[Federal Register Volume 66, Number 178 (Thursday, September 13, 2001)]
[Proposed Rules]
[Pages 47593-47599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22981]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 66, No. 178 / Thursday, September 13, 2001 / 
Proposed Rules  

[[Page 47593]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 51

[Docket No. 00-002-1]


Brucellosis in Sheep, Goats, and Horses; Payment of Indemnity

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the brucellosis indemnity 
regulations to allow us to pay indemnity for sheep, goats, and horses 
destroyed because of brucellosis. This action would make it easier to 
eliminate affected herds/flocks and infected animals as sources of 
infection by encouraging herd and flock owners to cooperate with our 
brucellosis eradication program. This action is intended to help reduce 
the incidence of brucellosis and the likelihood of it spreading within 
the United States.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by November 13, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-002-1, 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. 00-002-1.
    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 caused by bacteria of the genus 
Brucella. It affects both animals and humans. In its principal animal 
hosts, it causes loss of young through spontaneous abortion or birth of 
weak offspring, reduced milk production, and infertility. There is no 
economically feasible treatment for brucellosis in livestock. In 
humans, brucellosis initially causes flu-like symptoms, but the disease 
may develop into a variety of chronic conditions, including arthritis. 
Humans can be treated for brucellosis with antibiotics.
    Brucellosis is mainly a disease of cattle, bison, and swine. 
Brucella abortus affects mainly bovines; B. suis affects mainly swine. 
Goats, sheep, and horses are also susceptible to B. abortus. In horses, 
the disease is known as fistulous withers. A third strain, B. 
melitensis, affects mainly goats and sheep.
    In the United States, goats, sheep, and horses are rarely infected 
with B. abortus or B. melitensis. When they are, it is almost always 
because they have been in direct contact with infected animals or in an 
environment contaminated by discharges from infected animals.
    The continued presence of brucellosis in a herd or flock seriously 
threatens the health of other animals. To prevent any possible spread 
of infection, we ask livestock owners to promptly destroy all infected 
and exposed animals. To encourage them, we pay Federal indemnity for 
certain cattle, bison, and swine destroyed because of brucellosis. 
Regulations governing indemnity for cattle, bison, and swine are 
contained in 9 CFR part 51.
    Animals infected with brucellosis must be quarantined. Quarantining 
is lengthy and expensive for both the owner and the U.S. Department of 
Agriculture (USDA). USDA must pay to have the quarantined herd or flock 
tested periodically, until it is found to be free of brucellosis. In 
the interim, the owner may not sell or move any breeding animals, 
except for slaughter. This means a financial loss for the animal owner, 
as slaughter animals generally receive lower prices than breeding 
animals. Without financial incentives to destroy infected animals, some 
owners choose to keep their affected herds or flocks, even though the 
animals must remain under quarantine.
    Maintaining herds/flocks under quarantine also has another major 
drawback--it does not guarantee that brucellosis will not spread. 
Brucellosis spreads both directly and indirectly. For example, a 
quarantined animal may jump the fence and spread disease directly to 
adjacent herds, or a fox, dog, vulture, or other animal may move 
infective materials, such as placentas, from the quarantined area to 
other pastures where nonquarantined livestock can come in contact with 
it. For these reasons, it is important to remove infected animals 
rapidly.
    State, Federal, and industry efforts have almost completely 
eliminated brucellosis in the United States. B. abortus and B. suis are 
now present only in a few areas. As of December 2000, there were no 
longer any cattle herds in the United States affected with B. abortus. 
B. melitensis is not known to exist in the United States at this time. 
However, B. melitensis does exist in Mexico. In 1999, one herd of mixed 
goats and sheep in southern Texas was destroyed because they were found 
to be infected with B. melitensis. This was the first known case of B. 
melitensis in the United States since the 1970's.
    We believe our current indemnity program is sufficient to encourage 
owners of affected cattle herds to allow them to be destroyed. However, 
goats, sheep, and horses can spread brucellosis to other livestock and 
to humans. The brucellosis eradication program is in its final critical 
stages. Removing all infected animals and herds is ultimately the only 
effective means of eradicating the disease. Being able to pay indemnity 
for goats, sheep, and horses, as we do for cattle, bison, and swine, is 
a crucial tool to encourage livestock owners to

