Approved Tests for Bovine Tuberculosis in Cervids, 43923-43927 [2014-17877]
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Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations
law or regulation, as specified in
paragraph (c) of this section. Actions
under a promotion plan—whether
identification, qualification, evaluation,
or selection of candidates—must be
made without regard to race, color,
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(including family medical history),
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affiliation or nonaffiliation, status as a
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into consideration when awarding such
benefits, or retaliation for exercising
rights with respect to the categories
enumerated above, where retaliation
rights are available, and must be based
solely on job-related criteria.
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PART 410—TRAINING
9. Revise the authority citation for 5
CFR part 410 to read as follows:
■
Authority: 5 U.S.C. 1103(c), 2301, 2302,
4101, et seq.; E.O. 11348, 3 CFR, 1967 Comp.,
p. 275, E.O. 11478, 3 CFR 1966–1970 Comp.,
page 803, unless otherwise noted, E.O.
13087; and E.O. 13152.
10. Revise § 410.302(a)(1) to read as
follows:
PART 537—REPAYMENT OF STUDENT
LOANS
11. Revise the authority citation for 5
CFR part 537 to read as follows:
■
Authority: 5 U.S.C. 2301, 2302, and
5379(g); E.O. 11478, 3 CFR 1966–1970
Comp., page 803, unless otherwise noted,
E.O. 13087; and E.O. 13152.
12. Revise § 537.105(d) to read as
follows:
■
§ 537.105
Criteria for payment.
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(d) Selection. When selecting
employees (or job candidates) to receive
student loan repayment benefits,
agencies must ensure that benefits are
awarded without regard to race, color,
religion, sex (including pregnancy and
gender identity), national origin, age (as
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Employment Act of 1967, as amended),
disability, genetic information
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marital status, political affiliation,
sexual orientation, labor affiliation or
nonaffiliation, status as a parent, or any
other non-merit-based factor, unless
specifically designated by statute as a
factor that must be taken into
consideration when awarding such
benefits, or retaliation for exercising
rights with respect to the categories
enumerated above, where retaliation
rights are available.
■
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§ 410.302
agency.
PART 900—INTERGOVERNMENTAL
PERSONNEL ACT PROGRAMS
Responsibility of the head of an
(a) Specific responsibilities. (1) The
head of each agency must prescribe
procedures as are necessary to ensure
that the selection of employees for
training is made without regard to race,
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and gender identity), national origin,
age (as defined by the Age
Discrimination in Employment Act of
1967, as amended), disability, genetic
information (including family medical
history), marital status, political
affiliation, sexual orientation, labor
organization affiliation or nonaffiliation,
status as parent, or any other non-meritbased factor, unless specifically
designated by statute as a factor that
must be taken into consideration when
awarding such benefits, or retaliation for
exercising rights with respect to the
categories enumerated above, where
retaliation rights are available, and with
proper regard for their privacy and
constitutional rights as provided by
merit system principles set forth in 5
U.S.C. 2301(b)(2).
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Subpart F—Standards for a Merit
System of Personnel Administration
13. Revise the authority citation for 5
CFR part 900, subpart F, to read as
follows:
■
Authority: 42 U.S.C. 4728, 4763; E.O.
11589, 3 CFR part 557 (1971–75
Compilation); 5 U.S.C. 2301, 2302, E.O.
11478, 3 CFR 1966–1970 Comp., page 803,
unless otherwise noted, E.O. 13087; and E.O.
13152.
14. Revise § 900.603(e) to read as
follows:
■
§ 900.603 Standards for a merit system of
personnel administration.
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(e) Assuring fair treatment of
applicants and employees in all aspects
of personnel administration without
regard to race, color, religion, sex
(including pregnancy and gender
identity), national origin, age (as defined
by the Age Discrimination in
Employment Act of 1967, as amended),
disability, genetic information
(including family medical history),
marital status, political affiliation,
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sexual orientation, status as parent,
labor organization affiliation or
nonaffiliation in accordance with
chapter 71 of title V, or any other nonmerit-based factor, or retaliation for
exercising rights with respect to the
categories enumerated above, where
retaliation rights are available, and with
proper regard for their privacy and
constitutional rights as citizens. This
‘‘fair treatment’’ principle includes
compliance with the Federal equal
employment opportunity and
nondiscrimination laws.
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[FR Doc. 2014–17802 Filed 7–25–14; 8:45 am]
BILLING CODE 6320–B2–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 77
[Docket No. APHIS–2014–0027]
Approved Tests for Bovine
Tuberculosis in Cervids
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
We are amending the
regulations regarding official
tuberculosis tests for captive cervids to
remove the CervidTB Stat-Pak® as an
official bovine tuberculosis test for the
following species of captive cervids:
Elk, red deer, white-tailed deer, fallow
deer, and reindeer. We are also
amending the regulations to specify that
the Dual Path Platform (DPP)® test,
which was previously a supplemental
test to be used in conjunction with the
CervidTB Stat-Pak®, is now considered
a primary test, as well. We are taking
this action because the CervidTB StatPak® is no longer being produced, and
because we have determined that the
DPP® test can reliably be used as a
primary test for bovine tuberculosis in
certain species of captive cervids. This
action is necessary on an immediate
basis so that the regulations do not
continue to authorize usage of a
discontinued test, yet still provide
regulated entities with options in order
to meet the testing requirements for
captive cervids within the regulations.
DATES: This interim rule is effective July
29, 2014. We will consider all
comments that we receive on or before
September 29, 2014.
ADDRESSES: You may submit comments
by either of the following methods:
SUMMARY:
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Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations
• Federal eRulemaking Portal: Go to:
https://www.regulations.gov/
#!docketDetail;D=APHIS-2014-0027.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2014–0027, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2014-0027 or
in our reading room, which 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) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Dr.
Owen Henderson, Senior Staff Cervid
Tuberculosis Disease Specialist, Cervid
Health Program, Sheep, Goat, Cervid,
and Equine Health Center, Surveillance,
Preparedness, and Response Services,
VS, APHIS, 2150 Centre Avenue,
Building B–3–123, Fort Collins, CO
80526–8117; (970) 494–7317.
