Tuberculosis in Cattle and Bison; State and Zone Designations; Minnesota, 60586-60588 [2010-24667]
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60586
Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations
(2) For an annuitant or
compensationer, the appropriate office
is OPM.
■ 24. Section 870.907(c) is revised to
read as follows:
§ 870.907
Termination and conversion.
*
*
*
*
*
(c) An assignment terminates 31 days
after the insurance terminates, unless
the insured individual is reemployed in
or returns to a position in which he or
she is entitled to coverage under this
part within 31 days after the insurance
terminates. If the individual returns to
Federal service, Basic insurance and any
Option A and/or Option B insurance
acquired through returning to service is
subject to the existing assignment.
■ 25. Section 870.910 is revised to read
as follows:
§ 870.910 Notification of current
addresses.
Each assignee must keep the office
where the assignment is filed informed
of his/her current address.
Subpart K—Living Benefits
26. Section 870.1103 is revised to read
as follows:
■
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§ 870.1103
Election procedures.
(a) The insured individual must
request information on Living Benefits
and an application form directly from
OFEGLI.
(b)(1) The insured individual must
complete the first part of the application
and have his or her physician complete
the second part. The completed
application must be submitted directly
to OFEGLI.
(2) Another person may apply for a
Living Benefit on the insured
individual’s behalf if all of the following
conditions are met:
(i) The insured’s physician must
certify that the insured individual is
physically or mentally incapable of
making an election;
(ii) The applicant must have power of
attorney or a court order authorizing
him or her to elect a Living Benefit on
the insured individual’s behalf;
(iii) The applicant must place his or
her own signature on the application
and attach it to a true and correct copy
of the power of attorney or court order
authorizing the applicant to make the
election on the insured individual’s
behalf; and
(iv) The applicant must either be the
insured individual’s sole beneficiary or
attach a true and correct copy of each
beneficiary’s written and signed
consent.
(c)(1) OFEGLI reviews the application,
obtains certification from the insured’s
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employing office regarding the amount
of insurance and the absence of an
assignment, and determines whether the
individual meets the requirements to
elect a Living Benefit.
(2) If OFEGLI needs additional
information, it will contact the insured
or the insured’s physician.
(3) Under certain circumstances,
OFEGLI may require a medical
examination before making a decision.
In these cases, OFEGLI is financially
responsible for the cost of the medical
examination.
(d)(1) If the application is approved,
OFEGLI sends the insured a check or
makes an electronic funds transfer to the
insured’s account for the Living Benefit
payment and an explanation of benefits.
(i) Until the check has been cashed or
deposited, or before the electronic funds
transfer has been received, the
individual may change his or her mind
about electing a Living Benefit; if this
happens, the individual must mark the
check ‘‘void’’ and return it to OFEGLI.
(ii) Once the insured individual has
cashed or deposited the payment, the
Living Benefit election becomes
effective and cannot be revoked;
OFEGLI then sends explanations of
benefits to the insured’s employing
office, so it can make the necessary
changes in withholdings and
deductions.
(2) If the application is not approved,
OFEGLI will notify the insured
individual and the employing office.
The decision is not subject to
administrative review; however, the
individual may submit additional
medical information or reapply at a later
date if future circumstances warrant.
Subpart L [Removed and Reserved]
27. Subpart L, consisting of
§§ 870.1201 through 870.1208, is
removed and reserved.
■
[FR Doc. 2010–24493 Filed 9–30–10; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 77
[Docket No. APHIS–2010–0097]
Tuberculosis in Cattle and Bison; State
and Zone Designations; Minnesota
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
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We are amending the bovine
tuberculosis regulations regarding State
and zone classifications by reclassifying
the two zones in Minnesota. We have
determined that the zone consisting of
an area in the northwest corner of the
State meets the criteria for designation
as a modified accredited advanced zone,
and the zone comprising the remainder
of the State meets the criteria for
designation as an accredited-free zone.
This action relieves certain restrictions
on the interstate movement of cattle and
bison from Minnesota.
DATES: This interim rule is effective
October 1, 2010. We will consider all
comments that we receive on or before
November 30, 2010.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/main?main=DocketDetail&
d=APHIS-2010-0097 to submit or view
comments and to view supporting and
related materials available
electronically.
• Postal Mail/Commercial Delivery:
Please send one copy of your comment
to Docket No. APHIS–2010–0097,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2010–0097.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in Room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://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:
SUMMARY:
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
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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations
mstockstill on DSKH9S0YB1PROD with RULES
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
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the remainder of the State to the list of
modified accredited advanced zones.
The modified accredited zone, which
was the smaller of the two zones,
consisted of portions of the Minnesota
counties of Lake of the Woods, Roseau,
Marshall, and Beltrami. This action was
taken after we received from the State of
Minnesota a request for zone
classification for tuberculosis and
conducted a risk assessment and
program review to evaluate that request.
