49590 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

except those for which the Office of the

General Counsel or the Office of Policy

and Evaluation is responsible.

(5) Office of the General Counsel. The

General Counsel provides legal advice

to the Board and its headquarters and

regional offices; represents the Board in

court proceedings; prepares proposed

decisions for the Board in cases that the

Board assigns; coordinates legislative

policy and performs legislative liaison;

responds to requests for non-case

related information from the White

House, Congress, and the media; and

plans and directs audits and

investigations.

(6) Office of Policy and Evaluation.

The Director, Policy and Evaluation,

carries out the Board’s statutory

responsibility to conduct special

reviews and studies of the civil service

and other merit systems in the

Executive Branch, as well as oversight

reviews of the significant actions of the

Office of Personnel Management. The

office prepares the Board’s reports of

these reviews and studies, submits them

to the President and the Congress, and

makes them available to other interested

individuals and organizations. The

office is responsible for distributing the

Board’s reports and for responding to

requests for information or briefings

concerning them.

(7) Office of Equal Employment

Opportunity. The Director, Office of

Equal Employment Opportunity,

manages the Board’s equal employment

programs.

(8) Financial and Administrative

Management Division. The Financial

and Administrative Management

Division administers the budget,

accounting, procurement, property

management, physical security, and

general services functions of the Board.

It also develops and coordinates internal

management programs and projects,

including review of internal controls

agencywide.

(9) Human Resources Management

Division. The Human Resources

Management Division develops policies

and manages the Board’s human

resources programs, including staffing,

classification, employee relations,

performance management, payroll,

personnel security, and training and

development functions.

(10) Information Resources

Management Division. The Information

Resources Management Division

develops, implements, and maintains

the Board’s automated information

systems.

(c) Regional and Field Offices. The

Board has regional and field offices

located throughout the country (See

Appendix II to 5 CFR part 1201 for a list

of the regional and field offices). Judges

in the regional and field offices hear and

decide initial appeals and other

assigned cases as provided for in the

Board’s regulations.

Dated: September 18, 1997.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 97–25301 Filed 9–22–97; 8:45 am]

BILLING CODE 7400–01–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 50

[Docket No. 97–061–1]

Expenses Associated With

Transporting and Disposing of

Tuberculosis-Exposed Animals

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations concerning animals

destroyed because of tuberculosis to

allow the U.S. Department of

Agriculture to pay herd owners some of

their expenses for transporting

tuberculosis-exposed cattle, bison, and

cervids to slaughter or to the point of

disposal, and for disposing of the

animals. Prior to this interim rule, herd

owners could only receive help with

these costs for affected animals.

Consequently, herd owners in some

cases elected to keep exposed animals

in a herd until testing revealed them to

be either free of tuberculosis or affected

with tuberculosis, or elected not to

depopulate an affected herd, providing

opportunity for further spread of the

disease. This interim rule also makes

minor changes to the provisions for

paying some of the expenses for

transporting tuberculosis-affected

animals to the point of disposal and

disposing of them. This interim rule is

necessary to ensure continued progress

toward eradicating tuberculosis in the

U.S. livestock population.

DATES: Interim rule effective September

17, 1997. Consideration will be given

only to comments received on or before

November 24, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–061–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–061–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

Mitchell A. Essey, Senior Staff

Veterinarian, National Animal Health

Programs, VS, APHIS, 4700 River Road

Unit 36, Riverdale, MD 20737–1231,

(301) 734–7727.

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis (referred to below

as tuberculosis) is a serious

communicable disease of cattle, bison,

and other species, including humans,

caused by Mycobacterium bovis.

Tuberculosis causes weight loss, general

debilitation, and sometimes death. The

regulations at 9 CFR part 50, ‘‘Animals

Destroyed Because of Tuberculosis’’ (the

regulations), administered by the

Animal and Plant Health Inspection

Service (APHIS) of the U.S. Department

of Agriculture (the Department), provide

for payment of Federal indemnity to

owners of certain cattle, bison, cervids,

and swine destroyed because of

tuberculosis.

As part of the program to control and

eradicate tuberculosis in livestock, the

payment of indemnity is intended to

provide owners with an incentive for

promptly destroying cattle, bison, and

cervids that are affected with or exposed

to tuberculosis and, in limited cases,

swine that are exposed to tuberculosis.

