Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 61251 

offset by the benefits derived by the 

operation of the order. In addition, the 

Committee’s meeting was widely 

publicized throughout the Texas orange 

and grapefruit industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 9, 

2011, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189 (Generic 

Fruit Crops—Mandatory). No changes in 

those requirements as a result of this 

action are necessary. Should any 

changes become necessary, they would 

be submitted to OMB for approval. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large Texas orange 

and grapefruit handlers. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. As 

noted in the initial regulatory flexibility 

analysis, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap, or conflict with this final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on August 10, 2011 (76 FR 

49381). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all orange and grapefruit handlers. 

Finally, the proposal was made 

available through the Internet by USDA 

and the Office of the Federal Register. A 

10-day comment period ending August 

22, 2011, was provided for interested 

persons to respond to the proposal. No 

comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2011–12 fiscal period 

began on August 1, 2011, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable oranges and grapefruit 

handled during such fiscal period; (2) 

the Committee needs to have sufficient 

funds to pay its expenses, which are 

incurred on a continuous basis; and (3) 

handlers are aware of this rule which 

was unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years. Also, a 10-day 

comment period was provided for in the 

proposed rule. 

List of Subjects in 7 CFR Part 906 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 906 is amended as 

follows: 

PART 906—ORANGES AND 

GRAPEFRUIT GROWN IN LOWER RIO 

GRANDE VALLEY IN TEXAS 

■ 1. The authority citation for 7 CFR 

part 906 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 906.235 is revised to read 

as follows: 

§ 906.235 Assessment rate. 

On and after August 1, 2011, an 

assessment rate of $0.14 per 7/10-bushel 

carton or equivalent is established for 

oranges and grapefruit grown in the 

Lower Rio Grande Valley in Texas. 

Dated: September 29, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–25493 Filed 10–3–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 77 

[Docket No. APHIS–2011–0093] 

Tuberculosis in Cattle and Bison; State 

and Zone Designations; New Mexico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the bovine 

tuberculosis regulations regarding State 

and zone classifications by reclassifying 

a zone in New Mexico consisting of 

Curry and Roosevelt Counties. We have 

determined that the zone meets the 

criteria for accredited-free status. Since 

the remainder of the State is already 

classified as accredited free, the entire 

State of New Mexico is now classified 

as accredited free. This action relieves 

certain restrictions on the interstate 

movement of cattle and bison from 

Curry and Roosevelt Counties in New 

Mexico. 

DATES: This interim rule is effective 

October 4, 2011. We will consider all 

comments that we receive on or before 

December 5, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0093- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0093, 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-2011-0093 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. 

Kathleen Orloski, Senior Staff 

Veterinarian, Ruminant Health 

Programs, Veterinary Services, APHIS, 

2150 Centre Avenue, Building B3E20, 

Fort Collins, CO 80526; (970) 494–7221. 

SUPPLEMENTARY INFORMATION: 


sroberts on DSK5SPTVN1PROD with RULES
61252 Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 

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 Zone 

In an interim rule effective and 

published in the Federal Register on 

March 23, 2009 (74 FR 12055–12058, 

Docket No. APHIS–2008–0124), we 

amended the tuberculosis regulations 

for cattle and bison by dividing New 

Mexico into two zones for tuberculosis. 

At the time, the entire State was 

classified as modified accredited 

advanced. The interim rule established 

all of New Mexico except Curry and 

Roosevelt Counties as an accredited-free 

zone. The area comprising Curry and 

Roosevelt Counties, along New Mexico’s 

eastern border with Texas, was 

recognized as a separate zone that 

continued to have modified accredited 

advanced status. 

We have received from the State of 

New Mexico a request to reclassify the 

modified accredited advanced zone. 

Based on the findings of a review of the 

tuberculosis eradication program in 

New Mexico conducted during May 

through July of 2011, APHIS has 

determined that the zone meets the 

criteria for advancement of status 

contained in the regulations. 

