Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 1715 

coordinates 42°84′19′′, -77°61′88′′; then 

east to coordinates 42°84′22′′, 

-77°61′61′′; then north along a farm road 

to coordinates 42°84′87.2′′, 77°61′68.1′′; 

then east to the west side of Plank Road 

marked by coordinates 42°84′87.2′′, 

77°61′35.9′′; then north to point of 

beginning at coordinates 42°84′89.0′′, 

-77°61′36.7′′. 

* * * * * 

Steuben County. (A) The towns of 

Prattsburg and Wheeler; 

(B) The area known as ‘‘Arkport Muck 

North’’ located in the town of Dansville 

and bounded as follows: Beginning at a 

point along the west bank of the Marsh 

Ditch that intersects a farm road marked 

by latitude/longitude coordinates 

42°42′30′′, -°71′21′′; then north along the 

Marsh Ditch to coordinates 42°42′96.1′′, 

-°71′54.0′′; then west along a 45-foot 

wide hedgerow to coordinates 

42°42′83.1′′, -°72′00.3′′; then south 

through woods, along a farm road, and 

field border to coordinates 42°42′55′′, 

-°71′89′′; then east along a tree line to 

coordinates 42°42′54′′, -°71′80′′; then 

south along a tree line to coordinates 

42°42′30′′, -°71′57′′; then east to point of 

beginning at coordinates 42°42′30′′, 

-°71′21′′; 

(C) The area known as ‘‘Arkport Muck 

South′′ located in the town of Dansville 

and bounded as follows: Beginning at a 

point along the west side of New York 

Route 36 marked by latitude/longitude 

coordinates 42°40′54.5′′, -°69′79.0′′; then 

north along the west side of New York 

Route 36 to coordinates 42°41′45′′, 

-°69′99′′; then west along a farm road to 

coordinates 42°41′45′′, -°70′29′′; then 

north along a farm road to coordinates 

42°41′60′′, -°70′36′′; then west along a 

farm road to coordinates 42°41′62′′, 

-°70′83′′; then north along the Marsh 

Ditch to coordinates 42°41′86′′, -°70′97′′; 

then west along a farm road to 

coordinates 42°41′81′′, 77°71′21′′; then 

south along a farm road to coordinates 

42°41′76.0′′, -°71′18.0′′; then west along 

a fallow strip to coordinates 42°41′75.6′′, 

-°71′40.2′′; then south along a fallow 

strip to coordinates 42°41′61.3′′, 

-°71′42.0′′; then west along a farm road 

to coordinates 42°41′60.4′′, 77°71′68.1′′; 

then south along a farm road on the east 

side of the Conrail right-of-way (Erie 

Lackawanna Railroad) to coordinates 

42°40′50′′, -°71′07′′; then east along a 

farm road to coordinates 42°40′49′′, 

-°70′38′′; then north along an irrigation 

ditch to coordinates 42°40′69.9′′, 

-°70′46.8′′; then east along an irrigation 

ditch to coordinates 42°40′69.7′′, 

77°70′34.3′′; then south along the Marsh 

Ditch to coordinates 42°40′55.0′′, 

-°70′26.5′′; then east to point of 

beginning at coordinates 42°40′54.5′′, 

-°69′79.0′′; 

(D) The property in the town of 

Cohocton (formerly known as the 

‘‘Werthwhile Farm′′) bounded as 

follows: Beginning at a point along the 

north side of Brown Hill Road marked 

by latitude/longitude coordinates 

42°45′03.5′′, -°53′56.2′′; then north along 

a forest edge to coordinates 42°45′27.5′′, 

-°53′55.7′′; then west along a forest edge 

to coordinates 42°45′27′′, -°53′72.9′′; 

then north along a forest edge to 

coordinates 42°45′47.6′′, -°53′72.2′′; then 

west along a forest edge and a hedgerow 

to the east side of Rex Road to 

coordinates 42°45′48.7′′, -°54′40.7′′; then 

southwest along the east side of Rex 

Road to coordinates 42°45′39.4′′, 

-°54′53.6′′; then south along a hedgerow 

and a forest edge to coordinates 

42°45′05.7′′, -°54′54.7′′; then east along a 

hedgerow and the north side of Brown 

Hill Road to point of beginning at 

coordinates 42°45′03.5′′, 77°53′56.2′′; 

and 

(E) The property located in the town 

of Fremont that is bounded as follows: 

