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/ Thursday, July 24, 2008
[Federal Register: July 24, 2008 (Volume 73, Number 143)]
[Proposed Rules]
[Page 43171-43175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy08-18]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 50
[Docket No. APHIS-2006-0193]
RIN 0579-AC65
Tuberculosis; Require Approved Herd Plans Prior to Payment of
Indemnity
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations regarding the
payment of indemnity for animals destroyed because of bovine
tuberculosis to provide that an approved herd plan must be in place
prior to the payment of indemnity, and to provide that 10 percent of
the gross indemnity payment be withheld by the Animal and Plant Health
Inspection Service until the conditions of an approved herd plan have
been implemented. We are also proposing to amend the regulations to
deny payments of Federal indemnity for a herd whose owner has failed to
follow the provisions of an approved herd plan, or has violated the
conditions of an approved herd plan. We believe these proposed changes
would further tuberculosis eradication efforts in the United States and
protect livestock not affected with tuberculosis from the disease.
DATES: We will consider all comments that we receive on or before
September 22, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0193 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2006-0193, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2006-0193.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Senior Staff
Veterinarian, National Tuberculosis Eradication Program, VS, APHIS,
2150 Centre Avenue, Building B, MS 3E20, Ft. Collins, CO 80526; (970)
494-7378.
SUPPLEMENTARY INFORMATION:
Background
Federal regulations implementing the National Cooperative State/
Federal Bovine Tuberculosis Eradication Program for bovine tuberculosis
in livestock are contained in 9 CFR part 77, ``Tuberculosis,'' and in
the ``Uniform Methods and Rules--Bovine Tuberculosis Eradication''
(UMR), January 22, 1999, edition, which is incorporated by reference
into the regulations in part 77. Additionally, the regulations in 9 CFR
part 50 (referred to below as the regulations) provide for the payment
of indemnity to owners of certain animals destroyed because of
tuberculosis in order to encourage destruction of animals that are
infected with, or at significant risk of being infected with, the
disease.
Since 1998, a total of 78 livestock herds have become affected with
tuberculosis in the United States, and at least 4 of these herds were
on premises where herds previously had been affected with tuberculosis
and had either been depopulated and the herd owners paid Federal and
State indemnity or undergone the approved quarantine, test, and removal
program. Research has shown that there are ways to mitigate the spread
of infection from wildlife to livestock, and herd plans have been
developed for numerous herds specifying the mitigations that owners
must implement to prevent reinfection.
In order to place more responsibility on owners to adhere to
prescribed mitigation measures and protect their herds from
reinfection, we are proposing to amend the regulations
[[Page 43172]]
regarding the payment of indemnity for animals destroyed because of
bovine tuberculosis to provide that an approved herd plan be in place
prior to the payment of indemnity, and to provide that 10 percent of
the gross indemnity payment will be withheld by the Animal and Plant
Health Inspection Service (APHIS) until the conditions of the herd plan
have been implemented. We are also proposing to amend the regulations
to deny payments of Federal indemnity for herds whose owners have
failed to follow the provisions of an approved herd plan, or have
violated the conditions of an approved herd plan. We believe that by
linking implementation of an approved herd plan and compliance with it
to eligibility for Federal indemnity, we would further tuberculosis
eradication efforts in the United States and protect livestock not
affected with tuberculosis from the disease.
Approved Herd Plans
An approved herd plan is a herd management and testing plan based
on the disease history and movement patterns of an individual herd,
designed by the herd owner and a State representative or APHIS
representative to determine the disease status of livestock in the herd
and to eradicate tuberculosis within the herd. The plan must be jointly
approved by the State animal health official and the Veterinarian in
Charge. The herd plan must include appropriate herd test frequencies,
tests to be employed, and any additional disease management or herd
management practices deemed necessary to eradicate tuberculosis from
the herd and prevent further spread of infection in an efficient and
effective manner. Approved herd plans generally require a change in
herd management, construction of barriers, pest control, and, in some
cases, additional surveillance for tuberculosis on the owner's
property. Thus, in most cases, compliance with an approved herd plan
will be evident during a site visit and would not require the owner to
provide any additional information or documentation.
