Federal Register proposed rules — 1996-04-04

issue-1996-04-04Federal Register proposed rules — 1996-04-04Proposed Regulation

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FR Doc. 96-8303 Tuberculosis in Cervids
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 14982-14999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8303]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 61, No. 66 / Thursday, April 4, 1996 / 
Proposed Rules

[[Page 14982]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 77 and 91

[Docket No. 92-076-1]
RIN 0579-AA53

Tuberculosis in Cervids

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We propose to amend the regulations concerning tuberculosis 
and the interstate movement of animals by adding provisions regarding 
testing, identification, and interstate movement of captive cervids, 
such as deer and elk. We also propose to amend the regulations 
concerning exportation of animals and animal products to require that, 
to be eligible for export, captive cervids be accompanied by a 
certificate stating that they have tested negative for tuberculosis 
within 90 days prior to export. Captive cervids have been determined to 
be a source of tuberculosis infection. The proposed amendments appear 
necessary to help prevent the spread of tuberculosis and facilitate the 
eradication of tuberculosis in livestock in the United States.

DATES: Consideration will be given only to comments received on or 
before June 3, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 92-076-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 92-076-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph VanTiem, Staff 
Veterinarian, Cattle Diseases and Surveillance, VS, APHIS, Suite 3B08, 
4700 River Road Unit 36, Riverdale, MD 20737-1231, (301) 734-8715.

SUPPLEMENTARY INFORMATION:

Background

Tuberculosis Eradication Program

    Bovine tuberculosis is a contagious, infectious, and communicable 
disease caused by Mycobacterium bovis. It affects cattle, bison, deer, 
elk, and other species, including humans. Bovine tuberculosis in 
infected animals and humans manifests itself in lesions of the lung, 
bone, and other bodily parts, causes weight loss and general 
debilitation, and can be fatal.
    At the beginning of this century, bovine tuberculosis was causing 
more losses of livestock than all other livestock diseases combined. 
This prompted the institution of the National Cooperative State/Federal 
Bovine Tuberculosis Eradication Program for bovine tuberculosis in 
livestock. (For the remainder of this document, bovine tuberculosis 
will be referred to as TB).
    The eradication program for TB in livestock provides for testing of 
cattle and bison for TB and regulates the interstate movement of cattle 
and bison. Most of the regulations governing the eradication program 
are found in 9 CFR part 77 (referred to below as the regulations), 
including provisions for conferring or removing ``accredited-free 
State'' status, a key feature of the TB eradication program. To 
establish or maintain status as an accredited-free State, a State must 
have no findings of TB in any cattle or bison in the State for at least 
5 years. The State must also comply with all of the provisions of the 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication'' (UMR for 
TB) regarding accredited-free States. The UMR for TB is incorporated 
into the Code of Federal Regulations by reference at Sec. 77.1. 
Detection of TB in any cattle or bison in the State will result in 
suspension of accredited-free State status. Detection of TB in two or 
more herds of cattle or bison in the State within 48 months will result 
in revocation of accredited-free State status.
    The advantage of maintaining status as an accredited-free State is 
that buyers from other States and countries prefer to buy cattle and 
bison, as well as cattle and bison byproducts, from an accredited-free 
State. Many States and nations ban cattle imports from regions that are 
not certified as accredited-free for TB. Loss of accredited-free State 
status can cause losses in interstate and international trade for the 
State in question.

Cervid Industry Information and Bovine Tuberculosis

    Breeding and production of deer, elk, and other exotic Cervidae 
(cervids) has taken place in the United States since at least the 
1930's. U.S. production of cervids has increased over the decades and 
is expected to continue to grow. Currently, there are more than 1,600 
deer and elk owners in the United States, raising about 250,000 head of 
captive cervids.
    TB affects cervids similarly to the way it affects cattle and 
bison. Cervids infected with TB can and have been known to spread the 
disease to cattle and bison. In 1984, 24 bison herds were discovered to 
be infected with TB in 10 States, 7 of which were accredited-free 
States. The source of this outbreak proved to be their association with 
TB-infected elk that had been purchased by an elk rancher from an 
exotic animal collection in another State. In 1992, New York 
slaughtered 2 dairy herds that were found to be infected with TB by 
being exposed to a tuberculous cervid herd, and tested and quarantined 
18 additional dairy herds because of TB. Also in 1992, TB was found in 
a beef cattle herd in Pennsylvania that had been in contact with a 
tuberculous cervid herd. As a result of these outbreaks, New York and 
Pennsylvania lost their accredited-free State status. Since January 1, 
1991, TB has been confirmed in 29 herds of elk and deer in 15 States.
    In addition to concerns over livestock health, another issue of 
concern to the United States is the considerable impact TB would have 
on the nation's wild cervids and other wildlife if the disease were to 
become established. Captive cervids are maintained within fenced areas. 
However, captive cervids have been known to escape their enclosures and 
mingle with wild cervids. At present, there are two confirmed

[[Page 14983]]
instances of TB in wild cervids (each involving only one animal), and 
it has been determined that at least one of those incidences resulted 
from contact with a captive cervid herd. We believe that if a 
widespread outbreak of TB were to occur in wild cervids or in other 
wildlife, it would be very costly to manage, would reduce wildlife 
populations, and would pose a serious human health risk.

Proposal

    The regulations in 9 CFR part 77 restrict the interstate movement 
of cattle and bison to help prevent the interstate spread of TB. We 
propose to divide 9 CFR part 77 into two subparts: ``Subpart A--Cattle 
and Bison'' and ``Subpart B--Captive Cervids.'' ``Subpart A--Cattle and 
Bison'' would contain the regulations currently in part 77 plus a new 
Sec. 77.7, ``Cleaning and disinfection of premises, conveyances, and 
materials,'' regarding the cleaning and disinfection of premises, 
conveyances, and materials used in the interstate movement of 
tuberculous cattle or bison. ``Subpart B--Captive Cervids'' would add 
provisions concerning testing, identification, and interstate movement 
of captive cervids to help prevent the interstate spread of TB and 
facilitate the eradication of TB in livestock in the United States.
    Cervid industry associations recognize the importance of 
controlling TB and endorse participation in a testing and control 
program at the Federal level. The North American Elk Breeders 
Association (NAEBA), for example, through a unanimous vote of its board 
of directors, has set as a major goal the inclusion of members' herds 
of elk and deer within the scope of the National Cooperative State/
Federal Bovine Tuberculosis Eradication Program. NAEBA members number 
more than 650, and own about 85 percent of the 20,000 captive elk in 
North America.
    We modeled the proposed subpart B for cervids after the regulations 
in part 77 for cattle and bison, and after the UMR for TB for cattle 
and bison.
    Following is a description of and rationale behind each section of 
the proposed regulations:

Proposed Sec. 77.8  Definitions

    This section would establish definitions of terms used throughout 
the subpart. The definitions of ``Administrator,'' ``Animal and Plant 
Health Inspection Service (APHIS),'' and ``USDA'' are consistent with 
our use of these terms in other regulations in 9 CFR chapter I. The 
definitions of ``Accredited veterinarian,'' ``Approved slaughtering 
establishment,'' ``Herd,'' ``Official eartag,'' ``Permit,'' 
``Suspect,'' ``Tuberculin,'' and ``Tuberculosis'' are consistent with 
our use of these terms in either Secs. 77.1 through 77.6 of the 
regulations or with our use of these terms in the UMR for TB.
    We propose to define additional terms, which are used in these 
proposed regulations, in Sec. 77.8 as follows:
    Accredited herd. A herd of captive cervids that has tested negative 
to at least three consecutive official tuberculosis tests of all 
eligible cervids in accordance with Sec. 77.10(f), and that meets the 
standards set forth in Sec. 77.12 of this subpart. The tests must be 
conducted at 10-14 month intervals.
    A herd of cattle and bison is only required to pass two annual 
official tuberculin tests in order to be qualified as an accredited 
herd. However, livestock industry associations have requested that we 
require three official tuberculosis tests to qualify a cervid herd as 
an accredited herd, because of a lack of testing history and the 
present seriousness of the TB situation concerning cervids. 
Classification as an accredited herd would allow cervids from the herd 
to move freely interstate. This classification is part of our proposed 
regulations for interstate movement of cervids, which will be explained 
in detail later in this document.
    Affected herd. A herd of captive cervids that contains, or that has 
been identified as the source of, one or more cervids infected with 
Mycobacterium bovis (determined by bacterial isolation of M. bovis) and 
that has not tested negative to the tests prescribed in Sec. 77.16(d) 
of this subpart.
    This definition is in accordance with the definition of affected 
herd that appears in the UMR for TB, with the addition of an 
explanation of how infection of cervids with M. bovis is to be 
determined.
    Captive cervid. All species of deer, elk, and moose raised or 
maintained in captivity for the production of meat and other 
agricultural products, for sport, or for exhibition. A captive cervid 
that escapes will continue to be considered a captive cervid as long as 
it bears an official eartag with which to trace the animal back to a 
herd of origin.
    This definition excludes wild cervids, which we do not propose to 
regulate under this proposed rule.
    Classified herd. An accredited, qualified, or monitored herd.
    See the definitions for these terms, below.
    Cooperating State and Federal animal health officials. The State 
and Federal animal health officials responsible for overseeing and 
implementing the National Cooperative State/Federal Bovine Tuberculosis 
Eradication Program.
    Depopulate. To destroy all cervids in a herd by slaughter or by 
death otherwise.
    Designated accredited veterinarian. An accredited veterinarian who 
is trained and approved by cooperating State and Federal animal health 
officials to conduct the single cervical tuberculin (SCT) test on 
cervids.
    This definition would differentiate accredited veterinarians who 
have been trained to perform the SCT test on cervids from those who 
have not.
    Exposed cervid. Any cervid that has been exposed to tuberculosis by 
reason of associating with tuberculous cervids, cattle, or bison.
    This definition is in accordance with the definition of exposed 
animals that appears in the UMR for TB.
    Monitored herd. A herd on which identification records are 
maintained on captive cervids inspected for tuberculosis at an approved 
slaughtering establishment or an approved diagnostic laboratory, and 
which meets the standards set forth in Sec. 77.14 of this subpart.
    Moved directly. Moved without unloading en route if moved in a 
means of conveyance, or without stopping if moved in any other manner, 
and without stopover or diversion to assembly points of any type.
    We will propose to require throughout the subpart that cervids be 
``moved directly'' to slaughter, or that cervids be ``moved directly'' 
from a classified herd, for example. Requiring in these instances that 
the cervids be moved directly, as defined above, would minimize the 
risk of the cervids spreading tuberculosis to other animals, should any 
of them have tuberculosis, and would minimize the risk of healthy 
cervids becoming diseased through contact with tuberculous animals en 
route to their destination.
    Negative. Showing no response to an official tuberculosis test or 
classified negative for tuberculosis by the testing veterinarian based 
upon history, supplemental tests, examination of the carcass, or 
laboratory results.
    This definition is consistent with our use of the term ``negative 
animals'' as it appears in the UMR for TB.
    No gross lesions (NGL). Having no visible lesion or lesions of 
bovine tuberculosis detected upon necropsy or slaughter.
    Cervids can react to tuberculosis tests, but upon necropsy or 
slaughter, show no physical signs (lesions) of tuberculosis. Proposed 
Sec. 77.16 would

[[Page 14984]]
require testing of tissue samples from NGL cervids to determine whether 
or not the cervids are infected with tuberculosis.
    Official tuberculosis test. Any of the following tests for bovine 
tuberculosis in cervids, applied and reported in accordance with this 
subpart:
    (1) The single cervical tuberculin (SCT) test; (2) the comparative 
cervical tuberculin (CCT) test; and (3) the blood tuberculosis (BTB) 
test.
    We call these tests official tuberculosis tests (as opposed to the 
official tuberculin tests for cattle and bison) because of the 
inclusion of the BTB test, which is not a tuberculin test. The 
definitions of the SCT test and the CCT test are consistent with our 
use of these terms in the UMR for TB as they relate to cattle and 
bison, and would read as follows:
    Comparative cervical tuberculin (CCT) test. The intradermal 
injection of biologically balanced USDA bovine PPD tuberculin and avian 
PPD tuberculin at separate sites in the mid-cervical area to determine 
the probable presence of bovine tuberculosis (M. bovis) by comparing 
the response of the two tuberculins 72 hours (plus or minus 6 hours) 
following injection.
    Single cervical tuberculin (SCT) test. The intradermal injection of 
0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the 
mid-cervical area with reading by visual observation and palpation in 
72 hours (plus or minus 6 hours) following injection.
    The definition of the BTB test would read as follows:
    Blood tuberculosis (BTB) test. A supplemental test for tuberculosis 
in cervids.
    The BTB test is a relatively new TB test and is explained in detail 
under the description of proposed Sec. 77.11 later in this document.
    Qualified herd. A herd of captive cervids that has tested negative 
to at least one official tuberculosis test of all eligible cervids 
(described in Sec. 77.10 (f)) within the past 12 months, and that is 
not classified as an accredited herd.
    Quarantine. A prohibition from any interstate movement, except for 
interstate movement to slaughter or necropsy in accordance with 
Sec. 77.17.
    Proposed Sec. 77.17 concerns necropsy procedures, approved 
slaughtering establishments, and permits and identification 
requirements for reactor, suspect, and exposed cervids moving 
interstate to slaughter or necropsy.
    Reactor. Any cervid that shows a response to an official 
tuberculosis test and is classified a reactor by the testing 
veterinarian; or any suspect cervid that is classified a reactor upon 
slaughter or necropsy by the USDA or State veterinarian performing or 
supervising the necropsy.
    A cervid that shows a response to an official tuberculosis test 
would be classified as a reactor in accordance with criteria discussed 
later in this document under proposed Sec. 77.11, ``Official 
Tuberculosis Tests.'' This definition of a reactor cervid is consistent 
with our definition for reactor cattle, bison, or dairy goats in the 
UMR for TB, with the clarification that a cervid may be classified as 
reactor upon slaughter or necropsy. A cervid that is not classified as 
reactor upon testing, but that is classified as reactor upon slaughter 
or necropsy would have had a response to an official tuberculosis test, 
but would have been classified as suspect by the testing veterinarian. 
If evidence of tuberculosis is found upon slaughter or necropsy, the 
suspect's response to the official tuberculosis test would be 
reclassified as a reactor response, and the owner of the cervid could 
then claim reactor indemnity for the slaughter of the animal.
    Regular-kill slaughter animal. An animal that is slaughtered for 
food or any reason other than because of a disease regulated under 9 
CFR chapter I (such as tuberculosis, brucellosis, or any other 
livestock disease for which movement of animals is restricted under 9 
CFR chapter I).
    This term is used in Sec. 77.10(b), concerning approved diagnostic 
laboratories.
    Tuberculous. Infected with, exposed to, or having lesions 
indicative of tuberculosis, or classified as suspect or reactor based 
on an official tuberculosis test.
    Whole herd test. An official tuberculosis test of all test eligible 
animals in the herd.
    Whole herd testing would be necessary in herds containing reactors, 
in affected herds, and in other situations, as described in the 
proposed regulations below.

Proposed Sec. 77.9  General Restrictions

    This section would establish general requirements for interstate 
movement of cervids that would apply to all captive cervids, regardless 
of their classification status.
    Under this proposed section, no captive cervid may be moved 
interstate unless it has been tested using an official tuberculosis 
test, and it is moved in compliance with the regulations of proposed 
subpart B. No captive cervid with a response to any official 
tuberculosis test would be eligible for interstate movement unless the 
cervid subsequently tests negative to an official tuberculosis test or 
is moved directly to slaughter or necropsy under permit in accordance 
with proposed Sec. 77.17 (which is discussed below). A response to an 
official tuberculosis test does not mean that the cervid has TB--a 
response means that the cervid is not negative for TB, and may be 
infected with TB. For example, a cervid may respond to an official 
tuberculosis test because the tuberculin was cross reactive with a 
microbacterial disease or immune stimulant present in the animal that 
is not M. bovis. Many animals that respond to a tuberculosis test are 
not found to be infected with M. bovis upon necropsy and bacterial 
culture. Therefore, an animal is not considered to positively have 
tuberculosis until M. bovis has been isolated from a bacterial culture. 
As discussed later, a cervid in an affected herd that responds to the 
SCT will be considered a reactor for several reasons.
    Also, this section would require that, except for captive cervids 
moving under permit directly to slaughter or necropsy, each cervid or 
shipment of cervids to be moved interstate must be accompanied by a 
certificate issued by a State or Federal animal health official or an 
accredited veterinarian before movement. The certificate would have to 
state the official eartag number of each captive cervid to be moved, 
the number of cervids covered by the certificate, the purpose of 
movement, the origin and destination of the cervids, the consignor, and 
the consignee. If a cervid is moving under permit directly to slaughter 
or necropsy, it would not need a certificate because the permit would 
include virtually the same information as a certificate. The permit and 
certificate in this proposal are virtually identical to the permit and 
certificate for movement required for cattle and bison under current 
part 77.
    This section would exempt cervids in zoological parks that are 
accredited by the American Association of Zoological Parks and 
Aquariums (AAZPA) from these regulations when the cervids are moved 
directly interstate between AAZPA member facilities. Any cervids moved 
interstate that are not moved directly from an AAZPA member facility to 
another AAZPA member facility would have to be moved in accordance with 
these proposed regulations. AAZPA facilities monitor their animals for 
tuberculosis and other diseases, and interstate movement between the 
parks would not involve contact with animals that are not in the 
respective parks. Zoos that are not AAZPA members are not required to 
conform to a standardized animal health

[[Page 14985]]
system, and would therefore need to comply with these proposed 
regulations to ensure that tuberculous animals are not moved 
interstate.

Proposed Sec. 77.10  Testing Procedures for Tuberculosis in Cervids

    This section would set forth testing procedures to be followed when 
using the official tuberculosis tests. Paragraph (a) would require 
that, with two exceptions, official tuberculosis tests may only be 
given by a veterinarian employed full-time by the State in which the 
test is administered or by a veterinarian employed full-time by USDA. 
The exceptions are that a designated accredited veterinarian may 
conduct the SCT test (except with affected herds, suspected source 
herds, and herds that have received cervids from affected herds; see 
proposed Secs. 77.11(a)(2) and 77.16 (e) and (f)), and any accredited 
veterinarian may conduct the BTB test.
    Proposed paragraph (b) concerns approved diagnostic laboratories, 
and states that, with one exception, results for all laboratory 
diagnoses would only be accepted from the National Veterinary Services 
Laboratories (NVSL) in Ames, Iowa. The exception would be 
histopathological results from a laboratory of the Food Safety and 
Inspection Service (FSIS), USDA, which would be acceptable for tissue 
examination of regular-kill slaughter animals in those cases where no 
submission was made to NVSL. NVSL and FSIS laboratories are the 
official reference laboratories for the U.S. Department of Agriculture. 
We also propose to require that BTB test samples must be sent for 
diagnosis to the laboratory at Texas A&M University in College Station, 
Texas. This is the only laboratory in the United States equipped to 
evaluate the BTB test.
    Proposed paragraph (c) would require that any captive cervid tested 
with an official tuberculosis test be individually identified by an 
official eartag at the time of the official tuberculosis test. As 
stated in the definitions, an official eartag would provide unique 
identification for each cervid by conforming to the alpha-numeric 
National Uniform Eartagging System. In the event that a cervid is found 
to be infected with tuberculosis, the official eartag identification 
would help State and Federal animal health officials to trace the 
history of ownership of the animal and find the source of the 
infection.
    Paragraph (d) would require that the testing veterinarian submit a 
report to cooperating State and Federal animal health officials of the 
State in which the captive cervid is tested. The report would have to 
include the following information for all official tuberculosis tests 
administered: the individual eartag number; the age, sex, and breed of 
each captive cervid tested; a record of all responses; the size of each 
response (if appropriate for that test); and the test interpretation.
    Paragraph (e) would provide for interpretation of an SCT test to be 
based upon the judgment of the testing veterinarian after observation 
and palpation of the injection site, in accordance with the 
classification requirements described in proposed Sec. 77.11(a) 
(discussed below). The SCT test is subjective by nature. A veterinarian 
determines the response to the tuberculin by observing and palpating 
the injection site and evaluating the increase (if any) in skin 
thickness. Also, the TB history of the herd and the individual cervid, 
and the tester's own experience must be factored into the 
interpretation. Paragraph (e) would require that interpretation of the 
CCT test be in accordance with proposed Sec. 77.11(b), which prescribes 
standards for classifying a cervid based on measuring the response to 
the tuberculins. Further, paragraph (e) would require that 
interpretation of a BTB test be in accordance with patented standards 
for the BTB test,1 and the classification requirements described 
in proposed Sec. 77.11(c). The laboratory at Texas A&M University in 
College Station, Texas, has purchased the right to use the patented 
software that interprets the BTB test and is, therefore, equipped to 
evaluate the BTB test (see proposed Sec. 77.10(b)(2)).

    \1\ The patented standards for the BTB test may be obtained from 
the Deer Research Laboratory, Department of Microbiology, University 
of Otago, P.O. Box 56, Dunedin, New Zealand, or from the Texas 
Veterinary Medical Center, College of Veterinary Medicine, Texas A&M 
University, College Station, Texas.
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    Paragraph (f) would require that testing of herds for 
classification include all captive cervids 1 year of age or over and 
any captive cervids other than natural additions (cervids born into the 
herd) under 1 year of age. Natural additions under 1 year of age would 
not need testing since, if we know the TB status of the rest of the 
herd, we can surmise that cervids under 1 year of age have the same TB 
status. Any cervid under 1 year of age that is not a natural addition 
would require testing, since we would not necessarily know the TB 
status of the herd from which it came. All natural additions under 1 
year of age would have to be individually identified by an official 
eartag and recorded in the test report as members of the herd at the 
time of the herd test, even though they are not tested.

Proposed Sec. 77.11  Official Tuberculosis Tests

    This section describes each of the three official tuberculosis 
tests, when each could be used, and the classification the testing 
veterinarian would have to confer depending upon a cervid's response to 
each test.

Single Cervical Tuberculin (SCT) Test

    The SCT test is one of two tuberculin tests that this proposal 
designates as official tuberculosis tests. (A tuberculin test requires 
the injection of tuberculin into the cervid's skin. A visible reaction 
to the tuberculin, such as swelling, may indicate the presence of M. 
bovis.) Of the two tuberculin tests, the SCT is the most sensitive. 
Under this proposal, the SCT test would be the primary test to be used 
in individual captive cervids, and in captive cervid herds of unknown 
tuberculous status. Because the SCT test is very sensitive, it is more 
likely than other tuberculin tests to detect M. bovis in an animal. It 
is also, however, more likely to react to other microbacterial diseases 
or immune stimulants present in the animal that are not M. bovis. For 
this reason, we would require that each cervid in a herd of unknown 
tuberculous status that responds to the SCT test be classified as a 
suspect for tuberculosis until it is retested with either the CCT test 
or the BTB test and is either found negative for tuberculosis or is 
classified as a reactor, unless the testing veterinarian determines 
that the cervid should be classified as a reactor based on its response 
to the SCT test, the circumstances under which the cervid is being 
tested, and any previous association with TB the cervid has had.
    However, we would require that a designated accredited veterinarian 
could only classify a cervid as a reactor with the concurrence of the 
State and/or regional tuberculosis epidemiologist for the State in 
which the animal is being tested. Classifying an animal as a reactor 
always necessitates further serious regulatory actions, including 
quarantine, traceback, and usually, the slaughter of the reactor and 
other cervids in the herd. It is for this reason that, as explained 
below, we would require that official tuberculosis tests must be 
conducted by a State or USDA veterinarian in cases where it is highly 
probable that reactor animals will be found (for example, affected 
herds and herds containing suspects that are being retested with the 
CCT). It is also for this reason that we would require designated 
accredited veterinarians to obtain the concurrence of a State and/or 
regional

[[Page 14986]]
tuberculosis epidemiologist in those unusual cases where a designated 
accredited veterinarian determines that a cervid should be judged a 
reactor instead of a suspect.
    As explained previously in this document, the testing veterinarian 
may interpret the SCT test based upon his or her own professional 
judgment, taking into account the circumstances under which the cervid 
is being tested, any previous association with TB the cervid or herd 
has had, and the veterinarian's own experience with conducting the SCT 
test. These factors could cause the testing veterinarian to determine a 
cervid is a reactor instead of a suspect. Before conducting an SCT 
test, the testing veterinarian would inform the owner of the cervids of 
the possibility that cervids responding to the test may be classified 
as suspects or reactors. For example, if the testing veterinarian is 
using the SCT test for annual routine tuberculosis testing of a herd, 
the veterinarian would classify cervids that respond to the test as 
suspects. However, if the SCT test is being conducted on a herd 
considered to be at a high risk for tuberculosis (such as a herd newly 
assembled on premises where a tuberculous herd had been depopulated, a 
herd suspected of being a source of a tuberculous animal found at 
slaughter, or a herd recently released from quarantine for 
tuberculosis) the testing veterinarian may classify cervids that 
respond to the SCT test as reactors. This proposed rule would require 
that the testing veterinarian classify a cervid that responds to the 
SCT test as a reactor if the herd being tested is an affected herd 
(discussed below), or if it is a herd that has received cervids from an 
affected herd (discussed under proposed Sec. 77.16). In individual 
cervids, a testing veterinarian may classify an individual cervid as a 
reactor if, for example, the cervid is being tested as part of a 
traceback investigation and there is strong evidence that the cervid is 
the source of tuberculosis.
    This section would also designate the SCT test as the primary test 
to be used in affected herds and herds that have received cervids from 
affected herds. When used with affected herds or herds that have 
received cervids from an affected herd, the SCT test could only be 
administered by a veterinarian employed full-time by the State in which 
the test is administered or employed full-time by USDA. In affected 
herds, each cervid that responds to the SCT test must be classified as 
a reactor. In other cases, a cervid that responds to the SCT test would 
be classified as a suspect and retested with either the CCT test or the 
BTB test. However, in an affected herd, it is known that the cervid has 
been exposed to TB. That, combined with the fact that the SCT test is 
more sensitive than the CCT test or the BTB test, makes it more likely 
that a response to the SCT test indicates an animal with TB. Therefore, 
we would require that a cervid that is in an affected herd and that 
responds to the SCT be classified as a reactor.

Comparative Cervical Tuberculin (CCT) Test

    The CCT test is the second of the two tuberculin tests designated 
as official tuberculosis tests under this proposal. As discussed 
previously, the CCT test is less sensitive than the SCT test. The CCT 
test would not be used as a primary test for cervid herds because the 
fact that it is less sensitive makes it more likely that it may not 
detect some M. bovis infections in herds of unknown tuberculous status. 
However, it is also more likely that a cervid responding to the CCT 
test is actually infected with M. bovis. For this reason, we propose to 
use the CCT test as a supplemental test that may only be used for 
retesting captive cervids classified as suspects. The CCT test may be 
used in affected herds only after the herd has tested negative to two 
whole herd SCT tests, and only with the prior written consent of 
cooperating State or Federal animal health officials. The CCT test may 
not be used as a primary test for herds of unknown tuberculous status. 
Any cervid with a response to bovine PPD tuberculin that is less than 1 
mm would be classified as negative for TB. Any cervid with a response 
to the avian PPD tuberculin that is greater than the response to the 
bovine PPD tuberculin would be classified as negative for tuberculosis. 
Any cervid with a response to the bovine PPD tuberculin which is 2 mm 
or greater and that is equal to the response to the avian PPD 
tuberculin would be classified as a suspect, unless the testing 
veterinarian determines that the cervid should be classified as a 
reactor. Any cervid with a response to the bovine PPD tuberculin that 
is 2 mm or greater and that is at least 0.5 mm greater than the 
response to the avian PPD tuberculin would be classified as a reactor. 
Animals classified as suspects on two successive CCT tests would be 
classified as reactors. Any exceptions to reactor classification under 
the conditions described above would have to be justified by the 
testing veterinarian in writing and have the concurrence of cooperating 
State or Federal animal health officials.

