[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10027]


[[Page Unknown]]

[Federal Register: April 26, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 51

[Docket No. 93-023-2]

 

Animals Destroyed Because of Brucellosis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the brucellosis indemnity regulations to 
provide for the payment of indemnity to owners who have brucellosis 
exposed cattle or bison destroyed that were previously sold or traded 
from any herd that has, subsequent to the sale or trade, been found to 
be affected with brucellosis. This action is necessary to give herd 
owners sufficient incentive to destroy their exposed animals in a 
timely manner. Prompt destruction of brucellosis-affected animals will 
assist in eradicating the disease in the United States.

EFFECTIVE DATE: May 26, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. M.J. Gilsdorf, National 
Brucellosis Epidemiologist, Cattle Diseases and Surveillance Staff, 
Veterinary Services, APHIS, USDA, room 731, Federal Building, 6505 
Belcrest Road, Hyattsville, MD 20782, (301) 436-4918.

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis, also called Bang's disease or undulant fever, is a 
serious infectious disease of cattle, bison, and other species, 
including humans, caused by bacteria of the genus Brucella. Brucellosis 
in cattle and bison is characterized by fever, sterility, slow 
breeding, abortion, and loss of milk production. To help prevent the 
spread of the disease, the regulations in 9 CFR part 51 (referred to 
below as the regulations) 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 affected 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 cattle or 
bison is critical if brucellosis-eradication efforts in the United 
States are to succeed.
    In accordance with Sec. 51.3(a)(1) of the regulations, the 
Administrator of the Animal and Plant Health Inspection Service (APHIS) 
may authorize the payment of Federal indemnity by the United States 
Department of Agriculture (USDA) to any owner whose cattle or bison are 
destroyed as brucellosis reactors.
    In accordance with Sec. 51.3(a)(2)(i) of the regulations, the 
Administrator of APHIS may also authorize the payment of Federal 
indemnity by USDA to any owner whose herd of cattle or bison is 
destroyed because of brucellosis. The Administrator may authorize the 
payment of Federal indemnity by USDA for brucellosis exposed cattle or 
bison in the herd only when the Administrator determines that 
destruction of all cattle and bison in the herd will contribute to the 
brucellosis eradication program.
    Until this final rule becomes effective, the regulations do not 
provide for the payment of indemnity for destroying brucellosis exposed 
cattle and bison that were sold or traded from a herd prior to the time 
that herd was found to be affected with brucellosis.
    On December 28, 1993, we published in the Federal Register (58 FR 
68561-68563, Docket No. 93-023-1) a proposal to amend the regulations 
to allow for payment of Federal indemnity to owners who have 
brucellosis exposed cattle or bison destroyed that were previously sold 
or traded from any herd that has, subsequent to the sale or trade, been 
found to be affected with brucellosis. The amendments were intended to 
provide an economic incentive for the timely removal of brucellosis-
exposed animals from such herds, thus minimizing the risk of those 
animals spreading brucellosis to a new herd.
    We solicited comments concerning our proposal for a 30-day comment 
period ending January 27, 1994. We received four comments by that date. 
They were from livestock marketing associations and a representative of 
the Federal government. All responses were in favor of the proposal.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866.
    The change in the regulations allows for a per-head indemnity 
payment as cited in Sec. 51.3(a)(2)(ii) if the owner chooses to destroy 
the exposed animals within a specified amount of time. In all States 
except Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the 
United States, the amount of Federal indemnity will not exceed $250 for 
any registered cattle, $250 for any nonregistered dairy cattle, $150 
for any nonregistered cattle other than dairy cattle, and $150 for any 
bison. In Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the 
United States, the amount of Federal indemnity will not exceed $250 for 
any cattle or bison. If an owner chooses to accept the indemnity 
payment, the owner will stand to lose less money than through either 
depopulation or quarantine. If the owner chooses to accept the 
indemnity payment, the Government will also save money through 
eliminating the need for quarantining the entire herd and performing 
numerous retests. At the same time, there will be less risk of 
spreading brucellosis to the rest of the animals in the owner's herd 
and to adjacent herds.
    APHIS experts estimate that there are about 50 owners nationwide 
(owning approximately 100 to 150 animals total, all of which are used 
for breeding purposes), who may be affected by this change in the 
regulations. All of the farmers can be considered ``small'' entities 
(annual gross receipts of $0.5 million or less, according to Small 
Business Administration size standards).
    While an owner still stands to lose money by destroying exposed 
animals because the amount of the indemnity will not fully compensate 
an owner for the loss of an animal, the amount will likely be minimal 
in comparison to the potential loss if the entire herd were to become 
infected.
    In summary, by allowing for an indemnity payment as specified in 
Sec. 51.3(a)(2)(ii) for each animal that was part of a herd prior to 
the time that herd was found affected with brucellosis, the risk of 
spreading brucellosis in the new herd should be minimized. Payment of 
the specified indemnity per head will give owners an economic incentive 
to destroy an exposed animal that was part of a herd prior to the time 
that herd was found affected with brucellosis. The indemnity payment 
will provide an economic benefit to owners by minimizing their 
financial losses.
    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 final rule will be submitted for approval to the 
Office of Management and Budget.

