Tuberculosis in Cattle and Bison; State and Zone Designations; Minnesota, 60099-60102 [E8-24223]
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 77
[Docket No. APHIS–2008–0117]
Tuberculosis in Cattle and Bison; State
and Zone Designations; Minnesota
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
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AGENCY:
SUMMARY: We are amending the
regulations to recognize Minnesota for
split-State status for tuberculosis. The
entire State of Minnesota has been
classified as modified accredited;
however, all its affected herds are
located in portions of four counties in
the northwest corner of the State. We
have determined that Minnesota meets
our requirements for zone classification.
Therefore, we are removing Minnesota
from the list of modified accredited
States, adding an area in the northwest
corner to the list of modified accredited
zones, and adding the remainder of the
State to the list of modified accredited
advanced zones. This action relieves
restrictions on the interstate movement
of cattle and bison from areas of
Minnesota other than the modified
accredited zone in the northwest corner.
DATES: This interim rule is effective
October 10, 2008. We will consider all
comments that we receive on or before
December 9, 2008.
Compliance Date: The date for
complying with the identification
requirements for sexually intact heifers
moving from the modified accredited
advanced zone in Minnesota to
approved feedlots and for steers and
spayed heifers moving from the
modified accredited advanced zone in
Minnesota to any destination (9 CFR
77.10(b)), and for complying with the
identification and certification
requirements for sexually intact heifers
moving from the modified accredited
advanced zone in Minnesota to
unapproved feedlots (9 CFR 77.10(d)), is
delayed until further notice. The
compliance date for all other provisions
in 9 CFR part 77 applicable to the
interstate movement of cattle and bison
from the State of Minnesota is October
10, 2008.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/main?main=DocketDetail&
d=APHIS-2008-0117 to submit or view
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17:42 Oct 09, 2008
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comments and to view supporting and
related materials available
electronically.
• Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS–2008–0117,
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–
2008–0117.
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
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
C. William Hench, Senior Staff
Veterinarian, National Tuberculosis
Eradication Program, Veterinary
Services, APHIS, 2150 Centre Ave.,
Bldg. B, MSC 3E20, Ft. Collins, CO
80526; (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
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60099
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,
which is incorporated by reference into
the regulations.
Conditions for Zone Classification
Under §§ 77.3 and 77.4 of the
regulations, in order to qualify for zone
classification by APHIS, a 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
classification 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
the infrastructure, laws, and regulations
to 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
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.
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations
Request for Zone Classification in
Minnesota
The regulations in § 77.5 define a
modified accredited advanced State or
zone as a State or zone in which
tuberculosis has been prevalent in less
than 0.01 percent of the total number of
herds of cattle and bison in the State or
zone for each of the most recent 2 years.
That definition does provide, however,
that a State or zone with fewer than
30,000 herds may have up to 3 affected
herds for each of the most recent 2
years, depending on the veterinary
infrastructure, livestock demographics,
and tuberculosis control and eradication
measures in the State or zone.
The regulations define a modified
accredited State or zone as a State or
zone in which tuberculosis has been
prevalent in less than 0.1 percent of the
total number of herds of cattle and bison
in the State or zone for the most recent
year. That definition does provide,
however, that a State or zone with fewer
than 10,000 herds may have up to 10
affected herds for the most recent year,
depending on the veterinary
infrastructure, livestock demographics,
and tuberculosis control and eradication
measures in the State or zone.
In an interim rule effective and
published in the Federal Register on
April 9, 2008 (73 FR 19139–19142,
Docket No. APHIS–2008–0037), we
amended the tuberculosis regulations by
removing Minnesota from the list of
modified accredited advanced States
and adding it to the list of modified
accredited States. This action was taken
after four affected herds were found in
Minnesota within a 5-month period. All
of the affected herds were located in
portions of four counties in the
northwest corner of Minnesota. No
tuberculosis-affected herds were found
in the remainder of the State.
We have received from the State of
Minnesota a request for zone
classification for tuberculosis and have
conducted a risk assessment to evaluate
that request. Our risk assessment,
entitled ‘‘Assessment of Risk Associated
with the Minnesota Proposed Plan for
Split-State Status for Mycobacterium
bovis (Bovine Tuberculosis),’’ is
available for public review and
comment in conjunction with this
interim rule.