[[Page 47594]]

destroy infected or exposed animals and eliminate the last sources of 
infection.
    The proposed indemnity program for goats, sheep, and horses that is 
the subject of this proposed rule would be a voluntary program. If 
producers respond positively, animals that pose a disease threat would 
be destroyed. This would advance our program to eradicate brucellosis 
in the United States. If brucellosis is eradicated, U.S. livestock will 
be valued higher in international markets. In addition, brucellosis-
related restrictions on the movement of livestock within the United 
States will also be removed, reducing costs for U.S. producers. These 
factors together indicate that U.S. livestock and livestock products 
will be more competitive in both national and international markets.
    Therefore, we are proposing to amend the regulations in part 51 by 
adding a new subpart containing provisions for an indemnity program for 
goats, sheep, and horses.
    We modeled these proposed regulations on our existing indemnity 
regulations for cattle and bison, making adjustments as necessary to 
better address brucellosis in goats, sheep, and horses, and we 
reorganized and rewrote the requirements to make them easier to 
understand. Definitions of words used in the subpart are contained in 
proposed Sec. 51.20. Proposed Sec. 51.21 contains a statement that we 
will cooperate with State authorities to eradicate brucellosis and pay 
indemnity for animals destroyed because of brucellosis. The remainder 
of the proposed regulations are contained in Secs. 51.22 through 51.33.
    Goats and sheep are herd/flock animals. A single infected animal in 
a herd or flock exposes all the animals in that herd/flock to the 
disease, and goats and sheep infected with brucellosis can easily 
spread it to other members of the herd/flock. Therefore, in order to 
eliminate any possibility of brucellosis spreading from a herd of 
goats, flock of sheep, or herd of mixed goats and sheep, all animals in 
the herd or flock must be destroyed, or depopulated. As a result, under 
our proposed regulations we would pay brucellosis indemnity for goats 
and sheep only if they are destroyed as part of a whole herd/flock 
depopulation (Secs. 51.22(a) and 51.23(a) and (b)). An epidemiologist 
would have to determine if the herd/flock was affected. Whether to 
depopulate a herd/flock would be decided based on all available 
information about the affected herd/flock, including blood test 
results, culture results, and exposure to other animals.
    Horses infected with brucellosis almost always become infected by 
contact with brucellosis-infected cattle, bison, swine, goats, or 
sheep. There is little evidence that horses play a significant role in 
spreading brucellosis, and we do not know of any case in the United 
States where an entire herd of horses has been affected with 
brucellosis. Therefore, horses would not be subject to the same whole 
herd depopulation requirement as sheep and goats. Rather, under our 
proposed regulations, individual horses tested and found to be infected 
with brucellosis would be eligible for indemnity (Sec. 51.23(c)).
    Under the proposed regulations, the Administrator would authorize 
the payment of indemnity for approved herds/flocks or horses as long 
as: (1) Sufficient funds are available, (2) the State or area in which 
the animal is located is not under Federal quarantine, (3) the State 
has requested payment of Federal indemnity, or (4) the State has not 
requested a rate lower than the maximum. Prior to paying indemnity, the 
Veterinarian in Charge would have to have received proof that the 
animal or animals had been destroyed (Sec. 51.22(c)). These proposed 
regulations are the same as our current requirements for paying 
indemnity for cattle and bison destroyed because of brucellosis.
    We would pay indemnity only for those animals that had been 
identified and disposed of according to our regulations. Proposed 
Sec. 51.24 states that animals must be individually appraised, and that 
the indemnity amount will be the appraised fair market value minus the 
salvage value of the animal. The USDA will select and pay for an 
independent appraiser to determine that amount. There would be an upper 
limit of $20,000 on the amount of indemnity that would be paid for an 
individual horse. As the 1997 average U.S. sales price for a horse was 
$3,165, with State average sales prices ranging between $794 and 
$18,795, this proposed cap of $20,000 would potentially affect the 
owners of only the most expensive horses (e.g., purebred horses). Given 
that the proposed indemnity program would be voluntary, the owner of 
any horse would have the option of maintaining the horse in quarantine 
rather than destroying the horse and accepting an indemnity payment. 
The proposed regulations include instructions on how to prove that 
animals have been destroyed (Sec. 51.25), how to compile test records 
and identify animals for testing (Sec. 51.26), how to mark animals with 
identification showing they are to be destroyed (Sec. 51.27), how to 
move animals to slaughter or other locations (Sec. 51.28), and how to 
destroy animals (Sec. 51.29). There are time limits for marking animals 
with identification showing they are to be destroyed, specified in 
proposed Sec. 51.27, and for destroying animals, specified in proposed 
Sec. 51.29.
    The regulations in proposed Sec. 51.29 are modeled on our indemnity 
requirements for cattle affected with B. abortus. The only significant 
difference is that goats and sheep infected with B. melitensis could 
not be sent to slaughter. Instead, they would have to be destroyed and 
then buried, incinerated, or rendered in accordance with applicable 
State law. B. melitensis is easily transmitted by handling the 
carcasses of infected animals. Therefore, to protect slaughterhouse 
workers, we would require these animals to be disposed of by other 
means. B. abortus poses a very minimal risk to slaughterhouse workers, 
and infected animals can be safely slaughtered. Owners may, however, 
choose to bury, incinerate, or render carcasses of animals infected 
with B. abortus.
    The proposed regulations require records on each animal destroyed. 
We would require records of tests and test results, and records showing 
the individual identification of animals tested and destroyed. These 
records would help us do three things: Ensure that the animals intended 
for destruction are actually infected or exposed to brucellosis; track 
individual animals intended for destruction to be sure they are 
actually destroyed; and ensure that the animals we would be paying 
indemnity for are the same animals that were destroyed (Secs. 51.26, 
51.27, and 51.29).
    In addition, we would require infected and exposed animals moving 
interstate to do so only under permit. The animals could only be moved 
interstate to slaughter. This is consistent with our regulations for 
cattle and bison. The animals would have to be accompanied directly to 
slaughter by an Animal and Plant Health Inspection Service (APHIS) or 
State representative, or moved in vehicles closed with official seals 
(Sec. 51.28). This would help ensure that animals are not diverted en 
route.
    All the requirements for filing an indemnity claim are in proposed 
Sec. 51.30. These proposed requirements are the same as under our 
indemnity program for cattle.
    The regulations would also include cleaning and disinfecting 
requirements. Premises where infected animals have been held would have 
to be cleaned and disinfected within a stated time limit to ensure that 
new animals brought there do not contract brucellosis. These

