[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Rules and Regulations]
[Pages 49590-49593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25214]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 50
[Docket No. 97-061-1]
Expenses Associated With Transporting and Disposing of
Tuberculosis-Exposed Animals
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations concerning animals destroyed
because of tuberculosis to allow the U.S. Department of Agriculture to
pay herd owners some of their expenses for transporting tuberculosis-
exposed cattle, bison, and cervids to slaughter or to the point of
disposal, and for disposing of the animals. Prior to this interim rule,
herd owners could only receive help with these costs for affected
animals. Consequently, herd owners in some cases elected to keep
exposed animals in a herd until testing revealed them to be either free
of tuberculosis or affected with tuberculosis, or elected not to
depopulate an affected herd, providing opportunity for further spread
of the disease. This interim rule also makes minor changes to the
provisions for paying some of the expenses for transporting
tuberculosis-affected animals to the point of disposal and disposing of
them. This interim rule is necessary to ensure continued progress
toward eradicating tuberculosis in the U.S. livestock population.
DATES: Interim rule effective September 17, 1997. Consideration will be
given only to comments received on or before November 24, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-061-1, 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. 97-061-1. Comments
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. Mitchell A. Essey, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River
Road Unit 36, Riverdale, MD 20737-1231, (301) 734-7727.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis (referred to below as tuberculosis) is a
serious communicable disease of cattle, bison, and other species,
including humans, caused by Mycobacterium bovis. Tuberculosis causes
weight loss, general debilitation, and sometimes death. The regulations
at 9 CFR part 50, ``Animals Destroyed Because of Tuberculosis'' (the
regulations), administered by the Animal and Plant Health Inspection
Service (APHIS) of the U.S. Department of Agriculture (the Department),
provide for payment of Federal indemnity to owners of certain cattle,
bison, cervids, and swine destroyed because of tuberculosis.
As part of the program to control and eradicate tuberculosis in
livestock, the payment of indemnity is intended to provide owners with
an incentive for promptly destroying cattle, bison, and cervids that
are affected with or exposed to tuberculosis and, in limited cases,
swine that are exposed to tuberculosis. Because the continued presence
of tuberculosis in a herd seriously threatens the health of other
animals in that herd and possibly other herds, the prompt destruction
of tuberculosis-affected and -exposed animals is critical if
tuberculosis eradication efforts in the United States are to succeed.
As set forth in Sec. 50.4 of the regulations, cattle, bison, and
cervids are classified as affected with tuberculosis on the basis of an
intradermal tuberculin test applied by a Federal, State, or an
accredited veterinarian, or by other diagnostic procedure approved in
advance by the Administrator of APHIS. Cattle, bison, and cervids are
classified as exposed to tuberculosis when such cattle, bison, and
cervids (1) are part of a known affected herd, or (2) are found to have
moved from an affected herd before the time infection was disclosed in
the herd and after the time the herd had
[[Page 49591]]
apparently become affected, or (3) are found to have been exposed by
virtue of nursing an affected dam.
For affected cattle, bison, and cervids eligible for indemnity, the
regulations provide for Federal help in paying a portion of the
expenses incurred by owners in transporting the animals to the point of
disposal, and disposing of the animals (see Sec. 50.8). However, there
are no similar provisions for paying a portion of the expenses of
transporting tuberculosis-exposed cattle, bison, and cervids to
slaughter or to the point where disposal will take place, or disposing
of these animals.
When the provisions concerning payment of expenses for transporting
and disposing of affected animals were added to the regulations in
1980, it was done because many slaughtering establishments were
refusing to accept affected animals, and the animals often had to be
shipped long distances to slaughtering plants that would accept them,
or had to be disposed of by other means, such as by burial,
incineration, or rendering. The refusal to take affected animals was
due, at least in part, to the requirement that meat taken from affected
animals and intended for consumption be cooked, for public health
reasons, thereby increasing slaughtering costs and reducing the value
of the meat. Most slaughtering establishments continued to accept
tuberculosis-exposed animals, however, because meat from a
tuberculosis-exposed animal may be used without restriction if the
animal is found free of tuberculosis upon inspection at slaughter.
