Brucellosis in Cattle; Research Facilities, 10137-10138 [E8-3591]
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
(viii) Except as provided in paragraph
(d)(1)(xii) of this section, to pay a civil
penalty of not less than $275 and not
more than $2,200 for each individual
discriminated against before March 27,
2008, and not less than $375 and not
more than $3,200 for each individual
discriminated against on or after March
27, 2008;
(ix) Except as provided in paragraph
(d)(1)(xii) of this section, in the case of
a person or entity previously subject to
a single final order under section
274B(g)(2) of the INA, to pay a civil
penalty of not less than $2,200 and not
more than $5,500 for each individual
discriminated against before March 27,
2008, and not less than $3,200 and not
more than $6,500 for each individual
discriminated against on or after March
27, 2008;
(x) Except as provided in paragraph
(d)(1)(xii) of this section, in the case of
a person or entity previously subject to
more than one final order under section
274B(g)(2) of the INA, to pay a civil
penalty of not less than $3,300 and not
more than $11,000 for each individual
discriminated against before March 27,
2008, and not less than $4,300 and not
more than $16,000 for each individual
discriminated against on or after March
27, 2008;
*
*
*
*
*
(e) * * *
(1) * * *
(i) Not less than $275 and not more
than $2,200 for each document that is
the subject of a violation under section
274C(a)(1) through (4) of the INA before
March 27, 2008, and not less than $375
and not more than $3,200 for each
document that is the subject of a
violation under section 274C(a)(1)
through (4) of the INA on or after March
27, 2008;
(ii) Not less than $250 and not more
than $2,000 for each document that is
the subject of a violation under section
274C(a)(5) or (6) of the INA before
March 27, 2008, and not less than $275
and not more than $2,200 for each
document that is the subject of a
violation under section 274C(a)(5) or (6)
of the INA on or after March 27, 2008;
(iii) In the case of a respondent
previously subject to one or more final
orders under section 274C(d)(3) of the
INA, not less than $2,200 and not more
than $5,500 for each document that is
the subject of a violation under section
274C(a)(1) through (4) of the INA before
March 27, 2008, and not less than
$3,200 and not more than $6,500 for
each document that is the subject of a
violation under section 274C(a)(1)
through (4) of the INA on or after March
27, 2008; or
VerDate Aug<31>2005
19:04 Feb 25, 2008
Jkt 214001
(iv) In the case of a respondent
previously subject to one or more final
orders under section 274C(d)(3) of the
INA, not less than $2,000 and not more
than $5,000 for each document that is
the subject of a violation under section
274C(a)(5) or (6) of the INA before
March 27, 2008, and not less than
$2,200 and not more than $5,500 for
each document that is the subject of a
violation under section 274C(a)(5) or (6)
of the INA on or after March 27, 2008.
*
*
*
*
*
Dated: January 23, 2008.
Michael B. Mukasey,
Attorney General, Department of Justice.
Dated: February 11, 2008.
Michael Chertoff,
Secretary, Department of Homeland Security.
[FR Doc. E8–3320 Filed 2–25–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 78
[Docket No. APHIS–2006–0183]
RIN 0579–AC21
Brucellosis in Cattle; Research
Facilities
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: We are amending brucellosis
regulations by providing an exception in
the definition of herd for animals held
within a federally approved brucellosis
research facility, in order to facilitate
research on brucellosis-exposed or
infected animals in those facilities. Prior
to this rule, such animals constituted a
herd, and the presence of brucellosispositive herds within a State can
adversely affect that State’s brucellosis
classification. By providing an
exception for brucellosis-exposed or
infected animals held within federally
approved research facilities, this rule
will enable initiation of necessary
brucellosis research in Class Free States.
DATES: Effective Date: March 27, 2008.
FOR FURTHER INFORMATION CONTACT: Dr.
Debra Donch, National Brucellosis
Epidemiologist, National Center for
Animal Health Programs, VS, APHIS,
4700 River Road, Unit 136, Riverdale,
MD 20737–1231; (301) 734–5952.
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4700
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10137
Background
Brucellosis is a contagious disease
affecting animals and humans and
caused by bacteria of the genus Brucella.
The brucellosis regulations 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.
In § 78.1, the regulations require that,
to achieve and retain Class Free status,
a State or area must have no cattle herds
under quarantine. In the same section,
herd is defined, in part, as ‘‘all animals
under common ownership or
supervision that are grouped on one or
more parts of any single premises (lot,
farm, or ranch).’’ Such a definition
effectively precludes brucellosis
research in Class Free States or areas,
since infected animals may be used for
such research, and the animals held in
a research facility would be considered
a herd under that definition of the term.
Since expertise and infrastructure that
could potentially benefit this country’s
brucellosis eradication efforts can be
found in many Class Free States, this
definition may impede the progress of
brucellosis research and delay the
eradication of the disease within the
United States.
