Tuberculosis in Cattle and Bison; State Designation

SUMMARY: We are amending the tuberculosis regulations concerning the

interstate movement of cattle and bison by reducing the designation of

Virginia from an accredited-free (suspended) State to a modified

accredited State. We have determined that Virginia no longer meets the

criteria for designation as an accredited-free (suspended) State but

meets the criteria for designation as a modified accredited State. This

change is necessary to prevent the spread of tuberculosis in cattle and

bison.

DATES: Interim rule effective November 29, 1994. Consideration will be

given only to comments received on or before January 30, 1995.

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

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O.

Drawer 810, Riverdale, MD 20738. Please state that your comments refer

to Docket No. 94-053-2. 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. Mitchell A. Essey, Senior Staff

Veterinarian, Cattle Diseases and Surveillance, Veterinary Services,

APHIS, USDA, P.O. Drawer 810, Riverdale, MD 20738. The telephone number

for the agency contact will change when agency offices in Hyattsville,

MD, move to Riverdale, MD, during January. Telephone: (301) 436-8715

(Hyattsville); (301) 734-8715 (Riverdale).

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, accredited-free (suspended)

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 a document captioned ``Uniform Methods and Rules--Bovine

Tuberculosis Eradication,'' which is incorporated by reference into the

regulations.

An accredited-free State, as defined in Sec. 77.1 of the

regulations, is a State that has no findings of tuberculosis in any

cattle or bison in the State for at least 5 years. The State must also

comply with all the provisions of the ``Uniform Methods and Rules--

Bovine Tuberculosis Eradication'' regarding accredited-free States.

An accredited-free (suspended) State is defined as a State with

accredited-free status in which tuberculosis has been detected in any

cattle or bison in the State. A State with accredited-free (suspended)

status is qualified for redesignation of accredited-free status after

the herd in which tuberculosis is detected has been quarantined, an

epidemiological investigation has confirmed that the disease has not

spread from the herd, and all reactor cattle and bison have been

destroyed. However, if tuberculosis is detected in two or more herds in

the State within 48 months, the State's accredited-free status is

revoked.

A State that loses accredited-free (suspended) status is

redesignated as a modified accredited State if it actively participates

in the eradication of tuberculosis and maintains its status in

accordance with the ``Uniform Methods and Rules--Bovine Tuberculosis

Eradication.''

In a document published in the Federal Register on June 21, 1994

(59 FR 31921-31922, Docket No. 94-053-1), we amended Sec. 77.1 to

change the designation of Virginia from an accredited-free State to an

accredited-free (suspended) State. We took this action because

tuberculosis had been confirmed in one herd within the State. We

requested that comments be submitted on or before August 22, 1994. We

received one comment from the Virginia Department of Agriculture and

Consumer Services.

The commenter stated that Virginia had quarantined the

tuberculosis-infected herd, destroyed all the reactor cattle, and

forwarded a complete investigation package to us for review. Based upon

these actions, the commenter requested that Virginia regain its

accredited-free State status. We carefully considered the documents

supporting the findings and actions of the Virginia Department of

Agriculture and Consumer Services. However, tuberculosis has recently

been confirmed in a second herd in Virginia, and this second herd was

detected within 48 months of the first. As a result, the Administrator

has determined that Virginia meets the criteria for designation as a

modified accredited State.

Therefore, we are amending the regulations by removing Virginia

from the list of accredited-free (suspended) States in Sec. 77.1 and

adding it to the list of modified accredited 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

necessary to change the regulations so that they accurately reflect the

current tuberculosis status of Virginia as a modified accredited State.

This will provide prospective cattle and bison buyers with accurate and

up-to-date information.

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 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.

Virginia has approximately 29,000 cattle herds containing 1,710,000

cattle and bison. An estimated 90 percent of these herds are owned by

small businesses. Changing the status of Virginia 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 a small detrimental economic

impact on some small entities. We anticipate that this action will not

have a significant effect on marketing patterns in Virginia and will

therefore not have a significant effect on those persons affected by

this action.

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 Accredited-free (suspended)

State, paragraph (2) is amended by removing the word ``Virginia'' and

adding ``None'' in its place.

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

paragraph (2) is amended by removing the words ``and Texas'' and adding

``Texas, and Virginia'' in their place.

Done in Washington, DC, this 18th day of November 1994.

Alex B. Thiermann,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-29095 Filed 11-28-94; 8:45 am]

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