[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
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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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
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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]
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2. In Sec. 77.7, paragraph (a) is amended by adding the word
``California,'' after the word ``Arkansas,''.
77.9 [Amended]
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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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