SUPPLEMENTARY INFORMATION:
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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
livestock, most notably bison and
captive cervids. There have also been
instances of infection in other domestic
and nondomestic animals, as well as in
humans.
Through the National Cooperative
State/Federal Bovine Tuberculosis
Eradication Program, the Animal and
Plant Health Inspection Service (APHIS)
of the United States Department of
Agriculture (USDA) works cooperatively
with the Nation’s livestock industry and
State animal health agencies to eradicate
bovine tuberculosis from domestic
livestock in the United States and
prevent its recurrence.
Federal regulations implementing this
program are contained in 9 CFR part 77,
‘‘Tuberculosis’’ (referred to below as the
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regulations) and in the ‘‘Uniform
Methods and Rules—Bovine
Tuberculosis Eradication,’’ which is
incorporated by reference within the
regulations. The regulations restrict the
interstate movement of cattle, bison, and
captive cervids to prevent the spread of
bovine tuberculosis. Subpart C of the
regulations (§§ 77.20 to 77.41, referred
to below as the captive cervid
regulations) addresses captive cervids.
Currently, in the captive cervid
regulations, there are several instances
in which we require captive cervids to
be tested with an official tuberculosis
test. For example, in § 77.35, in order for
a herd of captive cervids to be
recognized as accredited, all cervids in
the herd must have tested negative to at
least two consecutive official
tuberculosis tests, conducted at 9 to 15
month intervals, with certain, limited
exceptions.
In § 77.20 of the captive cervid
regulations, prior to issuance of this
interim rule, the definition of official
tuberculosis test listed the following as
official tests for bovine tuberculosis in
captive cervids:
• The single cervical tuberculin (SCT)
test, a primary test.
• The comparative cervical tuberculin
test (CCT) test, a supplemental test.
• The CervidTB Stat-Pak® test, a
primary test.
• The Dual Path Platform (DPP®) test,
a supplemental test.
We specified that the SCT and CCT
tests were official tuberculosis tests for
all species of captive cervids in a final
rule published in the Federal Register
on December 31, 1998 (63 FR 72104–
72129, Docket No. 92–076–2). We added
the CervidTB Stat-Pak® and DPP® tests
as official tuberculosis tests for captive
elk, red deer, white-tailed deer, fallow
deer, and reindeer in an interim rule 1
published in the Federal Register on
January 9, 2013 (78 FR 1718–1723,
Docket No. APHIS–2012–0087).
We solicited comments concerning
the interim rule for 60 days ending
March 11, 2013. We received 11
comments by that date. They were from
captive cervid producers, an
organization representing captive cervid
producers within the United States, and
an organization representing
veterinarians within the United States.
All commenters supported the rule.
Since the interim rule was published,
however, production of the CervidTB
Stat-Pak® has been discontinued. For
this reason, in this interim rule, we are
1 To view the interim rule, its supporting
documents, or the comments that we received, go
to https://www.regulations.gov/
#!docketDetail;D=APHIS-2012-0087.
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amending the captive cervid regulations
to remove the CervidTB Stat-Pak® from
the list of official tuberculosis tests.
When we were informed that the
CervidTB Stat-Pak® test would be
discontinued, we began to evaluate the
possible use of the DPP® test as a
primary test, with the intent of
determining whether the DPP® test
could be used in lieu of the CervidTB
Stat-Pak® test once the latter ceased to
be produced. We have determined that
it can be used in such a manner.
Accordingly, this rule also amends the
captive cervid regulations to establish a
testing protocol in which the DPP® test
is used as both a primary and
supplemental test for bovine
tuberculosis in elk, red deer, whitetailed deer, fallow deer, and reindeer.
Below, we discuss the changes we are
making to the captive cervid
regulations, by section.
Definitions (§ 77.20)
As we mentioned previously, prior to
issuance of this interim rule, the
definition of official tuberculosis test in
§ 77.20 listed the CervidTB StatPak® as
an official tuberculosis test. We are
amending the definition of official
tuberculosis test to remove the CervidTB
StatPak® from the official tuberculosis
tests listed in the definition.
Section 77.20 also provides
definitions of each official tuberculosis
test. We are removing the definition of
CervidTB Stat-Pak®.
The definition of designated
accredited veterinarian in § 77.20 had
stated that, among other things, a
designated accredited veterinarian is an
accredited veterinarian who is trained
and approved to draw the blood
samples needed for the CervidTB StatPak® and DPP® test. (Both tests are
serological.) We are amending the
definition of designated accredited
veterinarian to remove reference to the
CervidTB Stat-Pak® test.
Testing Procedures for Tuberculosis in
Captive Cervids (§ 77.33)
Section 77.33 of the captive cervid
regulations specifies, among other
things, who may administer official
tuberculosis tests, which diagnostic
laboratories have been approved by
APHIS, the reporting requirements for
each test, and how the tests will be
interpreted. We are removing references
to the CervidTB Stat-Pak® test from this
section. We are also updating the Web
addresses provided in paragraph (d)(2)
of the section in light of a recent
redesign of APHIS’ Web site, and
replacing a reference to ‘‘local area VS
offices’’ in the same paragraph with the
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term ‘‘District offices,’’ which reflects
current Agency terminology.
Official Tuberculosis Tests (§ 77.34)
As we mentioned previously, § 77.34
of the captive cervid regulations
contains requirements regarding the
sequence in which official tuberculosis
tests should be administered and the
manner in which test results should be
interpreted for purposes of the captive
cervid regulations. Requirements
regarding primary tests for tuberculosis
are contained in paragraph (a) of
§ 77.34; requirements for supplemental
tests in paragraph (b). We are amending
paragraph (a) of § 77.34 to reflect the
fact that the CervidTB Stat-Pak® test is
discontinued, and the DPP® test may
now be used as a primary test.
