[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6180]
[[Page Unknown]]
[Federal Register: March 17, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 51 and 78
[Docket No. 94-007-1]
Swine Brucellosis
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the brucellosis indemnity regulations to
provide for payment at fair market value for whole herds of swine
depopulated because of brucellosis. This action is necessary to
eliminate in an expeditious manner all swine herds known to be affected
with brucellosis. This action will also help ensure that swine
brucellosis is eradicated in the United States within the next 5 years,
thus saving the Federal government millions of dollars in program
costs. This action will also help eliminate the human health risk
associated with swine brucellosis. We are also amending the regulations
concerning interstate movement of swine to require that all
brucellosis-exposed swine from herds known to be affected with the
disease be identified with an eartag before being moved interstate from
the herd. This action will allow all handlers of swine to take
precautions in handling swine potentially infected with brucellosis.
DATES: Interim rule effective March 17, 1994. Consideration will be
given only to comments received on or before May 16, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 94-007-1. 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. Joseph F. Annelli, National Swine
Epidemiologist, Swine Health Staff, Veterinary Services, APHIS, USDA,
suite 204, Presidential Building, 6565 Belcrest Road, Hyattsville, MD
20782, (301) 436-7767.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a serious infectious disease of swine, cattle,
bison, and other species, including humans, caused by bacteria of the
genus Brucella. Brucellosis in swine is characterized by abortion,
infertility, orchitis, posterior paralysis, and lameness. To help
prevent the spread of the disease, and to further its eradication, the
regulations in 9 CFR part 51 provide for payment of Federal indemnity
to owners of certain animals destroyed because of brucellosis. The
payment of indemnity is intended to provide owners with a financial
incentive for promptly destroying animals infected with or exposed to
brucellosis. Because the continued presence of brucellosis in a herd
seriously threatens the health of animals in that herd and possibly
other herds, the prompt destruction of brucellosis-affected swine is
critical if brucellosis eradication efforts in the United States are to
succeed.
Under the regulations in Sec. 51.3(b)(2) prior to the effective
date of this interim rule, indemnity payments for herd depopulation
were made only for breeding swine destroyed because of brucellosis, and
were based on a maximum ``per head'' rate of $150 per head for
registered, inbred, or hybrid swine, and $65 per head for all other
breeding swine. In this interim rule, we are amending the regulations
to provide that in the case of whole herd depopulation of swine,
indemnity payments shall be paid for all swine in the herd, not just
for breeding swine, and at a fair market value determined by the
Administrator of the Animal and Plant Health Inspection Service
(APHIS), based on an appraisal conducted by an independent appraiser
assigned by the Administrator, except that indemnity payments, plus any
salvage, must not exceed the appraised value of each animal.
Because brucellosis is primarily transmitted through sexual
contact, swine other than breeding swine have not been considered to be
significantly at risk for transmitting brucellosis to other swine.
Consequently, indemnity has not been paid for ``feeder'' or
``finishing'' pigs. Recently, however, the infection of 30 humans with
brucellosis through the handling of swine other than breeding swine at
a packing plant in North Carolina has indicated that such swine do pose
a significant risk of transmitting brucellosis to swine and humans.
In response to the occurrence of brucellosis among workers at the
packing plant, the State of North Carolina has ordered that the plant
may obtain swine only from validated brucellosis-free States, or from
validated brucellosis-free herds in States other than validated
brucellosis-free States. Although, at this time, the infection of
humans and the North Carolina order involve only one packing plant, if
the problem were to broaden and occur at other packing plants in North
Carolina, or to occur in additional States, additional individuals
could suffer significant hardship from brucellosis infections, and
packing plants and owners of herds other than validated brucellosis-
free herds could experience severe economic disruption.
The United States Animal Health Association (USAHA), a nationwide
association of State veterinarians and industry members, recently
passed a resolution requesting that the Department establish the goal
of the complete eradication of swine brucellosis in the United States
by the end of 1996. This resolution was supported by the National Pork
Producers Council (NPPC) and the American Meat Institute (AMI).
