a recent 

redesign of APHIS’ Web site, and 

replacing a reference to ‘‘local area VS 

offices’’ in the same paragraph with the 


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Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations 43925 

term ‘‘District offices,’’ which reflects 

current Agency terminology. 

Official Tuberculosis Tests (§ 77.34) 

As we mentioned previously, § 77.34 

of the captive cervid regulations 

contains requirements regarding the 

sequence in which official tuberculosis 

tests should be administered and the 

manner in which test results should be 

interpreted for purposes of the captive 

cervid regulations. Requirements 

regarding primary tests for tuberculosis 

are contained in paragraph (a) of 

§ 77.34; requirements for supplemental 

tests in paragraph (b). We are amending 

paragraph (a) of § 77.34 to reflect the 

fact that the CervidTB Stat-Pak® test is 

discontinued, and the DPP® test may 

now be used as a primary test. 

As amended, paragraph (a) of § 77.34 

specifies that the DPP® test is a primary 

test that may be used in individual 

captive elk, red deer, white-tailed deer, 

fallow deer, and reindeer, and in herds 

of these species that are of unknown 

tuberculous status. It further specifies 

that, with limited exceptions, each 

captive cervid that has non-negative test 

results to this initial DPP® test will be 

classified as a suspect and retested with 

the DPP® test no sooner than 30 days; 

a captive cervid that has non-negative 

test results to the DPP® test must not be 

retested using the SCT or CCT test. (We 

are also amending the paragraph to 

specify that the each captive cervid that 

responds to the SCT test must not be 

retested with the DPP® test.) Finally, it 

allows the DPP® test to be used in 

affected herds of captive elk, red deer, 

white-tailed deer, fallow deer, and 

reindeer, and in herds of these species 

that have received captive cervids from 

an affected herd; in such instances, each 

captive cervid that has non-negative test 

results to the DPP® test will be 

classified as a reactor, unless APHIS 

determines that the captive cervid 

should be classified as a suspect 

because of possible exposure to a 

tuberculous animal. 

With minor changes, these 

requirements for the use of the DPP®

test as a primary test mirror the 

requirements that had previously been 

in paragraph (a) of § 77.34 regarding use 

of the CervidTB Stat-Pak® test as a 

primary test. Most of the changes are 

editorial; one, which removes a 

reference to designated tuberculosis 

epidemiologists, reflects an 

organizational restructuring in APHIS 

and is discussed in greater detail later 

in this document. 

We are specifying that most captive 

cervids that have non-negative test 

results to the initial DPP® test must be 

classified as suspects and retested no 

sooner than 30 days later using the 

DPP® test as a supplemental test. By 

reduplicating the initial testing 

conditions to the extent practicable at 

such an interval, we have firm 

confidence in the test results provided 

by this second DPP® test. 

As amended, paragraph (b) of § 77.34 

specifies that the DPP® test may be used 

as a supplemental test to retest captive 

cervids that have been classified as 

suspects based on an initial DPP® test. 

It further specifies that this 

supplemental test must evaluate a 

serum sample drawn from the cervid no 

sooner than 30 days after the initial 

DPP® test, and that a captive cervid that 

has non-negative test results to two 

successive DPP® tests must be classified 

as a reactor, unless APHIS determines 

that another disease classification is 

warranted. 

Interstate Movements (§ 77.39) 

Section 77.39 of the captive cervid 

regulations contains restrictions on the 

interstate movement of captive cervid 

herds involved in an epidemiological 

investigation or subject to affected herd 

management. We are removing 

references to and provisions regarding 

the CervidTB Stat-Pak® test from this 

section. 

Miscellaneous 

Since the January 2013 interim rule to 

add the CervidTB Stat-Pak® and DPP 

tests to the captive cervid regulations 

was issued, the Office of Management 

and Budget (OMB) has approved the 

paperwork associated with that interim 

rule under the control number 0579– 

0412. We are adding a reference to this 

approval to § 77.33, which contains the 

paperwork requirements for which we 

sought OMB approval. 

Additionally, since the interim rule 

was published, APHIS’ Veterinary 

Services program has undergone a 

reorganization. As a result of this 

reorganization, APHIS has eliminated 

the role of designated tuberculosis 

epidemiologist (DTE). The functions 

previously reserved for DTEs are now 

performed by various APHIS personnel. 

As a result, we are removing references 

to DTEs from the captive cervid 

regulations, and are removing the 

definition of designated tuberculosis 

epidemiologist from § 77.2 of the 

regulations. We are replacing the 

references to DTEs within the captive 

cervid regulations with references to 

APHIS. 

