[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Rules and Regulations]
[Pages 41265-41266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19421]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 64, No. 146 / Friday, July 30, 1999 / Rules 
and Regulations  

[[Page 41265]]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 72

[Docket No. 96-067-2]


Texas (Splenetic) Fever in Cattle; Incorporation by Reference

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending 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 change in the regulations will eliminate the need for 
us to maintain a description of the Texas quarantined area in our 
regulations, which will reduce 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.

EFFECTIVE DATE: August 30, 1999. The incorporation by reference 
provided for by this rule is approved by the Director of the Federal 
Register as of August 30, 1999.

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.
    On April 12, 1999, we published in the Federal Register (64 FR 
17573-17574, Docket No. 96-067-1) a proposed rule to amend the 
regulations by removing the description of the quarantined area in 
Texas from Sec. 72.5 and replacing it with an incorporation by 
reference of the Texas Animal Health Commission's (TAHC's) regulations 
in title 4 of the Texas Administrative Code that describe the same 
area.
    We solicited comments concerning our proposed rule for 60 days 
ending on June 11, 1999. We did not receive any comments. Therefore, 
for the reasons given in the proposed rule, we are adopting the 
proposed rule as a final rule, without change.

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.
    This rule amends 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 
eliminates the need for the Animal and Plant Health Inspection Service 
(APHIS) to maintain an up-to-date description of the quarantined area 
in Texas and reduces 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 incorporation by reference of the Texas Administrative Code's 
description of fever tick eradication areas in Texas is not expected to 
have an economic impact on any entities, large or small, because it is 
the TAHC that defines and establishes the boundaries of the tick 
eradication areas in Texas; that description has merely been reproduced 
in APHIS' regulations in part 72. There will 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 will be 
affected by this rule.
    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.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary

[[Page 41266]]

regulations and to find less burdensome ways to achieve regulatory 
goals.

List of Subjects in 9 CFR Part 72

    Animal diseases, Cattle, Incorporation by reference, Quarantine, 
Transportation.

    Accordingly, we are amending 9 CFR part 72 as follows:

PART 72--TEXAS (SPLENETIC) FEVER IN CATTLE

    1. The authority citation for part 72 continues 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 is 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) contained in Sec. 41.2 of title 4, part II, of the Texas 
Administrative Code (4 TAC 41.2), effective July 22, 1994, 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 of 4 TAC 41.2 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 23rd day of July 1999.
Alfonso Torres,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-19421 Filed 7-29-99; 8:45 am]
BILLING CODE 3410-34-P