34264 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

e. The defined term Registered cattle,

bison, or cervids, and in the text of the

definition.

4. In § 50.1, in the definition of

Reactor cattle, bison, and cervids, the

last sentence, the word ‘‘Cervids’’ is

removed and the words ‘‘Captive

cervids’’ are added in its place.

§ 50.2 [Amended]

5. In § 50.2, the word ‘‘captive’’ is

added before the word ‘‘cervids’’.

§ 50.3 [Amended]

6. In § 50.3, the word ‘‘captive’’ is

added before the word ‘‘cervids’’ in the

following places:

a. Paragraph (a), in the heading and in

the text.

b. Paragraph (b), in the heading and

in the text each time it appears.

c. Paragraph (c), in the heading and in

the text each time it appears.

7. In § 50.3, paragraph (d) is

redesignated as paragraph (e), and a new

paragraph (d) is added to read as

follows:

§ 50.3 Payment to owners for animals

destroyed.

* * * * *

(d) Suspect cattle, bison, and captive

cervids. The Administrator may

authorize the payment of Federal

indemnity to owners of cattle, bison,

and captive cervids destroyed because

of tuberculosis not to exceed $450 for

any animal that has been classified as a

suspect in accordance with § 50.4(c)

when it has been determined by the

Administrator that the destruction of the

suspect cattle, bison, or captive cervids

will contribute to the Tuberculosis

Eradication Program; but the joint StateFederal indemnity payments, plus

salvage, must not exceed the appraised

value of each animal: Provided,

however, that payment of indemnity for

the destruction of suspect cattle, bison,

and captive cervids will be withheld

until the tuberculosis status of the

suspect has been determined and, if the

cattle, bison, or captive cervid is found

to be infected with tuberculosis, all

cattle, bison, and captive cervids 2 years

of age or over in the claimant’s herd

have been tested for tuberculosis under

APHIS or State supervision.

* * * * *

8. In § 50.4, the word ‘‘captive’’ is

added before the word ‘‘cervids’’ in the

following places:

a. Paragraph (a).

b. Paragraph (b), the introductory text,

each time it appears.

c. Paragraph (b)(3).

9. In § 50.4, the heading is revised and

a new paragraph (c) is added to read as

follows:

§ 50.4 Classification of cattle, bison, and

captive cervids as affected, exposed, or

suspect.

* * * * *

(c) Cattle and bison are classified as

suspects for tuberculosis based on a

positive response to an official

tuberculin test, in accordance with the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication’’ (incorporated

into the regulations by reference in part

77). Captive cervids are classified as

suspects for tuberculosis in the same

manner as cattle and bison.

§ 50.5 [Amended]

10. In § 50.5, the word ‘‘captive’’ is

added before the word ‘‘cervid’’.

§ 50.6 [Amended]

11. In § 50.6, the word ‘‘captive’’ is

added before the word ‘‘cervids’’ in the

following places:

a. The introductory text.

b. Paragraph (d), in the heading and

in the text each time it appears.

c. Paragraph (e), in the heading and in

the text each time it appears.

§ 50.7 [Amended]

12. In § 50.7, in paragraphs (a) and (b),

the word ‘‘captive’’ is added before the

word ‘‘cervids’’.

§ 50.8 [Amended]

13. In § 50.8, the heading is revised to

read ‘‘Payment of expenses for

transporting and disposing of affected,

exposed, and suspect animals.’’

14. In § 50.8, the phrase ‘‘affected or

exposed cattle, bison, and cervids’’ is

removed both times it appears and the

phrase ‘‘affected, exposed, or suspect

cattle, bison, and captive cervids’’ is

added in its place.

§ 50.9 [Amended]

15. In § 50.9, the word ‘‘captive’’ is

added before the word ‘‘cervids’’ each

time it appears.

§ 50.10 [Amended]

16. In § 50.10, the word ‘‘captive’’ is

added before the word ‘‘cervids’’.

§ 50.11 [Amended]

17. In § 50.11, the word ‘‘captive’’ is

added before the word ‘‘cervids’’ each

time it appears.

§ 50.12 [Amended]

18. In § 50.12, the word ‘‘captive’’ is

added before the word ‘‘cervids’’ each

time it appears.

19. In § 50.14, the word ‘‘captive’’ is

added before the word ‘‘cervids’’ in the

following places:

a. The introductory text.

b. Paragraph (d), each time it appears.

c. Paragraph (e), the introductory text,

each time it appears.

d. Paragraph (e)(2)(i).

e. Paragraph (e)(2)(ii).

f. Paragraph (f).

20. In § 50.14, paragraph (b) is revised

to read as follows:

§ 50.14 Claims not allowed.

* * * * *

(a) * * *

(b) If all cattle, bison, and captive

cervids 2 years of age or over in the

claimant’s herd have not been tested for

tuberculosis under APHIS or State

supervision: Provided, however, that:

(1) Cattle, bison, and captive cervids

destroyed because of tuberculosis under

§ 50.3(b) or (c) are exempt from this

requirement if the cattle, bison, or

captive cervids are subjected to a postmortem examination for tuberculosis by

a Federal or State veterinarian; and

(2) Cattle, bison, and captive cervids

destroyed because of tuberculosis under

§ 50.3(d) are exempt from this

requirement if the cattle, bison, or

captive cervids are subjected to a postmortem examination for tuberculosis by

a Federal or State veterinarian and

found not to have tuberculosis.