Blood Tuberculosis (BTB) Test

    Unlike the two tuberculin tests described above, the BTB test 
requires the laboratory analysis of a blood sample taken from the 
cervid. Under this proposal, the BTB test would be a supplemental test 
that may be used in place of the CCT test for retesting captive cervids 
classified as suspects. Based on a cervid's response to the BTB test, a 
cervid is classified by the testing laboratory as either ``M. bovis 
positive,'' ``avian,'' ``equivocal,'' or ``negative.'' This proposal 
would require that any cervid classified by the testing laboratory as 
``equivocal'' be classified as a suspect, and any cervid classified by 
the testing laboratory as ``M. bovis positive'' be classified as a 
reactor. Any cervid classified by the testing laboratory as ``avian'' 
or ``negative'' would be considered negative for TB. Copies of the BTB 
test results would have to be submitted by the person, firm, or 
corporation responsible for the management of the herd to the 
cooperating State and Federal animal health officials.
    Since this proposal would not require that the BTB test be used for 
diagnosis of a cervid or cervid herd, we propose to require that the 
cost of the BTB test be born by the owner of the tested animal(s). The 
BTB test costs approximately $100 per cervid to perform and evaluate. 
We have included the BTB test within the scope of these proposed 
regulations because some herd owners prefer to use the BTB test on 
their animals. However, APHIS does not have the funds to bear the cost 
of this test, and we believe that the SCT and the CCT tuberculin tests 
provide results as reliable as the BTB test.

Proposed Secs. 77.12, 77.13, 77.14, and 77.15  Interstate Movement of 
Cervids

    Unlike the TB eradication program for cattle and bison, we are not 
proposing at this time that the TB status of cervids affect the TB 
status of a State. There are 15 States that have had TB-infected herds 
of deer and elk. Of these, eight are accredited-free States, and would 
lose or have suspended their accredited-free State status if we 
required that cervids be TB-free in order for States to maintain their 
accredited-free status. Further, although we do offer indemnity 
payments for cervids under 9 CFR part 50, we do not at this time have 
sufficient funds to pay indemnity to all cervid owners so that herd 
depopulation would be an affordable option for their infected herds. 
Without depopulation of TB-infected cervid herds, it would be difficult 
for many States to maintain their accredited-free status. For these

[[Page 14987]]
reasons, we are proposing herd accreditation for cervids which would be 
separate from the State herd accreditation for cattle and bison. The 
herd accreditation for cervids would help prevent the spread of TB from 
cervids without allowing the TB status of an individual cervid herd to 
affect the TB status of an entire State. The provisions for herd 
accreditation would be found in Secs. 77.12 through 77.15 of proposed 
subpart B. After 3 years, the regulations we are proposing here will be 
subject to review, and States that have infected cervid herds will have 
their State TB status reviewed. If at that time, we determine that the 
TB infection rate of cervid herds is at a level which would make it 
appropriate for the TB status of cervids to affect the TB status of 
States, we will revise the regulations accordingly.
    Participation in the herd accreditation plan for cervids would be 
voluntary. However, interstate movement of cervids would be easier for 
an animal from a classified herd. We propose to create three classes of 
herds--accredited, qualified, and monitored. A captive cervid that is 
not known to be infected or exposed to TB could be moved interstate 
from an unclassified herd--a herd not participating in the herd 
accreditation plan or a herd that has not yet been classified as 
accredited, qualified, or monitored--only if accompanied by a 
certificate stating that: (1) The cervid has tested negative to two 
official tuberculosis tests, which were conducted no less than 90 days 
apart; (2) the second tuberculosis test was conducted within 90 days 
prior to the date of movement; and (3) the cervid was isolated from all 
other animals during the testing period (the period beginning at the 
time of the first test and ending at the time of interstate movement). 
(These provisions are located in proposed Sec. 77.15.)
    The herd classifications we propose are described below:

Accredited Herds

    These provisions are located in proposed Sec. 77.12. To be 
recognized as an accredited herd, all captive cervids in the herd that 
are eligible for testing must have tested negative to at least three 
consecutive official tuberculosis tests conducted at 10-14 month 
intervals. If a herd meets this requirement, the owner of the herd must 
obtain a document issued by cooperating State and Federal animal health 
officials stating that the herd meets the requirement above and that 
the herd is classified as an accredited herd.
    A captive cervid from an accredited herd would be allowed to move 
interstate without further TB testing, provided it is accompanied by a 
certificate, as described in proposed Sec. 77.9, that includes a 
statement that the cervid is from an accredited herd. If a group of 
captive cervids from an accredited herd is being moved interstate 
together to the same destination, all cervids in the group could be 
moved under one certificate.
    Captive cervids could be added to an accredited herd if: (1) The 
cervid to be added is moved directly from an accredited herd; or (2) 
the cervid to be added is moved directly from a qualified or monitored 
herd and has tested negative to an official tuberculosis test within 90 
days prior to movement to the premises of the accredited herd; or (3) 
if the cervid to be added is not moved directly from a classified herd, 
it must be isolated from all other members of the unclassified herd and 
must test negative to two official tuberculosis tests. The isolation 
must begin at the time of the first official tuberculosis test. The 
tests must be conducted at least 90 days apart and the second test must 
be conducted within 90 days prior to movement to the premises of the 
new herd.
    In addition, a herd addition that is not being moved directly from 
an accredited or qualified herd must be kept isolated from all members 
of the accredited herd until it tests negative to an official 
tuberculosis test conducted at least 90 days following the date of 
arrival at the premises of the accredited herd. Such herd additions 
would not receive status as members of the accredited herd for purposes 
of interstate movement until they have tested negative to an official 
tuberculosis test and been released from isolation. A cervid to be 
added may not have been exposed for 90 days prior to its movement to a 
cervid with a lower classification status than its own.
    To maintain accredited herd status, all cervids in the herd that 
are eligible for testing must test negative to an official tuberculosis 
test within 22-26 months from the anniversary date of the third 
consecutive test (that is, the test on which the herd was recognized as 
accredited, or the accrediting test). Each time the herd is tested for 
reaccreditation, it must be tested 22-26 months from the anniversary 
date of the accrediting test, not from the last date of reaccreditation 
(for example, if a herd is accredited on January 1 of a given year, the 
anniversary date will be January 1 of every second year). Accredited 
herd status would be valid for 24 months (730 days) from the 
anniversary date of the accrediting test.
    The 22-26 month leeway time for retesting would be necessary to 
allow for some flexibility to accommodate herds that cannot be tested, 
for whatever reason, at exactly 24 month intervals. However, this also 
means there may be a lapse in accreditation. For example, if the date 
of a herd's accrediting test is January 1, 1996 (making the anniversary 
date January 1 of every second year), the status would be valid until 
January 1, 1998 (24 months). If the herd is not retested until March 1, 
1998 (26 months), its accredited herd status would be suspended for the 
2-month interim between the anniversary date and the reaccreditation. 
During the suspension period, the herd would be considered 
``unclassified'' and cervids moved from the herd would have to comply 
with the proposed regulations for unclassified herds (found in proposed 
Sec. 77.15).

Qualified Herds

    These provisions are located in proposed Sec. 77.13. To be 
recognized as a qualified herd, all captive cervids in the herd that 
are eligible for testing must have tested negative to one official 
tuberculosis test. If a herd meets this requirement, the owner of the 
herd must obtain a document from cooperating State and Federal animal 
health officials stating that the herd meets the requirement above and 
is classified as a qualified herd.
    A captive cervid from a qualified herd would be allowed to move 
interstate only if the cervid is not known to be infected with or 
exposed to TB and the cervid is accompanied by a certificate, as 
described in proposed Sec. 77.9(c), that includes a statement that: (1) 
The cervid is from a qualified herd; and (2) the cervid has tested 
negative to an official tuberculosis test conducted within 90 days 
prior to the date of movement. If a group of cervids from a qualified 
herd is being moved interstate together to the same destination, all 
cervids in the group could be moved under one certificate.
    Captive cervids could be added to a qualified herd if: (1) The 
cervid to be added is moved directly from an accredited herd; or (2) 
the cervid to be added is moved directly from a qualified or monitored 
herd and has tested negative to an official tuberculosis test within 90 
days prior to movement to the premises of the qualified herd; or (3) if 
the cervid to be added is not moved directly from a classified herd, 
the cervid must be kept isolated from all other animals and must test 
negative to two official tuberculosis tests. The isolation must begin 
at the time of the first official tuberculosis test.

[[Page 14988]]
The tests must be conducted at least 90 days apart and the second test 
must be conducted within 90 days prior to movement to the premises of 
the new herd. The cervid must then be kept isolated from all animals 
until it tests negative to an official tuberculosis test conducted at 
least 90 days following the date of arrival at the premises of the 
qualified herd. Such herd additions would not receive status as members 
of the qualified herd for purposes of interstate movement until they 
have tested negative to an official tuberculosis test and been released 
from isolation. Any cervid to be added may not have been exposed for 90 
days prior to its movement to a cervid with a lower classification 
status than its own.
    To maintain status as a qualified herd, all cervids in the herd 
that are eligible for testing must test negative to an official 
tuberculosis test within 10-14 months from the anniversary date of the 
first test with no evidence of TB disclosed (this is the qualifying 
test). Each time the herd is retested for qualified status, it must be 
tested 10-14 months from the anniversary date of the qualifying test, 
not from the last date of requalification (for example, if a herd is 
qualified on January 1 of a given year, the anniversary date will be 
January 1 of each consecutive year). Status as a qualified herd would 
remain in effect for 12 months (365 days) following the anniversary 
date of the qualifying test. As with accredited herds, qualified herd 
status would be suspended between the anniversary date and the date of 
retest. If the herd owner waits longer than 12 months to retest, the 
herd would be considered unclassified during the suspension period.

Monitored Herds

    These provisions are found in proposed Sec. 77.14. The provisions 
for monitored herds have been included mainly to accommodate very large 
cervid herds raised under range conditions. These herds are extremely 
difficult to gather at one time for whole herd testing. This section 
allows them to be monitored for tuberculosis according to their 
slaughter records, as explained below.
    To be recognized as a monitored herd, identification records must 
be maintained by the person, firm, or corporation responsible for the 
management of the herd on all cervids in the herd that are slaughtered, 
inspected, and found negative for TB at an approved slaughtering 
establishment or necropsied at an approved diagnostic laboratory. A 
sufficient number of cervids in the herd must be slaughtered, as 
determined by the Administrator, to ensure that TB infection at a 
prevalence level of 2 percent or more will be detected with a 
confidence level of 95 percent. This would require that a maximum 
number of 148 cervids be slaughtered over a 3-year period, no matter 
the size of the herd. We would include a footnote in this paragraph to 
state that information and a chart concerning how many cervids would 
have to be slaughtered depending on the size of a herd would be 
available by contacting APHIS.
    A captive cervid that is from a monitored herd would be allowed to 
move interstate only if the cervid is not known to be infected with or 
exposed to TB and the cervid is accompanied by a certificate, as 
described in proposed Sec. 77.9, that includes a statement that: (1) 
The cervid is from a monitored herd; and (2) the cervid has tested 
negative to an official tuberculosis test conducted within 90 days 
prior to the date of movement. If a group of cervids from a monitored 
herd is being moved interstate together to the same destination, all 
cervids in the group could be moved under one certificate.
    The requirements for herd additions to a monitored herd would be 
the same as the requirements for herd additions to a qualified herd.
    To maintain status as a monitored herd, the person, firm, or 
corporation responsible for the management of the herd would have to 
submit an annual report to cooperating State or Federal animal health 
officials prior to the anniversary date of classification to give the 
number of captive cervids currently in the herd and the number of 
captive cervids over 1 year of age identified, slaughtered, and 
inspected at an approved slaughtering establishment or necropsied at an 
approved diagnostic laboratory during the preceding year. We would 
require the report to include only slaughtered cervids over 1 year of 
age because animals younger than 1 year do not develop lesions 
adequately to serve as a true indication of the TB infection rate. The 
number of slaughter inspections reported in any given year would have 
to be at least 25 percent of the total number of slaughter inspections 
required over a 3-year period to qualify a herd for monitored herd 
status. During each consecutive 3-year period, however, 100 percent of 
the qualifying total would have to be reported.

Proposed Sec. 77.16  Other Interstate Movements

    This section would regulate the interstate movement of captive 
cervids from herds containing reactors, suspects, or exposed cervids, 
and from herds that have been identified as the possible source of a 
tuberculous cervid. This section would also establish testing to be 
administered under those circumstances. In most cases, we would require 
that a herd be ``quarantined'' until the results of tests are known. 
Quarantine is defined in proposed Sec. 77.8 to mean ``a prohibition 
from any interstate movement, except for interstate movement to 
slaughter or necropsy in accordance with Sec. 77.17.'' Tuberculous 
herds may also be subject to State quarantines, which could prohibit 
cervids from being moved intrastate.
    Proposed paragraph (a) concerns herds containing a suspect, and 
paragraph (a)(1) provides that a suspect on the SCT test would have to 
be quarantined until it is retested with the CCT test or the BTB test 
and found negative for tuberculosis. If the suspect is retested using 
the CCT test, the CCT test would have to be administered within 10 days 
following the SCT test, or at least 90 days after the SCT test. If the 
CCT test is administered within 10 days of the SCT test, the testing 
veterinarian would have to inject the neck on the side opposite the 
injection for the SCT test. If the suspect is retested with the BTB 
test, the sample for the BTB test would have to be taken at least 12 
days after the injection for the SCT test. However, we would also 
recommend that the BTB sample be taken within 30 days following the SCT 
test. The antibody production stimulated by the SCT reaches its highest 
level 12-30 days after the SCT injection. Therefore, the antibody 
levels during this period may produce more reliable results for the BTB 
test than might be possible after 30 days. However, we would not 
require that the sample for the BTB test be drawn within 30 days 
following the SCT injection to allow for situations in which it is 
impossible to test the animal within that time (this is often the case 
with very large herds or herds permitted to graze on very large areas).
    Paragraph (a)(1) also provides that a suspect on the CCT test or 
the BTB test would be quarantined until the suspect on the CCT test is 
retested with the CCT test at least 90 days after the previous test and 
found negative for TB, or the suspect on the BTB test is retested with 
the BTB test 30-60 days after the previous test and is found negative 
for TB.
    Paragraph (a)(2) provides that the remainder of the herd containing 
a suspect would be quarantined until the suspect is found negative for 
TB upon retesting, slaughter, or necropsy. If the suspect is found 
negative for

[[Page 14989]]
tuberculosis, the herd would be released from quarantine and would 
return to the herd classification status in effect before the herd was 
quarantined. If the suspect is classified as a reactor upon retesting, 
slaughter, or necropsy, the herd could be released from quarantine only 
in accordance with proposed paragraph (b), which concerns herds 
containing a reactor.
    Proposed paragraph (b)(1) provides that captive cervids classified 
as reactors would have to be quarantined. Proposed paragraph (b)(2) 
provides that the remainder of the herd containing a reactor would be 
quarantined until the reactors are slaughtered or necropsied in 
accordance with proposed Sec. 77.17, and in accordance with one of the 
following scenarios:
    1. If upon slaughter or necropsy any reactors exhibit lesions 
compatible with or suggestive of tuberculosis, found by histopathology, 
without isolation of M. bovis, the remainder of the herd will be 
subject to the provisions of proposed Sec. 77.16(c), which concerns 
herds found to have only lesions of tuberculosis (discussed below).
    2. If M. bovis is isolated from any reactors, the remainder of the 
herd would be considered an affected herd, and would be subject to the 
provisions of proposed Sec. 77.16(d), which concerns affected herds 
(discussed below).
    3. If upon slaughter or necropsy all reactors exhibit no gross 
lesions (NGL) of tuberculosis and no evidence of tuberculosis infection 
is found by histopathology and culture of M. bovis on selected 
specimens from NGL animals, the remainder of the herd would be released 
from quarantine, and cervids from the herd could be moved interstate in 
accordance with the herd classification status in effect before the 
herd was quarantined if one of the following conditions are met: (1) 
The remainder of the herd is given a whole herd test and is found 
negative for tuberculosis; or (2) The remainder of the herd is given a 
whole herd test, and all reactors to the whole herd test exhibit no 
gross lesions (NGL) of tuberculosis upon slaughter or necropsy and no 
evidence of tuberculosis infection is found by histopathology and 
culture of M. bovis on selected specimens from NGL animals.
    4. If no evidence of tuberculosis is found in any reactor upon 
slaughter or necropsy, but it is not possible to conduct a whole herd 
test on the remainder of the herd, the herd would be evaluated, based 
on criteria such as the testing history of the herd and the State 
history of tuberculosis infection, by the State and/or regional 
tuberculosis epidemiologist to determine whether or not the herd may be 
released from quarantine.
    Proposed paragraph (c) of Sec. 77.16 concerns herds in which 
captive cervids with lesions compatible with or suggestive of 
tuberculosis are found by histopathology without the isolation of M. 
bovis. These herds would already have been quarantined under paragraphs 
(a), (b), or (d) for herds containing a reactor, a suspect, or an 
exposed cervid, or under paragraph (e) for source herds. Paragraph (c) 
would provide that if a herd is found to have only lesions of 
tuberculosis, the herd could be released from quarantine and return to 
the herd classification status in effect before the herd was 
quarantined, with the concurrence of the regional tuberculosis 
epidemiologist, if the herd tests negative to tuberculosis on a whole 
herd test conducted 90 days following the removal of the lesioned 
cervid, provided the herd has not been exposed to M. bovis during the 
90 days. In order to maintain its herd classification status, the herd 
would have to test negative to two annual whole herd tests beginning 
10-12 months after the herd is released from quarantine. If any cervids 
in the herd respond to one of the tests, the herd would be subject to 
the provisions of Sec. 77.16 (a) or (b). If the herd is not given the 
two annual whole herd tests, it would become an unclassified herd.
    Proposed paragraph (d) of Sec. 77.16 provides that a herd 
determined to be an affected herd would be quarantined until it has 
tested negative to three whole herd tests in succession, with the first 
test given 90 days or more after the last test yielding a reactor and 
the last two tests given at intervals of not less than 180 days. (As 
stated earlier in this document, an affected herd would be defined as a 
herd of cervids that contains, or that has been identified as the 
source of, one or more cervids infected with M. bovis and that has not 
tested negative to the required tests prescribed in this paragraph). If 
the herd tests negative to the three whole herd tests, it would be 
considered an unclassified herd, and cervids could only be moved 
interstate from the herd in accordance with the provisions for 
unclassified herds in Sec. 77.15, discussed previously in this 
document. In addition, the herd would have to be given an additional 
five consecutive annual whole herd tests after release from quarantine. 
These five tests would count towards qualifying the herd for herd 
classification. As an alternative to testing, the herd could be 
depopulated.
    Proposed paragraph (e) of Sec. 77.16 concerns herds that have 
received cervids from an affected herd. It provides that if a herd has 
received cervids from an affected herd, the cervids would be considered 
exposed, and the exposed cervids and the receiving herd would be 
quarantined. The exposed cervids would have to be slaughtered, 
necropsied, or tested with the SCT test by a veterinarian employed 
full-time by the State in which the test is administered or employed 
full-time by USDA. The BTB test could be used simultaneously with the 
SCT test as an additional diagnostic test.
    Paragraphs (e)(1), (e)(2), (e)(3), and (e)(4) of Sec. 77.16 would 
describe the disposition of the receiving herd depending on what 
disease status the exposed cervids are determined to have. Paragraph 
(e)(1) states that if any exposed cervid tests positive to either the 
SCT test or the BTB test, it would be classified as a reactor, and 
would be considered as part of the affected herd of origin for purposes 
of testing, quarantine, and the five annual whole herd tests required 
for affected herds in Sec. 77.16(d). The receiving herd would then be 
subject to the provisions of Sec. 77.16(b), for herds containing a 
reactor. If bovine tuberculosis is confirmed in any of the exposed 
cervids by bacterial isolation of M. bovis, the receiving herd would be 
classified as an affected herd and would be subject to Sec. 77.16(d), 
for affected herds. If any of the exposed cervids are found to exhibit 
lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the herd would be 
subject to Sec. 77.16(c) for herds found to have only lesions of 
tuberculosis. If all of the exposed cervids test negative for 
tuberculosis, paragraph (e)(2) provides that the receiving herd could 
be released from quarantine, and would return to the herd 
classification in effect before the herd was quarantined. In addition, 
the herd would have to be given a whole herd test with the SCT test 1 
year after release from quarantine in order for cervids from the herd 
to continue to be moved interstate. Supplemental diagnostic tests could 
be used if any cervids in the herd show a response to the SCT test.
    Paragraph (f) of Sec. 77.16 concerns source herds, and would 
provide that a herd suspected of being the source of tuberculous 
animals based on a slaughter traceback investigation would be 
quarantined upon notification (by the person conducting the 
investigation) to the USDA Area Veterinarian-in-Charge for the State in 
which the herd resides, and a whole herd test would have to be 
scheduled. If the herd is suspected of being the source of slaughter 
animals having lesions of tuberculosis, the whole herd test would have 
to be done

[[Page 14990]]
by a veterinarian employed full-time by the State in which the test is 
administered or employed full-time by USDA.
    If the herd is positively identified as the source of animals 
having lesions of tuberculosis and M. bovis has been confirmed by 
bacterial isolation from the slaughter animal, the herd would be 
considered affected and would have to be prohibited from interstate 
movement and tested in accordance with the provisions for affected 
herds in Secs. 77.11(a)(2) and 77.16(d).
    If the herd is positively identified as the source of cervids that 
exhibit lesions compatible with or suggestive of tuberculosis, found by 
histopathology, without the isolation of M. bovis, the herd would be 
subject to the provisions for herds found to have only lesions of 
tuberculosis in Sec. 77.16(c).
    If the herd is not positively identified as the source herd, the 
herd would be released from quarantine if the herd is given a whole 
herd test and is found negative for tuberculosis. The herd would then 
return to the herd classification status in effect before the herd was 
quarantined.
    Proposed paragraph (g) of Sec. 77.16 concerns herds newly assembled 
on premises where a tuberculous herd has been depopulated. Such herds 
would have to be given two consecutive annual whole herd tests. The 
first test would have to be administered at least 6 months after the 
assembly of the new herd. If the whole herd tests are not conducted 
within the indicated timeframe, the herd would be quarantined. If the 
herd tests negative to the whole herd tests, there would be no further 
requirements. If any cervids in the herd respond to one of the whole 
herd tests, the herd would be subject to the provisions of Sec. 77.16 
(a) or (b). If the premises has been vacant for more than 1 year 
preceding the assembly of the new herd on the premises, these 
requirements could be waived in accordance with the judgment of 
cooperating State and Federal animal health officials.

Proposed Sec. 77.17  Procedures for and Interstate Movement to Necropsy 
and Slaughter

    Under this proposal, necropsy and slaughter are listed as options 
for the disposition of suspects, reactors, and exposed cervids. 
Paragraph (a) of this section would set forth required procedures for 
necropsy and slaughter. It would require that necropsies be performed 
by or under the supervision of a veterinarian who is employed full-time 
by USDA or employed full-time by the State in which the cervid was 
classified, and who is trained in tuberculosis necropsy procedures. 
This requirement would allow for necropsy to be performed anywhere, as 
long as the required USDA or State veterinarian is available to perform 
or supervise the procedure. If, upon necropsy, a cervid is found 
without evidence of M. bovis infection by histopathology or culture 
(including specimens from cervids having no gross lesions indicative of 
tuberculosis), the cervid would be considered negative for 
tuberculosis.
    Paragraph (a) would also require that reactors, suspects, and 
exposed cervids may only be slaughtered at an approved slaughtering 
establishment, as defined in Sec. 77.8. As defined, approved 
slaughtering establishments operate under the provisions of the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.), or have inspection by a 
State inspector at the time of slaughter. Most often, owners of 
reactors, suspects, and exposed cervids would send their animals to 
slaughter in an attempt to recover some value from the animal (meat or 
other byproducts). Requiring the animals to be slaughtered only at 
approved slaughtering establishments would ensure that carcasses of 
tuberculous cervids are properly examined and disposed of in accordance 
with Federal Meat Inspection Act requirements to protect public health. 
If reactors, suspects, or exposed cervids are not slaughtered, but are 
necropsied at a diagnostic laboratory or other location that is not an 
approved slaughtering establishment, the disposal of the cervid 
carcasses would be subject to State or county laws and regulations.
    Paragraph (b) of this section would concern interstate movement to 
necropsy or slaughter, and would require that any reactor, suspect, or 
exposed cervid to be moved interstate to necropsy or slaughter be 
accompanied by a permit issued by a cooperating State or Federal animal 
health official or an accredited veterinarian. The cervid would have to 
remain on the premises where it was identified as a reactor, suspect, 
or exposed cervid until a permit for its interstate movement is 
obtained. The permit would have to list: The reactor eartag number (if 
applicable) or the official eartag number; the owner's name and 
address; the origin and destination of the cervids; the number of 
cervids covered by the permit; and the purpose of the movement. No 
stopover or diversion from the destination listed on the permit would 
be permitted. If a change in destination would become necessary, a new 
permit would have to be obtained from a cooperating State or Federal 
animal health official or an accredited veterinarian before the 
interstate movement begins.
    Paragraph (b) would also require specific identification for 
reactors and exposed cervids moving interstate to slaughter. The 
identification we propose is identical to identification already 
required for cervids moving interstate to slaughter under 9 CFR part 50 
(see interim rule Docket No. 94-133-1, 60 FR 37804-37810, published 
July 24, 1995). Reactors would have to be tagged with an official 
eartag attached to the left ear and bearing a serial number and the 
inscription ``U.S. Reactor,'' and branded with the letter ``T'' high on 
the left hip near the tailhead and at least 5 by 5 centimeters (2 by 2 
inches) in size. Reactors could be moved interstate without branding if 
they are permanently identified by the letters ``TB'' tattooed legibly 
in the left ear, sprayed with yellow paint on the left ear, and either 
accompanied directly to necropsy or slaughter by an APHIS or State 
representative or moved directly to necropsy or slaughter in a vehicle 
closed with official seals. Such official seals would have to be 
applied and removed by an APHIS representative, State representative, 
accredited veterinarian, or an individual authorized for this purpose 
by an APHIS representative.
    Exposed cervids would have to be identified by an official eartag 
and branded with the letter ``S'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size. 
Exposed cervids could be moved interstate without branding if they are 
either accompanied directly to necropsy or slaughter by an APHIS or 
State representative, or moved directly to necropsy or slaughter in a 
vehicle closed with official seals. Such official seals would have to 
be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.

