[Federal Register: June 29, 2006 (Volume 71, Number 125)]
[Rules and Regulations]
[Page 36983-36984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn06-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. APHIS-2006-0001]
Brucellosis in Cattle; State and Area Classifications; Idaho
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the brucellosis regulations concerning interstate
movement of cattle by changing the classification of Idaho from Class
Free to Class A. That action was necessary to prevent the interstate
spread of brucellosis.
DATES: Effective on June 29, 2006, we are adopting as a final rule the
interim rule that became effective on January 12, 2006.
FOR FURTHER INFORMATION CONTACT: Dr. Debra Donch, National Brucellosis
Epidemiologist, National Center for Animal Health Programs, VS, APHIS,
4700 River Road Unit 43, Riverdale, MD 20737-1231; (301) 734-6954.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a contagious disease 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.
In an interim rule \1\ effective January 12, 2006, and published in
the Federal Register on January 19, 2006 (71 FR 2991-2993, Docket No.
APHIS-2006-0001), we amended Sec. 78.41 of the regulations by changing
the classification of Idaho from Class Free to Class A. That action was
necessary to prevent the interstate spread of brucellosis.
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\1\ To view the interim rule and the comments we received, go to
http://www.regulations.gov, click on the ``Advanced Search'' tab,
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2006-0001, then click on ``Submit.'' Clicking on the Docket ID link
in the search results page will produce a list of all documents in
the docket.
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Comments on the interim rule were required to be received on or
before March 20, 2006. We received two comments by that date. One
comment was from a private citizen who questioned why the affected
cattle had not been vaccinated for brucellosis. Although vaccination
can be effective to some degree in preventing the transmission and
spread of the Brucella bacteria, it is not 100 percent effective;
therefore, disease transmission may still occur even though a herd is
vaccinated. The commenter also objected to cattle being allowed to
graze on publicly owned land. This issue is not within the scope of the
interim rule.
The second comment was from a representative of the Idaho
Department of Agriculture, who stated that the Animal and Plant Health
Inspection Service (APHIS) should not have changed Idaho's brucellosis
status from Class Free to Class A because the second affected herd was
the result of the movement, from the first affected herd, of a heifer
that was subsequently classified as a reactor. According to the
commenter, the heifer cannot positively be diagnosed with brucellosis
because the heifer tested positive for Yersinia, because no Brucella
organism was cultured from the heifer's tissues, because the cow was
vaccinated with RB51, which could cause false positives in brucellosis
testing in some cases, and because the heifer was not pregnant and
there are no studies proving that a heifer that is not pregnant may
pass along the brucellosis bacteria through bodily discharge of wastes.
The regulations define an affected herd as ``Any herd in which any
animal has been classified as a brucellosis reactor and which has not
been released from quarantine.'' Both herds designated as affected
herds in Idaho contained at least one animal that was classified by the
State's designated brucellosis epidemiologist as a brucellosis reactor.
The State's designated brucellosis epidemiologist classified the
heifer as a brucellosis reactor based on that fact that it originated
from an infected herd and based on a panel of positive serological test
results, which were repeated in both State and Federal laboratories.
Culture confirmation of reactors is not 100 percent successful in all
brucellosis cases and therefore is not required under the regulations
for classification of infected animals. Although Yersinia, another
bacteria found in cattle, may cause false positive results on a
serologic test for Brucella, most of these tests are not able to
differentiate Brucella from Yersinia. Currently there is no conclusive
evidence that the RB51 vaccine caused the positive results on the
serology tests for Brucella.
Although the probability of brucellosis exposure from a virgin
heifer is lower than from a pregnant heifer because the primary method
of transmission of brucellosis is usually via an infected, aborted
fetus, an infected newborn calf, and/or infected tissues and fluids
that accompany a birth event, transmission of brucellosis via the urine
and feces of infected animals is also possible.
In addition, State status is based on herd infection rates, not on
the likelihood of disease transmission. The regulations specifically
state that to qualify for Class Free status, a State ``must have a
cattle herd infection rate, based on the number of herds found to have
brucellosis reactors within the State or area during any 12 consecutive
months due to field strain Brucella abortus of 0.0 percent or 0 herds
per 1,000.'' Idaho has exceeded the criteria of 0.0 percent herd
infection rate according to the regulations. Idaho also does not
qualify for retaining its Class Free status because more than one herd
has been found to be affected with brucellosis during a 2-year period.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule without
change. This action also affirms the information contained in the
interim rule concerning Executive Order 12866 and the Regulatory
Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork
Reduction Act.
Further, for this action the Office of Management and Budget has
waived its review under Executive Order 12866.
List of Subjects in 9 CFR Part 78
Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and
recordkeeping requirements, Transportation.
[[Page 36984]]
PART 78--BRUCELLOSIS
0
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 9 CFR part 78 and that was published at 71 FR
2991-2993 on January 19, 2006.
Done in Washington, DC, this 23rd day of June 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-5800 Filed 6-28-06; 8:45 am]
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