39780 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

articles from a portion of Los Angeles

County, CA.

Within the previously quarantined

portion of Los Angeles County, CA,

there are approximately 413 small

entities that may be affected by this rule.

These include 3 distributors, 250 fruit

sellers, 27 growers, 126 nurseries, 1

processor, 3 community gardens, 2 swap

meets, and 1 farmers market. These 413

entities comprise less than 1 percent of

the total number of similar entities

operating in the State of California.

Additionally, these small entities sell

regulated articles primarily for local

intrastate-not-interstate movement, so

the effect, if any, of this rule on these

entities appears to be minimal.

The effect on those few entities that

do move regulated articles interstate

was minimized by the availability of

various treatments that, in most cases,

allowed these small entities to move

regulated articles interstate with very

little additional cost.

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

inconsistent 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 new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending 7 CFR

part 301 as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

2. In § 301.97–3, paragraph (c) is

revised to read as follows:

§ 301.97–3 Quarantined areas.

* * * * *

(c) The areas described below are

designated as quarantined areas: There

are no areas in the continental United

States quarantined for the melon fruit

fly.

Done in Washington, DC, this 22nd day of

June 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–16313 Filed 6–27–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 77

[Docket No. 00–055–1]

Tuberculosis in Cattle and Bison; State

and Zone Designations

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the bovine

tuberculosis regulations regarding State

and zone risk classifications to remove

the split-State status of the State of

Michigan and to classify the entire State

as nonmodified accredited. This action

is necessary to help prevent the spread

of tuberculosis because Michigan no

longer meets the requirements for splitState status.

DATES: This interim rule is effective

June 22, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

August 28, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 00–055–

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. 00–055–1.

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 dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Joseph Van Tiem, Senior Staff

Veterinarian, VS, APHIS, USDA, 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. It

affects cattle, bison, deer, elk, goats, and

other species, including humans.

Bovine tuberculosis in infected animals

and humans manifests itself in lesions

of the lung, bone, and other body parts,

causes weight loss and general

debilitation, and can be fatal.

At the beginning of this century,

bovine tuberculosis caused more losses

of livestock than all other livestock

diseases combined. This prompted the

establishment of the National

Cooperative State/Federal Bovine

Tuberculosis Eradication Program for

bovine tuberculosis in livestock.

Federal regulations implementing this

program are contained in 9 CFR part 77,

‘‘Tuberculosis’’ (referred to below as the

regulations), and in the ‘‘Uniform

Methods and Rules— Bovine

Tuberculosis Eradication’’ (UMR),

which is incorporated by reference into

the regulations. The regulations restrict

the interstate movement of cattle, bison,

and captive cervids to prevent the

spread of bovine tuberculosis.

Restrictions on the interstate

movement of cattle and bison not

known to be infected with or exposed to

tuberculosis are based on whether the

animals are moved from States or zones

designated as accredited-free States or

zones, accredited-free (suspended)

States or zones, modified accredited

States or zones, or nonmodified

accredited States or zones. The status of

a State or zone is based on its freedom

from evidence of tuberculosis in cattle

and bison, the effectiveness of the

State’s tuberculosis eradication

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39781

program, and the degree of the State’s

compliance with the standards for cattle

and bison contained in the UMR.

Prior to the effective date of an

interim rule that we published in the

Federal Register on November 1, 1999

(64 FR 58769–58780, Docket No. 99–

008–1), and that was effective as of

October 20, 1999, there were no

provisions in the regulations to allow

separate tuberculosis status for different

zones within a State. Even if herds

affected with tuberculosis were

confined to a very limited area of a

State, the classification of the entire

State had to take into account the

disease situation in that limited area.

One of the changes to the regulations

we made in our interim rule was to

allow recognition of separate zones with

differing tuberculosis risk classifications

within a State. We defined ‘‘zone’’ to

mean a defined geographic land area

identifiable by geological, political,

manmade, or surveyed boundaries, with

mechanisms of disease spread,

epidemiological characteristics, and the

ability to control the movement of

animals across the boundary of the zone

taken into account.

To achieve APHIS recognition of such

zones, the zones and the State in

question must meet certain

requirements. First, the State must have

the legal and financial resources to

implement and enforce a tuberculosis

eradication program, as well as the

infrastructure, laws, and regulations to

require and ensure that tuberculosis

cases are reported to State and Federal

regulatory authorities. Further, the State

must maintain clinical and

epidemiological surveillance of animal

species at risk of tuberculosis at a rate

that allows detection of tuberculosis in

the overall population of livestock herds

in each zone at a 2 percent prevalence

rate (the average prevalence in a herd

containing infected animals) with 95

percent confidence. Additionally, a

State seeking APHIS recognition of a

zone with regard to tuberculosis must

enter into a memorandum of

understanding with APHIS in which the

State agrees to adhere to any conditions

for zone recognition particular to that

request. As we stated in the interim

rule, such a memorandum of

understanding is necessary to address

epidemiological circumstances

particular to the State in question. For

instance, in a State in which freeranging wildlife may be a reservoir of

tuberculosis, it may be necessary to

conduct baseline surveillance among

such wildlife; whereas in a State with

less of a risk of tuberculosis in wildlife,

such surveillance may not be necessary.

In the interim rule, we recognized

specific zones in only one State—the

State of Michigan. We stated that

Michigan had demonstrated to APHIS

that it had the resources to enforce a

tuberculosis eradication program and to

ensure that diagnoses of tuberculosis are

reported to State and Federal

authorities, and that it was capable of

maintaining surveillance that allows

detection of tuberculosis in the overall

population of livestock at a 2 percent

prevalence rate with 95 percent

confidence. We stated additionally that

Michigan would enter into a

memorandum of understanding with

APHIS regarding any conditions for

zone recognition particular to that

State’s circumstances.

