[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Rules and Regulations]
[Pages 56635-56637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23432]



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  Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / 
Rules and Regulations  

[[Page 56635]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2011-0075]


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.

-----------------------------------------------------------------------

SUMMARY: We are amending the bovine tuberculosis regulations to adjust 
the boundaries of the modified accredited, modified accredited 
advanced, and accredited-free tuberculosis risk classification zones 
for the State of Michigan. We have determined that 55 counties that are 
currently designated modified accredited advanced status now meet our 
requirements for accredited-free status. In addition, Iosco and Ogemaw 
Counties, of which some portions are designated modified accredited and 
other portions designated modified accredited advanced, now meet the 
requirements for accredited-free status. We also have determined that 
Presque Isle County, which is currently designated modified accredited, 
now meets our requirements for modified accredited advanced status. 
These actions lessen restrictions on the interstate movement of cattle 
and bison from these areas of Michigan.

DATES: This interim rule is effective September 14, 2011. We will 
consider all comments that we receive on or before November 14, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0075-0001.
     Postal Mail/Commercial Delivery: Send your comments to 
Docket No. APHIS-2011-0075, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0075 or in our reading room, which 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.

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, Modified 
Accredited Advanced, and Accredited-Free Zones 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, comprises 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.

[[Page 56636]]

The second zone, which is classified as modified accredited, 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. The third zone comprises the remainder of the State and 
is classified as modified accredited advanced.
    We have received a request from the State of Michigan for changes 
to the boundaries of these zones. Specifically, State animal health 
officials asked that the status of 55 counties and the portions of 
Iosco and Ogemaw counties south of the southernmost boundary of the 
Huron National Forest and the Au Sable State Forest be raised from 
modified accredited advanced status to accredited-free status and the 
status of the remaining areas in Iosco and Ogemaw Counties be raised 
from modified accredited to accredited-free. The State of Michigan also 
requested that the status of Presque Isle County be raised from 
modified accredited to modified accredited advanced. In their request, 
Michigan officials demonstrated to APHIS that the counties described 
above meet the criteria for the new statuses set forth in the 
definitions of modified accredited advanced State or zone and 
accredited-free State or zone in Sec.  77.5 of the regulations. 
Additionally, the State complies with the conditions of the UMR.

Immediate Action

    Immediate action is warranted to relieve restrictions on the 
interstate movement of cattle and bison from the newly classified 
modified accredited advanced and accredited free zones 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

    This interim rule is subject to Executive Order 12866. However, 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 a split State status for bovine tuberculosis 
with an accredited-free zone, a modified accredited advanced zone, and 
a modified accredited zone. This interim rule will reclassify the 
status of 55 counties from modified accredited advanced status to 
accredited-free status. In addition, Presque Isle County will be 
reclassified from modified accredited to modified accredited advanced. 
Iosco and Ogemaw Counties, of which some portions are designated 
modified accredited and other portions designated modified accredited 
advanced, will be reclassified as accredited-free.
    Modified accredited status imposes various requirements for 
tuberculosis testing of cattle. Reclassification to accredited-free 
removes all movement restrictions, and reclassification from modified 
accredited to modified accredited advanced reduces requirements.
    Advancement of status for the above-mentioned counties will allow 
producers to move their cattle with fewer pre-movement testing 
requirements, saving time and money. Because few producers will be 
affected, these savings are expected to be relatively small. This 
action will not significantly change program operations and will have 
no significant effects on other Federal agencies, State governments, or 
local governments. Michigan animal health authorities have a plan and 
the capability to maintain separate tuberculosis zones within their 
State with separate requirements and border controls.
    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) 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 interim 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.

    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.

0
2. In Sec.  77.7, paragraph (b)(1) is revised to read as follows:


Sec.  77.7  Accredited-free States or zones.

* * * * *
    (b) * * *
    (1) All of the State of Michigan except for the zones that comprise 
those counties in Michigan described in Sec.  77.9(b)(1) and Sec.  
77.11(b)(1).
* * * * *

0
3. In Sec.  77.9, paragraph (b)(1) is revised to read as follows:


Sec.  77.9  Modified accredited advanced States or zones.

* * * * *
    (b) * * *
    (1) A zone in Michigan that comprises Antrim, Charlevoix, 
Cheboygan, Crawford, Emmet, Otsego, and Presque Isle Counties.
* * * * *
0
4. 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, 
and Oscoda Counties.
* * * * *


[[Page 56637]]


    Done in Washington, DC, this 7th day of September 2011.
 Kevin Shea,
 Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-23432 Filed 9-13-11; 8:45 am]
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