Tuberculosis in Cattle, Bison, and Captive Cervids; Indemnity for Suspects

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 50

[Docket No. 98-033-1]

Tuberculosis in Cattle, Bison, and Captive Cervids; Indemnity for

Suspects

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 provide for the payment of Federal indemnity

to owners of cattle, bison, and captive cervids that have been

[[Page 34260]]

classified as suspects for tuberculosis and have been destroyed, when

it has been determined by the Animal and Plant Health Inspection

Service that the destruction of the suspect animals will contribute to

the tuberculosis eradication program in U.S. livestock. We are also

amending the regulations to allow the U.S. Department of Agriculture to

pay herd owners some of their expenses for transporting the suspect

cattle, bison, and captive cervids to slaughter or to the point of

disposal, and for disposing of the animals. Prior to this interim rule,

owners of cattle, bison, and captive cervids could only receive Federal

indemnity for affected and exposed animals destroyed because of

tuberculosis, and animals in an affected herd destroyed as part of a

herd depopulation. Indemnity for suspects will provide incentive for

owners to promptly destroy suspect animals, thereby hastening the

diagnosis of tuberculosis in a herd. This interim rule is necessary to

ensure continued progress toward eradicating tuberculosis in U.S.

livestock.

DATES: Interim rule effective June 17, 1998. Consideration will be

given only to comments received on or before August 24, 1998.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 98-033-1, 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. 98-033-1. 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. James P. Davis, Senior Staff

Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River

Road Unit 36, Riverdale, MD 20737-1231, (301) 734-5970; or e-mail:

[email protected].

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, captive cervids, and swine destroyed because of tuberculosis.

As part of the program to control and eradicate tuberculosis in

cattle, bison, and captive cervids, the regulations have provided for

the payment of indemnity for the destruction of cattle, bison, and

captive cervids that are affected with or 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. Indemnity is intended to provide owners with an

incentive for promptly destroying such cattle, bison, and captive

cervids.

As set forth in Sec. 50.4 of the regulations, cattle, bison, and

captive 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 another diagnostic procedure approved

in advance by the Administrator of APHIS. Cattle, bison, and captive

cervids are classified as exposed to tuberculosis when such cattle,

bison, and captive 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

apparently become affected, or (3) are found to have been exposed by

virtue of nursing from a reactor dam.

Cattle, bison, and captive cervids that respond to an intradermal

tuberculin test are not always classified as affected with

tuberculosis. Cattle, bison, and captive cervids are classified as

affected with tuberculosis based on an intradermal test when they are

classified as reactors to that test. The Uniform Methods and Rules--

Bovine Tuberculosis Eradication (UMR) (incorporated into the

regulations by reference in 9 CFR part 77) contains the requirements

for classifying cattle and bison. In accordance with the UMR, in herds

of unknown tuberculosis status, an initial response to an intradermal

tuberculin test (specifically, the caudal fold test) causes an animal

to be classified as a suspect. When an animal is classified as a

suspect, the herd is quarantined and a second intradermal tuberculin

test (the comparative cervical test) is scheduled. The animal's

response to the comparative cervical test is plotted on a scattergram.

If the animal's response indicates a suspect classification, another

retest is scheduled. The testing schedule for captive cervids is

similar to that for cattle and bison. Consequently, cattle, bison, and

captive cervids in herds of unknown tuberculosis status are classified

as reactors only after at least two, and in many cases three, responses

to an intradermal tuberculin test.

Under this testing schedule, an animal may remain a suspect for

between 12 and 120 days until the animal tests negative for

tuberculosis or a reactor classification is achieved. If a suspect is

infected with tuberculosis, this period provides opportunity for the

spread of the disease to healthy animals in the herd. If the suspect

were destroyed immediately instead of being retested, APHIS could

perform a necropsy on the suspect to determine if the animal is

infected. This would allow us to diagnose tuberculosis faster and to

take other appropriate actions to ensure that the disease is not

spread.

