Swine Brucellosis

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 51 and 78

[Docket No. 94-007-2]

Swine Brucellosis

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 provided for payment at fair market value for whole herds of

swine depopulated because of brucellosis. This action is necessary to

eliminate in an expeditious manner all swine herds known to be affected

with brucellosis, and to help ensure that swine brucellosis is

eradicated in the United States within the next 5 years. This action is

also necessary to help eliminate the human health risk associated with

swine brucellosis.

EFFECTIVE DATE: November 7, 1994.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph F. Annelli, Chief Staff

Veterinarian, Swine Health Staff, Veterinary Services, APHIS, USDA,

suite 204, Presidential Building, 6505 Belcrest Road, Hyattsville, MD

20782, (301) 436-7767.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a serious infectious disease of swine, cattle,

bison, and other species, including humans, caused by bacteria of the

genus Brucella. Brucellosis in swine is characterized by abortion,

infertility, orchitis, posterior paralysis, and lameness. To help

prevent the spread of the disease, and to further its eradication, the

regulations in 9 CFR part 51 provide for payment of Federal indemnity

to owners of certain animals destroyed because of brucellosis. The

payment of indemnity is intended to provide owners with a financial

incentive for promptly destroying animals infected with or exposed to

brucellosis.

The regulations in 9 CFR part 78 govern the interstate movement of

swine affected with brucellosis. To help prevent the spread of the

disease, under these regulations the interstate movement of brucellosis

reactor swine and exposed swine is subject to certain restrictions.

In an interim rule effective and published in the Federal Register

on March 17, 1994 (59 FR 12530-12533, Docket No. 94-007-1), we amended

the regulations in part 51 to provide for payment at fair market value

for whole herds of swine depopulated because of brucellosis. We also

amended the regulations in part 78 to require that all brucellosis-

exposed swine from herds known to be affected with the disease be

identified with an eartag before being moved interstate from the herd.

We solicited comments on the interim rule for a 60-day comment

period ending May 16, 1994. We received 13 comments by that date. The

commenters included a swine industry association and other members of

the swine industry, a national veterinary association, a Federal

agency, a workers union, representatives of a county government, and

other members of the general public. Twelve of the commenters supported

the interim rule as written.

One commenter opposed the interim rule, on the grounds that the

swine industry, not the Federal Government, should take financial

responsibility for swine destroyed because of brucellosis. We are

making no changes based on this comment. Under 21 U.S.C. 111, the

Secretary of Agriculture has statutory authority to promulgate

regulations to prevent the dissemination from one State to another of

contagious, infectious, or communicable diseases of animals. Under 21

U.S.C. 114a, the Secretary is authorized to pay claims growing out of

the destruction of animals affected by or exposed to any communicable

disease of livestock that threatens the U.S. livestock industry. In

accordance with this statutory authority, the regulations in part 51

provide for payment of Federal indemnity to owners of swine destroyed

because of brucellosis. As we discussed in our interim rule, under the

provisions of that rule, the total cost for indemnity is expected to

increase only slightly over the life of the swine brucellosis

eradication program, and total swine brucellosis eradication costs are

expected to decrease substantially. We expect that paying fair market

value for whole herds of swine depopulated because of brucellosis will

reduce the total cost of eradication from $18.6 million to $11.35

million, and will shorten the time necessary to achieve eradication by

more than 25 years.

Therefore, based on the rationale set forth in the interim rule and

in this document, we are adopting the provisions of the interim rule,

without change, 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.

This rule also requires that all exposed swine in a herd known to

be affected with brucellosis be identified with a metal eartag before

being moved interstate from the herd known to be affected. At present,

10 swine herds in the United States are known to be affected with

brucellosis. This number represents less than 0.005 percent of the

235,840 swine herds in this country. We estimate that the cost of

applying eartags to exposed swine in the average herd known to be

affected will be less than $20.

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

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.) the information collection or recordkeeping requirements

included in this rule have been submitted for approval to the Office of

Management and Budget.

List of Subjects

9 CFR Part 51

Animal diseases, Cattle, Hogs, Indemnity payments, Reporting and

recordkeeping requirements.

9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and

recordkeeping requirements, Transportation.

Accordingly, the interim rule amending 9 CFR parts 51 and 78 that

was published at 59 FR 12530-12533 on March 17, 1994, is adopted,

without change, as a final rule.

9 CFR Part 51

Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,

134b; 7 CFR 2.17, 2.51, and 371.2(d).

9 CFR Part 78

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).

Done in Washington, DC, this 30th day of September 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-24779 Filed 10-6-94; 8:45 am]

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