Immediate Action 

Immediate action is warranted to 

provide regulated entities who must 

have their captive cervids tested in 

order to comply with the captive cervid 

regulations with additional testing 

options following discontinuation of the 

CervidTB Stat-Pak® test. 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 in which we will 

respond to the comments we receive 

and finalize or, as necessary, revise the 

provisions of this interim rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. 

This rule removes the CervidTB StatPak® as an official tuberculosis test for 

captive cervids, and establishes a testing 

protocol where the DPP® test may be 

used in lieu of the CervidTB Stat-Pak®

test. 

It is APHIS policy that owners are 

responsible for assuming the costs 

associated with primary official 

tuberculosis tests for bovine 

tuberculosis in captive cervids; the 

Agency assumes the cost of 

corroboratory testing. Bovine 

tuberculosis testing using the SCT test, 

including veterinary fees, costs about 

$10 to $15 per head. We have estimated 

bovine tuberculosis testing using the 

DPP® test to cost approximately $13 to 

$15 per head. Owners of captive cervids 

will not be required to use the DPP® test 

instead of the SCT test, but may choose 

to do so if they determine such use to 

be cost-effective for their operations. 

That being said, we do anticipate that 

producers may, in certain instances, 

experience benefits because of the 

availability of the DPP® test as official 

primary tuberculosis test for captive 

cervids. This is because of the nature of 

the DPP® test. As a serological test, it is 

relatively easy to administer, in 

comparison to the SCT and CCT tests, 

and does not require the animals to be 

held for a significant period of time 

while the test is applied. There is thus 

a lower risk of misapplication of the 


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43926 Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations 

tests and morbidity due to handling of 

the animals during application. 

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. It has no preemptive effect. 

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. 

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: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

§ 77.2 [Amended] 

■ 2. Section 77.2 is amended by 

removing the definition of designated 

tuberculosis epidemiologist (DTE). 

■ 3. Section 77.20 is amended as 

follows: 

■ a. In the definition of designated 

accredited veterinarian, by removing the 

words ‘‘CervidTB Stat-Pak® test and’’; 

■ b. By revising the definition of official 

tuberculosis test; and 

■ c. By removing the definition of 

CervidTB Stat-Pak® test. 

The revision reads as follows: 

§ 77.20 Definitions. 

* * * * * 

Official tuberculosis test. Any of the 

following tests for bovine tuberculosis 

in captive cervids, applied and reported 

in accordance with this part: 

(1) The single cervical tuberculin 

(SCT) test. 

(2) The comparative cervical 

tuberculin test (CCT) test. 

(3) The Dual Path Platform (DPP®) 

test. 

* * * * * 

■ 4. Section 77.33 is amended as 

follows: 

■ a. In paragraph (a)(2), by removing the 

words ‘‘CervidTB Stat-Pak® or’’; 

■ b. By revising paragraphs (d)(2) and 

(e)(3); 

■ c. By removing paragraph (e)(4); and 

■ d. By adding an OMB citation at the 

end of the section. 

The addition and revisions read as 

follows: 

§ 77.33 Testing procedures for 

tuberculosis in captive cervids. 

* * * * * 

(d) * * * 

(2) DPP® test. The veterinarian who 

draws blood from the captive cervid 

must submit a form specified by APHIS 

for such requests to NVSL to perform 

the DPP® test on the blood sample. The 

form is available at the following Web 

site: http://www.aphis.usda.gov/wps/ 

portal/footer/resources/forms; click on 

the ‘‘VS forms’’ link on that Web page. 

The veterinarian must also fill out the 

relevant portions of a test record. This 

form may be obtained by contacting the 

local district VS office, information 

regarding which is available at: http:// 

www.aphis.usda.gov/wps/portal/aphis/ 

ourfocus/animalhealth?1dmy&

urile=wcm%3apath%3a%2Faphis

_content_library%2Fsa_our_

focus%2Fsa_animal_health%2Fsa_

contact_us%2Fsa_map%2Fct_state_

contacts_map. This record must be sent 

to the offices of the State and Federal 

animal health officials in the State. 

(e) * * * 

(3) Interpretation of DPP® test results 

will be in accordance with the 

classification requirements described in 

§ 77.34. 

* * * * * 

(Approved by the Office of Management 

and Budget under control number 0579– 

0412) 

■ 5. Section 77.34 is amended as 

follows: 

■ a. In paragraphs (a)(1) and (b)(1), by 

removing the words ‘‘the DTE’’ each 

time that they occur, and adding the 

word ‘‘APHIS’’ in their place; 

■ b. In paragraph (a)(1), by removing the 

words ‘‘CervidTB Stat-Pak® or DPP®

tests’’ and adding the words ‘‘DPP®

test’’ in their place; and 

■ c. By revising paragraphs (a)(2) and 

(b)(2). 

