Tuberculosis in Cattle and Bison; State and Zone Designations; California, 52325-52326 [2016-18428]
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52325
Rules and Regulations
Federal Register
Vol. 81, No. 152
Monday, August 8, 2016
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–2016–0052]
Tuberculosis in Cattle and Bison; State
and Zone Designations; California
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
We are amending the bovine
tuberculosis regulations regarding State
and zone classifications by reclassifying
the State of California as accredited-free.
We have determined that the State
meets the criteria for accredited-free
status. This action relieves certain
restrictions on the interstate movement
of cattle and bison from the State of
California.
SUMMARY:
This interim rule is effective
August 8, 2016. We will consider all
comments that we receive on or before
October 7, 2016.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2016-0052.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2016–0052, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2016-0052 or
in our reading room, which is located in
Room 1141 of the USDA South
Building, 14th Street and Independence
Avenue SW., Washington, DC. Normal
rmajette on DSK2TPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
13:12 Aug 05, 2016
Jkt 238001
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Dr.
C. William Hench, Cattle Health Center
Staff Veterinarian, Surveillance,
Preparedness and Response Services,
Veterinary Services, APHIS, 2150 Centre
Avenue, Fort Collins, CO 80526–8117;
(970) 494–7378.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is a contagious
and infectious granulomatous disease
caused by the bacterium Mycobacterium
bovis. Although commonly defined as a
chronic debilitating disease, bovine
tuberculosis can occasionally assume an
acute, rapidly progressive course. While
any body tissue can be affected, lesions
are most frequently observed in the
lymph nodes, lungs, intestines, liver,
spleen, pleura, and peritoneum.
Although cattle are considered to be the
true hosts of M. bovis, the disease has
been reported in several other species of
both domestic and nondomestic
animals, as well as in humans.
At the beginning of the past century,
tuberculosis caused more losses of
livestock than all other livestock
diseases combined. This prompted the
establishment in the United States of the
National Cooperative State/Federal
Bovine Tuberculosis Eradication
Program for tuberculosis in livestock.
In carrying out the national
eradication program, the Animal and
Plant Health Inspection Service (APHIS)
issues and enforces regulations. The
regulations require the testing of cattle
and bison for tuberculosis, define the
Federal tuberculosis status levels for
States or zones (accredited-free,
modified accredited advanced, modified
accredited, accreditation preparatory,
and nonaccredited), provide the criteria
for attaining and maintaining those
status levels, and contain testing and
movement requirements for cattle and
bison leaving States or zones of a
particular status level. These regulations
are contained in 9 CFR part 77 and in
the Bovine Tuberculosis Eradication
Uniform Methods and Rules, 1999
(UMR), which is incorporated by
reference into the regulations.
The status of a State or zone is based
on its prevalence of tuberculosis in
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
cattle and bison, the effectiveness of the
State’s tuberculosis eradication
program, and the degree of the State’s
compliance with standards for cattle
and bison contained in the UMR. The
regulations provide that a State may
request partitioning into specific
geographic regions or zones with
different status designations (commonly
referred to as split-State status) if bovine
tuberculosis is detected in a portion of
a State and the State demonstrates that
it meets certain criteria with regard to
zone classification.
Request for Advancement of Modified
Accredited Advanced Status
In an interim rule effective and
published in the Federal Register on
September 18, 2008 (73 FR 54063–
54065, Docket No. APHIS–2008–0067),
we amended the tuberculosis
regulations for cattle and bison by
removing the State of California from
the list of accredited-free States for
bovine tuberculosis and reclassified the
State as modified accredited advanced.
Because two affected cattle herds had
been detected in California since
November 2007, the State no longer met
our requirements for accredited-free
status. That action was necessary to
reduce the likelihood of the spread of
bovine tuberculosis within the United
States. As a result of that action, cattle
or bison moved interstate from
anywhere in California have had to meet
the testing requirements that apply to
animals from modified accredited
advanced States or zones.
