[Federal Register: July 22, 2005 (Volume 70, Number 140)]
[Rules and Regulations]
[Page 42259-42261]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy05-4]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 04-068-1]
Tuberculosis in Cattle and Bison; State and Zone Designations;
New Mexico
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the bovine tuberculosis regulations regarding
State and zone classifications by removing New Mexico from the list of
modified accredited advanced States, adding portions of two counties in
New Mexico to the list of modified accredited advanced zones, and
adding the remainder of the State to the list of accredited-free zones.
We are taking this action based on our determination that New Mexico
meets the requirements of the regulations for zone recognition and that
one of the zones meets the criteria for designation as accredited-free.
DATES: This interim rule is effective July 22, 2005. We will consider
all comments that we receive on or before September 20, 2005.
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. 04-068-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state your
comment refers to Docket No. 04-068-1.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
[[Page 42260]]
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 on the Internet at http://aphis.usda.gov/ppd/rad/webrepor.html
.
FOR FURTHER INFORMATION CONTACT: Dr. M.J. Gilsdorf, Director,
Eradication and Surveillance Team, National Center for Animal Health
Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231;
(301) 734-6954.
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'' (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.
Conditions for Zone Recognition
Under Sec. Sec. 77.3 and 77.4 of the regulations, in order to
qualify for zone classification by APHIS, the State must meet the
following requirements:
1. The State must have adopted and must be enforcing regulations
that impose restrictions 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 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 an infrastructure,
laws, and regulations that 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 Split-State Status in New Mexico
The State of New Mexico has been classified as modified accredited
advanced for cattle and bison. However, we have received from the State
of New Mexico a request for zone recognition in which State animal
health officials have demonstrated that New Mexico meets the
requirements listed above for the requested zone designation.
Therefore, in this interim rule, we are recognizing two zones in New
Mexico as described below.
1. The smaller of the two zones consists of portions of Curry and
Roosevelt Counties, NM.
2. The second zone in New Mexico consists of the rest of the State.
With regard to cattle and bison, State animal health officials in
New Mexico have demonstrated to APHIS that, except for the smaller
zone, New Mexico meets the criteria for accredited-free status set
forth in the definition of accredited-free State or zone in Sec. 77.5
of the regulations. In accordance with those conditions, New Mexico has
demonstrated that the larger zone has zero percent prevalence of
affected cattle or bison herds and has had no findings of tuberculosis
in any cattle or bison herds for the last 5 years. Additionally, the
State complies with the conditions of the UMR.
State animal health officials in New Mexico have demonstrated that
the smaller zone meets the criteria for modified accredited advanced
status for cattle and bison 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 classify a State or zone as modified accredited advanced--depending
on the veterinary infrastructure, livestock demographics, and
tuberculosis control and eradication measures in the State or zone--if
the State or zone has fewer than 30,000 herds total and, of those, no
more than 3 are affected herds for each of the most recent 2 years.
Within the smaller zone in New Mexico, there are two tuberculosis-
affected cattle herds and New Mexico is conducting an aggressive
program to eradicate the disease in the zone. There are no known
affected herds in the remainder of the State. Under those conditions,
the Administrator has determined that the smaller zone in New Mexico
qualifies for modified accredited advanced status with regard to cattle
and bison.
Providing zone recognition for New Mexico will allow cattle
producers in the State's accredited-free zone to move their cattle
without a tuberculosis test, thus saving time and money. This action
will therefore relieve restrictions that are no longer warranted, and
facilitate further efforts of the National Tuberculosis Eradication
Program.
Emergency Action
This rulemaking is necessary on an emergency basis to establish two
zones with separate tuberculosis risk classifications in New Mexico
with regard to cattle and bison. Failure to
[[Page 42261]]
provide ``split-State status'' in New Mexico with regard to
tuberculosis on an emergency basis could increase the likelihood of the
spread of that disease by reducing the incentive for New Mexico to
stringently restrict movement of tuberculosis-susceptible animals from
high-risk areas within the State and to implement effective containment
and eradication measures. Under these circumstances, the Administrator
has determined that prior notice and opportunity for public comment are
contrary to the public interest and that there is good cause under 5
U.S.C. 553 for making this rule effective less than 30 days after
publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This 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.
