Tuberculosis in Cattle and Bison; State and Zone Designations; Michigan, 56635-56637 [2011-23432]
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56635
Rules and Regulations
Federal Register
Vol. 76, No. 178
Wednesday, September 14, 2011
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.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 77
[Docket No. APHIS–2011–0075]
Tuberculosis in Cattle and Bison; State
and Zone Designations; Michigan
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
We are amending the bovine
tuberculosis regulations to adjust the
boundaries of the modified accredited,
modified accredited advanced, and
accredited-free tuberculosis risk
classification zones for the State of
Michigan. We have determined that 55
counties that are currently designated
modified accredited advanced status
now meet our requirements for
accredited-free status. In addition, Iosco
and Ogemaw Counties, of which some
portions are designated modified
accredited and other portions
designated modified accredited
advanced, now meet the requirements
for accredited-free status. We also have
determined that Presque Isle County,
which is currently designated modified
accredited, now meets our requirements
for modified accredited advanced status.
These actions lessen restrictions on the
interstate movement of cattle and bison
from these areas of Michigan.
DATES: This interim rule is effective
September 14, 2011. We will consider
all comments that we receive on or
before November 14, 2011.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2011-00750001.
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SUMMARY:
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• Postal Mail/Commercial Delivery:
Send your comments to Docket No.
APHIS–2011–0075, 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 https://
www.regulations.gov/
#!docketDetail;D=APHIS-2011-0075 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) 690–2817
before coming.
FOR FURTHER INFORMATION CONTACT:
Dr. C. William Hench, Senior Staff
Veterinarian, Eradication and
Surveillance Team, National Center for
Animal Health Programs, VS, APHIS,
2150 Centre Avenue, Building B–3E20,
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
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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 (referred
to below as the regulations) and in the
Bovine Tuberculosis Eradication
Uniform Methods and Rules, 1999
(UMR), which is incorporated by
reference into the regulations. The
regulations restrict the interstate
movement of cattle, bison, and captive
cervids to prevent the spread of
tuberculosis.
Subpart B of the regulations contains
requirements for the interstate
movement of cattle and bison not
known to be infected with or exposed to
tuberculosis. The interstate movement
requirements depend upon whether the
animals are moved from an accreditedfree State or zone, modified accredited
advanced State or zone, modified
accredited State or zone, accreditation
preparatory State or zone, or
nonaccredited State or zone.
Request for Boundary Adjustment of
Modified Accredited, Modified
Accredited Advanced, and AccreditedFree Zones in Michigan
The status of a State or zone is based
on its freedom from evidence of
tuberculosis in cattle and bison, the
effectiveness of the State’s tuberculosis
eradication program, and the degree of
the State’s compliance with the
standards for cattle and bison contained
in the UMR. In addition, the regulations
allow that a State may request splitState status via partitioning into specific
geographic regions or zones with
differential 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.
The State of Michigan is currently
divided into three zones with different
classifications. The first zone, which is
classified as accredited-free, comprises
an area in Michigan known as the Upper
Peninsula that comprises Alger, Baraga,
Chippewa, Delta, Dickinson, Gogebic,
Houghton, Iron, Keweenaw, Luce,
Mackinac, Marquette, Menominee,
Ontonagon, and Schoolcraft Counties.
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56636
Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations
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The second zone, which is classified as
modified accredited, comprises Alcona,
Alpena, Montmorency, Oscoda, 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. The third zone
comprises the remainder of the State
and is classified as modified accredited
advanced.
We have received a request from the
State of Michigan for changes to the
boundaries of these zones. Specifically,
State animal health officials asked that
the status of 55 counties and the
portions of Iosco and Ogemaw counties
south of the southernmost boundary of
the Huron National Forest and the Au
Sable State Forest be raised from
modified accredited advanced status to
accredited-free status and the status of
the remaining areas in Iosco and
Ogemaw Counties be raised from
modified accredited to accredited-free.
