This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

1406

Vol. 62, No. 7

Friday, January 10, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 96–090–1]

Brucellosis; State and Area

Classification Standards

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the brucellosis regulations to provide for

the Administrator to conduct a special

review of areas with fewer than 10,000

herds of cattle or bison in order to

determine whether an area may qualify

for Class A brucellosis status. Currently,

the brucellosis regulations provide for

such reviews to be conducted at the

State level. Extending the provisions for

special review to the area level would

allow areas with a herd infection rate

over 0.25 percent, but that might

otherwise meet the criteria for Class A

status, to undergo a special review to

determine whether Class A status

should be conferred on the area.

DATES: Consideration will be given only

to comments received on or before

March 11, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–090–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 96–090–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

M.J. Gilsdorf, National Brucellosis

Epidemiologist, Brucellosis Eradication

Staff, VS, APHIS, 4700 River Road Unit

36, Riverdale, MD 20737–1228, (301)

734–7708; or E-mail:

mgilsdorf@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a contagious disease

affecting animals and humans, caused

by bacteria of the genus Brucella. In its

principal animal hosts, brucellosis is

characterized by abortion and impaired

fertility.

Through a cooperative State and

Federal effort, the United States is now

approaching total eradication of the

field strain Brucella abortus in domestic

cattle and bison herds. As of November

30, 1996, there were only 40 known

infected domestic cattle and bison

herds, and the U.S. Department of

Agriculture’s Animal and Plant Health

Inspection Service (APHIS) had

declared 36 States, Puerto Rico, and the

U.S. Virgin Islands free of the disease.

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

(areas) according to the rate of Brucella

abortus infection present and the

general effectiveness of the brucellosis

control and eradication program

conducted in the State or area. 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 may be placed under Federal

quarantine. At this point in the

cooperative State/Federal brucellosis

eradication program, all States have

achieved either Class Free or Class A

status; there are no classified areas. (An

‘‘area’’ is defined in the regulations as

‘‘that portion of any State which has a

separate brucellosis classification under

this part.’’)

The definition of ‘‘Class A State or

area’’ provides, in part, that for a State

or area to qualify for Class A status, no

more than 0.25 percent of all herds in

the State or area (i.e., 2.5 herds per

1,000 herds) may contain brucellosis

reactors during any consecutive 12-

month period. However, those

regulations also provide for an

exception to be made to that herd

infection rate requirement when a State

contains 10,000 or fewer herds. In such

cases, the Administrator may conduct a

special review to determine whether a

State with such a small herd population

would qualify for Class A status; the

location of herds in the State, sources of

brucellosis, and the brucellosis control

measures taken by the State are

considered in that review. Based on the

results of the review, the Administrator

may determine that the State may be

granted Class A status despite a herd

infection rate higher than 0.25 percent.

As currently written, this special review

exception applies only to States—no

provision is made for a special review

of an area with fewer than 10,000 herds.

In some Class A States where there

are only a few remaining affected herds,

it is likely that most of the area within

the State could qualify for Class Free

area status. However, the lack of a

special review exception to qualify areas

as Class A is deterring the States from

requesting that the brucellosis-free

portions of the State be considered a

Class Free area. This is because the

remaining area within the State—i.e.,

that portion of the State that still

contains affected herds—would likely

have its status downgraded from Class

A to Class B or lower because the ratio

of affected herds to total herds in that

area would place its herd infection rate

above 0.25 percent. Given that the

potentially downgraded area has met

the criteria for, and enjoyed the benefits

of, the Class A status held by the State

as a whole, it does not appear

reasonable to downgrade that area’s

status in the absence of any actual

increase in the incidence of brucellosis

within that area.

