[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