Immediate slaughter and necropsy of suspects would be especially

valuable in herds that we believe are at an increased risk for

tuberculosis infection, such as herds in an area where tuberculosis

infection is known to exist in wild animal populations or herds

adjacent to an affected herd. The program to eradicate tuberculosis in

U.S. cattle, bison, and captive cervids is in its final stages, and we

believe total eradication is possible by the year 2002. The most

critical element of the program at this point is surveillance of herds

that are at an increased risk for tuberculosis infection. Rapid

diagnosis of tuberculosis in such herds, made possible by the immediate

slaughter of suspects, will be a critical factor in allowing us to

achieve our target eradication date of 2002.

Many herd owners elect to keep suspect animals in their herd until

testing reveals them to be free of tuberculosis or they are classified

as reactors. This is because the regulations have not provided for the

payment of indemnity for the destruction of suspect cattle, bison, and

captive cervids unless they are part of a known affected herd. We

believe that offering indemnity for the destruction of suspects will

encourage herd owners to promptly destroy suspect animals. For this

reason, we believe it is appropriate at this time to provide for the

payment of Federal indemnity to owners of cattle, bison, and captive

cervids that have been classified as suspects for tuberculosis and have

been destroyed, when it has

[[Page 34261]]

been determined by APHIS that the destruction of the suspect animals

will contribute to the tuberculosis eradication program in U.S.

livestock. We believe that the destruction of suspects would contribute

to the tuberculosis eradication program if the suspects are in a herd

that we consider to be at an increased risk for tuberculosis infection,

such as herds in an area where tuberculosis infection is known to exist

in wild animal populations or herds adjacent to an affected herd.

We will not offer the indemnity for the destruction of suspect

cattle, bison, or captive cervids in all instances where they are found

because the majority of suspect animals are not infected with

tuberculosis. Typically, in herds of unknown tuberculosis status, we

expect that between two and three percent of cattle and bison tested

with the caudal fold intradermal tuberculin test will respond to that

test, and subsequently will be classified as suspects. Greater than 95

percent of these responses are false positives, and subsequent testing

with more specific tests shows these suspects not to be infected with

tuberculosis. The response rate for captive cervids on the single

cervical test (the primary intradermal tuberculin test used in captive

cervid herds) is similar to that of the caudal fold intradermal

tuberculin test for cattle and bison.

In herds that we do not consider to be at an increased risk for

tuberculosis, we would expect this response rate and would not usually

deem it advantageous to destroy the suspect animals. However, in herds

that are at an increased risk of tuberculosis infection, the likelihood

of a suspect animal actually being infected with tuberculosis is

higher. In such herds, rapid diagnosis would significantly improve our

ability to contain the disease. When this is the case, indemnity for

destruction of the suspect animals may be offered.

Therefore, we are amending the regulations to provide for the

payment of Federal indemnity to owners of cattle, bison, and captive

cervids that have been classified as suspects for tuberculosis and have

been destroyed, when it has been determined by the Administrator of

APHIS that the destruction of the suspect animals will contribute to

the tuberculosis eradication program in U.S. livestock. Indemnity will

not exceed $450 per animal. Further, the joint State-Federal indemnity

payments, plus salvage, may not exceed the appraised value of each

animal. We are adding these provisions in a new paragraph (d) to

Sec. 50.3, ``Payment to owners for animals destroyed.'' We are also

adding a requirement in Sec. 50.3(d) that payment of indemnity for

suspects will be withheld until the tuberculosis status of the suspect

has been determined and, if the suspect is found to be infected with

tuberculosis, all cattle, bison, and captive cervids 2 years of age or

over in the herd have been tested for tuberculosis under APHIS or State

supervision. This requirement will help ensure that the remainder of

the herd is tested for tuberculosis.

We are also adding a new paragraph (c) to Sec. 50.4,

``Determination of existence of or exposure to tuberculosis,'' to

describe how cattle, bison, and captive cervids will be classified as

suspects for tuberculosis. The new paragraph (c) will state that cattle

and bison are classified as suspects for tuberculosis based on a

positive response to an official tuberculin test, in accordance with

the ``Uniform Methods and Rules--Bovine Tuberculosis Eradication''

(incorporated into the regulations by reference in part 77); and that

captive cervids are classified as suspects for tuberculosis in the same

manner as cattle and bison. Because of the addition of suspect

classification, we are revising the heading for Sec. 50.4 to read

``Classification of cattle, bison, and captive cervids as affected,

exposed, or suspect.''

