Tuberculosis; Reduction in Timeframe for Movement of Cattle and Bison From Modified Accredited and Accreditation Preparatory States or Zones Without an Individual Tuberculin Test, 29579-29582 [05-10308]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 99 / Tuesday, May 24, 2005 / Rules and Regulations
Authority: 7 U.S.C. 136a(d)(1)(C), 136i–1,
and 450; 7 CFR 2.17, 2.50.
I
6. Revise § 110.7 to read as follows:
§ 110.7
Penalties.
Any certified applicator who violates
7 U.S.C. 136i–1(a), (b), or (c) or this part
shall be subject to a civil penalty of not
more than the amount specified in
section § 3.91(b)(1)(i)(A) of this title in
the case of the first offense, and in the
case of subsequent offenses, be subject
to a civil penalty of not less than the
amount specified in § 3.91(b)(1)(i)(B) of
this title for each violation, except that
the civil penalty shall be less than the
amount specified in § 3.91(b)(1)(i)(B) of
this title if the Administrator determines
that the certified applicator made a good
faith effort to comply with 7 U.S.C.
136i–1(a), (b), and (c) and this part.
PART 205—NATIONAL ORGANIC
PROGRAM
7. The authority citation for part 205
continues to read as follows:
I
Authority: 7 U.S.C. 6501–6522.
§ 205.100
firearms, ammunition, explosives, or
controlled substances in exchange for
food instruments.’’.
Done at Washington, DC, this 11th day of
May, 2005.
Mike Johanns,
Secretary, U.S. Department of Agriculture.
PART 278—PARTICIPATION OF
RETAIL FOOD STORES, WHOLESALE
FOOD CONCERNS AND INSURED
FINANCIAL INSTITUTIONS
(For amendments to 7 CFR Part 3)
11. The authority citation for part 278
continues to read as follows:
(For amendments to 7 CFR Parts 46, 110, 205,
1150, and 1160)
I
Authority: 7 U.S.C. 2011–2036.
§ 278.6
[Amended]
12. Amend § 278.6(j) as follows:
a. Remove ‘‘$20,000’’ and add in its
place ‘‘the amount specified in
§ 3.91(b)(3)(ii) of this title;’’ and
I b. Remove ‘‘$40,000’’ and add in its
place ‘‘the amount specified in
§ 3.91(b)(3)(ii) of this title’’.
I
I
PART 1150—DAIRY PROMOTION
PROGRAM
13. The authority citation for part 1150
continues to read as follows:
I
[Amended]
8. Amend § 205.100(c)(1) by removing
‘‘$10,000’’ and adding in its place ‘‘the
amount specified in § 3.91(b)(1)(xxxvii)
of this title’’.
Authority: 7 U.S.C. 4501–4513.
I
§ 1150.156
[Amended]
PART 246—SPECIAL SUPPLEMENTAL
NUTRITION PROGRAM FOR WOMEN,
INFANTS AND CHILDREN
14. Amend § 1150.156(b) by removing
‘‘$1,000’’ and adding in its place ‘‘the
amount specified in § 3.91(b)(1)(xx) of
this title’’.
9. The authority citation for part 246
continues to read as follows:
PART 1160—FLUID MILK PROMOTION
PROGRAM
I
29579
I
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
Roberto Salazar,
Administrator, Food and Nutrition Service.
(For amendments to 7 CFR Parts 246 and
278)
[FR Doc. 05–10153 Filed 5–23–05; 8:45 am]
BILLING CODE 3410–01–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 77
[Docket No. 04–065–1]
Tuberculosis; Reduction in Timeframe
for Movement of Cattle and Bison
From Modified Accredited and
Accreditation Preparatory States or
Zones Without an Individual
Tuberculin Test
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
SUMMARY: We are amending the
regulations concerning tuberculosis in
cattle and bison by reducing, from 6
§ 246.12 [Amended]
months to 60 days, the period following
Authority: 7 U.S.C. 6401–6417.
