63502 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 77

[Docket No. 99–038–5]

Tuberculosis in Cattle, Bison, and

Captive Cervids; State and Zone

Designations

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the bovine

tuberculosis regulations to establish

several new levels of tuberculosis risk

classifications to be applied to States

and zones within States. Additionally,

we are providing for the classification of

States and zones according to their

tuberculosis risk with regard to captive

cervids. We are also amending the

regulations to increase the amount of

testing that must be done before certain

cattle and bison may be moved

interstate. These changes are necessary

to help prevent the spread of

tuberculosis and to further the progress

of the domestic tuberculosis eradication

program.

EFFECTIVE DATE: November 22, 2000.

FOR FURTHER INFORMATION CONTACT: Dr.

Joseph Van Tiem, Senior Staff

Veterinarian, VS, APHIS, USDA, 4700

River Road Unit 43, Riverdale, MD

20737–1231; (301) 734–7716.

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis is a contagious,

infectious, and communicable disease

caused by Mycobacterium bovis. It

affects cattle, bison, deer, elk, goats, and

other species, including humans.

Bovine tuberculosis in infected animals

and humans manifests itself in lesions

of the lung, bone, and other body parts,

causes weight loss and general

debilitation, and can be fatal. Federal

regulations implementing the National

Cooperative State/Federal Bovine

Tuberculosis Eradication Program are

contained in 9 CFR part 77,

‘‘Tuberculosis’’ (referred to below as the

regulations), and in the ‘‘Uniform

Methods and Rules—Bovine

Tuberculosis Eradication’’ (UMR),

January 22, 1999, edition, which is

incorporated by reference into the

regulations.

Interim Rules

On November 1, 1999, we published

in the Federal Register (64 FR 58769–

58780, Docket No. 99–008–1) an interim

rule that was effective October 20, 1999,

and that amended the regulations to do

the following: (1) Allow a State to be

divided into two zones for tuberculosis

risk classification; (2) clarify the

conditions for assigning a particular risk

classification for tuberculosis; and (3)

increase the amount of testing that must

be done before certain cattle and bison

may be moved interstate. The interim

rule also recognized two different zones

in Michigan, one classified as

accredited-free and the other as

nonmodified accredited. The interim

rule did not change the tuberculosis risk

classification categories in use at that

time (accredited-free, accredited-free

(suspended), modified accredited, and

nonmodified accredited.)

We solicited comments concerning

our interim rule for 60 days ending

January 3, 2000. We received 64

comments by that date. They were from

livestock owners, representatives of

State and local governments, a farm

bureau, universities, veterinary

associations, and other members of the

public.

Three of the comments supported the

interim rule as written. The issues

raised by the remainder of the

comments were related to our

recognition of the two zones in

Michigan and the fact that one of the

zones was classified as nonmodified

accredited. However, on June 28, 2000,

we published another interim rule in

the Federal Register (65 FR 39780–

39782, Docket No. 00–055–1), effective

as of June 22, 2000, in which we

removed the split-State status of

Michigan and classified the entire State

as nonmodified accredited. We solicited

comments on our interim rule for 60

days ending August 28, 2000, and

received no comments by that date.

Proposed Rule

On March 7, 2000, we published in

the Federal Register (65 FR 11912–

11940, Docket No. 99–038–1) a proposal

to amend the regulations to do the

following: (1) Establish several new

levels of tuberculosis risk classifications

to be applied to States and zones within

States; (2) classify States and zones

according to their tuberculosis risk with

regard to captive cervids; (3) specify that

the regulations apply to goats as well as

to cattle, bison, and captive cervids; and

(4) increase the amount of testing that

must be done before certain cattle,

bison, and goats may be moved

interstate.

We solicited comments concerning

our proposal for 45 days ending April

21, 2000. On March 24, 2000, we

published in the Federal Register (65

FR 15877–15878, Docket No. 99–038–2)

a correction to our proposed rule. We

reopened and extended the deadline for

comments on the proposed rule until

May 8, 2000, in a document published

in the Federal Register on May 1, 2000

(65 FR 25292, Docket No. 99–038–3). In

a document published in the Federal

Register on May 31, 2000 (65 FR 34598–

34599, Docket No. 99–038–4), we

reopened and extended the deadline for

comments until June 16, 2000, and

advised the public we would host two

public hearings on the proposed rule.

We held a public hearing in

Albuquerque, NM, on June 14, 2000,

and another in Lansing, MI, on June 15,

2000.

We received 114 comments on our

proposed rule by June 16, 2000. They

were from livestock owners; agricultural

product manufacturers; representatives

of State, local, and foreign governments;

farm bureaus; livestock industry

associations; universities; a veterinary

association; a fish and wildlife

association; and other members of the

public. Several commenters supported

the proposed rule as written. Others

supported the rule with changes or

simply suggested changes. We discuss

the comments below by topic.

Goats

We proposed to make the tuberculosis

provisions that apply to cattle and bison

also apply to goats, and to group cattle,

bison, and goats in proposed subpart B

of part 77.

One commenter specifically

supported the addition of goats to the

regulations as proposed. A number of

commenters stated that the regulations

should not apply to goats. The

commenters stated that no case of

bovine tuberculosis has been found in

goats used as livestock in the United

States and that it would be less costly

and burdensome to address tuberculosis

in goats according to individual herd

status. Other commenters stated that the

regulations should apply only to goats

that produce milk for human

consumption.

A number of other commenters

recommended that goats be included in

a separate subpart of the regulations and

not be grouped with cattle and bison.

Some commenters who supported

including goats in a separate subpart

stated that including goats with other

livestock in determining tuberculosis

prevalence in a State or zone could

‘‘dilute’’ the numbers of infected cattle

or bison herds, allowing an unwarranted

upgrade in a State’s or zone’s status

without a decrease in actual disease

prevalence. Others expressed concern

that an incidence of tuberculosis in a

herd of goats could adversely affect the

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63503

tuberculosis status of a State with regard

to cattle and bison.

Based on the comments we received,

we are not applying the provisions of

this final rule to goats. Although we are

not aware of any reported incidence of

tuberculosis in goats used as livestock,

it has been demonstrated among goats

held for exhibition that goats can harbor

and transmit the disease. However, we

consider it necessary to review further

the type and amount of surveillance for

tuberculosis that is being carried out

with regard to goats used for livestock.

Currently, it appears that insufficient

surveillance is being conducted in goat

herds to apply a State/zone tuberculosis

classification system to goats. Once we

have completed our review, we will

determine how best to address the issue

of goats and, if necessary, will propose

rulemaking at that time.

References to Goats in the Remainder of

This Supplementary Information

As noted, we proposed to apply the

same regulations to goats as to cattle and

bison, and to consider goat herds along

with cattle and bison herds when

determining the tuberculosis prevalence

among herds in a State or zone.

However, as discussed above, we are not

including goats in this final rule.

Therefore, to simplify our discussion of

the comments we received regarding the

proposed rule, and to avoid any

confusion as to whether goats are

covered by this final rule, when we refer

in this document to the provisions in

the proposed rule that applied to cattle,

bison, and goats, and when we refer to

comments received on those provisions,

we will discuss them only as they apply

to cattle and bison.

Consistency of Terms

One commenter noted that, in some

cases in the proposed regulations, we

used the term ‘‘sexually intact’’ to

describe certain animals covered by the

regulations, and, in other cases, we used

the term ‘‘breeding’’ to describe similar

animals. The commenter stated that, if

the two terms are interchangeable, we

should use just one for consistency.

It was our intent when referring to

‘‘breeding animals’’ to mean ‘‘sexually

intact’’ animals. For consistency,

therefore, wherever we referred to

breeding animals in the proposed rule,

we refer to sexually intact animals in

this final rule.

One commenter noted that, in some

cases in the proposed regulations, we

use the term ‘‘State animal health

official,’’ and in other places in the

regulations we use the term ‘‘livestock

sanitary official.’’ The commenter

recommended that the term ‘‘livestock

sanitary official’’ be replaced with the

term ‘‘State animal health official.’’ In

the regulations, we use the two terms

cited by the commenter to mean the

same State official. Therefore, to

eliminate confusion, in this final rule

we are using the term ‘‘State animal

health official’’ throughout, instead of

‘‘livestock sanitary official.’’

Grouping of Types of Animals

One commenter stated that, instead of

grouping cattle and bison when

considering the tuberculosis status of a

State or zone, each type of animal

should be considered separately in the

regulations.

We will continue to consider cattle

and bison together in determining the

tuberculosis status of a State or zone.

Because they are similar physically and

in their uses, we have considered cattle

and bison together with regard to

tuberculosis for a number of years.

Grouping the two types of animals has

proven effective in the tuberculosis

eradication program and has been

supported by the industries affected by

the regulations.

One commenter stated that, for

purposes of regulation, bison, captive

cervids, beef cattle, and dairy cattle

should be considered separately. A

number of other commenters, limiting

their comments to the distinction

between beef cattle and dairy cattle,

stated that the two usages of cattle

should be keep separate for purposes of

establishing the tuberculosis status of a

State or zone. The commenters stated

that the risk of animals in confinement

(primarily dairy) operations exposing

other animals to tuberculosis is greater

than the risk posed by nonconfinement

(primarily beef) operations. Another

commenter stated that, because it is

unlikely that large dairy herds affected

with tuberculosis would be

depopulated, the existence of affected

dairy herds would unfairly cause a State

or zone, including nonconfinement

herds, to be classified at a higher risk

than would otherwise be warranted.

One commenter stated that the status of

a State should be based on the

prevalence of tuberculosis among beef

herds and tuberculosis eradication

efforts in dairy herds, coupled with inState movement controls.

We are making no changes based on

these comments. Although cattle in a

dairy herd are generally retained in that

herd throughout their lifetime, such is

not always the case, and the presence of

tuberculosis within a dairy herd can

pose a tuberculosis threat to cattle

outside the herd. Dairy herds may

include bulls that are ultimately sold for

beef. Additionally, some owners

maintain both dairy herds and beef

herds on the same premises.

In our proposed rule, we stated that,

although we were proposing to keep

State and zone classifications for cattle

and bison independent of classifications

for captive cervids, our goal is to have,

by the year 2010, each State or zone

with one tuberculosis classification that

would apply to all regulated animals in

the State or zone. One commenter stated

that captive cervid classifications

should not be combined in the future

with cattle and bison classifications. In

our proposed rule, we stated that our

rationale for keeping classifications for

captive cervids separate from those for

cattle and bison at this time was that, in

general, programs for surveillance for

tuberculosis in captive cervids are not

as advanced as those for cattle and

bison. However, in order to promote the

eradication of tuberculosis in livestock

in the United States, we consider it

essential that surveillance for

tuberculosis among captive cervids be

expanded and become more reliable. We

expect that our establishing tuberculosis

risk classifications for captive cervids in

this final rule will promote improved

surveillance, reporting, and removal of

infected captive cervids, and that it is

reasonable to project that, by 2010,

captive cervids can be considered

together with cattle and bison in

determining a State’s or zone’s

tuberculosis risk classification.

However, we will continue to evaluate

this issue and will make no final

decisions until such a change in the

regulations has been proposed in the

Federal Register and the public has had

the opportunity to comment on it.

Wording Change

In §§ 77.10, 77.12, and 77.14,

respectively, we address the interstate

movement of cattle and bison from

modified accredited advanced, modified

accredited, and accreditation

preparatory States and zones. In each of

these sections, paragraph (b) provides

movement requirements for steers and

spayed heifers, and for officially

identified sexually intact heifers moved

to an approved feedlot. Several

commenters stated that the way those

provisions were worded, it was not clear

if the only steers and spayed heifers

being referred to were those moved to

an approved feedlot. It was not our

intent to limit the provisions in

question, as they apply to steers and

spayed heifers, to steers and spayed

heifers that are moved to an approved

feedlot. Our intent was to refer to all

steers and spayed heifers, which by

standard industry practice are moved to

either a feedlot, though not necessarily

63504 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

to an approved feedlot, or to slaughter.

We are rearranging the wording in this

final rule to make it clear the stipulation

that the animals be moved to an

approved feedlot applies only to

sexually intact heifers.

Identification Requirements

In §§ 77.10(b), 77.12(b), and 77.14(b)

of our proposed rule, regarding

movement of cattle and bison from

modified accredited advanced, modified

accredited, and accreditation

preparatory States and zones,

respectively, we provided that sexually

intact heifers moved interstate to an

approved feedlot must be officially

identified, and that steers and spayed

heifers moved interstate from such

States or zones must be either

individually identified by a registration

name and number or officially

identified. In § 77.2 of the proposal, we

defined officially identified to mean

‘‘identified by means of an official

eartag or by means of an individual

tattoo or hot brand that provides unique

identification for each animal.’’

One commenter specifically

supported the requirement for the

identification of sexually intact heifers

moved to an approved feedlot, steers,

and spayed heifers when those animals

are moved from a modified accredited

advanced State or zone. A number of

commenters opposed the requirement

for the individual identification of the

cattle and bison described above for

movement from modified accredited

advanced States and zones. Those in

opposition to the requirement expressed

concern that gathering and processing

the animals in order to identify them

would be extremely difficult, would

generate significant labor costs, would

cause the animals to lose weight, and

would increase the incidence of injury

and death among the animals.

Several commenters recommended

that the regulations allow the use of

means of identification other than

unique individual identification,

including premises identification such

as identification of lot, identification

applied by the owner, and identification

by brand. One commenter

recommended that a New Mexico brand

be allowed as official identification from

that State until an animal is moved to

a feedlot, at which point an official ear

tag should be required. One commenter

recommended that States be allowed to

submit to the Animal and Plant Health

Inspection Service (APHIS) a proposal

for the use of identification that would

provide adequate traceback capabilities

and work for that individual State.

The purpose of requiring a unique

individual identification of cattle and

bison is to allow for traceback in the

event an animal is determined to be

infected with or exposed to

tuberculosis. If an animal is found to be

infected with or exposed to tuberculosis

in slaughter channels, it is necessary for

control and eradication purposes to be

able to identify the premises from which

the animal originated. We have

determined from our experience

enforcing the regulations that,

historically, individual identification

unique to the animal is the

identification that has provided the

most effective traceback capability.

However, we agree there are other types

of identification that, properly

implemented, could allow for the

necessary traceback.

We are, therefore, providing in

§§ 77.10, 77.12, and 77.14 of this final

rule that sexually intact heifers moved

to an approved feedlot, steers, and

spayed heifers must be either officially

identified or, alternatively, be identified

by means of premises of origin

identification. In order to meet the

identification requirement, premises of

origin identification must meet the

definition we are adding to § 77.2. In

that section, we define premises of

origin identification to mean either a

brand registered with an official brand

registry, or an APHIS-approved eartag or

tattoo that bears the premises of origin

identification code. The premises of

origin identification code must consist

of the State postal abbreviation followed

by a unique number or name that is

assigned by a State or Federal animal

health official to the premises on which

the animals originated and that, in the

judgment of the State animal health

official or area veterinarian in charge, is

epidemiologically distinct from other

premises. We are not allowing the

option for premises of origin

identification for cattle other than

officially identified sexually intact

heifers moved to an approved feedlot,

steers, and spayed heifers. Because

cattle used for breeding are customarily

moved from a herd to a number of other

premises, we consider it necessary to

require individual unique identification

for such animals.

In this final rule, we are making a

change to multiple sections to clarify

the identification requirements for

interstate movement. In §§ 77.10(b) and

(d), 77.12(b) and (d), 77.14(b), (c), and

(d), 77.25(b), 77.27(c), and 77.29(b) and

(c), the regulations we proposed

required identification of certain

animals by means of either official

identification or individual

identification by a registration name and

number. However, individual

identification by a registration name and

number is not something different from

official identification, but rather, is

simply one method of official

identification. To avoid confusion, we

are removing the references to

‘‘individual identification by a

registration name and number’’ in each

of the sections listed.

Definition of Officially Identified

Several commenters requested that

the definition of officially identified in

proposed § 77.2 be expanded to include

other means of identification. The

additional means of identification

recommended by commenters included

electronic identification such as radio

frequency identification devices, as well

as transponders placed under the skin

or in the rumen. Another commenter

stated that APHIS should recognize as

‘‘an individual tattoo’’ a breed

registration tattoo or another tattoo with

third party verification.

We are making no changes to the

definition of officially identified in this

rule. However, we are in the process of

developing a national animal

identification program for which we

would propose to recognize electronic

identification and for which we will

consider the commenter’s

recommendations regarding what is

acceptable as an individual tattoo.

Definition of Whole Herd Test

In proposed § 77.14 for cattle and

bison, and in proposed § 77.29 for

captive cervids, we provided that, for

movement from an accreditation

preparatory State or zone, animals that

are sexually intact animals and are not

from an accredited herd must, among

other things, be accompanied by a

certificate stating that they originated in

a herd that has undergone a tuberculosis

herd test with negative results

conducted within 1 year prior to the

date of movement. One commenter

stated that our requirement for an entire

herd test in those provisions could be

confused with the testing required by

the existing regulations to achieve

accredited herd status. The commenter

recommended eliminating such

confusion by referring to the test of an

entire herd as a ‘‘whole herd test’’ when

it is used to qualify animals in the herd

for interstate movement. The

commenter recommended that we

clarify the distinction further by adding

a definition of whole herd to mean ‘‘any

isolated group of cattle or bison 12

months of age or older maintained on

common ground for any purpose, or two

or more groups of cattle or bison under

common ownership or supervision,

geographically separated but that have

an interchange or movement of cattle or

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63505

bison without regard to health status.’’

The commenter further recommended

that we include a comparable definition

of whole herd for captive cervids.

We agree that it would be useful to

make clear the distinction between the

herd test required for movement from an

accreditation preparatory State or zone

and the testing required for accredited

herd status. We are, therefore, adopting

some of the commenter’s

recommendations. However, we believe

that adding a definition of whole herd

to the regulations might cause confusion

with the definition of herd that is

already in the regulations, which is the

same as the definition of whole herd

recommended by the commenter, except

for the reference to a minimum age for

testing. Therefore, we are adding,

instead, a definition of whole herd test

to § 77.5 for cattle and bison to read ‘‘an

official tuberculin test of all cattle and

bison that are 12 months of age or older

in a herd, or that are less than 12

months of age and were not born into

the herd, except those cattle and bison

that are less than 12 months of age and

were born in and originated from an

accredited herd.’’

We are adding a comparable

definition of whole herd test to § 77.20

for captive cervids. However, to do so,

we must revise the definition of whole

herd test that already exists in the

definitions regarding captive cervids. In

that existing definition, whole herd test

is defined as ‘‘an official tuberculosis

test of all test eligible captive cervids in

a herd.’’ The definition was included in

the regulations to refer to the testing

under the existing regulations that is

required for a herd to achieve a

particular risk status. Because ‘‘test

eligible captive cervids’’ in the existing

regulations refers to captive cervids 12

months of age or older in a herd, and all

captive cervids in the herd less than 12

months of age that were not born into

the herd, except those captive cervids

less than 12 months of age that

originated from an accredited herd, we

are using that description in the revised

definition rather than the term ‘‘test

eligible captive cervids.’’ This will make

the definition of whole herd test with

regard to captive cervids consistent with

the definition we are adding with regard

to cattle and bison.

We are not requiring that most

animals younger than 12 months of age

be tested as part of a whole herd test.

The reduced likelihood that such young

animals have developed tuberculosis

does not justify the time and expense of

testing them as part of a whole herd test.

If a herd contains tuberculosis-infected

animals, the infection will likely be

diagnosed by testing all animals 12

months of age or older. However, if the

cattle or bison less than 12 months of

age were not born into the herd and did

not originate from an accredited herd,

they must be tested as part of the whole

herd test due to the possibility they may

have been exposed to tuberculosis

before entering the herd.

Whole Herd Test

We proposed in § 77.12(d) that cattle

and bison that are sexually intact

animals and that are not from an

accredited herd could not be moved

interstate from a modified accredited

State or zone unless accompanied by a

certificate stating that they were

negative to two official tuberculin tests

conducted at least 60 days apart and no

more than 6 months apart, with the

second test conducted within 60 days

prior to the date of movement. Several

commenters recommended that we

instead require that the animals have

originated in a herd that has undergone

a tuberculosis herd test with negative

results within 1 year prior to the date of

movement, and that the individual

animals to be moved have been negative

to one additional official tuberculin test

conducted within 60 days prior to the

date of movement.

We agree with the commenters that

requiring a whole herd test and one

individual test will better ensure that

the animals to be moved are not

originating from a herd affected with

tuberculosis and have changed

§ 77.12(d) accordingly. An equivalent

provision in § 77.27(c) will apply to

captive cervids, except that the

additional test must be conducted

within 90 days prior to movement.

However, because of the efficacy of a

whole herd test in determining whether

tuberculosis exists in a herd, we are

providing that if the animals are moved

within 6 months following the whole

herd test, there is no need for an

individual test.

A number of commenters stated that

States and zones that would receive

steers and spayed heifers from

accreditation preparatory States and

zones have serious reservations with the

provisions in proposed § 77.14(b) that

provide that such animals may be

moved interstate if accompanied by a

certificate stating that they have been

classified negative to two tuberculin

tests conducted at least 60 days apart

and no more than 6 months apart.

According to the commenters, because

of ‘‘the known pitfalls with regard to

detecting exposure, incubation, or

infection in this usually very young

class of animals with the available test

technology,’’ it would be advisable that

such animals be allowed to move

interstate only after the herd tests

negative to one whole herd test and one

individual animal test.

For the same reasons discussed above

regarding §§ 77.12(d) and 77.27(c), we

are making the change to § 77.14(b)

recommended by the commenters.

However, again, because of the efficacy

of a whole herd test in determining

whether tuberculosis exists in a herd,

we are providing that if the animals are

moved within 6 months following the

whole herd test, there is no need for an

individual test.

Additionally, we are making a change

to both §§ 77.14(d) and 77.29(c), which

provide testing requirements for cattle

and bison, and captive cervids,

respectively, that are sexually intact

animals not from an accredited herd

that are to be moved from an

accreditation preparatory State or zone.

Both of those paragraphs require that

such animals to be moved interstate

must have originated in a herd that has

undergone a whole herd test with

negative results within 1 year prior to

the date of movement and have also

been classified negative to two

additional official tests for tuberculosis.

For cattle and bison, the tests must have

been conducted at least 60 days apart

and no more than 6 months apart, with

the second test conducted at least 60

days prior to movement. For captive

cervids, the tests must have been

conducted at least 90 days apart and no

more than 6 months apart, with the

second test conducted at least 90 days

prior to movement. For the same reason

noted above, we are providing in this

final rule that if the animals are moved

interstate within 6 months following the

whole herd test, they need test negative

to only one additional official test for

tuberculosis.

