[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Rules and Regulations]
[Pages 67319-67321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31415]
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[[Page 67320]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 95-074-1]
Validated Brucellosis-Free States; Georgia
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 swine by adding Georgia to the list of validated
brucellosis-free States. We have determined that Georgia meets the
criteria for classification as a validated brucellosis-free State. This
action relieves certain restrictions on the interstate movement of
breeding swine from Georgia.
DATES: Interim rule effective December 29, 1995. Consideration will be
given only to comments received on or before February 27, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-074-1, 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. 95-074-1. 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. Arnold Taft, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, suite 3B08,
4700 River Road Unit 43, Riverdale, MD 20737-1231, (301) 734-4916.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a contagious disease affecting animals and man,
caused by bacteria of the genus Brucella. The brucellosis regulations,
contained in 9 CFR part 78 (referred to below as the regulations),
prescribe conditions for the interstate movement of cattle, bison, and
swine.
Under the swine brucellosis regulations, States, herds, and
individual animals are classified according to their brucellosis
status. Interstate movement requirements for swine are based upon the
disease status of the individual animal or the herd or State from which
the animal originates.
We are amending Sec. 78.43 of the regulations, which lists
validated brucellosis-free States, to include Georgia. A State may
apply for validated brucellosis-free status when:
(1) Any herd found to have swine brucellosis during the 2-year
qualification period preceding the application has been depopulated.
More than one finding of a swine brucellosis-infected herd during the
qualification period disqualifies the State from validation as
brucellosis-free; and
(2) During the 2-year qualification period, the State has completed
surveillance, annually, by either complete herd testing, market swine
testing, or statistical analysis.
Breeding swine originating from a validated brucellosis-free State
or herd may be moved interstate without having been tested with an
official test for brucellosis within 30 days prior to interstate
movement, which would otherwise be required.
After reviewing its brucellosis program records, we have concluded
that Georgia meets the criteria for classification as a validated
brucellosis-free State. Therefore, we are adding Georgia to the list of
States in Sec. 78.43. This action relieves certain restrictions on the
interstate movement of breeding swine from Georgia.
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 swine from Georgia.
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.
This action removes the requirement that breeding swine be tested
for brucellosis prior to movement interstate from Georgia.
Swine herd producers in Georgia are all small businesses (defined
by the Small Business Administration as having annual gross receipts of
less than $500,000). Currently, these small producers have about 50,000
adult swine tested annually for brucellosis. We are not able to
determine exactly how many of these tests are performed for the purpose
of certifying breeding swine for movement interstate, but we estimate
the number to be very small.
Currently, swine are routinely tested for pseudorabies and swine
brucellosis with the same blood sample at an approximate cost to the
producer of $5 per blood sample. Even though the swine will no longer
have to be tested for swine brucellosis to move interstate as a result
of this change in the regulations, they will still need to be tested
for pseudorabies. Therefore, this change in the regulations will not
create or remove any costs for swine producers in Georgia.
We anticipate, therefore, that this action will have a minimal, if
any, economic impact on swine herd producers in Georgia. The few small
producers that do move breeder swine interstate will still have to pay
for a pseudorabies test for the swine.
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
[[Page 67321]]
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).
Sec. 78.43 [Amended]
2. Section 78.43 is amended by adding ``Georgia,'' immediately
after ``Delaware,''.
Done in Washington, DC, this 19th day of December 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-31415 Filed 12-28-95; 8:45 am]
BILLING CODE 3410-34-P
