[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Rules and Regulations]
[Pages 57245-57246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26678]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. APHIS-2009-0040]


Brucellosis in Cattle; State and Area Classifications; Montana

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 the interstate 
movement of cattle by changing the classification of Montana from Class 
A to Class Free. We determined that Montana met the standards for Class 
Free status. The interim rule relieved certain restrictions on the 
interstate movement of cattle from Montana.

DATES: Effective on November 5, 2009, we are adopting as a final rule 
the interim rule published at 74 FR 33139-33140 on July 10, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. Debbi A. Donch, National 
Brucellosis Epidemiologist and Program Manager, 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.
    In an interim rule\1\ effective and published in the Federal 
Register on July 10, 2009 (74 FR 33139-33140, Docket No. APHIS-2009-
0040), we amended the regulations by changing the classification of the 
State of Montana from Class A to Class Free. That action relieved 
certain restrictions on the interstate movement of cattle from Montana.
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    \1\To view the interim rule and the comment we received, go to 
(http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0040).
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    Comments on the interim rule were required to be received on or 
before September 8, 2009. We received one comment by that date, from a 
private citizen. This commenter did not, however, address the action 
taken in the interim rule (i.e., the change in Montana's brucellosis 
classification). Therefore, for the reasons given in the interim rule, 
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.

PART 78--BRUCELLOSIS

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 78 and

[[Page 57246]]

that was published at 74 FR 33139-33140 on July 10, 2009.
    Done in Washington, DC, this 30th day of October 2009.

Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-26678 Filed 11-4-09: 1:22 pm]
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