Tuberculosis in Cattle and Bison; State and Zone Designations; Texas, 58252-58254 [E6-16299]

Download as PDF 58252 Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations assigned OMB No. 0581–0178, Vegetable and Specialty Crops. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, as noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee’s meeting was widely publicized throughout the Vidalia onion industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the January 19, 2006, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. An interim final rule concerning this action was published in the Federal Register on June 15, 2006. Copies of the rule were mailed by the Committee’s staff to all Committee members and Vidalia onion handlers. In addition, the rule was made available through the Internet by USDA and the Office of the Federal Register. That rule provided for a 60-day comment period which ended August 14, 2006. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/ fv/moab.html. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the Committee’s recommendation, and other information, it is found that finalizing the interim final rule, without change, as published in the Federal Register (71 FR 34507, June 15, 2006) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 955 Onions, Marketing agreements, Reporting and recordkeeping requirements. mstockstill on PROD1PC61 with RULES PART 955—VIDALIA ONIONS GROWN IN GEORGIA Accordingly, the interim final rule amending 7 CFR part 955 which was published at 71 FR 34507 on June 15, 2006, is adopted as a final rule without change. I VerDate Aug<31>2005 14:44 Oct 02, 2006 Jkt 211001 Dated: September 27, 2006. Kenneth C. Clayton, Associate Administrator, Agricultural Marketing Service. [FR Doc. E6–16257 Filed 10–2–06; 8:45 am] BILLING CODE 3410–02–P 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 Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. AGENCY: SUMMARY: We are amending the bovine tuberculosis regulations regarding State and zone classifications by raising the designation of Texas from modified accredited advanced to accredited-free. We have determined that Texas meets the criteria for designation as an accredited-free State. DATES: This interim rule is effective September 29, 2006. We will consider all comments that we receive on or before December 4, 2006. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov, select ‘‘Animal and Plant Health Inspection Service’’ from the agency drop-down menu, then click ‘‘Submit.’’ In the Docket ID column, select APHIS–2006– 0145 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site’s ‘‘User Tips’’ link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS–2006–0145, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238. Please state that your comment refers to Docket No. APHIS– 2006–0145. Reading Room: You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690–2817 before coming. Other Information: Additional information about APHIS and its programs is available on the Internet at https://www.aphis.usda.gov. 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 Bovine tuberculosis is a contagious and infectious granulomatous disease caused by Mycobacterium bovis. It affects cattle, bison, deer, elk, goats, and other warm-blooded species, including humans. Tuberculosis in infected animals and humans manifests itself in lesions of the lung, lymph nodes, bone, and other body parts, causes weight loss and general debilitation, and can be fatal. At the beginning of the past century, tuberculosis caused more losses of livestock than all other livestock diseases combined. This prompted the establishment of the National Cooperative State/Federal Bovine Tuberculosis Eradication Program for tuberculosis in livestock. Through this program, the Animal and Plant Health Inspection Service (APHIS) works cooperatively with the national livestock industry and State animal health agencies to eradicate tuberculosis from domestic livestock in the United States and prevent its recurrence. Federal regulations implementing this program are contained in 9 CFR part 77, ‘‘Tuberculosis’’ (referred to below as the regulations), and in the ‘‘Uniform Methods and Rules—Bovine Tuberculosis Eradication’’ (UMR), which is incorporated by reference into the regulations. The regulations restrict the interstate movement of cattle, bison, and captive cervids to prevent the spread of tuberculosis. Subpart B of the regulations contains requirements for the interstate movement of cattle and bison not known to be infected with or exposed to tuberculosis. The interstate movement requirements depend upon whether the animals are moved from an accredited-free State or zone, modified accredited advanced State or zone, modified accredited State or zone, E:\FR\FM\03OCR1.SGM 03OCR1 Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations accreditation preparatory State or zone, or nonaccredited State or zone. Request for Accredited-free Status in Texas The entire State of Texas has been classified as modified accredited advanced for cattle and bison since June 3, 2002. Prior to that date, all of the State, except for a portion of El Paso and Hudspeth Counties, had been classified as an accredited-free zone; the zone in El Paso and Hudspeth Counties had been classified as modified accredited advanced. However, we have received from the State of Texas a request to be recognized as an accredited-free State for cattle and bison. With regard to cattle and bison, State animal health officials in Texas have demonstrated to APHIS that Texas meets the criteria for accredited-free status set forth in the definition of accredited-free State or zone in § 77.5 of the regulations. In accordance with these conditions, Texas has demonstrated that the zone within the State that had been previously classified as accredited-free has zero percent prevalence of affected cattle or bison herds and has had no findings of tuberculosis in any cattle or bison herds in the 2 years since the depopulation of the last affected herd in the zone. Similarly, with respect to the zone in El Paso and Hudspeth Counties that was not previously accredited-free, Texas has demonstrated that the zone has zero percent prevalence of affected cattle or bison herds and has had no findings of tuberculosis in any cattle or bison herds for the previous 5 years. Additionally, the State complies with the conditions of the UMR. Therefore, we are amending the regulations to remove Texas from the list of modified accredited advanced States in § 77.9(a) and adding it to the list of accredited-free States in § 77.7(a). mstockstill on PROD1PC61 with RULES Nonsubstantive Correction In § 77.9(b), the words ‘‘The following are modified accredited advanced zones:’’ appear as the introductory text of the paragraph and are repeated at the beginning of paragraph (b)(1). We are amending paragraph (b)(1) in this rule to eliminate that duplication. Immediate Action Immediate action is warranted to accurately reflect the current tuberculosis status of Texas as an accredited-free State. This action will provide prospective