On December 13, 2006, we published
in the Federal Register (71 FR 74826–
74827) a proposal 1 to amend the
definition of herd to create an exception
for brucellosis-exposed or infected
animals held within federally approved
research facilities, so that such animals
would no longer be considered a herd.
We proposed this change to allow States
to undertake brucellosis research
1 To view the proposed rule and the comments
we received, go to
https://www.regulations.gov/fdmspublic/component/
main?main=DocumentDetail&d=APHIS–2006–
0183.
E:\FR\FM\26FER1.SGM
26FER1
10138
Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
pwalker on PROD1PC71 with RULES
without adversely impacting their Class
Free status.
We solicited comments concerning
our proposal for 60 days, ending
February 12, 2007. We received eight
comments by that date, from six
members of a brucellosis research team
at a State university, a State department
of agriculture and forestry, and a
national scientific society.
All of the commenters supported the
proposed rule. However, one of the
commenters, noting our reference in the
proposed rule to a series of guidelines
established by the Animal and Plant
Health Inspection Service (APHIS) and
the Agricultural Research Service (ARS),
recommended that those guidelines be
integrated into the existing Federal
approval guidelines for agricultural
research facilities rather than creating a
new Federal process.
This rule pertains solely to the 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. It is not our intent
to modify or replace the series of
guidelines established by APHIS and
ARS for approval of research facilities at
this time.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under
Executive Order 12866. The rule has
been determined to be not significant for
the purposes of Executive Order 12866
and, therefore, has not been reviewed by
the Office of Management and Budget.
Brucellosis is a contagious, costly
disease of ruminants that also affects
humans. Although brucellosis can infect
other animals, it is primarily a threat to
cattle, bison, and swine. In animals, the
disease causes weight loss, decreased
milk production, loss of young,
infertility, and lameness. There is no
cure for brucellosis in animals, nor is
there a preventative vaccine that is 100
percent effective.
Given the potential for costly
consequences related to an outbreak of
brucellosis, additional research is
needed in order to eradicate this
disease. In 1952, when brucellosis was
widespread throughout the United
States, annual losses from lowered milk
production, aborted calves and pigs, and
reduced breeding efficiency were
estimated at $400 million. Subsequent
studies show that if eradication efforts
were stopped, the costs of producing
beef and milk would increase by an
VerDate Aug<31>2005
19:04 Feb 25, 2008
Jkt 214001
estimated $80 million annually in less
than 10 years.
We expect that the groups affected by
this action will be herd owners and
entities that operate brucellosis research
facilities in Class Free States. To the
extent that this rule allows for more
research with the goal of eradicating
brucellosis in the United States, it will
benefit all herd owners over time.
Brucellosis research facilities in Class
Free States will be operated by the State
in which they are located or exist as part
of colleges and universities that have
government contracts to conduct
brucellosis research.
The latest agricultural census data
show that there were 732,660 farms in
the United States primarily engaged in
beef cattle ranching and farming and
dairy cattle and milk production that
reported sales in 2002. Of those farms,
more than 99 percent were classified as
small entities according to Small
Business Association (SBA) standards.
There were 82,028 farms in the United
States primarily engaged in raising hogs
and pigs that reported sales in 2002. Of
those farms, over 90 percent were
classified as small entities by the SBA.
Most, if not all, of the farms primarily
engaged in bison production are
classified as small entities under SBA
standards. Accordingly, the majority of
herd owners affected by this rule are
considered small entities. For herd
owners, any economic effects stemming
from this rule will result from advances
made toward the eradication of
brucellosis in the United States. As
such, these economic effects will be
positive, but long-term and generalized.
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.)
Paperwork Reduction Act
This final 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.
I 2. In § 78.1, the definition of herd is
revised to read as follows:
§ 78.1
Definitions.
*
*
*
*
*
Herd. (a) All animals under common
ownership or supervision that are
grouped on one or more parts of any
single premises (lot, farm, or ranch); or
(b) All animals under common
ownership or supervision on two or
more premises which are geographically
separated but on which animals from
the different premises have been
interchanged or had contact with each
other.
(c) For the purposes of this part, the
term herd does not include animals that
are contained within a federally
approved research facility.
*
*
*
*
*
Done in Washington, DC, this 20th day of
February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–3591 Filed 2–25–08; 8:45 am]
BILLING CODE 3410–34–P
Executive Order 12988
This final 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.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
E:\FR\FM\26FER1.SGM
26FER1
Agencies
[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Rules and Regulations]
[Pages 10137-10138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3591]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 78
[Docket No. APHIS-2006-0183]
RIN 0579-AC21
Brucellosis in Cattle; Research Facilities
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending brucellosis regulations by providing an
exception in the definition of herd for animals held within a federally
approved brucellosis research facility, in order to facilitate research
on brucellosis-exposed or infected animals in those facilities. Prior
to this rule, such animals constituted a herd, and the presence of
brucellosis-positive herds within a State can adversely affect that
State's brucellosis classification. By providing an exception for
brucellosis-exposed or infected animals held within federally approved
research facilities, this rule will enable initiation of necessary
brucellosis research in Class Free States.
