[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2550-2551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1224]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 96-033-2]
Official Brucellosis Tests
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the brucellosis regulations to add the rapid
automated presumptive test to the list of official tests for
determining the brucellosis disease status of test-eligible cattle,
bison, and swine. We are taking this action because the rapid automated
presumptive test has been shown to provide an accurate, automated, and
cost-effective means of determining the brucellosis status of test
eligible cattle, bison, and swine. Adding the rapid automated
presumptive test to the list of official tests for brucellosis in
cattle, bison, and swine will help to prevent the spread of brucellosis
by making available an additional tool for its diagnosis in those
animals.
EFFECTIVE DATE: February 18, 1997.
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--cattle, bison, and swine--brucellosis is characterized by
abortion and impaired fertility. The regulations in 9 CFR part 78
(referred to below as the regulations) govern the interstate movement
of cattle, bison, and swine in order to help prevent the spread of
brucellosis.
Official brucellosis tests are used to determine the brucellosis
disease status of cattle, bison, and swine. The regulations stipulate
that certain cattle, bison, and swine must, among other requirements,
test negative to an official brucellosis test prior to interstate
movement. Official brucellosis tests are also used to determine
eligibility for
[[Page 2551]]
indemnity payments for animals destroyed because of brucellosis. In
Sec. 78.1 of the regulations, the definition of official test lists
those tests that have been designated as official tests for determining
the brucellosis disease status of cattle, bison, and swine.
In a proposed rule published in the Federal Register on September
13, 1996 (61 FR 48430-48431, Docket No. 96-033-1), we proposed to amend
Sec. 78.1 of the regulations to add the rapid automated presumptive
(RAP) test as an official test.
We solicited comments concerning our proposed rule for 60 days
ending November 12, 1996. We received one comment by that date. The
comment we received was from a State cattlemen's association and
supported the proposed rule change.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule without
change.
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 rule amends the brucellosis regulations by adding the RAP test
to the list of official tests for determining the brucellosis disease
status of test-eligible cattle, bison, and swine. The RAP test has been
shown to provide an accurate, automated, and cost-effective means of
determining the brucellosis status of test eligible cattle, bison, and
swine. We believe that adding the RAP test to the list of official
tests for brucellosis in cattle, bison, and swine will help to prevent
the spread of brucellosis by making available a highly efficient tool
for its diagnosis in those animals.
Adding the RAP test as an official test is not expected to affect
the market price of the animals tested. Although more rapid testing
will likely allow faster marketing, the effect on owners of cattle,
bison, and swine will not be significant. Use of the RAP test is
optional, and other presumptive official tests remain available for use
by State and Federal animal health officials. The cost of the RAP test
is equal to or lower than other presumptive official tests in use.
Therefore, if those States currently using higher-cost presumptive
tests switch over to the RAP test, the total testing costs for the
Cooperative State/Federal Brucellosis Eradication Program will be
reduced.
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 new 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 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 9 CFR part 78 is amended as follows:
PART 78--BRUCELLOSIS
1. The authority citation for part 78 continues 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. In Sec. 78.1, in the definition of official test, paragraph
(a)(12) is redesignated as paragraph (a)(13) and new paragraphs (a)(12)
and (b)(4) are added to read as set forth below.
Sec. 78.1 Definitions.
* * * * *
Official test.
(a) * * *
(12) Rapid Automated Presumptive (RAP) test. An automated serologic
test to detect the presence of Brucella antibodies in test-eligible
cattle and bison. RAP test results are interpreted as either positive
or negative; the results are interpreted and reported by a scanning
autoreader that measures alterations in light transmission through each
test well and the degree of agglutination present. Cattle and bison
negative to the RAP test are classified as brucellosis negative; cattle
and bison positive to the RAP test shall be subjected to other official
tests to determine their brucellosis disease classification.
* * * * *
(b) * * *
(4) Rapid Automated Presumptive (RAP) test. An automated serologic
test to detect the presence of Brucella antibodies in test-eligible
swine. RAP test results are interpreted as either positive or negative;
the results are interpreted and reported by a scanning autoreader that
measures agglutination based on alterations in light transmission
through each test well. Swine negative to the RAP test are classified
as brucellosis negative; swine positive to the RAP test shall be
subjected to other official tests to determine their brucellosis
disease classification.
* * * * *
Done in Washington, DC, this 13th day of January 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-1224 Filed 1-16-97; 8:45 am]
BILLING CODE 3410-34-P
