81 FR 52325 - Tuberculosis in Cattle and Bison; State and Zone Designations; California
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 81, Issue 152 (August 8, 2016)
Animal and Plant Health Inspection Service
Federal Register Volume 81, Issue 152 (August 8, 2016)
| Page Range | 52325-52326 | |
| FR Document | 2016-18428 |
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)] [Rules and Regulations] [Pages 52325-52326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18428] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ 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 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations [[Page 52325]] DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 77 [Docket No. APHIS-2016-0052] Tuberculosis in Cattle and Bison; State and Zone Designations; California 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 State of California as accredited-free. We have determined that the State meets the criteria for accredited-free status. This action relieves certain restrictions on the interstate movement of cattle and bison from the State of California. DATES: This interim rule is effective August 8, 2016. We will consider all comments that we receive on or before October 7, 2016. ADDRESSES: You may submit comments by either of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0052. Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2016-0052, 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-2016- 0052 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) 799-7039 before coming. FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Cattle Health Center Staff Veterinarian, Surveillance, Preparedness and Response Services, Veterinary Services, APHIS, 2150 Centre Avenue, Fort Collins, CO 80526-8117; (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 Status In an interim rule effective and published in the Federal Register on September 18, 2008 (73 FR 54063-54065, Docket No. APHIS-2008-0067), we amended the tuberculosis regulations for cattle and bison by removing the State of California from the list of accredited-free States for bovine tuberculosis and reclassified the State as modified accredited advanced. Because two affected cattle herds had been detected in California since November 2007, the State no longer met our requirements for accredited-free status. That action was necessary to reduce the likelihood of the spread of bovine tuberculosis within the United States. As a result of that action, cattle or bison moved interstate from anywhere in California have had to meet the testing requirements that apply to animals from modified accredited advanced States or zones. The State of California has requested that the State be reclassified from modified accredited advanced to accredited-free. Based on the findings of a review of the tuberculosis eradication program in California conducted during the week of April 18 to 22, 2016, APHIS has determined that the State meets the criteria for advancement of status contained in the regulations. State animal health officials in California have demonstrated that the State enforces and complies with the provisions of the UMR. The State of California has demonstrated that it 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 State since the last affected herd completed a test-and-remove herd plan and was released from quarantine in July 2014. Therefore, [[Page 52326]] California has demonstrated that the State 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 California's request, we are classifying the entire State of California as accredited-free. Immediate Action Immediate action is warranted to relieve restrictions on the interstate movement of cattle and bison from the State of California. 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. Tuberculosis testing, including veterinary fees, costs approximately $10 to $15 per head. Approximately 100,000 tuberculosis tests were conducted in California in 2015, to meet the import requirements imposed by other States. Based on this information, the annual cost savings associated with advancing the tuberculosis status of California from modified accredited advanced to accredited-free will range from $1 million to $1.5 million. We note that Federal interstate movement testing requirements for modified accredited advanced States were suspended by a Federal Order issued in April 2010. The $1 million to $1.5 million in savings that will be realized represents less than 0.02 percent of the approximately $10 billion earned from California's cattle and milk sales. Entities that may be affected by the interim rule fall into various categories of the North American Industry Classification System. The majority of the affected businesses are small entities. 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 2 CFR chapter IV.) 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. 77.7 [Amended] 0 2. In Sec. 77.7, paragraph (a) is amended by adding the word ``California,'' after the word ``Arkansas,''. 77.9 [Amended] 0 3. In Sec. 77.9, paragraph (a) is amended by removing the word ``California'' and adding the word ``None'' in its place. Done in Washington, DC, this 29th day of July 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016-18428 Filed 8-5-16; 8:45 am] BILLING CODE 3410-34-P
![52325
Rules and Regulations Federal Register
Vol. 81, No. 152
Monday, August 8, 2016
This section of the FEDERAL REGISTER reading room hours are 8 a.m. to 4:30 cattle and bison, the effectiveness of the
contains regulatory documents having general p.m., Monday through Friday, except State’s tuberculosis eradication
applicability and legal effect, most of which holidays. To be sure someone is there to program, and the degree of the State’s
are keyed to and codified in the Code of help you, please call (202) 799–7039 compliance with standards for cattle
Federal Regulations, which is published under before coming. and bison contained in the UMR. The
50 titles pursuant to 44 U.S.C. 1510.