DATES: Effective Date: March 27, 2008.
FOR FURTHER INFORMATION CONTACT: Dr. Debra Donch, National Brucellosis
Epidemiologist, National Center for Animal Health Programs, VS, APHIS,
4700 River Road, Unit 136, Riverdale, MD 20737-1231; (301) 734-5952.
SUPPLEMENTARY INFORMATION:
Background
Brucellosis is a contagious disease affecting animals and humans
and caused by bacteria of the genus Brucella. The brucellosis
regulations 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.
In Sec. 78.1, the regulations require that, to achieve and retain
Class Free status, a State or area must have no cattle herds under
quarantine. In the same section, herd is defined, in part, as ``all
animals under common ownership or supervision that are grouped on one
or more parts of any single premises (lot, farm, or ranch).'' Such a
definition effectively precludes brucellosis research in Class Free
States or areas, since infected animals may be used for such research,
and the animals held in a research facility would be considered a herd
under that definition of the term. Since expertise and infrastructure
that could potentially benefit this country's brucellosis eradication
efforts can be found in many Class Free States, this definition may
impede the progress of brucellosis research and delay the eradication
of the disease within the United States.
On December 13, 2006, we published in the Federal Register (71 FR
74826-74827) a proposal \1\ to amend the definition of herd to create
an exception for brucellosis-exposed or infected animals held within
federally approved research facilities, so that such animals would no
longer be considered a herd. We proposed this change to allow States to
undertake brucellosis research
[[Page 10138]]
without adversely impacting their Class Free status.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/fdmspublic/component/
main?main=DocumentDetail&d=APHIS-2006-0183.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days, ending
February 12, 2007. We received eight comments by that date, from six
members of a brucellosis research team at a State university, a State
department of agriculture and forestry, and a national scientific
society.
All of the commenters supported the proposed rule. However, one of
the commenters, noting our reference in the proposed rule to a series
of guidelines established by the Animal and Plant Health Inspection
Service (APHIS) and the Agricultural Research Service (ARS),
recommended that those guidelines be integrated into the existing
Federal approval guidelines for agricultural research facilities rather
than creating a new Federal process.
This rule pertains solely to the 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. It is not our intent to modify or replace the series of
guidelines established by APHIS and ARS for approval of research
facilities at this time.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
Brucellosis is a contagious, costly disease of ruminants that also
affects humans. Although brucellosis can infect other animals, it is
primarily a threat to cattle, bison, and swine. In animals, the disease
causes weight loss, decreased milk production, loss of young,
infertility, and lameness. There is no cure for brucellosis in animals,
nor is there a preventative vaccine that is 100 percent effective.
Given the potential for costly consequences related to an outbreak
of brucellosis, additional research is needed in order to eradicate
this disease. In 1952, when brucellosis was widespread throughout the
United States, annual losses from lowered milk production, aborted
calves and pigs, and reduced breeding efficiency were estimated at $400
million. Subsequent studies show that if eradication efforts were
stopped, the costs of producing beef and milk would increase by an
estimated $80 million annually in less than 10 years.
We expect that the groups affected by this action will be herd
owners and entities that operate brucellosis research facilities in
Class Free States. To the extent that this rule allows for more
research with the goal of eradicating brucellosis in the United States,
it will benefit all herd owners over time. Brucellosis research
facilities in Class Free States will be operated by the State in which
they are located or exist as part of colleges and universities that
have government contracts to conduct brucellosis research.
The latest agricultural census data show that there were 732,660
farms in the United States primarily engaged in beef cattle ranching
and farming and dairy cattle and milk production that reported sales in
2002. Of those farms, more than 99 percent were classified as small
entities according to Small Business Association (SBA) standards. There
were 82,028 farms in the United States primarily engaged in raising
hogs and pigs that reported sales in 2002. Of those farms, over 90
percent were classified as small entities by the SBA. Most, if not all,
of the farms primarily engaged in bison production are classified as
small entities under SBA standards. Accordingly, the majority of herd
owners affected by this rule are considered small entities. For herd
owners, any economic effects stemming from this rule will result from
advances made toward the eradication of brucellosis in the United
States. As such, these economic effects will be positive, but long-term
and generalized.
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 final 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 final 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.
0
2. In Sec. 78.1, the definition of herd is revised to read as follows:
Sec. 78.1 Definitions.
* * * * *
Herd. (a) All animals under common ownership or supervision that
are grouped on one or more parts of any single premises (lot, farm, or
ranch); or
(b) All animals under common ownership or supervision on two or
more premises which are geographically separated but on which animals
from the different premises have been interchanged or had contact with
each other.
(c) For the purposes of this part, the term herd does not include
animals that are contained within a federally approved research
facility.
* * * * *
Done in Washington, DC, this 20th day of February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-3591 Filed 2-25-08; 8:45 am]
BILLING CODE 3410-34-P