[Federal Register Volume 69, Number 34 (Friday, February 20, 2004)]
[Rules and Regulations]
[Pages 7863-7864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3723]



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  Federal Register / Vol. 69, No. 34 / Friday, February 20, 2004 / 
Rules and Regulations  

[[Page 7863]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 04-009-1]


Brucellosis in Cattle; State and Area Classifications; Wyoming

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 
interstate movement of cattle by changing the classification of Wyoming 
from Class Free to Class A. We have determined that Wyoming no longer 
meets the standards for Class Free status. This action is necessary to 
prevent the interstate spread of brucellosis.

DATES: This interim rule was effective February 13, 2004. We will 
consider all comments that we receive on or before April 20, 2004.

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. 04-009-1, 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. 04-009-1. 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. 
04-009-1'' 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. Debra Donch, National Brucellosis 
Epidemiologist, National Center for 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 (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 B and Class A 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 percent of all brucellosis 
reactors 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.
    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 described in paragraph (b)(4) of the definition of Class 
Free State or area in Sec.  78.1. 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 identification of the infected 
animal:
    1. The affected herd must be immediately quarantined, tested for 
brucellosis, and depopulated; and
    2. 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.
    After the close of the 60-day period following the identification 
of the infected animal, APHIS will conduct a review to confirm that the 
requirements have been satisfied and that the State is in compliance 
with all other applicable provisions.
    Prior to the effective date of this interim rule, Wyoming was 
classified as

[[Page 7864]]

a Class Free State. On December 29, 2003, we confirmed the discovery of 
a brucellosis-affected herd in Wyoming. In accordance with Sec.  78.1, 
the State took immediate measures to maintain its Class Free status. 
However, on January 21, 2004, another brucellosis-affected herd was 
confirmed. With the discovery of the second affected herd, Wyoming no 
longer meets the standards for Class Free status. Therefore, we are 
removing Wyoming from the list of Class Free States or areas in Sec.  
78.41(a) and adding it to the list of Class A States or areas in Sec.  
78.41(b).
    To attain and maintain Class A status, a State or area must (1) not 
exceed a cattle herd infection rate, due to field strain Brucella 
abortus, of 0.25 percent or 2.5 herds per 1,000 based on the number of 
reactors found within the State during any 12 consecutive months, 
except in States with 10,000 or fewer herds; (2) trace to the farm of 
origin at least 90 percent of all brucellosis reactors found in the 
course of MCI testing; (3) successfully close at least 95 percent of 
the MCI reactor cases traced to the farm of origin during the 12 
consecutive month period immediately prior to the most recent 
anniversary of the date the State or area was classified Class A; and 
(4) have a specified surveillance system, as described above, including 
an approved individual herd plan in effect within 15 days of locating a 
source herd or recipient herd. After reviewing the brucellosis program 
records for Wyoming, we have concluded that this State meets the 
standards for Class A status.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
interstate spread of brucellosis. Under these circumstances, the 
Administrator has determined that prior notice and 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 we receive during the comment period for 
this interim rule (see DATES above). 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.

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 under 
Executive Order 12866.
    This rule amends the brucellosis regulations concerning interstate 
movement of cattle by changing the classification of Wyoming from Class 
Free to Class A. We have determined that Wyoming no longer meets the 
standards for Class Free status. This action is necessary to prevent 
the spread of brucellosis in the United States.
    Cattle moved interstate are moved for slaughter, for use as 
breeding stock, or for feeding. Changing the brucellosis status of 
Wyoming from Class Free to Class A increases testing requirements 
governing the interstate movement of cattle. However, 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 likewise not 
affected by this change.
    The groups affected by this action will be herd owners in Wyoming, 
as well as buyers and importers of cattle from this State.
    There were approximately 6,200 operations in Wyoming with a total 
inventory of 1.47 million head of cattle as of January 1, 2002. Of that 
inventory, 70 percent were breeding animals and the rest were composed 
of animals in feedlots and other animals not intended for breeding. 
Industry statistics indicate the average value per head of cattle in 
Wyoming is $780, with a reported cash value totaling over $1.14 
billion. Of the 6,200 cattle and bison operations in Wyoming, more than 
90 percent are small businesses. The downgrade from Class Free to Class 
A status will result in movement restrictions where none previously 
existed. Specifically, all bovine animals to be moved interstate, 
except those moving directly to slaughter or to quarantined feedlots 
and those from certified brucellosis-free herds, must test negative to 
a brucellosis test prior to interstate movement.
    The estimated cost for brucellosis testing, which includes 
veterinary fees and handling expenses, is between $7.50 and $15 per 
test. Considering the average value per animal in Wyoming was $780 in 
2002, even using the high-end estimate of $15 per test, testing costs 
would represent only 2 percent of the per head value. Of course, the 
interim rule will have a greater economic effect on herd owners who are 
more involved in interstate movement. It is estimated that 10 percent 
of cattle and calves in Wyoming move interstate. While this change in 
status will result in more restrictive requirements for interstate 
movement, the benefits of preventing the spread of brucellosis to other 
parts of the United States far outweigh the costs imposed.
    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 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 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.


0
Accordingly, we are amending 9 CFR part 78 as follows:

PART 78--BRUCELLOSIS

0
1. The authority citation for part 78 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  78.41  [Amended]

0
2. Section 78.41 is amended as follows:
0
a. In paragraph (a), by adding the word ``and'' before the word 
``Wisconsin'' and by removing the words ``, and Wyoming''.
0
b. In paragraph (b), by removing the word ``and'' before the word 
``Texas'' and adding a comma in its place, and by adding the words ``, 
and Wyoming'' following the word ``Texas''.

    Done in Washington, DC, this 13th day of February 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-3723 Filed 2-19-04; 8:45 am]
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