[[Page 47595]]

proposed requirements, which are found in Sec. 51.31, are the same as 
our requirements under the cattle, bison, and swine indemnity program.
    Proposed Sec. 51.32 contains a lists of claims we would not allow. 
Proposed Sec. 51.33 states that if an indemnity claim is paid for 
animals destroyed because of brucellosis, no other claims for indemnity 
will be paid for the same animals. These two sections are modeled on 
our current requirements concerning the payment of indemnity for 
cattle, bison, and swine destroyed because of brucellosis.

Miscellaneous

    We are also proposing to make a minor, nonsubstantive change in 
part 51 to reflect the creation of new subparts A and B.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    Brucellosis is a contagious, costly disease of livestock. It 
affects mainly ruminants and swine. However, it may also infect other 
animals, including horses. In addition, it is contagious to humans. 
Because of the serious consequences of infection in its animal hosts, 
which include loss of young through abortion or birth of weak 
offspring, reduced milk production, infertility, weight loss, and 
lameness, and its rapid spread among animals and potential for human 
infection, brucellosis is considered one of the most serious livestock 
diseases. At present, there is no effective treatment for animals. 
Affected herds/flocks and infected animals can be quarantined. However, 
quarantining does not eliminate possible spread; only destroying 
infected and exposed animals ensures that the disease is not 
transmitted to other animals.
    We are proposing to amend the brucellosis indemnity regulations to 
allow us to pay indemnity for sheep, goats, and horses destroyed 
because of brucellosis, which would make it easier to eliminate 
affected herds/flocks and infected animals as sources of infection and 
would encourage herd and flock owners to cooperate with our brucellosis 
eradication program. This proposed action is intended to help reduce 
the incidence of brucellosis and the likelihood of it spreading within 
the United States.

Goats and Sheep--Operations, Inventory, and Trade

    It is estimated that there were approximately 9.8 million sheep and 
lambs in the United States in 1999.\1\ Small farms \2\ account for over 
99 percent of farms raising sheep and lambs, while farms considered to 
be large account for less than 0.3 percent of farms raising sheep and 
lambs. About 85 percent of all farms raising sheep and lambs have fewer 
than 100 animals each; these farms collectively accounted for about 17 
percent of domestic sheep and lamb holdings. On the other hand, large 
sheep operations with 5,000 or more sheep accounted for about 26 
percent of domestic sheep and lamb holdings.
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    \1\ USDA, National Agricultural Statistics Service (NASS), 
Agricultural Statistics 2000, United States Government Printing 
Office, Washington, DC.
    \2\ Based on size standards established by the Small Business 
Administration (SBA) for animal production, a sheep and goat 
business with less than $0.5 million gross annual sales qualifies as 
a small entity (13 CFR part 121).
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    According to the most recent figures available, there were 
approximately 57,925 goat producers in the United States in 1997, who 
raised about 1,989,799 goats, valued at approximately $74 million.\3\ 
With an average holding of about 35 goats, most, if not all, goat 
operations are relatively small and earn less than $500,000.
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    \3\ USDA, NASS, 1997 Census of Agriculture, Tables 19, 20, and 
25.
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    The United States has limited foreign trade in live sheep, live 
goats, and their products. Figures for 1999 are shown in table 1.