Based on the conditions described

above, in our November 1, 1999, interim

rule, we recognized two zones in

Michigan. The smaller of the two zones

was classified as nonmodified

accredited because the prevalence of

tuberculosis among cattle and bison in

that zone exceeded the level allowable

for modified accredited status. The

larger zone, which consisted of most of

Michigan, was classified as accredited

free.

Because tuberculosis exists in

wildlife, particularly cervids, in the

smaller zone in Michigan to such an

extent that it poses a significant risk to

livestock, the memorandum of

understanding between APHIS and the

State of Michigan included provisions

to address that risk. These provisions

included an agreement by Michigan to

establish three areas of descending risk

in the nonmodified accredited zone,

with minimum dimensions for the areas

of greatest risk. Michigan further agreed

to enforce certification, testing, and

other surveillance requirements for

intrastate movement within the

nonmodified accredited zone.

At the time we published our

November 1, 1999, interim rule, the

detection of tuberculosis in Michigan

was limited to a small enough number

of livestock herds and localized groups

of wildlife that the State had determined

it could adequately enforce the

intrastate restrictions in the

memorandum of understanding.

However, since November 1999,

Michigan has detected tuberculosis in

wildlife at additional sites involving a

greater area of the nonmodified

accredited zone. Due to these additional

detections, Michigan has now

determined that it can carry out its

tuberculosis control and eradication

program more effectively with a single

set of statewide requirements than with

different requirements for two zones

within the State. Therefore, in this

interim rule, we are removing

Michigan’s split-State tuberculosis

status. Because the prevalence of

tuberculosis-affected cattle and bison

herds in Michigan as a whole slightly

exceeds that allowed for either

accredited-free or modified accredited

status, we are classifying Michigan as

nonmodified accredited.

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment.

Because the State of Michigan has

determined that it cannot at this time

effectively carry out its tuberculosis

eradication program on the basis of

split-State tuberculosis status, it is

necessary for APHIS to remove such

status from the State to help prevent the

spread of tuberculosis to and among

livestock.

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 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. 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.

This emergency situation makes

timely compliance with section 604 of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) impracticable. We are

currently assessing the potential

economic effects of this action on small

entities. Based on that assessment, we

will either certify that the rule will not

have a significant economic impact on

a substantial number of small entities or

publish a final regulatory flexibility

analysis.

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

39782 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

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 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,

Incorporation by reference, 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. Section 77.3 is amended by revising

paragraph (b) to read as follows:

§ 77.3 Accredited-free States or zones.

* * * * *

(b) The following are accredited-free

zones: None.

* * * * *

3. Section 77.5 is amended by revising

paragraphs (a) and (b) to read as follows:

§ 77.5 Nonmodified accredited States or

zones.

(a) The following are nonmodified

accredited States: Michigan.

(b) The following are nonmodified

accredited zones: None.

* * * * *

Done in Washington, DC, this 22nd day of

June 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–16315 Filed 6–27–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 00–038–1]

Importation of Bovine Parts From

Argentina

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations governing the importation of

certain animals, meat, and other animal

products by prohibiting the importation

from Argentina of any bovine parts that

are not, by standard practice, part of a

bovine carcass that is placed in a chiller

for maturation after slaughter. Items

prohibited from importation include all

parts of bovine heads, feet, hooves, and

internal organs. Additionally, we are

requiring that bovines slaughtered for

the export of fresh beef from Argentina

to the United States undergo ante- and

post-mortem inspections for signs of

foot-and-mouth disease and that

representatives of the Animal and Plant

Health Inspection Service be allowed

access to the establishments where the

bovines are slaughtered. We are also

clarifying some provisions of the

regulations. We are taking these actions

as emergency measures to protect the

livestock of the United States from footand-mouth disease.

DATES: This interim rule is effective

June 28, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by August 28, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 00–038–

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. 00–038–1.

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 dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Gary Colgrove, Director, National Center

for Import and Export, VS, APHIS, 4700

River Road Unit 38, Riverdale, MD

20737–1231; (301) 734–4356.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

prohibit or restrict the importation of

certain animals and animal products

into the United States to prevent the

introduction of various animal diseases,

including rinderpest, foot-and-mouth

disease (FMD), African swine fever, hog

cholera, and swine vesicular disease.

These are dangerous and destructive

communicable diseases of ruminants

and swine. Section 94.21 of the

regulations allows the importation of

fresh (chilled or frozen) beef from

Argentina, but only under certain

conditions, because fresh beef from

Argentina that does not meet the

required conditions would present an

unacceptable risk of introducing FMD

into the United States.

Maturation Process

Among the conditions for the

importation of fresh beef from Argentina

is the requirement in § 94.21(k) of this

interim rule (designated as § 94.21(h)

prior to this interim rule) that the meat

come from bovine carcasses that have

been allowed to maturate at 40 to 50 °F

(4 to 10 °C) for a minimum of 36 hours

after slaughter and that have reached a

pH of 5.8 or less in the loin muscle at

the end of the maturation period. This

provision goes on to state that if the

meat does not meet this pH level after

60 hours, it may not be exported to the

United States. This requirement is based

on the fact that the FMD virus in meat

is inactivated by acidification, which

occurs naturally during maturation. An

acid environment of a pH of 5.8 or less

destroys the virus quickly.

Section 94.21, paragraph (i), of this

interim rule (designated as § 94.21(i)

prior to this interim rule) provides that

beef from Argentina may not be

exported to the United States unless all

bone, blood clots, and lymphoid tissue

have been removed from the meat. The

removal of these parts is necessary

because any FMD virus these parts

might potentially harbor may not be

inactivated by the maturation process

described above.