[Federal Register Volume 69, Number 165 (Thursday, August 26, 2004)]
[Rules and Regulations]
[Page 52419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19517]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 01-015-2]


Brucellosis in Cattle; State and Area Classifications; Missouri

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 Missouri from 
Class A to Class Free. The interim rule was based on our determination 
that Missouri meets the standards for Class Free status. The interim 
rule relieved certain restrictions on the interstate movement of cattle 
from Missouri.

DATES: Effective Date: The interim rule became effective on February 
26, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Debra A. 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

    In an interim rule effective February 26, 2004, and published in 
the Federal Register on March 2, 2004 (69 FR 9747-9749, Docket No. 01-
015-1), we amended the brucellosis regulations in 9 CFR part 78 
(referred to below as the regulations) concerning the interstate 
movement of cattle by changing the classification of Missouri from 
Class A to Class Free. The interim rule was based on our determination 
that Missouri meets the standards for Class Free status. The interim 
rule relieved certain restrictions on the interstate movement of cattle 
from Missouri.
    Comments on the interim rule were required to be received on or 
before May 3, 2004. We received one comment by that date, from a 
private citizen. This commenter was opposed to the change in Missouri's 
classification. The issues raised by the commenter are discussed below.
    The commenter objected to the use of the word ``free'' to describe 
a State or area designated as Class Free for brucellosis on the basis 
that our regulations do not require every animal in a State or area be 
tested; the commenter asserted, therefore, that we cannot be certain 
that a State or area classified as Class Free is free of brucellosis.
    The regulations provide a system for classifying States or areas of 
States according to the rate of Brucella infection present and the 
general effectiveness of a brucellosis control and eradication program. 
To attain and maintain Class Free status, a State or area must, among 
other requirements, (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 Market 
Cattle Identification (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. A full listing of the standards that a State 
must meet to be classified as Class Free may be found in the definition 
of Class Free State in Sec.  78.1 of the regulations. We have no 
evidence that testing every animal, as the commenter suggests, would 
increase the accuracy of the classification system to a degree that 
would warrant the massive additional burden of testing every animal in 
a State or area.
    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. Accordingly, the interim rule designated Missouri as 
a Class Free State for brucellosis, thereby relieving certain 
restrictions on the interstate movement of cattle from Missouri. We 
have no evidence that Missouri should not have been classified Class 
Free and the commenter did not provide any such evidence. We are making 
no changes in response to this comment.
    The commenter asserted that our immediate action to change the 
classification of Missouri from Class A to Class Free was not 
warranted.
    It is important to reclassify States when they have met the 
criteria for reclassification as Class Free. This encourages 
cooperation and compliance with the brucellosis control and eradication 
program and regulations by relieving certain restrictions on the 
interstate movement of cattle when they are determined to be no longer 
necessary. We have no evidence indicating that Missouri does not meet 
the standards for being declared Class Free, and the commenter did not 
provide any such evidence. We are making no changes in response to this 
comment.
    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 Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

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 
9747-9749 on March 2, 2004.

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

    Done in Washington, DC, this 19th day of August, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-19517 Filed 8-25-04; 8:45 am]
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