Unknown. Interim rule and request for comments

4,315 words·~20 min read·/register/2011/09/14/2011-23432·

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-2011-09-14.xml --- 76 178 Wednesday, September 14, 2011 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service PROPOSED RULES Designation of Product Categories for Federal Procurement, 56884-56903 2011-23067 Animal Animal and Plant Health Inspection Service RULES Tuberculosis in Cattle and Bison:

State and Zone Designations; Michigan, 56635-56637 2011-23432 NOTICES Determinations of Pest-Free Areas in Australia: Request for Comments, 56730-56731 2011-23431 Environmental Assessments; Availability, etc.: Oral Rabies Vaccine Trial, 56731 2011-23587 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments and Competitive Impact Statements: United States V. Cumulus Media Inc., et al., 56797-56807 2011-23548 Bureau of Ocean Energy Management, Regulation and Enforcement PROPOSED RULES Oil and Gas and Sulphur Operations in the Outer Continental Shelf:

Safety and Environmental Management Systems; Revisions, 56683-56694 2011-23537 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56765-56766 2011-23474 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES CLIA Program and HIPAA Privacy: Patients' Access to Test Reports, 56712-56724 2011-23525 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56766-56767 2011-23429 2011-23430 State Flexibility to Establish Basic Health Program:

Request for Information, 56767-56770 2011-23388 Coast Guard Coast Guard RULES Safety Zones: Chicago Harbor, Navy Pier Southeast, Chicago, IL, 56640-56641 2011-23463 Head of the Cuyahoga, Cuyahoga River, Cleveland, OH, 56638-56640 2011-23462 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Navy Department NOTICES Meetings: Task Force on Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of Armed Forces, 56743-56744 2011-23483 Privacy Act;

Systems of Records: Computer Matching Program, 56744-56745 2011-23509 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES 2011 Assessment of Annual Needs for List I Chemicals: Ephedrine, Pseudoephedrine, and Phenylpropanolamine; Proposed Adjustments, 56807-56809 2011-23499 2012 Annual Needs for List I Chemicals: Ephedrine, Pseudoephedrine, and Phenylpropanolamine; Proposed Assessment, 56809-56810 2011-23505 Controlled Substances: 2011 for Proposed Aggregate Production Quotas, 56810-56814 2011-23498 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56745-56746 2011-23547 Employment and Training Employment and Training Administration NOTICES Charter Renewals: Native American Employment and Training Council, 56815 2011-23368 Meetings: Native American Employment and Training Council, 56815-56816 2011-23511 Worker Adjustment and Alternative Trade Adjustment Assistance: Determinations of Eligibility, 56816-56817 2011-23501 Investigations of Eligibility Certifications, 56818 2011-23502 Worker Adjustment Assistance;

Amended Application Certifications: Travelers Indemnity Co., Knoxville, TN, and Syracuse, NY, 56819 2011-23504 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration PROPOSED RULES Energy Conservation Program: Test Procedures for General Service Fluorescent Lamps, General Service Incandescent Lamps, and Incandescent Reflector Lamps, 56661-56678 2011-23249 Energy Efficiency Program for Consumer Products: Availability of Framework Document for General Service Fluorescent Lamps and Incandescent Reflector Lamps, 56678-56679 2011-23245 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:

Ohio and West Virginia; Determinations of Attainment of 1997 Annual Fine Particle Standards, etc., 56641-56644 2011-23367 Pesticide Tolerances for Emergency Exemptions: Sulfur Dioxide, 56644-56648 2011-23359 Tolerance Actions: Atrazine, Chloroneb, Chlorpyrifos, Clofencet, Endosulfan, et al., 56648-56657 2011-23515 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: California; Determinations of Failure to Attain the One-Hour Ozone Standard, 56694-56701 2011-23544 Approvals and Promulgations of Implementation Plans and Designations of Areas for Air Quality Planning Purposes:

Atlanta, GA; Determination of Attaining Data for 1997 Annual Fine Particulate Matter Standards, 56701-56706 2011-23527 Final Authorization of State Hazardous Waste Management Program Revision: Ohio, 56708-56712 2011-23553 Revisions to the California State Implementation Plan: San Joaquin Valley Unified Air Pollution Control District, 56706-56707 2011-23550 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Emissions Reporting Requirements, 56750-56751 2011-23531 Applications for Pesticide Experimental Use Permits, 56751-56753 2011-23362 Cancellation Orders for Amendments to Terminate Product Uses:

Formetanate HCl and Acephate, 56753-56754 2011-23338 Petition Requesting Ban on Use and Production of Atrazine; Availability, 56754-56756 2011-23516 Proposed Consent Decrees: Clean Air Act Citizen Suit, 56756-56758 2011-23524 2011-23549 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Lycoming Engines Model IO-720-A1B Reciprocating Engines, 56637-56638 2011-22244 PROPOSED RULES Airworthiness Directives:

Airbus Model A330-200 and -300 Series Airplanes; Model A340-200 and -300 Series Airplanes; Model A340-500 and -600 Series Airplanes, 56680-56682 2011-23470 NOTICES Submission Deadline for Schedule Information: O'Hare International Airport et al.; Summer 2012 Scheduling Season, 56868 2011-23514 Federal Communications Federal Communications Commission RULES Unlicensed Operation in the TV Broadcast Bands, 56657-56658 2011-23426 Video Description Implementation: Twenty-First Century Communications and Video Accessibility Act of 2010, 56658-56659 2011-23382 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 56758 2011-23646 2011-23647 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood Elevation Determinations, 56724-56729 2011-23413 NOTICES Emergency Declarations: Massachusetts; Amendment No. 1, 56772-56773 2011-23513 New Jersey; Amendment No. 1, 56773 2011-23510 Puerto Rico; Amendment No. 1, 56772 2011-23402 Major Disaster Declarations: Connecticut; Amendment No. 1, 56777 2011-23445 Connecticut; Amendment No. 2, 56777 2011-23448 Connecticut;

Amendment No. 3, 56777-56778 2011-23449 Nebraska; Amendment No. 1, 56779 2011-23508 New Hampshire; Amendment No. 1, 56776-56777 2011-23496 New Jersey; Amendment No. 1, 56774 2011-23410 New Jersey; Amendment No. 2, 56773-56774 2011-23412 New Jersey; Amendment No. 3, 56776 2011-23497 New York; Amendment No. 1, 56776 2011-23392 New York; Amendment No. 2, 56775 2011-23399 New York; Amendment No. 3, 56775 2011-23401 New York; Amendment No. 4, 56774-56775 2011-23408 New York; Amendment No. 5, 56774 2011-23409 New York;

Amendment No. 6, 56776 2011-23500 Puerto Rico; Amendment No. 2, 56778 2011-23417 Texas; Amendment No. 5, 56775 2011-23407 Vermont; Amendment No. 1, 56779 2011-23415 Vermont; Amendment No. 2, 56778-56779 2011-23416 Vermont; Amendment No. 3, 56773 2011-23444 Vermont; Amendment No. 4, 56778 2011-23398 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 56746-56748 2011-23403 2011-23405 2011-23406 Meetings; Sunshine Act, 56748-56749 2011-23641 Petitions for Declaratory Orders:

Northern Laramie Range Alliance, 56749-56750 2011-23404 Federal Maritime Federal Maritime Commission NOTICES Agreement Filed, 56759 2011-23570 Ocean Transportation Intermediary License Applicants, 56759 2011-23573 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 56759-56760 2011-23616 Federal Motor Federal Motor Carrier Safety Administration NOTICES Pilot Project on NAFTA Trucking Provisions, 56868-56872 2011-23521 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 56760 2011-23493 Federal Trade Federal Trade Commission NOTICES Granting of Request for Early Termination of Waiting Period under Premerger Notification Rules, 56760-56762 2011-23292 Food and Drug Food and Drug Administration PROPOSED RULES Sunscreen Drug Products for Over-the-Counter Human Use:

Request for Data and Information Regarding Dosage Forms; Extension of Comment Period, 56682-56683 2011-23479 NOTICES Meetings: FDA/Xavier University Global Outsourcing Conference, 56770-56771 2011-23482 Foreign Assets Foreign Assets Control Office NOTICES Foreign Narcotics Kingpin Designation Act; Additional Designations, 56875-56876 2011-23528 Forest Forest Service NOTICES Meetings: Fremont and Winema Resource Advisory Committee; Field Tour, 56731-56732 2011-23477 General Services General Services Administration NOTICES Privacy Act;