FOR FURTHER INFORMATION CONTACT: Dr. regulations provide that a State may
The Code of Federal Regulations is sold by C. William Hench, Cattle Health Center request partitioning into specific
the Superintendent of Documents. Prices of Staff Veterinarian, Surveillance, geographic regions or zones with
new books are listed in the first FEDERAL Preparedness and Response Services, different status designations (commonly
REGISTER issue of each week. Veterinary Services, APHIS, 2150 Centre referred to as split-State status) if bovine
Avenue, Fort Collins, CO 80526–8117; tuberculosis is detected in a portion of
(970) 494–7378. a State and the State demonstrates that
DEPARTMENT OF AGRICULTURE it meets certain criteria with regard to
SUPPLEMENTARY INFORMATION:
zone classification.
Animal and Plant Health Inspection Background
Service Request for Advancement of Modified
Bovine tuberculosis is a contagious Accredited Advanced Status
9 CFR Part 77 and infectious granulomatous disease
caused by the bacterium Mycobacterium In an interim rule effective and
[Docket No. APHIS–2016–0052] bovis. Although commonly defined as a published in the Federal Register on
chronic debilitating disease, bovine September 18, 2008 (73 FR 54063–
Tuberculosis in Cattle and Bison; State tuberculosis can occasionally assume an 54065, Docket No. APHIS–2008–0067),
and Zone Designations; California acute, rapidly progressive course. While we amended the tuberculosis
any body tissue can be affected, lesions regulations for cattle and bison by
AGENCY: Animal and Plant Health
are most frequently observed in the removing the State of California from
Inspection Service, USDA.
lymph nodes, lungs, intestines, liver, the list of accredited-free States for
ACTION: Interim rule and request for bovine tuberculosis and reclassified the
spleen, pleura, and peritoneum.
comments. State as modified accredited advanced.
Although cattle are considered to be the
true hosts of M. bovis, the disease has Because two affected cattle herds had
SUMMARY: We are amending the bovine
been reported in several other species of been detected in California since
tuberculosis regulations regarding State
both domestic and nondomestic November 2007, the State no longer met
and zone classifications by reclassifying
animals, as well as in humans. our requirements for accredited-free
the State of California as accredited-free.
At the beginning of the past century, status. That action was necessary to
We have determined that the State
tuberculosis caused more losses of reduce the likelihood of the spread of
meets the criteria for accredited-free
livestock than all other livestock bovine tuberculosis within the United
status. This action relieves certain
diseases combined. This prompted the States. As a result of that action, cattle
restrictions on the interstate movement
establishment in the United States of the or bison moved interstate from
of cattle and bison from the State of
National Cooperative State/Federal anywhere in California have had to meet
California.
Bovine Tuberculosis Eradication the testing requirements that apply to
DATES: This interim rule is effective Program for tuberculosis in livestock. animals from modified accredited
August 8, 2016. We will consider all In carrying out the national advanced States or zones.
comments that we receive on or before eradication program, the Animal and The State of California has requested
October 7, 2016. Plant Health Inspection Service (APHIS) that the State be reclassified from
ADDRESSES: You may submit comments issues and enforces regulations. The modified accredited advanced to
by either of the following methods: regulations require the testing of cattle accredited-free. Based on the findings of
• Federal eRulemaking Portal: Go to and bison for tuberculosis, define the a review of the tuberculosis eradication
http://www.regulations.gov/ Federal tuberculosis status levels for program in California conducted during
#!docketDetail;D=APHIS-2016-0052. States or zones (accredited-free, the week of April 18 to 22, 2016, APHIS
• Postal Mail/Commercial Delivery: modified accredited advanced, modified has determined that the State meets the
Send your comment to Docket No. accredited, accreditation preparatory, criteria for advancement of status
APHIS–2016–0052, Regulatory Analysis and nonaccredited), provide the criteria contained in the regulations.
