Unknown. Interim rule and request for comments

3,992 words·~18 min read·/register/2005/10/06/05-20098

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2005-10-06.xml --- 70 193 Thursday, October 6, 2005 Contents Agricultural Agricultural Marketing Service NOTICES Asparagus; grade standards, 58370 05-20091 Dewberries and blackberries; grade standards, 58371 05-20095 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Interstate transportation of animals and animal products (quarantine):

Tuberculosis in cattle and bison— State and zone designations, 58291-58293 05-20098 Antitrust Antitrust Division NOTICES National cooperative research notifications: Alavita/Callida Genomics, 58472 05-20137 Mobile Enterprise Alliance, Inc., 58472 05-20139 Motion Picture Laboratories, Inc., 58472-58473 05-20131 Semiconductor Test Consortium, Inc., 58473 05-20138 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 58416-58418 05-20054 05-20062 Organization, functions, and authority delegations:

Chief of Staff Office, 58418 05-20056 Enterprise Communication Office, 58418-58420 05-20055 Financial Management Office, 58420-58421 05-20059 Global Health Coordinating Office, 58421-58423 05-20058 National Center for Health Marketing, 58425-58431 05-20061 National Center for Public Health Informatics, 58423-58425 05-20060 Strategy and Innovation Office, 58431-58432 05-20057 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; systems of records, 58432-58446 05-19904 05-19905 05-19906 05-19907 Coast Guard Coast Guard RULES Drawbridge operations:

New Jersey, 58308-58310 05-19950 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Chinese imports; safeguard actions, 58386-58389 E5-5519 E5-5520 E5-5521 E5-5522 Copyright Copyright Office, Library of Congress RULES Copyright Arbitration Royalty Panel rules and procedures:

Cable statutory license; royalty rates adjustment, 58310-58311 05-20096 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-20112 58451-58452 05-20113 58452 05-20117 58452-58453 05-20118 58453 05-20119 58453-58459 05-20120 05-20121 05-20122 05-20123 05-20124 05-20125 05-20127 05-20128 05-20129 05-20130 Defense Defense Department See Navy Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-20023 58389-58392 05-20024 05-20025 05-20026 05-20027 05-20028 05-20029 05-20030 Meetings:

Scientific Advisory Board, 58392 05-20033 Privacy Act; systems of records, 58393-58394 05-20032 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Bourns Microelectronics Modules, Inc., 58474 E5-5476 Casair, Inc., 58474 E5-5484 Galileo International, 58474-58475 E5-5481 Guardian Manufacturing Co. et al., 58475-58481 E5-5478 Hewlett-Packard Co., 58481 E5-5477 Iberia Sugar Cooperative, Inc., 58481-58482 E5-5489 JBL Resources, 58482 E5-5483 Mohawk Rug and Tiles et al., 58482-58483 E5-5480 Pentair Pump et al., 58483-58484 E5-5479 Springs Industries, Inc., 58484 E5-5482 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs:

Fuels and fuel additives— Hazardous air pollutants from mobile sources; emissions control; default baseline values, 58330-58335 05-20109 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Massachusetts, 58328-58330 05-20106 Air quality implementation plans; approval and promulgation; various States: Idaho; correction, 58311-58313 05-19615 Pennsylvania, 58313-58321 05-20003 Tennessee, 58321-58325 05-20005 Texas, 58325-58328 05-20108 PROPOSED RULES Air programs; approval and promulgation;

State plans for designated facilities and pollutants: Massachusetts, 58361 05-20107 NOTICES Meetings: Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group, 58406-58407 05-20099 Superfund; response and remedial actions, proposed settlements, etc.: Diamond Alkali Site, NJ, 58407-58408 05-20105 Executive Executive Office of the President See Trade Representative, Office of United States Farm Farm Credit Administration RULES Farm credit system:

Federal Agricultural Mortgage Corporation; non-program investments and liquidity Effective date, 58293 05-20036 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 58298-58300, 58303,58304 05-19830 05-19844 BAE Systems (Operations) Ltd., 05-19832 58293-58295, 58298 05-19833 Fokker, 58300-58303 05-19829 McDonnell Douglas, 58305-58307 05-19869 Class D and E airspace, 58307-58308 05-20046 Class E airspace, 58308 05-20047 PROPOSED RULES Air carrier certification and operations:

