Brucellosis in Swine; Add Florida to List of Validated Brucellosis-Free States, 22588-22589 [05-8660]
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Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations
present to an APHIS inspector at the
port of first arrival, at or prior to the
time of entry, one or more certificates
for each arriving aircraft that carries
packages employing solid wood packing
material. The company may present one
certificate in cases where the company
has arranged treatment of all solid wood
packing material on the flight, and may
present multiple certificates in cases
where packages with solid wood
packing material were accepted for
delivery by the company from multiple
customers, each of whom arranged for
treatment and certification of their
respective packages. The certificates
must be signed by an official of the
applicable government agency
authorized by the government of the
Peoples Republic of China or the Hong
Kong Special Administrative Region,
and must state that the solid wood
packing material, prior to export from
the Peoples Republic of China including
Hong Kong, has been heat treated,
fumigated and aerated, or treated with
preservatives using a treatment schedule
contained in § 319.40–7 or in the Plant
Protection and Quarantine Treatment
Manual. If the aircraft contains no
packages that employ solid wood
packing material, or contains both
packages that do and do not employ
solid wood packing material, the
overnight courier or express delivery
company must also present to an APHIS
inspector at the port of first arrival, at
or prior to the time of entry, one or more
exporter statements stating that the
packages on the aircraft not covered by
a certificate contain no solid wood
packing material.
(j) Customs entry or entry summary
filing requirements. By instruction, the
United States Customs Service will
inform importers of any information
that may be required on entry or entry
summary documentation under the
Automated Broker Interface or other
entry filing systems, electronic or
otherwise, with regard to recording the
existence of certificates, importer
statements affirming that the importer
has on file at his or her office any
certificate required, and exporter
statements that there is no solid wood
packing material in a shipment.
(k) Liability under the Customs import
bond and international carrier bond.
Any failure of an importer to comply
with any of the provisions regarding the
maintenance or presentation of records
or information as prescribed in this
subpart may result in liability under the
Customs basic import bond. Any failure
of a carrier to comply with any of the
provisions regarding the maintenance or
presentation of records or information
as prescribed in this subpart may result
VerDate jul<14>2003
17:18 Apr 29, 2005
Jkt 205001
• Edocket: Go to https://www.epa.gov/
feddocket to submit or view public
comments, access the index listing of
the contents of the official public
Effective Date Note: At 69 FR 55733, Sept.
docket, and to access those documents
16, 2004, § 319.40–5 was amended in
paragraphs (b)(1)(i)(C), (b)(2), and (b)(2)(i), by in the public docket that are available
electronically. Once you have entered
removing the words ‘‘solid wood packing
EDOCKET, click on the ‘‘View Open
materials’’ each time they occur and adding
APHIS Dockets’’ link to locate this
the words ‘‘regulated wood packaging
material’’ in their place, and removing
document.
paragraphs (g) through (k), effective Sept. 16,
• Postal Mail/Commercial Delivery:
2005.
Please send four copies of your
I 4. In § 319.40–10, footnote 6, the words comment (an original and three copies)
‘‘without meeting the requirements of
to Docket No. 05–009–1, Regulatory
this subpart’’ are removed and the words Analysis and Development, PPD,
‘‘without a complete certificate or
APHIS, Station 3C71, 4700 River Road
exporter statement’’ are reinstated in its Unit 118, Riverdale, MD 20737–1238.
place, and an effective date note is added Please state that your comment refers to
to the end of the section to read as
Docket No. 05–009–1.
follows:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
§ 319.40–10 Costs and charges.
the instructions for locating this docket
*
*
*
*
*
and submitting comments.
Effective Date Note: At 69 FR 55733, Sept.
Reading Room: You may read any
16, 2004, § 319.40–10 was amended in
comments that we receive on this
footnote 6, the words ‘‘without a complete
docket in our reading room. The reading
certificate or exporter statement’’ are
removed and the words ‘‘without meeting the room is located in room 1141 of the
USDA South Building, 14th Street and
requirements of this subpart’’ are added in
Independence Avenue SW.,
their place, effective Sept. 16, 2005.
Washington, DC. Normal reading room
[FR Doc. 05–55505 Filed 4–29–05; 8:45 am]
hours are 8 a.m. to 4:30 p.m., Monday
BILLING CODE 1505–01–D
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
DEPARTMENT OF AGRICULTURE
coming.
Other Information: You may view
Animal and Plant Health Inspection
APHIS documents published in the
Service
Federal Register and related
information on the Internet at https://
9 CFR Part 78
www.aphis.usda.gov/ppd/rad/
webrepor.html.
[Docket No. 05–009–1]
in liability under the international
carrier bond.