Therefore, we are proposing to amend

the definition of ‘‘Class A State or area’’

to extend the provisions for special

review in States with fewer than 10,000

herds to areas with fewer than 10,000

herds. The same considerations that

factor into the special review of States—

i.e., locations of herds, sources of

brucellosis, and brucellosis control

measures—would apply to the special

review of areas. Thus, an area with

fewer than 10,000 herds that has a herd

infection rate greater than 0.25 percent,

but that might otherwise be eligible for

Class A status, could be the subject of

a special review by APHIS. If the

disposition of the herds within that area

made the transmission of brucellosis

from affected herds to other herds

unlikely, if the sources of brucellosis

infection within the brucellosis-affected

herds were found to not present a threat
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Proposed Rules 1407

of also infecting other herds, and if the

measures taken within the area to

control brucellosis were found to be

satisfactory, then the area could be

granted Class A status. We believe that

granting an area Class A status based on

the satisfactory outcome of such a

review would not result in an increased

likelihood that brucellosis might be

spread to adjacent States or areas,

especially given that one of the factors

that would be considered is the

measures taken within the area to

control the spread of brucellosis. If

those measures were found to be

inadequate, the area would not be

granted Class A status.

Miscellaneous

We are also proposing to amend

several sections of the regulations that

contain references to cattle without also

referring to bison. In nearly all

instances, those general provisions of

the regulations that apply to cattle also

apply to bison; however, several

definitions in §78.1, as well as one

sentence in §78.40 and several

sentences in §78.44, refer only to cattle

when the reference should include both

cattle and bison. We would amend those

three sections to rectify those omissions.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be not

significant for the purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget.

This proposed rule would amend the

brucellosis regulations to provide for the

Administrator to conduct a special

review of areas with fewer than 10,000

herds of cattle or bison in order to

determine whether an area may qualify

for Class A brucellosis status. Extending

the provisions for special review to the

area level would allow areas with a herd

infection rate over 0.25 percent, but that

might otherwise meet the criteria for

Class A status, to undergo a special

review to determine whether Class A

status could be conferred on the area.

This proposed rule would allow the

brucellosis status of some parts of a

State to advance without triggering a

concomitant decrease in the brucellosis

status of the remaining areas within the

State. Thus, the status quo in terms of

testing requirements would be

maintained in the area of the State that

maintains Class A status, while testing

requirements would be eased in that

portion of the State gaining Class Free

status, which would result in an overall

positive economic effect due to

decreased testing costs within the State.

Test-eligible cattle and bison from

Class A States or areas must have a

negative blood test for brucellosis

within 30 days prior to movement to be

moved to a Class Free State or area. If

a portion of a State were to qualify as

a Class Free area and the remaining area

within the State retained Class A status,

the regulations would allow breeding

cattle and bison to be moved from the

Class Free area of the State to herds in

Class Free States without prior testing

for brucellosis. Therefore, cattle and

bison owners in that portion of a State

that qualified as a Class Free area would

collectively realize a savings in testing

expenses, which is, on average,

approximately $5.00 per head. The

testing requirements for the movement

of cattle and bison from the Class A area

of the State would remain the same, so

there would be neither an increase nor

a decrease in testing costs for cattle and

bison owners within the Class A area.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action would 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 proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. If this proposed rule is

adopted: (1) All State and local laws and

regulations that are in conflict with this

rule will be preempted; (2) no

retroactive effect will be given to this

rule; and (3) administrative proceedings

will not be required before parties may

file suit in court challenging this rule.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

Regulatory Reform

This action is part of the President’s

Regulatory Reform Initiative, which,

among other things, directs agencies to

remove obsolete and unnecessary

regulations and to find less burdensome

ways to achieve regulatory goals.

List of Subjects in 9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 9 CFR part 78 would be

amended as follows:

PART 78—BRUCELLOSIS

1. The authority citation for part 78

would continue 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 371.2(d).

