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
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 /Rules and Regulations 34267

performed for the purpose of certifying

breeding swine for movement interstate,

but we estimate the number to be small.

We anticipate, therefore, that this

action will have a minimal positive

economic impact, if any, on swine

producers in Oklahoma.

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 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, 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).

§ 78.43 [Amended]

2. Section 78.43 is amended by

adding ‘‘Oklahoma,’’ immediately after

‘‘Ohio’’.

Done in Washington, DC, this 16th day of

June 1998.

Charles Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–16748 Filed 6–23–98; 8:45 am]

BILLING CODE 3410–34–P

FARM CREDIT ADMINISTRATION

12 CFR Part 607

RIN 3052–AB83

Assessment and Apportionment of

Administrative Expenses; Technical

Change

AGENCY: Farm Credit Administration.

ACTION: Direct final rule with

opportunity for comment.

SUMMARY: The Farm Credit

Administration (FCA or Agency),

through the FCA Board (Board), issues

a direct final rule that makes technical

amendments to its assessment

regulations in order to conform to the

recently adopted FCA Board policy

statement on its financial institution

rating system. The Financial Institution

Rating System (FIRS) is the rating

system used by FCA examiners for

evaluating and categorizing the safety

and soundness of Farm Credit System

(System) institutions on an ongoing,

uniform, and comprehensive basis. The

FIRS modified the FCA Rating System

(which had been referred to as the

CAMEL rating system) by adding a

separate rating factor for sensitivity to

market risk. In accordance with the

FIRS policy statement, these technical

amendments replace the reference to

‘‘composite CAMEL rating’’ (the

acronym CAMEL referred to the

following five rating components:

capital, asset quality, management,

earnings, and liquidity), with

‘‘composite Financial Institution Rating

System (FIRS) rating’’ and replace

references to ‘‘CAMEL’’ with ‘‘FIRS.’’

The technical amendments do not

substantively change the FCA

assessment process or adversely affect

System institutions.

DATES: If no significant adverse

comment is received on or before July

24, 1998, these regulations shall be

effective upon the expiration of 30 days

after publication in the Federal Register

during which either or both Houses of

Congress are in session. Notice of the

effective date will be published in the

Federal Register. If significant adverse

comment is received, the FCA will

publish a timely notice of withdrawal of

the regulations and indicate how the

Agency expects to proceed with further

rulemaking.

ADDRESSES: Comments may be

submitted via electronic mail to ‘‘regcomm@fca.gov’’ or facsimile

transmission to (703) 734–5784.

Comments also may be mailed or

delivered to Patricia W. DiMuzio,

Director, Regulation and Policy

Division, Office of Policy and Analysis,

Farm Credit Administration, 1501 Farm

Credit Drive, McLean, Virginia 22102–

5090. Copies of all communications

received will be available for review by

interested parties in the Office of Policy

and Analysis, Farm Credit

Administration.

FOR FURTHER INFORMATION CONTACT:

Andrew D. Jacob, Senior Financial

Analyst, Office of Policy and

Analysis, Farm Credit Administration,

McLean, Virginia 22102–5090, (703)

883–4498, TDD (703) 883–4444

or

Wendy R. Laguarda, Senior Attorney,

Office of General Counsel, Farm

Credit Administration, McLean,

Virginia 22102–5090, (703) 883–4020,

TDD (703) 883–4444.

SUPPLEMENTARY INFORMATION:

I. Background

The Board is making technical

amendments to its assessment

regulations to replace the reference to

‘‘composite CAMEL rating’’ with

‘‘composite Financial Institution Rating

System (FIRS) rating’’ and to replace

references to ‘‘CAMEL’’ with ‘‘FIRS.’’

The technical amendments reflect the

Board’s adoption, at its April 9, 1998

Board meeting, of a policy statement on

the FIRS. The policy statement

establishes six rating factor components

and a composite rating that reflect the

condition and overall safety and

soundness of a System institution. The

FIRS policy statement differs from the

previous CAMEL rating system by the

addition of a sixth rating component—

the ‘‘S’’ component for sensitivity to

market risk. Hence, the six rating factor

components of the FIRS are capital,

assets, management, earnings, liquidity,

and sensitivity (‘‘S’’ component). The

policy statement also sets forth the

responsibility of the Chief Examiner to

implement, maintain, and recommend

to the FCA Board changes to the rating

system and to establish appropriate

evaluative criteria for determining FIRS

composite and component ratings.

The FIRS is an internal rating system

used by the FCA for evaluating the

safety and soundness of System

institutions on a uniform basis and for

identifying those System institutions

requiring special supervisory attention

or concern. In addition, the FIRS also

provides the Agency with valuable

information for assessing risk and

allocating resources based on the safety

and soundness of regulated institutions.

The FIRS is similar to the system known

as the Uniform Financial Institutions

Rating System (UFIRS), which is used

by Federal and state supervisory