This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

25135

Vol. 61, No. 98

Monday, May 20, 1996

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 50 and 77

[Docket No. 94–133–2]

Tuberculosis in Cattle, Bison, and

Cervids; Payment of Indemnity

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are adopting as a final

rule, with one change, an interim rule

that amended the regulations to provide

for the payment of indemnity for cervids

destroyed because of tuberculosis, and

to provide for the payment of indemnity

for cattle, bison, and cervids found to

have been exposed to tuberculosis by

reason of association with any

tuberculous livestock. The interim rule

was necessary to encourage owners to

rapidly remove cattle, bison, and

cervids affected with and exposed to

tuberculosis from their herds. Rapid

removal of such cattle, bison, and

cervids will help protect other cattle,

bison, and cervids from tuberculosis

and will facilitate tuberculosis

eradication efforts in the United States.

The interim rule also amended the

regulations to deny claims for

indemnity for depopulation of cattle,

bison, and cervid herds unless other

exposed livestock in the herd have been

destroyed. This action was necessary to

help ensure that when cattle, bison, and

cervids in a herd are depopulated, other

livestock do not remain as potential

sources of infection when the owner

restocks the herd with healthy animals.

EFFECTIVE DATE: June 19, 1996.

FOR FURTHER INFORMATION CONTACT: Dr.

Mitchell A. Essey, Senior Staff

Veterinarian, Cattle Diseases and

Surveillance, VS, APHIS, Suite 3B08,

4700 River Road Unit 36, Riverdale, MD

20737–1231, (301) 734–8715.

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis (referred to below

as tuberculosis) is a serious

communicable disease of cattle, bison,

and other species, including humans,

caused by Mycobacterium bovis.

Tuberculosis causes weight loss, general

debilitation, and sometimes death. The

regulations in 9 CFR part 50 provide for

payment of Federal indemnity to

owners of certain cattle, bison, or swine

destroyed because of tuberculosis.

In an interim rule effective and

published in the Federal Register on

July 24, 1995 (60 FR 37804–37810,

Docket No. 94–133–1), the Animal and

Plant Health Inspection Service (APHIS)

amended the tuberculosis regulations in

9 CFR part 50 to provide for the

payment of indemnity for cervids

destroyed because of tuberculosis, at

rates not to exceed $750 for any reactor

cervid and $450 for any exposed cervid.

In conjunction with this action, we

amended the regulations to make the

provisions that apply to cattle and bison

also apply to cervids, where

appropriate. These provisions include

recordkeeping, procedures for claiming

indemnity, and claims not allowed.

These provisions also include

identification of reactor and exposed

cervids to be moved interstate to

slaughter. The interim rule required that

reactor cervids be identified by branding

the letter ‘‘T’’ high on the left hip near

the tailhead and at least 5 by 5

centimeters (2 by 2 inches) in size and

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 that

exposed cervids be identified by

branding the letter ‘‘S’’ high on the left

hip near the tailhead and at least 5 by

5 centimeters (2 by 2 inches) in size and

by attaching to the left ear an approved

metal eartag bearing a serial number. As

an alternative to branding, we allowed

exposed cervids to be moved interstate

to slaughter without branding if they are

either accompanied directly to slaughter

by an APHIS or State representative or

moved directly to slaughter in vehicles

closed with official seals applied and

removed by an APHIS representative,

State representative, accredited

veterinarian, or an individual

authorized for this purpose by an APHIS

representative. For reactor cervids, we

allowed the same movement without

branding as for exposed cervids, if the

reactors are identified by a ‘‘TB’’

tattooed on the left ear and with yellow

paint sprayed on the left ear.

We also amended the regulations to

provide for the payment of indemnity

for cattle, bison, and cervids found to

have been exposed to tuberculosis by

reason of association with any

tuberculous livestock, not just by reason

of association with tuberculous cattle

and bison. Finally, we amended the

regulations to deny claims for

indemnity for depopulation of cattle,

bison, and cervid herds unless other

exposed livestock in the herd have been

destroyed.

Comments on the interim rule were

required to be received on or before

September 22, 1995. We received 50

comments by that date. They were from

cervid producers and cervid producer

associations, other livestock producers,

veterinary associations, and animal

welfare groups. Forty-eight of the

comments supported the interim rule

without change; two were opposed to

the interim rule. The objections raised

by the two comments opposed to the

rule are discussed below.

