This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

32893

Vol. 66, No. 118

Tuesday, June 19, 2001

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 01–020–1]

Brucellosis in Cattle; State and Area

Classifications; Florida

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 Florida

from Class A to Class Free. We have

determined that Florida meets the

standards for Class Free status. This

action relieves certain restrictions on

the interstate movement of cattle from

Florida.

DATES: This interim rule was effective

June 13, 2001. We invite you to

comment on this docket. We will

consider all comments that we receive

by August 20, 2001

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 01–020–1,

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. 01–020–1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue

SW., Washington, DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Valerie Ragan, Senior Staff Veterinarian,

National Animal Health Programs, VS,

APHIS, 4700 River Road Unit 43,

Riverdale, MD 20737–1231; (301) 734–

7708.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a contagious disease

affecting animals and humans, caused

by bacteria of the genus Brucella.

The brucellosis regulations, contained

in 9 CFR part 78 (referred to below as

the regulations), provide a system for

classifying States or portions of States

according to the rate of Brucella

infection present and the general

effectiveness of a brucellosis control and

eradication program. The classifications

are Class Free, Class A, Class B, and

Class C. States or areas that do not meet

the minimum standards for Class C are

required to be placed under Federal

quarantine.

The brucellosis Class Free

classification is based on a finding of no

known brucellosis in cattle for the 12

months preceding classification as Class

Free. The Class C classification is for

States or areas with the highest rate of

brucellosis. Class A and Class B fall

between these two extremes.

Restrictions on moving cattle interstate

become less stringent as a State

approaches or achieves Class Free

status.

The standards for the different

classifications of States or areas entail

(1) maintaining a cattle herd infection

rate not to exceed a stated level during

12 consecutive months; (2) tracing back

to the farm of origin and successfully

closing a stated percentage of all

brucellosis reactor cases found in the

course of Market Cattle Identification

(MCI) testing; (3) maintaining a

surveillance system that includes testing

of dairy herds, participation of all

recognized slaughtering establishments

in the MCI program, identification and

monitoring of herds at high risk of

infection (including herds adjacent to

infected herds and herds from which

infected animals have been sold or

received), and having an individual

herd plan in effect within a stated

number of days after the herd owner is

notified of the finding of brucellosis in

a herd he or she owns; and (4)

maintaining minimum procedural

standards for administering the

program.

Before the effective date of this

interim rule, Florida was classified as a

Class A State.

To attain and maintain Class Free

status, a State or area must (1) remain

free from field strain Brucella abortus

infection for 12 consecutive months or

longer; (2) trace back at least 90 percent

of all brucellosis reactors found in the

course of MCI testing to the farm of

origin; (3) successfully close at least 95

percent of the MCI reactor cases traced

to the farm of origin during the

consecutive 12-month period

immediately prior to the most recent

anniversary of the date the State or area

was classified Class Free; and (4) have

a specified surveillance system, as

described above, including an approved

individual herd plan in effect within 15

days of locating the source herd or

recipient herd.

The last brucellosis-infected cattle

herd in Florida was released from

quarantine in December 2000. Since

then, no brucellosis-affected herds have

been detected.

After reviewing the brucellosis

program records for Florida, we have

concluded that this State meets the

standards for Class Free status.

Therefore, we are removing Florida from

the list of Class A States in § 78.41(b)

and adding it to the list of Class Free

States in § 78.41(a). This action relieves

certain restrictions on moving cattle

interstate from Florida.

Immediate Action

Immediate action is warranted to

remove unnecessary restrictions on the

interstate movement of cattle from

Florida. Under these circumstances, the

Administrator has determined that prior

notice and opportunity for public

comment are contrary to the public

interest and that there is good cause

under 5 U.S.C. 553 for making this rule

effective less than 30 days after

publication in the Federal Register.

We will consider comments that are

received within 60 days of publication

of this rule in the Federal Register.

After the comment period closes, we

32894 Federal Register / Vol. 66, No. 118 / Tuesday, June 19, 2001 / Rules and Regulations

will publish another document in the

Federal Register. The document will

include a discussion of any comments

we receive and any amendments we are

making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

Cattle moved interstate are moved for

slaughter, for use as breeding stock, or

for feeding. Changing the brucellosis

status of Florida from Class A to Class

Free will promote economic growth by

reducing certain testing and other

requirements governing the interstate

movement of cattle from this State.