We are also revising Sec. 50.8, concerning payment of expenses for

transporting and disposing of affected and exposed animals, to allow

the same payments for suspect cattle, bison, and captive cervids. Some

slaughtering establishments refuse to take suspect animals because, if

the animals are found to be infected with tuberculosis, restrictions on

the use of the meat increase slaughtering costs and reduce the value of

the meat. Consequently, some herd owners may have to transport suspect

animals long distances in order to find a slaughtering establishment

willing to take them. In such cases, the Department may pay some of the

expenses for transporting and disposing of the suspect animals, so that

owners do not opt to keep their suspect animals in the herd for further

testing, rather than pay for long-distance shipping.

Under Sec. 50.8, as amended, the Department may pay herd owners

one-half the expenses of transporting suspect cattle, bison, and

captive 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. These

are the same provisions that currently apply to the transport and

disposal of affected and exposed cattle, bison, and captive cervids. In

conjunction with this change, we are revising the heading for Sec. 50.8

to read ``Payment of expenses for transporting and disposing of

affected, exposed, and suspect animals.''

We are also revising Sec. 50.14, ``Claims not allowed.'' Paragraph

(b) of Sec. 50.14 has provided that claims for compensation for cattle,

bison, or captive cervids destroyed because of tuberculosis will not be

allowed if all cattle, bison, and captive cervids 2 years of age or

over in the claimant's herd have not been tested for tuberculosis under

APHIS or State supervision. Paragraph (b) has further provided that

cattle, bison, and captive cervids destroyed under Secs. 50.3(b) and

50.3(c) are exempt from this requirement if the cattle, bison, and

captive cervids are given a post-mortem examination for tuberculosis by

a Federal or State veterinarian. Section 50.3(b) concerns cattle,

bison, and captive cervids destroyed as part of a herd depopulation;

50.3(c) concerns cattle, bison, and captive cervids destroyed because

of exposure to tuberculosis.

We are revising Sec. 50.14(b) to also exempt cattle, bison, and

captive cervids destroyed under new Sec. 50.3(d) from the requirement

that all cattle, bison, and captive cervids 2 years of age or over in

the herd must be tested before indemnity may be claimed. Section

50.3(d) is added to the regulations by this document to provide

indemnity for certain suspect cattle, bison, and captive cervids. The

exemption is necessary in cases where all cattle, bison, and cervids in

the herd have not been tested, but it is still advantageous to destroy

the suspect animal. As in new Sec. 50.3(d), revised Sec. 50.14(b) will

require that if the suspect is found to be infected with tuberculosis,

the remainder of the herd must be tested for tuberculosis if indemnity

is to be paid.

Miscellaneous Change

The regulations at 9 CFR part 50 provide for the payment of Federal

indemnity to owners of certain cattle,

[[Page 34262]]

bison, cervids, and swine destroyed because of tuberculosis. On April

4, 1996, we published a proposed rule in the Federal Register (61 FR

14982-14999, Docket No. 92-076-1) to add interstate movement and

testing requirements for cervids to 9 CFR part 77. Comments we received

on the proposal for part 77 brought to our attention that the proposed

regulations for interstate movement and testing of cervids could be

interpreted to apply to wild cervids. While we have not published a

final rule regarding part 77, we are adding the term ``captive'' before

``cervid'' each time it appears in part 50 to clarify our intent.

In Sec. 50.1, a captive cervid is defined to mean ``All species of

deer, elk, and moose raised or maintained in captivity for the

production of meat and other products, for sport, or for exhibition.''

In the final rule for part 77, based on comments received, we are

considering revising the definition for captive cervid to read: ``All

species of deer, elk, moose, and all other members of the family

Cervidae raised or maintained in captivity for the production of meat

and other agricultural products, for sport, or for exhibition. A

captive cervid that escapes will continue to be considered a captive

cervid as long as it bears an official eartag or other identification

approved by APHIS with which to trace the animal back to its herd of

origin.'' If we do add this definition of captive cervid to part 77, we

propose to revise the definition of captive cervid in part 50 to be

consistent with part 77.

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 certain

suspect cattle, bison, and captive cervids from U.S. livestock herds.

Further, immediate action will give the agency time to utilize funds

designated for tuberculosis indemnity purposes in fiscal year 1998 to

pay indemnity for suspects before the end of the fiscal year. Prompt

destruction of suspect animals will help ensure continued progress

toward eradicating tuberculosis in the U.S. livestock population.