Today, however, the incidence of tuberculosis in the United States
has declined markedly. As we approach eradication, far fewer animals,
either affected with or exposed to tuberculosis, are moving to
slaughter. Many slaughtering establishments are not willing to take
even tuberculosis-exposed animals. Consequently, tuberculosis-exposed
animals must sometimes be shipped long distances to slaughtering plants
that will accept them. In such cases, rather than pay for such long-
distance shipping, some owners opt to keep the exposed animals in their
herd until testing reveals them to be either free of tuberculosis or
affected with tuberculosis, or elect not to depopulate an affected
herd. This ``wait and see'' approach provides opportunity for the
disease to progress and spread, particularly in herds that have
received an animal subsequently identified as tuberculosis-exposed.
It is possible that, if the number of slaughtering establishments
willing to take exposed animals declines further, some owners of
exposed animals may need to find other means of disposal. And whereas
slaughtering establishments generally pay some salvage value for the
meat from exposed animals, owners having to dispose of their animals by
other means would have to pay all costs for that disposal and could
expect no salvage value from their animals. Under these circumstances,
owners might choose to keep exposed animals in the herd, thereby
impeding tuberculosis eradication efforts in the United States.
Therefore, we are amending Sec. 50.8 to allow the Department to pay
herd owners some of their expenses associated with transporting
tuberculosis-exposed cattle, bison, and cervids to slaughter or to the
point where disposal will take place, and disposing of the animals. We
believe this action is necessary to ensure continued progress toward
eradicating tuberculosis in the United States. Specifically, the
regulations, as amended, will allow the Department to pay herd owners
one-half the expenses of transporting tuberculosis-exposed cattle,
bison, and cervids to slaughter or to the point where disposal will
take place, and disposing of the animals, provided that the Department
may pay more than one-half of the expenses when the Administrator of
APHIS determines that doing so will contribute to the tuberculosis
eradication program. The APHIS Veterinarian in Charge for the State in
which the animals reside must approve the payment in advance in
writing. For reimbursement to be made, the owner of the animals must
present the APHIS Veterinarian in Charge with a copy of either a
receipt for expenses paid or a bill for services rendered. Any bill for
services rendered by the owner may not be greater than the normal fee
charged by commercial haulers or renderers for similar services.
Section 50.8 has contained provisions, applicable to owners of
tuberculosis-affected animals, requiring (1) that claims for payment of
transportation or disposal expenses be made on forms furnished by
APHIS, (2) that the forms be signed by an APHIS or State
representative, or jointly by them, and (3) that the owner of the
animals also sign the forms certifying acceptance of the amount
claimed. APHIS will no longer require use of special claims forms for
payment of expenses for disposal or transportation of tuberculosis-
affected animals. Rather, the owner will be asked simply to document
those expenses by submitting to the Veterinarian in Charge a copy of
either a receipt for expenses paid or a bill for services rendered.
Therefore, we are amending Sec. 50.8 to remove the provisions
concerning forms for payment of expenses for disposal or transportation
of tuberculosis-affected animals. Instead, Sec. 50.8 will require
owners of affected animals to present the APHIS Veterinarian in Charge
with a copy of either a receipt for expenses paid or a bill for
services rendered.
We are also amending Sec. 50.8 to allow the Department to pay herd
owners more than one-half of the expenses for transporting
tuberculosis-affected cattle, bison, and cervids to slaughter or to the
point where disposal will take place, and disposing of the animals,
when the Administrator of APHIS determines that doing so will
contribute to the tuberculosis eradication program.
Finally, we are amending Sec. 50.8 to remove the provision that the
Department will not pay any portion of expenses of transporting or
disposing of affected animals when the transportation or disposal is
provided by the owner of the affected animals. This no longer appears
to be a necessary prohibition because owners can often provide
transportation and carry out disposal for less money than they would
have to pay someone else to do it.
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
necessary to facilitate the prompt removal and destruction of
tuberculosis-exposed animals from U.S. livestock herds. Of particular
concern at this time is the prompt removal and destruction of
tuberculosis-exposed cattle on the Island of Molokai, in Hawaii, where
tuberculosis was recently confirmed in one herd of cattle. Because
wildlife on this small island intermingles with the cattle, the cattle
must be removed as quickly as possible to minimize the risk that
tuberculosis will be spread both to wildlife and to cattle in
neighboring herds. Outlets for tuberculosis-exposed animals in Hawaii
are very limited and, for animals that have not yet reached market
weight, nonexistent. About 160 animals in the affected herd on Molokai
have not reached market weight and must be transported to the U.S.
mainland for slaughter at considerable expense to the owner. This
interim rule is necessary to assist the owner with transportation costs
so that the cattle can be promptly removed from the island to minimize
the potential spread of tuberculosis.
