[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61251-61253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25687]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2011-0093]


Tuberculosis in Cattle and Bison; State and Zone Designations; 
New Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the bovine tuberculosis regulations regarding 
State and zone classifications by reclassifying a zone in New Mexico 
consisting of Curry and Roosevelt Counties. We have determined that the 
zone meets the criteria for accredited-free status. Since the remainder 
of the State is already classified as accredited free, the entire State 
of New Mexico is now classified as accredited free. This action 
relieves certain restrictions on the interstate movement of cattle and 
bison from Curry and Roosevelt Counties in New Mexico.

DATES: This interim rule is effective October 4, 2011. We will consider 
all comments that we receive on or before December 5, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0093-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0093, 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-
0093 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. Kathleen Orloski, Senior Staff 
Veterinarian, Ruminant Health Programs, Veterinary Services, APHIS, 
2150 Centre Avenue, Building B3E20, Fort Collins, CO 80526; (970) 494-
7221.

SUPPLEMENTARY INFORMATION: 

[[Page 61252]]

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 and in the Bovine Tuberculosis 
Eradication Uniform Methods and Rules, 1999 (UMR), which is 
incorporated by reference into the regulations.
    The status of a State or zone is based on its prevalence of 
tuberculosis in cattle and bison, the effectiveness of the State's 
tuberculosis eradication program, and the degree of the State's 
compliance with standards for cattle and bison contained in the UMR. 
The regulations provide that a State may request partitioning into 
specific geographic regions or zones with different status designations 
(commonly referred to as split-State status) 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.

Request for Advancement of Modified Accredited Advanced Zone

    In an interim rule effective and published in the Federal Register 
on March 23, 2009 (74 FR 12055-12058, Docket No. APHIS-2008-0124), we 
amended the tuberculosis regulations for cattle and bison by dividing 
New Mexico into two zones for tuberculosis. At the time, the entire 
State was classified as modified accredited advanced. The interim rule 
established all of New Mexico except Curry and Roosevelt Counties as an 
accredited-free zone. The area comprising Curry and Roosevelt Counties, 
along New Mexico's eastern border with Texas, was recognized as a 
separate zone that continued to have modified accredited advanced 
status.
    We have received from the State of New Mexico a request to 
reclassify the modified accredited advanced zone. Based on the findings 
of a review of the tuberculosis eradication program in New Mexico 
conducted during May through July of 2011, APHIS has determined that 
the zone meets the criteria for advancement of status contained in the 
regulations.
    State animal health officials in New Mexico have demonstrated that 
the State enforces and complies with the provisions of the UMR. The 
State of New Mexico has demonstrated that the modified accredited 
advanced zone has zero percent prevalence of cattle and bison herds 
affected with tuberculosis and has had no findings of tuberculosis in 
any cattle or bison in the zone since the last affected herd completed 
a test-and-remove herd plan and was released from quarantine in July 
2009. Therefore, New Mexico has demonstrated that the zone within the 
State previously classified as modified accredited advanced meets the 
criteria for accredited-free status as set forth in the definition of 
accredited-free State or zone in Sec.  77.5 of the regulations.
    Based on our evaluation of New Mexico's request, we are classifying 
the zone composed of Curry and Roosevelt Counties as accredited free, 
which results in the entire State of New Mexico having an accredited-
free classification.

Immediate Action

    Immediate action is warranted to relieve restrictions on the 
interstate movement of cattle and bison from Curry and Roosevelt 
Counties in New Mexico. 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.
    Advancing the status of the former modified accredited advanced 
zone in New Mexico will reduce the interstate movement restrictions for 
cattle and bison originating from Curry and Roosevelt Counties. Herd 
owners in the area will no longer have to test their cattle and bison 
for bovine tuberculosis in order to move them interstate. Tuberculosis 
testing, including veterinary fees, costs about $10 to $15 per head. 
The annual cost savings associated with the removal of those tests for 
the 1,621 herds in the affected area are expected to be between 
$662,000 and $993,000, or from $408 to $613 per herd on average. In 
addition, tuberculosis testing costs represent no more than about 1.7 
percent of the average value of the cattle tested ($870 per head on 
January 1, 2010).
    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 has no retroactive effect and does not 
require administrative proceedings before

[[Page 61253]]

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.

    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.


Sec.  77.7  [Amended]

0
2. Section 77.7 is amended as follows:
0
a. In paragraph (a), by adding the words ``New Mexico,'' after the 
words ``New Jersey,''.
0
b. By removing and reserving paragraph (b)(2).


Sec.  77.9  [Amended]

0
3. In Sec.  77.9, paragraph (b)(3) is removed.

    Done in Washington, DC, this 30th day of September 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-25687 Filed 10-3-11; 8:45 am]
BILLING CODE 3410-34-P