Brucellosis; State and Area Classification Standards

SUMMARY: We are proposing to amend the brucellosis regulations to

provide for the Administrator to conduct a special review of areas with

fewer than 10,000 herds of cattle or bison in order to determine

whether an area may qualify for Class A brucellosis status. Currently,

the brucellosis regulations provide for such reviews to be conducted at

the State level. Extending the provisions for special review to the

area level would allow areas with a herd infection rate over 0.25

percent, but that might otherwise meet the criteria for Class A status,

to undergo a special review to determine whether Class A status should

be conferred on the area.

DATES: Consideration will be given only to comments received on or

before March 11, 1997.

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

Docket No. 96-090-1, 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. 96-090-1. 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. M.J. Gilsdorf, National

Brucellosis Epidemiologist, Brucellosis Eradication Staff, VS, APHIS,

4700 River Road Unit 36, Riverdale, MD 20737-1228, (301) 734-7708; or

E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a contagious disease affecting animals and humans,

caused by bacteria of the genus Brucella. In its principal animal

hosts, brucellosis is characterized by abortion and impaired fertility.

Through a cooperative State and Federal effort, the United States

is now approaching total eradication of the field strain Brucella

abortus in domestic cattle and bison herds. As of November 30, 1996,

there were only 40 known infected domestic cattle and bison herds, and

the U.S. Department of Agriculture's Animal and Plant Health Inspection

Service (APHIS) had declared 36 States, Puerto Rico, and the U.S.

Virgin Islands free of the disease.

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 (areas) according to the rate of Brucella abortus

infection present and the general effectiveness of the brucellosis

control and eradication program conducted in the State or area. 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 may be

placed under Federal quarantine. At this point in the cooperative

State/Federal brucellosis eradication program, all States have achieved

either Class Free or Class A status; there are no classified areas. (An

``area'' is defined in the regulations as ``that portion of any State

which has a separate brucellosis classification under this part.'')

The definition of ``Class A State or area'' provides, in part, that

for a State or area to qualify for Class A status, no more than 0.25

percent of all herds in the State or area (i.e., 2.5 herds per 1,000

herds) may contain brucellosis reactors during any consecutive 12-month

period. However, those regulations also provide for an exception to be

made to that herd infection rate requirement when a State contains

10,000 or fewer herds. In such cases, the Administrator may conduct a

special review to determine whether a State with such a small herd

population would qualify for Class A status; the location of herds in

the State, sources of brucellosis, and the brucellosis control measures

taken by the State are considered in that review. Based on the results

of the review, the Administrator may determine that the State may be

granted Class A status despite a herd infection rate higher than 0.25

percent. As currently written, this special review exception applies

only to States--no provision is made for a special review of an area

with fewer than 10,000 herds.

In some Class A States where there are only a few remaining

affected herds, it is likely that most of the area within the State

could qualify for Class Free area status. However, the lack of a

special review exception to qualify areas as Class A is deterring the

States from requesting that the brucellosis-free portions of the State

be considered a Class Free area. This is because the remaining area

within the State--i.e., that portion of the State that still contains

affected herds--would likely have its status downgraded from Class A to

Class B or lower because the ratio of affected herds to total herds in

that area would place its herd infection rate above 0.25 percent. Given

that the potentially downgraded area has met the criteria for, and

enjoyed the benefits of, the Class A status held by the State as a

whole, it does not appear reasonable to downgrade that area's status in

the absence of any actual increase in the incidence of brucellosis

within that area.

Therefore, we are proposing to amend the definition of ``Class A

State or area'' to extend the provisions for special review in States

with fewer than 10,000 herds to areas with fewer than 10,000 herds. The

same considerations that factor into the special review of States--

i.e., locations of herds, sources of brucellosis, and brucellosis

control measures--would apply to the special review of areas. Thus, an

area with fewer than 10,000 herds that has a herd infection rate

greater than 0.25 percent, but that might otherwise be eligible for

Class A status, could be the subject of a special review by APHIS. If

the disposition of the herds within that area made the transmission of

brucellosis from affected herds to other herds unlikely, if the sources

of brucellosis infection within the brucellosis-affected herds were

found to not present a threat

[[Page 1407]]

of also infecting other herds, and if the measures taken within the

area to control brucellosis were found to be satisfactory, then the

area could be granted Class A status. We believe that granting an area

Class A status based on the satisfactory outcome of such a review would

not result in an increased likelihood that brucellosis might be spread

to adjacent States or areas, especially given that one of the factors

that would be considered is the measures taken within the area to

control the spread of brucellosis. If those measures were found to be

inadequate, the area would not be granted Class A status.

