[Federal Register: July 7, 2004 (Volume 69, Number 129)]
[Rules and Regulations]
[Page 40763]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy04-1]
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Rules and Regulations
Federal Register
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[[Page 40763]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 04-009-2]
Brucellosis in Cattle; State and Area Classifications; Wyoming
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the brucellosis regulations concerning the interstate
movement of cattle by changing the classification of Wyoming from Class
Free to Class A. We determined that Wyoming no longer met the standards
for Class Free status. The action was necessary to prevent the
interstate spread of brucellosis.
EFFECTIVE DATE: The interim rule became effective on February 13, 2004.
FOR FURTHER INFORMATION CONTACT: Dr. Debra Donch, National Brucellosis
Epidemiologist, National Center for Animal Health Programs, VS, APHIS,
4700 River Road Unit 43, Riverdale, MD 20737-1231; (301) 734-6954.
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.
In an interim rule effective February 13, 2004, and published in
the Federal Register on February 20, 2004 (69 FR 7863-7864, Docket No.
04-009-1), we amended the regulations in Sec. 78.41 by changing the
classification of Wyoming from Class Free to Class A. The action was
necessary to prevent the interstate spread of brucellosis.
Comments on the interim rule were required to be received on or
before April 20, 2004. We received three comments by that date. The
comments were from private citizens and a cattle producer. The comments
are discussed below.
Two commenters stated that our current system for controlling the
spread of brucellosis is ineffective because it does not address the
greater threat posed by Wyoming's infected wildlife. One commenter
added that the brucellosis infected wildlife is in the Greater
Yellowstone Area (GYA) and stated that a brucellosis control program in
Wyoming should be based on the livestock's proximity to the GYA. The
commenter proposed certain changes to our program, including stricter
surveillance for cattle within a certain vicinity of GYA wildlife
during elk and bison calving season, brucellosis testing based on
proximity to the GYA, and focusing on early intervention for these
cattle herds.
We acknowledge that infected wild elk and bison populations in the
GYA may be a source of brucellosis transmission to Wyoming's cattle.
Transmission of brucellosis from wild elk to cattle occurred in Wyoming
in 2003 and Idaho in 2002. The Brucellosis Coordination Team appointed
by the Governor of Wyoming and organizations like the Greater
Yellowstone Interagency Brucellosis Committee are working to find ways
to address the brucellosis situation in the GYA. APHIS' brucellosis
program is designed so that it can be applied to all States, while
leaving States some latitude to assess their own risks and implement
additional regulations appropriate to individual needs. Furthermore,
implementing a new program, as the commenter suggests, would require a
separate action and cannot be done in this final rule.
The third commenter stated that all interstate movement of cattle
should be prohibited. We do not believe that such an extreme step is
warranted or necessary to prevent the spread of brucellosis in the
United States.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule without
change.
This action also affirms the information contained in the interim
rule concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Order 12988, and the Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived its review under Executive Order 12866.
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.)
List of Subjects in 9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
PART 78--BRUCELLOSIS
0
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 9 CFR part 78 and that was published at 69 FR
7863-7864 on February 20, 2004.
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Done in Washington, DC, this 30th day of June 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-15333 Filed 7-6-04; 8:45 am]
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