One commenter recommended that

the proposed interstate movement

requirements for cattle and bison be

changed so that, in each case where we

proposed to require an individual

animal official tuberculin test, a whole

herd test be required instead. The

commenter stated that the caudal-fold

test (one of the tests listed in the UMR

as an official tuberculin test for cattle

and bison) is a whole herd screening

test and is meant to be used on the

whole herd. The commenter stated that

testing individual animals does not give

an overall assessment of the entire herd

and that individual nonresponders to

the caudal-fold test can be easily found

in infected herds.

We consider each of the official

tuberculin tests listed in the UMR

reliable in determining the tuberculosis

status of an individual animal.

However, as discussed above, we are

63506 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

increasing the number of situations

under which a whole herd test is

required.

Movement From Nonaccredited States

and Zones

In § 77.16 of our proposed rule, we

proposed to limit interstate movement

from nonaccredited States and zones to:

(1) Cattle and bison being moved

directly to slaughter at an approved

slaughtering establishment; and (2)

cattle and bison that are from an

accredited herd that completed the

testing necessary for accredited status

within 1 year prior to the date of

movement and that test negative to an

official tuberculin test conducted within

60 days prior to the date of movement.

In § 77.31 of our proposed rule, we

provided that the only captive cervids

that would be allowed to be moved

interstate from a nonaccredited State or

zone were those being moved directly to

slaughter at an approved slaughtering

establishment; those from qualified or

monitored herds that meet the

requirements in §§ 77.36 or 77.37 for

interstate movement from those herds;

and those that are moved in an officially

sealed means of conveyance,

accompanied by a certificate showing

that they are from an accredited herd

that completed the testing required for

accredited herd status with negative

results within 1 year prior to the date of

movement and that they were negative

to an official tuberculin test conducted

within 90 days prior to the date of

movement.

One commenter stated that no

movement of regulated animals should

be allowed from nonaccredited States

and zones, except for movement directly

to slaughter. The commenter said that

no testing in nonaccredited States and

zones is reliable, including that

performed to obtain accredited herd

status.

Upon consideration of the issue raised

by the commenter, we are making a

change to §§ 77.16 and 77.32. In this

final rule, we are limiting interstate

movement from a nonaccredited State or

zone to those animals being moved to

slaughter at an approved slaughtering

establishment. A nonaccredited State or

zone will, by definition, be one that

does not meet the standards of the UMR

or in which tuberculosis is prevalent in

0.5 percent or more of the total number

of herds of the animals covered by the

regulations. Therefore, a nonaccredited

State or zone could be one in which the

tuberculosis prevalence rate is

significantly high or unknown. To

maintain accredited herd status, a herd

of cattle or bison must be retested

annually, and a herd of captive cervids

must be tested biennially. In a State or

zone of high or unknown risk, the

length of time between herd testing

could create an unacceptable risk that a

herd will become affected with

tuberculosis between the most recent

testing and the date animals from the

herd are moved interstate. Therefore, we

are providing in §§ 77.16 and 77.31 that

animals covered by the regulations may

be moved interstate from a

nonaccredited State or zone only if they

are accompanied by VS Form 1–27 and

are moved interstate for slaughter in an

officially sealed means of conveyance

directly to an approved slaughtering

establishment.

Testing of Animals From a Modified

Accredited Advanced State or Zone

We proposed to require in § 77.10(d)

that if cattle and bison to be moved

interstate from a modified accredited

advanced State or zone are sexually

intact animals that are not from an

accredited herd, the animals must be

accompanied by a certificate stating that

they have been classified negative to an

official tuberculin test conducted within

60 days prior to the date of movement.

Several commenters opposed the

requirement for the testing of such

animals from modified accredited

advanced States and zones. One of the

commenters said we were being

inconsistent in requiring such testing

because we proposed to allow sexually

intact heifers that are moved to an

approved feedlot, steers, and spayed

heifers to be moved interstate from

modified accredited advanced States

and zones without being tested. Another

commenter said that requiring testing of

breeding animals moved interstate from

modified accredited advanced States

and zones would be unnecessary in

those States that already restrict

movement from premises containing

cattle affected with tuberculosis.

We are making no changes based on

these comments. Because a modified

accredited advanced State or zone is one

in which tuberculosis exists, cattle and

bison moved interstate from such a State

or zone pose an unacceptable risk of

being infected with tuberculosis and

transmitting the disease to other cattle

and bison unless conditions exist or

measures are taken to reduce such a risk

to a negligible level. Sexually intact

heifers moved to an approved feedlot,

steers, and spayed heifers present a

negligible risk of spreading tuberculosis

because they are moved either directly

to slaughter or to feedlots where they

come in contact only with other animals

that are being moved to slaughter.

However, because sexually intact cattle

and bison from modified accredited

advanced States and zones that could

potentially be used for breeding present

a greater risk of being commingled with

animals not being moved to slaughter,

we consider it necessary that such

animals be tested for tuberculosis with

negative results before being moved.

Such testing can either be the testing

that is necessary for accredited herd

status or testing that is done within 60

days prior to interstate movement.

Concern Regarding Surveillance

Requirements in Texas

One commenter expressed concern

that requiring a tuberculosis test for

cattle moved from Texas after being

imported from Mexico would

unnecessarily devalue animals that

would otherwise be held in Texas for a

short time after importation for sorting,

classifying, sizing, and processing.

We proposed to list Texas as a

modified accredited advanced State

with regard to cattle and bison. Based

on this classification, steers and spayed

heifers, as well as sexually intact heifers

moved to an approved feedlot, would

not have to be tested to qualify for

interstate movement from Texas.

However, such animals would either

have to be officially identified or

identified by premises of origin

identification to be moved interstate.

Movement From Accreditation

Preparatory States and Zones

One commenter disagreed with our

proposed requirement in § 77.14(c) that

animals from an accredited herd to be

moved interstate from an accreditation

preparatory State or zone test negative

for tuberculosis within 60 days prior to

movement. The commenter stated that,

because tuberculosis has never been

found in an animal from an accredited

herd, this test is unnecessary.

We are making no changes based on

this comment. An accreditation

preparatory State or zone is one in

which tuberculosis can be prevalent in

up to almost 0.5 percent of the total

number of herds in the State or zone.

This prevalence level presents a high

enough risk that it is necessary to test

animals from an accredited herd once

before they are moved interstate from

such a State or zone. As noted, to

maintain accredited herd status, a herd

of cattle or bison must be retested

annually and a herd of captive cervids

must be tested biennially. In an

accredited preparatory State or zone, the

length of time between herd testing

could create an unacceptable risk that a

herd will become affected with

tuberculosis between the most recent

testing and the date animals from the

herd are moved interstate. With few

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63507

exceptions, all regulated animals not

from an accredited herd in an

accreditation preparatory State or zone

must be tested with negative results at

least twice before being moved

interstate.

One commenter addressed our

proposed requirement in § 77.14(d) that

sexually intact animals to be moved

interstate from an accreditation

preparatory State or zone from other

than an accredited herd originate in a

herd that tests negative within 1 year

prior to movement and be negative to

two individual animal tuberculin tests.

The commenter expressed concern that

the requirement for the whole herd test

would cause problems for cattle buyers

who assemble steers and heifers from

several different herds, place the

animals in lots, and sell them. The

commenter stated that compliance with

the requirement for a whole herd test

within 1 year prior to movement would

require testing of all cattle in the State

or zone.

We are making no changes based on

this comment. As noted above, an

accreditation preparatory State or zone

constitutes a high risk area and

safeguards are necessary to ensure that

tuberculosis is not spread from such a

State or zone. A whole herd test is the

best means of diagnosing the

tuberculosis status of animals from a

high risk area.

Recommendation To Reduce Testing

Requirements

One commenter stated that what the

commenter termed ‘‘unnecessary

testing’’ could be eliminated by

establishing boundaries of ‘‘clean areas’’

and only requiring testing of cattle being

moved into those areas.

We assume that, by ‘‘clean areas,’’ the

commenter is referring to accreditedfree States and zones. We do not

consider it advisable to require testing

only for movement into accredited-free

areas. The goal of the Tuberculosis

Eradication Program is the elimination

of tuberculosis in livestock in the

United States, not just its confinement

to areas where it already exists. By

requiring negative testing for movement

out of States and zones where

tuberculosis exists, except where such

movement poses negligible risk without

testing, we will continue to make

expeditious progress toward eradication

of the disease in livestock in this

country.

Testing of Calves

One commenter questioned what the

testing requirements would be for very

young calves intended for movement

from a nonmodified accredited State or

area. The commenter recommended that

once the Department has determined the

minimum age at which tuberculosis

tests are efficacious, it should be

required that all livestock above that age

be tested negative prior to movement

and that all livestock below that age be

from a herd that has tested negative for

tuberculosis.

Although we are not certain which of

the proposed tuberculosis risk

categories the commenter means by

referring to ‘‘nonmodified accredited,’’

we can address the commenter’s

question regarding test requirements for

very young calves. For the purposes of

interstate movement, calves will be

subject to the same test requirements as

older cattle and bison, except that if a

calf is moved interstate within 6 months

after a whole herd test, it need not be

individually tested, due to our

confidence in the ability of a whole herd

test to determine whether a herd is

affected and the low risk that a calf

moved within 6 months after that test

would have been exposed to

tuberculosis.

Several commenters stated that they

saw no reason to require that baby

calves be tested for tuberculosis

because, according to the commenters,

with proper identification and

movement records, the calves could be

traced back to their premises of origin

should any problems occur.

We are making no changes based on

the comments. We do not agree that

young, sexually intact calves necessarily

pose a negligible risk of transmitting

tuberculosis to other livestock. Our goal

is to prevent the transmission of the

disease, not just to be able to trace back

the movement of affected animals.

It should be noted that the

requirement that cattle and bison of any

age be tested for the purposes of

interstate movement differs from the

requirements in the UMR for achieving

or retaining accredited herd status. In

order to achieve or retain accredited

herd status, the UMR requires the

testing of all cattle and bison 24 months

of age and older and any animals under

24 months of age that are not natural

additions to the herd. Herds must be

tested on an annual basis to retain

accredited herd status.

One commenter asked whether calves

would have to be tested prior to

movement from a modified accredited

State or zone if they were previously

moved from an accredited free State or

zone and were kept in the modified

accredited State or zone for less than 60

days.

In the situation described by the

commenter, the calves moved from a

modified accredited State or zone would

be subject to the testing requirements for

movement from that State or zone.

Movement Through Slaughter Auctions

Proposed § 77.12(a) provided that

cattle and bison moved interstate from

a modified accredited State or zone may

be moved without testing if moved

directly to slaughter at an approved

slaughtering establishment. One

commenter asked whether the ‘‘notesting’’ provision also applied to

animals sold through an auction market

for slaughter within 7 days of the

interstate movement.

If the animals were sold through an

auction market, they would be subject to

the testing requirements for movement

from a modified accredited State or

zone. There is no requirement for the

testing of animals to be moved directly

to slaughter because the very direct

movement and subsequent slaughter of

the animals minimizes the risk that they

could transmit tuberculosis to any

animals other than those also being

moved directly to slaughter. Each

additional stop and assembly of cattle

and bison on the way to slaughter

increases the risk of the spread of

tuberculosis beyond those cattle and

bison.

Certificates

Several commenters stated that those

provisions of the proposed rule that

required that animals be accompanied

by a certificate when moved interstate

would suppress the buying and selling

of cattle from different zones or States.

We acknowledge that being required

to secure a certificate from an APHIS

representative, a State representative, or

an accredited veterinarian could add

some time to the process of purchasing

livestock for movement to another State

or zone. However, such certificates will

be required only for movement from

States or zones with a higher

tuberculosis risk than an accredited-free

State or zone. Under this rule, virtually

all States and zones are classified as

accredited-free for cattle and bison. By

requiring measures such as certification

for certain cattle and bison from States

and zones other than accredited-free,

the regulations will guard against the

transmission of tuberculosis from those

States and zones.

Request for Additional Certification

One commenter stated that we should

require a certificate, such as a certificate

of veterinary inspection, for movement

from an accredited-free State, rather

than allowing movement with no

restrictions as proposed.

We are making no changes based on

this comment. Unless the regulations

63508 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

required official or premises of origin

identification of animals moved from an

accredited-free State or zone, we might

not be able to match the information on

a certificate with the animal for which

the certificate was issued. We do not

consider it necessary to require

certification and identification for each

animal moved from an accredited-free

State or zone, in light of the minimal

risk that a tuberculosis-infected animal

would be moved from such a State or

zone.

Definition of Captive Cervid

Several commenters addressed our

proposed definitions of captive cervid

and livestock. In § 77.20, we proposed

to change the existing definition of

captive cervid to include any cervid,

either wild or maintained in captivity,

that is moved interstate. In § 77.2, we

proposed to revise the definition of

livestock to include previously freeranging cervids that are captured,

identified, and moved interstate. One

commenter recommended that the

reference to free-ranging cervids be

removed from the definition of

livestock. The commenter expressed

concern that including free-ranging

cervids as livestock if they are captured

for later release into the wild implies

that State or Federal agriculture

agencies will claim authority over the

management and disposition of such

cervids, which the commenter said

would usurp the historical and legal

authority of State wildlife management

agencies. Other commenters

recommended that the definition of

captive cervid specify that free-ranging

cervids involved in State-sponsored

restoration attempts are ‘‘captive’’ only

during the transport stage.

It was not our intent in our proposed

rule to include free-ranging cervids

under the definition of captive cervids,

except for the period of time that the

cervids are being held for movement.

Therefore, we are providing in the

definition of captive cervids in this rule

that free-ranging cervids moved

interstate shall be considered captive

cervids during the period of time from

capture until release into the wild.

Wild Cervids

One commenter requested

clarification of what constitutes a

‘‘herd’’ with regard to wild cervids, and

whether the wild cervid population in

an entire State could be considered one

herd for the purposes of herd status. The

commenter also requested that we set

forth the requirements a State would

have to meet to obtain permission to

move wild cervids interstate.

Except for free-ranging cervids held

for interstate movement for relocation,

as discussed above, our regulations do

not apply to wild cervids. Therefore, we

would not designate wild cervids as

having a tuberculosis herd status under

the regulations. A State would be

allowed to move wild cervids interstate,

as long as it complied with the

tuberculosis testing and identification

requirements for interstate movement.

State and Zone Classifications for

Captive Cervids

A number of commenters addressed

the provisions in our proposed rule that

would allow captive cervids to be

moved interstate according to either the

applicable State or zone movement

requirements or the applicable

individual herd requirements (as set

forth in the existing regulations),

whichever are less restrictive. Under the

existing regulations, individual herd

status is based on the tuberculosis test

results for that particular herd. One

commenter recommended that States

and zones not be given a tuberculosis

risk classification for captive cervids

until all captive cervid herds in the

State or zone have been tested. The

commenter expressed concern that

surveillance for tuberculosis in captive

cervids in the United States is not as

advanced as it has been for cattle and

bison. For the same reason, other

commenters stated that it was premature

to establish State and zone statuses for

cervids. Some commenters stated that if

a State were designated as accreditedfree for captive cervids at present,

individual herd owners would have no

incentive to conduct surveillance to

achieve individual accredited herd

status, because captive cervids from all

herds in the State could move interstate

without restriction. Several commenters

recommended that, at present, all States

be designated as modified accredited at

best. In contrast, one commenter was

opposed to classifying all States as

modified accredited. One commenter

recommended that no State or zone be

classified as any less of a risk than

accreditation preparatory until it has

demonstrated that surveillance

requirements for a particular

designation have been met. A number of

commenters questioned the

classifications with regard to

tuberculosis in captive cervids that we

proposed to give various States. Some

commenters said they could not

determine how we arrived at our

proposed classifications.

We proposed to classify each of the

States for captive cervids based on

preliminary information made available

to us by State officials. However, as we

noted in the proposed rule, in general,

we had not received from States the

information necessary to document that

a sufficient number of herds of captive

cervids in the States or zones had been

tested to ensure that tuberculosis

infection at a prevalence level of 2

percent or more will be detected with a

confidence level of 95 percent, which is

the level necessary to validly assess the

tuberculosis prevalence in a State. We

stated that we would need such

information before we could make final

each proposed designation. To give

States an opportunity to provide such

information, we proposed to allow a 90-

day ‘‘grace period’’ following

publication of a final rule for

submission of the information.

Upon review of the comments

received regarding this issue, we agree

with commenters that, currently, the

amount of cervid-specific tuberculosis

surveillance data reported to APHIS by

most States is still insufficient to validly

assess the tuberculosis prevalence in

captive cervid herds in those States. We

do not consider it advisable to establish

final State and zone classifications for

captive cervids until we have had the

opportunity to closely review any

surveillance information submitted to

us by States. Therefore, in this final

rule, we are designating all States and

zones as modified accredited for captive

cervids. The interstate movement

requirements for captive cervids under

modified accredited State and zone

status will be the same as those in the

existing regulations for the interstate

movement of captive cervids from

unclassified herds, which is the

classification of greatest risk for

individual herds. However, as noted

above, animals from herds of lesser risk

than unclassified (i.e, accredited,

qualified, or monitored) may continue

to be moved interstate according to the

requirements for that herd status,

despite the modified accredited status of

the entire State.

We are providing in § 77.26(a) that

each State has 1 year from the

publication date of this final rule to

supply us with the data necessary to

demonstrate that the State complies

with the UMR, incorporated by

reference into the regulations, which

includes the requirement that a

sufficient number of herds of captive

cervids in the State or zone be tested to

ensure that tuberculosis infection at a

prevalence level of 2 percent or more

will be detected with a confidence level

of 95 percent. Once a State has

demonstrated compliance with the

UMR, we will reassess its risk

classification with regard to captive

cervids and, if appropriate, propose to

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63509

change its status from modified

accredited to another classification.

However, if, within 1 year of the date of

publication of this final rule, a State has

not demonstrated that it complies with

the UMR with regard to captive cervids,

we will reclassify the State and any

zones within the State as nonaccredited,

which is the classification of highest

risk for tuberculosis.

Movement Options for Captive Cervids

One commenter stated that allowing

captive cervids to be moved interstate

according to requirements for their

individual herd status or the status of

their State or zone, whichever are less

restrictive, was confusing. Another

commenter stated that the proposed

requirements for the interstate

movement of captive cervids from

modified accredited and accreditation

preparatory States and zones are more

restrictive than the interstate movement

requirements for cervids from qualified

or monitored herds. The commenter

said this does not seem compatible with

the premise that animals should be

permitted to move according to herd

status or State status, whichever is less

restrictive.

As we stated in our proposed rule, a

State or zone classification system for

captive cervids is expected to encourage

States to aggressively conduct

surveillance among all captive cervids

in that State, whether or not any cervids

from a particular herd are intended for

interstate movement. However, if herd

owners have invested the resources to

conduct the monitoring and

surveillance required to achieve a

particular herd status, we consider it

warranted and appropriate to allow

such owners to continue to move their

cervids under the existing regulations

governing movement from such a herd,

if those movement requirements are less

restrictive than the requirements based

on the risk classification of the State or

zone in which the herd is located. We

agree with the commenter, however,

that there would be less potential for

confusion in the regulations if

requirements for movement of captive

cervids were based solely on either State

or zone status or herd status. Our intent

is to move toward making movement

solely dependent on State or zone

status. However, in recognition of the

time and expense taken by many herd

owners to achieve a certain herd status,

we intend to operate for several years in

a transition period of allowing interstate

movement of captive cervids according

to the less restrictive of herd status or

State or zone status.

One commenter questioned whether

interstate movement of captive cervids

from qualified or monitored herds from

a modified accredited State or zone

would be governed by the movement

requirements for the State or zone or for

the movement requirements for a

qualified or monitored herd.

As discussed, we will allow captive

cervids to be moved interstate according

to the requirements for their herd status

or according to the requirements for

their State or zone, whichever are less

restrictive. (However, captive cervids

from a nonaccredited State or zone will

not have the option of moving under the

provisions for herd status, as discussed

above in this ‘‘Supplementary

Information’’ under the heading

‘‘Movement from Nonaccredited States

and Zones.’’) In the case of captive

cervids from a qualified or monitored

herd in a modified accredited State or

zone, it would be less restrictive to

move them according to their herd

status, which we indicate in the

introductory text to § 77.27.

One commenter said that it is unclear

from the proposed rule how many deer

herds need to be part of surveillance

program. Several commenters stated

that captive cervids in a herd that is not

part of a surveillance program should

not be allowed to be moved interstate.

One commenter recommended that

captive cervids from an unclassified

herd in an accredited-free State not be

allowed to move interstate without

testing negative for tuberculosis once

before movement.

Because a State or zone cannot

achieve accredited-free status, or any

status above nonaccredited, without

demonstrating that a sufficient number

of herds of captive cervids in the State

or zone have been tested to ensure that

tuberculosis infection at a prevalence

level of 2 percent or more will be

detected with a confidence level of 95

percent, we consider it appropriate to

allow all captive cervids to move

interstate from an accredited-free State

or zone without restriction, even if the

animals come from an unclassified herd.

Allowing such movement is consistent

with the practice we have been

following for years of allowing all cattle

and bison from an accredited-free State

to move interstate without restriction.

One commenter questioned whether

we were going to establish an

‘‘accredited-free (suspended)’’ status for

captive cervids. We do not intend to

establish such a classification. In our

proposed rule, we proposed to eliminate

the accredited-free (suspended) status

for cattle and bison. Accredited-free

(suspended) was the status given to

States that had been previously

designated accredited-free but in which

tuberculosis had been diagnosed in

cattle or bison in the State. The

accredited-free (suspended) status was

intended to allow the State the time

necessary to eradicate the disease before

being designated modified accredited.

We proposed to replace the accreditedfree (suspended) status with specific

requirements and deadlines for the

elimination of a tuberculosis outbreak in

an accredited-free State. In this final

rule, in lieu of establishing an

accredited-free (suspended) status for

captive cervids, we are establishing

requirements in § 77.22 for eliminating

an outbreak in captive cervids that are

comparable to those for cattle and bison

in § 77.7.

One commenter said that the

proposed rule seemed to provide that

wild cervids in all tuberculosis-free

States would be designated as modified

accredited. The commenter said that, if

that interpretation were correct,

requiring free-ranging cervids to be held

90 days for consecutive tests could

result in unacceptable mortality rates. It

is not clear to us why the commenter

interpreted the proposed rule as he did.

If a State or zone is classified as

accredited free for captive cervids, that

classification would apply to all captive

cervids in the State or zone, including

free-ranging cervids that are temporarily

held for interstate transport.

Accredited Herd Test for Captive

Cervids

We proposed in §§ 77.25 and 77.27

that captive cervids from an accredited

herd may be moved interstate from

modified accredited advanced States

and zones and modified accredited

States and zones if they are

accompanied by a certificate stating that

the accredited herd completed the

tuberculosis testing necessary for

accredited status with negative results

within 1 year prior to the date of

movement. The proposed requirements

in §§ 77.29 and 77.31 for interstate

movement of captive cervids from

accredited herds in accreditation

preparatory States and zones and

nonaccredited States and zones also

required such herd testing within 1 year

prior to interstate movement.

