[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Rules and Regulations]
[Pages 33139-33140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16336]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules 
and Regulations

[[Page 33139]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. APHIS-2009-0040]


Brucellosis in Cattle; State and Area Classifications; Montana

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 Montana 
from Class A to Class Free. We have determined that Montana meets the 
standards for Class Free status. This action relieves certain 
restrictions on the interstate movement of cattle from Montana.

DATES: This interim rule is effective July 10, 2009. We will consider 
all comments that we receive on or before September 8, 2009.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0040 to submit or view comments and 
to view supporting and related materials available electronically.
    <bullet> Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2009-0040, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2009-0040.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Debbi A. Donch, National 
Brucellosis Epidemiologist and Program Manager, Ruminant Health 
Programs Staff, National Center for Animal Health Programs, VS, APHIS, 
4700 River Road, Unit 43, Riverdale, MD 20737-1231; (301) 734-5952.

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 publication of this interim rule, Montana 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-affected cattle herd in Montana was detected 
in May 2008. The brucellosis reactor cattle in Montana were destroyed 
on May 27, 2008, and the affected herd was subsequently depopulated. 
Since then, no brucellosis-affected cattle herds have been detected in 
the State.
    After reviewing the brucellosis program records for Montana, we 
have concluded that this State meets the standards for Class Free 
status. Therefore, we are removing Montana from the list of Class A 
States in Sec.  78.41(b) and adding it to the list of Class Free States 
in Sec.  78.41(a). This action relieves certain restrictions on moving 
cattle interstate from Montana.

Immediate Action

    Immediate action is warranted to remove unnecessary restrictions on 
the interstate movement of cattle from Montana. Under these 
circumstances,

[[Page 33140]]

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 action effective less 
than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). 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.

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 under 
Executive Order 12866.
    Brucellosis is a contagious, costly disease of ruminant and other 
animals that can also affect humans. It is mainly a threat to cattle, 
bison, and swine. The disease causes decreased milk production, weight 
loss in animals, loss of young, infertility, and lameness. There is no 
known effective treatment. Depopulation of infected and exposed animals 
is the only effective means of disease containment and eradication.
    The State of Montana has met all the requirements for obtaining 
Class Free status as outlined in the definition of ``Class Free State 
or area'' in Sec.  78.1 of the regulations. This interim rule upgrades 
the brucellosis status of Montana from Class A to Class Free. Cattle 
and bison that are to be moved interstate from Class A States, except 
those moving directly to slaughter or to quarantined feedlots, must be 
tested before they are eligible for movement. Attaining Class Free 
status allows producers in Montana to forgo the cost of this testing.
    Brucellosis testing, including veterinary fees and handling 
expenses, costs between $7.50 and $15 per test. The expenses eliminated 
as a result of this reclassification in status will not be significant 
for cattle owners in Montana. In 2007, there were 11,526 cattle and 
calf operations in Montana, with total sales of 1.84 million head of 
cattle.\1\ The average per-head value in Montana was $1,050 in 2007.\2\ 
Thus, the cost of testing would represent between 0.7 and 1.4 percent 
of the average value of the animal sold.
---------------------------------------------------------------------------

    \1\ USDA/National Agricultural Statistics Service (NASS), 
Cattle, released January 30, 2009.
    \2\ USDA/NASS, Meat Animal Production, Disposition, and Income: 
2007 Summary, April 2008.
---------------------------------------------------------------------------

    In 2001, 818,146 cattle moved interstate from Montana, excluding 
cattle moved directly to slaughter.\3\ Assuming the current proportion 
of cattle moved interstate from Montana is similar to that in 2001, the 
overall annual cost for Montana cattle operations for brucellosis 
testing required under Class A classification is estimated to range 
between $6 million and $12 million.\4\ These costs will not be borne 
with promulgation of this rule.
---------------------------------------------------------------------------

    \3\ Dennis A Shields and Kenneth H Mathews, Interstate Livestock 
Movements, USDA/Economic Research Service (ERS), LDP-M-108-01, June 
2003 (http://www.ers.usda.gov/publications/ldp/jun03/ldpm10801/ldpm10801.pdf), and http://www.ers.usda.gov/Data/InterstateLivestockMovements/StateShipments.xls.
    \4\ We base this estimate on Montana's 2007 cattle inventory. 
The total cattle inventories in 2001 and 2007 were 2,550,000 and 
2,589,679, respectively. The calculated values were obtained as 
follows: (1) $6.2 million (= 818,146/
2,550,000*2,589,679*$7.5=$6,231,575) and (2) $12.5 million 
(=818,146/2,550,000*2,589,679*$15=$12,463,150). Cattle numbers are 
from USDA/NASS, Cattle, released on February 1, 2002 (http://usda.mannlib.cornell.edu/usda/nass/Catt/2000s/2002/Catt-02-01-2002.pdf) and USDA/NASS, 2007 Census of Agriculture.
---------------------------------------------------------------------------

    The Small Business Administration has established guidelines for 
determining whether an enterprise is considered small under the 
Regulatory Flexibility Act. An enterprise producing cattle and calves 
(North American Industry Classification System [NAICS] code 112111) is 
considered small if it has annual receipts of $750,000 or less. There 
were 11,526 farms with sales of cattle and calves in Montana in 2007. 
Over 98 percent of these farms had annual receipts not exceeding 
$750,000.\5\
---------------------------------------------------------------------------

    \5\ Based upon 2007 Census of Agriculture--State Data and the 
``Small Business Size Standards by NAICS Industry,'' Code of Federal 
Regulations, Title 13, Chapter I.
---------------------------------------------------------------------------

    We expect that the majority of cattle and calves operations that 
will be affected by the interim rule are small entities. The interim 
rule will benefit producers that sell cattle and calves out of State 
for breeding and feeding purposes. However, the savings from the 
forgone testing will be very small, estimated to be between 0.7 percent 
and 1.4 percent of the value of the animals sold.
    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.

0
Accordingly, we are amending 9 CFR part 78 as follows:

PART 78--BRUCELLOSIS

0
1. The authority citation for part 78 continues to read as follows:

    Authority:  7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


Sec.  78.41  [Amended]

0
2. Section 78.41 is amended as follows:
0
a. In paragraph (a), by adding the word ``Montana,'' after the word 
``Missouri,''.
0
b. In paragraph (b), by removing the word ``Montana'' and adding the 
word ``None'' in its place.

    Done in Washington, DC, this 6th day of July 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-16336 Filed 7-9-09; 8:45 am]
BILLING CODE 3410-34-P