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

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Rules and Regulations Federal Register

58291 

Vol. 70, No. 193 

Thursday, October 6, 2005 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 77 

[Docket No. 05–035–1] 

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 designate the 

Upper Peninsula of the State of 

Michigan as an accredited-free zone. We 

have determined that Michigan meets 

the requirements for zone recognition 

and that the Upper Peninsula meets the 

criteria for designation as an accreditedfree zone. This action relieves 

restrictions on the interstate movement 

of cattle and bison from the Upper 

Peninsula. 

DATES: This interim rule is effective 

September 30, 2005. We will consider 

all comments that we receive on or 

before December 5, 2005. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• EDOCKET: Go to http:// 

www.epa.gov/feddocket to submit or 

view public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once you have 

entered EDOCKET, click on the ‘‘View 

Open APHIS Dockets’’ link to locate this 

document. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 05–035–1, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3C71, 4700 River Road 

Unit 118, Riverdale, MD 20737–1238. 

Please state that your comment refers to 

Docket No. 05–035–1. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for locating this docket 

and submitting comments. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room 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. 

Other Information: You may view 

APHIS documents published in the 

Federal Register and related 

information on the Internet at http:// 

www.aphis.usda.gov/ppd/rad/ 

webrepor.html. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael Dutcher, Senior Staff 

Veterinarian, National Tuberculosis 

Eradication Program, VS, APHIS, 4700 

River Road Unit 43, Riverdale, MD 

20737; (301) 734–5467. 

SUPPLEMENTARY INFORMATION: 

Background 

Bovine tuberculosis is a contagious 

and infectious granulomatous disease 

caused by Mycobacterium bovis. It 

affects cattle, bison, deer, elk, goats, and 

other warm-blooded species, including 

humans. Bovine tuberculosis in infected 

animals and humans manifests itself in 

lesions of the lung, bone, and other 

body parts, causes weight loss and 

general debilitation, and can be fatal. At 

the beginning of the last century, bovine 

tuberculosis caused more losses of 

livestock than all other livestock 

diseases combined. This prompted the 

establishment of the National 

Cooperative State/Federal Bovine 

Tuberculosis Eradication Program for 

bovine tuberculosis in livestock. 

Through this program, the Animal and 

Plant Health Inspection Service (APHIS) 

works cooperatively with the national 

livestock industry and State animal 

health agencies to eradicate tuberculosis 

from domestic livestock in the United 

States and prevent its recurrence. 

Federal regulations implementing this 

program are contained in 9 CFR part 77 

‘‘Tuberculosis’’ (referred to below as the 

regulations), and in the ‘‘Uniform 

Methods and Rules—Bovine 

Tuberculosis Eradication’’ (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 

accredited-free State or zone, modified 

accredited advanced State or zone, 

modified accredited State or zone, 

accreditation preparatory State or zone, 

or nonaccredited State or zone. 

Conditions for Zone Recognition 

Under §§ 77.3 and 77.4 of the 

regulations, in order to qualify for zone 

classification by APHIS, the State must 

meet the following requirements: 

1. The State must have adopted and 

must be enforcing regulations that 

impose restrictions on the intrastate 

movement of cattle, bison, and captive 

cervids that are substantially the same 

as those in place in part 77 for the 

interstate movement of those animals. 

2. The designation of part of a State 

as a zone must otherwise be adequate to 

prevent the interstate spread of 

tuberculosis. 

3. The zones must be delineated by 

the animal health authorities in the 

State making the request for zone 

recognition and must be approved by 

the APHIS Administrator. 

4. The request for zone classification 

must demonstrate that the State has the 

legal and financial resources to 

implement and enforce a tuberculosis 

eradication program and has in place an 

infrastructure, laws, and regulations that 

require and ensure that State and 

Federal animal health authorities are 

notified of tuberculosis cases in 

domestic livestock or outbreaks in 

wildlife. 

5. The request for zone classification 

must demonstrate that the State 

maintains, in each intended zone, 

clinical and epidemiological 

surveillance of animal species at risk of 

tuberculosis, at a rate that allows 

detection of tuberculosis in the overall 

population of livestock at a 2 percent 

prevalence rate with 95 percent 

confidence. The designated tuberculosis 

epidemiologist must review reports of 

58292 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

all testing for each zone within the State 

within 30 days of the testing. 

6. The State must enter into a 

memorandum of understanding with 

APHIS in which the State agrees to 

adhere to any conditions for zone 

recognition particular to that request. 