The risk assessment may be viewed
on the Regulations.gov Web site or in
our reading room (see ADDRESSES above
for a link to Regulations.gov and
information on the location and hours of
the reading room). You may request
paper copies of the risk assessment by
calling or writing to the person listed
under FOR FURTHER INFORMATION
CONTACT. Please refer to the title of the
risk assessment when requesting copies.
Based on the risk assessment, we have
concluded that Minnesota meets the
requirements listed above for zone
classification and that, except for the
area in the northwest corner of the State
where the affected herds were found,
Minnesota now meets the criteria for
modified accredited advanced
tuberculosis status. Therefore, we are
classifying two zones in Minnesota as
follows:
• The modified accredited zone,
which is the smaller of the two, consists
of portions of the Minnesota Counties of
Lake of the Woods, Roseau, Marshall,
and Beltrami. A complete description of
the boundaries of this zone is contained
in the rule text at the end of this
document.
• The modified accredited advanced
zone consists of the rest of the State of
Minnesota.
1 2007 Minnesota Agricultural Statistics, U.S.
Department of Agriculture (USDA)/National
Agricultural Statistics Service (NASS), Minnesota
Department of Agriculture.
2 USDA/Economic Research Service Farm
Income: Annual Cash Receipts, 1924–2006; Table
5—Cash Receipts, by commodity groups and
selected commodities, Minnesota, 2000–2006.
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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.
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This interim rule removes Minnesota
from the list of modified accredited
States, adds an area in the northwest
corner to the list of modified accredited
zones, and adds the remainder of the
State to the list of modified accredited
advanced zones. This action relieves
restrictions on the interstate movement
of cattle and bison from areas of
Minnesota other than the modified
accredited zone in the northwest corner.
Entities that will be directly affected
by this interim rule are Minnesota beef
and dairy farms that engage in interstate
movement of certain types of cattle.
Operations in the modified accredited
advanced zone will benefit from
reduced costs associated with
tuberculosis testing.
The cattle industry plays an important
role in Minnesota’s economy. There
were 25,000 cattle and calf operations in
Minnesota in 2006 with a total
inventory of 2.4 million head. About
24,700 of these cattle operations,
accounting for more than 99 percent of
the State’s cattle, are located in the
modified accredited advanced zone.1
State-wide cash receipts from cattle and
calves and dairy products totaled $926
million and $1.074 billion, respectively,
in 2006. Seven-year average (2000–
2006) cash receipts for cattle and calves
and dairy products were $944 million
and $1.2 billion, respectively.2
The Regulatory Flexibility Act
requires that agencies specifically
consider the economic impact of their
rules on small entities. The Small
Business Administration (SBA) has
established guidelines for determining
which businesses are considered small.
According to SBA size standards for
beef cattle ranching and farming (North
American Industry Classification
System (NAICS) 112111) and for dairy
cattle and milk production (NAICS
112120), operations with not more than
$750,000 in annual sales are considered
small entities. In 2002, more than 95
percent of cattle and calf farms
generated less than $500,000 in cash
receipts, and about 1.4 percent
generated $1 million or more. More than
93 percent of dairy farms generated less
than $500,000 in cash receipts, and
about 2 percent generated $1 million or
more.3 Clearly, the majority of
Minnesota’s cattle operations are small
entities. The composition of
Minnesota’s cattle inventory is shown in
table 1.
3 2002
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Census of Agriculture. NASS, USDA.
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations
60101
TABLE 1—MINNESOTA CATTLE INVENTORY, JANUARY 1, 2006
Type
Number
Percentage of
total
Beef cows ........................................................................................................................................................
Milk cows .........................................................................................................................................................
Heifers
Beef cow replacements ............................................................................................................................
Milk cow replacements .............................................................................................................................
Other heifers .............................................................................................................................................
390,000
445,000
16.6
18.9
95,000
265,000
170,000
4.0
11.3
7.2
Total heifers .......................................................................................................................................