                               Table 1.--Sheep and Goat Imports and Exports, 1999
----------------------------------------------------------------------------------------------------------------
                                                              Imports                         Exports
                                                 ---------------------------------------------------------------
                      Item                                           Value, in                       Value, in
                                                      Number         millions         Number         millions
----------------------------------------------------------------------------------------------------------------
Sheep...........................................          51,999           $5.01         445,307          $18.96
Goats...........................................           1,166            0.32          72,950            3.03
                                                 ---------------------------------------------------------------
      Total.....................................          53,165            5.33         518,257          21.99
----------------------------------------------------------------------------------------------------------------
Source: World Trade Atlas, June 2000.

    The United States also imports and exports sheep and goat meat. 
During 1999, U.S. imports totaled 111 million pounds of sheep and goat 
meat, valued at $183.74 million. Exports totaled 5.6 million pounds, 
valued at $6.46 million.

Horses--Operations, Inventory, and Trade

    According to the 1997 Census of Agriculture, there were 375,218 
farms in the United States with a total 2,427,277 horses. During 1997, 
79,516 of these farms sold 325,306 horses for about $1.03 billion, with 
an average value per horse of $3,165.\4\ Using this average value, the 
total market value of horses in the United States was $10.847 billion 
in 1997. Over 98 percent of farms with horses had gross annual sales of 
less than $500,000 and thus are considered to be small entities 
according to the Small Business Administration size standards.\5\
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    \4\ USDA, NASS, 1997 Census of Agriculture, Washington, DC, 
1997.
    \5\ Horse farms with less than $0.5 million in annual sales are 
classified as small entities according to the SBA size standards for 
animal production (13 CFR part 121). According to the 1997 Census of 
Agriculture, an average farm had 6.5 horses, while according to the 
American Horse Council, 1.9 million people owned 6.9 million horses, 
yielding an average of 3.6 horses per owner.
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    The contribution of horses to the economy of the Nation is 
substantial. A study for the American Horse Council showed that the 
horse industry directly contributed about $25.3 billion to the gross 
domestic product. The horse industry's indirect and induced impact on 
the national economy is about $112 billion.
    Horses also play an important role in the international trade of 
the United States. Figures for 1999 are shown in table 2.

[[Page 47596]]



                                    Table 2.--Horse Imports and Exports, 1999
----------------------------------------------------------------------------------------------------------------
                                                              Imports                         Exports
                                                 ---------------------------------------------------------------
                     Animals                                         Value, in                      Value,  in
                                                      Number         millions         Number         millions
----------------------------------------------------------------------------------------------------------------
Purebred........................................           3,677          $24.33          26,494         $132.69
Nonpurebred.....................................          28,081          301.42          52,206          160.17
                                                 ---------------------------------------------------------------
      Total.....................................          31,758          325.75          78,700         292.86
----------------------------------------------------------------------------------------------------------------
Source: World Trade Atlas, June 2000.

Amount of Indemnity

    Under this proposed rule, the amount of indemnity would be the fair 
market value of each animal, minus salvage, if any, received for the 
animal. There would usually be no salvage value for sheep and goats 
destroyed because of B. melitensis, as the carcass would have to be 
buried, incinerated, or rendered after the animal was destroyed. 
Animals would have to be individually appraised before destruction to 
determine their fair market value. An independent appraiser selected by 
the Administrator and paid by USDA would conduct all appraisals.
    It is impossible to estimate indemnity expenditures, as market 
values vary depending upon the specific animal. However, as of January 
1, 1999, the average national sales price of a sheep was $88, while as 
of January 1, 1998, it was $102. These prices reflect the average of 
the sale of millions of slaughter sheep, and the sale of a few thousand 
registered breeding sheep.\6\  
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    \6\ The average price for registered breeding sheep is in the 
range of $300, with some selling for thousands of dollars.
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    As of January 1, 1999, the average sales price for goats was $35 
per head. As in the case of sheep, market values vary, depending 
whether the animal is a slaughter goat, angora goat, dairy goat, 
crossbred or purebred, etc.
    There is much variation in the price of horses. In 1997, the 
average U.S. sales price for a horse was $3,165. Purebred horses are 
more expensive than nonpurebred. State average sales prices ranged 
between $794 and $18,795, with a median price of about $1,860 per 
horse. The median indicates that the market value of a horse in 50 
percent of States was above $1,860 per head and in 50 percent below it.
    At this time, there are no goats, sheep, or horses in the United 
States known to be infected with B. abortus or B. melitensis. We 
estimate that fewer than a dozen herds, flocks, or individual animals 
would be eligible for indemnity under this proposed rule by the time 
brucellosis is eradicated from the United States.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
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 proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required before parties may 
file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 00-002-1. 
Please send a copy of your comments to: (1) Docket No. 00-002-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    This proposed rule would provide for the Department to pay 
indemnity for the voluntary depopulation of herds of goats, flocks of 
sheep, and mixed herds of goats and sheep affected with B. abortus or 
B. melitensis and for the voluntary slaughter of individual horses 
infected with brucellosis. Implementing the proposed indemnity program 
would necessitate the use of several information collection activities, 
including the completion of indemnity claims, test records, and 
permits; the use of official seals and animal identification; and the 
submission of proof of destruction and requests for the extension of 
certain program-related deadlines.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 15 minutes per response.
    Respondents: Sheep, goat, and horse owners who may be eligible to 
participate in a brucellosis indemnity program; State and accredited 
veterinarians; and slaughter plant operators.
    Estimated annual number of respondents: 4.