2. Section 78.1 would be amended as

follows:

§ 78.1 [Amended]

a. In the definition of Certificate,

paragraph (a), the second sentence, by

adding the words ‘‘or bison’’

immediately after the word ‘‘cattle’’.

b. In the definition of Class A State or

area:

i. In paragraph (a)(3), by adding the

words ‘‘or bison’’ immediately after the

word ‘‘cattle’’ each time it appears;

ii. In paragraph (b)(1), the first

sentence, by removing the word ‘‘cattle’’

and by adding the words ‘‘or areas’’ after

the words ‘‘except in States’’;

iii. In paragraph (b)(1), the second

sentence, by adding the words ‘‘or

areas’’ after the word ‘‘States’’; and

iv. In paragraph (b)(1), the third

sentence, by adding the words ‘‘or area’’

after the word ‘‘State’’.

c. In the definition of Class B State or

area, paragraph (a)(3), by adding the

words ‘‘or bison’’ immediately after the

word ‘‘cattle’’ each time it appears; and

in paragraph (b)(1), the first sentence, by

removing the word ‘‘cattle’’.

d. In the definition of Class C State or

area, paragraph (a)(3), by adding the

words ‘‘or bison’’ immediately after the

word ‘‘cattle’’ each time it appears; and

in paragraph (b)(1), the first sentence, by

removing the word ‘‘cattle’’.

e. In the definition of Class Free State

or area, in paragraph (a)(3), by adding

the words ‘‘or bison’’ immediately after

the word ‘‘cattle’’ each time it appears;

and in paragraph (b)(1), by removing the

word ‘‘cattle’’ both times it appears.

f. By revising the heading and

definition of Market cattle identification

test cattle to read as set forth below.

g. In the definition of Official brand

inspection certificate, by adding the

words ‘‘or bison’’ immediately after the

word ‘‘cattle’’.

h. In the definition of Official brand

recording agency, by adding the words

‘‘or bison’’ immediately after the word

‘‘cattle’’.

i. In the definition of Originate,

paragraph (c), by adding the words ‘‘or
1408 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Proposed Rules

bison’’ immediately after the word

‘‘cattle’’ both times it appears.

j. In the definition of Permit for entry,

by adding the words ‘‘or bison’’

immediately after the word ‘‘cattle’’.

§ 78.1 Definitions.

* * * * *

Market cattle identification test cattle

and bison. Cows and bulls 2 years of age

or over that have been moved to

recognized slaughtering establishments,

and test-eligible cattle and bison that are

subjected to an official test for the

purposes of movement at farms,

ranches, auction markets, stockyards,

quarantined feedlots, or other assembly

points. Such cattle and bison shall be

identified by an official eartag and/or

United States Department of Agriculture

backtag prior to or at the first market,

stockyard, quarantined feedlot, or

slaughtering establishment they reach.

* * * * *

§ 78.40 [Amended]

3. In § 78.40, paragraph (c) would be

amended by adding the words ‘‘and

bison’’ immediately after the word

‘‘cattle’’.

§ 78.44 [Amended]

4. Section 78.44 would be amended as

follows:

a. In paragraph (c), in paragraph (9) of

the Agreement, by adding the words

‘‘and bison’’ immediately after the word

‘‘cattle’’.

b. In paragraph (c), in paragraph (10)

of the Agreement, by adding the words

‘‘and bison’’ immediately after the

words ‘‘of cattle’’; by adding the words

‘‘or bison’’ immediately after the words

‘‘test-eligible cattle’’; and by adding the

words ‘‘or bison’’ immediately after the

words ‘‘other cattle’’.

c. In paragraph (c), in paragraph (11)

of the Agreement, by adding the words

‘‘and bison’’ immediately after the

words ‘‘of cattle’’; by adding the words

‘‘or bison’’ immediately after the words

‘‘test-eligible cattle’’; and by adding the

words ‘‘or bison’’ immediately after the

words ‘‘other cattle’’.

d. In paragraph (c), in paragraph (12)

of the Agreement, by adding the words

‘‘and bison’’ immediately after the

words ‘‘of cattle’’; by adding the words

‘‘or bison’’ immediately after the words

‘‘test-eligible cattle’’; and by adding the

words ‘‘or bison’’ immediately after the

words ‘‘other cattle’’.

e. In paragraph (c), in paragraph (13)

of the Agreement, by adding the words

‘‘or bison’’ immediately after the word

‘‘cattle’’ both times it appears.