Transport category airplanes; enhanced airworthiness program for airplane systems and fuel tank safety, 58508-58561 05-19419 Airworthiness directives: Airbus, 58352-58354 05-20063 Boeing, 58358-58361 05-20077 Withdrawn, 58357-58358 05-20076 Bombardier, 58355-58357 05-20065 NOTICES Advisory circulars; availability, etc.: Aircraft electrical wiring interconnection systems training program, 58563 05-19410 Airworthiness and safety; continued improvements; subpart I, 58567 05-19418 Circuit protective devices, 58565 05-19414 Electical bonding and protection against static electricity, 58564 05-19412 Electrical appliances, motors, and transformers, 58566-58567 05-19417 Electrical equipment and installations, 58564-58565 05-19413 Electrical supplies for emergency conditions, 58566 05-19416 Fire protection systems, 58563-58564 05-19411 Protection against injury, 58565-58566 05-19415 Standard wiring practices documentation; development, 58562-58563 05-19409 Transport category airplanes; electrical wiring interconnection systems certification, 58562 05-19408 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 58408 05-20295 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 58397-58398 E5-5503 Environmental statements; availability, etc.: Georgia Power Co., 58398 E5-5511 Hydroelectric applications, 58398-58404 E5-5495 E5-5496 E5-5497 E5-5498 E5-5504 E5-5508 E5-5509 Meetings: El Paso Natural Gas Co.; technical conference, 58404-58405 E5-5499 Hydro licensing status; workshop, 58405-58406 E5-5502 PacifiCorp;

Lewis River Projects, 58406 E5-5510 Senior Executive Service: Performance Review Boards; membership, 58406 E5-5507 *Applications, hearings, determinations, etc.:* Dominion Transmission, Inc., 58394-58395 E5-5501 Great Lakes Gas Transmission LP, 58395 E5-5500 Montana Megawatts I, LLC, 58395 E5-5494 Noble Thumb Windpark I, LLC, 58395-58396 E5-5493 Pacific Gas and Electric Co., 58396 E5-5506 Reliant Energy Services, Inc., et al., 58396 E5-5505 Tennessee Gas Pipeline Co., 58396-58397 E5-5512 Tennessee Valley Authority, 58397 E5-5492 FMC Federal Maritime Commission NOTICES Agreements filed. etc., 58408 05-20135 Investigations, hearings, petitions, etc.:

Non-vessel-operating common carrier service arrangements; comment filing time extended, 58408 05-20136 Federal Railroad Federal Railroad Administration NOTICES Safety advisories, bulletins, and directives: Time-sensitive chemicals; undelivery dangers, 58503-58504 05-20097 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 58408-58410 05-20031 Banks and bank holding companies: Formations, acquisitions, and mergers, 58410-58411 E5-5490 E5-5491 FTC Federal Trade Commission NOTICES Prohibited trade practices:

Procter & Gamble Co. et al., 58411-58414 05-20043 Superior Mortgage Corp., 58414-58415 05-20042 Fish Fish and Wildlife Service RULES Endangered and threatened species: Salt Creek tiger beetle, 58335-58351 05-20049 PROPOSED RULES Endangered and threatened species: Critical habitat designations— Thread-leaved brodiaea, 58361-58366 05-20050 Food Food and Drug Administration PROPOSED RULES Animal drugs, feeds, and related products: Cattle brains and spinal cords; prohibited use, 58570-58601 05-20196 NOTICES Meetings:

Essentials of FDA device regulations; manufacturers and suppliers primer; public workshop, 58446-58447 05-20093 Reports and guidance documents; availability, etc.: Implantable cardioverter defibrillators; functional indications, 58447-58448 05-20092 Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Tennessee Brother Industries

