[Federal Register Volume 65, Number 205 (Monday, October 23, 2000)]
[Rules and Regulations]
[Pages 63502-63533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27054]



[[Page 63501]]

-----------------------------------------------------------------------

Part V





Department of Agriculture





-----------------------------------------------------------------------



Animal and Plant Inspection Service



-----------------------------------------------------------------------



9 CFR Part 77



Tuberculosis in Cattle, Bison, and Captive Cervids; State and Zone 
Designations; Final Rule

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

[[Page 63502]]


-----------------------------------------------------------------------

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

[[Page 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 in-State 
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 Secs. 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

[[Page 63504]]

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 Secs. 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 Sec. 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 Secs. 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 Sec. 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 
Secs. 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 Sec. 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 Sec. 77.14 for cattle and bison, and in proposed 
Sec. 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

[[Page 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 Sec. 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 
Sec. 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 Sec. 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 
Sec. 77.12(d) accordingly. An equivalent provision in Sec. 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 
Sec. 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 Secs. 77.12(d) and 
77.27(c), we are making the change to Sec. 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 Secs. 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

[[Page 63506]]

increasing the number of situations under which a whole herd test is 
required.

Movement From Nonaccredited States and Zones

    In Sec. 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 Sec. 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 Secs. 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 Secs. 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 Secs. 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 Sec. 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 
Sec. 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

[[Page 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 Sec. 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 
accredited-free 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 Sec. 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 ``no-
testing'' 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

[[Page 63508]]

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 Sec. 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 Sec. 77.2, we 
proposed to revise the definition of livestock to include previously 
free-ranging 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 accredited-free 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 Sec. 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

[[Page 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 Sec. 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 accredited-free 
(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 
Sec. 77.22 for eliminating an outbreak in captive cervids that are 
comparable to those for cattle and bison in Sec. 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 Secs. 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 Secs. 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 Secs. 77.25(b), 77.27(b), and

[[Page 63510]]

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 Sec. 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 Sec. 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 Sec. 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 Accredited-Free Status

    In our proposed definition of accredited-free State or zone in 
Secs. 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.

[[Page 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 Secs. 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 Sec. 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 Secs. 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 Sec. 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 Sec. 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 accredited-free 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

[[Page 63512]]

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 Sec. 77.4 to remove the provision in Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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.

[[Page 63513]]

    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\
---------------------------------------------------------------------------

    \1\ See, 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.
---------------------------------------------------------------------------

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

[[Page 63514]]

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 Sec. 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 Sec. 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 Sec. 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

[[Page 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 Sec. 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 Sec. 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 Sec. 77.2 accordingly.
    As discussed above under the heading ``Identification 
Requirements,'' we are adding to Sec. 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 Sec. 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 Sec. 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 (Sec. 77.17(b) of 
this rule), there is a reference to a ``quarantined feedlot'' as used 
in Sec. 50.16. A quarantined feedlot as referred to in Sec. 50.16, and 
as defined in Sec. 50.1, differs from an approved feedlot as defined in 
Sec. 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 Sec. 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 
Sec. 77.5 the definition of quarantined feedlot set forth above.
    Additionally, we are clarifying in the definition of State in 
Sec. 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/

[[Page 63516]]

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  x  $4.30) + 
(1,143,980  x  $0.50)]. In Michigan, the testing cost is projected to 
be approximately $899,900 annually (the total of 105,000 individual 
animal tests  x  $4.30 and 1,180 whole herd tests  x  $380). The 
identification cost is projected to be approximately $52,500 (105,000 
animals  x  $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.

[[Page 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  x  $4.30). The 
cost of testing the herds from which the animals originate is projected 
to be about $5,060 (44 herds  x  $115 average cost for herd testing). 
The cost of identifying the captive cervids is projected to be about 
$564 (1,128  x  $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 accredited-free 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 accredited-free 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


Sec. 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:

[[Page 63518]]

    (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.


Sec. 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 free-ranging 
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 alpha-numeric 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.)

[[Page 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.


