20706 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

include 2 distributors, 62 fruit sellers,

19 growers, 1 landfill, 18 nurseries, 1

packer, 1 processor, and 2 swap meets.

These 106 entities comprise less than 1

percent of the total number of similar

enterprises operating in the State of

California.

These small entities sell regulated

articles primarily for local intrastate, not

interstate, movement, and the

distribution of these articles was not

affected by the regulatory provisions we

are removing. Many of these entities

also handle other items in addition to

the previously regulated articles. The

effect on those few entities that do move

regulated articles interstate was

minimized by the availability of various

treatments that, in most cases, allowed

these small entities to move regulated

articles interstate with very little

additional cost. Therefore, the effect, if

any, of this rule on these entities

appears to be minimal.

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

inconsistent 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 new

information collection or recordkeeping

requirements under the Paperwork

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

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending 7 CFR

part 301 as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR.

2.22, 2.80, and 371.2(c).

§ 301.64–3 [Amended]

2. In § 301.64–3, paragraph (c) is

amended by removing the entry and the

description of the regulated area for

‘‘San Bernardino and Riverside

Counties’’, CA.

Done in Washington, DC, this 12th day of

April 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–9669 Filed 4–17–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 52

[Docket No. 98–123–6]

RIN 0579–AB10

Pseudorabies in Swine; Payment of

Indemnity

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations regarding the payment of

indemnity for herds of swine

depopulated because of pseudorabies to

provide that the Animal and Plant

Health Inspection Service will pay

owners of the swine an indemnity equal

to the difference between the net salvage

received and the fair market value of the

swine destroyed. We are also providing

for the payment of indemnity for

individual breeding sows destroyed

because they are infected with

pseudorabies. We have determined that

this action will allow for the payment of

indemnity from accelerated

pseudorabies eradication program funds

for a greater number of swine disposed

of because they are infected with

pseudorabies. This action is necessary

to further pseudorabies eradication

efforts and to protect swine not infected

with pseudorabies from the disease.

DATES: Interim rule effective April 12,

2000. Consideration will be given only

to comments received on or before June

19, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 98–123–

6, 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. 98–123–

6.

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.

Arnold Taft, Senior Staff Veterinarian,

Swine Diseases, VS, APHIS, 4700 River

Road Unit 43, Riverdale, MD 20737–

1231, (301) 734–7708.

SUPPLEMENTARY INFORMATION:

Background

The Animal and Plant Health

Inspection Service’s (APHIS’s)

regulations in 9 CFR part 85 govern the

interstate movement of swine and other

livestock (cattle, sheep, and goats) in

order to help prevent the spread of

pseudorabies.

Pseudorabies is a contagious,

infectious, and communicable disease of

livestock, primarily swine. The disease,

also known as Aujeszky’s disease, mad

itch, and infectious bulbar paralysis, is

caused by a herpes virus, and is known

to cause reproductive problems,

including abortion and stillborn death,

and death in neonatal pigs, and

occasional death losses in breeding and

finishing hogs. Prior to 1998, the cost of

pseudorabies to pork producers alone in

the United States was over $30 million

annually. Of this amount, more than

half, $17 million, represented the cost of

vaccination, and another $11 million

was attributable to pig deaths. The

remainder was spent on testing.

A Federal eradication program for

pseudorabies was implemented in the

United States in 1989. The program is

cooperative in nature and involves

Federal, State, and industry

participation. In an interim rule

published in the Federal Register on

January 15, 1999, and effective as of

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20707

January 12, 1999 (64 FR 2545–2550,

Docket No. 98–123–2), APHIS

promulgated regulations to establish an

accelerated pseudorabies eradication

program that provided, among other

things, for the payment of indemnity by

the United States Department of

Agriculture (Department) for the

voluntary depopulation of herds of

swine known to be infected with

pseudorabies.

Indemnity Paid by the Department

In our January 15, 1999, interim rule,

we explained that we considered it

appropriate to accelerate the

pseudorabies eradication program

through whole-herd buyouts because of

a combination of three factors: (1) The

danger that some owners might

eliminate eradication efforts, such as

vaccination of swine, due to depressed

market conditions; (2) the relatively

small number of herds infected with

pseudorabies; and (3) the fact that

markedly depressed prices for swine

would lessen the cost to the Federal

Government of whole-herd buyouts.

We explained that a surplus of live

swine, due in part to reduced export

markets, had slaughter facilities

operating at maximum capability.

Consequently, swine producers were

being forced to continue feeding swine

that could not go to slaughter. Swine

that were being slaughtered were being

sold at prices below the costs of feeding

and transportation.

