[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Proposed Rules]
[Pages 1406-1408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-624]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 /
Proposed Rules
[[Page 1406]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 96-090-1]
Brucellosis; State and Area Classification Standards
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the brucellosis regulations to
provide for the Administrator to conduct a special review of areas with
fewer than 10,000 herds of cattle or bison in order to determine
whether an area may qualify for Class A brucellosis status. Currently,
the brucellosis regulations provide for such reviews to be conducted at
the State level. Extending the provisions for special review to the
area level would allow areas with a herd infection rate over 0.25
percent, but that might otherwise meet the criteria for Class A status,
to undergo a special review to determine whether Class A status should
be conferred on the area.
DATES: Consideration will be given only to comments received on or
before March 11, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-090-1, 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. 96-090-1. 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. M.J. Gilsdorf, National
Brucellosis Epidemiologist, Brucellosis Eradication Staff, VS, APHIS,
4700 River Road Unit 36, Riverdale, MD 20737-1228, (301) 734-7708; or
E-mail: mgilsdorf@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a contagious disease affecting animals and humans,
caused by bacteria of the genus Brucella. In its principal animal
hosts, brucellosis is characterized by abortion and impaired fertility.
Through a cooperative State and Federal effort, the United States
is now approaching total eradication of the field strain Brucella
abortus in domestic cattle and bison herds. As of November 30, 1996,
there were only 40 known infected domestic cattle and bison herds, and
the U.S. Department of Agriculture's Animal and Plant Health Inspection
Service (APHIS) had declared 36 States, Puerto Rico, and the U.S.
Virgin Islands free of the disease.
The brucellosis regulations contained in 9 CFR part 78 (referred to
below as the regulations) provide a system for classifying States or
portions of States (areas) according to the rate of Brucella abortus
infection present and the general effectiveness of the brucellosis
control and eradication program conducted in the State or area. The
classifications are Class Free, Class A, Class B, and Class C; States
or areas that do not meet the minimum standards for Class C may be
placed under Federal quarantine. At this point in the cooperative
State/Federal brucellosis eradication program, all States have achieved
either Class Free or Class A status; there are no classified areas. (An
``area'' is defined in the regulations as ``that portion of any State
which has a separate brucellosis classification under this part.'')
The definition of ``Class A State or area'' provides, in part, that
for a State or area to qualify for Class A status, no more than 0.25
percent of all herds in the State or area (i.e., 2.5 herds per 1,000
herds) may contain brucellosis reactors during any consecutive 12-month
period. However, those regulations also provide for an exception to be
made to that herd infection rate requirement when a State contains
10,000 or fewer herds. In such cases, the Administrator may conduct a
special review to determine whether a State with such a small herd
population would qualify for Class A status; the location of herds in
the State, sources of brucellosis, and the brucellosis control measures
taken by the State are considered in that review. Based on the results
of the review, the Administrator may determine that the State may be
granted Class A status despite a herd infection rate higher than 0.25
percent. As currently written, this special review exception applies
only to States--no provision is made for a special review of an area
with fewer than 10,000 herds.
In some Class A States where there are only a few remaining
affected herds, it is likely that most of the area within the State
could qualify for Class Free area status. However, the lack of a
special review exception to qualify areas as Class A is deterring the
States from requesting that the brucellosis-free portions of the State
be considered a Class Free area. This is because the remaining area
within the State--i.e., that portion of the State that still contains
affected herds--would likely have its status downgraded from Class A to
Class B or lower because the ratio of affected herds to total herds in
that area would place its herd infection rate above 0.25 percent. Given
that the potentially downgraded area has met the criteria for, and
enjoyed the benefits of, the Class A status held by the State as a
whole, it does not appear reasonable to downgrade that area's status in
the absence of any actual increase in the incidence of brucellosis
within that area.
