[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Rules and Regulations]
[Page 70309-70310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-1]
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Rules and Regulations
Federal Register
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[[Page 70309]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 01-095-2]
Brucellosis: Testing of Rodeo Bulls
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the brucellosis regulations by eliminating the
annual brucellosis testing requirement for rodeo bulls moving
interstate between brucellosis Class Free States. This action is based
on our determination that the testing requirement for rodeo bulls
moving between such States is more restrictive than the requirements
for other test-eligible cattle, given that other cattle moving between
Class Free States are not required to be tested for brucellosis. This
action updates our brucellosis regulations by making the requirements
for moving rodeo bulls more consistent with those for moving other
test-eligible cattle between Class Free States.
EFFECTIVE DATE: November 22, 2002.
FOR FURTHER INFORMATION CONTACT: Dr. Debra Cox, Staff Veterinarian,
National Animal Health Programs, VS, APHIS, 4700 River Road Unit 43,
Riverdale, MD 20737-1231; (301) 734-6954.
SUPPLEMENTARY INFORMATION:
Background
The brucellosis regulations contained in 9 CFR part 78, subpart B
(referred to below as the regulations) restrict the interstate movement
of cattle in order to prevent the spread of brucellosis. Brucellosis is
a contagious disease affecting animals and humans, caused by bacteria
of the genus Brucella.
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 State's brucellosis 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 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 or reclassification as Class Free.
The regulations in Sec. 78.14 have required rodeo bulls moving
interstate to be tested for brucellosis once every 365 days. Since
other test-eligible cattle being moved from a Class Free State are not
required to be tested for brucellosis, this requirement for rodeo bulls
moving between such States is more restrictive than the requirements
for other test-eligible cattle.
On April 25, 2002, we published in the Federal Register (67 FR
20460-20461, Docket No. 01-095-1) a proposal to amend the brucellosis
regulations by eliminating the annual brucellosis testing requirement
for rodeo bulls moving interstate between brucellosis Class Free
States. The proposal was intended to update our brucellosis regulations
by making the requirements for moving rodeo bulls more consistent with
those for moving other test-eligible cattle between Class Free States.
We solicited comments concerning our proposal for 60 days ending
June 24, 2002. We received seven comments by that date. They were from
industry and State government representatives, a representative of a
rodeo cowboys' association, and members of the general public. Six of
the seven commenters wrote in favor of the proposed rule.
The remaining commenter stated that he favored continuing the
practice of having rodeo bulls tested for brucellosis when traveling
interstate, but did not provide any information other than that
statement.
We would point out that we are not eliminating the brucellosis
testing requirement entirely. It will remain in effect for rodeo bulls
moved between States that are not brucellosis Class Free. Secondly, as
noted in our proposal, with 48 of the 50 States now classified as
brucellosis Class Free, the risk of brucellosis transmission via
interstate movement of rodeo bulls has been greatly reduced. Having
more restrictive requirements for rodeo bulls than for other test-
eligible cattle no longer appears necessary. Therefore, we are not
making any changes in response to this comment
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
In this rule, we are also updating the authority citation for 9 CFR
part 78 to reflect the enactment of the Animal Health Protection Act (7
U.S.C. 8301 et seq.).
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
This rule eliminates the annual brucellosis testing requirement for
rodeo bulls moving interstate between brucellosis Class Free States and
relieves stock contractors who raise and supply bulls for rodeo events
of the financial burden associated with the testing. Therefore, the
Administrator of the Animal and Plant Health Inspection Service has
determined that this rule should be effective upon publication in the
Federal Register.
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 rule amends the brucellosis regulations in Sec. 78.14 by
eliminating the annual brucellosis testing requirement for rodeo bulls
moving interstate in cases where the bulls are being moved only between
brucellosis Class Free States.
This rule primarily affects stock contractors who raise and supply
bulls for rodeo events. More specifically, this rule affects stock
contractors who are located in States other than Texas and Missouri--
the only two States not currently classified as Class Free States--and
who do not move their bulls interstate to Texas and Missouri. The
number of stock contractors who fall into this category, as well as the
total number of stock contractors nationally, is unknown.
[[Page 70310]]
Those stock contractors who move their bulls interstate only
between Class Free States will realize a cost savings of about $25 to
$30 per animal per year (i.e., the cost of a brucellosis test and
associated veterinary fees). Thus, a stock contractor with 20 bulls
will see a savings of about $500 to $600 per year in testing expenses.
While stock contractors are not specifically categorized in the
Small Business Administration's (SBA) table of small business size
standards, they could be considered under either Subsector 112 of that
table (Animal Production), which has a small entity threshold of
$750,000, or Subsector 711 (Performing Arts, Spectator Sports and
Related Industries), which has a small entity threshold of $6 million
in annual sales. According to the National Agricultural Statistics
Service, over 99 percent of all operations raising cattle and calves
($750,000 threshold) are small entities, while large operations account
for less than 1 percent. Therefore, it is likely that most, if not all,
stock contractors would be considered small entities under SBA size
standards.
Given that the savings per animal in foregone testing costs ($25 to
$30) can be expected to make up only a small percentage of the total
expenses associated with maintaining a rodeo bull (e.g., feed and
routine veterinary care), the economic impact of this rule is expected
to be small.
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 final 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 final 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 is revised to read as
follows:
Authority: 7 U.S.C. 8303-8306, 8308, 8310, 8313, and 8315; 7 CFR
2.22, 2.80, and 371.4.
2. Section 78.14 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 78.14 Rodeo bulls.
(a) * * *
(1) The bull is classified as brucellosis negative based upon an
official test conducted less than 365 days before the date of
interstate movement: Provided, however, That the official test is not
required for a bull that is moved only between Class Free States;
* * * * *
Done in Washington, DC, this 19th day of November 2002 .
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-29753 Filed 11-21-02; 8:45 am]
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