Because prior notice and other public procedures with respect to
this action
[[Page 49592]]
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 regulations concerning animals
destroyed because of tuberculosis to allow the Department to pay herd
owners one half of their expenses for transporting tuberculosis-exposed
animals to slaughter or to the point of disposal, and for disposing of
the animals. It also allows the Department to pay more than one half of
the expenses for transporting and disposing of tuberculosis-affected or
tuberculosis-exposed animals, when the Administrator of APHIS
determines that doing so will contribute to the tuberculosis
eradication program in the United States, and allows herd owners to be
reimbursed for one half of their expenses for transporting or disposing
of exposed or affected animals when the transportation or disposal is
provided by the owner of the animals.
The U.S. livestock industry relies on healthy animals for its
economic well being. The well being of the overall U.S. economy
depends, in turn, on a healthy livestock industry. The industry's role
in the economy is significant. For example, the total value of U.S.
livestock output in l991 was $66.6 billion, about half of the value of
all agricultural production in the United States that year. The value
of live animal exports and exports of meat products totalled $4.3
billion in l991, equivalent to 10 percent of the value of all U.S.
agricultural exports that year. In l996, there were 1,194,390 U.S.
operations with cattle and calves, and the inventory of cattle and
calves at the end of that year stood at 101.2 million head. The value
of cattle and calves in the United States in l996 was more than $52
billion.
Recent studies on the economic impact of a tuberculosis epidemic in
U.S. livestock are not available. However, an earlier study indicates
that the impact would be significant. A comprehensive computer model
developed by Canada in 1979 indicates that, if the tuberculosis
eradication program were discontinued, annual losses in the United
States would amount to over $1 billion. Another study, conducted in
l972, concluded that the benefits of the tuberculosis eradication
program exceeded costs by a 3.64 to 1 margin.
APHIS's costs for administering this interim rule are not expected
to exceed $67,500 annually, based on the following: We estimate that
the average cost of transporting a tuberculosis-exposed animal to
slaughter would be $50. In most cases, APHIS would pay one half of that
cost, or $25. We estimate that approximately 2,000 tuberculosis-exposed
cattle, bison, and cervids may be moved to slaughter or other point of
disposal during the first year after this rule is effective, and that
we would pay approximately $25 each toward transportation for three
quarters of them, and an average of $50 each for one quarter of them.
Costs would be lower in succeeding years as the prevalence of
tuberculosis declines in the United States.
Although the benefits of this interim rule (i.e., enhanced values
for U.S. livestock, particularly in export markets) are difficult to
quantify, those benefits should certainly exceed the cost of the
program.
The 2,000 tuberculosis-exposed animals that we estimate might be
moved to slaughter or other disposal during the first year of this
program represent about 20 different herds. About 4 of these herds,
with 200-400 animals each, may be depopulated. The remainder of the
herds are expected to send only a few animals each to slaughter. We
estimate that no more than 15 of the herds are owned by entities that
would be considered ``small'' under criteria (fewer than 200 cattle
each) established by the Small Business Administration.
Under these circumstances, the Administrator of APHIS 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 50
Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting
and recordkeeping requirements, Tuberculosis.
Accordingly, 9 CFR part 50 is amended as follows:
PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS
1. The authority citation for part 50 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).
2. Section 50.8 is revised to read as follows:
Sec. 50.8 Payment of expenses for transporting and disposing of
affected and exposed animals.
The Department may pay, when approved in advance in writing by the
Veterinarian in Charge, one half the expenses of transporting affected
or exposed cattle, bison, and cervids to slaughter or to the point
where disposal will take place, and one half the expenses of
destroying, burying, incinerating, rendering, or otherwise disposing of
affected or exposed cattle, bison, and cervids; Provided that, the
Department may pay more than one-half of the expenses when the
Administrator determines that doing so will contribute to the
tuberculosis eradication program. For reimbursement to be made, the
owner of the animals must present the Veterinarian in Charge with a
copy of either a receipt for expenses paid or a bill for services
rendered. Any bill for services rendered by the owner must not be
greater than the normal fee for similar services provided by a
commercial hauler or renderer.
[[Page 49593]]
Done in Washington, DC, this 17th day of September 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-25214 Filed 9-22-97; 8:45 am]
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