[[Page 47597]]

    Estimated annual number of responses per respondent: 1.
    Estimated annual number of responses: 4.
    Estimated total annual burden on respondents: 1 hour.
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

List of Subjects in 9 CFR Part 51

    Animal diseases, Cattle, Goats, Hogs, Horses, Indemnity payments, 
Reporting and recordkeeping requirements, Sheep.

    Accordingly, we propose to amend 9 CFR part 51 as follows:

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

    1. The authority citation for part 51 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125, 
134b; 7 CFR 2.22, 2.80, and 371.4.


Secs. 51.1 through 51.10  [Designated as subpart A]

    2. Sections 51.1 through 51.10 would be designated as Subpart A--
Indemnity for Cattle, Bison, and Swine.


Sec. 51.1  [Amended]

    2. In Sec. 51.1, in the definition of Permit, the word ``Part'' 
would be removed and the word ``subpart'' added in its place.
    3. A new Subpart B--Indemnity for Sheep, Goats, and Horses, 
Secs. 51.20 through 51.33, would be added to read as follows:

Subpart B--Indemnity for Sheep, Goats, and Horses

Sec.
51.20  Definitions.
51.21  Cooperation with States.
51.22  Payment to owners for goats, sheep, and horses destroyed.
51.23  Eligibility for indemnity.
51.24  Maximum per-head indemnity amounts.
51.25  Proof of destruction.
51.26  Record of tests.
51.27  Identification of goats, sheep, and horses to be destroyed.
51.28  Moving goats, sheep, and horses to be destroyed.
51.29  Destruction of animals; time limit.
51.30  Claims for indemnity.
51.31  Disinfecting premises, conveyances, and materials.
51.32  Claims not allowed.
51.33  Multiple indemnity payments.


Sec. 51.20  Definitions.

