[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Rules and Regulations]
[Pages 18728-18729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9161]
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DEPARTMENT OF AGRICULTURE
9 CFR Part 77
[Docket No. 95-020-1]
Tuberculosis in Cattle and Bison; State Designation
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
North Carolina from a modified accredited State to an accredited-free
State. We have determined that North Carolina meets the criteria for
designation as an accredited-free State.
DATES: Interim rule effective April 13, 1995. Consideration will be
given only to comments received on or before June 12, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-020-1, Regulatory Analysis and Development, PPD, APHIS,
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
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 A. Essey, Senior Staff
Veterinarian, Cattle Diseases and Surveillance, VS, APHIS, Suite 3B08,
4700 River Road Unit 36, 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 or 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 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 the ``Uniform Methods and Rules--Bovine Tuberculosis
Eradication,'' which is part of the regulations via incorporation by
reference in part 77. A State must have no findings of tuberculosis in
any cattle or bison in the State for at least 5 years in order to be
designated as an accredited-free State.
Before publication of this interim rule, North Carolina was
designated in Sec. 77.1 of the regulations as a modified accredited
State. However, North Carolina now meets the requirements for
designation as an accredited-free State. Therefore, we are amending the
regulations by removing North Carolina from the list of modified
accredited 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, as North Carolina currently meets the criteria for
designation as an accredited-free State. This action provides
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 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
[[Page 18729]]
amendments we are making to the rule as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This interim 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.
There are approximately 31,200 cattle herds in North Carolina. An
estimated 95 percent of the herds are owned by small businesses.
Changing the status of North Carolina may enhance the marketability of
cattle and bison from the State, since some prospective cattle and
bison buyers prefer to buy cattle and bison from accredited-free
States. This may result in some beneficial economic impact on some
small entities. However, based on our experience in similar
designations of other States, the impact 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 12778
This rule has been reviewed under Executive Order 12778, 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 document contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (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 2.17, 2.51, and 371.2(d).
Sec. 77.1 [Amended]
2. In Sec. 77.1, in the definition for Modified accredited state,
paragraph (2) is amended by removing ``North Carolina,''.
3. In Sec. 77.1, in the definition for Accredited-free state,
paragraph (2) is amended by adding ``North Carolina,'' immediately
after ``New York,''.
Done in Washington, DC, this 7th day of April 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-9161 Filed 4-12-95; 8:45 am]
BILLING CODE 3410-34-P