State animal health officials in New 

Mexico have demonstrated that the 

State enforces and complies with the 

provisions of the UMR. The State of 

New Mexico 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 completed a testand-remove herd plan and was released 

from quarantine in July 2009. Therefore, 

New Mexico has demonstrated that the 

zone within the State 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 § 77.5 of the regulations. 

Based on our evaluation of New 

Mexico’s request, we are classifying the 

zone composed of Curry and Roosevelt 

Counties as accredited free, which 

results in the entire State of New 

Mexico having an accredited-free 

classification. 

Immediate Action 

Immediate action is warranted to 

relieve restrictions on the interstate 

movement of cattle and bison from 

Curry and Roosevelt Counties in New 

Mexico. 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. 

Advancing the status of the former 

modified accredited advanced zone in 

New Mexico will reduce the interstate 

movement restrictions for cattle and 

bison originating from Curry and 

Roosevelt Counties. Herd owners in the 

area will no longer have to test their 

cattle and bison for bovine tuberculosis 

in order to move them interstate. 

Tuberculosis testing, including 

veterinary fees, costs about $10 to $15 

per head. The annual cost savings 

associated with the removal of those 

tests for the 1,621 herds in the affected 

area are expected to be between 

$662,000 and $993,000, or from $408 to 

$613 per herd on average. In addition, 

tuberculosis testing costs represent no 

more than about 1.7 percent of the 

average value of the cattle tested ($870 

per head on January 1, 2010). 

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 


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Federal Register / Vol. 76, No. 192 / Tuesday, October 4, 2011 / Rules and Regulations 61253 

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 

■ 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] 

■ 2. Section 77.7 is amended as follows: 

■ a. In paragraph (a), by adding the 

words ‘‘New Mexico,’’ after the words 

‘‘New Jersey,’’. 

■ b. By removing and reserving 

paragraph (b)(2). 

§ 77.9 [Amended] 

■ 3. In § 77.9, paragraph (b)(3) is 

removed. 

Done in Washington, DC, this 30th day of 

September 2011. 

Gregory L. Parham, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2011–25687 Filed 10–3–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 77 

[Docket No. APHIS–2011–0100] 

Tuberculosis in Cattle and Bison; State 

and Zone Designations; Minnesota 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the bovine 

tuberculosis regulations regarding State 

and zone classifications by reclassifying 

a zone in Minnesota consisting of 

portions of Lake of the Woods, Roseau, 

Marshall, and Beltrami Counties. We 

have determined that the zone meets the 

criteria for accredited-free status. Since 

the remainder of the State is already 

classified as accredited free, the entire 

State of Minnesota is now classified as 

accredited free. This action relieves 

certain restrictions on the interstate 

movement of cattle and bison from the 

area of Minnesota that was previously 

classified as modified accredited 

advanced for tuberculosis. 

DATES: This interim rule is effective 

October 4, 2011. We will consider all 

comments that we receive on or before 

December 5, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0100- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0100, 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-2011-0100 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, Ruminant Health 

Programs, Veterinary Services, APHIS, 

2150 Centre Avenue, Building B–3E20, 

Fort Collins, CO 80526; (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 Zone 

In an interim rule effective and 

published in the Federal Register on 

October 10, 2008 (73 FR 60099–60102, 

Docket No. APHIS–2008–0117), we 

amended the tuberculosis regulations 

for cattle and bison by dividing 

Minnesota into two zones for 

tuberculosis. We classified the zone in 

the northwest corner of the State 

consisting of portions of Lake of the 

Woods, Roseau, Marshall, and Beltrami 

Counties as modified accredited, and 

the remainder of the State as modified 

accredited advanced. 

Subsequently, in an interim rule 

effective and published in the Federal 

Register on October 1, 2010 (75 FR 

60586–60588, Docket No. APHIS–2010– 

0097), we reclassified the modified 

accredited zone as modified accredited 

advanced, and the remainder of the 

State as accredited free. 

We have received from the State of 

Minnesota a request to reclassify the 

modified accredited advanced zone as 


sroberts on DSK5SPTVN1PROD with RULES