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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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

28885 

Vol. 76, No. 97 

Thursday, May 19, 2011 

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. 

SUMMARY: We are amending the 

brucellosis regulations concerning the 

interstate movement of swine by adding 

Texas to the list of validated brucellosisfree States. We have determined that 

Texas meets the criteria for 

classification as a validated brucellosisfree 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=APHIS2011-0005 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 § 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 brucellosisinfected 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 brucellosisfree State. Therefore, we are adding 

Texas to the list of validated brucellosisfree States in § 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 

WReier-Aviles on DSKGBLS3C1PROD with RULES

28886 Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Rules and Regulations 

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 

■ 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. 

§ 78.43 [Amended] 

■ 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 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 95 

[Docket No. APHIS–2006–0113] 

RIN 0579–AC11 

Importation of Swine Hides and Skins, 

Bird Trophies, and Ruminant Hides 

and Skins; Technical Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

December 15, 2009, and effective on 

January 14, 2010, we amended the 

regulations governing the importation of 

animal byproducts to, among other 

things, provide specific conditions 

under which deer and other ruminant 

hides and skins from Mexico could be 

imported into the United States in order 

to protect U.S. livestock from the 

introduction of bovine babesiosis. It was 

our intent to indicate that deer and 

ruminant hides and skins from Mexico 

may not go to an approved 

establishment upon importation into the 

United States rather than comply with 

the specific conditions established in 

the final rule. This document corrects 

that error. 

DATES: Effective Date: May 19, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Tracye Butler, Senior Staff Veterinarian, 

Technical Trade Services, National 

Center for Import and Export, VS, 

APHIS, 4700 River Road, Unit 39, 

Riverdale, MD 20737–1231; (301) 734– 

7476. 

SUPPLEMENTARY INFORMATION: 

Background 

In a final rule that was published in 

the Federal Register on December 15, 

2009 (74 FR 66222–66227, Docket No. 

APHIS–2006–0113), and effective on 

January 14, 2010, we amended the 

regulations governing the importation of 

animal byproducts to, among other 

things, provide specific conditions 

under which deer and other ruminant 

hides and skins from Mexico could be 

imported into the United States in order 

to protect U.S. livestock from the 

introduction of bovine babesiosis. 

In the final rule, we added provisions 

for the importation of ruminant hides 

and skins from Mexico to § 95.5. We 

provided that hides and skins from 

Mexico may enter the United States 

without other restriction if they are hard 

dried (paragraph (a)(2)); have been 

pickled in a solution of salt containing 

mineral acid which has a pH of less 

than or equal to 5 and placed in 

containers while wet (paragraph (a)(4)); 

or have been treated with lime so as to 

have become dehaired and ready for 

preparation into rawhide products 

(paragraph (a)(5)). 

In order to address the specific risk to 

U.S. livestock of bovine babesiosis, we 

are amending paragraph (b)(1) of § 95.5 

to add the statement that ruminant 

hides and skins from Mexico must also 

be free of ticks in addition to having 

been subjected to any one of the 

treatments specified in paragraphs 

(a)(2), (a)(4), or (a)(5) of § 95.5. 

Hides and skins from Mexico may 

also enter the United States without 

other restriction if they are found to 

have been frozen solid for 24 hours 

upon inspection by an inspector or are 

accompanied by a certificate attesting to 

that fact issued by the shipper or 

importer and are free from ticks; are free 

from ticks and are accompanied by a 

certificate issued by a full-time salaried 

veterinary officer of the Government of 

Mexico stating that they have been 

treated with an acaricide; or are bovine 

hides taken from cattle that were 

subjected to a tickicidal dip in one of 

the permitted dips at a Mexican facility 

7 to 12 days prior to slaughter, and are 

free from ticks. These requirements are 

intended to protect U.S. livestock from 

the introduction of bovine babesiosis. 

The introductory text of § 95.5 

provides that untanned hides and skins 

and bird trophies may be imported into 

the United States if they meet the 

requirements of that section or are 

handled at an approved establishment 

as set forth in § 95.6. Our final rule 

should have indicated that ruminant 

hides and skins from Mexico may not be 

handled at approved establishments 

because of the risk of the hides and 

skins being infested with ticks carrying 

bovine babesiosis. Since the publication 

of the final rule, we have not authorized 

any approved establishments to receive 

ruminant hides and skins from Mexico. 

Therefore, we are amending the 

introductory text of § 95.5 so that it 

clearly states that ruminant hides and 

skins from Mexico that do not meet the 

requirements of § 95.5 are not eligible 

for importation for handling at an 

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