[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Rules and Regulations]
[Pages 15281-15284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8305]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 51
[Docket No. 98-016-1]
Brucellosis; Increased Indemnity for Cattle and Bison
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations governing Federal indemnity
paid under the brucellosis eradication program to increase the amount
of indemnity that may be paid for certain cattle and bison destroyed
because of brucellosis. This action will accelerate the eradication of
brucellosis from the United States by giving owners sufficient
financial incentive to destroy brucellosis-exposed cattle and bison by
promptly depopulating brucellosis-affected herds. A number of owners of
cattle and bison are reluctant to depopulate their affected herds,
thereby increasing the risk of disease spread in the eradication
program's last scheduled year.
DATES: Interim rule effective March 24, 1998. Consideration will be
given only to comments received on or before June 1, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-016-1, 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. 98-016-1. 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. R. T. Rollo, Staff Veterinarian,
National Animal Health Programs, VS, APHIS, 4700 River Road, Unit 36,
Riverdale, MD 20737-1231, (301) 734-7709.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a contagious disease affecting animals and humans
caused by bacteria of the genus Brucella. In humans, brucellosis
initially causes flulike symptoms, but the disease may develop into a
number of chronic conditions, such as arthritis. In cattle and bison,
brucellosis causes, among other things, decreased milk production,
weight loss, and loss of young through abortion or birth of weak
calves. Humans can be treated for brucellosis with antibiotics; there
is no feasible means of curing brucellosis in animals.
Brucellosis is commonly transmitted to susceptible animals by
direct contact with infected animals. The disease is also transmitted
to susceptible animals in contact with an environment that has been
contaminated by discharges from infected animals. Infected pregnant
cows may discharge billions of Brucella bacteria at calving or
abortion. Although it is not common, infected bulls can spread the
disease to cows during breeding. Because brucellosis is transmitted by
sexually intact animals, steers and spayed heifers do not pose a risk
of transmitting brucellosis.
The regulations in part 78 of title 9 of the Code of Federal
Regulations (CFR) govern the interstate movement of cattle, bison, and
swine to help prevent the interstate spread of brucellosis. The
regulations are part of a cooperative Federal and State program,
administered by the Animal and Plant Health Inspection Service (APHIS),
U.S. Department of Agriculture (USDA), to eradicate brucellosis from
the United States. Program officials are striving to eradicate the
field strain of Brucella abortus from domestic cattle and bison herds
by December 1998. The regulations in part 78 provide, among other
things, a system for classifying States or portions of States (areas)
according to the rate of B. 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, Class C, and quarantined States or areas. Quarantined
States or areas indicate States or areas with the highest rates of
brucellosis infection, and Class Free States or areas are those in
which there have been no findings of brucellosis infection for the 12
months preceding classification. As of March 1998, there were only 9
known affected cattle herds and 1 known affected bison herd, and APHIS
had declared 41 States, Puerto Rico, and the U.S. Virgin Islands free
of the disease. The nine remaining States are all Class A States.
The basic approach to brucellosis eradication in cattle and bison
has been to test cattle and bison for infection and send infected and
exposed animals to slaughter. Brucellosis-exposed cattle and
brucellosis-exposed bison have a high probability of contracting
[[Page 15282]]
brucellosis, and may, in fact, be contagious before they react to an
official test for brucellosis. The incubation period varies: Usually,
cattle and bison develop a positive reaction to the blood test for
brucellosis within 2 to 12 weeks after infection, but some may not do
so for 8 months or longer. Meanwhile, any exposed sexually intact
cattle and bison are potential transmitters of the disease. Because the
continued presence of brucellosis in a herd seriously threatens the
health of animals in that herd and other herds, the prompt destruction
of brucellosis-affected cattle or bison is critical.