We are amending the bovine tuberculosis regulations regarding State
and zone classifications by removing New Mexico from the list of
modified accredited advanced States, adding portions of two counties in
New Mexico to the list of modified accredited advanced zones, and
adding the remainder of the State to the list of accredited-free zones.
We are taking this action based on our determination that New Mexico
meets the requirements of the regulations for zone recognition and that
one of the zones meets the criteria for designation as accredited-free.
In 2001, there were approximately 8,500 cattle and bison operations
in New Mexico, totaling 1.58 million head. According to the National
Agricultural Statistics Service, the Total cash value of cattle in New
Mexico was over $1.3 billion as of that year. Over 92 percent of New
Mexico's cattle operations yield less than $750,000 annually and are,
therefore, considered small entities under criteria established by the
Small Business Administration.
New Mexico is currently listed as a modified accredited advanced
State. This status requires that cattle, bison, dairy goats, and
cervids be tested for tuberculosis before they are moved interestate,
unless the animals are from an accredited-free herd. This rule will
reclassify nearly all of the counties in New Mexico as accredited-free
zones. Only a portion of land lying within Roosevelt and Curry Counties
will be classified as a modified accredited advanced zone. Thus,
ruminants moved to other States from New Mexico's accredited-free zone
will not require testing for tuberculosis prior to movement. Tuberculin
testing, including veterinary fees and handling expenses, costs about
$7.50 to $10 per test. Owners of these animals (other than owners of
previously accredited-free herds) will therefore benefit by no longer
having to bear the cost of the tuberculosis test. New Mexico producers
can be expected to collectively save between $590,000 and $985,000 as a
result of the upgrade in zone recognition.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
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 rule has been reviewed under Executive Order 12988, 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
This 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.
0
Accordingly, we are amending 9 CFR part 77 as follows:
PART 77--TUBERCULOSIS
0
1. The authority citation for part 77 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
2. In Sec. 77.7, paragraph (b) is revised to read as follows:
Sec. 77.7 Accredited-free States or zones.
* * * * *
(b) The following are accredited-free zones: All of the State of
New Mexico except for the zone that comprises those portions of Curry
and Roosevelt Counties, NM, described in Sec. 77.9(b)(2).
* * * * *
0
3. In Sec. 77.9, paragraphs (a) and (b) are revised to read as
follows:
Sec. 77.9 Modified accredited advanced States or zones.
(a) The following are modified accredited advanced States:
California and Texas.
(b) The following are modified accredited advanced zones:
(1) 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).
(2) The zone in New Mexico that comprises those portions of Curry
and Roosevelt Counties, NM, described as follows:
(i) Curry County (A) In T. 1 N., R. 34 E., of the New Mexico Prime
Meridian (NMPM): S\1/2\ sec. 1; S\1/2\ sec. 2; SW\1/4\ sec. 3; SE\1/4\
sec. 4; W\1/2\ sec. 5; W\1/2\SE\1/4\ sec. 8; S\1/2\NE\1/4\ sec. 9;
secs. 10 through 17; secs. 20 through 29; secs. 32 through 36.
(B) In T. 1 N., R. 35 E., of the NMPM: S\1/2\ sec. 6; secs. 7
through 9; S\1/2\ sec. 10; secs. 15 through 22; W\1/2\ sec. 23; W\1/2\
sec. 26; secs. 27 through 35.
(ii) Roosevelt County. (A) In T. 1 S., R. 34 E., of the NMPM: Secs.
1 through 5; secs. 9 through 14; secs. 23 through 26; secs. 35 through
36.
(B) In T. 1 S., R. 35 E., of the NMPM: Secs. 2 through 10; secs. 15
through 22; SW\1/4\ sec. 23; W\1/2\SE\1/4\ sec. 26; secs. 27 through
35.
(C) In T. 2 S., R. 34 E., of the NMPM: Secs. 1 and 2; secs. 11
through 13; N\1/2\SE\1/4\ sec. 14; N\1/2\SW\1/4\ sec. 23; N\1/2\SE\1/4\
sec. 24.
(D) In T. 2 S., R. 35 E., of the NMPM: Secs. 2 through 11; secs. 14
through 21; N\1/2\SW\1/4\ sec. 22; N\1/2\NW\1/4\ sec. 23; W\1/2\ sec.
30.
* * * * *
Done in Washington, DC, this 18th day of July, 2005.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-14445 Filed 7-20-05; 10:42 am]
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