[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73238-73239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28057]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2020-0071]


Classify Canada as Level I for Bovine Tuberculosis and 
Brucellosis

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to classify Canada 
as Level I for both bovine tuberculosis and brucellosis. This 
recognition is based on evaluations we prepared in connection with this 
action, which we made available to the public for review and comment 
through a previous notice.

DATES: Imports under this classification may be authorized beginning 
December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Dr. Kelly Rhodes, Senior Staff 
Veterinarian, Regionalization Evaluation Services, Strategy and Policy, 
VS, APHIS, USDA, 4700 River Road Unit 38, Riverdale, MD 20737-1231; 
[email protected]; (301) 851-3315.

SUPPLEMENTARY INFORMATION: The regulations in 9 CFR part 93, subpart D 
(Sec. Sec.  93.400 through 93.442, referred to below as part 93 or the 
subpart), contain requirements for the importation of ruminants into 
the United States to address the risk of introducing or disseminating 
diseases of livestock within the United States. Part 93 currently 
contains provisions that address the risk that imported bovines (cattle 
or bison) may introduce or disseminate bovine tuberculosis or 
brucellosis within the United States. Within part 93, Sec.  93.437 
contains the requirements for classification of foreign regions for 
bovine tuberculosis and Sec.  93.438 contains the process for 
requesting regional classification for bovine tuberculosis. In 
accordance with Sec.  93.437(f), the Animal and Plant Health Inspection 
Service (APHIS) maintains lists of all Level I, Level II, Level III, 
Level IV, and Level V regions for bovine tuberculosis and adds foreign 
regions classified in accordance with Sec.  93.438 to these lists.
    Section 93.440 contains the requirements for classification of 
foreign regions for brucellosis and Sec.  93.441 contains the process 
for requesting regional classification for brucellosis. In accordance 
with Sec.  93.440(d), APHIS maintains lists of all Level I, Level II, 
and Level III regions for brucellosis and adds regions classified in 
accordance with Sec.  93.441 to these lists.
    Paragraph (a) of Sec.  93.438 provides that a representative of a 
national government with authority to make such a request may request 
that APHIS classify a region for bovine tuberculosis; paragraph (a) of 
Sec.  93.441 has a similar provision with respect to requests for 
brucellosis classification. Within those same sections, paragraph (b) 
provides that if, after reviewing and evaluating the request for bovine 
tuberculosis or brucellosis classification, respectively, APHIS 
believes the region can be accurately classified, APHIS will publish a 
notice in the Federal Register with the proposed classification and 
make its evaluation available for public comment. Following the close 
of the comment period, APHIS will review all comments received and will 
make a final determination regarding the request that will be detailed 
in another document published in the Federal Register.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on February 24, 2021 (86 FR

[[Page 73239]]