cattle and bison buyers with accurate and up-to-date information, which may affect the marketability of cattle and bison since some prospective buyers prefer to buy VerDate Aug<31>2005 14:44 Oct 02, 2006 Jkt 211001 cattle and bison from accredited-free States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the Federal Register. We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the Federal Register. The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. We are amending the bovine tuberculosis regulations regarding State and zone classifications by raising the designation of Texas from modified accredited advanced to accredited-free. We have determined that Texas meets the criteria for designation as an accredited-free State. Cattle or bison that originate in an accredited-free State or zone may be moved interstate without restriction, whereas sexually intact cattle and bison not from an accredited herd are required to have one negative test within 60 days prior to being moved interstate from a modified accredited advanced State or zone. Thus, raising Texas’s designation to accredited-free will eliminate the costs of that testing for herd owners in the State. Tuberculosis testing, which includes veterinary fees and handling expenses, costs approximately $10 to $15 per test. The average per-head value of cattle in Texas was $840 in 2005, so the cost of testing represented between 1.2 and 1.8 percent of that average value. These cost savings, while beneficial, will not represent a significant monetary savings. Of course, the more a particular herd owner is involved in interstate movement, the greater the cost savings will be. Cattle and bison are moved interstate for slaughter, for use as breeding stock, or for feeding. In 2002, there were 13.979 million cattle and calves in Texas and approximately 122,194 farms with sales of cattle and calves. Over 99 percent of herd owners would be considered small businesses. Changing the status of Texas may enhance the marketability of cattle and bison from the State, since some prospective cattle PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 58253 and bison buyers prefer to buy cattle and bison from accredited-free States. This may also result in some beneficial economic impact on some small entities. However, based on our experience in similar designations of other States, the impact should not be significant. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are in conflict with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 9 CFR Part 77 Animal diseases, Bison, Cattle, Reporting and recordkeeping requirements, Transportation, Tuberculosis. I Accordingly, we are amending 9 CFR part 77 as follows: PART 77—TUBERCULOSIS 1. The authority citation for part 77 continues to read as follows: I Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 2.80, and 371.4. § 77.7 [Amended] 2. In § 77.7, paragraph (a) is amended by adding the word ‘‘Texas,’’ immediately after the word ‘‘Tennessee,’’. I § 77.9 [Amended] 3. Section 77.9 is amended as follows: a. In paragraph (a), by removing the words ‘‘and Texas’’. I b. In paragraph (b)(1), by removing the words ‘‘The following are modified accredited advanced zones:’’. I I E:\FR\FM\03OCR1.SGM 03OCR1 58254 Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations Done in Washington, DC, this 28th day of September 2006. W. Ron DeHaven, Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6–16299 Filed 10–2–06; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003–NE–12–AD; Amendment 39–14609; AD 2006–11–05] RIN 2120–AA64 § 39.13 [Corrected] On page 29587, in the first column of Table 1, in the second row, in the third line, ‘‘–524B–02, B–B–02, B3–02, and B4 series, Pre SB No. 72–7730’’ is corrected to read ‘‘–524B–02, B–B–02, B3–02, and B4 series, Pre and Post accomplishment of SB No. 72–7730’’. Issued in Burlington, Massachusetts, on September 26, 2006. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6–16235 Filed 10–2–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Airworthiness Directives; Rolls-Royce plc RB211 Series Turbofan Engines; Correction Federal Aviation Administration Federal Aviation Administration, DOT. ACTION: Final rule; correction. [Docket No. 30516; Amdt. No. 3187] 14 CFR Part 97 AGENCY: This document makes a correction to Airworthiness Directive (AD) 2006–11–05 applicable to RollsRoyce plc (RR) RB211–22B series, RB211–524B, –524C2, –524D4, –524G2, –524G3, and –524H series, and RB211– 535C and –535E series turbofan engines with high pressure compressor (HPC) stage 3 disc assemblies, part numbers (P/Ns) LK46210, LK58278, LK67634, LK76036, UL11706, UL15358, UL22577, UL22578, and UL24738 installed. That AD published in the Federal Register on May 23, 2006 (71 FR 29586). The ‘‘–524B–02, B–B–02, B3–02, and B4 series, Pre SB No. 72–7730’’ in the Regulatory section is incorrect. This document corrects that requirement. In all other respects, the original document remains the same. DATES: Effective Date: October 3, 2006. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238–7178; fax (781) 238–7199. SUPPLEMENTARY INFORMATION: A final rule AD FR Doc, 06–4713 applicable to RR RB211–22B series, RB211–524B, –524C2, –524D4, –524G2, –524G3, and –524H series, and RB211–535C and –535E series turbofan engines with high pressure compressor (HPC) stage 3 disc assemblies, part numbers (P/Ns) LK46210, LK58278, LK67634, LK76036, UL11706, UL15358, UL22577, UL22578, and UL24738 installed, was published in the Federal Register on May 23, 2006 (71 FR 29586). The following correction is needed: mstockstill on PROD1PC61 with RULES SUMMARY: VerDate Aug<31>2005 14:44 Oct 02, 2006 Jkt 211001 Standard Instrument Approach Procedures; Miscellaneous Amendments Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. This rule is effective October 3, 2006. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of October 3, 2006. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: For Examination— 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Ave., SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which affected airport is located; or DATES: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. For Purchase—Individual SIAP copies may be obtained from: 1. FAA Public Inquiry Center (APA– 200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. By Subscription—Copies of all SIAPs, mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS–420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (mail address: P.O. Box 25082 Oklahoma City, OK 73125); telephone: (405) 954–4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14, Code of Federal Regulations, part 97 (14 CFR part 97) amends Standard Instrument Approach Procedures (SIAPs). The complete regulatory description of each SIAP is contained in the appropriate FAA Form 8260, as modified by the the National Flight Data Center (FDC)/Permanent Notice to Airmen (P–NOTAM), which is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of the Code of Federal Regulations. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. The provisions of this amendment state the E:\FR\FM\03OCR1.SGM 03OCR1