and Development, PPD, APHIS, Station for attaining and maintaining those State animal health officials in
3A–03.8, 4700 River Road Unit 118, status levels, and contain testing and California have demonstrated that the
Riverdale, MD 20737–1238. movement requirements for cattle and State enforces and complies with the
Supporting documents and any bison leaving States or zones of a provisions of the UMR. The State of
comments we receive on this docket particular status level. These regulations California has demonstrated that it has
may be viewed at http:// zero percent prevalence of cattle and
rmajette on DSK2TPTVN1PROD with RULES
are contained in 9 CFR part 77 and in
www.regulations.gov/ the Bovine Tuberculosis Eradication bison herds affected with tuberculosis
#!docketDetail;D=APHIS-2016-0052 or Uniform Methods and Rules, 1999 and has had no findings of tuberculosis
in our reading room, which is located in (UMR), which is incorporated by in any cattle or bison in the State since
Room 1141 of the USDA South reference into the regulations. the last affected herd completed a test-
Building, 14th Street and Independence The status of a State or zone is based and-remove herd plan and was released
Avenue SW., Washington, DC. Normal on its prevalence of tuberculosis in from quarantine in July 2014. Therefore,
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![52326 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations
California has demonstrated that the 0.02 percent of the approximately $10 Done in Washington, DC, this 29th day of
State meets the criteria for accredited- billion earned from California’s cattle July 2016.
free status as set forth in the definition and milk sales. Kevin Shea,
of accredited-free State or zone in § 77.5 Entities that may be affected by the Administrator, Animal and Plant Health
of the regulations. interim rule fall into various categories Inspection Service.
Based on our evaluation of of the North American Industry [FR Doc. 2016–18428 Filed 8–5–16; 8:45 am]
California’s request, we are classifying Classification System. The majority of BILLING CODE 3410–34–P
the entire State of California as
the affected businesses are small
accredited-free.
entities.
Immediate Action Under these circumstances, the DEPARTMENT OF COMMERCE
Immediate action is warranted to Administrator of the Animal and Plant
relieve restrictions on the interstate Health Inspection Service has Bureau of Industry and Security
movement of cattle and bison from the determined that this action will not
State of California. Under these have a significant economic impact on 15 CFR Part 774
circumstances, the Administrator has a substantial number of small entities.
[Docket No. 160303184–6184–01]
determined that prior notice and
Executive Order 12372
opportunity for public comment are RIN 0694–AG90
contrary to the public interest and that This program/activity is listed in the
there is good cause under 5 U.S.C. 553 Catalog of Federal Domestic Assistance Amendment to the Export
for making this action effective less than under No. 10.025 and is subject to Administration Regulations To Add
30 days after publication in the Federal Executive Order 12372, which requires Targets for the Production of Tritium
Register. intergovernmental consultation with and Related Development and
We will consider comments we State and local officials. (See 2 CFR Production Technology to the List of
receive during the comment period for chapter IV.) 0Y521 Series
this interim rule (see DATES above).
After the comment period closes, we Executive Order 12988 AGENCY: Bureau of Industry and
will publish another document in the Security, Commerce.