Because the continued presence of

tuberculosis in a herd seriously

threatens the health of other animals in

that herd and possibly other herds, the

prompt destruction of tuberculosisaffected and -exposed animals is critical

if tuberculosis eradication efforts in the

United States are to succeed.

As set forth in § 50.4 of the

regulations, cattle, bison, and cervids

are classified as affected with

tuberculosis on the basis of an

intradermal tuberculin test applied by a

Federal, State, or an accredited

veterinarian, or by other diagnostic

procedure approved in advance by the

Administrator of APHIS. Cattle, bison,

and cervids are classified as exposed to

tuberculosis when such cattle, bison,

and cervids (1) are part of a known

affected herd, or (2) are found to have

moved from an affected herd before the

time infection was disclosed in the herd

and after the time the herd had
Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49591

apparently become affected, or (3) are

found to have been exposed by virtue of

nursing an affected dam.

For affected cattle, bison, and cervids

eligible for indemnity, the regulations

provide for Federal help in paying a

portion of the expenses incurred by

owners in transporting the animals to

the point of disposal, and disposing of

the animals (see § 50.8). However, there

are no similar provisions for paying a

portion of the expenses of transporting

tuberculosis-exposed cattle, bison, and

cervids to slaughter or to the point

where disposal will take place, or

disposing of these animals.

When the provisions concerning

payment of expenses for transporting

and disposing of affected animals were

added to the regulations in 1980, it was

done because many slaughtering

establishments were refusing to accept

affected animals, and the animals often

had to be shipped long distances to

slaughtering plants that would accept

them, or had to be disposed of by other

means, such as by burial, incineration,

or rendering. The refusal to take affected

animals was due, at least in part, to the

requirement that meat taken from

affected animals and intended for

consumption be cooked, for public

health reasons, thereby increasing

slaughtering costs and reducing the

value of the meat. Most slaughtering

establishments continued to accept

tuberculosis-exposed animals, however,

because meat from a tuberculosisexposed animal may be used without

restriction if the animal is found free of

tuberculosis upon inspection at

slaughter.

Today, however, the incidence of

tuberculosis in the United States has

declined markedly. As we approach

eradication, far fewer animals, either

affected with or exposed to tuberculosis,

are moving to slaughter. Many

slaughtering establishments are not

willing to take even tuberculosisexposed animals. Consequently,

tuberculosis-exposed animals must

sometimes be shipped long distances to

slaughtering plants that will accept

them. In such cases, rather than pay for

such long-distance shipping, some

owners opt to keep the exposed animals

in their herd until testing reveals them

to be either free of tuberculosis or

affected with tuberculosis, or elect not

to depopulate an affected herd. This

‘‘wait and see’’ approach provides

opportunity for the disease to progress

and spread, particularly in herds that

have received an animal subsequently

identified as tuberculosis-exposed.

It is possible that, if the number of

slaughtering establishments willing to

take exposed animals declines further,

some owners of exposed animals may

need to find other means of disposal.

And whereas slaughtering

establishments generally pay some

salvage value for the meat from exposed

animals, owners having to dispose of

their animals by other means would

have to pay all costs for that disposal

and could expect no salvage value from

their animals. Under these

circumstances, owners might choose to

keep exposed animals in the herd,

thereby impeding tuberculosis

eradication efforts in the United States.

Therefore, we are amending § 50.8 to

allow the Department to pay herd

owners some of their expenses

associated with transporting

tuberculosis-exposed cattle, bison, and

cervids to slaughter or to the point

where disposal will take place, and

disposing of the animals. We believe

this action is necessary to ensure

continued progress toward eradicating

tuberculosis in the United States.

Specifically, the regulations, as

amended, will allow the Department to

pay herd owners one-half the expenses

of transporting tuberculosis-exposed

cattle, bison, and cervids to slaughter or

to the point where disposal will take

place, and disposing of the animals,

provided that the Department may pay

more than one-half of the expenses

when the Administrator of APHIS

determines that doing so will contribute

to the tuberculosis eradication program.

The APHIS Veterinarian in Charge for

the State in which the animals reside

must approve the payment in advance

in writing. For reimbursement to be

made, the owner of the animals must

present the APHIS Veterinarian in

Charge with a copy of either a receipt

for expenses paid or a bill for services

rendered. Any bill for services rendered

by the owner may not be greater than

the normal fee charged by commercial

haulers or renderers for similar services.