The State of Michigan also requested
that the status of Presque Isle County be
raised from modified accredited to
modified accredited advanced. In their
request, Michigan officials
demonstrated to APHIS that the
counties described above meet the
criteria for the new statuses set forth in
the definitions of modified accredited
advanced State or zone and accreditedfree State or zone in § 77.5 of the
regulations. Additionally, the State
complies with the conditions of the
UMR.
Immediate Action
Immediate action is warranted to
relieve restrictions on the interstate
movement of cattle and bison from the
newly classified modified accredited
advanced and accredited free zones in
Michigan. 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
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13:34 Sep 13, 2011
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State and local officials. (See 7 CFR part
3015, subpart V.)
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.
Michigan currently has a split State
status for bovine tuberculosis with an
accredited-free zone, a modified
accredited advanced zone, and a
modified accredited zone. This interim
rule will reclassify the status of 55
counties from modified accredited
advanced status to accredited-free
status. In addition, Presque Isle County
will be reclassified from modified
accredited to modified accredited
advanced. Iosco and Ogemaw Counties,
of which some portions are designated
modified accredited and other portions
designated modified accredited
advanced, will be reclassified as
accredited-free.
Modified accredited status imposes
various requirements for tuberculosis
testing of cattle. Reclassification to
accredited-free removes all movement
restrictions, and reclassification from
modified accredited to modified
accredited advanced reduces
requirements.
Advancement of status for the abovementioned counties will allow
producers to move their cattle with
fewer pre-movement testing
requirements, saving time and money.
Because few producers will be affected,
these savings are expected to be
relatively small. This action will not
significantly change program operations
and will have no significant effects on
other Federal agencies, State
governments, or local governments.
Michigan animal health authorities have
a plan and the capability to maintain
separate tuberculosis zones within their
State with separate requirements and
border controls.
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
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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 interim rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 77
Animal diseases, Bison, Cattle,
Reporting and recordkeeping
requirements, Transportation,
Tuberculosis.
Accordingly, we are amending 9 CFR
part 77 as follows:
PART 77—TUBERCULOSIS
1. The authority citation for part 77
continues to read as follows:
Authority: 7 U.S.C. 8301–8317; 7 CFR
2.22, 2.80, and 371.4.
2. In § 77.7, paragraph (b)(1) is revised
to read as follows:
■
§ 77.7
Accredited-free States or zones.
*
*
*
*
*
(b) * * *
(1) All of the State of Michigan except
for the zones that comprise those
counties in Michigan described in
§ 77.9(b)(1) and § 77.11(b)(1).
*
*
*
*
*
■ 3. In § 77.9, paragraph (b)(1) is revised
to read as follows:
§ 77.9 Modified accredited advanced
States or zones.
*
*
*
*
*
(b) * * *
(1) A zone in Michigan that comprises
Antrim, Charlevoix, Cheboygan,
Crawford, Emmet, Otsego, and Presque
Isle Counties.
*
*
*
*
*
■ 4. In § 77.11, paragraph (b)(1) is
revised to read as follows:
§ 77.11
zones.
Modified accredited States or
*
*
*
*
(b) * * *
(1) A zone in Michigan that comprises
Alcona, Alpena, Montmorency, and
Oscoda Counties.
*
*
*
*
*
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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations
Done in Washington, DC, this 7th day of
September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–23432 Filed 9–13–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0604; Directorate
Identifier 2011–NE–21–AD; Amendment 39–
16791; AD 2011–18–09]
RIN 2120–AA64
Airworthiness Directives; Lycoming
Engines Model IO–720–A1B
Reciprocating Engines
SUPPLEMENTARY INFORMATION:
Discussion
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
model IO–720–A1B Lycoming Engines
reciprocating engines. This AD requires
a crankshaft inspection for certain parts
that may be installed. This AD was
prompted by the failure of a crankshaft
due to incorrect parts installed. We are
issuing this AD to prevent engine
crankshaft failure and damage to the
airplane.
SUMMARY:
This AD is effective September
29, 2011.