As amended, paragraph (a) of § 77.34
specifies that the DPP® test is a primary
test that may be used in individual
captive elk, red deer, white-tailed deer,
fallow deer, and reindeer, and in herds
of these species that are of unknown
tuberculous status. It further specifies
that, with limited exceptions, each
captive cervid that has non-negative test
results to this initial DPP® test will be
classified as a suspect and retested with
the DPP® test no sooner than 30 days;
a captive cervid that has non-negative
test results to the DPP® test must not be
retested using the SCT or CCT test. (We
are also amending the paragraph to
specify that the each captive cervid that
responds to the SCT test must not be
retested with the DPP® test.) Finally, it
allows the DPP® test to be used in
affected herds of captive elk, red deer,
white-tailed deer, fallow deer, and
reindeer, and in herds of these species
that have received captive cervids from
an affected herd; in such instances, each
captive cervid that has non-negative test
results to the DPP® test will be
classified as a reactor, unless APHIS
determines that the captive cervid
should be classified as a suspect
because of possible exposure to a
tuberculous animal.
With minor changes, these
requirements for the use of the DPP®
test as a primary test mirror the
requirements that had previously been
in paragraph (a) of § 77.34 regarding use
of the CervidTB Stat-Pak® test as a
primary test. Most of the changes are
editorial; one, which removes a
reference to designated tuberculosis
epidemiologists, reflects an
organizational restructuring in APHIS
and is discussed in greater detail later
in this document.
We are specifying that most captive
cervids that have non-negative test
results to the initial DPP® test must be
classified as suspects and retested no
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sooner than 30 days later using the
DPP® test as a supplemental test. By
reduplicating the initial testing
conditions to the extent practicable at
such an interval, we have firm
confidence in the test results provided
by this second DPP® test.
As amended, paragraph (b) of § 77.34
specifies that the DPP® test may be used
as a supplemental test to retest captive
cervids that have been classified as
suspects based on an initial DPP® test.
It further specifies that this
supplemental test must evaluate a
serum sample drawn from the cervid no
sooner than 30 days after the initial
DPP® test, and that a captive cervid that
has non-negative test results to two
successive DPP® tests must be classified
as a reactor, unless APHIS determines
that another disease classification is
warranted.
Interstate Movements (§ 77.39)
Section 77.39 of the captive cervid
regulations contains restrictions on the
interstate movement of captive cervid
herds involved in an epidemiological
investigation or subject to affected herd
management. We are removing
references to and provisions regarding
the CervidTB Stat-Pak® test from this
section.
Miscellaneous
Since the January 2013 interim rule to
add the CervidTB Stat-Pak® and DPP
tests to the captive cervid regulations
was issued, the Office of Management
and Budget (OMB) has approved the
paperwork associated with that interim
rule under the control number 0579–
0412. We are adding a reference to this
approval to § 77.33, which contains the
paperwork requirements for which we
sought OMB approval.
Additionally, since the interim rule
was published, APHIS’ Veterinary
Services program has undergone a
reorganization. As a result of this
reorganization, APHIS has eliminated
the role of designated tuberculosis
epidemiologist (DTE). The functions
previously reserved for DTEs are now
performed by various APHIS personnel.
As a result, we are removing references
to DTEs from the captive cervid
regulations, and are removing the
definition of designated tuberculosis
epidemiologist from § 77.2 of the
regulations. We are replacing the
references to DTEs within the captive
cervid regulations with references to
APHIS.
Immediate Action
Immediate action is warranted to
provide regulated entities who must
have their captive cervids tested in
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43925
order to comply with the captive cervid
regulations with additional testing
options following discontinuation of the
CervidTB Stat-Pak® test. 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 in which we will
respond to the comments we receive
and finalize or, as necessary, revise the
provisions of this interim rule.
Executive Order 12866 and Regulatory
Flexibility Act
This interim rule is subject to
Executive Order 12866. However, for
this action, the Office of Management
and Budget has waived its review under
Executive Order 12866.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities.
This rule removes the CervidTB StatPak® as an official tuberculosis test for
captive cervids, and establishes a testing
protocol where the DPP® test may be
used in lieu of the CervidTB Stat-Pak®
test.
It is APHIS policy that owners are
responsible for assuming the costs
associated with primary official
tuberculosis tests for bovine
tuberculosis in captive cervids; the
Agency assumes the cost of
corroboratory testing. Bovine
tuberculosis testing using the SCT test,
including veterinary fees, costs about
$10 to $15 per head. We have estimated
bovine tuberculosis testing using the
DPP® test to cost approximately $13 to
$15 per head. Owners of captive cervids
will not be required to use the DPP® test
instead of the SCT test, but may choose
to do so if they determine such use to
be cost-effective for their operations.
That being said, we do anticipate that
producers may, in certain instances,
experience benefits because of the
availability of the DPP® test as official
primary tuberculosis test for captive
cervids. This is because of the nature of
the DPP® test. As a serological test, it is
relatively easy to administer, in
comparison to the SCT and CCT tests,
and does not require the animals to be
held for a significant period of time
while the test is applied. There is thus
a lower risk of misapplication of the
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tests and morbidity due to handling of
the animals during application.
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.)
§ 77.33 Testing procedures for
tuberculosis in captive cervids.
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(d) * * *
(2) DPP® test. The veterinarian who
draws blood from the captive cervid
must submit a form specified by APHIS
for such requests to NVSL to perform
Paperwork Reduction Act
the DPP® test on the blood sample. The
This rule contains no new
form is available at the following Web
information collection or recordkeeping site: https://www.aphis.usda.gov/wps/
requirements under the Paperwork
portal/footer/resources/forms; click on
Reduction Act of 1995 (44 U.S.C. 3501
the ‘‘VS forms’’ link on that Web page.
et seq.).