Miscellaneous

We are also proposing to amend several sections of the regulations

that contain references to cattle without also referring to bison. In

nearly all instances, those general provisions of the regulations that

apply to cattle also apply to bison; however, several definitions in

Sec. 78.1, as well as one sentence in Sec. 78.40 and several sentences

in Sec. 78.44, refer only to cattle when the reference should include

both cattle and bison. We would amend those three sections to rectify

those omissions.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for the purposes of

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

Office of Management and Budget.

This proposed rule would amend the brucellosis regulations to

provide for the Administrator to conduct a special review of areas with

fewer than 10,000 herds of cattle or bison in order to determine

whether an area may qualify for Class A brucellosis status. Extending

the provisions for special review to the area level would allow areas

with a herd infection rate over 0.25 percent, but that might otherwise

meet the criteria for Class A status, to undergo a special review to

determine whether Class A status could be conferred on the area.

This proposed rule would allow the brucellosis status of some parts

of a State to advance without triggering a concomitant decrease in the

brucellosis status of the remaining areas within the State. Thus, the

status quo in terms of testing requirements would be maintained in the

area of the State that maintains Class A status, while testing

requirements would be eased in that portion of the State gaining Class

Free status, which would result in an overall positive economic effect

due to decreased testing costs within the State.

Test-eligible cattle and bison from Class A States or areas must

have a negative blood test for brucellosis within 30 days prior to

movement to be moved to a Class Free State or area. If a portion of a

State were to qualify as a Class Free area and the remaining area

within the State retained Class A status, the regulations would allow

breeding cattle and bison to be moved from the Class Free area of the

State to herds in Class Free States without prior testing for

brucellosis. Therefore, cattle and bison owners in that portion of a

State that qualified as a Class Free area would collectively realize a

savings in testing expenses, which is, on average, approximately $5.00

per head. The testing requirements for the movement of cattle and bison

from the Class A area of the State would remain the same, so there

would be neither an increase nor a decrease in testing costs for cattle

and bison owners within the Class A area.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

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 proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. If this proposed rule is adopted: (1) All State

and local laws and regulations that are in conflict with this rule will

be preempted; (2) no retroactive effect will be given to this rule; and

(3) administrative proceedings will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This rule contains no new information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

Regulatory Reform

This action is part of the President's Regulatory Reform

Initiative, which, among other things, directs agencies to remove

obsolete and unnecessary regulations and to find less burdensome ways

to achieve regulatory goals.

List of Subjects in 9 CFR Part 78

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

recordkeeping requirements, Transportation.

Accordingly, 9 CFR part 78 would be amended as follows:

PART 78--BRUCELLOSIS

1. The authority citation for part 78 would continue 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 371.2(d).

2. Section 78.1 would be amended as follows:

Sec. 78.1 [Amended]

a. In the definition of Certificate, paragraph (a), the second

sentence, by adding the words ``or bison'' immediately after the word

``cattle''.

b. In the definition of Class A State or area:

i. In paragraph (a)(3), by adding the words ``or bison''

immediately after the word ``cattle'' each time it appears;

ii. In paragraph (b)(1), the first sentence, by removing the word

``cattle'' and by adding the words ``or areas'' after the words

``except in States'';

iii. In paragraph (b)(1), the second sentence, by adding the words

``or areas'' after the word ``States''; and

iv. In paragraph (b)(1), the third sentence, by adding the words

``or area'' after the word ``State''.

c. In the definition of Class B State or area, paragraph (a)(3), by

adding the words ``or bison'' immediately after the word ``cattle''

each time it appears; and in paragraph (b)(1), the first sentence, by

removing the word ``cattle''.

