[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Rules and Regulations]
[Page 61226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21082]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 04-068-3]


Tuberculosis in Cattle and Bison; State and Zone 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 bovine tuberculosis regulations regarding State 
and zone classifications by removing New Mexico from the list of 
modified accredited advanced States, adding portions of two counties in 
New Mexico to the list of modified accredited advanced zones, and 
adding the remainder of the State to the list of accredited-free zones. 
We took this action based on our determination that New Mexico met the 
requirements of the regulations for zone recognition and that one of 
the zones met the criteria for designation as accredited-free.

EFFECTIVE DATE: The interim rule became effective on July 22, 2005.

FOR FURTHER INFORMATION CONTACT: Dr. M.J. Gilsdorf, Director, Ruminant 
Health Programs, National Center for Animal Health Programs, VS, APHIS, 
4700 River Road Unit 43, Riverdale, MD 20737-1231; (301) 734-6954.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective and published in the Federal Register 
on July 22, 2005 (70 FR 42259-42261, Docket No. 04-068-1), we amended 
the tuberculosis regulations in 9 CFR part 77 by removing New Mexico 
from the list of modified accredited advanced States in Sec.  77.9(a), 
adding portions of two counties in New Mexico to the list of modified 
accredited advanced zones in Sec.  77.9(b), and adding the remainder of 
the State to the list of accredited-free zones in Sec.  77.7(b).
    On August 12, 2005, we published a document in the Federal Register 
(70 FR 47078, Docket No. 04-068-2), correcting an error in the above-
mentioned rule. When we set out the revised Sec.  77.9(a) in the July 
2005 interim rule, we inadvertently included California on the list of 
modified accredited advanced States. California was added to the list 
of accredited free States in Sec.  77.7(a) in an interim rule published 
in the Federal Register on April 15, 2005 (70 FR 19877-19878, Docket 
No. 05-010-1). Our August 2005 document corrected that error by 
removing California from the list of modified accredited advanced 
States in Sec.  77.9(a).
    Comments on the interim rule were required to be received on or 
before September 20, 2005. We received one comment by that date. The 
comment was from a State agricultural agency. The commenter supported 
the interim rule. Therefore, for the reasons given in the interim rule, 
we are adopting the interim rule as a final rule.
    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

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 77 and that was published at 70 FR 
42259-42261 on July 22, 2005, as corrected by the correcting amendment 
published at 70 FR 47078 on August 12, 2005.

    Done in Washington, DC, this 17th day of October 2005.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-21082 Filed 10-20-05; 8:45 am]
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