[Federal Register Volume 72, Number 2 (Thursday, January 4, 2007)]
[Rules and Regulations]
[Page 247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22545]



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  Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Rules 
and Regulations  

[[Page 247]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2006-0145]


Tuberculosis in Cattle and Bison; State and Zone Designations; 
Texas

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 raising the designation of Texas from 
modified accredited advanced to accredited-free. The interim rule was 
based on our determination that Texas met the criteria for designation 
as an accredited-free State.

DATES: Effective on January 4, 2007, we are adopting as a final rule 
the interim rule published at 71 FR 58252-58254 on October 3, 2006.

FOR FURTHER INFORMATION CONTACT: Dr. Kathy Orloski, Epidemiologist, 
National Tuberculosis Eradication Program, National Center for Animal 
Health Programs, VS, APHIS, 2150 Centre Avenue, Building B, M/S 3E20, 
Fort Collins, CO 80526-8117, (970) 494-7221.

SUPPLEMENTARY INFORMATION: 

Background

    In an interim rule \1\ effective on September 29, 2006, and 
published in the Federal Register on October 3, 2006 (71 FR 58252-
58254, Docket No. APHIS-2006-0145), we amended the bovine tuberculosis 
regulations regarding State and zone classifications in 9 CFR part 77 
by raising the designation of Texas from modified accredited advanced 
to accredited-free. The interim rule was based on our determination 
that Texas met the criteria for designation as an accredited-free 
State.
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    \1\ To view the interim rule and the comment we received, go to 
http://www.regulations.gov, click on the ``Advanced Search'' tab, 
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2006-0145, then click ``Submit.'' Clicking on the Docket ID link in 
the search results page will produce a list of all documents in the 
docket.
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    Comments on the interim rule were required to be received on or 
before December 4, 2006. We received one comment by that date, from a 
private citizen. The commenter stated his belief that if his herd of 
cattle is tested, then all neighboring herds should be tested to ensure 
that all cattle in the area are free of tuberculosis. We noted in the 
interim rule that State animal health authorities in Texas have 
demonstrated to us that the State meets the criteria for accredited-
free status set forth in the definition of accredited-free State or 
zone in Sec.  77.5 of the tuberculosis regulations. Those criteria 
include a requirement for zero percent prevalence of affected cattle or 
bison herds.
    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 71 FR 
58252-58254 on October 3, 2006.

    Done in Washington, DC, this 26th day of December 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-22545 Filed 1-3-07; 8:45 am]
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