To encourage destruction of sexually intact cattle and bison
infected with or exposed to brucellosis, USDA offers indemnity to
certain owners. The regulations in 9 CFR part 51 (referred to below as
the regulations) provide for payment of Federal indemnity to owners of
certain animals destroyed because of brucellosis. Paragraphs (a)(1)
through (a)(4) of Sec. 51.3 of the regulations, ``Payment to owners for
animals destroyed,'' pertain to cattle and bison. According to
Sec. 51.3(a), the APHIS Administrator may authorize the payment of
Federal indemnity by the USDA to any owner whose cattle or bison are
destroyed as affected with brucellosis. Specifically, in accordance
with paragraphs (a)(1) through (a)(4), the APHIS Administrator may
authorize the payment of Federal indemnity by the USDA to any owner:
Whose cattle or bison are destroyed as brucellosis reactors, whose herd
of cattle or bison is destroyed because the Administrator has
determined that destruction of all cattle and bison in the herd will
contribute to the brucellosis eradication program, whose exposed female
calf or calves are destroyed because of brucellosis, and who has
brucellosis-exposed cattle or bison destroyed that were previously sold
or traded from any herd that has, subsequent to the sale or trade, been
found to be affected with brucellosis.
Currently, Sec. 51.3 (a)(1) through (a)(4) allow, with a few
exceptions, the following maximum per-head amounts for Federal
indemnity:
(1) For reactors that are not part of a whole-herd depopulation:
$250 for registered cattle and nonregistered dairy cattle and $50 for
bison and nonregistered cattle other than dairy cattle.
(2) For cattle and bison in herds approved for depopulation:
In States other than Class Free States: $250 for any
nonregistered cattle other than dairy cattle; $250 for bison; and the
lesser of 95 percent of appraised value, minus salvage value, or $750,
for any registered cattle or nonregistered dairy cattle.
In Class Free States: For any registered cattle,
nonregistered dairy cattle, and any cattle or bison from herds affected
with brucellosis, the lesser of 95 percent of appraised value, minus
salvage value, or $750.
(3) For sexually intact exposed female calves: $50 (except for
sexually intact female calves destroyed as part of a whole-herd
depopulation, in which case the owners of such calves would receive the
amounts listed in (2) above).
(4) For exposed cattle and bison sold or traded from a herd that
has subsequently been found to be affected with brucellosis: $250 for
registered cattle and nonregistered dairy cattle and $150 for bison and
nonregistered cattle other than dairy cattle.
The regulations also include different indemnity rates for certain
types of animals approved for indemnity under the brucellosis
eradication program in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin
Islands because transportation costs to those locations make market
prices for replacement animals higher than for animals in the
contiguous United States.
Without sufficient financial incentive to destroy exposed animals
or depopulate affected herds, many owners prefer to quarantine exposed
animals or, when the exposed animals in a herd cannot be isolated, the
entire herd. Quarantining is a lengthy and expensive process for both
an owner and the USDA. The USDA has to pay to have the quarantined herd
tested periodically, until the herd is found to be free of brucellosis,
and the owner may not sell or move any animals while they are under
quarantine, except for slaughter, which provides less revenue than
sales for breeding purposes.
To provide additional financial incentive for owners to choose
depopulation when USDA offers to pay indemnity for destruction of a
herd, we are amending Sec. 51.3 (a)(1) through (a)(4). The amendments
change the method of determining the indemnity to be paid for all
cattle and bison destroyed under the program, except for individual
reactors and sexually intact exposed female calves that are not part of
a whole-herd depopulation. Under this rule, the Administrator may
authorize the payment of indemnity by USDA to any owner of the
following animals destroyed under the brucellosis eradication program:
(1) Cattle and bison identified as reactors as a result of a complete
herd test and any sexually intact exposed female calves (defined in
Sec. 51.1 as ``a female bovine less than 6 months of age that is nursed
by a brucellosis reactor at the time such reactor is condemned, and
that has not been altered to make it incapable of reproduction''), (2)
cattle and bison in a herd that has been approved by APHIS for
depopulation, and (3) brucellosis-exposed cattle and bison that were
previously sold or traded from any herd that has, subsequent to the
sale or trade, been found to be affected with brucellosis. In the case
of the brucellosis-exposed cattle and bison, epidemiological
information such as test results, herd history, and related evidence
would be used to establish a probable date when the herd was first
affected with brucellosis. Animals sold after that date would be
considered to be exposed; those sold before that date would not.