Under the regulations governing the

accelerated eradication program, we

began paying owners fair market value

for herds of swine depopulated because

of pseudorabies. In addition to paying

100 percent of the fair market value of

the animals, we have been paying for

trucking to disposal, for euthanasia and

disposal, and for cleaning and

disinfection of conveyances used for

transporting the swine to disposal. To

date, we have disposed of the herds

depopulated under the accelerated

eradication program by rendering.

Although pseudorabies does not affect

humans, we chose rendering as the

method for disposal at the outset of the

program because, as noted, a surplus of

live swine was causing slaughtering

establishments to operate at maximum

capability.

Since January 1999, a reduction in

swine inventories has contributed to an

increase in the market value of swine.

Additionally, this has created a

situation where slaughtering

establishments are generally not

operating at maximum capability.

Although the price per pound APHIS is

paying for swine destroyed under the

eradication program has increased over

the past year, we consider it necessary

to the eradication of pseudorabies to

continue the accelerated eradication

program. However, because slaughtering

establishments can now handle swine to

be destroyed under the accelerated

eradication program, we consider it

prudent to revise the method by which

owners of swine will receive fair market

value for their animals under the

accelerated eradication program.

Instead of the Department paying each

owner 100 percent of the fair market

value of all swine disposed of under the

accelerated eradication program, we

will pay indemnity for the difference

between whatever payment for net

salvage an owner receives for herds of

swine disposed of through slaughter and

the fair market value of those animals.

Net salvage is the amount derived from

the sale of an animal after deducting

freight, trucking, yardage, commission,

slaughtering charges, and similar costs

to the owner. This change will increase

the number of pseudorabies-infected

herds that can be depopulated using

available program funds. Under either

formula, a swine owner receives the fair

market value of the swine.

To ensure that the swine for which

indemnity is paid do not pose a

pseudorabies risk to any swine not

moving to slaughter, and to ensure that

APHIS receives documentation that the

swine have been destroyed, we are

requiring that the swine be sent under

permit directly to a recognized

slaughtering establishment, where State

or Federal meat inspection is available.

We are requiring that the swine be

moved to the recognized slaughtering

establishment in a conveyance closed

with an official seal that is applied and

removed by an APHIS employee, a State

representative, an accredited

veterinarian, or an individual

authorized for this purpose by an APHIS

employee.

We are adding definitions in § 52.1 of

this interim rule for the terms accredited

veterinarian, official seal, permit, and

recognized slaughtering establishment.

We define accredited veterinarian to

mean a veterinarian approved by the

Administrator in accordance with the

provisions of 9 CFR part 161 to perform

functions specified in 9 CFR, chapter I,

subchapters B, C, and D. This definition

is consistent with that set forth

elsewhere in 9 CFR chapter I.

We define official seal to mean a

serially numbered metal or plastic strip,

consisting of a self-locking device on

one end and a slot on the other end, that

forms a loop when the ends are engaged

and that cannot be reused if opened, or

a serially numbered, self-locking button

that can be used for this purpose.

We define permit to mean an official

document for movement of swine that is

issued by an APHIS employee, State

representative, or accredited

veterinarian and that lists the disease

status and individual identification of

the animal, where consigned, cleaning

and disinfection requirements, and

proof of slaughter certification by a

recognized slaughtering establishment.

It is standard practice for the State or

Federal inspector at the recognized

slaughtering establishment to submit a

signed copy of the permit to the APHIS

veterinarian in charge when the animal

is destroyed.

We define recognized slaughtering

establishment to mean a slaughtering

establishment operating under the

Federal Meat Inspection Act (21 U.S.C.

601–695) or a State meat inspection act.

(A list of recognized slaughtering

establishments can be obtained by

contacting the person listed in this

Supplementary Information under FOR

FURTHER INFORMATION CONTACT.)

As under the program to date, the fair

market value will be primarily based on

a per pound compensation. The per

pound compensation will continue to be

based on weighted average base market

prices from the previous week (as

released in ‘‘USDA–AMS Livestock

Market News’’ and as determined by

calculating the average of the

Wednesday through Friday prices). An

additional producer cost offset will also

continue to be paid according to

whether the animal is a breeder pig, a

baby pig, a market hog less than 200

pounds, or a market hog greater than

200 pounds.

Although we expect that the great

majority of swine disposed of under the

accelerated eradication program will be

disposed of through sale to slaughter,

we recognize that this may not be

reasonable or possible for some swine.

