[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29095]


  Federal Register / Vol. 59, No. 228 / Tuesday, November 29, 1994 /
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[[Page Unknown]]

[Federal Register: November 29, 1994]


                                                   VOL. 59, NO. 228

                                         Tuesday, November 29, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 94-053-2]

 

Tuberculosis in Cattle and Bison; State Designation

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 
Virginia from an accredited-free (suspended) State to a modified 
accredited State. We have determined that Virginia no longer meets the 
criteria for designation as an accredited-free (suspended) State but 
meets the criteria for designation as a modified accredited State. This 
change is necessary to prevent the spread of tuberculosis in cattle and 
bison.

DATES: Interim rule effective November 29, 1994. Consideration will be 
given only to comments received on or before January 30, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O. 
Drawer 810, Riverdale, MD 20738. Please state that your comments refer 
to Docket No. 94-053-2. 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. Mitchell A. Essey, Senior Staff 
Veterinarian, Cattle Diseases and Surveillance, Veterinary Services, 
APHIS, USDA, P.O. Drawer 810, Riverdale, MD 20738. The telephone number 
for the agency contact will change when agency offices in Hyattsville, 
MD, move to Riverdale, MD, during January. Telephone: (301) 436-8715 
(Hyattsville); (301) 734-8715 (Riverdale).

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, 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'' 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.
    A State that loses accredited-free (suspended) status is 
redesignated as a modified accredited State if it actively participates 
in the eradication of tuberculosis and maintains its status in 
accordance with the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication.''
    In a document published in the Federal Register on June 21, 1994 
(59 FR 31921-31922, Docket No. 94-053-1), we amended Sec. 77.1 to 
change the designation of Virginia from an accredited-free State to an 
accredited-free (suspended) State. We took this action because 
tuberculosis had been confirmed in one herd within the State. We 
requested that comments be submitted on or before August 22, 1994. We 
received one comment from the Virginia Department of Agriculture and 
Consumer Services.
    The commenter stated that Virginia had quarantined the 
tuberculosis-infected herd, destroyed all the reactor cattle, and 
forwarded a complete investigation package to us for review. Based upon 
these actions, the commenter requested that Virginia regain its 
accredited-free State status. We carefully considered the documents 
supporting the findings and actions of the Virginia Department of 
Agriculture and Consumer Services. However, tuberculosis has recently 
been confirmed in a second herd in Virginia, and this second herd was 
detected within 48 months of the first. As a result, the Administrator 
has determined that Virginia meets the criteria for designation as a 
modified accredited State.
    Therefore, we are amending the regulations by removing Virginia 
from the list of accredited-free (suspended) States in Sec. 77.1 and 
adding it to the list of modified accredited 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 
necessary to change the regulations so that they accurately reflect the 
current tuberculosis status of Virginia as a modified accredited 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 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.
    Virginia has approximately 29,000 cattle herds containing 1,710,000 
cattle and bison. An estimated 90 percent of these herds are owned by 
small businesses. Changing the status of Virginia 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 a small detrimental economic 
impact on some small entities. We anticipate that this action will not 
have a significant effect on marketing patterns in Virginia and will 
therefore not have a significant effect on those persons 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 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 Accredited-free (suspended) 
State, paragraph (2) is amended by removing the word ``Virginia'' and 
adding ``None'' in its place.
    3. In Sec. 77.1, in the definition for Modified accredited state, 
paragraph (2) is amended by removing the words ``and Texas'' and adding 
``Texas, and Virginia'' in their place.

    Done in Washington, DC, this 18th day of November 1994.
Alex B. Thiermann,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-29095 Filed 11-28-94; 8:45 am]
BILLING CODE 3410-34-P