11218-11219, Docket No. APHIS-2020-0071), in which we announced the 
availability, for review and comment, of evaluations of Canada for 
bovine tuberculosis and brucellosis classification, as well as an 
environmental assessment (EA). The notice proposed to classify Canada 
as Level I for both bovine tuberculosis and brucellosis.
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    \1\ To view the notice, evaluations, environmental assessment, 
and comment we received, go to www.regulations.gov and enter APHIS-
2020-0071 in the Search field.
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    We solicited comments on the notice for 60 days ending April 26, 
2021. We received one comment by that date. The comment was from a 
private citizen.
    The commenter stated that it was difficult to know what the 
different classification levels for disease status meant and asked that 
we explain what they meant.
    As we explained in the notice, Sec.  93.437 of the regulations 
contains the requirements for classification of foreign regions for 
bovine tuberculosis and Sec.  93.438 contains the process for 
requesting regional classification for bovine tuberculosis. As part of 
the process for requesting regional classification, the national 
government of the region must submit an application to APHIS that 
defines the boundaries of the region, specifies the prevalence level 
for bovine tuberculosis within the region, and demonstrates that, among 
other things:
     There is effective veterinary control and oversight within 
the region;
     Bovine tuberculosis is a notifiable disease within the 
region; and
     The region has a program for bovine tuberculosis in place 
that includes epidemiological investigations, management of affected 
herds, diagnostic testing, and disease surveillance.
    The specific requirements for classification as a Level I region 
for bovine tuberculosis are set out in paragraph (a) of Sec.  93.437. 
To receive Level I classification for bovine tuberculosis, a region 
must meet APHIS requirements for bovine tuberculosis classification in 
accordance with Sec.  93.438, and a prevalence of tuberculosis in their 
domestic bovine herds of less than 0.001 percent over at least the 
previous 2 years (24 consecutive months).
    In the evaluation titled ``APHIS Evaluation of Canada for Bovine 
Tuberculosis (Mycobacterium bovis) Classification'' (April 2020) that 
accompanied our February 24, 2021 notice,\2\ we set forth the results 
of our evaluation of Canada for bovine tuberculosis. APHIS found that 
Canada fully meets APHIS requirements for classification and that the 
prevalence of bovine tuberculosis in Canada appears to be well below 
0.001 percent, meaning that Canada qualifies for classification as 
Level I. The evaluation also noted that such classification effectively 
exempts all Canadian cattle and bison exported to the United States 
from bovine tuberculosis testing prior to export.
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    \2\ See footnote 1.
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    Similarly, as we explained in the notice, Sec.  93.440 of the 
regulations contains the requirements for classification of foreign 
regions for brucellosis and Sec.  93.441 contains the process for 
requesting regional classification for brucellosis. The process for 
requesting regional brucellosis classification is similar to the 
process for requesting regional bovine tuberculosis classification 
summarized above.
    The specific requirements for classification as a Level I region 
for brucellosis are set out in paragraph (a) of Sec.  93.440. To 
receive Level I classification for brucellosis, a region must meet 
APHIS requirements for brucellosis classification in accordance with 
Sec.  93.441, and also have a prevalence of brucellosis in their 
domestic bovine herds of less than 0.001 percent over at least the 
previous 2 years (24 consecutive months).
    In the evaluation titled ``APHIS Evaluation of Canada for Bovine 
Brucellosis (Brucella abortus) Classification'' (May 2020) that 
accompanied our February 24, 2021 notice,\3\ we set forth the results 
of our evaluation of Canada for bovine brucellosis. APHIS found that 
Canada fully meets the APHIS requirements for classification and that 
brucellosis has not been confirmed in a bovine animal in that country 
since 1989, qualifying Canada for Level I classification for 
brucellosis. The evaluation also noted that such classification 
effectively exempts all Canadian cattle and bison exported to the 
United States from brucellosis testing.
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    \3\ See footnote 1.
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    Therefore, in accordance with the regulations in Sec. Sec.  93.437 
and 93.440, we are announcing our decision to classify Canada as Level 
I for both bovine tuberculosis and brucellosis, and to add Canada to 
the web-based list of Level I regions for bovine tuberculosis and the 
web-based list of Level I regions for brucellosis. Bovines from Canada 
may be imported under the conditions listed in Sec. Sec.  93.439 and 
93.442 for the appropriate classification level.

National Environmental Policy Act

    After reviewing and evaluating the comment received during the 
comment period on the draft EA, evaluations, and other information, 
APHIS has prepared a final EA, which provides the public with 
documentation of APHIS' review and analysis of any potential 
environmental impacts associated with the classification of Canada as 
Level I for bovine tuberculosis and brucellosis. The EA was prepared in 
accordance with: (1) The National Environmental Policy Act (NEPA), as 
amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on 
Environmental Quality for implementing the procedural provisions of 
NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA 
(7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR 
part 372). Based on our EA, the response to public comment, and other 
pertinent information, APHIS has reached a finding of no significant 
impact (FONSI) with regard to the classification of Canada as Level I 
for bovine tuberculosis and brucellosis.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this action 
as not a major rule, as defined by 5 U.S.C. 804(2).

    Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4

    Done in Washington, DC, this 21st day of December 2021.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-28057 Filed 12-23-21; 8:45 am]
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