Also under this rule, all owners of cattle and bison offered
Federal indemnity, except owners of cattle and bison reactors and any
sexually intact exposed female calves identified as a result of a
complete herd test and destroyed other than as part of a whole-herd
depopulation, may choose one of two methods, described below, for
determining the indemnity amounts. The method chosen must be used for
all animals to be destroyed. Owners that destroy cattle and bison
reactors and sexually intact exposed female calves other than as part
of a whole-herd depopulation are eligible to receive fixed rates for
their animals: $250 for any registered cattle and nonregistered dairy
cattle and $50 for any bison, nonregistered cattle other than dairy
cattle, or sexually intact exposed female calves. Owners that destroy
cattle and bison in herds approved for depopulation or brucellosis-
exposed cattle and bison that meet the conditions described above may
choose the appraisal method or fixed-rate method for determining the
indemnity amounts. Under the appraisal method, each eligible animal
will be appraised to determine its fair market value, and the indemnity
shall be the appraised value minus the salvage value. Under the fixed-
rate method, the indemnity will not exceed $250 per animal.
Owners have the option of having an appraisal done prior to
choosing the method used. Appraisals will be conducted by an
independent appraiser selected by the APHIS Administrator, and the cost
of the appraisals will be borne by APHIS. In all cases, the amount of
Federal indemnity will be determined in accordance with the regulations
in 9 CFR part 51 that were in effect on the date that reactors were
found or the date that depopulation or removal of individual exposed
animals was approved. Prior to payment of
[[Page 15283]]
indemnity, proof of destruction 1 must be furnished to the
Veterinarian in Charge.
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\1\ The Veterinarian in Charge shall accept any of the following
documents as proof of destruction: (a) A postmortem report; (b) a
meat inspection certification of slaughter; (c) a written statement
by a State representative, APHIS representative, or accredited
veterinarian attesting to the destruction of the animal; (d) a
written, sworn statement by the owner or caretaker of the animal
attesting to the destruction of the animal; (e) a permit (VS Form 1-
27) consigning the animal from a farm or livestock market directly
to a recognized slaughtering establishment; or (f) in unique
situations where the documents listed above are not available, other
similarly reliable forms of proof of destruction.
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In accordance with Sec. 51.3 of the regulations, the Administrator
shall authorize the maximum per-head amount for animals approved for
indemnity under the brucellosis eradication program unless: (1)
Sufficient funds are not available, (2) the State or area in which the
animal is located is under Federal quarantine, (3) the State does not
request payment of Federal indemnity, or (4) the State requests a rate
lower than the maximum. The total compensation that APHIS will provide
in fiscal year 1998 will be limited by available appropriated funding
and will not exceed $3.41 million on a nationwide basis.
We are making these changes to the regulations at this time for
many reasons, including accomplishing the regulatory reform goal of
simplifying the regulations so that owners of brucellosis-affected
animals can easily determine eligibility of their animals for indemnity
and the maximum allowable indemnity rates. More importantly, program
officials are striving to reach the goal of eradicating brucellosis
from domestic cattle and bison herds by the end of 1998. As of March
1998, only 10 herds in the United States (9 cattle herds in Texas and 1
bison herd in South Dakota) remained under quarantine for brucellosis.
We believe that depopulation of all affected herds is the most
effective way to achieve eradication and prevent spread of the disease
to unaffected herds. However, at the current indemnity rates specified
in the regulations, some owners of affected herds are reluctant to
depopulate their herds. Destruction of all affected animals is
especially critical at this time as the program is in its last
scheduled year, and severe funding cuts are expected next year. This
rule provides an economic incentive for the timely removal of
brucellosis-exposed animals from any herd, thus minimizing the risk of
those animals spreading brucellosis to a new herd.
