[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Rules and Regulations]
[Pages 15296-15298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7804]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 98-060-2]


Brucellosis; Procedures for Retaining Class Free State Status

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the brucellosis regulations to allow a State 
to retain its Class Free status following the detection of an affected 
herd if the State meets certain conditions. These conditions, which 
include quarantining, testing, and depopulating the affected herd and 
conducting an investigation to ensure that brucellosis has not spread 
from the affected herd, will allow a State to avoid losing its Class 
Free status due to an isolated case of infection being detected in the 
State. We believe that providing this option to States will encourage 
the prompt resolution of isolated cases of brucellosis and thus ensure 
the continued progress of State and Federal efforts toward the 
eradication of brucellosis in domestic cattle and bison herds. Without 
this change in the regulations, a State could lose its Class Free 
status following the detection of a single affected herd and will not 
have as great an incentive to take swift and decisive action to 
determine the source of the infection, eliminate the affected herd, and 
ensure that the disease had not spread to other herds in the State.

EFFECTIVE DATE: April 30, 1999.

FOR FURTHER INFORMATION CONTACT: Dr. Valerie Ragan, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 36, Riverdale, MD 20737-1231, (301) 734-7708.

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis is a contagious disease affecting animals and humans, 
caused by bacteria of the genus Brucella. In its principal animal 
hosts, brucellosis is characterized by abortion and impaired fertility.
    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 (areas) according to the rate of Brucella abortus 
infection present and the general effectiveness of the brucellosis 
control and eradication program conducted in the State or area. 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 may be 
placed under Federal quarantine. At this point in the cooperative 
State/Federal brucellosis eradication program, all States have achieved 
either Class Free or Class A status.
    To maintain Class Free status, the regulations require, among other 
things, that a State must have a herd infection rate of 0.0 percent or 
0 herds per 1,000. A State's herd infection rate is based on the number 
of herds found to have brucellosis reactors within the State during any 
12 consecutive months due to field strain Brucella abortus. The 
required 0.0 percent herd infection rate means that a Class Free State 
would no longer qualify for Class Free status if a single brucellosis-
affected herd was detected in the State. A downgrade in status from 
Class Free to Class A results in increased costs for States and their 
livestock owners, with most of those added costs arising from the 
increased testing requirements that accompany Class A status.
    On September 17, 1998, we published in the Federal Register (63 FR 
49670-49673, Docket No. 98-060-1) a proposed rule to amend the 
brucellosis regulations to allow a State to retain its Class Free 
status following the detection of a single affected herd if the State 
met certain conditions. As described in the proposed rule, those 
conditions, which include quarantining, testing, and depopulating the 
affected herd and conducting an investigation to ensure that 
brucellosis has not spread from the affected herd, would allow a State 
to avoid losing its Class Free status due to an isolated case of 
infection being detected in the State.
    We solicited comments concerning our proposal for 60 days ending on 
November 2, 1998. We received five comments by that date. They were 
from a State office of Federal land policy, a State game and fish 
agency, a State livestock board, a veterinary medical association, and 
a national milk producers association. All five commenters supported 
the proposed rule, although three of them asked for clarification of 
the following points:
    Applicability. Two commenters asked that we clearly state that the 
provisions of the proposed rule would apply only to domestic livestock 
and not to wildlife.
    The commenters' understanding of the applicability of these 
provisions is correct. The conditions that would have to be met for a 
State to retain its Class Free status--i.e., quarantining, testing, and 
depopulating the affected herd and investigating all adjacent, source, 
and contact herds to ensure the disease has not spread from the 
affected herd--simply could not be practically applied to wildlife. The 
provisions of this rule are applicable only to situations where a herd 
of domestic livestock in a Class Free State is found to be affected.
    Start of the 60-day period. Because a State would be given 60 days 
following the identification of an infected animal to complete the 
requirements for retaining Class Free status, one commenter asked that 
we clearly define the phrase ``identification of the infected animal.'' 
This commenter pointed out that in some cases, a reactor classification 
test occurs in which organisms cannot be cultured to differentiate 
whether Strain 19 or field strain Brucella abortus is involved, and 
those cases must be resolved by an epidemiological investigation. The 
commenter suggested that the 60-day

[[Page 15297]]