(USA)Inc.; toner cartrridges manufacturing, refurbishing, and recharging, 58371-58372 05-20116 Forest Forest Service NOTICES Meetings: Lake Tahoe Basin Federal Advisory Committee, 58371 05-20053 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 58415-58416 05-20102 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau NOTICES Privacy Act; systems of records, 58448-58451 05-20038 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 58459-58460 E5-5467 Environmental statements; availability, etc.: Redding, CA; Stillwater Business Park Project, 58460-58461 E5-5463 Grant and cooperative agreement awards: Alaska Native/Native Hawaiian Institutions Assisting Communities Program, 58461-58462 E5-5466 Historically Black Colleges and Universities Program, 58462 E5-5464 Tribal Colleges and Universities Program, 58463 E5-5465 Industry Industry and Security Bureau NOTICES National Defense Stockpile: Stockpile disposal levels, changes; potential market impact, 58372-58373 05-20044 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Canned pineapple fruit from— Thailand; correction, 58506 C5-15640 Internal-combustion forklift trucks from— Japan, 58373-58374 E5-5517 Lined paper products from— Various countries, 58374-58381 E5-5515 Low enriched uranium from— France, 58381 05-20162 Preserved mushrooms from— China, 58381-58382 E5-5516 Sparklers from— China, 58382-58383 E5-5513 Tapered roller bearings from— China, 58383-58384 E5-5514 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments: Eliskim, Inc., et al., 58470 05-20041 Tropical Fruit, S.E., et al., 58470-58471 05-20142 United States Steel Corp., 58471 05-20040 Washington Golf and Country Club, 58471-58472 05-20039 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-20078 58473-58474 05-20079 Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Wild Horse and Burro Advisory Board, 58463-58464 05-20082 Environmental statements; notice of intent: Creston/Blue Gap II Natural Gas Project, WY; correction, 58464 05-20084 Helium: Amarillo, TX; Cliffside Field; Conservation Helium Reserve sale; implementation, 58464-58467 05-20083 Realty actions; sales, leases, etc.: Idaho, 58467-58468 05-20080 Recreation management restrictions, etc.: Dona Ana County, NM; sports park and related facilities use; classification, 58468-58469 05-20086 Reports and guidance documents; availability, etc.: Oil, gas, and potash leasing and development— Potash enclave; establishment criteria; policy affirmation, 58469 05-20087 Survey plat filings: Wisconsin, 58469 05-20052 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 58486 05-20192 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Consolidated Coal Co. et al., 58484-58486 05-20081 Minority Minority Business Development Agency NOTICES Meetings: Asian Americans and Pacific Islanders, President's Advisory Commission, 58384 05-20134 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 58486-58487 05-20114 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies; Regular B Days-at-Sea Pilot Program, 58351 05-20132 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic commercial shark management measures, 58366-58369 05-20111 NOTICES Meetings: New England Fishery Management Council, 58384-58385 E5-5486 Pacific Fishery Management Council, E5-5485 58385-58386 E5-5487 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 58487 05-20159 05-20275 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 58394 05-20104 Meetings: Ocean Research Advisory Panel, 58394 05-20103 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Nine Mile Point Nuclear Station, LLC, 58489-58490 E5-5471 Regulatory guides; issuance, availability, and withdrawal, 58490-58491 E5-5472 *Applications, hearings, determinations, etc.:* Kansas State University, 58487-58489 E5-5474 PSEG Nuclear, LLC, et al., 58489 E5-5473 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 58491-58493 05-20140 05-20141 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Folsom Dam and appurtenant structures, CA; safety modifications; meetings, 58469-58470 05-20051 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Aquinas Funds, Inc., et al., 58493-58494 E5-5488 Meetings; Sunshine Act, 58494 05-20182 Public Utility Holding Company Act of 1935 filings, 58494-58496 E5-5475 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 58496-58498 E5-5469 Chicago Board Options Exchange, Inc., 58498-58499 E5-5470 Chicago Stock Exchange, Inc., 58500-58502 E5-5468 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.: Peoria, IL, 58504-58505 05-20020 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: Program operation; public hearing, 58502-58503 05-20089 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 05-19408 05-19409 05-19410 05-19411 05-19412 05-19413 05-19414 05-19415 05-19416 05-19417 05-19418 58508-58567 05-19419 Part III Health and Human Services Department, Food and Drug Administration, 58570-58601 05-20196 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 193 Thursday, October 6, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 77 [Docket No. 05-035-1] 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 designate the Upper Peninsula of the State of Michigan as an accredited-free zone. We have determined that Michigan meets the requirements for zone recognition and that the Upper Peninsula meets the criteria for designation as an accredited-free zone. This action relieves restrictions on the interstate movement of cattle and bison from the Upper Peninsula. DATES: This interim rule is effective September 30, 2005. We will consider all comments that we receive on or before December 5, 2005. ADDRESSES: You may submit comments by any of the following methods: • EDOCKET: Go to *http://www.epa.gov/feddocket* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once you have entered EDOCKET, click on the “View Open APHIS Dockets” link to locate this document. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. 05-035-1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 05-035-1. • Federal eRulemaking Portal: Go to *http://www.regulations.gov* and follow the instructions for locating this docket and submitting comments. *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:* You may view APHIS documents published in the **Federal Register** and related information on the Internet at *http://www.aphis.usda.gov/ppd/rad/webrepor.html.* FOR FURTHER INFORMATION CONTACT: Dr. Michael Dutcher, Senior Staff Veterinarian, National Tuberculosis Eradication Program, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737;

