[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Rules and Regulations]
[Pages 54402-54404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15327]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. APHIS-2006-0138]


Brucellosis in Cattle; State and Area Classifications; Wyoming

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 cattle by changing the classification of Wyoming 
from Class A to Class Free. We have

[[Page 54403]]

determined that Wyoming meets the standards for Class Free status. This 
action relieves certain restrictions on the interstate movement of 
cattle from Wyoming.

DATES: This interim rule was effective September 12, 2006. We will 
consider all comments that we receive on or before November 14, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0138 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0138, 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-2006-0138.
    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. Debbi A. Donch, Senior Staff 
Veterinarian, Ruminant Health Programs, National Center for Animal 
Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 
20737-1231; (301) 734-5952.

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis is a contagious disease affecting animals and humans, 
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.
    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 with the highest rate of brucellosis. Class A and Class B 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 reactor cases 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.
    Before the effective date of this interim rule, Wyoming was 
classified as a Class A State.
    To attain and maintain Class Free status, a State or area must (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 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.
    The last brucellosis-infected cattle herd in Wyoming was 
depopulated in December 2004. Since then, no brucellosis-affected herds 
have been detected.
    After reviewing the brucellosis program records for Wyoming, we 
have concluded that this State meets the standards for Class Free 
status. Therefore, we are removing Wyoming from the list of Class A 
States in Sec.  78.41(b) and adding it to the list of Class Free States 
in Sec.  78.41(a). This action relieves certain restrictions on moving 
cattle interstate from Wyoming.

Immediate Action

    Immediate action is warranted to remove unnecessary restrictions on 
the interstate movement of cattle from Wyoming. 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

    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.
    Brucellosis is a contagious, costly disease of ruminants and other 
animals that can also affect humans. It is mainly a threat to cattle, 
bison, and swine. The disease causes decreased milk production, weight 
loss in animals, loss of young, infertility, and lameness. There is no 
known effective treatment. Depopulation of infected and exposed animals 
is the only effective means of disease containment and eradication.
    The State of Wyoming has met the requirements for obtaining Class 
Free status as outlined in the definition of ``Class Free State or 
area'' in Sec.  78.1 of the regulations. This interim rule upgrades the 
brucellosis status of Wyoming from Class A to Class Free. Cattle and 
bison that are to be moved interstate from Class A States, except those 
moving directly to slaughter or to quarantined feedlots, must be tested

[[Page 54404]]

before they are eligible for movement. Attaining Class Free status 
allows producers in Wyoming to forgo this cost.
    Brucellosis testing, including veterinary fees and handling 
expenses, costs about $7.50 to $15 per test. The expenses forgone as a 
result of this reclassification in status will not be significant for 
cattle and calves owners in Wyoming. There were 1.127 million cattle 
and calves in Wyoming in 2002. The average per-head value of cattle in 
Wyoming was $1,020 in 2005. Thus, the cost of testing would represent 
between 0.7 and 1.5 percent of the average value of the animals sold. 
The upgrading of the State to brucellosis Class Free status will result 
in a small savings for those entities moving cattle interstate other 
than directly to slaughter or to quarantined feedlots.
    The Small Business Administration has established standards for 
determining whether an entity is considered small under the Regulatory 
Flexibility Act. An enterprise producing cattle and calves is 
considered small if it has annual receipts of $750,000 or less. There 
were 4,997 farms with sales of cattle and calves in Wyoming in 2002. 
Over 97 percent of these farms had annual receipts not exceeding 
$750,000. These small farms had average sales of $133,000.
    In sum, we expect that the majority of cattle and calves operations 
that will be affected by the interim rule are small entities. The 
interim rule will benefit producers that sell cattle and calves out of 
State for breeding and feeding purposes. However, the savings from the 
forgone testing will be very small, estimated to be about 1 percent of 
the value of the animals sold.
    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 interim 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.


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2. Section 78.41 is amended as follows:
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a. In paragraph (a), by removing the word ``and'' and by adding the 
words ``, and Wyoming'' after the word ``Wisconsin''.
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b. By revising paragraph (b) to read as set forth below.


Sec.  78.41  State/area classification.

* * * * *
    (b) Class A. Idaho and Texas.
* * * * *

    Done in Washington, DC, this 12th day of September 2006.
Nick Gutierrez,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-15327 Filed 9-14-06; 8:45 am]
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