70284 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

For the reasons set forth in the

preamble, 7 CFR part 928 is amended as

follows:

PART 928—PAPAYAS GROWN IN

HAWAII

1. The authority citation for 7 CFR

part 928 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. The suspensions of §§ 928.150 and

928.152 are removed and introductory

text is added to each section to read as

follows:

§ 928.150 Exemption from inspection.

The requirements in this section

apply through Janaury 2, 2002.

* * * * *

§ 928.152 Maturity exemption.

The requirements in this section

apply through January 2, 2002.

* * * * *

3. In § 928.160, paragraph (a)(1) is

revised to read as follows:

§ 928.160 Utilization reports.

(a) * * *

(1) Quantity of papayas handled

subject to assessments and regulations

including the date, destination, and

inspection certificate number of each

shipment when inspection requirements

specified in § 928.313 apply Janaury 2,

2001, through January 2, 2002; * * *

4. The suspension of § 928.313 is

removed and the section is revised to

read as follows:

§ 928.313 Hawaiian Papaya Regulation 13.

(a) During the period January 2, 2001,

through January 2, 2002, no handler

shall ship any container of papayas to

any destination (except immature

papayas handled pursuant to § 928.152)

unless such papayas grade at least

Hawaii No. 1: Provided, That the weight

requirements specified in this grade

shall not apply to such shipments.

(b) Hawaii No. 1 cited in this

regulation is specified in the Hawaii

Department of Agriculture, Standards

for Fruits and Vegetables (Title 4,

Subtitle 4, Chapter 41, Subchapter 7,

§ 4–41–52, Standards for Hawaii-Grown

Papaya) (8/6/90). Copies of the grade

specifications are available from the

Chief, Marketing Order Administration

Branch, F&V, AMS, USDA, Washington,

DC 20250; and they are also available

for inspection at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C.

552(a), and 1 CFR part 51. The materials

are incorporated as they exist on the

date of approval and a notice of any

changes in the material will be

published in the Federal Register.

Dated: November 14, 2000.

Eric M. Forman,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 00–29706 Filed 11–21–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 77

[Docket No. 99–092–1]

Tuberculosis in Cattle, Bison, and

Captive Cervids; State and Zone

Designations

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the bovine

tuberculosis regulations to recognize

two separate zones with different

tuberculosis risk classifications in the

State of Texas. This action is necessary

to prevent the spread of tuberculosis

and to further the progress of the

domestic bovine tuberculosis

eradication program.

DATES: This interim rule is effective

November 22, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

on or before January 22, 2001.

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 99–092–1,

Regulatory Analysis and Development,

PPD, APHIS, Suite 3C03, 4700 River

Road Unit 118, Riverdale, MD 20737–

1238.

Please state that your comments refer

to Docket No. 99–092–1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue

SW., Washington, DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

FOR FURTHER INFORMATION CONTACT: Dr.

Joseph Van Tiem, Senior Staff

Veterinarian, National Animal Health

Programs, 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.

At the beginning of the 20th century,

bovine tuberculosis caused more losses

of livestock than all other livestock

diseases combined. This prompted the

establishment of the National

Cooperative State/Federal Bovine

Tuberculosis Eradication Program for

bovine tuberculosis in livestock.

Federal regulations implementing this

program are contained in 9 CFR part 77,

‘‘Tuberculosis’’ (referred to below as the

regulations), and in the ‘‘Uniform

Methods and Rules Bovine Tuberculosis

Eradication’’ (UMR), which is

incorporated by reference into the

regulations. The regulations restrict the

interstate movement of cattle, bison, and

captive cervids to prevent the spread of

tuberculosis. In this interim rule, we are

amending the regulations to establish

two tuberculosis classification zones in

Texas.

Note: On October 23, 2000, we published

a final rule in the Federal Register (65 FR

63501–63533, Docket No. 99–038–5) that

revised part 77 in its entirety. That final rule

is scheduled to become effective on

November 22, 2000. In describing the actions

to be taken in this interim rule, which also

becomes effective on November 22, 2000, we

will refer to the regulations as they appear in

our October 23, 2000, final rule.

Conditions for Zone Recognition

Under §§ 77.3 and 77.4 of the

regulations, in order to qualify for zone

classification by the Animal and Plant

Health Inspection Service (APHIS), the

State must meet the following

requirements:

1. The State must have adopted and

must be enforcing regulations that

impose restrictions on the intrastate

movement of cattle, bison, and captive

cervids that are substantially the same

as those in place in part 77 for the

interstate movement of those animals.

2. The designation of part of a State

as a zone must otherwise be adequate to

prevent the interstate spread of

tuberculosis.

3. The zones must be delineated by

the animal health authorities in the

State making the request for zone

Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations 70285

recognition and must be approved by

the APHIS Administrator.

4. The request for zone classification

must demonstrate that the State has the

legal and financial resources to

implement and enforce a tuberculosis

eradication program and has 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.

