Tuberculosis in Cattle and Bison; State Designation

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 96-092-1]

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 raising the designation of

Oklahoma from a modified accredited State to an accredited-free State.

We have determined that Oklahoma meets the criteria for designation as

an accredited- free State.

DATES: Interim rule effective December 26, 1996. Consideration will be

given only to comments received on or before February 24, 1997.

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

Docket No. 96-092-1, 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. 96-092-1. 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 A. Essey, Senior Staff

Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River

Road Unit 36, Riverdale, MD 20737-1231, (301) 734-7727; or e-mail:

[email protected].

SUPPLEMENTARY INFORMATION:

Background

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. Bovine

tuberculosis is the contagious, infectious, and communicable disease

caused by Mycobacterium bovis. The requirements of the regulations

concerning the interstate movement of cattle and bison not known to be

affected with, or exposed to, tuberculosis are based on whether the

cattle and bison are moved from jurisdictions designated as accredited-

free States, modified accredited States, or nonmodified accredited

States.

The criteria for determining the status of States (the term

``State'' is defined to mean any State, territory, the District of

Columbia, or Puerto Rico) are contained in a document captioned Uniform

Methods and Rules--Bovine Tuberculosis Eradication,'' which has been

made part of the regulations via incorporation by reference. The status

of States is based on the rate of tuberculosis infection present and

the effectiveness of a tuberculosis eradication program. A State must

have no findings of tuberculosis in any cattle or bison in the State

for at least 5 years to be designated as an accredited-free State.

Before publication of this interim rule, Oklahoma was designated in

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

Oklahoma now meets the requirements for designation as an accredited-

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

Oklahoma 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 to change the regulations so that they accurately reflect the

current tuberculosis status of Oklahoma as an accredited-free State.

This will provide 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 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.

Cattle and bison are moved interstate for slaughter, for use as

breeding stock, or for feeding. Oklahoma has approximately 62,000

cattle herds with a combined total of 5,800,000 cattle. Approximately

95 percent of herd owners would be considered small businesses.

Changing the status of Oklahoma 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 12988

This rule has been reviewed under Executive Order 12988, 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,

and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

[[Page 67929]]

Sec. 77.1 [Amended]

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

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

3. In Sec. 77.1, in the definition for ``Accredited-free state'',

paragraph (2) is amended by adding ``Oklahoma,'' immediately before

``Oregon,''.

Done in Washington, DC, this 16th day of December 1996.

A. Strating,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-32724 Filed 12-24-96; 8:45 am]

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