Both of the opposing comments were

against the interim rule because it

concerns the farming of cervids, and the

commenters oppose any activities

involving the confinement and breeding

of wild animals. One commenter stated

that ‘‘by offering to pay businesses to

slaughter off those captive cervids who

test positive for tuberculosis, or who are

exposed to the disease, APHIS, in fact,

ensures that the confinement and

breeding of cervids shall not only

continue, but also become more

profitable, and, inevitably, more

widespread.’’

The commenters gave two reasons for

objecting to the farming of cervids. One

is that they claim the farming of wildlife

is ecologically irresponsible. They argue

that cervids do not have a long history

of domestication and breeding for

docility, making them ill-suited for

captivity; and, the existence of deer

farms encourages the public to view

wildlife as private property,

undermining efforts to protect wildlife

in its natural habitat. The second reason

is that they claim the farming of wildlife

is epidemiologically unwise because it
25136 Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations

facilitates disease transfer between wild

and domestic species. We have made no

changes based on these comments.

The practice of raising deer and elk

for agricultural purposes has existed for

thousands of years and is considered an

established and legitimate agricultural

activity. Deer have been farmed in

China since before 3000 B.C. The

Romans were active game ranchers, and

deer and elk farming is today a standard

agricultural practice in Europe.

Breeding and production of deer, elk,

and other cervids has taken place in the

United States since at least the 1930’s.

It is true that the last 20 years has seen

a marked increase in the number of

captive cervid farms and ranches. There

are currently more than 1,600 deer and

elk owners in the United States, raising

about 250,000 head. This may account

for the increase in the number of M.

bovis cases discovered in captive cervid

herds in the last decade. It is not APHIS’

mission, nor is it within our authority,

to prohibit what is considered a

legitimate agricultural practice. If

APHIS were to ignore discoveries of

tuberculosis in captive cervids, the

consequences for all U.S. livestock, and

for wild cervids and other wildlife that

can contract tuberculosis, would be

devastating. The mission of APHIS is to

ensure the health of all livestock in the

United States. The indemnity paid to

ranchers who must sacrifice tuberculous

livestock is not enough to help make

their businesses more profitable—the

slaughter of diseased livestock always

results in monetary loss to an owner.

The payment may enable the ranchers to

restock their herds, but also will

encourage owners who may not

otherwise depopulate a tuberculous

herd for fear of monetary loss to

slaughter their animals knowing they

will receive partial compensation. The

payment of indemnity to owners of

reactor and exposed cervids is very

important not only to achieve

tuberculosis-free herds of captive

cervids, but for the health of all U.S.

livestock and for the health of U.S.

wildlife.

One of the opposing commenters

asked that, if APHIS does choose to

make the interim rule final, we amend

it to eliminate the need for branding by

requiring that all reactor and exposed

cervids moved interstate to slaughter be

accompanied by an APHIS or State

representative or be moved in vehicles

closed with official seals applied and

removed by an APHIS representative, a

State representative, an accredited

veterinarian, or an individual

authorized for this purpose by an APHIS

representative. We have made no

changes based on this comment.

It is our belief that most cervid

owners will choose to move their

animals to slaughter without branding

using one of the options provided in the

interim rule. Branding a herd of

livestock is time-consuming, difficult,

and costly because of the effort and

personnel needed to restrain each

animal. This is even more true for

cervids than for other livestock because,

as one commenter pointed out, cervids

are powerful, flighty, and easily

frightened animals requiring firmer

restraint than most domesticated cattle

and posing a safety risk to anyone

handling them. It is far easier to simply

herd the animals into a truck which is

then sealed by the APHIS

representative, State representative, or

accredited veterinarian who identified

the herd. However, there are always

circumstances under which it is

impractical or unfeasible for owners to

move their animals in this manner, such

as lack of a proper vehicle,

unavailability of APHIS or State

personnel, or inability to market the

animals immediately. Under such

circumstances, it would be necessary for

owners to have the cervids branded.

The commenter further asked that, if

we do not make the change requested

above, we amend the interim rule by

replacing the requirement that cervids

be marked with a hot-iron brand with a

requirement that allows for any method

of marking (specifically, freezebranding) that produces permanence

and legibility by the time of an animal’s

shipment to slaughter, even if the mark

is not instantly recognizable upon

application. We have made no changes

based on this comment.

