[Federal Register Volume 59, Number 107 (Monday, June 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13652]


  Federal Register / Vol. 59, No. 107 / Monday, June 6, 1994 /
  
[[Page Unknown]]

[Federal Register: June 6, 1994]


                                                   VOL. 59, NO. 107

                                               Monday, June 6, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 94-047-1]

 

Tuberculosis in Cattle and Bison; State Designation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the tuberculosis regulations concerning the 
interstate movement of cattle and bison by raising the designation of 
New York from a modified accredited State to an accredited-free State. 
We have determined that New York meets the criteria for designation as 
an accredited-free State.

DATES: Interim rule effective on June 6, 1994. Consideration will be 
given only to comments received on or before August 5, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 94-047-1. 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. Ronald A. Stenseng, Senior Staff 
Veterinarian, Cattle Diseases and Surveillance Staff, Veterinary 
Services, APHIS, USDA, room 729, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782, (301) 436-8715.

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 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 jurisdictions 
designated as accredited-free 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 the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication,'' which is part of the regulations via incorporation by 
reference in part 77. A State must have no findings of tuberculosis in 
any cattle or bison in the State for at least 5 years in order to be 
designated as an accredited-free State.
    Before publication of this interim rule, New York was designated in 
Sec. 77.1 of the regulations as a modified accredited State. However, 
New York now meets the requirements for designation as an accredited-
free State. Therefore, we are amending the regulations by removing New 
York 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, as New York currently meets the criteria for designation as 
an accredited-free State. This action provides 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 interim 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.
    There are approximately 21,000 cattle herds in New York, with a 
total of about 1,560,000 cattle. An estimated 90 percent of these herds 
are owned by small entities. Changing the status of New York may affect 
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 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 document contains no 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).


Sec. 77.1  [Amended]

    2. In Sec. 77.1, in the definition for Modified accredited state, 
paragraph (2) is amended by removing ``New York,''.


Sec. 77.1  [Amended]

    3. In Sec. 77.1, in the definition for Accredited-free states, 
paragraph (2) is amended by adding ``New York,'' immediately after 
``New Jersey,''.

    Done in Washington, DC, this 31st day of May 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-13652 Filed 6-3-94; 8:45 am]
BILLING CODE 3410-34-P