The veterinarian must also fill out the
relevant portions of a test record. This
List of Subjects in 9 CFR Part 77
form may be obtained by contacting the
Animal diseases, Bison, Cattle,
local district VS office, information
Reporting and recordkeeping
regarding which is available at: https://
requirements, Transportation,
www.aphis.usda.gov/wps/portal/aphis/
Tuberculosis.
ourfocus/animalhealth?1dmy&
Accordingly, we are amending 9 CFR
urile=wcm%3apath%3a%2Faphis
part 77 as follows:
_content_library%2Fsa_our_
focus%2Fsa_animal_health%2Fsa_
PART 77—TUBERCULOSIS
contact_us%2Fsa_map%2Fct_state_
contacts_map. This record must be sent
■ 1. The authority citation for part 77
to the offices of the State and Federal
continues to read as follows:
animal health officials in the State.
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
(e) * * *
2.80, and 371.4.
(3) Interpretation of DPP® test results
will be in accordance with the
§ 77.2 [Amended]
classification requirements described in
■ 2. Section 77.2 is amended by
§ 77.34.
removing the definition of designated
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tuberculosis epidemiologist (DTE).
(Approved by the Office of Management
■ 3. Section 77.20 is amended as
and Budget under control number 0579–
follows:
0412)
■ a. In the definition of designated
accredited veterinarian, by removing the ■ 5. Section 77.34 is amended as
follows:
words ‘‘CervidTB Stat-Pak® test and’’;
■ a. In paragraphs (a)(1) and (b)(1), by
■ b. By revising the definition of official
removing the words ‘‘the DTE’’ each
tuberculosis test; and
■ c. By removing the definition of
time that they occur, and adding the
CervidTB Stat-Pak® test.
word ‘‘APHIS’’ in their place;
The revision reads as follows:
■ b. In paragraph (a)(1), by removing the
words ‘‘CervidTB Stat-Pak® or DPP®
§ 77.20 Definitions.
tests’’ and adding the words ‘‘DPP®
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test’’ in their place; and
Official tuberculosis test. Any of the
■ c. By revising paragraphs (a)(2) and
following tests for bovine tuberculosis
(b)(2).
in captive cervids, applied and reported
The revisions read as follows:
in accordance with this part:
§ 77.34 Official tuberculosis tests.
(1) The single cervical tuberculin
(a) * * *
(SCT) test.
(2) The comparative cervical
(2) DPP® test. (i) The DPP® test is a
tuberculin test (CCT) test.
primary test that may be used in
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. It has no preemptive effect.
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(3) The Dual Path Platform (DPP®)
test.
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■ 4. Section 77.33 is amended as
follows:
■ a. In paragraph (a)(2), by removing the
words ‘‘CervidTB Stat-Pak® or’’;
■ b. By revising paragraphs (d)(2) and
(e)(3);
■ c. By removing paragraph (e)(4); and
■ d. By adding an OMB citation at the
end of the section.
The addition and revisions read as
follows:
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individual captive elk, red deer, whitetailed deer, fallow deer, and reindeer,
and in herds of these species that are of
unknown tuberculous status. Except as
specified in paragraph (a)(2)(ii) of this
section, each captive cervid that has
non-negative test results to this initial
DPP® test will be classified as a suspect
and retested with the DPP® test. A
captive cervid that has non-negative test
results to the DPP® test must not be
retested using the SCT or CCT test.
(ii) The DPP® test is a primary test
that may be used in affected herds of
captive elk, red deer, white-tailed deer,
fallow deer, and reindeer, and in herds
of these species that have received
captive cervids from an affected herd. In
such herds, each captive cervid that has
non-negative test results to the DPP®
test will be classified as a reactor, unless
APHIS determines that the captive
cervid should be classified as a suspect
because of possible exposure to a
tuberculous animal.
(b) * * *
(2) DPP® test. The DPP® test may be
used as a supplemental test in order to
retest captive cervids that have been
classified as suspects based on an initial
DPP® test. In such instances, the
supplemental DPP® test must evaluate a
new serum sample drawn from the
cervid no sooner than 30 days after the
initial DPP® test. A captive cervid that
has non-negative test results on two
successive DPP® tests will be classified
as a reactor, unless APHIS determines
that another disease classification is
warranted.
§ 77.39
[Amended]
6. Section 77.39 is amended as
follows:
■ a. By removing paragraph (a)(1)(iii);
■ b. By redesignating paragraph
(a)(1)(iv) as paragraph (a)(1)(iii);
■ c. In paragraphs (b)(2)(iv) and (c), by
removing the words ‘‘the DTE’’ and
adding the word ‘‘APHIS’’ in their
place;
■ d. In paragraph (e), introductory text,
by removing the words ‘‘CervidTB StatPak®’’ each time they appear and adding
the word ‘‘DPP®’’ in their place;
■ e. In paragraph (e)(2), by removing the
words ‘‘the DTE’’ and adding the word
‘‘APHIS’’ in their place;
■ f. In paragraph (e)(3), by removing the
words ‘‘CervidTB Stat-Pak®’’ each time
they appear and adding the word
‘‘DPP®’’ in their place;
■ g. In paragraph (f)(1), by removing the
words ‘‘CervidTB Stat-Pak®’’ each time
they appear and adding the word
‘‘DPP®’’ in their place and by removing
the words ‘‘the DTE’’ and adding the
word ‘‘APHIS’’ in their place; and
■
E:\FR\FM\29JYR1.SGM
29JYR1
Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Rules and Regulations
■ h. In paragraph (f)(2), by removing the
words ‘‘CervidTB Stat-Pak®’’ and
adding the word ‘‘DPP®’’ in their place.
Done in Washington, DC, this 23rd day of
July 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–17877 Filed 7–28–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2014–BT–STD–0026]
RIN 1904–AD32
Energy Conservation Program for
Consumer Products: Energy
Conservation Standards for
Residential Furnaces; Energy
Conservation Standards for
Residential Direct Heating Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; technical
amendment.
AGENCY:
The U.S. Department of
Energy (DOE) is issuing a final rule
technical amendment to implement two
orders issued by the U.S. Court of
Appeals for the District of Columbia
Circuit in separate litigation.
