[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Rules and Regulations]
[Pages 48375-48376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22960]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 77

[Docket No. APHIS-2008-0124]


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 by establishing 
two separate zones with different tuberculosis risk classifications for 
the State of New Mexico. Prior to the interim rule, the entire State of 
New Mexico had been classified as modified accredited advanced; 
however, all its affected herds were located in Curry and Roosevelt 
Counties, NM, along the State's eastern border. The interim rule was 
necessary to relieve restrictions on the interstate movement of cattle 
and bison from areas of New Mexico outside those two counties.

DATES: Effective on September 23, 2009, we are adopting as a final rule 
the interim rule published at 74 FR 12055-12058 on March 23, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. C. William Hench, Senior Staff 
Veterinarian, National Tuberculosis Eradication Program, Veterinary 
Services, APHIS, 2150 Centre Ave, Bldg B, MSC 3E20, Ft. Collins, CO 
80526; (970) 494-7378.

SUPPLEMENTARY INFORMATION:

Background

    Bovine tuberculosis is a contagious and infectious granulomatous 
disease caused by the bacterium Mycobacterium bovis. Although commonly 
defined as a chronic debilitating disease, bovine tuberculosis can 
occasionally assume an acute, rapidly progressive course. While any 
body tissue can be affected, lesions are most frequently observed in 
the lymph nodes, lungs, intestines, liver, spleen, pleura, and 
peritoneum. Although cattle are considered to be the true hosts of M. 
bovis, the disease has been reported in several other species of both 
domestic and nondomestic animals, as well as in humans.
    At the beginning of the past century, tuberculosis caused more 
losses of livestock than all other livestock diseases combined. This 
prompted the establishment in the United States of the National 
Cooperative State/Federal Bovine Tuberculosis Eradication Program for 
tuberculosis in livestock.
    In carrying out the national eradication program, the Animal and 
Plant Health Inspection Service (APHIS) issues and enforces 
regulations. The regulations require the testing of cattle and bison 
for tuberculosis, define the Federal tuberculosis status levels for 
States or zones (accredited-free, modified accredited advanced, 
modified accredited, accreditation preparatory, and nonaccredited), 
provide the criteria for attaining and maintaining those status levels, 
and contain testing and movement requirements for cattle and bison 
leaving States or zones of a particular status level. These regulations 
are contained in 9 CFR part 77 (referred to below as the regulations) 
and in the Bovine Tuberculosis Eradication Uniform Methods and Rules, 
1999, which is incorporated by reference into the regulations.
    According to the regulations, if bovine tuberculosis is detected in 
a portion of a State, the State may request split-State status via 
partitioning into specific geographic regions or zones with 
differential status designations. With regard to cattle and bison, 
State animal health officials in New Mexico demonstrated to APHIS that 
New Mexico, excluding Curry and Roosevelt Counties, meets the criteria 
for accredited-free status set forth in the definition of accredited-
free State or zone in Sec.  77.5 of the regulations.
    Therefore, we amended the regulations in an interim rule \1\ 
effective and published in the Federal Register on March 23, 2009 (74 
FR 12055-12058, Docket No. APHIS-2008-0124), by removing New Mexico 
from the list of modified accredited States in Sec.  77.9(a), adding an 
area consisting of Curry and Roosevelt Counties, NM, 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).
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    \1\ To view the interim rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0124.
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    Comments on the interim rule were required to be received on or 
before May 22, 2009. We did not receive any comments by that date. 
Therefore, for the reasons given in the interim rule, we are adopting 
the interim rule as a final rule without change.
    We note that the indefinite delay \2\ in compliance with certain 
identification and certification requirements in Sec.  77.10 of the 
regulations will continue to apply with respect to Curry and Roosevelt 
Counties, NM, which continue to hold modified accredited advanced 
status. The specific provisions of Sec.  77.10 for which we delayed the 
compliance date were as follows:
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    \2\ The delay was put into place in an interim rule published in 
the Federal Register on September 11, 2008 (73 FR 52775-52777, 
Docket No. APHIS-2008-0068). The interim rule may be viewed on the 
Internet at http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0068.
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     The identification of sexually intact heifers moving to 
approved feedlots and steers and spayed heifers moving to any 
destination (Sec.  77.10(b));
     The identification requirements for sexually intact 
heifers moving to feedlots that are not approved feedlots (Sec.  
77.10(d)); and
     Because identification is required for certification, the 
certification requirements for sexually intact heifers moving to 
unapproved feedlots (Sec.  77.10(d)).
    This action also affirms the information contained in the interim

[[Page 48376]]

rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372, 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 74 FR 
12055-12058 on March 23, 2009.

    Done in Washington, DC, this 18th day of September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-22960 Filed 9-22-09; 8:45 am]
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