[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Rules and Regulations]
[Page 40763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15333]



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  Federal Register / Vol. 69, No. 129 / Wednesday, July 7, 2004 / Rules 
and Regulations  

[[Page 40763]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 04-009-2]


Brucellosis in Cattle; State and Area Classifications; Wyoming

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the brucellosis regulations concerning the interstate 
movement of cattle by changing the classification of Wyoming from Class 
Free to Class A. We determined that Wyoming no longer met the standards 
for Class Free status. The action was necessary to prevent the 
interstate spread of brucellosis.

EFFECTIVE DATE: The interim rule became effective on February 13, 2004.

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.
    In an interim rule effective February 13, 2004, and published in 
the Federal Register on February 20, 2004 (69 FR 7863-7864, Docket No. 
04-009-1), we amended the regulations in Sec.  78.41 by changing the 
classification of Wyoming from Class Free to Class A. The action was 
necessary to prevent the interstate spread of brucellosis.
    Comments on the interim rule were required to be received on or 
before April 20, 2004. We received three comments by that date. The 
comments were from private citizens and a cattle producer. The comments 
are discussed below.
    Two commenters stated that our current system for controlling the 
spread of brucellosis is ineffective because it does not address the 
greater threat posed by Wyoming's infected wildlife. One commenter 
added that the brucellosis infected wildlife is in the Greater 
Yellowstone Area (GYA) and stated that a brucellosis control program in 
Wyoming should be based on the livestock's proximity to the GYA. The 
commenter proposed certain changes to our program, including stricter 
surveillance for cattle within a certain vicinity of GYA wildlife 
during elk and bison calving season, brucellosis testing based on 
proximity to the GYA, and focusing on early intervention for these 
cattle herds.
    We acknowledge that infected wild elk and bison populations in the 
GYA may be a source of brucellosis transmission to Wyoming's cattle. 
Transmission of brucellosis from wild elk to cattle occurred in Wyoming 
in 2003 and Idaho in 2002. The Brucellosis Coordination Team appointed 
by the Governor of Wyoming and organizations like the Greater 
Yellowstone Interagency Brucellosis Committee are working to find ways 
to address the brucellosis situation in the GYA. APHIS' brucellosis 
program is designed so that it can be applied to all States, while 
leaving States some latitude to assess their own risks and implement 
additional regulations appropriate to individual needs. Furthermore, 
implementing a new program, as the commenter suggests, would require a 
separate action and cannot be done in this final rule.
    The third commenter stated that all interstate movement of cattle 
should be prohibited. We do not believe that such an extreme step is 
warranted or necessary to prevent the spread of brucellosis in the 
United States.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Order 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

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.)

List of Subjects in 9 CFR Part 78

    Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and 
recordkeeping requirements, Transportation.

PART 78--BRUCELLOSIS

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 78 and that was published at 69 FR 
7863-7864 on February 20, 2004.

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

    Done in Washington, DC, this 30th day of June 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-15333 Filed 7-6-04; 8:45 am]
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