This rulemaking concerns animals

that have responded to a test for

tuberculosis, or are known to have been

exposed to an animal that has

responded to a test for tuberculosis.

Because tuberculosis is such a

destructive disease, it is imperative that

such animals be either identified

immediately or moved to slaughter in

such a manner that there is no

significant risk the animals will be

diverted from their destination. For this

reason we did not propose to allow

marking methods (such as freezebranding) that are not instantly

recognizable for identifying tuberculosis

reactor and exposed cervids. The

necessity for an instantly recognizable

mark is so that the animals are not

unknowingly commingled with healthy

animals after they leave the premises

where they were identified for

slaughter. Even if the ‘‘instantly

recognizable’’ requirement were to be

waived to allow freeze-branding, the

owners of reactor or exposed cervids

would have to keep those animals under

quarantine for the 18–21 days that it

takes for the mark to become visible.

That extra time on the farm would

increase the chances that healthy

animals might become exposed or

infected. A central goal of the

tuberculosis eradication program is to

identify diseased animals and get them

away from other animals before the

disease can spread. To require the

animals to be kept on the farm runs

counter to that goal. The owners of the

quarantined cervids would also be

subject to economic losses associated

with feeding and caring for the animals,

potential decreases in market prices,

and animals dying before sale.

The commenter pointed out that the

tattoo mark that the interim rule allows

for reactor cervids moved to slaughter in

sealed vehicles is instantly recognizable,

and that we should allow this method

of marking for exposed cervids, as well.

The tattoo mark in the ear of reactor

cervids moved to slaughter in a sealed

vehicle is an added precaution to ensure

that a tuberculosis reactor is not sold for

any purpose other than slaughter.

There are problems with tattooing that

prevent us from offering it as a general

alternative to branding for all diseaseaffected animals. One is that the tattoo

must be on skin (not hair) in order to be

legible. We have chosen the inside of

the ear as the most accessible and

reliable area on which to place a tattoo.

However, unlike a brand, which can be

applied and spotted more easily, the

animal’s head must be restrained in

order to tattoo the ear, and in order to

see the tattoo at a later time. Yellow

paint on the ear can help identify an

animal which has a ‘‘TB’’ tattoo, but it

is not foolproof, as paint can wear or rub

off. For these reasons, we have chosen

to confine the use of a tattoo as disease

identification to tuberculosis reactors

that are moved to slaughter in sealed

vehicles.

Miscellaneous Change

As stated previously, the interim rule

required that reactor cervids be

identified by a brand and by attaching

to the left ear an approved metal eartag

bearing a serial number and the

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

State reactor tag; and that exposed

cervids be identified by a brand and by

attaching to the left ear an approved

metal eartag bearing a serial number. We

recently published a final rule that

required the same identification for

tuberculosis reactor and exposed cattle

and bison (Docket No. 95–006–2, 60 FR

48362–48369, published September 19,

1995).
Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations 25137

Although not mentioned in any

comments we received on this interim

rule or on the final rule for cattle and

bison, it has nevertheless come to our

attention that the requirement that

exposed cattle, bison, and cervids be

tagged on the left ear needs to be revised

to allow the eartag to be attached to

either ear. The eartag attached to reactor

cattle, bison, and cervids bears the

inscription ‘‘U.S. Reactor’’, and has

historically been attached to the left ear

to help quickly differentiate reactors

from other cattle, bison, and cervids.

The eartag attached to exposed cattle,

bison, and cervids is not a special

eartag, but is the same eartag used to

identify any animal that has been tested

for tuberculosis. Historically, we have

not specified to which ear the tag

should be attached, and in some cases,

it has been policy to attach all eartags

except reactor tags to the right ear.

Veterinarians and cattle, bison, and

cervid owners have been used to

attaching non-reactor eartags to either

ear, and we have experienced no

problems with this system.

Therefore, to avoid confusion, we are

revising the interim rule to allow

exposed cervids to be identified by

attaching to either ear an approved

metal eartag bearing a serial number. We

are also revising the regulations in 9

CFR part 50 and part 77, concerning

tuberculosis in cattle and bison, to allow

exposed cattle and bison to be identified

by attaching to either ear an approved

metal eartag bearing a serial number.