Proposed Sec. 77.18  Cleaning and Disinfection of Premises, 
Conveyances, and Materials

    This proposed section would establish requirements for cleaning and 
disinfecting premises, conveyances, and materials that may be 
contaminated with TB because they were used in handling tuberculous 
cervids. These requirements would help prevent cervids or other 
livestock (such as cattle, bison, or horses) from becoming infected 
with tuberculosis. Similar requirements are contained 9 CFR part 50 for 
animals destroyed because of tuberculosis, and in part 76 for swine to

[[Page 14991]]
prevent the spread of hog cholera and other communicable diseases of 
swine.
    Under this proposed section, all conveyances and associated 
equipment, premises, and structures that are used for receiving, 
holding, shipping, loading, unloading, and delivering captive cervids 
in connection with their interstate movement and that are determined by 
cooperating State and Federal animal health officials to be 
contaminated because of occupation or use by tuberculous cervids must 
be cleaned and disinfected under the supervision of the cooperating 
State or Federal animal health officials. Such cleaning and 
disinfecting would have to be done in accordance with the procedures 
approved by the cooperating State or Federal animal health officials. 
These procedures may vary by State, but would include removing all 
litter and manure from floors and other surfaces, cleaning interior and 
exterior surfaces, emptying all feeding or watering appliances, and 
saturating surfaces with a disinfectant. Cleaning and disinfection 
would have to be completed before the premises, conveyances, or 
materials could again be used to convey, hold, or in any way come in 
contact with any livestock.
    We are also proposing to add a new Sec. 77.7 to the regulations in 
subpart A, ``Cattle and Bison,'' that would contain requirements for 
cleaning and disinfecting premises, conveyances, and materials that may 
be contaminated with TB because they were used in handling tuberculous 
cattle or bison. These requirements would be identical to those 
described above for captive cervids. Currently, cleaning and 
disinfection requirements concerning TB in cattle and bison are 
contained in the UMR for TB. Hence, the requirements we are proposing 
to add to part 77 for cattle and bison would not be an addition to the 
tuberculosis eradication program for cattle and bison. We are only 
adding these requirements to the regulations so that any person reading 
the regulations is aware that premises, conveyances, and materials that 
may be contaminated with TB because they were used in handling 
tuberculous cattle or bison must be cleaned and disinfected. This is 
necessary to ensure the effectiveness of the tuberculosis eradication 
program.

Revisions to Existing Regulations in Part 77

    We are proposing to make several nonsubstantive changes to the 
regulations in part 77 in order to allow for the creation of a subpart 
B and to make it clear that the existing regulations refer only to 
cattle and bison. To do this, we propose to title Secs. 77.1-77.7 as 
``Subpart A--Cattle and Bison.'' We also propose to add the phrase 
``cattle and bison'' to some sentences and to replace the word ``part'' 
with ``subpart'' in those sentences where the word occurs. 
Additionally, we propose to correct a typographical error in the 
heading of Sec. 77.5.
    We are also proposing to amend the regulations in part 77 to update 
the incorporation by reference of the Uniform Methods and Rules--Bovine 
Tuberculosis Eradication. This action is necessary because the 
regulations refer to the 1985 edition of the Uniform Methods and 
Rules--Bovine Tuberculosis Eradication. This edition has been 
superseded by the edition (for cattle and bison only) adopted by the 
United States Animal Health Association (USAHA) in October, 1988, and 
approved by APHIS' Veterinary Services on February 3, 1989. APHIS has 
also approved an addendum to this edition that includes the provisions 
for interstate movement of cervids that we are proposing in this 
document. The addendum was adopted by the USAHA on October 29, 1993, 
and approved by APHIS' Veterinary Services on May 15, 1994. Copies of 
the new edition of the Uniform Methods and Rules--Bovine Tuberculosis 
Eradication and the addendum can be obtained by writing to the person 
listed under FOR FURTHER INFORMATION CONTACT.

International Movement

    Finally, we propose to revise the regulations in 9 CFR part 91, 
which concern exportation of animals and animal products, by adding a 
new Sec. 91.7, Captive cervids, to regulate the exportation of captive 
cervids. The new section would require that, to be eligible for export, 
a captive cervid be accompanied by an origin health certificate (as 
already defined in Sec. 91.1) stating that the captive cervid has 
tested negative to an official single cervical tuberculin test for 
tuberculosis, as described in part 77, subpart B, of this chapter, 
within 90 days prior to export. The origin health certificate would 
have to specify the date the test was conducted and the test results. 
We would also add ``captive cervids'' to the list of animals included 
in the definition of Animals in part 91. This would make the general 
export requirements in part 91 (which now apply to horses, cattle, 
bison, sheep, swine, and goats) also apply to captive cervids.
    These requirements would help ensure that captive cervids exported 
from the United States are not infected with tuberculosis.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
This rule has been determined to be not significant for purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    Breeding and production of captive deer, elk, and other Cervidae 
(cervids) has taken place in the United States since at least the 
1930's. The first owners were ranchers who kept these animals as 
novelties. While cervids continue to be raised for their aesthetic 
value, most herds also earn income for their owners in the venison and 
antler markets. U.S. production of cervids has increased over the 
decades and is expected to continue to grow. In a 1990 survey of 
existing herd owners, over 70 percent of the respondents planned to 
expand their operations; only 3 percent intended to decrease or 
discontinue production.2 The industry's combined sales probably 
exceed $10 million. Most cervid holdings are either small businesses or 
are parts of larger agricultural enterprises.

    \2\ Mjelde, James. ``Exotic Ungulate Production: Summary of 
Survey Results.'' Department of Agricultural Economic
FR Doc. 96-8303 Tuberculosis in Cervids
s, Texas A&M 
University.
---------------------------------------------------------------------------

    There are more than 1,600 captive cervid (elk and deer) producers 
in the United States today, raising about 250,000 head of captive 
cervids. Holdings vary in size and degree of commercialization, with 
most producers relying on other sources of income, particularly dairy 
farming or cattle ranching, for their livelihoods. Elk and deer farming 
yield a higher return on investment than do most other types of 
livestock enterprises, but also require larger initial investment and 
operating costs.
    Industry-wide, elk producers are building up their herds, with 
almost all newborns sold as breeding stock. A heifer elk is worth about 
$3,500. Annual income is also earned from the sale of antlers cut in 
the velvet stage of growth. The antlers sell for about $70 per pound. A 
bull elk can produce up to 18 pounds each year, for more than 10 years. 
Thus, a gross income of $1200-1300 can be earned per year from one bull 
elk.
    The value per animal for deer is lower than for elk. Currently, 
good quality fallow does are sold for about $400 per head, and 
slaughter bucks can be sold for $150-200 each. Fallow does will produce 
one offspring per year, valued at about $200 per head.
    This proposed rule, if adopted, would include captive cervids in 
the National

[[Page 14992]]
Cooperative State/Federal Bovine Tuberculosis (TB) Eradication Program. 
APHIS considered the alternative of not adding provisions concerning 
captive cervids to this program. Under this alternative, the interstate 
movement of captive cervids would remain unregulated, increasing the 
risk for further spread of TB from captive cervids to cattle, bison, 
and other livestock, as well as to wildlife. Therefore, this 
alternative was rejected.
    Under this proposal, producers of captive cervids would bear 
certain costs of testing the animals. Routine testing with the SCT test 
would be paid for by the owner of the herd, and would cost about $25-30 
per cervid, based on a herd of about 200 cervids over 6 months of age. 
Approximately two-fifths of this cost would be for additional labor 
needed to assist in the testing (rounding up the herd, holding animals 
for injection, etc.), and three-fifths of the cost would be for a 
veterinarian's professional services. Owners would not be responsible 
for the cost of the CCT test, retesting affected herds with the SCT 
test, or any other testing with the SCT test other than routine 
testing. Cervid owners would also bear costs of the BTB test 
(approximately $100 per cervid) if they desire to use this test. 
However, the test would only be an option under this proposed rule, and 
would not be required.
    Individual owners would benefit from the regulations by having a 
way to ensure only TB-free cervids are added to their herds, and in the 
long run, by a decrease in the incidence of TB. Also, current TB 
testing and transport restrictions for cervids vary by State. National 
disease control standards, effective as a result of this rule, would 
facilitate interstate trade.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
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 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 92-076-1. 
Please send a copy of your comments to: (1) Docket No. 92-076-1, 
Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OIRM, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    This rule would require that, to be eligible for export, captive 
cervids must be accompanied by a certificate stating that they have 
tested negative for tuberculosis within 90 days of export. This rule 
would also introduce various information collection requirements to 
enable us to accurately monitor the interstate movement of captive 
cervids, and to ensure that captive cervids being moved interstate are 
properly tested and identified. We are soliciting comments from the 
public (as well as affected agencies) concerning our proposed 
information collection and recordkeeping requirements. We need this 
outside input to help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected;
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 2.34 hours per response.
    Respondents: Importers and veterinarians.
    Estimated number of respondents: 238.
    Estimated number of responses per respondent: 5.8.
    Estimated total annual burden on respondents: 557 hours.
    Copies of this information collection can be obtained from: 
Clearance Officer, OIRM, USDA, room 404-W, 14th Street and Independence 
Avenue SW., Washington, DC 20250.

List of Subjects

9 CFR Part 77

    Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

9 CFR Part 91

    Animal diseases, Animal welfare, Exports, Livestock, Reporting and 
recordkeeping requirements, Transportation.
    Accordingly, 9 CFR parts 77 and 91 would be amended as follows:

PART 77--TUBERCULOSIS

    1. The authority citation for part 77 would continue to read as 
follows:

    Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b, 
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

    2. In part 77, a subpart heading, ``Subpart A--Cattle and Bison'', 
would be added before Sec. 77.1.
    3. Section 77.1 would be amended as follows:
    a. The introductory sentence would be amended by removing the word 
``part'' and adding the word ``subpart'' in its place.
    b. The definition of Permit would be amended by removing the word 
``animals'' the first time it appears and adding the words ``cattle or 
bison'' in its place, and by removing the word ``part'' each time it 
appears and adding the word ``subpart'' in its place.
    c. The definition of Transportation document would be amended by 
adding the phrase ``of cattle or bison'' immediately after ``interstate 
movement''.
    d. The definition for Uniform Methods and Rules--Bovine 
Tuberculosis Eradication would be revised to read as follows:

Sec. 77.1  Definitions.

* * * * *
    Uniform Methods and Rules--Bovine Tuberculosis Eradication. Uniform

[[Page 14993]]
methods and rules for eradicating bovine tuberculosis in the United 
States, adopted by the United States Animal Health Association (USAHA) 
in October, 1988, and approved by APHIS on February 3, 1989, and also 
including an addendum adopted by the USAHA on October 29, 1993, and 
approved by APHIS on May 15, 1994. The Uniform Methods and Rules--
Bovine Tuberculosis Eradication were approved for incorporation by 
reference into the Code of Federal Regulations by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.1

    \1\ Copies may be obtained from the Animal and Plant Health 
Inspection Service, Veterinary Services, Cattle Diseases and 
Surveillance, 4700 River Road Unit 36, Riverdale, Maryland 20737-
1231.
---------------------------------------------------------------------------

* * * * *

Sec. 77.6  [Amended]

    4. In Sec. 77.6, in the first sentence, the word ``part'' would be 
removed and the word ``subpart'' would be added in its place.
    5. A new Sec. 77.7 would be added to read as follows:

Sec. 77.7  Cleaning and disinfection of premises, conveyances, and 
materials.

    All conveyances and associated equipment, premises, and structures 
that are used for receiving, holding, shipping, loading, unloading, and 
delivering cattle or bison in connection with their interstate movement 
and that are determined by cooperating State and Federal animal health 
officials to be contaminated because of occupation or use by 
tuberculous cattle and bison must be cleaned and disinfected under the 
supervision of the cooperating State or Federal animal health 
officials. Such cleaning and disinfecting must be done in accordance 
with the procedures approved by the cooperating State or Federal animal 
health officials. Cleaning and disinfection must be completed before 
the premises, conveyances, or materials may again be used to convey, 
hold, or in any way come in contact with any livestock.
    6. In part 77, a new subpart B would be added following Sec. 77.7 
to read as follows:

Subpart B--Captive Cervids

Sec.
77.8  Definitions.
77.9  General restrictions.
77.10  Testing procedures for tuberculosis in cervids.
77.11  Official tuberculosis tests.
77.12  Interstate movement from accredited herds.
77.13  Interstate movement from qualified herds.
77.14  Interstate movement from monitored herds.
77.15  Interstate movement from unclassified herds.
77.16  Other interstate movements.
77.17  Procedures for and interstate movement to necropsy and 
slaughter.
77.18  Cleaning and disinfection of premises, conveyances, and 
materials.

Subpart B--Captive Cervids

Sec. 77.8  Definitions.

    Accredited herd. A herd of captive cervids that has tested negative 
to at least three consecutive official tuberculosis tests of all 
eligible cervids in accordance with Sec. 77.10(f), and that meets the 
standards set forth in Sec. 77.12 of this subpart. The tests must be 
conducted at 10-14 month intervals.
    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with part 161 of this chapter to perform 
the functions specified in parts 1, 2, 3, and 11 of subchapter A, and 
subchapters B, C, and D of this chapter, and to perform functions 
required by cooperative State-Federal disease control and eradication 
programs.
    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Affected herd. A herd of captive cervids that contains, or that has 
been positively identified as the source of, one or more cervids 
infected with Mycobacterium bovis (determined by bacterial isolation of 
M. bovis) and that has not tested negative to the required tests 
prescribed in Sec. 77.16(d) of this subpart.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Approved slaughtering establishment. A slaughtering establishment 
operating under the provisions of the Federal Meat Inspection Act (21 
U.S.C. 601 et seq.) or a slaughtering establishment that has inspection 
by a State inspector at the time of slaughter.
    Blood tuberculosis (BTB) test. A supplemental test for tuberculosis 
in cervids.
    Captive cervid. All species of deer, elk, and moose raised or 
maintained in captivity for the production of meat and other 
agricultural products, for sport, or for exhibition. A captive cervid 
that escapes will continue to be considered a captive cervid as long as 
it bears an official eartag with which to trace the animal back to a 
herd of origin.
    Classified herd. An accredited, qualified, or monitored herd.
    Comparative cervical tuberculin (CCT) test. The intradermal 
injection of biologically balanced USDA bovine PPD tuberculin and avian 
PPD tuberculin at separate sites in the mid-cervical area to determine 
the probable presence of bovine tuberculosis (M. bovis) by comparing 
the response of the two tuberculins 72 hours (plus or minus 6 hours) 
following injection.
    Cooperating State and Federal animal health officials. The State 
and Federal animal health officials responsible for overseeing and 
implementing the National Cooperative State/Federal Bovine Tuberculosis 
Eradication Program.
    Depopulate. To destroy all cervids in a herd by slaughter or by 
death otherwise.
    Designated accredited veterinarian. An accredited veterinarian who 
is trained and approved by cooperating State and Federal animal health 
officials to conduct the single cervical tuberculin (SCT) test on 
cervids.
    Exposed cervid. Any cervid that has been exposed to tuberculosis by 
reason of associating with tuberculous cervids, cattle, or bison.
    Herd. A group of captive cervids or a group of captive cervids and 
other hoof stock maintained on common ground, or two or more groups of 
captive cervids or cervids and other hoof stock under common ownership 
or supervision that are geographically separated but that have movement 
of animals between groups without regard to health status. (A group 
means one or more animals.)
    Monitored herd. A herd on which identification records are 
maintained on captive cervids inspected for tuberculosis at an approved 
slaughtering establishment or an approved diagnostic laboratory, and 
which meets the standards set forth in Sec. 77.14.
    Moved directly. Moved without unloading en route if moved in a 
means of conveyance, or without stopping if moved in any other manner, 
and without stopover or diversion to assembly points of any type.
    Negative. Showing no response to an official tuberculosis test or 
classified negative for tuberculosis by the testing veterinarian based 
upon history, supplemental tests, examination of the carcass, or 
laboratory results.
    No gross lesions (NGL). Having no visible lesion or lesions of 
bovine tuberculosis detected upon necropsy or slaughter.
    Official eartag. An eartag that provides unique identification for 
each individual cervid by conforming to the alpha-numeric National 
Uniform Eartagging System.

[[Page 14994]]

    Official tuberculosis test. Any of the following tests for bovine 
tuberculosis in cervids, applied and reported in accordance with this 
subpart:
    (1) The single cervical tuberculin (SCT) test;
    (2) The comparative cervical tuberculin (CCT) test; and
    (3) The blood tuberculosis (BTB) test.
    Permit. An official document issued by a representative of APHIS, a 
State representative, or an accredited veterinarian that must accompany 
any reactor, suspect, or exposed cervid moved interstate to slaughter 
or necropsy.
    Qualified herd. A herd of captive cervids that has tested negative 
to at least one official tuberculosis test of all eligible cervids 
(described in Sec. 77.10(f)) within the past 12 months, and that is not 
classified as an accredited herd.
    Quarantine. A prohibition from any interstate movement, except for 
interstate movement to slaughter or necropsy in accordance with 
Sec. 77.17.
    Reactor. Any cervid that shows a response to an official 
tuberculosis test and is classified a reactor by the testing 
veterinarian; or any suspect cervid that is classified a reactor upon 
slaughter or necropsy by the USDA or State veterinarian performing or 
supervising the necropsy.
    Regular-kill slaughter animal. An animal that is slaughtered for 
food or any reason other than because of a disease regulated under 9 
CFR chapter I (such as tuberculosis, brucellosis, or any other 
livestock disease for which movement of animals is restricted under 9 
CFR chapter I).
    Single cervical tuberculin (SCT) test. The intradermal injection of 
0.1 mL (5,000 tuberculin units) of USDA PPD bovis tuberculin in the 
mid-cervical area with reading by visual observation and palpation in 
72 hours (plus or minus 6 hours) following injection.
    Suspect. Any cervid that is not negative to any official 
tuberculosis test and that is not classified as a reactor by the 
testing veterinarian.
    Tuberculin. A product that is approved by and produced under USDA 
license for injection into cervids and other animals for the purpose of 
detecting bovine tuberculosis.
    Tuberculosis. The contagious, infectious, and communicable disease 
caused by Mycobacterium bovis. (Also referred to as bovine 
tuberculosis.)
    Tuberculous. Infected with, exposed to, or having lesions 
indicative of tuberculosis, or identified as a suspect or reactor based 
on an official tuberculosis test.
    USDA. The United States Department of Agriculture.
    Whole herd test. An official tuberculosis test of all test eligible 
animals in the herd.

Sec. 77.9  General restrictions.

    (a) No captive cervid may be moved interstate unless it has been 
tested using an official tuberculosis test, and it is moved in 
compliance with this subpart.
    (b) No captive cervid with a response to any official tuberculosis 
test is eligible for interstate movement unless the cervid subsequently 
tests negative to a supplemental official tuberculosis test or is moved 
interstate directly to slaughter or necropsy in accordance with 
Sec. 77.17.
    (c) Except for captive cervids moving interstate under permit 
directly to slaughter or necropsy, each cervid or shipment of cervids 
to be moved interstate must be accompanied by a certificate issued 
before the movement by a State or Federal animal health official or an 
accredited veterinarian. The certificate must state the official eartag 
number of each captive cervid to be moved, the number of cervids 
covered by the certificate, the purpose of movement, the origin and 
destination of the cervids, the consignor, and the consignee.
    (d) Cervids in zoological parks that have been accredited by the 
American Association of Zoological Parks and Aquariums (AAZPA) are 
exempt from the regulations in this subpart when the cervids are moved 
directly interstate between AAZPA member facilities. Any cervids moved 
interstate that are not moved directly from an AAZPA member facility to 
another AAZPA member facility must be moved in accordance with the 
regulations in this subpart.

Sec. 77.10  Testing procedures for tuberculosis in cervids.

    (a) Approved testers. Except as explained in paragraphs (a)(1) and 
(a)(2) of this section, official tuberculosis tests may only be given 
by a veterinarian employed full-time by the State in which the test is 
administered or by a veterinarian employed full-time by USDA.
    (1) A designated accredited veterinarian may conduct the SCT test, 
except as provided in Sec. 77.11(a)(2) and Sec. 77.16(e) and (f).
    (2) Any accredited veterinarian may conduct the BTB test.
    (b) Approved diagnostic laboratories. (1) With one exception, 
histopathology and culture results for all tuberculosis diagnoses will 
be accepted only from the National Veterinary Services Laboratories 
(NVSL) in Ames, Iowa. The exception is that results will be accepted 
from a laboratory of the Food Safety and Inspection Service, USDA, for 
tissue examination of regular-kill slaughter animals in those cases 
where no submission is made to NVSL.
    (2) BTB test samples must be sent for diagnosis to the Texas 
Veterinary Medical Center laboratory at Texas A&M University in College 
Station, Texas.
    (c) Identification. Any captive cervid tested with an official 
tuberculosis test must be individually identified by an official eartag 
at the time of the official tuberculosis test.
    (d) Reporting of tests. The testing veterinarian must submit a 
report to cooperating State and Federal animal health officials of the 
State in which the captive cervid is tested. The report must include 
the following information for all official tuberculosis tests 
administered: the individual eartag number; the age, sex, and breed of 
each captive cervid tested; a record of all responses; the size of each 
response (if appropriate for that test); and the test interpretation.
    (e) Test interpretation. (1) Interpretation of an SCT test will be 
based upon the judgment of the testing veterinarian after observation 
and palpation of the injection site, in accordance with the 
classification requirements described in Sec. 77.11(a).
    (2) Interpretation of a CCT test will be in accordance with the 
classification requirements described in Sec. 77.11(b).
    (3) Interpretation of a BTB test will be in accordance with the 
patented standards for the BTB test 1 and the classification 
requirements described in Sec. 77.11(c).

    \1\  The patented standards for the BTB test may be obtained 
from the Deer Research Laboratory, Department of Microbiology, 
University of Otago, P.O. Box 56, Dunedin, New Zealand, or from the 
Texas Veterinary Medical Center, College of Veterinary Medicine, 
Texas A&M University, College Station, Texas.
---------------------------------------------------------------------------

    (f) Captive cervids eligible for testing. Testing of herds for 
classification must include all captive cervids 1 year of age or over 
and any captive cervids other than natural additions (cervids born into 
the herd) under 1 year of age. All natural additions under 1 year of 
age must be individually identified by an official eartag and recorded 
in the test report as members of the herd at the time of the herd test, 
even though they are not tested.

Sec. 77.11  Official tuberculosis tests.

    (a) Single cervical tuberculin (SCT) test. (1) The SCT test is the 
primary test to be used in individual captive cervids and in herds of 
unknown tuberculous status. Each cervid that responds to the SCT test 
must be classified as a suspect until it is retested with either the 
CCT test or the BTB test and is either found

[[Page 14995]]
negative for tuberculosis or is classified as a reactor, unless the 
testing veterinarian judges that the cervid should be classified as a 
reactor based on its response to the SCT test. A designated accredited 
veterinarian may only classify a cervid as a reactor with the 
concurrence of the State and/or regional tuberculosis epidemiologist 
for the State in which the animal is being tested.
    (2) The SCT test is the primary test to be used in affected herds 
and in herds that have received cervids from an affected herd. When 
used with affected herds or in herds that have received cervids from an 
affected herd, the SCT test may only be administered by a veterinarian 
employed full-time by the State in which the test is administered or 
employed full-time by USDA. In affected herds or herds that have 
received cervids from an affected herd, each cervid that responds to 
the SCT test must be classified as a reactor.
    (b) Comparative cervical tuberculin (CCT) test. (1) The CCT test is 
a supplemental test that may only be used for retesting captive cervids 
classified as suspects. The CCT test may be used in affected herds only 
after the herd has tested negative to two whole herd SCT tests, and 
only with the prior written consent of cooperating State or Federal 
animal health officials. The CCT test may not be used as a primary test 
for herds of unknown tuberculous status.
    (2) A captive cervid tested with the CCT test must be classified as 
negative if:
    (i) It has a response to the bovine PPD tuberculin that is less 
than 1 mm; or
    (ii) It has a response to the avian PPD tuberculin that is greater 
than the response to the bovine PPD tuberculin.
    (3) A captive cervid tested with the CCT test must be classified as 
a suspect if it has a response to the bovine PPD tuberculin that is 2 
mm or greater and that is equal to the response to the avian PPD 
tuberculin, unless the testing veterinarian judges that the cervid 
should be classified as a reactor.
    (4) A captive cervid tested with the CCT test must be classified as 
a reactor if:
    (i) It has a response to the bovine PPD tuberculin that is 2 mm or 
greater and that is at least 0.5 mm greater than the response to the 
avian PPD tuberculin; or
    (ii) It has been classified as a suspect on two successive CCT 
tests.
    (iii) Any exceptions to reactor classification under the conditions 
in paragraph (b)(4)(i) and (ii) of this section must be justified by 
the testing veterinarian in writing and have the concurrence of 
cooperating State or Federal animal health officials.
    (c) Blood tuberculosis (BTB) test. (1) The BTB test is a 
supplemental test that may be used in place of the CCT test for 
retesting captive cervids classified as suspects.
    (2) Any captive cervid classified by the testing laboratory as 
``equivocal'' must be classified as a suspect.
    (3) Any captive cervid classified by the testing laboratory as ``M. 
bovis positive'' must be classified as a reactor.
    (4) Any captive cervid classified by the testing laboratory as 
``avian'' or ``negative'' will be considered negative for TB.
    (5) Copies of the BTB test results must be submitted by the testing 
laboratory to the person, firm, or corporation responsible for the 
management of the herd, cooperating State and Federal animal health 
officials, and the testing veterinarian.
    (6) The owner of the captive cervid tested is responsible for the 
cost of the BTB test.

Sec. 77.12  Interstate movement from accredited herds.

    (a) Qualifications. To be recognized as an accredited herd:
    (1) All captive cervids in the herd eligible for testing in 
accordance with Sec. 77.10(f) must have tested negative to at least 
three consecutive official tuberculosis tests, conducted at 10-14 month 
intervals.
    (2) The owner of the herd must have a document issued by 
cooperating State and Federal animal health officials stating that the 
herd has met the requirements in paragraph (a)(1) of this section and 
is classified as an accredited herd.
    (b) Movement allowed. A captive cervid from an accredited herd may 
be moved interstate without further tuberculosis testing if it is 
accompanied by a certificate, as provided in Sec. 77.9, that includes a 
statement that the cervid is from an accredited herd. If a group of 
captive cervids from an accredited herd is being moved interstate 
together to the same destination, all cervids in the group may be moved 
under one certificate.
    (c) Herd additions allowed. No captive cervid may be added to an 
accredited herd except in accordance with paragraphs (c)(4) and (c)(5), 
and either paragraph (c)(1), (c)(2), or (c)(3) of this section, as 
follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the accredited herd; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the cervid must be isolated from all other 
members of the herd of origin and must test negative to two official 
tuberculosis tests. The isolation must begin at the time of the first 
official tuberculosis test. The tests must be conducted at least 90 
days apart, and the second test must be conducted within 90 days prior 
to movement to the premises of the accredited herd.
    (4) If the captive cervid to be added is not being moved directly 
from an accredited or qualified herd, the cervid must be isolated from 
all members of the accredited herd until it tests negative to an 
official tuberculosis test conducted at least 90 days following the 
date of arrival at the premises of the accredited herd. Such herd 
additions will not receive status as members of the accredited herd for 
purposes of interstate movement until they have tested negative to an 
official tuberculosis test and been released from isolation.
    (5) A captive cervid to be added must not have been exposed during 
the 90 days prior to its movement to a cervid with a lower 
classification status than its own.
    (d) Maintenance of accredited herd status. To maintain status as an 
accredited herd, the herd must test negative to an official 
tuberculosis test within 22-26 months from the anniversary date of the 
third consecutive test with no evidence of tuberculosis disclosed (that 
is, the test on which the herd was recognized as accredited, or the 
accrediting test). Each time the herd is tested for reaccreditation, it 
must be tested 22-26 months from the anniversary date of the 
accrediting test, not from the last date of reaccreditation (for 
example, if a herd is accredited on January 1 of a given year, the 
anniversary date will be January 1 of every second year). Accredited 
herd status is valid for 24 months (730 days) from the anniversary date 
of the accrediting test. If the herd is tested between 24 and 26 months 
after the anniversary date, its accredited herd status will be 
suspended for the interim between the anniversary date and the 
reaccreditation test. During the suspension period, the herd will be 
considered ``unclassified'' and cervids may be moved interstate from 
the herd only in accordance with Sec. 77.15.

