60586 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 

(2) For an annuitant or 

compensationer, the appropriate office 

is OPM. 

■ 24. Section 870.907(c) is revised to 

read as follows: 

§ 870.907 Termination and conversion. 

* * * * * 

(c) An assignment terminates 31 days 

after the insurance terminates, unless 

the insured individual is reemployed in 

or returns to a position in which he or 

she is entitled to coverage under this 

part within 31 days after the insurance 

terminates. If the individual returns to 

Federal service, Basic insurance and any 

Option A and/or Option B insurance 

acquired through returning to service is 

subject to the existing assignment. 

■ 25. Section 870.910 is revised to read 

as follows: 

§ 870.910 Notification of current 

addresses. 

Each assignee must keep the office 

where the assignment is filed informed 

of his/her current address. 

Subpart K—Living Benefits 

■ 26. Section 870.1103 is revised to read 

as follows: 

§ 870.1103 Election procedures. 

(a) The insured individual must 

request information on Living Benefits 

and an application form directly from 

OFEGLI. 

(b)(1) The insured individual must 

complete the first part of the application 

and have his or her physician complete 

the second part. The completed 

application must be submitted directly 

to OFEGLI. 

(2) Another person may apply for a 

Living Benefit on the insured 

individual’s behalf if all of the following 

conditions are met: 

(i) The insured’s physician must 

certify that the insured individual is 

physically or mentally incapable of 

making an election; 

(ii) The applicant must have power of 

attorney or a court order authorizing 

him or her to elect a Living Benefit on 

the insured individual’s behalf; 

(iii) The applicant must place his or 

her own signature on the application 

and attach it to a true and correct copy 

of the power of attorney or court order 

authorizing the applicant to make the 

election on the insured individual’s 

behalf; and 

(iv) The applicant must either be the 

insured individual’s sole beneficiary or 

attach a true and correct copy of each 

beneficiary’s written and signed 

consent. 

(c)(1) OFEGLI reviews the application, 

obtains certification from the insured’s 

employing office regarding the amount 

of insurance and the absence of an 

assignment, and determines whether the 

individual meets the requirements to 

elect a Living Benefit. 

(2) If OFEGLI needs additional 

information, it will contact the insured 

or the insured’s physician. 

(3) Under certain circumstances, 

OFEGLI may require a medical 

examination before making a decision. 

In these cases, OFEGLI is financially 

responsible for the cost of the medical 

examination. 

(d)(1) If the application is approved, 

OFEGLI sends the insured a check or 

makes an electronic funds transfer to the 

insured’s account for the Living Benefit 

payment and an explanation of benefits. 

(i) Until the check has been cashed or 

deposited, or before the electronic funds 

transfer has been received, the 

individual may change his or her mind 

about electing a Living Benefit; if this 

happens, the individual must mark the 

check ‘‘void’’ and return it to OFEGLI. 

(ii) Once the insured individual has 

cashed or deposited the payment, the 

Living Benefit election becomes 

effective and cannot be revoked; 

OFEGLI then sends explanations of 

benefits to the insured’s employing 

office, so it can make the necessary 

changes in withholdings and 

deductions. 

(2) If the application is not approved, 

OFEGLI will notify the insured 

individual and the employing office. 

The decision is not subject to 

administrative review; however, the 

individual may submit additional 

medical information or reapply at a later 

date if future circumstances warrant. 

Subpart L [Removed and Reserved] 

■ 27. Subpart L, consisting of 

§§ 870.1201 through 870.1208, is 

removed and reserved. 

[FR Doc. 2010–24493 Filed 9–30–10; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 77 

[Docket No. APHIS–2010–0097] 

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 

the two zones in Minnesota. We have 

determined that the zone consisting of 

an area in the northwest corner of the 

State meets the criteria for designation 

as a modified accredited advanced zone, 

and the zone comprising the remainder 

of the State meets the criteria for 

designation as an accredited-free zone. 

This action relieves certain restrictions 

on the interstate movement of cattle and 

bison from Minnesota. 

DATES: This interim rule is effective 

October 1, 2010. We will consider all 

comments that we receive on or before 

November 30, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/

component/main?main=DocketDetail&

d=APHIS-2010-0097 to submit or view 

comments and to view supporting and 

related materials available 

electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0097, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2010–0097. 