Federal Register. The document will This rule has been reviewed under ACTION: Interim final rule with request
include a discussion of any comments Executive Order 12988, Civil Justice for comments.
we receive and any amendments we are Reform. This rule has no retroactive
making to the rule. effect and does not require SUMMARY: In this interim final rule, the
administrative proceedings before Bureau of Industry and Security (BIS)
Executive Order 12866 and Regulatory parties may file suit in court challenging amends the Export Administration
Flexibility Act this rule. Regulations (EAR) to make certain items
This interim rule is subject to subject to the EAR and to impose on
Paperwork Reduction Act
Executive Order 12866. However, for those items a license requirement for
this action, the Office of Management This rule contains no new export and reexport to all destinations,
and Budget has waived its review under information collection or recordkeeping except Canada. Specifically, this rule
Executive Order 12866. requirements under the Paperwork classifies certain specified targets
In accordance with the Regulatory Reduction Act of 1995 (44 U.S.C. 3501 ‘‘specially designed’’ for the production
Flexibility Act, we have analyzed the et seq.). of tritium and related ‘‘development’’
potential economic effects of this action and ‘‘production’’ technology under
on small entities. The analysis is List of Subjects in 9 CFR Part 77 Export Control Classification Numbers
summarized below. The full analysis (ECCNs) 0A521 and 0E521, respectively,
Animal diseases, Bison, Cattle,
may be viewed on the Regulations.gov on the Commerce Control List (CCL). As
Reporting and recordkeeping
Web site (see ADDRESSES above for described in the final rule that
requirements, Transportation,
instructions for accessing established the 0Y521 series and that
Tuberculosis.
Regulations.gov) or obtained from the was published in the Federal Register
person listed under FOR FURTHER Accordingly, we are amending 9 CFR on April 13, 2012, items are added to
INFORMATION CONTACT. part 77 as follows: the 0Y521 series upon a determination
Tuberculosis testing, including by the Department of Commerce, with
veterinary fees, costs approximately $10 PART 77—TUBERCULOSIS the concurrence of the Departments of
to $15 per head. Approximately 100,000 Defense and State, and other agencies as
tuberculosis tests were conducted in ■ 1. The authority citation for part 77 appropriate, that the items should be
California in 2015, to meet the import continues to read as follows: controlled for export because the items
requirements imposed by other States. Authority: 7 U.S.C. 8301–8317; 7 CFR provide at least a significant military or
Based on this information, the annual 2.22, 2.80, and 371.4. intelligence advantage to the United
cost savings associated with advancing States or foreign policy reasons justify
the tuberculosis status of California 77.7 [Amended] control. In this matter, the Department
from modified accredited advanced to of Energy also concurred in the control
accredited-free will range from $1 ■ 2. In § 77.7, paragraph (a) is amended imposed. The items identified in this
million to $1.5 million. We note that by adding the word ‘‘California,’’ after rule are controlled for regional stability
rmajette on DSK2TPTVN1PROD with RULES
Federal interstate movement testing the word ‘‘Arkansas,’’. (RS) Column 1 reasons. The only license
requirements for modified accredited 77.9 [Amended] exception available for these items is for
advanced States were suspended by a exports, reexports, and transfers (in-
Federal Order issued in April 2010. The ■ 3. In § 77.9, paragraph (a) is amended country) made by or consigned to a
$1 million to $1.5 million in savings by removing the word ‘‘California’’ and department or agency of the U.S.
that will be realized represents less than adding the word ‘‘None’’ in its place. Government.
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Document Created: 2016-08-06 03:08:05
Document Modified: 2016-08-06 03:08:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim rule and request for comments. | |
| Dates | This interim rule is effective August 8, 2016. We will consider all comments that we receive on or before October 7, 2016. | |
| Contact | Dr. C. William Hench, Cattle Health Center Staff Veterinarian, Surveillance, Preparedness and Response Services, Veterinary Services, APHIS, 2150 Centre Avenue, Fort Collins, CO 80526-8117; (970) 494-7378. | |
| FR Citation | 81 FR 52325 | |
| CFR Associated | Animal Diseases; Bison; Cattle; Reporting and Recordkeeping Requirements; Transportation and Tuberculosis |
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