[Federal Register Volume 68, Number 226 (Monday, November 24, 2003)]
[Rules and Regulations]
[Page 65831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29233]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 03-044-2]


Tuberculosis in Cattle and Bison; State Designations; New Mexico

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations regarding State and zone 
classifications by removing New Mexico from the list of accredited-free 
States and adding it to the list of modified accredited advanced 
States. The interim rule was necessary to help prevent the spread of 
tuberculosis because New Mexico no longer meets the requirements for 
accredited-free State status.

EFFECTIVE DATE: The interim rule became effective on July 24, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Terry Beals, Senior Staff 
Veterinarian, Eradication and Surveillance Team, National Center for 
Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, 
MD 20737-1231; (301) 734-5467.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective and published in the Federal Register 
on July 24, 2003 (68 FR 43618-43621, Docket No. 03-044-1), we amended 
the tuberculosis regulations in 9 CFR part 77 by removing New Mexico 
from the list of accredited-free States in Sec.  77.7 and adding it to 
the list of modified accredited advanced States in Sec.  77.9.
    Comments on the interim rule were required to be received on or 
before September 22, 2003. We received one comment by that date, from a 
supplier of roping animals.
    The commenter suggested that, given the size of the State of New 
Mexico and the variety of the cattle industries contained therein, a 
more beneficial course of action would be to split the State and 
designate each portion separately.
    While the regulations do provide for the establishment of zones of 
classification within a State, such split State status must be 
requested by a State animal health official in accordance with Sec.  
77.4 and approved by the Administrator in accordance with Sec.  77.3. 
We have not thus far received such a request from the State of New 
Mexico.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 9 CFR Part 77

    Animal diseases, Bison, Cattle, Reporting and recordkeeping 
requirements, Transportation, Tuberculosis.

PART 77--TUBERCULOSIS

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Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 77 and that was published at 68 FR 
43618-43621 on July 24, 2003.

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

    Done in Washington, DC, this 18th day of November, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-29233 Filed 11-21-03; 8:45 am]
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