Brucellosis in Cattle; State and Area Classifications; Wyoming, 13428-13429 [E7-5230]

Download as PDF rmajette on PROD1PC67 with RULES 13428 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations kumquat plants may be moved interstate from a quarantined area in accordance with paragraph (b) of this section. (b) Calamondin (Citrus mitus) and kumquat (Fortunella spp.) plants, with or without fruit attached, may be moved interstate from a quarantined area into any area of the United States except commercial citrus-producing areas if all of the following conditions are met: (1) The plants are own-root-only and have not been grafted or budded; (2) The plants are started, are grown, and have been maintained solely at the nursery from which they will be moved interstate. (3) If the plants are not grown from seed, then the cuttings used for propagation of the plants are taken from plants located on the same nursery premises or from another nursery that is eligible to produce calamondin and kumquat plants for interstate movement under the requirements of this paragraph (b). Cuttings may not be obtained from properties where citrus canker is present. (4) All citrus plants at the nursery premises have undergone State inspection and have been found to be free of citrus canker no less than three times. The inspections must be at intervals of 30 to 45 days, with the most recent inspection being within 30 days of the date on which the plants are removed and packed for shipment. (5) All vehicles, equipment, and other articles used in providing inspection, maintenance, or related services in the nursery must be treated in accordance with § 301.75–11(d) before entering the nursery to prevent the introduction of citrus canker. All personnel who enter the nursery to provide these services must be treated in accordance with § 301.75–11(c) before entering the nursery to prevent the introduction of citrus canker. (6) If citrus canker is found in the nursery, all regulated plants and plant material must be removed from the nursery and all areas of the nursery’s facilities where plants are grown and all associated equipment and tools used at the nursery must be treated in accordance with § 301.75–11(d) in order for the nursery to be eligible to produce calamondin and kumquat plants to be moved interstate under this paragraph (b). Fifteen days after these actions are completed, the nursery may receive new calamondin and kumquat seed or cuttings from a nursery that is eligible to produce calamondin and kumquat plants for interstate movement under this paragraph (b). (7) The plants, except for plants that are hermetically sealed in plastic bags before leaving the nursery, are VerDate Aug<31>2005 12:29 Mar 21, 2007 Jkt 211001 completely enclosed in containers or vehicle compartments during movement through the quarantined area. (8) The calamondin or kumquat plants or trees are accompanied by a limited permit issued in accordance with § 301.75–12. The statement ‘‘Limited permit: Not for distribution in AZ, CA, HI, LA, TX, and American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands of the United States’’ must be displayed on a plastic or metal tag attached to each plant, or on the box or container if the plant is sealed in plastic. In addition, this statement must be displayed on the outside of any shipping containers used to transport these plants, and the limited permit must be attached to the bill of lading or other shipping document that accompanies the plants. (c) Regulated nursery stock produced in a nursery located in a quarantined area that is not eligible for movement under paragraph (b) of this section may be moved interstate only for immediate export. The regulated nursery stock must be accompanied by a limited permit issued in accordance with § 301.75–12 and must be moved in a container sealed by APHIS directly to the port of export in accordance with the conditions of the limited permit. I 5. Section 301.75–7 is amended by redesignating paragraph (a)(5) as paragraph (a)(6) and by adding a new paragraph (a)(5) to read as follows: § 301.75–7 Interstate movement of regulated fruit from a quarantined area. (a) * * * (5) All vehicles, equipment, and other articles used in providing inspection, maintenance, harvesting, or related services in the grove must be treated in accordance with § 301.75–11(d) upon leaving the grove. All personnel who enter the grove or premises to provide these services must be treated in accordance with § 301.75–11(c) upon leaving the grove. * * * * * § 301.75–12 [Amended] 6. In § 301.75–12, the introductory text of paragraph (b)(1) is amended by removing the word ‘‘Certificates’’ and adding the words ‘‘Except as provided in § 301.75–6(b)(8) for calamondin and kumquat plants, certificates’’ in its place. I Done in Washington, DC, this 16th day of March 2007. Nick Gutierrez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–5229 Filed 3–21–07; 8:45 am] BILLING CODE 3410–34–P PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 78 [Docket No. APHIS–2006–0138] Brucellosis in Cattle; State and Area Classifications; Wyoming Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. AGENCY: SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Wyoming from Class A to Class Free. We have determined that Wyoming meets the standards for Class Free status. This action relieves certain restrictions on the interstate movement of cattle from Wyoming. DATES: Effective on March 22, 2007, we are adopting as a final rule the interim rule published at 71 FR 54402–54404 on September 15, 2006. FOR FURTHER INFORMATION CONTACT: Dr. Debbi A. Donch, Senior Staff Veterinarian, Ruminant Health Programs, National Center for Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737– 1231; (301) 734–5952. SUPPLEMENTARY INFORMATION: Background Brucellosis is a contagious disease affecting animals and humans, caused by bacteria of the genus Brucella. The brucellosis regulations, contained in 9 CFR part 78 (referred to below as the regulations), provide a system for classifying States or portions of States according to the rate of Brucella infection present and the general effectiveness of a brucellosis control and eradication program. The classifications are Class Free, Class A, Class B, and Class C. States or areas that do not meet the minimum standards for Class C are required to be placed under Federal quarantine. In an interim rule 1 effective September 12, 2006, and published in the Federal Register on September 15, 2006 (71 FR 54402–54404, Docket No. APHIS–2006–0138), we amended the 1 To view the interim rule and the comments we received, go to https://www.regulations.gov, click on the ‘‘Advanced Search’’ tab, and select ‘‘Docket Search.’’ In the Docket ID field, enter APHIS–2006– 0138, then click ‘‘Submit.’’ Clicking on the Docket ID link in the search results page will produce a list of all documents in the docket. E:\FR\FM\22MRR1.SGM 22MRR1 rmajette on PROD1PC67 with RULES Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations regulations by changing the classification of the State of Wyoming from Class A to Class Free. That action relieved certain restrictions on the interstate movement of cattle from Wyoming. Comments on the interim rule were required to be received on or before November 14, 2006. We received one comment by that date, from an industry group. The commenter supported our determination that Wyoming has met the requirements to be classified as a Class Free State. The commenter also raised separate points related to this change in classification, which we will address in this document. The interim rule stated that the last brucellosis-infected herd of cattle in Wyoming was depopulated in December 2004. The commenter stated that, because the requirements for Class Free classification state that all cattle herds in a Class Free State or area must remain free of field strain Brucella abortus for 12 consecutive months, Wyoming should have been upgraded to the Class Free classification much earlier than September 2006. In addition to satisfying the requirement for freedom in paragraph (b)(1) of the criteria for a Class Free State or area in § 78.1, the Animal and Plant Health Inspection Service (APHIS) must determine that a State or area meets all the other requirements in those criteria prior to classifying a State or area as Class Free. This process can take some time, but it would not be appropriate to classify a State or area as Class Free until the process is completed. The commenter also referred to surveillance programs and risk mitigation measures that are in place to address the risk associated with reservoirs of brucellosis in wild animals in Sublette, Teton, Lincoln, Fremont, Hot Springs, and Park Counties in Wyoming. The commenter stated that APHIS required that this surveillance and risk mitigation be undertaken in order for Wyoming to be reclassified as a Class Free State. The commenter stated that the regulations and the Animal Health Protection Act (7 U.S.C. 8301–8317) do not give APHIS the authority to impose such requirements in order to achieve Class Free status. The commenter inaccurately characterizes the origin of these surveillance programs and risk mitigation measures. APHIS’ review of the Wyoming brucellosis program recommended that surveillance programs and risk mitigation measures be established to address the risk of infection transmitted from wild animals. VerDate Aug<31>2005 12:29 Mar 21, 2007 Jkt 211001 We also recommended that the State of Wyoming develop a memorandum of understanding with APHIS to implement these programs and measures. The State of Wyoming recognized the risk associated with the reservoirs of brucellosis that exist in wild animals in parts of that State and took action in cooperation with APHIS. We based our decision to reclassify Wyoming as a Class Free State for brucellosis on the State’s compliance with the requirements in the regulations regarding Class Free status. 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, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 9 CFR Part 78 Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 78—BRUCELLOSIS Accordingly, we are adopting as a final rule, without change, the interim rule that amended 9 CFR part 78 and that was published at 71 FR 54402– 54404 on September 15, 2006. I Done in Washington, DC, this 16th day of March 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–5230 Filed 3–21–07; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF THE TREASURY Office of Thrift Supervision 12 CFR Part 563e [No. 2007–03] RIN 1550–AC08 Community Reinvestment Act— Interagency Uniformity Office of Thrift Supervision, Treasury (OTS), Treasury. ACTION: Final rule. AGENCY: SUMMARY: In this final rule, OTS is changing its Community Reinvestment Act (CRA) regulations in four areas to PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 13429 reestablish uniformity between its regulations and those of the other federal banking agencies. OTS is making these revisions to its CRA rule to promote consistency and help facilitate objective evaluations of CRA performance across the banking and thrift industries. Consistent standards will allow the public to make more effective comparisons of bank and thrift CRA performance. Additionally, OTS is incorporating changes that reinforce CRA objectives consistent with the ongoing performance of savings associations in meeting the financial services needs of the communities they serve. To advance these objectives OTS is aligning its CRA rule with the rule adopted by the banking agencies by: (1) Eliminating the option of alternative weights for lending, investment, and service under the large, retail savings association test; (2) defining small savings associations with between $250 million and $1 billion in assets as ‘‘intermediate small savings associations’’ and establishing a new community development test for them; (3) indexing the asset threshold for small and intermediate small savings associations annually based on changes to the Consumer Price Index (CPI); and (4) clarifying the impact on a savings association’s CRA rating if OTS finds evidence of discrimination or other illegal credit practices. DATES: This rule is effective on July 1, 2007. FOR FURTHER INFORMATION CONTACT: Celeste Anderson, Senior Project Manager, Compliance and Consumer Protection, (202) 906–7990; Richard Bennett, Counsel, Regulations and Legislation Division, (202) 906–7409, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: A. Background The CRA requires the federal banking and thrift agencies to assess the record of each insured depository institution of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of the institution, and to take that record into account when evaluating an application by the institution for a deposit facility. 12 U.S.C. 2903. In 1995, when OTS, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the four agencies) adopted major E:\FR\FM\22MRR1.SGM 22MRR1

