Brucellosis in Cattle; State and Area Classifications; Idaho, 36983-36984 [06-5800]
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Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Rules and Regulations
(4) Be subject to substantially the
same risks (frequency and severity of
loss would be expected to be
comparable from the same cause of
loss);
*
*
*
*
*
Signed in Washington, DC, on June 23,
2006.
Eldon Gould,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. 06–5809 Filed 6–28–06; 8:45 am]
BILLING CODE 3410–08–P
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
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
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:
cprice-sewell on PROD1PC66 with RULES
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.
VerDate Aug<31>2005
14:28 Jun 28, 2006
Jkt 208001
36983
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 § 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.
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.
1 To view the interim rule and the comments we
received, go to https://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.
List of Subjects in 9 CFR Part 78
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Animal diseases, Bison, Cattle, Hogs,
Quarantine, Reporting and
recordkeeping requirements,
Transportation.
E:\FR\FM\29JNR1.SGM
29JNR1
36984
Federal Register / Vol. 71, No. 125 / Thursday, June 29, 2006 / Rules and Regulations
PART 78—BRUCELLOSIS
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.
I
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]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–23578; Directorate
Identifier 2006–CE–01–AD; Amendment 39–
14668; AD 2006–13–15]
RIN 2120–AA64
Airworthiness Directives; Mitsubishi
Heavy Industries MU–2B Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for all
Mitsubishi Heavy Industries MU–2B
series airplanes. This AD requires you to
do the following: Remove and visually
inspect the wing attach barrel nuts,
bolts, and retainers for cracks, corrosion,
and fractures; replace any cracked,
corroded, or fractured parts; inspect
reusable wing attach barrel nuts and
bolts for deformation and irregularities
in the threads; check the minimum
breakaway torque of reused wing attach
barrel nuts; replace any deformed or
irregular parts; and install new or
reusable parts and torque to the correct
value. This AD results from a recent
safety evaluation that used a data-driven
approach to evaluate the design,
operation, and maintenance of the MU–
2B series airplanes in order to determine
their safety and define what steps, if
any, are necessary for their safe
operation. Part of that evaluation was
the identification of unsafe conditions
that exist or could develop on the
affected type design airplanes. We are
issuing this AD to detect and correct
cracks, corrosion, fractures, and
incorrect torque values in the wing
attach barrel nuts, which could result in
failure of the wing barrel nuts and/or
associated wing attachment hardware.
This failure could lead to in-flight
separation of the outer wing from the
center wing section and result in loss of
controlled flight.
DATES: This AD becomes effective on
August 11, 2006.
As of August 11, 2006, the Director of
the Federal Register approved the
incorporation by reference of certain
publications listed in the regulation.
ADDRESSES: For service information
identified in this AD, contact Mitsubishi
Heavy Industries America, Inc., 4951
Airport Parkway, Suite 800, Addison,
Texas 95001; telephone: (972) 934–
5480; fax: (972) 934–5488, or Turbine
Aircraft Services, Inc., 4550 Jimmy
Doolittle Drive, Addison, Texas 75001;
telephone: (972) 248–3108; facsimile:
(972) 248–3321.
To view the AD docket, go to the
Docket Management Facility, U.S.
Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001, or on the Internet at https://
dms.dot.gov. The docket number is
FAA–2006–23578; Directorate Identifier
2006–CE–01–AD.
FOR FURTHER INFORMATION CONTACT:
Andrew McAnaul, Aerospace Engineer,
ASW–150 (c/o MIDO–43), 10100
Reunion Place, Suite 650, San Antonio,
Texas 78216; telephone: (210) 308–
3365; facsimile: (210) 308–3370.
SUPPLEMENTARY INFORMATION:
Discussion
On April 18, 2006, we issued a
proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to
include an AD that would apply to all
Mitsubishi Heavy Industries MU–2B
series airplanes. This proposal was
published in the Federal Register as a
supplemental notice of proposed
rulemaking (NPRM) on April 24, 2006
(71 FR 20915). We issued the
supplemental NPRM to incorporate
revised manufacturer service
information that adds airplanes to the
applicability, revises the serial numbers
of the affected airplanes, and updates
the manufacturer’s contact information.
The supplemental NPRM proposed to
require you to do the following:
• Remove and visually inspect the
wing attach barrel nuts, bolts, and
retainers for cracks, corrosion, and
fractures;
• Replace any cracked, corroded, or
fractured wing attach barrel nuts, bolts,
and retainers with new parts;
• Inspect reusable wing attach barrel
nuts and bolts for deformation and
irregularities in the threads;
• Check the minimum breakaway
torque of reused wing attach barrel nuts;
• Replace any deformed or irregular
wing attach barrel nuts or bolts with
new parts; and
• Install new or reusable parts and
torque to the correct value.
Comments
We provided the public the
opportunity to participate in developing
this AD. We received no comments on
the proposal or on the determination of
the cost to the public.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed except for
minor editorial corrections. We have
determined that these minor
corrections:
• are consistent with the intent that
was proposed in the NPRM for
correcting the unsafe condition; and
• do not add any additional burden
upon the public than was already
proposed in the NPRM.
Costs of Compliance
We estimate that this AD affects 399
airplanes in the U.S. registry.
We estimate the following costs to do
the inspection:
Parts cost
Total cost for
each airplane
12 work-hours × $80 an hour = $960 ..................................................................
cprice-sewell on PROD1PC66 with RULES
Labor cost
Not applicable ....
$960
We estimate the following costs to do
any necessary replacements that will be
VerDate Aug<31>2005
14:28 Jun 28, 2006
Jkt 208001
required based on the results of the
inspection. We have no way of
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Total cost on U.S. operators
$960 × 399 = $383,040
determining the number of airplanes
that may need this replacement:
E:\FR\FM\29JNR1.SGM
29JNR1
]]>Agencies
[Federal Register Volume 71, Number 125 (Thursday, June 29, 2006)]
[Rules and Regulations]
[Pages 36983-36984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5800]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ To view the interim rule and the comments we received, go to
https://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.
---------------------------------------------------------------------------
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]
BILLING CODE 3410-34-P