Additionally, the USAHA passed a second resolution, supported by NPPC
and AMI, requesting that the Department move to depopulate immediately
all herds of swine known to be affected with brucellosis by paying fair
market value for all swine in the affected herds. (Under Sec. 51.1, a
herd known to be affected is defined as any herd in which any animal
has been classified as a brucellosis reactor and which has not been
released from quarantine.)
We compared the probable outcome of following the USAHA resolutions
with that of continuing the existing eradication program, and concluded
that eradication of swine brucellosis can be accomplished more quickly,
with significantly less expense, by beginning now to pay fair market
value for whole herd depopulation.
This change in the indemnity regulations is warranted now due to
the success of the existing swine brucellosis eradication program.
During the life of the program, the prevalence of swine brucellosis has
been reduced from 15 percent of the nation's swine herds to 0.014
percent. Currently, only 34 herds nationwide are known to be affected
with brucellosis. Because the number of herds known to be affected is
small, paying fair market value for whole herd depopulation is
feasible.
When undertaking whole herd depopulation, herd owners, where it is
possible, will be required either to dispose of the swine through means
other than slaughter (e.g., through burial, incineration, rendering,
etc.) on the premises where the animals are held or penned at the time
the indemnity is approved, or to move their swine for disposal to
another location when movement to the location is approved, in advance,
by an APHIS representative. Paying fair market value for whole herd
depopulation, as provided for in this interim rule, will enable herd
owners to dispose of swine through means other than slaughter (e.g.,
through burial, incineration, rendering, etc.). (The flat rates
provided for under the existing regulations assume that the herd owner
will also receive salvage value at slaughter.) Disposing of swine
through such alternate means will help eliminate the danger of
spreading brucellosis to swine, as well as help protect packing plant
workers from the danger posed by brucellosis-infected swine.
Prior to the effective date of this interim rule, Sec. 51.6 of the
regulations required that swine for which indemnity was paid under the
regulations be slaughtered at a slaughtering establishment. In order to
allow for alternative means of destruction, we are amending
Sec. 51.6(c) in this interim rule to provide that in the case of
indemnity paid for whole herd depopulation, swine may be destroyed on
the premises where the animals are held or penned at the time the
indemnity is approved, or may be moved for destruction to another
location when movement to the location is approved in advance by an
APHIS representative. We are also providing that in cases where the
swine are destroyed other than at a slaughtering establishment, the
carcasses of the swine shall be disposed of by burial, incineration, or
other disposal means authorized by applicable State law, and are
requiring that destruction and disposition of animals destroyed other
than at a slaughtering establishment be performed in the presence of an
APHIS representative.
As noted above, in paying fair market value for whole herd
indemnity, every effort will be made to dispose of swine by means other
than slaughter. In some cases, however, when a packing plant is willing
to handle swine from herds known to be affected, when it has been
notified of the arrival of the swine, and when appropriate precautions
are taken to protect the plant's workers, slaughter may be a feasible
means of disposing of the animals. As noted above, in such cases, the
indemnity paid, plus any salvage, must not exceed the appraised value
of the swine.
Although, under the provisions of this interim rule, average
indemnity costs for the Federal government will increase from $1,760
per herd to $9,030 per herd, the total cost for indemnity is expected
to increase only slightly over the life of the program, and total
program costs are expected to decrease substantially. According to
APHIS projections, the eradication program as provided for prior to
this interim rule would have required over 30 more years to accomplish
total eradication, with projected costs of almost $600,000 for
indemnity and $18 million for surveillance. In contrast, because the
provisions of this interim rule will allow for the quick depopulation
of herds known to be affected with brucellosis, and therefore increase
program effectiveness, total eradication is expected to be accomplished
in 5 years, with projected costs of $850,000 for indemnity and $10.5
million for surveillance. Thus, the total cost of eradication will be
reduced from $18.6 million to $11.35 million, and the time necessary to
achieve eradication shortened by more than 25 years.