The State of California has requested
that the State be reclassified from
modified accredited advanced to
accredited-free. Based on the findings of
a review of the tuberculosis eradication
program in California conducted during
the week of April 18 to 22, 2016, APHIS
has determined that the State meets the
criteria for advancement of status
contained in the regulations.
State animal health officials in
California have demonstrated that the
State enforces and complies with the
provisions of the UMR. The State of
California has demonstrated that it has
zero percent prevalence of cattle and
bison herds affected with tuberculosis
and has had no findings of tuberculosis
in any cattle or bison in the State since
the last affected herd completed a testand-remove herd plan and was released
from quarantine in July 2014. Therefore,
E:\FR\FM\08AUR1.SGM
08AUR1
52326
Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations
California has demonstrated that the
State meets the criteria for accreditedfree status as set forth in the definition
of accredited-free State or zone in § 77.5
of the regulations.
Based on our evaluation of
California’s request, we are classifying
the entire State of California as
accredited-free.
rmajette on DSK2TPTVN1PROD with RULES
Immediate Action
Immediate action is warranted to
relieve restrictions on the interstate
movement of cattle and bison from the
State of California. Under these
circumstances, the Administrator has
determined that prior notice and
opportunity for public comment are
contrary to the public interest and that
there is good cause under 5 U.S.C. 553
for making this action effective less than
30 days after publication in the Federal
Register.
We will consider comments we
receive during the comment period for
this interim rule (see DATES above).
After the comment period closes, we
will publish another document in the
Federal Register. The document will
include a discussion of any comments
we receive and any amendments we are
making to the rule.
Executive Order 12866 and Regulatory
Flexibility Act
This interim rule is subject to
Executive Order 12866. However, for
this action, the Office of Management
and Budget has waived its review under
Executive Order 12866.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities. The analysis is
summarized below. The full analysis
may be viewed on the Regulations.gov
Web site (see ADDRESSES above for
instructions for accessing
Regulations.gov) or obtained from the
person listed under FOR FURTHER
INFORMATION CONTACT.
Tuberculosis testing, including
veterinary fees, costs approximately $10
to $15 per head. Approximately 100,000
tuberculosis tests were conducted in
California in 2015, to meet the import
requirements imposed by other States.
Based on this information, the annual
cost savings associated with advancing
the tuberculosis status of California
from modified accredited advanced to
accredited-free will range from $1
million to $1.5 million. We note that
Federal interstate movement testing
requirements for modified accredited
advanced States were suspended by a
Federal Order issued in April 2010. The
$1 million to $1.5 million in savings
that will be realized represents less than
VerDate Sep<11>2014
13:12 Aug 05, 2016
Jkt 238001
0.02 percent of the approximately $10
billion earned from California’s cattle
and milk sales.
Entities that may be affected by the
interim rule fall into various categories
of the North American Industry
Classification System. The majority of
the affected businesses are small
entities.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12372
Done in Washington, DC, this 29th day of
July 2016.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2016–18428 Filed 8–5–16; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 160303184–6184–01]
RIN 0694–AG90
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 2 CFR
chapter IV.)
Amendment to the Export
Administration Regulations To Add
Targets for the Production of Tritium
and Related Development and
Production Technology to the List of
0Y521 Series
Executive Order 12988
AGENCY:
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule has no retroactive
effect and does not require
administrative proceedings before
parties may file suit in court challenging
this rule.
SUMMARY:
Paperwork Reduction Act
This rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 77
Animal diseases, Bison, Cattle,
Reporting and recordkeeping
requirements, Transportation,
Tuberculosis.
Accordingly, we are amending 9 CFR
part 77 as follows:
PART 77—TUBERCULOSIS
1. The authority citation for part 77
continues to read as follows:
■
Authority: 7 U.S.C. 8301–8317; 7 CFR
2.22, 2.80, and 371.4.
77.7
[Amended]
2. In § 77.7, paragraph (a) is amended
by adding the word ‘‘California,’’ after
the word ‘‘Arkansas,’’.
