Brucellosis in Cattle; State and Area Classifications; Nebraska

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 95-033-1]

Brucellosis in Cattle; State and Area Classifications; Nebraska

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

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

meets the standards for Class Free status. This action relieves certain

restrictions on the interstate movement of cattle from Nebraska.

DATES: Interim rule effective May 31, 1995. Consideration will be given

only to comments received on or before July 31, 1995.

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

Docket No. 95-033-1, Regulatory Analysis and Development, PPD, APHIS,

Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-033-1. 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, VS, APHIS, Suite

3B08, 4700 River Road Unit 36, 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 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 to the farm

of origin and successfully closing a stated percent of all brucellosis

reactors 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, Nebraska 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 12 consecutive 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.

After reviewing the brucellosis program records for Nebraska, we

have concluded that the State meets the standards for Class Free

status. Therefore, we are removing Nebraska 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 Nebraska.

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 remove unnecessary restrictions on the interstate movement

of cattle from Nebraska.

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 [[Page 28323]] 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 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

Nebraska from Class A to Class Free will promote economic growth by

reducing certain testing and other requirements governing the

interstate movement of cattle from the 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 Nebraska,

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

There are an estimated 24,000 cattle herds in Nebraska that would

be affected by this rule. Ninety-eight 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 herds

affected by this rule, Class Free status would save approximately $4.60

per herd.

Therefore, we believe that changing the brucellosis status of

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

Sec. 78.41 [Amended]

2. In Sec. 78.41, paragraph (a) is amended by adding ``Nebraska,''

immediately after ``Montana,''.

3. In Sec. 78.41, paragraph (b) is amended by removing

``Nebraska,''.

Done in Washington, DC, this 25th day of May 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-13365 Filed 5-30-95; 8:45 am]

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