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 signature. 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 provide for the payment of Federal

indemnity to owners of cattle, bison, and captive cervids that have

been classified as suspects for tuberculosis and have been destroyed,

when it has been determined by APHIS that the destruction of the

suspect animals will contribute to the tuberculosis eradication program

in U.S. livestock. This rule also allows the U.S. Department of

Agriculture to pay herd owners some of their expenses for transporting

the suspect cattle, bison, and captive cervids to slaughter or to the

point of disposal, and for disposing of the animals. Prior to this

interim rule, owners of cattle, bison, and captive cervids could only

receive Federal indemnity for affected and exposed animals destroyed

because of tuberculosis, and for animals in an affected herd destroyed

as part of a herd depopulation. Indemnity for suspects will provide

incentive for owners to promptly destroy suspect animals, thereby

hastening the diagnosis of tuberculosis in a herd. This interim rule is

necessary to ensure continued progress toward eradicating tuberculosis

in U.S. livestock.

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, partly on a healthy livestock industry. The

industry's role in the economy is relatively significant. For 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 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 1997, the value of

live cattle, beef, and veal exports alone was approximately $2.6

billion.

In 1997, there were 1,167,910 U.S. operations with cattle and

bison, and the inventory of cattle and bison at the end of that year

stood at 101.2 million head. The value of cattle and bison in the

United States in 1997 was approximately $53 billion. Additionally,

there were approximately 1600 cervid producers in the United States in

1997, raising about 125,000 deer and elk valued at about $150 million.

Over 97 percent of the 1,167,910 cattle and bison operations in 1997

had a gross income of less than $500,000, classifying them as small

businesses. For cervid operations, holdings vary in size and degree of

commercialization, with many producers relying on other sources of

income. Most, if not all, U.S. cervid operations earn less than

$500,000 annually and would be considered small businesses.

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

1972, concluded that the benefits of the tuberculosis eradication

program exceeded costs by a 3.64 to 1 margin.

Under this interim rule, owners of cattle, bison, and captive

cervids that have been classified as suspects for tuberculosis and have

been destroyed will be eligible to receive up to $450 in indemnity per

animal, when it has been determined by APHIS that the destruction of

the suspect animals will contribute to the tuberculosis eradication

program in U.S. livestock.

Table 1 shows our expected indemnity payments under the

tuberculosis eradication program for cattle, bison, and captive cervids

for FY 1998 if we did not offer the indemnity for suspects provided by

this interim rule.

Table 1.--FY 1998 Payments Without Indemnity for Suspects

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Indemnity paid for reactors (300 animals at $750 each)...... $225,000

Indemnity paid for exposed animals for herd depopulation

(300 animals at $450 each)................................. 135,000

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Total estimated indemnity for FY 1998 without indemnity

for suspects........................................... 360,000

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We estimate that the number of suspect animals that herd owners

choose to slaughter as a result of being

[[Page 34263]]

able to receive indemnity will reduce the number of reactor animals by

one half. This will result in a savings on the amount of indemnity paid

for reactors. We estimate that approximately 250 suspect cattle, bison,

and captive cervids will be eligible for indemnity under this interim

rule in FY 1998. However, because of the reduced number of indemnity

payments for destruction of reactors, we do not expect this interim

rule to increase the total indemnity paid annually under the

tuberculosis eradication program. Table 2 shows our expected indemnity

payments in FY 1998 if we do offer the indemnity for suspects provided

by this interim rule.

Table 2.--FY 1998 Payments With Indemnity for Suspects

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Indemnity paid for reactors (150 animals at $750

each)............................................... $112,500

Indemnity paid for suspects (200-250 animals at $450

each)............................................... 90,000-112,500

Indemnity paid for exposed animals for herd

depopulation (300 animals at $450 each)............. 135,000

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Total estimated indemnity for FY 1998 with

indemnity for suspects.......................... 337,500-360,000

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These estimates are for FY 1998 only. However, we believe that

costs will be even lower in succeeding years as the prevalence of

tuberculosis declines in the United States.