For instance, some swine may be too

small to provide a profitable yield to the

slaughtering facility or may not be of

sufficient size to be handled by

slaughtering machinery that is set for

larger animals. Additionally, recognized

slaughtering establishments may not

accept swine that have some visible

health problem, such as an abscess.

Such swine are usually readily

identifiable by owners and APHIS

employees or State representatives

without actually being sent to a

recognized slaughtering establishment.

In this interim rule, we are providing

that we will continue to pay 100 percent

of the fair market value for swine that

are identified for destruction under the

accelerated eradication program, even if

they are not accepted by a recognized

slaughtering establishment. We may

20708 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

also pay 100 percent of the fair market

value for swine that the owner and an

authorized APHIS employee or State

representative agree will not be

accepted by a recognized slaughtering

establishment.

Appraisal of Swine

Prior to this interim rule, § 52.3 of the

regulations provided that swine to be

destroyed under the accelerated

eradication program were to be

appraised by an APHIS employee and a

representative of the State jointly, or, if

the State authorities approved, by an

APHIS employee alone. The regulations

did not specifically provide for

appraisal by a State representative alone

because the States were willing to allow

APHIS to assume a lead role in carrying

out the depopulation and indemnity

process. Recently, however, States have

indicated to APHIS a willingness to

assume an increased role in the

appraisal of swine. Increasing State

involvement would reduce the demands

on APHIS resources and, in some cases,

promote more rapid completion of the

appraisal process. Therefore, we are

amending § 52.3 to provide that swine

to be destroyed under the accelerated

eradication program may be appraised

by a State representative alone.

Groups of Swine Eligible for Indemnity

Section 52.2 of the regulations

provides that the Administrator is

authorized to agree, on the part of the

Department, to pay 100 percent of the

expenses of purchase, destruction, and

disposition of herds of swine that are

destroyed because the herds are known

to be infected with pseudorabies.

In § 52.1 of the regulations, a herd is

defined as a group of swine maintained

on common ground for any purpose, or

two or more groups of swine under

common ownership or supervision, that

are geographically separated but have an

interchange or movement of animals

without regard to whether the animals

are infected with or exposed to

pseudorabies.

The definition of herd includes two or

more groups of swine under common

ownership because it is standard

practice in the swine industry for a

production facility to maintain groups

of swine in different units in different

buildings, pens, etc. The swine from the

different units may or may not come

into contact with each other. If there is

an interchange or movement of animals

between groups without regard to

whether the animals are infected with or

exposed to pseudorabies, then, for

disease and indemnity purposes, the

groups must be considered as one herd.

For the most part under the

accelerated eradication program, it has

been clear to APHIS and owners of

swine whether different groups of swine

should be considered as one herd for

disease purposes. However, in certain

cases, questions have arisen as to

whether there was a risk of disease

transmission between groups of swine

under common ownership. To help

address this situation, we are providing

in the definition of herd that any risk of

disease transmission between two

groups of swine will be determined by

the official pseudorabies epidemiologist.

(Official pseudorabies epidemiologist is

defined in the regulations as a State or

Federally employed veterinarian

designated by the veterinarian in charge

and the State animal health official to

investigate and diagnose pseudorabies

in livestock.) The factors the official

pseudorabies epidemiologist will use in

making this determination include the

physical layout of the premises and the

management practices of the facility,

including whether groups of swine are

kept in separate areas with no

interchange of potential contaminants.

Additionally, the epidemiologist will

examine the pseudorabies testing and

vaccination history of the animals on

the premises to assess where the

occurrence of pseudorabies is focused

and the likelihood of its transmission to

separated groups of swine.

Breeding Sows

We are also including in this interim

rule a provision to allow owners of

breeding sows that are identified as

being infected with pseudorabies to

receive indemnity if those sows are sent

directly to slaughter, even if the rest of

the herd they are part of is not

depopulated. Although depopulation of

an entire herd is the quickest and surest

method of ensuring that pseudorabies is

eradicated, some swine owners with

infected herds have chosen not to

depopulate the entire herd due to the

loss of production during the time

necessary to replace the herd. In such

cases, the alternative method of ridding

a herd of pseudorabies is to remove

from the herd individual sows that test

positive for pseudorabies. Prior to the

implementation of indemnity payments

for herd depopulation under the

accelerated pseudorabies eradication

program, ‘‘test and removal’’ of

individual sows was the primary

method used to further the pseudorabies

eradication program, although owners of

individual swine disposed of because of

pseudorabies were not eligible to

receive indemnity from APHIS for those

animals.

