Tuberculosis in Cattle and Bison; State Designation

SUMMARY: We are amending the tuberculosis regulations concerning the

interstate movement of cattle and bison by raising the designation of

New York from a modified accredited State to an accredited-free State.

We have determined that New York meets the criteria for designation as

an accredited-free State.

DATES: Interim rule effective on June 6, 1994. Consideration will be

given only to comments received on or before August 5, 1994.

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

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 94-047-1. 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. Ronald A. Stenseng, Senior Staff

Veterinarian, Cattle Diseases and Surveillance Staff, Veterinary

Services, APHIS, USDA, room 729, Federal Building, 6505 Belcrest Road,

Hyattsville, MD 20782, (301) 436-8715.

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis is the contagious, infectious, and communicable

disease caused by Mycobacterium bovis. The tuberculosis regulations,

contained in 9 CFR part 77 (referred to below as the regulations),

regulate the interstate movement of cattle and bison because of

tuberculosis. Cattle or bison not known to be affected with or exposed

to tuberculosis are eligible for interstate movement without

restriction if those cattle or bison are moved from jurisdictions

designated as accredited-free States or modified accredited States. The

regulations restrict the interstate movement of cattle or bison not

known to be affected with or exposed to tuberculosis if those cattle or

bison are moved from jurisdictions designated as nonmodified accredited

States.

The status of a State is based on its freedom from evidence of

tuberculosis, the effectiveness of the State's tuberculosis eradication

program, and the degree of the State's compliance with the standards

contained in the ``Uniform Methods and Rules--Bovine Tuberculosis

Eradication,'' which is part of the regulations via incorporation by

reference in part 77. A State must have no findings of tuberculosis in

any cattle or bison in the State for at least 5 years in order to be

designated as an accredited-free State.

Before publication of this interim rule, New York was designated in

Sec. 77.1 of the regulations as a modified accredited State. However,

New York now meets the requirements for designation as an accredited-

free State. Therefore, we are amending the regulations by removing New

York from the list of modified accredited States in Sec. 77.1 and

adding it to the list of accredited-free States in that section.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. Immediate action is

warranted, as New York currently meets the criteria for designation as

an accredited-free State. This action provides prospective cattle and

bison buyers with accurate and up-to-date information, which may affect

the marketability of cattle and bison since some prospective buyers

prefer to buy cattle and bison from accredited-free States.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon publication in the Federal Register. We will consider

comments that are received within 60 days of publication of this rule

in the Federal Register. After the comment period closes, we will

publish another document in the Federal Register. It will include a

discussion of any comments we receive and any amendments we are making

to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

This interim 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.

There are approximately 21,000 cattle herds in New York, with a

total of about 1,560,000 cattle. An estimated 90 percent of these herds

are owned by small entities. Changing the status of New York may affect

the marketability of cattle and bison from the State, since some

prospective cattle and bison buyers prefer to buy cattle and bison from

accredited-free States. This may result in some beneficial economic

impact on some small entities. However, based on our experience in

similar designations of other States, the impact should not be

significant.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant 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 rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are in conflict with this rule; (2) has no retroactive

effect; and (3) does not require administrative proceedings before

parties may file suit in court challenging this rule.

Paperwork Reduction Act

This document contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 77

Animal diseases, Bison, Cattle, Reporting and recordkeeping

requirements, Transportation, Tuberculosis.

Accordingly, 9 CFR part 77 is amended as follows:

PART 77--TUBERCULOSIS

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

Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,

134f; 7 CFR 2.17, 2.51, and 371.2(d).

Sec. 77.1 [Amended]

2. In Sec. 77.1, in the definition for Modified accredited state,

paragraph (2) is amended by removing ``New York,''.

Sec. 77.1 [Amended]

3. In Sec. 77.1, in the definition for Accredited-free states,

paragraph (2) is amended by adding ``New York,'' immediately after

``New Jersey,''.

Done in Washington, DC, this 31st day of May 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-13652 Filed 6-3-94; 8:45 am]

BILLING CODE 3410-34-P