Identification of Exposed Swine From Herds Affected With Brucellosis
The regulations in 9 CFR part 78 govern, among other things, the
interstate movement of swine affected with brucellosis. Under these
regulations, the interstate movement of brucellosis reactor swine and
exposed swine is subject to certain restrictions. Among the
restrictions on the movement of reactor swine is the requirement that
such swine be individually identified by attaching to the left ear a
metal tag bearing a serial number and the inscription, ``U.S.
Reactor,'' or a metal tag bearing a serial number designated by the
State animal health official for identifying brucellosis reactors.
Although part 78 does require that exposed swine moved interstate
be accompanied by a permit, it does not require that exposed swine from
a herd known to be affected with brucellosis be identified with a metal
eartag. However, because some swine originating in a herd known to be
affected are likely to be the offspring of infected sows, and because
the swine in the herd may be in extended contact with infected swine,
they are at increased risk of being infected with brucellosis. Because
of this increased risk, we consider it necessary to provide that such
swine can be readily identified prior to slaughter. In order to better
monitor the movement of exposed swine to ensure that they are destroyed
and are not diverted into herds not affected with brucellosis, we are
amending Sec. 78.32 to require that exposed swine from a herd known to
be affected with brucellosis may be moved interstate from the herd only
if identified in the same manner as reactor swine. This identification
will facilitate the monitoring of such swine until they are
slaughtered, thus protecting against the spread of brucellosis by such
animals. An additional benefit of such identification is that it will
alert packing plants to the arrival of reactor swine, allowing them to
take appropriate handling precautions.
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 eliminate a public health risk, avert a potentially
serious economic impact on swine marketing, reduce government expenses,
and significantly shorten the time necessary for the eradication of
swine brucellosis.
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
The Department has reviewed this rule under Executive Order 12866.
The rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget.
This interim rule provides for indemnity payment for whole herd
depopulation of swine herds known to be affected with brucellosis.
Prior to the effective date of this interim rule, indemnity for herd
depopulation was paid only for breeding swine infected with or exposed
to the disease, and was based on a maximum ``per head'' rate of $150
per head for registered, inbred, or hybrid swine, and $65 per head for
all other breeding swine.
At present 34 swine herds in the United States are known to be
affected with brucellosis. This number represents 0.014 percent of the
235,840 swine herds in this country. Of the 34 herds, 18 are in Florida
and 12 are in Texas. Louisiana, Mississippi, South Carolina, and
Oklahoma have 1 each. The 34 herds known to be affected are all
independently owned, and all of the farmers are considered ``small
entities'' (annual gross receipts of $0.5 million or less, according to
Small Business Administration size standards).
APHIS cannot require that farmers depopulate their herds, so it is
impossible to determine exactly how many owners will accept indemnity
for whole herd depopulation. Because several herds are in the final
stages of brucellosis ``cleanup,'' these farmers may not choose to
depopulate their entire herds.
At the time of this writing, current market values for the
different classes of swine are:1 Sows, $160; boars, $150; gilts,
$160; feeder pigs, $100; and suckling pigs, $20.
---------------------------------------------------------------------------
\1\These values do not include potential salvage values received
at the time of slaughter.
---------------------------------------------------------------------------
If owners choose to depopulate their entire herds, under the
regulations they could start new operations with a more productive
swine herd after a standard minimum of 30 days of ``downtime'' for
elimination of the Brucella bacteria from the premises through cleaning
and disinfecting. Noninfected sows tend to produce more piglets than do
infected sows.
This interim rule also requires that all exposed swine in a herd
known to be affected with brucellosis must be identified with a metal
eartag before being moved interstate from the herd known to be
affected. We estimate that the cost of applying eartags to exposed
swine in the average herd known to be affected will be less than $50.
