[Federal Register: March 22, 2004 (Volume 69, Number 55)]
[Rules and Regulations]
[Page 13218-13219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr04-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 03-072-2]
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 requirements in those regulations until September 20,
2003. We subsequently extended that delay in the date for compliance
until March 30, 2004. With this action, we are delaying the date for
compliance until further notice. (See ``Delay in Compliance'' under
SUPPLEMENTARY INFORMATION.)
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
delayed until further notice.
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 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
[[Page 13219]]
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 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). Finally, in a document published in
the Federal Register on August 8, 2003 (68 FR 47201-47202, Docket No.
03-072-1), we extended the delay in the date for compliance until March
30, 2004.
The specific provisions of Sec. 77.10 that have a delayed
compliance date are:
The identification of sexually intact heifers
moving to approved feedlots and steers and spayed heifers moving to any
destination (Sec. 77.10(b));
The identification requirements for sexually
intact heifers moving to feedlots that are not approved feedlots (Sec.
77.10(d)); and
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. We are developing a proposed rule to amend the
regulations as a result of those comments; in order to provide time for
that rulemaking to proceed, we are further delaying the date for
compliance with the identification and certification requirements of
Sec. 77.10(b) and (d) for nonbreeding cattle from the States of Texas,
California, and New Mexico, until further notice. 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 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 16th day of March, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-6326 Filed 3-19-04; 8:45 am]
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