We have received from the State of
Minnesota applications to upgrade the
designations of both the modified
accredited advanced and modified
accredited zones. Based on our review
of the applications and the findings of
a review of the tuberculosis eradication
program in Minnesota conducted in
November 2009, APHIS has determined
that both zones meet the criteria for
advancement of status contained in the
regulations.
State animal health officials in
Minnesota have demonstrated that the
State enforces and complies with the
provisions of the UMR. The State of
Minnesota has demonstrated that the
modified accredited advanced zone has
zero percent prevalence of cattle and
bison herds affected with tuberculosis,
and has had no findings of tuberculosis
in any cattle or bison in the zone since
it was established in October 2008.
Therefore, Minnesota has demonstrated
that the zone within the State
previously classified as modified
accredited advanced meets the criteria
as set forth in the definition of
accredited-free State or zone in § 77.5 of
the regulations.
Similarly, with respect to the current
modified accredited zone in the
northwest corner of the State, Minnesota
has demonstrated that tuberculosis has
been prevalent in less than 0.01 percent
of the total number of herds of cattle
and bison in the zone for the past 2
years. Therefore, Minnesota has shown
that the zone within the State
previously classified as modified
accredited meets the criteria as set forth
in the definition of modified accredited
advanced State or zone in § 77.5 of the
regulations.
Based on our evaluation of
Minnesota’s request in light of the
criteria set forth in the regulations, we
are classifying the two zones in
Minnesota as follows:
• The modified accredited zone,
consisting of portions of the Minnesota
counties of Lake of the Woods, Roseau,
Marshall, and Beltrami, is removed from
the list of modified accredited zones in
§ 77.11(b)(2) and added to the list of
modified accredited advanced zones in
§ 77.9(b)(2). A complete description of
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60587
the boundaries of this zone is contained
in the regulatory text at the end of this
document.
• All of the State of Minnesota except
for the zone described above is removed
from the list of modified accredited
advanced zones in § 77.9(b)(2) and
added to the list of accredited-free zones
in § 77.7(b) as paragraph (b)(3).
Immediate Action
Immediate action is warranted to
relieve restrictions on the interstate
movement of cattle and bison from the
newly classified modified accredited
advanced zone in Minnesota. Under
these circumstances, the Administrator
has determined that prior notice and
opportunity for public comment are
contrary to the public interest and that
there is good cause under 5 U.S.C. 553
for making this action effective less than
30 days after publication in the Federal
Register.
We will consider comments we
receive during the comment period for
this interim rule (see DATES above).
After the comment period closes, we
will publish another document in the
Federal Register. The document will
include a discussion of any comments
we receive and any amendments we are
making to the rule.
Executive Order 12866 and Regulatory
Flexibility Act
This rule has been reviewed under
Executive Order 12866. For this action,
the Office of Management and Budget
has waived its review under Executive
Order 12866.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities. The analysis is
summarized below. The full analysis
may be viewed on the Regulations.gov
Web site (see ADDRESSES above for
instructions for accessing
Regulations.gov) or obtained from the
person listed under FOR FURTHER
INFORMATION CONTACT.
Advancing the status of the two zones
in Minnesota will reduce the interstate
movement restrictions for cattle and
bison originating from that State. Herd
owners will benefit from time savings
and reduced costs associated with
tuberculosis testing. However, the cost
savings will be relatively small; those
testing costs are small relative to the
value of the cattle, and relatively few
producers—less than 1 percent of all
cattle producers in the State—will be
affected. Total annual cost savings to
producers are likely to be under
$200,000.
The reclassified accredited free zone
will include about 99 percent of all
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Federal Register / Vol. 75, No. 190 / Friday, October 1, 2010 / Rules and Regulations
cattle herds in the State. The elevation
of an area from modified accredited
advanced to accredited free status
eliminates all remaining interstate
movement restrictions for cattle and
bison originating from this zone.
The reclassified modified accredited
advanced zone will include 267 cattle
herds, 17 of which are dairy herds. The
elevation to modified accredited
advanced status from modified
accredited status removes both
individual animal and whole herd
testing requirements for producers
within this zone. Tuberculosis testing,
including veterinary fees, costs about
$10 to $15 per head. Based on statewide estimates of interstate movement,
annual cost savings associated with
reduced testing of feeder cattle moving
out of State from this zone could total
between $10,000 and $15,000. Annual
cost savings associated with the removal
of whole herd testing for non-accredited
beef herds engaged in interstate
movement of breeding cattle and for all
dairy herds in this zone could be
between about $120,000 and $180,000.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
in conflict with this rule; (2) has no
retroactive effect; and (3) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
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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:
■
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,
2.80, and 371.4.
2. In § 77.7, a new paragraph (b)(3) is
added to read as follows:
■
§ 77.7
Accredited-free States or zones.