[[Page 14996]]

Sec. 77.13  Interstate movement from qualified herds.

    (a) Qualifications. To be recognized as a qualified herd:
    (1) All captive cervids in the herd eligible for testing in 
accordance with Sec. 77.10(f) must have tested negative to one official 
tuberculosis test.
    (2) The owner of the herd must have a document issued by 
cooperating State and Federal animal health officials stating that the 
herd has met the requirement in paragraph (a)(1) of this section and is 
classified as a qualified herd.
    (b) Movement allowed. A captive cervid from a qualified herd may be 
moved interstate only if:
    (1) The captive cervid is not known to be infected with or exposed 
to tuberculosis; and
    (2) The captive cervid is accompanied by a certificate, as provided 
in Sec. 77.9(c), that includes a statement that the cervid is from a 
qualified herd. The certificate must also state that the cervid has 
tested negative to an official tuberculosis test conducted within 90 
days prior to the date of movement. If a group of cervids from a 
qualified herd is being moved interstate together to the same 
destination, all cervids in the group may be moved under one 
certificate.
    (c) Herd additions allowed. No captive cervid may be added to a 
qualified herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the qualified herd; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the cervid must be isolated from all other 
animals and must test negative to two official tuberculosis tests. The 
isolation must begin at the time of the first official tuberculosis 
test. The tests must be conducted at least 90 days apart, and the 
second test must be conducted within 90 days prior to movement to the 
premises of the qualified herd. The cervid must then be kept in 
isolation from all animals until it tests negative to an official 
tuberculosis test conducted at least 90 days following the date it 
arrives at the premises of the qualified herd. Such herd additions will 
not receive status as members of the qualified herd for purposes of 
interstate movement until they have tested negative to an official 
tuberculosis test and been released from isolation.
    (4) During the 90 days prior to its movement, a captive cervid to 
be added may not have been exposed to a cervid with a lower 
classification status than its own.
    (d) Maintenance of qualified herd status. To maintain status as a 
qualified herd, the herd must test negative to an official tuberculosis 
test within 10-14 months from the anniversary date of the first test 
with no evidence of tuberculosis disclosed (this is the qualifying 
test). Each time the herd is retested for qualified status, it must be 
tested 10-14 months from the anniversary date of the qualifying test, 
not from the last date of requalification (for example, if a herd is 
qualified on January 1 of a given year, the anniversary date will be 
January 1 of each consecutive year). Qualified herd status remains in 
effect for 12 months (365 days) following the anniversary date of the 
qualifying test. Qualified herd status will be suspended between the 
anniversary date and the requalifying test, if the herd is not tested 
within 12 months. During the suspension period, the herd will be 
considered ``unclassified'' and cervids may be moved interstate from 
the herd only in accordance with Sec. 77.15.

Sec. 77.14  Interstate movement from monitored herds.

    (a) Qualifications. To be recognized as a monitored herd:
    (1) Identification records must be maintained by the person, firm, 
or corporation responsible for the management of the herd on all 
captive cervids in the herd that are slaughtered, inspected, and found 
negative for tuberculosis at an approved slaughtering establishment or 
necropsied at an approved diagnostic laboratory; and
    (2) A sufficient number of cervids in the herd must be slaughtered, 
as determined by the Administrator, to ensure that tuberculosis 
infection at a prevalence level of 2 percent or more will be detected 
with a confidence level of 95 percent. This requires a maximum number 
of 148 cervids slaughtered over a 3-year period, no matter the size of 
the herd.\2\

    \2\ Information and a chart concerning how many cervids would 
need to be slaughtered depending on the size of a herd to meet this 
requirement may be obtained from the Cattle Diseases and 
Surveillance staff, Veterinary Services, APHIS, Suite 3B03, 4700 
River Road Unit 36, Riverdale, MD 20737-1231.
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    (b) Movement allowed. A captive cervid from a monitored herd may be 
moved interstate only if:
    (1) The captive cervid is not known to be infected with or exposed 
to tuberculosis; and
    (2) The captive cervid is accompanied by a certificate, as provided 
in Sec. 77.9(c), that includes a statement that the cervid is from a 
monitored herd. The certificate must also state that the cervid has 
tested negative to an official tuberculosis test conducted within 90 
days prior to the date of movement. If a group of cervids from a 
monitored herd is being moved interstate together to the same 
destination, all cervids in the group may be moved under one 
certificate.
    (c) Herd additions allowed. No captive cervid may be added to a 
monitored herd except in accordance with paragraph (c)(4) and either 
paragraph (c)(1), (c)(2), or (c)(3) of this section, as follows:
    (1) The captive cervid to be added must be moved directly from an 
accredited herd;
    (2) The captive cervid to be added must be moved directly from a 
qualified or monitored herd and must have tested negative to an 
official tuberculosis test conducted within 90 days prior to movement 
to the premises of the monitored herd; or
    (3) If the captive cervid to be added is not being moved directly 
from a classified herd, the cervid must be isolated from all other 
animals and must test negative to two official tuberculosis tests. The 
isolation must begin at the time of the first official tuberculosis 
test. The tests must be conducted at least 90 days apart, and the 
second test must be conducted within 90 days prior to movement to the 
premises of the monitored herd. The cervid must then be kept in 
isolation from all animals until it tests negative to an official 
tuberculosis test conducted at least 90 days following the date it 
arrives at the premises of the monitored herd. Such herd additions will 
not receive status as members of the monitored herd for purposes of 
interstate movement until they have tested negative to an official 
tuberculosis test and been released from isolation.
    (4) During the 90 days prior to its movement, a captive cervid to 
be added may not have been exposed to a cervid with a lower 
classification status than its own.
    (d) Maintenance of monitored herd status. The person, firm, or 
corporation responsible for the management of the herd must submit an 
annual report to cooperating State or Federal animal health officials 
prior to the anniversary date of classification to give the number of 
captive cervids currently in the herd and the number of captive cervids 
from the herd over 1 year of age identified,

[[Page 14997]]
slaughtered, and inspected at an approved slaughtering establishment or 
necropsied at an approved diagnostic laboratory during the preceding 
year. The number of slaughter inspections reported in any given year 
must be at least 25 percent of the total number of slaughter 
inspections required over a 3-year period to qualify a herd for 
monitored herd status. During each consecutive 3-year period, 100 
percent of the qualifying total must be reported.

Sec. 77.15  Interstate movement from unclassified herds.

    A captive cervid that is not known to be infected with or exposed 
to tuberculosis and that is from a herd not classified as accredited, 
qualified, or monitored, may be moved interstate if the cervid is 
accompanied by a certificate that states that:
    (a) The cervid has tested negative to two official tuberculosis 
tests conducted no less than 90 days apart;
    (b) The second tuberculosis test was conducted within 90 days prior 
to the date of movement; and
    (c) The cervid was isolated from all other animals during the 
testing period (the period beginning at the time of the first test and 
ending at the time of interstate movement).

Sec. 77.16  Other interstate movements.

    (a) Herds containing a suspect.--(1) The suspect. (i) A captive 
cervid classified as a suspect on the SCT test must be quarantined 
until it is retested by the CCT test or the BTB test and found negative 
for tuberculosis. Retesting must be as follows:
    (A) The CCT test must be administered within 10 days following the 
SCT test or at least 90 days after the SCT test. If the CCT test is 
administered within 10 days of the SCT test, the injection must be on 
the side of the neck opposite the injection for the SCT test.
    (B) The sample for the BTB test may not be taken until at least 12 
days after the injection for the SCT test. It is recommended that the 
sample be taken within 30 days following the SCT test.
    (ii) A captive cervid classified as a suspect on the CCT test or 
the BTB test must be quarantined until the following has occurred:
    (A) A suspect on the CCT test is retested with the CCT test at 
least 90 days after the previous test and is found negative for 
tuberculosis; or
    (B) A suspect on the BTB test is retested with the BTB test 30-60 
days after the previous test and is found negative for tuberculosis.
    (2) The remainder of the herd. Any herd containing a suspect to an 
official tuberculosis test must be quarantined until the suspect is 
retested by the CCT test or the BTB test and found negative for 
tuberculosis, or the suspect is slaughtered and found negative for 
tuberculosis, or the suspect is necropsied and found negative for 
tuberculosis. If the suspect is found negative for tuberculosis upon 
testing, slaughter, or necropsy, the herd may be released from 
quarantine and will return to the herd classification status in effect 
before the herd was quarantined. If the suspect is classified as a 
reactor upon testing, slaughter, or necropsy, the herd may be released 
from quarantine only in accordance with Sec. 77.16(b) for herds 
containing a reactor.
    (b) Herds containing a reactor--(1) The reactor. Captive cervids 
classified as reactors must be quarantined.
    (2) The remainder of the herd. Any herd containing reactors must be 
quarantined until the reactors are slaughtered or necropsied in 
accordance with Sec. 77.17 and:
    (i) If upon slaughter or necropsy any reactors exhibit lesions 
compatible with or suggestive of tuberculosis, found by histopathology, 
without the isolation of M. bovis, the remainder of the herd will be 
subject to the provisions of Sec. 77.16(c).
    (ii) If M. bovis is isolated from any reactors, the remainder of 
the herd will be considered an affected herd, and will be subject to 
the provisions of Sec. 77.16(d).
    (iii) If upon slaughter or necropsy all reactors exhibit no gross 
lesions (NGL) of tuberculosis and no evidence of tuberculosis infection 
is found by histopathology and culture of M. bovis on selected 
specimens from NGL animals, the remainder of the herd may be released 
from quarantine, and cervids from the herd may be moved interstate in 
accordance with the herd classification status in effect before the 
herd was quarantined if one of the following conditions is met:
    (A) The remainder of the herd is given a whole herd test and is 
found negative for tuberculosis.
    (B) The remainder of the herd is given a whole herd test, and all 
reactors to the whole herd test exhibit no gross lesions (NGL) of 
tuberculosis upon slaughter or necropsy and no evidence of tuberculosis 
infection is found by histopathology and culture of M. bovis on 
selected specimens from NGL animals.
    (iv) If no evidence of tuberculosis is found in any reactor upon 
slaughter or necropsy, but it is not possible to conduct a whole herd 
test on the remainder of the herd, the herd will be evaluated, based on 
criteria such as the testing history of the herd and the State history 
of tuberculosis infection, by the State and/or regional tuberculosis 
epidemiologist to determine whether or not the herd may be released 
from quarantine.
    (c) Herds found to have only lesions of tuberculosis. A herd in 
which captive cervids with lesions compatible with or suggestive of 
tuberculosis are found by histopathology without the isolation of M. 
bovis may be released from quarantine and return to the herd 
classification status in effect before the herd was quarantined, with 
the concurrence of the regional tuberculosis epidemiologist, if the 
herd tests negative to tuberculosis on a whole herd test conducted 90 
days following the removal of the lesioned cervid, provided the herd 
has not been exposed to M. bovis during the 90 days. To maintain its 
herd classification status, the herd must test negative to two annual 
whole herd tests beginning 10-12 months after the herd is released from 
quarantine. If any cervids in the herd respond to one of the tests, the 
herd will be subject to the provisions of Sec. 77.16 (a) or (b). If the 
herd is not given the two annual whole herd tests, it will become an 
unclassified herd.
    (d) Affected herds. A herd determined to be an affected herd must 
be quarantined until the herd has tested negative to three whole herd 
tests in succession, with the first test given 90 days or more after 
the last test yielding a reactor and the last two tests given at 
intervals of not less than 180 days. If the herd tests negative to the 
three whole herd tests, it will be released from quarantine, but will 
be considered an unclassified herd, and cervids may only be moved 
interstate from the herd in accordance with Sec. 77.15. In addition, 
the herd must be given five consecutive annual whole herd tests after 
release from quarantine. (These five tests will count towards 
qualifying the herd for herd classification.) As an alternative to 
testing, the herd may be depopulated.
    (e) Herd that have received cervids from an affected herd. If a 
herd has received cervids from an affected herd, the cervids from the 
affected herd of origin will be considered exposed. The exposed cervids 
and the receiving herd must be quarantined. The exposed cervids must be 
slaughtered, necropsied, or tested with the SCT test by a veterinarian 
employed full-time by the State in which the test is administered or 
employed full-time by USDA. The BTB test may be used simultaneously 
with the SCT test as an additional diagnostic test.
    (1) If any exposed cervid tests positive to either the SCT test or 
the BTB test, it must be classified as a reactor, and will be 
considered as part of the affected

[[Page 14998]]
herd of origin for purposes of testing, quarantine, and the five annual 
whole herd tests required for affected herds in Sec. 77.16(d). The 
receiving herd will be subject to the provisions of Sec. 77.16(b).
    (i) If bovine tuberculosis is confirmed in any of the exposed 
cervids by bacterial isolation of M. bovis, the receiving herd will be 
classified as an affected herd and will be subject to the provisions 
for affected herds in Sec. 77.16(d).
    (ii) If any of the exposed cervids are found to exhibit lesions 
compatible with or suggestive of tuberculosis, found by histopathology, 
without the isolation of M. bovis, the receiving herd will be subject 
to the provisions of Sec. 77.16(c).
    (2) If all of the exposed cervids test negative for tuberculosis, 
the exposed cervids and the receiving herd may be released from 
quarantine, and will return to the herd classification in effect before 
the herd was quarantined. In addition, the receiving herd must be given 
a whole herd test with the SCT test 1 year after release from 
quarantine in order for cervids from the herd to continue to be moved 
interstate. Supplemental diagnostic tests may be used if any cervids in 
the herd show a response to the SCT test.
    (f) Source herds. A herd suspected of being the source of 
tuberculous animals based on a slaughter traceback investigation must 
be quarantined upon notification (by the person conducting the 
investigation) to the USDA Area Veterinarian-in-Charge for the State in 
which the herd resides, and a whole herd test must be scheduled. If the 
herd is suspected of being the source of slaughter animals having 
lesions of tuberculosis, the whole herd test must be done by a 
veterinarian employed full-time by the State in which the test is 
administered or employed full-time by USDA.
    (1) If the herd is positively identified as the source of animals 
having lesions of tuberculosis and M. bovis has been confirmed by 
bacterial isolation from the slaughter animal, the herd will be 
considered affected and will be subject to the provisions of 
Sec. 77.11(a)(2) and Sec. 77.16(d).
    (2) If the herd is positively identified as the source of cervids 
that exhibit lesions compatible with or suggestive of tuberculosis, 
found by histopathology, without the isolation of M. bovis, the herd 
will be subject to the provisions of Sec. 77.16(c).
    (3) If the herd is not positively identified as the source herd, 
the herd will be released from quarantine if the herd is given a whole 
herd test and is found negative for tuberculosis. The herd will then 
return to the herd classification status in effect before the herd was 
quarantined.
    (g) Newly assembled herds. A herd newly assembled on premises where 
a tuberculosis herd has been depopulated must be given two consecutive 
annual whole herd tests. The first test must be administered at least 6 
months after the assembly of the new herd. If the whole herd tests are 
not conducted within the indicated timeframe, the herd will be 
quarantined. If the herd tests negative to the two whole herd tests, 
there are no further requirements. If any cervid in the herd responds 
to one of the whole herd tests, the herd will be subject to the 
provisions of Sec. 77.16 (a) or (b). If the premises has been vacant 
for more than 1 year preceding the assembly of the new herd on the 
premises, these requirements may be waived in accordance with the 
judgment of cooperating State and Federal animal health officials.

Sec. 77.17  Procedures for and interstate movement to necropsy and 
slaughter.

    (a) Procedures for necropsy and slaughter. (1) A necropsy must be 
performed by or under the supervision of a veterinarian who is employed 
full-time by USDA or employed full-time by the State in which the 
cervid was classified, and who is trained in tuberculosis necropsy 
procedures.
    (2) If, upon necropsy, a cervid is found without evidence of M. 
bovis infection by histopathology or culture, the cervid will be 
considered negative for tuberculosis.
    (3) Reactors, suspects, and exposed cervids may only be slaughtered 
at an approved slaughtering establishment, as defined in Sec. 77.8.
    (b) Interstate movement to necropsy or slaughter.--(1) Permit. Any 
reactor, suspect, or exposed cervid to be moved interstate to necropsy 
or slaughter must be accompanied by a permit issued by a representative 
of APHIS, a State representative, or an accredited veterinarian. The 
cervid must remain on the premises where it was identified as a 
reactor, suspect, or exposed cervid until a permit for its movement is 
obtained. No stopover or diversion from the destination listed on the 
permit is allowed. If a change in destination becomes necessary, a new 
permit must be obtained from a cooperating State or Federal animal 
health official or an accredited veterinarian before the interstate 
movement begins. The permit must list:
    (i) The reactor eartag number, or, for suspects and exposed 
cervids, the official eartag number;
    (ii) The owner's name and address;
    (iii) The origin and destination of the cervids;
    (iv) The number of cervids covered by the permit; and
    (v) The purpose of the movement.
    (2) Identification of reactors. Reactors must be tagged with an 
official eartag attached to the left ear and bearing a serial number 
and the inscription ``U.S. Reactor,'' and either:
    (i) Branded with the letter ``T'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
    (ii) Permanently identified by the letters ``TB'' tattooed legibly 
in the left ear, sprayed on the left ear with yellow paint, and either 
accompanied directly to necropsy or slaughter by an APHIS or State 
representative or moved directly to necropsy or slaughter in a vehicle 
closed with official seals.
    Such official seals must be applied and removed by an APHIS 
representative, State representative, accredited veterinarian, or an 
individual authorized for this purpose by an APHIS representative.
    (3) Identification of exposed cervids. Exposed cervids must be 
identified by an official eartag and either:
    (i) Branded with the letter ``S'' high on the left hip near the 
tailhead and at least 5 by 5 centimeters (2 by 2 inches) in size; or
    (ii) Either accompanied directly to necropsy or slaughter by an 
APHIS or State representative, or moved directly to necropsy or 
slaughter in a vehicle closed with official seals. Such official seals 
must be applied and removed by an APHIS representative, State 
representative, accredited veterinarian, or an individual authorized 
for this purpose by an APHIS representative.

Sec. 77.18  Cleaning and disinfection of premises, conveyances, and 
materials.

    All conveyances and associated equipment, premises, and structures 
that are used for receiving, holding, shipping, loading, unloading, and 
delivering captive cervids in connection with their interstate movement 
and that are determined by cooperating State and Federal animal health 
officials to be contaminated because of occupation or use by 
tuberculosis cervids must be cleaned and disinfected under the 
supervision of the cooperating State or Federal animal health 
officials. Such cleaning and disinfecting must be done in accordance 
with the procedures approved by the cooperating State or Federal animal 
health officials. Cleaning and disinfection must be completed before 
the premises, conveyances, or materials may again be used to convey,

[[Page 14999]]
hold, or in any way come in contact with any livestock.

PART 91--INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

    7. The authority citation for part 91 would continue to read as 
follows:

    Authority: 21 U.S.C. 105, 112, 113, 114a, 120, 121, 134b, 134f, 
136, 136a, 612, 613, 614, and 618; 46 U.S.C. 466a, 466b; 49 U.S.C. 
1509(d); 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 91.1  [Amended]

    8. In Sec. 91.1, the definition of Animals would be amended by 
adding ``captive cervids,'' immediately after ``cattle (including 
American bison),''.
    9. Section 91.7 would be added to read as follows:

Sec. 91.7  Captive cervids.

    To be eligible for export, a captive cervid must be accompanied by 
an origin health certificate stating that the cervid has tested 
negative to an official single cervical tuberculin test for 
tuberculosis, as described in part 77, subpart B, of this chapter, 
within 90 days prior to export. The origin health certificate must 
specify the date the test was conducted and the test results.

    Done in Washington, DC, this 29th day of March 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-8303 Filed 4-3-96; 8:45 am]
BILLING CODE 3410-34-P

Complete official Federal Register PDF

FR Doc. 96-8302 Change in Disease Status of The Netherlands Because of Hog Cholera and Swine Vesicular Disease
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 14999-15000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8302]

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DEPARTMENT OF AGRICULTURE
9 CFR Part 94

[Docket No. 96-014-1]

Change in Disease Status of The Netherlands Because of Hog 
Cholera and Swine Vesicular Disease

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to declare The Netherlands free of hog 
cholera and swine vesicular disease. As part of this proposed action, 
we would add The Netherlands to the list of countries that, although 
declared free of hog cholera and swine vesicular disease, are subject 
to restrictions on pork and pork products offered for importation into 
the United States. Declaring The Netherlands free of hog cholera and 
swine vesicular disease appears to be appropriate because there have 
been no confirmed outbreaks of hog cholera and swine vesicular disease 
in The Netherlands since 1992 and 1994, respectively. This proposed 
rule would relieve certain restrictions on the importation of pork and 
pork products into the United States from The Netherlands. However, 
because The Netherlands shares common land borders with countries 
affected by swine vesicular disease, the importation into the United 
States of pork and pork products from The Netherlands would continue to 
be restricted.

DATES: Consideration will be given only to comments received on or 
before June 3, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-014-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 96-014-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. John Cougill, Staff Veterinarian, 
Products Program, National Center for Import and Export, VS, APHIS, 
4700 River Road Unit 40, Riverdale, MD 20737-1231, (301) 734-8688; or 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 94 (referred to below as the 
regulations) govern the importation into the United States of specified 
animals and animal products in order to prevent the introduction of 
various animal diseases, including rinderpest, foot-and-mouth disease, 
African swine fever, hog cholera, and swine vesicular disease (SVD). 
These are dangerous and destructive communicable diseases of ruminants 
and swine.
    Sections 94.9(a) and 94.10(a) of the regulations provide that hog 
cholera exists in all countries of the world except those listed in 
Secs. 94.9(a) and 94.10(a), which are declared to be free of hog 
cholera.
    Section 94.12(a) of the regulations provides that SVD is considered 
to exist in all countries of the world except those listed in 
Sec. 94.12(a), which are declared to be free of SVD.
    The last outbreaks of hog cholera and SVD in The Netherlands 
occurred in 1992 and 1994, respectively. This information has been 
confirmed by the Government of The Netherlands.
    The Netherlands has applied to the U.S. Department of Agriculture 
(USDA) to be recognized as free of hog cholera and SVD. The Animal and 
Plant Health Inspection Service (APHIS) has reviewed the documentation 
submitted by the Government of The Netherlands in support of its 
request. A team of APHIS officials recently conducted an on-site 
evaluation of the animal health program in The Netherlands in regard to 
the hog cholera and SVD situation in that country. The evaluation 
consisted of a review of the capability of The Netherlands veterinary 
services, laboratory and diagnostic procedures, disease reporting and 
surveillance procedures, vaccination practices, and the administration 
of laws and regulations to prevent the introduction into The 
Netherlands of hog cholera and SVD through the importation of animals, 
meat, and other animal products.
    Based on our review and on-site evaluation, we are proposing to add 
The Netherlands to the lists of countries in Secs. 94.9(a), 94.10(a), 
and 94.12(a) of the regulations that have been declared free of hog 
cholera and SVD. This action would relieve certain restrictions on the 
importation of pork and pork products into the United States from The 
Netherlands.
    At the same time, we are proposing to add The Netherlands to the 
list of countries in Sec. 94.13 that have been declared free of SVD, 
but from which the importation of pork and pork products is restricted.
    The countries listed in Sec. 94.13 are subject to these 
restrictions because at least one of the following conditions applies: 
(1) They supplement their national meat supply by importing fresh, 
chilled, or frozen pork from countries where SVD is considered to 
exist; (2) They have a common land border with countries where SVD is 
considered to exist; or (3) They have certain trade practices that are 
less restrictive than are acceptable to the United States.
    The Netherlands has common land borders with Belgium, which is 
designated in Sec. 94.12(a) as a country in which SVD is considered to 
exist, and it supplements its meat supply by importing fresh, chilled, 
or frozen pork from countries where SVD is considered to exist. As a 
result, even though we propose to designate The Netherlands free of hog 
cholera and SVD, the pork and pork products produced in The Netherlands 
may be commingled with fresh, chilled, or frozen meat of animals from a 
country in which SVD is

[[Page 15000]]
considered to exist, resulting in some risk of contamination.
    Therefore, we are proposing that pork and pork products, as well as 
any ship's stores, airplane meals, and baggage containing such pork, 
offered for importation into the United States from The Netherlands be 
subject to the restrictions specified in Sec. 94.13 of the regulations 
and to the applicable requirements contained in the regulations of the 
USDA's Food Safety and Inspection Service at 9 CFR chapter III. Section 
94.13 requires, in part, that pork and pork products be: (1) Prepared 
in an inspected establishment that is eligible to have its products 
imported into the United States under the Federal Meat Inspection Act; 
and (2) accompanied by a foreign meat inspection certificate as well as 
a certification issued by a full-time salaried veterinary official of 
the national government of the exporting country, stating that certain 
precautions have been satisfied so that the pork or pork product has 
not been commingled with or exposed to animals, pork, or pork products 
originating in, or transported through, a country in which SVD is 
considered to exist.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    This proposed rule would amend the regulations in part 94 by adding 
The Netherlands to the lists of countries that have been declared free 
of hog cholera and SVD. This action would relieve certain restrictions 
on the importation of pork and pork products into the United States 
from The Netherlands. However, the importation of pork and pork 
products into the United States from The Netherlands would continue to 
be restricted because The Netherlands shares a common land border with 
Belgium, where SVD is considered to exist. While there are inspection 
and certification procedures for ensuring that commingling of pork and 
pork products from the two countries does not take place, these 
procedures are not without cost. Therefore, recognition of The 
Netherlands as free of hog cholera and SVD is not expected to 
significantly affect pork exports to the United States. The total value 
of pork exported to the United States from The Netherlands in 1994 was 
$13.2 million (less than two percent of the value of all U.S. pork 
imports). There were no live swine exported from The Netherlands to the 
U.S. in 1994.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed 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 94

    Animal diseases, Imports, Livestock, Meat and meat products, Milk, 
Poultry and poultry products, Reporting and recordkeeping requirements.

    Accordingly, 9 CFR part 94 would be amended as follows:

PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL 
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE 
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: 
PROHIBITED AND RESTRICTED IMPORTATIONS

    1. The authority citation for part 94 would continue to read as 
follows:

    Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S. C. 
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 
371.2(d).