5. The request for zone classification

must demonstrate that the State

maintains, in each intended zone,

clinical and epidemiological

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.

6. 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.

Request for Zone Recognition in Texas

In our October 23, 2000, final rule, we

classified the entire State of Texas as

modified accredited advanced with

regard to cattle and bison and as

modified accredited with regard to

captive cervids. However, we have

received from the State of Texas a

request for zone recognition in which

State animal health officials

demonstrate that Texas meets the

requirements listed above for zone

recognition. Therefore, in this interim

rule, we are recognizing two zones in

Texas as described below.

1. The smaller of the two zones is

bounded as follows: Beginning at the

point where the Hudspeth-El Paso

County line intersects U.S. Highway 62;

then west along U.S. Highway 62 to its

intersection with the El Paso city limits;

then southwest along the El Paso city

limits to the Rio Grande River; then

southeast along the Rio Grande River to

the Fort Hancock-El Porvenir Bridge;

then northeast along an imaginary line

to Interstate 10; then northwest along

Interstate 10 to its intersection with the

Hudspeth-El Paso County line; then

north along the Hudspeth-El Paso

County line to the point of beginning.

2. The second zone in Texas consists

of the rest of the State.

With regard to cattle and bison, State

animal health officials in Texas have

demonstrated to APHIS that, except for

the smaller zone, Texas meets the

criteria for accredited-free status set

forth in the definition of accredited-free

State or zone in § 77.5 of the

regulations. In accordance with these

conditions, Texas has demonstrated that

the larger zone has zero percent

prevalence of affected cattle or bison

herds and has had no findings of

tuberculosis in any cattle or bison herds

for the past 5 years. Additionally, the

State complies with the conditions of

the UMR.

State animal health officials in Texas

have demonstrated that the smaller zone

meets the criteria for modified

accredited advanced status for cattle

and bison set forth in the definition of

modified accredited advanced State or

zone in § 77.5 of the regulations.

According to those criteria, the

Administrator, upon his or her review,

may classify a State or zone as modified

accredited advanced—depending on the

veterinary infrastructure, livestock

demographics, and tuberculosis control

and eradication measures in the State or

zone—if the State or zone has fewer

than 30,000 herds total and, of those, no

more than 3 are affected herds for each

of the most recent 2 years. Within the

smaller zone in Texas, there are a total

of approximately 17 cattle herds and no

bison herds. Of those cattle herds, two

are known to be affected with

tuberculosis, and Texas is conducting

an aggressive program to eradicate the

disease in the zone. There are no known

affected herds in the remainder of the

State. Under those conditions, the

Administrator has determined that the

smaller zone in Texas qualifies for

modified accredited advanced status

with regard to cattle and bison.

With regard to captive cervids,

because both of the zoned areas in Texas

continue to qualify as modified

accredited, in § 77.26 we continue to list

Texas in its entirety as a modified

accredited State.

Correction

We are amending § 77.9(b) to correct

an omission in our October 23, 2000,

final rule. Section 77.9 contains

provisions pertaining to modified

accredited advanced States and zones.

In § 77.9(b), the word ‘‘advanced’’ was

omitted. We are adding the word

‘‘advanced’’ to § 77.9(b).

Emergency Action

This rulemaking is necessary on an

emergency basis to establish two zones

with separate tuberculosis risk

classifications in Texas with regard to

cattle and bison. Failure to provide

‘‘split-State status’’ in Texas with regard

to tuberculosis on an emergency basis

could increase the likelihood of the

spread of that disease by reducing the

incentive for Texas to stringently restrict

movement of tuberculosis-susceptible

animals from high-risk areas within the

State and to implement effective

containment and eradication measures.

Under these circumstances, the

Administrator has determined that prior

notice and opportunity for public

comment are contrary to the public

interest and that there is good cause

under 5 U.S.C. 553 for making this rule

effective less than 30 days after

publication in the Federal Register.

We will consider comments that are

received on or before January 22, 2001.

After the comment period closes, we

will publish another document in the

Federal Register. The document will

include a discussion of any comments

we receive and any amendments we are

making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

Bovine tuberculosis is a

communicable disease of cattle, bison,

cervids and other species, including

humans, and results in losses in meat

and milk production among infected

animals. As part of the Cooperative

State/Federal Tuberculosis Eradication

Program, which has virtually eliminated

bovine tuberculosis from the Nation’s

livestock populations, the regulations

classify each State according to its

tuberculosis risk and place certain

restrictions on the movement of cattle

and bison from States with high-risk

classifications. In this interim rule, we

are dividing Texas into two separate

zones for the purpose of tuberculosis

risk classification. One of these zones

will be classified as accredited-free with

regard to cattle and bison; the other will

be classified as modified accredited

advanced. We discuss below the

projected effects of this regulatory

action.

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

percent of these operations were small

businesses with annual gross receipts 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.