■
77.9
[Amended]
3. In § 77.9, paragraph (a) is amended
by removing the word ‘‘California’’ and
adding the word ‘‘None’’ in its place.
■
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Frm 00002
Fmt 4700
Sfmt 4700
Bureau of Industry and
Security, Commerce.
ACTION: Interim final rule with request
for comments.
In this interim final rule, the
Bureau of Industry and Security (BIS)
amends the Export Administration
Regulations (EAR) to make certain items
subject to the EAR and to impose on
those items a license requirement for
export and reexport to all destinations,
except Canada. Specifically, this rule
classifies certain specified targets
‘‘specially designed’’ for the production
of tritium and related ‘‘development’’
and ‘‘production’’ technology under
Export Control Classification Numbers
(ECCNs) 0A521 and 0E521, respectively,
on the Commerce Control List (CCL). As
described in the final rule that
established the 0Y521 series and that
was published in the Federal Register
on April 13, 2012, items are added to
the 0Y521 series upon a determination
by the Department of Commerce, with
the concurrence of the Departments of
Defense and State, and other agencies as
appropriate, that the items should be
controlled for export because the items
provide at least a significant military or
intelligence advantage to the United
States or foreign policy reasons justify
control. In this matter, the Department
of Energy also concurred in the control
imposed. The items identified in this
rule are controlled for regional stability
(RS) Column 1 reasons. The only license
exception available for these items is for
exports, reexports, and transfers (incountry) made by or consigned to a
department or agency of the U.S.
Government.
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Pages 52325-52326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18428]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules
and Regulations
[[Page 52325]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 77
[Docket No. APHIS-2016-0052]
Tuberculosis in Cattle and Bison; State and Zone Designations;
California
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the bovine tuberculosis regulations regarding
State and zone classifications by reclassifying the State of California
as accredited-free. We have determined that the State meets the
criteria for accredited-free status. This action relieves certain
restrictions on the interstate movement of cattle and bison from the
State of California.
DATES: This interim rule is effective August 8, 2016. We will consider
all comments that we receive on or before October 7, 2016.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2016-0052.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2016-0052, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2016-
0052 or in our reading room, which is located in Room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Cattle Health
Center Staff Veterinarian, Surveillance, Preparedness and Response
Services, Veterinary Services, APHIS, 2150 Centre Avenue, Fort Collins,
CO 80526-8117; (970) 494-7378.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis is a contagious and infectious granulomatous
disease caused by the bacterium Mycobacterium bovis. Although commonly
defined as a chronic debilitating disease, bovine tuberculosis can
occasionally assume an acute, rapidly progressive course. While any
body tissue can be affected, lesions are most frequently observed in
the lymph nodes, lungs, intestines, liver, spleen, pleura, and
peritoneum. Although cattle are considered to be the true hosts of M.
bovis, the disease has been reported in several other species of both
domestic and nondomestic animals, as well as in humans.
At the beginning of the past century, tuberculosis caused more
losses of livestock than all other livestock diseases combined. This
prompted the establishment in the United States of the National
Cooperative State/Federal Bovine Tuberculosis Eradication Program for
tuberculosis in livestock.
In carrying out the national eradication program, the Animal and
Plant Health Inspection Service (APHIS) issues and enforces
regulations. The regulations require the testing of cattle and bison
for tuberculosis, define the Federal tuberculosis status levels for
States or zones (accredited-free, modified accredited advanced,
modified accredited, accreditation preparatory, and nonaccredited),
provide the criteria for attaining and maintaining those status levels,
and contain testing and movement requirements for cattle and bison
leaving States or zones of a particular status level. These regulations
are contained in 9 CFR part 77 and in the Bovine Tuberculosis
Eradication Uniform Methods and Rules, 1999 (UMR), which is
incorporated by reference into the regulations.