I 10. Amend § 246.12(l)(1)(x)(C) as
a whole herd test during which animals
follows:
may be moved interstate from a
§ 1160.214 [Amended]
I a. Remove in the third sentence ‘‘shall
modified accredited State or zone or
be $10,000.’’ and add in its place ‘‘shall
I 16. Amend § 1160.214(b) as follows:
from an accreditation preparatory State
be $10,000, except for those violations
or zone without an individual
I a. Remove in the first sentence ‘‘not
listed in paragraph (l)(1)(i) of this
less than $500 nor more than $5,000 for tuberculin test. We have determined
section, where the civil money penalty
each such violation’’ and add in its place that the 6-month period during which
shall be the maximum amount per
individual tuberculin tests have not
‘‘not less than nor more than the
violation specified in § 3.91(b)(3)(v) of
been required is too long given the risks
minimum and maximum amounts
this title for trafficking violations, or
specified in § 3.91(b)(1)(xxxv) of this title of exposure to tuberculosis that exist in
§ 3.91(b)(3)(vi) of this title for selling
modified accredited and accreditation
for each such violation’’; and
firearms, ammunition, explosives, or
preparatory States or zones, especially
controlled substances in exchange for
I b. Remove in the second sentence ‘‘not
in such States or zones where there are
food instruments.’’; and
less than $10,000 nor more than
wildlife populations affected with
I b. Remove in the fifth sentence ‘‘may
$100,000 for each such violation’’ and
tuberculosis. This interim rule will
not exceed $40,000.’’ and add in its place
add in its place ‘‘not less than nor more
lower the potential risk of movement of
‘‘may not exceed $40,000, except for
than the minimum and maximum
infected animals and decrease the
those violations listed in paragraph
amounts specified in § 3.91(b)(1)(xxxv)
likelihood of tuberculosis transmission.
(l)(1)(i) of this section, where the total
of this title for each such violation’’.
DATES: This interim rule is effective May
amount of civil money penalties may not
18, 2005. We will consider all
exceed the maximum amount for
comments that we receive on or before
violations occurring during a single
July 25, 2005.
investigation specified in § 3.91(b)(3)(v)
of this title for trafficking violations, or
ADDRESSES: You may submit comments
§ 3.91(b)(3)(vi) of this title for selling
by any of the following methods:
Authority: 42 U.S.C. 1786.
VerDate jul<14>2003
17:15 May 23, 2005
15. The authority citation for part 1160
continues to read as follows:
I
Jkt 205001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
E:\FR\FM\24MYR1.SGM
24MYR1
29580
Federal Register / Vol. 70, No. 99 / Tuesday, May 24, 2005 / Rules and Regulations
• EDOCKET: Go to https://
www.epa.gov/feddocket to submit or
view public comments, access the index
listing of the contents of the official
public docket, and to access those
documents in the public docket that are
available electronically. Once you have
entered EDOCKET, click on the ‘‘View
Open APHIS Dockets’’ link to locate this
document.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 04–065–1, Regulatory
Analysis and Development, PPD,
APHIS, Station 3C71, 4700 River Road
Unit 118, Riverdale, MD 20737–1238.
Please state that your comment refers to
Docket No. 04–065–1.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for locating this docket
and submitting comments.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room 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) 690–2817 before
coming.
Other Information: You may view
APHIS documents published in the
Federal Register and related
information on the Internet at https://
www.aphis.usda.gov/ppd/rad/
webrepor.html.
Dr.
Michael Dutcher, Senior Staff
Veterinarian, National Tuberculosis
Eradication Program, Eradication and
Surveillance Team, National Center for
Animal Health Programs, VS, APHIS,
4700 River Road Unit 43, Riverdale,
MD, 20737–1231, (301) 734–5467.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Bovine tuberculosis is a contagious,
infectious, and communicable disease
caused by Mycobacterium bovis. It
affects cattle, bison, deer, elk, goats, and
other species, including humans.
Bovine tuberculosis in infected animals
and humans manifests itself in lesions
of the lung, bone, and other body parts,
causes weight loss and general
debilitation, and can be fatal.
At the beginning of the last century,
bovine tuberculosis caused more losses
of livestock than all other livestock
diseases combined. This prompted the
establishment of the National
Cooperative State/Federal Bovine
VerDate jul<14>2003
17:15 May 23, 2005
Jkt 205001
Tuberculosis Eradication Program for
bovine tuberculosis in livestock. 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’’ (UMR),
which is incorporated by reference into
the regulations. The regulations restrict
the interstate movement of cattle, bison,
and captive cervids to prevent the
spread of tuberculosis.