List of Subjects in 9 CFR Part 51

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

    Accordingly, 9 CFR part 51 is 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 (a) is amended by adding a new paragraph 
(a)(4), to read as set forth below:


Sec. 51.3  Payment to owners for animals destroyed.

    (a) * * *
    (4) Cattle or bison from a brucellosis-affected herd. The 
Administrator may authorize3 the payment of Federal indemnity by 
the United States Department of Agriculture to any owner who has 
brucellosis exposed cattle or bison destroyed that were previously sold 
or traded from any herd that has subsequent to the sale or trade been 
found to be affected with brucellosis. Epidemiological information such 
as test results, herd history, and related evidence would be used to 
establish a probable date when the herd was first infected with 
brucellosis. Animals sold after that date would be considered to be 
exposed; those sold before that date would not. In all States except 
Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the United 
States, the amount of Federal indemnity shall not exceed $250 for any 
registered cattle, $250 for any nonregistered dairy cattle, $150 for 
any nonregistered cattle other than dairy cattle, and $150 for any 
bison. In Alaska, Hawaii, Puerto Rico, and the Virgin Islands of the 
United States, the amount of Federal indemnity shall not exceed $250 
for any cattle or bison. Indemnity payments shall be made only for 
brucellosis exposed cattle or brucellosis exposed bison and only when 
the Administrator determines that the destruction of such cattle or 
bison will contribute to the brucellosis eradication program. Prior to 
payment of indemnity, proof of destruction4 shall be furnished to 
the veterinarian in charge.
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    \3\The Administrator shall authorize payment of Federal 
indemnity by the United States Department of Agriculture at the 
maximum per head rates in Sec. 51.3:
    (a) As long as sufficient funds appropriated by Congress appear 
to be available for this purpose for the remainder of the fiscal 
year;
    (b) In States or areas not under Federal quarantine;
    (c) In States requesting payment of Federal indemnity; and
    (d) In States not requesting a lower rate.
    \4\The Veterinarian in Charge shall accept any of the following 
documents as proof of destruction:
    (a) A postmortem report;
    (b) A meat inspection certification of slaughter;
    (c) A written statement by a State representative, APHIS 
representative, or accredited veterinarian attesting to the 
destruction of the animal;
    (d) A written, sworn statement by the owner or caretaker of the 
animal attesting to the destruction of the animal;
    (e) A permit (VS Form 1-27) consigning the animal from a farm or 
livestock market directly to a recognized slaughtering 
establishment; or
    (f) In unique situations where the documents listed above are 
not available, other similarly reliable forms of proof of 
destruction.
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* * * * *
    Done in Washington, DC, this 20th day of April 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-10027 Filed 4-25-94; 8:45 am]
BILLING CODE 3410-34-P