[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Rules and Regulations]
[Pages 44776-44777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22522]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 98-086-1]
Validated Brucellosis-Free States; Alabama
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 Alabama to the list of validated
brucellosis-free States. We have determined that Alabama meets the
criteria for classification as a validated brucellosis-free State. This
action relieves certain restrictions on the interstate movement of
breeding swine from Alabama.
DATES: Interim rule effective August 21, 1998. Consideration will be
given only to comments received on or before October 20, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-086-1, 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. 98-086-1. 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, 4700 River
Road Unit 43, Riverdale, MD 20737-1231, (301) 734-4916.
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),
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 Alabama. 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 Alabama meets the criteria for classification as a validated
brucellosis-free State. Therefore, we are adding Alabama to the list of
States in Sec. 78.43. This action relieves certain restrictions on the
interstate movement of breeding swine from Alabama.
Immediate Action
The Administrator of the Animal and Plant Health Inspection Service
has
[[Page 44777]]
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 Alabama.
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 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. 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.
This action removes the requirement that breeding swine be tested
for brucellosis prior to movement interstate from Alabama.
Approximately 99 percent of swine herd producers in Alabama are
small businesses (defined by the Small Business Administration as
having annual gross receipts of less than $500,000). Currently, these
small producers have about 20,000 adult swine tested annually for
brucellosis, at a cost to producers of approximately $5 per test. 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 small.
We anticipate, therefore, that this action will have a minimal
positive economic impact, if any, on swine producers in Alabama.
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. 78.43 [Amended]
2. Section 78.43 is amended by adding ``Alabama,'' immediately
before ``Alaska,''.
Done in Washington, DC, this 17th day of August 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-22522 Filed 8-20-98; 8:45 am]
BILLING CODE 3410-34-P
