[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6180]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Parts 51 and 78

[Docket No. 94-007-1]

 

Swine Brucellosis

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 indemnity regulations to 
provide for payment at fair market value for whole herds of swine 
depopulated because of brucellosis. This action is necessary to 
eliminate in an expeditious manner all swine herds known to be affected 
with brucellosis. This action will also help ensure that swine 
brucellosis is eradicated in the United States within the next 5 years, 
thus saving the Federal government millions of dollars in program 
costs. This action will also help eliminate the human health risk 
associated with swine brucellosis. We are also amending the regulations 
concerning interstate movement of swine to require that all 
brucellosis-exposed swine from herds known to be affected with the 
disease be identified with an eartag before being moved interstate from 
the herd. This action will allow all handlers of swine to take 
precautions in handling swine potentially infected with brucellosis.

DATES: Interim rule effective March 17, 1994. Consideration will be 
given only to comments received on or before May 16, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 94-007-1. 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. Joseph F. Annelli, National Swine 
Epidemiologist, Swine Health Staff, Veterinary Services, APHIS, USDA, 
suite 204, Presidential Building, 6565 Belcrest Road, Hyattsville, MD 
20782, (301) 436-7767.

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis is a serious infectious disease of swine, cattle, 
bison, and other species, including humans, caused by bacteria of the 
genus Brucella. Brucellosis in swine is characterized by abortion, 
infertility, orchitis, posterior paralysis, and lameness. To help 
prevent the spread of the disease, and to further its eradication, the 
regulations in 9 CFR part 51 provide for payment of Federal indemnity 
to owners of certain animals destroyed because of brucellosis. The 
payment of indemnity is intended to provide owners with a financial 
incentive for promptly destroying animals infected with or exposed to 
brucellosis. Because the continued presence of brucellosis in a herd 
seriously threatens the health of animals in that herd and possibly 
other herds, the prompt destruction of brucellosis-affected swine is 
critical if brucellosis eradication efforts in the United States are to 
succeed.
    Under the regulations in Sec. 51.3(b)(2) prior to the effective 
date of this interim rule, indemnity payments for herd depopulation 
were made only for breeding swine destroyed because of brucellosis, and 
were based on a maximum ``per head'' rate of $150 per head for 
registered, inbred, or hybrid swine, and $65 per head for all other 
breeding swine. In this interim rule, we are amending the regulations 
to provide that in the case of whole herd depopulation of swine, 
indemnity payments shall be paid for all swine in the herd, not just 
for breeding swine, and at a fair market value determined by the 
Administrator of the Animal and Plant Health Inspection Service 
(APHIS), based on an appraisal conducted by an independent appraiser 
assigned by the Administrator, except that indemnity payments, plus any 
salvage, must not exceed the appraised value of each animal.
    Because brucellosis is primarily transmitted through sexual 
contact, swine other than breeding swine have not been considered to be 
significantly at risk for transmitting brucellosis to other swine. 
Consequently, indemnity has not been paid for ``feeder'' or 
``finishing'' pigs. Recently, however, the infection of 30 humans with 
brucellosis through the handling of swine other than breeding swine at 
a packing plant in North Carolina has indicated that such swine do pose 
a significant risk of transmitting brucellosis to swine and humans.
    In response to the occurrence of brucellosis among workers at the 
packing plant, the State of North Carolina has ordered that the plant 
may obtain swine only from validated brucellosis-free States, or from 
validated brucellosis-free herds in States other than validated 
brucellosis-free States. Although, at this time, the infection of 
humans and the North Carolina order involve only one packing plant, if 
the problem were to broaden and occur at other packing plants in North 
Carolina, or to occur in additional States, additional individuals 
could suffer significant hardship from brucellosis infections, and 
packing plants and owners of herds other than validated brucellosis-
free herds could experience severe economic disruption.
    The United States Animal Health Association (USAHA), a nationwide 
association of State veterinarians and industry members, recently 
passed a resolution requesting that the Department establish the goal 
of the complete eradication of swine brucellosis in the United States 
by the end of 1996. This resolution was supported by the National Pork 