(301)734-5467. SUPPLEMENTARY INFORMATION: Background Bovine tuberculosis is a contagious and infectious granulomatous disease caused by *Mycobacterium bovis.* It affects cattle, bison, deer, elk, goats, and other warm-blooded species, including humans. Bovine tuberculosis in infected animals and humans manifests itself in lesions of the lung, bone, and other body parts, causes weight loss and general debilitation, and can be fatal. At the beginning of the last century, bovine tuberculosis caused more losses of livestock than all other livestock diseases combined. This prompted the establishment of the National Cooperative State/Federal Bovine Tuberculosis Eradication Program for bovine tuberculosis in livestock. Through this program, the Animal and Plant Health Inspection Service (APHIS) works cooperatively with the national livestock industry and State animal health agencies to eradicate tuberculosis from domestic livestock in the United States and prevent its recurrence. Federal regulations implementing this program are contained in 9 CFR part 77 “Tuberculosis” (referred to below as the regulations), and in the “Uniform Methods and Rules—Bovine Tuberculosis Eradication” (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. Conditions for Zone Recognition Under §§ 77.3 and 77.4 of the regulations, in order to qualify for zone classification by APHIS, the State must meet the following requirements: 1. The State must have adopted and must be enforcing regulations that impose restrictions on the intrastate movement of cattle, bison, and captive cervids that are substantially the same as those in place in part 77 for the interstate movement of those animals. 2. The designation of part of a State as a zone must otherwise be adequate to prevent the interstate spread of tuberculosis. 3. The zones must be delineated by the animal health authorities in the State making the request for zone recognition and must be approved by the APHIS Administrator. 4. The request for zone classification must demonstrate that the State has the legal and financial resources to implement and enforce a tuberculosis eradication program and has in place an infrastructure, laws, and regulations that require and ensure that State and Federal animal health authorities are notified of tuberculosis cases in domestic livestock or outbreaks in wildlife. 5. The request for zone classification must demonstrate that the State maintains, in each intended zone, clinical and epidemiological surveillance of animal species at risk of tuberculosis, at a rate that allows detection of tuberculosis in the overall population of livestock at a 2 percent prevalence rate with 95 percent confidence. The designated tuberculosis epidemiologist must review reports of all testing for each zone within the State within 30 days of the testing. 6. The State must enter into a memorandum of understanding with APHIS in which the State agrees to adhere to any conditions for zone recognition particular to that request. Request for Third Zone in Michigan The State of Michigan is currently divided into two zones with different classifications. The first zone, which is classified as modified accredited, comprises Alcona, Alpena, Antrim, Charlevoix, Cheboygan, Crawford, Emmet, Montmorency, Oscoda, Otsego, and Presque Isle Counties and those portions of Iosco and Ogemaw Counties that are north of the southernmost boundary of the Huron National Forest and the Au Sable State Forest. The second zone covers the remainder of the State and is classified as modified accredited advanced. We have received from the State of Michigan a request for recognition of a portion of the modified accredited advanced zone as a third zone. Specifically, the State animal health officials requested that Michigan's Upper Peninsula, which consists of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft Counties, be recognized as a separate zone. In their request, Michigan officials demonstrated that Michigan meets the requirements listed above for the requested zone designation. Therefore, in this interim rule, we are recognizing Michigan's Upper Peninsula as a separate zone. With regard to cattle and bison, State animal health officials in Michigan have demonstrated to APHIS that the Upper Peninsula meets