Sec. 94.9  [Amended]

    2. In Sec. 94.9, paragraph (a) would be amended by adding ``The 
Netherlands,'' immediately after ``Iceland,''.

Sec. 94.10  [Amended]

    3. In Sec. 94.10, paragraph (a) would be amended by adding ``The 
Netherlands,'' immediately after ``Iceland,''.

Sec. 94.12  [Amended]

    4. In Sec. 94.12, paragraph (a) would be amended by adding ``The 
Netherlands,'' immediately after ``Mexico,''.

Sec. 94.13  [Amended]

    5. In Sec. 94.13, the introductory text, the first sentence would 
be amended by adding ``The Netherlands,'' immediately after 
``Luxembourg''.

    Done in Washington, DC, this 1st day of April 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-8302 Filed 4-3-96; 8:45 am]
BILLING CODE 3410-34-P

Complete official Federal Register PDF

FR Doc. 96-8296 Airworthiness Directives; Fokker Model F28 Mark 1000, 2000, 3000, and 4000 Series Airplanes
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15002-15003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8296]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-152-AD]

Airworthiness Directives; Fokker Model F28 Mark 1000, 2000, 3000, 
and 4000 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Fokker Model F28 Mark 1000, 
2000, 3000, and 4000 series airplanes. This proposal would require 
modification of the passenger door lock warning system. This proposal 
is prompted by reports that the passenger door opened during flight due 
to an improperly locked door; additionally, the door warning signal was 
not sufficiently visible to alert the flight crew of this condition. 
The actions specified by the proposed AD are intended to ensure that 
the flight crew is aware of an unlocked passenger door prior to takeoff 
of the airplane. This condition, if not corrected, could result in 
inadvertent opening of the passenger door while the airplane is in 
flight.

DATES: Comments must be received by May 10, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-152-AD, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street, 
Alexandria, Virginia 22314. This information may be examined at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206) 
227-2141; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-152-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-152-AD, 1601 Lind Avenue SW., Renton, Washington 
98055-4056.

Discussion

    The Rijksluchtvaartdienst (RLD), which is the airworthiness 
authority for the Netherlands, recently notified the FAA that an unsafe 
condition may exist on all Fokker Model F28 Mark 1000, 2000, 3000, and 
4000 series airplanes. The RLD advises that it has received reports 
indicating that the passenger door of the airplane opened during flight 
on several occasions. Investigation revealed that the door had been 
improperly locked, and a door warning signal was not sufficiently 
visible to alert the flight crew that the door was unsecured. This 
condition, if not corrected, could result in inadvertent opening of the 
passenger door while the airplane is in flight.
    Fokker has issued Service Bulletins F28/52-112, dated February 1, 
1995, and F28/52-101, Revision 1, dated August 24, 1992, which describe 
procedures for modification of the passenger door lock warning system. 
The modification specified in Fokker Service Bulletin F28/52-112 (for 
airplanes on which the passenger door lock warning system is in a pre-
SBF28/

[[Page 15003]]
52-72 configuration) entails modifying the electrical wiring, replacing 
the switch operating cam in the pedestal, and modifying the warning 
annunciator panels on the central warning panels. The modification 
described in Fokker Service Bulletin F28/52-101 (for airplanes on which 
the passenger door lock warning system is in a post-SBF28/52-72 
configuration) involves installing an additional signal from the door 
lock circuit to the central warning system. Accomplishment of the 
modification described in these service bulletins will enhance the door 
lock warning system by ensuring that the master warning is activated 
when the airplane is about to take off with an unlocked passenger door.
    The RLD classified these service bulletins as mandatory and issued 
Dutch airworthiness directive BLA 1992-117/3 (A), dated Febuary 28, 
1995, in order to assure the continued airworthiness of these airplanes 
in the Netherlands.
    This airplane model is manufactured in the Netherlands and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the RLD has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
RLD, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, the 
proposed AD would require modification of the passenger door lock 
warning system. The actions would be required to be accomplished in 
accordance with the service bulletins described previously.
    The FAA estimates that 37 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 22 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts would cost 
approximately $865 per airplane. Based on these figures, the cost 
impact of the proposed AD on U.S. operators is estimated to be $80,845, 
or $2,185 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.
    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

    Fokker: Docket 95-NM-152-AD.

    Applicability: All Model F28 Mark 1000, 2000, 3000, and 4000 
series airplanes; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent inadvertent opening of the passenger door while the 
airplane is in flight, accomplish the following:
    (a) Modify the passenger door lock warning system at the time 
specified in paragraph (a)(1) or (a)(2) of this AD, as applicable.
    (1) For airplanes in post-Fokker Service Bulletin F28/52-72 
configuration: Accomplish the modification within 9 months after the 
effective date of this AD, in accordance with Fokker Service 
Bulletin F28/52-101, Revision 1, dated August 24, 1992.
    (2) For airplanes in pre-Fokker Service Bulletin F28/52-72 
configuration: Accomplish the modification within 1,500 landings 
after the effective date of this AD, in accordance with Fokker 
Service Bulletin F28/52-112, dated February 1, 1995.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on March 29, 1996.
Bill R. Boxwell,
Acting Manager Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-8296 Filed 4-3-96; 8:45 am]
BILLING CODE 4910-13-U

Complete official Federal Register PDF

FR Doc. 96-8294 Airworthiness Directives; Dornier Model 328-100 Series Airplanes
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15000-15002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8294]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-231-AD]

Airworthiness Directives; Dornier Model 328-100 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Dornier Model 328-100 
series airplanes. This proposal would require replacement of a bus 
power control unit (BPCU) and two generator control units (GCU) with 
new improved units. This proposal is prompted by results of the 
manufacturer's re-certification and laboratory testing of a BPCU, which 
revealed abnormal functions of the BPCU and the GCU. The actions 
specified by the proposed AD are intended to prevent such abnormal 
functions, which could result in electrical short circuits in the 
electrical power distribution systems and a subsequent fire.

DATES: Comments must be received by May 15, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-231-AD, 1601 Lind Avenue SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays.
    The service information referenced in the proposed rule may be 
obtained from Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling, 
Germany. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer,

[[Page 15001]]
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-1112; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-231-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-231-AD, 1601 Lind Avenue SW., Renton, Washington 
98055-4056.

Discussion

    The Luftfahrt-Bundesamt (LBA), which is the airworthiness authority 
for Germany, recently notified the FAA that an unsafe condition may 
exist on certain Dornier Model 328-100 series airplanes. The LBA 
advises that results of the manufacturer's re-certification and 
laboratory testing of an upgraded/modified bus powered control unit 
(BPCU) revealed certain abnormal functions. These abnormalities include 
extended duration of the transfer of the essential bus (ESS BUS), 
chattering of contacts, and various problems that occurred during a 
cold cross start. Subsequent observations also revealed abnormal 
functions of two generator control units (GCU); these abnormalities 
included unsatisfactory engine starting with reduced battery voltage, 
and improper separation of the DC generator. Such abnormal functioning, 
if not corrected, could cause electrical short circuits in the 
electrical power distribution systems, and a subsequent fire.
    Dornier has issued Service Bulletin SB-328-24-061, Revision 1, 
dated November 3, 1994, which describes procedures for replacement of 
GCU's 2PC and 12PC with new improved units having part number 118-000-
1. The service bulletin also describes procedures for replacement of 
BPCU 20PC with a new improved unit having part number 106-000-3. The 
LBA classified this service bulletin as mandatory and issued German 
airworthiness directive 94-349, dated November 14, 1994, in order to 
assure the continued airworthiness of these airplanes in Germany.
    This airplane model is manufactured in Germany and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the LBA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
LBA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, the 
proposed AD would require replacement of the GCU's 2PC and 12PC with 
new improved units having part number 118-000-1. The proposed AD would 
also require replacement of the BPCU 20PC with a new improved unit 
having part number 106-000-3. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously.
    The FAA estimates that 12 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. The manufacturer would provide 
required parts at no cost to the operators. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$720, or $60 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.
    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Dornier: Docket 95-NM-231-AD.

    Applicability: Model 328-100 series airplanes having serial 
numbers 3005 through 3024 inclusive; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been

[[Page 15002]]
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent abnormal functions of the bus power control units and 
the generator control units, which could result in electrical short 
circuits in the electrical power distribution systems and a 
subsequent fire; accomplish the following:
    (a) Within 3 months after the effective date of this AD, perform 
the requirements of paragraph (a)(1) and (a)(2) of this AD, in 
accordance with Dornier Service Bulletin SB-328-24-061, Revision 1, 
dated November 3, 1994.
    (1) Remove the generator control units 2PC and 12PC and replace 
them with new improved units having part number 118-000-1. And,
    (2) Remove bus power control unit 20PC and replace it with a new 
improved unit having part number 106-000-3.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on March 29, 1996.
Bill R. Boxwell,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-8294 Filed 4-3-96; 8:45 am]
BILLING CODE 4910-13-U

Complete official Federal Register PDF

FR Doc. 96-8247 Labeling of Drugs for Use in Milk-Producing Animals
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15003-15005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8247]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 510

[Docket No. 96N-0007]

Labeling of Drugs for Use in Milk-Producing Animals

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule.

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[[Page 15004]]

SUMMARY: The Food and Drug Administration (FDA) is proposing to revise 
two animal drug regulations to allow greater flexibility in the 
labeling of drugs for use in milk-producing animals. The 96-hour 
withdrawal time limitation would be removed from the regulations. The 
animal drug regulations would be further modified so that the 
withdrawal time is based only on hours after last treatment, not on a 
12-hour milking schedule. This proposal is aligned with the goals 
stated by the National Performance Review.

DATES: Written comments by June 18, 1996.

ADDRESSES: Written comments to the Dockets Managements Branch (HFA-
305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
Rockville, MD 20857. Comments should be identified with the docket 
number found in brackets in the heading of this document. Received 
comments may be seen at the Dockets Management Branch between 9 a.m. 
and 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Steven D. Vaughn, Center for 
Veterinary Medicine (HFV-130), Food and Drug Administration, 7500 
Standish Pl., Rockville, MD 20855, 301-594-1642.

SUPPLEMENTARY INFORMATION:

I. Background

    Under Sec. 510.105(c)(2) (21 CFR 510.105(c)(2)), information is 
provided regarding the labeling of drugs used in milk-producing 
animals. Specifically, the regulation states that: ``The label should 
bear the warning, `Milk that has been taken from animals during 
treatment and within -- hours (---- milkings) after the latest 
treatment must not be used for food,' the blanks to be filled in with 
the number of hours (not to exceed 96) * * *. '' Under Sec. 510.106, 
information is provided regarding the labeling of antibiotic and 
antibiotic-containing drugs intended for use in milk-producing animals. 
The regulation states that:
     * * * the label of such drugs shall bear * * * the statement 
``Warning: Milk that has been taken from animals during treatment 
and for -- hours (---- milkings) after the latest treatment must not 
be used for food'', the first blank being filled in with the figure, 
which shall not be greater than 96, that the Commissioner has 
authorized the manufacturer of the drug to use, and the second 
figure shall be the first number divided by 12.

II. Proposed Actions

    The maximum 96-hour limitation was based on FDA's perception of a 
practical withdrawal time for the dairy industry. However, FDA now 
recognizes that a withdrawal time longer than 96 hours may be desirable 
and practical in certain circumstances. FDA is proposing to remove the 
96-hour limitation to allow the possibility of longer withdrawal times 
to be considered for milk-producing animals. Withdrawal periods longer 
than 96 hours may be considered on a case-by-case basis depending on 
the use and safety of the drug.
    In addition, a 12-hour milking schedule is used in Sec. 510.106 to 
calculate the number of milkings that occur during the withdrawal 
period. While a 12-hour milking interval was reflective of dairy 
practice when this regulation was written, an 8-hour milking schedule 
also is in common use in the dairy industry today. FDA is proposing to 
revise the regulation so that the length of the milking cycle is not 
specified. This revision would allow any reasonable milking interval to 
be used as long as milk is discarded for the assigned number of hours 
after the latest drug treatment.
    This proposal is aligned with the goals stated by the National 
Performance Review. This proposed rule is a result of the President's 
directive to conduct a comprehensive review of all rules to identify 
those that are obsolete and burdensome and to delete or revise them. 
The agency has determined that this rule is in need of revision as 
described herein.

III. Environmental Impact

    The agency has determined under 21 CFR 25.24(a)(11) that this 
action is of a type that does not individually or cumulatively have a 
significant effect on the human environment. Therefore, neither an 
environmental assessment nor an environmental impact statement is 
required.

IV. Analysis of Impacts

    FDA has examined the impacts of the proposed rule under Executive 
Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
Executive Order 12866 directs agencies to assess all costs and benefits 
of available regulatory alternatives and, when regulation is necessary, 
to select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity). The agency believes that 
this proposed rule is consistent with the regulatory philosophy and 
principles identified in the Executive Order. In addition, the proposed 
rule is not a significant regulatory action as defined by the Executive 
Order and so is not subject to review under the Executive Order.
    The Regulatory Flexibility Act requires agencies to analyze 
regulatory options that would minimize any significant impact of a rule 
on small entities. Because the proposed rule clarifies FDA policy and 
simplifies the process for submitting certain applications, the agency 
certifies that the proposed rule will not have a significant economic 
impact on a substantial number of small entities. Therefore, under the 
Regulatory Flexibility Act, no further analysis is required.

 V. Paperwork Reduction Act of 1995

     FDA tentatively concludes that the labeling requirements proposed 
in this document are not subject to review by the Office of Management 
and Budget because they do not constitute a ``collection of 
information'' under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). Rather, the proposed warning statements are ``public 
disclosure of information originally supplied by the Federal Government 
to the recipient for the purpose of disclosure to the public'' (5 CFR 
1320.3(c)(2)).

VI. Federalism

    FDA has analyzed this proposal in accordance with the principles 
and criteria set forth in Executive Order 12612 and has determined that 
this proposal does not warrant the preparation of a Federalism 
Assessment.

VII. Request for Comments

    Interested persons may, on or before June 18, 1996, submit to the 
Dockets Management Branch (address above) written comments regarding 
this proposal. Two copies of any comments are to be submitted, except 
that individuals may submit one copy. Comments are to be identified 
with the docket number found in brackets in the heading of this 
document. Received comments are available for public examination in the 
Dockets Management Branch between 9 a.m. and 4 p.m., Monday through 
Friday.

List of Subjects in 21 CFR Part 510

     Administrative practice and procedure, Animal drugs, Labeling, 
Reporting and recordkeeping requirements.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, it is 
proposed that 21 CFR part 510 be amended as follows:

PART 510--NEW ANIMAL DRUGS

    1. The authority citation for 21 CFR part 510 continues to read as 
follows:

[[Page 15005]]

    Authority: Secs. 201, 301, 501, 502, 503, 512, 701, 721 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 
353, 360b, 371, 379e).

    2. Section 510.105 Labeling of drugs for use in milk-producing 
animals is amended in the first sentence of paragraph (c)(2) by 
removing the phrase, ``(not to exceed 96)''.
    3. Section 510.106 is amended by revising the first sentence to 
read as follows:

Sec. 510.106  Labeling of antibiotic and antibiotic-containing drugs 
intended for use in milk-producing animals.

    Whenever the labeling of an antibiotic drug included in the 
regulations in this chapter suggests or recommends its use in milk-
producing animals, the label of such drugs shall bear either the 
statement ``Warning: Not for use in animals producing milk, since this 
use will result in contamination of the milk'' or the statement 
``Warning: Milk that has been taken from animals during treatment and 
for -- hours after the latest treatment must not be used for food'', 
the blank being filled in with the figure that the Commissioner has 
authorized the manufacturer of the drug to use. * * *

    Dated: March 28, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-8247 Filed 4-3-96; 8:45 am]
BILLING CODE 4160-01-F

Complete official Federal Register PDF

FR Doc. 96-8224 Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Marine Vessel Rule
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15019-15020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8224]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[RI-17-1-6968b; A-1-FRL-5405-2]

Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Marine Vessel Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Rhode Island. This revision contains 
a regulation to control volatile organic compound (VOC) emissions from 
marine vessel loading operations. In the Final Rules Section of this 
Federal Register, EPA is approving the State's SIP revision as a direct 
final rule without prior proposal because the Agency views this as a 
noncontroversial revision and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the direct final

[[Page 15020]]
rule. If no adverse comments are received in response to that direct 
final rule, no further activity is contemplated in relation to this 
proposed rule. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this proposal. Any parties 
interested in commenting on this proposal should do so at this time.

DATES: Comments must be received on or before May 6, 1996.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection, U.S. Environmental Protection Agency, 
Region I, JFK Federal Bldg., Boston, MA 02203. Copies of the State 
submittal and EPA's technical support document are available for public 
inspection during normal business hours, by appointment at the Office 
of Ecosystem Protection, U.S. Environmental Protection Agency, Region 
I, One Congress Street, 11th floor, Boston, MA and Division of Air and 
Hazardous Materials, Department of Environmental Management, 291 
Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 565-3166.

SUPPLEMENTARY INFORMATION: For additional information, see the direct 
final rule which is located in the Rules Section of this Federal 
Register.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: January 12, 1996.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 96-8224 Filed 4-3-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-8222 Arizona Visibility Federal Implementation Plan Corrective Revision
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Page 15019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8222]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FRL-5446-6]

Arizona Visibility Federal Implementation Plan Corrective 
Revision

AGENCY: Environmental Protection Agency (U.S. EPA).

ACTION: Proposed Rule.

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SUMMARY: The EPA proposes to revise the visibility Federal 
implementation plan (FIP) for the State of Arizona to correct errors in 
internal cross-references within the existing regulations addressing 
control requirements at the Navajo Generating Station, adopted to 
protect visibility at the Grand Canyon National Park. The rules being 
corrected were published in the Federal Register on October 3, 1991 at 
56 FR 50172-50187. The internal cross-reference errors occur in the 
compliance determination procedures at 40 CFR 52.145(d)(3).
    In the Final Rules Section of this Federal Register, the EPA is 
promulgating the corrective revisions as a direct final rule without 
prior proposal because the Agency views this as a noncontroversial 
action and anticipates no adverse comments. Further explanation of the 
corrective regulatory revisions is set forth in the direct final rule 
and the reader is referred to that notice. If no adverse comments are 
received in response to this proposed rule, no further activity is 
contemplated in relation to this rule. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. The EPA will not institute a second comment period 
on this notice. Any parties interested in commenting on this notice 
must do so at this time. The public comments should address only the 
accuracy of EPA's proposed corrections to the cross-referencing errors. 
The EPA is not requesting public comment on the underlying merits or 
substance of the final rules which are unaffected by the technical 
corrections.

DATES: Comments on this proposed rule must be received in writing by 
May 6, 1996.

ADDRESSES: Written comments must be submitted, in duplicate, to: Docket 
No. A-96-12, U.S. Environmental Protection Agency, Air and Radiation 
Docket and Information Center, Room M-1500 (6102), 401 M Street SW., 
Washington, DC 20460.
    The public docket for the rules issued on October 3, 1991 is A-89-
02A and the public docket for this corrective revision to the October 
3, 1991 rules is A-96-12. The dockets are available for public 
inspection and copying between 8:00 a.m. to 4:00 p.m., Monday through 
Friday, at the U.S. Environmental Protection Agency's Air and Radiation 
Docket and Information Center listed above. A reasonable fee may be 
charged for copies.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Damberg, U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards (MD-15), Research Triangle Park, North Carolina 27711, (919) 
541-5592.

SUPPLEMENTARY INFORMATION: See the information provided in the Direct 
Final rule which is located in the Rules Section of this Federal 
Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Carbon monoxide, Ozone, Lead, Sulfur oxides, 
Reporting and recordkeeping requirements.

    Dated: March 18, 1996.
Mary Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 96-8222 Filed 4-3-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-8199 Operator Service Providers and Call Aggregators
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15020-15022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8199]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 94-158; FCC 96-75]

Operator Service Providers and Call Aggregators

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission adopted a combined Report and Order and Further 
Notice of Proposed Rule Making which amends the Commission's rules and 
policies governing operator service providers (OSPs) 1 and call 
aggregators.2 In the Further Notice the Commission seeks comment 
on a proposal to amend the Commission's rules to prescribe a thirty-day 
time limit, after the presubscribed OSP has changed, for aggregators to 
update the posted consumer information. The proposed modification is 
intended to provide updated OSP information to consumers and enable 
consumers to make informed choices when placing operator service calls.

    \1\ ``Provider of operator services means any common carrier 
that provides operator services or any other person determined by 
the Commission to be providing operator services.'' 47 C.F.R. 
Sec. 64.708(i).
    \2\ An ``aggregator'' is ``any person that, in the ordinary 
course of its operations, makes telephones available to the public 
or to transient users of its premises, for interstate telephone 
calls using a provider of operator services.'' Id. Sec. 64.708(b).

DATES: Written comments by the public on the Further Notice of Proposed 
Rule Making and the proposed and/or modified information collections 
are due March 26, 1996. Reply comments are due on April 5, 1996. 
Written comments by the Office of Management and Budget (OMB) on the 
proposed and/or modified information collections on or before June 3, 
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1996.

ADDRESSES: In addition to filing comments with the Secretary, a copy of 
any comments on the information collections contained herein should be 
submitted to Dorothy Conway, Federal Communications Commission, Room 
234, 1919 M Street, N.W., Washington, DC 20554, or via the Internet to 
[email protected] and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 
725--17th Street, N.W., Washington, DC 20503 or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Cathy Seidel, Enforcement Division, 
Common Carrier Bureau, (202) 418-0960. For additional information 
concerning the information collections contained in this Further Notice 
of Proposed Rule Making contact Dorothy Conway at 202-418-0217, or via 
the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rule Making in CC Docket No. 94-158 [FCC 96-
75], adopted on February 28, 1996 and released March 5, 1996. The full 
text of the Further Notice of Proposed Rule Making is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, Room 239, 1919 M Street, N.W., Washington, D.C. The 
complete text of this decision may also be purchased from the 
Commission's duplicating contractor, International Transcription 
Services, 2100 M Street, N.W., Suite 140, Washington, D.C. 20037 (202) 
857-3800. This Further Notice of Proposed Rule Making contains proposed 
or modified information collections subject to the Paperwork Reduction 
Act of 1995 (PRA), Pub. L. No. 104-13. It has been submitted to the 
Office of Management and Budget (OMB) for review under Section 3507(d) 
of the PRA. OMB, the general public, and other Federal agencies are 
invited to comment on the proposed or modified information collections 
contained in this proceeding.

Paperwork Reduction Act

    This FNPRM contains either a proposed or modified information 
collection. The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collections 
contained in this FNPRM, as required by the Paperwork Reduction Act of 
1995, Pub. L. No. 104-13. Public and agency comments are due at the 
same time as other comments on this NPRM; OMB comments are due June 3, 
1996. Comments should address: (a) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Control Number: 3060-0653.
    Title: Section 64.703(b)--Consumer Information--Posting by 
Aggregators.
    Type of Review: Revision of existing collection.
    Respondents: Business or other for-profit, including small 
business.
    Number of Respondents: 56,200.
    Estimated Time Per Response: 3.67 hours.
    Total Annual Burden: 206,566.
    Estimated Cost Per Respondent: $0.
    Needs and Uses: As required by 47 U.S.C. Sec. 226(c)(1)(A), 47 
C.F.R. section 64.703(b) provides that aggregators (providers of 
telephones to the public or transient users) must post in writing, on 
or near such phones, information about presubscribed operator services, 
rates, carrier access, and the FCC address to which consumers may 
direct complaints. The Commission proposes to modify section 64.703 to 
establish a

[[Page 15021]]
30-day time limit for updating consumer information posting on 
aggregator telephones. This information will be used to provide updated 
OSP information to consumers at aggregator telephones.

Summary of Further Notice of Proposed Rule Making

I. Background

    1. On February 28, 1996, the Commission adopted a combined Report 
and Order and Further Notice of Proposed Rule Making in Docket 94-158 
(released March 5, 1996, FCC 96-75). The Commission adopted the Further 
Notice of Proposed Rule Making in order to seek comment on a proposal 
to establish a 30-day time limit for updating the consumer information 
posting on aggregator telephones.
    2. Section 226(c)(1)(A) of the Communications Act, 47 U.S.C. 
Sec. 226(c)(1)(A), and section 64.703(b) of the Commission's rules, 47 
CFR Sec. 64.703(b), require that each aggregator post on or near the 
telephone instrument in plain view of consumers: (1) the name, address, 
and toll-free telephone number of the provider of operator services; 
(2) a written disclosure that the rates for all operator-assisted calls 
are available on request, and that consumers have a right to obtain 
access to the interstate common carrier of their choice and may contact 
their preferred interstate common carriers for information on accessing 
that carrier's service using that telephone; and (3) the name and 
address of the Enforcement Division of the Common Carrier Bureau of the 
Commission, to which the consumer may direct complaints regarding 
operator services. Neither the statute nor the Commission's rules 
specifies when this notice must be changed to reflect a change in the 
presubscribed OSP at the telephone location.

II. Discussion

    3. In the NOI in CC Docket No. 94-158, 60 FR 08217 (February 13, 
1995), the Commission solicited comment on whether the Commission's 
rules should be amended to prescribe a time limit for updating the 
consumer information posted on or near aggregator telephones in the 
event the presubscribed OSP has changed. Specifically, the Commission 
sought comment on the extent of the problem caused by delays in 
updating the posted consumer information, on whether a specific time 
limit for updating the consumer information is necessary or desirable 
and, if so, what a reasonable limit might be.
    4. The Commission found that the comments support the conclusion 
that a delay exists in updating consumer information and that a Further 
Notice of Proposed Rule Making to establish specific time limits is 
necessary. The Commission noted that the majority of the commenters 
favor a 30-day posting requirement, and that 30 days seems to offer 
payphone owners enough time to make updates during regularly scheduled 
maintenance visits, while providing reasonably current information to 
users.
    5. The Commission stated that the proposed rule was tailored to 
meet the public's need for updated information and the aggregator's 
need to avoid unnecessary service calls to aggregator locations. The 
Commission was not persuaded that an allegation of unauthorized 
conversion of the presubscribed carrier should be an automatic defense 
to a violation of the proposed requirement, but stated that it would 
consider such arguments on a case-by-case basis if the proposed time 
limit was adopted. The Commission, therefore, seeks comment on a rule 
requiring consumer information be updated within 30 days after a 
payphone owner is notified that a PIC change has occurred.

III. Ex Parte Requirements

    6. This is a non-restricted notice and comment rule making 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in 
Commission rules. See generally 47 CFR Secs. 1.1202, 1.1203, and 
1.1206(a).

IV. Conclusion

    7. With this Further Notice of Proposed Rule Making, the Commission 
seeks additional comment on a rule requiring that consumer information 
on or near aggregator phones be updated within 30 days after a change 
in the presubscribed OSP.

V. Regulatory Flexibility Analysis

    8. The Regulatory Flexibility Act of 1980 does not apply to this 
rule making proceeding because if the proposed rule amendments are 
promulgated, there will not be a significant economic impact on a 
substantial number of small business entities, as defined by section 
601(3) of the Regulatory Flexibility Act. The Secretary shall send a 
copy of this Further Notice of Proposed Rule Making, including the 
certification, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with paragraph 603(a) of the Regulatory 
Flexibility Act. See 5 U.S.C. 601 et seq.