70286 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

Under the regulations in part 77, each

State is assigned one of five risk

classifications: Accredited-free,

modified accredited advanced, modified

accredited, accreditation preparatory, or

nonaccredited. In our October 23, 2000,

final rule, we classified the entire State

of Texas as modified accredited

advanced with regard to cattle and

bison. In this interim rule, we are

classifying most of Texas as accreditedfree with regard to cattle and bison and

a portion of El Paso and Hudspeth

Counties, TX, as modified accredited

advanced. We analyze below the

expected effect of changing Texas from

one statewide classification of modified

accredited advanced with regard to

cattle and bison to two separate zone

classifications—one of accredited-free

and one of modified accredited

advanced.

Under the three-tier classification that

remains in effect until the November 22,

2000, effective date of the October 23,

2000, final rule, the entire State of Texas

is classified as modified accredited,

which means that cattle not known to be

infected with or exposed to tuberculosis

may be moved interstate from anywhere

in Texas without restriction. Although

the October 23, 2000, final rule

classifies the State of Texas as modified

accredited advanced, this interim rule,

which classifies most of the State of

Texas as an accredited-free zone, also

becomes effective on November 22,

2000. Because cattle or bison that

originate in an accredited-free zone may

be moved interstate without restriction,

there will be, for all practical purposes,

no change in the restrictions that apply

to the interstate movement of cattle and

bison from the accredited-free zone

established in this interim rule.

Additional testing and identification

requirements will, however, apply to

the interstate movement of certain cattle

and bison that originate in the modified

accredited advanced zone that we are

establishing in El Paso and Hudspeth

Counties, TX. Specifically, for interstate

movement of cattle or bison from a

modified accredited advanced State or

zone, the regulations require sexually

intact cattle and bison not from an

accredited herd to have one negative

test within 60 days prior to being moved

interstate and also require that they be

officially identified. Additionally,

sexually intact heifers moved to an

approved feedlot, steers, and spayed

heifers must be either officially

identified or identified to a premises of

origin before they can be moved

interstate.

As of January 1999, there were about

153,000 cattle herds in Texas with 14.9

million cattle, valued at $7.1 billion. (In

addition, there were 40 operations with

bison, with a total of 1,370 animals.) In

the portion of El Paso and Hudspeth

Counties, TX, that we are establishing as

a modified accredited advanced zone in

this interim rule, there are

approximately 17 cattle herds totaling

approximately 12,000 to 13,000 head.

There are no bison herds. Of the cattle

in this zone, only approximately 1,000

are expected to require testing to be

moved interstate. Another 120 are

expected to require identification but no

testing.

The approximate per-animal testing

cost is $4.30, compared to an average

sale value of approximately $600 for a

head of cattle. The cost of official

identification by applying an eartag is

about $0.50 per head.

Applying the unit testing and

identification costs to the number of

animals that are likely to require testing

and identification, or simply

identification, to be eligible for

movement from the modified accredited

advanced zone yields the approximate

economic effect of this interim rule. The

testing cost is projected to be no more

than $4,300 annually, and the

identification cost is projected to be no

more than $560, for a total estimated

annual testing and identification cost in

Texas of no more than $4,860. This cost

is relatively small when compared to

the total size and significance of the

cattle and bison industry in Texas and

in the United States overall.

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 interim rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts

all State and local laws and regulations

that are in conflict with this rule; (2) has

no retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This interim rule contains no new

information collection or recordkeeping

requirements under the Paperwork

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

et seq.).

List of Subjects in 9 CFR Part 77

Animal diseases, Bison, Cattle,

Reporting and recordkeeping

requirements, Transportation,

Tuberculosis.

Accordingly, we are amending 9 CFR

part 77 as follows:

PART 77—TUBERCULOSIS

1. The authority citation for part 77

continues to read as follows:

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

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

2.80, and 371.4.

2. Section 77.7 is amended by revising

paragraph (b) to read as follows:

§ 77.7 Accredited-free States or zones.

* * * * *

(b) The following are accredited-free

zones: All of the State of Texas except

for the zone that comprises those

portions of El Paso and Hudspeth

Counties, TX, described in § 77.9(b).

* * * * *

3. Section 77.9 is amended by revising

paragraphs (a) and (b) to read as follows:

§ 77.9 Modified accredited advanced

States or zones.

(a) The following are modified

accredited advanced States: None.

(b) The following are modified

accredited advanced zones: A zone in

Texas delineated as follows: Beginning

at the point where the Hudspeth-El Paso

County line intersects U.S. Highway 62;

then west along U.S. Highway 62 to its

intersection with the El Paso city limits;

then southwest along the El Paso city

limits to the Rio Grande River; then

southeast along the Rio Grande River to

the Fort Hancock-El Porvenir Bridge;

then northeast along an imaginary line

to Interstate 10; then northwest along

Interstate 10 to its intersection with the

Hudspeth-El Paso County line; then

north along the Hudspeth-El Paso

County line to the point of beginning.

* * * * *

Done in Washington, DC, this 16th day of

November 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–29832 Filed 11–21–00; 8:45 am]

BILLING CODE 3410–34–U