Specifically, DOE is amending the
relevant portions of its regulations to
reflect the Court’s order vacating the
amended energy conservation standards
for non-weatherized gas furnaces
(including mobile home furnaces),
which were adopted in the June 27,
2011 direct final rule for residential
furnaces and residential central air
conditioners and heat pumps. Similarly,
DOE is also amending the relevant
portions of its regulation to reflect the
Court’s decision to vacate the regulatory
definition of ‘‘vented hearth heater’’
(and by implication, the associated
energy conservation standards), which
were developed in the April 27, 2010
and November 18, 2011 final rules for
residential direct heating equipment.
DATES: Effective Date: July 29, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
John Cymbalsky, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 287–1692. Email:
John.Cymbalsky@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
rmajette on DSK2TPTVN1PROD with RULES2
SUMMARY:
VerDate Mar<15>2010
14:29 Jul 28, 2014
Jkt 232001
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9507. Email:
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Residential Furnaces
On November 19, 2007, DOE
published a final rule in the Federal
Register (hereinafter the ‘‘November
2007 final rule’’) that amended the
energy conservation standards for
residential furnaces and boilers. 72 FR
65136. The compliance date for the
standards was set at November 19, 2015.
However, following DOE’s adoption of
the November 2007 final rule, several
parties jointly sued DOE in the United
States Court of Appeals for the Second
Circuit (Second Circuit) to invalidate
the rule.1 The petitioners asserted that
the standards for residential furnaces
promulgated in the November 2007 final
rule did not reflect the ‘‘maximum
improvement in energy efficiency’’ that
‘‘is technologically feasible and
economically justified,’’ as required
under 42 U.S.C. 6295(o)(2)(A). On April
16, 2009, DOE filed with the Court a
motion for voluntary remand that the
petitioners did not oppose. The motion
did not state that the November 2007
final rule would be vacated, but
indicated that DOE would revisit its
initial conclusions outlined in the
November 2007 final rule in a
subsequent rulemaking action. DOE also
agreed that the final rule resulting from
the subsequent rulemaking action
would address both regional standards
for furnaces, as well as the effects of
alternate standards on natural gas
prices. On April 21, 2009, the U.S. Court
of Appeals for the Second Circuit
granted DOE’s motion, thereby
remanding the rule to DOE for further
proceedings without vacating the
November 2007 final rule.
On June 27, 2011 DOE published a
final rule in the Federal Register
(hereinafter the ‘‘June 2011 direct final
rule’’) that amended the energy
conservation standards for residential
furnaces pursuant to the voluntary
remand in State of New York, et al. v.
Department of Energy, et al. On October
31, 2011, DOE published a notice of
effective date and compliance dates to
confirm these amended energy
conservation standards and compliance
dates contained in the June 2011 direct
final rule. 76 FR 67037. After the
publication of the October 2011 notice,
1 Petition for Review, State of New York, et al. v.
Department of Energy, et al., Nos. 08–0311–ag(L);
08–0312–ag(con) (2d Cir. filed Jan. 17, 2008).
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
43927
the American Public Gas Association
(APGA) sued DOE in the United States
Court of Appeals for the District of
Columbia Circuit (DC Circuit) to
invalidate the rule as it pertained to
non-weatherized gas furnaces.2 On
March 11, 2014, DOE and APGA, as
well as the various intervenors in the
case, filed a joint motion for approval of
a settlement in which DOE agreed to
seek a remand of the non-weatherized
gas furnaces portion of the June 27, 2011
direct final rule. On April 24, 2014, the
DC Circuit approved the settlement
agreement and issued an order that the
standards established for nonweatherized gas furnaces and mobile
home gas furnaces be vacated and
remanded to DOE for further
rulemaking.3 As a result, the standards
established by the June 2011 direct final
rule for the non-weatherized gas
furnaces and mobile home gas furnaces
will not go into effect, and instead, the
standards established for these product
classes of furnaces in the November 19,
2007 final rule will come into effect,
with compliance required beginning on
November 19, 2015. Thus, DOE is
amending the Code of Federal
Regulations (CFR) to reflect the Court’s
order impacting the standards for nonweatherized gas furnaces and mobile
home gas furnaces.
B. Residential Hearth Products
In a final rule published in the
Federal Register on April 16, 2010
(hereinafter the ‘‘April 2010 final rule’’),
DOE promulgated a definition for
‘‘vented hearth heater,’’ established
product classes for vented gas hearth
direct heating equipment, and set
minimum energy conservation
standards for vented gas hearth direct
heating equipment. 75 FR 20112.
Compliance with the standard would
have been required by April 16, 2013.
Following DOE’s adoption of the April
2010 final rule, the Hearth, Patio &
Barbecue Association (HPBA) sued DOE
in the DC Circuit to invalidate the rule
as it pertained to vented gas hearth
products.4
On November 18, 2011, DOE
published a final rule in the Federal
Register that amended the definition of
‘‘vented hearth heater’’ to clarify the
2 Petition for Review, American Public Gas
Association v. U.S. Department of Energy, et al., No.
11–1485 (D.C. Cir. filed Dec. 23, 2011).
3 Consistent with the settlement agreement, the
direct final rule’s amended standards for
weatherized gas furnaces, non-weatherized oil-fired
furnaces, and central air conditioners and heat
pumps were allowed to be implemented on
schedule.
4 Petition for Review, Hearth, Patio, & Barbecue
Association v. Department of Energy, et al., No 10–
1113 (D.C. Cir. filed May 27, 2010).
E:\FR\FM\29JYR1.SGM
29JYR1
]]>Agencies
[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Rules and Regulations]
[Pages 43923-43927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17877]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. APHIS-2014-0027]
Approved Tests for Bovine Tuberculosis in Cervids
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations regarding official
tuberculosis tests for captive cervids to remove the CervidTB Stat-
Pak[supreg] as an official bovine tuberculosis test for the following
species of captive cervids: Elk, red deer, white-tailed deer, fallow
deer, and reindeer. We are also amending the regulations to specify
that the Dual Path Platform (DPP)[supreg] test, which was previously a
supplemental test to be used in conjunction with the CervidTB Stat-
Pak[supreg], is now considered a primary test, as well. We are taking
this action because the CervidTB Stat-Pak[supreg] is no longer being
produced, and because we have determined that the DPP[supreg] test can
reliably be used as a primary test for bovine tuberculosis in certain
species of captive cervids. This action is necessary on an immediate
basis so that the regulations do not continue to authorize usage of a
discontinued test, yet still provide regulated entities with options in
order to meet the testing requirements for captive cervids within the
regulations.
