[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Rules and Regulations]
[Pages 67051-67053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30128]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2009-0046]


Tuberculosis in Cattle and Bison; State and Zone Designations; 
Michigan

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the bovine tuberculosis regulations to adjust 
the boundaries of the modified accredited and modified accredited 
advanced tuberculosis risk classification zones for the State of 
Michigan. We have determined that Antrim, Charlevoix, Cheboygan, 
Crawford, Emmet, and Otsego Counties, MI, which are currently 
designated as modified accredited, now meet our requirements for 
modified accredited advanced status. Therefore, we are removing these 
six counties from the list of modified accredited zones and adding them 
to the list of modified accredited advanced zones. This action lessens 
restrictions on the interstate movement of cattle and bison from these 
areas of Michigan.

DATES: This interim rule is effective December 18, 2009. We will 
consider all comments that we receive on or before February 16, 2010.
    Compliance Date: The date for complying with the identification 
requirements for sexually intact heifers moving from the modified 
accredited

[[Page 67052]]

advanced zone in Michigan to approved feedlots and for steers and 
spayed heifers moving from the modified accredited advanced zone in 
Michigan to any destination (9 CFR 77.10(b)), and for complying with 
the identification and certification requirements for sexually intact 
heifers moving from the modified accredited advanced zone in Michigan 
to unapproved feedlots (9 CFR 77.10(d)), is delayed until further 
notice. The compliance date for all other provisions in 9 CFR part 77 
applicable to the interstate movement of cattle and bison from the 
State of Michigan is December 18, 2009.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0046) to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2009-0046, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2009-0046.
    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: Additional information about APHIS and its 
programs is available on the Internet at (http://www.aphis.usda.gov).

FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Senior Staff 
Veterinarian, Eradication and Surveillance Team, National Center for 
Animal Health Programs, VS, APHIS, 2150 Centre Avenue, Building B-3E20, 
Fort Collins, CO 80526-8117; (970) 494-7378.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is a contagious and infectious granulomatous 
disease caused by the bacterium Mycobacterium bovis. Although commonly 
defined as a chronic debilitating disease, bovine tuberculosis can 
occasionally assume an acute, rapidly progressive course. While any 
body tissue can be affected, lesions are most frequently observed in 
the lymph nodes, lungs, intestines, liver, spleen, pleura, and 
peritoneum. Although cattle are considered to be the true hosts of M. 
bovis, the disease has been reported in several other species of both 
domestic and nondomestic animals, as well as in humans.
    At the beginning of the past century, tuberculosis caused more 
losses of livestock than all other livestock diseases combined. This 
prompted the establishment in the United States of the National 
Cooperative State/Federal Bovine Tuberculosis Eradication Program for 
tuberculosis in livestock.
    In carrying out the national eradication program, the Animal and 
Plant Health Inspection Service (APHIS) issues and enforces 
regulations. The regulations require the testing of cattle and bison 
for tuberculosis, define the Federal tuberculosis status levels for 
States or zones (accredited-free, modified accredited advanced, 
modified accredited, accreditation preparatory, and nonaccredited), 
provide the criteria for attaining and maintaining those status levels, 
and contain testing and movement requirements for cattle and bison 
leaving States or zones of a particular status level. These regulations 
are contained in 9 CFR part 77 (referred to below as the regulations) 
and in the Bovine Tuberculosis Eradication Uniform Methods and Rules, 
1999 (UMR), which is incorporated by reference into the regulations. 
The regulations restrict the interstate movement of cattle, bison, and 
captive cervids to prevent the spread of tuberculosis. Subpart B of the 
regulations contains requirements for the interstate movement of cattle 
and bison not known to be infected with or exposed to tuberculosis. The 
interstate movement requirements depend upon whether the animals are 
moved from an accredited-free State or zone, modified accredited 
advanced State or zone, modified accredited State or zone, 
accreditation preparatory State or zone, or nonaccredited State or 
zone.