530,000
22.6
Steers ...............................................................................................................................................................
Bulls .................................................................................................................................................................
Calves ..............................................................................................................................................................
450,000
35,000
500,000
19.2
1.5
21.3
Total ...................................................................................................................................................
2,350,000
............................
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Source: NASS, USDA.
Minnesota is currently listed as a
modified accredited State. This rule
reclassifies nearly all of the State as
modified accredited advanced. The
reclassification of a zone to modified
accredited advanced status from
modified accredited status removes
certain restrictions on the interstate
movement of feeding and breeding
cattle. The modified accredited zone
restrictions include a negative
tuberculosis test within 60 days of the
interstate movement of steers and
spayed heifers that are being moved not
directly to slaughter, but rather for
feeding purposes. The modified
accredited zone restrictions also include
a negative whole herd test within 1 year
of the interstate movement of sexually
intact cattle from a herd without
accredited status, that is, animals being
moved for breeding purposes from
nonaccredited herds. In addition, dairy
herds in a modified accredited
advanced zone are not required to have
an annual whole herd test in order to
comply with the Pasteurized Milk
Ordinance (PMO),4 whereas a whole
herd test is required of dairy herds in a
modified accredited zone.
A negative tuberculosis test within 60
days of interstate movement of feeding
cattle will no longer be needed for herds
in the modified accredited advanced
zone. Tuberculosis testing, including
veterinary fees, costs about $10 to $15
per head.5 The Minnesota Board of
Animal Health tracks the number of
feeding animals moved interstate from
Minnesota, as documented on export
certificates. In 2007, more than 150,000
head of feeding cattle were moved out
of Minnesota. Because the reclassified
zone includes about 99 percent of all
4 U.S. Food and Drug Administration, Center for
Food Safety and Applied Nutrition.
5 USDA/APHIS/Veterinary Services, personal
communication.
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cattle in the State, the vast majority of
the feeding animals moving out of
Minnesota will likely move from the
zone reclassified to modified accredited
advanced status by this rule and will no
longer require a negative tuberculosis
test within 60 days of movement. Based
on the above range in testing costs per
animal, we expect annual cost savings
associated with reduced testing of
feeder cattle moving out of the State to
total between $1.5 million and $2.25
million. The more a herd owner in the
modified accredited advanced zone
engages in the interstate movement of
feeding cattle, the greater will be the
savings associated with the reduction in
movement restrictions.
Owners of nonaccredited herds in the
modified accredited advanced zone
engaged in interstate movement of
breeding cattle also will benefit from
reduced costs associated with
tuberculosis testing. A negative whole
herd test within 1 year of the interstate
movement of intact cattle from a herd
without accredited status will no longer
be needed for herds in the modified
accredited advanced zone. In addition,
the annual whole herd test for dairies
required under the PMO for herds in a
modified accredited zone is not required
for herds in a modified accredited
advanced zone.
A whole herd test requires the testing
of all animals in a herd that are 12
months of age or older at the time of the
test. In January 2006, there were 870,000
beef and milk cows that had calved and
bulls on 25,000 farms in Minnesota. If
we assume that these categories of cattle
comprise all of the whole herd test
animals, then there were, on average, 35
cattle per herd tested under the
modified accredited requirements.
Annual whole herd testing costs
averaged between $350 and $525 per
herd, based on tuberculosis testing costs
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of $10 to $15 per head. These cost
estimates per herd may be high because
the cost of whole herd testing on a peranimal basis is generally less than the
cost of testing animals individually.
The State of Minnesota has estimated
that there are 5,381 commercial dairies
operating in the modified accredited
advanced zone. These dairies will no
longer be required to perform an annual
whole herd test under the PMO.
Beef or mixed herd enterprises in the
modified accredited advanced zone that
engage in the interstate movement of
intact cattle will not be required to have
a whole herd test performed in the 1
year prior to that movement. The
Minnesota Board of Animal Health
tracks the number of breeding animals
moved interstate from Minnesota, as
documented on export certificates. In
2007, about 61,000 breeding animals
moved out of Minnesota. There are
fewer than 30 accredited herds in
Minnesota. Therefore, most breeding
animals moving out of Minnesota are
from nonaccredited herds that under
modified accredited status require a
whole herd test.