Request for Third Zone in Michigan 

The State of Michigan is currently 

divided into two zones with different 

classifications. The first zone, which is 

classified as modified accredited, 

comprises Alcona, Alpena, Antrim, 

Charlevoix, Cheboygan, Crawford, 

Emmet, Montmorency, Oscoda, Otsego, 

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 

second zone covers the remainder of the 

State and is classified as modified 

accredited advanced. 

We have received from the State of 

Michigan a request for recognition of a 

portion of the modified accredited 

advanced zone as a third zone. 

Specifically, the State animal health 

officials requested that Michigan’s 

Upper Peninsula, which consists of 

Alger, Baraga, Chippewa, Delta, 

Dickinson, Gogebic, Houghton, Iron, 

Keweenaw, Luce, Mackinac, Marquette, 

Menominee, Ontonagon, and 

Schoolcraft Counties, be recognized as a 

separate zone. In their request, Michigan 

officials demonstrated that Michigan 

meets the requirements listed above for 

the requested zone designation. 

Therefore, in this interim rule, we are 

recognizing Michigan’s Upper Peninsula 

as a separate zone. 

With regard to cattle and bison, State 

animal health officials in Michigan have 

demonstrated to APHIS that the Upper 

Peninsula meets the criteria for 

accredited-free status set forth in the 

definition of accredited-free State or 

zone in § 77.5 of the regulations. In 

accordance with these conditions, 

Michigan has demonstrated that the 

Upper Peninsula has zero percent 

prevalence of affected cattle or bison 

herds and has had no findings of 

tuberculosis in any cattle or bison herds 

for the last 5 years. Additionally, the 

State complies with the conditions of 

the UMR. 

Providing recognition of Michigan’s 

Upper Peninsula as an accredited-free 

zone will allow cattle producers in that 

zone to move their cattle without a 

tuberculosis test, thus saving time and 

money. This action will therefore 

relieve restrictions that are no longer 

warranted, and facilitate further efforts 

of the National Tuberculosis Eradication 

Program. 

Immediate Action 

Immediate action is warranted to 

relieve restrictions on the interstate 

movement of cattle and bison from 

those counties which make up 

Michigan’s Upper Peninsula. We have 

determined that Michigan’s Upper 

Peninsula has satisfied the requirements 

for designation as an accredited-free 

zone 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 rule has been reviewed under 

Executive Order 12866. For this action, 

the Office of Management and Budget 

has waived its review under Executive 

Order 12866. 

The State of Michigan has been split 

into two zones for bovine tuberculosis, 

with one classified as modified 

accredited and the other zone classified 

as modified accredited advanced. We 

are amending the regulations to 

establish Michigan’s Upper Peninsula as 

a third zone for bovine tuberculosis, 

with the status level of accredited-free. 

According to the size standard 

established by the Small Business 

Administration for producers of cattle 

and calves (NAICS 112111, Beef cattle 

ranching and farming), enterprises with 

not more than $750,000 in annual 

receipts qualify as small entities. Based 

on data from the 2002 Census of 

Agriculture, 814 operations in the 

Upper Peninsula raised 54,315 cattle 

and calves in 2002. In Michigan as a 

whole, over 99 percent of entities 

engaged in cattle farming are small 

entities. In 2002, they owned an average 

of 57 cattle and had an average income 

of $19,620, well below the $750,000 

criterion. Large operations had an 

average of 2,112 cattle and an average 

annual income of $1,692,590. The 

proportion of small to large cattle 

producers in the Upper Peninsula is 

presumably similar to their proportion 

State-wide. The overwhelming majority 

of operations affected by the rule are 

expected to be small. 

Tuberculosis testing, which includes 

veterinary fees and handling expenses, 

costs about $10 to $15 per test. There 

were 54,315 cattle and calves in the 

Upper Peninsula in 2002. Of this total, 

about 50 percent were breeding animals 

and the rest were animals in feedlots 

and outside feedlots. About 10 percent 

of those non-breeding cattle and calves 

are moved interstate. With accreditedfree status, producers in the Upper 

Peninsula would no longer be required 

to test those animals prior to interstate 

movement, so savings of between 

$27,158 and $40,736 in forgone testing 

costs could be expected. If those savings 

were distributed evenly across the 814 

operations identified in the 2002 Census 

of Agriculture, each operation could be 

expected to see savings of between 

approximately $33 and $50. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would 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 

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: 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58293 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

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

read as follows: 

§ 77.7 Accredited-free States or zones. 