Under § 77.3 of the regulations, the
Administrator of the Animal and Plant
Health Inspection Service (APHIS)
classifies each State or zone according
to its level of occurrence of bovine
tuberculosis. This classification system
consists of five designations: Accredited
free States or zones; modified accredited
advanced States or zones; modified
accredited States or zones; accreditation
preparatory States or zones; and
nonaccredited States or zones. A
modified accredited State or zone is
defined as a State or zone in which
bovine tuberculosis has been prevalent
in less than 0.1 percent of the total
number of herds of cattle and bison in
the State or zone for the most recent
year and which complies with the
provisions of the UMR. At this time,
Michigan is the only State with a zone
designated as modified accredited for
cattle and bison. An accreditation
preparatory State or zone is defined as
a State or zone in which bovine
tuberculosis has been prevalent in less
than 0.5 percent of the total number of
herds of cattle and bison in the State or
zone and which complies with the
provisions of the UMR. At this time no
States or zones are designated as
accreditation preparatory for cattle and
bison.
The regulations relating to bovine
tuberculosis in cattle and bison have
required, among other things, that cattle
or bison that originate in a modified
accredited State or zone or an
accreditation preparatory State or zone
and that are not known to be infected
with or exposed to bovine tuberculosis
be tested as a herd within 1 year prior
to the date of movement. Sexually intact
cattle or bison that are not from an
accredited herd, are officially identified,
and are accompanied by a certificate
stating that the herd from which they
originated was negative to a whole herd
test (WHT) conducted within 1 year
prior to the date of movement are
subject to an additional official
tuberculin test that must be conducted
on the individual animals of the herd
within 60 days prior to the date of
movement, unless the WHT was
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
performed less than 6 months prior to
movement.
We have determined that the 6-month
period during which individual
tuberculin tests have not been required
is too long given the risks of exposure
to tuberculosis that exist in modified
accredited and accreditation preparatory
States or zones, especially in such States
or zones where there are wildlife
populations affected with tuberculosis.
Therefore, in this interim rule we are
amending the regulations in § 77.12 to
state that, for cattle and bison moving
from a modified accredited State or
zone, individual bovine tuberculosis
tests are required when the animals to
be moved were included in a WHT and
the WHT was conducted more than 60
days prior to the date of interstate
movement. We are also amending the
regulations in § 77.14 to state that for
cattle and bison moving from an
accreditation preparatory State or zone,
individual bovine tuberculosis tests are
required when the animals to be moved
were included in a WHT and the WHT
was conducted more than 60 days prior
to the date of interstate movement.
These changes will reduce by 4 months
the period following a WHT during
which cattle and bison may be moved
interstate from a modified accredited
State or zone or an accreditation
preparatory State or zone without an
individual tuberculin test.
Immediate Action
Immediate action is necessary to
ensure that potentially exposed cattle
and bison originating from modified
accredited or accreditation preparatory
States or zones are not moving out of the
area as infected animals. The 6-month
exemption time between a WHT and
individual tuberculin testing is too long
when considering the high potential for
exposure to bovine tuberculosis from
feral deer or other wildlife. 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 action effective less than
30 days after publication in the Federal
Register.
We will consider all 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. The document will
include a discussion of any comments
we receive and any amendments we are
making to the rule.
E:\FR\FM\24MYR1.SGM
24MYR1
Federal Register / Vol. 70, No. 99 / Tuesday, May 24, 2005 / Rules and Regulations
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 rule modifies the current
exemption for bovine tuberculosis
testing of individual animals moving
from a modified accredited State or zone
or from an accreditation preparatory
State or zone following a WHT so that
it is only applicable for 60 days rather
than 6 months following the WHT. At
this time, there are no accreditation
preparatory States or zones, and the
State of Michigan is the only State to
contain a modified accredited zone for
cattle and bison. The modified
accredited zone of Michigan for cattle
and bison includes: Alcona, Alpena,
Antrim, Cheboygan, Charlevoix,
Crawford, Emmet, Montmorency,
Oscoda, Otsego, and Presque Isle
Counties and portions of Ogemaw and
Iosco Counties that are north of the
southernmost boundaries of the Huron
National Forest and Au Sable State
Forest. The remainder of the State is
classified as a modified accredited
advanced zone. A modified accredited
advanced State or zone is one that
complies with the provisions of the
UMR and in which bovine tuberculosis
is prevalent in less than 0.01 percent of
the total number of herds of cattle and
bison for each of the most recent 2
years. Therefore, this rulemaking will
primarily affect only those entities in
counties in the modified accredited
zone in Michigan with respect to both
cattle and bison movement.
