[Federal Register Volume 69, Number 133 (Tuesday, July 13, 2004)]
[Rules and Regulations]
[Pages 41909-41915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15804]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 51

[Docket No. 00-002-2]
RIN 0579-AB42


Brucellosis in Sheep, Goats, and Horses; Payment of Indemnity

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the brucellosis indemnity regulations to allow 
us to pay indemnity for sheep, goats, and horses destroyed because of 
brucellosis. This action makes it easier to eliminate affected herds/
flocks and infected animals as sources of infection by encouraging herd 
and flock owners to cooperate with our brucellosis eradication program. 
This action is intended to help reduce the incidence of brucellosis and 
the likelihood of it spreading within the United States.

DATES: Effective Date: August 12, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Debra A. Donch, 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 caused by bacteria of the genus 
Brucella. It affects both animals and humans. In its principal animal 
hosts, it causes loss of young through spontaneous abortion or birth of 
weak offspring, reduced milk production, and infertility. There is no 
economically feasible treatment for brucellosis in livestock.
    Brucellosis is mainly a disease of cattle, bison, and swine. 
Brucella abortus affects mainly bovines; B. suis affects mainly swine. 
Goats, sheep, and horses are also susceptible to B. abortus. In horses, 
the disease is known as fistulous withers. A third strain of Brucella, 
B. melitensis, affects mainly goats and sheep.
    The continued presence of brucellosis in a herd or flock seriously 
threatens the health of other animals. To prevent any

[[Page 41910]]

possible spread of infection, we ask livestock owners to promptly 
destroy all infected and exposed animals. To encourage them, we pay 
Federal indemnity for certain cattle, bison, and swine destroyed 
because of brucellosis. Regulations governing indemnity for cattle, 
bison, and swine are contained in 9 CFR part 51.
    On September 13, 2001, we published in the Federal Register (66 FR 
47593-47599, Docket No. 00-002-1) a proposal to amend the regulations 
in 9 CFR part 51 by creating an indemnity program for sheep, goats, and 
horses that must be destroyed because of brucellosis. These proposed 
regulations were modeled on our existing indemnity regulations for 
cattle and bison, making adjustments as necessary to better address 
brucellosis in sheep, goats, and horses. Like the cattle and bison 
program, the proposed indemnity program for sheep, goats, and horses 
was voluntary and was designed to give producers an incentive to 
cooperate and assist our ongoing program to eradicate brucellosis in 
the United States. We also proposed to reorganize and rewrite the 
requirements to make them easier to understand.
    We solicited comments concerning our proposal for 60 days ending 
November 13, 2001. We received 2 comments by that date, from a national 
agricultural organization and a State agricultural organization. Both 
comments were generally supportive of the proposed rule. However, the 
commenters recommended that, instead of requiring that the appraisal be 
made by an independent appraiser selected by the Animal and Plant 
Health Inspection Service (APHIS), we consider allowing producers to 
provide evidence from a separate appraisal and having an unbiased third 
party make the final decision.
    The position of the Department has consistently been that APHIS 
cannot delegate the final decision of an appraisal to a third party. 
Producers are free to offer evidence of value that may differ from the 
independent appraisal, but APHIS will make the final decision. If a 
producer believes that the valuation determined by the independent 
appraiser selected by APHIS is inaccurate, the producer can maintain 
the herd under quarantine rather than participate in the program to 
receive indemnity for destruction of infected animals. We are making no 
changes in response to these comments.
    However, we are making minor changes to the proposed regulations in 
this final rule. Section 51.26 of the proposed rule stated that the 
test records for animals must include individual identification, with 
``any unique identification'' being acceptable. We are changing this 
phrase to read ``any unique, individually numbered identification.'' 
This will ensure that the form of identification used will allow the 
test record to refer to one specific animal and will make the 
regulations in Sec.  51.26 consistent with the regulations in Sec.  
51.27, which use the phrase ``unique, individually numbered 
identification'' to refer to the same required identification.
    In addition, the proposed definition of brucellosis reactor animal 
did not clearly state what criteria a sheep, goat, or horse had to meet 
to be classified as a brucellosis reactor animal under proposed 9 CFR 
part 51, Subpart B; instead, the definition referred readers to 
proposed Sec.  51.23, ``Eligibility for indemnity,'' for the criteria. 
In this final rule, we have moved the criteria a sheep, goat, or horse 
must meet to be classified as a brucellosis reactor animal into the 
definition of brucellosis reactor animal, while retaining the 
information about eligibility for indemnity in Sec.  51.23.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
changes discussed above.