Approved Herd Plans Linked to Indemnity
The existing regulations do not require herd owners who have
tuberculosis-infected livestock to have an approved herd plan, nor do
the regulations penalize owners whose subsequent failure to follow an
approved herd plan results in reinfection of the herd or the infection
of a replacement herd.
For owners that agree to follow an approved herd plan, the proposed
rule would not change the amount of indemnity for which the herd owner
is eligible; it would merely provide that only 90 percent of the gross
indemnity payment be made after a herd plan has been approved and that
10 percent of the gross indemnity payment be withheld until the herd
plan is effectively implemented. This change would provide owners with
a strong incentive for participation because eligibility for Federal
indemnity payments would be linked to participation in the program.
This change would also provide an incentive for States to enforce
approved herd plans and take action if owners are not adhering to them.
The incentive to do so comes from the indirect effect of not having
Federal indemnity available. Under sec. 10407(d) of the Animal Health
Protection Act (AHPA) (7 U.S.C. 8306(d)), no payment of indemnity will
be made for ``any animal, article, facility, or means of conveyance
that becomes or has become affected with or exposed to any pest or
disease of livestock because of a violation of an agreement for the
control and eradication of diseases or pests [such as an approved herd
plan] or a violation of this subtitle [i.e., the AHPA] by the owner.''
Accordingly, if a herd was to become reinfected as a result of a herd
owner's failure to follow an approved herd plan and, pursuant to the
AHPA, the owner was denied Federal indemnity, the affected State would
have to pay the costs of indemnity or the herd would remain in place
under quarantine. If a sufficient number of affected herds were
detected and not depopulated, it could ultimately result in a downgrade
of the State's tuberculosis status.
Similar Disease Programs
While these proposed changes would be new to the tuberculosis
eradication program, similar strategies have been used in other plant
and animal disease programs. Two such programs include the cooperative
infectious salmon anemia (ISA) control program administered by APHIS
and the State of Maine, and the voluntary control programs for low
pathogenicity H5 and H7 avian influenza in poultry (LPAI). These
programs provide strong incentives for participation because
eligibility for Federal indemnity payments is linked to participation
in the programs.
Regulations in 9 CFR part 53 provide that, in order for producers
in the State of Maine to receive indemnity for fish destroyed because
of ISA, claimants must participate fully in the cooperative ISA control
program described in Sec. 53.10(e). An economic analysis we prepared
in connection with the rulemaking that established those regulations
cited several benefits that flowed from those requirements, including
reduced costs to the Maine salmon industry from animal mortality, costs
from possible State regulatory actions, and trade restrictions on U.S.
salmon product exports. In addition, an aggressive program early on,
while the number of known affected pens was reasonably small, obviated
the need for higher future Federal costs to contain a more widespread
outbreak. As a result of the ISA program, one-half of Maine's salmon
industry (along the West Coast of Cobscook Bay) avoided exposure to
ISA.
Similarly, the regulations for the control of H5/H7 LPAI and a new
indemnity program (9 CFR parts 56, 146, and 147) as part of the
National Poultry Improvement Plan (NPIP) provide for the authority to
pay indemnity of 100 percent of eligible costs associated with
eradication of H5 and H7 LPAI for most participating producers and
provide for the establishment of cooperative agreements with
participating States through which States are eligible to receive 100
percent of the costs covered under the cooperative agreements. However,
to qualify for 100 percent compensation, both the State and producers
must participate in the LPAI control program; otherwise the
compensation rate is only 25 percent. We believe that limiting
indemnity payments to only 25 percent of associated costs serves as an
incentive for participation in the voluntary control program for those
few commercial poultry producers and States that do not participate in
the NPIP and for those breeding poultry producers who participate in
NPIP but not in its LPAI programs. Thus, given the expected
participation rates among commercial growers and States, nearly all
producers and States will qualify for 100 percent indemnification in an
H5 or H7 outbreak.
Payment to Owners for Animals Destroyed
Section 50.3 of the regulations provides that we will pay indemnity
to owners for cattle, bison, or captive cervids destroyed because of
bovine tuberculosis, and sets a limit on the amount of joint State-
Federal indemnity payment the owner receives when the animals are
slaughtered.
