96-29476. Brucellosis in Cattle; State and Area Classifications; New Mexico  

  • [Federal Register Volume 61, Number 223 (Monday, November 18, 1996)]
    [Rules and Regulations]
    [Pages 58625-58626]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-29476]
    
    
    
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    Federal Register / Vol. 61, No. 223 / Monday, November 18, 1996 / 
    Rules and Regulations
    
    [[Page 58625]]
    
    
    
    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    
    9 CFR Part 78
    
    [Docket No. 96-045-1]
    
    
    Brucellosis in Cattle; State and Area Classifications; New Mexico
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Interim rule and request for comments.
    
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    SUMMARY: We are amending the brucellosis regulations concerning the 
    interstate movement of cattle by changing the classification of New 
    Mexico from Class A to Class Free. We have determined that New Mexico 
    meets the standards for Class Free status. This action relieves certain 
    restrictions on the interstate movement of cattle from New Mexico.
    
    DATES: Interim rule effective November 18, 1996. Consideration will be 
    given only to comments received on or before January 17, 1997.
    
    ADDRESSES: Please send an original and three copies of your comments to 
    Docket No. 96-045-1, 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. 96-045-1. 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. Michael J. Gilsdorf, Senior Staff 
    Veterinarian, Cattle Diseases and Surveillance Staff, VS, APHIS, Suite 
    3B08, 4700 River Road Unit 36, Riverdale, MD 20737-1231, (301) 734-
    7708.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Brucellosis is a contagious disease affecting animals and humans, 
    caused by bacteria of the genus Brucella.
        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 according to the rate of Brucella infection 
    present, and the general effectiveness of a brucellosis control and 
    eradication program. 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 are required to be placed under Federal quarantine.
        The brucellosis Class Free classification is based on a finding of 
    no known brucellosis in cattle for the 12 months preceding 
    classification as Class Free. The Class C classification is for States 
    or areas with the highest rate of brucellosis. Class B and Class A fall 
    between these two extremes. Restrictions on moving cattle interstate 
    become less stringent as a State approaches or achieves Class Free 
    status.
        The standards for the different classifications of States or areas 
    entail (1) maintaining a cattle herd infection rate not to exceed a 
    stated level during 12 consecutive months; (2) tracing back to the farm 
    of origin and successfully closing a stated percent of all brucellosis 
    reactors found in the course of Market Cattle Identification (MCI) 
    testing; (3) maintaining a surveillance system that includes testing of 
    dairy herds, participation of all recognized slaughtering 
    establishments in the MCI program, identification and monitoring of 
    herds at high risk of infection (including herds adjacent to infected 
    herds and herds from which infected animals have been sold or 
    received), and having an individual herd plan in effect within a stated 
    number of days after the herd owner is notified of the finding of 
    brucellosis in a herd he or she owns; and (4) maintaining minimum 
    procedural standards for administering the program.
        Before the effective date of this interim rule, New Mexico was 
    classified as a Class A State.
        To attain and maintain Class Free status, a State or area must (1) 
    remain free from field strain Brucella abortus infection for 12 
    consecutive months or longer; (2) trace back at least 90 percent of all 
    brucellosis reactors found in the course of MCI testing to the farm of 
    origin; (3) successfully close at least 95 percent of the MCI reactor 
    cases traced to the farm of origin during the 12 consecutive month 
    period immediately prior to the most recent anniversary of the date the 
    State or area was classified Class Free; and (4) have a specified 
    surveillance system, as described above, including an approved 
    individual herd plan in effect within 15 days of locating the source 
    herd or recipient herd.
        After reviewing the brucellosis program records for New Mexico, we 
    have concluded that this State meets the standards for Class Free 
    status. Therefore, we are removing New Mexico from the list of Class A 
    States in Sec. 78.41(b) and adding it to the list of Class Free States 
    in Sec. 78.41(a). This action relieves certain restrictions on moving 
    cattle interstate from New Mexico.
    
    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 remove unnecessary restrictions on the interstate movement 
    of cattle from New Mexico.
        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
    
    [[Page 58626]]
    
    has waived its review process required by Executive Order 12866.
        Cattle moved interstate are moved for slaughter, for use as 
    breeding stock, or for feeding. Changing the brucellosis status of New 
    Mexico from Class A to Class Free will promote economic growth by 
    reducing certain testing and other requirements governing the 
    interstate movement of cattle from this State. Testing requirements for 
    cattle moved interstate for immediate slaughter or to quarantined 
    feedlots are not affected by this change. Cattle from certified 
    brucellosis-free herds moving interstate are not affected by this 
    change.
        The groups affected by this action will be herd owners in New 
    Mexico, as well as buyers and importers of cattle from this State.
        There are an estimated 29,000 cattle herds in New Mexico that would 
    be affected by this rule. Ninety-eight percent of these are owned by 
    small entities. Test-eligible cattle offered for sale interstate from 
    other than certified-free herds must have a negative test under present 
    Class A status regulations, but not under regulations concerning Class 
    Free status. If such testing were distributed equally among all herds 
    affected by this rule, Class Free status would save approximately $5.56 
    per herd.
        Therefore, we believe that changing the brucellosis status of New 
    Mexico will not have a significant economic impact on the small 
    entities affected by this interim rule.
        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 document contains no information collection or recordkeeping 
    requirements under the Paperwork Reduction Act of 1980 (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).
    
    
    Sec. 78.41  [Amended]
    
        2. In Sec. 78.41, paragraph (a) is amended by adding ``New 
    Mexico,'' immediately after ``New Jersey,''.
        3. In Sec. 78.41, paragraph (b) is amended by removing ``New 
    Mexico,''.
    
        Done in Washington, DC, this 12th day of November 1996.
    A. Strating,
    Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 96-29476 Filed 11-15-96; 8:45 am]
    BILLING CODE 3410-34-P
    
    
    

Document Information

Effective Date:
11/18/1996
Published:
11/18/1996
Department:
Animal and Plant Health Inspection Service
Entry Type:
Rule
Action:
Interim rule and request for comments.
Document Number:
96-29476
Dates:
Interim rule effective November 18, 1996. Consideration will be given only to comments received on or before January 17, 1997.
Pages:
58625-58626 (2 pages)
Docket Numbers:
Docket No. 96-045-1
PDF File:
96-29476.pdf
CFR: (1)
9 CFR 78.41