Tuberculosis in Cattle and Bison; State Designations; California, Pennsylvania, and Puerto Rico

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 99-063-1]

Tuberculosis in Cattle and Bison; State Designations; California,

Pennsylvania, and Puerto Rico

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 designations of

California, Pennsylvania, and Puerto Rico from modified accredited

States to accredited-free States. We have determined that California,

Pennsylvania, and Puerto Rico meet the criteria for designation as

accredited-free States.

DATES: This interim rule is effective October 14, 1999. We invite you

to comment on this docket. We will consider all comments that we

receive by December 20, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-

063-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 99-063-1.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue, SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph VanTiem, Senior Staff

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

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

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis is a 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 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 a State designated as an

accredited-free, accredited-free (suspended), or modified accredited

State. The regulations restrict the interstate movement of cattle and

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 in cattle or bison, 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 by incorporation by reference. A State

must have no findings of tuberculosis in any cattle or bison 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 within a 48-

month period, is eligible to apply for the reinstatement of its

accredited-free status following 5 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, California, Pennsylvania,

and Puerto Rico were designated in Sec. 77.1 of the regulations as

modified accredited States. However, California, Pennsylvania, and

Puerto Rico now meet the requirements for designation as accredited-

free States. The two States and Puerto Rico have been free of

tuberculosis for at least 5 years, and

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they have met the requirements of the standards contained in the

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

tracing all potential sources of infection and maintaining an adequate

level of slaughter surveillance. Therefore, we are amending the

regulations by removing California, Pennsylvania, and Puerto Rico from

the list of modified accredited States in Sec. 77.1 and adding them 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 California, Pennsylvania, and Puerto

Rico as accredited-free States. 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

action effective less than 30 days after publication. 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. The document 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. California has approximately 2,650

dairy herds and 12,158 beef herds with a combined total of

approximately 5,968,679 cattle. Approximately 98 percent of herd owners

would be considered small businesses. Pennsylvania has approximately

10,920 dairy herds and 11,237 beef herds with a combined total of

approximately 1,672,295 cattle. Approximately 99 percent of herd owners

would be considered small businesses. Puerto Rico has approximately

1,982 dairy herds and 3,957 beef herds with a combined total of

approximately 386,980 cattle. Approximately 99 percent of herd owners

would be considered small businesses. Changing the status of

California, Pennsylvania, and Puerto Rico may enhance the marketability

of cattle and bison from those States, since some prospective cattle

and bison buyers prefer to buy cattle and bison from accredited-free

States. This may result in some beneficial economic effect on some

small entities. However, based on our experience in similar

designations of other States, the effect 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 interim 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 interim 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, we are amending 9 CFR part 77 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).

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

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

``Arkansas,'' and by adding ``Pennsylvania, Puerto Rico,'' immediately

after ``Oregon,'', and in the definition of Modified accredited State,

paragraph (2) is revised to read as follows:

Sec. 77.1 Definitions.

* * * * *

Modified accredited State.

* * * * *

(2) Modified accredited States: New Mexico and Texas.

* * * * *

Done in Washington, DC, this 14th day of October 1999.

Richard L. Dunkle,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-27322 Filed 10-19-99; 8:45 am]

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