Producers Council (NPPC) and the American Meat Institute (AMI). 
Additionally, the USAHA passed a second resolution, supported by NPPC 
and AMI, requesting that the Department move to depopulate immediately 
all herds of swine known to be affected with brucellosis by paying fair 
market value for all swine in the affected herds. (Under Sec. 51.1, a 
herd known to be affected is defined as any herd in which any animal 
has been classified as a brucellosis reactor and which has not been 
released from quarantine.)
    We compared the probable outcome of following the USAHA resolutions 
with that of continuing the existing eradication program, and concluded 
that eradication of swine brucellosis can be accomplished more quickly, 
with significantly less expense, by beginning now to pay fair market 
value for whole herd depopulation.
    This change in the indemnity regulations is warranted now due to 
the success of the existing swine brucellosis eradication program. 
During the life of the program, the prevalence of swine brucellosis has 
been reduced from 15 percent of the nation's swine herds to 0.014 
percent. Currently, only 34 herds nationwide are known to be affected 
with brucellosis. Because the number of herds known to be affected is 
small, paying fair market value for whole herd depopulation is 
feasible.
    When undertaking whole herd depopulation, herd owners, where it is 
possible, will be required either to dispose of the swine through means 
other than slaughter (e.g., through burial, incineration, rendering, 
etc.) on the premises where the animals are held or penned at the time 
the indemnity is approved, or to move their swine for disposal to 
another location when movement to the location is approved, in advance, 
by an APHIS representative. Paying fair market value for whole herd 
depopulation, as provided for in this interim rule, will enable herd 
owners to dispose of swine through means other than slaughter (e.g., 
through burial, incineration, rendering, etc.). (The flat rates 
provided for under the existing regulations assume that the herd owner 
will also receive salvage value at slaughter.) Disposing of swine 
through such alternate means will help eliminate the danger of 
spreading brucellosis to swine, as well as help protect packing plant 
workers from the danger posed by brucellosis-infected swine.
    Prior to the effective date of this interim rule, Sec. 51.6 of the 
regulations required that swine for which indemnity was paid under the 
regulations be slaughtered at a slaughtering establishment. In order to 
allow for alternative means of destruction, we are amending 
Sec. 51.6(c) in this interim rule to provide that in the case of 
indemnity paid for whole herd depopulation, swine may be destroyed on 
the premises where the animals are held or penned at the time the 
indemnity is approved, or may be moved for destruction to another 
location when movement to the location is approved in advance by an 
APHIS representative. We are also providing that in cases where the 
swine are destroyed other than at a slaughtering establishment, the 
carcasses of the swine shall be disposed of by burial, incineration, or 
other disposal means authorized by applicable State law, and are 
requiring that destruction and disposition of animals destroyed other 
than at a slaughtering establishment be performed in the presence of an 
APHIS representative.
    As noted above, in paying fair market value for whole herd 
indemnity, every effort will be made to dispose of swine by means other 
than slaughter. In some cases, however, when a packing plant is willing 
to handle swine from herds known to be affected, when it has been 
notified of the arrival of the swine, and when appropriate precautions 
are taken to protect the plant's workers, slaughter may be a feasible 
means of disposing of the animals. As noted above, in such cases, the 
indemnity paid, plus any salvage, must not exceed the appraised value 
of the swine.
    Although, under the provisions of this interim rule, average 
indemnity costs for the Federal government will increase from $1,760 
per herd to $9,030 per herd, the total cost for indemnity is expected 
to increase only slightly over the life of the program, and total 
program costs are expected to decrease substantially. According to 
APHIS projections, the eradication program as provided for prior to 
this interim rule would have required over 30 more years to accomplish 
total eradication, with projected costs of almost $600,000 for 
indemnity and $18 million for surveillance. In contrast, because the 
provisions of this interim rule will allow for the quick depopulation 
of herds known to be affected with brucellosis, and therefore increase 
program effectiveness, total eradication is expected to be accomplished 
in 5 years, with projected costs of $850,000 for indemnity and $10.5 
million for surveillance. Thus, the total cost of eradication will be 
reduced from $18.6 million to $11.35 million, and the time necessary to 
achieve eradication shortened by more than 25 years.