The 2002 Census of Agriculture for
Michigan estimates that there are 14,495
farms with an inventory of 998,204
cattle and calves. According to the
Census of Agriculture, a farm is any
place from which $1,000 or more of
agricultural products were produced or
sold, or normally would have been sold,
during the census year. More recently,
the 2004 Agricultural Statistics, which
defines an operation or farm as any
place having one or more head of cattle
on hand at any time during the year,
records approximately 15,000 cattle
operations in Michigan, with an
inventory totaling 990,000 head of
cattle. Of these 15,000 operations, over
90 percent are considered small
businesses. A small cattle operation is
considered to be one having $750,000 or
less in annual receipts. The value per
head of cattle in Michigan in 2003 was
$840, with a reported total cash value of
$831.6 million, according to the
VerDate jul<14>2003
17:15 May 23, 2005
Jkt 205001
National Agricultural Statistics Service.
Nationally, the average value per head
of cattle is $728, which translates into
a total value of cattle in the United
States as $69.9 billion.
In addition, 2002 census data for
Michigan estimates that there were 162
farms with a total inventory of 4,057
bison. We believe it is safe to assume
that the majority of these bison farms
fall under Small Business
Administration (SBA) definitions for a
small entity. Consequently, this analysis
of the economic effects of this interim
rule is also sufficient for analyzing the
small entity impact.
All or portions of 13 counties in
Michigan are contained in the modified
accredited zone. In this modified
accredited zone, 2002 census data
indicate that there are 1,292 farms with
a combined inventory of 72,689 cattle
and calves. Therefore, these 13 counties
contribute about 7 percent to Michigan’s
statewide inventory of cattle and calves.
Census data also show that there are 22
bison farms located within the modified
accredited zone in Michigan; however,
the exact number of farmed bison in
these 13 counties and their
corresponding contribution to the total
State population of farmed bison is
unknown.
As a result of the interim rule,
producers in the modified accredited
zone of Michigan will be subject to
tighter interstate movement restrictions,
thereby resulting in a corresponding
increase in production expenses due to
increasing compliance costs of moving
and selling animals, including, but not
limited to, labor, veterinary, and feeding
expenses surrounding tuberculin testing
for cattle and bison.
APHIS is currently in the process of
researching the average cost to
producers of identifying and testing for
bovine tuberculosis and we welcome
public comment on these costs with
respect to cattle and bison. Preliminary
research indicates the average cost of
bovine tuberculin testing ranges from
$10 to $12 per head. This interim rule
reduces the period during which a WHT
is sufficient for movement from a
modified accredited State or zone by 4
months; therefore, producers will be
required to perform an additional
official tuberculin test on those animals
they wish to move during this period
and will incur increased expenses.
These costs are not expected to be a
significant economic burden to
producers however, as even the $12 per
animal cost of testing only represents
about 2 percent of the national per head
value of cattle and 1.5 percent of
Michigan’s average per head value.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
29581
Moreover, in Michigan there is an
intensive effort to eradicate bovine
tuberculosis in livestock. Thus, the
Michigan Department of Agriculture,
along with APHIS, Michigan State
University, and private veterinarians,
has launched a statewide livestock
testing program. Additionally, with the
implementation of split-State status for
Michigan, a new State rule was passed
that provides producers in Michigan
with one annual WHT paid for by the
State; within 60 days of the test, they
may freely move any of the tested
animals. After the 60-day period has
passed, producers in the modified
accredited zone have the option of
requesting either a State veterinarian or
a private veterinarian, whose expenses
will also be covered by the State, to test
any individual animals the producer
wishes to move. Producers can request
this optional movement test at any time
of the year, although it is expected most
cattle and bison owners would request
the test in the fall, when the majority of
calves from the year are sold. Once this
optional, State-subsidized test is
performed, any additional testing for
movement would then be done at the
producer’s expense.