    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with the provisions of part 161 of this 
title to perform functions specified in parts 1, 2, 3, and 11 of 
subchapter A, and subchapters B, C, and D of this chapter, and to 
perform functions required by cooperative State-Federal disease control 
and eradication programs.
    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Affected Herd/Flock. Any herd or flock in which any cattle, bison, 
breeding swine, sheep, or goat has been classified as a brucellosis 
reactor and which has not been released from quarantine.
    Animal. Sheep, goats, and horses.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Appraisal. An estimate of the fair market value of an animal to be 
destroyed because of brucellosis.
    Brucellosis exposed. Except for brucellosis reactors, animals that 
are part of a herd known to be affected, or are in a quarantined 
feedlot or a quarantined pasture, or are brucellosis suspects, or that 
have been in contact with a brucellosis reactor for a period of 24 
hours or more, or for a period of less than 24 hours if the brucellosis 
reactor has aborted, calved, or farrowed within the past 30 days or has 
a vaginal or uterine discharge.
    Brucellosis reactor animal. Any cattle, bison, or swine classified 
as a brucellosis reactor as provided in the definition of official test 
in Sec. 78.1 of this chapter, and any sheep, goat, or horse classified 
as a brucellosis reactor as provided in Sec. 51.23 of this subpart.
    Condemn. The determination made by an APHIS representative, State 
representative, or accredited veterinarian that animals for which 
indemnity is sought under this subpart will be destroyed.
    Designated brucellosis epidemiologist. An epidemiologist selected 
by the State animal health official and the Veterinarian in Charge to 
perform the functions required. The regional epidemiologist and the 
APHIS brucellosis staff must concur in the selection and appointment of 
the designated epidemiologist.
    Destroyed. Condemned under State authority and slaughtered or 
otherwise dies.
    Flock. Any group of sheep maintained on common ground for any 
purpose, or two or more groups of sheep under common ownership or 
supervision, geographically separated but which have an interchange or 
movement of animals without regard to health status.
    Herd. Any group of goats, or mixed sheep and goats, maintained on 
common ground for any purpose, or two or more groups of goats, or two 
or more groups of mixed sheep and goats, under common ownership or 
supervision, geographically separated but which have an interchange or 
movement of animals without regard to health status.
    Herd Depopulation. Removal by slaughter or other means of 
destruction of all sheep or goats in a flock or herd, or from a 
specific premises or under common ownership prior to restocking such 
premises with new animals.
    Mortgage. Any mortgage, lien, or interest that is recorded under 
State law or identified in the indemnity claim form filed in accordance 
with this subpart, and held by any person other than the one claiming 
indemnity.
    Official seal. A serially numbered metal strip consisting of a 
self-locking device on one end and a slot on the other end, which forms 
a loop when the ends are engaged and which cannot be reused if opened, 
and is applied by a representative of the Veterinarian in Charge or the 
Sate animal health official.
    Owner. Any person who has legal or rightful title to sheep, goats, 
and horses, whether or not the animals are subject to a mortgage.
    Permit. An official document for movement of animals under this 
subpart issued by an APHIS representative, State representative, or 
accredited veterinarian listing the disease status and identification 
of the animal, where consigned, cleaning and disinfecting requirements 
and proof of slaughter certification.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company, or other legal entity.
    Registered sheep and goats. Sheep and goats for which individual 
records of ancestry are recorded and maintained by a breed association 
whose purpose is the improvement of the species, and for which 
individual registration certificates are issued and recorded by such 
breed association.
    State. Any State, the District of Columbia, Puerto Rico, the Virgin 
Islands of the United States, Guam, the Northern Mariana Islands, or 
any other territory or possession of the United States.
    State representative. An individual employed in animal health 
activities by a State or a political subdivision thereof, and who is 
authorized by such State or political subdivision to perform the 
function involved under a cooperative

[[Page 47598]]

agreement with the United States Department of Agriculture.
    Veterinarian in Charge. The APHIS veterinary official who is 
assigned by the Administrator to supervise and perform the official 
animal health work of APHIS in the State or area concerned, or any 
person authorized to act for the Veterinarian in Charge.


Sec. 51.21  Cooperation with States.

    The Administrator has been delegated the authority to cooperate 
with the proper State authorities in the eradication of brucellosis and 
to pay indemnities for the destruction of brucellosis-reactor animals 
or brucellosis-exposed animals.


Sec. 51.22  Payment to owners for goats, sheep, and horses destroyed.

    (a) The Administrator may authorize the payment of Federal 
indemnity by the U.S. Department of Agriculture to any owner whose 
goats, sheep, or horses are destroyed after having been approved for 
destruction by APHIS.\1\ Goats or sheep must be destroyed as part of a 
whole herd/flock depopulation to be eligible for Federal indemnity.
---------------------------------------------------------------------------

    \1\ The Administrator will authorize payment of Federal 
indemnity by the U.S. Department of Agriculture as provided in 
Sec. 51.24: (a) As long as sufficient funds appropriated by Congress 
appear to be available for this purpose for the remainder of the 
fiscal year; (b) in States or areas not under Federal quarantine; 
(c) in States requesting payment of Federal indemnity; and (d) in 
States not requesting a lower rate.
---------------------------------------------------------------------------

    (b) The amount of Federal indemnity will be determined in 
accordance with the regulations in this part that were in effect on the 
date infected animals were found, or the date that the whole-herd/flock 
depopulation or destruction of individual animals was approved.
    (c) Prior to payment of indemnity, proof of destruction must be 
furnished to the Veterinarian in Charge.


Sec. 51.23  Eligibility for indemnity.

    Owners of animals destroyed because of brucellosis are eligible to 
receive Federal indemnity for their animals if the animals are:
    (a) Sheep and goats in a herd or flock that has been approved for 
whole herd/flock depopulation because of B. abortus or B. melitensis. A 
diagnosis of brucellosis must be made by a designated brucellosis 
epidemiologist,\2\ based on test results, herd/flock history, and/or 
culture results. Any test used for cattle and bison under the APHIS 
official brucellosis eradication program (see part 78 of this chapter) 
may be used, but test results must be interpreted by a designated 
brucellosis epidemiologist;
---------------------------------------------------------------------------

