Tuberculosis in Cattle and Bison; State Designation; Hawaii

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 97-063-1]

Tuberculosis in Cattle and Bison; State Designation; Hawaii

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

Hawaii from an accredited-free State to an accredited-free (suspended)

State. We have determined that Hawaii 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 July 11, 1997. Consideration will be

given only to comments received on or before September 9, 1997.

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

Docket No. 97-063-1, 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. 97-063-1. 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, National Animal

Health Programs, VS, APHIS, Suite 3B08, 4700 River Road Unit 43,

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'' incorporated by reference in the

regulations 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.

Before publication of this interim rule, Hawaii was designated in

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

because tuberculosis has recently been confirmed in one beef herd

within the State, the Administrator has determined that Hawaii 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 Hawaii 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.

Because tuberculosis has been confirmed in only one cattle herd on

one island of Hawaii, Molokai, APHIS considered adapting the

regulations to establish different regions in Hawaii and to designate

the island of Molokai as an accredited-free (suspended) region without

affecting the status of the remainder of the State. However, revising

the regulations' regulatory framework to establish regions for

tuberculosis would take considerable time and would require an

opportunity for public comment. APHIS may develop a proposal to do this

in the future. However, due to the need for immediate action described

below, we are not attempting to establish regions in Hawaii in this

action.

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 Hawaii 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

[[Page 37126]]

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.

According to the 1992 Census of Agriculture, Hawaii has 874 cattle

herds containing 191,230 cattle. Some 757 of these herds, or 87

percent, contain 200 or fewer cattle apiece and are assumed to be owned

by small businesses. Changing the status of Hawaii may affect the

marketability of cattle from the State, since some prospective cattle

buyers prefer to buy cattle from accredited-free States. This may

result in a small detrimental economic impact on some small entities,

although it appears that sales of cattle from Hawaii to other States

are quite small in volume. We anticipate that this action will not have

a significant effect on marketing patterns in Hawaii 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 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,

134f; 7 CFR 2.22, 2.80, 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 ``Hawaii,'.

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

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

``Hawaii'' in its place.

Done in Washington, DC, this 7th day of July 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-18205 Filed 7-10-97; 8:45 am]

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