In light of this testing program in
Michigan, this interim rule will not pose
any undue financial burden on
producers located in the modified
accredited zone. While we recognize
this rule may have other, non-monetary
effects in terms of inconvenience and
tighter movement restrictions, we do not
believe these impacts will be significant.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant 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.
E:\FR\FM\24MYR1.SGM
24MYR1
29582
Federal Register / Vol. 70, No. 99 / Tuesday, May 24, 2005 / Rules and Regulations
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.
I Accordingly, we are amending 9 CFR
part 77 as follows:
PART 77—TUBERCULOSIS
1. The authority citation for part 77
continues to read as follows:
I
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
§ 77.12
[Amended]
2. In § 77.12, paragraph (d) is amended
by removing the words ‘‘6 months’’ and
adding the words ‘‘60 days’’ in their
place.
I
§ 77.14
[Amended]
3. In § 77.14, paragraph (d) is amended
by removing the words ‘‘within 6
months’’ and adding the words ‘‘within
60 days’’ in their place.
I
Done in Washington, DC, this 18th day of
May 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–10308 Filed 5–23–05; 8:45 am]
BILLING CODE 3410–34–P
FEDERAL RESERVE SYSTEM
12 CFR Part 230
[Regulation DD; Docket No. R–1197]
Truth in Savings
Board of Governors of the
Federal Reserve System.
ACTION: Final rule.
AGENCY:
SUMMARY: The Board is amending
Regulation DD, which implements the
Truth in Savings Act, and the staff
commentary to the regulation, to
address concerns about the uniformity
and adequacy of information provided
to consumers when they overdraw their
deposit accounts. The amendments, in
part, address certain types of services—
sometimes referred to as ‘‘bouncedcheck protection’’ or—courtesy
overdraft protection’’—which are
offered by many depository institutions
to pay consumers’ checks, and which
allow other overdrafts when there are
VerDate jul<14>2003
17:15 May 23, 2005
Jkt 205001
insufficient funds in the account. These
services are typically automated
services provided to transaction account
consumers as an alternative to a
traditional overdraft line of credit.
Among other things, the final rule
creates a new section to the regulation
that requires institutions that promote
the payment of overdrafts in an
advertisement to disclose on periodic
statements, total fees imposed for
paying overdrafts and total fees imposed
for returning items unpaid on periodic
statements, both for the statement
period and the calendar year to date,
and to include certain other disclosures
in advertisements of overdraft services.
DATES: The rule is effective July 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Eurgubian, Attorney, or Ky
Tran-Trong or Krista P. DeLargy, Senior
Attorneys, Division of Consumer and
Community Affairs, Board of Governors
of the Federal Reserve System, at (202)
452–3667 or 452–2412; for users of
Telecommunications Device for the Deaf
(‘‘TDD’’) only, contact (202) 263–4869.
SUPPLEMENTARY INFORMATION:
I. The Truth in Savings Act
The Truth in Savings Act (TISA), 12
U.S.C. 4301 et seq., is implemented by
the Board’s Regulation DD (12 CFR part
230). The purpose of the act and
regulation is to assist consumers in
comparing deposit accounts offered by
depository institutions, principally
through the disclosure of fees, the
annual percentage yield (APY), the
interest rate, and other account terms.
An official staff commentary interprets
the requirements of Regulation DD (12
CFR part 230 (Supp. I)). Credit unions
are governed by a substantially similar
regulation issued by the National Credit
Union Administration.
Under TISA and Regulation DD,
disclosures must be given upon a
consumer’s request and before an
account is opened. Institutions are not
required to provide periodic statements,
but if they do, the act requires that fees,
yields, and other information be
provided on the statements. Notice must
be given to accountholders before an
adverse change in account terms occurs
and prior to the renewal of certificates
of deposit (time accounts).
TISA and Regulation DD contain rules
for advertising deposit accounts. Under
TISA, there is a prohibition against
advertisements, announcements, or
solicitations that are inaccurate or
misleading, or that misrepresent the
deposit contract. Institutions also are
prohibited from describing an account
as free (or using words of similar
meaning) if a regular service or
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
transaction fee is imposed, if a
minimum balance must be maintained,
or if a fee is imposed when a customer
exceeds a specified number of
transactions. In addition, the act and
regulation impose substantive
restrictions on institutions’ practices
regarding the payment of interest on
accounts and the calculation of account
balances.