Because a number of swine owners

have chosen not to depopulate their

infected herds under the accelerated

eradication program, we believe it is

necessary for the continued progress of

the pseudorabies eradication program to

provide owners of infected herds with

an incentive to rid their herds of those

animals most likely to perpetuate

pseudorabies within a herd. The swine

that constitute the greatest risk are the

breeding sows in a herd. As their name

denotes, the primary purpose of

breeding sows is to produce litters,

whereas the purpose of other swine in

the herd is generally to be moved to

slaughter. Because breeding sows

remain in a herd over a period of years,

a sow that is infected with pseudorabies

can come into contact with, and

possibly infect, a number of swine in

the herd over the course of its lifetime.

Therefore, to encourage the prompt

removal of infected breeding sows from

a herd, we are providing in § 52.2(a) of

this interim rule that APHIS will pay

indemnity to owners of breeding sows

known to be infected with pseudorabies

that are sent under permit directly to a

recognized slaughtering establishment.

The payment of indemnity will be

carried out by the same method as that

described above for whole herd

depopulations—i.e., APHIS will pay the

owner of the swine the difference

between the amount of the net salvage

value the owner receives when the

animal is slaughtered and the fair

market value of the animal. The option

of receiving indemnity for less than

whole-herd depopulation will not apply

to any swine other than breeding sows

known to be infected with pseudorabies.

In order to make clear the criteria

APHIS will use in determining whether

an individual breeding sow is infected

with pseudorabies, we are adding to

§ 52.1 a definition of known infected

breeding sow. Under this definition,

which is the same as the definition of

known infected herd, except that it

applies to individual breeding sows

rather than to entire herds, breeding

sows known to be infected are those that

have been determined to be infected

with pseudorabies based on an official

pseudorabies test or an approved

differential pseudorabies test, or based

on a diagnosis by an official

pseudorabies epidemiologist.

Presentation of Claims

Prior to this interim rule, the

provisions governing the presentation to

APHIS of claims for indemnity for

swine destroyed because of

pseudorabies were set forth in §§ 52.5

and 52.6. Because herds of swine

destroyed under the accelerated

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20709

pseudorabies program prior to this

interim rule were purchased in their

entirety by APHIS for shipment to

rendering, there was no need for the

owner to report any salvage value for

the swine. Under this interim rule,

however, owners may receive indemnity

for swine that are not purchased by

APHIS but that are sent directly to

slaughter. Therefore, it is necessary that

the owner of the swine submit to

APHIS, along with a claim for

indemnity, documentation of the

amount of net salvage proceeds received

for the swine at slaughter. This

documentation, along with the

certification of destruction that APHIS

will receive from the recognized

slaughtering establishment when the

animals are destroyed, will provide

APHIS with the information needed to

process payment of indemnity. We are

adding the requirement for submission

of a net salvage proceeds report at § 52.5

of this interim rule (discussed below).

For those swine eligible for indemnity

that are purchased by APHIS rather than

sent to a slaughtering establishment, the

procedures for indemnity claims will be

the same as those in place prior to this

interim rule. (Those procedures, which

were contained in §§ 52.5 and 52.6 prior

to this interim rule, are consolidated in

§ 52.4 of this interim rule.)

Report of Net Salvage Proceeds

In § 52.5 of this interim rule, we are

setting forth procedures by which an

owner must report to APHIS net salvage

proceeds received when swine infected

with pseudorabies are sent to slaughter

under the accelerated eradication

program. We are providing that a report

of the amount received for net salvage

must be made on a salvage form that

shows the gross receipts, expenses, if

any, and net proceeds. An original or

copy of the salvage form must be

furnished by the owner to the

veterinarian in charge.

We are defining ‘‘net salvage’’ in

§ 52.1 to mean the amount received for

swine destroyed because of

pseudorabies, after deducting freight,

trucking, yardage, commission,

slaughtering charges, and similar costs

to the owner.

Nonsubstantive Changes

In this interim rule, we are also

making some nonsubstantive changes to

part 52 by redesignating § 52.4 as § 52.7,

redesignating § 52.7 as § 52.6, and

combining the provisions of §§ 52.5 and

52.6 into one section, new § 52.4.

Additionally, we are amending the

definition of known infected herd to

remove some redundant language.

Benefits of This Interim Rule

By revising the method by which

owners receive fair market value for

swine disposed of under the accelerated

eradication program, we will

significantly extend the use of APHIS’

accelerated pseudorabies eradication

program funds. This will help ensure

that pseudorabies is eradicated from the

United States by the end of 2000.

