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[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Rules and Regulations]
[Pages 61253-61254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25688]

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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.

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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

[[Page 61254]]

accredited free. Based on the findings of a review of the tuberculosis 
eradication program in Minnesota conducted during June and July 2011, 
APHIS has determined that the zone meets the criteria for advancement 
of status contained in the regulations.
    State animal health officials in Minnesota have demonstrated that 
the State enforces and complies with the provisions of the UMR. The 
State of Minnesota 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 in the 
zone was depopulated in January 2009. Therefore, Minnesota 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 Sec.  77.5 of the regulations.
    Based on our evaluation of Minnesota's request, we are classifying 
the zone consisting of portions of Lake of the Woods, Roseau, Marshall, 
and Beltrami Counties as accredited free, which results in the entire 
State of Minnesota having an accredited-free classification.

Immediate Action

    Immediate action is warranted to relieve restrictions on the 
interstate movement of cattle and bison from portions of Lake of the 
Woods, Roseau, Marshall, and Beltrami Counties in Minnesota. 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 Minnesota will reduce the interstate movement restrictions for 
cattle and bison originating from portions of Lake of the Woods, 
Roseau, Marshall, and Beltrami 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 254 herds in 
the affected area is expected to be between $110,280 and $165,420, or 
from $434 to $651 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, which was $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 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.

Sec.  77.7  [Amended]

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2. Section 77.7 is amended as follows:
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a. In paragraph (a), by adding the word ``Minnesota,'' after the word 
``Massachusetts,''.
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b. By removing paragraph (b)(3).

Sec.  77.9  [Amended]

0
3. In Sec.  77.9, paragraph (b)(2) is removed and reserved.

Done in Washington, DC, this 30th day of September 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-25688 Filed 10-3-11; 8:45 am]
BILLING CODE 3410-34-P
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