[Federal Register Volume 71, Number 53 (Monday, March 20, 2006)]
[Rules and Regulations]
[Page 13926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2627]



[[Page 13926]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. 04-065-2]


Tuberculosis; Reduction in Timeframe for Movement of Cattle and 
Bison From Modified Accredited and Accreditation Preparatory States or 
Zones Without an Individual Tuberculin Test

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 tuberculosis regulations to reduce, from 6 months 
to 60 days, the period following a whole herd test during which animals 
may be moved interstate from a modified accredited State or zone or 
from an accreditation preparatory State or zone without an individual 
tuberculin test. The interim rule was necessary due to our 
determination that the 6-month period during which individual 
tuberculin tests have not been required is too long given the risks of 
exposure to tuberculosis that exist in modified accredited and 
accreditation preparatory States or zones, especially those States or 
zones where there are wildlife populations affected with tuberculosis.

DATES: Effective on March 20, 2006, we are adopting as a final rule the 
interim rule that became effective on May 18, 2005.

FOR FURTHER INFORMATION CONTACT: Dr. Michael Dutcher, Senior Staff 
Veterinarian, National Tuberculosis Eradication Program, 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

    Bovine tuberculosis is a contagious, infectious, and communicable 
granulomatous disease caused by Mycobacterium bovis. It affects cattle, 
bison, deer, elk, goats, and other 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.
    In an interim rule effective May 18, 2005, and published in the 
Federal Register on May 24, 2005 (70 FR 29579-29582, Docket No. 04-065-
1), we amended the bovine tuberculosis regulations in 9 CFR part 77 by 
reducing from 6 months to 60 days the period following a whole herd 
test during which cattle and bison may be moved interstate from a 
modified accredited State or zone or an accreditation preparatory State 
or zone without an individual tuberculin test.
    Comments on the interim rule were required to be received on or 
before July 25, 2005. We received two comments by that date. The 
comments were from a State agricultural agency, which fully supported 
the rule, and from a private citizen who stated that the timeframe 
should be reduced to 10 days, but did not provide any explanation or 
justification for this suggested reduction.
    As we discussed in the interim rule, we believe reducing the period 
from 6 months to 60 days will be sufficient to lower the potential risk 
of movement of infected animals and decrease the likelihood of 
tuberculosis transmission. 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, this action has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.

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 
29579-29582 on May 24, 2005.

    Done in Washington, DC, this 14th day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2627 Filed 3-17-06; 8:45 am]
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