Therefore, we are proposing to amend the definition of ``Class A
State or area'' to extend the provisions for special review in States
with fewer than 10,000 herds to areas with fewer than 10,000 herds. The
same considerations that factor into the special review of States--
i.e., locations of herds, sources of brucellosis, and brucellosis
control measures--would apply to the special review of areas. Thus, an
area with fewer than 10,000 herds that has a herd infection rate
greater than 0.25 percent, but that might otherwise be eligible for
Class A status, could be the subject of a special review by APHIS. If
the disposition of the herds within that area made the transmission of
brucellosis from affected herds to other herds unlikely, if the sources
of brucellosis infection within the brucellosis-affected herds were
found to not present a threat
[[Page 1407]]
of also infecting other herds, and if the measures taken within the
area to control brucellosis were found to be satisfactory, then the
area could be granted Class A status. We believe that granting an area
Class A status based on the satisfactory outcome of such a review would
not result in an increased likelihood that brucellosis might be spread
to adjacent States or areas, especially given that one of the factors
that would be considered is the measures taken within the area to
control the spread of brucellosis. If those measures were found to be
inadequate, the area would not be granted Class A status.
Miscellaneous
We are also proposing to amend several sections of the regulations
that contain references to cattle without also referring to bison. In
nearly all instances, those general provisions of the regulations that
apply to cattle also apply to bison; however, several definitions in
Sec. 78.1, as well as one sentence in Sec. 78.40 and several sentences
in Sec. 78.44, refer only to cattle when the reference should include
both cattle and bison. We would amend those three sections to rectify
those omissions.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
This proposed rule would amend the brucellosis regulations to
provide for the Administrator to conduct a special review of areas with
fewer than 10,000 herds of cattle or bison in order to determine
whether an area may qualify for Class A brucellosis status. Extending
the provisions for special review to the area level would allow areas
with a herd infection rate over 0.25 percent, but that might otherwise
meet the criteria for Class A status, to undergo a special review to
determine whether Class A status could be conferred on the area.
This proposed rule would allow the brucellosis status of some parts
of a State to advance without triggering a concomitant decrease in the
brucellosis status of the remaining areas within the State. Thus, the
status quo in terms of testing requirements would be maintained in the
area of the State that maintains Class A status, while testing
requirements would be eased in that portion of the State gaining Class
Free status, which would result in an overall positive economic effect
due to decreased testing costs within the State.
Test-eligible cattle and bison from Class A States or areas must
have a negative blood test for brucellosis within 30 days prior to
movement to be moved to a Class Free State or area. If a portion of a
State were to qualify as a Class Free area and the remaining area
within the State retained Class A status, the regulations would allow
breeding cattle and bison to be moved from the Class Free area of the
State to herds in Class Free States without prior testing for
brucellosis. Therefore, cattle and bison owners in that portion of a
State that qualified as a Class Free area would collectively realize a
savings in testing expenses, which is, on average, approximately $5.00
per head. The testing requirements for the movement of cattle and bison
from the Class A area of the State would remain the same, so there
would be neither an increase nor a decrease in testing costs for cattle
and bison owners within the Class A area.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required 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.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects in 9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 9 CFR part 78 would be amended as follows:
PART 78--BRUCELLOSIS
1. The authority citation for part 78 would continue to read as
follows:
Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-
126, 134b, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
2. Section 78.1 would be amended as follows:
Sec. 78.1 [Amended]
a. In the definition of Certificate, paragraph (a), the second
sentence, by adding the words ``or bison'' immediately after the word
``cattle''.
b. In the definition of Class A State or area:
i. In paragraph (a)(3), by adding the words ``or bison''
immediately after the word ``cattle'' each time it appears;
ii. In paragraph (b)(1), the first sentence, by removing the word
``cattle'' and by adding the words ``or areas'' after the words
``except in States'';
iii. In paragraph (b)(1), the second sentence, by adding the words
``or areas'' after the word ``States''; and
iv. In paragraph (b)(1), the third sentence, by adding the words
``or area'' after the word ``State''.
c. In the definition of Class B State or area, paragraph (a)(3), by
adding the words ``or bison'' immediately after the word ``cattle''
each time it appears; and in paragraph (b)(1), the first sentence, by
removing the word ``cattle''.
d. In the definition of Class C State or area, paragraph (a)(3), by
adding the words ``or bison'' immediately after the word ``cattle''
each time it appears; and in paragraph (b)(1), the first sentence, by
removing the word ``cattle''.