Sec. 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.


Sec. 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


Sec. 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

[[Page 63520]]

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 Secs. 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 Sec. 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.


Sec. 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.


Sec. 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 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 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 
accredited-free 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 Sec. 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)

Sec. 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.


Sec. 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

[[Page 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 
Sec. 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)


Sec. 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)


Sec. 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 Sec. 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

[[Page 63522]]

and eradication measures in the State or zone.

(Approved by the Office of Management and Budget under control 
number 0579-0146)


Sec. 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)


Sec. 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 Sec. 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)


Sec. 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)


Sec. 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

[[Page 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.


Sec. 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.


Sec. 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 
Secs. 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 Sec. 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)


Sec. 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.


Sec. 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


Sec. 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 Sec. 77.33(f) and that 
meets the standards set forth in Sec. 77.35. The tests must be 
conducted at 9-15 month intervals.

[[Page 63524]]

    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 Sec. 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 
Sec. 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 Sec. 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,

[[Page 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.


Sec. 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.


Sec. 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 accredited-free, 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 accredited-free 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 Sec. 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)


Sec. 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.


Sec. 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 Sec. 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

[[Page 63526]]

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)


Sec. 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)


Sec. 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.
---------------------------------------------------------------------------

    \1\ Send the information to National Animal Health Programs, 
Veterinary Services, APHIS, 4700 River Road, Unit 42, Riverdale, 
Maryland 20737-1231.
---------------------------------------------------------------------------

    (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 Sec. 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)


Sec. 77.27  Interstate movement from modified accredited States and 
zones.

    Except for captive cervids from a qualified herd or monitored herd, 
as provided in Secs. 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)


Sec. 77.28  Accreditation preparatory States or zones.

    (a) The following are accreditation preparatory States: None.

[[Page 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 Sec. 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)


Sec. 77.29  Interstate movement from accreditation preparatory States 
and zones.

    Except for captive cervids from a qualified herd or monitored herd, 
as provided in Secs. 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)


Sec. 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.


Sec. 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.


Sec. 77.32  General restrictions.

    (a) Except for movement from accredited-free States and zones in 
accordance with Sec. 77.23, movement from accredited herds in 
accordance with Sec. 77.35, and movement to slaughter in accordance 
with Secs. 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 Sec. 7.40.
    (c) Except for captive cervids moving interstate under permit 
directly to slaughter or necropsy under Sec. 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.


Sec. 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

[[Page 63528]]

is administered or by a veterinarian employed by USDA.
    (1) A designated accredited veterinarian may conduct the SCT test, 
except as provided in Sec. 77.34(a)(2) and Sec. 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 Sec. 77.34(a).
    (2) Interpretation of a CCT test will be in accordance with the 
classification requirements described in Sec. 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 Sec. 77.34(c).
---------------------------------------------------------------------------

    \2\ The 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.
---------------------------------------------------------------------------

    (f) Captive cervids eligible for testing. Except as provided in 
Sec. 77.35(a)(1) and Sec. 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.


Sec. 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 Sec. 77.39(e), any captive cervid 
classified by the

[[Page 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.


Sec. 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 Sec. 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 Sec. 77.23 with regard 
to captive cervids that originate in an accredited-free State or zone, 
and except as provided in Sec. 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 
Sec. 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.


Sec. 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 Sec. 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 Sec. 77.23 with regard 
to captive cervids that originate in an accredited-free State or zone, 
and except as provided in Sec. 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 Sec. 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.

[[Page 63530]]

    (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.


Sec. 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.
---------------------------------------------------------------------------

    \3\ A 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.
---------------------------------------------------------------------------

    (b) Movement allowed. Except as provided in Sec. 77.23 with regard 
to captive cervids that originate in an accredited-free State or zone, 
and except as provided in Sec. 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 Sec. 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

[[Page 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.


Sec. 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.


Sec. 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 Sec. 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

[[Page 63532]]

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.

[[Page 63533]]

Sec. 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 Sec. 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.


Sec. 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