[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Rules and Regulations]
[Pages 44544-44545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22462]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 98-014-2]
Brucellosis in Cattle; State and Area Classifications; Florida
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 Florida
from Class Free to Class A. We have determined that Florida no longer
meets the standards for Class Free status. This action imposes certain
restrictions on the interstate movement of cattle from Florida.
DATES: Interim rule effective August 13, 1998. Consideration will be
given only to comments received on or before October 19, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-014-2, 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. 98-014-2. 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, Jr., Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River
Road Unit 43, Riverdale, MD 20737-1231, (301) 734-7709; or e-mail:
rrollo@aphis.usda.gov.
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, Florida was
classified as a Class Free State because there had been no known
brucellosis in cattle in Florida for at least 12 consecutive months.
However, as of August of 1998, two cattle herds in Florida were
identified as infected with brucellosis.
To attain and maintain Class A status, a State or area must (1) not
exceed a cattle herd infection rate, due to field strain Brucella
abortus, of 0.25 percent or 2.5 herds per 1,000 based on the number of
reactors found within the State during any 12 consecutive months,
except in States with 10,000 or fewer herds; (2) trace to the farm of
origin at least 90 percent of all brucellosis reactors found in the
course of MCI testing; (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 A; and
(4) have a specified surveillance system, as described above, including
an approved individual herd plan in effect within 15 days of locating a
source herd or recipient herd.
After reviewing the brucellosis program records for Florida, we
have concluded that this State meets the standards for Class A status.
Therefore, we are removing Florida from the list of Class Free States
or areas in Sec. 78.41(a) and adding it to the list of Class A States
or areas in 78.41(b). This action imposes certain restrictions on the
interstate movement of cattle from Florida.
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
[[Page 44545]]
prevent the interstate spread of 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 this
action 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. The document 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.
Cattle moved interstate are moved for slaughter, for use as
breeding stock, or for feeding. Changing the brucellosis status of
Florida from Class Free to Class A increases testing requirements
governing the interstate movement of cattle. However, 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 Florida,
as well as buyers and importers of cattle from this State.
There are an estimated 20,000 cattle herds in Florida that will be
affected by this rule. All of these are owned by small entities. Test-
eligible cattle offered for sale interstate from other than certified
brucellosis-free herds must be tested for brucellosis under Class A
status regulations, but not under regulations concerning Class Free
status. If such testing were distributed equally among all animals
affected by this rule, the change to Class A status would cost
approximately $4 per head.
Therefore, we believe that changing the brucellosis status of
Florida 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 rule contains no 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, we are amending 9 CFR part 78 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 removing
``Florida,''.
3. In Sec. 78.41, paragraph (b) is amended by adding ``Florida,''
immediately before ``Kansas,''.
Done in Washington, DC, this 13th day of August, 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-22462 Filed 8-19-98; 8:45 am]
BILLING CODE 3410-34-P