Beginning at a point on Babcock Road 

that intersects a farm road marked by 

latitude/longitude coordinates 

42°43′68.06′′, -°57′51.11′′; then west 

along the farm road to coordinates 

42°43′67.22′′, -°57′80.56′′; then south to 

coordinates 42°43′60.00′′, 77°57′80.28′′; 

then west to coordinates 42°43′59.44′′, 

-°58′07.50′′; then south to coordinates 

42°43′35.28′′, -°58′06.39′′; then east to 

coordinates 42°43′33.06′′, 77°57′78.89′′; 

then south to coordinates 42°43′18.61′′, 

-°57′77.78′′; then east to coordinates 

42°43′23.06′′, -°57′71.39′′; then north to 

coordinates 42°43′30.28′′, 77°57′63.89′′; 

then east to coordinates 42°43′30.28′′, 

-°57′61.39′′; then north to coordinates 

42°43′49.44′′, -°57′56.94′′; then east to 

coordinates 42°43′49.17′′, 77°57′49.72′′; 

then north to the point of beginning at 

coordinates 42°43′68.06′′, 77°57′51.11′′. 

* * * * * 

Done in Washington, DC, this 2nd day of 

January 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–00206 Filed 1–8–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 925 

[Doc. No. AMS–FV–11–0090; FV 12–925–1 

FR] 

Grapes Grown in Designated Area of 

Southeastern California; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

California Desert Grape Administrative 

Committee (Committee) for the 2012 

and subsequent fiscal periods from 

$0.0125 to $0.0150 per 18-pound lug of 

grapes handled. The Committee locally 

administers the marketing order, which 

regulates the handling of grapes grown 

in a designated area of southeastern 

California. Assessments upon grape 

handlers are used by the Committee to 

fund reasonable and necessary expenses 

of the program. The fiscal period began 

January 1 and ends December 31. The 

assessment rate will remain in effect 

indefinitely unless modified, suspended 

or terminated. 

DATES: Effective Date: January 10, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Kathie M. Notoro, Marketing Specialist, 

or Kurt J. Kimmel, Regional Director, 

California Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Kathie.Notoro@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence SW., 

STOP 0237, Washington, DC 20250– 

0237; Telephone: (202) 720–2491, Fax: 

(202) 720–8938, or Email: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

925, as amended (7 CFR part 925), 

regulating the handling of grapes grown 

in a designated area of southeastern 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 


srobinson on DSK4SPTVN1PROD with 
1716 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, grape handlers in a designated 

area of southeastern California are 

subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein is 

applicable to all assessable grapes 

beginning on January 1, 2012, and 

continue until amended, suspended, or 

terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule increases the assessment 

rate established for the Committee for 

the 2012 and subsequent fiscal periods 

from $0.0125 to $0.0150 per 18-pound 

lug of grapes. 

The grape order provides authority for 

the Committee, with the approval of 

USDA, to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the program. The 

members of the Committee are 

producers and handlers of grapes grown 

in a designated area of southeastern 

California. They are familiar with the 

Committee’s needs and with the costs 

for goods and services in their local area 

and are thus in a position to formulate 

an appropriate budget and assessment 

rate. The assessment rate is formulated 

and discussed in a public meeting. 

Thus, all directly affected persons have 

an opportunity to participate and 

provide input. 

For the 2011 and subsequent fiscal 

periods, the Committee recommended, 

and the USDA approved, an assessment 

rate that would continue in effect from 

fiscal period to fiscal period unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the 

Committee or other information 

available to USDA. 

The Committee met on November 3, 

2011, and unanimously recommended 

2012 expenditures of $95,500 and an 

assessment rate of $0.0150 per 18-pound 

lug of grapes handled. In comparison, 

last year’s budgeted expenditures were 

$89,616. The assessment rate of $0.0150 

per 18-pound lug of grapes handled 

recommended by the Committee is 

$0.0025 higher than the $0.0125 rate 

currently in effect. The higher 

assessment rate is necessary to cover the 

Committee’s budgeted expenses which 

include an increase in research and 

general office expenses. While the 

Committee’s crop estimate of 5.8 

million, 18-pound lugs is higher than 

the 5.4 million, 18-pound lugs handled 

last year, the higher assessment will 

generate $87,000 of revenue. This 

revenue plus the operating reserve 

should be sufficient to cover the 

increase in anticipated expenses. 

The major expenditures 

recommended by the Committee for the 

2012 fiscal period include $15,500 for 

research, $17,500 for general office 

expenses, and $62,500 for management 

and compliance expenses. The $15,500 

research project is a for a new vine 

study proposed by the University of 

California Riverside. In comparison, 

major expenditures for the 2011 fiscal 

period included $10,000 for research, 

$15,616 for general office expenses, and 

$64,000 management and compliance 

expenses. 

The assessment rate recommended by 

the Committee was derived by the 

following formula: Anticipated 2012 

expenses ($95,500) plus the desired 

2012 ending reserve ($70,000), minus 

the anticipated 2012 beginning reserve 

($78,500), divided by the estimated 

2012 shipments (5.8 million, 18-pound 

lugs) equals $0.0150 per lug. 