The indemnity offered for suspects under this interim rule will be

less than the indemnity currently offered for reactors (reactors

qualify for $750 in indemnity; suspects will qualify for $450 in

indemnity). Even so, there are other incentives that we believe will

cause many herd owners to choose to slaughter their suspect animals and

accept the lower indemnity. Foremost is that reactor animals are almost

always condemned for public health reasons, whether or not they are

found upon examination of the carcass to be infected with tuberculosis,

and cannot be sold as meat. If a suspect animal is found upon

examination of the carcass to be negative for tuberculosis, it can be

sold as meat, so that the owner will get some value from the animal.

Generally, cattle to be sold for meat are valued at about $750 per

animal; bison and elk are valued at an average of $3500 per animal;

good quality fallow does and bucks have an average value of $600.

Offering suspect indemnity will also reduce the amount of required

testing, resulting in savings to herd owners. Normally, suspect animals

are given additional testing to determine if they are reactors. This

additional testing will be eliminated if owners choose to slaughter

their suspect animals. Also, herds found to contain reactor animals

must undergo additional testing to be released from quarantine. If

owners choose to slaughter their suspect animals, the additional

testing to release the herd from quarantine will be eliminated,

provided that the slaughtered suspect is found negative for

tuberculosis upon examination of the carcass. Herd owners incur costs

for testing due to the need for extra handling for rounding up animals,

and quarantines restrict owners from marketing their animals. The

reduction in subsequent testing and extended quarantines will

substantially reduce costs for herd owners who choose to slaughter

their suspect animals and receive indemnity.

This rule also allows the U.S. Department of Agriculture to pay

herd owners one-half the expenses of transporting suspect cattle,

bison, and captive 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. This is necessary in cases where an

owner must transport a suspect animal a long distance to a slaughtering

facility. The cost of transporting an animal from the quarantine site

to a slaughtering facility ranges from $50 to $100 per animal,

depending on the distance between the two locations. As stated

previously, we estimate that approximately 250 suspect cattle, bison,

and captive cervids will be eligible for indemnity under this interim

rule in FY 1998. If we assume that the Department will pay one half of

the expenses for the transport and disposal of every suspect animal

eligible for indemnity in FY 1998, we estimate that APHIS' costs under

this portion of the rule will not exceed $7,812.50 in FY 1998 (based on

75 percent of the payments at $25 per animal and 25 percent of the

payments at $50 per animal). We expect the Department will rarely

determine that it is necessary to pay more than one-half of transport

and disposal costs. Further, we do not expect that it will be necessary

to offer any transport expenses for the disposal of most suspect

animals. We also expect that costs will be lower in succeeding years as

the prevalence of tuberculosis in U.S. livestock declines.

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.

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 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).

Sec. 50.1 [Amended]

2. In Sec. 50.1, the defined term Cervid is revised to read Captive

cervid.

3. In Sec. 50.1, the word ``captive'' is added before the word

``cervids'' in the following places:

a. The definition of Herd depopulation, each time it appears.

b. The definition of Livestock.

c. The definition of Permit.

d. The defined term Reactor cattle, bison, and cervids.

[[Page 34264]]

e. The defined term Registered cattle, bison, or cervids, and in

the text of the definition.

4. In Sec. 50.1, in the definition of Reactor cattle, bison, and

cervids, the last sentence, the word ``Cervids'' is removed and the

words ``Captive cervids'' are added in its place.

Sec. 50.2 [Amended]

5. In Sec. 50.2, the word ``captive'' is added before the word

``cervids''.

Sec. 50.3 [Amended]

6. In Sec. 50.3, the word ``captive'' is added before the word

``cervids'' in the following places:

a. Paragraph (a), in the heading and in the text.

b. Paragraph (b), in the heading and in the text each time it

appears.

c. Paragraph (c), in the heading and in the text each time it

appears.

7. In Sec. 50.3, paragraph (d) is redesignated as paragraph (e),

and a new paragraph (d) is added to read as follows:

Sec. 50.3 Payment to owners for animals destroyed.