All cattle enterprises in the modified
accredited advanced zone that move
breeding animals out of Minnesota or
that operate as dairies will no longer
need to perform a whole herd test on an
annual basis. Based on the above
estimate of the average cost of a whole
herd test, and assuming that all
Minnesota herds in the modified
accredited advanced zone will be
affected, the annual cost savings
associated with the removal of the
whole herd testing requirement could
total between $8.65 million (24,700
herds, multiplied by $350 per herd) and
$12.97 million (24,700 herds, multiplied
by $525 per herd).
The overwhelming majority of cattle
herds in the State will see a reduction
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations
in pre-movement tuberculosis testing
requirements as a result of this interim
rule, and will therefore benefit from
reduced costs associated with that
tuberculosis testing. However,
tuberculosis testing costs are very small
when compared to value of the cattle
tested, and the expected savings,
therefore, are also relatively small. On
January 1, 2007, beef cattle in Minnesota
had an average per animal value of
$960.6 The average value of dairy cattle
is considerably higher, given the value
of milk produced. The savings in
tuberculosis testing costs represent no
more than about 1.6 percent of the
average per-head value of beef cattle
($15/$960) and an even smaller
percentage of the average value of dairy
cattle.
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:
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PART 77—TUBERCULOSIS
1. The authority citation for part 77
continues to read as follows:
■
6 Meat Animals Production, Distribution and
Income 2007 Summary. April 2008. Agricultural
Statistics Board. NASS, USDA.
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17:42 Oct 09, 2008
Jkt 217001
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
2. In § 77.9, paragraph (b) is revised to
read as follows:
■
§ 77.9 Modified accredited advanced
States or zones.
*
*
*
*
*
(b) 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)(1); and all of
the State of Minnesota except for the
zones that comprise those counties or
portions of counties in Minnesota
described in § 77.11(b)(2).
*
*
*
*
*
■ 3. In § 77.11, paragraphs (a) and (b) are
revised to read as follows:
§ 77.11
zones.
Modified accredited States or
(a) The following are modified
accredited States: None.
(b) The following are modified
accredited zones:
(1) A zone in Michigan that 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.
(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.
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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.
*
*
*
*
*
Done in Washington, DC, this 7th day of
October 2008.
Cindy Smith,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. E8–24223 Filed 10–9–08; 8:45 am]
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Federal Aviation
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ACTION: Final rule; request for
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Agencies
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Rules and Regulations]
[Pages 60099-60102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24223]
[[Page 60099]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. APHIS-2008-0117]
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 regulations to recognize Minnesota for
split-State status for tuberculosis. The entire State of Minnesota has
been classified as modified accredited; however, all its affected herds
are located in portions of four counties in the northwest corner of the
State. We have determined that Minnesota meets our requirements for
zone classification. Therefore, we are removing Minnesota from the list
of modified accredited States, adding an area in the northwest corner
to the list of modified accredited zones, and adding the remainder of
the State to the list of modified accredited advanced zones. This
action relieves restrictions on the interstate movement of cattle and
bison from areas of Minnesota other than the modified accredited zone
in the northwest corner.
DATES: This interim rule is effective October 10, 2008. We will
consider all comments that we receive on or before December 9, 2008.
Compliance Date: The date for complying with the identification
requirements for sexually intact heifers moving from the modified
accredited advanced zone in Minnesota to approved feedlots and for
steers and spayed heifers moving from the modified accredited advanced
zone in Minnesota to any destination (9 CFR 77.10(b)), and for
complying with the identification and certification requirements for
sexually intact heifers moving from the modified accredited advanced
zone in Minnesota to unapproved feedlots (9 CFR 77.10(d)), is delayed
until further notice. The compliance date for all other provisions in 9
CFR part 77 applicable to the interstate movement of cattle and bison
from the State of Minnesota is October 10, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0117 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0117, 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-2008-0117.