II. Concerns About Overdraft Services
Historically, depository institutions
have used their discretion on an ad hoc
basis to pay overdrafts for consumers on
transaction accounts, usually imposing
a fee. Over the years, some institutions
automated the process for considering
whether to honor overdrafts to reduce
the costs of reviewing individual items,
but generally institutions did not inform
customers of their internal policies for
determining whether an item would be
paid or returned. More recently, thirdparty vendors have developed and sold
overdraft programs to institutions,
particularly to smaller institutions.
These programs generally build upon or
add to the institution’s existing internal
reporting systems to enable the
institution to automate its payment of
overdrafts.1 What generally
distinguishes the vendor programs from
institutions’ in-house automated
processes is the addition of marketing
plans that appear designed to promote
the generation of fee income by
disclosing to account-holders the dollar
amount that the consumer typically will
be allowed to overdraw their accounts.
Some institutions also encourage
consumers to use the service to meet
short-term borrowing needs.
Paying consumers’ occasional or
inadvertent overdrafts is a longestablished customer service provided
by depository institutions. The Board
recognized this longstanding practice
when it initially adopted Regulation Z
in 1969, to implement the Truth in
Lending Act (TILA); the regulation
provided that these transactions are
generally exempt from coverage under
Regulation Z where there is no written
agreement between the consumer and
institution to pay an overdraft and
impose a fee. See § 226.4(c)(3). The
exemption from Regulation Z was
designed to facilitate depository
institutions’ ability to accommodate
consumers on an ad-hoc basis.
1 The Board’s proposal referred to ‘‘bouncedcheck protection’’ services. These services also are
sometimes referred to as ‘‘courtesy overdraft
protection.’’ Because some institutions’’ overdraft
services apply to non-check transactions, for clarity
the services are referred to generically as ‘‘overdraft
services.’’
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Rules and Regulations]
[Pages 29579-29582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10308]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 04-065-1]
Tuberculosis; Reduction in Timeframe for Movement of Cattle and
Bison From Modified Accredited and Accreditation Preparatory States or
Zones Without an Individual Tuberculin Test
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations concerning tuberculosis in
cattle and bison by reducing, from 6 months to 60 days, the period
following a whole herd test during which animals may be moved
interstate from a modified accredited State or zone or from an
accreditation preparatory State or zone without an individual
tuberculin test. We have determined that the 6-month period during
which individual tuberculin tests have not been required is too long
given the risks of exposure to tuberculosis that exist in modified
accredited and accreditation preparatory States or zones, especially in
such States or zones where there are wildlife populations affected with
tuberculosis. This interim rule will lower the potential risk of
movement of infected animals and decrease the likelihood of
tuberculosis transmission.
DATES: This interim rule is effective May 18, 2005. We will consider
all comments that we receive on or before July 25, 2005.
ADDRESSES: You may submit comments by any of the following methods:
[[Page 29580]]
EDOCKET: Go to https://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-065-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 04-065-1.
Federal eRulemaking Portal: Go to https://
www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room 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) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at https://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Michael Dutcher, Senior Staff
Veterinarian, National Tuberculosis Eradication Program, Eradication
and Surveillance Team, National Center for Animal Health Programs, VS,
APHIS, 4700 River Road Unit 43, Riverdale, MD, 20737-1231, (301) 734-
5467.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is a contagious, infectious, and communicable
disease caused by Mycobacterium bovis. It affects cattle, bison, deer,
elk, goats, and other species, including humans. Bovine tuberculosis in
infected animals and humans manifests itself in lesions of the lung,
bone, and other body parts, causes weight loss and general
debilitation, and can be fatal.
At the beginning of the last century, bovine tuberculosis caused
more losses of livestock than all other livestock diseases combined.
This prompted the establishment of the National Cooperative State/
Federal Bovine Tuberculosis Eradication Program for bovine tuberculosis
in livestock. 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'' (UMR), which is incorporated by reference
into the regulations. The regulations restrict the interstate movement
of cattle, bison, and captive cervids to prevent the spread of
tuberculosis.
