[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 8837-8840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4490]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 97-062-1]
Tuberculosis Testing of Livestock Other Than Cattle and Bison
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending 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. This requirement is necessary
because, without testing, such livestock could become infected and
spread tuberculosis to the cattle or bison in the herd before the
disease was detected in the herd. Adding this requirement to the
tuberculosis regulations will help ensure continued progress toward
eradicating tuberculosis in the U.S. livestock population.
DATES: Interim rule effective February 23, 1998. Consideration will be
given only to comments received on or before April 24, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-062-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 97-062-1. Comments
[[Page 8838]]
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. James P. Davis, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River
Road Unit 36, Riverdale, MD 20737-1231, (301) 734-7727; or e-mail:
jdavis@aphis.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.
Under the provisions of the UM&R, disclosure of tuberculosis in any
herd must be followed by a complete epidemiologic investigation to
determine the source of the infection in the herd and delimit the
possible spread of the disease from the herd. Given the serious effects
of the disease and the need to contain its spread, the Animal and Plant
Health Inspection Service (APHIS) believes that every effort needs to
be made to ensure the immediate elimination of tuberculosis from all
species of domestic livestock on the affected premises. The most
effective and immediate means of eliminating tuberculosis from a
premises is the depopulation--i.e., removal directly to slaughter--of
the entire herd.
When an affected herd has been depopulated, there is still some
risk that the bovine tuberculosis disease agent, M. bovis, could
persist on the premises from which the affected herd was removed.
Because of that risk, the UM&R requires that two annual herd tests be
applied to all cattle and bison in a newly assembled herd on premises
where a tuberculous herd has been depopulated, with the first test
being applied approximately 6 months after the assembly of the new
herd. These two tests are intended to ensure that the animals in the
new herd have not been infected with tuberculosis through environmental
exposure to M. bovis remaining on the premises. The provisions of the
UM&R do, however, recognize that the M. bovis organism cannot persist
indefinitely in the environment without an animal host. Thus, the UM&R
provides that the requirement for two annual herd tests for a newly
assembled herd can be waived if the premises has remained vacant--i.e,
free of livestock--for 1 year or more.
We believe that the testing requirement described in the previous
paragraph is a necessary and sound approach to reducing the risk of
tuberculosis being introduced into a newly assembled herd on a premises
where a tuberculous herd has been depopulated. Because the UM&R
currently incorporated specifically calls for the herd tests to be
applied to all cattle and bison, the herd test requirement does not
extend to other species of livestock that may be included in a new
herd. However, it is becoming increasingly common for herd owners to
maintain mixed groups of livestock on common ground, with cattle and
bison commingling with animals such as llamas, alpacas, or captive
deer. These other species are as susceptible to tuberculosis as cattle
or bison and are capable of spreading the disease to, or contracting
the disease from, the other livestock in the herd. Thus, the UM&R's
omission of livestock other than cattle and bison from the herd testing
requirement makes it possible for tuberculosis-infected livestock to be
present in a mixed herd without being diagnosed, which could result in
the herd's cattle or bison becoming infected with tuberculosis.
This potential risk presented by other species of livestock is
recognized in our regulations in 9 CFR part 50, which provide for the
payment of indemnity to the owners of animals destroyed because of
tuberculosis. Specifically, Sec. 50.14(f) of those regulations provides
that a claim for compensation for exposed cattle, bison, or cervids
destroyed during a herd depopulation will not be allowed if a
designated epidemiologist determines that exotic bovidae (such as
antelope) or other species of livestock in the herd were exposed to
tuberculosis by reason of association with tuberculous livestock but
were not destroyed as part of the herd depopulation. This basis for the
denial of a compensation claim is intended to encourage herd owners to
destroy all exposed livestock in a herd, not just the cattle, bison, or
cervids for which compensation would be paid. This ensures that when
the cattle, bison, or cervids in an affected herd are depopulated,
other exposed species do not remain on the premises to infect the
healthy livestock with which the owner reassembles the herd.
Given that the risk of tuberculosis exposure applies to all the
livestock--not just the cattle and bison--in a newly assembled herd on
a premises where a tuberculous herd was depopulated, we believe that it
is necessary to include other species of livestock in the requirement
for two annual herd tests for such herds. To do so, we have amended the
definitions of Accredited-free (suspended) State and Modified
accredited State in Sec. 77.1 of the regulations. To support those
changes, we have also amended the definition of herd in Sec. 77.1 and
have added a definition for livestock to that section.