* * * * *

(d) Suspect cattle, bison, and captive cervids. The Administrator

may authorize the payment of Federal indemnity to owners of cattle,

bison, and captive cervids destroyed because of tuberculosis not to

exceed $450 for any animal that has been classified as a suspect in

accordance with Sec. 50.4(c) when it has been determined by the

Administrator that the destruction of the suspect cattle, bison, or

captive cervids will contribute to the Tuberculosis Eradication

Program; but the joint State-Federal indemnity payments, plus salvage,

must not exceed the appraised value of each animal: Provided, however,

that payment of indemnity for the destruction of suspect cattle, bison,

and captive cervids will be withheld until the tuberculosis status of

the suspect has been determined and, if the cattle, bison, or captive

cervid is found to be infected with tuberculosis, all cattle, bison,

and captive cervids 2 years of age or over in the claimant's herd have

been tested for tuberculosis under APHIS or State supervision.

* * * * *

8. In Sec. 50.4, the word ``captive'' is added before the word

``cervids'' in the following places:

a. Paragraph (a).

b. Paragraph (b), the introductory text, each time it appears.

c. Paragraph (b)(3).

9. In Sec. 50.4, the heading is revised and a new paragraph (c) is

added to read as follows:

Sec. 50.4 Classification of cattle, bison, and captive cervids as

affected, exposed, or suspect.

* * * * *

(c) Cattle and bison are classified as suspects for tuberculosis

based on a positive response to an official tuberculin test, in

accordance with the ``Uniform Methods and Rules--Bovine Tuberculosis

Eradication'' (incorporated into the regulations by reference in part

77). Captive cervids are classified as suspects for tuberculosis in the

same manner as cattle and bison.

Sec. 50.5 [Amended]

10. In Sec. 50.5, the word ``captive'' is added before the word

``cervid''.

Sec. 50.6 [Amended]

11. In Sec. 50.6, the word ``captive'' is added before the word

``cervids'' in the following places:

a. The introductory text.

b. Paragraph (d), in the heading and in the text each time it

appears.

c. Paragraph (e), in the heading and in the text each time it

appears.

Sec. 50.7 [Amended]

12. In Sec. 50.7, in paragraphs (a) and (b), the word ``captive''

is added before the word ``cervids''.

Sec. 50.8 [Amended]

13. In Sec. 50.8, the heading is revised to read ``Payment of

expenses for transporting and disposing of affected, exposed, and

suspect animals.''

14. In Sec. 50.8, the phrase ``affected or exposed cattle, bison,

and cervids'' is removed both times it appears and the phrase

``affected, exposed, or suspect cattle, bison, and captive cervids'' is

added in its place.

Sec. 50.9 [Amended]

15. In Sec. 50.9, the word ``captive'' is added before the word

``cervids'' each time it appears.

Sec. 50.10 [Amended]

16. In Sec. 50.10, the word ``captive'' is added before the word

``cervids''.

Sec. 50.11 [Amended]

17. In Sec. 50.11, the word ``captive'' is added before the word

``cervids'' each time it appears.

Sec. 50.12 [Amended]

18. In Sec. 50.12, the word ``captive'' is added before the word

``cervids'' each time it appears.

19. In Sec. 50.14, the word ``captive'' is added before the word

``cervids'' in the following places:

a. The introductory text.

b. Paragraph (d), each time it appears.

c. Paragraph (e), the introductory text, each time it appears.

d. Paragraph (e)(2)(i).

e. Paragraph (e)(2)(ii).

f. Paragraph (f).

20. In Sec. 50.14, paragraph (b) is revised to read as follows:

Sec. 50.14 Claims not allowed.

* * * * *

(a) * * *

(b) If all cattle, bison, and captive cervids 2 years of age or

over in the claimant's herd have not been tested for tuberculosis under

APHIS or State supervision: Provided, however, that:

(1) Cattle, bison, and captive cervids destroyed because of

tuberculosis under Sec. 50.3(b) or (c) are exempt from this requirement

if the cattle, bison, or captive cervids are subjected to a post-mortem

examination for tuberculosis by a Federal or State veterinarian; and

(2) Cattle, bison, and captive cervids destroyed because of

tuberculosis under Sec. 50.3(d) are exempt from this requirement if the

cattle, bison, or captive cervids are subjected to a post-mortem

examination for tuberculosis by a Federal or State veterinarian and

found not to have tuberculosis.

* * * * *

Done in Washington, DC, this 17th day of June 1998.

Charles Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-16747 Filed 6-23-98; 8:45 am]

BILLING CODE 3410-34-P