Under Sec. 77.3 of the regulations, the Administrator of the
Animal and Plant Health Inspection Service (APHIS) classifies each
State or zone according to its level of occurrence of bovine
tuberculosis. This classification system consists of five designations:
Accredited free States or zones; modified accredited advanced States or
zones; modified accredited States or zones; accreditation preparatory
States or zones; and nonaccredited States or zones. A modified
accredited State or zone is defined as a State or zone in which bovine
tuberculosis has been prevalent in less than 0.1 percent of the total
number of herds of cattle and bison in the State or zone for the most
recent year and which complies with the provisions of the UMR. At this
time, Michigan is the only State with a zone designated as modified
accredited for cattle and bison. An accreditation preparatory State or
zone is defined as a State or zone in which bovine tuberculosis has
been prevalent in less than 0.5 percent of the total number of herds of
cattle and bison in the State or zone and which complies with the
provisions of the UMR. At this time no States or zones are designated
as accreditation preparatory for cattle and bison.
The regulations relating to bovine tuberculosis in cattle and bison
have required, among other things, that cattle or bison that originate
in a modified accredited State or zone or an accreditation preparatory
State or zone and that are not known to be infected with or exposed to
bovine tuberculosis be tested as a herd within 1 year prior to the date
of movement. Sexually intact cattle or bison that are not from an
accredited herd, are officially identified, and are accompanied by a
certificate stating that the herd from which they originated was
negative to a whole herd test (WHT) conducted within 1 year prior to
the date of movement are subject to an additional official tuberculin
test that must be conducted on the individual animals of the herd
within 60 days prior to the date of movement, unless the WHT was
performed less than 6 months prior to movement.
We have determined that the 6-month period during which individual
tuberculin tests have not been required is too long given the risks of
exposure to tuberculosis that exist in modified accredited and
accreditation preparatory States or zones, especially in such States or
zones where there are wildlife populations affected with tuberculosis.
Therefore, in this interim rule we are amending the regulations in
Sec. 77.12 to state that, for cattle and bison moving from a modified
accredited State or zone, individual bovine tuberculosis tests are
required when the animals to be moved were included in a WHT and the
WHT was conducted more than 60 days prior to the date of interstate
movement. We are also amending the regulations in Sec. 77.14 to state
that for cattle and bison moving from an accreditation preparatory
State or zone, individual bovine tuberculosis tests are required when
the animals to be moved were included in a WHT and the WHT was
conducted more than 60 days prior to the date of interstate movement.
These changes will reduce by 4 months the period following a WHT during
which cattle and bison may be moved interstate from a modified
accredited State or zone or an accreditation preparatory State or zone
without an individual tuberculin test.
Immediate Action
Immediate action is necessary to ensure that potentially exposed
cattle and bison originating from modified accredited or accreditation
preparatory States or zones are not moving out of the area as infected
animals. The 6-month exemption time between a WHT and individual
tuberculin testing is too long when considering the high potential for
exposure to bovine tuberculosis from feral deer or other wildlife.
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 action effective less than 30 days after publication in the
Federal Register.
We will consider all 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. The
document will include a discussion of any comments we receive and any
amendments we are making to the rule.
[[Page 29581]]
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 rule modifies the current exemption for bovine tuberculosis
testing of individual animals moving from a modified accredited State
or zone or from an accreditation preparatory State or zone following a
WHT so that it is only applicable for 60 days rather than 6 months
following the WHT. At this time, there are no accreditation preparatory
States or zones, and the State of Michigan is the only State to contain
a modified accredited zone for cattle and bison. The modified
accredited zone of Michigan for cattle and bison includes: Alcona,
Alpena, Antrim, Cheboygan, Charlevoix, Crawford, Emmet, Montmorency,
Oscoda, Otsego, and Presque Isle Counties and portions of Ogemaw and
Iosco Counties that are north of the southernmost boundaries of the
Huron National Forest and Au Sable State Forest. The remainder of the
State is classified as a modified accredited advanced zone. A modified
accredited advanced State or zone is one that complies with the
provisions of the UMR and in which bovine tuberculosis is prevalent in
less than 0.01 percent of the total number of herds of cattle and bison
for each of the most recent 2 years. Therefore, this rulemaking will
primarily affect only those entities in counties in the modified
accredited zone in Michigan with respect to both cattle and bison
movement.
The 2002 Census of Agriculture for Michigan estimates that there
are 14,495 farms with an inventory of 998,204 cattle and calves.
