[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Rules and Regulations]
[Pages 60586-60588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24667]


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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.

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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:
    <bullet> 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.
    <bullet> 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

[[Page 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 Sec.  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 Sec.  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:
    <bullet> 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 
Sec.  77.11(b)(2) and added to the list of modified accredited advanced 
zones in Sec.  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.
    <bullet> All of the State of Minnesota except for the zone 
described above is removed from the list of modified accredited 
advanced zones in Sec.  77.9(b)(2) and added to the list of accredited-
free zones in Sec.  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

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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 state-wide 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.

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:

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

0
2. In Sec.  77.7, a new paragraph (b)(3) is added to read as follows:


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

0
3. In Sec.  77.9, paragraph (b)(2) is revised to read as follows:


Sec.  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.
* * * * *


Sec.  77.11  [Amended]

0
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]
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