The definition of Accredited-free (suspended) State provides that a
State with the status of an accredited-free State is designated as
accredited-free (suspended) if tuberculosis is detected in any cattle
or bison in the State. Such a State will qualify for redesignation as
an accredited-free State after the herd in which tuberculosis is
detected has been quarantined, an epidemiological investigation has
confirmed that the disease has not spread from the herd, and all
reactor cattle and bison have been destroyed. The definition of
Modified accredited State provides, in part, that a State must comply
with all the provisions of the UM&R regarding modified accredited
States, and must apply those provisions to bison in the same manner as
to cattle, in order to establish or maintain status as a modified
accredited State. To each of those definitions, we have added the
further requirement that if any livestock other than cattle or bison
are included in a newly assembled herd on a premises where a
tuberculous herd has been depopulated, the State must apply
[[Page 8839]]
the herd test requirements of the UM&R for such newly assembled herds
to those other livestock in the same manner as to cattle and bison.
Because, as discussed above, the composition of a herd may not be
limited to cattle or bison, we have also amended the definition of herd
in Sec. 77.1. The scope of the definition had been limited to groups of
cattle, bison, or both; as amended by this interim rule, the definition
of herd now includes other livestock. We have also added the following
definition of livestock: ``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.'' These two definitions are the
same as those already provided for those terms in Sec. 50.1 of the
tuberculosis indemnity regulations.
Applicability to State Tuberculosis Status
Although this interim rule provides for the testing of all
livestock in a newly assembled herd on a premises where a tuberculous
herd has been depopulated, a State's tuberculosis status will continue
to be based on the presence or absence of tuberculosis in cattle or
bison in herds within the State. The intent of this interim rule is to
provide for the identification and elimination of potential sources of
tuberculosis infection in those newly assembled herds when they contain
cattle or bison and other livestock. The detection of tuberculosis in
livestock other than cattle and bison in a herd as a result of the
testing provisions of this interim rule will not affect a State's
tuberculosis status unless it is conclusively determined, in accordance
with the existing regulations and the provisions of the UM&R, that
tuberculosis infection is also present in the herd's cattle or bison.
Immediate Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that there is good cause for publishing this interim
rule without prior opportunity for public comment. Immediate action is
warranted to change the regulations in order to close a loophole in the
herd testing requirements that could result in the spread of
tuberculosis within mixed herds of cattle, bison, and other species of
livestock. Without this testing requirement, it is possible for a
tuberculosis-infected animal to spread the disease throughout a newly
assembled herd, and for the disease to remain undetected until the
cattle or bison in the herd are tested for tuberculosis. Two notable
examples of tuberculosis being spread in this way occurred in 1992. In
the State of New York, two dairy herds were depopulated after cattle in
the herds were found to be infected with tuberculosis, and an
additional 18 dairy herds were quarantined and tested. It was
determined that the cattle in one of the herds that was depopulated had
been exposed to tuberculous cervids that shared the premises.
Similarly, tuberculosis was found in beef cattle in Pennsylvania that
had been in contact with tuberculous cervids in the herd. As a result
of these outbreaks, New York and Pennsylvania lost their accredited-
free State status. Further, in one State there is a premises where
cattle and bison were depopulated because of bovine tuberculosis, but
other livestock exposed to the tuberculous cattle and bison remained
after the depopulation. These exposed livestock have now commingled
with the newly reassembled cattle and bison on that same premises. It
is necessary to immediately implement this interim rule to ensure that
all livestock on that premises have been properly tested before
upgrading the State's tuberculosis status to accredited-free.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make it
effective upon publication in the Federal Register. We will consider
comments that are received within 60 days of publication of this rule
in the Federal Register. After the comment period closes, we will
publish another document in the Federal Register. It will include a
discussion of any comments we receive and any amendments we are making
to the rule as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The 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.
This interim rule amends the tuberculosis regulations by including
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. We are taking this action
because, without testing, such livestock could become infected and
spread tuberculosis to the cattle or bison in the herd before the
disease was detected in the herd. Adding this requirement to the
tuberculosis regulations will help ensure continued progress toward
eradicating tuberculosis in the U.S. livestock population.
The U.S. livestock industry relies on healthy animals for its
economic well-being, and the industry's role in the U.S. economy is
significant. As an example, the total value of U.S. livestock output in
1991 was $66.6 billion, about half of the value of all agricultural
production in the United States for that year. The value of live animal
exports and exports of meat products totaled $4.3 billion in 1991,
equivalent to 10 percent of the value of all U.S. agricultural exports
that year. In 1996, there were 1,194,390 domestic operations with
cattle and calves, and the inventory of cattle and calves at the end of
that year stood at 101.2 million head with a value of more than $52
billion (U.S. Department of Agriculture, National Agricultural
Statistics Service, ``Agricultural Statistics 1995-96,'' Table 370).
