[Federal Register: April 7, 2003 (Volume 68, Number 66)]
[Proposed Rules]
[Page 16733-16735]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap03-18]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 16733]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 02-112-1]
Tuberculosis in Cattle and Bison; State and Zone Designations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the bovine tuberculosis regulations
by establishing two separate zones with different tuberculosis risk
classifications in the State of Michigan and raising the designation of
one of those zones from modified accredited to modified accredited
advanced. We are proposing this action based on our determination that
Michigan meets the requirements for zone recognition and that one of
the zones meets the criteria for designation as modified accredited
advanced.
DATES: We will consider all comments that we receive on or before June
6, 2003.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-112-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-112-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-112-1'' on the subject line.
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.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Joseph VanTiem, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 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. We propose to amend the regulations to establish two
tuberculosis classification zones within Michigan.
Conditions for Zone Recognition
Under Sec. Sec. 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 restriction 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 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 the infrastructure,
laws, and regulations to 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 Michigan
Currently, the State of Michigan is classified as modified
accredited for cattle and bison. However, we have received from the
State of Michigan a request for zone recognition in which State animal
health officials demonstrate that Michigan meets the requirements
listed above for the requested zone recognition. Therefore, we propose
to recognize two zones in Michigan as follows:
[sbull] The smaller of the two zones would consist of Alcona,
Alpena, Cheboygan, Crawford, Emmet, Montmorency, Oscoda, Otsego, and
Presque Isle
[[Page 16734]]
Counties and those portions of Iosco and Ogemaw Counties that are north
of the southernmost boundary of the Huron National Forest and the Au
Sable State Forest.
[sbull] The second zone in Michigan would consist of the remainder
of the State.
The criteria for modified accredited advanced status are set forth
in the definition of Modified accredited advanced State or zone in
Sec. 77.5 of the regulations. According to those criteria, 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. State animal health officials in
Michigan have demonstrated to APHIS that, except for the smaller zone,
Michigan now meets these criteria.
The criteria for modified accredited status are set forth in the
definition of Modified accredited State or zone in Sec. 77.5 of the
regulations. According to those criteria, 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. State animal health officials in
Michigan have demonstrated to APHIS that the smaller zone meets these
criteria.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
Bovine tuberculosis is a communicable disease of cattle, bison,
cervids and other species, including humans, and results in losses of
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.
Currently, the State of Michigan is classified as modified
accredited for cattle and bison. We propose to amend the regulations to
establish two classification zones within Michigan. Alcona, Alpena,
Cheboygan, Crawford, Emmet, Montmorency, Oscoda, Otsego, and Presque
Isle Counties and those portions of Iosco and Ogemaw Counties that are
north of the southernmost boundary of the Huron National Forest and the
Au Sable State Forest would be classified as modified accredited. The
designation of the remaining counties in the State would be raised from
modified accredited to modified accredited advanced. We discuss below
the projected effects of the proposed action.
As of January 2002, there were approximately 15,500 cattle
operations in Michigan, totaling 990,000 head of cattle. According to
the National Agricultural Statistics Service, the reported total cash
value of cattle in Michigan is $900.9 million as of that year. Over 98
percent of Michigan's cattle operations yield less than $750,000 in
yearly revenues and are therefore considered small entities under
criteria established by the Small Business Administration.
For those counties or portions of counties in the smaller zone that
would remain under modified accredited status, there would be no change
in production costs. These 11 counties contribute approximately 63,100
head of cattle to the statewide total, representing only 6.4 percent of
total cattle production in Michigan. The counties or portions of
counties in the larger zone that would be raised from modified
accredited status to modified accredited advanced status would
experience fewer interstate movement restrictions associated with pre-
movement testing requirements. Decreased tuberculin testing would
result in decreased production costs for the affected producers, thus
providing the monetary benefit described below.
The approximate per head tuberculin testing cost is $6.33, based on
an average Michigan herd consisting of 60 animals. This is compared to
an average sale value of approximately $910 per head. Thus, savings
resulting from reduced testing represent less than 1 percent of the
per-head value. This benefit is relatively small when compared to the
total size and significance of the cattle and bison industry in
Michigan and the United States overall.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
This proposed 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 propose to amend 9 CFR part 77 as follows:
PART 77--TUBERCULOSIS
1. The authority citation for part 77 would continue to read as
follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
2. In Sec. 77.9, paragraph (b) would be revised to read as
follows:
Sec. 77.9 Modified accredited advanced States or zones.
* * * * *
(b) The following are modified accredited advanced zones: All of
the State of Michigan except for the zone that comprises those counties
or portions of counties in Michigan described in Sec. 77.11(b).
* * * * *
3. In Sec. 77.11, paragraphs (a) and (b) would be revised to read
as follows:
Sec. 77.11 Modified accredited States or zones.
(a) The following are modified accredited States: None.
(b) The following are modified accredited zones: A zone in Michigan
that comprises Alcona, Alpena, Cheboygan, Crawford, Emmet, Montmorency,
Oscoda, Otsego, and Presque Isle Counties and those portions of Iosco
and Ogemaw Counties that are north of the southernmost boundary of the
Huron National Forest and the Au Sable State Forest.
* * * * *
[[Page 16735]]
Done in Washington, DC, this 1st day of April, 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-8332 Filed 4-4-03; 8:45 am]
BILLING CODE 3410-34-P