[Federal Register Volume 67, Number 80 (Thursday, April 25, 2002)]
[Proposed Rules]
[Pages 20460-20461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10110]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 80 / Thursday, April 25, 2002 / 
Proposed Rules  

[[Page 20460]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 01-095-1]


Brucellosis: Testing of Rodeo Bulls

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the brucellosis regulations by 
eliminating the annual brucellosis testing requirement for rodeo bulls 
moving interstate between brucellosis Class Free States. Since other 
cattle moving between Class Free States are not required to be tested 
for brucellosis, this requirement for rodeo bulls moving between such 
States is more restrictive than the requirements for other test-
eligible cattle. This action would update our brucellosis regulations 
by making the requirements for moving rodeo bulls more consistent with 
those for moving other test-eligible cattle between Class Free States.

DATES: We will consider all comments we receive that are postmarked, 
delivered, or e-mailed by June 24, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-095-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-095-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-095-1'' on the subject line.
    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) 734-6954.

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, subpart B 
(referred to below as the regulations) restrict the interstate movement 
of cattle in order to prevent the spread of brucellosis.
    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 State's brucellosis 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 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 or reclassification 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.
    Currently, the regulations at Sec. 78.14 require rodeo bulls moving 
interstate to be tested for brucellosis once every 365 days. However, 
the regulations in Sec. 78.14 do not take into account the 
classification of the States from which or into which the rodeo bulls 
are being moved.
    Since cattle being moved from a Class Free State are not required 
to be tested for brucellosis, this requirement for rodeo bulls moving 
between such States is more restrictive than the requirements for other 
test-eligible cattle. The annual testing requirement for all rodeo 
bulls was considered necessary at the time the current regulations were 
established because brucellosis was more prevalent in the United States 
at that time than it is now. Rodeo bulls, owing to the peripatetic 
nature of the rodeo industry, move between States more frequently than 
do other cattle and thus were more likely to be shipped to or from 
Class A, B, or C States at a time when more States held those 
classifications. In recent years, however, the number of Class Free 
States has increased to the point where 48 of the 50 States now qualify 
as brucellosis Class Free, greatly reducing the risk of brucellosis 
transmission via interstate movement of rodeo bulls. Therefore, we 
propose to update our brucellosis regulations by eliminating the annual 
testing requirement for rodeo bulls moving between Class Free States, 
while retaining the testing requirement for rodeo bulls that are moved 
interstate into or from States that are not Class Free. This proposed 
change would make the requirements for moving rodeo bulls more 
consistent with the requirements for moving other test-eligible cattle 
between Class Free States.

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.
    This proposed rule would amend the brucellosis regulations in 
Sec. 78.14 by eliminating the annual brucellosis testing requirement 
for rodeo bulls moving interstate in cases where the bulls are being 
moved only between brucellosis Class Free States.
    This proposed rule would primarily affect stock contractors who 
raise and supply bulls for rodeo events. More specifically, this rule 
would affect stock contractors who are located in States other than 
Texas and Missouri--the only two States not currently classified

[[Page 20461]]

as Class Free States--and who do not move their bulls interstate to 
Texas and Missouri. The number of stock contractors who fall into this 
category, as well as the total number stock contractors nationally, is 
unknown.
    Those stock contractors who move their bulls interstate only 
between Class Free States would realize a cost savings of about $25 to 
$30 per animal per year (i.e., the cost of a brucellosis test and 
associated veterinary fees). Thus, a stock contractor with 20 bulls 
would see a savings of about $500 to $600 per year in testing expenses.
    While stock contractors are not specifically categorized in the 
Small Business Administration's (SBA) table of small business size 
standards, they could be considered under either Subsector 112 of that 
table (Animal Production), which has a small entity threshold of 
$750,000, or Subsector 711 (Performing Arts, Spectator Sports and 
Related Industries), which has a small entity threshold of $6 million 
in annual sales. According to the National Agricultural Statistics 
Service, over 99 percent of all operations raising cattle and calves 
($750,000 threshold) are small entities, while large operations account 
for less than 1 percent. Therefore, it is likely that most, if not all, 
stock contractors would be considered small entities under SBA size 
standards.
    Given that the potential savings per animal in foregone testing 
costs ($25 to $30) can be expected to make up only a small percentage 
of the total expenses associated with maintaining a rodeo bull (e.g., 
feed and routine veterinary care), the potential economic impact of 
this proposed rule is expected to be small.
    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

    This proposed 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 propose to amend 9 CFR part 78 as follows:

PART 78--BRUCELLOSIS

    1. The authority citation for part 78 continue 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.

    2. Section 78.14 would be amended by revising paragraph (a)(1) to 
read as follows:


Sec. 78.14  Rodeo bulls.

    (a) * * *
    (1) The bull is classified as brucellosis negative based upon an 
official test conducted less than 365 days before the date of 
interstate movement: Provided, however, That the official test is not 
required for a bull that is moved only between Class Free States;
* * * * *

    Done in Washington, DC, this 17th day of April, 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-10110 Filed 4-24-02; 8:45 am]
BILLING CODE 3410-34-P