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 https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Senior Staff
Veterinarian, National Tuberculosis Eradication Program, Veterinary
Services, APHIS, 2150 Centre Ave., Bldg. B, MSC 3E20, Ft. Collins, CO
80526; (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, which is incorporated by
reference into the regulations.
Conditions for Zone Classification
Under Sec. Sec. 77.3 and 77.4 of the regulations, in order to
qualify for zone classification by APHIS, a 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 classification 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 the infrastructure,
laws, and regulations to 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 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.
[[Page 60100]]
Request for Zone Classification in Minnesota
The regulations in Sec. 77.5 define a modified accredited advanced
State or zone as a State or zone in which tuberculosis has been
prevalent in less than 0.01 percent of the total number of herds of
cattle and bison in the State or zone for each of the most recent 2
years. That definition does provide, however, that a State or zone with
fewer than 30,000 herds may have up to 3 affected herds for each of the
most recent 2 years, depending on the veterinary infrastructure,
livestock demographics, and tuberculosis control and eradication
measures in the State or zone.
The regulations define a modified accredited State or zone as a
State or zone in which tuberculosis has been prevalent in less than 0.1
percent of the total number of herds of cattle and bison in the State
or zone for the most recent year. That definition does provide,
however, that a State or zone with fewer than 10,000 herds may have up
to 10 affected herds for the most recent year, depending on the
veterinary infrastructure, livestock demographics, and tuberculosis
control and eradication measures in the State or zone.
In an interim rule effective and published in the Federal Register
on April 9, 2008 (73 FR 19139-19142, Docket No. APHIS-2008-0037), we
amended the tuberculosis regulations by removing Minnesota from the
list of modified accredited advanced States and adding it to the list
of modified accredited States. This action was taken after four
affected herds were found in Minnesota within a 5-month period. All of
the affected herds were located in portions of four counties in the
northwest corner of Minnesota. No tuberculosis-affected herds were
found in the remainder of the State.
We have received from the State of Minnesota a request for zone
classification for tuberculosis and have conducted a risk assessment to
evaluate that request. Our risk assessment, entitled ``Assessment of
Risk Associated with the Minnesota Proposed Plan for Split-State Status
for Mycobacterium bovis (Bovine Tuberculosis),'' is available for
public review and comment in conjunction with this interim rule.
The risk assessment may be viewed on the Regulations.gov Web site
or in our reading room (see ADDRESSES above for a link to
Regulations.gov and information on the location and hours of the
reading room). You may request paper copies of the risk assessment by
calling or writing to the person listed under FOR FURTHER INFORMATION
CONTACT. Please refer to the title of the risk assessment when
requesting copies.
Based on the risk assessment, we have concluded that Minnesota
meets the requirements listed above for zone classification and that,
except for the area in the northwest corner of the State where the
affected herds were found, Minnesota now meets the criteria for
modified accredited advanced tuberculosis status. Therefore, we are
classifying two zones in Minnesota as follows:
The modified accredited zone, which is the smaller of the
two, consists of portions of the Minnesota Counties of Lake of the
Woods, Roseau, Marshall, and Beltrami. A complete description of the
boundaries of this zone is contained in the rule text at the end of
this document.
The modified accredited advanced zone consists of the rest
of the State of Minnesota.
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.
This interim rule removes Minnesota from the list of modified
accredited States, adds an area in the northwest corner to the list of
modified accredited zones, and adds the remainder of the State to the
list of modified accredited advanced zones. This action relieves
restrictions on the interstate movement of cattle and bison from areas
of Minnesota other than the modified accredited zone in the northwest
corner.
Entities that will be directly affected by this interim rule are
Minnesota beef and dairy farms that engage in interstate movement of
certain types of cattle. Operations in the modified accredited advanced
zone will benefit from reduced costs associated with tuberculosis
testing.
The cattle industry plays an important role in Minnesota's economy.
There were 25,000 cattle and calf operations in Minnesota in 2006 with
a total inventory of 2.4 million head. About 24,700 of these cattle
operations, accounting for more than 99 percent of the State's cattle,
are located in the modified accredited advanced zone.\1\ State-wide
cash receipts from cattle and calves and dairy products totaled $926
million and $1.074 billion, respectively, in 2006. Seven-year average
(2000-2006) cash receipts for cattle and calves and dairy products were
$944 million and $1.2 billion, respectively.\2\
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\1\ 2007 Minnesota Agricultural Statistics, U.S. Department of
Agriculture (USDA)/National Agricultural Statistics Service (NASS),
Minnesota Department of Agriculture.