Therefore, based on the rationale set

forth in the interim rule and in this

document, we are adopting the

provisions of the interim rule as a final

rule, with the change 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.

This document makes final an interim

rule effective and published in the

Federal Register on July 24, 1995 (60 FR

37804–37810, Docket No. 94–133–1). As

part of the interim rule document, we

performed an Initial Regulatory

Flexibility Analysis, in which we

invited comments concerning potential

effects of the interim rule. We stated

that we were particularly interested in

determining the number and kind of

small entities that might incur benefits

or costs from implementation of the

rule. None of the comments we received

on the interim rule addressed our Initial

Regulatory Flexibility Analysis, and

none provided any information of the

type we requested. We have therefore

based this Final Regulatory Flexibility

Analysis on the data available to us.

The interim rule provided for the

payment of indemnity for the

destruction of tuberculosis reactor

cervids, at the rate of up to $750 per

head. The interim rule also provided for

the payment of indemnity for cervids,

cattle, or bison that are destroyed

because of tuberculosis after being

exposed to any tuberculous livestock, at

the rate of up to $450 per head. These

are the same rates currently provided in

the regulations for tuberculosis reactor

cattle and bison and for cattle and bison

exposed to tuberculous cattle and bison.

The interim rule was necessary to

encourage owners to rapidly remove

cattle, bison, and cervids affected with

and exposed to tuberculosis from their

herds, thereby facilitating tuberculosis

eradication efforts in the United States.

Depopulation of tuberculous cattle,

bison, and cervids is voluntary.

Cervid producers affected by this rule

would be primarily producers of deer

and elk. There are approximately 1,600

deer and elk producers in the United

States, raising about 250,000 head under

controlled farm conditions. Holdings

vary in size and degree of

commercialization, but almost all deer

and elk producers can be classified as

small businesses (defined by the Small

Business Administration as having less

than $0.5 million annual gross receipts).

However, many producers rely on other

sources of income (such as dairy

farming or beef cattle ranching) for their

livelihoods.

In general, elk producers concentrate

on building up their herds, with most

newborns retained as breeding stock.

However, a fair market value for a heifer

elk is between $4,000 and $5,000.

Annual income is earned from the sale

of antlers cut in the velvet stage of

growth. The antlers sell for about $65

per pound, and a single bull elk can

produce an average of 18 pounds of

antlers per year, for more than 10 years.

Thus, a gross income of $1,000 or more

can be derived per year from a bull elk.

The value per animal is lower for deer

than for elk, and varies by species.

Currently, at private sales, prices for

good quality fallow does and bucks

range between $500 and $1,000. Young

deer command only $300 to $500 per

head. Slightly lower prices prevail at

public auctions.

Destruction of cervid herds affected

with tuberculosis is voluntary on the

part of the owners. The indemnity

payments of up to $750 per head for

reactor cervids and up to $450 per head

for exposed cervids will partially

compensate cervid producers for lost

income incurred by the destruction of

the animals. These indemnity payments

could provide a significant incentive for

the owners of these herds to destroy the

tuberculous animals. Although the

indemnity payments will not

completely cover the monetary losses

resulting from whole herd

depopulation, the payments will

significantly reduce losses for deer and

elk producers.

The alternative to the interim rule

would have been to take no action. We

did not consider taking no action a

reasonable alternative because, without

the economic incentive of Federal

compensation for destroyed animals,

owners would be more likely to allow

tuberculosis infection to persist in their

herds.

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 12778

This rule has been reviewed under

Executive Order 12778, 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

0579–0084.

List of Subjects

9 CFR Part 50

Animal diseases, Bison, Cattle, Hogs,

Indemnity payments, Reporting and

recordkeeping requirements,

Tuberculosis.

9 CFR Part 77

Animal diseases, Bison, Cattle,

Reporting and recordkeeping

requirements, Transportation,

Tuberculosis.

Accordingly, 9 CFR parts 50 and 77

are amended as follows:
25138 Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and Regulations

PART 50—ANIMALS DESTROYED

BECAUSE OF TUBERCULOSIS

1. The authority citation for part 50

continues to read as follows:

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

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

2.80, and 371.2(d).

§ 50.6 [Amended]

2. In § 50.6, paragraphs (b) and (e), the

words ‘‘the left ear’’ are removed from

the first sentence of each paragraph and

the words ‘‘either ear’’ are added in

their place.

