[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22982]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 94-009-2]

 

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 Free to Class A. We have determined that 
California no longer meets the standards for Class Free status. This 
action imposes certain restrictions on the interstate movement of 
cattle from California.

DATES: Interim rule effective September 16, 1994. Consideration will be 
given only to comments received on or before November 15, 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. 94-009-2. 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: (1) Maintaining a cattle herd infection rate not to exceed a 
stated level during 12 consecutive months; (2) tracing back and 
successfully closing (investigating and resolving) a certain percentage 
of cases of brucellosis infection detected by the Market Cattle 
Identification (MCI) program, a program of testing at stockyards, 
farms, ranches, and slaughter establishments; (3) maintaining 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) maintaining minimum procedural standards for administering the 
program.
    Because of its herd infection rate, California was classified as a 
Class Free State on April 4, 1994, in an interim rule published in the 
Federal Register (59 FR 15612-15613, Docket No. 94-009-1); there had 
been no known brucellosis in cattle in California for 12 consecutive 
months. Since then, however, two cattle herds in California have been 
found to be infected with brucellosis.
    To attain and maintain Class A status, a State or area must: (1) 
Not exceed a cattle herd infection rate, due to field strain Brucella 
abortus, of 0.25 percent or 2.5 herds per 1,000 based on the number of 
reactors found within the State during any 12 consecutive months, 
except in States with 10,000 or fewer herds; (2) trace to the farm of 
origin 90 percent of all brucellosis reactors found in the course of 
MCI testing; (3) successfully close at least 95 percent of the MCI 
reactor cases traced to the farm of origin during the 12-consecutive-
month period immediately prior to the most recent anniversary of the 
date the State or area was classified Class A; and (4) 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 California's brucellosis program records, we have 
concluded that California meets the standards for Class A status. 
Therefore, we are removing California from the list of Class Free 
States or areas in Sec. 78.41(a) and adding it to the list of Class A 
States or areas in Sec. 78.41(b). This action will place certain 
restrictions on the interstate movement of cattle 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 prevent the interstate spread of 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

    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 Free to Class A increases testing requirements 
governing the interstate movement of cattle. However, 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 brucellosis-free. 
Test-eligible cattle offered for sale from other than certified 
brucellosis-free herds must have a negative test under 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, the change 
to Class A status would cost approximately $16 per herd.
    Therefore, we believe that changing the brucellosis status of 
California to Class A 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 removing 
``California,''.
    3. Section 78.41, paragraph (b), is amended by adding 
``California,'' immediately following ``Arkansas,''.

    Done in Washington, DC, this 12th day of September 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-22982 Filed 9-15-94; 8:45 am]
BILLING CODE 3410-34-P