We propose to amend Sec. 50.3 by adding a new paragraph (c) that
would provide for the payment of 90 percent
[[Page 43173]]
of the gross indemnity amount for which the herd owner is eligible
after a herd plan has been approved. APHIS would withhold the remaining
10 percent of the gross indemnity until the Veterinarian in Charge or
official designated by him has conducted a site visit and has found
that the herd owner has implemented the approved herd plan.
Claims for Indemnity
Section 50.12 includes provisions for making a claim for indemnity
for cattle, bison, or captive cervids destroyed because of
tuberculosis. Currently, the regulations provide that payment will be
made only if the APHIS indemnity claim form has been approved by a
proper State official and if payment of the claim has been recommended
by the appropriate Veterinarian in Charge or an official designated by
him. We would amend this section by adding the requirement that an
approved herd plan be jointly completed by the herd owner and the State
or Federal veterinarian as required under Sec. 50.3(c) before a
claimant may receive indemnity.
Claims Not Allowed
Section 50.14 provides that claims for compensation for cattle,
bison, or captive cervids destroyed because of tuberculosis will not be
allowed under certain specified conditions. For instance, indemnity
will not be allowed if all cattle, bison, or captive cervids in the
claimant's herd have not been tested for tuberculosis, except under
certain specified conditions. Nor will claims be paid if there is
substantial evidence that the owner of the animals has attempted to
obtain indemnity unlawfully or improperly.
We are proposing to amend the regulations in Sec. 50.14 to ensure
that producers have in place, and comply with the requirements of, an
approved herd plan in order to receive Federal indemnity payments for
livestock destroyed because of tuberculosis. We would add a new
paragraph (h) to provide that claims for compensation will not be
allowed unless an approved herd plan is in place that has been jointly
approved by the herd owner(s) and/or their representative(s) and a
State or Federal veterinarian as required under Sec. 50.3(c). We would
also add a new paragraph (i) to provide that claims for indemnity for
livestock that have become reinfected with or exposed to tuberculosis
because the claimant has failed to follow the provisions of an approved
herd plan or has otherwise violated the conditions of an approved herd
plan will not be allowed.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
We are proposing to amend the regulations regarding the payment of
indemnity for animals destroyed because of bovine tuberculosis to
provide that an approved herd plan must be in place prior to the
payment of indemnity, and to provide that 10 percent of the gross
indemnity amount be held by APHIS until the conditions of an approved
herd plan have been implemented. We are also proposing to amend the
regulations to deny payments of Federal indemnity for a herd whose
owner has failed to follow an approved herd plan, or has violated the
conditions of an approved herd plan. We believe these proposed changes
would further tuberculosis eradication efforts in the United States and
protect livestock not affected with tuberculosis from the disease.
For this rule, we have prepared an economic analysis. The analysis
considers the potential economic effects of the proposed changes on
small entities, as required by the Regulatory Flexibility Act, and
provides a discussion of the potential costs and benefits, as required
by Executive Order 12866.
The economic affects associated with the proposed changes are
likely to be limited. There are about 1 million cattle herds in the
United States. Over the past 5 years, only about 1 out of every 100,000
cattle herds in the United States have been affected by bovine
tuberculosis (table 1). Since 1998, there have been 78 tuberculosis-
infected livestock herds in the United States. Of the 78 infected
herds, 4 were on premises that had previously contained tuberculosis-
infected herds. Had the provisions we are proposing in this document
been in place, these four herds would have been denied Federal
indemnity only if the herd owners had not followed specific
requirements in the herd plan intended to prevent reinfection. Herd
plans have been used for many years in the tuberculosis program.
Because herd plans are routinely used and because this proposed rule
would not change the amount of the indemnity for which the herd owner
is eligible, the costs associated with the proposed changes in terms of
forgone indemnity payments are expected to be minimal.