Income generated through the $0.0150 

assessment ($87,000) plus anticipated 

carry-in reserve funds ($78,500) should 

be sufficient to meet anticipated 

expenses ($95,500). Reserve funds by 

the end of 2012 are projected at $70,000 

or about one fiscal period’s expenses. 

Section 925.41 of the order permits the 

Committee to maintain about one fiscal 

period’s expenses in reserve. 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate will be 

in effect for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA will evaluate the Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2012 budget and those for 

subsequent fiscal periods will be 

reviewed and, as appropriate, approved 

by USDA. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

rule on small entities. Accordingly, 

AMS has prepared this final regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 13 handlers 

of southeastern California grapes who 

are subject to regulation under the order 

and about 41 grape producers in the 

production area. Small agricultural 

service firms are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000, and small 

agricultural producers are defined as 

those whose annual receipts are less 

than $750,000. Nine of the 13 handlers 

subject to regulation have annual grape 

sales of less than $7 million. Based on 

data from the National Agricultural 

Statistics Service (NASS) and the 

Committee, the crop value for the 2011 

season was about $46,574,000. Dividing 

this figure by the number of producers 

(41) yields an average annual producer 

revenue estimate of about $1,135,951. 

However, according to the Committee, 

at least 10 of 41 producers would be 

considered small businesses under the 

Small Business Administration 

threshold of $750,000. Based on the 

foregoing, it may be concluded that a 

majority of grape handlers and at least 

ten of the producers could be classified 

as small entities. 

This rule increases the assessment 

rate established for the Committee and 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 1717 

collected from handlers for the 2012 and 

subsequent fiscal periods from $0.0125 

to $0.0150 per 18-pound lug of grapes. 

The Committee unanimously 

recommended 2012 expenditures of 

$95,500 and an assessment rate of 

$0.0150 per 18-pound lug of grapes 

handled. The assessment rate of $0.0150 

is $0.0025 higher than the 2011 rate 

currently in effect. The higher 

assessment rate is necessary to cover the 

Committee’s budgeted expenses, 

including increases in research and 

general office expenses. While the 

Committee’s crop estimate of 5.8 

million, 18-pound lugs is higher than 

the 5.4 million, 18-pound lugs handled 

last year, the higher rate will generate 

$87,000 of revenue. This revenue plus 

the operating reserve should be 

sufficient to cover the increase in 

anticipated expenses. Reserve funds by 

the end of 2012 are projected at $70,000 

or about one fiscal period’s expenses. 

The major expenditures 

recommended by the Committee for the 

2012 fiscal period include $15,500 for 

research, $17,500 for general office 

expenses, and $62,500 for management 

and compliance expenses. The $15,500 

research project is a for a new vine 

study proposed by the University of 

California Riverside. In comparison, 

major expenditures for the 2011 fiscal 

period included $10,000 for research, 

$15,616 for general office expenses, and 

$64,000 management and compliance 

expenses. 

The assessment rate recommended by 

the Committee was derived by the 

following formula: Anticipated 2012 

expenses ($95,500) plus the desired 

2012 ending reserve ($70,000), minus 

the anticipated 2012 beginning reserve 

($78,500), divided by the estimated 

2012 shipments (5.8 million, 18-pound 

lugs) equals $0.0150 per lug. 

The Committee reviewed and 

unanimously recommended 2012 

expenditures of $95,500, which 

included increases in research and 

general office expenses. Prior to arriving 

at this budget, the Committee 

considered alternative expenditures and 

assessment rates, to include not 

increasing the $0.0125 assessment rate 

currently in effect. Based on a crop 

estimate of 5.8 million 18-pound lugs, 

the Committee ultimately determined 

that increasing the assessment rate to 

$0.0150 combined with funds generated 

from the reserve should adequately 

cover increased expenses and provide 

an adequate 2012 ending reserve. 

A review of historical crop and price 

information, as well as preliminary 

information pertaining to the upcoming 

fiscal period indicates that the producer 

price for the 2012 season could average 

about $7.93 per 18-pound lug of grapes 

handled for California grapes. To 

calculate the percentage of producer 

revenue represented by the assessment 

rate for 2011, the assessment rate of 

$0.0125 per 18-pound lug is divided by 

the estimated average producer price of 

$7.93 per 18-pound lug. NASS data for 

2012 is not yet available. However, 

applying these same calculations above 

using the July 2011 producer price 

would result in an estimated assessment 

revenue as a percentage of total 

producer revenue of 0.189 percent for 

the 2012 season ($0.0150 divided by 

$7.93 per 18-pound lug). Thus, the 

assessment revenue should be well 

below the 1 percent of estimated 

producer revenue in 2012. 