Several commenters recommended

that we remove the requirement that the

herd test for accredited status be

completed within 1 year prior to

interstate movement of the captive

cervids because, under the existing

regulations, accredited herd status is

valid for 24 months from the date of the

testing for accredited herd status. We

agree with the commenters that our

proposed requirement was inconsistent

with the existing regulations and are

requiring in §§ 77.25(b), 77.27(b), and

63510 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

77.29(b) of this final rule that the

requirements for accredited herd status

must be completed within 24 months

prior to the interstate movement of the

captive cervids.

Movement of Captive Cervids From

Qualified and Monitored Herds

One commenter stated that, for the

purposes of interstate movement of

captive cervids from modified

accredited States and zones, an animal

that originates from a ‘‘qualified herd’’

should be considered as one that has

obtained an individual animal test for

movement. The commenter stated that

the requirements in the existing

regulations for obtaining qualified herd

status are more effective than requiring

a negative individual test of an animal

to be moved.

As discussed above under the heading

‘‘Whole Herd Test,’’ in this final rule we

are requiring that captive cervids that

are to be moved from a modified

accredited State or zone, and that are

sexually intact animals not from an

accredited herd, must test negative to

one whole herd test and also to one

individual test. Because of the level of

risk of tuberculosis in a modified

accredited State or zone, we consider it

necessary to require such conditions,

even for captive cervids originating from

a qualified herd. However, due to the

lower level of tuberculosis risk in a

modified accredited advanced State or

zone, we agree that a captive cervid

herd that has achieved qualified or

monitored status has already met

surveillance and herd history standards

equivalent to the biosecurity afforded by

an individual test. Therefore, we are

providing in § 77.25(b) that captive

cervids to be moved from a modified

accredited advanced State or zone that

are from an accredited herd, qualified

herd, or monitored herd may be moved

interstate if they are accompanied by a

certificate stating that the herd has

completed the requirements for

accredited herd, qualified herd, or

monitored herd status within 24 months

prior to the date of movement.

Cervids Moved for Exhibition

Under the existing regulations, to be

eligible for qualified herd status, all

captive cervids in the herd eligible for

testing must have tested negative to an

official tuberculosis test. Additionally,

under the existing regulations, a captive

cervid moved interstate from a qualified

herd must be accompanied by a

certificate that states that the cervid has

tested negative to an official

tuberculosis test conducted within 90

days prior to the date of movement. In

our proposed rule, we provided that

captive cervids from a qualified herd

could be moved interstate without

testing if moved for the purpose of

exhibition, provided they are returned

to the premises of origin no more than

90 days after leaving the premises, have

no contact with other livestock during

movement and exhibition, and are

accompanied by a certificate that

includes a statement that the captive

cervid is from a qualified herd. One

commenter opposed this provision for

captive cervids moved to exhibition.

The commenter stated that moving

cervids for exhibition purposes without

requiring testing leaves open the

possibility of transmission of

tuberculosis at exhibition and

dissemination of the disease upon

return to the farm of origin.

We are making no changes based on

this comment. We consider the

conditions we are requiring for such

movement to be sufficient to ensure that

a captive cervid from a qualified herd

does not pose a risk of transmitting

tuberculosis to other livestock or being

infected by other livestock. The

definition of livestock in § 77.2 includes

animals held for exhibition. Therefore,

the stipulation that captive cervids

moved for exhibition not come into

contact with other livestock while

moved or held for such exhibition will

preclude any exposure of the captive

cervids to affected animals.

Accredited Captive Cervid Herds

In some cases in our proposed rule,

the interstate movement requirements

for cattle and bison and for captive

cervids were dependent on whether the

animals were moved from an accredited

herd. In proposed § 77.5, regarding

cattle and bison, we defined accredited

herd as follows: ‘‘To establish or

maintain accredited herd status, the

herd owner must comply with all of the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ regarding accredited herds.

All cattle and bison in a herd must be

free from tuberculosis.’’

Among the requirements for

accredited herd status for cattle and

bison as set forth in the UMR is the

requirement that testing shall include

all cattle and bison 24 months of age

and older. One commenter

recommended that the definition of an

accredited herd of cattle or bison

provide instead that testing shall

include all cattle and bison 12 months

of age and older. Although we are

making no changes based on the

comment, we consider it an issue

worthy of further review and will

consider it when undertaking future

revisions of the UMR.

Surveillance Necessary for AccreditedFree Status

In our proposed definition of

accredited-free State or zone in §§ 77.5

and 77.20, among the conditions for

achieving such status we included the

provision that there have been no

findings of tuberculosis in the animals

in question for the previous 5 years,

except that the waiting period would be

less than 5 years if certain other

conditions were met. One of the

exceptions we proposed was that the

waiting period would be 3 years in

States or zones that have conducted

surveillance that demonstrates that

other livestock herds and wildlife are

not at risk of being infected with

tuberculosis, as determined by the

Administrator based on a risk

assessment conducted by APHIS.

Several commenters stated that the

methods and criteria of such an

assessment should be included in the

regulations. One of the commenters

stated that, as worded, the proposed

provision did not make clear what

surveillance methodology would be

required. The commenter expressed

concern that surveillance requirements

could be unrealistic, prohibitively

expensive, and not supported by

independent, objective risk assessment.

The commenter recommended that we

allow analysis of surveillance data by

experts in risk assessment other than

APHIS.

In determining surveillance

requirements, it is necessary to assess

the situation in each given State or zone.

For instance, in some States and zones,

infected wildlife may pose a significant

risk to livestock, while in other States,

wildlife may be a negligible factor. In

some States and zones, beef cattle may

be spread over wide areas, whereas in

other States and zones they may be

more concentrated. Some States have

significant numbers of large, densely

populated dairy herds; others have few

very large herds. Therefore, it would not

be in the best interests of each State or

zone to establish uniform surveillance

criteria for all States and zones. We do

not consider it advisable to include in

the regulations the methodology that

will be used in each case, because risk

assessment methodology is subject to

ongoing refinement. The methodology

that APHIS will use to conduct risk

assessments will be open to inspection

by the public, and we will work closely

with each State in determining the

surveillance necessary to achieve

accredited-free status 3 years after the

last diagnosis of tuberculosis in the

State or its zones.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63511

One commenter said that the option

of achieving accredited-free status after

3 years based on the surveillance

described above should be eliminated.

The commenter recommended instead

that the surveillance described above be

added as a condition for achieving

accredited-free status after a 5-year wait

when affected herds have not been

depopulated. We are making no changes

based on the comment. The option of

achieving accredited-free status after 3

years was included as an incentive for

States to conduct surveillance over and

above the baseline surveillance required

by the UMR, just as the option of

achieving accredited-free status 3 years

after depopulation of all affected herds

is included as an incentive to States to

depopulate affected herds. In those

States in which depopulation of affected

herds is not a viable option, due to, for

instance, insufficient State funding for

indemnity payments, we consider it

necessary to the continued progress of

the tuberculosis eradication program to

encourage the States to take measures

over and above the minimum standards

set forth in the UMR.

Animals at Feedlots

The definitions of accredited-free

State or zone in §§ 77.5 and 77.20 of the

proposed rule included, as one of the

methods of achieving that status, that a

State or zone have had no findings of

tuberculosis in any cattle or bison for

the previous 5 years. One commenter

stated that such a determination of no

finding of tuberculosis should not

include cattle at feedlots.

Historically, we have determined a

State’s tuberculosis status by the

incidence, or lack thereof, of the disease

in herds of cattle and bison. In enforcing

the tuberculosis regulations, we have

historically not considered the assembly

of cattle at feedlots to be a herd. Rather,

we have looked at the disease status of

a herd prior to the movement of animals

from that herd to a feedlot. Because the

animals assembled at a feedlot generally

consist of animals from a number of

different herds assembled for a limited

period of time, we have not found it

useful for the purposes of the

tuberculosis eradication program to

consider such an assembly of animals a

herd. Therefore, we are amending the

definition of herd in § 77.5 regarding

cattle and bison to specify that animals

assembled at a feedlot are not

considered a herd. Additionally, we are

adding a definition of feedlot to mean a

facility for congregating finished fed

cattle prior to their being shipped to

slaughter. We are adding a definition of

finished fed cattle to mean cattle

fattened on a ration of feed concentrates

to reach a slaughter condition

equivalent to that which would be

attained on full feed with a high

concentrate grain ration for 90 days.

We believe that the commenter’s

concern regarding how the disease

status of animals at a feedlot would

affect the status of a State or zone may

have been caused by certain wording in

our proposed rule that might be

misleading. In §§ 77.5 and 77.20 of the

proposed rule, in the definitions of

accredited-free State or zone for cattle

and bison and for captive cervids,

respectively, we included as one of the

conditions for being considered an

accredited-free State or zone that the

State or zone, with certain exceptions,

have had no findings of tuberculosis in

the State or zone for the previous 5

years. However, consistent with the

other provisions of the proposed rule

and with our historical practice in

enforcing the regulations, our intent

regarding the 5-year ‘‘waiting period’’

was that a State or zone have no

findings of tuberculosis in a herd during

that time. We are wording this final rule

to make clear our intent that the 5-year

waiting period will apply to freedom

from tuberculosis in herds other than at

feedlots.

Deadline for Epidemiologic

Investigation

In § 77.7(c) of our proposed rule, we

provided, with regard to cattle and

bison, that if an affected herd is detected

in a State or zone classified as

accredited free, and the herd is

depopulated and an epidemiologic

investigation is completed within 90

days of the detection of the affected

herd with no evidence of tuberculosis,

the State or zone may retain its

accredited-free status. We included a

similar provision for captive cervids in

§ 77.22(c), except that the proposed time

to complete the investigation was 120

days, due to the longer waiting period

necessary between tests of cervids than

those of cattle and bison.

Several commenters said that 90 days

is not enough time for an accredited-free

State or zone to complete an

epidemiologic investigation in the event

of a tuberculosis outbreak in cattle or

bison. One commenter recommended

that the maximum time allowed be 120

days, as we proposed for captive

cervids. Another commenter

recommended that the maximum time

allowed be 180 days for cattle and

bison, as well as for captive cervids.

We are making no changes based on

the comments. We consider 90 days a

sufficient amount of time to complete an

epidemiologic investigation in cattle

and bison and, because of the

emergency nature of an outbreak in an

accredited-free State or zone, do not

consider it advisable to allow any more

time than is necessary to complete an

investigation. The amount of time

allowed to complete an investigation

regarding captive cervids will remain

120 days as proposed for reasons

explained above.

Tuberculosis in an Accredited-Free

State or Zone

Several commenters, addressing the

scenario of an outbreak occurring in an

accredited-free State or zone, stated that

the proposed rule did not require testing

for tuberculosis in such a State or zone

during the time between discovery of

the affected herd and completion of an

epidemiologic investigation, even

though, according to the commenters,

the risk of tuberculosis being spread

from that State or zone must be greater

than that from other accredited-free

States or zones.

We do not agree that it is necessary

to require testing of animals from an

accredited-free State or zone while an

epidemiologic investigation is being

conducted following an outbreak of

tuberculosis in the State or zone. To

achieve accredited-free status, a State or

zone must have no findings of

tuberculosis in herds of regulated

animals for 2 to 5 years. Additionally,

a sufficient number of herds of regulated

animals must be tested in the State or

zone to ensure that tuberculosis

infection at a prevalence level of 2

percent or more is detected with a

confidence level of 95 percent.

With these safeguards in place, it is

likely that any herd diagnosed with

tuberculosis in an accredited-free State

or zone represents an isolated incidence

of the disease. Additionally, in order for

a State or zone to retain its accreditedfree status, a cattle or bison herd in

which tuberculosis is detected must be

depopulated and an epidemiologic

investigation must be completed within

90 days of the detection of the affected

herd (120 days for captive cervids). It is,

therefore, unlikely that the disease will

have an opportunity to spread beyond

the affected herd. We do not consider it

warranted to require testing of other

herds within the State or zone while the

epidemiologic investigation is being

conducted.

One commenter stated that, because a

tuberculosis-affected herd in an

accredited-free State or zone must be

depopulated for the State or zone to

retain its accredited-free status, APHIS

should establish a fund for the payment

of indemnity for such depopulations.

We are aware that payment of

compensation is an important incentive

63512 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

in encouraging a herd owner to agree to

depopulation of an affected herd and are

seeking funds to supplement the funds

already available to us to provide such

compensation.

Number of Zones Per State

We proposed in § 77.4 to remove the

provision in § 77.8 of the current

regulations that limits the number of

zones in a State to no more than two.

One commenter opposed allowing an

unlimited number of zones per State,

questioning whether the necessary

restrictions on movement between

zones could be maintained over time.

The commenter recommended that the

number of zones per State be capped at

three, with provision for the

Administrator to authorize additional

zones up to five. Other commenters

stated that the maximum number of

zones per State should be kept at two.

Several of these commenters expressed

concern that allowing more than two

zones per State might encourage certain

areas of the State not to pursue

eradication aggressively.

We are making no changes based on

these comments. According to the

regulations, APHIS will recognize

multiple zones within a State only if the

State demonstrates that it meets the

requirements specified in the

regulations regarding its tuberculosis

eradication program, veterinary

infrastructure, and epidemiologic

surveillance for tuberculosis in the

State. Additionally, the State must enter

into a memorandum of understanding

with APHIS in which the State agrees to

adhere to any conditions for zone

recognition particular to that request.

Once APHIS recognizes multiple zones

within a State, such recognition is

subject to annual review by the

Administrator, who will determine

whether the State continues to meet the

conditions for zone recognition. Based

on these criteria for zone recognition,

we do not consider it necessary to set a

predetermined maximum on the

number of zones per State.

With regard to the commenters’

concern that establishing more than two

zones in a State might encourage certain

areas within that State not to pursue

eradication aggressively, our intent in

allowing more than two zones is to

achieve just the opposite effect. If the

number of zones within a State is

limited to two, and one or both of the

zones contain within themselves

varying levels of risk for tuberculosis,

the impossibility of creating additional

zones could act as a disincentive for the

zones to restrict movement within the

existing zones to otherwise contain the

disease and move toward eradication. In

those cases where it appears advisable

to explicitly encourage progress toward

eradication in zones, APHIS can do so

in the memorandum of understanding

with the State, making such progress,

for example, a condition for retaining

zone recognition in the State.

Retention of Zone Recognition

In proposed § 77.4, regarding

application for and retention of zone

status for tuberculosis within a State, we

provided that retention of APHIS

recognition of a zone is subject to

annual review by the Administrator,

and that, to retain recognition of a zone,

a State must retain for 2 years all

applicable movement certificates and

continue to comply with the conditions

that had to be met to achieve initial

recognition of the zone. These

conditions include requirements

regarding the State’s legal and financial

resources to implement and enforce a

tuberculosis eradication program, the

State’s infrastructure for notifying State

and Federal animal health authorities of

tuberculosis in the State, surveillance

for tuberculosis and review of testing

within the intended zones, and a

memorandum of understanding between

the State and APHIS.

One commenter recommended that

the requirements for retention of zone

recognition also include annual review

by APHIS of the tuberculosis

management plan required in the

proposed rule to achieve State and zone

risk classification (except for

‘‘nonaccredited’’) in those cases where

tuberculosis is diagnosed in an animal

not specifically regulated under the

tuberculosis regulations and where a

risk assessment conducted by APHIS

determines that the outbreak poses a

tuberculosis risk to livestock within the

State or zone.

We agree with the commenter that it

would be advisable to make clear that

retention of APHIS recognition of a zone

is dependent on whether the State in

question meets the conditions necessary

to maintain or improve the status of

each zone in the State, and we are

adding such a requirement to § 77.4(b).

If a State fails on an extended basis to

meet the conditions necessary to

maintain or improve the status of its

zones, we will conclude that it is not

meeting the conditions for its original

zone recognition (i.e., that it implement

and enforce a tuberculosis eradication

program and have in place adequate

animal health laws, regulations, and

infrastructure).

Retention of Certificates

The provisions in proposed § 77.4(b)

for retention of recognition of zones

within a State require that, to continue

such recognition, a State must retain for

2 years all certificates required by the

regulations for the movement of cattle,

bison, and captive cervids. One

commenter stated that a 2-year retention

requirement is inadequate for movement

records for tuberculosis and

recommended that the retention time be

at least 5 years. We do not agree that

certificates should be required to be

retained for more than 2 years.

Requiring retention of movement

records for 2 years enables us to trace

back the movement of animals affected

by tuberculosis for a period of time

when traceback is feasible enough to

justify retention of the records. The

likelihood of tracing an animal back to

its premises of origin declines with the

amount of time that has passed since its

original movement. This is often due to

intrastate movements that do not require

records retention under the regulations.

We have found through our experience

enforcing the regulations that the

likelihood of tracing animals back has

declined after 2 years to the extent that

requiring retention of movement records

is not justified. However, in this final

rule, we are clarifying the provision in

§ 77.4(b) regarding retention of records

to state that the certificates must be

retained for at least 2 years.

Tuberculosis Management Plan and

Wildlife

Several commenters expressed

concern regarding the proposed

provision that if tuberculosis is

diagnosed in a State or zone in an

animal not specifically included in the

regulations, and a risk assessment

conducted by APHIS determines that

the outbreak poses a tuberculosis risk to

livestock within the State or zone, then

the State or zone must implement a

tuberculosis management plan,

approved jointly by the State animal

health official and the APHIS

Administrator (Administrator), within 6

months of the diagnosis. The

commenters stated that the requirement

that the plan be approved jointly by the

State animal health official and the

Administrator would usurp the

authority of State wildlife management

agencies. Several commenters

recommended that if tuberculosis is

diagnosed in wildlife, State wildlife

agencies assist in and be the lead

agencies for implementation of a disease

management plan. One commenter

questioned what the current situation

was regarding surveillance in wildlife

and stated that APHIS needs to seek

authority to deal with tuberculosis in

wildlife.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63513

1See, for example, Crews K.B., Collins D.M.,

deLisle G.W., MacKenzie R.W., Walker R., Yates

G.F., ‘‘Epidemiology and Transmission of Bovine

Tuberculosis. A study of bovine tuberculosis in

domestic animals and wildlife in the MacKenzie

Basin and surrounding areas using DNA

fingerprinting,’’ New Zealand Veterinary Journal 43,

1995, pp. 266–271, and Dolan, L.A., ‘‘An Analysis

of Epidemiology Reports that Attributed the Cause

of Herd Breakdowns to Wildlife,’’ Tuberculosis

Investigation Unit, University College Dublin,

Selected Papers 1992, pp. 33–36.

APHIS does have authority to address

tuberculosis in wildlife to the extent it

poses a risk to the health of livestock.

Therefore, we consider it necessary for

APHIS, along with the State animal

health official, to determine whether a

disease management plan involving

tuberculosis in wildlife will be adequate

to protect the livestock in a State or

zone. However, the regulations require

joint approval of a disease management

plan by APHIS and the State at a

minimum. We recognize the integral

role of State wildlife agencies in

developing and implementing a disease

management plan that involves wildlife,

and we expect to work closely with

such agencies should the need for a plan

arise.

In the proposed provisions regarding

the maintenance of accredited-free,

modified accredited advanced, modified

accredited, and accreditation

preparatory classifications, there is a

requirement that if tuberculosis is

diagnosed in an animal not specifically

regulated under part 77, and a risk

assessment conducted by APHIS

determines that the outbreak poses a

tuberculosis risk to livestock within the

State or zone, the State or zone must

implement a tuberculosis management

plan, approved jointly by the State

animal health official and the

Administrator, within 6 months of the

diagnosis. According to the proposed

provisions, the management plan must

include provisions for, among other

things, immediate investigation of

tuberculosis in livestock, wildlife, and

animals held for exhibition. One

commenter asked whether it should be

assumed that ‘‘wildlife, and animals

held for exhibition’’ refers to wildlife

only when they are held for exhibition

and not to free-ranging wildlife.

It was our intent regarding the

language cited by the commenter that,

in the case of a tuberculosis risk to

livestock, all wildlife would be subject

to investigation, not just wildlife held

for exhibition, and we are making a

change to the text of the regulations to

clarify this. However, as stated, wildlife

would be subject to investigation only

when wildlife in the State or zone poses

a tuberculosis risk to livestock. If an

outbreak among wildlife is determined

to present no risk to livestock, the

investigation described above would not

be required.

Preemption

In accordance with Executive Order

12988, we included a statement in our

proposed rule giving notice that any

State and local laws and regulations in

conflict with the proposed provisions

would be preempted. A number of

commenters stated that including such

a statement in the rulemaking was

harmful to State-Federal cooperative

efforts. Other commenters expressed

concern that the statement meant that a

State could not require any conditions

for movement of animals into the State

over and above the Federal

requirements.

Under Executive Order 12988, a

Federal agency that formulates proposed

legislation and regulations is required,

among other things, to specify in clear

language the preemptive effect it

intends to be given to its legislation or

regulations. The executive order does

not specify what that preemptive effect

shall be. Historically, domestic animal

health regulations of a State have not

been challenged when they require

conditions more stringent than those

included in the APHIS regulations.

However, State regulations that conflict

with or subvert Federal regulations

concerning the interstate movement of

animals and products that are

promulgated for the purpose of the

control of diseases of livestock and

poultry will probably be held

unconstitutional if challenged.

Research Regarding Tuberculosis

One commenter stated that the

existing scientific data regarding

tuberculosis in the animals addressed

by the regulations is insufficient to

allow for decisions based on risk

analysis or similar statistical methods.

We do not agree that insufficient

scientific data exist regarding

tuberculosis in animals addressed by

the regulations. The USDA’s

Agricultural Research Service has been

conducting research on tuberculosis in

animals for a number of years.

Additionally, research has been done

outside the United States regarding

cross-species transmission of

tuberculosis. Information regarding

these studies can be obtained by

contacting the person listed in this final

rule under FOR FURTHER INFORMATION

CONTACT.

One commenter stated that the case

for transmission of tuberculosis from

bison and captive cervids under natural

production conditions is very weak and

lacks the conclusive scientific data that

should be required for the proposed

rule.

We do not agree that scientific

evidence regarding cross-transmission

of tuberculosis is lacking. Multiple

epidemiologic investigations of

tuberculosis outbreaks have

demonstrated the movement of the

tuberculosis disease agent from one

species to another.1

Implementation of Regulations

One commenter requested that States

be allowed time to phase in the

regulatory changes and noted that State

rule changes in the commenter’s State

become effective no sooner than 74 days

after the rule is filed.

We are aware that it takes time for a

State to revise its own regulations when

such a change is made necessary by one

of our regulatory changes. With regard

to changes concerning cattle and bison

in this final rule, we are not aware of

any State regulatory changes that will be

necessary. With regard to changes

concerning captive cervids in this final

rule, we are providing each State with

1 year to submit data to us

demonstrating the State or zone status

for which the State will qualify. In the

meantime, we are classifying each State

as modified accredited with regard to

captive cervids, which means that no

owner of captive cervids will need to

meet conditions any more stringent than

currently in place for interstate

movement of the animals. With regard

to any future rulemaking that would

require a State to change its regulations,

we will not finalize a regulation with

regard to a State until the State has

implemented its regulations.

