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[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Rules and Regulations]
[Pages 28885-28886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12320]

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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Rules 
and Regulations

[[Page 28885]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. APHIS-2011-0005]

Brucellosis in Swine; Add Texas to List of Validated Brucellosis-
Free States

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 Texas to the list of validated 
brucellosis-free States. We have determined that Texas meets the 
criteria for classification as a validated brucellosis-free State. This 
action relieves certain restrictions on the interstate movement of 
breeding swine from Texas.

DATES: This interim rule is effective on May 19, 2011. We will consider 
all comments that we receive on or before July 18, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2011-0005 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2011-0005, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2011-0005.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Troy Bigelow, Swine Health 
Programs, Aquaculture, Swine, Equine, and Poultry Programs, National 
Center for Animal Health Programs, VS, APHIS, 210 Walnut Street, Room 
891, Des Moines, IA 50309; (515) 284-4121.

SUPPLEMENTARY INFORMATION: 

Background

    Brucellosis is a contagious disease caused by bacteria of the genus 
Brucella. The disease mainly affects cattle, bison, and swine, but 
goats, sheep, horses, and even humans are susceptible. In its principal 
animal hosts, it causes loss of young through spontaneous abortion or 
birth of weak offspring, reduced milk production, and infertility. 
There is no economically feasible treatment for brucellosis in 
livestock. In humans, brucellosis initially causes flu-like symptoms, 
but the disease may develop into a variety of chronic conditions, 
including arthritis. Humans can be treated for brucellosis with 
antibiotics.
    The brucellosis regulations in 9 CFR part 78 (referred to below as 
the regulations) contain specific provisions for cattle, bison, and 
swine. Under the regulations, States, herds, and individual animals are 
classified according to their brucellosis status. Interstate movement 
requirements for animals are based upon the disease status of the 
individual animals or the herd or State from which the animal 
originates.
    We are amending Sec.  78.43 of the regulations, which lists 
validated swine brucellosis-free States, to include Texas. A State may 
apply for validated brucellosis-free status when:
     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
     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 the State's brucellosis program records, we have 
concluded that Texas meets the criteria for classification as a 
validated brucellosis-free State. Therefore, we are adding Texas to the 
list of validated brucellosis-free States in Sec.  78.43. This action 
relieves certain restrictions on the interstate movement of breeding 
swine from Texas.

Immediate Action

    Immediate action is warranted to remove restrictions that are no 
longer necessary on the interstate movement of swine from Texas. Under 
these circumstances, the Administrator has determined that prior notice 
and opportunity for public comment are contrary to the public interest 
and that there is good cause under 5 U.S.C. 553 for making this action 
effective less than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). 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.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. The full analysis may be viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing

[[Page 28886]]

Regulations.gov) or obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT.
    The interim rule will benefit Texas swine producers who sell non-
slaughter boars and sows interstate (other than those Texas swine farms 
that already have validated brucellosis-free herds). They will be able 
to forgo testing costs that are equivalent to between 1 and 2 percent 
of the average value of a breeding sow. The extent to which a 
particular operation will benefit from the interim rule will depend 
upon the number of non-slaughter sows and boars moved interstate.
    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) Has no retroactive effect and (2) 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

0
1. The authority citation for part 78 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

Sec.  78.43  [Amended]

0
2. Section 78.43 is amended by adding, in alphabetical order, the word 
``Texas,''.

    Done in Washington, DC, this 13th day of May 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-12320 Filed 5-18-11; 8:45 am]
BILLING CODE 3410-34-P
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