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.
    Brucellosis is a contagious, costly disease of livestock. It 
affects mainly ruminants and swine. However, it may also infect other 
animals, including horses. In addition, it is contagious to humans. 
Because of the serious consequences of infection in its animal hosts, 
which include loss of young through abortion or birth of weak 
offspring, reduced milk production, infertility, weight loss, and 
lameness, and its rapid spread among animals and potential for human 
infection, brucellosis is considered one of the most serious livestock 
diseases. At present, there is no effective treatment for animals. 
Affected herds/flocks and infected animals can be quarantined. However, 
quarantining does not eliminate possible spread; only destroying 
infected and exposed animals ensures that the disease is not 
transmitted to other animals.
    We are amending the brucellosis indemnity regulations to allow us 
to pay indemnity for sheep, goats, and horses destroyed because of 
brucellosis, which will make it easier to eliminate affected herds/
flocks and infected animals as sources of infection and will encourage 
herd and flock owners to cooperate with our brucellosis eradication 
program. This action is intended to help reduce the incidence of 
brucellosis and the likelihood of it spreading within the United 
States.

Sheep and Goats--Operations, Inventory, and Trade

    Sheep are raised primarily for meat and wool, while goats are 
largely raised for meat, milk, and mohair. On January 1, 2002, there 
were 65,120 sheep operations in the United States that owned a total of 
6.69 million head of sheep, with 4.91 million as breeding sheep and 
1.77 million as market sheep.\1\ According to industry statistics, the 
average value per head of sheep is $92.00, with a reported cash value 
totaling over $618 million.\2\
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    \1\ USDA, Sheep and Goats. Washington, DC: National Agricultural 
Statistics Services (NASS), February 2002.
    \2\ USDA, Agricultural Statistics 2002. Washington, DC: NASS, 
2002.
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    Unfortunately, limited data is collected on the goat industry as a 
whole. The 1997 Census of Agriculture, the last official report with 
data on the industry, estimated there were 57,925 goat operations with 
an inventory of approximately 1.99 million head of goat. Of that 1.99 
million head, it is estimated 41 percent were angora goats raised for 
mohair, 7 percent were goats raised for milk, and 52 percent were goats 
raised for meat and other uses. In 1997, sales receipts for those 
primary markets in the goat industry totaled over $65 million.\3\
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    \3\ USDA, 1997 Census of Agriculture, Table 40. Washington, DC: 
NASS.
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    The United States has limited foreign trade in live sheep, live 
goats, and their products. Figures for 2002 are shown in table 1.

[[Page 41911]]



                               Table 1.--Sheep and Goat Imports and Exports, 2002
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                                                                    Imports                     Exports
                                                         -------------------------------------------------------
                          Item                                          Value  (in                  Value  (in
                                                            Number      millions)       Number      millions)
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Sheep...................................................     72,055            $6.16    197,900            $9.92
Goats...................................................      3,683             0.35      5,580             0.39
                                                         ------------
    Total...............................................     75,738             6.51    203,480           10.31
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Source: World Trade Atlas, June 2003.

    The United States also imports and exports sheep and goat meat. 
During 2002, U.S. imports of sheep and goat meat were valued at $277.5 
million and exports were valued at $6.38 million.\4\
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    \4\ USDA, FAS Trade Statistics. Washington, DC: Foreign 
Agricultural Service, 2003.
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Horses--Operations, Inventory, and Trade