* * * * *

Done in Washington, DC, this 17th day of

June 1998.

Charles Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–16747 Filed 6–23–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 98–068–1]

Brucellosis in Cattle; State and Area

Classifications; Louisiana

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 Louisiana

from Class Free to Class A. We have

determined that Louisiana no longer

meets the standards for Class Free

status. This action imposes certain

restrictions on the interstate movement

of cattle from Louisiana.

DATES: Interim rule effective June 16,

1998. Consideration will be given only

to comments received on or before

August 24, 1998.
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34265

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 98–068–1, 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. 98–068–1. 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.

R.T. Rollo, Jr., Staff Veterinarian,

National Animal Health Programs, VS,

APHIS, 4700 River Road Unit 43,

Riverdale, MD 20737–1231, (301) 734–

7709; or e-mail: rrollo@aphis.usda.gov.

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 B and Class A 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 percent of all brucellosis

reactors 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, Louisiana was classified as

a Class Free State because there had

been no known brucellosis in cattle in

Louisiana for at least 12 consecutive

months. However, as of May of 1998,

two cattle herds in Louisiana were

identified as infected with brucellosis.

To attain and maintain Class A status,

a State or area must (1) not exceed a

cattle herd infection rate, due to field

strain Brucella abortus, of 0.25 percent

or 2.5 herds per 1,000 based on the

number of reactors found within the

State during any 12 consecutive months,

except in States with 10,000 or fewer

herds; (2) trace to the farm of origin at

least 90 percent of all brucellosis

reactors found in the course of MCI

testing; (3) successfully close at least 95

percent of the MCI reactor cases traced

to the farm of origin during the 12

consecutive month period immediately

prior to the most recent anniversary of

the date the State or area was classified

Class A; and (4) have a specified

surveillance system, as described above,

including an approved individual herd

plan in effect within 15 days of locating

a source herd or recipient herd.

After reviewing the brucellosis

program records for Louisiana, we have

concluded that this State meets the

standards for Class A status. Therefore,

we are removing Louisiana from the list

of Class Free States or areas in § 78.41(a)

and adding it to the list of Class A States

or areas in § 78.41(b). This action

imposes certain restrictions on the

interstate movement of cattle from

Louisiana.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

prevent the interstate spread of

brucellosis.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make it effective upon signature. 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. It 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 Louisiana from Class Free to

Class A increases testing requirements

governing the interstate movement of

cattle. However, 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 Louisiana, as well as

buyers and importers of cattle from this

State.

There are an estimated 18,000 cattle

herds in Louisiana that will be affected

by this rule. Over 95 percent of these are

owned by small entities. Test-eligible

cattle offered for sale interstate from

other than certified brucellosis-free

herds must be tested for brucellosis

under 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, the change to Class A status

would cost approximately $4 per head.

Therefore, we believe that changing

the brucellosis status of Louisiana will

not have a significant economic impact

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.)
34266 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations

Executive Order 12988

This rule has 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 rule contains no information

collection or recordkeeping

requirements under the Paperwork

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

et seq.).

List of Subject in 9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, 9 CFR part 78 is

amended 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 371.2(d).

§ 78.41 [Amended]

2. In § 78.41, paragraph (a) is

amended by removing ‘‘Louisiana,’’.

3. In § 78.41, paragraph (b) is

amended by adding ‘‘Louisiana,’’

immediately before ‘‘Mississippi,’’.

Done in Washington, DC, this 16th day of

June 1998.

Charles Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–16749 Filed 6–23–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 98–061–1]

Validated Brucellosis-Free States;

Oklahoma

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

Oklahoma to the list of validated

brucellosis-free States. We have

determined that Oklahoma meets the

criteria for classification as a validated

brucellosis-free State. This action

relieves certain restrictions on the

interstate movement of breeding swine

from Oklahoma.

DATES: Interim rule effective June 24,

1998. Consideration will be given only

to comments received on or before

August 24, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 98–061–1, 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. 98–061–1. 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.

Arnold Taft, Senior Staff Veterinarian,

National Animal Health Programs, VS,

APHIS, 4700 River Road Unit 43,

Riverdale, MD 20737–1231, (301) 734–

4916.

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), prescribe conditions for the

interstate movement of cattle, bison, and

swine.

Under the swine brucellosis

regulations, States, herds, and

individual animals are classified

according to their brucellosis status.

Interstate movement requirements for

swine are based upon the disease status

of the individual animal or the herd or

State from which the animal originates.

We are amending § 78.43 of the

regulations, which lists validated

brucellosis-free States, to include

Oklahoma. 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 brucellosisinfected 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 its brucellosis

program records, we have concluded

that Oklahoma meets the criteria for

classification as a validated brucellosisfree State. Therefore, we are adding

Oklahoma to the list of States in § 78.43.

This action relieves certain restrictions

on the interstate movement of breeding

swine from Oklahoma.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

remove unnecessary restrictions on the

interstate movement of swine from

Oklahoma.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make it effective upon 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. It

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.

This action removes the requirement

that breeding swine be tested for

brucellosis prior to movement interstate

from Oklahoma.

Ninety-nine percent of swine herd

producers in Oklahoma are small

businesses (defined by the Small

Business Administration as having

annual gross receipts of less than

$500,000). Currently, these small

producers have about 100,000 adult

swine tested annually for brucellosis, at

a cost to producers of approximately $5

per test. We are not able to determine

exactly how many of these tests are