[Federal Register: June 24, 1998 (Volume 63, Number 121)]
[Rules and Regulations]               
[Page 34266-34267]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn98-5]

-----------------------------------------------------------------------

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 Sec. 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 
brucellosis-infected 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 
brucellosis-free State. Therefore, we are adding Oklahoma to the list 
of States in Sec. 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

[[Page 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).


Sec. 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