[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Rules and Regulations]
[Pages 44544-44545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22462]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 98-014-2]


Brucellosis in Cattle; State and Area Classifications; Florida

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

DATES: Interim rule effective August 13, 1998. Consideration will be 
given only to comments received on or before October 19, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-014-2, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 98-014-2. 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. R.T. Rollo, Jr., Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 43, Riverdale, MD 20737-1231, (301) 734-7709; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis is a contagious disease affecting animals and humans, 
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 to the farm 
of origin and successfully closing a stated percent of all brucellosis 
reactors found in the course of Market Cattle Identification (MCI) 
testing; (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.
    Before the effective date of this interim rule, Florida was 
classified as a Class Free State because there had been no known 
brucellosis in cattle in Florida for at least 12 consecutive months. 
However, as of August of 1998, two cattle herds in Florida were 
identified as 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 at least 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 a 
source herd or recipient herd.
    After reviewing the brucellosis program records for Florida, we 
have concluded that this State meets the standards for Class A status. 
Therefore, we are removing Florida 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 78.41(b). This action imposes certain restrictions on the 
interstate movement of cattle from Florida.

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

[[Page 44545]]

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 this 
action effective upon signature. 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. The document 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 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 
Florida 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 Florida, 
as well as buyers and importers of cattle from this State.
    There are an estimated 20,000 cattle herds in Florida that will be 
affected by this rule. All of these are owned by small entities. Test-
eligible cattle offered for sale interstate from other than certified 
brucellosis-free herds must be tested for brucellosis under Class A 
status regulations, but not under regulations concerning Class Free 
status. If such testing were distributed equally among all animals 
affected by this rule, the change to Class A status would cost 
approximately $4 per head.
    Therefore, we believe that changing the brucellosis status of 
Florida will 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 12988

    This rule has been reviewed under Executive Order 12988, 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 rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (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, we are amending 9 CFR part 78 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, and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 78.41  [Amended]

    2. In Sec. 78.41, paragraph (a) is amended by removing 
``Florida,''.
    3. In Sec. 78.41, paragraph (b) is amended by adding ``Florida,'' 
immediately before ``Kansas,''.

    Done in Washington, DC, this 13th day of August, 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-22462 Filed 8-19-98; 8:45 am]
BILLING CODE 3410-34-P