[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Notices]
[Pages 12656-12657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04720]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 87, No. 44 / Monday, March 7, 2022 / 
Notices  

[[Page 12656]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2020-0070]


Classify the State of Sonora, Mexico, as Level I for Brucellosis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to classify the 
State of Sonora, Mexico as Level I for brucellosis. This recognition is 
based on an evaluation we prepared in connection with this action, 
which we made available to the public for review and comment through a 
previous notice.

DATES: Imports under this classification may be authorized beginning 
March 7, 2022.

FOR FURTHER INFORMATION CONTACT: Dr. Kelly Rhodes, Senior Staff 
Veterinarian, Regionalization Evaluation Services, Strategy and Policy, 
VS, APHIS, USDA, 4700 River Road, Unit 38, Riverdale, MD 20737-1231; 
(301) 851-3315; [email protected].

SUPPLEMENTARY INFORMATION: The regulations in 9 CFR part 93, subpart D 
(Sec. Sec.  93.400 through 93.442, referred to below as part 93 or the 
subpart), contain requirements for the importation of ruminants into 
the United States to address the risk of introducing or disseminating 
diseases of livestock within the United States. Part 93 currently 
contains provisions that address the risk that imported bovines (cattle 
or bison) may introduce or disseminate bovine tuberculosis or 
brucellosis within the United States. Within part 93, Sec.  93.440 
contains the requirements for classification of foreign regions for 
brucellosis and Sec.  93.441 contains the process for requesting 
regional classification for brucellosis. In accordance with Sec.  
93.440(d), the Animal and Plant Health Inspection Service (APHIS) 
maintains lists of all Level I, Level II, and Level III regions for 
brucellosis and adds regions classified in accordance with Sec.  93.441 
to these lists.
    Paragraph (a) of Sec.  93.441 provides that a representative of a 
national government with authority to make such a request may request 
that APHIS classify a region for brucellosis. Within the same section, 
paragraph (b) provides that if, after reviewing and evaluating the 
request for brucellosis classification, APHIS believes the region can 
be accurately classified, APHIS will publish a notice in the Federal 
Register with the proposed classification and make its evaluation 
available for public comment. Following the close of the comment 
period, APHIS will review all comments received and will make a final 
determination regarding the request that will be detailed in another 
document published in the Federal Register.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on February 24, 2021 (86 FR 11219-11220, Docket No. 
APHIS-2020-0070), in which we announced the availability, for review 
and comment, of an evaluation of the State of Sonora, Mexico for 
brucellosis classification, as well as an environmental assessment 
(EA). The notice proposed to classify Sonora as Level I for 
brucellosis.
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    \1\ To view the notice, evaluation, environmental assessment, 
and comments we received go to www.regulations.gov and enter APHIS-
2020-0070 in the Search field.
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    We solicited comments on the notice for 60 days ending April 26, 
2021. We received two comments by that date. The comments were from 
private citizens.
    One commenter stated that it was difficult to know what the 
different classification levels for disease status meant and asked that 
we explain what they meant. The other commenter asked why we wanted to 
classify Sonora as Level I for brucellosis and what evidence we had to 
support that decision.
    As we explained in the notice, Sec.  93.440 of the regulations 
contains the requirements for classification of foreign regions for 
brucellosis and Sec.  93.441 contains the process for requesting 
regional classification for brucellosis. As part of the process for 
requesting regional classification, the national government of the 
region must submit an application to APHIS that defines the boundaries 
of the region, specifies the prevalence level for brucellosis within 
the region, and demonstrate that, among other things:
     There is effective veterinary control and oversight within 
the region;
     That brucellosis is a notifiable disease within the 
region;
     The region has a program for brucellosis in place that 
includes epidemiological investigations, management of affected herds, 
diagnostic testing, and disease surveillance.
    When the application is complete, APHIS will review and evaluate 
the request for classification. If, based on that evaluation, we 
believe the region can be accurately classified for brucellosis, we 
will publish a notice in the Federal Register proposing to classify the 
region according to Sec.  93.440, and make available to the public the 
information upon which this proposed classification is based.
    The specific requirements for classification as a Level I region 
for brucellosis are set out in paragraph (a) of Sec.  93.440. To 
receive Level I classification for brucellosis, a region must meet 
APHIS requirements for brucellosis classification in accordance with 
Sec.  93.441, and also have a prevalence of brucellosis in their 
domestic bovine herds of less than 0.001 percent over at least the 
previous 2 years (24 consecutive months).
    In the evaluation titled ``APHIS Evaluation of the State of Sonora, 
Mexico for Bovine Brucellosis (Brucella abortus) Classification'' 
(September 2017) that accompanied our February 24, 2021 notice,\2\ we 
set forth the results of our evaluation of the State of Sonora, Mexico 
for bovine brucellosis. APHIS concluded that Sonora fully meets the 
APHIS requirements for classification and that brucellosis has not been 
confirmed in a bovine animal in Sonora since 2009, qualifying Sonora 
for Level I classification for brucellosis.
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    \2\ See footnote 1.
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    One commenter asked about the significance of classifying Sonora as 
a Level I region compared to the impact of Level II or Level III 
classifications, and how the classification as Level I, II, and III 
would impact Sonora economically.