Agencies

[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Rules and Regulations]
[Pages 13428-13429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5230]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 78

[Docket No. APHIS-2006-0138]


Brucellosis in Cattle; State and Area Classifications; Wyoming

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the brucellosis regulations concerning the interstate 
movement of cattle by changing the classification of Wyoming from Class 
A to Class Free. We have determined that Wyoming meets the standards 
for Class Free status. This action relieves certain restrictions on the 
interstate movement of cattle from Wyoming.

DATES: Effective on March 22, 2007, we are adopting as a final rule the 
interim rule published at 71 FR 54402-54404 on September 15, 2006.

FOR FURTHER INFORMATION CONTACT: Dr. Debbi A. Donch, Senior Staff 
Veterinarian, Ruminant Health Programs, National Center for Animal 
Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 
20737-1231; (301) 734-5952.

SUPPLEMENTARY INFORMATION:

Background

    Brucellosis is a contagious disease affecting animals and humans, 
caused by bacteria of the genus Brucella.
    The brucellosis regulations, contained in 9 CFR part 78 (referred 
to below as the regulations), provide a system for classifying States 
or portions of States according to the rate of Brucella infection 
present and the general effectiveness of a brucellosis control and 
eradication program. The classifications are Class Free, Class A, Class 
B, and Class C. States or areas that do not meet the minimum standards 
for Class C are required to be placed under Federal quarantine.
    In an interim rule \1\ effective September 12, 2006, and published 
in the Federal Register on September 15, 2006 (71 FR 54402-54404, 
Docket No. APHIS-2006-0138), we amended the

[[Page 13429]]

regulations by changing the classification of the State of Wyoming from 
Class A to Class Free. That action relieved certain restrictions on the 
interstate movement of cattle from Wyoming.
---------------------------------------------------------------------------

    \1\ To view the interim rule and the comments we received, go to 
https://www.regulations.gov, click on the ``Advanced Search'' tab, 
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2006-0138, then click ``Submit.'' Clicking on the Docket ID link in 
the search results page will produce a list of all documents in the 
docket.
---------------------------------------------------------------------------

    Comments on the interim rule were required to be received on or 
before November 14, 2006. We received one comment by that date, from an 
industry group.
    The commenter supported our determination that Wyoming has met the 
requirements to be classified as a Class Free State. The commenter also 
raised separate points related to this change in classification, which 
we will address in this document.
    The interim rule stated that the last brucellosis-infected herd of 
cattle in Wyoming was depopulated in December 2004. The commenter 
stated that, because the requirements for Class Free classification 
state that all cattle herds in a Class Free State or area must remain 
free of field strain Brucella abortus for 12 consecutive months, 
Wyoming should have been upgraded to the Class Free classification much 
earlier than September 2006.
    In addition to satisfying the requirement for freedom in paragraph 
(b)(1) of the criteria for a Class Free State or area in Sec.  78.1, 
the Animal and Plant Health Inspection Service (APHIS) must determine 
that a State or area meets all the other requirements in those criteria 
prior to classifying a State or area as Class Free. This process can 
take some time, but it would not be appropriate to classify a State or 
area as Class Free until the process is completed.
    The commenter also referred to surveillance programs and risk 
mitigation measures that are in place to address the risk associated 
with reservoirs of brucellosis in wild animals in Sublette, Teton, 
Lincoln, Fremont, Hot Springs, and Park Counties in Wyoming. The 
commenter stated that APHIS required that this surveillance and risk 
mitigation be undertaken in order for Wyoming to be reclassified as a 
Class Free State. The commenter stated that the regulations and the 
Animal Health Protection Act (7 U.S.C. 8301-8317) do not give APHIS the 
authority to impose such requirements in order to achieve Class Free 
status.
    The commenter inaccurately characterizes the origin of these 
surveillance programs and risk mitigation measures. APHIS' review of 
the Wyoming brucellosis program recommended that surveillance programs 
and risk mitigation measures be established to address the risk of 
infection transmitted from wild animals. We also recommended that the 
State of Wyoming develop a memorandum of understanding with APHIS to 
implement these programs and measures. The State of Wyoming recognized 
the risk associated with the reservoirs of brucellosis that exist in 
wild animals in parts of that State and took action in cooperation with 
APHIS.
    We based our decision to reclassify Wyoming as a Class Free State 
for brucellosis on the State's compliance with the requirements in the 
regulations regarding Class Free status.
    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, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 9 CFR Part 78

    Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and 
recordkeeping requirements, Transportation.

PART 78--BRUCELLOSIS

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 9 CFR part 78 and that was published at 71 FR 
54402-54404 on September 15, 2006.

    Done in Washington, DC, this 16th day of March 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-5230 Filed 3-21-07; 8:45 am]
BILLING CODE 3410-34-P
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