[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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