Section 50.8 has contained

provisions, applicable to owners of

tuberculosis-affected animals, requiring

(1) that claims for payment of

transportation or disposal expenses be

made on forms furnished by APHIS, (2)

that the forms be signed by an APHIS or

State representative, or jointly by them,

and (3) that the owner of the animals

also sign the forms certifying acceptance

of the amount claimed. APHIS will no

longer require use of special claims

forms for payment of expenses for

disposal or transportation of

tuberculosis-affected animals. Rather,

the owner will be asked simply to

document those expenses by submitting

to the Veterinarian in Charge a copy of

either a receipt for expenses paid or a

bill for services rendered. Therefore, we

are amending § 50.8 to remove the

provisions concerning forms for

payment of expenses for disposal or

transportation of tuberculosis-affected

animals. Instead, § 50.8 will require

owners of affected animals to present

the APHIS Veterinarian in Charge with

a copy of either a receipt for expenses

paid or a bill for services rendered.

We are also amending § 50.8 to allow

the Department to pay herd owners

more than one-half of the expenses for

transporting tuberculosis-affected cattle,

bison, and cervids to slaughter or to the

point where disposal will take place,

and disposing of the animals, when the

Administrator of APHIS determines that

doing so will contribute to the

tuberculosis eradication program.

Finally, we are amending § 50.8 to

remove the provision that the

Department will not pay any portion of

expenses of transporting or disposing of

affected animals when the

transportation or disposal is provided

by the owner of the affected animals.

This no longer appears to be a necessary

prohibition because owners can often

provide transportation and carry out

disposal for less money than they would

have to pay someone else to do it.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

Immediate action is necessary to

facilitate the prompt removal and

destruction of tuberculosis-exposed

animals from U.S. livestock herds. Of

particular concern at this time is the

prompt removal and destruction of

tuberculosis-exposed cattle on the

Island of Molokai, in Hawaii, where

tuberculosis was recently confirmed in

one herd of cattle. Because wildlife on

this small island intermingles with the

cattle, the cattle must be removed as

quickly as possible to minimize the risk

that tuberculosis will be spread both to

wildlife and to cattle in neighboring

herds. Outlets for tuberculosis-exposed

animals in Hawaii are very limited and,

for animals that have not yet reached

market weight, nonexistent. About 160

animals in the affected herd on Molokai

have not reached market weight and

must be transported to the U.S.

mainland for slaughter at considerable

expense to the owner. This interim rule

is necessary to assist the owner with

transportation costs so that the cattle

can be promptly removed from the

island to minimize the potential spread

of tuberculosis.

Because prior notice and other public

procedures with respect to this action
49592 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make it effective upon 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. It

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. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

This interim rule amends the

regulations concerning animals

destroyed because of tuberculosis to

allow the Department to pay herd

owners one half of their expenses for

transporting tuberculosis-exposed

animals to slaughter or to the point of

disposal, and for disposing of the

animals. It also allows the Department

to pay more than one half of the

expenses for transporting and disposing

of tuberculosis-affected or tuberculosisexposed animals, when the

Administrator of APHIS determines that

doing so will contribute to the

tuberculosis eradication program in the

United States, and allows herd owners

to be reimbursed for one half of their

expenses for transporting or disposing

of exposed or affected animals when the

transportation or disposal is provided

by the owner of the animals.

The U.S. livestock industry relies on

healthy animals for its economic well

being. The well being of the overall U.S.

economy depends, in turn, on a healthy

livestock industry. The industry’s role

in the economy is significant. For

example, the total value of U.S.

livestock output in l991 was $66.6

billion, about half of the value of all

agricultural production in the United

States that year. The value of live

animal exports and exports of meat

products totalled $4.3 billion in l991,

equivalent to 10 percent of the value of

all U.S. agricultural exports that year. In

l996, there were 1,194,390 U.S.

operations with cattle and calves, and

the inventory of cattle and calves at the

end of that year stood at 101.2 million

head. The value of cattle and calves in

the United States in l996 was more than

$52 billion.

Recent studies on the economic

impact of a tuberculosis epidemic in

U.S. livestock are not available.

However, an earlier study indicates that

the impact would be significant. A

comprehensive computer model

developed by Canada in 1979 indicates

that, if the tuberculosis eradication

program were discontinued, annual

losses in the United States would

amount to over $1 billion. Another

study, conducted in l972, concluded

that the benefits of the tuberculosis

eradication program exceeded costs by a

3.64 to 1 margin.