    According to the 1997 Census of Agriculture, there were 375,218 
farms in the United States with a total of 2,427,277 horses. During 
1997, 79,516 of these farms sold 325,306 horses for about $1.03 
billion, with an average value per horse of $3,165.\5\ Using this 
average value, the total market value of horses in the United States 
was $10.847 billion in 1997. Over 98 percent of farms with horses had 
gross annual sales of less than $750,000 and thus are considered to be 
small entities according to the Small Business Administration size 
standards.\6\
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    \5\ USDA, 1997 Census of Agriculture, Washington, DC: NASS, 
1997.
    \6\ Horse farms with less than $0.75 million in annual sales are 
classified as small entities according to the SBA size standards for 
animal production (13 CFR part 121). According to the 1997 Census of 
Agriculture, an average farm had 6.5 horses, while according to the 
American Horse Council, 1.9 million people owned 6.9 million horses, 
yielding an average of 3.6 horses per owner.
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    The contribution of horses to the economy of the Nation is 
substantial. A study for the American Horse Council showed that the 
horse industry directly contributed about $25.3 billion to the gross 
domestic product. The horse industry's indirect and induced impact on 
the national economy is about $112 billion.
    Horses also play an important role in the international trade of 
the United States. Figures for 2002 are shown in table 2.

                                    Table 2.--Horse Imports and Exports, 2002
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                                                                    Imports                     Exports
                                                         -------------------------------------------------------
                         Animals                                        Value  (in                  Value  (in
                                                            Number      millions)       Number      millions)
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Purebred................................................        982            $9.79      6,124           $37.50
Nonpurebred.............................................     14,565            75.29     20,825            24.23
                                                         ------------
    Total...............................................     15,547            85.08     26,949           61.73
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Source: World Trade Atlas, June 2003.

Amount of Indemnity

    Under this rule, the amount of indemnity will be the fair market 
value of each animal, minus salvage, if any, received for the animal. 
There will usually be no salvage value for sheep and goats destroyed 
because of B. melitensis, as the carcass would have to be buried, 
incinerated, or rendered after the animal was destroyed. Animals will 
have to be individually appraised before destruction to determine their 
fair market value. An independent appraiser selected by the 
Administrator and paid for by the United States Department of 
Agriculture will conduct all appraisals.
    It is impossible to estimate indemnity expenditures, as market 
values vary depending upon the specific animal. However, as of January 
1, 2002, the average national sales price per head of sheep was $94, 
while as of January 1, 2001, it was $100. These prices reflect the 
average of the sale of millions of slaughter sheep, and the sale of a 
few thousand registered breeding sheep.\7\
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    \7\ The average price for registered breeding sheep is in the 
range of $300, with some selling for thousands of dollars.
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    Average sales prices for goats, per head, vary greatly, depending 
on whether the animal is a slaughter goat, Angora goat, dairy goat, 
crossbred or purebred, etc.
    There is much variation in the price of horses. In 1997, the 
average U.S. sales price for a horse was $3,165. Purebred horses are 
more expensive than nonpurebred. State average sales prices ranged 
between $794 and $18,795, with a median price of about $1,860 per 
horse. The median indicates that the average market value of a horse 
was above $1,860 per head in 50 percent of States and below $1,860 per 
head in 50 percent of States.
    At this time, there are no goats, sheep, or horses in the United 
States known to be infected with B. abortus or B. melitensis. We 
estimate that fewer than a dozen herds, flocks, or individual animals 
will be eligible for indemnity under this rule prior to the eradication 
of brucellosis from the United States.
    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.)

[[Page 41912]]

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

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0185.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 9 CFR Part 51

    Animal diseases, Cattle, Goats, Hogs, Horses, Indemnity payments, 
Reporting and recordkeeping requirements, Sheep.

0
Accordingly, we are amending 9 CFR part 51 as follows:

PART 51--ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

0
1. The authority citation for part 51 continues to read as follows:

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

Sec. Sec.  51.1 through 51.10  [Designated as subpart A]

0
2. Sections 51.1 through 51.10 are designated as Subpart A--Indemnity 
for Cattle, Bison, and Swine.


Sec.  51.1  [Amended]

0
3. In Sec.  51.1, in the definition of Permit, the word ``Part'' is 
removed and the word ``subpart'' added in its place.
0
4. A new Subpart B--Indemnity for Sheep, Goats, and Horses, Sec. Sec.  
51.20 through 51.33, is added to read as follows:

Subpart B--Indemnity for Sheep, Goats, and Horses

Sec.
51.20 Definitions.
51.21 Cooperation with States.
51.22 Payment to owners for goats, sheep, and horses destroyed.
51.23 Eligibility for indemnity.
51.24 Maximum per-head indemnity amounts.
51.25 Proof of destruction.
51.26 Record of tests.
51.27 Identification of goats, sheep, and horses to be destroyed.
51.28 Moving goats, sheep, and horses to be destroyed.
51.29 Destruction of animals; time limit.
51.30 Claims for indemnity.
51.31 Disinfecting premises, conveyances, and materials.
51.32 Claims not allowed.
51.33 Multiple indemnity payments.