We want to encourage owners to depopulate entire herds when program
officials have determined that such action is appropriate. By offering
owners of affected herds the opportunity to receive fair market value
for their animals, we believe that more owners will choose to
depopulate their herds, rather than maintain their herds under
quarantine. We are excluding reactors and sexually intact exposed
female calves not destroyed as part of a whole-herd depopulation from
the new system of determining indemnity rates to encourage owners to
depopulate affected herds rather than remove individual reactors and
sexually intact exposed female calves for destruction and maintain the
rest of the herd under quarantine. Under this rule, owners of reactors
and sexually intact exposed female calves destroyed as part of a whole-
herd depopulation may choose to receive the appraised value, minus the
salvage value realized, for these animals as they could for any other
animal in their herd. Owners who choose not to depopulate herds
containing reactors or sexually intact exposed female calves, but
instead remove and destroy those animals only, will receive the fixed
rates described previously in this document: For reactors, $250 for any
registered cattle and nonregistered dairy cattle and $50 for any bison,
nonregistered cattle other than dairy cattle, and sexually intact
exposed female calves.
We are also making provision in this rule to increase the amount of
indemnity offered to owners for certain brucellosis-exposed cattle and
bison. When an epidemiological investigation reveals that certain
animals in a herd were obtained from a herd that was, subsequent to the
sale or trade, determined to be affected with brucellosis, a complete
herd test is performed of the herd into which the animals from the
affected herd were introduced. If the complete herd test reveals
negative test results for the entire herd, including the newly
introduced animals, program officials generally want to remove those
newly introduced animals from the herd anyway because they could be
incubating the disease, but program officials might not recommend
depopulation of the entire herd at that point. (Whole-herd depopulation
could become advisable at a later date if subsequent herd tests reveal
brucellosis infection or if so indicated by further epidemiological
investigation.) Therefore, we want to be able to offer a financial
incentive to the owner to destroy the animals introduced from the
affected herd as soon as possible.
We are also adding to Sec. 51.1 definitions for ``appraisal'' and
``complete herd test.'' These terms are used in Sec. 51.3(a) as revised
by this rule, and defining these terms is important for clarity and
accuracy in interpreting the regulations.
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 prevent the spread of brucellosis. The brucellosis
eradication program is in its final critical stage with program
officials striving for completion by December 1998. Depopulation of all
remaining affected herds is the most effective means of achieving
eradication. Owners of affected animals must be offered sufficient
financial incentive to destroy their affected animals. Under the
indemnity rates in effect prior to this interim rule, some owners have
been reluctant to depopulate their herds. Maintaining these herds under
quarantine is expensive for the Federal Government, which must bear the
cost of testing them periodically, and, more importantly, allows the
infection to remain in the cattle and bison herds, and potentially to
spread to other herds.
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 signature. 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. 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 emergency situation makes compliance with section 603 and
timely compliance with section 604 of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) impracticable. If we determine that this rule would
have a significant economic impact on a substantial number of small
entities, then we will discuss the issues raised by section 604
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of the Regulatory Flexibility Act in our Final Regulatory Flexibility
Analysis.
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 51
Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and
recordkeeping requirements.
Accordingly, 9 CFR part 51 is 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,
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).
2. Section 51.1 is amended by adding definitions, in alphabetical
order, for Appraisal and Complete herd test to read as follows:
Sec. 51.1 Definitions.
* * * * *
Appraisal. An estimate of the fair market value of an animal to be
destroyed because of brucellosis. The estimate shall be based upon the
meat, dairy, or breeding value of the animal.
* * * * *
Complete herd test. An official test for brucellosis (as defined in
9 CFR 78.1) performed under APHIS supervision in a cattle or bison herd
on all cattle or bison that are (1) 6 months of age or more and not
official vaccinates, except steers and spayed heifers; or (2) Official
calfhood vaccinates of any age that are parturient or postparturient;
or (3) Official calfhood vaccinates of beef breeds or bison with the
first pair of permanent incisors fully erupted (2 years of age or
more); or (4) Official calfhood vaccinates of dairy breeds with partial
eruption of the first pair of permanent incisors (20 months of age or
more).
