[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Rules and Regulations]
[Pages 53606-53608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21583]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2014-0058]


Bovine Tuberculosis Status of Michigan; Advance Counties From 
Modified Accredited Advanced to Accredited-Free

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 advance 
the status of Antrim, Charlevoix, Cheboygan, Crawford, Emmet, Otsego, 
and Presque Isle Counties in Michigan from modified accredited advanced 
to accredited-free. We have determined that these counties meet the 
criteria for accredited-free status. This action relieves certain 
restrictions on the interstate movement of cattle and bison from these 
areas of Michigan.

DATES: This interim rule is effective on September 10, 2014. We will 
consider all comments that we receive on or before November 10, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0058.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0058, 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-2014-
0058 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Senior Staff 
Veterinarian, Surveillance, Preparedness and Response Services, Cattle 
Health Center, VS, APHIS, 2150 Centre Avenue, Building B, MSC 3-E-20, 
Fort Collins, CO 80526-8117; (970) 494-7378.

SUPPLEMENTARY INFORMATION: 

[[Page 53607]]

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 
livestock, most notably bison and captive cervids. There have also been 
instances of infection in other domestic and nondomestic animals, as 
well as in humans. Through the National Cooperative State/Federal 
Bovine Tuberculosis Eradication Program, the Animal and Plant Health 
Inspection Service (APHIS) of the United States Department of 
Agriculture (USDA) works cooperatively with the Nation's livestock 
industry and State animal health agencies to eradicate bovine 
tuberculosis from domestic livestock in the United States and prevent 
its recurrence.
    Federal regulations implementing this program are contained in 9 
CFR part 77, ``Tuberculosis'' (referred to below as the regulations) 
and in the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' (UMR) which is incorporated by reference within 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.
    We have received from the State of Michigan a request to reclassify 
the modified accredited advanced zone in the State's Lower Peninsula as 
accredited free. Based on the findings of a review of the tuberculosis 
eradication program in Michigan, APHIS has determined that the zone 
meets the criteria for advancement of status contained in the 
regulations.
    State animal health officials in Michigan have demonstrated that 
the State enforces and complies with the provisions of the UMR. The 
State of Michigan 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 in the 
zone was depopulated in April 2011. Therefore, Michigan has 
demonstrated that the zone within the State's Lower Peninsula 
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 Michigan's request, we are classifying 
the zone consisting of Antrim, Charlevoix, Cheboygan, Crawford, Emmet, 
Otsego, and Presque Isle Counties as accredited free.

Immediate Action

    Immediate action is warranted to relieve restrictions on the 
interstate movement of cattle and bison from Antrim, Charlevoix, 
Cheboygan, Crawford, Emmet, Otsego, and Presque Isle Counties in 
Michigan. Under these circumstances, the Administrator has determined 
that prior notice and opportunity for public comment are contrary to 
the public interest and 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 has submitted a request for split-State bovine 
tuberculosis status that will advance seven counties on the Lower 
Peninsula of Michigan (Antrim, Charlevoix, Cheboygan, Crawford, Emmet, 
Otsego, and Presque Isle) from modified accredited advanced to 
accredited-free status. This status advancement will eliminate pre-
movement testing requirements for producers in the seven counties, 
saving them time and money. Based on national statistics and Small 
Business Administration size standards, most if not all of the cattle 
and dairy operations affected are likely to be small entities.
    The number of herds in the 7 counties that require surveillance 
testing will be reduced from about 390 to fewer than 120. Tuberculosis 
testing, including veterinary fees, costs about $10 to $15 per head. 
Based on an estimated 33 head per herd, total annual cost savings are 
expected to range between $90,000 and $135,000 yearly in the 7 
counties.
    The average value of cattle and calves in Michigan is about $1,100 
per head. Thus, the savings by forgoing tuberculosis testing represent 
about 1.3 percent of the average value of the animals. This action will 
not significantly change program operations and will have no 
significant effects on other Federal agencies, State government, or 
local governments.
    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 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.


[[Page 53608]]


    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. In Sec.  77.7, paragraph (b)(1) is amended by removing the words 
``zones that comprise'' and adding the words ``zone that comprises'' in 
their place and by removing the words ``Sec.  77.9(b)(1) and''.

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


Sec.  77.9  Modified accredited advanced States or zones.

* * * * *
    (b) The following are modified accredited advanced zones: None.
* * * * *

    Done in Washington, DC, this 4th day of September 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-21583 Filed 9-9-14; 8:45 am]
BILLING CODE 3410-34-P