30582 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations

producing farms would fall into the

category of large businesses.

Small spearmint oil producers

represent a minority of farming

operations and are more vulnerable to

market fluctuations. Such small farmers

generally need to market their entire

annual crop and do not have the

resources to cushion seasons with poor

spearmint oil returns. Conversely, large

diversified producers have the potential

to endure one or more seasons of poor

spearmint oil markets because of

stronger incomes from alternate crops

which could support the operation for a

period of time. Despite the advantage of

larger producers, increasing the Native

salable quantity and allotment

percentage will help both large and

small producers by improving returns.

In addition, this change may potentially

benefit the small producer more than

large producers. This is because the

change ensures that small producers are

more likely to maintain a profitable cash

flow and meet annual expenses.

Alternatives to this rule included not

increasing the available supply of

Native spearmint oil, which could

potentially hurt small producers. The

Committee reached its recommendation

to increase the salable quantity and

allotment percentage for Native

spearmint oil after careful consideration

of all available information, and

believes that the level recommended

will achieve the objectives sought.

Without the increase, the Committee

believes the industry would not be able

to meet market needs. As of February

25, 1998, approximately 88,000 pounds

of Native spearmint oil were available

for market. Average demand for Native

spearmint oil from March 1 to May 31

over the past 17 years has been 108,029

pounds. Therefore, based on past

history the industry may not have been

able to meet market demand without

this change. When the Committee made

its initial recommendation for the

establishment of the Native spearmint

oil salable quantity and allotment

percentage for the 1997–98 marketing

year, it had anticipated that the year

would end with an ample available

supply. This revision has the effect of

adding 53,998 pounds of Native

spearmint oil to the amount available

for market, bringing the total available

supply for the period February 25

through May 31, 1998, up to 144,158

pounds.

Annual salable quantities and

allotment percentages have been issued

for both classes of spearmint oil since

the order’s inception. Reporting and

recordkeeping requirements have

remained the same for each year of

regulation. Accordingly, this action will

not impose any additional reporting or

recordkeeping requirements on either

small or large spearmint oil producers

and handlers. All reports and forms

associated with this program are

reviewed periodically in order to avoid

unnecessary and duplicative

information collection by industry and

public sector agencies. The Department

has not identified any relevant Federal

rules that duplicate, overlap, or conflict

with this rule.

Finally, the Committee’s meeting was

widely publicized throughout the

spearmint oil industry and all interested

persons were invited to attend and

participate on all issues. Interested

persons are also invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

The interim final rule regarding this

action was issued on April 24, 1998,

and published in the Federal Register

(63 FR 23373, April 29, 1998), with an

effective date of April 30, 1998. That

rule amended § 985.216 of the rules and

regulations in effect under the order and

provided a 20-day comment period

which ended May 19, 1998. No

comments were received.

After consideration of all relevant

matter presented, including that

contained in the prior proposed, interim

final, and final rules in connection with

the establishment of the salable

quantities and allotment percentages for

Scotch and Native spearmint oils for the

1997–98 marketing year, the

Committee’s recommendation and other

available information, it is found that to

revise § 985.216 (62 FR 36650) to change

the salable quantity and allotment

percentage for Native spearmint oil, as

hereinafter set forth, will tend to

effectuate the declared policy of the Act.

It is further found that that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register (5

U.S.C. 553) because this rule applies to

spearmint produced during the 1997–98

marketing year, which ends May 31,

1998. Further, handlers are aware of this

rule, which was recommended at a

public meeting. Also, a 20-day comment

period was provided in the interim final

rule and no comments were received.

List of Subjects in 7 CFR Part 985

Marketing agreements, Oils and fats,

Reporting and recordkeeping

requirements, Spearmint oil.

PART 985—MARKETING ORDER

REGULATING THE HANDLING OF

SPEARMINT OIL PRODUCED IN THE

FAR WEST

Accordingly, the interim final rule

amending 7 CFR part 985 which was

published at 63 FR 23371 on April 29,

1998, is adopted as a final rule without

change.

Dated: June 1, 1998

Sharon Bomer Lauritsen,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–15002 Filed 6–4–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 77

[Docket No. 97–063–2]

Tuberculosis in Cattle and Bison; State

Designation; Hawaii

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

tuberculosis regulations concerning the

interstate movement of cattle and bison

by raising the designation of Hawaii

from an accredited-free (suspended)

State to an accredited-free State. We

have determined that Hawaii meets the

criteria for designation as an accreditedfree State.

DATES: Interim rule effective June 1,

1998. Consideration will be given only

to comments received on or before

August 4, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–063–2, 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. 97–063–2. 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 VanTiem, Senior Staff

Veterinarian, National Animal Health

Programs, VS, APHIS, 4700 River Road
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations 30583

Unit 43, Riverdale, MD 20737–1231,

(301) 734–7716.

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 accreditedfree 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 the ‘‘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. An

accredited-free State is a State that has

no findings of tuberculosis in any cattle

or bison in the State for at least 5 years.

The State must also comply with all the

provisions of the ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication’’ regarding accredited-free

States.

An accredited-free (suspended) State

is defined as a State with accredited-free

status in which tuberculosis has been

detected in any cattle or bison in the

State. A State with accredited-free

(suspended) status is qualifies for

redesignation as accredited-free after the

herd in which tuberculosis is detected

has been quarantined, an

epidemiological investigation has

confirmed that the disease has not

spread from the herd, and all reactor

cattle and bison have been destroyed.

Before publication of this interim

rule, Hawaii was designated in § 77.1 of

the regulations as an accredited-free

(suspended) State. However, Hawaii

now meets the requirements for

designation as an accredited-free State.

Therefore, we are amending the

regulations by removing Hawaii from

the list of accredited-free (suspended)

States in § 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

Hawaii as an accredited-free State. This

will provide prospective cattle and

bison buyers with accurate and up-todate 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 rule effective upon

signature. 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.

According to the 1992 Census of

Agriculture, Hawaii has 874 cattle herds

containing 191,230 cattle. Some 757 of

these herds, or 87 percent, contain 200

or fewer cattle apiece and are assumed

to be owned by small businesses.

Changing the status of Hawaii may

affect the marketability of cattle from

the State, since some prospective cattle

buyers prefer to buy cattle from

accredited-free States. This may result

in a small beneficial economic impact

on some small entities, although it

appears that sales of cattle from Hawaii

to other States are quite small in

volume. We anticipate, based on our

experience in similar designations of

other States, that this action will not

have a significant effect on marketing

patterns in Hawaii and will therefore

not have a significant economic effect

on those small entities affected by this

action.

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).

§ 77.1 [Amended]

2. In § 77.1, in the definition for

‘‘Accredited-free state’’, paragraph (2) is

amended by adding ‘‘Hawaii,’’

immediately before ‘‘Idaho’’.

3. In § 77.1, in the definition for

‘‘Accredited-free (suspended) State’’,

paragraph (2) is amended by removing

‘‘Hawaii’’ and adding ‘‘None’’ in its

place.

Done in Washington, DC, this 1st day of

June 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–14877 Filed 6–4–98; 8:45 am]

BILLING CODE 3410–34–P