*
*
*
*
*
(b) * * *
(3) All of the State of Minnesota
except for the zones that comprise those
counties or portions of counties in
Minnesota described in § 77.9(b)(2).
*
*
*
*
*
■ 3. In § 77.9, paragraph (b)(2) is revised
to read as follows:
§ 77.9 Modified accredited advanced
States or zones.
*
*
*
*
*
(b) * * *
(2) Those portions of the Minnesota
counties of Lake of the Woods, Roseau,
Marshall, and Beltrami bounded by a
line as follows: Beginning in Lake of the
Woods County at the intersection of the
U.S./Canadian border and the western
shoreline of Lake of the Woods; then
west along the U.S./Canadian border
(crossing into Roseau County) to Roseau
County Road 115; then south along
Roseau County Road 115 to State
Highway 11; then southwest along State
Highway 11 to State Highway 32; then
south along State Highway 32 (crossing
into Marshall County) to Marshall
County Road 47/124; then east along
Marshall County Road 47/124 to 210th
Avenue Northeast; then south along
210th Avenue Northeast and southwest
to where the name changes to 200th
Avenue Northeast; then south along
200th Avenue Northeast to County Road
121; then south along the western
boundary of Agassiz National Wildlife
Reserve and along the western boundary
of the Elm Lake State Wildlife
Management Area to the southwest
corner of sec. 21 in T. 155 N., R. 42 W.
of the Fifth Prime Meridian; then east
along the southern boundary of secs. 21,
22, 23, and 24 in T. 155 N., R. 42 W.
and secs. 19 and 20 in T. 155 N., R. 41
W.; then south along the western
boundary of secs. 28 and 33 in T. 155
N., R. 41 W.; then continuing south
along Marshall County Road 52 to the
southern boundary of Marshall County;
then east along the southern boundary
of Marshall County to the western
boundary of Beltrami County (also the
boundary of the Red Lake Indian
Reservation); then north along the
Beltrami County boundary (also the
boundary of the Red Lake Indian
Reservation) to the northern boundary
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of the Red Lake Indian Reservation; then
east along the northern boundary of the
Red Lake Indian Reservation to the
southeast corner of sec. 36 in T. 155 N.,
R. 34 W.; then north along the eastern
boundary of Townships 155, 156, 157
(crossing into Lake of the Woods
County), 158, 159, 160, and 161 N., R.
34 W., to State Highway 11; then
northwest and north along State
Highway 11 to County Road 74; then
east along County Road 74 to Main
Avenue Northeast; then north along
Main Avenue Northeast to the northern
city limits of Warroad; then east along
the Warroad city limits to the shore of
Lake of the Woods; then along the shore
of Lake of the Woods to the point of
beginning.
*
*
*
*
*
§ 77.11
[Amended]
4. Section 77.11 is amended by
removing and reserving paragraph
(b)(2).
■
Done in Washington, DC, this 27th day of
September 2010.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–24667 Filed 9–30–10; 8:45 am]
BILLING CODE 3410–34–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 123
[SBA–2010–0010]
RIN 3245–AG00
Immediate Disaster Assistance
Program
AGENCY:
Small Business Administration
(SBA).
Interim final rule with request
for comments.
ACTION:
This interim final rule
implements the provision in the Food,
Conservation and Energy Act of 2008
(the Farm Act) which requires SBA to
establish a guaranteed disaster loan
program to provide interim loans to
businesses affected by a disaster. Under
that authority, this rule establishes the
Immediate Disaster Assistance Program
(IDAP), including the requirements for
carrying out the program. SBA will
provide an 85 percent guarantee on
IDAP loans made by participating
lenders for up to $25,000. These loans
are intended to provide immediate relief
to a small business that meets the basic
eligibility standards for a disaster loan
authorized under section 7(b) of the
Small Business Act while the business’
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Rules and Regulations]
[Pages 60586-60588]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
SUMMARY: We are amending the bovine tuberculosis regulations regarding
State and zone classifications by reclassifying the two zones in
Minnesota. We have determined that the zone consisting of an area in
the northwest corner of the State meets the criteria for designation as
a modified accredited advanced zone, and the zone comprising the
remainder of the State meets the criteria for designation as an
accredited-free zone. This action relieves certain restrictions on the
interstate movement of cattle and bison from Minnesota.
DATES: This interim rule is effective October 1, 2010. We will consider
all comments that we receive on or before November 30, 2010.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0097 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2010-0097, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2010-0097.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in Room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://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:
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.
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
[[Page 60588]]
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).
* * * * *
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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]
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4. Section 77.11 is amended by removing and reserving paragraph (b)(2).
Done in Washington, DC, this 27th day of September 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-24667 Filed 9-30-10; 8:45 am]
BILLING CODE 3410-34-P