M. Bovis

One commenter stated that it was not

clear that the proposed rule would

apply only to M. bovis. The commenter

said there are many other types and

strains of mycobacteria that are usually

referred to as soil borne or unclassified

mycobacteria.

We disagree with the commenter that

it is not clear which disease agent we

are talking about in the proposed

regulations. Section 77.2, ‘‘Definitions,’’

defines tuberculosis as ‘‘the contagious,

infectious, and communicable disease

caused by Mycobacterium bovis.’’

Role of States and Other Cooperators

One commenter stated that the

proposed rule did not include an

explanation of why the role of States

and other cooperators is reduced in the

proposed rule. We do not agree that the

63514 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

role of States and other cooperators will

be reduced by this final rule. Those

provisions in the existing regulations for

which joint State-Federal action is

required were retained in the proposed

rule and in this final rule. Additionally,

both the proposed rule and final rule

provide that to achieve any risk

classification higher than

nonaccredited, a State or zone must

comply with the provisions of the UMR.

Limiting Interstate Movement of Specific

Species or Type

A number of commenters

recommended that the regulations state

that the Administrator has authority to

limit interstate movement of species, or

classes of animals within species, that

pose a high risk of being a reservoir of

tuberculosis.

It is not necessary for us to include in

the regulations that the Administrator

has the authority described by the

commenters. The Administrator has

such authority with regard to any

disease. If it occurs that a particular

species or type of animal presents an

unacceptable risk of harboring

tuberculosis and transmitting it to

livestock, we will take action to restrict

the interstate movement of that species

or type of animal.

Approved Feedlots

One commenter stated that if APHIS

is going to allow sexually intact heifers

to be moved interstate to an approved

feedlot from a modified accredited

advanced State or zone, APHIS must be

prepared to perform all the functions

required to carry out this provision. The

commenter stated that requiring States

to oversee this would place an undue

burden on State resources.

Although the regulations in this rule

allow for the movement of sexually

intact heifers from a modified

accredited advanced State or zone to an

approved feedlot, they do not require

that a State agree to approve feedlots. In

§ 77.5 of this rule, an approved feedlot

is defined as ‘‘a confined area approved

jointly by the State animal health

official and the Administrator for

feeding cattle and bison for slaughter,

with no provisions for pasturing or

grazing.’’ Any intrastate movement to or

from an approved feedlot would come

under State authority. A State that

determines it does not have the

resources to handle movement to or

from an approved feedlot has the option

of not approving such feedlots.

One commenter stated that cattle from

accreditation preparatory States and

zones, including those from accredited

herds, should be allowed to be moved

only to approved feedlots.

We do not consider it necessary to

restrict the movement of cattle from

accredited herds in an accreditation

preparatory State to approved feedlots.

The risk of tuberculosis transmission by

animals from an accreditation

preparatory State or zone, although

greater than that for animals from an

accredited-free, modified accredited

advanced, or modified accredited State

or zone, is, according to the definition

of accreditation preparatory State or

zone, limited. To qualify for

accreditation preparatory, a State or

zone must comply with the UMR and

have a tuberculosis prevalence of less

than 0.5 percent. Because animals in an

accredited herd undergo constant

monitoring for tuberculosis, we consider

whatever risk is present from animals

from an accredited herd in an

accreditation preparatory State or zone

to be mitigated to a negligible level by

the testing required for the interstate

movement of cattle and bison.

One commenter stated that no

interstate movement of captive cervids

should be allowed from States and

zones classified as accreditation

preparatory or less. We are making no

changes regarding movement from

accreditation preparatory States and

zones based on this comment, for the

same reasons as those noted in the

preceding paragraph.

Postmovement Testing

One commenter recommended that,

in addition to two negative

premovement tests, officially identified,

sexually intact cattle from a modified

accredited State or zone that are not

being moved to an approved feedlot

should be required to have a

postmovement test. The commenter

stated that this is necessary because of

the possibility that premovement testing

of cattle from modified accredited States

and zones may be questionable. The

same commenter stated that testing of

all cattle from accreditation preparatory

States is suspect, and that a postentry

test should be required for all cattle

from these States and zones, including

those from an accredited herd.

We are making no changes based on

this comment. We consider the

conditions we are setting forth in this

rule for interstate movement to be

adequate to mitigate the disease risk that

might otherwise exist from interstate

movement of animals from States and

zones of different risk classifications.

Direct Movement

Proposed § 77.2 defined moved

directly for cattle, bison, and captive

cervids to mean ‘‘moved without

stopping or unloading at livestock

assembly points of any type. Livestock

being moved directly may be unloaded

from the means of conveyance while en

route only if the animals are isolated so

that they cannot mingle with any

livestock.’’ One commenter stated that

the definition of moved directly should

include a statement that the State

animal health official must give

permission to unload cattle or bison that

are being moved directly. When we

included in the definition of moved

directly the provision for livestock to be

unloaded en route provided they are

isolated from other livestock, we

intended that such unloading en route

would be carried out only in very

limited circumstances, such as in the

case of a mechanical breakdown or the

need to provide food and water to the

animals. In order to ensure that such

unloading is carried out only in limited

circumstances and when necessary, and

to ensure that the livestock unloaded en

route are kept isolated from other

livestock, we are including in the

definition of moved directly in § 77.2, as

recommended by the commenter, that

livestock being moved directly may be

unloaded from the means of conveyance

while en route only with the permission

of the State animal health official, and

only if the animals are isolated so that

they cannot mingle with any livestock

other than those with which they are

being shipped.

Concern Regarding States’ Inability To

Take Action

Several commenters stated that the

Department has not adequately

addressed the issue of the sovereign

immunity of Native American

reservations in the West. The

commenters asked how a State’s

classification would be affected if

tuberculosis were discovered but not

dealt with on a reservation.

The situation described by the

commenters has not arisen to date. If

tuberculosis were diagnosed on a

reservation, APHIS would work closely

with the reservation to eliminate the

source of the infection. The State or

zone in which the reservation is located

could establish a quarantine to prohibit

or restrict movement of livestock from

the reservation. If we determined that a

State or zone had taken all measures

possible to address an outbreak on a

reservation, it is unlikely we would

immediately take action to downgrade

the status of the State or zone.

One commenter stated that a situation

could arise where tuberculosis is

diagnosed in animals not specifically

covered by the regulations and the State

or zone will not be able to implement

a tuberculosis management plan that

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63515

includes investigation of tuberculosis in

wildlife because the wildlife are under

Federal jurisdiction, such as in a

national park. The commenter

expressed concern that, in such a

situation, a State or zone’s classification

could be downgraded.

If a situation should arise where a

State is making every possible effort to

comply with the regulations but cannot

fully comply because of the

involvement of another Federal agency,

we would take that into account when

determining whether a State’s or zone’s

risk classification should be

downgraded.

Definitions

In our proposed rule, we used the

term ‘‘designated tuberculosis

epidemiologist’’ and defined that term

in § 77.2 to mean a State or Federal

epidemiologist designated by the

Administrator to make decisions

concerning the use and interpretation of

diagnostic tests for tuberculosis and the

management of tuberculosis-affected

herds. One commenter stated that the

duties of a designated tuberculosis

epidemiologist must be much broader

than as defined and should include, but

not be limited to, tracing movements of

animals into and out of an affected herd,

identifying potentially exposed herds,

identifying areas for area testing, and

identifying potential nonlivestock

sources of disease.

Although the definition of designated

tuberculosis epidemiologist we used in

our proposed rule was not incorrect, we

agree that it does not encompass all of

the duties of a designated tuberculosis

epidemiologist. To make clear the scope

of the designated tuberculosis

epidemiologist’s responsibilities, we are

revising the definition of that term to

state, in addition to what is included in

the existing definition, that a designated

tuberculosis epidemiologist has the

responsibility to determine the scope of

epidemiologic investigations, determine

the status of animals and herds, assist in

the development of individual herd

plans, and coordinate disease

surveillance and eradication programs

within the geographic area of his or her

responsibility.

In our proposed rule, we used the

term ‘‘epidemiologic investigation’’ and

defined that term in § 77.2 to mean an

investigation that is conducted by a

State in conjunction with APHIS

representatives, in which an official test

for tuberculosis is conducted on all

livestock in any tuberculosis-affected

herd in a State or zone, as well as on

all livestock in any herd into which

livestock from the affected herd have

been moved. One commenter stated

that, according to the definition as

written, herds across a fence or road

from an affected herd would not be

included in the epidemiologic

investigation unless animals from the

affected herd were moved into the herd

across the fence or road. The commenter

recommended that the definition of

epidemiologic investigation be

expanded to also include investigation

of all potential source herds and

investigation of all herds and animals

that have had a likelihood of being

exposed to the affected herd.

We agree that an effective

epidemiologic investigation should

include investigation of the herds and

animals described by the commenter

and are revising the definition of

epidemiologic investigation in § 77.2

accordingly.

As discussed above under the heading

‘‘Identification Requirements,’’ we are

adding to § 77.2 a definition of premises

of origin identification. In that

definition, we use the term ‘‘area

veterinarian in charge.’’ We are defining

area veterinarian in charge in § 77.2 to

mean ‘‘the veterinary official of APHIS

who is assigned by the Administrator to

supervise and perform the official

animal health work of APHIS in the

State concerned.’’

In this final rule, we use the term

‘‘approved feedlot,’’ which we define in

§ 77.5 as a confined area approved

jointly by the State animal health

official and the Administrator for

feeding cattle and bison for slaughter,

with no provisions for pasturing and

grazing. In the existing regulations

regarding exposed cattle (§ 77.17(b) of

this rule), there is a reference to a

‘‘quarantined feedlot’’ as used in

§ 50.16. A quarantined feedlot as

referred to in § 50.16, and as defined in

§ 50.1, differs from an approved feedlot

as defined in § 77.5 of this rule in that

a quarantined feedlot is under the direct

supervision and control of a State

livestock official, with restrictions on

the movement of all livestock entering

or leaving the feedlot. As defined in

§ 50.1, a quarantined feedlot is ‘‘a

confined area under the direct

supervision and control of a State

livestock official who shall establish

procedures for the accounting of all

livestock entering or leaving the area.

The quarantined feedlot shall be

maintained for finish feeding of

livestock in drylot with no provision for

pasturing and grazing. All livestock

leaving such feedlot must only move

directly to slaughter in accordance with

established procedures for handling

quarantined livestock.’’ To make clear

the distinction between the two types of

feedlots, we are adding to § 77.5 the

definition of quarantined feedlot set

forth above.

Additionally, we are clarifying in the

definition of State in § 77.2 that the

word ‘‘territories’’ refers to U.S.

territories.

Comments Outside the Scope of the

Proposed Rule

In our proposed rule, we reformatted

all of 9 CFR part 77, even though we

were proposing changes to only a

selected number of provisions in the

regulations. In order to make it easier to

follow our proposed formatting changes,

we set out all of part 77 in the proposal,

including those provisions of the

existing regulations to which we were

proposing no amendments, except to

change section number designations.

We stated in our proposed rule that we

were not soliciting comments on the

unchanged provisions, and we listed

those sections or parts of sections on

which we were not soliciting comments.

Several commenters, however,

submitted comments that addressed

certain of the provisions to which we

were proposing no changes. Virtually all

of the issues raised by these commenters

concerned standards in the current

regulations for testing of captive cervids.

Although we are making no changes at

this time based on these comments, we

will consider each one and determine

whether future changes based on the

recommendations appear warranted.

Change to Authority Citation

We are making a change to the

authority citation for part 77 to reflect

a reformatting of the provisions in 7

CFR 371 regarding the delegation of

authority to Veterinary Services, APHIS.

Consistent with this reformatting, we

are changing the reference to 7 CFR

371.2(d) to read 7 CFR 371.4.

Therefore, for the reasons given in the

proposed rule and in this document, we

are adopting as a final rule the interim

rules of November 1, 1999, and June 28,

2000, and the proposed rule of March 7,

2000, with the changes discussed in this

document.

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.

Bovine tuberculosis is a

communicable disease of cattle, bison,

cervids and other species, including

humans, and results in losses in meat

and milk production and sterility among

infected animals. The Cooperative State/

63516 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

Federal Tuberculosis Eradication

program has virtually eliminated bovine

tuberculosis from the Nation’s livestock

population. However, changes to the

tuberculosis regulations are needed to

further the efforts toward complete

eradication.

Currently, the tuberculosis regulations

define State risk classification levels for

cattle and bison. However, until the

effective date of this rule, the

classification levels provide only for

three broadly drawn classifications of

risk, and two of the classifications carry

no restrictions on the interstate

movement of cattle and bison not

known to be infected with tuberculosis.

The current regulations do not provide

classification levels for captive cervids.

This rule will increase the number of

risk classifications and establish risk

classifications for States and zones with

regard to captive cervids. The

classification of a State or zone with

regard to cattle and bison will not

necessarily be the same as its

classification with regard to captive

cervids. Under this rule, the five

possible risk classifications will be

accredited-free, modified accredited

advanced, modified accredited,

accreditation preparatory, and

nonaccredited.

Cattle and Bison

In 1999, the total number of cattle in

the United States was approximately

99.115 million, valued at approximately

$58.833 billion. There were 1,095,960

U.S. operations with cattle. Over 99.1

percent of these operations were small

businesses with a gross cash value of

less than $500,000. There were about

112,700 bison held as livestock in the

United States, valued at about $169

million, on 1,150 premises.

The U.S. cattle industry plays a very

significant role in international trade. In

1999, the total earnings from exports of

live cattle, beef, and veal were

approximately $2.8 billion. The U.S.

competitiveness in international

markets depends to a great degree upon

its reputation for producing high-quality

animals, a reputation that would be

enhanced if bovine tuberculosis were

eradicated in this country. The product,

as well as purchasers’ perceptions of

quality, contributes to continued world

market acceptance. Thus, efforts to

maintain an effective tuberculosis

program, to clarify the regulations, and

to secure the health of the cattle

industry will continue to serve the best

economic interests of the Nation.

Currently, with regard to tuberculosis

State or zone classifications for cattle

and bison, there are 47 accredited-free

States, plus Puerto Rico and the U.S.

Virgin Islands. As a result of this rule,

one modified accredited State (New

Mexico) will become accredited-free,

bringing the total to 48 States that are

accredited free. A currently modified

accredited State (Texas) will be

classified as modified accredited

advanced. Michigan, which we

classified as nonmodified accredited in

our June 22, 2000, interim rule, will be

classified as modified accredited in this

final rule. According to the testing

requirements in this final rule, only

Texas will be likely to be affected by

this rule. However, Michigan was

affected by the June 22, 2000, interim

rule, and we discuss that effect as part

of this analysis.

The primary difference among the

restrictions on interstate movement

from the different proposed

classifications is how many, if any,

tuberculin tests with negative results the

animal must have to be moved

interstate. The same test is used for

cattle and bison (and cervids, as

discussed below). For movement from a

modified accredited advanced State

(Texas), sexually intact cattle and bison

not from an accredited herd will be

required to have one negative test before

they can be moved interstate and will be

required to be officially identified. For

movement from a modified accredited

State (Michigan), sexually intact

animals not from an accredited herd

will be required to have one negative

whole herd test and one negative

individual test and be officially

identified, while sexually intact heifers

moved to an approved feedlot, steers,

and spayed heifers will need just one

test and will be required to be either

officially identified or identified by

premises of origin identification.

In Texas, as of January 1999, there

were about 153,000 cattle herds with

14.9 million cattle, valued at $7.1

billion. (In addition, there were, in

Texas, 40 operations with bison, with a

total of 1,370 animals.) Of the cattle,

close to 77 percent (11,439,800) would

require testing for tuberculosis under

this rule if they were moved interstate.

This number includes sexually intact

cattle, other than sexually intact heifers

moved to approved feedlots (which may

move interstate without testing).

However, of the total number of cattle

that would require testing if moved

interstate, only about 10 percent are

likely to be moved interstate. Thus, the

total number of cattle from Texas likely

to require testing annually is 1,143,980.

In Michigan, as of January 1999, there

were about 15,500 cattle herds with

1,050,000 cattle, valued at $809 million.

(In addition, there were, in Michigan, 50

operations with bison, with a total of

2,984 animals.) Of the cattle, those that

would require testing if they were

moved interstate include all animals,

except for those moved directly to

slaughter and those from an accredited

herd, which constitute a negligible

percentage of the total number of cattle

in the State. Of the animals that would

require testing if moved interstate, only

about 10 percent (105,000) are likely to

be moved interstate. To be moved

interstate, each of those animals will

require an individual tuberculosis test

with negative results. Additionally, of

the animals to be moved interstate, an

estimated 79,900 will be sexually intact

animals that are not from an accredited

herd and are not sexually intact heifers

moved to an approved feedlot. Under

this rule, in addition to requiring an

individual test, these animals may not

be moved interstate unless they

originate in a herd that was classified

negative to a whole herd test within 1

year prior to the date of interstate

movement. Based on an average herd

size in Michigan of approximately 89

animals per herd, approximately 1,180

herds would need to undergo a whole

herd test under this final rule.

The cost of tuberculin testing for an

average-sized herd of 89 animals is

$380. The approximate per-animal

testing cost is $4.30, compared to an

average sale value of approximately

$600 for a head of cattle and $1,500 for

a bison. Additionally, the cost of official

identification by applying an eartag is

about $0.50 per head. The final cost of

testing and identification will vary

depending on the size of the herd. The

total cost will then be dependent on the

number of animals that will be moved

interstate and thus be required to be

tested and identified.

Applying the unit testing and

identification costs to the number of

animals that are likely to be moved

interstate and that require testing and

identification yields the approximate

economic effect of this rule. In Texas,

the testing and identification cost is

projected to be approximately

$4,919,000 annually [(1,143,980 animals

× $4.30) + (1,143,980 × $0.50)]. In

Michigan, the testing cost is projected to

be approximately $899,900 annually

(the total of 105,000 individual animal

tests × $4.30 and 1,180 whole herd tests

× $380). The identification cost is

projected to be approximately $52,500

(105,000 animals × $0.50), for a total

testing and identification cost in

Michigan of $952,400. These costs are

relatively small when compared to the

total size and significance of the cattle

and bison industry in each of the two

States and in the United States overall.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63517

Captive Cervids

This rule also establishes five risk

classifications for States and zones with

regard to captive cervids. The

classifications are the same as those

established for cattle and bison, but a

State’s or zone’s classification for

captive cervids will not necessarily be

the same as its classification for cattle

and bison. According to this

classification system, all States (and

Puerto Rico and the U.S. Virgin Islands)

will be modified accredited. Fewer than

10 percent of captive cervids are moved

interstate. Those not moved interstate

will not be subject to this rule. Under

this rule, owners of captive cervids to be

moved interstate will be able to move

their animals according to the less

restrictive of either the animals’ herd

status under the current regulations or

the State or zone status in this final rule.

Because of this option, this rule is not

expected to have a direct economic

effect on owners of captive cervids, with

one possible exception. Under the

current regulations, captive cervids from

an ‘‘unclassified’’ herd may be moved

interstate after testing negative to two

individual tuberculosis tests. Under this

rule, the option of moving captive

cervids interstate from an unclassified

herd after two negative tests will no

longer exist, and such cervids moved

interstate will be required to meet the

movement conditions for the status of

the State or zone from which they

originate. In Michigan, those captive

cervids, in addition to testing negative

to one individual tuberculosis test,

would need to originate from herds that

have tested negative to a whole herd test

conducted within 1 year prior to the

date of interstate movement of the

cervids.

In Michigan, there are about 18,800

captive cervids on 720 premises. An

estimated 11,280 of these animals are in

unclassified herds. Of these,

approximately 10 percent, or 1,128, are

likely to be moved interstate. Thus, the

cost of individually testing each of the

captive cervids is projected to be about

$4,850 (1,128 × $4.30). The cost of

testing the herds from which the

animals originate is projected to be

about $5,060 (44 herds × $115 average

cost for herd testing). The cost of

identifying the captive cervids is

projected to be about $564 (1,128 ×

$0.50). Therefore, the projected total

cost this rule will impose on the

interstate movement of captive cervids

from Michigan is $10,474, compared to

an approximate value of the cervid

industry in Michigan of $31.8 million.

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 final 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

In accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.), the information collection or

recordkeeping requirements included in

this rule have been approved by the

Office of Management and Budget

(OMB) under OMB control number

0579–0146.

List of Subjects in 9 CFR Part 77

Animal diseases, Bison, Cattle,

Incorporation by reference, Reporting

and recordkeeping requirements,

Transportation, Tuberculosis.

Accordingly, we are revising 9 CFR

part 77 to read as follows:

PART 77—TUBERCULOSIS

Subpart A—General Provisions

Sec.

77.1 Material incorporated by reference.

77.2 Definitions.

77.3 Tuberculosis classifications of States

and zones.

77.4 Application for and retention of zones.

Subpart B—Cattle and Bison

77.5 Definitions.

77.6 Applicability of this subpart.

77.7 Accredited-free States or zones.

77.8 Interstate movement from accreditedfree States and zones.

77.9 Modified accredited advanced States

or zones.

77.10 Interstate movement from modified

accredited advanced States and zones.

77.11 Modified accredited States or zones.

77.12 Interstate movement from modified

accredited States and zones.

77.13 Accreditation preparatory States or

zones.

77.14 Interstate movement from

accreditation preparatory States and

zones.

77.15 Nonaccredited States or zones.

77.16 Interstate movement from

nonaccredited States and zones.

77.17 Interstate movement of cattle and

bison that are exposed, reactors, or

suspects, or from herds containing

suspects.

77.18 Other movements.

77.19 Cleaning and disinfection of

premises, conveyances, and materials.

Subpart C—Captive Cervids

77.20 Definitions.

77.21 Applicability of this subpart.

77.22 Accredited-free States or zones.

77.23 Interstate movement from accreditedfree States and zones.

77.24 Modified accredited advanced States

or zones.

77.25 Interstate movement from modified

accredited advanced States and zones.

77.26 Modified accredited States or zones.

77.27 Interstate movement from modified

accredited States and zones.

77.28 Accreditation preparatory States or

zones.

77.29 Interstate movement from

accreditation preparatory States and

zones.

77.30 Nonaccredited States or zones.

77.31 Interstate movement from

nonaccredited States and zones.

77.32 General restrictions.

77.33 Testing procedures for tuberculosis in

captive cervids.

77.34 Official tuberculosis tests.

77.35 Interstate movement from accredited

herds.

77.36 Interstate movement from qualified

herds.

77.37 Interstate movement from monitored

herds.

77.38 Interstate movement from herds that

are not accredited, qualified, or

monitored.

77.39 Other interstate movements.

77.40 Procedures for and interstate

movement to necropsy and slaughter.

77.41 Cleaning and disinfection of

premises, conveyances, and materials.

