[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Rules and Regulations]
[Pages 6007-6008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1853]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Rules 
and Regulations  

[[Page 6007]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. APHIS-2008-0003]


Brucellosis in Cattle; State and Area Classifications; Texas

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 Texas 
from Class A to Class Free. We have determined that Texas meets the 
standards for Class Free status. This action relieves certain 
restrictions on the interstate movement of cattle from Texas.

DATES: This interim rule is effective February 1, 2008. We will 
consider all comments that we receive on or before April 1, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0003 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2008-0003, 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-2008-0003.
    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, National 
Brucellosis Epidemiologist, Ruminant Health Programs Staff, 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, Texas 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 Texas was detected in 
August 2005. The brucellosis reactors in the herd were depopulated. The 
remaining cattle in the herd were tested and found to be free of 
brucellosis; they were released from quarantine in September 2006. 
Since then, no brucellosis-affected herds have been detected.
    After reviewing the brucellosis program records for Texas, we have 
concluded that this State meets the standards for Class Free status. 
Therefore, we are removing Texas 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 Texas.

Immediate Action

    Immediate action is warranted to remove unnecessary restrictions on 
the interstate movement of cattle from Texas. Under these 
circumstances, the

[[Page 6008]]

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.
    The State of Texas has met all 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. The interim rule upgrades the 
brucellosis status of Texas 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 
before they are eligible for movement. Attaining Class Free status 
allows producers in Texas to forgo the cost of this test.
    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 be insignificant to 
cattle owners in Texas. There were 14 million cattle and calves in 
Texas in 2002. Of this total, 50.7 percent were breeding animals; the 
rest were composed of non-breeding animals in and outside feedlots. 
About 9.2 percent of cattle and calves in Texas are moved 
interstate.\1\ The average per head value of cattle in Texas was $790 
in 2006.\2\ Thus, the cost of testing represents between 0.9 and 1.8 
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 feeding.
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    \1\ Dennis A. Shields and Kenneth H. Mathews, Jr., Interstate 
Livestock Movements, U.S. Department of Agriculture (USDA)/Economic 
Research Service, June 2003.
    \2\ USDA/National Agricultural Statistics Service (NASS), Meat 
Animals Production, Disposition, and Income 2006 Summary, April 
2007.
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    We expect that the majority of cattle and calves operations that 
will be affected by the interim rule are small entities. Under 
guidelines established by the Small Business Administration (SBA), an 
enterprise producing cattle and calves is considered small if it has 
annual receipts of $750,000 or less.\3\ There were 125,518 farms with 
sales of cattle and calves in Texas in 2002.\4\ Over 99 percent of 
these farms had annual receipts not exceeding $750,000. These small 
farms had average sales of $17,700.
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    \3\ SBA, Table of Small Business Size Standards, effective 
October 1, 2007.
    \4\ USDA/NASS, 2002 Census of Agriculture.
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    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 between 
approximately 1 and 2 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.

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 adding the word ``Texas,'' after the word 
``Tennessee,''.
0
b. In paragraph (b), by removing the word ``Texas'' and adding the word 
``None'' in its place.

    Done in Washington, DC, this 28th day of January 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-1853 Filed 1-31-08; 8:45 am]
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