[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Rules and Regulations]
[Pages 56399-56400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27322]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 99-063-1]


Tuberculosis in Cattle and Bison; State Designations; California, 
Pennsylvania, and Puerto Rico

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 designations of 
California, Pennsylvania, and Puerto Rico from modified accredited 
States to accredited-free States. We have determined that California, 
Pennsylvania, and Puerto Rico meet the criteria for designation as 
accredited-free States.

DATES: This interim rule is effective October 14, 1999. We invite you 
to comment on this docket. We will consider all comments that we 
receive by December 20, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
063-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 99-063-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

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 a 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 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 a State designated as an 
accredited-free, accredited-free (suspended), or modified accredited 
State. The regulations restrict the interstate movement of cattle and 
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 in cattle or bison, 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 by incorporation by reference. A State 
must have no findings of tuberculosis in any cattle or bison 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 within a 48-
month period, is eligible to apply for the reinstatement of its 
accredited-free status following 5 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, California, Pennsylvania, 
and Puerto Rico were designated in Sec. 77.1 of the regulations as 
modified accredited States. However, California, Pennsylvania, and 
Puerto Rico now meet the requirements for designation as accredited-
free States. The two States and Puerto Rico have been free of 
tuberculosis for at least 5 years, and

[[Page 56400]]

they have met the requirements of the standards contained in the 
``Uniform Methods and Rules--Bovine Tuberculosis Eradication'' by 
tracing all potential sources of infection and maintaining an adequate 
level of slaughter surveillance. Therefore, we are amending the 
regulations by removing California, Pennsylvania, and Puerto Rico from 
the list of modified accredited States in Sec. 77.1 and adding them 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 California, Pennsylvania, and Puerto 
Rico as accredited-free States. 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 
action effective less than 30 days after publication. 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. The document 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. California has approximately 2,650 
dairy herds and 12,158 beef herds with a combined total of 
approximately 5,968,679 cattle. Approximately 98 percent of herd owners 
would be considered small businesses. Pennsylvania has approximately 
10,920 dairy herds and 11,237 beef herds with a combined total of 
approximately 1,672,295 cattle. Approximately 99 percent of herd owners 
would be considered small businesses. Puerto Rico has approximately 
1,982 dairy herds and 3,957 beef herds with a combined total of 
approximately 386,980 cattle. Approximately 99 percent of herd owners 
would be considered small businesses. Changing the status of 
California, Pennsylvania, and Puerto Rico may enhance the marketability 
of cattle and bison from those States, since some prospective cattle 
and bison buyers prefer to buy cattle and bison from accredited-free 
States. This may result in some beneficial economic effect on some 
small entities. However, based on our experience in similar 
designations of other States, the effect 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 interim 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 interim 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, we are amending 9 CFR part 77 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).

    2. In Sec. 77.1, in the definition of Accredited-free state, 
paragraph (2) is amended by adding ``California,'' immediately after 
``Arkansas,'' and by adding ``Pennsylvania, Puerto Rico,'' immediately 
after ``Oregon,'', and in the definition of Modified accredited State, 
paragraph (2) is revised to read as follows:


Sec. 77.1  Definitions.

* * * * *
    Modified accredited State.
* * * * *
    (2) Modified accredited States: New Mexico and Texas.
* * * * *
    Done in Washington, DC, this 14th day of October 1999.
Richard L. Dunkle,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-27322 Filed 10-19-99; 8:45 am]
BILLING CODE 3410-34-U