[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4328]


[[Page Unknown]]

[Federal Register: February 25, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket 91-161-2]

 

Tuberculosis in Cattle and Bison

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the tuberculosis regulations by adding a 
definition for States whose accredited-free status has been suspended 
due to detection of tuberculosis in any cattle or bison in those 
States, and by adding requirements for moving cattle and bison 
interstate from States whose accredited-free status has been suspended. 
This action clarifies the requirements concerning the interstate 
movement of cattle and bison.

EFFECTIVE DATE: March 28, 1994.

FOR FURTHER INFORMATION CONTACT:
Dr. Ronald Stenseng, Senior Staff Veterinarian, Cattle Diseases and 
Surveillance Staff, Veterinary Services, APHIS, USDA, room 734, Federal 
Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8715.

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 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 has been made part of the regulations 
via incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.
    On August 13, 1993, we published in the Federal Register (58 FR 
43086-43087, Docket No. 91-161-1) a proposal to amend the regulations 
by adding a definition for States whose accredited-free status has been 
suspended due to detection of tuberculosis in any cattle or bison in 
those States, and by adding requirements for moving cattle and bison 
interstate from States whose accredited-free status has been suspended.
    We solicited comments concerning our proposal for a 60-day comment 
period ending October 12, 1993. We received three comments by that 
date. They were from two marketing cooperatives and a veterinary 
medical association. All responses were in favor of the proposed rule 
as written.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866.
    Cattle and bison moved interstate are moved for slaughter, for use 
as breeding stock, or for feeding. Cattle and bison not known to be 
affected with or exposed to tuberculosis are already allowed to move 
interstate without restriction from modified accredited States and 
accredited-free States, including States whose accredited-free status 
has been suspended. We are clarifying the regulations with respect to 
requirements for the interstate movement of cattle and bison from a 
State whose accredited-free status has been suspended. Consequently, 
this action will not have any economic impact on those persons affected 
by this rule.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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 final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(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 2.17, 2.51, and 371.2(d).

    2. Section 77.1 is amended by adding in alphabetical order a 
definition for ``Accredited-free (suspended) State'' to read as 
follows:


Sec. 77.1  Definitions.

* * * * *
    Accredited-free (suspended) State. (1)(i) A State with the status 
of an accredited-free State is designated as accredited-free 
(suspended) if tuberculosis is detected in any cattle or bison in the 
State.
    (ii) A State 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.
    (2) Accredited-free (suspended) States: None.
* * * * *
    3. Section 77.3 is revised to read as follows:


Sec. 77.3  Movement from accredited-free States, accredited-free 
(suspended) States, and modified accredited States.

    Cattle or bison not known to be affected with or exposed to 
tuberculosis, originating in an accredited-free State, an accredited-
free (suspended) State, or a modified accredited State, may be moved 
interstate without restriction.3

    \3\The regulations of the State of destination should be 
consulted before shipments are made from accredited-free, 
accredited-free (suspended) and modified accredited States.
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    Done in Washington, DC, this 18th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-4328 Filed 2-24-94; 8:45 am]
BILLING CODE 3410-34-P