e. In the definition of Class Free State or area, in paragraph
(a)(3), by adding the words ``or bison'' immediately after the word
``cattle'' each time it appears; and in paragraph (b)(1), by removing
the word ``cattle'' both times it appears.
f. By revising the heading and definition of Market cattle
identification test cattle to read as set forth below.
g. In the definition of Official brand inspection certificate, by
adding the words ``or bison'' immediately after the word ``cattle''.
h. In the definition of Official brand recording agency, by adding
the words ``or bison'' immediately after the word ``cattle''.
i. In the definition of Originate, paragraph (c), by adding the
words ``or
[[Page 1408]]
bison'' immediately after the word ``cattle'' both times it appears.
j. In the definition of Permit for entry, by adding the words ``or
bison'' immediately after the word ``cattle''.
Sec. 78.1 Definitions.
* * * * *
Market cattle identification test cattle and bison. Cows and bulls
2 years of age or over that have been moved to recognized slaughtering
establishments, and test-eligible cattle and bison that are subjected
to an official test for the purposes of movement at farms, ranches,
auction markets, stockyards, quarantined feedlots, or other assembly
points. Such cattle and bison shall be identified by an official eartag
and/or United States Department of Agriculture backtag prior to or at
the first market, stockyard, quarantined feedlot, or slaughtering
establishment they reach.
* * * * *
Sec. 78.40 [Amended]
3. In Sec. 78.40, paragraph (c) would be amended by adding the
words ``and bison'' immediately after the word ``cattle''.
Sec. 78.44 [Amended]
4. Section 78.44 would be amended as follows:
a. In paragraph (c), in paragraph (9) of the Agreement, by adding
the words ``and bison'' immediately after the word ``cattle''.
b. In paragraph (c), in paragraph (10) of the Agreement, by adding
the words ``and bison'' immediately after the words ``of cattle''; by
adding the words ``or bison'' immediately after the words ``test-
eligible cattle''; and by adding the words ``or bison'' immediately
after the words ``other cattle''.
c. In paragraph (c), in paragraph (11) of the Agreement, by adding
the words ``and bison'' immediately after the words ``of cattle''; by
adding the words ``or bison'' immediately after the words ``test-
eligible cattle''; and by adding the words ``or bison'' immediately
after the words ``other cattle''.
d. In paragraph (c), in paragraph (12) of the Agreement, by adding
the words ``and bison'' immediately after the words ``of cattle''; by
adding the words ``or bison'' immediately after the words ``test-
eligible cattle''; and by adding the words ``or bison'' immediately
after the words ``other cattle''.
e. In paragraph (c), in paragraph (13) of the Agreement, by adding
the words ``or bison'' immediately after the word ``cattle'' both times
it appears.
f. In paragraph (d), in paragraph (9) of the Agreement, by adding
the words ``and bison'' immediately after the word ``cattle''.
g. In paragraph (d), in paragraph (10) of the Agreement, by adding
the words ``and bison'' immediately after the words ``of cattle''; by
adding the words ``or bison'' immediately after the words ``test-
eligible cattle''; and by adding the words ``or bison'' immediately
after the words ``other cattle''.
h. In paragraph (d), in paragraph (11) of the Agreement, by adding
the words ``and bison'' immediately after the words ``of cattle''; by
adding the words ``or bison'' immediately after the words ``test-
eligible cattle''; and by adding the words ``or bison'' immediately
after the words ``other cattle''.
i. In paragraph (d), in paragraph (12) of the Agreement, by adding
the words ``and bison'' immediately after the words ``of cattle''; by
adding the words ``or bison'' immediately after the words ``test-
eligible cattle''; and by adding the words ``or bison'' immediately
after the words ``other cattle''.
j. In paragraph (d), in paragraph (13) of the Agreement, by adding
the words ``or bison'' immediately after the word ``cattle'' both times
it appears.
Done in Washington, DC, this 7th day of January 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-624 Filed 1-9-97; 8:45 am]
BILLING CODE 3410-34-P