Identification of Exposed Swine From Herds Affected With Brucellosis

    The regulations in 9 CFR part 78 govern, among other things, the 
interstate movement of swine affected with brucellosis. Under these 
regulations, the interstate movement of brucellosis reactor swine and 
exposed swine is subject to certain restrictions. Among the 
restrictions on the movement of reactor swine is the requirement that 
such swine be individually identified by attaching to the left ear a 
metal tag bearing a serial number and the inscription, ``U.S. 
Reactor,'' or a metal tag bearing a serial number designated by the 
State animal health official for identifying brucellosis reactors.
    Although part 78 does require that exposed swine moved interstate 
be accompanied by a permit, it does not require that exposed swine from 
a herd known to be affected with brucellosis be identified with a metal 
eartag. However, because some swine originating in a herd known to be 
affected are likely to be the offspring of infected sows, and because 
the swine in the herd may be in extended contact with infected swine, 
they are at increased risk of being infected with brucellosis. Because 
of this increased risk, we consider it necessary to provide that such 
swine can be readily identified prior to slaughter. In order to better 
monitor the movement of exposed swine to ensure that they are destroyed 
and are not diverted into herds not affected with brucellosis, we are 
amending Sec. 78.32 to require that exposed swine from a herd known to 
be affected with brucellosis may be moved interstate from the herd only 
if identified in the same manner as reactor swine. This identification 
will facilitate the monitoring of such swine until they are 
slaughtered, thus protecting against the spread of brucellosis by such 
animals. An additional benefit of such identification is that it will 
alert packing plants to the arrival of reactor swine, allowing them to 
take appropriate handling precautions.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
necessary to eliminate a public health risk, avert a potentially 
serious economic impact on swine marketing, reduce government expenses, 
and significantly shorten the time necessary for the eradication of 
swine brucellosis.
    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 it 
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. It 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

    The Department has reviewed this rule under Executive Order 12866. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by the Office 
of Management and Budget.
    This interim rule provides for indemnity payment for whole herd 
depopulation of swine herds known to be affected with brucellosis. 
Prior to the effective date of this interim rule, indemnity for herd 
depopulation was paid only for breeding swine infected with or exposed 
to the disease, and was based on a maximum ``per head'' rate of $150 
per head for registered, inbred, or hybrid swine, and $65 per head for 
all other breeding swine.
    At present 34 swine herds in the United States are known to be 
affected with brucellosis. This number represents 0.014 percent of the 
235,840 swine herds in this country. Of the 34 herds, 18 are in Florida 
and 12 are in Texas. Louisiana, Mississippi, South Carolina, and 
Oklahoma have 1 each. The 34 herds known to be affected are all 
independently owned, and all of the farmers are considered ``small 
entities'' (annual gross receipts of $0.5 million or less, according to 
Small Business Administration size standards).
    APHIS cannot require that farmers depopulate their herds, so it is 
impossible to determine exactly how many owners will accept indemnity 
for whole herd depopulation. Because several herds are in the final 
stages of brucellosis ``cleanup,'' these farmers may not choose to 
depopulate their entire herds.
    At the time of this writing, current market values for the 
different classes of swine are:1 Sows, $160; boars, $150; gilts, 
$160; feeder pigs, $100; and suckling pigs, $20.
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    \1\These values do not include potential salvage values received 
at the time of slaughter.
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    If owners choose to depopulate their entire herds, under the 
regulations they could start new operations with a more productive 
swine herd after a standard minimum of 30 days of ``downtime'' for 
elimination of the Brucella bacteria from the premises through cleaning 
and disinfecting. Noninfected sows tend to produce more piglets than do 
infected sows.
    This interim rule also requires that all exposed swine in a herd 
known to be affected with brucellosis must be identified with a metal 
eartag before being moved interstate from the herd known to be 
affected. We estimate that the cost of applying eartags to exposed 
swine in the average herd known to be affected will be less than $50.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.) the information collection or recordkeeping requirements 
included in this interim rule will be submitted for approval to the 
Office of Management and Budget. Please send written comments to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for APHIS, Washington, DC 20503. Please send a copy of your 
comments to: (1) Chief, Regulatory Analysis and Development, PPD, 
APHIS, USDA, room 804, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782, and (2) Clearance Officer OIRM, USDA, room 404-
W, 14th Street and Independence Avenue SW., Washington, DC 20250.

