13428 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 

1To view the interim rule and the comments 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–

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. 

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 

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. 

■ 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. 

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 

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 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 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. 

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. 

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. 

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 

AGENCY: Office of Thrift Supervision, 

Treasury (OTS), Treasury. 

ACTION: Final rule. 

SUMMARY: In this final rule, OTS is 

changing its Community Reinvestment 

Act (CRA) regulations in four areas to 

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 


rmajette on PROD1PC67 with RULES