[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Rules and Regulations]
[Pages 34612-34613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16867]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 97-041-1]


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

DATES: Interim rule effective June 27, 1997. Consideration will be 
given only to comments received on or before August 26, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-041-1, 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. 97-041-1. 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

    Bovine tuberculosis is the contagious, infectious, and communicable 
disease caused by Mycobacterium bovis. The regulations in 9 CFR part 
77, ``Tuberculosis'' (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 a State

[[Page 34613]]

designated as an accredited-free, accredited-free (suspended), or 
modified accredited State. 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 a nonmodified 
accredited State.
    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 titled ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication,'' which has been made part of the regulations 
via incorporation by reference. 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. A State that reverts to 
modified accredited status from accredited free status due to the 
detection of tuberculosis in two or more herds in the State within a 
48-month period is eligible to apply for the reinstatement of its 
accredited-free status following 2 years of freedom from evidence of 
tuberculosis and full compliance with the standards contained in the 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication.''
    Before publication of this interim rule, Virginia was designated in 
Sec. 77.1 of the regulations as a modified accredited State. Virginia, 
which had held accredited-free status, was designated as a modified 
accredited State in an interim rule published and effective on November 
29, 1994 (59 FR 60885-60886, Docket No. 94-053-2) after the detection 
of tuberculosis in two herds in the State within 48 months. However, 
Virginia now meets the requirements for designation as an accredited-
free State. Therefore, we are amending the regulations by removing 
Virginia 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 Virginia 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. Virginia has approximately 2,200 dairy 
herds and 28,800 beef herds with a combined total of approximately 
1,212,100 cattle. Approximately 95 percent of herd owners would be 
considered small businesses. Changing the status of Virginia 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 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.

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 of Accredited-free state, 
paragraph (2) is amended by adding ``Virginia,'' immediately after 
``Vermont,''.
    3. In Sec. 77.1, in the definition of Modified accredited state, 
paragraph (2) is amended by removing the words ``Texas, and Virginia'' 
and adding the words ``and Texas'' in their place.

    Done in Washington, DC, this 23rd day of June 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-16867 Filed 6-26-97; 8:45 am]
BILLING CODE 3410-34-P