Sec.  51.20  Definitions.

    Accredited veterinarian. A veterinarian approved by the 
Administrator in accordance with the provisions of part 161 of this 
title to perform functions specified in parts 1, 2, 3, and 11 of 
subchapter A, and subchapters B, C, and D of this chapter, and to 
perform functions required by cooperative State-Federal disease control 
and eradication programs.
    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any person authorized to act for the 
Administrator.
    Affected herd/flock. Any herd or flock in which any cattle, bison, 
breeding swine, sheep, or goat has been classified as a brucellosis 
reactor and which has not been released from quarantine.
    Animal. Sheep, goats, and horses.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    APHIS representative. An individual employed by APHIS who is 
authorized to perform the function involved.
    Appraisal. An estimate of the fair market value of an animal to be 
destroyed because of brucellosis.
    Brucellosis exposed. Except for brucellosis reactors, animals that 
are part of a herd known to be affected, or are in a quarantined 
feedlot or a quarantined pasture, or are brucellosis suspects, or that 
have been in contact with a brucellosis reactor for a period of 24 
hours or more, or for a period of less than 24 hours if the brucellosis 
reactor has aborted, calved, or farrowed within the past 30 days or has 
a vaginal or uterine discharge.
    Brucellosis reactor animal. (1) Any sheep or goat that has been 
determined by a designated brucellosis epidemiologist \1\ to be 
affected with brucellosis, based on test results, herd/flock history, 
and/or culture results. Any test used for cattle and bison under the 
APHIS official brucellosis eradication program (see part 78 of this 
chapter) may be used, but test results must be interpreted by a 
designated brucellosis epidemiologist.
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    \1\ Requirements for designated brucellosis epidemiologists are 
contained in Veterinary Services Memorandum No. 551.10. A copy of 
this memorandum may be obtained from an APHIS representative, the 
State animal health official, or a State representative.
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    (2) Any horse that has been determined by a designated brucellosis 
epidemiologist to be affected with brucellosis, based on 
epidemiological information or culture results, or positive results for 
brucellosis in accordance with one of the following tests:

------------------------------------------------------------------------
                  Test                           Positive results
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Standard plate test (SPT)..............  If antibody titer positive at
                                          1:100 dilution or higher.
Standard tube test (STT)...............  If antibody titer positive at
                                          1:100 dilution or higher.
Rivanol test...........................  If antibody titer positive at
                                          1:50 dilution or higher.
Particle concentration fluorescence      If reading is 0.3 or lower.
 immunoassay (PCFIA).
Complement fixation test (CF)..........  If reading is 2+:20 dilution.
------------------------------------------------------------------------

    (3) Any cattle, bison, or swine classified as a brucellosis reactor 
as provided in the definition of official test in Sec.  78.1 of this 
chapter.
    Condemn. The determination made by an APHIS representative, State

[[Page 41913]]