Agencies

[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58252-58254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16299]


=======================================================================
-----------------------------------------------------------------------

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: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the bovine tuberculosis regulations regarding 
State and zone classifications by raising the designation of Texas from 
modified accredited advanced to accredited-free. We have determined 
that Texas meets the criteria for designation as an accredited-free 
State.

DATES: This interim rule is effective September 29, 2006. We will 
consider all comments that we receive on or before December 4, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0145 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0145, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0145.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at https://www.aphis.usda.gov.

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

    Bovine tuberculosis is a contagious and infectious granulomatous 
disease caused by Mycobacterium bovis. It affects cattle, bison, deer, 
elk, goats, and other warm-blooded species, including humans. 
Tuberculosis in infected animals and humans manifests itself in lesions 
of the lung, lymph nodes, bone, and other body parts, causes weight 
loss and general debilitation, and can be fatal. At the beginning of 
the past century, tuberculosis caused more losses of livestock than all 
other livestock diseases combined. This prompted the establishment of 
the National Cooperative State/Federal Bovine Tuberculosis Eradication 
Program for tuberculosis in livestock. Through this program, the Animal 
and Plant Health Inspection Service (APHIS) works cooperatively with 
the national livestock industry and State animal health agencies to 
eradicate tuberculosis from domestic livestock in the United States and 
prevent its recurrence.
    Federal regulations implementing this program are contained in 9 
CFR part 77, ``Tuberculosis'' (referred to below as the regulations), 
and in the ``Uniform Methods and Rules--Bovine Tuberculosis 
Eradication'' (UMR), which is incorporated by reference into the 
regulations. The regulations restrict the interstate movement of 
cattle, bison, and captive cervids to prevent the spread of 
tuberculosis. Subpart B of the regulations contains requirements for 
the interstate movement of cattle and bison not known to be infected 
with or exposed to tuberculosis. The interstate movement requirements 
depend upon whether the animals are moved from an accredited-free State 
or zone, modified accredited advanced State or zone, modified 
accredited State or zone,

[[Page 58253]]

accreditation preparatory State or zone, or nonaccredited State or 
zone.

