[Federal Register: October 3, 2006 (Volume 71, Number 191)]
[Rules and Regulations]
[Page 58252-58254]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc06-4]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. APHIS-2006-0145]
Tuberculosis in Cattle and Bison; State and Zone Designations;
Texas
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 raising the designation of Texas from
modified accredited advanced to accredited-free. We have determined
that Texas meets the criteria for designation as an accredited-free
State.
DATES: This interim rule is effective September 29, 2006. We will
consider all comments that we receive on or before December 4, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0145 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0145, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0145.
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: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Kathy Orloski, Epidemiologist,
National Tuberculosis Eradication Program, National Center for Animal
Health Programs, VS, APHIS, 2150 Centre Avenue, Building B, M/S 3E20,
Fort Collins, CO 80526-8117, (970) 494-7221.
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,
[[Page 58253]]
accreditation preparatory State or zone, or nonaccredited State or
zone.
Request for Accredited-free Status in Texas
The entire State of Texas has been classified as modified
accredited advanced for cattle and bison since June 3, 2002. Prior to
that date, all of the State, except for a portion of El Paso and
Hudspeth Counties, had been classified as an accredited-free zone; the
zone in El Paso and Hudspeth Counties had been classified as modified
accredited advanced. However, we have received from the State of Texas
a request to be recognized as an accredited-free State for cattle and
bison.
With regard to cattle and bison, State animal health officials in
Texas have demonstrated to APHIS that Texas 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
these conditions, Texas has demonstrated that the zone within the State
that had been previously classified as accredited-free has zero percent
prevalence of affected cattle or bison herds and has had no findings of
tuberculosis in any cattle or bison herds in the 2 years since the
depopulation of the last affected herd in the zone. Similarly, with
respect to the zone in El Paso and Hudspeth Counties that was not
previously accredited-free, Texas has demonstrated that the 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
previous 5 years. Additionally, the State complies with the conditions
of the UMR.
Therefore, we are amending the regulations to remove Texas from the
list of modified accredited advanced States in Sec. 77.9(a) and adding
it to the list of accredited-free States in Sec. 77.7(a).
Nonsubstantive Correction
In Sec. 77.9(b), the words ``The following are modified accredited
advanced zones:'' appear as the introductory text of the paragraph and
are repeated at the beginning of paragraph (b)(1). We are amending
paragraph (b)(1) in this rule to eliminate that duplication.
Immediate Action
Immediate action is warranted to accurately reflect the current
tuberculosis status of Texas as an accredited-free State. This action
will provide prospective cattle and bison buyers with accurate and up-
to-date information, which may affect the marketability of cattle and
bison since some prospective buyers prefer to buy cattle and bison from
accredited-free States. 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 action 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 raising the designation of Texas from
modified accredited advanced to accredited-free. We have determined
that Texas meets the criteria for designation as an accredited-free
State.
Cattle or bison that originate in an accredited-free State or zone
may be moved interstate without restriction, whereas sexually intact
cattle and bison not from an accredited herd are required to have one
negative test within 60 days prior to being moved interstate from a
modified accredited advanced State or zone. Thus, raising Texas's
designation to accredited-free will eliminate the costs of that testing
for herd owners in the State. Tuberculosis testing, which includes
veterinary fees and handling expenses, costs approximately $10 to $15
per test. The average per-head value of cattle in Texas was $840 in
2005, so the cost of testing represented between 1.2 and 1.8 percent of
that average value. These cost savings, while beneficial, will not
represent a significant monetary savings. Of course, the more a
particular herd owner is involved in interstate movement, the greater
the cost savings will be.
Cattle and bison are moved interstate for slaughter, for use as
breeding stock, or for feeding. In 2002, there were 13.979 million
cattle and calves in Texas and approximately 122,194 farms with sales
of cattle and calves. Over 99 percent of herd owners would be
considered small businesses. Changing the status of Texas may enhance
the marketability of cattle and bison from the State, since some
prospective cattle and bison buyers prefer to buy cattle and bison from
accredited-free States. This may also result in some beneficial
economic impact on some small entities. However, based on our
experience in similar designations of other States, the impact should
not be significant.
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.
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Accordingly, we are amending 9 CFR part 77 as follows:
PART 77--TUBERCULOSIS
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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.
Sec. 77.7 [Amended]
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2. In Sec. 77.7, paragraph (a) is amended by adding the word
``Texas,'' immediately after the word ``Tennessee,''.
Sec. 77.9 [Amended]
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3. Section 77.9 is amended as follows:
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a. In paragraph (a), by removing the words ``and Texas''.
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b. In paragraph (b)(1), by removing the words ``The following are
modified accredited advanced zones:''.
[[Page 58254]]
Done in Washington, DC, this 28th day of September 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-16299 Filed 10-2-06; 8:45 am]
BILLING CODE 3410-34-P