[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Rules and Regulations]
[Pages 54063-54065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21814]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. APHIS-2008-0067]
Tuberculosis; Amend the Status of California From Accredited Free
to Modified Accredited Advanced
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations to remove California from the
list of accredited-free States for bovine tuberculosis and reclassify
the State as modified accredited advanced. Because two affected cattle
herds have been detected in California since November 2007, the State
no longer meets our requirements for accredited-free status. This
action is necessary to reduce the likelihood of the spread of bovine
tuberculosis within the United States.
DATES: This interim rule is effective September 18, 2008. We will
consider all comments that we receive on or before November 17, 2008.
Compliance Date: The date for complying with certain requirements
of 9 CFR 77.10 for sexually intact heifers, steers, and spayed heifers
moving interstate from California is delayed until further notice (see
``Delay in Compliance'' under SUPPLEMENTARY INFORMATION). The
compliance date for all other provisions in 9 CFR part 77 applicable to
the interstate movement of cattle and bison from the State of
California is September 18, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0067 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0067, 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-2008-0067.
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. C. William Hench, Senior Staff
Veterinarian, National Tuberculosis Eradication Program, Veterinary
Services, APHIS, 2150 Centre Ave., Bldg. B, MSC 3E20, Ft. Collins, CO
80526; (970) 494-7378.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is a contagious and infectious granulomatous
disease caused by the bacterium Mycobacterium bovis. Although commonly
defined as a chronic debilitating disease, bovine tuberculosis can
occasionally assume an acute, rapidly progressive course. While any
body tissue can be affected, lesions are most frequently observed in
the lymph nodes, lungs, intestines, liver, spleen, pleura, and
peritoneum. Although cattle are considered to be the true hosts of M.
bovis, the disease has been reported in several other species of both
domestic and nondomestic animals, as well as in humans.
At the beginning of the past century, tuberculosis caused more
losses of livestock than all other livestock diseases combined. This
prompted the establishment in the United States of the National
Cooperative State/Federal Bovine Tuberculosis Eradication Program for
tuberculosis in livestock.
In carrying out the national eradication program, the Animal and
Plant Health Inspection Service issues and enforces regulations. The
regulations require the testing of cattle and bison for tuberculosis,
define the Federal tuberculosis status levels for States or zones
(accredited-free, modified accredited advanced, modified accredited,
accreditation preparatory, and nonaccredited), provide the criteria for
attaining and maintaining those status levels, and contain testing and
movement requirements for cattle and bison leaving States or zones of a
particular status level. These regulations are contained in 9 CFR part
77 and in the Bovine Tuberculosis Eradication Uniform Methods and
Rules, 1999, which is incorporated by reference into the regulations.
Section 77.7 of the regulations lists accredited-free States and
zones and also contains requirements for retention of accredited-free
status. Under Sec. 77.7(c), if two or more affected herds are detected
in an accredited-free State or zone within a 48-month period, that
State or zone will be removed from the list of accredited-free States
or zones and will be reclassified as modified accredited advanced.
The State of California has been listed in Sec. 77.7(a) as an
accredited-free State for bovine tuberculosis. An epidemiological
investigation of a tuberculosis-positive cow found through slaughter
surveillance in December 2007 resulted in the confirmation of an
affected dairy herd in California. The State continued to conduct
epidemiological investigations to detect bovine tuberculosis in
domestic cattle herds, and a second affected dairy herd was recently
identified in California. The finding of the second affected herd
within a 48-month period means that California no longer meets the
requirements for accredited-free status. Therefore, we are
reclassifying the State as modified accredited advanced. This action is
necessary to reduce the likelihood of the spread of tuberculosis within
the United States.
As a result of this action, cattle or bison being moved interstate
from anywhere in California will now have to
[[Page 54064]]
meet the testing requirements that apply to animals from modified
accredited advanced States or zones. Under the regulations in Sec.
77.10, cattle or bison that originate in a modified accredited advanced
State or zone, and are not known to be infected with or exposed to
tuberculosis, may be moved interstate only under one of the following
conditions:
The cattle or bison are moved directly to slaughter at an
approved slaughtering establishment (Sec. 77.10(a));
The cattle or bison are sexually intact heifers moved to
an approved feedlot, or are steers or spayed heifers; and are either
officially identified or identified by premises of origin
identification (Sec. 77.10(b));
The cattle or bison are from an accredited herd and are
accompanied by a certificate stating that the accredited herd completed
the testing necessary for accredited status with negative results
within 1 year prior to the date of movement (Sec. 77.10(c)); or
The cattle or bison are sexually intact animals, are not
from an accredited herd, are officially identified, and are accompanied
by a certificate stating that they were negative to an official
tuberculin test conducted within 60 days prior to the date of movement
(Sec. 77.10(d)).
Delay in Compliance
Previous rulemaking changing the tuberculosis classifications of
the States of Texas, California, New Mexico, and Minnesota from
accredited free to modified accredited advanced allowed for delayed
compliance with certain provisions of Sec. 77.10. The interim rule
that amended the classification of Texas was effective June 3, 2002,
and published in the 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 date for Texas to comply with
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).\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). The 2003 interim rules changing the statuses of California and
New Mexico from accredited-free to modified accredited advanced also
allowed for a delay in the compliance date for certain provisions of
Sec. 77.10 until September 30, 2003.
---------------------------------------------------------------------------
\1\ California's previous accredited-free status was then
restored in a subsequent interim rule effective and published in the
Federal Register on April 15, 2005 (70 FR 19877-19878, Docket No.
05-010-1).
---------------------------------------------------------------------------
The specific provisions of Sec. 77.10 for which we delayed the
compliance date were as follows:
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 had delayed the date of compliance with these
requirements for the State of Texas until September 30, 2003, 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. The compliance date was delayed
for California and New Mexico to provide equitable treatment for
producers in those States.
Based on the comments that we received on the interim rule for
Texas, we concluded 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. Therefore, on March 22, 2004, we published in the
Federal Register (69 FR 13218-13219, Docket No. 03-072-2) an interim
rule 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. The interim rule published in the Federal
Register on January 30, 2006 (71 FR 4808-4810, Docket No. APHIS-2006-
0004) changing the status of Minnesota from accredited-free to modified
accredited advanced also allowed for a delay in the compliance date for
certain provisions of Sec. 77.10 until further notice. This delay of
the date for compliance with the provisions of Sec. 77.10 listed above
also applies to the current rulemaking changing the tuberculosis status
of California from accredited-free to modified accredited advanced.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
spread of bovine tuberculosis within the United 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 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.
This emergency situation makes timely compliance with section 603
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable.
We are currently assessing the potential economic effects of this
action on small entities. Based on that assessment, we will either
certify that the rule will not have a significant economic impact on a
substantial number of small entities or publish a regulatory
flexibility analysis.
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
[[Page 54065]]
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.
Sec. 77.7 [Amended]
0
2. In Sec. 77.7, paragraph (a) is amended by removing the word
``California,''.
Sec. 77.9 [Amended]
0
3. In Sec. 77.9, paragraph (a) is amended by adding the words
``California and'' before the words ``New Mexico''.
Done in Washington, DC, this 12th day of September 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-21814 Filed 9-17-08; 8:45 am]
BILLING CODE 3410-34-P