[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22588-22589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8660]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 05-009-1]


Brucellosis in Swine; Add Florida to List of Validated 
Brucellosis-Free States

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 swine by adding Florida to the list of validated 
brucellosis-free States. We have determined that Florida meets the 
criteria for classification as a validated brucellosis-free State. This 
action relieves certain restrictions on the interstate movement of 
breeding swine from Florida.

DATES: This interim rule is effective on May 2, 2005. We will consider 
all comments that we receive on or before July 1, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     Edocket: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 05-009-1, 
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. 05-009-1.
     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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. John Korslund, Staff Veterinarian 
(Swine Health), Eradication and Surveillance Team, National Center for 
Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, 
MD 20737-1231; (301) 734-5914.

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis is a contagious disease caused by bacteria of the genus 
Brucella. The disease mainly affects cattle, bison, and swine, but 
goats, sheep, horses, and even humans are susceptible. 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. In humans, brucellosis initially causes flu-like symptoms, 
but the disease may develop into a variety of chronic conditions, 
including arthritis. Humans can be treated for brucellosis with 
antibiotics.

[[Page 22589]]

    The brucellosis regulations in 9 CFR part 78 (referred to below as 
the regulations) contain specific provisions for cattle, bison, and 
swine. Under the regulations, States, herds, and individual animals are 
classified according to their brucellosis status. Interstate movement 
requirements for animals are based upon the disease status of the 
individual animals or the herd or State from which the animal 
originates.
    We are amending Sec.  78.43 of the regulations, which lists 
validated swine brucellosis-free States, to include Florida. A State 
may apply for validated brucellosis-free status when:
     Any herd found to have swine brucellosis during the 2-year 
qualification period preceding the application has been depopulated. 
More than one finding of a swine brucellosis-infected herd during the 
qualification period disqualifies the State from validation as 
brucellosis-free; and
     During the 2-year qualification period, the State has 
completed surveillance, annually, by either complete herd testing, 
market swine testing, or statistical analysis.
    Breeding swine originating from a validated brucellosis-free State 
or herd may be moved interstate without having been tested with an 
official test for brucellosis within 30 days prior to interstate 
movement, which would otherwise be required.
    After reviewing the State's brucellosis program records, we have 
concluded that Florida meets the criteria for classification as a 
validated brucellosis-free State. Therefore, we are adding Florida to 
the list of validated brucellosis-free States in Sec.  78.43. This 
action relieves certain restrictions on the interstate movement of 
breeding swine from Florida.

Immediate Action

    Immediate action is warranted to remove restrictions that are no 
longer necessary on the interstate movement of swine from Florida. 
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

    For this action, the Office of Management and Budget has waived its 
review under Executive Order 12866.
    We are amending the brucellosis regulations concerning the 
interstate movement of swine by adding Florida to the list of validated 
brucellosis-free States. As of January 1, 2005, 48 States, plus Puerto 
Rico and the U.S. Virgin Islands, were classified as validated 
brucellosis-free States. The State of Florida has been classified as a 
Stage II State, but now meets the requirements for being listed as 
Stage III (validated brucellosis-free) State.
    This interim rule grants swine producers in Florida validated 
brucellosis-free status. This rule will benefit breeding stock owners 
in Florida who will no longer have to incur the cost of brucellosis 
testing on sows and other breeding stock. The estimated cost of 
brucellosis testing ranges from $7.50 to $15 per animal, which includes 
veterinary and handling fees. As of October 2004, the national average 
value of a sow was $207 per head. Thus, cost savings associated with 
suspending brucellosis testing for breeding swine to be moved 
interstate from Florida is roughly between 3.6 and 7.2 percent of the 
value of the animal.
    According to the 2002 Census of Agriculture, there were 887 farms 
in Florida with hogs or pigs used or to be used for breeding, with an 
inventory of 7,799 animals. Of those farms, 830 had inventories of 1-24 
animals, and another 41 had inventories of 25-49 animals. The small 
business size standards for hog and pig operations, as identified by 
the Small Business Administration, is $750,000 or less in annual 
receipts. Given that criterion, it is reasonable to assume that over 90 
percent of farms with breeding swine in Florida are small entities.
    Florida has been classified as a Stage II State requiring annual 
testing of the breeding stock in its swine operations. However, Florida 
has met the requirements to be listed as a validated brucellosis-free 
State. The change in the status of Florida would lead to cost savings 
to the breeding segment of swine production, but we do not expect the 
cost savings will have a significant economic impact on affected small 
entity producers. This rule will not result in any additional costs for 
affected small entities.
    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 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.

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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.  78.43  [Amended]

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2. Section 78.43 is amended by adding, in alphabetical order, the word, 
``Florida.''

    Done in Washington, DC, this 26th day of April 2005.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-8660 Filed 4-29-05; 8:45 am]
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