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
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.) the information collection or recordkeeping requirements
included in this interim rule will be submitted for approval to the
Office of Management and Budget. Please send written comments to the
Office of Information and Regulatory Affairs, OMB, Attention: Desk
Officer for APHIS, Washington, DC 20503. Please send a copy of your
comments to: (1) Chief, Regulatory Analysis and Development, PPD,
APHIS, USDA, room 804, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, and (2) Clearance Officer OIRM, USDA, room 404-
W, 14th Street and Independence Avenue SW., Washington, DC 20250.
List of Subjects
9 CFR Part 51
Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and
recordkeeping requirements.
9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
Accordingly, 9 CFR parts 51 and 78 are amended as follows:
PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS
1. The authority citation for part 51 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
134b; 7 CFR 2.17, 2.51, and 371.2(d).
2. In Sec. 51.3, paragraph (b)(2), the first sentence is amended by
adding the words ``or whose whole herd'' immediately after the word
``swine'', revising the second sentence, and adding a new sentence
after the second sentence to read as follows:
* * * * *
Sec. 51.3 Payment to owners for animals destroyed.
* * * * *
(b) * * *
(2) * * *
The indemnity shall not exceed $150 per head for registered,
inbred, or hybrid breeding swine, and $65 per head for all other
breeding swine, except that in the case of whole herd depopulation,
indemnity payments shall be paid on all swine in the herd at fair
market value, as determined by the Administrator, based on an appraisal
conducted by an independent appraiser assigned by the Administrator. In
cases where indemnity is paid for whole herd depopulation, indemnity
payments, plus any salvage, must not exceed the appraised value of each
animal. * * *
3. In Sec. 51.6, paragraph (c) is revised to read as follows:
Sec. 51.6 Destruction of animals; time limit for destruction of
animals.
* * * * *
(c) Swine. The claimant shall be responsible for insuring that
swine subject to this part shall be sold under permit to a slaughtering
establishment where State or Federal Meat inspection is available, or
to a market approved by the State Animal Health Official, or to a
market approved by the Administrator, for sale to such slaughtering
establishment;5 except that in the case of indemnity for whole
herd depopulation, as provided for in Sec. 51.3, swine shall be
destroyed, if possible, on the premises where the animals are held or
penned at the time the indemnity is approved, or may be moved for
destruction to another location when movement to the location is
approved in advance by an APHIS representative. In cases where the
swine are destroyed other than at a slaughtering establishment, the
carcasses of the swine shall be disposed of by burial, incineration, or
other disposal means authorized by applicable State law. The
destruction and disposition of animals destroyed in accordance with
this section other than at a slaughtering establishment shall be
performed in the presence of an APHIS representative.
---------------------------------------------------------------------------
\5\Markets are approved by the Administrator in accordance with
Sec. 76.18 of this chapter.
---------------------------------------------------------------------------
* * * * *
PART 78--BRUCELLOSIS
4. 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, 134f; 7 CFR 2.17, 2.51, and 371.2(d).
5. Section 78.32 is revised to read as follows:
Sec. 78.32 Brucellosis exposed swine.
(a) Brucellosis exposed swine may be moved interstate only if
accompanied by a permit and only for immediate slaughter as follows:
(1) Directly to a recognized slaughtering establishment; or
(2) Directly to a stockyard posted under the Packers and Stockyards
Act, as amended (7 U.S.C. 181 et seq.), or directly to a market agency
or dealer registered under the Packers and Stockyards Act, for sale to
a recognized slaughtering establishment.
(b) Brucellosis exposed swine from a herd known to be affected with
brucellosis may be moved interstate from the herd known to be affected
only if such swine are individually identified by attaching to the left
ear a metal tag bearing a serial number and the inscription, ``U.S.
Reactor,'' or a metal tag bearing a serial number designated by the
State animal health official for identifying brucellosis reactors.
(Approved by the Office of Management and Budget under control
number 0579-0047)
Done in Washington, DC, this 11th day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6180 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-34-P
