Federal Register: November 5, 2009 (Volume 74, Number 213)
DOCID: fr05no09-2 FR Doc E9-26678
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
CFR Citation: 9 CFR Part 78
Docket ID: [Docket No. APHIS-2009-0040]
NOTICE: RULES
DOCID: fr05no09-2
ACTION: Addition to Quarantined Areas in Massachusetts and New York:
DOCUMENT ACTION: Affirmation of interim rule as final rule.
SUBJECT CATEGORY:
Brucellosis in Cattle; State and Area Classifications; Montana
DATES: Effective on November 5, 2009, we are adopting as a final rule the interim rule published at 74 FR 3313933140 on July 10, 2009.
DOCUMENT 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.
SUMMARY:
State and Area Classifications:
SUPPLEMENTAL 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 rule\1\ effective and published in the Federal Register on July 10, 2009 (74 FR 3313933140, Docket No. APHIS2009 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. \1\To view the interim rule and the comment we received, go to (http://www.regulations.gov/fdmspublic/component/ main?main=DocketDetail&d=APHIS20090040).
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 78BRUCELLOSIS
Accordingly, we are adopting as a final rule, without change, the interim rule that amended 9 CFR part 78 and
[[Page 57246]]
that was published at 74 FR 3313933140 on July 10, 2009.
Done in Washington, DC, this 30th day of October 2009. Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E926678 Filed 11409: 1:22 pm]
BILLING CODE 341034S
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 207371231; (301) 7345952.