VI. Ordering Clauses

    9. It is ordered, pursuant to Sections 1, 4(i), 4(j), 201-205, 218, 
and 226, of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 
154(j), 201-205, 218, 226, that a Further Notice of Proposed Rule 
Making is issued proposing amendment of 47 CFR section 64.703(b) of the 
Commission's rules as set forth below.
    10. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 
47 CFR Secs. 1.415, 1.419, all interested parties may file comments on 
the matter discussed in this Further Notice and on the proposed rule 
contained below by March 26, 1996. Reply comments are due by April 5, 
1996. All relevant and timely comments will be considered by the 
Commission before final action is taken in this proceeding. To file 
formally in this proceeding, participants must file an original and 
four copies of all comments, reply comments, and supporting comments. 
If participants wish each Commissioner to have a personal copy of their 
comments, an original plus nine copies must be filed. Comments and 
reply comments should be sent to the Office of the Secretary, Federal 
Communications Commission, Washington, D.C. 20554. Comments and reply 
comments will be available for public inspection during regular 
business hours in the Dockets Reference Room (Room 230) of the Federal 
Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554.
    11. It is further ordered that the Chief of the Common Carrier 
Bureau is delegated authority to require the submission of additional 
information, make further inquiries, and modify the dates and 
procedures if necessary to provide for a more complete record and a 
more efficient proceeding.
    12. It is further ordered that the Secretary shall cause a copy of 
this Further Notice, including the Further Initial Regulatory 
Flexibility Analysis, to be sent to the Chief Counsel for Advocacy of 
the Small Business Administration in accordance with section 603(a) of 
the Regulatory Flexibility Act, 5 U.S.C. 603(a) (1981). The Secretary 
shall also cause a summary of this Further Notice to appear in the 
Federal Register.

List of Subjects in 47 CFR Part 64

    Communication common carriers, Reporting and recordkeeping 
requirements, Telephone.

[[Page 15022]]

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Part 64 of Title 47 of the Code of Federal Regulations is proposed 
to be amended as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    1. The authority citation for Part 64 continues to read as follows:

    Authority: Sec. 4, 48 Stat. 1066, as amended, 47 U.S.C. 154, 
unless otherwise noted. Interpret or apply secs. 201-4, 218, 225, 
226, 227, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 201, 218, 225, 
226, 227, unless otherwise noted.

    2. Section 64.703(b(1) is proposed to be revised to read as 
follows:

Sec. 64.703  Consumer information.

* * * * *
    (b) * * *
    (1) The name, address, and toll-free telephone number of the 
provider of operator services. This information must be updated within 
30 days of a change in the provider of operator services.

* * * * *

[FR Doc. 96-8199 Filed 4-3-96; 8:45 am]

BILLING CODE 6712-01-P

Complete official Federal Register PDF

FR Doc. 96-8189 State-Federal Cooperative Agreements
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15005-15010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8189]

=======================================================================
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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Parts 745, 900, 901, 906, 913, 926, 931, 934, 935, 936, 944, 
946, 948, and 950

RIN 1029-AB84

State-Federal Cooperative Agreements

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Proposed rule.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM) 
proposes to amend its regulations by revising the procedures for 
approval of State-Federal cooperative agreements, so as to remove from 
the Code of Federal Regulations (CFR) the entire text of these 
agreements. This removal of the full text of the State-Federal 
cooperative agreements would reduce the number of unnecessary pages in 
the CFR. The CFR would continue, however, to provide notice of the 
existence of a cooperative agreement and the date it became effective. 
Although the full text of previously approved cooperative agreements 
would be removed, the cooperative agreements remain in effect and will 
continue to delineate State and Federal responsibilities with regard to 
surface coal mining and reclamation operations on Federal lands.

DATES: Written comments: OSM will accept written comments on the 
proposed rule until 5:00 p.m. eastern time on June 3, 1996.
    Public hearings: Anyone wishing to testify at a public hearing must 
submit a request on or before 5:00 p.m. eastern time on April 25, 1996. 
Because OSM will hold a public hearing only if one is requested, 
hearing arrangements, dates and times, if any, will be announced in a 
subsequent Federal Register notice. Any disabled individual who has 
need for special accommodation to attend a public hearing should 
contact the individual listed under FOR FURTHER INFORMATION CONTACT.

ADDRESSES: Written comments: Mail or hand-deliver to the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record Room 
117, 1951 Constitution Avenue, NW., Washington, DC 20240. Comments also 
may be sent by e-mail via the Internet to: [email protected].
    Requests for public hearings: Contact the person listed under FOR 
FURTHER INFORMATION CONTACT by the time specified under DATES. Because 
OSM will hold a public hearing only if one is requested, hearing 
locations, if any, will be announced in a subsequent Federal Register 
notice.

FOR FURTHER INFORMATION CONTACT:
Andy DeVito, Rules and Legislation, Office of Surface Mining 
Reclamation and Enforcement, Room 117, South Interior Building, 1951 
Constitution Avenue, NW., Washington, DC 20240; Telephone (202) 208-
2701. E-Mail/Internet: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Public Comment Procedures
II. Discussion of the Proposed Rule
    Why is the rule being written?
    What is a State-Federal cooperative agreement?
    What would change?
    How would this rule affect coal mining on Federal lands?
    How do I get a copy of a State-Federal cooperative agreement?
III. Procedural Matters

I. Public Comment Procedures

Written Comments

    Written comments should be specific and confined to issues 
pertinent to the proposed rule. They also should include explanations 
in support of the commenter's recommendations. OSM appreciates any and 
all comments, but those most useful and likely to influence decisions 
on the content of a final rule will be those that either involve 
personal experience or include citations to and analyses of the Act, 
its legislative history, its implementing regulations, case law, and 
other pertinent State or Federal laws or regulations.
    Where practicable, commenters should submit two copies of their 
comments. Comments received after the time indicated under DATES or at 
locations other than the OSM office listed under ADDRESSES will not 
necessarily be considered in the final decision or included in the 
administrative record.

Public Hearing

    Persons wishing to testify at a public hearing must contact the 
person listed under FOR FURTHER INFORMATION CONTACT by the time 
indicated under DATES. If no one requests an opportunity to comment at 
a public hearing, no hearing will be held.
    If a public hearing is held, it will continue until all persons 
scheduled to speak have been heard. Persons in the audience who were 
not scheduled to speak but who wish to do so will be heard following 
the scheduled speakers. The hearing will end after all scheduled 
speakers and any other persons present who wish to speak have been 
heard.
    Filing of a written statement at the time of the hearing will 
assist the transcriber and facilitate preparation of an accurate 
record. Submission of written statements to OSM in advance of the 
hearing will allow OSM officials to prepare appropriate questions.

Public Meeting

    If only one person requests an opportunity to comment at a hearing, 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed rule 
may request a meeting by contacting the person listed under FOR FURTHER 
INFORMATION CONTACT. All meetings will be open to the public and 
notices of the meetings will be posted at the location listed under 
ADDRESSES. A written summary of each public meeting will be made a part 
of the administrative record for this rulemaking.

II. Discussion of the Proposed Rule

Why is This Rule Being Written?

    On March 4, 1995, the President announced a government-wide

[[Page 15006]]
Regulatory Reinvention Initiative. The President directed each agency 
to conduct a page-by-page review of its regulations for the purpose of 
eliminating or revising those that are outdated or otherwise in need of 
reform. As part of that effort, OSM is considering several means of 
reducing the number of pages in the CFR. This proposed rule would 
remove the full text of the State-Federal cooperative agreements from 
30 CFR Parts 900, 901, 906, 913, 926, 931, 934, 935, 936, 944, 946, 
948, and 950, and would eliminate from Part 745 the requirement to 
codify the text of any cooperative agreements approved in the future. 
This action would result in a reduction of approximately 65 pages from 
the CFR and reduce future printing costs for the government, and 
contribute to on-going efforts to make the CFR a more readable 
document.

What is a State-Federal Cooperative Agreement?

    Section 523(c) of the Surface Mining Control and Reclamation Act of 
1977 (``the Act''), 30 U.S.C. 1201 et seq., and the implementing 
regulations at 30 CFR Part 745, allow a State and the Secretary of the 
Interior (Secretary) to enter into a cooperative agreement if the State 
has an approved State program for the regulation of surface coal mining 
and reclamation operations on non-Federal and non-Indian lands. 
Cooperative agreements are authorized by the first sentence of section 
523(c), which provides that, ``Any State with an approved State program 
may elect to enter into a cooperative agreement with the Secretary to 
provide for State regulation of surface coal mining and reclamation 
operations on Federal lands within the State, provided the Secretary 
determines in writing that such State has necessary personnel and 
funding to fully implement such a cooperative agreement in accordance 
with the provision of this Act.'' 30 U.S.C. 1273(c). Cooperative 
agreements currently exist for the following States: Alabama, Colorado, 
Illinois, Montana, North Dakota, New Mexico, Ohio, Oklahoma, Utah, 
Virginia, West Virginia, and Wyoming.

What Would Change?

    Under current approval procedures for cooperative agreements (or 
revisions thereof), the full text of a requested cooperative agreement 
is published in the Federal Register as a proposed rule and comments 
are solicited from the public on the terms of the agreement. After 
comments are considered and the terms of the cooperative agreement are 
agreed to by the Secretary and the governor of the State requesting the 
agreement, the full text is published in the Federal Register as a 
final rule and then codified in the CFR. Under the revised procedures 
being proposed in Secs. 745.11 (c) and (h), OSM would continue to 
publish the full text of a requested cooperative agreement in the 
Federal Register and solicit public comments prior to approval by the 
Secretary and the governor. However, the full text would be included in 
the preamble discussion of the proposed rule, and only a brief 
statement giving information about the agreement would be included as a 
proposed rule. After the cooperative agreement has been signed by the 
Secretary and the governor, OSM would publish the final rule in the 
Federal Register indicating the Secretary' approval. Included in the 
preamble to the final rule would be the full text of the approved 
cooperative agreement and a discussion of any changes made to the text 
based on comments received. The Secretary's decision approving the 
cooperative agreement would then be codified in 30 CFR under the 
appropriate Part for the State. The codified text would consist of a 
statement indicating that the Secretary and the governor have entered 
into a State-Federal cooperative agreement, the effective date of the 
cooperative agreement, and the address where a copy of it may be 
obtained.
    The proposed changes in the approval procedures for cooperative 
agreements would also apply to the amendment and reinstatement of such 
agreements. The proposed rule would make conforming changes to 
Secs. 745.14 and 745.16(a) which govern amendments and reinstatements, 
respectively. Under the proposed rule, when the Secretary approves an 
amendment to, or reinstatement of, a cooperative agreement, OSM would 
publish the full text in the Federal Register but would only codify in 
the CFR a statement indicating that a cooperative agreement is in 
effect, the date the amendment or reinstatement went into effect, and 
the address where a copy may be obtained.
    OSM believes that there is no compelling need to codify the full 
text of the cooperative agreements in the CFR. Under the proposed rule, 
essentially the same information would be included in the Federal 
Register as is presently included except that under the proposed rule 
the full text of the cooperative agreement would be included in the 
preamble discussion and not as part of the rule language. Further, 
there is no statutory requirement in the Act to codify the full text in 
the CFR. Although the codified full text may be a convenient reference 
for members of the public who might want to review the provisions of a 
cooperative agreement, OSM believes that once a cooperative agreement 
has been approved, few members of the public, if any, actually refer to 
them. If the full text is desired, copies would be readily available 
from designated sources.
    OSM also proposes to revise the procedures in Sec. 745.11(d) so as 
to require that a public hearing be held only if a hearing is requested 
by a member of the public. The current regulations require that a 
hearing be held even if one is not requested. Since 1988, OSM has 
published 4 proposed rules dealing with cooperative agreements and no 
one has asked to testify at a public hearing.
    OSM is proposing to make conforming changes to 30 CFR 900.2 and 
900.15 to delete references to the full text of the cooperative 
agreements. OSM also proposes to add the names of the States with 
approved cooperative agreements to Sec. 900.15 along with a statement 
that the effective dates are included under the applicable State Part.
    Finally, OSM is proposing to revise 30 CFR Parts 900, 901, 906, 
913, 926, 931, 934, 935, 936, 944, 946, 948, and 950, to remove the 
full text of currently approved cooperative agreements and to 
substitute a statement indicting that a cooperative agreement is in 
effect, the date the agreement went into effect, and the address where 
a copy may be obtained.
    Although the full text of the cooperative agreements is being 
removed from the CFR in favor of the above statement, the signed 
agreements remain in effect and will continue to delineate State and 
Federal responsibilities with regard to surface coal mining and 
reclamation operations on Federal lands.
    The following table provides a summary of the proposed changes 
contained in the rule.

------------------------------------------------------------------------
           Section                         Summary of changes           
------------------------------------------------------------------------
745.11(c)....................  Revised to remove the requirement that   
                                the full text be published in the       
                                Federal Register as a proposed rule.    
745.11(d)....................  Revised to require a public hearing only 
                                if one is requested. A public hearing is
                                currently required in all rulemakings.  

[[Page 15007]]
                                                                        
745.11(h)....................  New paragraph added to require that upon 
                                approval of a State-Federal cooperative 
                                agreement, the regulations in Subchapter
                                T must be amended to indicate that a    
                                cooperative agreement has been entered  
                                into, the effective date, and the       
                                address where the full text of the      
                                cooperative agreement may be obtained.  
745.14.......................  Revised to require that amendments to    
                                cooperative agreements be adopted in    
                                accordance with Sec.  745.11.           
745.16(a)....................  Revised to require that reinstatements of
                                cooperative agreements be made in       
                                accordance with Sec.  745.11.           
900.2........................  Revised to eliminate reference to the    
                                full text of the cooperative agreements.
900.15.......................  Revised to eliminate reference to the    
                                full text of the cooperative agreements 
                                and to add that information on the      
                                agreement is available in Subchapter T. 
901.30, 906.30, 913.30,        Revised to remove the full text of the   
 926.30, 931.30, 934.20,        approved cooperative agreement and to   
 935.30, 936.30, 944.30,        substitute data on the date the         
 946.30, 948.30, 950.20.        cooperative agreement went into effect  
                                and the address where a copy may be     
                                obtained. The proposed revision includes
                                a reference to Sec.  745.12 which       
                                specifies the general provisions        
                                required in a cooperative agreement, and
                                to Sec.  745.13 which specifies the     
                                authority which cannot be delegated to a
                                State.                                  
------------------------------------------------------------------------

How Would This Rule Affect Coal Mining on Federal Lands?

    The rule would not change the way coal mining activities are 
regulated on Federal lands. Although the full text of the cooperative 
agreements are being removed from the CFR, the cooperative agreements 
remain in effect and those States with cooperative agreements would 
continue to regulate coal mining activities on Federal lands within the 
State according to the terms of the cooperative agreement.

How do I Get a Copy of a State-Federal Cooperative Agreement?

    A copy of the full text of the cooperative agreement may be 
obtained by contacting the Office of Surface Mining Reclamation and 
Enforcement, Administrative Record Room, 1951 Constitution Avenue, 
N.W., Washington, D.C. 20240. E-Mail/Internet address: 
[email protected]. The full text of the cooperative agreements is also 
available on the World Wide Web at: http://www.osmre.gov.
    The following table provides a list of those States with approved 
cooperative agreements, the date the original agreement was published, 
the date of any approved revisions, the effective dates, and the 
Federal Register citation.

----------------------------------------------------------------------------------------------------------------
                                       30 CFR part     Publication                                              
               State                       No.            date       Effective date   Federal Register Citation 
----------------------------------------------------------------------------------------------------------------
Alabama............................             901        07/30/85        08/28/85  50 FR 30921                
Colorado...........................             906        10/06/82        10/06/82  47 FR 44217                
Illinois...........................             913        11/27/87        12/28/87  52 FR 45329                
Montana............................             926        04/08/81        05/08/81  46 FR 20993                
North Dakota.......................             934        09/15/83        09/15/83  48 FR 41395                
                                                           04/07/88        05/09/88  53 FR 11501                
New Mexico.........................             931        12/20/82        12/20/82  47 FR 58606                
                                                           05/12/89        06/12/89  54 FR 20568                
Ohio...............................             935        04/13/84        04/13/84  54 FR 51743                
                                                           12/18/89        01/17/90  54 FR 51743                
Oklahoma...........................             936        09/11/89        10/11/89  54 FR 37459                
Utah...............................             944        04/13/87        04/13/87  52 FR 7850                 
Virginia...........................             946        04/07/87        05/07/87  52 FR 11049                
West Virginia......................             948        03/09/84        03/09/84  52 FR 11049                
Wyoming............................             950        01/28/81        03/18/91  51 FR 45089                
----------------------------------------------------------------------------------------------------------------

III. Procedural Matters

Federal Paperwork Reduction Act

    This rule does not contain collections of information which 
requires approval by the Office of Management and Budget under 44 
U.S.C. 3501 et seq.

Regulatory Flexibility Act

    The Department of the Interior certifies that this proposed 
revision would not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

National Environmental Policy Act

    This rule has been reviewed by OSM and it has been determined to be 
categorically excluded from the National Environmental Policy Act 
(NEPA) process in accordance with the Departmental Manual 516 DM 6, 
Appendix 8.4.A(4).

Executive Order 12866

    This rule is not significant under Executive Order 12866 and does 
not require review by the Office of Management and Budget.

Executive Order 12778

    This proposed rule has been reviewed under the applicable standards 
of Section 2(b)(2) of Executive Order 12778, Civil Justice Reform (56 
FR 55195). In general, the requirements of Section 2(b)(2) of Executive 
Order 12778 are covered by the preamble discussion of this proposed 
rule. Additional remarks follow concerning individual elements of the 
Executive Order:
    A. What is the preemptive effect, if any, to be given to the 
regulation?
    The proposed rule would have no preemptive effect.
    B. What is the effect on existing Federal law or regulation, if 
any, including all provisions repealed or modified.
    This rule modifies the implementation of SMCRA as described herein, 
and is not intended to modify the implementation of any other Federal 
statute. The preceding discussion of this rule specifies the Federal 
regulatory provisions that are affected by this rule.
    C. Does the rule provide a clear and certain legal standard for 
affected conduct rather than a general standard, while promoting 
simplification and burden reduction?

[[Page 15008]]

    The standards established by this rule are as clear and certain as 
practicable, given the complexity of the topics covered and the 
mandates of SMCRA.
    D. What is the retroactive effect, if any, to be given to the 
regulation?
    This rule is not intended to have retroactive effect.
    E. Are administrative proceedings required before parties may file 
suit in court? Which proceedings apply? Is the exhaustion of 
administrative remedies required?
    No administrative proceedings are required before parties may file 
suit in court challenging the provisions of this rule under section 
526(a) of SMCRA, 30 U.S.C. 127(a).
    Prior to any judicial challenge to the application of the rule, 
however, administrative procedure must be exhausted. In situations 
involving OSM application of the rule, applicable administrative 
procedures may be found at 43 CFR Part 4. In situations involving State 
regulatory authority application of provisions equivalent to those 
contained in this rule, applicable administrative procedures are set 
forth in the particular State program.
    F. Does the rule define key terms, either explicitly or by 
reference to other regulations or statutes that explicitly define those 
items?
    Terms which are important to the understanding of this rule are set 
forth in 30 CFR 700.5 and 701.5.
    G. Does the rule address other important issues affecting clarity 
and general draftsmanship of regulations set forth by the Attorney 
General, with the concurrence of the Director of the Office of 
Management and Budget, that are determined to be in accordance with the 
purpose of the Executive Order?
    As of the date of publication, the Attorney General and the 
Director of the Office of Management and Budget have not issued any 
guidance on this requirement.

List of Subjects

30 CFR Part 745

    Coal mining, Intergovernmental relations, Public lands, Mineral 
resources, Reporting and recordkeeping requirements, Surface mining, 
Underground mining.

30 CFR Parts 900, 901, 906, 913, 926, 931, 934, 935, 936, 944, 946, 
948, and 950

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 13, 1996.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    For the reasons set out in the preamble, 30 CFR Parts 745, 900, 
901, 906, 913, 926, 931, 934, 935, 936, 944, 946, 948, and 950 are 
proposed to be amended as follows.

PART 745--STATE-FEDERAL COOPERATIVE AGREEMENTS

    1. The authority citation for Part 745 continues to read:

    Authority: 30 U.S.C. 1201 et seq. and 30 U.S.C. 181 et seq.

    2. Sec. 745.11, is amended by revising paragraph (c) introductory 
text, the first sentence of paragraph (d), and adding paragraph (h) to 
read as follows:

Sec. 745.11  Application and agreement.

* * * * *
    (c) OSM shall publish a notice of the request and the full text of 
the terms of the proposed cooperative agreement as submitted or as 
subsequently modified by OSM and the State in the Federal Register. A 
notice of the request and a summary of the terms of the proposed 
agreement shall also be published in a newspaper(s) of general 
circulation throughout the State. Both notices shall include:
* * * * *
    (d) If requested, a public hearing shall be held within the comment 
period in a suitable location in the State requesting the cooperative 
agreement. * * *
* * * * *
    (h) The Secretary shall amend the regulations in Subchapter T to 
indicate that a State-Federal cooperative agreement has been entered 
into, the effective date of the cooperative agreement, and the address 
where the full text of the cooperative agreement may be obtained.
    3. Sec. 745.14 is amended by revising the last sentence to read as 
follows:

Sec. 745.14  Amendments.

    * * * Amendments shall be adopted in accordance with the procedures 
in Sec. 745.11.
    4. Sec. 745.16 is amended by revising the last sentence of 
paragraph (a) to read as follows:

Sec. 745.16  Reinstatements.

    * * * Any reinstatement shall be in accordance with the procedures 
in Sec. 745.11.

PART 900--INTRODUCTION

    5. The authority citation for Part 900 continues to read as 
follows:

    Authority: Secs. 102, 201, 405, 503, 504, 505, and 523 of Pub. 
L. 95-87 (30 U.S.C. 1202, 1211, 1235, 1253, 1254, and 1273).

    6. In Sec. 900.2, the first sentence is revised to read as follows:

Sec. 900.2  Objectives.

    The objective of this part is to provide an introduction to the 
synopsis of the approved State programs, the Abandoned Mined Lands 
Reclamation programs, the cross referencing provisions of Federal 
programs, information on the effective date of State-Federal 
cooperative agreements for the regulation of mining on Federal lands, 
and where a copy may be obtained. * * *
    7. Sec. 900.15 is revised to read as follows:

Sec. 900.15  Federal lands program cooperative agreements.

    The effective date for each State-Federal cooperative agreement for 
the State regulation of surface coal mining and reclamation operations 
on Federal lands is published below under the applicable part for 
States with cooperative agreements. The following states have entered 
into cooperative agreements: Alabama, Colorado, Illinois, Montana, 
North Dakota, New Mexico, Ohio, Oklahoma, Utah, Virginia, West 
Virginia, and Wyoming.

PART 901--ALABAMA

    8. The authority citation for Part 901 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    9. Sec. 901.30 is revised to read as follows:

Sec. 901.30  State-Federal cooperative agreement.

    The Governor of the State of Alabama and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on August 28, 1985. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Mining Reclamation and Enforcement, Administrative Record 
Room, 1951 Constitution Avenue, NW., Washington, DC 20240 The full text 
of the cooperative agreement is also available on the World Wide Web 
at: http://www.osmre.gov.

[[Page 15009]]

PART 906--COLORADO

    10. The authority citation for part 906 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    11. Sec. 906.30 is revised to read as follows:

Sec. 906.30  State-Federal cooperative agreement.

    The Governor of the State of Colorado and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on October 6, 1982. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available on the World 
Wide Web at: http://www.osmre.gov.

PART 913--ILLINOIS

    12. The authority citation for part 913 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    13. Sec. 913.30 is revised to read as follows:

Sec. 913.30  State-Federal cooperative agreement.

    The Governor of the State of Illinois and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on December 28, 1987. The 
general provisions required in a cooperative agreement are specified 
under Sec. 745.12. The authority reserved for the Secretary which 
cannot be delegated to a State is specified under Sec. 745.13. A copy 
of the full text of the cooperative agreement may be obtained by 
contacting the Office of Surface Mining Reclamation and Enforcement, 
Administrative Record Room, 1951 Constitution Avenue, NW., Washington, 
DC 20240. The full text of the cooperative agreement is also available 
on the World Wide Web at: http://www.osmre.gov.

PART 926--MONTANA

    14. The authority citation for part 926 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    15. Sec. 926.30 is revised to read as follows:

Sec. 926.30  State-Federal cooperative agreement.

    The Governor of the State of Montana and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on May 8, 1981. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available on the World 
Wide Web at: http://www.osmre.gov.

PART 931--NEW MEXICO

    16. The authority citation for part 931 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    17. Sec. 931.30 is revised to read as follows:

Sec. 931.30  State-Federal cooperative agreement.

    The Governor of the State of New Mexico and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on December 20, 1982. Certain 
provisions were revised effective June 12, 1989. The general provisions 
required in a cooperative agreement are specified under Sec. 745.12. 
The authority reserved for the Secretary which cannot be delegated to a 
State is specified under Sec. 745.13. A copy of the full text of the 
cooperative agreement may be obtained by contacting the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record Room, 
1951 Constitution Avenue, NW., Washington, DC 20240. The full text of 
the cooperative agreement is also available on the World Wide Web at: 
http://www.osmre.gov.

PART 934--NORTH DAKOTA

    18. The authority citation for part 934 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    19. Sec. 934.30 is revised to read as follows:

Sec. 934.30  State-Federal cooperative agreement.

    The Governor of the State of North Dakota and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on September 15, 1983. Certain 
provisions were revised effective May 9, 1988. The general provisions 
required in a cooperative agreement are specified under Sec. 745.12. 
The authority reserved for the Secretary which cannot be delegated to a 
State is specified under Sec. 745.13. A copy of the full text of the 
cooperative agreement may be obtained by contacting the Office of 
Surface Mining Reclamation and Enforcement, Administrative Record Room, 
1951 Constitution Avenue, NW., Washington, DC 20240. The full text of 
the cooperative agreement is also available on the World Wide Web at: 
http://www.osmre.gov.

PART 935--OHIO

    20. The authority citation for Part 935 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    21. Sec. 935.30 is revised to read as follows:

Sec. 935.30  State-Federal cooperative agreement.

    The Governor of the State of Ohio and the Secretary of the Interior 
have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on April 13, 1984. Certain 
provisions were revised effective January 17, 1990. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available

[[Page 15010]]
on the World Wide Web at: http://www.osmre.gov.

PART 936--OKLAHOMA

    22. The authority citation for Part 936 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

Sec. 936.30  State-Federal cooperative agreement.

    The Governor of the State of Oklahoma and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on October 11, 1989. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available on the World 
Wide Web at: http://www.osmre.gov.

PART 944--UTAH

    23. The authority citation for Part 944 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    24. Sec. 944.30 is revised as follows:

Sec. 944.30  State-Federal cooperative agreement.

    The Governor of the State of Utah and the Secretary of the Interior 
have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on April 13, 1987. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, NW., Washington, DC 20240. The 
full text of the cooperative agreement is also available on the World 
Wide Web at: http://www.osmre.gov.

PART 946--VIRGINIA

    25. The authority citation for Part 946 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    26. Sec. 946.30 is revised to read as follows:

Sec. 946.30  State-Federal cooperative agreement.

    The Governor of the State of Virginia and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on April 7, 1987. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, N.W., Washington, D.C. 20240. 
The full text of the cooperative agreement is also available on the 
World Wide Web at: http://www.osmre.gov.