representative, or accredited veterinarian that animals for which 
indemnity is sought under this subpart will be destroyed.
    Designated brucellosis epidemiologist. An epidemiologist selected 
by the State animal health official and the Veterinarian in Charge to 
perform the functions required. The regional epidemiologist and the 
APHIS brucellosis staff must concur in the selection and appointment of 
the designated epidemiologist.
    Destroyed. Condemned under State authority and slaughtered or 
otherwise dies.
    Flock. Any group of sheep maintained on common ground for any 
purpose, or two or more groups of sheep under common ownership or 
supervision, geographically separated but which have an interchange or 
movement of animals without regard to health status.
    Herd. Any group of goats, or mixed sheep and goats, maintained on 
common ground for any purpose, or two or more groups of goats, or two 
or more groups of mixed sheep and goats, under common ownership or 
supervision, geographically separated but which have an interchange or 
movement of animals without regard to health status.
    Herd/flock depopulation. Removal by slaughter or other means of 
destruction of all sheep or goats in a flock or herd, or from a 
specific premises or under common ownership prior to restocking such 
premises with new animals.
    Mortgage. Any mortgage, lien, or interest that is recorded under 
State law or identified in the indemnity claim form filed in accordance 
with this subpart, and held by any person other than the one claiming 
indemnity.
    Official seal. A serially numbered metal strip consisting of a 
self-locking device on one end and a slot on the other end, which forms 
a loop when the ends are engaged and which cannot be reused if opened, 
and is applied by a representative of the Veterinarian in Charge or the 
State animal health official.
    Owner. Any person who has legal or rightful title to sheep, goats, 
and horses, whether or not the animals are subject to a mortgage.
    Permit. An official document for movement of animals under this 
subpart issued by an APHIS representative, State representative, or 
accredited veterinarian listing the disease status and identification 
of the animal, where consigned, cleaning and disinfecting requirements, 
and proof of slaughter certification.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company, or other legal entity.
    Registered sheep and goats. Sheep and goats for which individual 
records of ancestry are recorded and maintained by a breed association 
whose purpose is the improvement of the species, and for which 
individual registration certificates are issued and recorded by such 
breed association.
    State. Any State, the District of Columbia, Puerto Rico, the Virgin 
Islands of the United States, Guam, the Northern Mariana Islands, or 
any other territory or possession of the United States.
    State representative. An individual employed in animal health 
activities by a State or a political subdivision thereof, and who is 
authorized by such State or political subdivision to perform the 
function involved under a cooperative agreement with the United States 
Department of Agriculture.
    Veterinarian in Charge. The APHIS veterinary official who is 
assigned by the Administrator to supervise and perform the official 
animal health work of APHIS in the State or area concerned, or any 
person authorized to act for the Veterinarian in Charge.


Sec.  51.21  Cooperation with States.

    The Administrator has been delegated the authority to cooperate 
with the proper State authorities in the eradication of brucellosis and 
to pay indemnities for the destruction of brucellosis-reactor animals 
or brucellosis-exposed animals.


Sec.  51.22  Payment to owners for goats, sheep, and horses destroyed.

    (a) The Administrator may authorize the payment of Federal 
indemnity by the U.S. Department of Agriculture to any owner whose 
goats, sheep, or horses are destroyed after having been approved for 
destruction by APHIS.\1\ Goats or sheep must be destroyed as part of a 
whole herd/flock depopulation to be eligible for Federal indemnity.
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    \1\ The Administrator will authorize payment of Federal 
indemnity by the U.S. Department of Agriculture as provided in Sec.  
51.24: (a) As long as sufficient funds appropriated by Congress 
appear to be available for this purpose for the remainder of the 
fiscal year; (b) in States or areas not under Federal quarantine; 
(c) in States requesting payment of Federal indemnity; and (d) in 
States not requesting a lower rate.
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    (b) The amount of Federal indemnity will be determined in 
accordance with the regulations in this part that were in effect on the 
date infected animals were found, or the date that the whole-herd/flock 
depopulation or destruction of individual animals was approved.
    (c) Prior to payment of indemnity, proof of destruction must be 
furnished to the Veterinarian in Charge.


Sec.  51.23  Eligibility for indemnity.

    Owners of animals destroyed because of brucellosis are eligible to 
receive Federal indemnity for their animals if the animals are:
    (a) Sheep and goats in an affected herd or flock;
    (b) Sheep and goats that were obtained from a herd or flock that 
was subsequently found to be an affected herd or flock. Epidemiological 
information such as test results, herd/flock history, and related 
evidence will be used to establish a probable date when the herd or 
flock was first affected with brucellosis. Animals removed from the 
herd or flock after that date will be considered exposed to the disease 
and eligible for indemnity; those removed before that date will not;
    (c) Individual horses that have been found to be brucellosis 
reactor animals.


Sec.  51.24  Maximum per-head indemnity amounts.

    Owners of the types of animals listed in Sec.  51.22 of this 
subpart are eligible to receive Federal indemnity for their animals. 
All animals must be individually appraised to determine their fair 
market value. The indemnity amount will be the appraised value minus 
the salvage value of the animal, up to a maximum of $20,000 per animal 
in the case of horses. An independent appraiser selected by the 
Administrator will conduct appraisals. APHIS will pay the cost of 
appraisals.


