[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Rules and Regulations]
[Pages 44776-44777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22522]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 98-086-1]


Validated Brucellosis-Free States; Alabama

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 swine by adding Alabama to the list of validated 
brucellosis-free States. We have determined that Alabama meets the 
criteria for classification as a validated brucellosis-free State. This 
action relieves certain restrictions on the interstate movement of 
breeding swine from Alabama.

DATES: Interim rule effective August 21, 1998. Consideration will be 
given only to comments received on or before October 20, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-086-1, 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. 98-086-1. 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. Arnold Taft, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 43, Riverdale, MD 20737-1231, (301) 734-4916.

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), 
prescribe conditions for the interstate movement of cattle, bison, and 
swine.
    Under the swine brucellosis regulations, States, herds, and 
individual animals are classified according to their brucellosis 
status. Interstate movement requirements for swine are based upon the 
disease status of the individual animal or the herd or State from which 
the animal originates.
    We are amending Sec. 78.43 of the regulations, which lists 
validated brucellosis-free States, to include Alabama. A State may 
apply for validated brucellosis-free status when: (1) Any herd found to 
have swine brucellosis during the 2-year qualification period preceding 
the application has been depopulated. More than one finding of a swine 
brucellosis-infected herd during the qualification period disqualifies 
the State from validation as brucellosis-free; and (2) during the 2-
year qualification period, the State has completed surveillance, 
annually, by either complete herd testing, market swine testing, or 
statistical analysis.
    Breeding swine originating from a validated brucellosis-free State 
or herd may be moved interstate without having been tested with an 
official test for brucellosis within 30 days prior to interstate 
movement, which would otherwise be required.
    After reviewing its brucellosis program records, we have concluded 
that Alabama meets the criteria for classification as a validated 
brucellosis-free State. Therefore, we are adding Alabama to the list of 
States in Sec. 78.43. This action relieves certain restrictions on the 
interstate movement of breeding swine from Alabama.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has

[[Page 44777]]

determined that there is good cause for publishing this interim rule 
without prior opportunity for public comment. Immediate action is 
warranted to remove unnecessary restrictions on the interstate movement 
of swine from Alabama.
    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 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. 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.
    This action removes the requirement that breeding swine be tested 
for brucellosis prior to movement interstate from Alabama.
    Approximately 99 percent of swine herd producers in Alabama are 
small businesses (defined by the Small Business Administration as 
having annual gross receipts of less than $500,000). Currently, these 
small producers have about 20,000 adult swine tested annually for 
brucellosis, at a cost to producers of approximately $5 per test. We 
are not able to determine exactly how many of these tests are performed 
for the purpose of certifying breeding swine for movement interstate, 
but we estimate the number to be small.
    We anticipate, therefore, that this action will have a minimal 
positive economic impact, if any, on swine producers in Alabama.
    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. 78.43  [Amended]

    2. Section 78.43 is amended by adding ``Alabama,'' immediately 
before ``Alaska,''.

    Done in Washington, DC, this 17th day of August 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-22522 Filed 8-20-98; 8:45 am]
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