PART 948--WEST VIRGINIA

    27. The authority citation for Part 949 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    28. Sec. 948.30 is revised to read as follows:

Sec. 948.30  State-Federal cooperative agreement.

    The Governor of the State of West Virginia and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on April 7, 1987. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, N.W., Washington, D.C. 20240. 
The full text of the cooperative agreement is also available on the 
World Wide Web at: http://www.osmre.gov.

PART 950--WYOMING

    29. The authority citation for Part 950 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    30. Sec. 950.20 is revised to read as follows:

Sec. 950.20  State-Federal cooperative agreement.

    The Governor of the State of Wyoming and the Secretary of the 
Interior have entered into a cooperative agreement setting forth the 
responsibilities of each party for the regulation of surface coal 
mining and reclamation operations on Federal lands in the State. The 
cooperative agreement became effective on January 15, 1987. The general 
provisions required in a cooperative agreement are specified under 
Sec. 745.12. The authority reserved for the Secretary which cannot be 
delegated to a State is specified under Sec. 745.13. A copy of the full 
text of the cooperative agreement may be obtained by contacting the 
Office of Surface Mining Reclamation and Enforcement, Administrative 
Record Room, 1951 Constitution Avenue, N.W., Washington, D.C. 20240. 
The full text of the cooperative agreement is also available on the 
World Wide Web at: http://www.osmre.gov.

[FR Doc. 96-8189 Filed 4-3-96; 8:45 am]
BILLING CODE 4310-05-M

Complete official Federal Register PDF

FR Doc. 96-8188 Subsistence Management Regulations for Public Lands in Alaska, Identification of Waters Subject to Subsistence Priority Regulation and Expansion of the Federal Subsistence Program and the Federal Subsistence Board's Authority
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15014-15018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8188]

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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018-AD68

Subsistence Management Regulations for Public Lands in Alaska, 
Identification of Waters Subject to Subsistence Priority Regulation and 
Expansion of the Federal Subsistence Program and the Federal 
Subsistence Board's Authority

AGENCY: Forest Service, USDA; Fish and Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Departments of Agriculture and the Interior give notice of 
their intention to amend the scope and applicability of the Federal 
subsistence program in Alaska to include subsistence activities 
occurring on inland navigable waters in which the United States has a 
reserved water right and to identify specific Federal land units where 
reserved water rights exist. The amendments being considered also would 
extend the Federal Subsistence Board's management to all Federal lands 
selected under the Alaska Native Claims Settlement Act or the Alaska 
Statehood Act and situated within the boundaries of a Conservation 
System Unit, National Recreation Area, National Conservation Area, or 
any new national forest or forest addition, until conveyed to the State 
of Alaska or an Alaska Native Corporation, as required by ANILCA. In 
addition, the rule amendments being considered would unambiguously 
delegate to the Federal Subsistence Board the authority to determine 
when hunting, fishing or trapping activities taking place in Alaska off 
the public lands interfere with the subsistence priority on the public 
lands to such an extent as to result in a failure to provide the 
subsistence priority and to take action to restrict or eliminate the 
interference. The Departments also are considering whether to provide 
the Federal Subsistence Board with authority to investigate and make 
recommendations to the Secretaries regarding the possible existence of 
additional Federal reservations, Federal reserved water rights or other 
Federal interests, including those which attach to lands in which the 
United States has less than fee ownership. The regulatory amendments 
being considered would conform the Federal subsistence management 
regulations to the court decree issued in State of Alaska v. Babbitt, 
72 F.3d 698 (9th Cir. 1995). This advance notice of proposed rulemaking 
also is in response to the Petitions for Rulemaking submitted by the 
Northwest Arctic Regional Council et al. on April 12, 1994, and the 
Mentasta Village Council, et al. on July 15, 1993.

DATES: Written public comment is invited and will be considered in the 
development of a proposed rule. Comments on this advance notice of 
proposed rulemaking and proposals for changes to the preliminary 
regulatory text must be received no later than June 14, 1996 to be 
considered.

ADDRESSES: Any comments concerning this notice, including sections 
regarding conformance with statutory and regulatory authorities and the 
preliminary regulatory text included with it may be sent to Mitch 
Demientieff, Chairman, Federal Subsistence Board, c/o Thomas H. Boyd, 
Office of Subsistence Management, U.S. Fish and Wildlife Service, 1011 
E. Tudor Road, Anchorage, Alaska, 99503.

FOR FURTHER INFORMATION CONTACT:
Thomas H. Boyd, Office of Subsistence Management, U.S. Fish and 
Wildlife Service, 1011 E. Tudor Road, Anchorage, Alaska, 99503; 
telephone (907) 786-3888. For questions specific to National Forest 
System lands, contact Ken Thompson, Assistant Director, Subsistence, 
Forest Service, Alaska Region, P.O. Box 21638, Juneau, Alaska 99802-
1628; telephone (907) 586-7921.

[[Page 15015]]

SUPPLEMENTARY INFORMATION: 

Background

    The Federal Subsistence Board assumed subsistence management 
responsibility for public lands in Alaska in 1990, after the Alaska 
Supreme Court ruled in McDowell v. State of Alaska, 785 P.2d 1 (Alaska 
1989), reh'g. denied (Alaska 1990), that the rural preference contained 
in the State's subsistence statute violated the Alaska Constitution. 
This ruling put the State's subsistence program out of compliance with 
Title VIII of the Alaska National Interest Lands Conservation Act 
(ANILCA) and resulted in the Secretaries assuming subsistence 
management on the public lands in Alaska. The ``Temporary Subsistence 
Management Regulations for Public Lands in Alaska, Final Temporary 
Rule'' was published in the Federal Register (55 FR 27114-27170) on 
June 29, 1990. The ``Subsistence Management Regulations for Public 
Lands in Alaska; Final Rule'' was published in the Federal Register (57 
FR 22940-22964) on May 29, 1992.
    In both cases, the rule ``generally excludes navigable waters'' 
from Federal subsistence management. 55 FR 27114, 27115 (1990); 57 FR 
22940, 22942 (1992). In a lawsuit consolidated with Alaska v. Babbitt, 
plaintiff Katie John challenged these rules, arguing that navigable 
waters are properly included within the definition of ``public lands'' 
set out in ANILCA. At oral argument before the United States District 
Court for Alaska, the United States took the position that Federal 
reserved water rights which encompass the subsistence purpose are 
public lands for purposes of ANILCA. The United States Court of Appeals 
for the Ninth Circuit subsequently held: ``[T]he definition of public 
lands includes those navigable waters in which the United States has an 
interest by virtue of the reserved water rights doctrine.'' Alaska 
versus Babbitt, 72 F.3d at 703-704. In the course of its decision, the 
Ninth Circuit also directed: ``[T]he federal agencies that administer 
the subsistence priority are responsible for identifying those 
waters.'' Id. at 704.
    The amendments being considered in this advance notice of proposed 
rulemaking would conform the Federal subsistence management regulations 
to the Ninth Circuit's ruling in Circuit's ruling in Alaska v. Babbitt. 
As the Ninth Circuit directed, this document identifies Federal land 
units in which reserved water rights exist. These are ``public lands'' 
under the Ninth Circuit's decision in Alaska v. Babbitt and thus are 
subject to the Federal subsistence priority in Title VIII of ANILCA. 
The preliminary regulatory text being considered here also provides the 
Federal Subsistence Board with clear authority to administer the 
subsistence priority in these waters.
    On July 15, 1993, the Mentasta Village Council, Native Village of 
Quinhagak, Native Village of Goodnews Bay, Alaska Federation of 
Natives, Alaska Inter-tribal Council, RurAL CAP, Katie John, Doris 
Charles, Louie Smith and Annie Cleveland filed a ``Petition for Rule-
Making by the Secretaries of Interior and Agriculture that Navigable 
Waters and Federal Reserved Waters are `Public Lands' Subject to Title 
VIII of ANILCA's Subsistence Priority.''
    On April 12, 1994, the Northwest Arctic Regional Council, Stevens 
Village Council, Kawerak, Inc., Copper River Native Assoc., Alaska 
Federation of Natives, Alaska Inter-tribal Council, RurAL CAP and 
Dinyee Corporation filed a ``Petition for Rule-Making by the 
Secretaries of Interior and Agriculture that Selected But Not Conveyed 
Lands Are To Be Treated as Public Lands for the Purposes of the 
Subsistence Priority in Title VIII of ANILCA and that Uses on Non-
Public Lands in Alaska May Be Restricted to Protect Subsistence Uses on 
Public Lands in Alaska.'' A Request for Comments on this Petition was 
published at 60 FR 6466 (1995). This advance notice of proposed 
rulemaking rule also responds to both these petitions for rulemaking.

Public Review and Comment

    Comments on this advance notice of proposed rulemaking and proposed 
changes to the preliminary regulatory text included with this notice 
may be submitted in writing to the address identified at the beginning 
of this rulemaking by June 14, 1996. Comments received by that date 
will be considered in the development of the proposed rule. In 
addition, the Departments will hold several public hearings in various 
locations in Alaska. The specific dates, times, and locations of the 
hearings will be announced subsequently.

Federal Subsistence Regional Advisory Councils

    Alaska has been divided into ten subsistence resource regions, each 
of which is represented by a Federal Subsistence Regional Advisory 
Council. The Regional Councils provide a forum for rural residents with 
personal knowledge of local conditions to have a meaningful role in the 
subsistence management of fish and wildlife on Alaska public lands. The 
Councils will have a substantial role in reviewing the proposed rule to 
be published subsequently and in making recommendations on the final 
rule.

Summary of Changes

    This advance notice of proposed rulemaking includes preliminary 
regulatory text on the proposed rule amendments being considered. This 
level of detail is provided to assist the reviewer in commenting on the 
proposals under consideration; the Secretaries may propose these or 
other amendments to the subsistence regulations in the proposed rule to 
follow this action.

Sec. ____.3  Applicability and scope.

    The amendments being considered in this advance notice of proposed 
rulemaking would expand the scope of the Federal subsistence program to 
include, in addition to the waters already included, all inland 
navigable waters within the exterior boundaries of the listed National 
Parks, Preserves, Wildlife Refuges, and other specified Federal land 
units managed by the Department of the Interior in Alaska. Within the 
exterior boundaries of the two national forests in Alaska, the 
subsistence program would apply to all inland navigable waters bordered 
by lands owned by the United States.
    The Department of the Interior agencies, to assure the effective 
stewardship of fish and wildlife, adequately protect subsistence uses, 
and prevent interference with the effective management of the Federal 
subsistence priority, have determined a need to apply the subsistence 
program to waters throughout the Federal land units listed in 
Sec. ____.3(b)(1) of the preliminary regulatory text which are managed 
by the Department, whether or not the United States is the littoral or 
riparian owner of any given reach. Land ownership patterns within these 
units are complex, most of the land has not been surveyed, and 
ownership is still changing as land selections are conveyed to the 
State of Alaska and Alaska Native Corporations. The Interior agencies 
believe that the substantial complications inherent in ``checkerboard'' 
subsistence management based upon land ownership bordering specific 
portions of water bodies within the exterior boundaries of the listed 
Federal land units necessarily would be detrimental to the resources 
for which the Department of the Interior is responsible.
    Within the exterior boundaries of the two national forests situated 
in Alaska which are listed in Sec. ____.3(b)(2) of the preliminary 
regulatory text, the Federal subsistence program will be extended

[[Page 15016]]
only to those inland waters bordered by lands owned by the United 
States. The Secretary of Agriculture has not identified reserved water 
rights, necessary for the purposes for which the two national forests 
were established, in reaches of water that are not bordered by 
federally owned national forest lands. Accordingly, extending the 
Federal subsistence program to these nonadjacent waters is not 
considered necessary to assure effective stewardship of fish and 
wildlife, adequately protect subsistence uses, prevent interference 
with the Federal subsistence management program, or avoid detriment 
otherwise to national forest resources. The majority of inland waters 
located within the exterior boundaries of the two forests and which are 
not bordered by national forest lands are contained within relatively 
large and easily identified tracts of land owned by Alaska Native 
Corporations or the State of Alaska or its municipalities. In addition, 
the Federal Subsistence Board would have authority under Sec. ____.10 
of the preliminary regulatory text to restrict where necessary serious 
interference with the subsistence priority from hunting, fishing, or 
trapping activities that take place in these nonadjacent waters.
    The existing regulations for the Federal subsistence management 
program specify that the program applies to all non-navigable waters 
located on the public lands and to waters specifically listed in 
Sec. ____.3(b) (1)-(11), which consist of certain pre-statehood 
reserves. In these areas the program extends to public lands and to 
waters over land owned by the United States. This includes certain 
marine waters within the boundaries of pre-Statehood reserves. This 
advance notice of proposed rulemaking would amend Sec. ____.3(b) to add 
to the Federal subsistence management program all inland navigable 
waters, as specified in Sec. ____.3(b) (1) and (2), within and adjacent 
to the boundaries of the specified Federal land units regardless of 
ownership of submerged lands. Pre-statehood reservation of marine 
waters listed in the present regulations at Sec. ____.3(b) (1)-(11) 
would continue to be included in the subsistence management program.

Sec. ____.4  Definitions

    The regulatory amendments being considered would change the 
definition of ``Federal lands'' to include navigable and non-navigable 
inland waters in which the United States has a reserved water right. 
This amendment would conform the Federal subsistence management program 
with the Ninth Circuit's ruling in Alaska v. Babbitt.
    This advance notice of proposed rulemaking also would amend the 
definition of ``Public Lands or public land'' to treat as public land 
certain Federal lands described in ANILCA Sec. 906(o)(2) which have 
been selected by the State of Alaska or an Alaska Native Corporation 
but not yet conveyed. This change would be proposed in response to the 
April 12, 1994, ``Petition for Rule-Making by the Secretaries of 
Interior and Agriculture that Selected But Not Conveyed Lands are To Be 
Treated as Public Lands for the Purposes of the Subsistence Priority in 
Title VIII of ANILCA and that Uses on Non-Public Lands in Alaska May be 
Restricted to Protect Subsistence Uses on Public Lands in Alaska,'' 
which was filed by the Northwest Arctic Regional Council, et al. After 
reviewing the matter, the Secretaries have concluded as a matter of law 
that certain selected but not conveyed lands are governed by the terms 
of ANILCA Sec. 906(o)(2), 43 U.S.C. Sec. 1616(o)(2), which provides 
that: ``Until conveyed, all Federal lands within the boundaries of a 
Conservation System Unit, National Recreation Area, National 
Conservation Area, new national forest or forest addition, shall be 
administered in accordance with the laws applicable to such unit.'' 
Accordingly, the Secretaries have determined that all Federal lands 
within the units specified in ANILCA Sec. 906(o)(2) will be 
administered as part of the unit to which they belong and will be 
subject to the administrative jurisdiction of the Federal Subsistence 
Board until conveyed from Federal ownership. The contemplated change 
relating to the definition of public lands contained in the preliminary 
regulatory text reflects the Secretaries' conclusions in this regard.
    This advance notice of proposed rulemaking also would add new 
definitions of ``reserved water rights'' and ``inland waters'' for 
clarity. The ``reserved water rights'' definition follows Supreme Court 
precedent, specifically Cappaert v. United States, 426 U.S. 128, 138 
(1976). The ``inland waters'' definition establishes two standards to 
determine whether a given water is inland or marine. A water that 
satisfies either (or both) of the two standards for inland waters would 
be considered inland for purposes of the Federal subsistence program 
under the preliminary regulatory text included here. If a water is 
located landward of the mean high tide line, the water is inland. 
Similarly, any water is inland if it is located upstream of the line 
drawn across the mouth of waters entering the sea. The definition also 
contains a nonexclusive list of the kinds of waters which are commonly 
found inland.

Sec. ____.10  Federal Subsistence Board

    This advance notice of proposed rulemaking would unambiguously 
delegate to the Federal Subsistence Board the authority to regulate 
hunting, fishing and trapping activities on non-public lands in Alaska 
which interfere with subsistence activities on the public lands to such 
an extent as to result in a failure to provide the subsistence 
priority. The Secretaries expect that the Board would exercise this 
authority sparingly. Prior to taking action in any such case, it is 
expected that the Board would consult with, and make a significant 
effort to resolve the conflict through cooperative action with, the 
State of Alaska, the appropriate Regional Council, and the National 
Marine Fisheries Service where appropriate. The Board's regulatory 
authority under this provision would be limited to the territorial 
limits of the State of Alaska and would not extend to offshore 
fisheries beyond the territorial waters of Alaska. All international 
treaty obligations of the United States with respect to fish and 
wildlife and their habitats also must be adhered to.
    This advance notice of proposed rulemaking would provide, in 
addition, the Federal Subsistence Board with authority to investigate 
whether in appropriate instances there exist additional Federal 
reservations of public lands, Federal reserved water rights or other 
Federal interests, including those in which the United States has a 
less than fee ownership interest, which should be included in the 
Federal subsistence management program, and to make recommendations to 
the Secretaries for the inclusion of those interests within the Federal 
subsistence management program. Such interests might include Federal 
lands not listed in Sec. ____.3(b) of the preliminary regulatory text, 
including military reserves and some or all of hundreds of remote 
parcels in Alaska.

Conformance With Statutory and Regulatory Authorities

National Environmental Policy Act Compliance

    A Draft Environmental Impact Statement that described four 
alternatives for developing a Federal Subsistence Management Program 
was distributed for public comment on October 7, 1991. That document 
described the major issues associated with Federal subsistence 
management of fish and wildlife; draft administrative

[[Page 15017]]
regulations also were included as an appendix. A Final Environmental 
Impact Statement for the Federal Subsistence Management Program was 
published on February 28, 1992. In accordance with that Impact 
Statement, the Subsistence Management Regulations for Public Lands in 
Alaska: Final Rule (57 FR 22940-22964), was published on May 29, 1992. 
This advance notice of proposed rulemaking considers amendments to the 
rule that was adopted as a result of that process.
    The scope of the existing Federal subsistence regulations already 
includes substantial areas of both navigable and non-navigable waters 
in Alaska; accordingly, the Federal Subsistence Board has adopted a 
comprehensive set of annual subsistence fishing regulations in Subpart 
D. This advance notice of proposed rulemaking identifies additional 
waters to which the Subpart D annual subsistence fishing regulations 
will apply, as required by the Ninth Circuit Court of Appeals in Alaska 
v. Babbitt, but would not amend those existing Subpart D regulations. 
In addition, in response to a Petition for Rulemaking, this advance 
notice of proposed rulemaking would expand the authority of the Federal 
Subsistence Board by unambiguously delegating to the Board the 
authority to exercise the power of the Secretaries to regulate hunting, 
fishing and trapping activities which occur on nonpublic lands and 
waters in Alaska when such activities interfere with the Federal 
subsistence priority to such an extent as to result in a failure to 
provide the subsistence priority. It would also apply the program to 
certain selected but not conveyed lands within specified Federal land 
units as required by Sec. 906(o)(2) of ANILCA.
    All or portions of this advance notice of proposed rulemaking may 
be appropriate for issuance as a final interpretive rule or be subject 
to a categorical exclusion from the National Environmental Policy Act 
(NEPA), 42 U.S.C. Sec. 4332(2)(C). Appropriate compliance with NEPA 
will be completed before a final rule is issued.
    It has been determined that this advance notice of proposed 
rulemaking has no environmental justice implications under Executive 
Order 12898. In the event it is determined that preparation of an 
environmental impact statement is necessary before a final rule can 
issue on part or all of this proposal, an assessment under Executive 
Order 12898 will be included in that statement.

Compliance With Section 810 of ANILCA

    The intent of all Federal subsistence regulations is to accord 
subsistence uses of fish and wildlife on public lands a priority over 
the taking of fish and wildlife on such lands for other purposes, 
unless a restriction is necessary to conserve healthy fish and wildlife 
populations. A Section 810 analysis was completed as part of the Final 
Environmental Impact Statement on the Federal Subsistence Management 
Program in 1992. It has been determined that this advance notice of 
proposed rulemaking will not significantly restrict subsistence uses on 
the public lands. In the event it is determined that it is necessary to 
prepare an environmental impact statement in connection with the 
proposed rule, an analysis of effects on subsistence as set forth in 
section 810 of ANILCA will be included in that statement.

Paperwork Reduction Act

    The Department of the Interior has already received clearance under 
the Paperwork Reduction Act for its existing regulations governing 
annual subsistence take. The information collection requirements of 
those rules have been approved by the Office of Management and Budget 
under 44 U.S.C. Sec. 3501 and have been assigned clearance number 1018-
0075. Should any additional clearances be required as a result of the 
expansion of the Federal Subsistence Board's jurisdiction described in 
this advance notice of proposed rulemaking, the Secretaries will obtain 
them before the rule imposing the information collection requirements 
become effective.

Executive Order 12866

    This advance notice of proposed rulemaking has been reviewed by the 
Office of Management and Budget under Executive Order 12866.

Economic Effects

    The Departments have determined that this advance notice of 
proposed rulemaking would not have a significant economic effect on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq. This advance 
notice of proposed rulemaking simply would identify waters which the 
Ninth Circuit Court of Appeals has determined are subject to Federal 
subsistence management, provide the Federal Subsistence Board with the 
authority to manage those waters, and consolidate in the Board other 
existing regulatory authority of the Secretaries. In the event that 
future regulations affect small entities, the Board would be required 
to conduct a Regulatory Flexibility Act analysis at that time. This 
Notice will impose no direct, indirect, non-quantifiable or enforcement 
costs on small entities; no changes in the demography of populations 
are anticipated; there will be no significant effect upon existing 
information collection and recordkeeping requirements; and no aggregate 
effects on small entities are anticipated. The aggregate effect would 
be an insignificant economic effect on a number of small entities. The 
number of small entities affected is unknown but the fact that the 
effects, if any, will be negligible indicates that they will not be 
significant within the meaning of the Regulatory Flexibility Act.

Federalism Assessment

    This advance notice of proposed rulemaking does not meet the 
threshold of ``Federalism Effects'' as set forth in Executive Order 
12612 and is consistent with the existing parameters of established 
Federal authority as set forth by the Federal courts.

Taking Assessment

    In accordance with Executive Order 12630, it has been determined 
that this advance notice of proposed rulemaking has no takings of 
private property implications.

Unfunded Mandates

    The Secretaries have determined and certify pursuant to the 
Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this advance notice 
of proposed rulemaking will not impose a cost of $100 million or more 
in any given year on local or State governments or private entities.

    Drafting Information.--The preliminary regulatory text included 
with this Notice was drafted by the Office of the Regional 
Solicitor, 4230 University Drive, Suite 300, Anchorage, AK, 99508-
4626, with assistance from the Office of the Solicitor, 1849 C 
Street, N.W., Washington, D.C., 20240.

List of Subjects

36 CFR Part 242

    Administrative practice and procedure, Alaska, Fish, National 
Forests, Public lands, Reporting and recordkeeping requirements, 
Wildlife.

50 CFR Part 100

    Administrative practice and procedure, Alaska, Fish, Public lands, 
Reporting and recordkeeping requirements, Wildlife.
    The following preliminary regulatory text is provided to assist the 
reviewer in commenting on the changes under

[[Page 15018]]
consideration; the Secretaries may propose these or other amendments to 
the subsistence regulations in the proposed rule to follow this action.

PART ______--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN 
ALASKA

    1. Subpart A of 36 CFR Part 242 and 50 CFR 100, Sec. ____.3 is 
proposed to be amended by replacing the existing Sec. ____.3(b) with 
the following language and deleting Sec. ____.3(c).

Sec. ____.3  Applicability and Scope.

    (b) The regulations contained in Subpart D apply:
    (1)(i) On all public lands including all waters located on these 
lands, on all navigable and nonnavigable waters within the exterior 
boundaries of the following units, and on inland waters adjacent to the 
exterior boundaries of the following units:
    (A) Alaska Maritime National Wildlife Refuge;
    (B) Alaska Peninsula National Wildlife Refuge;
    (C) Aniakchak National Monument and Preserve;
    (D) Arctic National Wildlife Refuge;
    (E) Becharof National Wildlife Refuge;
    (F) Bering Land Bridge National Preserve;
    (G) Cape Krusenstern National Monument;
    (H) Denali National Preserve and the 1980 additions to Denali 
National Park;
    (I) Gates of the Arctic National Park and Preserve;
    (J) Glacier Bay National Preserve;
    (K) Innoko National Wildlife Refuge;
    (L) Izembek National Wildlife Refuge;
    (M) Katmai National Preserve;
    (N) Kanuti National Wildlife Refuge;
    (O) Kenai National Wildlife Refuge;
    (P) Kobuk Valley National Park;
    (Q) Kodiak National Wildlife Refuge;
    (R) Koyukuk National Wildlife Refuge;
    (S) Lake Clark National Park and Preserve;
    (T) National Petroleum Reserve in Alaska;
    (U) Noatak National Preserve;
    (V) Nowitna National Wildlife Refuge;
    (W) Selawik National Wildlife Refuge;
    (X) Steese National Conservation Area;
    (Y) Tetlin National Wildlife Refuge;
    (Z) Togiak National Wildlife Refuge;
    (AA) White Mountain National Recreation Area;
    (BB) Wrangell-St. Elias National Park and Preserve;
    (CC) Yukon-Charley Rivers National Preserve;
    (DD) Yukon Delta National Wildlife Refuge;
    (EE) Yukon Flats National Wildlife Refuge;
    (FF) all components of the Wild and Scenic River System located 
outside of the boundaries of National Parks, National Preserves or 
National Wildlife Refuges, including segments of the Alagnak River, 
Beaver Creek, Birch Creek, Delta River, Fortymile River, Gulkana River 
and Unalakleet River.
    (ii) [Reserved]
    (2) The regulations contained in Subpart D apply on all public 
lands including all inland waters, located on or bordered by other 
public lands, within or adjacent to the exterior boundaries of the 
following reservations:
    (i) Chugach National Forest
    (ii) Tongass National Forest, including Admiralty Island National 
Monument and Misty Fjords National Monument.
    2. In Subpart A of 36 CFR part 242 and 50 CFR 100, Sec. __.4, the 
Definitions of ``Federal lands'' and ``Public lands or public land'' 
are proposed to be revised to read as follows:
    Federal lands means lands and waters and interests therein the 
title to which is in the United States, including navigable and non-
navigable waters in which the United States has reserved water rights.
    Public lands or public land means:
    (a) Lands situated in Alaska which are Federal lands, except--
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
and lands which have been confirmed to, validly selected by, or granted 
to the Territory of Alaska or the State under any other provision of 
Federal law;
    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act which have not been conveyed to a Native 
Corporation, unless any such selection is determined to be invalid or 
is relinquished; and
    (3) Lands referred to in section 19(b) of the Alaska Native Claims 
Settlement Act.
    (b) Notwithstanding the exceptions in paragraphs (a)(1), (2) and 
(3), of this section until conveyed, all Federal lands within the 
boundaries of a Conservation System Unit, National Recreation Area, 
National Conservation Area, new national forest or forest addition 
shall be treated as public lands for purposes of the regulations in 
this part pursuant to Sec. 906(o)(2) of ANILCA.
    3. In Subpart A of 36 CFR part 242 and 50 CFR 100, Sec. ____.4, new 
definitions of ``inland waters'' and ``reserved water rights'' are 
proposed to be added in alphabetical order as set forth below:
    Inland waters means, for purposes of the regulations in this part, 
those waters located landward of the mean high tide line or waters 
located upstream of the straight line drawn from headland to headland 
across the mouths of rivers or other waters as they flow into the sea. 
Inland waters include, but are not limited to, lakes, reservoirs, 
ponds, creeks, streams and rivers.
    Reserved water right(s) means the Federal right to use the 
unappropriated appurtenant water necessary to accomplish the purposes 
for which a Federal reservation was established. Reserved water rights 
include nonconsumptive and consumptive uses.
    4. Subpart B of 36 CFR part 242 and 50 CFR 100, Sec. ____.10 is 
proposed to be amended by adding the following 
Secs. ____.10(d)(4)(xviii) and ____.10(d)(4)(xix):

Sec. ____.10  Federal Subsistence Board

    (d)(4)(xviii) Determine when hunting, fishing or trapping 
activities which occur on lands or waters in Alaska other than public 
lands interfere with subsistence hunting, fishing or trapping on the 
public lands to such an extent as to result in a failure to provide the 
subsistence priority, and after appropriate consultation with the State 
of Alaska, the regional councils, and other Federal agencies, to 
restrict or eliminate said activities;
    (d)(4)(xix) Identify, in appropriate specific instances, whether 
there exist additional Federal reservations, Federal reserved water 
rights or other Federal interests in lands or waters, including those 
in which the United States holds less than a fee ownership, to which 
the Federal subsistence priority attaches and make appropriate 
recommendations to the Secretaries for inclusion of those interests 
within the Federal subsistence management program.