Sec.  51.25  Proof of destruction.

    The Veterinarian in Charge will accept any of the following 
documents as proof of destruction:
    (a) A postmortem report;
    (b) A meat inspection certification of slaughter;
    (c) A written statement by a State representative, APHIS 
representative, or accredited veterinarian attesting to the destruction 
of the animals;
    (d) A written, sworn statement by the owner or caretaker of the 
animal attesting to the destruction of the animals;
    (e) A permit (VS Form 1-27) consigning the animal from a farm or 
livestock market directly to a slaughter establishment; or
    (f) In unique situations where none of the documents listed above 
are available, other similarly reliable forms of proof of destruction.

(Approved by the Office of Management and Budget under control 
number 0579-0185)

[[Page 41914]]

Sec.  51.26  Record of tests.

    An APHIS representative, State representative, or accredited 
veterinarian will compile, on an APHIS-approved form, a complete test 
record for each animal. The claimant must provide any information 
necessary to complete the form. The test record must include the type 
of test and the test results for each animal. It must also include the 
individual identification of each tested animal. Any unique, 
individually numbered identification is acceptable. The animal's owner 
and the appropriate State veterinarian's office will each receive a 
copy of the test record.

(Approved by the Office of Management and Budget under control 
number 0579-0185)


Sec.  51.27  Identification of goats, sheep, and horses to be 
destroyed.

    The claimant must ensure that any goats, sheep, and horses for 
which indemnity is claimed are marked with unique, individually 
numbered identification showing they are to be destroyed. This must be 
done within 15 days after the animals are condemned. The Veterinarian 
in Charge may extend the time limit to 30 days when the Veterinarian in 
Charge receives a request for extension prior to the expiration date of 
the original 15-day period, and when the Veterinarian in Charge 
determines that the extension will not adversely affect the brucellosis 
eradication program. However, the Administrator may extend the time 
limit beyond 30 days when unusual or unforeseen circumstances occur 
that prevent or hinder the identification of the animal within 30 days, 
such as, but not limited to, floods, storms, or other Acts of God, 
which are beyond the control of the owner, or when identification is 
delayed due to requirements of another Federal agency.

(Approved by the Office of Management and Budget under control 
number 0579-0185)


Sec.  51.28  Moving goats, sheep, and horses to be destroyed.

    Goats, sheep, and horses to be destroyed because of brucellosis 
must be accompanied by a permit and either:
    (a) Accompanied directly to slaughter by an APHIS or State 
representative; or
    (b) Moved in vehicles closed with official seals applied and 
removed by an APHIS representative, State representative, accredited 
veterinarian, or an individual authorized for this purpose by an APHIS 
representative. The official seal numbers must be recorded on the 
accompanying permit.

(Approved by the Office of Management and Budget under control 
number 0579-0185)


Sec.  51.29  Destruction of animals; time limit.

    (a) The claimant must ensure that goats, sheep, and horses infected 
with or exposed to B. abortus are either:
    (1) Sold under permit to a recognized slaughtering establishment;
    (2) Moved to an approved stockyard for sale to a recognized 
slaughtering establishment; or
    (3) Destroyed and buried, incinerated, or rendered in accordance 
with applicable State law.
    (b) The claimant must ensure that goats and sheep destroyed because 
of B. melitensis are destroyed and buried, incinerated, or rendered in 
accordance with applicable State law.
    (c) Indemnity will be paid under this part only if the animals are 
destroyed within 15 days after the date they are marked with 
identification showing they are to be destroyed. However, the 
Veterinarian in Charge may extend the time limit to 30 days if:
    (1) The animals' owner asks the Veterinarian in Charge for an 
extension before the initial 15-day period expires, or the animals were 
sold for slaughter before the original 15-day period expires; and
    (2) The Veterinarian in Charge determines that extending the time 
limit will not adversely affect the Brucellosis Eradication Program.
    (d) The Administrator may extend the time limit beyond 30 days when 
unusual and unforeseen circumstances occur that prevent or hinder the 
destruction of the animals within 30 days, such as, but not limited to, 
floods, storms, or other Acts of God, which are beyond the control of 
the owner, or when destruction is delayed due to requirements of 
another Federal agency.