Authority: 21 U.S.C. 111, 114, 114a, 115–

117, 120, 121, 134b, and 134f; 7 CFR 2.22,

2.80, and 371.4.

Subpart A—General Provisions

§ 77.1 Material incorporated by reference.

Uniform Methods and Rules—Bovine

Tuberculosis Eradication. The Uniform

Methods and Rules—Bovine

Tuberculosis Eradication (January 22,

1999, edition) has been approved for

incorporation by reference into the Code

of Federal Regulations by the Director of

the Federal Register in accordance with

5 U.S.C. 552(a) and 1 CFR part 51.

(a) The procedures specified in the

Uniform Methods and Rules—Bovine

Tuberculosis Eradication (January 22,

1999, edition) must be followed for the

interstate movement of certain animals

regulated under this part.

(b) Availability. Copies of the Uniform

Methods and Rules—Bovine

Tuberculosis Eradication:

63518 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

(1) Are available for inspection at the

Office of the Federal Register Library,

800 North Capitol Street NW., Suite 700,

Washington, DC;

(2) Are available for inspection at the

APHIS reading room, room 1141, USDA

South Building, 14th Street and

Independence Avenue, SW.,

Washington, DC; or

(3) May be obtained from the National

Animal Health Programs, Veterinary

Services, APHIS, 4700 River Road Unit

43, Riverdale, MD 20737–1231.

§ 77.2 Definitions.

As used in this part, the following

terms shall have the meanings set forth

in this section except as otherwise

specified.

Accredited veterinarian. A

veterinarian approved by the

Administrator in accordance with the

provisions of part 161 of subchapter J to

perform functions specified in

subchapters B, C, and D of this chapter.

Administrator. The Administrator,

Animal and Plant Health Inspection

Service, or any person authorized to act

for the Administrator.

Animal. All species of animals except

man, birds, or reptiles.

Animal and Plant Health Inspection

Service (APHIS). The Animal and Plant

Health Inspection Service of the United

States Department of Agriculture.

APHIS representative. An individual

employed by APHIS who is authorized

to perform the function involved.

Area veterinarian in charge. The

veterinary official of APHIS who is

assigned by the Administrator to

supervise and perform the official

animal health work of APHIS in the

State concerned.

Certificate. An official document

issued by an APHIS representative, a

State representative, or an accredited

veterinarian at the point of origin of a

shipment of livestock to be moved

under this part, which shows the

identification tag, tattoo, or registration

number or similar identification of each

animal to be moved; the number, breed,

sex, and approximate age of the animals

covered by the document; the purpose

for which the animals are to be moved;

the date and place of issuance; the

points of origin and destination; the

consignor and the consignee; and which

states that the animal or animals

identified on the certificate meet the

requirements of this part.

Cooperating State and Federal animal

health officials. The State and Federal

animal health officials responsible for

overseeing and implementing the

National Cooperative State/Federal

Bovine Tuberculosis Eradication

Program.

Depopulate. To destroy all livestock

in a herd by slaughter or by death

otherwise.

Designated tuberculosis

epidemiologist (DTE). A State or Federal

epidemiologist designated by the

Administrator to make decisions

concerning the use and interpretation of

diagnostic tests for tuberculosis and the

management of tuberculosis affected

herds. A DTE has the responsibility to

determine the scope of epidemiologic

investigations, determine the status of

animals and herds, assist in the

development of individual herd plans,

and coordinate disease surveillance and

eradication programs within the

geographic area of the DTE’s

responsibility.

Epidemiologic investigation. An

investigation that is conducted by a

State in conjunction with APHIS

representatives, in which an official test

for tuberculosis is conducted on all

livestock in any tuberculosis-affected

herd in a State or zone, all livestock in

any herd into which livestock from the

affected herd have been moved, all

potential tuberculosis source herds, and

all livestock herds and animals that are

likely to have been exposed to the

affected herd.

Herd. Except for livestock assembled

at feedlots, any group of livestock

maintained on common ground for any

purpose, or two or more groups of

livestock under common ownership or

supervision, geographically separated

but that have an interchange or

movement of livestock without regard to

health status, as determined by the

Administrator. (A group means one or

more animals.)

Interstate. From one State into or

through any other State.

Livestock. Cattle, bison, cervids,

swine, dairy goats, and other hoofed

animals (such as llamas, alpacas, and

antelope) raised or maintained in

captivity for the production of meat and

other products, for sport, or for

exhibition, as well as previously freeranging cervids that are captured,

identified, and moved interstate.

Moved. Shipped, transported, or

otherwise moved, or delivered or

received for movement.

Moved directly. Moved without

stopping or unloading at livestock

assembly points of any type. Livestock

being moved directly may be unloaded

from the means of conveyance while en

route only with permission of the State

animal health official and only if the

animals are isolated so that they cannot

mingle with any livestock other than

those with which they are being

shipped.

Official eartag. An eartag approved by

the Administrator as providing unique

identification for each individual

animal by conforming to the alphanumeric National Uniform Eartagging

System.

Official seal. A seal issued by a State

or APHIS representative, consisting of a

serially numbered, metal or plastic strip,

with a self-locking device on one end

and a slot on the other end, which forms

a loop when the ends are engaged and

that cannot be reused if opened, or a

serially numbered, self-locking button

that can be used for this purpose.

Officially identified. Identified by

means of an official eartag or by means

of an individual tattoo or hot brand that

provides unique identification for each

animal.

Person. Any individual, corporation,

company, association, firm, partnership,

society, joint stock company, or other

legal entity.

Premises of origin identification.

Either an APHIS-approved eartag or

tattoo bearing the premises of origin

identification code that consists of the

State postal abbreviation followed by a

unique number or name assigned by a

State or Federal animal health official to

the premises on which the animals

originated that, in the judgment of the

State animal health official or area

veterinarian in charge, is

epidemiologically distinct from other

premises; or a brand registered with an

official brand registry.

State. Any State, the District of

Columbia, Puerto Rico, or any territory

of the United States.

State animal health official. The State

official responsible for livestock and

poultry disease control and eradication

programs.

State representative. A veterinarian or

other person employed in livestock

sanitary work of a State or a political

subdivision of a State and who is

authorized by such State or political

subdivision of a State to perform the

function involved under a

memorandum of understanding with

APHIS.

Transportation document. Any

document accompanying the interstate

movement of livestock, such as an

owner’s statement, manifest, switch

order, or vehicle record, on which is

stated the point from which the animals

are moved interstate, the destination of

the animals, the number of animals

covered by the document, and the name

and address of the owner or shipper.

Tuberculosis. The contagious,

infectious, and communicable disease

caused by Mycobacterium bovis. (Also

referred to as bovine tuberculosis.)

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63519

Zone. A defined geographic land area

identifiable by geological, political,

manmade, or surveyed boundaries, with

mechanisms of disease spread,

epidemiological characteristics, and the

ability to control the movement of

animals across the boundaries of the

zone taken into account.

§ 77.3 Tuberculosis classifications of

States and zones.

The Administrator shall classify each

State for tuberculosis in accordance

with this part. A zone comprising less

than an entire State will be given a

particular classification upon request of

the State only if the Administrator

determines that:

(a) The State meets the requirements

of this part for establishment of zones;

(b) The State has adopted and is

enforcing regulations that impose

restrictions on the intrastate movement

of cattle, bison, and captive cervids that

are substantially the same as those in

place under this part for the interstate

movement of cattle, bison, and captive

cervids; and

(c) The designation of part of a State

as a zone will otherwise be adequate to

prevent the interstate spread of

tuberculosis.

§ 77.4 Application for and retention of

zones.

(a) A State animal health official may

request at any time that the

Administrator designate part of a State

as having a different tuberculosis

classification under this part than the

rest of the State. The requested zones

must be delineated by the State animal

health authorities, subject to approval

by the Administrator. The request from

the State must demonstrate that the

State complies with the following

requirements:

(1) The State must have the legal and

financial resources to implement and

enforce a tuberculosis eradication

program and must have in place an

infrastructure, laws, and regulations that

require and ensure that State and

Federal animal health authorities are

notified of tuberculosis cases in

domestic livestock or outbreaks in

wildlife;

(2) The State in which the intended

zones are located must maintain, in

each intended zone, clinical and

epidemiologic surveillance of animal

species at risk of tuberculosis at a rate

that allows detection of tuberculosis in

the overall population of livestock at a

2 percent prevalence rate with 95

percent confidence. The designated

tuberculosis epidemiologist must review

reports of all testing for each zone

within the State within 30 days of the

testing; and

(3) The State must enter into a

memorandum of understanding with

APHIS in which the State agrees to

adhere to any conditions for zone

recognition particular to that request.

(b) Retention of APHIS recognition of

a zone is subject to annual review by the

Administrator. To retain recognition of

a zone, a State must continue to comply

with the requirements of paragraphs

(a)(1), (a)(2), and (a)(3) of this section, as

well as the requirements for maintaining

or improving the tuberculosis risk

classification of each zone in the State,

and must retain for at least 2 years all

certificates required under this part for

the movement of cattle, bison, and

captive cervids.

(Approved by the Office of Management and

Budget under control number 0579–0146)

Subpart B—Cattle and Bison

§ 77.5 Definitions.

As used in subpart B, the following

terms shall have the meanings set forth

in this section except as otherwise

specified.

Accreditation preparatory State or

zone. A State or zone that is or is part

of a State that has the authority to

enforce and complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and in which tuberculosis

is prevalent in less than 0.5 percent of

the total number of herds of cattle and

bison in the State or zone.

Accredited-free State or zone. A State

or zone that is or is part of a State that

has the authority to enforce and

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication,’’ has zero

percent prevalence of affected cattle and

bison herds, and has had no findings of

tuberculosis in any cattle or bison herds

in the State or zone for the previous 5

years. Except that: The requirement of

freedom from tuberculosis in herds is 2

years from the depopulation of the last

affected herd in States or zones that

were previously accredited free and in

which all herds affected with

tuberculosis were depopulated, 3 years

in all other States or zones that have

depopulated all affected herds, and 3

years in States or zones that have

conducted surveillance that

demonstrates that other livestock herds

and wildlife are not at risk of being

infected with tuberculosis, as

determined by the Administrator based

on a risk assessment conducted by

APHIS.

Accredited herd. To establish or

maintain accredited herd status, the

herd owner must comply with all of the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ regarding accredited herds.

All cattle and bison in a herd must be

free from tuberculosis.

Affected herd. A herd in which

tuberculosis has been disclosed in any

cattle or bison by an official tuberculin

test or by post mortem examination.

Approved feedlot. A confined area

approved jointly by the State animal

health official and the Administrator for

feeding cattle and bison for slaughter,

with no provisions for pasturing or

grazing.

Approved slaughtering establishment.

A slaughtering establishment operating

under the provisions of the Federal

Meat Inspection Act (21 U.S.C. 601 et

seq.) or a State-inspected slaughtering

establishment that has inspection by a

State inspector at the time of slaughter.

Cattle and bison not known to be

affected. All cattle and bison except

those originating from tuberculosis

affected herds or from herds containing

tuberculosis suspect cattle or bison.

Department. The U.S. Department of

Agriculture (USDA).

Exposed cattle and bison. Cattle and

bison, except reactor cattle and bison,

that are part of an affected herd.

Feedlot. A facility for congregating

finished fed cattle prior to their being

shipped to slaughter.

Finished fed cattle. Cattle fattened on

a ration of feed concentrates to reach a

slaughter condition equivalent to that

which would be attained on full feed

with a high concentrate grain ration for

90 days.

Modified accredited advanced State

or zone. A State or zone that is or is part

of a State that has the authority to

enforce and complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and in which tuberculosis

has been prevalent in less than 0.01

percent of the total number of herds of

cattle and bison in the State or zone for

each of the most recent 2 years. Except

that: The Administrator, upon his or her

review, may allow a State or zone with

fewer than 30,000 herds to have up to

3 affected herds for each of the most

recent 2 years, depending on the

veterinary infrastructure, livestock

demographics, and tuberculosis control

and eradication measures in the State or

zone.

Modified accredited State or zone. A

State or zone that is or is part of a State

that has the authority to enforce and

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ and in which

tuberculosis has been prevalent in less

63520 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

than 0.1 percent of the total number of

herds of cattle and bison in the State or

zone for the most recent year. Except

that: The Administrator, upon his or her

review, may allow a State or zone with

fewer than 10,000 herds to have up to

10 affected herds for the most recent

year, depending on the veterinary

infrastructure, livestock demographics,

and tuberculosis control and eradication

measures in the State or zone.

Negative cattle and bison. Cattle and

bison that are classified negative for

tuberculosis in accordance with the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication,’’ based on the

results of an official tuberculin test.

Nonaccredited State or zone. A State

or zone that is or is part of a State that

does not meet the standards of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ or in which

tuberculosis is prevalent in 0.5 percent

or more of the total number of herds of

cattle and bison in the State or zone.

Official tuberculin test. Any test for

tuberculosis conducted on cattle or

bison in accordance with the ‘‘Uniform

Methods and Rules—Bovine

Tuberculosis Eradication.’’

Permit. An official document issued

for movement of cattle or bison under

this part by an APHIS representative,

State representative, or an accredited

veterinarian at the point of origin of a

shipment of cattle or bison to be moved

directly to slaughter, that shows the

tuberculosis status of each animal

(reactor, suspect, or exposed), the eartag

number of each animal and the name of

the owner of such animal, the

establishment to which the animals are

to be moved, the purpose for which the

animals are to be moved, and that they

are eligible for such movement under

the applicable provisions of §§ 77.17

and 77.18.

Quarantined feedlot. A confined area

under the direct supervision and control

of a State livestock official who shall

establish procedures for the accounting

of all livestock entering or leaving the

area. The quarantined feedlot shall be

maintained for finish feeding of

livestock in drylot with no provision for

pasturing and grazing. All livestock

leaving such feedlot must only move

directly to slaughter in accordance with

established procedures for handling

quarantined livestock.

Reactor cattle and bison. Cattle and

bison that are classified as reactors for

tuberculosis in accordance with the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication.’’

Suspect cattle and bison. Cattle and

bison that are classified as suspects for

tuberculosis in accordance with the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication.’’

Uniform Methods and Rules—Bovine

Tuberculosis Eradication. Uniform

methods and rules for eradicating

bovine tuberculosis in the United States,

approved by APHIS on January 22,

1999, which is incorporated by

reference at § 77.1.

Whole herd test. An official

tuberculin test of all cattle and bison in

a herd that are 12 months of age or

older, and of all cattle and bison in the

herd that are less than 12 months of age

and were not born into the herd, except

those cattle and bison that are less than

12 months of age and were born in and

originated from an accredited herd.

Zero percent prevalence. No finding

of tuberculosis in any cattle, bison, or

goat herd in a State or zone.

§ 77.6 Applicability of this subpart.

All references in this subpart to the

tuberculosis status of States and zones

pertain to such status for cattle and

bison only.

§ 77.7 Accredited-free States or zones.

(a) The following are accredited-free

States: Alabama, Alaska, Arizona,

Arkansas, California, Colorado,

Connecticut, Delaware, Florida, Georgia,

Hawaii, Idaho, Illinois, Indiana, Iowa,

Kansas, Kentucky, Louisiana, Maine,

Maryland, Massachusetts, Minnesota,

Mississippi, Missouri, Montana,

Nebraska, Nevada, New Hampshire,

New Jersey, New Mexico, New York,

North Carolina, North Dakota, Ohio,

Oklahoma, Oregon, Pennsylvania,

Puerto Rico, Rhode Island, South

Carolina, South Dakota, Tennessee,

Utah, Vermont, Virginia, the Virgin

Islands of the United States,

Washington, West Virginia, Wisconsin,

and Wyoming.

(b) The following are accredited-free

zones: None.

(c) If an affected herd is detected in

a State or zone classified as accreditedfree, and the herd is depopulated and an

epidemiologic investigation is

completed within 90 days of the

detection of the affected herd with no

evidence of the spread of tuberculosis,

the State or zone may retain its

accredited-free status. If two or more

affected herds are detected in an

accredited-free State or zone within a

48-month period, the State or zone will

be removed from the list of accreditedfree States or zones and will be

reclassified as modified accredited

advanced.

(d) If any livestock other than cattle or

bison are included in a newly

assembled herd on a premises where a

tuberculous herd has been depopulated,

the State or zone must apply the herd

test requirements contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (January 22,

1999, edition), which is incorporated by

reference at § 77.1, to those other

livestock in the same manner as to cattle

and bison. Failure to do so will result

in reclassification of the State or zone as

modified accredited advanced.

(e) If tuberculosis is diagnosed within

an accredited-free State or zone in an

animal not specifically regulated by this

part and a risk assessment conducted by

APHIS determines that the outbreak

poses a tuberculosis risk to livestock

within the State or zone, the State or

zone must implement a tuberculosis

management plan, approved jointly by

the State animal health official and the

Administrator, within 6 months of the

diagnosis. The management plan must

include provisions for immediate

investigation of tuberculosis in animals

held for exhibition and in livestock and

wildlife; the prevention of the spread of

the disease to other animals held for

exhibition and to livestock and wildlife;

increased surveillance for tuberculosis

in animals held for exhibition and

wildlife; eradication of tuberculosis

from individual herds; a timeline for

tuberculosis eradication; and

performance standards by which to

measure yearly progress toward

eradication. If a State or zone does not

implement such a plan within the

required 6 months, the State or zone

will lose its accredited-free status and

will be reclassified as modified

accredited advanced.

(f) Accredited-free State or zone status

must be renewed annually. To qualify

for renewal of accredited-free State or

zone status, a State must submit an

annual report to APHIS certifying that

the State or zone within the State

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication.’’ The report

must be submitted to APHIS each year

between October 1 and November 30.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.8 Interstate movement from

accredited-free States and zones.

Cattle or bison that originate in an

accredited-free State or zone may be

moved interstate without restriction.

§ 77.9 Modified accredited advanced

States or zones.

(a) The following are modified

accredited advanced States: Texas.

(b) The following are modified

accredited zones: None.

(c) If any livestock other than cattle or

bison are included in a newly

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63521

assembled herd on a premises where a

tuberculous herd has been depopulated,

the State or zone must apply the herd

test requirements contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (January 22,

1999), which is incorporated by

reference at § 77.1, for such newly

assembled herds to those other livestock

in the same manner as to cattle and

bison. Failure to do so will result in the

removal of the State or zone from the

list of modified accredited advanced

States or zones and its being reclassified

as modified accredited.

(d) If tuberculosis is diagnosed within

a modified accredited advanced State or

zone in an animal not specifically

regulated by this part and a risk

assessment conducted by APHIS

determines that the outbreak poses a

tuberculosis risk to livestock within the

State or zone, the State or zone must

implement a tuberculosis management

plan, approved jointly by the State

animal health official and the

Administrator, within 6 months of the

diagnosis. The management plan must

include provisions for immediate

investigation of tuberculosis in animals

held for exhibition and in livestock and

wildlife; the prevention of the spread of

the disease to other animals held for

exhibition and to livestock and wildlife;

increased surveillance for tuberculosis

in animals held for exhibition and

wildlife; eradication of tuberculosis

from individual herds; a timeline for

tuberculosis eradication; and

performance standards by which to

measure yearly progress toward

eradication. If a State or zone does not

implement such a plan within the

required 6 months, the State or zone

will be reclassified as modified

accredited.

(e) Modified accredited advanced

State or zone status must be renewed

annually. To qualify for renewal of a

modified accredited advanced State or

zone status, a State must submit an

annual report to APHIS certifying that

the State or zone complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication.’’ The report must be

submitted to APHIS each year between

October 1 and November 30.

(f) To qualify for accredited-free

status, a modified accredited advanced

State or zone must demonstrate to the

Administrator that it complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication,’’ has zero percent

prevalence of affected cattle and bison

herds, and has had no findings of

tuberculosis in any cattle or bison in the

State or zone for the previous 5 years.

Except that: The requirement of freedom

from tuberculosis is 2 years from the

depopulation of the last affected herd in

States or zones that were previously

accredited free and in which all herds

affected with tuberculosis were

depopulated, 3 years in all other States

or zones that have depopulated all

affected herds, and 3 years in States or

zones that have conducted surveillance

that demonstrates that other livestock

herds and wildlife are not at risk of

being infected with tuberculosis, as

determined by the Administrator based

on a risk assessment conducted by

APHIS.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.10 Interstate movement from modified

accredited advanced States and zones.

Cattle or bison that originate in a

modified accredited advanced State or

zone, and that are not known to be

infected with or exposed to

tuberculosis, may be moved interstate

only under one of the following

conditions:

(a) The cattle or bison are moved

directly to slaughter at an approved

slaughtering establishment.

(b) The cattle or bison are sexually

intact heifers moved to an approved

feedlot, or are steers or spayed heifers;

and are either officially identified or

identified by premises of origin

identification.

(c) The cattle or bison are from an

accredited herd and are accompanied by

a certificate stating that the accredited

herd completed the testing necessary for

accredited status with negative results

within 1 year prior to the date of

movement.

(d) The cattle or bison are sexually

intact animals; are not from an

accredited herd; are officially identified;

and are accompanied by a certificate

stating that they were negative to an

official tuberculin test conducted within

60 days prior to the date of movement.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.11 Modified accredited States or

zones.

(a) The following are modified

accredited States: None.

(b) The following are modified

accredited zones: None.

(c) If any livestock other than cattle or

bison are included in a newly

assembled herd on a premises where a

tuberculous herd has been depopulated,

the State or zone must apply the herd

test requirements contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (January 22,

1999, edition), which is incorporated by

reference at § 77.1, for such newly

assembled herds to those other livestock

in the same manner as to cattle and

bison. Failure to do so will result in the

removal of the State or zone from the

list of modified accredited States or

zones and its being reclassified as

accreditation preparatory.

(d) If tuberculosis is diagnosed within

a modified accredited State or zone in

an animal not specifically regulated by

this part and a risk assessment

conducted by APHIS determines that

the outbreak poses a tuberculosis risk to

livestock within the State or zone, the

State or zone must implement a

tuberculosis management plan,

approved jointly by the State animal

health official and the Administrator,

within 6 months of the diagnosis. The

management plan must include

provisions for immediate investigation

of tuberculosis in animals held for

exhibition and in livestock and wildlife;

the prevention of the spread of the

disease to other animals held for

exhibition and to livestock and wildlife;

increased surveillance for tuberculosis

in animals held for exhibition and

wildlife; eradication of tuberculosis

from individual herds; a timeline for

tuberculosis eradication; and

performance standards by which to

measure yearly progress toward

eradication. If a State or zone does not

implement such a plan within the

required 6 months, the State or zone

will be reclassified as accreditation

preparatory.

(e) Modified accredited State or zone

status must be renewed annually. To

qualify for renewal of a modified

accredited State or zone status, a State

must submit an annual report to APHIS

certifying that the State or zone

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication.’’ The report

must be submitted to APHIS each year

between October 1 and November 30.

