[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Rules and Regulations]
[Pages 9747-9749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4599]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 01-015-1]


Brucellosis in Cattle; State and Area Classifications; Missouri

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

DATES: This interim rule was effective February 26, 2004. We will 
consider all comments that we receive on or before May 3, 2004.

ADDRESSES: You may submit comments by any of the following methods:
    [sbull] Postal Mail/Commercial Delivery: Please send four copies of 
your comment (an original and three copies) to Docket No. 01-015-1, 
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. 01-015-1.
    [sbull] 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. 01-015-1'' on the subject line.
    [sbull] Agency Web Site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: 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.

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    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Debra A. Donch, Senior Staff 
Veterinarian, 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 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, Missouri 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 Missouri was 
depopulated in October 2002. Since then, no brucellosis-affected herds 
have been detected.
    After reviewing the brucellosis program records for Missouri, we 
have concluded that this State meets the standards for Class Free 
status. Therefore, we are removing Missouri 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 Missouri.

Immediate Action

    Immediate action is warranted to remove unnecessary restrictions on 
the interstate movement of cattle from Missouri. 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 action 
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.
    Cattle moved interstate are moved for slaughter, for use as 
breeding stock, or for feeding. Changing the brucellosis status of 
Missouri 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 Missouri, 
as well as buyers and importers of cattle from this State.
    There are an estimated 61,500 cattle operations in Missouri that 
may 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 owners of cattle 
operations approximately $3 to $4 per head.
    Therefore, we believe that changing the brucellosis status of 
Missouri 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

[[Page 9749]]

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.

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

PART 78--BRUCELLOSIS

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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]

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

    Done in Washington, DC, this 26th day of February 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-4599 Filed 3-1-04; 8:45 am]
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