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: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Alecia Naugle, Coordinator, National 

Tuberculosis Eradication Program, 

Veterinary Services, APHIS, 4700 River 

Road Unit 43, Riverdale, MD 20737; 

(301) 734–6954. 

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 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 60587 

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. In 

addition, the regulations allow that a 

State may request split-State status via 

partitioning into specific geographic 

regions or zones with different 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. 

Requests for Advancement of Modified 

Accredited Advanced Zone and 

Advancement of Modified Accredited 

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 added an area in the 

northwest corner of the State to the list 

of modified accredited zones, and added 

the remainder of the State to the list of 

modified accredited advanced zones. 

The modified accredited zone, which 

was the smaller of the two zones, 

consisted of portions of the Minnesota 

counties of Lake of the Woods, Roseau, 

Marshall, and Beltrami. This action was 

taken after we received from the State of 

Minnesota a request for zone 

classification for tuberculosis and 

conducted a risk assessment and 

program review to evaluate that request. 

We have received from the State of 

Minnesota applications to upgrade the 

designations of both the modified 

accredited advanced and modified 

accredited zones. Based on our review 

of the applications and the findings of 

a review of the tuberculosis eradication 

program in Minnesota conducted in 

November 2009, APHIS has determined 

that both zones meet 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 

it was established in October 2008. 

Therefore, Minnesota has demonstrated 

that the zone within the State 

previously classified as modified 

accredited advanced meets the criteria 

as set forth in the definition of 

accredited-free State or zone in § 77.5 of 

the regulations. 

Similarly, with respect to the current 

modified accredited zone in the 

northwest corner of the State, Minnesota 

has demonstrated that tuberculosis has 

been prevalent in less than 0.01 percent 

of the total number of herds of cattle 

and bison in the zone for the past 2 

years. Therefore, Minnesota has shown 

that the zone within the State 

previously classified as modified 

accredited meets the criteria as set forth 

in the definition of modified accredited 

advanced State or zone in § 77.5 of the 

regulations. 

Based on our evaluation of 

Minnesota’s request in light of the 

criteria set forth in the regulations, we 

are classifying the two zones in 

Minnesota as follows: 

• The modified accredited zone, 

consisting of portions of the Minnesota 

counties of Lake of the Woods, Roseau, 

Marshall, and Beltrami, is removed from 

the list of modified accredited zones in 

§ 77.11(b)(2) and added to the list of 

modified accredited advanced zones in 

§ 77.9(b)(2). A complete description of 

the boundaries of this zone is contained 

in the regulatory text at the end of this 

document. 

• All of the State of Minnesota except 

for the zone described above is removed 

from the list of modified accredited 

advanced zones in § 77.9(b)(2) and 

added to the list of accredited-free zones 

in § 77.7(b) as paragraph (b)(3). 

Immediate Action 

Immediate action is warranted to 

relieve restrictions on the interstate 

movement of cattle and bison from the 

newly classified modified accredited 

advanced zone 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 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. 

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 two zones 

in Minnesota will reduce the interstate 

movement restrictions for cattle and 

bison originating from that State. Herd 

owners will benefit from time savings 

and reduced costs associated with 

tuberculosis testing. However, the cost 

savings will be relatively small; those 

testing costs are small relative to the 

value of the cattle, and relatively few 

producers—less than 1 percent of all 

cattle producers in the State—will be 

affected. Total annual cost savings to 

producers are likely to be under 

$200,000. 

The reclassified accredited free zone 

will include about 99 percent of all 

mstockstill on DSKH9S0YB1PROD with RULES

60588 Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations 

cattle herds in the State. The elevation 

of an area from modified accredited 

advanced to accredited free status 

eliminates all remaining interstate 

movement restrictions for cattle and 

bison originating from this zone. 

The reclassified modified accredited 

advanced zone will include 267 cattle 

herds, 17 of which are dairy herds. The 

elevation to modified accredited 

advanced status from modified 

accredited status removes both 

individual animal and whole herd 

testing requirements for producers 

within this zone. Tuberculosis testing, 

including veterinary fees, costs about 

$10 to $15 per head. Based on statewide estimates of interstate movement, 

annual cost savings associated with 

reduced testing of feeder cattle moving 

out of State from this zone could total 

between $10,000 and $15,000. Annual 

cost savings associated with the removal 

of whole herd testing for non-accredited 

beef herds engaged in interstate 

movement of breeding cattle and for all 

dairy herds in this zone could be 

between about $120,000 and $180,000. 

