[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Rules and Regulations]
[Pages 75581-75582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30764]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / 
Rules and Regulations  

[[Page 75581]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 00-103-1]


Brucellosis in Cattle; State and Area Classifications; South 
Dakota

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 South 
Dakota from Class A to Class Free. We have determined that South Dakota 
meets the standards for Class Free status. This action relieves certain 
restrictions on the interstate movement of cattle from South Dakota.

DATES: This interim rule was effective December 4, 2000. We invite you 
to comment on this docket. We will consider all comments that we 
receive by February 2, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-103-1, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 00-103-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Valerie Ragan, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 43, 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.
    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 A and Class B 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 percentage of all 
brucellosis reactor cases 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, South Dakota was 
classified as a Class A State.
    To attain and maintain Class Free status, a State or area must (1) 
remain free from field strain Brucella abortus infection for 12 
consecutive months or longer; (2) trace back at least 90 percent of all 
brucellosis reactors found in the course of MCI testing to the farm of 
origin; (3) successfully close at least 95 percent of the MCI reactor 
cases traced to the farm of origin during the consecutive 12-month 
period immediately prior to the most recent anniversary of the date the 
State or area was classified Class Free; and (4) have a specified 
surveillance system, as described above, including an approved 
individual herd plan in effect within 15 days of locating the source 
herd or recipient herd.
    The last brucellosis-infected cattle herd in South Dakota was 
released from quarantine in December of 1990. Since then, South Dakota 
has remained a Class A State due to the presence of a privately owned 
brucellosis-affected bison herd. An intensive plan for management of 
brucellosis within this affected herd was set forth in January of 1999, 
with a goal of releasing the herd from quarantine in November 2000. The 
herd was officially released from quarantine on October 31, 2000.
    After reviewing the brucellosis program records for South Dakota, 
we have concluded that this State meets the standards for Class Free 
status. Therefore, we are removing South Dakota from the list of Class 
A States in Sec. 78.41(b) and adding it to the list of Class Free 
States in Sec. 78.41(a). This action relieves certain restrictions on 
moving cattle interstate from South Dakota.

Immediate Action

    Immediate action is warranted to remove unnecessary restrictions on 
the interstate movement of cattle from South Dakota. Under these 
circumstances, the Administrator has determined that prior notice and

[[Page 75582]]

opportunity for public comment are contrary to the public interest and 
that there is good cause under 5 U.S.C. 553 for making this rule 
effective less than 30 days after 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.
    Cattle moved interstate are moved for slaughter, for use as 
breeding stock, or for feeding. Changing the brucellosis status of 
South Dakota from Class A to Class Free will promote economic growth by 
reducing certain testing and other requirements governing the 
interstate movement of cattle from this State. 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 South 
Dakota, as well as buyers and importers of cattle from this State.
    There are an estimated 18,300 cattle herds in South Dakota that 
will be affected by this rule. About 99 percent of these are owned by 
small entities. Test-eligible cattle offered for sale interstate from 
other than certified-free herds must have a negative test under present 
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, Class Free status would save approximately $4 
per head.
    Therefore, we believe that changing the brucellosis status of South 
Dakota will not have a significant economic effect 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 interim 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 interim 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 371.4.


Sec. 78.41  [Amended]

    2. Section 78.41 is amended as follows:
    a. In paragraph (a), by adding ``South Dakota,'' in alphabetical 
order.
    b. In paragraph (b), by removing ``South Dakota,''.

    Done in Washington, DC, this 28th day of November 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-30764 Filed 12-1-00; 8:45 am]
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