Table 1.--Number of Bovine Tuberculosis (TB) Cases Not of Foreign Origin Per Year and Percentage of U.S. Herds
Affected, Fiscal Years 2003-2007
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Number of Percentage of
positive TB Total number U.S. cattle
Fiscal year cases not of of U.S. cattle herds affected
foreign origin herds by TB \1\
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2003.......................................................... 11 1,013,570 < 0.0011
2004.......................................................... 14 989,460 < 0.0015
2005.......................................................... 13 982,510 < 0.0014
2006.......................................................... 2 971,400 < 0.0002
2007.......................................................... 9 971,400 < 0.0010
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Source: Adapted from the table at http://www.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/
downloads/tb_erad.pdf.
\1\ Two or more positive tuberculosis cases may have the same herd of origin.
Since 2001, APHIS has paid $91 million in tuberculosis indemnities.
The amount paid out in indemnities depends on a number of variables
specific to each individual herd. Experience demonstrates that
reasonable estimates of indemnity payments per animal range from $1,000
to $1,200 for beef cattle and from $2,100 to $2,300 for dairy cattle.
Records show that over the last decade, the average tuberculosis-
affected dairy herd contained about 2,150 animals, and the average
tuberculosis-affected beef herd contained about 170 animals. Based on
[[Page 43174]]
these ranges for indemnity payments, the depopulation of a single
reinfected beef herd of average size could cost the Federal government
between $170,000 and $200,000 in indemnities, and the depopulation of a
single reinfected dairy herd of average size could cost between $4.5
million and $4.9 million in indemnities.
The four premises where reinfections have occurred contained small
numbers of cattle; the herds were about half as large as the average
beef herd and less than one-twenty-fifth as large as the average dairy
herd. A total of about $250,000 in indemnities was paid for the
depopulation of reinfected herds on these four premises. As noted
previously, these four herds would have been denied Federal indemnity
under the provisions we are proposing if the herd owners had not
followed specific requirements in the herd plan intended to prevent
reinfection. By linking implementation of an approved herd plan and
compliance with it to eligibility for Federal indemnity, we will place
more responsibility on owners to adhere to prescribed mitigation
measures and protect their herds from reinfection. We believe this
would further tuberculosis eradication efforts in the United States and
protect livestock not affected with tuberculosis from the disease.
According to Small Business Administration (SBA) size standards for
beef cattle ranching and farming (North American Industry
Classification System [NAICS] 112111) and for dairy cattle and milk
production (NAICS 112120), operations with not more than $750,000 in
annual sales are considered small entities. Less than 4 percent of
farms in the United States have sales of more than $500,000. Because
most farms in the United States are considered small by SBA standards,
farm operations potentially affected by the proposed changes are likely
to be small.
As noted previously, since 1998, there have been 78 livestock herds
infected with tuberculosis in the United States. This is a very small
portion of the total number of livestock herds. The proposed changes
would only affect those premises that become reinfected with
tuberculosis and are found to have not followed a herd plan to prevent
reinfection. For owners that do follow a herd plan, the proposed rule
would not change the amount of indemnity for which the herd owner would
be eligible; it would merely provide that 90 percent of the gross
indemnity payment be made after the herd plan has been approved and
that 10 percent of the gross indemnity payment be held until the herd
plan is implemented.
As an alternative to the proposed changes, we considered
maintaining the status quo. Although the existing regulations provide
for the use of approved herd plans as a post-exposure management tool,
those regulations do not require the implementation of herd plans in
order for herd owners who have tuberculosis-infected livestock to
qualify for indemnity payments, nor do the regulations penalize owners
whose subsequent failure to follow an approved herd plan results in
reinfection of the herd or the infection of a replacement herd. Since
1998, a total of 78 livestock herds have become affected with
tuberculosis in the United States, and at least 4 of these herds were
on premises where herds previously had been affected with tuberculosis
and had either been depopulated and the herd owners paid Federal and
State indemnity or undergone the approved quarantine, test, and removal
program. Therefore, leaving the regulations unchanged would be
unsatisfactory, because it would perpetuate the current situation,
i.e., one in which premises become re-infected because owners fail to
implement approved herd plans.