Recent studies on the economic impact of bovine tuberculosis in the
United States are not available. However, a comprehensive computer
model developed by Canada in 1979 indicates that, if the United States'
tuberculosis eradication program were discontinued, annual losses in
the United States would exceed $1 billion. Another study, conducted in
1972, concluded that APHIS' tuberculosis eradication program was fully
justified from an economic standpoint, as benefits exceeded costs by a
margin of 3.64 to 1.1
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\1\ Information about these studies can be obtained by
contacting the person listed under FOR FURTHER INFORMATION CONTACT.
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The Regulatory Flexibility Act requires that agencies consider the
economic impact of rule changes on small entities. The entities
potentially affected by this rule change are herd owners, most of whom
are classified as small entities under the Small Business
Administration's (SBA's) criteria. In 1992, for example, 92 percent of
all 1,074,349 farms in the U.S. with cattle inventory had herds of
fewer than 200 cattle (U.S. Department of Commerce, ``1992 Census of
Agriculture,'' 1993). In that same year, 98 percent of all 921,695
livestock and dairy farms in the United States had sales of less than
$0.5 million, the small entity size standard established by the SBA for
firms engaged in livestock and animal specialty services.
This interim rule is not expected to have a significant economic
impact on a substantial number of herd owners, large or small, for
several reasons. First,
[[Page 8840]]
only a very small percentage of herds will be affected. It is estimated
that only about 1 percent of all herds in the United States are mixed
herds comprised of both cattle and/or bison and other species of
livestock. Second, the testing of these other species of livestock will
be conducted by Federal or State veterinary medical officers at no cost
to herd owners. Herd owners will have to bear the cost of presenting
the animals for testing, but that cost should be minimal in most cases.
Only in rare situations, such as those where exotic animals have to be
sedated, would the cost of presenting animals exceed minimal levels.
Third, if it is necessary to destroy cattle or bison that have been
identified as tuberculosis-exposed on the basis of a herd test that
considers livestock other than cattle and bison, the economic impact on
herd owners will be mitigated, if not entirely offset, by the payment
of indemnity by APHIS.
For the reasons stated above, this interim rule is not expected to
have an adverse impact on a significant number of herd owners. Indeed,
herd owners are more likely to benefit over time as continued progress
toward the eradication of tuberculosis serves to enhance livestock
values.
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.
Accordingly, 9 CFR part 77 is amended as follows:
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).
2. Section 77.1 is amended as follows:
a. In the definition of Accredited-free (suspended) State,
paragraph (1)(ii) is revised to read as set forth below.
b. The definition of Herd is revised to read as set forth below.
c. A definition of Livestock is added, in alphabetical order, to
read as set forth below.
d. In the definition of Modified accredited state, paragraph (1)(i)
is revised to read as set forth below.
Sec. 77.1 Definitions.
* * * * *
Accredited-free (suspended) State. (1) * * *
(ii) A State is qualified for redesignation of accredited-free
status after the herd in which tuberculosis is detected has been
quarantined, an epidemiological investigation has confirmed that the
disease has not spread from the herd, and all reactor cattle and bison
have been destroyed. If any livestock other than cattle or bison are
included in a newly assembled herd on a premises where a tuberculous
herd has been depopulated, the State must apply the herd test
requirements of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' for such newly assembled herds to those other livestock
in the same manner as to cattle and bison.
* * * * *
Herd. 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.
* * * * *
Livestock. 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.
Modified accredited State. (1)(i) To establish or maintain status
as a modified accredited State, a State must comply with all of the
provisions of the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication'' regarding modified accredited States, and must apply
these provisions to bison in the same manner as to cattle. Further, if
any livestock other than cattle or bison are included in a newly
assembled herd on a premises where a tuberculous herd has been
depopulated, the State must apply the herd test requirements of the
``Uniform Methods and Rules--Bovine Tuberculosis Eradication'' for such
newly assembled herds to those other livestock in the same manner as to
cattle and bison. Modified accredited State status must be renewed
annually.
* * * * *
Done in Washington, DC, this 18th day of February 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-4490 Filed 2-20-98; 8:45 am]
BILLING CODE 3410-34-P
