[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24779]
[[Page Unknown]]
[Federal Register: October 7, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 51 and 78
[Docket No. 94-007-2]
Swine Brucellosis
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that provided for payment at fair market value for whole herds of
swine depopulated because of brucellosis. This action is necessary to
eliminate in an expeditious manner all swine herds known to be affected
with brucellosis, and to help ensure that swine brucellosis is
eradicated in the United States within the next 5 years. This action is
also necessary to help eliminate the human health risk associated with
swine brucellosis.
EFFECTIVE DATE: November 7, 1994.
FOR FURTHER INFORMATION CONTACT: Dr. Joseph F. Annelli, Chief Staff
Veterinarian, Swine Health Staff, Veterinary Services, APHIS, USDA,
suite 204, Presidential Building, 6505 Belcrest Road, Hyattsville, MD
20782, (301) 436-7767.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a serious infectious disease of swine, cattle,
bison, and other species, including humans, caused by bacteria of the
genus Brucella. Brucellosis in swine is characterized by abortion,
infertility, orchitis, posterior paralysis, and lameness. To help
prevent the spread of the disease, and to further its eradication, the
regulations in 9 CFR part 51 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 infected with or exposed to
brucellosis.
The regulations in 9 CFR part 78 govern the interstate movement of
swine affected with brucellosis. To help prevent the spread of the
disease, under these regulations the interstate movement of brucellosis
reactor swine and exposed swine is subject to certain restrictions.
In an interim rule effective and published in the Federal Register
on March 17, 1994 (59 FR 12530-12533, Docket No. 94-007-1), we amended
the regulations in part 51 to provide for payment at fair market value
for whole herds of swine depopulated because of brucellosis. We also
amended the regulations in part 78 to require that all brucellosis-
exposed swine from herds known to be affected with the disease be
identified with an eartag before being moved interstate from the herd.
We solicited comments on the interim rule for a 60-day comment
period ending May 16, 1994. We received 13 comments by that date. The
commenters included a swine industry association and other members of
the swine industry, a national veterinary association, a Federal
agency, a workers union, representatives of a county government, and
other members of the general public. Twelve of the commenters supported
the interim rule as written.
One commenter opposed the interim rule, on the grounds that the
swine industry, not the Federal Government, should take financial
responsibility for swine destroyed because of brucellosis. We are
making no changes based on this comment. Under 21 U.S.C. 111, the
Secretary of Agriculture has statutory authority to promulgate
regulations to prevent the dissemination from one State to another of
contagious, infectious, or communicable diseases of animals. Under 21
U.S.C. 114a, the Secretary is authorized to pay claims growing out of
the destruction of animals affected by or exposed to any communicable
disease of livestock that threatens the U.S. livestock industry. In
accordance with this statutory authority, the regulations in part 51
provide for payment of Federal indemnity to owners of swine destroyed
because of brucellosis. As we discussed in our interim rule, under the
provisions of that rule, the total cost for indemnity is expected to
increase only slightly over the life of the swine brucellosis
eradication program, and total swine brucellosis eradication costs are
expected to decrease substantially. We expect that paying fair market
value for whole herds of swine depopulated because of brucellosis will
reduce the total cost of eradication from $18.6 million to $11.35
million, and will shorten the time necessary to achieve eradication by
more than 25 years.
Therefore, based on the rationale set forth in the interim rule and
in this document, we are adopting the provisions of the interim rule,
without change, 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.
This rule also requires that all exposed swine in a herd known to
be affected with brucellosis be identified with a metal eartag before
being moved interstate from the herd known to be affected. At present,
10 swine herds in the United States are known to be affected with
brucellosis. This number represents less than 0.005 percent of the
235,840 swine herds in this country. We estimate that the cost of
applying eartags to exposed swine in the average herd known to be
affected will be less than $20.
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 rule have been submitted for approval to the Office of
Management and Budget.
List of Subjects
9 CFR Part 51
Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and
recordkeeping requirements.
9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
Accordingly, the interim rule amending 9 CFR parts 51 and 78 that
was published at 59 FR 12530-12533 on March 17, 1994, is adopted,
without change, as a final rule.
9 CFR Part 51
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).
9 CFR Part 78
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).
Done in Washington, DC, this 30th day of September 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-24779 Filed 10-6-94; 8:45 am]
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