[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Rules and Regulations]
[Pages 18728-18729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9161]



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DEPARTMENT OF AGRICULTURE
9 CFR Part 77

[Docket No. 95-020-1]


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 raising the designation of 
North Carolina from a modified accredited State to an accredited-free 
State. We have determined that North Carolina meets the criteria for 
designation as an accredited-free State.

DATES: Interim rule effective April 13, 1995. Consideration will be 
given only to comments received on or before June 12, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-020-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
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, VS, APHIS, Suite 3B08, 
4700 River Road Unit 36, Riverdale, MD, 20737-1231, (301) 734-7727.

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, North Carolina was 
designated in Sec. 77.1 of the regulations as a modified accredited 
State. However, North Carolina now meets the requirements for 
designation as an accredited-free State. Therefore, we are amending the 
regulations by removing North Carolina 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 North Carolina 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 

[[Page 18729]]
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 31,200 cattle herds in North Carolina. An 
estimated 95 percent of the herds are owned by small businesses. 
Changing the status of North Carolina may enhance 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, 
and 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 ``North Carolina,''.
    3. In Sec. 77.1, in the definition for Accredited-free state, 
paragraph (2) is amended by adding ``North Carolina,'' immediately 
after ``New York,''.

    Done in Washington, DC, this 7th day of April 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-9161 Filed 4-12-95; 8:45 am]
BILLING CODE 3410-34-P