DATES: This interim rule is effective July 29, 2014. We will consider
all comments that we receive on or before September 29, 2014.
ADDRESSES: You may submit comments by either of the following methods:
[[Page 43924]]
Federal eRulemaking Portal: Go to: https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0027.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2014-0027, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0027 or in our reading room, which 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) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Dr. Owen Henderson, Senior Staff
Cervid Tuberculosis Disease Specialist, Cervid Health Program, Sheep,
Goat, Cervid, and Equine Health Center, Surveillance, Preparedness, and
Response Services, VS, APHIS, 2150 Centre Avenue, Building B-3-123,
Fort Collins, CO 80526-8117; (970) 494-7317.
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
livestock, most notably bison and captive cervids. There have also been
instances of infection in other domestic and nondomestic animals, as
well as in humans.
Through the National Cooperative State/Federal Bovine Tuberculosis
Eradication Program, the Animal and Plant Health Inspection Service
(APHIS) of the United States Department of Agriculture (USDA) works
cooperatively with the Nation's livestock industry and State animal
health agencies to eradicate bovine tuberculosis from domestic
livestock in the United States and prevent its recurrence.
Federal regulations implementing this program are contained in 9
CFR part 77, ``Tuberculosis'' (referred to below as the regulations)
and in the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication,'' which is incorporated by reference within the
regulations. The regulations restrict the interstate movement of
cattle, bison, and captive cervids to prevent the spread of bovine
tuberculosis. Subpart C of the regulations (Sec. Sec. 77.20 to 77.41,
referred to below as the captive cervid regulations) addresses captive
cervids.
Currently, in the captive cervid regulations, there are several
instances in which we require captive cervids to be tested with an
official tuberculosis test. For example, in Sec. 77.35, in order for a
herd of captive cervids to be recognized as accredited, all cervids in
the herd must have tested negative to at least two consecutive official
tuberculosis tests, conducted at 9 to 15 month intervals, with certain,
limited exceptions.
In Sec. 77.20 of the captive cervid regulations, prior to issuance
of this interim rule, the definition of official tuberculosis test
listed the following as official tests for bovine tuberculosis in
captive cervids:
The single cervical tuberculin (SCT) test, a primary test.
The comparative cervical tuberculin test (CCT) test, a
supplemental test.
The CervidTB Stat-Pak[supreg] test, a primary test.
The Dual Path Platform (DPP[supreg]) test, a supplemental
test.
We specified that the SCT and CCT tests were official tuberculosis
tests for all species of captive cervids in a final rule published in
the Federal Register on December 31, 1998 (63 FR 72104-72129, Docket
No. 92-076-2). We added the CervidTB Stat-Pak[supreg] and DPP[supreg]
tests as official tuberculosis tests for captive elk, red deer, white-
tailed deer, fallow deer, and reindeer in an interim rule \1\ published
in the Federal Register on January 9, 2013 (78 FR 1718-1723, Docket No.
APHIS-2012-0087).
---------------------------------------------------------------------------
\1\ To view the interim rule, its supporting documents, or the
comments that we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2012-0087.
---------------------------------------------------------------------------
We solicited comments concerning the interim rule for 60 days
ending March 11, 2013. We received 11 comments by that date. They were
from captive cervid producers, an organization representing captive
cervid producers within the United States, and an organization
representing veterinarians within the United States. All commenters
supported the rule.
Since the interim rule was published, however, production of the
CervidTB Stat-Pak[supreg] has been discontinued. For this reason, in
this interim rule, we are amending the captive cervid regulations to
remove the CervidTB Stat-Pak[supreg] from the list of official
tuberculosis tests.
When we were informed that the CervidTB Stat-Pak[supreg] test would
be discontinued, we began to evaluate the possible use of the
DPP[supreg] test as a primary test, with the intent of determining
whether the DPP[supreg] test could be used in lieu of the CervidTB
Stat-Pak[supreg] test once the latter ceased to be produced. We have
determined that it can be used in such a manner. Accordingly, this rule
also amends the captive cervid regulations to establish a testing
protocol in which the DPP[supreg] test is used as both a primary and
supplemental test for bovine tuberculosis in elk, red deer, white-
tailed deer, fallow deer, and reindeer. Below, we discuss the changes
we are making to the captive cervid regulations, by section.
Definitions (Sec. 77.20)
As we mentioned previously, prior to issuance of this interim rule,
the definition of official tuberculosis test in Sec. 77.20 listed the
CervidTB StatPak[supreg] as an official tuberculosis test. We are
amending the definition of official tuberculosis test to remove the
CervidTB StatPak[supreg] from the official tuberculosis tests listed in
the definition.
Section 77.20 also provides definitions of each official
tuberculosis test. We are removing the definition of CervidTB Stat-
Pak[supreg].
The definition of designated accredited veterinarian in Sec. 77.20
had stated that, among other things, a designated accredited
veterinarian is an accredited veterinarian who is trained and approved
to draw the blood samples needed for the CervidTB Stat-Pak[supreg] and
DPP[supreg] test. (Both tests are serological.) We are amending the
definition of designated accredited veterinarian to remove reference to
the CervidTB Stat-Pak[supreg] test.
Testing Procedures for Tuberculosis in Captive Cervids (Sec. 77.33)
Section 77.33 of the captive cervid regulations specifies, among
other things, who may administer official tuberculosis tests, which
diagnostic laboratories have been approved by APHIS, the reporting
requirements for each test, and how the tests will be interpreted. We
are removing references to the CervidTB Stat-Pak[supreg] test from this
section. We are also updating the Web addresses provided in paragraph
(d)(2) of the section in light of a recent redesign of APHIS' Web site,
and replacing a reference to ``local area VS offices'' in the same
paragraph with the
[[Page 43925]]
term ``District offices,'' which reflects current Agency terminology.