According to the Census of Agriculture, a farm is any place from which
$1,000 or more of agricultural products were produced or sold, or
normally would have been sold, during the census year. More recently,
the 2004 Agricultural Statistics, which defines an operation or farm as
any place having one or more head of cattle on hand at any time during
the year, records approximately 15,000 cattle operations in Michigan,
with an inventory totaling 990,000 head of cattle. Of these 15,000
operations, over 90 percent are considered small businesses. A small
cattle operation is considered to be one having $750,000 or less in
annual receipts. The value per head of cattle in Michigan in 2003 was
$840, with a reported total cash value of $831.6 million, according to
the National Agricultural Statistics Service. Nationally, the average
value per head of cattle is $728, which translates into a total value
of cattle in the United States as $69.9 billion.
In addition, 2002 census data for Michigan estimates that there
were 162 farms with a total inventory of 4,057 bison. We believe it is
safe to assume that the majority of these bison farms fall under Small
Business Administration (SBA) definitions for a small entity.
Consequently, this analysis of the economic effects of this interim
rule is also sufficient for analyzing the small entity impact.
All or portions of 13 counties in Michigan are contained in the
modified accredited zone. In this modified accredited zone, 2002 census
data indicate that there are 1,292 farms with a combined inventory of
72,689 cattle and calves. Therefore, these 13 counties contribute about
7 percent to Michigan's statewide inventory of cattle and calves.
Census data also show that there are 22 bison farms located within the
modified accredited zone in Michigan; however, the exact number of
farmed bison in these 13 counties and their corresponding contribution
to the total State population of farmed bison is unknown.
As a result of the interim rule, producers in the modified
accredited zone of Michigan will be subject to tighter interstate
movement restrictions, thereby resulting in a corresponding increase in
production expenses due to increasing compliance costs of moving and
selling animals, including, but not limited to, labor, veterinary, and
feeding expenses surrounding tuberculin testing for cattle and bison.
APHIS is currently in the process of researching the average cost
to producers of identifying and testing for bovine tuberculosis and we
welcome public comment on these costs with respect to cattle and bison.
Preliminary research indicates the average cost of bovine tuberculin
testing ranges from $10 to $12 per head. This interim rule reduces the
period during which a WHT is sufficient for movement from a modified
accredited State or zone by 4 months; therefore, producers will be
required to perform an additional official tuberculin test on those
animals they wish to move during this period and will incur increased
expenses. These costs are not expected to be a significant economic
burden to producers however, as even the $12 per animal cost of testing
only represents about 2 percent of the national per head value of
cattle and 1.5 percent of Michigan's average per head value.
Moreover, in Michigan there is an intensive effort to eradicate
bovine tuberculosis in livestock. Thus, the Michigan Department of
Agriculture, along with APHIS, Michigan State University, and private
veterinarians, has launched a statewide livestock testing program.
Additionally, with the implementation of split-State status for
Michigan, a new State rule was passed that provides producers in
Michigan with one annual WHT paid for by the State; within 60 days of
the test, they may freely move any of the tested animals. After the 60-
day period has passed, producers in the modified accredited zone have
the option of requesting either a State veterinarian or a private
veterinarian, whose expenses will also be covered by the State, to test
any individual animals the producer wishes to move. Producers can
request this optional movement test at any time of the year, although
it is expected most cattle and bison owners would request the test in
the fall, when the majority of calves from the year are sold. Once this
optional, State-subsidized test is performed, any additional testing
for movement would then be done at the producer's expense.
In light of this testing program in Michigan, this interim rule
will not pose any undue financial burden on producers located in the
modified accredited zone. While we recognize this rule may have other,
non-monetary effects in terms of inconvenience and tighter movement
restrictions, we do not believe these impacts will be significant.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant 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.
[[Page 29582]]
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.
0
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. 77.12 [Amended]
0
2. In Sec. 77.12, paragraph (d) is amended by removing the words ``6
months'' and adding the words ``60 days'' in their place.
Sec. 77.14 [Amended]
0
3. In Sec. 77.14, paragraph (d) is amended by removing the words
``within 6 months'' and adding the words ``within 60 days'' in their
place.
Done in Washington, DC, this 18th day of May 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-10308 Filed 5-23-05; 8:45 am]
BILLING CODE 3410-34-P
