This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

56635 

Vol. 76, No. 178 

Wednesday, September 14, 2011 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 77 

[Docket No. APHIS–2011–0075] 

Tuberculosis in Cattle and Bison; State 

and Zone Designations; Michigan 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the bovine 

tuberculosis regulations to adjust the 

boundaries of the modified accredited, 

modified accredited advanced, and 

accredited-free tuberculosis risk 

classification zones for the State of 

Michigan. We have determined that 55 

counties that are currently designated 

modified accredited advanced status 

now meet our requirements for 

accredited-free status. In addition, Iosco 

and Ogemaw Counties, of which some 

portions are designated modified 

accredited and other portions 

designated modified accredited 

advanced, now meet the requirements 

for accredited-free status. We also have 

determined that Presque Isle County, 

which is currently designated modified 

accredited, now meets our requirements 

for modified accredited advanced status. 

These actions lessen restrictions on the 

interstate movement of cattle and bison 

from these areas of Michigan. 

DATES: This interim rule is effective 

September 14, 2011. We will consider 

all comments that we receive on or 

before November 14, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0075- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comments to Docket No. 

APHIS–2011–0075, 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-2011-0075 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. C. William Hench, Senior Staff 

Veterinarian, Eradication and 

Surveillance Team, National Center for 

Animal Health Programs, VS, APHIS, 

2150 Centre Avenue, Building B–3E20, 

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 (referred 

to below as the regulations) and in the 

Bovine Tuberculosis Eradication 

Uniform Methods and Rules, 1999 

(UMR), which is incorporated by 

reference into the regulations. The 

regulations restrict the interstate 

movement of cattle, bison, and captive 

cervids to prevent the spread of 

tuberculosis. 

Subpart B of the regulations contains 

requirements for the interstate 

movement of cattle and bison not 

known to be infected with or exposed to 

tuberculosis. The interstate movement 

requirements depend upon whether the 

animals are moved from an accreditedfree State or zone, modified accredited 

advanced State or zone, modified 

accredited State or zone, accreditation 

preparatory State or zone, or 

nonaccredited State or zone. 

Request for Boundary Adjustment of 

Modified Accredited, Modified 

Accredited Advanced, and AccreditedFree Zones in Michigan 

The status of a State or zone is based 

on its freedom from evidence of 

tuberculosis in cattle and bison, the 

effectiveness of the State’s tuberculosis 

eradication program, and the degree of 

the State’s compliance with the 

standards for cattle and bison contained 

in the UMR. In addition, the regulations 

allow that a State may request splitState status via partitioning into specific 

geographic regions or zones with 

differential status designations 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. 

The State of Michigan is currently 

divided into three zones with different 

classifications. The first zone, which is 

classified as accredited-free, comprises 

an area in Michigan known as the Upper 

Peninsula that comprises Alger, Baraga, 

Chippewa, Delta, Dickinson, Gogebic, 

Houghton, Iron, Keweenaw, Luce, 

Mackinac, Marquette, Menominee, 

Ontonagon, and Schoolcraft Counties. 


tkelley on DSKG8SOYB1PROD with RULES
56636 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations 

The second zone, which is classified as 

modified accredited, comprises Alcona, 

Alpena, Montmorency, Oscoda, and 

Presque Isle Counties and those portions 

of Iosco and Ogemaw Counties that are 

north of the southernmost boundary of 

the Huron National Forest and the Au 

Sable State Forest. The third zone 

comprises the remainder of the State 

and is classified as modified accredited 

advanced. 

We have received a request from the 

State of Michigan for changes to the 

boundaries of these zones. Specifically, 

State animal health officials asked that 

the status of 55 counties and the 

portions of Iosco and Ogemaw counties 

south of the southernmost boundary of 

the Huron National Forest and the Au 

Sable State Forest be raised from 

modified accredited advanced status to 

accredited-free status and the status of 

the remaining areas in Iosco and 

Ogemaw Counties be raised from 

modified accredited to accredited-free. 

The State of Michigan also requested 

that the status of Presque Isle County be 

raised from modified accredited to 

modified accredited advanced. In their 

request, Michigan officials 

demonstrated to APHIS that the 

counties described above meet the 

criteria for the new statuses set forth in 

the definitions of modified accredited 

advanced State or zone and accreditedfree State or zone in § 77.5 of the 

regulations. Additionally, the State 

complies with the conditions of the 

UMR. 

Immediate Action 

Immediate action is warranted to 

relieve restrictions on the interstate 

movement of cattle and bison from the 

newly classified modified accredited 

advanced and accredited free zones in 

Michigan. 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. 

Michigan currently has a split State 

status for bovine tuberculosis with an 

accredited-free zone, a modified 

accredited advanced zone, and a 

modified accredited zone. This interim 

rule will reclassify the status of 55 

counties from modified accredited 

advanced status to accredited-free 

status. In addition, Presque Isle County 

will be reclassified from modified 

accredited to modified accredited 

advanced. Iosco and Ogemaw Counties, 

of which some portions are designated 

modified accredited and other portions 

designated modified accredited 

advanced, will be reclassified as 

accredited-free. 