    \2\ Requirements for designated brucellosis epidemiologists are 
contained in Veterinary Services Memorandum No. 551.10. A copy of 
this memorandum may be obtained from an APHIS representative, the 
State Animal Health Official, or a State representative.
---------------------------------------------------------------------------

    (b) Sheep and goats that were obtained from a herd or flock that 
was subsequently found to be affected with B. abortus or B. melitensis. 
Epidemiological information such as test results, herd/flock history, 
and related evidence will be used to establish a probable date when the 
herd or flock was first affected with brucellosis. Animals removed from 
the herd or flock after that date will be considered exposed to the 
disease and eligible for indemnity; those removed before that date will 
not;
    (c) Individual horses diagnosed with brucellosis. A diagnosis must 
be made by a designated brucellosis epidemiologist, based on 
epidemiological information or culture results, or positive results for 
brucellosis in accordance with one of the following tests:

------------------------------------------------------------------------
                  Test                           Positive results
------------------------------------------------------------------------
Standard plate test (SPT)..............  If antibody titer positive at
                                          1:100 dilution or higher
Standard tube test (STT)...............  If antibody titer positive at
                                          1:100 dilution or higher
Rivanol test...........................  If antibody titer positive at
                                          1:50 dilution or higher
Particle concentration fluorescence      If reading is 0.3 or lower
 immunoassay (PCFIA).
Complement fixation test (CF)..........  If reading is 2+:20 dilution
------------------------------------------------------------------------

Sec. 51.24  Maximum per-head indemnity amounts.

    Owners of the types of animals listed in Sec. 51.22 of this subpart 
are eligible to receive Federal indemnity for their animals. All 
animals must be individually appraised to determine their fair market 
value. The indemnity amount will be the appraised value minus the 
salvage value of the animal, up to a maximum of $20,000 per animal in 
the case of horses. An independent appraiser selected by the 
Administrator will conduct appraisals. APHIS will pay the cost of 
appraisals.


Sec. 51.25  Proof of destruction.

    The Veterinarian in Charge will accept any of the following 
documents as proof of destruction:
    (a) A postmortem report;
    (b) A meat inspection certification of slaughter;
    (c) A written statement by a State representative, APHIS 
representative, or accredited veterinarian attesting to the destruction 
of the animals;
    (d) A written, sworn statement by the owner or caretaker of the 
animal attesting to the destruction of the animals;
    (e) A permit (VS Form 1-27) consigning the animal from a farm or 
livestock market directly to a slaughter establishment; or
    (f) In unique situations where none of the documents listed above 
are available, other similarly reliable forms of proof of destruction.


Sec. 51.26  Record of tests.

    An APHIS representative, State representative, or accredited 
veterinarian will compile, on an APHIS-approved form, a complete test 
record for each animal. The claimant must provide any information 
necessary to complete the form. The test record must include the type 
of test and the test results for each animal. It must also include the 
individual identification of each tested animal. Any unique 
identification is acceptable. The animal's owner and the appropriate 
State veterinarian's office will each receive a copy of the test 
record.


Sec. 51.27  Identification of goats, sheep, and horses to be destroyed.

    The claimant must ensure that any goats, sheep, and horses for 
which indemnity is claimed are marked with unique, individually 
numbered identification showing they are to be destroyed. This must be 
done within 15 days after the animals are condemned. The Veterinarian 
in Charge may extend the time limit to 30 days when the Veterinarian in 
Charge receives a request for extension prior to the expiration date of 
the original 15-day period, and when the Veterinarian in Charge 
determines that the extension will not adversely affect the brucellosis 
eradication program. However, the Administrator may extend the time 
limit beyond 30 days when unusual or

[[Page 47599]]

unforeseen circumstances occur that prevent or hinder the 
identification of the animal within 30 days, such as, but not limited 
to, floods, storms, or other Acts of God, which are beyond the control 
of the owner, or when identification is delayed due to requirements of 
another Federal agency.


Sec. 51.28  Moving goats, sheep, and horses to be destroyed.

    Goats, sheep, and horses to be destroyed because of brucellosis 
must be accompanied by a permit and either:
    (a) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (b) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit.


Sec. 51.29  Destruction of animals; time limit.