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment. The nature of the

emergency is the immediate need to

extend the funds available to APHIS for

the accelerated pseudorabies eradication

program before these funds are

exhausted. This action is necessary to

effect the eradication of pseudorabies in

the United States by the end of 2000.

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. 533

to make the rule effective less than 30

days after publication. 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. 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.

An analysis of the economic effects of

this rule on small entities, as required

by the Regulatory Flexibility Act,

follows.

Potential Economic Effects

Pseudorabies is a herpes virus

disease, primarily affecting swine, that

is known to cause reproductive

problems, including abortion, stillborn

death, and death in neonatal pigs, and

occasional death losses in breeding and

finishing hogs. The disease is

recognized to cause considerable

economic losses.

A Federal eradication program for

pseudorabies was implemented in the

United States in 1989. The program is

cooperative in nature and involves

Federal, State, and industry

participation. The Federal Government

coordinates the national program, the

State Governments promulgate and

enforce intrastate regulations, and

producers have contributed by testing

their herds and purchasing vaccines.

In January 1999, we published

regulations to establish an accelerated

pseudorabies eradication program that

provided, among other things, for the

payment of indemnity by the

Department for the voluntary

depopulation of herds of swine known

to be infected with pseudorabies.

Under the regulations governing the

accelerated eradication program, we

have been paying owners fair market

value for herds of swine depopulated

because of pseudorabies. In addition to

paying 100 percent of the fair market

value of the animals, we have been

paying for trucking to disposal, for

euthanasia and disposal, and for

cleaning and disinfection of

conveyances used for transporting the

swine to disposal. To date, the herds

that have been depopulated under the

accelerated eradication program have

been disposed of by rendering.

In this interim rule, we are providing

that, instead of the Department paying

each owner 100 percent of the fair

market value of all swine destroyed

under the accelerated eradication

program, the Department will also pay

indemnity for the difference between

whatever net salvage value is received

for herds of swine disposed of through

slaughter and the fair market value of

those animals. Additionally, we are

providing that indemnity may be paid

for breeding sows that are disposed of

because they are known to be infected

with pseudorabies, even if the

remainder of the herd the sow is part of

is not depopulated. We will continue to

pay full purchase price for those swine

that are not accepted at recognized

slaughtering establishments.

The total amount paid to each owner

whose herd is depopulated because of

pseudorabies will be the same under

this interim rule as under the

regulations prior to this interim rule.

The difference will be in how much the

Department pays of that amount and

how much is paid by other sources. The

provision we are adding to the

regulations to allow for the payment of

indemnity for individual breeding sows

disposed of because they are known to

be infected with pseudorabies is

expected to provide indemnity to

owners who would not otherwise have

received indemnity under the

accelerated eradication program.

As explained below, we expect the

number of infected herds sold to

20710 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

1Flexibility coefficients based on William F.

Hahn, ‘‘An Annotated Bibliography of Recent

Elasticity and Flexibility Estimates for Meat and

Livestock,’’ Economic Research Service,

Commercial Agriculture Division, Staff Paper No.

AGES–9611, July 1996.

slaughter to be a very small portion of

swine slaughter sales overall. In turn,

the number of individual breeding sows

sold to slaughter will comprise a small

fraction of the number of pseudorabiesinfected swine sent to slaughter.

For the purposes of our analysis, we

used information from accelerated

eradication program activities for the

first 4 months of fiscal year (FY) 2000

(October 1, 1999 to January 28, 2000)

because we expect the participation in

the accelerated eradication program that

occurred during that period to be

representative of participation during

the 4 months following publication of

this interim rule. Longer term

projections, as the accelerated

eradication program approaches its

eradication goal and the number of

participating herds decreases, would be

more problematic.

From October 1, 1999, through

January 28, 2000, a total of 146,300

swine from 112 herds were depopulated

through the accelerated eradication

program. Although this results in a

nationwide average herd size of 1,306

swine, average herd sizes varied widely

by State, from 39 swine (the average for

the three herds depopulated in Florida)

to 2,688 swine (the average for the 10

herds depopulated in Indiana).

In comparison to the 146,300 swine

destroyed under the accelerated

eradication program during the first 4

months of FY 2000, the total number of

swine slaughtered nationwide during

the same period averaged approximately

8,910,700 swine per month (slaughter

numbers for January were projected

based on the average of the first 3

months), yielding a 4-month total of

35,642,800. Therefore, the number of

swine slaughtered under the accelerated

eradication program represented about

0.4 percent of the total number of swine

slaughtered. Assuming similar national

and accelerated eradication program

totals during the coming 4 months, any

effect on slaughter prices due to infected

animals going to slaughter will be slight,

as explained below.