the criteria for accredited-free status set forth in the definition of *accredited-free State or zone* in § 77.5 of the regulations. In accordance with these conditions, Michigan has demonstrated that the Upper Peninsula has zero percent prevalence of affected cattle or bison herds and has had no findings of tuberculosis in any cattle or bison herds for the last 5 years. Additionally, the State complies with the conditions of the UMR. Providing recognition of Michigan's Upper Peninsula as an accredited-free zone will allow cattle producers in that zone to move their cattle without a tuberculosis test, thus saving time and money. This action will therefore relieve restrictions that are no longer warranted, and facilitate further efforts of the National Tuberculosis Eradication Program. Immediate Action Immediate action is warranted to relieve restrictions on the interstate movement of cattle and bison from those counties which make up Michigan's Upper Peninsula. We have determined that Michigan's Upper Peninsula has satisfied the requirements for designation as an accredited-free zone 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 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. The State of Michigan has been split into two zones for bovine tuberculosis, with one classified as modified accredited and the other zone classified as modified accredited advanced. We are amending the regulations to establish Michigan's Upper Peninsula as a third zone for bovine tuberculosis, with the status level of accredited-free. According to the size standard established by the Small Business Administration for producers of cattle and calves (NAICS 112111, Beef cattle ranching and farming), enterprises with not more than $750,000 in annual receipts qualify as small entities. Based on data from the 2002 Census of Agriculture, 814 operations in the Upper Peninsula raised 54,315 cattle and calves in 2002. In Michigan as a whole, over 99 percent of entities engaged in cattle farming are small entities. In 2002, they owned an average of 57 cattle and had an average income of $19,620, well below the $750,000 criterion. Large operations had an average of 2,112 cattle and an average annual income of $1,692,590. The proportion of small to large cattle producers in the Upper Peninsula is presumably similar to their proportion State-wide. The overwhelming majority of operations affected by the rule are expected to be small. Tuberculosis testing, which includes veterinary fees and handling expenses, costs about $10 to $15 per test. There were 54,315 cattle and calves in the Upper Peninsula in 2002. Of this total, about 50 percent were breeding animals and the rest were animals in feedlots and outside feedlots. About 10 percent of those non-breeding cattle and calves are moved interstate. With accredited-free status, producers in the Upper Peninsula would no longer be required to test those animals prior to interstate movement, so savings of between $27,158 and $40,736 in forgone testing costs could be expected. If those savings were distributed evenly across the 814 operations identified in the 2002 Census of Agriculture, each operation could be expected to see savings of between approximately $33 and $50. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would 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 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)is revised to read as follows: § 77.7 Accredited-free States or zones.

(b)The following are accredited-free zones:

(1)A zone 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.

(2)All of the State of New Mexico except for the zone that comprises those portions of Curry and Roosevelt Counties, NM, described in § 77.9(b)(2). 3. In § 77.9, paragraph (b)(1) is revised to read as follows. § 77.9 Modified accredited advanced States or zones.

(b)* * *

(1)The following are modified accredited advanced zones: All of the State of Michigan except for the zones that comprise those counties or portions of counties in Michigan described in § 77.7(b)(1) and § 77.11(b). Done in Washington, DC, this 30th day of September 2005. W. Ron DeHaven, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05-20098 Filed 10-5-05; 8:45 am]

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