62988 Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Rules and Regulations

because they primarily affect OPM’s

administrative procedures.

List of Subjects in 5 CFR Part 890

Administrative practice and

procedure, Government employees,

Health facilities, Health insurance,

Health professions, Hostages, Iraq,

Kuwait, Lebanon, Reporting and

recordkeeping requirements,

Retirement.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is amending 5 CFR

Part 890 as follows:

PART 890—FEDERAL EMPLOYEES

HEALTH BENEFITS PROGRAM

1. The authority citation for part 890

continues to read as follows:

Authority: 5 U.S.C. 8913; § 890.803 also

issued under 50 U.S.C. 403p, 22 U.S.C. 4069c

and 4069c–1; Subpart L also issued under

sec. 599C of Pub. L. 101–513, 104 Stat. 2064,

as amended.

2. In § 890.203, paragraphs (a)(1) and

(a)(2), and the last sentence in paragraph

(a)(5) are revised to read as follows:

§ 890.203 Application for approval of, and

proposal of amendments to, health benefits

plans.

(a) New plan applications. (1) The

Director of OPM shall consider

applications to participate in the FEHB

Program from comprehensive medical

plans (CMP’s) at his or her discretion.

CMP’s are automatically invited to

submit applications annually to

participate in the FEHB Program unless

otherwise notified by OPM. If the

Director should determine that it is not

beneficial to the enrollees and the

Program to consider applications for a

specific contract year, OPM will publish

a notice with a 60 day comment period

in the Federal Register no less than 7

months prior to the date applications

would be due for the specific contract

year for which applications will not be

accepted.

(2) When applications are considered,

CMP’s should apply for approval by

writing to the Office of Personnel

Management, Washington, DC 20415.

Application letters must be

accompanied by any descriptive

material, financial data, or other

documentation required by OPM. Plans

must submit the letter and attachments

in the OPM-specified format by January

31, or another date specified by OPM, of

the year preceding the contract year for

which applications are being accepted.

Plans must submit evidence

demonstrating they meet all

requirements for approval by March 31

of the year preceding the contract year

for which applications are being

accepted. Plans that miss either

deadline cannot be considered for

participation in the next contract year.

All newly approved plans must submit

benefit and rate proposals to OPM by

May 31 of the year preceding the

contract year for which applications are

being accepted in order to be considered

for participation in that contract year.

OPM may make counter-proposals at

any time.

* * * * *

(5) * * * The extent of the data and

documentation to be submitted by a

plan so qualified by HHS, as well as by

a non-qualified plan, for a particular

review cycle may be obtained by writing

directly to the Office of Insurance

Programs, Retirement and Insurance

Service, Office of Personnel

Management, Washington, DC 20415.

* * * * *

[FR Doc. 95–29882 Filed 12–7–95; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 77

[Docket No. 95–072–1]

Tuberculosis in Cattle and Bison; State

Designation

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 reducing the designation of

Wisconsin from an accredited-free State

to an accredited-free (suspended) State.

We have determined that Wisconsin no

longer meets the criteria for designation

as an accredited-free State but meets the

criteria for designation as an accreditedfree (suspended) State. This change is

necessary to prevent the spread of

tuberculosis in cattle and bison.

DATES: Interim rule effective December

8, 1995. Consideration will be given

only to comments received on or before

February 6, 1996.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 95–072–1, 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. 95–072–1. 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 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 and 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 accreditedfree States, accredited-free (suspended)

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 a

document captioned ‘‘Uniform Methods

and Rules—Bovine Tuberculosis

Eradication,’’ which is incorporated by

reference into the regulations.

An accredited-free State, as defined in

§ 77.1 of the regulations, 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 qualified for

redesignation of accredited-free status

after the herd in which tuberculosis is

detected has been quarantined, an
Federal Register / Vol. 60, No. 236 / Friday, December 8, 1995 / Rules and Regulations 62989

epidemiological investigation has

confirmed that the disease has not

spread from the herd, and all reactor

cattle and bison have been destroyed.

However, if tuberculosis is detected in

two or more herds in the State within

48 months, the State’s accredited-free

status is revoked.

Before publication of this interim

rule, Wisconsin was designated in § 77.1

of the regulations as an accredited-free

State. However, because tuberculosis

has recently been confirmed in one herd

within the State, the Administrator has

determined that Wisconsin no longer

meets the criteria for designation as an

accredited-free State, but instead meets

the criteria for designation as an

accredited-free (suspended) State.

Therefore, we are amending the

regulations by removing Wisconsin from

the list of accredited-free States in § 77.1

and adding it to the list of accreditedfree (suspended) 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 necessary to change

the regulations so that they accurately

reflect the current tuberculosis status of

Wisconsin as an accredited-free

(suspended) State. This will provide

prospective cattle and bison buyers with

accurate and up-to-date information.

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.

Wisconsin has approximately 61,000

cattle herds containing 3.85 million

cattle and bison. An estimated 98

percent of these herds are owned by

small businesses. Changing the status of

Wisconsin 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 a small detrimental economic

impact on some small entities. We

anticipate that this action will not have

a significant effect on marketing

patterns in Wisconsin and will therefore

not have a significant 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 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 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, 134f; 7 CFR 2.17, 2.51,

and 371.2(d).

§ 77.1 [Amended]

2. In § 77.1, in the definition for

Accredited-free state, paragraph (2) is

amended by removing ‘‘Wisconsin,’’.

3. In § 77.1, in the definition for

Accredited-free (suspended) State,

paragraph (2) is amended by removing

‘‘None’’ and adding ‘‘Wisconsin’’ in its

place.

Done in Washington, DC, this 21st day of

November 1995.

Lonnie J. King,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 95–30017 Filed 12–7–95; 8:45 am]

BILLING CODE 3410–34–P

CONSUMER PRODUCT SAFETY

COMMISSION

16 CFR Part 1512

Requirements for Bicycles

AGENCY: Consumer Product Safety

Commission.

ACTION: Revocation of rules.

SUMMARY: The Commission revokes two

labeling rules applicable to bicycles

introduced into interstate commerce

between May 11, 1976, and May 11,

1978. The Commission is revoking these

rules because no bicycles offered for

sale at this time are subject to their

requirements.

EFFECTIVE DATE: December 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Allen F. Brauninger, Attorney, Office of

the General Counsel, Consumer Product

Safety Commission, Washington, DC

20207; telephone (301) 504–0980,

extension 2216.

SUPPLEMENTARY INFORMATION:

A. Background

In 1976, the Commission published

regulations prescribing safety

requirements for bicycles under the

authority of the Federal Hazardous

Substances Act (FHSA) (15 U.S.C. 1261

et seq.), to become effective on May 11,

1976. (See the Federal Register notice of

January 28, 1976; 41 FR 4144.) These

regulations are codified at 16 CFR Part

1512, and include requirements for the

design, performance, and labeling of

bicycles.

The regulations are applicable to

bicycles introduced into interstate

commerce on and after May 11, 1976.

Bicycles introduced into interstate

commerce before that date are not

subject to their requirements.

Consequently, on the effective date of

the regulations, bicycles introduced into

interstate commerce before May 11,

1976, could be sold without violating

the regulations or the FHSA.

B. Issuance of Temporary Labeling

Requirements

To help consumers identify bicycles

manufactured to comply with the

regulations, the Commission included a

requirement in the regulations that

bicycles introduced into interstate