d. In the definition of Class C State or area, paragraph (a)(3), by

adding the words ``or bison'' immediately after the word ``cattle''

each time it appears; and in paragraph (b)(1), the first sentence, by

removing the word ``cattle''.

e. In the definition of Class Free State or area, in paragraph

(a)(3), by adding the words ``or bison'' immediately after the word

``cattle'' each time it appears; and in paragraph (b)(1), by removing

the word ``cattle'' both times it appears.

f. By revising the heading and definition of Market cattle

identification test cattle to read as set forth below.

g. In the definition of Official brand inspection certificate, by

adding the words ``or bison'' immediately after the word ``cattle''.

h. In the definition of Official brand recording agency, by adding

the words ``or bison'' immediately after the word ``cattle''.

i. In the definition of Originate, paragraph (c), by adding the

words ``or

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bison'' immediately after the word ``cattle'' both times it appears.

j. In the definition of Permit for entry, by adding the words ``or

bison'' immediately after the word ``cattle''.

Sec. 78.1 Definitions.

* * * * *

Market cattle identification test cattle and bison. Cows and bulls

2 years of age or over that have been moved to recognized slaughtering

establishments, and test-eligible cattle and bison that are subjected

to an official test for the purposes of movement at farms, ranches,

auction markets, stockyards, quarantined feedlots, or other assembly

points. Such cattle and bison shall be identified by an official eartag

and/or United States Department of Agriculture backtag prior to or at

the first market, stockyard, quarantined feedlot, or slaughtering

establishment they reach.

* * * * *

Sec. 78.40 [Amended]

3. In Sec. 78.40, paragraph (c) would be amended by adding the

words ``and bison'' immediately after the word ``cattle''.

Sec. 78.44 [Amended]

4. Section 78.44 would be amended as follows:

a. In paragraph (c), in paragraph (9) of the Agreement, by adding

the words ``and bison'' immediately after the word ``cattle''.

b. In paragraph (c), in paragraph (10) of the Agreement, by adding

the words ``and bison'' immediately after the words ``of cattle''; by

adding the words ``or bison'' immediately after the words ``test-

eligible cattle''; and by adding the words ``or bison'' immediately

after the words ``other cattle''.

c. In paragraph (c), in paragraph (11) of the Agreement, by adding

the words ``and bison'' immediately after the words ``of cattle''; by

adding the words ``or bison'' immediately after the words ``test-

eligible cattle''; and by adding the words ``or bison'' immediately

after the words ``other cattle''.

d. In paragraph (c), in paragraph (12) of the Agreement, by adding

the words ``and bison'' immediately after the words ``of cattle''; by

adding the words ``or bison'' immediately after the words ``test-

eligible cattle''; and by adding the words ``or bison'' immediately

after the words ``other cattle''.

e. In paragraph (c), in paragraph (13) of the Agreement, by adding

the words ``or bison'' immediately after the word ``cattle'' both times

it appears.

f. In paragraph (d), in paragraph (9) of the Agreement, by adding

the words ``and bison'' immediately after the word ``cattle''.

g. In paragraph (d), in paragraph (10) of the Agreement, by adding

the words ``and bison'' immediately after the words ``of cattle''; by

adding the words ``or bison'' immediately after the words ``test-

eligible cattle''; and by adding the words ``or bison'' immediately

after the words ``other cattle''.

h. In paragraph (d), in paragraph (11) of the Agreement, by adding

the words ``and bison'' immediately after the words ``of cattle''; by

adding the words ``or bison'' immediately after the words ``test-

eligible cattle''; and by adding the words ``or bison'' immediately

after the words ``other cattle''.

i. In paragraph (d), in paragraph (12) of the Agreement, by adding

the words ``and bison'' immediately after the words ``of cattle''; by

adding the words ``or bison'' immediately after the words ``test-

eligible cattle''; and by adding the words ``or bison'' immediately

after the words ``other cattle''.

j. In paragraph (d), in paragraph (13) of the Agreement, by adding

the words ``or bison'' immediately after the word ``cattle'' both times

it appears.

Done in Washington, DC, this 7th day of January 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-624 Filed 1-9-97; 8:45 am]

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