The revisions read as follows: 

§ 77.34 Official tuberculosis tests. 

(a) * * * 

(2) DPP® test. (i) The DPP® test is a 

primary test that may be used in 

individual captive elk, red deer, whitetailed deer, fallow deer, and reindeer, 

and in herds of these species that are of 

unknown tuberculous status. Except as 

specified in paragraph (a)(2)(ii) of this 

section, each captive cervid that has 

non-negative test results to this initial 

DPP® test will be classified as a suspect 

and retested with the DPP® test. A 

captive cervid that has non-negative test 

results to the DPP® test must not be 

retested using the SCT or CCT test. 

(ii) The DPP® test is a primary test 

that may be used in affected herds of 

captive elk, red deer, white-tailed deer, 

fallow deer, and reindeer, and in herds 

of these species that have received 

captive cervids from an affected herd. In 

such herds, each captive cervid that has 

non-negative test results to the DPP®

test will be classified as a reactor, unless 

APHIS determines that the captive 

cervid should be classified as a suspect 

because of possible exposure to a 

tuberculous animal. 

(b) * * * 

(2) DPP® test. The DPP® test may be 

used as a supplemental test in order to 

retest captive cervids that have been 

classified as suspects based on an initial 

DPP® test. In such instances, the 

supplemental DPP® test must evaluate a 

new serum sample drawn from the 

cervid no sooner than 30 days after the 

initial DPP® test. A captive cervid that 

has non-negative test results on two 

successive DPP® tests will be classified 

as a reactor, unless APHIS determines 

that another disease classification is 

warranted. 

§ 77.39 [Amended] 

■ 6. Section 77.39 is amended as 

follows: 

■ a. By removing paragraph (a)(1)(iii); 

■ b. By redesignating paragraph 

(a)(1)(iv) as paragraph (a)(1)(iii); 

■ c. In paragraphs (b)(2)(iv) and (c), by 

removing the words ‘‘the DTE’’ and 

adding the word ‘‘APHIS’’ in their 

place; 

■ d. In paragraph (e), introductory text, 

by removing the words ‘‘CervidTB StatPak®’’ each time they appear and adding 

the word ‘‘DPP®’’ in their place; 

■ e. In paragraph (e)(2), by removing the 

words ‘‘the DTE’’ and adding the word 

‘‘APHIS’’ in their place; 

■ f. In paragraph (e)(3), by removing the 

words ‘‘CervidTB Stat-Pak®’’ each time 

they appear and adding the word 

‘‘DPP®’’ in their place; 

■ g. In paragraph (f)(1), by removing the 

words ‘‘CervidTB Stat-Pak®’’ each time 

they appear and adding the word 

‘‘DPP®’’ in their place and by removing 

the words ‘‘the DTE’’ and adding the 

word ‘‘APHIS’’ in their place; and 


rmajette on DSK2TPTVN1PROD with RULES2
Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations 43927 

1Petition for Review, State of New York, et al. v. 

Department of Energy, et al., Nos. 08–0311–ag(L); 

08–0312–ag(con) (2d Cir. filed Jan. 17, 2008). 

2Petition for Review, American Public Gas 

Association v. U.S. Department of Energy, et al., No. 

11–1485 (D.C. Cir. filed Dec. 23, 2011). 

3Consistent with the settlement agreement, the 

direct final rule’s amended standards for 

weatherized gas furnaces, non-weatherized oil-fired 

furnaces, and central air conditioners and heat 

pumps were allowed to be implemented on 

schedule. 

4Petition for Review, Hearth, Patio, & Barbecue 

Association v. Department of Energy, et al., No 10– 

1113 (D.C. Cir. filed May 27, 2010). 

■ h. In paragraph (f)(2), by removing the 

words ‘‘CervidTB Stat-Pak®’’ and 

adding the word ‘‘DPP®’’ in their place. 

Done in Washington, DC, this 23rd day of 

July 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–17877 Filed 7–28–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2014–BT–STD–0026] 

RIN 1904–AD32 

Energy Conservation Program for 

Consumer Products: Energy 

Conservation Standards for 

Residential Furnaces; Energy 

Conservation Standards for 

Residential Direct Heating Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The U.S. Department of 

Energy (DOE) is issuing a final rule 

technical amendment to implement two 

orders issued by the U.S. Court of 

Appeals for the District of Columbia 

Circuit in separate litigation. 