We must receive comments on this
AD by October 31, 2011.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
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DATES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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13:34 Sep 13, 2011
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www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (phone: 800–647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Norm Perenson, Aerospace Engineer,
New York Aircraft Certification Office,
FAA, Engine & Propeller Directorate,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516–228–
7337; fax: 516–794–5531; e-mail:
Norman.perenson@faa.gov.
We received a report of a crankshaft
failing after a repair station installed a
crankshaft that had improper
counterweight washers installed. The
repair station has determined that two
additional engines require inspection, to
determine if the crankshaft they
installed has the same improper
washers. However, the two engines
which have not been inspected, cannot
be located. This condition, if not
corrected, could result in engine
crankshaft failure and damage to the
airplane.
FAA’s Determination
We are issuing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist in
other products of the same type design.
AD Requirements
This AD requires removing four
cylinders from each affected engine and
inspecting the engine crankshaft
counterweight washers.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because a crankshaft with improper
damper washers installed, failed after
440 hours of operation. The location of
the two additional engines that require
inspection, and the unknown current
time-since-overhaul on those engines,
warrants immediate notice to advise the
current or subsequent owner of the need
to inspect the engines before further
flight. Therefore, we find that notice and
opportunity for prior public comment
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56637
are impracticable and that good cause
exists for making this amendment
effective in less than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include the docket number
FAA–2011–0604 and Directorate
Identifier 2011–NE–21–AD at the
beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
Costs of Compliance
We estimate that this AD will affect
two Lycoming Engines model IO–720–
A1B reciprocating engines, installed on
airplanes of U.S. registry. We also
estimate that the inspection will take
about 0.5 work-hour per engine to
perform, and that the average labor rate
is $85 per work-hour. Required parts
would cost $0 per engine. Based on
these figures, we estimate the total cost
of the AD to U.S. operators to be $170.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
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]]>Agencies
[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Rules and Regulations]
[Pages 56635-56637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23432]
========================================================================
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. 76, No. 178 / Wednesday, September 14, 2011 /
Rules and Regulations
[[Page 56635]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. APHIS-2011-0075]
Tuberculosis in Cattle and Bison; State and Zone Designations;
Michigan
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the bovine tuberculosis regulations to adjust
the boundaries of the modified accredited, modified accredited
advanced, and accredited-free tuberculosis risk classification zones
for the State of Michigan. We have determined that 55 counties that are
currently designated modified accredited advanced status now meet our
requirements for accredited-free status. In addition, Iosco and Ogemaw
Counties, of which some portions are designated modified accredited and
other portions designated modified accredited advanced, now meet the
requirements for accredited-free status. We also have determined that
Presque Isle County, which is currently designated modified accredited,
now meets our requirements for modified accredited advanced status.
These actions lessen restrictions on the interstate movement of cattle
and bison from these areas of Michigan.
DATES: This interim rule is effective September 14, 2011. We will
consider all comments that we receive on or before November 14, 2011.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!documentDetail;D=APHIS-2011-0075-0001.
Postal Mail/Commercial Delivery: Send your comments to
Docket No. APHIS-2011-0075, 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 https://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0075 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) 690-2817 before coming.
FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Senior Staff
Veterinarian, Eradication and Surveillance Team, National Center for
Animal Health Programs, VS, APHIS, 2150 Centre Avenue, Building B-3E20,
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 (referred to below as the regulations)
and in the Bovine Tuberculosis Eradication Uniform Methods and Rules,
1999 (UMR), which is incorporated by reference into the regulations.
The regulations restrict the interstate movement of cattle, bison, and
captive cervids to prevent the spread of tuberculosis.
Subpart B of the regulations contains requirements for the
interstate movement of cattle and bison not known to be infected with
or exposed to tuberculosis. The interstate movement requirements depend
upon whether the animals are moved from an accredited-free State or
zone, modified accredited advanced State or zone, modified accredited
State or zone, accreditation preparatory State or zone, or
nonaccredited State or zone.