The status of a State or zone is based on its prevalence of
tuberculosis in cattle and bison, the effectiveness of the State's
tuberculosis eradication program, and the degree of the State's
compliance with standards for cattle and bison contained in the UMR.
The regulations provide that a State may request partitioning into
specific geographic regions or zones with different status designations
(commonly referred to as split-State status) if bovine tuberculosis is
detected in a portion of a State and the State demonstrates that it
meets certain criteria with regard to zone classification.
Request for Advancement of Modified Accredited Advanced Status
In an interim rule effective and published in the Federal Register
on September 18, 2008 (73 FR 54063-54065, Docket No. APHIS-2008-0067),
we amended the tuberculosis regulations for cattle and bison by
removing the State of California from the list of accredited-free
States for bovine tuberculosis and reclassified the State as modified
accredited advanced. Because two affected cattle herds had been
detected in California since November 2007, the State no longer met our
requirements for accredited-free status. That action was necessary to
reduce the likelihood of the spread of bovine tuberculosis within the
United States. As a result of that action, cattle or bison moved
interstate from anywhere in California have had to meet the testing
requirements that apply to animals from modified accredited advanced
States or zones.
The State of California has requested that the State be
reclassified from modified accredited advanced to accredited-free.
Based on the findings of a review of the tuberculosis eradication
program in California conducted during the week of April 18 to 22,
2016, APHIS has determined that the State meets the criteria for
advancement of status contained in the regulations.
State animal health officials in California have demonstrated that
the State enforces and complies with the provisions of the UMR. The
State of California has demonstrated that it has zero percent
prevalence of cattle and bison herds affected with tuberculosis and has
had no findings of tuberculosis in any cattle or bison in the State
since the last affected herd completed a test-and-remove herd plan and
was released from quarantine in July 2014. Therefore,
[[Page 52326]]
California has demonstrated that the State meets the criteria for
accredited-free status as set forth in the definition of accredited-
free State or zone in Sec. 77.5 of the regulations.
Based on our evaluation of California's request, we are classifying
the entire State of California as accredited-free.
Immediate Action
Immediate action is warranted to relieve restrictions on the
interstate movement of cattle and bison from the State of California.
Under these circumstances, the Administrator has determined that prior
notice and opportunity for public comment are contrary to the public
interest and that there is good cause under 5 U.S.C. 553 for making
this action effective less than 30 days after publication in the
Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This interim rule is subject to Executive Order 12866. However, for
this action, the Office of Management and Budget has waived its review
under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. The full analysis may be viewed on the
Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov) or obtained from the person listed under FOR
FURTHER INFORMATION CONTACT.
Tuberculosis testing, including veterinary fees, costs
approximately $10 to $15 per head. Approximately 100,000 tuberculosis
tests were conducted in California in 2015, to meet the import
requirements imposed by other States. Based on this information, the
annual cost savings associated with advancing the tuberculosis status
of California from modified accredited advanced to accredited-free will
range from $1 million to $1.5 million. We note that Federal interstate
movement testing requirements for modified accredited advanced States
were suspended by a Federal Order issued in April 2010. The $1 million
to $1.5 million in savings that will be realized represents less than
0.02 percent of the approximately $10 billion earned from California's
cattle and milk sales.
Entities that may be affected by the interim rule fall into various
categories of the North American Industry Classification System. The
majority of the affected businesses are small entities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 2 CFR chapter IV.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule has no retroactive effect and does not
require administrative proceedings before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
Accordingly, we are amending 9 CFR part 77 as follows:
PART 77--TUBERCULOSIS
0
1. The authority citation for part 77 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
77.7 [Amended]
0
2. In Sec. 77.7, paragraph (a) is amended by adding the word
``California,'' after the word ``Arkansas,''.
77.9 [Amended]
0
3. In Sec. 77.9, paragraph (a) is amended by removing the word
``California'' and adding the word ``None'' in its place.
Done in Washington, DC, this 29th day of July 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-18428 Filed 8-5-16; 8:45 am]
BILLING CODE 3410-34-P