Official Tuberculosis Tests (Sec. 77.34)
As we mentioned previously, Sec. 77.34 of the captive cervid
regulations contains requirements regarding the sequence in which
official tuberculosis tests should be administered and the manner in
which test results should be interpreted for purposes of the captive
cervid regulations. Requirements regarding primary tests for
tuberculosis are contained in paragraph (a) of Sec. 77.34;
requirements for supplemental tests in paragraph (b). We are amending
paragraph (a) of Sec. 77.34 to reflect the fact that the CervidTB
Stat-Pak[supreg] test is discontinued, and the DPP[supreg] test may now
be used as a primary test.
As amended, paragraph (a) of Sec. 77.34 specifies that the
DPP[supreg] test is a primary test that may be used in individual
captive elk, red deer, white-tailed deer, fallow deer, and reindeer,
and in herds of these species that are of unknown tuberculous status.
It further specifies that, with limited exceptions, each captive cervid
that has non-negative test results to this initial DPP[supreg] test
will be classified as a suspect and retested with the DPP[supreg] test
no sooner than 30 days; a captive cervid that has non-negative test
results to the DPP[supreg] test must not be retested using the SCT or
CCT test. (We are also amending the paragraph to specify that the each
captive cervid that responds to the SCT test must not be retested with
the DPP[supreg] test.) Finally, it allows the DPP[supreg] test to be
used in affected herds of captive elk, red deer, white-tailed deer,
fallow deer, and reindeer, and in herds of these species that have
received captive cervids from an affected herd; in such instances, each
captive cervid that has non-negative test results to the DPP[supreg]
test will be classified as a reactor, unless APHIS determines that the
captive cervid should be classified as a suspect because of possible
exposure to a tuberculous animal.
With minor changes, these requirements for the use of the
DPP[supreg] test as a primary test mirror the requirements that had
previously been in paragraph (a) of Sec. 77.34 regarding use of the
CervidTB Stat-Pak[supreg] test as a primary test. Most of the changes
are editorial; one, which removes a reference to designated
tuberculosis epidemiologists, reflects an organizational restructuring
in APHIS and is discussed in greater detail later in this document.
We are specifying that most captive cervids that have non-negative
test results to the initial DPP[supreg] test must be classified as
suspects and retested no sooner than 30 days later using the
DPP[supreg] test as a supplemental test. By reduplicating the initial
testing conditions to the extent practicable at such an interval, we
have firm confidence in the test results provided by this second
DPP[supreg] test.
As amended, paragraph (b) of Sec. 77.34 specifies that the
DPP[supreg] test may be used as a supplemental test to retest captive
cervids that have been classified as suspects based on an initial
DPP[supreg] test. It further specifies that this supplemental test must
evaluate a serum sample drawn from the cervid no sooner than 30 days
after the initial DPP[supreg] test, and that a captive cervid that has
non-negative test results to two successive DPP[supreg] tests must be
classified as a reactor, unless APHIS determines that another disease
classification is warranted.
Interstate Movements (Sec. 77.39)
Section 77.39 of the captive cervid regulations contains
restrictions on the interstate movement of captive cervid herds
involved in an epidemiological investigation or subject to affected
herd management. We are removing references to and provisions regarding
the CervidTB Stat-Pak[supreg] test from this section.
Miscellaneous
Since the January 2013 interim rule to add the CervidTB Stat-
Pak[supreg] and DPP tests to the captive cervid regulations was issued,
the Office of Management and Budget (OMB) has approved the paperwork
associated with that interim rule under the control number 0579-0412.
We are adding a reference to this approval to Sec. 77.33, which
contains the paperwork requirements for which we sought OMB approval.
Additionally, since the interim rule was published, APHIS'
Veterinary Services program has undergone a reorganization. As a result
of this reorganization, APHIS has eliminated the role of designated
tuberculosis epidemiologist (DTE). The functions previously reserved
for DTEs are now performed by various APHIS personnel. As a result, we
are removing references to DTEs from the captive cervid regulations,
and are removing the definition of designated tuberculosis
epidemiologist from Sec. 77.2 of the regulations. We are replacing the
references to DTEs within the captive cervid regulations with
references to APHIS.
Immediate Action
Immediate action is warranted to provide regulated entities who
must have their captive cervids tested in order to comply with the
captive cervid regulations with additional testing options following
discontinuation of the CervidTB Stat-Pak[supreg] test. 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 in which we
will respond to the comments we receive and finalize or, as necessary,
revise the provisions of this interim rule.
Executive Order 12866 and Regulatory Flexibility Act
This interim rule is subject to Executive Order 12866. However, for
this action, the Office of Management and Budget has waived its review
under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities.
This rule removes the CervidTB Stat-Pak[supreg] as an official
tuberculosis test for captive cervids, and establishes a testing
protocol where the DPP[supreg] test may be used in lieu of the CervidTB
Stat-Pak[supreg] test.
It is APHIS policy that owners are responsible for assuming the
costs associated with primary official tuberculosis tests for bovine
tuberculosis in captive cervids; the Agency assumes the cost of
corroboratory testing. Bovine tuberculosis testing using the SCT test,
including veterinary fees, costs about $10 to $15 per head. We have
estimated bovine tuberculosis testing using the DPP[supreg] test to
cost approximately $13 to $15 per head. Owners of captive cervids will
not be required to use the DPP[supreg] test instead of the SCT test,
but may choose to do so if they determine such use to be cost-effective
for their operations.
That being said, we do anticipate that producers may, in certain
instances, experience benefits because of the availability of the
DPP[supreg] test as official primary tuberculosis test for captive
cervids. This is because of the nature of the DPP[supreg] test. As a
serological test, it is relatively easy to administer, in comparison to
the SCT and CCT tests, and does not require the animals to be held for
a significant period of time while the test is applied. There is thus a
lower risk of misapplication of the
[[Page 43926]]
tests and morbidity due to handling of the animals during application.
