[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33100-33101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15592]



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


DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 93-058-1]


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 regulations concerning the interstate 
movement of cattle and bison because of tuberculosis by raising the 
designation of Kansas from a modified accredited State to an 
accredited-free State. We have determined that Kansas meets the 
criteria for designation as an accredited-free State.

DATES: Interim rule effective June 27, 1995. Consideration will be 
given only to comments received on or before August 28, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 93-058-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 93-058-1. 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. Mitchell A. Essey, Senior Staff 
Veterinarian, Cattle Diseases and Surveillance Staff, VS, APHIS, USDA, 
4700 River Road Unit 36, Riverdale, MD 20737-1231, (301) 734-7727.

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 criteria for determining the status of States (the term 
``State'' is defined to mean any State, territory, the District of 
Columbia, or Puerto Rico) are contained in a document captioned 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication,'' which 
has been made part of the regulations via incorporation by reference. 
The status of States is based on the rate of tuberculosis infection 
present and the effectiveness of a tuberculosis eradication program. A 
State must have no findings of tuberculosis in any cattle or bison in 
the State for at least 5 years to be designated as an accredited-free 
State.
    Before publication of this interim rule, Kansas was designated in 
Sec. 77.1 of the regulations as a modified accredited State. However, 
Kansas now meets the requirements for designation as an accredited-free 
State. Therefore, we are amending the regulations by removing Kansas 
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 to change the regulations so that they accurately reflect the 
current tuberculosis status of Kansas as an accredited-free State. 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 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.
    Cattle and bison are moved interstate for slaughter, for use as 
breeding stock, or for feeding. There are 40,100 herds in Kansas with 
approximately 5,950,000 cattle and bison. Approximately 90 percent of 
the herd owners would be considered small businesses. Changing the 
status of Kansas 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 [[Page 33101]] 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 rule 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 ``Kansas,''.
    3. In Sec. 77.1, in the definition for ``Accredited-free state'', 
paragraph (2) is amended by adding ``Kansas,'' immediately before 
``Kentucky,''.

    Done in Washington, DC, this 20th day of June 1995.
Dale F. Schwindaman,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-15592 Filed 6-26-95; 8:45 am]
BILLING CODE 3410-34-P