[[Page 12657]]

    As we explained above, the requirements for classification as a 
region for brucellosis are set out in Sec.  93.440 of the regulations. 
To receive Level I or II classification for brucellosis, a region must 
meet APHIS requirements for brucellosis classification in accordance 
with Sec.  93.441. Level I regions must also have a prevalence of 
brucellosis in their domestic bovine herds of less than 0.001 percent 
over at least the previous 2 years (24 consecutive months). Level II 
regions must have a prevalence of brucellosis in their domestic bovine 
herds equal to or greater than 0.001 percent, but less than 0.01 
percent over at least the previous 2 years (24 consecutive months). 
Level III regions do not meet APHIS requirements for brucellosis 
classification in accordance with Sec.  93.441, have a prevalence of 
brucellosis in their domestic bovine herds equal to or greater than 
0.01 percent, or are unassessed by APHIS with regard to brucellosis 
prevalence.
    The requirements for importation of ruminants from any part of the 
world with respect to brucellosis are linked to the classification 
levels, as described in Sec.  93.442 of the regulations. The 
regulations provide that steers and spayed heifers may be imported into 
the United States from anywhere in the world without additional 
restrictions. Sexually intact cattle from Level I regions may also be 
imported into the United States without additional restrictions. 
However, sexually intact cattle from Level II and Level III regions are 
subject to restrictions, such as originating in accredited herds, or 
whole herd and individual testing requirements.
    Consequently, classification as Level I will effectively exempt 
sexually intact cattle from Sonora from brucellosis testing prior to 
export, saving Sonoran producers the cost of testing or the cost of 
castrating bulls and spaying heifers to avoid the testing requirement. 
Under Level II or III, producers would still bear those costs.
    One commenter asked if brucellosis posed an immediate threat to the 
people of the United States.
    As we explained in the evaluation that accompanied the initial 
notice, bovine brucellosis is caused by the bacterium Brucella abortus. 
Infection with B. abortus causes abortions and stillbirths in cattle. 
B. abortus also affects other species including bison, buffalo, and 
elk. In addition, B. abortus is a human pathogen that can cause serious 
disease. Human cases of brucellosis in the United States are rare, can 
be treated with antibiotics, and can be prevented with appropriate food 
safety measures.
    One commenter asked what efforts will be taken to stop the spread 
of brucellosis, and if the export of beef would still be allowed.
    In the event that the prevalence of brucellosis in Sonora rises to 
above 0.001 percent, APHIS will take action to reclassify the region as 
Level II or III, as appropriate, and impose the corresponding 
restrictions on imported bovines. Reclassification would not result in 
changes to the requirements for exporting beef to the United States 
from Sonora.
    One commenter asked what effect brucellosis would have on the 
production of food in the area and how this could hurt the citizens.
    As we explained in the evaluation that accompanied the initial 
notice, Sonora has averaged 28 cases of brucellosis in humans annually 
since 2002, primarily due to B. abortus. Public health officials in 
Sonora attribute the majority of cases to exposure through soft cheeses 
and/or raw milk from other Mexican States. Animal and public health 
officials in Sonora work closely to monitor the incidence of 
brucellosis in humans and investigate any potential connection to 
Sonoran livestock. For example, a case rate spike in humans in 2010 led 
to detection of an infected goat herd that produced cheese and milk for 
local consumption.
    Therefore, in accordance with the regulations in Sec. Sec.  93.440 
and 93.441, we are announcing our decision to classify the State of 
Sonora, Mexico as Level I for brucellosis, and to add the State of 
Sonora to the web-based list of Level I regions for brucellosis. 
Bovines from the State of Sonora may be imported under the conditions 
listed in Sec. Sec.  93.439 and 93.442 for the appropriate 
classification level.

National Environmental Policy Act

    On December 27, 2022, we published in the Federal Register a notice 
(86 FR 73238-73239, Docket No. APHIS-2020-0071) announcing that we were 
classifying Canada as Level I for brucellosis and bovine tuberculosis. 
That final notice was accompanied by a final environmental assessment 
and finding of no significant impact (FONSI). The final environmental 
assessment and FONSI also evaluated the possible environmental impacts 
associated with classifying Sonora as Level I for brucellosis. 
Accordingly, we direct the public to https://www.regulations.gov/docket/APHIS-2020-0071 to view those documents, and are not 
republishing them for this action.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this action 
as not a major rule, as defined by 5 U.S.C. 804(2).
    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

    Done in Washington, DC, this 1st day of March 2022.
Anthony Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2022-04720 Filed 3-4-22; 8:45 am]
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