Brucellosis in Cattle; State and Area Classifications; California

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 94-009-2]

Brucellosis in Cattle; State and Area Classifications; California

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

California from Class Free to Class A. We have determined that

California no longer meets the standards for Class Free status. This

action imposes certain restrictions on the interstate movement of

cattle from California.

DATES: Interim rule effective September 16, 1994. Consideration will be

given only to comments received on or before November 15, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 94-009-2. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael J. Gilsdorf, Senior Staff

Veterinarian, Cattle Diseases and Surveillance Staff, Veterinary

Services, APHIS, USDA, room 729, Federal Building, 6505 Belcrest Road,

Hyattsville, MD 20782, (301) 436-4918.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a contagious disease affecting animals and man,

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 B and Class A 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 and

successfully closing (investigating and resolving) a certain percentage

of cases of brucellosis infection detected by the Market Cattle

Identification (MCI) program, a program of testing at stockyards,

farms, ranches, and slaughter establishments; (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.

Because of its herd infection rate, California was classified as a

Class Free State on April 4, 1994, in an interim rule published in the

Federal Register (59 FR 15612-15613, Docket No. 94-009-1); there had

been no known brucellosis in cattle in California for 12 consecutive

months. Since then, however, two cattle herds in California have been

found to be infected with brucellosis.

To attain and maintain Class A status, a State or area must: (1)

Not exceed a cattle herd infection rate, due to field strain Brucella

abortus, of 0.25 percent or 2.5 herds per 1,000 based on the number of

reactors found within the State during any 12 consecutive months,

except in States with 10,000 or fewer herds; (2) trace to the farm of

origin 90 percent of all brucellosis reactors found in the course of

MCI testing; (3) successfully close at least 95 percent of the MCI

reactor cases traced to the farm of origin during the 12-consecutive-

month period immediately prior to the most recent anniversary of the

date the State or area was classified Class A; 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.

After reviewing California's brucellosis program records, we have

concluded that California meets the standards for Class A status.

Therefore, we are removing California from the list of Class Free

States or areas in Sec. 78.41(a) and adding it to the list of Class A

States or areas in Sec. 78.41(b). This action will place certain

restrictions on the interstate movement of cattle from California.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. Immediate action is

warranted to prevent the interstate spread of brucellosis.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon 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 will

publish another document in the Federal Register. It 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 interim 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

California from Class Free to Class A increases testing requirements

governing the interstate movement of cattle. However, 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

California, as well as buyers and importers of cattle from the State.

There are an estimated 28,000 cattle herds in California that would

be affected by this rule. Ninety-eight percent of these are owned by

small entities. Most of these herds are not certified brucellosis-free.

Test-eligible cattle offered for sale from other than certified

brucellosis-free herds must have a negative test under Class A status

regulations, but not under regulations concerning Class Free status.

This testing costs approximately $3.25 per head. If such testing were

distributed equally among all herds affected by this rule, the change

to Class A status would cost approximately $16 per herd.

Therefore, we believe that changing the brucellosis status of

California to Class A would not have a significant economic impact 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 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).

Sec. 78.41 [Amended]

2. Section 78.41, paragraph (a), is amended by removing

``California,''.

3. Section 78.41, paragraph (b), is amended by adding

``California,'' immediately following ``Arkansas,''.

Done in Washington, DC, this 12th day of September 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-22982 Filed 9-15-94; 8:45 am]

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