period should not begin until an investigation determines that an 
animal is infected with the field strain of Brucella abortus and is not 
reacting to an official brucellosis test due to its having been 
vaccinated with a Strain 19 vaccine.
    The commenter's understanding of when the 60-day period would begin 
is correct. If an animal reacts to an official brucellosis test and we 
are able to determine, through culturing, that the animal is infected 
with field strain Brucella abortus, then the 60-day period would begin 
on the date of that laboratory confirmation. If culturing proves 
inconclusive and an investigation is necessary to resolve the case, 
then the 60-day period would not begin until the date that the 
investigating epidemiologist reports that the animal is a Brucella 
abortus reactor. If further investigation leads the epidemiologist to 
conclude that the animal is a Strain 19 associated reactor, the herd 
will not be considered an affected herd. To make this clearer, we have 
changed new paragraph Sec. 78.1(b)(4) in this final rule so that it 
uses the words ``within 60 days of the date an animal in the herd is 
determined to be infected'' rather than ``within 60 days of the 
identification of the infected animal.''
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule with the 
changes discussed in this document.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    Producers and consumers have realized great financial savings from 
the success of the cooperative State/Federal brucellosis eradication 
program. Annual losses from lowered milk production, aborted calves and 
pigs, and reduced breeding efficiency have decreased from more than 
$400 million in 1952 to less than $1 million today. Studies indicate 
that if the brucellosis eradication program efforts were stopped, the 
costs of producing beef and milk could increase by an estimated $80 
million annually in less than 10 years with the gradual spread of 
brucellosis.
    This rule amends the brucellosis regulations to allow a State to 
retain its Class Free status following the detection of an affected 
herd if the State meets certain conditions. These conditions, which 
include depopulating the affected herd and taking measures to ensure 
that brucellosis has not spread from the affected herd, will allow a 
State to avoid losing its Class Free status due to an isolated case of 
infection being detected in the State.
    The entities potentially affected by this rule are the 43 States, 
Puerto Rico, and the U.S. Virgin Islands that currently hold Class Free 
status and the producers of livestock in those States and territories. 
The total number of cattle and bison in the United States was 
approximately 101.4 million in 1997, and was valued at about $53.2 
billion. There were 1,167,910 U.S. operations with cattle and bison in 
1997. Over 97 percent of these operations are considered to be small 
entities, with gross cash value of less than $500,000 each (USDA, 
National Agricultural Statistics Service, ``Agricultural Statistics 
1997,'' Washington, DC, 1997).
    Allowing a State to retain its Class Free status under certain 
conditions can be expected to have an overall positive economic effect 
for several reasons. First, when a State's status is upgraded from 
Class A to Class Free, the State realizes a cost savings through the 
reduction in the required level of brucellosis ring test (BRT) 
surveillance. The BRT must be conducted in a Class A State or area at 
least four times per year at approximately 90-day intervals, with all 
herds producing milk for sale in the State being required to be 
included in at least three of the four brucellosis ring tests conducted 
each year. When a State attains Class Free status, the level of BRT 
surveillance is lowered to two brucellosis ring tests per year for each 
herd producing milk for sale in the State. Thus, allowing a State to 
retain its Class Free status will enable the State to avoid the added 
testing and personnel costs associated with the higher level of BRT 
surveillance required of Class A States.
    Second, allowing a State to retain its Class Free status will mean 
that herd owners in the State can continue to avoid the costs of pre-
movement testing of their test-eligible cattle and bison. In a Class A 
State, test-eligible cattle and bison offered for sale interstate from 
other than certified-free herds must test negative for brucellosis 
prior to movement. Because that testing is not required for test-
eligible cattle and bison in Class Free States, herd owners in a State 
allowed to retain its Class Free status under the provisions of this 
rule will continue to be able to move their cattle or bison interstate 
without incurring the approximately $3.25 per-head cost of testing.
    Finally, in those cases in which a brucellosis-affected herd is 
depopulated in order for a State to retain its Class Free status, the 
costs of that depopulation may be largely offset through the payment of 
Federal indemnity for the destroyed animals. Under the brucellosis 
indemnity regulations in 9 CFR part 51, any owner whose herd of cattle 
or bison is destroyed because of brucellosis is eligible for the 
payment of Federal indemnity. The rate of indemnity is set as either: 
(1) The appraised value of each animal, minus its salvage value; or (2) 
a fixed rate of no more than $250 per animal for bison and 
nonregistered cattle other than dairy cattle and $750 per animal for 
registered cattle and nonregistered dairy cattle.
    Class Free States will not be required to pursue the option offered 
by this rule for retaining Class Free status following the detection of 
a brucellosis-affected herd. However, we believe that the economic 
benefits that a State can realize by taking action to avoid being 
downgraded to Class A status will far outweigh the costs of the herd 
depopulation, epidemiological investigation, and testing that will be 
required to retain Class Free status.
    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 new 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

[[Page 15298]]

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).

    2. In Sec. 78.1, in the definition of Class Free State or area, a 
new paragraph (b)(4) is added to read as follows:


Sec. 78.1  Definitions.

* * * * *
    Class free State or area. * * *
    (b) * * *
    (4) Retaining Class Free status. (i) If a single herd in a Class 
Free State is found to be affected with brucellosis, the State may 
retain its Class Free status if it meets the conditions of this 
paragraph. A State may retain its status in this manner only once 
during any 2-year period. The following conditions must be satisfied 
within 60 days of the date an animal in the herd is determined to be 
infected:
    (A) The affected herd must be immediately quarantined, tested for 
brucellosis, and depopulated; and
    (B) An epidemiological investigation must be performed and the 
investigation must confirm that brucellosis has not spread from the 
affected herd. All herds on premises adjacent to the affected herd 
(adjacent herds), all herds from which animals may have been brought 
into the affected herd (source herds), and all herds that may have had 
contact with or accepted animals from the affected herd (contact herds) 
must be epidemiologically investigated, and each of those herds must be 
placed under an approved individual herd plan. If the investigating 
epidemiologist determines that a herd blood test for a particular 
adjacent herd, source herd, or contact herd is not warranted, the 
epidemiologist must include that determination, and the reasons 
supporting it, in the individual herd plan.
    (ii) After the close of the 60-day period following the date an 
animal in the herd is determined to be infected, APHIS will conduct a 
review to confirm that the requirements of paragraph (b)(4)(i) have 
been satisfied and that the State is in compliance with all other 
applicable provisions.
* * * * *
    Done in Washington, DC, this 24th day of March 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-7804 Filed 3-30-99; 8:45 am]
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