Brucellosis in Cattle; State and Area Classifications; Kansas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 99-051-1]

Brucellosis in Cattle; State and Area Classifications; Kansas

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 Kansas

from Class A to Class Free. We have determined that Kansas meets the

standards for Class Free status. This action relieves certain

restrictions on the interstate movement of cattle from Kansas.

DATES: This interim rule was effective July 1, 1999. We invite you to

comment on this docket. We will consider all comments that we receive

by September 7, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-

051-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 99-051-1.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue, SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Valerie Ragan, Senior Staff

Veterinarian, National Animal Health Programs, VS,

[[Page 36776]]

APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231; (301) 734-

7708; or e-mail: Valerie.E.R[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

reactor cases 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, Kansas 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 Kansas, we have

concluded that this State meets the standards for Class Free status.

Therefore, we are removing Kansas 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 Kansas.

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 Kansas.

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 this

action 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. The document 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

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

reducing certain testing and other requirements governing the

interstate movement of cattle from this 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 Kansas,

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

There are an estimated 37,000 cattle herds in Kansas that will be

affected by this rule. About 98 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 animals

affected by this rule, Class Free status would save approximately $4

per head.

Therefore, we believe that changing the brucellosis status of

Kansas will not have a significant economic effect 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 12988

This interim 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 interim 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, we are amending 9 CFR part 78 as follows:

PART 78--BRUCELLOSIS

1. The authority citation for part 78 continues to read as follows:

[[Page 36777]]

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 adding ``Kansas,''

immediately after ``Iowa,''.

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

Done in Washington, DC, this 1st day of July 1999.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-17357 Filed 7-7-99; 8:45 am]

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