[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Rules and Regulations]
[Page 2991-2993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja06-1]
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Rules and Regulations
Federal Register
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[[Page 2991]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. APHIS-2006-0001]
Brucellosis in Cattle; State and Area Classifications; ID
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
interstate movement of cattle by changing the classification of Idaho
from Class Free to Class A. We have determined that Idaho no longer
meets the standards for Class Free status. This action is necessary to
prevent the interstate spread of brucellosis.
DATES: This interim rule was effective January 12, 2006. We will
consider all comments that we receive on or before March 20, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2006-0001 to submit or view public comments and to view
supporting and related materials available electronically. After the
close of the comment period, the docket can be viewed using the
``Advanced Search'' function in Regulations.gov.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0001, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0001.
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: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
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 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, 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 that exceed, during any consecutive 12-month period, a herd
infection rate of 1.5 percent or 15 herds per 1,000. 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 percentage 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.
If a single herd in a Class Free State is found to be affected with
brucellosis, the State may retain its Class Free status if it meets the
conditions described in paragraph (b)(4) of the definition of Class
Free State or area in Sec. 78.1. A State may retain its status in this
manner only once during any 2-year period. The following conditions
must be satisfied within 60 days of the identification of the infected
animal:
1. The affected herd must be immediately quarantined, tested for
brucellosis, and depopulated; and
2. An epidemiological investigation must be performed and the
investigation must confirm that brucellosis has not spread from the
affected herd. All herds on premises adjacent to the affected herd
(adjacent herds), all herds from which animals may have been brought
into the affected herd (source herds), and all herds that may have had
contact with or accepted animals from the affected herd (contact herds)
must be epidemiologically investigated, and each of those herds must be
placed
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under an approved individual herd plan. If the investigating
epidemiologist determines that a herd blood test for a particular
adjacent herd, source herd, or contact herd is not warranted, the
epidemiologist must include that determination, and the reasons
supporting it, in the individual herd plan.
After the close of the 60-day period following the identification
of the infected animal, APHIS will conduct a review to confirm that the
requirements have been satisfied and that the State is in compliance
with all other applicable provisions.
Prior to the effective date of this interim rule, Idaho was
classified as a Class Free State. On November 14, 2005, we confirmed
the discovery of a brucellosis-affected herd in Idaho. In accordance
with Sec. 78.1, the State took immediate measures to maintain its
Class Free status. However, on November 29, 2005, another brucellosis-
affected herd was confirmed. With the discovery of the second affected
herd, Idaho no longer meets the standards for Class Free status.
Therefore, we are removing Idaho 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 Sec. 78.41(b).
Under the definition of Class A State or Area in Sec. 78.1, the
regulations require that 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 Idaho, we have concluded that this
State meets the standards for Class A status.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
interstate spread of brucellosis. 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 rule 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.
This rule amends the brucellosis regulations concerning interstate
movement of cattle by changing the classification of Idaho from Class
Free to Class A. We have determined that Idaho no longer meets the
standards for Class Free status. This action is necessary to prevent
the spread of brucellosis in the United States.
On January 1, 2005, there were 10,600 cattle and calves operations
in Idaho with a total inventory of approximately 2.07 million head of
cattle. Industry statistics indicate the average value per head of
cattle in Idaho is $1,080, with a reported cash value totaling over
$2.24 billion. The small business size standards for cattle operations,
as identified by the Small Business Administration based upon the North
American Industry Classification System (NAICS) code 112111, is
$750,000 or less in annual receipts. It is estimated that 96 percent of
the cattle and calves operations in Idaho are small businesses.
A reclassification from Class Free to Class A status with respect
to brucellosis will result in movement restrictions for cattle where
previously none existed. Specifically, all bovine animals to be moved
interstate, except those moving directly to slaughter or to quarantined
feedlots, must test negative to a brucellosis test prior to interstate
movement. The estimated cost for brucellosis testing, which would
include veterinary fees and handling expenses, is between $7.50 and $15
per test. The expenses incurred as a result of this reclassification in
status are not expected to be significant for cattle and calf owners in
Idaho. Considering the average value per animal in Idaho was $1,080 in
2005, the additional costs to producers associated with brucellosis
testing are roughly between 0.6 and 1.3 percent of the value of the
animal intended for interstate movement. It is estimated that 17
percent of the cattle in Idaho destined for feeding and breeding
purposes are transported out of State. Therefore, the estimated
increase in industry costs associated with a reclassification of Idaho
to a Class A status may range between $2.6 and $5.3 million.
The more a particular herd owner is involved in interstate
movement, the greater the economic expense he or she will incur as a
result of this rule. However, it is clear that this change in status
will not represent an economically significant loss for cattle and
calves herd owners in Idaho. While this change in status will result in
additional requirements for interstate movement of cattle for Idaho
producers, the benefits of the restriction in preventing the spread of
brucellosis to other parts of the United States exceeds the additional
costs of brucellosis testing.
The Cooperative State/Federal Brucellosis Eradication Program has
produced undeniable benefits since its implementation. Annual losses
from lowered milk production, aborted calves and pigs, and reduced
breeding efficiency were more than $400 million in 1952 before the
program began. Today, such annual losses are estimated at less than $1
million. Studies indicate the costs of producing beef and milk would
increase by an estimated $80 million annually in less than 10 years if
the program were discontinued.
The change in the status of Idaho to Class A will lead to
additional costs associated with brucellosis testing that will range
from 0.6 to 1.3 percent of the value of the animals moved interstate.
APHIS does not expect additional costs of this magnitude to have a
significant impact on affected small-entity producers.
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
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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.
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Accordingly, we are amending 9 CFR part 78 as follows:
PART 78--BRUCELLOSIS
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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. 78.41 [Amended]
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2. Section 78.41 is amended as follows:
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a. In paragraph (a), by removing the word ``Idaho,''.
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b. In paragraph (b), by removing the word ``Texas'' and adding the
words ``Idaho, Texas,'' in its place.
Done in Washington, DC, this 12th day of January 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-472 Filed 1-18-06; 8:45 am]
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