Official Brucellosis Tests

DEPARTMENT OF AGRICULTURE

9 CFR Part 78

[Docket No. 93-120-2]

Official Brucellosis Tests

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the brucellosis regulations by revising

standards established for the brucellosis testing of cattle and bison

with the particle concentration fluorescence immunoassay test. By

revising the standards for this test, we will help designated

epidemiologists avoid incorrectly classifying cattle and bison as

brucellosis suspects.

EFFECTIVE DATE: July 21, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. John Kopec, Senior Staff

Veterinarian, Cattle Diseases Staff, Veterinary Services, APHIS, USDA,

room 730, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782,

(301) 436-6188.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a serious infectious and contagious disease, caused

by bacteria of the genus Brucella, that affects animals and man. The

Secretary of Agriculture is authorized to cooperate with the States in

conducting a brucellosis eradication program and in preventing the

interstate spread of brucellosis. The regulations in 9 CFR part 78

(referred to below as the regulations) govern the interstate movement

of cattle, bison, and swine in order to help prevent the spread of

brucellosis.

Official brucellosis tests are used to determine the brucellosis

status of cattle, bison, and swine. The regulations stipulate that

testing negative to an official brucellosis test is a condition for

certain interstate movements. Additionally, official tests are used to

determine eligibility for indemnity payments for animals destroyed

because of brucellosis.

On March 2, 1994, we published in the Federal Register (59 FR 9938-

9939, Docket No. 93-120-1) a proposal to revise the standards for one

such official test, the particle concentration fluorescence immunoassay

(PCFIA) test. We solicited comments concerning our proposal for a 60-

day comment period ending May 2, 1994. During that period, we received

one comment, from a national veterinary medical association. The

commenter supported the proposal.

Therefore, based on the rationale set forth in the proposed rule,

we are adopting the provisions of the proposal as a final rule.

Executive Order 12866 and Regulatory Flexibility Act

This final rule has been reviewed under Executive Order 12866. The

rule has been determined to be not significant for purposes of

Executive Order 12866, and, therefore, has not been reviewed by the

Office of Management and Budget.

Incorrect brucellosis classification of cattle and bison as a

result of the current PCFIA test standards creates marketing delays and

unnecessary costs for farmers. Under the regulations, cattle and bison

classified as brucellosis suspects must either be quarantined and

retested within 30 days or sold for slaughter (usually at a loss).

Consequently, farmers may unnecessarily quarantine or slaughter, at a

loss, incorrectly classified cattle and bison. Therefore, revising the

PCFIA test result standards will save farmers both time and money.

Though we believe that the economic impact of this action will be

positive, we also believe it will be minimal. We anticipate that only

about 7,200 cattle and bison in 560 herds (less than one thousandth of

a percent of all cattle and bison in the United States) are classified

incorrectly as brucellosis suspects under our current regulations. We

estimate that all of the cattle and bison affected by this action will

be owned by farms classified as small entities under Small Business

Administration standards.

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 12778

This rule has been reviewed under Executive Order 12778, 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 document contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (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, 9 CFR part 78, is amended 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, 134f; 7 CFR 2.17, 2.51, and 371.2(d).

2. In Sec. 78.1, the definition of Official test, paragraph

(a)(10), the table is revised to read as follows:

Sec. 78.1 Definitions.

* * * * *

Official test.

(a) * * *

(10) * * *

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S/N ratio Classification

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Greater than .60.................................. Negative.

Greater than .30 but less than or equal to .60.... Suspect.

.30 or less....................................... Positive.

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* * * * *

Done in Washington, DC, this 15th day of June 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-15036 Filed 6-20-94; 8:45 am]

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