Specifically, DOE is amending the 

relevant portions of its regulations to 

reflect the Court’s order vacating the 

amended energy conservation standards 

for non-weatherized gas furnaces 

(including mobile home furnaces), 

which were adopted in the June 27, 

2011 direct final rule for residential 

furnaces and residential central air 

conditioners and heat pumps. Similarly, 

DOE is also amending the relevant 

portions of its regulation to reflect the 

Court’s decision to vacate the regulatory 

definition of ‘‘vented hearth heater’’ 

(and by implication, the associated 

energy conservation standards), which 

were developed in the April 27, 2010 

and November 18, 2011 final rules for 

residential direct heating equipment. 

DATES: Effective Date: July 29, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Cymbalsky, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1692. Email: 

John.Cymbalsky@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. Email: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Residential Furnaces 

On November 19, 2007, DOE 

published a final rule in the Federal 

Register (hereinafter the ‘‘November 

2007 final rule’’) that amended the 

energy conservation standards for 

residential furnaces and boilers. 72 FR 

65136. The compliance date for the 

standards was set at November 19, 2015. 

However, following DOE’s adoption of 

the November 2007 final rule, several 

parties jointly sued DOE in the United 

States Court of Appeals for the Second 

Circuit (Second Circuit) to invalidate 

the rule.1 The petitioners asserted that 

the standards for residential furnaces 

promulgated in the November 2007 final 

rule did not reflect the ‘‘maximum 

improvement in energy efficiency’’ that 

‘‘is technologically feasible and 

economically justified,’’ as required 

under 42 U.S.C. 6295(o)(2)(A). On April 

16, 2009, DOE filed with the Court a 

motion for voluntary remand that the 

petitioners did not oppose. The motion 

did not state that the November 2007 

final rule would be vacated, but 

indicated that DOE would revisit its 

initial conclusions outlined in the 

November 2007 final rule in a 

subsequent rulemaking action. DOE also 

agreed that the final rule resulting from 

the subsequent rulemaking action 

would address both regional standards 

for furnaces, as well as the effects of 

alternate standards on natural gas 

prices. On April 21, 2009, the U.S. Court 

of Appeals for the Second Circuit 

granted DOE’s motion, thereby 

remanding the rule to DOE for further 

proceedings without vacating the 

November 2007 final rule. 

On June 27, 2011 DOE published a 

final rule in the Federal Register 

(hereinafter the ‘‘June 2011 direct final 

rule’’) that amended the energy 

conservation standards for residential 

furnaces pursuant to the voluntary 

remand in State of New York, et al. v. 

Department of Energy, et al. On October 

31, 2011, DOE published a notice of 

effective date and compliance dates to 

confirm these amended energy 

conservation standards and compliance 

dates contained in the June 2011 direct 

final rule. 76 FR 67037. After the 

publication of the October 2011 notice, 

the American Public Gas Association 

(APGA) sued DOE in the United States 

Court of Appeals for the District of 

Columbia Circuit (DC Circuit) to 

invalidate the rule as it pertained to 

non-weatherized gas furnaces.2 On 

March 11, 2014, DOE and APGA, as 

well as the various intervenors in the 

case, filed a joint motion for approval of 

a settlement in which DOE agreed to 

seek a remand of the non-weatherized 

gas furnaces portion of the June 27, 2011 

direct final rule. On April 24, 2014, the 

DC Circuit approved the settlement 

agreement and issued an order that the 

standards established for nonweatherized gas furnaces and mobile 

home gas furnaces be vacated and 

remanded to DOE for further 

rulemaking.3 As a result, the standards 

established by the June 2011 direct final 

rule for the non-weatherized gas 

furnaces and mobile home gas furnaces 

will not go into effect, and instead, the 

standards established for these product 

classes of furnaces in the November 19, 

2007 final rule will come into effect, 

with compliance required beginning on 

November 19, 2015. Thus, DOE is 

amending the Code of Federal 

Regulations (CFR) to reflect the Court’s 

order impacting the standards for nonweatherized gas furnaces and mobile 

home gas furnaces. 

B. Residential Hearth Products 

In a final rule published in the 

Federal Register on April 16, 2010 

(hereinafter the ‘‘April 2010 final rule’’), 

DOE promulgated a definition for 

‘‘vented hearth heater,’’ established 

product classes for vented gas hearth 

direct heating equipment, and set 

minimum energy conservation 

standards for vented gas hearth direct 

heating equipment. 75 FR 20112. 

Compliance with the standard would 

have been required by April 16, 2013. 

Following DOE’s adoption of the April 

2010 final rule, the Hearth, Patio & 

Barbecue Association (HPBA) sued DOE 

in the DC Circuit to invalidate the rule 

as it pertained to vented gas hearth 

products.4

On November 18, 2011, DOE 

published a final rule in the Federal 

Register that amended the definition of 

‘‘vented hearth heater’’ to clarify the 


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