(f) To qualify for modified accredited

advanced status, a modified accredited

State or zone must demonstrate to the

Administrator that it complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and that tuberculosis has

been prevalent in less than 0.01 percent

of the total number of herds of cattle

and bison in the State or zone for the

most recent 2 years. Except that: The

Administrator, upon his or her review,

may allow a State or zone with fewer

than 30,000 herds to have up to 3

affected herds for each of the most

recent 2 years, depending on the

veterinary infrastructure, livestock

demographics, and tuberculosis control

63522 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

and eradication measures in the State or

zone.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.12 Interstate movement from modified

accredited States and zones.

Cattle or bison that originate in a

modified accredited State or zone, and

that are not known to be infected with

or exposed to tuberculosis, may be

moved interstate only under one of the

following conditions:

(a) The cattle or bison are moved

directly to slaughter at an approved

slaughtering establishment.

(b) The cattle or bison are sexually

intact heifers moved to an approved

feedlot, or are steers or spayed heifers;

are either officially identified or

identified by premises of origin

identification; and are accompanied by

a certificate stating that they were

classified negative to an official

tuberculin test conducted within 60

days prior to the date of movement.

(c) The cattle or bison are from an

accredited herd and are accompanied by

a certificate stating that the accredited

herd completed the testing necessary for

accredited status with negative results

within 1 year prior to the date of

movement.

(d) The cattle or bison are sexually

intact animals; are not from an

accredited herd; are officially identified;

and are accompanied by a certificate

stating that the herd from which they

originated was negative to a whole herd

test conducted within 1 year prior to the

date of movement and that the

individual animals to be moved were

negative to an additional official

tuberculin test conducted within 60

days prior to the date of movement,

except that the additional test is not

required if the animals are moved

interstate within 6 months following the

whole herd test.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.13 Accreditation preparatory States or

zones.

(a) The following are accreditation

preparatory States: None.

(b) The following are accreditation

preparatory zones: None.

(c) If any livestock other than cattle or

bison are included in a newly

assembled herd on a premises where a

tuberculous herd has been depopulated,

the State or zone must apply the herd

test requirements contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (January 22,

1999 edition), which is incorporated by

reference at § 77.1, for such newly

assembled herds to those other livestock

in the same manner as to cattle and

bison. Failure to do so will result in the

removal of the State or zone from the

list of accreditation preparatory States

or zones and its being reclassified as

nonaccredited.

(d) If tuberculosis is diagnosed within

an accreditation preparatory State or

zone in an animal not specifically

regulated by this part and a risk

assessment conducted by APHIS

determines that the outbreak poses a

tuberculosis risk to livestock within the

State or zone, the State or zone must

implement a tuberculosis management

plan, approved jointly by the State

animal health official and the

Administrator, within 6 months of the

diagnosis. The management plan must

include provisions for immediate

investigation of tuberculosis in animals

held for exhibition and in livestock and

wildlife; the prevention of the spread of

the disease to other animals held for

exhibition and to livestock and wildlife;

increased surveillance for tuberculosis

in animals held for exhibition and

wildlife; eradication of tuberculosis

from individual herds; a timeline for

tuberculosis eradication; and

performance standards by which to

measure yearly progress toward

eradication. If a State or zone does not

implement such a plan within the

required 6 months, the State or zone

will be reclassified as nonaccredited.

(e) Accreditation preparatory State or

zone status must be renewed annually.

To qualify for renewal of accreditation

preparatory State or zone status, a State

must submit an annual report to APHIS

certifying that the State or zone

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication.’’ The report

must be submitted to APHIS each year

between October 1 and November 30.

(f) To qualify for modified accredited

status, an accreditation preparatory

State or zone must demonstrate to the

Administrator that it complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and that tuberculosis has

been prevalent in less than 0.1 percent

of the total number of herds of cattle

and bison in the State or zone for the

most recent year. Except that: The

Administrator, upon his or her review,

may allow a State or zone with fewer

than 10,000 herds to have up to 10

affected herds for the most recent year,

depending on the veterinary

infrastructure, livestock demographics,

and tuberculosis control and eradication

measures in the State or zone.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.14 Interstate movement from

accreditation preparatory States and zones.

Cattle or bison that originate in an

accreditation preparatory State or zone,

and that are not known to be infected

with or exposed to tuberculosis, may be

moved interstate only under one of the

following conditions:

(a) The cattle or bison are moved

directly to slaughter at an approved

slaughtering establishment.

(b) The cattle or bison are sexually

intact heifers moved to an approved

feedlot, or are steers or spayed heifers;

are officially identified or identified by

a premises of origin identification; and

are accompanied by a certificate stating

that the herd from which they

originated was negative to a whole herd

test conducted within 1 year prior to the

date of movement and that the

individual animals to be moved were

negative to an additional official

tuberculin test conducted within 60

days prior to the date of movement,

except that the additional test is not

required if the animals are moved

interstate within 6 months following the

whole herd test.

(c) The cattle or bison are from an

accredited herd; are officially identified;

and are accompanied by a certificate

stating that the accredited herd

completed the testing necessary for

accredited status with negative results

within 1 year prior to the date of

movement and that the animals to be

moved were negative to an official

tuberculin test conducted within 60

days prior to the date of movement.

(d) The cattle or bison are sexually

intact animals; are not from an

accredited herd; are officially identified;

and are accompanied by a certificate

stating that the herd from which they

originated was negative to a whole herd

test conducted within 1 year prior to the

date of movement and that the

individual animals to be moved were

negative to two additional official

tuberculin tests conducted at least 60

days apart and no more than 6 months

apart, with the second test conducted

within 60 days prior to the date of

movement, except that the second

additional test is not required if the

animals are moved interstate within 6

months following the whole herd test.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.15 Nonaccredited States or zones.

(a) The following are nonaccredited

States: None.

(b) The following are nonaccredited

zones: None.

(c) To qualify for accreditation

preparatory status, a nonaccredited

State or zone must demonstrate to the

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63523

Administrator that it complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and that tuberculosis is

prevalent in less than 0.5 percent of the

total number of herds of cattle and bison

in the State or zone.

§ 77.16 Interstate movement from

nonaccredited States and zones.

Cattle or bison that originate in a

nonaccredited State or zone, and that

are not known to be infected with or

exposed to tuberculosis, may be moved

interstate only if the cattle or bison are

accompanied by VS Form 1–27 and are

moved interstate for slaughter in an

officially sealed means of conveyance

directly to an approved slaughtering

establishment.

§ 77.17 Interstate movement of cattle and

bison that are exposed, reactors, or

suspects, or from herds containing

suspects.

(a) Reactor cattle and bison. Cattle or

bison that have been classified as

reactor cattle or bison may be moved

interstate only if they are moved

directly to slaughter at an approved

slaughtering establishment and only in

accordance with the following

conditions:

(1) Reactor cattle and bison must be

individually identified by attaching to

the left ear an approved metal eartag

bearing a serial number and the

inscription ‘‘U.S. Reactor,’’ or a similar

State reactor tag, and must be:

(i) Branded with the letter ‘‘T,’’ at

least 5 by 5 centimeters (2 by 2 inches)

in size, high on the left hip near the

tailhead; or

(ii) Permanently identified with the

letters ‘‘TB’’ tattooed legibly in the left

ear and sprayed with yellow paint on

the left ear and either accompanied

directly to slaughter by an APHIS or

State representative or moved directly to

slaughter in vehicles closed with official

seals. Such official seals must be

applied and removed by an APHIS

representative, State representative,

accredited veterinarian, or an individual

authorized for this purpose by an APHIS

representative.

(2) The reactor cattle or bison must be

accompanied by a permit; and

(3) The reactor cattle or bison may not

be moved interstate in a means of

conveyance containing any animals

susceptible to tuberculosis unless all of

the animals are being moved directly to

slaughter; and

(4) Any person who moves reactor

cattle or bison interstate under this

paragraph must plainly write or stamp

upon the face of the transportation

document the words ‘‘Tuberculin

Reactor’’ and the following statement:

‘‘This conveyance must be cleaned and

disinfected in accordance with 9 CFR

77.17(a)(5).’’; and

(5) Each means of conveyance in

which reactor cattle or bison have been

transported interstate under this

paragraph must be cleaned and

disinfected by the carrier, in accordance

with the provisions of §§ 71.6, 71.7, and

71.10 of this subchapter, under the

supervision of an APHIS representative

or State representative or an accredited

veterinarian or other person designated

by the Administrator. If, at the point

where the cattle or bison are unloaded,

such supervision or proper cleaning and

disinfecting facilities are not available,

and permission is obtained from an

APHIS representative or State

representative, the empty means of

conveyance may be moved to a location

where such supervision and facilities

are available for cleaning and

disinfecting. Permission will be granted

if such movement does not present a

risk of disseminating tuberculosis.

(b) Exposed cattle and bison. Except

for the movement of exposed cattle to a

quarantined feedlot in accordance with

§ 50.16 of this chapter, exposed cattle or

bison may be moved interstate only if

they are moved directly to slaughter to

an approved slaughtering establishment

and only in accordance with the

following conditions:

(1) Exposed cattle and bison must be

individually identified by attaching to

either ear an approved metal eartag

bearing a serial number and must be:

(i) Branded with the letter ‘‘S,’’ at

least 5 by 5 centimeters (2 by 2 inches)

in size, high on the left hip near the

tailhead; or

(ii) Accompanied directly to slaughter

by an APHIS or State representative; or

(iii) Moved directly to slaughter in

vehicles closed with official seals. Such

official seals must be applied and

removed by an APHIS representative,

State representative, accredited

veterinarian, or an individual

authorized for this purpose by an APHIS

representative.

(2) The exposed cattle and bison must

be moved in accordance with

paragraphs (a)(2), (a)(3), and (a)(5) of

this section.

(c) Suspect cattle and bison. Suspect

cattle or bison from herds in which no

reactor cattle or bison have been

disclosed on an official tuberculin test,

as well as negative cattle or bison from

such herds, may be moved interstate

only if they are moved directly to

slaughter to an approved slaughtering

establishment.

(Approved by the Office of Management and

Budget under control number 0579–0051)

§ 77.18 Other movements.

The Administrator may, with the

concurrence of the State animal health

official of the State of destination, upon

request in specific cases, allow the

interstate movement of cattle or bison

not otherwise provided for in this part

that have not been classified as reactor

cattle or bison and are not otherwise

known to be affected with tuberculosis,

under such conditions as the

Administrator may prescribe in each

specific case to prevent the spread of

tuberculosis. The Administrator shall

promptly notify the appropriate State

animal health official of the State of

destination of any such action.

§ 77.19 Cleaning and disinfection of

premises, conveyances, and materials.

All conveyances and associated

equipment, premises, and structures

that are used for receiving, holding,

shipping, loading, unloading, and

delivering cattle or bison in connection

with their interstate movement and that

are determined by cooperating State and

Federal animal health officials to be

contaminated because of occupation or

use by tuberculous or reactor livestock

must be cleaned and disinfected under

the supervision of the cooperating State

or Federal animal health officials. Such

cleaning and disinfecting must be done

in accordance with procedures

approved by the cooperating State or

Federal animal health officials. Cleaning

and disinfection must be completed

before the premises, conveyances, or

materials may again be used to convey,

hold, or in any way come in contact

with any livestock.

Subpart C—Captive Cervids

§ 77.20 Definitions.

As used in subpart C, the following

terms shall have the meanings set forth

in this section except as otherwise

specified.

Accreditation preparatory State or

zone. A State or zone that is or is part

of a State that has the authority to

enforce and complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and in which tuberculosis

is prevalent in less than 0.5 percent of

the total number of herds of captive

cervids in the State or zone.

Accredited herd. A herd of captive

cervids that has tested negative to at

least three consecutive official

tuberculosis tests of all eligible captive

cervids in accordance with § 77.33(f)

and that meets the standards set forth in

§ 77.35. The tests must be conducted at

9–15 month intervals.

63524 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

Accredited-free State or zone. A State

or zone that is or is part of a State that

has the authority to enforce and

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication,’’ has zero

percent prevalence of affected captive

cervid herds, and has had no findings of

tuberculosis in any captive cervid herds

in the State or zone for the previous 5

years. Except that: The requirement of

freedom from tuberculosis in herds is 2

years from the depopulation of the last

affected herd in States or zones that

were previously accredited free and in

which all herds affected with

tuberculosis were depopulated, 3 years

in all other States or zones that have

depopulated all affected herds, and 3

years in States or zones that have

conducted surveillance that

demonstrates that other livestock herds

and wildlife are not at risk of being

infected with tuberculosis, as

determined by the Administrator based

on a risk assessment conducted by

APHIS.

Affected herd. A herd of captive

cervids that contains or that has

contained one or more captive cervids

infected with Mycobacterium bovis

(determined by bacterial isolation of M.

bovis) and that has not tested negative

to the three whole herd tests as

prescribed in § 77.39(d) of this part.

Blood tuberculosis (BTB) test. A

supplemental test for tuberculosis in

cervids.

Captive cervid. All species of deer,

elk, moose, and all other members of the

family Cervidae raised or maintained in

captivity for the production of meat and

other agricultural products, for sport, or

for exhibition, including time such

animals are moved interstate; or any

wild cervid that is moved interstate,

during the period of time from capture

until release into the wild. A captive

cervid that escapes will continue to be

considered a captive cervid as long as it

bears an official eartag or other

identification approved by the

Administrator as unique and traceable

with which to trace the animal back to

its herd of origin.

Comparative cervical tuberculin

(CCT) test. The intradermal injection of

biologically balanced USDA bovine PPD

tuberculin and avian PPD tuberculin at

separate sites in the mid-cervical area to

determine the probable presence of

bovine tuberculosis (M. bovis) by

comparing the response of the two

tuberculins at 72 hours (plus or minus

6 hours) following injection.

Designated accredited veterinarian.

An accredited veterinarian who is

trained and approved by cooperating

State and Federal animal health officials

to conduct the single cervical tuberculin

(SCT) test on captive cervids.

Exposed captive cervid. Any captive

cervid that has been exposed to

tuberculosis by reason of associating

with captive cervids, cattle, bison, or

other livestock from which M. bovis has

been isolated.

Modified accredited State or zone. A

State or zone that is or is part of a State

that has the authority to enforce and

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ and in which

tuberculosis has been prevalent in less

than 0.1 percent of the total number of

herds of captive cervids in the State or

zone for the most recent year. Except

that: The Administrator, upon his or her

review, may allow a State or zone with

fewer than 10,000 herds to have up to

10 affected herds for the most recent

year, depending on the veterinary

infrastructure, livestock demographics,

and tuberculosis control and eradication

measures in the State or zone.

Modified accredited advanced State

or zone. A State or zone that is or is part

of a State that has the authority to

enforce and complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and in which tuberculosis

has been prevalent in less than 0.01

percent of the total number of herds of

captive cervids in the State or zone for

the most recent 2 years. Except that: The

Administrator, upon his or her review,

may allow a State or zone with fewer

than 30,000 herds to have up to 3

affected herds for each of the most

recent 2 years, depending on the

veterinary infrastructure, livestock

demographics, and tuberculosis control

and eradication measures in the State or

zone.

Monitored herd. A herd on which

identification records are maintained on

captive cervids inspected for

tuberculosis at an approved slaughtering

establishment or an approved diagnostic

laboratory and on captive cervids tested

for tuberculosis in accordance with

interstate movement requirements, and

which meets the standards set forth in

§ 77.37.

Negative. Showing no response to the

SCT test or the CCT test, classified by

the testing laboratory as ‘‘avian’’ or

‘‘negative’’ on the BTB test, or classified

negative for tuberculosis by the testing

veterinarian based upon history,

supplemental tests, examination of the

carcass, and histopathology and culture

of selected tissues.

No gross lesions (NGL). Having no

visible lesions indicative of bovine

tuberculosis detected upon necropsy or

slaughter inspection.

Nonaccredited State or zone. A State

or zone that is or is part of a State or

zone that does not meet the standards of

the ‘‘Uniform Methods and Rules—

Bovine Tuberculosis Eradication’’ or in

which tuberculosis is prevalent in 0.5

percent or more of the total number of

herds of captive cervids in the State or

zone.

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 (CCT) test; and

(3) The blood tuberculosis (BTB) test.

Permit. An official document issued

by a representative of APHIS, a State

representative, or an accredited

veterinarian that must accompany any

reactor, suspect, or exposed captive

cervid moved interstate.

Purified protein derivative (PPD).

Protein extract from an M. bovis culture

that is resuspended in solution at a

standard concentration of 1 mg protein

per 1 mL of solution.

Qualified herd. A herd of captive

cervids that has tested negative to at

least one official tuberculosis test of all

eligible captive cervids (see § 77.33(f))

within the past 12 months and that is

not classified as an accredited herd.

Quarantine. Prohibition from

interstate movement, except for

slaughter or necropsy.

Reactor. Any captive cervid that

shows a response to the SCT test or the

CCT test, or is classified by the testing

laboratory as ‘‘M. bovis positive’’ on the

BTB test, and is classified a reactor by

the testing veterinarian; or any suspect

captive cervid that is classified a reactor

upon slaughter inspection or necropsy

after histopathology and/or culture of

selected tissues by the USDA or State

veterinarian performing or supervising

the slaughter inspection or necropsy.

Regular-kill slaughter animal. An

animal that is slaughtered for food or

any reason other than because of a

disease regulated under 9 CFR chapter

I (such as tuberculosis, brucellosis, or

any other livestock disease for which

movement of animals is restricted under

9 CFR chapter I).

Single cervical tuberculin (SCT) test.

The intradermal injection of 0.1 mL

(5,000 tuberculin units) of USDA PPD

bovis tuberculin in the mid-cervical area

with a reading by visual observation and

palpation at 72 hours (plus or minus 6

hours) following injection.

Suspect. Any captive cervid that is

not negative to the SCT test or the CCT

test, or that is classified by the testing

laboratory as equivocal on the BTB test,

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63525

and that is not classified as a reactor by

the testing veterinarian.

Tuberculin. A product that is

approved by and produced under USDA

license for injection into cervids and

other animals for the purpose of

detecting bovine tuberculosis.

Tuberculous. Having lesions

indicative of tuberculosis, infected with

tuberculosis based on isolation of M.

bovis, or being from a herd in which M.

bovis has been isolated.

USDA. The United States Department

of Agriculture.

Whole herd test. An official

tuberculosis test of all captive cervids in

a herd that are 12 months of age or

older, and of all captive cervids in the

herd that are less than 12 months of age

and were not born into the herd, except

those captive cervids that are less than

12 months of age and were born in and

originated from an accredited herd.

Zero percent prevalence. No finding

of tuberculosis in any herd of captive

cervids in a State or zone.

§ 77.21 Applicability of this subpart.

All references in this subpart to the

tuberculosis status of States and zones

pertain to such status for captive

cervids.

§ 77.22 Accredited-free States or zones.

(a) The following are accredited-free

States: None.

(b) The following are accredited-free

zones: None.

(c) If an affected herd is detected in

a State or zone classified as accreditedfree, and the herd is depopulated and a

complete epidemiologic investigation is

completed within 120 days of the

detection of the affected herd with no

evidence of the spread of tuberculosis,

the State or zone may retain its

accredited-free status. If two or more

affected herds are detected in an

accredited-free State or zone within a

48-month period, the State or zone will

be removed from the list of accreditedfree States or zones and will be

reclassified as modified accredited

advanced.

(d) If any livestock other than captive

cervids are included in a newly

assembled herd on a premises where a

tuberculous herd has been depopulated,

the State or zone must apply the herd

test requirements contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (January 22,

1999 edition), which is incorporated by

reference at § 77.1, to those other

livestock in the same manner as to

captive cervids. Failure to do so will

result in reclassification of the State or

zone as modified accredited advanced.

(e) If tuberculosis is diagnosed within

an accredited-free State or zone in an

animal not specifically regulated by this

part and a risk assessment conducted by

APHIS determines that the outbreak

poses a tuberculosis risk to livestock

within the State or zone, the State or

zone must implement a tuberculosis

management plan, approved jointly by

the State animal health official and the

Administrator, within 6 months of the

diagnosis. The management plan must

include provisions for immediate

investigation of tuberculosis in animals

held for exhibition and in livestock and

wildlife; the prevention of the spread of

the disease to other animals held for

exhibition and to livestock and wildlife;

increased surveillance for tuberculosis

in animals held for exhibition and

wildlife; eradication of tuberculosis

from individual herds; a timeline for

tuberculosis eradication; and

performance standards by which to

measure yearly progress toward

eradication. If a State or zone does not

implement such a plan within the

required 6 months, the State or zone

will lose its accredited-free status and

will be reclassified as modified

accredited advanced.

(f) Accredited-free State or zone status

must be renewed annually. To qualify

for renewal of accredited-free State or

zone status, a State must submit an

annual report to APHIS certifying that

the State or zone within the State

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication.’’ The report

must be submitted to APHIS each year

between October 1 and November 30.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.23 Interstate movement from

accredited-free States and zones.

Notwithstanding any other provisions

of this part, captive cervids that

originate in an accredited-free State or

zone may be moved interstate without

restriction.

§ 77.24 Modified accredited advanced

States or zones.

(a) The following are modified

accredited advanced States: None.

(b) The following are modified

accredited advanced zones: None.

(c) If any livestock other than captive

cervids are included in a newly

assembled herd on a premises where a

tuberculous herd has been depopulated,

the State or zone must apply the herd

test requirements contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (January 22,

1999 edition), which is incorporated by

reference at § 77.1, for such newly

assembled herds to those other livestock

in the same manner as to captive

cervids. Failure to do so will result in

the removal of the State or zone from

the list of modified accredited advanced

States or zones and its being reclassified

as modified accredited.

(d) If tuberculosis is diagnosed within

a modified accredited advanced State or

zone in an animal not specifically

regulated by this part and a risk

assessment conducted by APHIS

determines that the outbreak poses a

tuberculosis risk to livestock within the

State or zone, the State or zone must

implement a tuberculosis management

plan, approved jointly by the State

animal health official and the

Administrator, within 6 months of the

diagnosis. The management plan must

include provisions for immediate

investigation of tuberculosis in animals

held for exhibition and in livestock and

wildlife; the prevention of the spread of

the disease to other animals held for

exhibition and to livestock and wildlife;

increased surveillance for tuberculosis

in animals held for exhibition and

wildlife; eradication of tuberculosis

from individual herds; a timeline for

tuberculosis eradication; and

performance standards by which to

measure yearly progress toward

eradication. If a State or zone does not

implement such a plan within the

required 6 months, the State or zone

will be reclassified as modified

accredited.

(e) Modified accredited advanced

State or zone status must be renewed

annually. To qualify for renewal of a

modified accredited advanced State or

zone status, a State must submit an

annual report to APHIS certifying that

the State or zone complies with all the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ regarding modified

accredited advanced States. The report

must be submitted to APHIS each year

between October 1 and November 30.