This action increases the assessment 

obligation imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs will 

be offset by the benefits derived by the 

operation of the order. In addition, the 

Committee’s meeting was widely 

publicized throughout the grape 

production area and all interested 

persons were invited to attend and 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the November 3, 2011, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189. No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large California grape 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. As noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on July 2, 2012 (77 FR 39184). 

Copies of the proposed rule were also 

mailed or sent via facsimile to all grape 

handlers. Finally, the proposal was 

made available through the Internet by 

USDA and the Office of the Federal 

Register. A 30-day comment period 

ending August 1, 2012, was provided for 

interested persons to respond to the 

proposal. No comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously-mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it also found 

and determined that good cause exists 

for not postponing the effective date of 

this rule until 30 days after publication 

in the Federal Register because: (1) The 

2012 fiscal period began on January 1, 

2012, and the marketing order requires 

that the rate of assessment for each 

fiscal period apply to all assessable 

grapes handled during the fiscal period; 

(2) the Committee needs to have 

sufficient funds to meet its expenses, 

which are incurred on a continuous 

basis; and (3) handlers are aware of this 

action, which was unanimously 

recommended by the Committee at a 

public meeting and is similar to other 

assessment rate actions issued. Also, a 

30-day comment period was provided 

for in the proposed rule. 

List of Subjects in 7 CFR Part 925 

Grapes, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 925 is amended as 

follows: 

PART 925—GRAPES GROWN IN A 

DESIGNATED AREA OF 

SOUTHEASTERN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 925 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 


srobinson on DSK4SPTVN1PROD with 
1718 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 

■ 2. Section 925.215 is revised to read 

as follows: 

§ 925.215 Assessment rate. 

On or after January 1, 2012, an 

assessment rate of $0.0150 per 18-pound 

lug is established for grapes grown in a 

designated area of southeastern 

California. 

Dated: January 3, 2013. 

Rex A. Barnes, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–00190 Filed 1–8–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 77 

[Docket No. APHIS–2012–0087] 

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 adding the CervidTB 

Stat-Pak® and DPP® tests as official 

tuberculosis tests for the following 

species of captive cervids: Elk, red deer, 

white-tailed deer, fallow deer, and 

reindeer. We are taking this action 

because we have determined that the 

tests can reliably detect the presence or 

absence of antibodies to bovine 

tuberculosis in certain species of captive 

cervids. This action is necessary on an 

immediate basis in order to provide 

regulated entities with more options in 

order to meet the testing requirements 

for captive cervids within the 

regulations. 

DATES: This interim rule is effective 

January 9, 2013. We will consider all 

comments that we receive on or before 

March 11, 2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to: 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0087- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0087, 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-2012-0087 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. 

C. William Hench, Senior Staff 

Veterinarian, Eradication and 

Surveillance Team, National Center for 

Animal Health Programs, VS, APHIS, 

2150 Centre Avenue, Building B–3E20, 

Fort Collins, CO 80526–8117; (970) 494– 

7378. 

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, the definition of official 

tuberculosis test has provided that the 

single cervical tuberculin (SCT) test, a 

primary test, and comparative cervical 

tuberculin (CCT) test, a supplemental 

test, are recognized by APHIS as official 

tuberculosis tests, provided that they are 

applied and reported in accordance 

with the captive cervid regulations. 

In the same section, the definitions of 

single cervical tuberculin (SCT) test and 

comparative cervical tuberculin (CCT) 

test provide how to apply each test; the 

sequence in which the tests should be 

administered and the manner in which 

test results should be interpreted are 

specified in § 77.34. The individuals 

who may administer each test and the 

reporting requirements for each test are 

found in § 77.33. 

We recently received a request to 

evaluate the CervidTB Stat-Pak® test, a 

primary test, and Dual Path Platform 

(DPP)® test, a supplemental test, as 

official tests for bovine tuberculosis in 

the following species of captive cervids: 

Elk, red deer, white-tailed deer, fallow 

deer, and reindeer. Based on our 

evaluation, we have determined that the 

tests can reliably detect the presence or 

absence of antibodies to bovine 

tuberculosis in these species of captive 

cervids. Accordingly, we are amending 

the captive cervid regulations to 

recognize these two tests as official 

tuberculosis tests. We discuss these 

amendments immediately below, 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 of the captive cervid regulations 

specified that only the SCT and CCT 

tests are official tuberculosis tests. We 

are amending the definition of official 

tuberculosis test so that it specifies that 

the CervidTB Stat-Pak® and DPP® tests 

are also official tuberculosis tests. 

We are also adding definitions of 

CervidTB Stat-Pak® test and Dual Path 

Platform (DPP®) test to § 77.20. We are 

defining CervidTB Stat-Pak® test as: ‘‘A 

serological assay to determine the 

presence of antibodies to bovine 

tuberculosis (M. bovis) in elk, red deer, 

white-tailed deer, fallow deer, and 


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