APHIS’s costs for administering this

interim rule are not expected to exceed

$67,500 annually, based on the

following: We estimate that the average

cost of transporting a tuberculosisexposed animal to slaughter would be

$50. In most cases, APHIS would pay

one half of that cost, or $25. We estimate

that approximately 2,000 tuberculosisexposed cattle, bison, and cervids may

be moved to slaughter or other point of

disposal during the first year after this

rule is effective, and that we would pay

approximately $25 each toward

transportation for three quarters of

them, and an average of $50 each for

one quarter of them. Costs would be

lower in succeeding years as the

prevalence of tuberculosis declines in

the United States.

Although the benefits of this interim

rule (i.e., enhanced values for U.S.

livestock, particularly in export

markets) are difficult to quantify, those

benefits should certainly exceed the cost

of the program.

The 2,000 tuberculosis-exposed

animals that we estimate might be

moved to slaughter or other disposal

during the first year of this program

represent about 20 different herds.

About 4 of these herds, with 200–400

animals each, may be depopulated. The

remainder of the herds are expected to

send only a few animals each to

slaughter. We estimate that no more

than 15 of the herds are owned by

entities that would be considered

‘‘small’’ under criteria (fewer than 200

cattle each) established by the Small

Business Administration.

Under these circumstances, the

Administrator of APHIS 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 50

Animal diseases, Bison, Cattle, Hogs,

Indemnity payments, Reporting and

recordkeeping requirements,

Tuberculosis.

Accordingly, 9 CFR part 50 is

amended as follows:

PART 50—ANIMALS DESTROYED

BECAUSE OF TUBERCULOSIS

1. The authority citation for part 50

continues to read as follows:

Authority: 21 U.S.C. 111–113, 114, 114a,

114a–1, 120, 121, 125, and 134b; 7 CFR 2.22,

2.80, and 371.2(d).

2. Section 50.8 is revised to read as

follows:

§ 50.8 Payment of expenses for

transporting and disposing of affected and

exposed animals.

The Department may pay, when

approved in advance in writing by the

Veterinarian in Charge, one half the

expenses of transporting affected or

exposed cattle, bison, and cervids to

slaughter or to the point where disposal

will take place, and one half the

expenses of destroying, burying,

incinerating, rendering, or otherwise

disposing of affected or exposed cattle,

bison, and cervids; Provided that, the

Department may pay more than one-half

of the expenses when the Administrator

determines that doing so will contribute

to the tuberculosis eradication program.

For reimbursement to be made, the

owner of the animals must present the

Veterinarian in Charge with a copy of

either a receipt for expenses paid or a

bill for services rendered. Any bill for

services rendered by the owner must not

be greater than the normal fee for

similar services provided by a

commercial hauler or renderer.
Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49593

Done in Washington, DC, this 17th day of

September 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–25214 Filed 9–22–97; 8:45 am]

BILLING CODE 3410–34–P

FARM CREDIT SYSTEM INSURANCE

CORPORATION

12 CFR Part 1402

RIN 3055–AA06

Releasing Information

AGENCY: Farm Credit System Insurance

Corporation.

ACTION: Final rule.

SUMMARY: The Farm Credit System

Insurance Corporation (Corporation),

through the Corporation Board (Board),

issues a final rule amending its

regulations governing the release of

information. The objective of this action

is to conform applicable Corporation

regulations to the requirements of the

Freedom of Information Act (FOIA), 5

U.S.C. 552, as amended by the

Electronic Freedom of Information Act

Amendments of 1996 (1996

Amendments), Pub. L. 104–231, and to

clarify the address of the official who

receives FOIA requests for records.

EFFECTIVE DATE: October 2, 1997.

FOR FURTHER INFORMATION CONTACT:

Dorothy L. Nichols, General Counsel,

Farm Credit System Insurance

Corporation, McLean, VA 22102, (703)

883–4211, TDD (703) 883–4444.

SUPPLEMENTARY INFORMATION: Through

the Electronic Freedom of Information

Act Amendments of 1996, Congress

amended the FOIA to address, among

other things, the timing of agency

responses to FOIA requests. The FOIA

was amended to increase the time limit

for agency responses from 10 to 20

working days. Another time-related

amendment requires agencies to

promulgate regulations under which

requests for expedited processing will

be considered and to grant such requests

upon a showing of a compelling need.

These amendments are effective October

2, 1997.

