Validated Brucellosis-Free States; Oklahoma

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 98-061-1]

Validated Brucellosis-Free States; Oklahoma

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 swine by adding Oklahoma to the list of

validated brucellosis-free States. We have determined that Oklahoma

meets the criteria for classification as a validated brucellosis-free

State. This action relieves certain restrictions on the interstate

movement of breeding swine from Oklahoma.

DATES: Interim rule effective June 24, 1998. Consideration will be

given only to comments received on or before August 24, 1998.

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

Docket No. 98-061-1, 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. 98-061-1. 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. Arnold Taft, Senior Staff

Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River

Road Unit 43, Riverdale, MD 20737-1231, (301) 734-4916.

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),

prescribe conditions for the interstate movement of cattle, bison, and

swine.

Under the swine brucellosis regulations, States, herds, and

individual animals are classified according to their brucellosis

status. Interstate movement requirements for swine are based upon the

disease status of the individual animal or the herd or State from which

the animal originates.

We are amending Sec. 78.43 of the regulations, which lists

validated brucellosis-free States, to include Oklahoma. A State may

apply for validated brucellosis-free status when: (1) Any herd found to

have swine brucellosis during the 2-year qualification period preceding

the application has been depopulated. More than one finding of a swine

brucellosis-infected herd during the qualification period disqualifies

the State from validation as brucellosis-free; and (2) during the 2-

year qualification period, the State has completed surveillance,

annually, by either complete herd testing, market swine testing, or

statistical analysis.

Breeding swine originating from a validated brucellosis-free State

or herd may be moved interstate without having been tested with an

official test for brucellosis within 30 days prior to interstate

movement, which would otherwise be required.

After reviewing its brucellosis program records, we have concluded

that Oklahoma meets the criteria for classification as a validated

brucellosis-free State. Therefore, we are adding Oklahoma to the list

of States in Sec. 78.43. This action relieves certain restrictions on

the interstate movement of breeding swine from Oklahoma.

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 swine from Oklahoma.

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 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.

This action removes the requirement that breeding swine be tested

for brucellosis prior to movement interstate from Oklahoma.

Ninety-nine percent of swine herd producers in Oklahoma are small

businesses (defined by the Small Business Administration as having

annual gross receipts of less than $500,000). Currently, these small

producers have about 100,000 adult swine tested annually for

brucellosis, at a cost to producers of approximately $5 per test. We

are not able to determine exactly how many of these tests are

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performed for the purpose of certifying breeding swine for movement

interstate, but we estimate the number to be small.

We anticipate, therefore, that this action will have a minimal

positive economic impact, if any, on swine producers in Oklahoma.

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 12988

This rule has been reviewed under Executive Order 12988, 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 rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (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 2.22, 2.80, and 371.2(d).

Sec. 78.43 [Amended]

2. Section 78.43 is amended by adding ``Oklahoma,'' immediately

after ``Ohio''.

Done in Washington, DC, this 16th day of June 1998.

Charles Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-16748 Filed 6-23-98; 8:45 am]

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