Brucellosis in Cattle; State and Area Classifications; Montana

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 the interstate movement of cattle by changing the classification of Montana from Class A to Class Free. We determined that Montana met the standards for Class Free status. The interim rule relieved certain restrictions on the interstate movement of cattle from Montana.

DATES:

Effective on November 5, 2009, we are adopting as a final rule the interim rule published at 74 FR 33139-33140 on July 10, 2009.

FOR FURTHER INFORMATION CONTACT:

Dr. Debbi A. Donch, National Brucellosis Epidemiologist and Program Manager, Ruminant Health Programs Staff, National Center for Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231; (301) 734-5952.

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), 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 rule¹ effective and published in the Federal Register on July 10, 2009 (74 FR 33139-33140, Docket No. APHIS-2009-0040), we amended the regulations by changing the classification of the State of Montana from Class A to Class Free. That action relieved certain restrictions on the interstate movement of cattle from Montana.

Comments on the interim rule were required to be received on or before September 8, 2009. We received one comment by that date, from a private citizen. This commenter did not, however, address the action taken in the interim rule (i.e., the change in Montana’s brucellosis classification). Therefore, for the reasons given in the interim rule, 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

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 74 FR 33139-33140 on July 10, 2009.

Done in Washington, DC, this 30th day of October 2009.