* * * * * 

(b) The following are accredited-free 

zones: 

(1) A zone 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. 

(2) All of the State of New Mexico 

except for the zone that comprises those 

portions of Curry and Roosevelt 

Counties, NM, described in § 77.9(b)(2). 

* * * * * 

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

to read as follows. 

§ 77.9 Modified accredited advanced 

States or zones. 

* * * * * 

(b) * * * 

(1) The following are modified 

accredited advanced zones: All of the 

State of Michigan except for the zones 

that comprise those counties or portions 

of counties in Michigan described in 

§ 77.7(b)(1) and § 77.11(b). 

* * * * * 

Done in Washington, DC, this 30th day of 

September 2005. 

W. Ron DeHaven, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 05–20098 Filed 10–5–05; 8:45 am] 

BILLING CODE 3410–34–P 

FARM CREDIT ADMINISTRATION 

12 CFR Parts 620, 621, 650, 651, 652, 

653, 654, and 655 

RIN 3052–AC18 

Disclosure to Shareholders; 

Accounting and Reporting 

Requirements; Federal Agricultural 

Mortgage Corporation General 

Provisions; Federal Agricultural 

Mortgage Corporation Governance; 

Federal Agricultural Mortgage 

Corporation Funding and Fiscal 

Affairs; Federal Agricultural Mortgage 

Corporation Disclosure and Reporting 

Requirements; Effective Date 

AGENCY: Farm Credit Administration. 

ACTION: Notice of effective date. 

SUMMARY: The Farm Credit 

Administration (FCA) published a final 

rule under parts 620, 621, 650, 651, 652, 

653, 654, and 655 on July 14, 2005 (70 

FR 40635). This final rule ensures that 

the Federal Agricultural Mortgage 

Corporation (Farmer Mac) continues to 

hold high-quality, liquid investments to 

maintain a sufficient liquidity reserve, 

invest surplus funds, and manage 

interest-rate risk, while maintaining 

non-program investments at appropriate 

levels considering Farmer Mac’s status 

as a Government-sponsored enterprise. 

In accordance with 12 U.S.C. 2252, the 

effective date of the final rule is 30 days 

from the date of publication in the 

Federal Register during which either or 

both Houses of Congress are in session. 

Based on the records of the sessions of 

Congress, the effective date of the 

regulation is September 30, 2005. 

EFFECTIVE DATE: The regulation 

amending 12 CFR parts 620, 621, 650, 

651, 652, 653, 654, and 655 published 

on July 14, 2005 (70 FR 40635) is 

effective September 30, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Joseph T. Connor, Associate Director for 

Policy and Analysis Office of Secondary 

Market Oversight, Farm Credit 

Administration, McLean, VA 22102–

5090, (703) 883–4364, TTY (703) 883–

4434; or Jennifer A. Cohn, Senior 

Attorney, Office of General Counsel, 

Farm Credit Administration, McLean, 

VA 22102–5090, (703) 883–4020, TTY 

(703) 883–4020. 

(12 U.S.C. 2252(a)(9) and (10)) 

Dated: September 30, 2005. 

Jeanette C. Brinkley, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 05–20036 Filed 10–5–05; 8:45 am] 

BILLING CODE 6705–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22583; Directorate 

Identifier 2002–NM–303–AD; Amendment 

39–14318; AD 2005–20–22] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

ATP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all BAE 

Systems (Operations) Limited Model 

ATP airplanes. This AD requires 

repetitive inspections for environmental 

damage, including corrosion, of the 

fuselage and wing structure, and 

corrective actions if necessary. This AD 

results from information indicating the 

potential for environmental damage of 

the fuselage and wing structure. We are 

issuing this AD to detect and correct 

such damage, including corrosion, in 

the fuselage and wing structure, which 

could result in cracking and consequent 

reduced structural integrity of the 

fuselage and wing structure. 

DATES: This AD becomes effective 

October 21, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of October 21, 2005. 

We must receive comments on this 

AD by December 5, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web Site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-Wide Rulemaking Web 

Site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact British Aerospace Regional 

Aircraft American Support, 13850 

Mclearen Road, Herndon, Virginia 

20171, for service information identified 

in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Civil Aviation Authority (CAA), 

which is the airworthiness authority for 

the United Kingdom, notified us that an 

unsafe condition may exist on all BAE 

Systems (Operations) Limited Model 

ATP airplanes. The CAA advises that 

there is a potential for environmental 

damage of the fuselage and wing 

structure. New inspections for 

environmental damage were added to 

the ATP Maintenance Review Board