Systems of Records, 56762-56765 2011-23466 2011-23467 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health PROPOSED RULES CLIA Program and HIPAA Privacy: Patients' Access to Test Reports, 56712-56724 2011-23525 NOTICES Delegation of Authorities, 56765 2011-23464 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Capacity Building for Sustainable Communities Program Funding Availability, 56780-56781 2011-23538 Community Challenge Planning Grant Program Funding Availability, 56779-56780 2011-23533 Protection and Enhancement of Environmental Quality, 56781 2011-23542 Privacy Act; Computer Matching Programs: Matching Tenant Data in Assisted Housing Programs, 56781-56784 2011-23411 Safe and Healthy Homes Investment Partnerships, 56784-56786 2011-23400 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Law and Order on Indian Reservations - Marriage and Dissolution Applications, 56786-56787 2011-23471 Privacy Act; Systems of Records, 56787-56789 2011-23340 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Indian Affairs Bureau See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56876-56878 2011-23456 2011-23458 2011-23454 2011-23455 Meetings:

Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee, 56879 2011-23459 Taxpayer Advocacy Panel Joint Committee, 56880 2011-23437 Taxpayer Advocacy Panel Notice Improvement Project Committee, 56879-56880 2011-23452 Taxpayer Advocacy Panel Small Business/Self Employed Correspondence Exam Practitioner Engagement Project Committee, 56879 2011-23451 Taxpayer Advocacy Panel Small Business; Self Employed Correspondence Exam Toll Free Project Committee, 56880 2011-23443 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 56880 2011-23446 Taxpayer Advocacy Panel Taxpayer Assistance Center Project Committee, 56880-56881 2011-23447 Taxpayer Advocacy Panel Volunteer Income Tax Assistance Project Committee, 56878-56879 2011-23419 International Trade Adm International Trade Administration NOTICES Final Results of Antidumping Duty Administrative Review and Rescission in Part:

Certain Preserved Mushrooms from the People's Republic of China, 56732-56734 2011-23557 International Trade Com International Trade Commission NOTICES Investigations: Certain Devices for Improving Uniformity Used in Backlight Module and Components Thereof, etc., 56796-56797 2011-23439 Revised Schedule for Subject Reviews: Cut-To-Length Carbon-Quality Steel Plate from India, Indonesia, Italy, Japan, and Korea, 56797 2011-23438 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings:

Advisory Committee on Actuarial Examinations, 56797 2011-23453 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Enhanced Traditional Jobs Demonstration, 56814-56815 2011-23512 Land Land Management Bureau NOTICES Calls for Nominations: North Slope Science Initiative, Science Technical Advisory Panel, Alaska, 56789-56790 2011-23484 Environmental Assessments;

Avalaibility, etc.: Caliente Resource Management Plan, 56790-56791 2011-23481 Environmental Impact Statements; Availability, etc.: Approved Grand Staircase-Escalante National Monument Management Plan Amendment, etc., 56791-56792 2011-23485 Filings of Plats of Surveys: Montana, 56792-56793 2011-23473 Realty Actions: Competitive, Sealed-Bid Sale of Public Lands in Clark County, NV, 56793-56795 2011-23486 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration NOTICES Centennial Challenges 2012 Sample Return Robot Challenge, 56819-56820 2011-23506 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 56771 2011-23530 Center for Scientific Review; Amendment, 56772 2011-23529 2011-23535 Center for Scientific Review; Cancellation, 56771 2011-23536 National Institute of Neurological Disorders and Stroke, 56772 2011-23540 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources of Gulf of Mexico and South Atlantic; Closure, 56659-56660 2011-23507 NOTICES Meetings:

Mid-Atlantic Fishery Management Council, 56735 2011-23460 Permanent Advisory Committee to Advise U.S. Commissioners to Western and Central Pacific Fisheries Commission, 56734-56735 2011-23569 Small Takes of Marine Mammals Incidental to Specified Activities: Cape Wind's High Resolution Survey in Nantucket Sound, MA, 56735-56742 2011-23575 Workshops: Mid-Atlantic Fishery Management Council, 56742-56743 2011-23461 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 56795-56796 2011-23418 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 56820 2011-23600 Navy Navy Department NOTICES Government-Owned Inventions: Available for Licensing, 56745 2011-23469 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Detroit Edison Co., Fermi 2, 56820-56821 2011-23488 Overseas Overseas Private Investment Corporation NOTICES Meetings;