    Dated: March 29, 1996.
Phil Janik,
Regional Forester, USDA Forest Service.
    Dated: March 29, 1996.
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 96-8188 Filed 4-3-96; 8:45 am]
BILLING CODE 3410-11-M

Complete official Federal Register PDF

FR Doc. 96-8119 Radio Broadcasting Services; Boulder and Lafayette, CO
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Page 15022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8119]

-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 96-64; RM-8747]

Radio Broadcasting Services; Boulder and Lafayette, CO

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document requests comments on a petition for rule making 
filed on behalf of Salem Media of Colorado, Inc., licensee of Station 
KRKS-FM, Channel 234C, Boulder, Colorado, requesting the reallotment of 
Channel 234C to Lafayette, Colorado, as that community's first local 
transmission service, and modification of the authorization for Station 
KRKS-FM to specify Lafayette as its community of license, pursuant to 
the provisions of Section 1.420(i) of the Commission's Rules. 
Coordinates used for Channel 234C at Lafayette are 39-40-35 and 105-29-
09. As the petitioner's modification proposal complies with the 
provisions of Section 1.420(i) of the Commission's Rules, we will not 
accept competing expressions of interest in the use of Channel 234C at 
Lafayette, Colorado, or require the petitioner to demonstrate the 
availability of an additional equivalent class channel.

DATES: Comments must be filed on or before May 21, 1996, and reply 
comments on or before June 5, 1996.

ADDRESSES: Secretary, Federal Communications Commission, Washington, DC 
20554. In addition to filing comments with the FCC, interested parties 
should serve the petitioner's counsel, as follows: James P. Riley, 
Esq., Fletcher, Heald & Hildreth, P.C., 1300 North 17th Street, 11th 
Flr., Rosslyn, VA 22209-3801.

FOR FURTHER INFORMATION CONTACT: Nancy Joyner, Mass Media Bureau, (202) 
418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 96-64, adopted March 8, 
1996, and released March 29, 1996. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the FCC's Reference Center (Room 239), 1919 M Street, NW., 
Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractors, International 
Transcription Service, Inc., (202) 857-3800, 2100 M Street, NW., Suite 
140, Washington, DC 20037.
    Provisions of the Regulatory Flexibility Act of l980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contacts.
    For information regarding proper filing procedures for comments, 
See 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.

Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 96-8119 Filed 4-3-96; 8:45 am]
BILLING CODE 6712-01-F

Complete official Federal Register PDF

FR Doc. 96-8094 Program for Qualifying DOD, Air Freight Forwarders
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15010-15014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8094]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 619

Program for Qualifying DOD, Air Freight Forwarders

AGENCY: Military Traffic Management Command, DOD.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action adds qualifications standards for Air Freight 
Forwarders and establishes a change in the basic agreement between the 
Military Traffic Management Command and Air Freight Forwarders. The 
proposal to amend those qualifications, where appropriate, are 
submitted to be consistent with the Surface Freight Forwarders 
requirements.

DATES: Comments must be received by May 6, 1996.

ADDRESSES: Headquarters, Military Traffic Management Command, ATTN: 
MTOP-QQ, 5611 Columbia Pike, Falls Church, VA 22041-5050.

FOR FURTHER INFORMATION CONTACT:
Mr. Rick Wirtz, telephone: (703) 681-6393.

[[Page 15011]]

SUPPLEMENTARY INFORMATION: Basic information on the Carrier 
Qualification Program was previously published in the Federal 
Register, 53 FR 17970, 54 FR 27667, 55 FR 7361, 55 FR 52976 and 56 
FR 45895 and 57 FR 11376.

Executive Order 12291

    This proposed rule was reviewed under Executive Order 12291 and the 
Secretary of the Army has classified this action as non major. The 
effect of the rule on the economy will be less than $100 million.

Regulatory Flexibility Act

    This proposed rule has been reviewed with regard to the 
requirements of the Regulatory Flexibility Act of 1980 and the 
Secretary of the Army has certified that this action does not have a 
significant impact on a substantial number of small entities. The 
objective of the program is to ensure that DOD obtains safe, 
dependable, and reliable transportation services. The requirements are 
not designed to preclude participation by small businesses. Rather, 
they are part of a mechanism designed to ensure that traffic offered to 
small businesses does not exceed their capabilities. The program's 
reporting and record keeping requirements are essentially 
administrative in nature and do not demand significant expenditures of 
resources such as personnel, computer equipment, or software. No 
professional or technical training is necessary to comply with these 
requirements. Alternatives to facilitate entry of small businesses have 
been identified and implemented.

Paperwork Reduction Act

    This proposed rule is approved by the Office of Management and 
Budget as required under the requirements of the Paperwork Reduction 
Act of 1980 (44 U.S.C. 3507).

List of Subjects in 32 CFR Part 619

    Shipping, Motor vehicles, Safety, Trucks, Common carriers, Freight.

    Accordingly, Part 619 of Title 32 of the Code of Federal 
Regulations is amended by the following changes:
    1. The authority citation for part 619 continues to read as 
follows:

    Authority: 49 U.S.C. 1801-1813, 2503, 2505, and 2509.

    2. In Sec. 619.1, the introductory text is amended by revising the 
first sentence to read as follows:

Sec. 619.1  Introduction.

    Carriers, surface freight forwarders, shipper agents, and air 
freight forwarders interested in qualifying or remaining qualified will 
submit data described in Secs. 619.2 through 619.6 to the appropriate 
area command (Bayonne, NJ or Oakland, CA) based on the location of the 
carrier's headquarters. * * *
* * * * *
    3. Section 619.4, is amended by revising paragraphs (a), (b) 
introductory text and (b)(5) to read as follows:

Sec. 619.4  Insurance--Public liability and cargo.

    (a) Public Liability. Motor carriers, surface freight forwarders, 
shipper agents and air freight forwarders will submit proof of public 
liability insurance to MTMC on a certificate of insurance form issued 
by the insurance company. Expiration dates will not be reflected on the 
certificate, the policy must be continuous until cancelled. However, 
the deductible portion will be shown on the certificate. The insurance 
underwriters must be rated in the Best's Insurance Guide, or listed in 
the Fiscal Service Treasury Department Circular 570, Listing of Surety 
Companies. The certificate holder block of the form will indicate that 
HQMTMC, 5611 Columbia Pike, Falls Church, Virginia 22041-5050, Attn: 
MT-INFF, will be notified, in writing, 30 days in advanced of any 
change or cancellation. The public liability requirements are specified 
in 49 CFR 387.9. Surface freight forwarders and shipper agents will 
submit proof of $1 million public liability (death and bodily injury, 
property damage, and environment restoration).
    (b) Cargo. Motor common carriers, surface freight forwarders, 
shipper agents and air freight forwarders must have their insurance 
company provide a certificate of insurance form. The deductible portion 
will be shown on the certificate. The insurance underwriter must have a 
policyholder's rating in the Best's Insurance Guide, listed in the 
Fiscal Service Treasury Department Circular 570, Listing of Surety 
Companies or specifically approved by HQMTMC. DOD's minimum cargo 
insurance requirements are listed below.
* * * * *
    (5) Surface freight forwarders, shipper agents and air freight 
forwarders--$250,000 per shipment.
    4. Section 619.6 is amended by revising the introductory text and 
paragraph (k) as follows:

Sec. 619.6  Information.

    Motor carriers, surface freight forwarders and shipper agents will 
provide HQMTMC the following information:
    (k) In addition to information contained in (a) through (h) and (o) 
above, exempt surface freight forwarders, shipper agents and air 
freight forwarders must furnish a listing of carriers which they have a 
contract with and intend to use in the movement of government 
shipments. Information must include the complete company name, company 
officials to include their position and title, home office addresses, 
telephone numbers, 24 hour emergency point of contact for shipment 
status, and ICC operating authority number of each carrier.
    5. Section 619.7 is amended by revising paragraph (d) as follows:

Sec. 619.7  Performance Bond.

* * * * *
    (d) Surface Freight Forwarders, Shipper Agents and Air Freight 
Forwarders. Due to the volume of traffic handled by these modes and the 
area normally serviced the bond amount is set at $100,000.
    6. Section 619.8 is revised to read as follows:

Sec. 619.8  Basic Agreement.

    Motor carriers, surface freight forwarders, shipper agents and air 
freight forwarders meeting the qualification requirements of 
Secs. 619.1 through 619.7 will be required to sign the appropriate 
Basic Agreement in the appendices to this part.
    7. A new Appendix G is added to part 619 of the appendices as 
follows:

Appendix G to Part 619--Agreement Between the Military Traffic 
Management Command and Air Freight Forwarders Governing the 
Transportation of General Commodities for and on Behalf of U.S. 
Department of Defense

    1. The undersigned, who is duly authorized and empowered to act on 
behalf of

----------------------------------------------------------------------
(Name of Forwarder, Typed or Legibly Printed)

hereinafter referred to as the forwarder, as a prerequisite for 
consideration for participation in the transport of general commodities 
as an exempt air freight forwarder, for the U.S. Department of Defense 
(DOD), agree to comply with all requirements, terms and conditions as 
set forth in this Agreement. Noncompliance with any provisions of this 
Agreement will be sufficient grounds for immediate revocation of the 
forwarder's privilege to participate in the movement of DOD freight. 
For the purpose of this Agreement, an air freight forwarder is defined 
as a person or company who acts as a common carrier, that is, a carrier 
which holds itself out

[[Page 15012]]
to the general public to provide transportation of property for 
compensation, assembles and consolidates less-than-truckload freight, 
as defined in the Instruction for preparation of Department of Defense 
Standard Tender of Freight Services, MT Form 364-4 (and revisions 
thereto), Part II, and uses for the whole or any part of the line-haul 
transportation the services of regulated motor or air carriers, break 
bulk, and delivers the less-than-truckload freight holding out in its 
own name and under its own responsibility a through transportation 
service from point of receipt to destination.
    2. Approval and Revocation.
    a. Forwarder understands that its initial approval and retention of 
approval are contingent upon establishing and maintaining, to MTMC's 
satisfaction, sufficient resources to support its proposed scope of 
operations and services. Sufficient resources include personnel, 
facilities, carriers with adequate equipment, and finances to handle 
the traffic anticipated by DOD/MTMC under the forwarder's proposed 
scope of operations in accordance with the service requirements of the 
shipper.
    b. The forwarder understands that MTMC may revoke approval at any 
time upon discovery of grounds for ineligibility or disqualification.
    c. In addition to the initial evaluation, the forwarder agrees that 
it will cooperate with MTMC follow-up evaluations at any time 
subsequent to signing this Agreement to confirm continued eligibility.
    d. The forwarder agrees and certifies that neither the owners, 
company, corporate officials, nor any affiliation or subsidiary thereof 
are currently debarred or suspended, disqualified by a MTMC Carrier 
Review Board (CRB), or placed in non-use by MTMC from doing business 
with DOD.
    3. Transportation Protective Services (TPS).
    a. The forwarder agrees and certifies that it will only use 
carriers approved through the carrier qualification program to perform 
the applicable TPS and will not use any carrier which does not meet all 
requirements of this agreement.
    b. Exceptions to the provisions of a. above, pertaining to use of 
TPS carriers only may be approved by MTMC on a case-by-case basis. 
Approval will be based on MTMC review and approval of a detailed plan 
by the forwarder detailing their procedures to insure the continuing 
in-transit security of TPS freight while in possession of non-TPS 
carriers. Carriers used will otherwise be fully approved and 
signatories to this agreement.
    c. Forwarder will enter into formal, written agreements with 
carriers used to transport TPS freight. Agreement will require the 
carrier to notify the forwarder and MTMC operations center at (703) 
681-6125 within two hours of experiencing any unscheduled landing or 
other emergency involving aircraft transporting TPS freight.
    4. Lawful Performance.
    a. Forwarder agrees to comply with all applicable federal, state, 
municipal and other local laws and regulations. No fines, charges, or 
assessments for overloaded vehicles or other violations of applicable 
laws and regulations will be passed to, or be paid by any agency of the 
Federal Government.
    b. The forwarder agrees to keep current and on file a list of all 
carriers to be used in the transport of DOD freight shipments. This 
list will contain, as a minimum, the company's name, president/vice 
president's name, operating authority number, corporate office address, 
telephone number and a designated 24-hour on call point of contact in 
the event of an accident or emergency situation. MTMC can direct 
forwarder not to use specific carriers in the movement of DOD freight 
shipments.
    c. The forwarder further agrees and certifies that it will only use 
carriers that are approved through the carrier qualification program to 
transport DOD freight, and will not use any carrier that has been 
debarred, suspended by the Government or which has been placed on non-
use or disqualified by MTMC from doing business with the DOD for the 
movement of any DOD freight shipments.
    5. Operations. The forwarder agrees and certifies that it is 
operating as a forwarder as defined herein. If incorporated, evidence 
of incorporation, bearing the official seal of the state in which 
filed, Articles of Incorporation, listing all the officers of the 
corporation is attached and certified to be true, correct and current.
    6. Insurance.
    a. The forwarder agrees to maintain a minimum of $1,000,000 public 
liability insurance and $250,000 cargo insurance for loss and damage of 
Government freight. A copy of the certificate of insurance must be on 
file with MTMC, ATTN: MTOP-QQ, prior to any performance of service by 
the forwarder.
    b. The insurance, carried in the name of the forwarder, will be in 
force at all times while this Agreement is in effect or until such time 
as the forwarder cancels all tenders. The forwarder cancels all 
tenders. The forwarder agrees to ensure that the policies include a 
provision requiring the insurer to notify MTMC prior to any performance 
of service by the carrier. The certificate holder block of the form 
will indicate that MTMC, 5611 Columbia Pike, Falls Church, Virginia 
22041-5050, ATTN: MTOP-QQ, will be notified in writing, 30 days in 
advance of any change or cancellation. The deductible portion will be 
provided on the certificate.
    c. The insurance underwriter must have a policy/holder's rating in 
the Best's Insurance Guide, listed in the Fiscal Service Treasury 
Department Circular 570, Listing of Surety Companies. Self-Insurance 
will not be accepted.
    7. Performance Bond.
    a. Forwarder agrees to provide MTMC with a Performance Bond. The 
bond secures performance and fulfillment of the forwarder's obligation. 
It will cover default, abandoned shipments, bankruptcy and 
reprocurement costs. The bond will not be utilized for operational 
problems such as late pick up or delivery, excessive transit time, 
refusals, no shows, improper or inadequate equipment or claims for lost 
or damaged cargo. The bond must be issued by a surety company listed in 
the Fiscal Service, Treasury Department Circular No. 570. The sum of 
the bond shall be no less than $100,000. The bond must be completed on 
the form provided by MTMC and will be continuous until canceled. MTMC 
will be notified, in writing, 30 days in advance of any change or 
cancellation. A letter of intent by the surety company is required with 
the initial application. Upon MTMC approval forwarder will submit the 
performance bond before the Tender of Service will be accepted.
    8. Safety.
    a. The forwarder agrees not to use any carrier that has an 
``unsatisfactory'' safety rating with the Federal Highway 
Administration, Department of Transportation, and if it is an 
intrastate motor carrier, with the appropriate state agency.
    b. Shipments will be delivered in direct service without delay to 
the destination shown on the Government Bills of Lading unless 
consignee or consignor directs diversion of the shipment to a new or 
different destination. Deliveries will be made during the shipper's 
normal business hours.
    c. The forwarder agrees to not divulge any information to 
unauthorized persons concerning nature and movement of any shipment 
tendered to it.

[[Page 15013]]

    d. The forwarder agrees to notify within 24-hours, the consignor 
and consignee named by the Government Bill of Lading (GBL) or 
Commercial Bill or Lading (CBL) of cargo loss, damage, or unusual 
delay. Information reported will include origin/destination, GBL/CBL. 
number, shipping paper information, time and place of occurrence, and 
other pertinent details. Upon request, the forwarder agrees to ensure 
MTMC is furnished a coy of accident reports submitted to Department of 
Transportation on Form MCS 50-T (Property).
    e. The forwarder agrees to have in place a company-wide safety 
management program. Forwarder safety program will comply with 
applicable Federal, State, and local statutes or requirements. Safety 
programs at the company-wide or terminal level may be subject to 
evaluation by DOD representatives. The forwarder further agrees to 
permit unannounced safety inspections of its facilities, terminals, 
equipment, employees, and procedures by DOD civilian, military 
personnel, or DOD contract employees.
    9. Reserved.
    10. Equipment.
    a. The forwarder agrees to ensure, equipment is spotted for loading 
at the time and place requested. Civil Reserve Air Fleet (CRAF) 
carriers will be used whenever possible for the movement of DOD 
freight. The Government reserves the right to reject the utilization of 
any equipment placed for loading by the forwarder it does not, upon 
inspection, meet specifications and requirements for the particular 
shipment involved (sizes, cube, cleanliness, mechanical condition, 
etc.).
    11. Shipment.
    a. Further, the forwarder agrees to not divulge any information to 
unauthorized persons concerning the nature and movement of any DOD 
shipment.
    12. Documentation.
    a. Forwarder agrees to accept Government Bills of Lading on which 
freight charges will be paid by the Government, and will be bound by 
the terms and conditions stated thereon.
    b. The forwarder agrees to comply with the provisions of 
documentation prelodging in effect at Military Terminals which cargo is 
consigned for further movement overseas. (Prelodging is the submission 
of advance shipment documents that identifies the shipment to the 
Military Terminals prior to arrival of the cargo at the terminal to 
permit preparation of the terminal documentation.) Instructions will be 
provided by the consignees to furnish certain data at least 24 hours in 
advance of cargo arrival at the terminal.
    13. Loss & Damage.
    a. The forwarder agrees to be fully liable for delivery of all 
cargo in the same condition as received at origin, except loss or 
damage caused by act of God, public enemy act, omission of shipper, 
inherent vice or detrimental changes due to nature of commodity, or 
natural shrinkage. Forwarder agrees to settle promptly, claims for loss 
or damage. The forwarder also agrees to provide the status of any 
shipment tendered to them within 24-hours after an inquiry is made.
    14. Standard Tender of Service.
    a. The forwarder agrees to comply with the preparation and filing 
instructions and applicable freight traffic rules publications issued 
by MTMC. Forwarder understands that MTMC will reject tenders not in 
compliance with these instructions.
    b. Forwarder agrees to publish a street address where the company 
office is located in lieu of a post office box number. Military Traffic 
Management Command must be advised of any change in address. Failure to 
do so is grounds to discontinue the use of the forwarder.
    c. Forwarder understands that tenders inadvertently accepted and 
distributed for use and not in compliance with this agreement, the 
provisions contained in the Standard Tender of Freight Services (MT 
Form 364-R), or the applicable, MTMC Freight Traffic Rules Publication, 
and supplements thereof, will be subject to immediate removal or non-
use until corrections are made. The issuing forwarder will be advised 
when tenders are removed under these circumstances.
    15. Rates
    a. Forwarder agrees to transport Government shipments at its lowest 
effective charge named in the tender applicable on the commodity 
transported, whether or not the rate tender is referenced on the GBL.
    b. The forwarder agrees to publish through rates guaranteed for at 
least 30 days. These rates must be filed with TRANSCOM

.---------------------------------------------------------------------
The forwarder must publish all rates, changes, and accessorial services 
on a ``Department of Defense Standard Tender of Freight Services'', MT 
Form 364-R and must comply with the tender preparation instructions. 
(Only services annotated with a charge in the tender will be paid by 
the shipper.)
    c. The forwarder agrees to promptly refund all uncontested 
overcharges to the Government and authorizes the Government to deduct 
the amount of overcharges from any amount subsequently found to be due 
the forwarder.
    d. The Government reserves the right to pursue administrative 
claims directly with forwarders under the Interstate Commerce Act or 
other authorities.
    16. Carrier Performance.
    a. Forwarder agrees that its performance, and standards of service 
will conform with its obligations under Federal, State and local law 
and regulation as well as with the guidelines found in the Defense 
Traffic Management Regulation (DTMR) and this Agreement. The forwarder 
fully understands its obligation to remain current in its knowledge of 
service standards. The forwarder accepts the Government's right to 
revoke declare ineligible, non-use, or disqualify the carrier for 
unsatisfactory service for any operating deficiency, noncompliance with 
terms of this Agreement or terms of any negotiated agreements, tariffs, 
tenders, bills of lading or similar arrangements, tariffs, tenders, 
bills of lading or similar arrangements determining the relationship of 
the parties, or for the publication or assessment of unreasonable 
rates, charges, rules, descriptions, classifications, practices, or 
other unreasonable provisions of tariffs and tenders. Rules governing 
the Carrier Performance Program are found in MTMC Regulation 15-1, and 
Army Regualtion5 5-355, DTMR. If a forwarder is removed or disqualified 
for 6 months or more, it will have to re-qualify.
    b. Failure or nonperformance by the forwarder with any of the terms 
or conditions of service will constitute a breach of this Agreement. 
Government reserves the right to disqualify the forwarder for 
unsatisfactory service until such time as the forwarder establishes to 
the satisfaction of DOD that the operating or other deficiency(s) has 
been corrected.
    17. General Provisions. That the forwarder must have a valid 
Standard Carrier Alpha Code (SCAC) and use it on all DOD billing 
documents to identify the forwarder. When a company holding the 
appropriate authority has operating divisions each with its own unique 
SCAC, each such division is required to execute a separate agreement 
with MTMC governing the transportation of protected commodities.
    18. Terms of the Agreement.
    a. The terms of this Agreement will be applicable to each shipment.
    b. This Agreement shall be effective the date of acknowledgement by 
the Military Traffic Management Command,

[[Page 15014]]
until terminated upon receipt of written notice by either party.
    c. Nothing in this Agreement will be construed as a guarantee by 
the Government of any particular volume of traffic.
    d. The forwarder agrees to immediately notify MTMC of any changes 
in ownership, in affiliations, executive officers, and/or board members 
and forwarder name. Forwarder understands that failure to notify MTMC 
shall be grounds for immediate revocation of the forwarder's approval 
and their participation the movement of DOD freight.
    19. Additional Specialized Requirements. The terms of this 
Agreement will not prevent different or additional requirements with 
respect to negotiated agreements or added requirements for other types 
of service and/or commodities.
    20. Inquiries. Inquiries may be referred to Commander, Military 
Traffic Management Command, Attention: MTOP-QQ, 5611 Columbia Pike, 
Falls Church, Virginia 22041-5050.
    21. Forwarder Acknowledgment and acceptance.
    a. The undersigned forwarder official, by affixing signature 
hereto, states that he has read and understands the general and 
specific terms and condition of service outlined and agrees to provide 
service in accordance with such terms or conditions. Any information 
found to be falsely represented in the Qualification Form the 
attachments or during the qualification procedures, to include 
additional requirements of this Agreement, shall be grounds for 
automatic revocation of this Agreement and immediate non-use of the 
forwarder, the affiliated companies, division and entities.
    Forwarder's Acknowledgment/Acceptance:

I, ____________________________________,
(Typed name and title of forwarder official)

verify under penalty of perjury under the laws of the United States 
of America, that the information contained in the forwarder 
qualification application packet and this Agreement is true, correct 
and complete. If representing a company or organization, I certify 
that I am qualified and authorized to offer this information. I know 
that willful misstatements or omissions of material facts constitute 
Federal criminal violations punishable under 18 U.S.C. 1001 by up to 
5 year's imprisonment and fines up to $10,000 for each offense, or 
punishable as perjury under 18 U.S.C. 1621 by fines up to $2,000 or 
imprisonment up to 5 years for each offense. Further I understand 
the requirements of this Agreement and on behalf of

----------------------------------------------------------------------
(Typed name of forwarder)

comply with the terms and conditions contained herein.

----------------------------------------------------------------------
Signature of Forwarder Official and Title

Date:------------------------------------------------------------------

Forwarder Address:

----------------------------------------------------------------------

----------------------------------------------------------------------

Telephone Number:------------------------------------------------------

24-hr Emergency Number:------------------------------------------------

Military Traffic Management Command Acknowledgment/Acceptance

Signature:-------------------------------------------------------------

Title:-----------------------------------------------------------------

Date Approved:---------------------------------------------------------
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 96-8094 Filed 4-3-96; 8:45 am]
BILLING CODE 3710-08-M

Complete official Federal Register PDF

FR Doc. 96-7916 Approval and Promulgation of Implementation Plan; Wisconsin
[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Proposed Rules]
[Pages 15018-15019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7916]

=======================================================================
-----------------------------------------------------------------------

[[Page 15019]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI62-01-7145b; FRL-5450-2]

Approval and Promulgation of Implementation Plan; Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA proposes to approve a revision to the Wisconsin State 
Implementation Plan (SIP) for ozone that was submitted on May 12, 1995 
and later supplemented on June 14, 1995. This revision consists of a 
volatile organic compound (VOC) regulation to control emissions from 
wood furniture coating operations in ozone nonattainment areas 
classified as moderate or worse. In the final rules of this Federal 
Register, the EPA is approving this action as a direct final without 
prior proposal because EPA views this as a noncontroversial action and 
anticipates no adverse comments. If no adverse comments are received in 
response to that direct final rule, no further activity is contemplated 
in relation to this proposed rule. If EPA receives adverse comments, 
the direct final rule will be withdrawn and all public comments 
received will be addressed in a subsequent final rule based on this 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this document 
should do so at this time.

DATES: Comments on this proposed action must be received by May 6, 
1996.

ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), EPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590.

FOR FURTHER INFORMATION CONTACT: Douglas Aburano. (312) 353-6960.

SUPPLEMENTARY INFORMATION: For additional information, see the Direct 
Final rule which is located in the Rules section of this Federal 
Register. Copies of the request and the EPA's analysis are available 
for inspection at the following address: (Please telephone Douglas 
Aburano at (312) 353-6960 before visiting the Region 5 office.) EPA, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604-3590.

    Authority: 42 U.S. C. 7401-7671q.
    Dated: February 2, 1996.
Michelle D. Jordan,
Acting Regional Administrator.
[FR Doc. 96-7916 Filed 4-3-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

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