Tuberculosis in Cattle and Bison; State Designation

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 95-072-1]

Tuberculosis in Cattle and Bison; State Designation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the tuberculosis regulations concerning the

interstate movement of cattle and bison by reducing the designation of

Wisconsin from an accredited-free State to an accredited-free

(suspended) State. We have determined that Wisconsin no longer meets

the criteria for designation as an accredited-free State but meets the

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

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

bison.

DATES: Interim rule effective December 8, 1995. Consideration will be

given only to comments received on or before February 6, 1996.

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

Docket No. 95-072-1, 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. 95-072-1. 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. Mitchell Essey, Senior Staff

Veterinarian, Cattle Diseases and Surveillance, VS, APHIS, Suite 3B08,

4700 River Road Unit 36, Riverdale, MD 20737-1231, (301) 734-7727.

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 and 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

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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.

Before publication of this interim rule, Wisconsin was designated

in Sec. 77.1 of the regulations as an accredited-free State. However,

because tuberculosis has recently been confirmed in one herd within the

State, the Administrator has determined that Wisconsin no longer meets

the criteria for designation as an accredited-free State, but instead

meets the criteria for designation as an accredited-free (suspended)

State. Therefore, we are amending the regulations by removing Wisconsin

from the list of accredited-free States in Sec. 77.1 and adding it to

the list of accredited-free (suspended) 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 Wisconsin as an accredited-free

(suspended) 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.

Wisconsin has approximately 61,000 cattle herds containing 3.85

million cattle and bison. An estimated 98 percent of these herds are

owned by small businesses. Changing the status of Wisconsin 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 Wisconsin and will

therefore not have a significant effect on those small entities

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 rule contains no 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 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 state,

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

3. In Sec. 77.1, in the definition for Accredited-free (suspended)

State, paragraph (2) is amended by removing ``None'' and adding

``Wisconsin'' in its place.

Done in Washington, DC, this 21st day of November 1995.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-30017 Filed 12-7-95; 8:45 am]

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