[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR77.11]

[Page 237-238]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 77_TUBERCULOSIS--Table of Contents
 
                       Subpart B_Cattle and Bison
 
Sec. 77.11  Modified accredited States or zones.

    (a) The following are modified accredited States: None.
    (b) The following are modified accredited zones: A zone in Michigan 
that 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.
    (c) If any livestock other than cattle or bison are included in a 
newly assembled herd on a premises where a tuberculous herd has been 
depopulated, the State or zone must apply the herd test requirements 
contained in the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' (January 22, 1999, edition), which is incorporated by 
reference at Sec. 77.1, for such newly assembled herds to those other 
livestock in the same manner as to cattle and

[[Page 238]]

bison. Failure to do so will result in the removal of the State or zone 
from the list of modified accredited States or zones and its being 
reclassified as accreditation preparatory.
    (d) If tuberculosis is diagnosed within a modified accredited State 
or zone in an animal not specifically regulated by this part and a risk 
assessment conducted by APHIS determines that the outbreak poses a 
tuberculosis risk to livestock within the State or zone, the State or 
zone must implement a tuberculosis management plan, approved jointly by 
the State animal health official and the Administrator, within 6 months 
of the diagnosis. The management plan must include provisions for 
immediate investigation of tuberculosis in animals held for exhibition 
and in livestock and wildlife; the prevention of the spread of the 
disease to other animals held for exhibition and to livestock and 
wildlife; increased surveillance for tuberculosis in animals held for 
exhibition and wildlife; eradication of tuberculosis from individual 
herds; a timeline for tuberculosis eradication; and performance 
standards by which to measure yearly progress toward eradication. If a 
State or zone does not implement such a plan within the required 6 
months, the State or zone will be reclassified as accreditation 
preparatory.
    (e) Modified accredited State or zone status must be renewed 
annually. To qualify for renewal of a modified accredited State or zone 
status, a State must submit an annual report to APHIS certifying that 
the State or zone complies with the provisions of the ``Uniform Methods 
and Rules--Bovine Tuberculosis Eradication.'' The report must be 
submitted to APHIS each year between October 1 and November 30.
    (f) To qualify for modified accredited advanced status, a modified 
accredited State or zone must demonstrate to the Administrator that it 
complies with the provisions of the ``Uniform Methods and Rules--Bovine 
Tuberculosis Eradication'' and that tuberculosis has been prevalent in 
less than 0.01 percent of the total number of herds of cattle and bison 
in the State or zone for the most recent 2 years. Except that: The 
Administrator, upon his or her review, may allow a State or zone with 
fewer than 30,000 herds to have up to 3 affected herds for each of the 
most recent 2 years, depending on the veterinary infrastructure, 
livestock demographics, and tuberculosis control and eradication 
measures in the State or zone.

(Approved by the Office of Management and Budget under control number 
0579-0146)

[65 FR 63517, Oct. 23, 2000; 65 FR 64479, Oct. 27, 2000, as amended at 
69 FR 20809, Apr. 19, 2004]