[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7908]


[[Page Unknown]]

[Federal Register: April 4, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 94-009-1]

 

Brucellosis in Cattle; State and Area Classifications; California

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 the 
interstate movement of cattle by changing the classification of 
California from Class A to Class Free. We have determined that 
California meets the standards for Class Free status. This action 
relieves certain restrictions on the interstate movement of cattle from 
California.

DATES: Interim rule effective April 4, 1994. Consideration will be 
given only to comments received on or before June 3, 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. 94-009-1. 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. Michael J. Gilsdorf, Senior Staff 
Veterinarian, Cattle Diseases and Surveillance Staff, Veterinary 
Services, APHIS, USDA, room 729, Federal Building, 6505 Belcrest Road, 
Hyattsville, MD 20782, (301) 436-4918.

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis is a contagious disease affecting animals and man, 
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.
    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 with the highest rate of brucellosis. 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 maintaining (1) a cattle herd infection rate not to exceed a 
stated level during 12 consecutive months; (2) a rate of infection in 
the cattle population (based on the percentage of brucellosis reactors 
found in the Market Cattle Identification (MCI) program--a program of 
testing at stockyards, farms, ranches, and slaughter establishments) 
not to exceed a stated level; (3) 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) minimum procedural 
standards for administering the program.
    Before the effective date of this interim rule, California was 
classified as a Class A State because of its herd infection rate and 
its MCI reactor prevalence rate.
    To attain and maintain Class Free status, a State or area must (1) 
remain free from field strain Brucella abortus infection for 12 
consecutive months or longer; (2) maintain for 12 consecutive months an 
MCI reactor prevalence rate not to exceed one reactor per 2,000 cattle 
tested (0.050 percent); and (3) have a specified surveillance system, 
as described above, including an approved individual herd plan in 
effect within 15 days of locating the source herd or recipient herd.
    After reviewing the brucellosis program records for California, we 
have concluded that the State meets the standards for Class Free 
status. Therefore, we are removing California from the list of Class A 
States in Sec. 78.41(b) and adding it to the list of Class Free States 
in Sec. 78.41(a). This action relieves certain restrictions on moving 
cattle interstate from California.

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 
warranted to remove unnecessary restrictions on the interstate movement 
of cattle from California.
    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

    This interim rule has been reviewed under Executive Order 12866.
    For this action, the Office of Management and Budget has waived its 
review process required by Executive Order 12866.
    Cattle moved interstate are moved for slaughter, for use as 
breeding stock, or for feeding. Changing the brucellosis status of 
California from Class A to Class Free will promote economic growth by 
reducing certain testing and other requirements governing the 
interstate movement of cattle from the State. Testing requirements for 
cattle moved interstate for immediate slaughter or to quarantined 
feedlots are not affected by this change. Cattle from certified 
brucellosis-free herds moving interstate are not affected by this 
change.
    The groups affected by this action will be herd owners in 
California, as well as buyers and importers of cattle from the State.
    There are an estimated 28,000 cattle herds in California that would 
be affected by this rule. Ninety-eight percent of these are owned by 
small entities. Most of these herds are not certified-free. Test-
eligible cattle offered for sale from other than certified-free herds 
must have a negative test under present Class A status regulations, but 
not under regulations concerning Class Free status. This testing costs 
approximately $3.25 per head. If such testing were distributed equally 
among all herds affected by this rule, Class Free status would save 
approximately $16 per herd.
    Therefore, we believe that changing the brucellosis status for 
California would not have a significant economic impact on the small 
entities affected by this interim rule.
    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

    This document contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (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, 9 CFR part 78 is amended as follows:

PART 78--BRUCELLOSIS

    1. 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).


Sec. 78.41  [Amended]

    2. Section 78.41, paragraph (a), is amended by adding 
``California,'' immediately after ``Arizona,''.
    3. Section 78.41, paragraph (b), is amended by removing 
``California,''.

    Done in Washington, DC, this 15th day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-7908 Filed 4-1-94; 8:45 am]
BILLING CODE 3410-34-P