(f) To qualify for accredited-free

status, a modified accredited advanced

State or zone must demonstrate to the

Administrator that it complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication,’’ has zero percent

prevalence of affected captive cervid

herds, and has had no findings of

tuberculosis in any captive cervids in

the State or zone for the previous 5

years. Except that: The requirement of

freedom from tuberculosis is 2 years

from the depopulation of the last

affected herd in States or zones that

were previously accredited-free and in

which all herds affected with

tuberculosis were depopulated, 3 years

in all other States or zones that have

depopulated all affected herds, and 3

63526 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

1Send the information to National Animal Health

Programs, Veterinary Services, APHIS, 4700 River

Road, Unit 42, Riverdale, Maryland 20737–1231.

years in States or zones that have

conducted surveillance that

demonstrates that other livestock herds

and wildlife are not at risk of being

infected with tuberculosis, as

determined by the Administrator based

on a risk assessment conducted by

APHIS.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.25 Interstate movement from modified

accredited advanced States and zones.

Captive cervids that originate in a

modified accredited advanced State or

zone, and that are not known to be

infected with or exposed to

tuberculosis, may be moved interstate

only under one of the following

conditions:

(a) The captive cervids are moved

directly to slaughter at an approved

slaughtering establishment.

(b) The captive cervids are from an

accredited herd, qualified herd, or

monitored herd; are officially identified;

and are accompanied by a certificate

stating that the herd completed the

requirements for accredited herd,

qualified herd, or monitored herd status

within 24 months prior to the date of

movement.

(c) The captive cervids are officially

identified and are accompanied by a

certificate stating that they were

negative to an official tuberculin test

conducted within 90 days prior to the

date of movement.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.26 Modified accredited States or

zones.

(a) States listed in paragraph (b) of

this section must submit to APHIS 1 by

October 23, 2001 data demonstrating

that the State complies with the UMR or

the State will be redesignated as

nonaccredited. If a State does submit

surveillance data by October 23, 2001

that meets the UMR standards, and that

APHIS believes qualifies the State for a

classification other than modified

accredited, APHIS will initiate

rulemaking to change the State’s

classification.

(b) The following are modified

accredited States: Alabama, Alaska,

Arizona, Arkansas, California, Colorado,

Connecticut, Delaware, Florida, Georgia,

Hawaii, Idaho, Illinois, Indiana, Iowa,

Kansas, Kentucky, Louisiana, Maine,

Maryland, Massachusetts, Michigan,

Minnesota, Mississippi, Missouri,

Montana, Nebraska, Nevada, New

Hampshire, New Jersey, New Mexico,

New York, North Carolina, North

Dakota, Ohio, Oklahoma, Oregon,

Pennsylvania, Puerto Rico, Rhode

Island, South Carolina, South Dakota,

Tennessee, Texas, Utah, Vermont, the

Virgin Islands of the United States,

Virginia, Washington, West Virginia,

Wisconsin, and Wyoming.

(c) The following are modified

accredited zones: None.

(d) If any livestock other than captive

cervids are included in a newly

assembled herd on a premises where a

tuberculous herd has been depopulated,

the State or zone must apply the herd

test requirements contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (January 22,

1999, edition), which is incorporated by

reference at § 77.1, for such newly

assembled herds to those other livestock

in the same manner as to captive

cervids. Failure to do so will result in

the removal of the State or zone from

the list of modified accredited States or

zones and its being reclassified as

accreditation preparatory.

(e) If tuberculosis is diagnosed within

a modified accredited State or zone in

an animal not specifically regulated by

this part and a risk assessment

conducted by APHIS determines that

the outbreak poses a tuberculosis risk to

livestock within the State or zone, the

State or zone must implement a

tuberculosis management plan,

approved jointly by the State animal

health official and the Administrator,

within 6 months of the diagnosis. The

management plan must include

provisions for immediate investigation

of tuberculosis in animals held for

exhibition and in livestock and wildlife;

the prevention of the spread of the

disease to other animals held for

exhibition and to livestock and wildlife;

increased surveillance for tuberculosis

in animals held for exhibition and

wildlife; eradication of tuberculosis

from individual herds; a timeline for

tuberculosis eradication; and

performance standards by which to

measure yearly progress toward

eradication. If a State or zone does not

implement such a plan within the

required 6 months, the State or zone

will be reclassified as accreditation

preparatory.

(f) Modified accredited State or zone

status must be renewed annually. To

qualify for renewal of a modified

accredited State or zone status, a State

must submit an annual report to APHIS

certifying that the State or zone

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication.’’ The report

must be submitted to APHIS each year

between October 1 and November 30.

(g) To qualify for modified accredited

advanced status, a modified accredited

State or zone must demonstrate to the

Administrator that it complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and that tuberculosis has

been prevalent in less than 0.01 percent

of the total number of captive cervids in

the State or zone for the most recent 2

years. Except that: The Administrator,

upon his or her review, may allow a

State or zone with fewer than 30,000

herds to have up to 3 affected herds for

each of the most recent 2 years,

depending on the veterinary

infrastructure, livestock demographics,

and tuberculosis control and eradication

measures in the State or zone.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.27 Interstate movement from modified

accredited States and zones.

Except for captive cervids from a

qualified herd or monitored herd, as

provided in §§ 77.36 and 77.37,

respectively, captive cervids that

originate in a modified accredited State

or zone, and that are not known to be

infected with or exposed to

tuberculosis, may be moved interstate

only under one of the following

conditions:

(a) The captive cervids are moved

directly to slaughter at an approved

slaughtering establishment.

(b) The captive cervids are from an

accredited herd and are accompanied by

a certificate stating that the accredited

herd completed the testing necessary for

accredited status with negative results

within 24 months prior to the date of

movement.

(c) The captive cervids are sexually

intact animals; are not from an

accredited herd; are officially identified;

and are accompanied by a certificate

stating that the herd from which they

originated was negative to a whole herd

test conducted within 1 year prior to the

date of movement and that the

individual animals to be moved were

negative to an additional official

tuberculin test conducted within 90

days prior to the date of movement,

except that the additional test is not

required if the animals are moved

interstate within 6 months following the

whole herd test.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.28 Accreditation preparatory States or

zones.

(a) The following are accreditation

preparatory States: None.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63527

(b) The following are accreditation

preparatory zones: None.

(c) If any livestock other than captive

cervids are included in a newly

assembled herd on a premises where a

tuberculous herd has been depopulated,

the State or zone must apply the herd

test requirements contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (January 22,

1999, edition), which is incorporated by

reference at § 77.1, for such newly

assembled herds to those other livestock

in the same manner as to captive

cervids. Failure to do so will result in

the removal of the State or zone from

the list of accreditation preparatory

States or zones and its being reclassified

as nonaccredited.

(d) If tuberculosis is diagnosed within

an accreditation preparatory State or

zone in an animal not specifically

regulated by this part and a risk

assessment conducted by APHIS

determines that the outbreak poses a

tuberculosis risk to livestock within the

State or zone, the State or zone must

implement a tuberculosis management

plan, approved jointly by the State

animal health official and the

Administrator, within 6 months of the

diagnosis. The management plan must

include provisions for immediate

investigation of tuberculosis in animals

held for exhibition and in livestock and

wildlife; the prevention of the spread of

the disease to other animals held for

exhibition and to livestock and wildlife;

increased surveillance for tuberculosis

in animals held for exhibition and

wildlife; eradication of tuberculosis

from individual herds; a timeline for

tuberculosis eradication; and

performance standards by which to

measure yearly progress toward

eradication. If a State or zone does not

implement such a plan within the

required 6 months, the State or zone

will be reclassified as nonaccredited.

(e) Accreditation preparatory State or

zone status must be renewed annually.

To qualify for renewal of accreditation

preparatory State or zone status, a State

must submit an annual report to APHIS

certifying that the State or zone

complies with the provisions of the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication.’’ The report

must be submitted to APHIS each year

between October 1 and November 30.

(f) To qualify for modified accredited

status, an accreditation preparatory

State or zone must demonstrate to the

Administrator that it complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and that tuberculosis has

been prevalent in less than 0.1 percent

of the total number of herds of captive

cervids in the State or zone for the most

recent year. Except that: The

Administrator, upon his or her review,

may allow a State or zone with fewer

than 10,000 herds to have up to 10

affected herds for the most recent year,

depending on the veterinary

infrastructure, livestock demographics,

and tuberculosis control and eradication

measures in the State or zone.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.29 Interstate movement from

accreditation preparatory States and zones.

Except for captive cervids from a

qualified herd or monitored herd, as

provided in §§ 77.36 and 77.37,

respectively, captive cervids that

originate in an accreditation preparatory

State or zone, and that are not known

to be infected with or exposed to

tuberculosis, may be moved interstate

only under one of the following

conditions:

(a) The captive cervids are moved

directly to slaughter at an approved

slaughtering establishment.

(b) The captive cervids are from an

accredited herd; are officially identified;

and are accompanied by a certificate

stating that the accredited herd

completed the testing necessary for

accredited status with negative results

within 24 months prior to the date of

movement and that the individual

animals to be moved were negative to an

official tuberculin test conducted within

90 days prior to the date of movement.

(c) The captive cervids are sexually

intact animals; are not from an

accredited herd; are officially identified;

and are accompanied by a certificate

stating that the herd from which they

originated was negative to a whole herd

test conducted within 1 year prior to the

date of movement and that the

individual animals to be moved were

negative to two additional official

tuberculin tests conducted at least 90

days apart and no more than 6 months

apart, with the second test conducted

within 90 days prior to the date of

movement, except that the second

additional test is not required if the

animals are moved interstate within 6

months following the whole herd test.

(Approved by the Office of Management and

Budget under control number 0579–0146)

§ 77.30 Nonaccredited States or zones.

(a) The following are nonaccredited

States: None.

(b) The following are nonaccredited

zones: None.

(c) To qualify for accreditation

preparatory status, a nonaccredited

State or zone must demonstrate to the

Administrator that it complies with the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ and that tuberculosis is

prevalent in less than 0.5 percent of the

total number of herds of captive cervids

in the State or zone.

§ 77.31 Interstate movement from

nonaccredited States and zones.

Captive cervids that originate in a

nonaccredited State or zone and that are

not known to be infected with or

exposed to tuberculosis may not be

moved interstate only if they are

accompanied by VS Form 1–27 and are

moved interstate in an officially sealed

means of conveyance directly to

slaughter at an approved slaughtering

establishment.

§ 77.32 General restrictions.

(a) Except for movement from

accredited-free States and zones in

accordance with § 77.23, movement

from accredited herds in accordance

with § 77.35, and movement to slaughter

in accordance with §§ 77.25(a), 77.27(a),

77.29(a), and 77.31(d), no captive cervid

may be moved interstate unless it has

been tested using an official

tuberculosis test, and it is moved in

compliance with this part.

(b) No captive cervid with a response

to any official tuberculosis test is

eligible for interstate movement unless

the captive cervid subsequently tests

negative to a supplemental official

tuberculosis test or is moved interstate

directly to slaughter or necropsy in

accordance with § 7.40.

(c) Except for captive cervids moving

interstate under permit directly to

slaughter or necropsy under § 77.40,

each captive cervid or shipment of

captive cervids to be moved interstate

must be accompanied by a certificate

issued within 30 days of the movement

by a State or Federal animal health

official or an accredited veterinarian.

(d) Captive cervids in zoological parks

that have been accredited by the

American Zoo and Aquarium

Association (AZA) are exempt from the

regulations in this part when the captive

cervids are moved directly interstate

between AZA member facilities. Any

captive cervids moved interstate that are

not moved directly from an AZA

member facility to another AZA member

facility must be moved in accordance

with the regulations in this subpart.

§ 77.33 Testing procedures for

tuberculosis in captive cervids.

(a) Approved testers. Except as

explained in paragraphs (a)(1) and (a)(2)

of this section, official tuberculosis tests

may only be given by a veterinarian

employed by the State in which the test

63528 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

2The patented standards for the BTB test may be

obtained from the Texas Veterinary Medial Center,

College of Veterinary Medicine, Texas A&M

University, College Station, TX, or from the Deer

Research Laboratory, Department of Microbiology,

University of Otago, P.O. Box 56, Dunedin, New

Zealand.

is administered or by a veterinarian

employed by USDA.

(1) A designated accredited

veterinarian may conduct the SCT test,

except as provided in § 77.34(a)(2) and

§ 77.39(e) and (f).

(2) Any accredited veterinarian may

conduct the BTB test.

(b) Approved diagnostic laboratories.

(1) With one exception,

histopathology and culture results for

all tuberculosis diagnoses will be

accepted only from the National

Veterinary Services Laboratories (NVSL)

in Ames, IA. The exception is that

results will be accepted from a

laboratory of the Food Safety and

Inspection Service, USDA, for tissue

examination of regular-kill slaughter

animals in those cases where no

submission is made to NVSL.

(2) The following laboratory is

approved to perform the BTB test: Texas

Veterinary Medical Center laboratory at

Texas A&M University in College

Station, TX.

(c) Identification. Any captive cervid

tested with an official tuberculosis test

must bear official identification in the

form of an official eartag, or another

identification device or method

approved by the Administrator as

unique and traceable, at the time of the

official tuberculosis test. Use of any

identification device or method other

than an official eartag must first be

approved by the Administrator as

unique and traceable. Written requests

for approval must be sent to National

Animal Health Programs, VS, APHIS,

4700 River Road Unit 43, Riverdale, MD

20737–1231.

(d) Reporting of tests.

(1) SCT and CCT tests. For the SCT

and CCT tests, the testing veterinarian

must submit a report to cooperating

State and Federal animal health officials

of the State in which the captive cervid

is tested. The report must include the

following information for all SCT and

CCT tests administered: The number of

the individual eartag or other

identification approved by the

Administrator; the age, sex, and breed of

each captive cervid tested; a record of

all responses; the size of each response

for the CCT test; and the test

interpretation.

(2) BTB test. Copies of the BTB test

results must be submitted by the testing

laboratory to the person, firm, or

corporation responsible for the

management of the herd, cooperating

State and Federal animal health officials

of the State in which the captive cervid

is tested, and the testing veterinarian.

The report must include the following

information for all BTB tests

administered: The number of the

individual eartag or other identification

approved by the Administrator; the age,

sex, and breed of each captive cervid

tested; the test interpretation, and a

summary of supporting data. Full

supporting data must be submitted by

the testing laboratory on a case-by-case

basis at the request of cooperating State

and Federal animal health officials.

(e) Test interpretation.

(1) Interpretation of an SCT test will

be based upon the judgment of the

testing veterinarian after observation

and palpation of the injection site, in

accordance with the classification

requirements described in § 77.34(a).

(2) Interpretation of a CCT test will be

in accordance with the classification

requirements described in § 77.34(b).

(3) Interpretation of a BTB test will be

in accordance with the patented

standards for the BTB test 2 and the

classification requirements described in

§ 77.34(c).

(f) Captive cervids eligible for testing.

Except as provided in § 77.35(a)(1) and

§ 77.36(a)(1), testing of herds for

individual herd classification must

include all captive cervids 1 year of age

or over and any captive cervids other

than natural additions (captive cervids

born into the herd) under 1 year of age.

§ 77.34 Official tuberculosis tests.

(a) Single cervical tuberculin (SCT)

test.

(1) The SCT test is the primary test to

be used in individual captive cervids

and in herds of unknown tuberculous

status. Each captive cervid that

responds to the SCT test must be

classified as a suspect until it is retested

with either the CCT test or the BTB test

and is either found negative for

tuberculosis or is classified as a reactor,

unless, with the exception of a

designated accredited veterinarian, the

testing veterinarian determines that the

captive cervid should be classified as a

reactor based on its response to the SCT

test. A designated accredited

veterinarian must classify a responding

captive cervid as a suspect, unless the

DTE determines, based on

epidemiological evidence, that the

captive cervid should be classified as a

reactor.

(2) The SCT test is the primary test to

be used in affected herds and in herds

that have received captive cervids from

an affected herd. When used with

affected herds or in herds that have

received captive cervids from an

affected herd, the SCT test may only be

administered by a veterinarian

employed by the State in which the test

is administered or employed by USDA.

In affected herds or herds that have

received captive cervids from an

affected herd, each captive cervid that

responds to the SCT test must be

classified as a reactor, unless the DTE

determines that the captive cervid

should be classified as a suspect

because of possible exposure to a

tuberculous animal.

(b) Comparative cervical tuberculin

(CCT) test.

(1) The CCT test is a supplemental

test that may only be used for retesting

captive cervids classified as suspects.

The CCT test may be used in affected

herds only after the herd has tested

negative to at least two whole herd SCT

tests and only with the prior written

consent of the DTE. The CCT test may

not be used as a primary test for herds

of unknown tuberculous status.

(2) A captive cervid tested with the

CCT test must be classified as negative

if it has a response to the bovine PPD

tuberculin that is less than 1 mm.

(3) Unless the testing veterinarian

determines that the captive cervid

should be classified as a reactor because

of possible exposure to a tuberculous

animal, a captive cervid tested with the

CCT test must be classified as a suspect

if:

(i) It has a response to the bovine PPD

tuberculin that is greater than 2 mm and

that is equal to the response to the avian

PPD tuberculin; or

(ii) It has a response to the bovine

PPD tuberculin that is equal to or greater

than 1mm and equal to or less than

2mm and that is equal to or greater than

the response to the avian PPD

tuberculin.

(4) A captive cervid tested with the

CCT test must be classified as a reactor

if:

(i) It has a response to the bovine PPD

tuberculin that is greater than 2 mm and

that is at least 0.5 mm greater than the

response to the avian PPD tuberculin; or

(ii) It has been classified as a suspect

on two successive CCT tests.

(iii) Any exceptions to reactor

classification under the conditions in

paragraph (b)(4)(i) and (b)(4)(ii) of this

section must be justified by the testing

veterinarian in writing and have the

concurrence of the DTE.

(c) Blood tuberculosis (BTB) test.

(1) The BTB test is a supplemental

test that may be used in place of the

CCT test for retesting captive cervids

classified as suspects.

(2) Except as provided in § 77.39(e),

any captive cervid classified by the

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63529

testing laboratory as ‘‘equivocal’’ will be

classified as a suspect.

(3) Any captive cervid classified by

the testing laboratory as ‘‘M. bovis

positive’’ will be classified as a reactor.

(4) Any captive cervid classified by

the testing laboratory as ‘‘avian’’ or

‘‘negative’’ will be considered negative

for tuberculosis.

(5) The owner of the captive cervid

tested is responsible for the cost of the

BTB test.

§ 77.35 Interstate movement from

accredited herds.

(a) Qualifications. To be recognized as

an accredited herd:

(1) All captive cervids in the herd

eligible for testing in accordance with

§ 77.33(f) must have tested negative to at

least three consecutive official

tuberculosis tests, conducted at 9–15

month intervals. However, captive

cervids under 1 year of age that are not

natural additions to the herd do not

have to be tested if they were born in

and originate from an accredited herd.

(2) The owner of the herd must have

a document issued by cooperating State

or Federal animal health officials stating

that the herd has met the requirements

in paragraph (a)(1) of this section and is

classified as an accredited herd.

(b) Movement allowed. Except as

provided in § 77.23 with regard to

captive cervids that originate in an

accredited-free State or zone, and except

as provided in § 77.31 with regard to

captive cervids that originate in a

nonaccredited State or zone, a captive

cervid from an accredited herd may be

moved interstate without further

tuberculosis testing only if it is

accompanied by a certificate, as

provided in § 77.32(c), that includes a

statement that the captive cervid is from

an accredited herd. If a group of captive

cervids from an accredited herd is being

moved interstate together to the same

destination, all captive cervids in the

group may be moved under one

certificate.

(c) Herd additions allowed. No

captive cervid may be added to an

accredited herd except in accordance

with paragraphs (c)(4) and (c)(5), and

either paragraph (c)(1), (c)(2), or (c)(3) of

this section, as follows:

(1) The captive cervid to be added

must be moved directly from an

accredited herd;

(2) The captive cervid to be added

must be moved directly from a qualified

or monitored herd and must have tested

negative to an official tuberculosis test

conducted within 90 days prior to

movement to the premises of the

accredited herd. Any captive cervid

moved from a qualified or monitored

herd must also be isolated from all

members of the accredited herd until it

tests negative to an official tuberculosis

test conducted at least 90 days following

the date of arrival at the premises of the

accredited herd. If a group of captive

cervids is being moved together, the

entire group must be isolated from all

other livestock during the testing

period, but captive cervids in the group

need not be isolated from each other

during that period. Such herd additions

will not receive status as members of the

accredited herd for purposes of

interstate movement until they have

tested negative to an official

tuberculosis test and have been released

from isolation; or

(3) If the captive cervid to be added

is not being moved directly from a

classified herd, the captive cervid must

be isolated from all other members of

the herd of origin and must test negative

to two official tuberculosis tests. The

isolation must begin at the time of the

first official tuberculosis test. The tests

must be conducted at least 90 days

apart, and the second test must be

conducted within 90 days prior to

movement to the premises of the

accredited herd. The captive cervid

must also be isolated from all members

of the accredited herd until it tests

negative to an official tuberculosis test

conducted at least 90 days following the

date of arrival at the premises of the

accredited herd. If a group of captive

cervids is being moved together, the

entire group must be isolated from all

other animals during the testing period,

but captive cervids in the group need

not be isolated from each other during

that period. Such herd additions will

not receive status as members of the

accredited herd for purposes of

interstate movement until they have

tested negative to an official

tuberculosis test and have been released

from isolation.

(4) A captive cervid to be added must

not have been exposed during the 90

days prior to its movement to either:

(i) A captive cervid from a herd with

a lower classification status than its

own; or

(ii) Any tuberculous livestock.

(d) Maintenance of accredited herd

status. To maintain status as an

accredited herd, the herd must test

negative to an official tuberculosis test

within 21–27 months from the

anniversary date of the third

consecutive test with no evidence of

tuberculosis disclosed (that is, the test

on which the herd was recognized as

accredited or the accrediting test). Each

time the herd is tested for

reaccreditation, it must be tested 21–27

months from the anniversary date of the

accrediting test, not from the last date of

reaccreditation (for example, if a herd is

accredited on January 1 of a given year,

the anniversary date will be January 1

of every second year). Accredited herd

status is valid for 24 months (730 days)

from the anniversary date of the

accrediting test. If the herd is tested

between 24 and 27 months after the

anniversary date, its accredited herd

status will be suspended for the interim

between the anniversary date and the

reaccreditation test. During the

suspension period, the herd will be

considered ‘‘unclassified’’ and captive

cervids may be moved interstate from

the herd only in accordance with the

movement requirements for the State or

zone in which the herd is located.

§ 77.36 Interstate movement from qualified

herds.

(a) Qualifications. To be recognized as

a qualified herd:

(1) All captive cervids in the herd

eligible for testing in accordance with

§ 77.33(f) must have tested negative to

one official tuberculosis test that was

administered to the herd within a 7-

month period. However, captive cervids

under 1 year of age that are not natural

additions do not have to be tested if

they were born in and originate from an

accredited, qualified, or monitored herd.