\2\ USDA/Economic Research Service Farm Income: Annual Cash
Receipts, 1924-2006; Table 5--Cash Receipts, by commodity groups and
selected commodities, Minnesota, 2000-2006.
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The Regulatory Flexibility Act requires that agencies specifically
consider the economic impact of their rules on small entities. The
Small Business Administration (SBA) has established guidelines for
determining which businesses are considered small. According to SBA
size standards for beef cattle ranching and farming (North American
Industry Classification System (NAICS) 112111) and for dairy cattle and
milk production (NAICS 112120), operations with not more than $750,000
in annual sales are considered small entities. In 2002, more than 95
percent of cattle and calf farms generated less than $500,000 in cash
receipts, and about 1.4 percent generated $1 million or more. More than
93 percent of dairy farms generated less than $500,000 in cash
receipts, and about 2 percent generated $1 million or more.\3\ Clearly,
the majority of Minnesota's cattle operations are small entities. The
composition of Minnesota's cattle inventory is shown in table 1.
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\3\ 2002 Census of Agriculture. NASS, USDA.
[[Page 60101]]
Table 1--Minnesota Cattle Inventory, January 1, 2006
------------------------------------------------------------------------
Percentage of
Type Number total
------------------------------------------------------------------------
Beef cows........................... 390,000 16.6
Milk cows........................... 445,000 18.9
Heifers
Beef cow replacements........... 95,000 4.0
Milk cow replacements........... 265,000 11.3
Other heifers................... 170,000 7.2
-----------------------------------
Total heifers............... 530,000 22.6
-----------------------------------
Steers.............................. 450,000 19.2
Bulls............................... 35,000 1.5
Calves.............................. 500,000 21.3
-----------------------------------
Total....................... 2,350,000 ................
------------------------------------------------------------------------
Source: NASS, USDA.
Minnesota is currently listed as a modified accredited State. This
rule reclassifies nearly all of the State as modified accredited
advanced. The reclassification of a zone to modified accredited
advanced status from modified accredited status removes certain
restrictions on the interstate movement of feeding and breeding cattle.
The modified accredited zone restrictions include a negative
tuberculosis test within 60 days of the interstate movement of steers
and spayed heifers that are being moved not directly to slaughter, but
rather for feeding purposes. The modified accredited zone restrictions
also include a negative whole herd test within 1 year of the interstate
movement of sexually intact cattle from a herd without accredited
status, that is, animals being moved for breeding purposes from
nonaccredited herds. In addition, dairy herds in a modified accredited
advanced zone are not required to have an annual whole herd test in
order to comply with the Pasteurized Milk Ordinance (PMO),\4\ whereas a
whole herd test is required of dairy herds in a modified accredited
zone.
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\4\ U.S. Food and Drug Administration, Center for Food Safety
and Applied Nutrition.
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A negative tuberculosis test within 60 days of interstate movement
of feeding cattle will no longer be needed for herds in the modified
accredited advanced zone. Tuberculosis testing, including veterinary
fees, costs about $10 to $15 per head.\5\ The Minnesota Board of Animal
Health tracks the number of feeding animals moved interstate from
Minnesota, as documented on export certificates. In 2007, more than
150,000 head of feeding cattle were moved out of Minnesota. Because the
reclassified zone includes about 99 percent of all cattle in the State,
the vast majority of the feeding animals moving out of Minnesota will
likely move from the zone reclassified to modified accredited advanced
status by this rule and will no longer require a negative tuberculosis
test within 60 days of movement. Based on the above range in testing
costs per animal, we expect annual cost savings associated with reduced
testing of feeder cattle moving out of the State to total between $1.5
million and $2.25 million. The more a herd owner in the modified
accredited advanced zone engages in the interstate movement of feeding
cattle, the greater will be the savings associated with the reduction
in movement restrictions.
