[Federal Register Volume 63, Number 225 (Monday, November 23, 1998)]
[Rules and Regulations]
[Pages 64595-64597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31215]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 97-062-2]
Tuberculosis Testing of Livestock Other than Cattle and Bison
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are adopting as a final rule, with one change, an interim
rule that amended the tuberculosis regulations to include species of
livestock other than cattle and bison in the requirement for two annual
herd tests for newly assembled herds on premises where a tuberculous
herd has been depopulated. The interim rule was necessary because such
livestock could become infected with tuberculosis and, without testing,
could spread tuberculosis to the cattle or bison in the herd before the
disease was detected in the herd. The testing of species of livestock
other than cattle and bison in newly assembled herds on premises where
a tuberculous herd has been depopulated will help ensure continued
progress toward eradicating tuberculosis in the U.S. livestock
population.
EFFECTIVE DATE: December 23, 1998.
FOR FURTHER INFORMATION CONTACT: Dr. James P. Davis, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River
Road
[[Page 64596]]
Unit 36, Riverdale, MD 20737-1231, (301) 734-7727; or e-mail:
James.P.Davis@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is the contagious, infectious, and communicable
disease caused by Mycobacterium bovis. The regulations in 9 CFR part
77, ``Tuberculosis'' (referred to below as the regulations), regulate
the interstate movement of cattle and bison because of tuberculosis.
Cattle or bison not known to be affected with or exposed to
tuberculosis may be moved interstate without restriction if those
cattle or bison are moved from a State designated as an accredited-
free, accredited-free (suspended), or modified accredited State. The
regulations restrict the interstate movement of cattle or bison not
known to be affected with or exposed to tuberculosis if those cattle or
bison are moved from a nonmodified accredited State.
The status of a State is based on its freedom from evidence of
tuberculosis in cattle and bison, the effectiveness of the State's
tuberculosis eradication program, and the degree of the State's
compliance with the standards contained in a document titled ``Uniform
Methods and Rules--Bovine Tuberculosis Eradication'' (referred to below
as the UM&R), which, as explained in the definition of Uniform Methods
and Rules--Bovine Tuberculosis Eradication in Sec. 77.1, has been
incorporated by reference into the regulations.
In an interim rule published in the Federal Register and effective
on February 23, 1998 (63 FR 8837-8840, Docket No. 97-062-1), we amended
the tuberculosis regulations to include species of livestock other than
cattle and bison in the UM&R's requirement for two annual herd tests
for newly assembled herds on premises where a tuberculous herd has been
depopulated. As part of that interim rule, we revised the definitions
of Accredited-free (suspended) State, herd, and Modified accredited
State, and added a definition of livestock.
Comments on the interim rule were required to be received on or
before April 24, 1998. We received three comments by that date. The
comments were from a State veterinarian, an association of zoo
veterinarians, and an association of zoo and aquarium operators. All
three commenters supported the testing requirements of the interim
rule, but two of the commenters had concerns related to two of the
definitions added or revised by the interim rule. Those comments are
discussed below.
In the interim rule, we defined livestock as ``cattle, bison,
cervids, swine, dairy goats, and other hoofed animals (such as llamas,
alpacas, and antelope) raised or maintained in captivity for the
production of meat and other products, for sport, or for exhibition.''
We also defined herd as ``any group of livestock maintained on common
ground for any purpose, or two or more groups of livestock under common
ownership or supervision, geographically separated but that have an
interchange or movement of livestock without regard to health status,
as determined by the Administrator.'' As noted in the interim rule,
these two definitions are the same as the definitions for those terms
in Sec. 50.1 of the tuberculosis indemnity regulations in 9 CFR part
50.
Two of the commenters were concerned about the potential impact
that the interim rule's definitions of livestock and herd could have on
animals maintained in zoos. First, the commenters were concerned that
the inclusion of ``other hoofed animals'' in the definition of
livestock might lead to a requirement that intradermal tuberculin skin
testing be performed on animals like rhinoceroses and giraffes for
which such testing has not been validated. The commenters recommended
that the definition of livestock be modified to include only those
animals for which there is clinical evidence that the intradermal
tuberculin skin test is valid. With regard to the definition of herd,
the commenters stated that it may be difficult to define precisely what
constitutes a herd in a zoo environment, as hoofed animals of different
species, housed in different areas, and under the care of different zoo
professionals may or may not constitute a ``herd'' from an
epidemiological perspective. In this case, the commenters suggested
that the definition of herd be modified to take into account the unique
character of the zoological environment.
The interim rule extended the testing requirements of the UM&R to
livestock other than cattle or bison only under very limited
circumstances, i.e., when those other animals are part of a newly
assembled herd on a premises where a tuberculous herd has been
depopulated. While it is true that certain zoo animals could fall
within the categories of animals included in the interim rule's
definition of livestock, and thus be included in the definition of
herd, no new testing requirements have been extended to hoofed animals
maintained in zoos by virtue of that inclusion. We fully appreciate the
differences between the zoological environment and commercial livestock
operations, and did not intend for the interim rule to alter the way
animal health issues at zoos are currently addressed by the Animal and
Plant Health Inspection Service, the States, and the zoos themselves.
Because the interim rule's definitions of livestock and herd do not
place any new requirements on hoofed animals maintained in zoos, we do
not believe that it is necessary to make any changes to those
definitions based on the comments.
However, the points raised by the commenters led us to review the
provisions of part 77 to ensure that the interim rule's definitions of
livestock and herd did not have any unintended effects. In that review,
we noted that the definition of Accredited-free state in Sec. 77.1
contains the sentence ``Detection of tuberculosis in two or more herds
in the state within 48 months will result in revocation of accredited-
free state status.'' Because the definition of herd is no longer
limited to cattle and bison, that sentence could be misleading. To make
it clear that it is the detection of tuberculosis in cattle and bison,
and not in other livestock, that affects a State's tuberculosis status,
we have amended that sentence so that it now reads: ``Detection of
tuberculosis in cattle or bison in two or more herds in the state
within 48 months will result in revocation of accredited-free state
status.''
Therefore, for the reasons set forth in the interim rule and in
this document, we are adopting the interim rule as a final rule with
the change discussed in this document.
This final rule also affirms the information contained in the
interim rule concerning Executive Order 12866 and Regulatory
Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork
Reduction Act.
Further, this final 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.
List of Subjects in 9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
Accordingly, we are adopting as a final rule, with the change set
forth below, the interim rule that amended 9 CFR part 77 and that was
published at 63 FR 8837-8840 on February 23, 1998.
[[Page 64597]]
PART 77--TUBERCULOSIS
1. The authority citation for part 77 continues to read as follows:
Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 77.1 [Amended]
2. In Sec. 77.1, in the definition of Accredited-free state,
paragraph (1)(i), the second-to-last sentence is amended by adding the
words ``cattle or bison in'' immediately before the words ``two or
more''.
Done in Washington, DC, this 17th day of November 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-31215 Filed 11-20-98; 8:45 am]
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