We estimated the effect on slaughter

prices by considering the price

flexibility for slaughter swine. The

flexibility coefficient for a commodity is

the percentage change in price

associated with a 1 percent change in

quantity, other factors being held

constant. Assuming a flexibility

coefficient for swine of about ¥0.8 to

¥0.91, a 0.4 percent increase in the

quantity of slaughter swine would result

in a 0.32 to 0.36 percent decrease in

price. Thus, entry of swine from the

accelerated eradication program into the

slaughter market could result in

slaughter prices falling from, for

example, 40 cents per pound to 39.86 or

39.87 cents per pound, assuming all

other market determinants remained

constant.

Savings to the Accelerated

Pseudorabies Eradication Program

The major effect of this interim rule

will be in reducing expenses to the

accelerated pseudorabies eradication

program. Program costs will be reduced

by the amount that is paid at slaughter

for swine destroyed under the program.

Maximum potential savings can be

estimated using accelerated eradication

program data for the first 4 months of

FY 2000. Indemnity payments,

including producer cost offsets, during

this period totaled $11,097,796. The

producer cost offsets comprised

$2,782,300 of that amount.

If accelerated eradication program

participation during the coming 4

months is similar to what took place

during the first 4 months of FY 2000,

and assuming that the amount an owner

receives at slaughter equals the fair

market value of the animal minus the

producer cost offset, the savings to the

accelerated eradication program in

indemnity payments would exceed $8

million ($11,097,796¥$2,782,300 =

$8,315,496). Even after taking into

account indemnity program-related

expenses during the first 4 months of FY

2000 ($2,602,860) and enhanced

surveillance expenses during that

period ($97,024), total expenses to the

program under the scenario described

would be reduced to about 40 percent

of what they would be without the

slaughter sale option. Although,

realistically, not all infected swine to be

destroyed will be sold for slaughter, and

the prices received at slaughter will

usually not match the fair market value

of the animals, savings to the

accelerated eradication program are

expected to be considerable.

Effects on Small Entities

This interim rule is not expected to

have an effect on the total amount of

compensation swine owners will

receive for pseudorabies-infected swine.

Additionally, it is not expected to have

a significant effect on the price per

pound paid for swine at slaughter.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant impact on a

substantial number of small entities.

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

In accordance with section 3507(j) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the information

collection or recordkeeping

requirements included in this interim

rule have been submitted for emergency

approval to the Office of Management

and Budget (OMB). OMB has assigned

control number 0579–0151 to the

information collection and

recordkeeping requirements.

We plan to request continuation of

that approval for 3 years. Please send

written comments on the 3-year

approval request to the following

addresses: (1) Docket No. 98–123–6,

Regulatory Analysis and Development,

PPD, APHIS, suite 3C03, 4700 River

Road Unit 118, Riverdale, MD 20737–

1238, and (2) Clearance Officer, OCIO,

USDA, room 404–W, 14th Street and

Independence Avenue SW.,

Washington, DC 20250. Please state that

your comments refer to Docket No. 98–

123–6 and send your comments within

60 days of publication of this rule.

This interim rule provides that APHIS

will pay an indemnity for swine

destroyed because of pseudorabies that

is equal to the difference between the

net salvage received and the fair market

value of the swine destroyed. Under

these provisions, owners seeking

indemnity for swine destroyed will be

required to obtain a movement permit

and submit to APHIS a report of net

salvage proceeds. Additionally, the

swine must be moved to slaughter in a

means of conveyance sealed with an

official seal. We are soliciting comments

from the public concerning our

information collection and

recordkeeping requirements. These

comments will help us:

(1) Evaluate whether the information

collection is necessary for the proper

performance of our agency’s functions,

including whether the information will

have practical utility;

(2) Evaluate the accuracy of our

estimate of the burden of the

information collection, including the

validity of the methodology and

assumptions used;

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20711

4A list of recognized slaughtering establishments

is available upon request from the Animal and Plant

Health Inspection Service, 4700 River Road Unit 37,

Riverdale, Maryland 20737–1231.

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

information collection on those who are

to respond (such as through the use of

appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission of responses).

Estimate of burden: Public reporting

burden for this collection of information

is estimated to average .14257 hour per

response.

Estimated number of respondents: 300.

Estimated number of responses per

respondent: 23.33.

Estimated total annual number of

responses: 7,000.

Estimated total annual burden on

respondents: 998 hours.