List of Subjects

9 CFR Part 51

    Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and 
recordkeeping requirements.

9 CFR Part 78

    Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and 
recordkeeping requirements, Transportation.

    Accordingly, 9 CFR parts 51 and 78 are amended as follows:

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

    1. The authority citation for part 51 continues to read as follows:

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 
134b; 7 CFR 2.17, 2.51, and 371.2(d).

    2. In Sec. 51.3, paragraph (b)(2), the first sentence is amended by 
adding the words ``or whose whole herd'' immediately after the word 
``swine'', revising the second sentence, and adding a new sentence 
after the second sentence to read as follows:
* * * * *


Sec. 51.3   Payment to owners for animals destroyed.

* * * * *
    (b) * * *
    (2) * * *
    The indemnity shall not exceed $150 per head for registered, 
inbred, or hybrid breeding swine, and $65 per head for all other 
breeding swine, except that in the case of whole herd depopulation, 
indemnity payments shall be paid on all swine in the herd at fair 
market value, as determined by the Administrator, based on an appraisal 
conducted by an independent appraiser assigned by the Administrator. In 
cases where indemnity is paid for whole herd depopulation, indemnity 
payments, plus any salvage, must not exceed the appraised value of each 
animal. * * *
    3. In Sec. 51.6, paragraph (c) is revised to read as follows:


Sec. 51.6   Destruction of animals; time limit for destruction of 
animals.

* * * * *
    (c) Swine. The claimant shall be responsible for insuring that 
swine subject to this part shall be sold under permit to a slaughtering 
establishment where State or Federal Meat inspection is available, or 
to a market approved by the State Animal Health Official, or to a 
market approved by the Administrator, for sale to such slaughtering 
establishment;5 except that in the case of indemnity for whole 
herd depopulation, as provided for in Sec. 51.3, swine shall be 
destroyed, if possible, on the premises where the animals are held or 
penned at the time the indemnity is approved, or may be moved for 
destruction to another location when movement to the location is 
approved in advance by an APHIS representative. In cases where the 
swine are destroyed other than at a slaughtering establishment, the 
carcasses of the swine shall be disposed of by burial, incineration, or 
other disposal means authorized by applicable State law. The 
destruction and disposition of animals destroyed in accordance with 
this section other than at a slaughtering establishment shall be 
performed in the presence of an APHIS representative.
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    \5\Markets are approved by the Administrator in accordance with 
Sec. 76.18 of this chapter.
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* * * * *

PART 78--BRUCELLOSIS

    4. 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, 134f; 7 CFR 2.17, 2.51, and 371.2(d).

    5. Section 78.32 is revised to read as follows:


Sec. 78.32   Brucellosis exposed swine.

    (a) Brucellosis exposed swine may be moved interstate only if 
accompanied by a permit and only for immediate slaughter as follows:
    (1) Directly to a recognized slaughtering establishment; or
    (2) Directly to a stockyard posted under the Packers and Stockyards 
Act, as amended (7 U.S.C. 181 et seq.), or directly to a market agency 
or dealer registered under the Packers and Stockyards Act, for sale to 
a recognized slaughtering establishment.
    (b) Brucellosis exposed swine from a herd known to be affected with 
brucellosis may be moved interstate from the herd known to be affected 
only if such swine are individually identified by attaching to the left 
ear a metal tag bearing a serial number and the inscription, ``U.S. 
Reactor,'' or a metal tag bearing a serial number designated by the 
State animal health official for identifying brucellosis reactors.

(Approved by the Office of Management and Budget under control 
number 0579-0047)

    Done in Washington, DC, this 11th day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6180 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-34-P