*
*
*
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Brucellosis in Swine; Add Florida to
List of Validated Brucellosis-Free
States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
SUMMARY: We are amending the
brucellosis regulations concerning the
interstate movement of swine by adding
Florida to the list of validated
brucellosis-free States. We have
determined that Florida meets the
criteria for classification as a validated
brucellosis-free State. This action
relieves certain restrictions on the
interstate movement of breeding swine
from Florida.
DATES: This interim rule is effective on
May 2, 2005. We will consider all
comments that we receive on or before
July 1, 2005.
ADDRESSES: You may submit comments
by any of the following methods:
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Dr.
John Korslund, Staff Veterinarian
(Swine Health), Eradication and
Surveillance Team, National Center for
Animal Health Programs, VS, APHIS,
4700 River Road Unit 43, Riverdale, MD
20737–1231; (301) 734–5914.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Brucellosis is a contagious disease
caused by bacteria of the genus Brucella.
The disease mainly affects cattle, bison,
and swine, but goats, sheep, horses, and
even humans are susceptible. In its
principal animal hosts, it causes loss of
young through spontaneous abortion or
birth of weak offspring, reduced milk
production, and infertility. There is no
economically feasible treatment for
brucellosis in livestock. In humans,
brucellosis initially causes flu-like
symptoms, but the disease may develop
into a variety of chronic conditions,
including arthritis. Humans can be
treated for brucellosis with antibiotics.
E:\FR\FM\02MYR1.SGM
02MYR1
Federal Register / Vol. 70, No. 83 / Monday, May 2, 2005 / Rules and Regulations
The brucellosis regulations in 9 CFR
part 78 (referred to below as the
regulations) contain specific provisions
for cattle, bison, and swine. Under the
regulations, States, herds, and
individual animals are classified
according to their brucellosis status.
Interstate movement requirements for
animals are based upon the disease
status of the individual animals or the
herd or State from which the animal
originates.
We are amending § 78.43 of the
regulations, which lists validated swine
brucellosis-free States, to include
Florida. A State may apply for validated
brucellosis-free status when:
• 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 brucellosisinfected herd during the qualification
period disqualifies the State from
validation as brucellosis-free; and
• 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 the State’s brucellosis
program records, we have concluded
that Florida meets the criteria for
classification as a validated brucellosisfree State. Therefore, we are adding
Florida to the list of validated
brucellosis-free States in § 78.43. This
action relieves certain restrictions on
the interstate movement of breeding
swine from Florida.
Immediate Action
Immediate action is warranted to
remove restrictions that are no longer
necessary on the interstate movement of
swine 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 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
VerDate jul<14>2003
17:18 Apr 29, 2005
Jkt 205001
we receive and any amendments we are
making to the rule.
Executive Order 12866 and Regulatory
Flexibility Act
For this action, the Office of
Management and Budget has waived its
review under Executive Order 12866.
We are amending the brucellosis
regulations concerning the interstate
movement of swine by adding Florida to
the list of validated brucellosis-free
States. As of January 1, 2005, 48 States,
plus Puerto Rico and the U.S. Virgin
Islands, were classified as validated
brucellosis-free States. The State of
Florida has been classified as a Stage II
State, but now meets the requirements
for being listed as Stage III (validated
brucellosis-free) State.
This interim rule grants swine
producers in Florida validated
brucellosis-free status. This rule will
benefit breeding stock owners in Florida
who will no longer have to incur the
cost of brucellosis testing on sows and
other breeding stock. The estimated cost
of brucellosis testing ranges from $7.50
to $15 per animal, which includes
veterinary and handling fees. As of
October 2004, the national average value
of a sow was $207 per head. Thus, cost
savings associated with suspending
brucellosis testing for breeding swine to
be moved interstate from Florida is
roughly between 3.6 and 7.2 percent of
the value of the animal.
According to the 2002 Census of
Agriculture, there were 887 farms in
Florida with hogs or pigs used or to be
used for breeding, with an inventory of
7,799 animals. Of those farms, 830 had
inventories of 1–24 animals, and
another 41 had inventories of 25–49
animals. The small business size
standards for hog and pig operations, as
identified by the Small Business
Administration, is $750,000 or less in
annual receipts. Given that criterion, it
is reasonable to assume that over 90
percent of farms with breeding swine in
Florida are small entities.
Florida has been classified as a Stage
II State requiring annual testing of the
breeding stock in its swine operations.
However, Florida has met the
requirements to be listed as a validated
brucellosis-free State. The change in the
status of Florida would lead to cost
savings to the breeding segment of
swine production, but we do not expect
the cost savings will have a significant
economic impact on affected small
entity producers. This rule will not
result in any additional costs for
affected small entities.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
22589
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 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:
I
PART 78—BRUCELLOSIS
1. The authority citation for part 78
continues to read as follows:
I
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
§ 78.43
[Amended]
2. Section 78.43 is amended by adding,
in alphabetical order, the word,
‘‘Florida.’’