Copies of this information collection

can be obtained from: Clearance Officer,

OCIO, USDA, room 404–W, 14th Street

and Independence Avenue, SW.,

Washington, DC 20250.

List of Subjects in 9 CFR Part 52

Animal diseases, Pseudorabies,

Swine, Indemnity payments,

Transportation.

Accordingly, we are amending 9 CFR

part 52 as follows:

PART 52—SWINE DESTROYED

BECAUSE OF PSEUDORABIES

1. The authority citation for part 52

continues to read as follows:

Authority: 21 U.S.C. 111–113, 114, 114a,

114a–1, 120, 121, 125, and 134b; 7 CFR 2.22,

2.80, and 371.2(d).

2. Section 52.1 is amended by revising

the definitions of ‘‘herd’’ and ‘‘known

infected herd’’ and by adding

definitions of ‘‘accredited veterinarian’’,

‘‘known infected breeding sow’’, ‘‘net

salvage’’, ‘‘official seal’’, ‘‘permit’’, and

‘‘recognized slaughtering

establishment’’, in alphabetical order, to

read as follows:

§ 52.1 Definitions

Accredited veterinarian. A

veterinarian approved by the

Administrator in accordance with the

provisions of part 161 of this chapter to

perform functions specified in

subchapters B, C, and D of this chapter.

* * * * *

Herd. Any group of swine maintained

on common ground for any purpose, or

two or more groups of swine under

common ownership or supervision that

are geographically separated but that are

determined by an official pseudorabies

epidemiologist to have an interchange

or movement of animals that could

cause the transmission of pseudorabies

from one group to another.

* * * * *

Known infected breeding sow. Any

breeding sow that has been determined

to be infected with pseudorabies based

on an official pseudorabies test or an

approved differential pseudorabies test,

or as diagnosed by an official

pseudorabies epidemiologist as having

pseudorabies.

Known infected herd. Any herd in

which swine have been determined to

be infected with pseudorabies based on

an official pseudorabies test or an

approved differential pseudorabies test,

or based on a diagnosis by an official

pseudorabies epidemiologist.

* * * * *

Net salvage. The amount received for

swine destroyed because of

pseudorabies, after deducting freight,

trucking, yardage, commission,

slaughtering charges, and similar costs

to the owner.

* * * * *

Official seal. A serially numbered

metal or plastic strip, consisting of a

self-locking device on one end and a

slot on the other end, that forms a loop

when the ends are engaged and that

cannot be reused if opened, or a serially

numbered, self-locking button that can

be used for this purpose.

Permit. An official document for

movement of swine under this part that

is issued by an APHIS employee, State

representative, or accredited

veterinarian and that lists the disease

status and individual identification of

the animal, where consigned, cleaning

and disinfection requirements, and

proof of slaughter certification by a

recognized slaughtering establishment.

* * * * *

Recognized slaughtering

establishment. A slaughtering

establishment operating under the

Federal Meat Inspection Act (21 U.S.C.

601–695) or a State meat inspection

act.4

* * * * *

3. Section 52.2 is revised to read as

follows:

§ 52.2 Payment of indemnity.

(a) Except as provided in paragraph

(b) of this section, the Administrator is

authorized to agree on the part of the

Department to pay indemnity to the

owner of herds of swine destroyed

because the herds are known to be

infected with pseudorabies, or

individual breeding sows destroyed

because they are known to be infected

with pseudorabies. The amount of

indemnity paid, together with the

amount for net salvage the owner

receives when the animals are

slaughtered, shall not exceed the fair

market value of the swine. Such swine

must be sent directly to slaughter under

permit in a conveyance closed with an

official seal applied and removed by

either an APHIS employee, a State

representative, an accredited

veterinarian, or an individual

authorized for this purpose by an APHIS

employee. The swine must be sent to a

recognized slaughtering establishment.

(b) If swine from herds that are

destroyed because the herds are known

to be infected with pseudorabies are not

accepted at a recognized slaughtering

establishment, or the owner and an

APHIS employee or State representative

agree they will not be accepted by a

recognized slaughtering establishment,

the Administrator is authorized to pay

100 percent of the expenses of the

purchase, destruction, and disposition

of such swine.

(Approved by the Office of Management and

Budget under control number 0579–0151)

4. In § 52.3, paragraph (a) is revised to

read as follows:

§ 52.3 Appraisal of swine.

(a) Herds of swine and individual

breeding sows to be destroyed because

they are known to be infected with

pseudorabies will be appraised by an

APHIS employee and a representative of

the State jointly, a representative of the

State alone, or, if the State authorities

approve, by an APHIS employee alone.

