[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Rules and Regulations]
[Pages 24801-24802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11885]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 96-093-1]


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 
Wisconsin from an accredited-free (suspended) State to an accredited-
free State. We have determined that Wisconsin meets the criteria for 
designation as an accredited-free State.

DATES: Interim rule effective May 7, 1997. Consideration will be given 
only to comments received on or before July 7, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 96-093-1, 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. 96-093-1. 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, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 36, Riverdale, MD 20737-1231, (301) 734-7727; or e-mail: 
[email protected].

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. An 
accredited-free State 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.
    Before publication of this interim rule, Wisconsin was designated 
in Sec. 77.1 of the regulations as an accredited-free (suspended) 
State. However, Wisconsin now meets the requirements for designation as 
an accredited-free State. Therefore, we are amending the regulations by 
removing Wisconsin from the list of accredited-free (suspended) 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 Wisconsin 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. Wisconsin has approximately 29,000 
dairy herds and 22,000 beef herds, for a combined total of 3,859,000 
cattle. Approximately 95 percent of herd owners would be considered 
small businesses. Changing the status of Wisconsin 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 12988

    This rule has been reviewed under Executive Order 12988, 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.

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Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (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 2.22, 2.80, 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 ``Wisconsin'' 
and adding ``None'' in its place.
    3. In Sec. 77.1, in the definition for ``Accredited-free state'', 
paragraph (2) is amended by adding ``Wisconsin,'' immediately before 
``and Wyoming''.

    Done in Washington, DC, this 30th day of April 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-11885 Filed 5-6-97; 8:45 am]
BILLING CODE 3410-34-P