[Federal Register Volume 69, Number 222 (Thursday, November 18, 2004)]
[Rules and Regulations]
[Pages 67501-67503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25600]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / 
Rules and Regulations

[[Page 67501]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. 04-103-1]


Brucellosis in Swine; Add Arkansas, Louisiana, and Michigan 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 Arkansas, Louisiana, and 
Michigan to the list of validated brucellosis-free States. We have 
determined that Louisiana and Arkansas meet the criteria for 
classification as validated brucellosis-free States. We are also adding 
Michigan to the list of validated brucellosis-free States as it is 
currently considered a validated brucellosis-free State, but was 
inadvertently omitted from the list. This action relieves certain 
restrictions on the interstate movement of breeding swine from Arkansas 
and Louisiana and confirms Michigan's current status as a validated 
brucellosis-free State.

DATES: This interim rule is effective on November 18, 2004. We will 
consider all comments that we receive on or before January 18, 2005.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
    <bullet> Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 04-103-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 04-103-1.
    <bullet> E-mail: Address your comment to 
<a href="/cdn-cgi/l/email-protection#c9bbacaebca5a8bda0a6a7ba89a8b9a1a0bae7bcbaada8e7aea6bf"><span class="__cf_email__" data-cfemail="3c4e595b49505d485553524f7c5d4c54554f12494f585d125b534a">[email protected]</span></a>. Your comment must be contained in the body 
of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 04-103-1'' on the subject 
line.
    <bullet> Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    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: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. John Korslund, Staff Veterinarian 
(Swine Health), Eradication and Surveillance Team, National Center for 
Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, 
MD 20737-1231; (301) 734-5914.

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 Arkansas, 
Louisiana, and Michigan. 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 their brucellosis program records, we have 
concluded that Arkansas and Louisiana meet the criteria for 
classification as validated brucellosis-free States. Therefore, we are 
adding Arkansas and Louisiana 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 Louisiana and Arkansas.
    We are also adding Michigan to the list of validated brucellosis-
free States. In practice, Michigan is already being

[[Page 67502]]

treated as a validated brucellosis-free State, as that State was 
previously determined to meet the criteria for classification as a 
validated brucellosis-free State. However, following that 
determination, we inadvertently neglected to add Michigan to the list 
in Sec.  78.43. We are therefore correcting this omission by adding 
Michigan to the list of validated brucellosis-free States.

Immediate Action

    Immediate action is warranted to remove restrictions that are no 
longer necessary on the interstate movement of swine from Louisiana and 
Arkansas, as well as to confirm Michigan's current status as a 
validated brucellosis-free State. 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 rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    We are amending the brucellosis regulations concerning the 
interstate movement of swine by adding Arkansas, Louisiana, and 
Michigan to the list of validated brucellosis-free States. As of 
January 1, 2004, 45 States, plus Puerto Rico and the U.S. Virgin 
Islands, were classified as validated brucellosis-free States. The 
States of Arkansas and Louisiana have been classified as Stage II 
States, but now meet the requirements for being listed as Stage III 
(validated brucellosis-free) States. Michigan is already considered a 
validated brucellosis-free State, but was inadvertently omitted from 
the list of validated brucellosis-free States in the regulations.
    In 2003, there were approximately 1,000 hog and pig operations in 
Arkansas, with a total of 310,000 swine. The average value per head of 
swine in Arkansas was $64 with a reported cash value of approximately 
$19.8 million. In the same year, there were approximately 580 hog and 
pig operations in Louisiana, with a total of 20,000 swine. The average 
value per head of swine in Louisiana was $71 with a reported cash value 
of approximately $1.42 million. Arkansas and Louisiana, combined, 
account for less than 1 percent of the total value of hogs and pigs 
produced in the United States. The small business size standards for 
hogs and pigs, as identified by the Small Business Administration using 
North American Industry Classification System codes, is $750,000 or 
less in annual receipts. It is estimated that 74 percent of the hog and 
pig operations in Arkansas and nearly 100 percent of the hog and pig 
operations in Louisiana are small businesses.
    This interim rule will grant swine producers in Arkansas and 
Louisiana validated brucellosis-free status. The rule will benefit 
breeding stock owners who will no longer have to incur the cost of 
brucellosis testing on sows and other breeding stock. The estimated 
cost of brucellosis testing ranges from $7.50 to $15 per animal, which 
includes veterinary and handling fees. Breeding stock was estimated at 
79,079 swine and 4,062 swine for Arkansas and Louisiana, respectively. 
It is estimated that the proportion of hogs and pigs used or to be used 
for breeding by small entities is approximately 57.8 percent and 100 
percent of the total breeding stock in Arkansas and Louisiana, 
respectively. The estimated number of hogs and pigs used or to be used 
for breeding purposes by small entities in Arkansas is 45,708 swine; 
the total cost savings for small entities in Arkansas would range from 
$342,810 to $685,620 if all those swine were to be moved interstate. 
The estimated number of hogs and pigs used or to be used for breeding 
purposes by small entities in Louisiana is 4,062 swine; the total cost 
savings for small entities in Louisiana would range from $30,465 to 
$60,930 if all those swine were to be moved interstate.
    As of October 2004, the national average value of a sow was $207 
per head. Thus, cost savings associated with suspending brucellosis 
testing for breeding swine to be moved interstate from Arkansas and 
Louisiana is roughly between 3.6 and 7.2 percent of the value of the 
animal.
    Arkansas and Louisiana have been classified as Stage II States 
requiring annual testing of the breeding stock in its swine operations. 
However, Arkansas and Louisiana have met the requirements to be listed 
as validated brucellosis-free States. Michigan, currently considered a 
validated brucellosis-free State, is currently not listed in the 
regulations due to an oversight. This interim rule reclassifies 
Arkansas, Louisiana, and Michigan as validated brucellosis-free States. 
The change in the status of Arkansas and Louisiana would lead to cost 
savings to the breeding segment of swine production ranging from 3.6 to 
7.2 percent of the value of the breeding herd if all breeding swine 
were to be moved interstate. APHIS does not expect cost savings of this 
magnitude to have a significant economic impact on affected small 
entity producers. The interim rule will have no effect on Michigan, as 
it has already been operating as a validated brucellosis-free State. 
This rule will not result in any additional costs for affected small 
entities.
    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 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.

0
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 
words,

[[Page 67503]]

``Arkansas,'' ``Louisiana,'' and ``Michigan,''.

    Done in Washington, DC, this 12th day of November 2004.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-25600 Filed 11-17-04; 8:45 am]
BILLING CODE 3410-34-P


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