[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Pages 52325-52326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18428]



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 Rules and Regulations
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  Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules 
and Regulations  

[[Page 52325]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2016-0052]


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

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 regarding 
State and zone classifications by reclassifying the State of California 
as accredited-free. We have determined that the State meets the 
criteria for accredited-free status. This action relieves certain 
restrictions on the interstate movement of cattle and bison from the 
State of California.

DATES: This interim rule is effective August 8, 2016. We will consider 
all comments that we receive on or before October 7, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0052.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0052, 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-2016-
0052 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, Cattle Health 
Center Staff Veterinarian, Surveillance, Preparedness and Response 
Services, Veterinary Services, APHIS, 2150 Centre Avenue, 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 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 Status

    In an interim rule effective and published in the Federal Register 
on September 18, 2008 (73 FR 54063-54065, Docket No. APHIS-2008-0067), 
we amended the tuberculosis regulations for cattle and bison by 
removing the State of California from the list of accredited-free 
States for bovine tuberculosis and reclassified the State as modified 
accredited advanced. Because two affected cattle herds had been 
detected in California since November 2007, the State no longer met our 
requirements for accredited-free status. That action was necessary to 
reduce the likelihood of the spread of bovine tuberculosis within the 
United States. As a result of that action, cattle or bison moved 
interstate from anywhere in California have had to meet the testing 
requirements that apply to animals from modified accredited advanced 
States or zones.
    The State of California has requested that the State be 
reclassified from modified accredited advanced to accredited-free. 
Based on the findings of a review of the tuberculosis eradication 
program in California conducted during the week of April 18 to 22, 
2016, APHIS has determined that the State meets the criteria for 
advancement of status contained in the regulations.
    State animal health officials in California have demonstrated that 
the State enforces and complies with the provisions of the UMR. The 
State of California has demonstrated that it 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 State 
since the last affected herd completed a test-and-remove herd plan and 
was released from quarantine in July 2014. Therefore,

[[Page 52326]]

California has demonstrated that the State 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 California's request, we are classifying 
the entire State of California as accredited-free.
Immediate Action
    Immediate action is warranted to relieve restrictions on the 
interstate movement of cattle and bison from the State of California. 
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.
    Tuberculosis testing, including veterinary fees, costs 
approximately $10 to $15 per head. Approximately 100,000 tuberculosis 
tests were conducted in California in 2015, to meet the import 
requirements imposed by other States. Based on this information, the 
annual cost savings associated with advancing the tuberculosis status 
of California from modified accredited advanced to accredited-free will 
range from $1 million to $1.5 million. We note that Federal interstate 
movement testing requirements for modified accredited advanced States 
were suspended by a Federal Order issued in April 2010. The $1 million 
to $1.5 million in savings that will be realized represents less than 
0.02 percent of the approximately $10 billion earned from California's 
cattle and milk sales.
    Entities that may be affected by the interim rule fall into various 
categories of the North American Industry Classification System. The 
majority of the affected businesses are small entities.
    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 2 CFR chapter IV.)
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 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.


 77.7  [Amended]

0
2. In Sec.  77.7, paragraph (a) is amended by adding the word 
``California,'' after the word ``Arkansas,''.


 77.9  [Amended]

0
3. In Sec.  77.9, paragraph (a) is amended by removing the word 
``California'' and adding the word ``None'' in its place.

    Done in Washington, DC, this 29th day of July 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-18428 Filed 8-5-16; 8:45 am]
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