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From: TSS ()
Subject: CWD Herd Certification Program and Interstate Movement of Farmed or Captive Deer,Elk, and Moose; DELAY of Effective Date
Date: September 8, 2006 at 8:32 am PST

52983 Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Rules and Regulations


Animal and Plant Health Inspection


9 CFR Parts 55 and 81

[Docket No. 00–108–4]

Chronic Wasting Disease Herd

Certification Program and Interstate

Movement of Farmed or Captive Deer,

Elk, and Moose; Delay of Effective Date

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule; delay of effective


SUMMARY: We recently amended the

regulations to establish a herd

certification program and interstate

movement restrictions for cervids to

control the spread of chronic wasting

disease. That final rule had an effective

date of October 19, 2006. We are

delaying that effective date until further

notice, to give the agency time to

consider several petitions we recently

received that asked for the rule not to

take effect as scheduled. This delay is

needed to allow the agency to consider

the issues raised in the petitions and

decide what action to take in response

to them.

DATES: The effective date for the final

rule amending 9 CFR part 55 and adding

9 CFR part 81, published at 71 FR

41682, July 21, 2006, is delayed until

further notice. APHIS will publish a

document in the Federal Register

announcing any new effective date or

other decision.


Dean E. Goeldner, Senior Staff

Veterinarian, Ruminant Health

Programs, VS, APHIS, 4700 River Road

Unit 43, Riverdale, MD 20737–1231;

(301) 734–4916.



The Animal and Plant Health

Inspection Service’s (APHIS’s)

regulations in 9 CFR subchapter B

govern cooperative programs to control

and eradicate communicable diseases of

livestock. In accordance with the

Animal Health Protection Act (7 U.S.C.

8301 et seq.), the Secretary of

Agriculture has the authority to issue

orders and promulgate regulations to

prevent the introduction into the United

States and the dissemination within the

United States of any pest or disease of

livestock, and to pay claims growing out

of the destruction of animals.

On July 21, 2006, we published a final

rule in the Federal Register (71 FR

41682–41707) amending 9 CFR

subchapter B by establishing regulations

in part 55 for a Chronic Wasting Disease

Herd Certification Program to help

eliminate chronic wasting disease from

the farmed or captive cervid herds in

the United States (the CWD rule). Under

that rule, owners of deer, elk, and moose

herds who choose to participate would

have to follow program requirements for

animal identification, testing, herd

management, and movement of animals

into and from herds. We also amended

9 CFR subchapter B by establishing a

new part 81 containing interstate

movement requirements to prevent the

spread of CWD.

Delay in Effective Date

We recently received several petitions

requesting a delay in the effective date

of the CWD rule and reconsideration of

several requirements of the rule. We are

currently evaluating the merits of these

petitions, and will publish a notice in

the Federal Register in the near future

making the contents of the petitions

available to the public for comment. We

are delaying the effective date of the

CWD rule while this process is


Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22,

2.80, and 371.4.

Done in Washington, DC, this 30th day of

August 2006.

W. Ron DeHaven,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. E6–14861 Filed 9–7–06; 8:45 am]


DOES not surprise me one bit. WHEN you have the industry running regulatory authority, it's a loose, loose situation. JUST like the ban on some of those SRMs that our fine regulatory agencies said they were going to ban out of one side of there mouth, only to take it away out of the other side of there mouth. AND to date, those SRMs are still not banned. just more of the same old BSe. ...TSS

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