Request for Accredited-free Status in Texas

    The entire State of Texas has been classified as modified 
accredited advanced for cattle and bison since June 3, 2002. Prior to 
that date, all of the State, except for a portion of El Paso and 
Hudspeth Counties, had been classified as an accredited-free zone; the 
zone in El Paso and Hudspeth Counties had been classified as modified 
accredited advanced. However, we have received from the State of Texas 
a request to be recognized as an accredited-free State for cattle and 
bison.
    With regard to cattle and bison, State animal health officials in 
Texas have demonstrated to APHIS that Texas 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. In accordance with 
these conditions, Texas has demonstrated that the zone within the State 
that had been previously classified as accredited-free has zero percent 
prevalence of affected cattle or bison herds and has had no findings of 
tuberculosis in any cattle or bison herds in the 2 years since the 
depopulation of the last affected herd in the zone. Similarly, with 
respect to the zone in El Paso and Hudspeth Counties that was not 
previously accredited-free, Texas has demonstrated that the zone has 
zero percent prevalence of affected cattle or bison herds and has had 
no findings of tuberculosis in any cattle or bison herds for the 
previous 5 years. Additionally, the State complies with the conditions 
of the UMR.
    Therefore, we are amending the regulations to remove Texas from the 
list of modified accredited advanced States in Sec.  77.9(a) and adding 
it to the list of accredited-free States in Sec.  77.7(a).

Nonsubstantive Correction

    In Sec.  77.9(b), the words ``The following are modified accredited 
advanced zones:'' appear as the introductory text of the paragraph and 
are repeated at the beginning of paragraph (b)(1). We are amending 
paragraph (b)(1) in this rule to eliminate that duplication.

Immediate Action

    Immediate action is warranted to accurately reflect the current 
tuberculosis status of Texas as an accredited-free State. This action 
will provide prospective cattle and bison buyers with accurate and up-
to-date information, which may affect the marketability of cattle and 
bison since some prospective buyers prefer to buy cattle and bison from 
accredited-free States. Under these circumstances, the Administrator 
has determined that prior notice and opportunity for public comment are 
contrary to the public interest and that there is good cause under 5 
U.S.C. 553 for making this action effective less than 30 days after 
publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    We are amending the bovine tuberculosis regulations regarding State 
and zone classifications by raising the designation of Texas from 
modified accredited advanced to accredited-free. We have determined 
that Texas meets the criteria for designation as an accredited-free 
State.
    Cattle or bison that originate in an accredited-free State or zone 
may be moved interstate without restriction, whereas sexually intact 
cattle and bison not from an accredited herd are required to have one 
negative test within 60 days prior to being moved interstate from a 
modified accredited advanced State or zone. Thus, raising Texas's 
designation to accredited-free will eliminate the costs of that testing 
for herd owners in the State. Tuberculosis testing, which includes 
veterinary fees and handling expenses, costs approximately $10 to $15 
per test. The average per-head value of cattle in Texas was $840 in 
2005, so the cost of testing represented between 1.2 and 1.8 percent of 
that average value. These cost savings, while beneficial, will not 
represent a significant monetary savings. Of course, the more a 
particular herd owner is involved in interstate movement, the greater 
the cost savings will be.
    Cattle and bison are moved interstate for slaughter, for use as 
breeding stock, or for feeding. In 2002, there were 13.979 million 
cattle and calves in Texas and approximately 122,194 farms with sales 
of cattle and calves. Over 99 percent of herd owners would be 
considered small businesses. Changing the status of Texas may enhance 
the marketability of cattle and bison from the State, since some 
prospective cattle and bison buyers prefer to buy cattle and bison from 
accredited-free States. This may also result in some beneficial 
economic impact on some small entities. However, based on our 
experience in similar designations of other States, the impact should 
not be significant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are in conflict with this rule; (2) has no retroactive 
effect; and (3) does not require administrative proceedings before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 77

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

0
Accordingly, we are amending 9 CFR part 77 as follows:

PART 77--TUBERCULOSIS

0
1. The authority citation for part 77 continues to read as follows:

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


Sec.  77.7  [Amended]

0
2. In Sec.  77.7, paragraph (a) is amended by adding the word 
``Texas,'' immediately after the word ``Tennessee,''.


Sec.  77.9  [Amended]

0
3. Section 77.9 is amended as follows:
0
a. In paragraph (a), by removing the words ``and Texas''.
0
b. In paragraph (b)(1), by removing the words ``The following are 
modified accredited advanced zones:''.


[[Page 58254]]


    Done in Washington, DC, this 28th day of September 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-16299 Filed 10-2-06; 8:45 am]
BILLING CODE 3410-34-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.