[Federal Register: August 8, 2003 (Volume 68, Number 153)]
[Rules and Regulations]
[Page 47201-47202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au03-1]
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Rules and Regulations
Federal Register
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[[Page 47201]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 03-072-1]
Tuberculosis in Cattle and Bison; State and Zone Designations;
Delay of Compliance Date
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule; delay of compliance date.
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SUMMARY: When we amended the bovine tuberculosis regulations to
classify the States of Texas, California, and New Mexico as modified
accredited advanced, we delayed the date for compliance with certain
identification and certification requirements in those regulations
until September 30, 2003. In this action, we are further delaying the
date for compliance until March 30, 2004.
DATES: The date for complying with certain requirements of 9 CFR 77.10
for sexually intact heifers, steers, and spayed heifers moving
interstate from the States of Texas, California, and New Mexico is
March 30, 2004. (See ``Delay in Compliance'' under SUPPLEMENTARY
INFORMATION.)
FOR FURTHER INFORMATION CONTACT: Dr. Terry Beals, Senior Staff
Veterinarian, Eradication and Surveillance Team, National Center for
Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale,
MD 20737-1231; (301) 734-5467.
SUPPLEMENTARY INFORMATION:
Background
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), 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 bovine tuberculosis. Subpart B
of the regulations contains requirements for the interstate movement of
cattle and bison not known to be infected with or exposed to
tuberculosis. The interstate movement requirements depend upon whether
the animals are moved from an accredited-free State or zone, modified
accredited advanced State or zone, modified accredited State or zone,
accreditation preparatory State or zone, or nonaccredited State or
zone.
Under the regulations in Sec. 77.10, cattle and bison that
originate in a modified accredited advanced State or zone and that are
not known to be infected with or exposed to tuberculosis must meet
certain identification, certification, and testing requirements prior
to being moved interstate.
Delay in Compliance
We recently published several interim rules that amended the
regulations by changing the classification of the States of Texas,
California, and New Mexico from accredited free to modified accredited
advanced and that delayed compliance with certain provisions of Sec.
77.10 until September 30, 2003. The interim rule that amended the
classification of Texas was effective June 3, 2002, and published in
the Federal Register on June 6, 2002 (67 FR 38841-38844, Docket No. 02-
021-1); in a document published in the Federal Register on December 31,
2002, the compliance date for certain provisions of Sec. 77.10 was
extended from January 1, 2003, to September 30, 2003 (67 FR 79836-
79837, Docket No. 02-021-3). The interim rule that amended the
classification of California was effective and published in the Federal
Register on April 25, 2003 (68 FR 20333-20336, Docket No. 03-005-1).
The compliance date for certain provisions of Sec. 77.10 was September
30, 2003. The interim rule that amended the classification of New
Mexico was effective and published in the Federal Register on July 24,
2003 (68 FR 43618-43621, Docket No. 03-044-1). Again, the compliance
date for certain provisions of Sec. 77.10 was September 30, 2003.
The specific provisions of Sec. 77.10 that have a delayed
compliance date are:
[sbull] The identification of sexually intact heifers moving to
approved feedlots and steers and spayed heifers moving to any
destination (Sec. 77.10(b));
[sbull] The identification requirements for sexually intact heifers
moving to feedlots that are not approved feedlots (Sec. 77.10(d)); and
[sbull] Because identification is required for certification, the
certification requirements for sexually intact heifers moving to
unapproved feedlots (Sec. 77.10(d)).
Initially, we delayed the compliance with these requirements for
the State of Texas for two reasons. First, the size of the cattle
industry in Texas necessitated additional time to implement the
identification requirements of the regulations. Second, some cattle
that had begun moving through channels prior to the change in Texas'
tuberculosis status would not have been identified at their premises of
origin. In addition, we subsequently delayed the compliance date in
response to comments received on the interim rule that classified Texas
as modified accredited advanced and that also solicited comments on the
current regulatory provisions of the domestic bovine tuberculosis
eradication program. The compliance date was delayed for California and
New Mexico to provide equitable treatment for producers in California
and New Mexico.
Based on the comments that we received on the interim rule for
Texas, it appears that the tuberculosis risk associated with the
movement of nonbreeding cattle from modified accredited advanced States
or zones through feeder channels to slaughter is low and that
identification requirements for certain cattle destined for slaughter
may be unnecessary. Therefore, we are considering proposing several
changes to the regulations as a result of those comments and are
further delaying the date for compliance with the identification and
certification requirements of Sec. 77.10(b) and (d) for nonbreeding
cattle until March 30, 2004. As stated in the interim rule for Texas,
this delay in compliance does not apply to the movement of cattle from
the former modified accredited
[[Page 47202]]
advanced zone in El Paso and Hudspeth Counties, TX.
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Done in Washington, DC, this 5th day of August 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-20248 Filed 8-7-03; 8:45 am]
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