f. In paragraph (d), in paragraph (9) of

the Agreement, by adding the words

‘‘and bison’’ immediately after the word

‘‘cattle’’.

g. In paragraph (d), in paragraph (10)

of the Agreement, by adding the words

‘‘and bison’’ immediately after the

words ‘‘of cattle’’; by adding the words

‘‘or bison’’ immediately after the words

‘‘test-eligible cattle’’; and by adding the

words ‘‘or bison’’ immediately after the

words ‘‘other cattle’’.

h. In paragraph (d), in paragraph (11)

of the Agreement, by adding the words

‘‘and bison’’ immediately after the

words ‘‘of cattle’’; by adding the words

‘‘or bison’’ immediately after the words

‘‘test-eligible cattle’’; and by adding the

words ‘‘or bison’’ immediately after the

words ‘‘other cattle’’.

i. In paragraph (d), in paragraph (12)

of the Agreement, by adding the words

‘‘and bison’’ immediately after the

words ‘‘of cattle’’; by adding the words

‘‘or bison’’ immediately after the words

‘‘test-eligible cattle’’; and by adding the

words ‘‘or bison’’ immediately after the

words ‘‘other cattle’’.

j. In paragraph (d), in paragraph (13)

of the Agreement, by adding the words

‘‘or bison’’ immediately after the word

‘‘cattle’’ both times it appears.

Done in Washington, DC, this 7th day of

January 1997.

Donald W. Luchsinger,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–624 Filed 1–9–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 926

Surface Coal Mining and Reclamation

Operations Under the Federal Lands

Program; State-Federal Cooperative

Agreements; Montana

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule.

SUMMARY: The State of Montana

(Governor) and the Secretary of the

Department of the Interior (Secretary)

are proposing to amend the cooperative

agreement between the Department of

the Interior and the State of Montana for

the regulation of surface coal mining

and reclamation operations on Federal

lands within Montana under the

permanent regulatory program. The

proposed rulemaking would streamline

the permitting process in Montana by

delegating to Montana the sole

responsibility to issue permits for coal

mining and reclamation operations on

Federal lands under the revised Federal

lands program regulations, and would

eliminate duplicative permitting

requirements, thereby increasing

governmental efficiency, which is one of

the purposes of the cooperative

agreement. This amendment would also

update the cooperative agreement to

reflect current regulations and agency

structures. Cooperative agreements are

provided for under section 523(c) of the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). This

notice provides information on the

proposed changes to the cooperative

agreement.

DATES: Written comments: Written

comments must be received by 4:00

p.m., M.S.T. on March 11, 1997.

Public hearing: Anyone wishing to

testify at a public hearing must submit

a request on or before 4:00 p.m., M.S.T.

on January 31, 1997. Because OSM will

hold a public hearing only if one is

requested, hearing arrangements, dates

and times, if any, will be announced in

a subsequent Federal Register notice. If

no one requests an opportunity to testify

at the public hearing, the hearing will

not be held. Any disabled individual

who has need for special

accommodation to attend a public

hearing should contact the individual

listed under FOR FURTHER INFORMATION

CONTACT.

Public Meeting: If only one person

requests an opportunity to testify at a

hearing, a public meeting, rather than a

public hearing, may be held. Persons

wishing to meet with OSM

representatives to discuss the proposed

amendment may request a meeting by

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. All such

meetings will be open to the public and,

if possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

administrative record.

ADDRESSES: Written comments should

be mailed or hand delivered to the

Office of Surface Mining Reclamation

and Enforcement, Western Regional

Coordinating Center, Suite 3320, 1999

Broadway, Denver, CO 80202–5733.

Copies of the Montana program,

proposed amendments to the

cooperative agreement and the related

information required under 30 CFR Part

745 will be available for public review

at the addresses listed below during

normal business hours, Monday through

Friday, excluding holidays. Each

requester may receive one free copy of

the proposed revisions by contacting

any one of the following persons.