[Federal Register Volume 67, Number 226 (Friday, November 22, 2002)]
[Rules and Regulations]
[Pages 70309-70310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29753]



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  Federal Register / Vol. 67, No. 226 / Friday, November 22, 2002 / 
Rules and Regulations  

[[Page 70309]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 01-095-2]


Brucellosis: Testing of Rodeo Bulls

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the brucellosis regulations by eliminating the 
annual brucellosis testing requirement for rodeo bulls moving 
interstate between brucellosis Class Free States. This action is based 
on our determination that the testing requirement for rodeo bulls 
moving between such States is more restrictive than the requirements 
for other test-eligible cattle, given that other cattle moving between 
Class Free States are not required to be tested for brucellosis. This 
action updates 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.

EFFECTIVE DATE: November 22, 2002.

FOR FURTHER INFORMATION CONTACT: Dr. Debra Cox, Staff Veterinarian, 
National Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, 
Riverdale, MD 20737-1231; (301) 734-6954.

SUPPLEMENTARY INFORMATION: 

Background

    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. Brucellosis is 
a contagious disease affecting animals and humans, caused by bacteria 
of the genus Brucella.
    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 regulations in Sec.  78.14 have required rodeo bulls moving 
interstate to be tested for brucellosis once every 365 days. Since 
other test-eligible 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.
    On April 25, 2002, we published in the Federal Register (67 FR 
20460-20461, Docket No. 01-095-1) a proposal to amend the brucellosis 
regulations by eliminating the annual brucellosis testing requirement 
for rodeo bulls moving interstate between brucellosis Class Free 
States. The proposal was intended to 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.
    We solicited comments concerning our proposal for 60 days ending 
June 24, 2002. We received seven comments by that date. They were from 
industry and State government representatives, a representative of a 
rodeo cowboys' association, and members of the general public. Six of 
the seven commenters wrote in favor of the proposed rule.
    The remaining commenter stated that he favored continuing the 
practice of having rodeo bulls tested for brucellosis when traveling 
interstate, but did not provide any information other than that 
statement.
    We would point out that we are not eliminating the brucellosis 
testing requirement entirely. It will remain in effect for rodeo bulls 
moved between States that are not brucellosis Class Free. Secondly, as 
noted in our proposal, with 48 of the 50 States now classified as 
brucellosis Class Free, the risk of brucellosis transmission via 
interstate movement of rodeo bulls has been greatly reduced. Having 
more restrictive requirements for rodeo bulls than for other test-
eligible cattle no longer appears necessary. Therefore, we are not 
making any changes in response to this comment
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.
    In this rule, we are also updating the authority citation for 9 CFR 
part 78 to reflect the enactment of the Animal Health Protection Act (7 
U.S.C. 8301 et seq.).

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    This rule eliminates the annual brucellosis testing requirement for 
rodeo bulls moving interstate between brucellosis Class Free States and 
relieves stock contractors who raise and supply bulls for rodeo events 
of the financial burden associated with the testing. Therefore, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this rule should be effective upon publication in the 
Federal Register.

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.
    This rule amends 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 rule primarily affects stock contractors who raise and supply 
bulls for rodeo events. More specifically, this rule affects stock 
contractors who are located in States other than Texas and Missouri--
the only two States not currently classified 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 of stock contractors nationally, is unknown.

[[Page 70310]]

    Those stock contractors who move their bulls interstate only 
between Class Free States will 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 
will 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 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 economic impact of this rule is expected 
to be small.
    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 final 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 final 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 is revised to read as 
follows:

    Authority: 7 U.S.C. 8303-8306, 8308, 8310, 8313, and 8315; 7 CFR 
2.22, 2.80, and 371.4.


    2. Section 78.14 is 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 19th day of November 2002 .
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-29753 Filed 11-21-02; 8:45 am]
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