I
Done in Washington, DC, this 26th day of
April 2005.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–8660 Filed 4–29–05; 8:45 am]
BILLING CODE 3410–34–P
E:\FR\FM\02MYR1.SGM
02MYR1
Agencies
[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22588-22589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8660]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. 05-009-1]
Brucellosis in Swine; Add Florida to List of Validated
Brucellosis-Free States
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 Florida to the list of validated
brucellosis-free States. We have determined that Florida meets the
criteria for classification as a validated brucellosis-free State. This
action relieves certain restrictions on the interstate movement of
breeding swine from Florida.
DATES: This interim rule is effective on May 2, 2005. We will consider
all comments that we receive on or before July 1, 2005.
ADDRESSES: You may submit comments by any of the following methods:
Edocket: Go to https://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 05-009-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 05-009-1.
Federal eRulemaking Portal: Go to https://
www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
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: You may view APHIS documents published in the
Federal Register and related information on the Internet at https://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. John Korslund, Staff Veterinarian
(Swine Health), Eradication and Surveillance Team, National Center for
Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale,
MD 20737-1231; (301) 734-5914.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a contagious disease caused by bacteria of the genus
Brucella. The disease mainly affects cattle, bison, and swine, but
goats, sheep, horses, and even humans are susceptible. In its principal
animal hosts, it causes loss of young through spontaneous abortion or
birth of weak offspring, reduced milk production, and infertility.
There is no economically feasible treatment for brucellosis in
livestock. In humans, brucellosis initially causes flu-like symptoms,
but the disease may develop into a variety of chronic conditions,
including arthritis. Humans can be treated for brucellosis with
antibiotics.
[[Page 22589]]
The brucellosis regulations in 9 CFR part 78 (referred to below as
the regulations) contain specific provisions for cattle, bison, and
swine. Under the regulations, States, herds, and individual animals are
classified according to their brucellosis status. Interstate movement
requirements for animals are based upon the disease status of the
individual animals or the herd or State from which the animal
originates.
We are amending Sec. 78.43 of the regulations, which lists
validated swine brucellosis-free States, to include Florida. A State
may apply for validated brucellosis-free status when:
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
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 the State's brucellosis program records, we have
concluded that Florida meets the criteria for classification as a
validated brucellosis-free State. Therefore, we are adding Florida to
the list of validated brucellosis-free States in Sec. 78.43. This
action relieves certain restrictions on the interstate movement of
breeding swine from Florida.
Immediate Action
Immediate action is warranted to remove restrictions that are no
longer necessary on the interstate movement of swine 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 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
For this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
We are amending the brucellosis regulations concerning the
interstate movement of swine by adding Florida to the list of validated
brucellosis-free States. As of January 1, 2005, 48 States, plus Puerto
Rico and the U.S. Virgin Islands, were classified as validated
brucellosis-free States. The State of Florida has been classified as a
Stage II State, but now meets the requirements for being listed as
Stage III (validated brucellosis-free) State.
This interim rule grants swine producers in Florida validated
brucellosis-free status. This rule will benefit breeding stock owners
in Florida who will no longer have to incur the cost of brucellosis
testing on sows and other breeding stock. The estimated cost of
brucellosis testing ranges from $7.50 to $15 per animal, which includes
veterinary and handling fees. As of October 2004, the national average
value of a sow was $207 per head. Thus, cost savings associated with
suspending brucellosis testing for breeding swine to be moved
interstate from Florida is roughly between 3.6 and 7.2 percent of the
value of the animal.
According to the 2002 Census of Agriculture, there were 887 farms
in Florida with hogs or pigs used or to be used for breeding, with an
inventory of 7,799 animals. Of those farms, 830 had inventories of 1-24
animals, and another 41 had inventories of 25-49 animals. The small
business size standards for hog and pig operations, as identified by
the Small Business Administration, is $750,000 or less in annual
receipts. Given that criterion, it is reasonable to assume that over 90
percent of farms with breeding swine in Florida are small entities.
Florida has been classified as a Stage II State requiring annual
testing of the breeding stock in its swine operations. However, Florida
has met the requirements to be listed as a validated brucellosis-free
State. The change in the status of Florida would lead to cost savings
to the breeding segment of swine production, but we do not expect the
cost savings will have a significant economic impact on affected small
entity producers. This rule will not result in any additional costs for
affected small entities.
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 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. 78.43 [Amended]
0
2. Section 78.43 is amended by adding, in alphabetical order, the word,
``Florida.''
Done in Washington, DC, this 26th day of April 2005.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-8660 Filed 4-29-05; 8:45 am]
BILLING CODE 3410-34-P