[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Rules and Regulations]
[Pages 36983-36984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5800]


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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; Idaho

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 interstate 
movement of cattle by changing the classification of Idaho from Class 
Free to Class A. That action was necessary to prevent the interstate 
spread of brucellosis.

DATES: Effective on June 29, 2006, we are adopting as a final rule the 
interim rule that became effective on January 12, 2006.

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 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 \1\ effective January 12, 2006, and published in 
the Federal Register on January 19, 2006 (71 FR 2991-2993, Docket No. 
APHIS-2006-0001), we amended Sec.  78.41 of the regulations by changing 
the classification of Idaho from Class Free to Class A. That action was 
necessary to prevent the interstate spread of brucellosis.
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    \1\ To view the interim rule and the comments we received, go to 
http://www.regulations.gov, click on the ``Advanced Search'' tab, 
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2006-0001, then click on ``Submit.'' Clicking on the Docket ID link 
in the search results page will produce a list of all documents in 
the docket.
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    Comments on the interim rule were required to be received on or 
before March 20, 2006. We received two comments by that date. One 
comment was from a private citizen who questioned why the affected 
cattle had not been vaccinated for brucellosis. Although vaccination 
can be effective to some degree in preventing the transmission and 
spread of the Brucella bacteria, it is not 100 percent effective; 
therefore, disease transmission may still occur even though a herd is 
vaccinated. The commenter also objected to cattle being allowed to 
graze on publicly owned land. This issue is not within the scope of the 
interim rule.
    The second comment was from a representative of the Idaho 
Department of Agriculture, who stated that the Animal and Plant Health 
Inspection Service (APHIS) should not have changed Idaho's brucellosis 
status from Class Free to Class A because the second affected herd was 
the result of the movement, from the first affected herd, of a heifer 
that was subsequently classified as a reactor. According to the 
commenter, the heifer cannot positively be diagnosed with brucellosis 
because the heifer tested positive for Yersinia, because no Brucella 
organism was cultured from the heifer's tissues, because the cow was 
vaccinated with RB51, which could cause false positives in brucellosis 
testing in some cases, and because the heifer was not pregnant and 
there are no studies proving that a heifer that is not pregnant may 
pass along the brucellosis bacteria through bodily discharge of wastes.
    The regulations define an affected herd as ``Any herd in which any 
animal has been classified as a brucellosis reactor and which has not 
been released from quarantine.'' Both herds designated as affected 
herds in Idaho contained at least one animal that was classified by the 
State's designated brucellosis epidemiologist as a brucellosis reactor.
    The State's designated brucellosis epidemiologist classified the 
heifer as a brucellosis reactor based on that fact that it originated 
from an infected herd and based on a panel of positive serological test 
results, which were repeated in both State and Federal laboratories. 
Culture confirmation of reactors is not 100 percent successful in all 
brucellosis cases and therefore is not required under the regulations 
for classification of infected animals. Although Yersinia, another 
bacteria found in cattle, may cause false positive results on a 
serologic test for Brucella, most of these tests are not able to 
differentiate Brucella from Yersinia. Currently there is no conclusive 
evidence that the RB51 vaccine caused the positive results on the 
serology tests for Brucella.
    Although the probability of brucellosis exposure from a virgin 
heifer is lower than from a pregnant heifer because the primary method 
of transmission of brucellosis is usually via an infected, aborted 
fetus, an infected newborn calf, and/or infected tissues and fluids 
that accompany a birth event, transmission of brucellosis via the urine 
and feces of infected animals is also possible.
    In addition, State status is based on herd infection rates, not on 
the likelihood of disease transmission. The regulations specifically 
state that to qualify for Class Free status, a State ``must have a 
cattle herd infection rate, based on the number of herds found to have 
brucellosis reactors within the State or area during any 12 consecutive 
months due to field strain Brucella abortus of 0.0 percent or 0 herds 
per 1,000.'' Idaho has exceeded the criteria of 0.0 percent herd 
infection rate according to the regulations. Idaho also does not 
qualify for retaining its Class Free status because more than one herd 
has been found to be affected with brucellosis during a 2-year period.
    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.

[[Page 36984]]

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 71 FR 
2991-2993 on January 19, 2006.

    Done in Washington, DC, this 23rd day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-5800 Filed 6-28-06; 8:45 am]
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