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. It has no preemptive effect.
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, 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. 77.2 [Amended]
0
2. Section 77.2 is amended by removing the definition of designated
tuberculosis epidemiologist (DTE).
0
3. Section 77.20 is amended as follows:
0
a. In the definition of designated accredited veterinarian, by removing
the words ``CervidTB Stat-Pak[supreg] test and'';
0
b. By revising the definition of official tuberculosis test; and
0
c. By removing the definition of CervidTB Stat-Pak[supreg] test.
The revision reads as follows:
Sec. 77.20 Definitions.
* * * * *
Official tuberculosis test. Any of the following tests for bovine
tuberculosis in captive cervids, applied and reported in accordance
with this part:
(1) The single cervical tuberculin (SCT) test.
(2) The comparative cervical tuberculin test (CCT) test.
(3) The Dual Path Platform (DPP[supreg]) test.
* * * * *
0
4. Section 77.33 is amended as follows:
0
a. In paragraph (a)(2), by removing the words ``CervidTB Stat-
Pak[supreg] or'';
0
b. By revising paragraphs (d)(2) and (e)(3);
0
c. By removing paragraph (e)(4); and
0
d. By adding an OMB citation at the end of the section.
The addition and revisions read as follows:
Sec. 77.33 Testing procedures for tuberculosis in captive cervids.
* * * * *
(d) * * *
(2) DPP[supreg] test. The veterinarian who draws blood from the
captive cervid must submit a form specified by APHIS for such requests
to NVSL to perform the DPP[supreg] test on the blood sample. The form
is available at the following Web site: https://www.aphis.usda.gov/wps/portal/footer/resources/forms; click on the ``VS forms'' link on that
Web page. The veterinarian must also fill out the relevant portions of
a test record. This form may be obtained by contacting the local
district VS office, information regarding which is available at: https://www.aphis.usda.gov/wps/portal/aphis/ourfocus/animalhealth?1dmy&urile=wcm%3apath%3a%2Faphis_content_library%2Fsa_our_focus%2Fsa_animal_health%2Fsa_contact_us%2Fsa_map%2Fct_state_contacts_map. This record must be sent to the offices of the
State and Federal animal health officials in the State.
(e) * * *
(3) Interpretation of DPP[supreg] test results will be in
accordance with the classification requirements described in Sec.
77.34.
* * * * *
(Approved by the Office of Management and Budget under control number
0579-0412)
0
5. Section 77.34 is amended as follows:
0
a. In paragraphs (a)(1) and (b)(1), by removing the words ``the DTE''
each time that they occur, and adding the word ``APHIS'' in their
place;
0
b. In paragraph (a)(1), by removing the words ``CervidTB Stat-
Pak[supreg] or DPP[supreg] tests'' and adding the words ``DPP[supreg]
test'' in their place; and
0
c. By revising paragraphs (a)(2) and (b)(2).
The revisions read as follows:
Sec. 77.34 Official tuberculosis tests.
(a) * * *
(2) DPP[supreg] test. (i) The DPP[supreg] test is a primary test
that may be used in individual captive elk, red deer, white-tailed
deer, fallow deer, and reindeer, and in herds of these species that are
of unknown tuberculous status. Except as specified in paragraph
(a)(2)(ii) of this section, each captive cervid that has non-negative
test results to this initial DPP[supreg] test will be classified as a
suspect and retested with the DPP[supreg] test. A captive cervid that
has non-negative test results to the DPP[supreg] test must not be
retested using the SCT or CCT test.
(ii) The DPP[supreg] test is a primary test that may be used in
affected herds of captive elk, red deer, white-tailed deer, fallow
deer, and reindeer, and in herds of these species that have received
captive cervids from an affected herd. In such herds, each captive
cervid that has non-negative test results to the DPP[supreg] test will
be classified as a reactor, unless APHIS determines that the captive
cervid should be classified as a suspect because of possible exposure
to a tuberculous animal.
(b) * * *
(2) DPP[supreg] test. The DPP[supreg] test may be used as a
supplemental test in order to retest captive cervids that have been
classified as suspects based on an initial DPP[supreg] test. In such
instances, the supplemental DPP[supreg] test must evaluate a new serum
sample drawn from the cervid no sooner than 30 days after the initial
DPP[supreg] test. A captive cervid that has non-negative test results
on two successive DPP[supreg] tests will be classified as a reactor,
unless APHIS determines that another disease classification is
warranted.
Sec. 77.39 [Amended]
0
6. Section 77.39 is amended as follows:
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a. By removing paragraph (a)(1)(iii);
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b. By redesignating paragraph (a)(1)(iv) as paragraph (a)(1)(iii);
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c. In paragraphs (b)(2)(iv) and (c), by removing the words ``the DTE''
and adding the word ``APHIS'' in their place;
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d. In paragraph (e), introductory text, by removing the words
``CervidTB Stat-Pak[supreg]'' each time they appear and adding the word
``DPP[supreg]'' in their place;
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e. In paragraph (e)(2), by removing the words ``the DTE'' and adding
the word ``APHIS'' in their place;
0
f. In paragraph (e)(3), by removing the words ``CervidTB Stat-
Pak[supreg]'' each time they appear and adding the word ``DPP[supreg]''
in their place;
0
g. In paragraph (f)(1), by removing the words ``CervidTB Stat-
Pak[supreg]'' each time they appear and adding the word ``DPP[supreg]''
in their place and by removing the words ``the DTE'' and adding the
word ``APHIS'' in their place; and
[[Page 43927]]
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h. In paragraph (f)(2), by removing the words ``CervidTB Stat-
Pak[supreg]'' and adding the word ``DPP[supreg]'' in their place.
Done in Washington, DC, this 23rd day of July 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-17877 Filed 7-28-14; 8:45 am]
BILLING CODE 3410-34-P
