[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Rules and Regulations]
[Pages 37125-37126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18205]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 133 / Friday, July 11, 1997 / Rules 
and Regulations  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 97-063-1]


Tuberculosis in Cattle and Bison; State Designation; Hawaii

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

DATES: Interim rule effective July 11, 1997. Consideration will be 
given only to comments received on or before September 9, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-063-1, 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. 97-063-1. 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 Essey, Senior Staff Veterinarian, National Animal 
Health Programs, VS, APHIS, Suite 3B08, 4700 River Road Unit 43, 
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 and 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'' incorporated by reference in the 
regulations 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.
    Before publication of this interim rule, Hawaii was designated in 
Sec. 77.1 of the regulations as an accredited-free State. However, 
because tuberculosis has recently been confirmed in one beef herd 
within the State, the Administrator has determined that Hawaii no 
longer meets the criteria for designation as an accredited-free State, 
but instead meets the criteria for designation as an accredited-free 
(suspended) State. Therefore, we are amending the regulations by 
removing Hawaii from the list of accredited-free States in Sec. 77.1 
and adding it to the list of accredited-free (suspended) States in that 
section.
    Because tuberculosis has been confirmed in only one cattle herd on 
one island of Hawaii, Molokai, APHIS considered adapting the 
regulations to establish different regions in Hawaii and to designate 
the island of Molokai as an accredited-free (suspended) region without 
affecting the status of the remainder of the State. However, revising 
the regulations' regulatory framework to establish regions for 
tuberculosis would take considerable time and would require an 
opportunity for public comment. APHIS may develop a proposal to do this 
in the future. However, due to the need for immediate action described 
below, we are not attempting to establish regions in Hawaii in this 
action.

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 Hawaii as an accredited-free (suspended) 
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

[[Page 37126]]

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.
    According to the 1992 Census of Agriculture, Hawaii has 874 cattle 
herds containing 191,230 cattle. Some 757 of these herds, or 87 
percent, contain 200 or fewer cattle apiece and are assumed to be owned 
by small businesses. Changing the status of Hawaii may affect the 
marketability of cattle from the State, since some prospective cattle 
buyers prefer to buy cattle from accredited-free States. This may 
result in a small detrimental economic impact on some small entities, 
although it appears that sales of cattle from Hawaii to other States 
are quite small in volume. We anticipate that this action will not have 
a significant effect on marketing patterns in Hawaii and will therefore 
not have a significant effect on those small entities 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 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, 
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 state, 
paragraph (2) is amended by removing ``Hawaii,'.
    3. In Sec. 77.1, in the definition for Accredited-free (suspended) 
State, paragraph (2) is amended by removing ``None'' and adding 
``Hawaii'' in its place.

    Done in Washington, DC, this 7th day of July 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-18205 Filed 7-10-97; 8:45 am]
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