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

33139 

Vol. 74, No. 131 

Friday, July 10, 2009 

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: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2009-0040 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• 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 

§ 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 Montana. 

Immediate Action 

Immediate action is warranted to 

remove unnecessary restrictions on the 

interstate movement of cattle from 

Montana. Under these circumstances, 


erowe on DSK5CLS3C1PROD with RULES
33140 Federal Register / Vol. 74, No. 131 / Friday, July 10, 2009 / Rules and Regulations 

1USDA/National Agricultural Statistics Service 

(NASS), Cattle, released January 30, 2009. 

2USDA/NASS, Meat Animal Production, 

Disposition, and Income: 2007 Summary, April 

2008. 

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. 

4We 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. 

5Based upon 2007 Census of Agriculture—State 

Data and the ‘‘Small Business Size Standards by 

NAICS Industry,’’ Code of Federal Regulations, 

Title 13, Chapter I. 

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 § 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. 

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. 

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

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. 

■ 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: 7 U.S.C. 8301–8317; 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 the 

word ‘‘Montana,’’ after the word 

‘‘Missouri,’’. 

■ 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 

FEDERAL ELECTION COMMISSION 

11 CFR Part 111 

[Notice 2009–12] 

Procedural Rules for Audit Hearings 

AGENCY: Federal Election Commission. 

ACTION: Rule of Agency Procedure. 

SUMMARY: The Federal Election 

Commission (‘‘Commission’’) is 


erowe on DSK5CLS3C1PROD with RULES