Brucellosis in Cattle; State and Area Classifications; Louisiana

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 98-068-1]

Brucellosis in Cattle; State and Area Classifications; Louisiana

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

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

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

imposes certain restrictions on the interstate movement of cattle from

Louisiana.

DATES: Interim rule effective June 16, 1998. Consideration will be

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

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

Docket No. 98-068-1, 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. 98-068-1. 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. R.T. Rollo, Jr., Staff

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

Road Unit 43, Riverdale, MD 20737-1231, (301) 734-7709; or e-mail:

[email protected].

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, Louisiana was

classified as a Class Free State because there had been no known

brucellosis in cattle in Louisiana for at least 12 consecutive months.

However, as of May of 1998, two cattle herds in Louisiana were

identified as 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 at least 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 a

source herd or recipient herd.

After reviewing the brucellosis program records for Louisiana, we

have concluded that this State meets the standards for Class A status.

Therefore, we are removing Louisiana 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 imposes certain restrictions on

the interstate movement of cattle from Louisiana.

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 signature. 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.

Cattle moved interstate are moved for slaughter, for use as

breeding stock, or for feeding. Changing the brucellosis status of

Louisiana 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

Louisiana, as well as buyers and importers of cattle from this State.

There are an estimated 18,000 cattle herds in Louisiana that will

be affected by this rule. Over 95 percent of these are owned by small

entities. Test-eligible cattle offered for sale interstate from other

than certified brucellosis-free herds must be tested for brucellosis

under Class A status regulations, but not under regulations concerning

Class Free status. If such testing were distributed equally among all

animals affected by this rule, the change to Class A status would cost

approximately $4 per head.

Therefore, we believe that changing the brucellosis status of

Louisiana will 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.)

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Executive Order 12988

This rule has 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 Subject 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. 78.41 [Amended]

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

``Louisiana,''.

3. In Sec. 78.41, paragraph (b) is amended by adding ``Louisiana,''

immediately before ``Mississippi,''.

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

Charles Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-16749 Filed 6-23-98; 8:45 am]

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