* * * * *
3. In Sec. 51.3, paragraph (a) is revised to read as follows:
Sec. 51.3 Payment to owners for animals destroyed.
(a) Cattle and bison. The Administrator may authorize the payment
of Federal indemnity by the U.S. Department of Agriculture to any owner
whose cattle or bison are destroyed after having been approved for
destruction by APHIS under the brucellosis eradication
program.3 In all cases, the amount of Federal indemnity will
be determined in accordance with the regulations in this part that were
in effect on the date that reactors were found or the date that whole-
herd depopulation or destruction of individual animals was approved.
Prior to payment of indemnity, proof of destruction 4 must
be furnished to the Veterinarian in Charge.
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\3\ ``The Administrator shall authorize payment of Federal
indemnity by the U.S. Department of Agriculture at the maximum per-
head rates in Sec. 51.3: (a) As long as sufficient funds
appropriated by Congress appear to be available for this purpose for
the remainder of the fiscal year; (b) in States or areas not under
Federal quarantine; (c) in States requesting payment of Federal
indemnity; and (d) in States not requesting a lower rate.
\4\ The Veterinarian in Charge shall accept any of the following
documents as proof of destruction: (a) A postmortem report; (b) a
meat inspection certification of slaughter; (c) a written statement
by a State representative, APHIS representative, or accredited
veterinarian attesting to the destruction of the animal; (d) a
written, sworn statement by the owner or caretaker of the animal
attesting to the destruction of the animal; (e) a permit (VS Form 1-
27) consigning the animal from a farm or livestock market directly
to a recognized slaughtering establishment; or (f) in unique
situations where the documents listed above are not available, other
similarly reliable forms of proof of destruction.
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(1) Eligibility for indemnity. Owners of the following types of
animals destroyed because of brucellosis are eligible to receive
Federal indemnity for their animals:
(i) Cattle and bison identified as reactors as a result of a
complete herd test and any sexually intact exposed female calves;
(ii) Cattle and bison in a herd that has been approved for
depopulation; and
(iii) Brucellosis-exposed cattle and brucellosis-exposed bison that
were previously sold or traded from any herd that was, subsequent to
the sale or trade, found to be affected with brucellosis.
Epidemiological information such as test results, herd history, and
related evidence will be used to establish a probable date when the
herd was first affected with brucellosis. Animals sold after that date
will be considered to be exposed; those sold before that date will not.
(2) Maximum per-head indemnity amounts. Owners of the types of
animals described in Sec. 51.3(a)(1) are eligible to receive Federal
indemnity for their animals in the following amounts:
(i) Brucellosis reactors and sexually intact exposed female calves.
Except for brucellosis reactors and sexually intact exposed female
calves destroyed as part of a whole-herd depopulation, the indemnity
for cattle and bison that are brucellosis reactors shall not exceed
$250 for any registered cattle and nonregistered dairy cattle or $50
for any bison or nonregistered cattle other than dairy cattle, and the
indemnity for sexually intact exposed female calves shall not exceed
$50.
(ii) Herd depopulations and individual exposed animals. Owners of
herds that have been approved for depopulation and owners of
brucellosis-exposed cattle and brucellosis-exposed bison that meet the
conditions of Sec. 51.3 (a)(1)(iii) may choose either of the two
methods described in paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(B) of this
section, involving fair market value of the animal to be destroyed or a
fixed rate, for determining the maximum amounts of indemnity they may
receive.\3\ The method chosen must be used for all animals to be
destroyed. Owners have the option of having an appraisal done prior to
choosing the method used. Appraisals will be conducted by anindependent
appraiser selected by the Administrator. The cost of the appraisals
will be borne by APHIS.
(A) Appraisal method. Each eligible animal will be appraised to
determine its fair market value. The indemnity shall be the appraised
value, minus the salvage value.
(B) Fixed-rate method. The indemnity shall not exceed $250 per
animal.
* * * * *
Done in Washington, DC, this 24th day of March 1998.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-8305 Filed 3-30-98; 8:45 am]
BILLING CODE 3410-34-P
