[Federal Register: November 18, 2004 (Volume 69, Number 222)]
[Rules and Regulations]
[Page 67501-67503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no04-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 67501]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 04-103-1]
Brucellosis in Swine; Add Arkansas, Louisiana, and Michigan to
List of Validated Brucellosis-Free States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the brucellosis regulations concerning the
interstate movement of swine by adding Arkansas, Louisiana, and
Michigan to the list of validated brucellosis-free States. We have
determined that Louisiana and Arkansas meet the criteria for
classification as validated brucellosis-free States. We are also adding
Michigan to the list of validated brucellosis-free States as it is
currently considered a validated brucellosis-free State, but was
inadvertently omitted from the list. This action relieves certain
restrictions on the interstate movement of breeding swine from Arkansas
and Louisiana and confirms Michigan's current status as a validated
brucellosis-free State.
DATES: This interim rule is effective on November 18, 2004. We will
consider all comments that we receive on or before January 18, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-103-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 04-103-1.
E-mail: Address your comment to
regulations@aphis.usda.gov. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 04-103-1'' on the subject
line.
Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html
for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. John Korslund, Staff Veterinarian
(Swine Health), Eradication and Surveillance Team, National Center for
Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale,
MD 20737-1231; (301) 734-5914.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a contagious disease caused by bacteria of the genus
Brucella. The disease mainly affects cattle, bison, and swine, but
goats, sheep, horses, and even humans are susceptible. In its principal
animal hosts, it causes loss of young through spontaneous abortion or
birth of weak offspring, reduced milk production, and infertility.
There is no economically feasible treatment for brucellosis in
livestock. In humans, brucellosis initially causes flu-like symptoms,
but the disease may develop into a variety of chronic conditions,
including arthritis. Humans can be treated for brucellosis with
antibiotics.
The brucellosis regulations in 9 CFR part 78 (referred to below as
the regulations) contain specific provisions for cattle, bison, and
swine. Under the regulations, States, herds, and individual animals are
classified according to their brucellosis status. Interstate movement
requirements for animals are based upon the disease status of the
individual animals or the herd or State from which the animal
originates.
We are amending Sec. 78.43 of the regulations, which lists
validated swine brucellosis-free States, to include Arkansas,
Louisiana, and Michigan. 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 their brucellosis program records, we have
concluded that Arkansas and Louisiana meet the criteria for
classification as validated brucellosis-free States. Therefore, we are
adding Arkansas and Louisiana to the list of validated brucellosis-free
States in Sec. 78.43. This action relieves certain restrictions on the
interstate movement of breeding swine from Louisiana and Arkansas.
We are also adding Michigan to the list of validated brucellosis-
free States. In practice, Michigan is already being
[[Page 67502]]
treated as a validated brucellosis-free State, as that State was
previously determined to meet the criteria for classification as a
validated brucellosis-free State. However, following that
determination, we inadvertently neglected to add Michigan to the list
in Sec. 78.43. We are therefore correcting this omission by adding
Michigan to the list of validated brucellosis-free States.
Immediate Action
Immediate action is warranted to remove restrictions that are no
longer necessary on the interstate movement of swine from Louisiana and
Arkansas, as well as to confirm Michigan's current status as a
validated brucellosis-free State. Under these circumstances, the
Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this action effective less
than 30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). 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.
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 under
Executive Order 12866.
We are amending the brucellosis regulations concerning the
interstate movement of swine by adding Arkansas, Louisiana, and
Michigan to the list of validated brucellosis-free States. As of
January 1, 2004, 45 States, plus Puerto Rico and the U.S. Virgin
Islands, were classified as validated brucellosis-free States. The
States of Arkansas and Louisiana have been classified as Stage II
States, but now meet the requirements for being listed as Stage III
(validated brucellosis-free) States. Michigan is already considered a
validated brucellosis-free State, but was inadvertently omitted from
the list of validated brucellosis-free States in the regulations.
In 2003, there were approximately 1,000 hog and pig operations in
Arkansas, with a total of 310,000 swine. The average value per head of
swine in Arkansas was $64 with a reported cash value of approximately
$19.8 million. In the same year, there were approximately 580 hog and
pig operations in Louisiana, with a total of 20,000 swine. The average
value per head of swine in Louisiana was $71 with a reported cash value
of approximately $1.42 million. Arkansas and Louisiana, combined,
account for less than 1 percent of the total value of hogs and pigs
produced in the United States. The small business size standards for
hogs and pigs, as identified by the Small Business Administration using
North American Industry Classification System codes, is $750,000 or
less in annual receipts. It is estimated that 74 percent of the hog and
pig operations in Arkansas and nearly 100 percent of the hog and pig
operations in Louisiana are small businesses.
This interim rule will grant swine producers in Arkansas and
Louisiana validated brucellosis-free status. The rule will benefit
breeding stock owners who will no longer have to incur the cost of
brucellosis testing on sows and other breeding stock. The estimated
cost of brucellosis testing ranges from $7.50 to $15 per animal, which
includes veterinary and handling fees. Breeding stock was estimated at
79,079 swine and 4,062 swine for Arkansas and Louisiana, respectively.
It is estimated that the proportion of hogs and pigs used or to be used
for breeding by small entities is approximately 57.8 percent and 100
percent of the total breeding stock in Arkansas and Louisiana,
respectively. The estimated number of hogs and pigs used or to be used
for breeding purposes by small entities in Arkansas is 45,708 swine;
the total cost savings for small entities in Arkansas would range from
$342,810 to $685,620 if all those swine were to be moved interstate.
The estimated number of hogs and pigs used or to be used for breeding
purposes by small entities in Louisiana is 4,062 swine; the total cost
savings for small entities in Louisiana would range from $30,465 to
$60,930 if all those swine were to be moved interstate.
As of October 2004, the national average value of a sow was $207
per head. Thus, cost savings associated with suspending brucellosis
testing for breeding swine to be moved interstate from Arkansas and
Louisiana is roughly between 3.6 and 7.2 percent of the value of the
animal.
Arkansas and Louisiana have been classified as Stage II States
requiring annual testing of the breeding stock in its swine operations.
However, Arkansas and Louisiana have met the requirements to be listed
as validated brucellosis-free States. Michigan, currently considered a
validated brucellosis-free State, is currently not listed in the
regulations due to an oversight. This interim rule reclassifies
Arkansas, Louisiana, and Michigan as validated brucellosis-free States.
The change in the status of Arkansas and Louisiana would lead to cost
savings to the breeding segment of swine production ranging from 3.6 to
7.2 percent of the value of the breeding herd if all breeding swine
were to be moved interstate. APHIS does not expect cost savings of this
magnitude to have a significant economic impact on affected small
entity producers. The interim rule will have no effect on Michigan, as
it has already been operating as a validated brucellosis-free State.
This rule will not result in any additional costs for affected small
entities.
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 interim 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.
0
Accordingly, we are amending 9 CFR part 78 as follows:
PART 78--BRUCELLOSIS
0
1. The authority citation for part 78 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Sec. 78.43 [Amended]
0
2. Section 78.43 is amended by adding, in alphabetical order, the
words,
[[Page 67503]]
``Arkansas,'' ``Louisiana,'' and ``Michigan,''.
Done in Washington, DC, this 12th day of November 2004.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-25600 Filed 11-17-04; 8:45 am]
BILLING CODE 3410-34-P