[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Rules and Regulations]
[Pages 43290-43291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21763]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 98-081-1]


Tuberculosis in Cattle and Bison; State Designation; Michigan

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 
Michigan from an accredited-free State to an accredited-free 
(suspended) State. We have determined that Michigan 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 August 13, 1998. Consideration will be 
given only to comments received on or before October 13, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-081-1, 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. 98-081-1. 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. Joseph VanTiem, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road, Unit 43, Riverdale, MD 20737-1231, (301) 734-7716.

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'' (UMR), which is incorporated by reference 
into the regulations.
    An accredited-free State, as defined in 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 UMR 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 as an accredited-free State 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.

[[Page 43291]]

    Before publication of this interim rule, Michigan 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 Michigan 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 Michigan 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.

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 Michigan 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 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.
    This action amends the tuberculosis regulations concerning the 
interstate movement of cattle and bison by reducing the designation of 
Michigan from an accredited-free State to an accredited-free 
(suspended) State. We are taking this action because tuberculosis has 
recently been confirmed in one beef herd in Michigan. This action is 
necessary to prevent the spread of tuberculosis in cattle and bison.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule will 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our Final Regulatory Flexibility 
Analysis.

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 the word ``Michigan,''.
    3. In Sec. 77.1, in the definition for Accredited-free (suspended) 
State, paragraph (2) is amended by removing the word ``None'' and 
adding the word ``Michigan'' in its place.

    Done in Washington, DC, this 7th day of August 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-21763 Filed 8-12-98; 8:45 am]
BILLING CODE 3410-34-P