In response to the amendment of the

FOIA, the Corporation is amending its

regulations at part 1402, subpart B, as a

final rule. The amendments to part

1402, subpart B, reflect the requirements

of the FOIA, as amended, and are not

interpretative. The 1996 Amendments

provide Federal agencies with no

discretion and require the time-related

amendments to be effective on October

2, 1997. Moreover, the regulations that

the Corporation adopts to implement

the 1996 Amendments and to clarify the

address of the Freedom of Information

Officer are ministerial, minor, technical,

and noncontroversial. For these reasons,

the Corporation finds good cause to

determine that public notice and

comment for this regulation are

unnecessary, impractical, and contrary

to the public interest, pursuant to the

Administrative Procedure Act, 5 U.S.C.

553(a)(3)(B).

Sections 1402.13 and 1402.14 (a) and

(d) are amended to reflect that, effective

October 2, 1997, the Corporation will

have 20 days within which to respond

to FOIA requests for records.

Section 1402.13 is also amended to

provide that FOIA requests for records

should be addressed to the Freedom of

Information Officer, Farm Credit System

Insurance Corporation, 1501 Farm

Credit Drive, McLean, VA 22102.

Finally, the Corporation has added

new § 1402.14(e) to address the new

requirement that the Corporation

promulgate regulations concerning the

granting of a request for expedited

processing of a FOIA request upon a

requester’s showing of a compelling

need for the information. The new

regulation requires the Freedom of

Information Officer to notify a requester

within 10 calendar days after receipt of

such a request whether the Corporation

granted expedited processing and, if so,

to process the request as soon as

practicable. The regulation defines

‘‘compelling need’’ to mean that a

failure to obtain the requested records

on an expedited basis could reasonably

be expected to pose an imminent threat

to the life or physical safety of an

individual, or, with respect to a request

made by a person primarily engaged in

disseminating information, that there is

an urgency to inform the public

concerning actual or alleged Federal

Government activity. The regulation

further provides that a requester

demonstrate a compelling need by a

statement certified by the requester to be

true and correct to the best of such

person’s knowledge and belief. The

procedures for expedited processing

apply to both requests for information

and to administrative appeals.

The remaining provisions of the 1996

Amendments to the FOIA do not require

amendment of the Corporation’s

regulations governing the release of

information at part 1402.

List of Subjects in 12 CFR Part 1402

Courts, Freedom of information,

Government employees.

For the reasons stated in the

preamble, part 1402 of chapter XIV, title

12 of the Code of Federal Regulations is

amended to read as follows:

PART 1402—RELEASING

INFORMATION

1. The authority citation for part 1402

is revised to read as follows:

Authority: Secs. 5.58, 5.59 of the Farm

Credit Act (12 U.S.C. 2277a–7, 2277a–8); 5

U.S.C. 552; 52 FR 10012; E.O. 12600, 52 FR

23781, 3 CFR, 1987 Comp., p. 235.

Subpart B—Availability of Records of

the Farm Credit System Insurance

Corporation

2. Section 1402.13 is revised to read

as follows:

§ 1402.13 Request for records.

Requests for records shall be in

writing and addressed to the attention of

the Freedom of Information Officer,

Farm Credit System Insurance

Corporation, McLean, Virginia 22102. A

request improperly addressed will be

deemed not to have been received for

purposes of the 20-day time period set

forth in § 1402.14(a) of this part until it

is received, or would have been

received, by the Freedom of Information

Officer with the exercise of due

diligence by Corporation personnel.

Records requested in conformance with

this subpart and which are not exempt

records may be received in person or by

mail as specified in the request. Records

to be received in person will be

available for inspection or copying

during business hours on a regular

business day in the offices of the Farm

Credit System Insurance Corporation,

1501 Farm Credit Drive, McLean,

Virginia 22102.

3. Section 1402.14 is amended by

revising paragraphs (a) and (d) and

adding paragraph (e) to read as follows:

§ 1402.14 Response to requests for

records.

(a) Within 20 days (excluding

Saturdays, Sundays, and legal public

holidays), or any extensions thereof as

provided in paragraph (d) of this

section, of the receipt of a request by the

Freedom of Information Officer, the

Freedom of Information Officer shall

determine whether to comply with or

deny such a request and transmit a

written notice thereof to the requester.

* * * * *

(d) In ‘‘unusual circumstances,’’ the

20-day time limit prescribed in

paragraphs (a) and (c) of this section, or

both, may be extended by the Freedom

of Information Officer or, in the case of

an appeal, by the General Counsel,

provided that the total of all extensions

does not exceed 10 days (excluding