Sunshine Act, 56821 2011-23611 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56821-56822 2011-23472 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56872-56873 2011-23457 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 56822-56823 2011-23517 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Days of Prayer and Rememberance (Proc. 8708), 56937-56940 2011-23744 National Grandparents Day (Proc. 8709), 56941-56942 2011-23745 Patriot Day and National Day of Service and Remembrance (Proc. 8710), 56943-56944 2011-23746 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56823-56824 2011-23385 2011-23386 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 56840-56844 2011-23478 BATS Y-Exchange, Inc., 56833-56837 2011-23480 C2 Options Exchange, Inc, 56824-56826 2011-23375 Chicago Board Options Exchange, Inc., 56838-56840 2011-23376 Depository Trust Co., 56847-56848 2011-23380 Financial Industry Regulatory Authority, Inc, 56848-56850 2011-23377 International Securities Exchange, LLC, 56832-56833, 56844-56845 2011-23440 2011-23441 Municipal Securities Rulemaking Board, 56826-56832 2011-23383 NASDAQ OMX BX, Inc., 56845-56847 2011-23384 NYSE Amex LLC, 56850-56852 2011-23378 Small Business Small Business Administration NOTICES Disaster Declarations:

New Jersey; Amendment 2, 56852-56853 2011-23580 New Jersey; Amendment 3, 56852 2011-23579 2011-23581 New York; Amendment 4, 56852 2011-23588 Major Disaster Declarations: Connecticut, 56854-56855, 56858-56859 2011-23561 2011-23593 Iowa; Amendment 1, 56863 2011-23584 Kentucky, 56860 2011-23582 Massachusetts, 56853, 56859 2011-23563 2011-23589 Nebraska; Amendment 1, 56853 2011-23592 New Hampshire, 56858 2011-23554 New Jersey; Amendment 1, 56854, 56859-56860 2011-23564 2011-23585 New Jersey;

Amendment 2, 56863 2011-23578 New York; Amendment 1, 56856, 56860-56861 2011-23422 2011-23572 New York; Amendment 2, 56855-56857 2011-23420 2011-23558 New York; Amendment 3, 56853-56854, 56857 2011-23428 2011-23590 North Carolina, 56860 2011-23583 North Carolina, Amendment 4, 56857 2011-23434 North Carolina; Amendment 1, 56855-56856 2011-23423 2011-23560 North Carolina; Amendment 2, 56856 2011-23424 North Carolina; Amendment 3, 56855 2011-23427 Pennsylvania, 56861 2011-23567 Puerto Rico;

Amendment 1, 56858, 56861 2011-23551 2011-23571 South Dakota; Amendment 1, 56862 2011-23435 Vermont, 56857-56858, 56863 2011-23425 2011-23566 Vermont; Amendment 3, 56854 2011-23577 Vermont; Amendment 1, 56854, 56862-56863 2011-23433 2011-23574 Vermont; Amendment 3, 56862 2011-23436 Virginia, 56861-56862 2011-23562 Meetings: Interagency Task Force on Veterans Small Business Development, 56863-56864 2011-23421 Surrender of License of Small Business Investment Companies, 56864 2011-23552 2011-23559 Surrender of License of Small Business Investment Companies:

Imprimis SB, L.P., 56864 2011-23555 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Caravaggio and His Followers in Rome, 56864-56865 2011-23546 Degas and the Nude, 56865 2011-23545 Meetings: Advisory Committee on Private International Law; Electronic Commerce, 56865 2011-23667 Persons on Whom Sanctions Have Been Imposed Under the Iran Sanctions Act of 1996, 56866-56868 2011-23541 Surface Transportation Surface Transportation Board NOTICES Continuance in Control Exemptions:

American Railroad Group Transportation Services, LLC for Coos Bay Railroad Operating Co., LLC, 56873 2011-23475 Operation Exemptions: Coos Bay Railroad Operating Co., LLC; Line of Railroad owned by Oregon International Port of Coos Bay, 56873-56874 2011-23495 Trackage Rights Exemptions: CSX Transportation, Inc.; Norfolk Southern Railway Co., Pennsylvania Northeastern Railroad, LLC, and Southeastern Pennsylvania Transportation Authority, 56874-56875 2011-23526 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56875 2011-23586 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Homeless Veterans, 56881 2011-23494 Western Western Area Power Administration NOTICES Central Valley Project, the California-Oregon Transmission Project, the Pacific Alternating Current Intertie, etc., 56906-56936 2011-23339 Separate Parts In This Issue Part II Agriculture Department, 56884-56903 2011-23067 Part III Energy Department, Western Area Power Administration, 56906-56936 2011-23339 Part IV Presidential Documents, 56937-56944 2011-23744 2011-23745 2011-23746 Reader Aids Consult the Reader Aids section at the end of this page 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. 76 178 Wednesday, September 14, 2011 Rules and Regulations 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 *http://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 *http://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. 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 § 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 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 Modified accredited States or zones.

(b)* * *

(1)A zone in Michigan that comprises Alcona, Alpena, Montmorency, and Oscoda Counties. 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]

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