(Approved by the Office of Management and Budget under control 
number 0579-0185)


Sec.  51.30  Claims for indemnity.

    (a) Claims for indemnity for goats, sheep, and horses destroyed 
because of brucellosis must be made using an indemnity claim form 
furnished by APHIS. On the form, the owner of the animals must certify 
whether the animals are subject to a mortgage. If the owner states 
there is a mortgage, the claim form must be signed by the owner and by 
each mortgage holder, consenting to the payment of any indemnity 
allowed to the owner. Payment will be made only if the claimant has 
submitted a complete indemnity claim form to the Veterinarian in Charge 
and the claim has been approved by the Veterinarian in Charge or by an 
APHIS representative designated by him or her. The Veterinarian in 
Charge or an APHIS representative designated by the Veterinarian in 
Charge will record on the APHIS indemnity claim form the amount of 
Federal and State indemnity payments that appear to be due to the owner 
of the animals. The owner of the animals will receive a copy of the 
completed APHIS indemnity claim form. The owner is responsible for 
paying all fees for holding the animals on the farm pending disposal 
and for all trucking fees.
    (b) Claims for indemnity for registered sheep and registered goats 
must be accompanied by the animal's registration papers, issued in the 
name of the owner. If the registration papers are unavailable or if the 
animal is less than 1 year old and not registered at the time the claim 
for indemnity is submitted, the Veterinarian in Charge may grant a 60-
day extension or the Administrator may grant an extension longer than 
60 days for the presentation of registration papers. Any animal that is 
not registered but is eligible for registration at the time the claim 
is submitted will be considered unregistered unless the animal has been 
in the flock for less than 12 months.

(Approved by the Office of Management and Budget under control 
number 0579-0185)


Sec.  51.31  Disinfecting premises, conveyances, and materials.

    All premises, including all structures, holding facilities, 
conveyances, and materials contaminated because they have been used by 
animals destroyed because of brucellosis, must be properly cleaned and 
disinfected in accordance with recommendations of the APHIS or State 
representative. Cleaning and disinfecting must be completed within 15 
days from the date the animals were removed from the premises, except 
that the Veterinarian in Charge may extend the time limit for 
disinfection to 30 days when he or she receives a request prior the 
expiration date of the original 15 days, and when the Veterinarian in 
Charge determines that an extension will not adversely affect the 
Brucellosis Eradication Program. The Administrator may extend the time 
limit beyond 30 days when unusual and unforeseen circumstances occur 
that prevent or hinder disinfection of the premises, conveyances, and 
materials within 30 days, such as, but not limited to floods, storms, 
or other Acts of God, which are beyond the control of the owner. A 
premises may be exempted from such cleaning and disinfecting 
requirements if the APHIS or State representative recommends it in 
writing and the Veterinarian in Charge approves.

(Approved by the Office of Management and Budget under control 
number 0579-0185)

[[Page 41915]]

Sec.  51.32  Claims not allowed.

    Claims for indemnity for goats, sheep, and horses destroyed because 
of brucellosis will not be allowed if any of the following 
circumstances exist:
    (a) The claimant has failed to comply with any of the requirements 
of this part;
    (b) The claim is based on a brucellosis test, and the person who 
administered the test was not properly trained, authorized, or 
certified at the time of the test;
    (c) Testing of goats, sheep, and horses in the herd or flock for 
brucellosis was not done under APHIS or State supervision, or by an 
accredited veterinarian;
    (d) There is substantial evidence that the claim is an unlawful or 
improper attempt to obtain indemnity; or
    (e) If, at the time of test or condemnation, the animals belonged 
to or were upon the premises of any person to whom they had been sold 
for slaughter, shipped for slaughter, or delivered for slaughter.


Sec.  51.33  Multiple indemnity payments.

    APHIS has indemnity programs for several other livestock diseases. 
However, if a claim is paid for indemnity for animals destroyed because 
of brucellosis, no other claims for indemnity will be paid for the same 
animals.

    Done in Washington, DC, this 7th day of July, 2004.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-15804 Filed 7-12-04; 8:45 am]
BILLING CODE 3410-34-P