Modified accredited status imposes 

various requirements for tuberculosis 

testing of cattle. Reclassification to 

accredited-free removes all movement 

restrictions, and reclassification from 

modified accredited to modified 

accredited advanced reduces 

requirements. 

Advancement of status for the abovementioned counties will allow 

producers to move their cattle with 

fewer pre-movement testing 

requirements, saving time and money. 

Because few producers will be affected, 

these savings are expected to be 

relatively small. This action will not 

significantly change program operations 

and will have no significant effects on 

other Federal agencies, State 

governments, or local governments. 

Michigan animal health authorities have 

a plan and the capability to maintain 

separate tuberculosis zones within their 

State with separate requirements and 

border controls. 

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: (1) Preempts all State 

and local laws and regulations that are 

in conflict with this rule; (2) has no 

retroactive effect; and (3) 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. 

Accordingly, we are amending 9 CFR 

part 77 as follows: 

PART 77—TUBERCULOSIS 

■ 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. 

■ 2. In § 77.7, paragraph (b)(1) is revised 

to read as follows: 

§ 77.7 Accredited-free States or zones. 

* * * * * 

(b) * * * 

(1) All of the State of Michigan except 

for the zones that comprise those 

counties in Michigan described in 

§ 77.9(b)(1) and § 77.11(b)(1). 

* * * * * 

■ 3. In § 77.9, paragraph (b)(1) is revised 

to read as follows: 

§ 77.9 Modified accredited advanced 

States or zones. 

* * * * * 

(b) * * * 

(1) A zone in Michigan that comprises 

Antrim, Charlevoix, Cheboygan, 

Crawford, Emmet, Otsego, and Presque 

Isle Counties. 

* * * * * 

■ 4. In § 77.11, paragraph (b)(1) is 

revised to read as follows: 

§ 77.11 Modified accredited States or 

zones. 

* * * * * 

(b) * * * 

(1) A zone in Michigan that comprises 

Alcona, Alpena, Montmorency, and 

Oscoda Counties. 

* * * * * 


tkelley on DSKG8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations 56637 

Done in Washington, DC, this 7th day of 

September 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–23432 Filed 9–13–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0604; Directorate 

Identifier 2011–NE–21–AD; Amendment 39– 

16791; AD 2011–18–09] 

RIN 2120–AA64 

Airworthiness Directives; Lycoming 

Engines Model IO–720–A1B 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

model IO–720–A1B Lycoming Engines 

reciprocating engines. This AD requires 

a crankshaft inspection for certain parts 

that may be installed. This AD was 

prompted by the failure of a crankshaft 

due to incorrect parts installed. We are 

issuing this AD to prevent engine 

crankshaft failure and damage to the 

airplane. 

DATES: This AD is effective September 

29, 2011. 

We must receive comments on this 

AD by October 31, 2011. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Norm Perenson, Aerospace Engineer, 

New York Aircraft Certification Office, 

FAA, Engine & Propeller Directorate, 

1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: 516–228– 

7337; fax: 516–794–5531; e-mail: 

Norman.perenson@faa.gov. 

SUPPLEMENTARY INFORMATION:

Discussion 

We received a report of a crankshaft 

failing after a repair station installed a 

crankshaft that had improper 

counterweight washers installed. The 

repair station has determined that two 

additional engines require inspection, to 

determine if the crankshaft they 

installed has the same improper 

washers. However, the two engines 

which have not been inspected, cannot 

be located. This condition, if not 

corrected, could result in engine 

crankshaft failure and damage to the 

airplane. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist in 

other products of the same type design. 

AD Requirements 

This AD requires removing four 

cylinders from each affected engine and 

inspecting the engine crankshaft 

counterweight washers. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because a crankshaft with improper 

damper washers installed, failed after 

440 hours of operation. The location of 

the two additional engines that require 

inspection, and the unknown current 

time-since-overhaul on those engines, 

warrants immediate notice to advise the 

current or subsequent owner of the need 

to inspect the engines before further 

flight. Therefore, we find that notice and 

opportunity for prior public comment 

are impracticable and that good cause 

exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2011–0604 and Directorate 

Identifier 2011–NE–21–AD at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD will affect 

two Lycoming Engines model IO–720– 

A1B reciprocating engines, installed on 

airplanes of U.S. registry. We also 

estimate that the inspection will take 

about 0.5 work-hour per engine to 

perform, and that the average labor rate 

is $85 per work-hour. Required parts 

would cost $0 per engine. Based on 

these figures, we estimate the total cost 

of the AD to U.S. operators to be $170. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 


tkelley on DSKG8SOYB1PROD with RULES