(2) The owner of the herd must have

a document issued by cooperating State

and Federal animal health officials

stating that the herd has met the

requirement in paragraph (a)(1) of this

section and is classified as a qualified

herd.

(b) Movement allowed. Except as

provided in § 77.23 with regard to

captive cervids that originate in an

accredited-free State or zone, and except

as provided in § 77.31 with regard to

captive cervids that originate in a

nonaccredited State or zone, a captive

cervid from a qualified herd may be

moved interstate only if:

(1) The captive cervid is not known to

be infected with or exposed to

tuberculosis; and

(2) The captive cervid is accompanied

by a certificate, as provided in

§ 77.32(c), that includes a statement that

the captive cervid is from a qualified

herd. Except as provided in paragraphs

(b)(3) and (b)(4) of this section, the

certificate must also state that the

captive cervid has tested negative to an

official tuberculosis test conducted

within 90 days prior to the date of

movement. If a group of captive cervids

from a qualified herd is being moved

interstate together to the same

destination, all captive cervids in the

group may be moved under one

certificate.

63530 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

3A chart showing the number of captive cervids

that must be slaughter inspected or tested for

interstate movement, depending on the size of a

herd, to meet this requirement may be obtained

from the National Animal Health Programs staff,

Veterinary Services, APHIS, 4700 River Road Unit

43, Riverdale, MD 20737–1231.

(3) Captive cervids under 1 year of age

that are natural additions to the

qualified herd or that were born in and

originate from a classified herd may

move without testing, provided that the

certificate accompanying them states

that the captive cervids are natural

additions to the qualified herd or were

born in and originated from a classified

herd and have not been exposed to

captive cervids from an unclassified

herd.

(4) Captive cervids being moved

interstate for the purpose of exhibition

only may be moved without testing,

provided they are returned to the

premises of origin no more than 90 days

after leaving the premises, have no

contact with other livestock during

movement and exhibition, and are

accompanied by a certificate that

includes a statement that the captive

cervid is from a qualified herd and will

otherwise meet the requirements of this

paragraph.

(c) Herd additions allowed. No

captive cervid may be added to a

qualified herd except in accordance

with paragraph (c)(4) and either

paragraph (c)(1), (c)(2), or (c)(3) of this

section, as follows:

(1) The captive cervid to be added

must be moved directly from an

accredited herd;

(2) The captive cervid to be added

must be moved directly from a qualified

or monitored herd and must have tested

negative to an official tuberculosis test

conducted within 90 days prior to

movement to the premises of the

accredited herd;

(3) If the captive cervid to be added

is not being moved directly from a

classified herd, the captive cervid must

be isolated from all other animals in its

herd of origin and must test negative to

two official tuberculosis tests prior to

movement. The isolation must begin at

the time of the first official tuberculosis

test. The tests must be conducted at

least 90 days apart, and the second test

must be conducted within 90 days prior

to movement to the premises of the

qualified herd. The captive cervid must

then be kept in isolation from all

animals until it tests negative to an

official tuberculosis test conducted at

least 90 days following the date of

arrival at the premises of the qualified

herd. If a group of captive cervids is

being moved together, the entire group

must be isolated from all other livestock

during the testing period, but captive

cervids in the group need not be

isolated from each other during that

period. Such herd additions will not

receive status as members of the

qualified herd for purposes of interstate

movement until they have tested

negative to an official tuberculosis test

and been released from isolation.

(4) A captive cervid to be added must

not have been exposed during the 90

days prior to its movement to either:

(i) A captive cervid from a herd with

a lower classification status than its

own; or

(ii) Any tuberculous livestock.

(d) Maintenance of qualified herd

status. To maintain status as a qualified

herd, the herd must test negative to an

official tuberculosis test within 9–15

months from the anniversary date of the

first test with no evidence of

tuberculosis disclosed (this is the

qualifying test). Each time the herd is

retested for qualified status, it must be

tested 9–15 months from the

anniversary date of the qualifying test,

not from the last date of requalification

(for example, if a herd is qualified on

January 1 of a given year, the

anniversary date will be January 1 of

each consecutive year). Qualified herd

status remains in effect for 12 months

(365 days) following the anniversary

date of the qualifying test. Qualified

herd status will be suspended between

the anniversary date and the

requalifying test, if the herd is not tested

within 12 months. During the

suspension period, the herd will be

considered ‘‘unclassified’’ and captive

cervids may be moved interstate from

the herd only in accordance with the

movement requirements for the State or

zone in which the herd is located.

§ 77.37 Interstate movement from

monitored herds.

(a) Qualifications. To be recognized as

a monitored herd:

(1) Identification records must be

maintained by the person, firm, or

corporation responsible for the

management of the herd for as long as

status as a monitored herd is desired.

Such records must be maintained on all

captive cervids in the herd that are

slaughtered, inspected, and found

negative for tuberculosis at an approved

slaughtering establishment or

necropsied at an approved diagnostic

laboratory. Identification records may

also include captive cervids from the

herd that tested negative for

tuberculosis in accordance with

requirements for interstate movement.

No less than one-half of the captive

cervids on which records are kept must

be slaughter inspected; and

(2) A sufficient number of captive

cervids in the herd must be slaughter

inspected or tested for interstate

movement to ensure that tuberculosis

infection at a prevalence level of 2

percent or more will be detected with a

confidence level of 95 percent.3 A

maximum number of 178 captive

cervids must be slaughter inspected or

tested for interstate movement over a 3-

year period to meet this requirement.

(b) Movement allowed. Except as

provided in § 77.23 with regard to

captive cervids that originate in an

accredited-free State or zone, and except

as provided in § 77.31 with regard to

captive cervids that originate in a

nonaccredited State or zone, a captive

cervid from a monitored herd may be

moved interstate only if:

(1) The captive cervid is not known to

be infected with or exposed to

tuberculosis; and

(2) The captive cervid is accompanied

by a certificate, as provided in

§ 77.32(c), that includes a statement that

the captive cervid is from a monitored

herd. Except as provided in paragraph

(b)(3) of this section, the certificate must

also state that the captive cervid has

tested negative to an official

tuberculosis test conducted within 90

days prior to the date of movement. If

a group of captive cervids from a

monitored herd is being moved

interstate together to the same

destination, all captive cervids in the

group may be moved under one

certificate.

(3) Captive cervids under 1 year of age

that are natural additions to the

monitored herd or that were born in and

originate from a classified herd may

move without testing, provided that the

certificate accompanying them states

that the captive cervids are natural

additions to the monitored herd or were

born in and originated from a classified

herd and have not been exposed to

captive cervids from an unclassified

herd.

(c) Herd additions allowed. No

captive cervid may be added to a

monitored herd except in accordance

with paragraph (c)(4) and either

paragraph (c)(1), (c)(2), or (c)(3) of this

section, as follows:

(1) The captive cervid to be added

must be moved directly from an

accredited herd;

(2) The captive cervid to be added

must be moved directly from a qualified

or monitored herd and must have tested

negative to an official tuberculosis test

conducted within 90 days prior to

movement to the premises of the

monitored herd; or

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63531

(3) If the captive cervid to be added

is not being moved directly from a

classified herd, the captive cervid must

be isolated from all other animals and

must test negative to two official

tuberculosis tests. The isolation must

begin at the time of the first official

tuberculosis test. The tests must be

conducted at least 90 days apart, and

the second test must be conducted

within 90 days prior to movement to the

premises of the monitored herd. The

captive cervid must then be kept in

isolation from all animals until it tests

negative to an official tuberculosis test

conducted at least 90 days following the

date it arrives at the premises of the

monitored herd. If a group of captive

cervids is being moved together, the

entire group must be isolated from all

other animals during the testing period,

but captive cervids in the group need

not be isolated from each other during

that period. Such herd additions will

not receive status as members of the

monitored herd for purposes of

interstate movement until they have

tested negative to an official

tuberculosis test and been released from

isolation.

(4) A captive cervid to be added must

not have been exposed during the 90

days prior to its movement to either:

(i) A captive cervid from a herd with

a lower classification status than its

own; or

(ii) Any tuberculous livestock.

(d) Maintenance of monitored herd

status. The person, firm, or corporation

responsible for the management of the

herd must submit an annual report to

cooperating State or Federal animal

health officials prior to the anniversary

date of classification. This report must

give the number of captive cervids

currently in the herd; the number of

captive cervids from the herd 1 year of

age and older identified, slaughtered,

and inspected at an approved

slaughtering establishment or

necropsied at an approved diagnostic

laboratory during the preceding year;

and the number of captive cervids that

have tested negative for tuberculosis in

accordance with interstate movement

requirements. The number of slaughter

inspections or negative testing captive

cervids reported in any given year must

be at least 25 percent of the total

number required over a 3-year period to

qualify a herd for monitored herd status.

During each consecutive 3-year period,

100 percent of the qualifying total must

be reported.

§ 77.38 Interstate movement from herds

that are not accredited, qualified, or

monitored.

The Administrator may, with the

concurrence of the cooperating State

animal health officials of the State of

destination, and upon request in

specific cases, permit the movement of

captive cervids not otherwise provided

for in this part which have not been

classified as reactors and are not

otherwise known to be affected with

tuberculosis, under such conditions as

the Administrator may prescribe in each

specific case to prevent the spread of

tuberculosis. The Administrator shall

promptly notify the appropriate

cooperating State animal health officials

of the State of destination of any such

action.

§ 77.39 Other interstate movements.

(a) Herds containing a suspect.

(1) The suspect.

(i) A captive cervid classified as a

suspect on the SCT test must be

quarantined until it is slaughtered or

retested by the CCT test or the BTB test

and found negative for tuberculosis.

Retesting must be as follows:

(A) The first CCT test must be

administered within the first 10 days

following the SCT test or, if not, must

be administered at least 90 days after

the SCT test. If the CCT test is

administered within 10 days of the SCT

test, the injection must be on the side of

the neck opposite the injection for the

SCT test.

(B) The sample for the first BTB test

may not be taken until at least 12 days

after the injection for the SCT test. It is

recommended that the sample be taken

within 30 days following the injection

for the SCT test.

(ii) A captive cervid classified as a

suspect on the first CCT test or the first

BTB test must be quarantined until the

following has occurred:

(A) A suspect on the first CCT test is

tested with a second CCT test at least 90

days after the first CCT test and is found

negative for tuberculosis; or

(B) A suspect on the first BTB test is

tested with a second BTB test and is

found negative for tuberculosis. It is

recommended that the captive cervid be

tested with the second BTB test within

60 days following the injection for the

SCT test.

(2) The remainder of the herd. Any

herd containing a suspect to an official

tuberculosis test must be quarantined

until the suspect is retested by the CCT

test or the BTB test and found negative

for tuberculosis, or the suspect is

inspected at slaughter or necropsied and

found negative for tuberculosis after

histopathology and culture of selected

tissues. If the suspect is found negative

for tuberculosis upon testing, or after

slaughter inspection or necropsy and

histopathology and culture of selected

tissues, the herd may be released from

quarantine and will return to the herd

classification status in effect before the

herd was quarantined. If the suspect is

classified as a reactor upon testing, or

after slaughter inspection or necropsy

and histopathology and/or culture of

selected tissues, the herd may be

released from quarantine only in

accordance with paragraph (b) of this

section for herds containing a reactor.

(b) Herds containing a reactor. The

following requirements apply to herds

containing a reactor, except for herds

that have received captive cervids from

an affected herd. Herds that have

received captive cervids from an

affected herd must be quarantined and

tested in accordance with paragraph (e)

of this section.

(1) The reactor. Captive cervids

classified as reactors must be

quarantined.

(2) The remainder of the herd. Any

herd containing reactors must be

quarantined until the reactors are

slaughtered or necropsied in accordance

with § 77.40 and:

(i) If, upon slaughter inspection or

necropsy, any reactors exhibit lesions

compatible with or suggestive of

tuberculosis, found by histopathology,

without the isolation of M. bovis, the

remainder of the herd may be released

from quarantine in accordance with the

provisions of paragraph (c) of this

section.

(ii) If M. bovis is isolated from any

reactors, the remainder of the herd will

be considered an affected herd, and will

be subject to the provisions for affected

herds in paragraph (d) of this section.

(iii) If upon slaughter inspection or

necropsy all reactors exhibit no gross

lesions (NGL) of tuberculosis and no

evidence of tuberculosis infection is

found by histopathology and culture of

M. bovis on specimens taken from the

NGL animals, the remainder of the herd

may be released from quarantine, and

captive cervids from the herd may be

moved interstate in accordance with the

herd classification status in effect before

the herd was quarantined if one of the

following conditions is met:

(A) The remainder of the herd is given

a whole herd test and is found negative

for tuberculosis.

(B) The remainder of the herd is given

a whole herd test, and all reactors to the

whole herd test exhibit no gross lesions

(NGL) of tuberculosis upon slaughter

inspection or necropsy and no evidence

of tuberculosis infection is found by

63532 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

histopathology or culture of M. bovis on

specimens taken from the NGL animals.

(iv) If no evidence of tuberculosis is

found in any reactor upon slaughter

inspection or necropsy, but it is not

possible to conduct a whole herd test on

the remainder of the herd, the herd will

be evaluated, based on criteria such as

the testing history of the herd and the

State history of tuberculosis infection,

by the DTE to determine whether the

herd may be released from quarantine.

(c) Herds found to have only lesions

of tuberculosis. A herd in which captive

cervids with lesions compatible with or

suggestive of tuberculosis are found by

histopathology without the isolation of

M. bovis may be released from

quarantine and return to the herd

classification status in effect before the

herd was quarantined, with the

concurrence of the DTE, if the herd tests

negative to tuberculosis on a whole herd

test conducted 90 days following the

removal of the lesioned captive cervid,

provided the herd has not been exposed

to M. bovis during the 90 days. To

maintain its herd classification status,

the herd must test negative to two

annual whole herd tests beginning 10–

12 months after the herd is released

from quarantine. If any captive cervids

in the herd respond to one of the tests,

the herd will be subject to the

provisions of paragraph (a) or (b) of this

section. If the herd is not given the two

annual whole herd tests, it will become

an unclassified herd.

(d) Affected herds. A herd determined

to be an affected herd must be

quarantined until the herd has tested

negative to three whole herd tests in

succession, with the first test given 90

days or more after the last test yielding

a reactor and the last two tests given at

intervals of not less than 180 days. If the

herd tests negative to the three whole

herd tests, it will be released from

quarantine, but will be considered an

unclassified herd, and captive cervids

may only be moved interstate from the

herd in accordance with the movement

requirements for the State or zone in

which the herd is located. In addition,

the herd must be given five consecutive

annual whole herd tests after release

from quarantine. (These five tests will

count toward qualifying the herd for

herd classification.) As an alternative to

testing, the herd may be depopulated.

(e) Herds that have received captive

cervids from an affected herd. If a herd

has received captive cervids from an

affected herd, the captive cervids from

the affected herd of origin will be

considered exposed to tuberculosis. The

exposed captive cervids and the

receiving herd must be quarantined. The

exposed captive cervids must be

slaughtered, necropsied, or tested with

the SCT test by a veterinarian employed

by the State in which the test is

administered or employed by USDA.

The BTB test may be used

simultaneously with the SCT test as an

additional diagnostic test. Any exposed

captive cervid that responds to the SCT

test or tests ‘‘M. bovis positive’’ or

‘‘equivocal’’ on the BTB test must be

classified as a reactor and must be

slaughter inspected or necropsied. Any

exposed captive cervid that tests

negative to the SCT test or tests ‘‘avian’’

or ‘‘negative’’ on the BTB test will be

considered as part of the affected herd

of origin for purposes of testing,

quarantine, and the five annual whole

herd tests required for affected herds in

paragraph (d) of this section.

(1) If bovine tuberculosis is confirmed

in any of the exposed captive cervids by

bacterial isolation of M. bovis, the

receiving herd will be classified as an

affected herd and will be subject to the

provisions for affected herds in

paragraph (d) of this section.

(2) If any of the exposed captive

cervids are found to exhibit lesions

compatible with or suggestive of

tuberculosis, found by histopathology,

without the isolation of M. bovis, the

receiving herd will be subject to

appropriate testing as determined by the

DTE.

(3) If all the exposed captive cervids

test negative for tuberculosis, the

receiving herd will be released from

quarantine if it is given a whole herd

test and is found negative for

tuberculosis and will return to the herd

classification in effect before the herd

was quarantined. In addition, the

receiving herd must be retested with the

SCT test 1 year after release from

quarantine in order for captive cervids

from the herd to continue to be moved

interstate. Supplemental diagnostic tests

may be used if any captive cervids in

the herd show a response to the SCT

test.

(f) Source herds. A herd suspected of

being the source of tuberculous captive

cervids based on a slaughter traceback

investigation must be quarantined upon

notification (by the person conducting

the investigation) to the USDA area

veterinarian in charge for the State in

which the herd resides, and a herd test

must be scheduled. If the herd is

suspected of being the source of

slaughter captive cervids having lesions

of tuberculosis, the herd test must be

done by a veterinarian employed by the

State in which the test is administered

or employed by USDA.

(1) If the herd is identified as the

source of captive cervids having lesions

of tuberculosis and M. bovis has been

confirmed by bacterial isolation from

the slaughter animal, all captive cervids

in the herd that respond to the SCT test

must be classified as reactors. If none

respond to the SCT test, the herd may

be released from quarantine and will

return to the herd classification status in

effect before the herd was quarantined,

unless the DTE judges that additional

testing is appropriate to ensure the

herd’s freedom from tuberculosis.

(2) If the herd is identified as the

source of captive cervids that exhibit

lesions compatible with or suggestive of

tuberculosis, found by histopathology,

without the isolation of M. bovis, all

captive cervids in the herd that respond

to the SCT test must be classified as

suspects, and supplemental tests must

be applied.

(3) If the herd is not identified as the

source herd, the herd will be released

from quarantine if the herd is given a

whole herd test and is found negative

for tuberculosis. The herd will then

return to the herd classification status in

effect before the herd was quarantined.

(g) Newly assembled herds.

(1) A newly assembled herd will be

classified as having the herd status of

the herd from which the captive cervids

originated. If the herd is assembled from

captive cervids from more than one

herd, it will be classified as having the

herd status of the originating herd with

the lowest status. A newly assembled

herd will also assume the testing

schedule of the herd status it is given.

Captive cervids in the herd must have

no exposure to captive cervids from a

herd of lesser status than the herd of

origin determining the status of the

newly assembled herd or to any

tuberculous livestock.

(2) A herd newly assembled on

premises where a tuberculous herd has

been depopulated must be given two

consecutive annual whole herd tests.

The first test must be administered at

least 6 months after the assembly of the

new herd. If the whole herd tests are not

conducted within the indicated

timeframe, the herd will be quarantined.

If the herd tests negative to the two

whole herd tests, there are no further

requirements. If any captive cervid in

the herd responds on one of the whole

herd tests, the herd will be subject to the

provisions of paragraph (a) or (b) of this

section. If the premises has been vacant

for more than 1 year preceding the

assembly of the new herd on the

premises, these requirements may be

waived if the risk of tuberculosis

transmission to the newly assembled

herd is deemed negligible by

cooperating State and Federal animal

health officials.

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63533

§ 77.40 Procedures for and interstate

movement to necropsy and slaughter.

(a) Procedures for necropsy and

slaughter.

(1) A necropsy must be performed by

or under the supervision of a

veterinarian who is employed by USDA

or employed by the State in which the

captive cervid was classified, and who

is trained in tuberculosis necropsy

procedures.

(2) If, upon necropsy, a captive cervid

is found without evidence of M. bovis

infection by histopathology and culture,

the captive cervid will be considered

negative for tuberculosis.

(3) Reactors, suspects, and exposed

captive cervids may be slaughtered only

at an approved slaughtering

establishment, as defined in § 77.20.

(b) Interstate movement to necropsy

or slaughter.

(1) Permit. Any reactor, suspect, or

exposed captive cervid to be moved

interstate to necropsy or slaughter must

be accompanied by a permit issued by

a representative of APHIS, a State

representative, or an accredited

veterinarian. The captive cervid must

remain on the premises where it was

identified as a reactor, suspect, or

exposed captive cervid until a permit

for its movement is obtained. No

stopover or diversion from the

destination listed on the permit is

allowed. If a change in destination

becomes necessary, a new permit must

be obtained from a cooperating State or

Federal animal health official or an

accredited veterinarian before the

interstate movement begins. The permit

must list:

(i) The classification of the captive

cervid (reactor, suspect, or exposed);

(ii) The reactor eartag number or, for

suspects and exposed captive cervids,

the official eartag or other approved

identification number;

(iii) The owner’s name and address;

(iv) The origin and destination of the

captive cervids;

(v) The number of captive cervids

covered by the permit; and

(vi) The purpose of the movement.

(2) Identification of reactors. Reactors

must be tagged with an official eartag

attached to the left ear and bearing a

serial number and the inscription ‘‘U.S.

Reactor,’’ and either:

(i) Branded with the letter ‘‘T’’ high

on the left hip near the tailhead and at

least 5 by 5 centimeters (2 by 2 inches)

in size; or

(ii) Permanently identified by the

letters ‘‘TB’’ tattooed legibly in the left

ear, sprayed on the left ear with yellow

paint, and either accompanied directly

to necropsy or slaughter by an APHIS or

State representative or moved directly to

necropsy or slaughter in a vehicle

closed with official seals. Such official

seals must be applied and removed by

an APHIS representative, State

representative, accredited veterinarian,

or an individual authorized for this

purpose by an APHIS representative.

(3) Identification of exposed captive

cervids. Exposed captive cervids must

be identified by an official eartag or

other approved identification and

either:

(i) Branded with the letter ‘‘S’’ high

on the left hip near the tailhead and at

least 5 by 5 centimeters (2 by 2 inches)

in size; or

(ii) Either accompanied directly to

necropsy or slaughter by an APHIS or

State representative or moved directly to

necropsy or slaughter in a vehicle

closed with official seals. Such official

seals must be applied and removed by

an APHIS representative, State

representative, accredited veterinarian,

or an individual authorized for this

purpose by an APHIS representative.

§ 77.41 Cleaning and disinfection of

premises, conveyances, and materials.

All conveyances and associated

equipment, premises, and structures

that are used for receiving, holding,

shipping, loading, unloading, and

delivering captive cervids in connection

with their interstate movement and that

are determined by cooperating State and

Federal animal health officials to be

contaminated because of occupation or

use by tuberculous or reactor livestock

must be cleaned and disinfected under

the supervision of the cooperating State

or Federal animal health officials. Such

cleaning and disinfecting must be done

in accordance with the procedures

approved by the cooperating State or

Federal animal health officials. Cleaning

and disinfection must be completed

before the premises, conveyances, or

materials may again be used to convey,

hold, or in any way come in contact

with any livestock.

Done in Washington, DC, this 17th day of

October 2000.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 00–27054 Filed 10–18–00; 11:25

am]

BILLING CODE 3410–34–P