[Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17517]
Federal Register / Vol. 59, No. 137 / Tuesday, July 19, 1994 /
[[Page Unknown]]
[Federal Register: July 19, 1994]
VOL. 59, NO. 137
Tuesday, July 19, 1994
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 94-068-1]
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
Louisiana from a modified accredited State to an accredited-free State.
We have determined that Louisiana meets the criteria for designation as
an accredited-free State.
DATES: Effective Date: Interim rule effective July 19, 1994.
Comments: Consideration will be given only to comments received on
or before September 19, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 94-068-1. 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 S. VanTiem, Senior Staff
Veterinarian, Cattle Diseases and Surveillance Staff, Veterinary
Services, APHIS, USDA, room 729, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, (301) 436-8715.
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, Louisiana was designated
in Sec. 77.1 of the regulations as a modified accredited State.
However, Louisiana now meets the requirements for designation as an
accredited-free State. Therefore, we are amending the regulations by
removing Louisiana 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 Louisiana 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 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 19,500 cattle herds in Louisiana. An
estimated 905 of the herds are owned by small entities. Changing the
status of Louisiana 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,
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 states,
paragraph (2) is amended by removing ``Louisiana,''.
3. In Sec. 77.1, in the definition for Accredited-free states,
paragraph (2) is amended by adding ``Louisiana,'' immediately after
``Kentucky,''.
Done in Washington, DC, this 13th day of July 1994.
B. Glen Lee,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-17517 Filed 7-18-94; 8:45 am]
BILLING CODE 3410-34-P
