[Federal Register Volume 66, Number 118 (Tuesday, June 19, 2001)]
[Rules and Regulations]
[Pages 32893-32894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15409]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 66, No. 118 / Tuesday, June 19, 2001 / Rules
and Regulations
[[Page 32893]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 01-020-1]
Brucellosis in Cattle; State and Area Classifications; Florida
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 Florida
from Class A to Class Free. We have determined that Florida meets the
standards for Class Free status. This action relieves certain
restrictions on the interstate movement of cattle from Florida.
DATES: This interim rule was effective June 13, 2001. We invite you to
comment on this docket. We will consider all comments that we receive
by August 20, 2001
ADDRESSES: Please send four copies of your comment (an original and
three copies) to: Docket No. 01-020-1, Regulatory Analysis and
Development, PPD, APHIS, Suite 3C03, 4700 River Road Unit 118,
Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 01-020-1.
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.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Valerie Ragan, Senior Staff
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River
Road Unit 43, Riverdale, MD 20737-1231; (301) 734-7708.
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, Florida 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 Florida was released
from quarantine in December 2000. Since then, no brucellosis-affected
herds have been detected.
After reviewing the brucellosis program records for Florida, we
have concluded that this State meets the standards for Class Free
status. Therefore, we are removing Florida 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 Florida.
Immediate Action
Immediate action is warranted to remove unnecessary restrictions on
the interstate movement of cattle from Florida. 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 rule
effective less than 30 days after publication in the Federal Register.
We will consider comments that are received within 60 days of
publication of this rule in the Federal Register. After the comment
period closes, we
[[Page 32894]]
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 as a result of the comments.
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
process required by Executive Order 12866.
Cattle moved interstate are moved for slaughter, for use as
breeding stock, or for feeding. Changing the brucellosis status of
Florida from Class A to Class Free will promote economic growth by
reducing certain testing and other requirements governing the
interstate movement of cattle from this State. Testing requirements for
cattle moved interstate for immediate slaughter or to quarantined
feedlots are not affected by this change. Cattle from certified
brucellosis-free herds moving interstate are not affected by this
change.
The groups affected by this action will be herd owners in Florida,
as well as buyers and importers of cattle from this State.
There are an estimated 20,000 cattle operations in Florida that may
be affected by this rule. Approximately 95 to 98 percent of these are
owned by small entities. Test-eligible cattle offered for sale
interstate from other than certified-free herds must have a negative
test under present Class A status regulations, but not under
regulations concerning Class Free status. If such testing were
distributed equally among all animals affected by this rule, Class Free
status would save approximately $5 to $6 per head.
Therefore, we believe that changing the brucellosis status of
Florida will not have a significant economic effect on the small
entities affected by this interim rule.
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.
Accordingly, we are amending 9 CFR part 78 as follows:
PART 78--BRUCELLOSIS
1. The authority citation for part 78 continues to read as follows:
Authority: 21 U.S.C. 111-114a-1, 114g, 115, 117, 120, 121, 123-
126, 134b, and 134f; 7 CFR 2.22, 2.80, and 371.4.
Sec. 78.41 [Amended]
2. Section 78.41 is amended as follows:
a. In paragraph (a), by adding ``Florida,'' in alphabetical order.
b. In paragraph (b), by removing ``Florida,''.
Done in Washington, DC, this 13th day of June 2001.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-15409 Filed 6-18-01; 8:45 am]
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