# Tuberculosis in Cattle and Bison; State Designation > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-29095 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 29, 1994 ## Text 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] BILLING CODE 3410-34-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-29095. Public record. Not legal advice.