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 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, a new paragraph (b)(3) is 

added to read as follows: 

§ 77.7 Accredited-free States or zones. 

* * * * * 

(b) * * * 

(3) All of the State of Minnesota 

except for the zones that comprise those 

counties or portions of counties in 

Minnesota described in § 77.9(b)(2). 

* * * * * 

■ 3. In § 77.9, paragraph (b)(2) is revised 

to read as follows: 

§ 77.9 Modified accredited advanced 

States or zones. 

* * * * * 

(b) * * * 

(2) Those portions of the Minnesota 

counties of Lake of the Woods, Roseau, 

Marshall, and Beltrami bounded by a 

line as follows: Beginning in Lake of the 

Woods County at the intersection of the 

U.S./Canadian border and the western 

shoreline of Lake of the Woods; then 

west along the U.S./Canadian border 

(crossing into Roseau County) to Roseau 

County Road 115; then south along 

Roseau County Road 115 to State 

Highway 11; then southwest along State 

Highway 11 to State Highway 32; then 

south along State Highway 32 (crossing 

into Marshall County) to Marshall 

County Road 47/124; then east along 

Marshall County Road 47/124 to 210th 

Avenue Northeast; then south along 

210th Avenue Northeast and southwest 

to where the name changes to 200th 

Avenue Northeast; then south along 

200th Avenue Northeast to County Road 

121; then south along the western 

boundary of Agassiz National Wildlife 

Reserve and along the western boundary 

of the Elm Lake State Wildlife 

Management Area to the southwest 

corner of sec. 21 in T. 155 N., R. 42 W. 

of the Fifth Prime Meridian; then east 

along the southern boundary of secs. 21, 

22, 23, and 24 in T. 155 N., R. 42 W. 

and secs. 19 and 20 in T. 155 N., R. 41 

W.; then south along the western 

boundary of secs. 28 and 33 in T. 155 

N., R. 41 W.; then continuing south 

along Marshall County Road 52 to the 

southern boundary of Marshall County; 

then east along the southern boundary 

of Marshall County to the western 

boundary of Beltrami County (also the 

boundary of the Red Lake Indian 

Reservation); then north along the 

Beltrami County boundary (also the 

boundary of the Red Lake Indian 

Reservation) to the northern boundary 

of the Red Lake Indian Reservation; then 

east along the northern boundary of the 

Red Lake Indian Reservation to the 

southeast corner of sec. 36 in T. 155 N., 

R. 34 W.; then north along the eastern 

boundary of Townships 155, 156, 157 

(crossing into Lake of the Woods 

County), 158, 159, 160, and 161 N., R. 

34 W., to State Highway 11; then 

northwest and north along State 

Highway 11 to County Road 74; then 

east along County Road 74 to Main 

Avenue Northeast; then north along 

Main Avenue Northeast to the northern 

city limits of Warroad; then east along 

the Warroad city limits to the shore of 

Lake of the Woods; then along the shore 

of Lake of the Woods to the point of 

beginning. 

* * * * * 

§ 77.11 [Amended] 

■ 4. Section 77.11 is amended by 

removing and reserving paragraph 

(b)(2). 

Done in Washington, DC, this 27th day of 

September 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–24667 Filed 9–30–10; 8:45 am] 

BILLING CODE 3410–34–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 123 

[SBA–2010–0010] 

RIN 3245–AG00 

Immediate Disaster Assistance 

Program 

AGENCY: Small Business Administration 

(SBA). 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This interim final rule 

implements the provision in the Food, 

Conservation and Energy Act of 2008 

(the Farm Act) which requires SBA to 

establish a guaranteed disaster loan 

program to provide interim loans to 

businesses affected by a disaster. Under 

that authority, this rule establishes the 

Immediate Disaster Assistance Program 

(IDAP), including the requirements for 

carrying out the program. SBA will 

provide an 85 percent guarantee on 

IDAP loans made by participating 

lenders for up to $25,000. These loans 

are intended to provide immediate relief 

to a small business that meets the basic 

eligibility standards for a disaster loan 

authorized under section 7(b) of the 

Small Business Act while the business’ 

mstockstill on DSKH9S0YB1PROD with RULES