[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
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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