PART 77—TUBERCULOSIS

3. 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 371.2(d).

§ 77.5 [Amended]

4. In § 77.5, paragraph (b)(1), the

words ‘‘the left ear’’ are removed and

the words ‘‘either ear’’ are added in

their place.

Done in Washington, DC, this 14th day of

May 1996.

Lonnie J. King,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 96–12623 Filed 5–17–96; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 28564; Amdt. No. 1726]

Standard Instrument Approach

Procedures; Miscellaneous

Amendments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes,

amends, suspends, or revokes Standard

Instrument Approach Procedures

(SIAPs) for operations at certain

airports. These regulatory actions are

needed because of the adoption of new

or revised criteria, or because of changes

occurring in the National Airspace

System, such as the commissioning of

new navigational facilities, addition of

new obstacles, or changes in air traffic

requirements. These changes are

designed to provide safe and efficient

use of the navigable airspace and to

promote safe flight operations under

instrument flight rules at the affected

airports.

DATES: An effective date for each SIAP

is specified in the amendatory

provisions.

Incorporation by reference-approved

by the Director of the Federal Register

on December 31, 1980, and reapproved

as of January 1, 1982.

ADDRESSES: Availability of matters

incorporated by reference in the

amendment is as follows:

For Examination—

1. FAA Rules Docket, FAA

Headquarters Building, 800

Independence Avenue SW.,

Washington, DC 20591;

2. The FAA Regional Office of the

region in which the affected airport is

located; or

3. The Flight Inspection Area Office

which originated the SIAP.

For Purchase—Individual SIAP

copies may be obtained from:

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800

Independence Avenue, SW.,

Washington, DC 20591; or

2. The FAA Regional Office of the

region in which the affected airport is

located.

By Subscription—Copies of all SIAPs,

mailed once every 2 weeks, are for sale

by the Superintendent of Documents,

U.S. Government Printing Office,

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Paul J. Best, Flight Procedures

Standards Branch (AFS–420), Technical

Programs Division, Flight Standards

Service, Federal Aviation

Administration, 800 Independence

Avenue SW., Washington, DC 20591;

telephone (202) 267–8722.

SUPPLEMENTARY INFORMATION: This

amendment to part 97 of the Federal

Aviation Regulations (14 CFR Part 97)

establishes, amends, suspends, or

revokes Standard Instrument Approach

Procedures (SIAPs). The complete

regulatory description of each SIAP is

contained in official FAA form

documents which are incorporated by

reference in this amendment under 5

U.S.C. 552(a), 1 CFR part 51, and § 97.20

of the Federal Aviation Regulations

(FAR). The applicable FAA Forms are

identified as FAA Forms 8260–3, 8260–

4, and 8260–5. Materials incorporated

by reference are available for

examination or purchase as stated

above.

The large number of SIAPs, their

complex nature, and the need for a

special format make their verbatim

publication in the Federal Register

expensive and impractical. Further,

airmen do not use the regulatory text of

the SIAPs, but refer to their graphic

depiction on charts printed by

publishers of aeronautical materials.

Thus, the advantages of incorporation

by reference are realized and

publication of the complete description

of each SIAP contained in FAA form

documents is unnecessary. The

provisions of this amendment state the

affected CFR (and FAR) sections, with

the types and effective dates of the

SIAPs. This amendment also identifies

the airport, its location, the procedure

identification and the amendment

number.

The Rule

The amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. Some

SIAP amendments may have been

previously issued by the FAA in a

National Flight Data Center (FDC)

Notice to Airmen (NOTAM) as an

emergency action of immediate flight

safety relating directly to published

aeronautical charts. The circumstances

which created the need for some SIAP

amendments may require making them

effective in less than 30 days. For the

remaining SIAPs, an effective date at

least 30 days after publication is

provided.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the U.S. Standard for

Terminal Instrument Approach

Procedures (TERPS). In developing

these SIAPs, the TERPS criteria were

applied to the conditions existing or

anticipated at the affected airports.

Because of the close and immediate

relationship between these SIAPs and

safety in air commerce, I find that notice

and public procedure before adopting

these SIAPs are impracticable and

contrary to the public interest and,

where applicable, that good cause exists

for making some SIAPs effective in less

than 30 days.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. For the same

reason, the FAA certifies that this

amendment will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.