[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 2991-2993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-472]



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  Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / 
Rules and Regulations  

[[Page 2991]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. APHIS-2006-0001]


Brucellosis in Cattle; State and Area Classifications; ID

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 
interstate movement of cattle by changing the classification of Idaho 
from Class Free to Class A. We have determined that Idaho no longer 
meets the standards for Class Free status. This action is necessary to 
prevent the interstate spread of brucellosis.

DATES: This interim rule was effective January 12, 2006. We will 
consider all comments that we receive on or before March 20, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2006-0001 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0001, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0001.
    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: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

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 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.
    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 that exceed, during any consecutive 12-month period, a herd 
infection rate of 1.5 percent or 15 herds per 1,000. Class B and Class 
A 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 reactors 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.
    If a single herd in a Class Free State is found to be affected with 
brucellosis, the State may retain its Class Free status if it meets the 
conditions described in paragraph (b)(4) of the definition of Class 
Free State or area in Sec.  78.1. A State may retain its status in this 
manner only once during any 2-year period. The following conditions 
must be satisfied within 60 days of the identification of the infected 
animal:
    1. The affected herd must be immediately quarantined, tested for 
brucellosis, and depopulated; and
    2. An epidemiological investigation must be performed and the 
investigation must confirm that brucellosis has not spread from the 
affected herd. All herds on premises adjacent to the affected herd 
(adjacent herds), all herds from which animals may have been brought 
into the affected herd (source herds), and all herds that may have had 
contact with or accepted animals from the affected herd (contact herds) 
must be epidemiologically investigated, and each of those herds must be 
placed

[[Page 2992]]

under an approved individual herd plan. If the investigating 
epidemiologist determines that a herd blood test for a particular 
adjacent herd, source herd, or contact herd is not warranted, the 
epidemiologist must include that determination, and the reasons 
supporting it, in the individual herd plan.
    After the close of the 60-day period following the identification 
of the infected animal, APHIS will conduct a review to confirm that the 
requirements have been satisfied and that the State is in compliance 
with all other applicable provisions.
    Prior to the effective date of this interim rule, Idaho was 
classified as a Class Free State. On November 14, 2005, we confirmed 
the discovery of a brucellosis-affected herd in Idaho. In accordance 
with Sec.  78.1, the State took immediate measures to maintain its 
Class Free status. However, on November 29, 2005, another brucellosis-
affected herd was confirmed. With the discovery of the second affected 
herd, Idaho no longer meets the standards for Class Free status. 
Therefore, we are removing Idaho from the list of Class Free States or 
areas in Sec.  78.41(a) and adding it to the list of Class A States or 
areas in Sec.  78.41(b).
    Under the definition of Class A State or Area in Sec.  78.1, the 
regulations require that to attain and maintain Class A status, a State 
or area must (1) not exceed a cattle herd infection rate, due to field 
strain Brucella abortus, of 0.25 percent or 2.5 herds per 1,000 based 
on the number of reactors found within the State during any 12 
consecutive months, except in States with 10,000 or fewer herds; (2) 
trace to the farm of origin at least 90 percent of all brucellosis 
reactors found in the course of MCI testing; (3) successfully close at 
least 95 percent of the MCI reactor cases traced to the farm of origin 
during the 12 consecutive month period immediately prior to the most 
recent anniversary of the date the State or area was classified Class 
A; and (4) have a specified surveillance system, as described above, 
including an approved individual herd plan in effect within 15 days of 
locating a source herd or recipient herd. After reviewing the 
brucellosis program records for Idaho, we have concluded that this 
State meets the standards for Class A status.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
interstate spread of brucellosis. 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 rule 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.
    This rule amends the brucellosis regulations concerning interstate 
movement of cattle by changing the classification of Idaho from Class 
Free to Class A. We have determined that Idaho no longer meets the 
standards for Class Free status. This action is necessary to prevent 
the spread of brucellosis in the United States.
    On January 1, 2005, there were 10,600 cattle and calves operations 
in Idaho with a total inventory of approximately 2.07 million head of 
cattle. Industry statistics indicate the average value per head of 
cattle in Idaho is $1,080, with a reported cash value totaling over 
$2.24 billion. The small business size standards for cattle operations, 
as identified by the Small Business Administration based upon the North 
American Industry Classification System (NAICS) code 112111, is 
$750,000 or less in annual receipts. It is estimated that 96 percent of 
the cattle and calves operations in Idaho are small businesses.
    A reclassification from Class Free to Class A status with respect 
to brucellosis will result in movement restrictions for cattle where 
previously none existed. Specifically, all bovine animals to be moved 
interstate, except those moving directly to slaughter or to quarantined 
feedlots, must test negative to a brucellosis test prior to interstate 
movement. The estimated cost for brucellosis testing, which would 
include veterinary fees and handling expenses, is between $7.50 and $15 
per test. The expenses incurred as a result of this reclassification in 
status are not expected to be significant for cattle and calf owners in 
Idaho. Considering the average value per animal in Idaho was $1,080 in 
2005, the additional costs to producers associated with brucellosis 
testing are roughly between 0.6 and 1.3 percent of the value of the 
animal intended for interstate movement. It is estimated that 17 
percent of the cattle in Idaho destined for feeding and breeding 
purposes are transported out of State. Therefore, the estimated 
increase in industry costs associated with a reclassification of Idaho 
to a Class A status may range between $2.6 and $5.3 million.
    The more a particular herd owner is involved in interstate 
movement, the greater the economic expense he or she will incur as a 
result of this rule. However, it is clear that this change in status 
will not represent an economically significant loss for cattle and 
calves herd owners in Idaho. While this change in status will result in 
additional requirements for interstate movement of cattle for Idaho 
producers, the benefits of the restriction in preventing the spread of 
brucellosis to other parts of the United States exceeds the additional 
costs of brucellosis testing.
    The Cooperative State/Federal Brucellosis Eradication Program has 
produced undeniable benefits since its implementation. Annual losses 
from lowered milk production, aborted calves and pigs, and reduced 
breeding efficiency were more than $400 million in 1952 before the 
program began. Today, such annual losses are estimated at less than $1 
million. Studies indicate the costs of producing beef and milk would 
increase by an estimated $80 million annually in less than 10 years if 
the program were discontinued.
    The change in the status of Idaho to Class A will lead to 
additional costs associated with brucellosis testing that will range 
from 0.6 to 1.3 percent of the value of the animals moved interstate. 
APHIS does not expect additional costs of this magnitude to have a 
significant impact on affected small-entity producers.
    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

[[Page 2993]]

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.

0
Accordingly, we are amending 9 CFR part 78 as follows:

PART 78--BRUCELLOSIS

0
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]

0
2. Section 78.41 is amended as follows:
0
a. In paragraph (a), by removing the word ``Idaho,''.
0
b. In paragraph (b), by removing the word ``Texas'' and adding the 
words ``Idaho, Texas,'' in its place.

    Done in Washington, DC, this 12th day of January 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-472 Filed 1-18-06; 8:45 am]
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