[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Rules and Regulations]
[Pages 67928-67929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32724]
[[Page 67928]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. 96-092-1]
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
Oklahoma from a modified accredited State to an accredited-free State.
We have determined that Oklahoma meets the criteria for designation as
an accredited- free State.
DATES: Interim rule effective December 26, 1996. Consideration will be
given only to comments received on or before February 24, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-092-1, 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. 96-092-1. 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. Mitchell A. Essey, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River
Road Unit 36, Riverdale, MD 20737-1231, (301) 734-7727; or e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
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. Bovine
tuberculosis is the contagious, infectious, and communicable disease
caused by Mycobacterium bovis. The requirements of the regulations
concerning the interstate movement of cattle and bison not known to be
affected with, or exposed to, tuberculosis are based on whether the
cattle and bison are moved from jurisdictions designated as accredited-
free States, modified accredited States, or nonmodified accredited
States.
The criteria for determining the status of States (the term
``State'' is defined to mean any State, territory, the District of
Columbia, or Puerto Rico) are contained in a document captioned Uniform
Methods and Rules--Bovine Tuberculosis Eradication,'' which has been
made part of the regulations via incorporation by reference. The status
of States is based on the rate of tuberculosis infection present and
the effectiveness of a tuberculosis eradication program. A State must
have no findings of tuberculosis in any cattle or bison in the State
for at least 5 years to be designated as an accredited-free State.
Before publication of this interim rule, Oklahoma was designated in
Sec. 77.1 of the regulations as a modified accredited State. However,
Oklahoma now meets the requirements for designation as an accredited-
free State. Therefore, we are amending the regulations by removing
Oklahoma 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 to change the regulations so that they accurately reflect the
current tuberculosis status of Oklahoma as an accredited-free State.
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 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.
Cattle and bison are moved interstate for slaughter, for use as
breeding stock, or for feeding. Oklahoma has approximately 62,000
cattle herds with a combined total of 5,800,000 cattle. Approximately
95 percent of herd owners would be considered small businesses.
Changing the status of Oklahoma may affect 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 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,
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
[[Page 67929]]
Sec. 77.1 [Amended]
2. In Sec. 77.1, in the definition for ``Modified accredited
state'', paragraph (2) is amended by removing ``Oklahoma,''.
3. In Sec. 77.1, in the definition for ``Accredited-free state'',
paragraph (2) is amended by adding ``Oklahoma,'' immediately before
``Oregon,''.
Done in Washington, DC, this 16th day of December 1996.
A. Strating,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-32724 Filed 12-24-96; 8:45 am]
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