Tuberculosis in Cattle and Bison; State Designation; Hawaii

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 97-063-2]

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 raising the designation of

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

State. We have determined that Hawaii meets the criteria for

designation as an accredited-free State.

DATES: Interim rule effective June 1, 1998. Consideration will be given

only to comments received on or before August 4, 1998.

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

Docket No. 97-063-2, 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. 97-063-2. 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. Joseph VanTiem, Senior Staff

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

Road

[[Page 30583]]

Unit 43, Riverdale, MD 20737-1231, (301) 734-7716.

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 the ``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. An accredited-free

State 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 qualifies for redesignation as accredited-free 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.

Before publication of this interim rule, Hawaii was designated in

Sec. 77.1 of the regulations as an accredited-free (suspended) State.

However, Hawaii now meets the requirements for designation as an

accredited-free State. Therefore, we are amending the regulations by

removing Hawaii from the list of accredited-free (suspended) 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 Hawaii 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 this

rule effective upon signature. 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.

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 beneficial 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, based on our experience in

similar designations of other States, that this action will not have a

significant effect on marketing patterns in Hawaii and will therefore

not have a significant economic 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,

and 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 adding ``Hawaii,'' immediately before

``Idaho''.

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

(suspended) State'', paragraph (2) is amended by removing ``Hawaii''

and adding ``None'' in its place.

Done in Washington, DC, this 1st day of June 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-14877 Filed 6-4-98; 8:45 am]

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