Request for Boundary Adjustment of Modified Accredited Advanced Zone in 
Michigan

    The status of a State or zone is based on its freedom from evidence 
of tuberculosis in cattle and bison, the effectiveness of the State's 
tuberculosis eradication program, and the degree of the State's 
compliance with the standards for cattle and bison contained in the 
UMR. In addition, the regulations allow that a State may request split-
State status via partitioning into specific geographic regions or zones 
with differential status designations if bovine tuberculosis is 
detected in a portion of a State and the State demonstrates that it 
meets certain criteria with regard to zone classification.
    The State of Michigan is currently divided into three zones with 
different classifications. The first zone, which is classified as 
accredited-free, is comprised of an area in Michigan known as the Upper 
Peninsula that comprises Alger, Baraga, Chippewa, Delta, Dickinson, 
Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, 
Menominee, Ontonagon, and Schoolcraft Counties. The second zone, which 
is classified as modified accredited, comprises Alcona, Alpena, Antrim, 
Charlevoix, Cheboygan, Crawford, Emmet, Montmorency, Oscoda, Otsego, 
and Presque Isle Counties and those portions of Iosco and Ogemaw 
Counties that are north of the southernmost boundary of the Huron 
National Forest and the Au Sable State Forest. The third zone covers 
the remainder of the State and is classified as modified accredited 
advanced.
    We have received a request from the State of Michigan for an 
addition to the modified accredited advanced zone. Specifically, State 
animal health officials asked that the status of Antrim, Charlevoix, 
Cheboygan, Crawford, Emmet, and Otsego Counties be raised from modified 
accredited to modified accredited advanced. In their request, Michigan 
officials demonstrated to APHIS that the counties listed above meet the 
criteria for modified accredited advanced status set forth in the 
definition of modified accredited advanced State or zone in Sec.  77.5 
of the regulations, which provides that the Administrator may allow a 
State or zone with fewer than 30,000 herds to have up to 3 affected 
herds for each of the most recent 2 years. The six counties listed in 
Michigan's status upgrade request contain a total of 570 herds of 
cattle and bison. In accordance with the regulations, Michigan has 
demonstrated that each of these counties, which have been classified as 
modified accredited, has had fewer than 3 affected herds for each of 
the most recent 2 years. Additionally, the State complies with the 
conditions of the UMR.
    Based on our evaluation of Michigan's request in light of the 
criteria set forth in the regulations, we have determined that Antrim, 
Charlevoix, Cheboygan, Crawford, Emmet, and Otsego Counties meet the 
requirements listed in the regulations for modified accredited advanced 
status. Therefore, we are classifying those counties as modified 
accredited advanced and removing them

[[Page 67053]]

from Michigan's modified accredited zone.

Immediate Action

    Immediate action is warranted to relieve restrictions on the 
interstate movement of cattle and bison from the newly classified 
modified accredited advanced zone in Michigan. 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.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities.The 
analysis is summarized below.The full analysis may be viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov) or obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Michigan currently has three bovine tuberculosis status zones: 
Accredited-free, modified accredited advanced, and modified accredited. 
This rule will reclassify six counties from modified accredited to 
modified accredited advanced. The elevation of an area to modified 
accredited advanced status from modified accredited status removes 
certain interstate movement and whole herd bovine tuberculosis testing 
requirements. Cattle owners will benefit from time savings and reduced 
costs associated with bovine tuberculosis testing. The annual cost 
savings to all producers could be between $266,000 and $400,000. 
However, the six counties covered in this rule account for less than 4 
percent of cattle operations and less than 2 percent of the total 
number of cattle in the State of Michigan. In addition, bovine 
tuberculosis testing costs are about 1 percent or less of the value of 
the cattle tested. Thus, the expected savings will be relatively small.
    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) Has no retroactive effect and (2) does 
not require administrative proceedings before parties may file suit in 
court challenging this rule.

Paperwork Reduction Act

    This rule contains no new 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 77

     Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

0
Accordingly, we are amending 9 CFR part 77 as follows:

PART 77--TUBERCULOSIS

0
1. The authority citation for part 77 continues to read as follows:

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

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2. In Sec.  77.11, paragraph (b)(1) is revised to read as follows:


Sec.  77.11  Modified accredited States or zones.

* * * * *
    (b) * * *
    (1) A zone in Michigan that comprises Alcona, Alpena, Montmorency, 
Oscoda, and Presque Isle Counties and those portions of Iosco and 
Ogemaw Counties that are north of the southernmost boundary of the 
Huron National Forest and the Au Sable State Forest.
* * * * *
    Done in Washington, DC, this 11\th\ day of December 2009.

Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-30128 Filed 12-17-09: 7:31 am]
BILLING CODE: 3410-34-S