[Federal Register: July 2, 2004 (Volume 69, Number 127)]
[Proposed Rules]
[Page 40329-40330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy04-16]
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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 40329]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 02-111-1]
Tuberculosis; Amend the Definition of Affected Herd
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the tuberculosis regulations by
removing the two different definitions of affected herd and replacing
them with a single, updated definition. This action is necessary
because the definitions that appear in the regulations are out-of-date
and inconsistent. This action would provide more clarity to the
regulations.
DATES: We will consider all comments that we receive on or before
August 31, 2004.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 02-111-1,
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. 02-111-1.
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. 02-111-1'' on the subject
line.
Agency Web Site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html
for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: 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.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Terry Beals, National Tuberculosis
Program Coordinator, Eradication and Surveillance Team, National Center
for Animal Health Programs, VS, APHIS, 4020 N. Lincoln Blvd., Suite
101, Oklahoma City, OK 73105; (405) 427-2998.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is a contagious and infectious granulomatous
disease caused by Mycobacterium bovis. It affects cattle, bison, deer,
elk, goats, and other warm-blooded species, including humans.
Tuberculosis in infected animals and humans manifests itself in lesions
of the lung, lymph nodes, bone, and other body parts, causes weight
loss and general debilitation, and can be fatal. At the beginning of
the past century, 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 tuberculosis in livestock. Through this program, the Animal
and Plant Health Inspection Service (APHIS) works cooperatively with
the national livestock industry and State animal health agencies to
eradicate tuberculosis from domestic livestock in the United States and
prevent its recurrence.
Federal regulations implementing this program are contained in 9
CFR part 77, ``Tuberculosis'' and in the ``Uniform Methods and Rules--
Bovine Tuberculosis Eradication'' (UMR), January 22, 1999, edition,
which is incorporated by reference into the regulations in part 77. The
regulations restrict the interstate movement of cattle, bison, and
captive cervids to prevent the spread of bovine tuberculosis. Subpart A
of part 77 (Sec. Sec. 77.1-77.4) contains general provisions of the
tuberculosis regulations such as definitions; subpart B (Sec. Sec.
77.5-77.19) contains specific provisions regarding cattle and bison;
and subpart C (Sec. Sec. 77.20-77.41) contains specific provisions
regarding captive cervids.
Currently, there are two definitions of affected herd in part 77.
In Sec. 77.5, affected herd is defined as ``a herd in which
tuberculosis has been disclosed in any cattle or bison by an official
tuberculin test or by post mortem examination.'' In Sec. 77.20,
affected herd is defined as ``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.''
We are proposing to remove these two definitions, which are out-of-
date and inconsistent, and replace them with a new definition that
would apply to cattle, bison, and captive cervids and be consistent
with that in the UMR.
We would define affected herd as ``a herd of livestock in which
there is strong and substantial evidence that Mycobacterium bovis
exists. This evidence should include, but is not limited to, any of the
following: Epidemiologic evidence, histopathology, polymerase chain
reaction (PCR) assay, bacterial isolation or detection, testing data,
or association with known sources of infection.'' This single
definition, which matches the definition in the UMR, would provide more
clarity to the regulations. In addition, the proposed definition would
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make the regulations more consistent with the UMR.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
We are proposing to amend the tuberculosis regulations by removing
the two different definitions of affected herd and replacing them with
a single, updated definition. This action is necessary because the
definitions that appear in the regulations are out-of-date and
inconsistent. This action would provide more clarity to the
regulations.
No economic benefits of costs are associated with this action,
which would simply update and clarify our definition of affected herd.
This action would have no effects on small entities, other Federal
agencies, State governments, or local governments.
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 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.
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. Section 77.2 would be amended by adding, in alphabetical order,
a definition of affected herd to read as follows:
Sec. 77.2 Definitions.
* * * * *
Affected herd. A herd of livestock in which there is strong and
substantial evidence that Mycobacterium bovis exists. This evidence
should include, but is not limited to, any of the following:
Epidemiologic evidence, histopathology, polymerase chain reaction (PCR)
assay, bacterial isolation or detection, testing data, or association
with known sources of infection.
* * * * *
Sec. Sec. 77.5 and 77.20 [Amended]
3. Sections 77.5 and 77.20 would be amended by removing the
definitions of affected herd.
Done in Washington, DC, this 29th day of June 2004.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-15072 Filed 7-1-04; 8:45 am]
BILLING CODE 3410-34-P