[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Proposed Rules]
[Pages 17573-17574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9007]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 69 / Monday, April 12, 1999 / 
Proposed Rules  

[[Page 17573]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 72

[Docket No. 96-067-1]


Texas (Splenetic) Fever in Cattle; Incorporation by Reference

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the Texas (splenetic) fever in 
cattle regulations by removing the section that describes the area of 
Texas quarantined because of ticks and replacing it with an 
incorporation by reference of the Texas Animal Health Commission's 
regulations that describe the same area. Because the quarantined area 
in Texas is defined and established by the Texas Animal Health 
Commission and an up-to-date description of the quarantined area is 
provided in the commission's regulations in the Texas Administrative 
Code, we do not believe that it is necessary to reproduce that 
description in our regulations. This proposed change in the regulations 
would eliminate the need to maintain a description of the Texas 
quarantined area in our regulations, thus reducing the volume of 
material included in those regulations, while continuing to provide for 
the treatment and inspection of cattle moved from the area of Texas 
quarantined for ticks.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by June 11, 1999.

ADDRESSES: Please send your comment and three copies to Docket No. 96-
067-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 96-067-1.
    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.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Dave Wilson, Senior Staff 
Veterinarian, Emergency Programs, VS, APHIS, 4700 River Road Unit 41, 
Riverdale, MD 20737-1231; (301) 734-8073; or e-mail: 
Dave.D.W[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 72, ``Texas (Splenetic) Fever in 
Cattle'' (referred to below as the regulations), restrict the 
interstate movement of cattle from areas quarantined because of the 
presence of ticks that are vectors of bovine babesiosis. This disease 
is referred to in the regulations as splenetic or tick fever. Splenetic 
or tick fever is a contagious, infectious, and communicable disease of 
cattle that causes cattle to become weak and dehydrated and can cause 
death. The areas quarantined because of ticks include all of Guam, the 
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, as 
well as portions of Texas. These quarantined areas are described in 
Secs. 72.3 and 72.5 of the regulations.
    The quarantined area in Texas is defined and established by the 
Texas Animal Health Commission (TAHC) in its regulations in the Texas 
Administrative Code as part of that agency's program to control and 
eradicate fever ticks within Texas. The Animal and Plant Health 
Inspection Service (APHIS) reproduces the TAHC's description of the 
quarantined area in Sec. 72.5 of the regulations in order to define the 
area of Texas from which the interstate movement of cattle is 
restricted to prevent the spread of splenetic or tick fever from that 
State.
    During a review of our existing regulations, we concluded that the 
description of the quarantined area in Texas was not in agreement with 
the most recent description of that area promulgated by the TAHC in its 
regulations. Further, we concluded that it would be possible to omit 
the description of the quarantined area in Texas from our regulations, 
thereby eliminating six full pages of text from part 72, without 
negatively affecting our ability to provide for the inspection and 
treatment of cattle moved interstate from the Texas quarantined area.
    We based this latter conclusion on the fact that all affected 
livestock owners within the Texas quarantined area are notified of 
their status by the TAHC under Secs. 167.006 and 167.023 of the Texas 
Agriculture Code, and on the fact that the boundaries of the 
quarantined area in Texas are described in the TAHC's regulations in 
Sec. 41.2 of title 4, part II, Texas Administrative Code (4 TAC 41.2). 
On the basis of those findings, we are proposing to remove the 
description of the Texas quarantined area in Sec. 72.5 of our 
regulations and incorporate 4 TAC 41.2 by reference, thus ensuring that 
the inspection and treatment requirements of part 72 continue to be 
linked to a readily available description of the quarantined area in 
Texas.
    The requirements of the Office of the Federal Register regarding 
the proper language of incorporation, which are found in 1 CFR 51.9(b), 
state that the language incorporating a publication by reference is 
precise and complete if it: (1) Uses the words ``incorporated by 
reference;'' (2) states the title, date, edition, author, publisher, 
and identification number of the publication; (3) informs the user that 
the incorporated publication is a requirement; (4) makes an official 
showing that the publication is in fact available by stating where and 
how copies may be examined and readily obtained with maximum 
convenience to the user; and (5) refers to 5 U.S.C. 552(a).
    To comply with those requirements, we are proposing to revise 
Sec. 72.5 to state that the area quarantined in Texas is the permanent 
quarantined area described in 4 TAC 41.2, which is incorporated by 
reference. Section 72.5 would also state that the incorporation by 
reference was approved by the Director of the Federal

[[Page 17574]]

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and that 
copies of 4 TAC 41.2 may be obtained from the central office of the 
TAHC at 2105 Kramer Lane, Austin, TX 78758, or from area offices, which 
are listed in local Texas telephone directories, or from the TAHC's 
Internet homepage (www.tahc.state.tx.us/). Finally, Sec. 72.5 would 
inform the reader that copies may also be inspected at APHIS' offices 
in Riverdale, MD, or at the Office of the Federal Register in 
Washington, DC.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would amend the Texas (splenetic) fever in 
cattle regulations to incorporate by reference the description of fever 
tick eradication areas contained in the Texas Administrative Code. 
Incorporating the TAHC's description of fever tick eradication areas by 
reference rather than continuing to reproduce the description in our 
regulations would eliminate the need for APHIS to maintain an up-to-
date description of the quarantined area in Texas and reduce the volume 
of material included in our regulations, while continuing to provide 
for the treatment and inspection of cattle moved from the tick 
eradication area in Texas.
    Our proposal to incorporate the description of fever tick 
eradication areas in Texas contained in the Texas Administrative Code 
is not expected to have an economic impact on any entities, large or 
small, because the description of Texas' tick eradication areas, which 
are defined and established by the TAHC, have merely been reproduced in 
APHIS' regulations in part 72. There would be no change in the 
quarantined area in Texas as a result of its description being removed 
from part 72, so no livestock or property owners in Texas would be 
affected by this proposed rule.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
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 proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are in conflict with this rule will 
be preempted; (2) no retroactive effect will be given to this rule; and 
(3) administrative proceedings will not be required 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.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

List of Subjects in 9 CFR Part 72

    Animal diseases, Cattle, Quarantine, Transportation.
    Accordingly, we are proposing to amend 9 CFR part 72 as follows:

PART 72--TEXAS (SPLENETIC) FEVER IN CATTLE

    1. The authority citation for part 72 would continue to read as 
follows:

    Authority: 21 U.S.C. 111-113, 115, 117, 120, 121, 123-126, 134b, 
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).

    2. Section 72.5 would be revised to read as follows:


Sec. 72.5  Area quarantined in Texas.

    The area quarantined in Texas is the permanent quarantined area 
described in the regulations of the Texas Animal Health Commission 
(TAHC) in Sec. 41.2 of title 4, part II, of the Texas Administrative 
Code (4 TAC 41.2), which is incorporated by reference. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from the TAHC at 2105 Kramer Lane, Austin, TX 78758, 
and from area offices of the TAHC, which are listed in local Texas 
telephone directories. The TAHC also maintains a copy of its 
regulations on its Internet homepage at http://www.tahc.state.tx.us/. 
Copies may be inspected at the Animal and Plant Health Inspection 
Service, Veterinary Services, Emergency Programs, Suite 3B08, 4700 
River Road, Riverdale, MD, or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.

    Done in Washington, DC, this 6th day of April 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-9007 Filed 4-9-99; 8:45 am]
BILLING CODE 3410-34-P