[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15036]


[[Page Unknown]]

[Federal Register: June 21, 1994]


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DEPARTMENT OF AGRICULTURE
9 CFR Part 78

[Docket No. 93-120-2]

 

Official Brucellosis Tests

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the brucellosis regulations by revising 
standards established for the brucellosis testing of cattle and bison 
with the particle concentration fluorescence immunoassay test. By 
revising the standards for this test, we will help designated 
epidemiologists avoid incorrectly classifying cattle and bison as 
brucellosis suspects.

EFFECTIVE DATE: July 21, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. John Kopec, Senior Staff 
Veterinarian, Cattle Diseases Staff, Veterinary Services, APHIS, USDA, 
room 730, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, 
(301) 436-6188.

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis is a serious infectious and contagious disease, caused 
by bacteria of the genus Brucella, that affects animals and man. The 
Secretary of Agriculture is authorized to cooperate with the States in 
conducting a brucellosis eradication program and in preventing the 
interstate spread of brucellosis. The regulations in 9 CFR part 78 
(referred to below as the regulations) govern the interstate movement 
of cattle, bison, and swine in order to help prevent the spread of 
brucellosis.
    Official brucellosis tests are used to determine the brucellosis 
status of cattle, bison, and swine. The regulations stipulate that 
testing negative to an official brucellosis test is a condition for 
certain interstate movements. Additionally, official tests are used to 
determine eligibility for indemnity payments for animals destroyed 
because of brucellosis.
    On March 2, 1994, we published in the Federal Register (59 FR 9938-
9939, Docket No. 93-120-1) a proposal to revise the standards for one 
such official test, the particle concentration fluorescence immunoassay 
(PCFIA) test. We solicited comments concerning our proposal for a 60-
day comment period ending May 2, 1994. During that period, we received 
one comment, from a national veterinary medical association. The 
commenter supported 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 
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.
    Incorrect brucellosis classification of cattle and bison as a 
result of the current PCFIA test standards creates marketing delays and 
unnecessary costs for farmers. Under the regulations, cattle and bison 
classified as brucellosis suspects must either be quarantined and 
retested within 30 days or sold for slaughter (usually at a loss). 
Consequently, farmers may unnecessarily quarantine or slaughter, at a 
loss, incorrectly classified cattle and bison. Therefore, revising the 
PCFIA test result standards will save farmers both time and money.
    Though we believe that the economic impact of this action will be 
positive, we also believe it will be minimal. We anticipate that only 
about 7,200 cattle and bison in 560 herds (less than one thousandth of 
a percent of all cattle and bison in the United States) are classified 
incorrectly as brucellosis suspects under our current regulations. We 
estimate that all of the cattle and bison affected by this action will 
be owned by farms classified as small entities under Small Business 
Administration standards.
    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).

    2. In Sec. 78.1, the definition of Official test, paragraph 
(a)(10), the table is revised to read as follows:


Sec. 78.1  Definitions.

* * * * *

Official test.

    (a) * * *
    (10) * * * 

------------------------------------------------------------------------
                    S/N ratio                          Classification   
------------------------------------------------------------------------
Greater than .60..................................  Negative.           
Greater than .30 but less than or equal to .60....  Suspect.            
.30 or less.......................................  Positive.           
------------------------------------------------------------------------

* * * * *
    Done in Washington, DC, this 15th day of June 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-15036 Filed 6-20-94; 8:45 am]
BILLING CODE 3410-34-P