[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Rules and Regulations]
[Pages 30582-30583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14877]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 97-063-2]
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 raising the designation of
Hawaii from an accredited-free (suspended) State to an accredited-free
State. We have determined that Hawaii meets the criteria for
designation as an accredited-free State.
DATES: Interim rule effective June 1, 1998. Consideration will be given
only to comments received on or before August 4, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-063-2, 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. 97-063-2. 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. Joseph VanTiem, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River
Road
[[Page 30583]]
Unit 43, Riverdale, MD 20737-1231, (301) 734-7716.
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 the ``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 qualifies for redesignation as accredited-free 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, Hawaii was designated in
Sec. 77.1 of the regulations as an accredited-free (suspended) State.
However, Hawaii now meets the requirements for designation as an
accredited-free State. Therefore, we are amending the regulations by
removing Hawaii 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 Hawaii 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 this
rule effective upon signature. 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.
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 beneficial 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, based on our experience in
similar designations of other States, that this action will not have a
significant effect on marketing patterns in Hawaii and will therefore
not have a significant economic 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,
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 state'',
paragraph (2) is amended by adding ``Hawaii,'' immediately before
``Idaho''.
3. In Sec. 77.1, in the definition for ``Accredited-free
(suspended) State'', paragraph (2) is amended by removing ``Hawaii''
and adding ``None'' in its place.
Done in Washington, DC, this 1st day of June 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-14877 Filed 6-4-98; 8:45 am]
BILLING CODE 3410-34-P