Request for Boundary Adjustment of Modified Accredited, Modified
Accredited Advanced, and Accredited-Free Zones in Michigan
The status of a State or zone is based on its freedom from evidence
of tuberculosis in cattle and bison, the effectiveness of the State's
tuberculosis eradication program, and the degree of the State's
compliance with the 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 differential 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.
The State of Michigan is currently divided into three zones with
different classifications. The first zone, which is classified as
accredited-free, comprises an area in Michigan known as the Upper
Peninsula that comprises Alger, Baraga, Chippewa, Delta, Dickinson,
Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette,
Menominee, Ontonagon, and Schoolcraft Counties.
[[Page 56636]]
The second zone, which is classified as modified accredited, comprises
Alcona, Alpena, Montmorency, Oscoda, 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. The third zone comprises the remainder of the State and
is classified as modified accredited advanced.
We have received a request from the State of Michigan for changes
to the boundaries of these zones. Specifically, State animal health
officials asked that the status of 55 counties and the portions of
Iosco and Ogemaw counties south of the southernmost boundary of the
Huron National Forest and the Au Sable State Forest be raised from
modified accredited advanced status to accredited-free status and the
status of the remaining areas in Iosco and Ogemaw Counties be raised
from modified accredited to accredited-free. The State of Michigan also
requested that the status of Presque Isle County be raised from
modified accredited to modified accredited advanced. In their request,
Michigan officials demonstrated to APHIS that the counties described
above meet the criteria for the new statuses set forth in the
definitions of modified accredited advanced State or zone and
accredited-free State or zone in Sec. 77.5 of the regulations.
Additionally, the State complies with the conditions of the UMR.
Immediate Action
Immediate action is warranted to relieve restrictions on the
interstate movement of cattle and bison from the newly classified
modified accredited advanced and accredited free zones in Michigan.
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.
Michigan currently has a split State status for bovine tuberculosis
with an accredited-free zone, a modified accredited advanced zone, and
a modified accredited zone. This interim rule will reclassify the
status of 55 counties from modified accredited advanced status to
accredited-free status. In addition, Presque Isle County will be
reclassified from modified accredited to modified accredited advanced.
Iosco and Ogemaw Counties, of which some portions are designated
modified accredited and other portions designated modified accredited
advanced, will be reclassified as accredited-free.
Modified accredited status imposes various requirements for
tuberculosis testing of cattle. Reclassification to accredited-free
removes all movement restrictions, and reclassification from modified
accredited to modified accredited advanced reduces requirements.
Advancement of status for the above-mentioned counties will allow
producers to move their cattle with fewer pre-movement testing
requirements, saving time and money. Because few producers will be
affected, these savings are expected to be relatively small. This
action will not significantly change program operations and will have
no significant effects on other Federal agencies, State governments, or
local governments. Michigan animal health authorities have a plan and
the capability to maintain separate tuberculosis zones within their
State with separate requirements and border controls.
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 interim 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.
0
2. In Sec. 77.7, paragraph (b)(1) is revised to read as follows:
Sec. 77.7 Accredited-free States or zones.
* * * * *
(b) * * *
(1) All of the State of Michigan except for the zones that comprise
those counties in Michigan described in Sec. 77.9(b)(1) and Sec.
77.11(b)(1).
* * * * *
0
3. In Sec. 77.9, paragraph (b)(1) is revised to read as follows:
Sec. 77.9 Modified accredited advanced States or zones.
* * * * *
(b) * * *
(1) A zone in Michigan that comprises Antrim, Charlevoix,
Cheboygan, Crawford, Emmet, Otsego, and Presque Isle Counties.
* * * * *
0
4. In Sec. 77.11, paragraph (b)(1) is revised to read as follows:
Sec. 77.11 Modified accredited States or zones.
* * * * *
(b) * * *
(1) A zone in Michigan that comprises Alcona, Alpena, Montmorency,
and Oscoda Counties.
* * * * *
[[Page 56637]]
Done in Washington, DC, this 7th day of September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-23432 Filed 9-13-11; 8:45 am]
BILLING CODE 3410-34-P