---------------------------------------------------------------------------
\5\ USDA/APHIS/Veterinary Services, personal communication.
---------------------------------------------------------------------------
Owners of nonaccredited herds in the modified accredited advanced
zone engaged in interstate movement of breeding cattle also will
benefit from reduced costs associated with tuberculosis testing. A
negative whole herd test within 1 year of the interstate movement of
intact cattle from a herd without accredited status will no longer be
needed for herds in the modified accredited advanced zone. In addition,
the annual whole herd test for dairies required under the PMO for herds
in a modified accredited zone is not required for herds in a modified
accredited advanced zone.
A whole herd test requires the testing of all animals in a herd
that are 12 months of age or older at the time of the test. In January
2006, there were 870,000 beef and milk cows that had calved and bulls
on 25,000 farms in Minnesota. If we assume that these categories of
cattle comprise all of the whole herd test animals, then there were, on
average, 35 cattle per herd tested under the modified accredited
requirements. Annual whole herd testing costs averaged between $350 and
$525 per herd, based on tuberculosis testing costs of $10 to $15 per
head. These cost estimates per herd may be high because the cost of
whole herd testing on a per-animal basis is generally less than the
cost of testing animals individually.
The State of Minnesota has estimated that there are 5,381
commercial dairies operating in the modified accredited advanced zone.
These dairies will no longer be required to perform an annual whole
herd test under the PMO.
Beef or mixed herd enterprises in the modified accredited advanced
zone that engage in the interstate movement of intact cattle will not
be required to have a whole herd test performed in the 1 year prior to
that movement. The Minnesota Board of Animal Health tracks the number
of breeding animals moved interstate from Minnesota, as documented on
export certificates. In 2007, about 61,000 breeding animals moved out
of Minnesota. There are fewer than 30 accredited herds in Minnesota.
Therefore, most breeding animals moving out of Minnesota are from
nonaccredited herds that under modified accredited status require a
whole herd test.
All cattle enterprises in the modified accredited advanced zone
that move breeding animals out of Minnesota or that operate as dairies
will no longer need to perform a whole herd test on an annual basis.
Based on the above estimate of the average cost of a whole herd test,
and assuming that all Minnesota herds in the modified accredited
advanced zone will be affected, the annual cost savings associated with
the removal of the whole herd testing requirement could total between
$8.65 million (24,700 herds, multiplied by $350 per herd) and $12.97
million (24,700 herds, multiplied by $525 per herd).
The overwhelming majority of cattle herds in the State will see a
reduction
[[Page 60102]]
in pre-movement tuberculosis testing requirements as a result of this
interim rule, and will therefore benefit from reduced costs associated
with that tuberculosis testing. However, tuberculosis testing costs are
very small when compared to value of the cattle tested, and the
expected savings, therefore, are also relatively small. On January 1,
2007, beef cattle in Minnesota had an average per animal value of
$960.\6\ The average value of dairy cattle is considerably higher,
given the value of milk produced. The savings in tuberculosis testing
costs represent no more than about 1.6 percent of the average per-head
value of beef cattle ($15/$960) and an even smaller percentage of the
average value of dairy cattle.
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\6\ Meat Animals Production, Distribution and Income 2007
Summary. April 2008. Agricultural Statistics Board. NASS, USDA.
---------------------------------------------------------------------------
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. 77.9, paragraph (b) is revised to read as follows:
Sec. 77.9 Modified accredited advanced States or zones.
* * * * *
(b) 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)(1); and all of the State of Minnesota except for the
zones that comprise those counties or portions of counties in Minnesota
described in Sec. 77.11(b)(2).
* * * * *
0
3. In Sec. 77.11, paragraphs (a) and (b) are revised to read as
follows:
Sec. 77.11 Modified accredited States or zones.
(a) The following are modified accredited States: None.
(b) The following are modified accredited zones:
(1) A zone in Michigan that 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.
(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.
* * * * *
Done in Washington, DC, this 7th day of October 2008.
Cindy Smith,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-24223 Filed 10-9-08; 8:45 am]
BILLING CODE 3410-34-P