    (a) The claimant must ensure that goats, sheep, and horses infected 
with or exposed to B. abortus are either:
    (1) Sold under permit to a recognized slaughtering establishment;
    (2) Moved to an approved stockyard for sale to a recognized 
slaughtering establishment; or
    (3) Destroyed and buried, incinerated, or rendered in accordance 
with applicable State law.
    (b) The claimant must ensure that goats and sheep destroyed because 
of B. melitensis are destroyed and buried, incinerated, or rendered in 
accordance with applicable State law.
    (c) Indemnity will be paid under this part only if the animals are 
destroyed within 15 days after the date they are marked with 
identification showing they are to be destroyed. However, the 
Veterinarian in Charge may extend the time limit to 30 days if:
    (1) The animals' owner asks the Veterinarian in Charge for an 
extension before the initial 15-day period expires, or the animals were 
sold for slaughter before the original 15-day period expires; and
    (2) The Veterinarian in Charge determines that extending the time 
limit will not adversely affect the Brucellosis Eradication Program.
    (d) The Administrator may extend the time limit beyond 30 days when 
unusual and unforeseen circumstances occur that prevent or hinder the 
destruction of the animals within 30 days, such as, but not limited to, 
floods, storms, or other Acts of God, which are beyond the control of 
the owner, or when destruction is delayed due to requirements of 
another Federal agency.


Sec. 51.30  Claims for indemnity.

    (a) Claims for indemnity for goats, sheep, and horses destroyed 
because of brucellosis must be made using an indemnity claim form 
furnished by APHIS. On the form, the owner of the animals must certify 
whether the animals are subject to a mortgage. If the owner states 
there is a mortgage, the claim form must be signed by the owner and by 
each mortgage holder, consenting to the payment of any indemnity 
allowed to the owner. Payment will be made only if the claimant has 
submitted a complete indemnity claim form to the Veterinarian in Charge 
and the claim has been approved by the Veterinarian in Charge or by an 
APHIS representative designated by him or her. The Veterinarian in 
Charge or an APHIS representative designated by the Veterinarian in 
Charge will record on the APHIS indemnity claim form the amount of 
Federal and State indemnity payments that appear to be due to the owner 
of the animals. The owner of the animals will receive a copy of the 
completed APHIS indemnity claim form. The owner is responsible for 
paying all fees for holding the animals on the farm pending disposal 
and for all trucking fees.
    (b) Claims for indemnity for registered sheep and registered goats 
must be accompanied by the animal's registration papers, issued in the 
name of the owner. If the registration papers are unavailable or if the 
animal is less than 1 year old and not registered at the time the claim 
for indemnity is submitted, the Veterinarian in Charge may grant a 60-
day extension or the Administrator may grant an extension longer than 
60 days for the presentation of registration papers. Any animal that is 
not registered but is eligible for registration at the time the claim 
is submitted will be considered unregistered unless the animal has been 
in the flock for less than 12 months.


Sec. 51.31  Disinfecting premises, conveyances, and materials.

    All premises, including all structures, holding facilities, 
conveyances, and materials contaminated because they have been used by 
animals destroyed because of brucellosis, must be properly cleaned and 
disinfected in accordance with recommendations of the APHIS or State 
representative. Cleaning and disinfecting must be completed within 15 
days from the date the animals were removed from the premises, except 
that the Veterinarian in Charge may extend the time limit for 
disinfection to 30 days when he or she receives a request prior the 
expiration date of the original 15 days, and when the Veterinarian in 
Charge determines that an extension will not adversely affect the 
Brucellosis Eradication Program. The Administrator may extend the time 
limit beyond 30 days when unusual and unforeseen circumstances occur 
that prevent or hinder disinfection of the premises, conveyances, and 
materials within 30 days, such as, but not limited to floods, storms, 
or other Acts of God, which are beyond the control of the owner. A 
premises may be exempted from such cleaning and disinfecting 
requirements if the APHIS or State representative recommends it in 
writing and the Veterinarian in Charge approves.


Sec. 51.32  Claims not allowed.

    Claims for indemnity for goats, sheep, and horses destroyed because 
of brucellosis will not be allowed if any of the following 
circumstances exist:
    (a) The claimant has failed to comply with any of the requirements 
of this part;
    (b) The claim is based on a brucellosis test, and the person who 
administered the test was not properly trained, authorized, or 
certified at the time of the test;
    (c) Testing of goats, sheep, and horses in the herd or flock for 
brucellosis was not done under APHIS or State supervision, or by an 
accredited veterinarian;
    (d) There is substantial evidence that the claim is an unlawful or 
improper attempt to obtain indemnity; or
    (e) If, at the time of test or condemnation, the animals belonged 
to or were upon the premises of any person to whom they had been sold 
for slaughter, shipped for slaughter, or delivered for slaughter.


Sec. 51.33  Multiple indemnity payments.

    APHIS has indemnity programs for several other livestock diseases. 
However, if a claim is paid for indemnity for animals destroyed because 
of brucellosis, no other claims for indemnity will be paid for the same 
animals.

    Done in Washington, DC, this 6th day of September 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-22981 Filed 9-12-01; 8:45 am]
BILLING CODE 3410-34-U