Tuberculosis in Cattle and Bison; State Designation

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 97-041-1]

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

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

We have determined that Virginia meets the criteria for designation as

an accredited-free State.

DATES: Interim rule effective June 27, 1997. Consideration will be

given only to comments received on or before August 26, 1997.

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

Docket No. 97-041-1, 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. 97-041-1. 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

Bovine tuberculosis is the contagious, infectious, and communicable

disease caused by Mycobacterium bovis. The regulations in 9 CFR part

77, ``Tuberculosis'' (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 a State

[[Page 34613]]

designated as an accredited-free, accredited-free (suspended), or

modified accredited State. 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 a nonmodified

accredited State.

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 titled ``Uniform Methods and Rules--Bovine

Tuberculosis Eradication,'' which has been made part of the regulations

via incorporation by reference. 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. A State that reverts to

modified accredited status from accredited free status due to the

detection of tuberculosis in two or more herds in the State within a

48-month period is eligible to apply for the reinstatement of its

accredited-free status following 2 years of freedom from evidence of

tuberculosis and full compliance with the standards contained in the

``Uniform Methods and Rules--Bovine Tuberculosis Eradication.''

Before publication of this interim rule, Virginia was designated in

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

which had held accredited-free status, was designated as a modified

accredited State in an interim rule published and effective on November

29, 1994 (59 FR 60885-60886, Docket No. 94-053-2) after the detection

of tuberculosis in two herds in the State within 48 months. However,

Virginia now meets the requirements for designation as an accredited-

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

Virginia 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 Virginia 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. Virginia has approximately 2,200 dairy

herds and 28,800 beef herds with a combined total of approximately

1,212,100 cattle. Approximately 95 percent of herd owners would be

considered small businesses. Changing the status of Virginia may

enhance 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).

Sec. 77.1 [Amended]

2. In Sec. 77.1, in the definition of Accredited-free state,

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

``Vermont,''.

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

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

and adding the words ``and Texas'' in their place.

Done in Washington, DC, this 23rd day of June 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-16867 Filed 6-26-97; 8:45 am]

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