As another alternative to the proposed changes, we considered a
different set of payment criteria than is proposed. While it is
possible to propose other payment options to withhold a larger or
smaller percent of the Federal indemnity until the herd plan is
implemented, APHIS seeks to strike a reasonable balance between making
timely payment for herds that are depopulated and providing an
incentive for herd owners to follow the provisions of herd plans. As
such, requiring that 10 percent of the gross indemnity payment be
withheld until the conditions of an approved herd plan have been
implemented is a reasonable balance that addresses both objectives.
Nevertheless, we invite public comment on the proposed rule,
including any comment on the expected impacts for small entities, and
on how the proposed rule could be modified to reduce expected costs or
burdens for small entities consistent with its objectives. Any comment
suggesting changes to the proposed criteria should be supported with an
explanation of why the changes should be considered. Given that a very
small number of herd owners would be affected and the amount of
indemnity would not change, the changes we are proposing are not likely
to have any measurable economic effects. They would, however, increase
the incentive for herd owners to comply with herd plans and therefore
would reduce the likelihood of reinfection, which in turn would reduce
the amount of Federal funds paid in indemnification. For producers
generally, the proposed changes would help achieve the national goal of
tuberculosis eradication.
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 12988
This proposed rule has been reviewed under Executive Order 12988,
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. APHIS-
2006-0193. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0193, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, 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 proposed rule would require that an approved herd plan must be
in place prior to the payment of indemnity for animals destroyed
because of bovine tuberculosis, and to provide that 10 percent of the
gross indemnity payment be withheld by the Animal and Plant Health
Inspection Service until the
[[Page 43175]]
conditions of an approved herd plan have been effectively implemented,
and the Veterinarian in Charge or official designated by him has
conducted a site visit to attest that the herd owner is in compliance
with the approved herd plan.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will 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; and
(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 of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 25 hours per response.
Respondents: Bovine herd owners and State animal health officials.
Estimated annual number of respondents: 20.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 20.
Estimated total annual burden on respondents: 500 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
851-2908.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 9 CFR Part 50
Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting
and recordkeeping requirements, Tuberculosis.
Accordingly, we propose to amend 9 CFR part 50 as follows:
PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS
1. The authority citation for part 50 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
2. Section 50.3 is amended by adding a new paragraph (c) to read as
follows:
Sec. 50.3 Payment to owners for animals destroyed.
* * * * *
(c) In each case, the herd owner must cooperate with a State
representative or an APHIS representative in the development of an
approved herd plan in order for the owner to be eligible to receive
indemnity for livestock destroyed because of tuberculosis. Once a herd
plan is approved, the herd owner will be eligible for a payment of 90
percent of the gross indemnity amount. The Department will withhold the
remaining 10 percent of the gross indemnity amount until the
Veterinarian in Charge or official designated by him has conducted a
site visit \1\ and has found that the herd owner has implemented the
approved herd plan.
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\1\ A herd owner may request a site visit conducted by the
Veterinarian in Charge. The location of the Veterinarian in Charge
may be obtained by writing to National Center for Animal Health
Program, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737, or
by referring to the local telephone book.
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3. In Sec. 50.12, the third sentence is revised to read as
follows:
Sec. 50.12 Claims for indemnity.
* * * Payment will be made only if the APHIS indemnity claim form
has been approved by a proper State official, if payment of the claim
has been recommended by the appropriate Veterinarian in Charge or
official designated by him, and if a herd plan has been jointly
approved by the herd owner(s) and/or their representative(s) and a
State or Federal veterinarian as required under Sec. 50.3(c). * * *
4. Section 50.14 is amended by adding paragraphs (h) and (i) to
read as follows:
Sec. 50.14 Claims not allowed.
* * * * *
(h) The claimant does not have an approved herd plan in place that
has been jointly approved by the herd owner(s) and/or their
representative(s) and a State or Federal veterinarian as required under
Sec. 50.3(c).
(i) The herd or replacement herd has become reinfected with or
exposed to tuberculosis because the claimant has failed to follow the
provisions of an approved herd plan or has otherwise violated the
conditions of an approved herd plan.
Sec. 50.20 [Amended]
5. Section 50.20 is amended by redesignating footnote 3 as footnote
2.
Done in Washington, DC, this 18th day of July 2008.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. E8-16949 Filed 7-23-08; 8:45 am]
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