Testing requirements for cattle moved

interstate for immediate slaughter or to

quarantined feedlots are not affected by

this change. Cattle from certified

brucellosis-free herds moving interstate

are not affected by this change.

The groups affected by this action will

be herd owners in Florida, as well as

buyers and importers of cattle from this

State.

There are an estimated 20,000 cattle

operations in Florida that may be

affected by this rule. Approximately 95

to 98 percent of these are owned by

small entities. Test-eligible cattle offered

for sale interstate from other than

certified-free herds must have a negative

test under present Class A status

regulations, but not under regulations

concerning Class Free status. If such

testing were distributed equally among

all animals affected by this rule, Class

Free status would save approximately

$5 to $6 per head.

Therefore, we believe that changing

the brucellosis status of Florida will not

have a significant economic effect on

the small entities affected by this

interim rule.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This interim rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule: (1) Preempts

all State and local laws and regulations

that are in conflict with this rule; (2) has

no retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This interim rule contains no

information collection or recordkeeping

requirements under the Paperwork

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

et seq.).

List of Subjects in 9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

Accordingly, we are amending 9 CFR

part 78 as follows:

PART 78—BRUCELLOSIS

1. The authority citation for part 78

continues to read as follows:

Authority: 21 U.S.C. 111–114a–1, 114g,

115, 117, 120, 121, 123–126, 134b, and 134f;

7 CFR 2.22, 2.80, and 371.4.

§ 78.41 [Amended]

2. Section 78.41 is amended as

follows:

a. In paragraph (a), by adding

‘‘Florida,’’ in alphabetical order.

b. In paragraph (b), by removing

‘‘Florida,’’.

Done in Washington, DC, this 13th day of

June 2001.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 01–15409 Filed 6–18–01; 8:45 am]

BILLING CODE 3410–34–P

SMALL BUSINESS ADMINISTRATION

13 CFR Part 108

RIN 3245–AE40

New Markets Venture Capital Program;

Correction

AGENCY: U.S. Small Business

Administration.

ACTION: Final rule; Withdrawal of

interim final rule; Correction.

SUMMARY: The Small Business

Administration (SBA) published in the

Federal Register of May 23, 2001 (66 FR

28602), a final rule implementing the

New Markets Venture Capital Program

and withdrawing a previous interim

final rule. SBA now makes technical

corrections to fix clerical and/or

typographical errors in the previously

published final rule.

DATES: The technical corrections to this

rule are effective on May 23, 2001.

FOR FURTHER INFORMATION CONTACT:

Austin Belton, Director, Office of New

Markets Venture Capital, 202–205–7027;

or Louis Cupp, Policy Analyst, Office of

New Markets Venture Capital, 202–619–

0511.

SUPPLEMENTARY INFORMATION: The SBA

published a final rule in the Federal

Register on May 23, 2001 (66 FR 28602)

implementing the New Markets Venture

Capital Program and withdrawing a

previous interim final rule. The

published rule contained several

clerical and/or typographical errors.

Because the errors are not significant in

nature and number, SBA believes that

listing the corrections is sufficient.

Therefore, make the following

corrections to FR Doc. 01–12501

published on May 23, 2001 (66 FR

28602):

1. On page 28602, in the first column,

under the DATES heading, correct the

citation ‘‘40 CFR part 108’’ under the

‘‘Withdrawal Date’’ subheading to read

‘‘13 CFR part 108’’.

PART 108—[CORRECTED]

2. On page 28610, in the third

column, 2d and 1st lines from the

bottom, the Authority citation is

corrected to read as follows:

Authority: 15 U.S.C. 689–689q.

§ 108.150 [Corrected]

3. On page 28615, in the second

column, under § 108.150(c) introductory

text, correct the first sentence to read as

follows:

§ 108.150 Management and ownership

diversity requirement.

* * * * *

(c) * * * At least 30 percent of your

Regulatory Capital and Leverageable

Capital must be owned and controlled

by three Persons unaffiliated with your

management and unaffiliated with each

other, whose investments are significant

in dollar and percentage terms as

determined by SBA. * * *

* * * * *

§ 108.2010 [Corrected]

4. On page 28632, in the first column,

under § 108.2010(b), last line, correct

the citation ‘‘48 CFR 31.001’’ to read ‘‘48

CFR 2.101’’.