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 week.

Rules and Regulations Federal Register

75581

Vol. 65, No. 233

Monday, December 4, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 00–103–1]

Brucellosis in Cattle; State and Area

Classifications; South Dakota

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 cattle by

changing the classification of South

Dakota from Class A to Class Free. We

have determined that South Dakota

meets the standards for Class Free

status. This action relieves certain

restrictions on the interstate movement

of cattle from South Dakota.

DATES: This interim rule was effective

December 4, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by February 2, 2001.

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 00–103–1,

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. 00–103–1.

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 dockets, 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,

APHIS, 4700 River Road Unit 43,

Riverdale, MD 20737–1231; (301) 734–

7708.

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 A and Class B 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 percentage 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, South Dakota 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

consecutive 12-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.

The last brucellosis-infected cattle

herd in South Dakota was released from

quarantine in December of 1990. Since

then, South Dakota has remained a Class

A State due to the presence of a

privately owned brucellosis-affected

bison herd. An intensive plan for

management of brucellosis within this

affected herd was set forth in January of

1999, with a goal of releasing the herd

from quarantine in November 2000. The

herd was officially released from

quarantine on October 31, 2000.

After reviewing the brucellosis

program records for South Dakota, we

have concluded that this State meets the

standards for Class Free status.

Therefore, we are removing South

Dakota from the list of Class A States in

§ 78.41(b) and adding it to the list of

Class Free States in § 78.41(a). This

action relieves certain restrictions on

moving cattle interstate from South

Dakota.

Immediate Action

Immediate action is warranted to

remove unnecessary restrictions on the

interstate movement of cattle from

South Dakota. Under these

circumstances, the Administrator has

determined that prior notice and

75582 Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Rules and Regulations

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 rule effective less than

30 days after publication in the Federal

Register.

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 South Dakota 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 South Dakota, as well

as buyers and importers of cattle from

this State.

There are an estimated 18,300 cattle

herds in South Dakota that will be

affected by this rule. About 99 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 South Dakota

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:

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 371.4.

§ 78.41 [Amended]

2. Section 78.41 is amended as

follows:

a. In paragraph (a), by adding ‘‘South

Dakota,’’ in alphabetical order.

b. In paragraph (b), by removing

‘‘South Dakota,’’.

Done in Washington, DC, this 28th day of

November 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–30764 Filed 12–1–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–377–AD; Amendment

39–12014; AD 2000–24–07]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 747

series airplanes, that requires

inspections to detect cracking of the

frame web, doubler, and inner chord of

the forward edge frame of main entry

door number 1, and various follow-on

actions. This amendment is prompted

by reports of cracking in the frame web,

doubler, inner chord, and strap of the

forward edge frame of main entry door

number 1. The actions specified by this

AD are intended to prevent cracks in the

frame web and doubler of the forward

edge frame of main entry door number

1, which could result in inability of the

edge frame to react door stop loads, and

consequent rapid depressurization of

the airplane.

DATES: Effective January 8, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 8,

2001.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rick

Kawaguchi, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–1153; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Boeing

Model 747 series airplanes was

published in the Federal Register on