[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Rules and Regulations]
[Pages 58291-58293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20098]



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

[[Page 58291]]



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.

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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 accredited-free 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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 Sec. Sec.  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

[[Page 58292]]

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 Sec.  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 accredited-free 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.

0
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:


[[Page 58293]]


    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.


0
2. In Sec.  77.7, paragraph (b) is revised to read as follows:


Sec.  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 Sec.  77.9(b)(2).
* * * * *

0
3. In Sec.  77.9, paragraph (b)(1) is revised to read as follows.


Sec.  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 Sec.  77.7(b)(1) and 
Sec.  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]
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