* * * * *

5. Section 52.6 is removed, § 52.7 is

redesignated as § 52.6, § 52.4 is

redesignated as § 52.7, § 52.5 is

redesignated as § 52.4 and revised, and

a new § 52.5 is added, to read as

follows:

§ 52.4 Presentation of claims.

(a) When swine have been destroyed

under § 52.2(a), any claim for indemnity

must be presented, along with the report

of net salvage proceeds required under

§ 52.5, to the veterinarian in charge on

a form furnished by APHIS.

(b) When swine have been destroyed

under § 52.2(b), any claim for indemnity

must be presented, through the

inspector in charge, to APHIS on a form

furnished by APHIS.

(c) For all claims for indemnity, the

owner of the swine must certify on the

20712 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

claim form that the swine covered are,

or are not, subject to any mortgage as

defined in this part. If the owner states

there is a mortgage, the owner and each

person holding a mortgage on the swine

must sign, consenting to the payment of

indemnity to the person specified on the

form.

(Approved by the Office of Management and

Budget under control number 0579–0137)

§ 52.5 Report of net salvage proceeds.

A report of the amount for net salvage

derived from the sale of each animal for

which a claim for indemnity is made

under § 52.2(a) must be made on a

salvage form that shows the gross

receipts, expenses if any, and net

proceeds. The original or a copy of the

salvage form must be furnished by the

owner to the veterinarian in charge.

(Approved by the Office of Management and

Budget under control number 0579–0151)

Done in Washington, DC, this 12th day of

April 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–9668 Filed 4–17–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 00–031–1]

Change in Disease Status of Japan

Because of Rinderpest and Foot-andMouth Disease

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations governing the importation of

certain animals, meat, and other animal

products by removing Japan from the

list of regions declared free of rinderpest

and foot-and-mouth disease. We are

taking this action because the existence

of foot-and-mouth disease has been

confirmed there. The effect of this

action is to prohibit or restrict the

importation into the United States from

Japan of any ruminant or swine, or any

fresh, chilled, or frozen meat of any

ruminant or swine. We are taking this

action as an emergency measure to

protect the livestock of the United States

from foot-and-mouth disease.

DATES: This interim rule was effective

March 8, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by June 19, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 00–031–

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. 00–031–

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.

Gary Colgrove, Chief Staff Veterinarian,

National Center for Import & Export, VS,

APHIS, 4700 River Road Unit 38,

Riverdale, MD 20737–1231; (301) 734–

3276.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

govern the importation of certain

animals and animal products into the

United States in order to prevent the

introduction of various animal diseases,

including rinderpest, foot-and-mouth

disease, African swine fever, hog

cholera, and swine vesicular disease.

These are dangerous and destructive

communicable diseases of ruminants

and swine. Section 94.1 of the

regulations lists regions of the world

that are declared free of rinderpest or

free of both rinderpest and foot-andmouth disease (FMD). Rinderpest or

FMD exists in all other regions of the

world not listed. Section 94.11 of the

regulations lists regions of the world

that have been determined to be free of

rinderpest and FMD, but are subject to

certain restrictions because of their

proximity to or trading relationships

with FMD-affected regions.

Prior to the effective date of this

interim rule, Japan was listed among

those countries considered free of

rinderpest and FMD. However, on

March 8, 2000, a suspected outbreak of

FMD was detected. And on March 27,

2000, Japan’s Ministry of Agriculture

notified us with confirmation of the

FMD diagnosis. Therefore, to protect the

livestock of the United States from

FMD, we are amending the regulations

in § 94.1 by removing Japan from the list

of regions that have been declared free

of rinderpest and FMD. We are also

removing Japan from the list of

countries in § 94.11 that are declared to

be free of these diseases, but that are

subject to certain restrictions because of

their proximity to or trading

relationships with FMD-affected

regions. As a result of this action, the

importation into the United States of

any ruminant or swine or any fresh

(chilled or frozen) meat of any ruminant

or swine that left Japan on or after

March 8, 2000, is prohibited or

restricted.

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment. Immediate action is

necessary to prevent the introduction of

FMD into the United States.

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 this action effective less than 30

days after publication. 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.

This interim rule amends the

regulations governing the importation of

certain animals, meat, and other animal

products by removing Japan from the

list of regions declared free of rinderpest

and FMD. We are taking this action

because Japan’s Ministry of Agriculture

has reported an outbreak of FMD in that

country. This action prohibits or

restricts the importation into the United

States of any ruminant or swine, or any

fresh (chilled or frozen) meat of any

ruminant or swine that left Japan on or