[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Rules and Regulations]
[Pages 18466-18467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9209]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 72

[Docket No. 01-110-1]


Texas (Splenetic) Fever in Cattle; Incorporation by Reference

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Texas (splenetic) fever in cattle 
regulations by updating the incorporation by reference of the Texas 
Animal Health Commission's regulations that contain the description of 
the areas in Texas quarantined because of ticks. This action is 
necessary to update the incorporation by reference to reflect the 
effective date of the current Texas Animal Health Commission's 
regulations that describe the quarantined area.

DATES: This interim rule is effective April 16, 2002. The incorporation 
by reference provided for by this rule is approved by the Director of 
the Federal Register as of April 16, 2002. We will consider all 
comments we receive that are postmarked, delivered, or e-mailed by June 
17, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-110-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-110-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
01-110-1'' on the subject line.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Dave Wilson, Senior Staff 
Entomologist, Emergency Programs Staff, VS, APHIS, 4700 River Road Unit 
41, Riverdale, MD 20737-1231; (301) 734-8073.

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 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.
    Section 72.3 quarantines Guam, the Northern Mariana Islands, Puerto 
Rico, and the U.S. Virgin Islands. Previously, Sec. 72.5 specifically 
described the area in Texas that was quarantined because of ticks. 
However, in a final rule published in the Federal Register on July 30, 
1999 (64 FR 41265-41266, Docket No. 96-067-2), we replaced that 
description with an incorporation by reference of the Texas Animal 
Health Commission's (TAHC) regulations in Sec. 41.2 of title 4, part 
II, Texas Administrative Code (4 TAC 41.2), that describe the 
quarantined area in Texas. The effective date of the TAHC regulations 
that we incorporated by reference was July 22, 1994.
    On March 30, 2001, the TAHC published a document in the Texas 
Register (26 TexReg 2534) in which it adopted amendments to the tick 
quarantine zone described in 4 TAC 41.2. Those amendments became 
effective on April 8, 2001. Therefore, in order for our regulations to 
accurately reflect the effective date of the current TAHC regulations 
in 4 TAC 41.2, we are amending the incorporation by reference in 
Sec. 72.5 to specify the April 8, 2001, effective date of the current 
TAHC regulations.

Immediate Action

    Immediate action is necessary to update the regulations to ensure 
that they accurately describe the areas of Texas quarantined because of 
ticks, which will help prevent the spread of splenetic fever. Under 
these circumstances, the Administrator has determined that prior notice 
and opportunity for public comment are contrary to the public interest 
and that there is good cause under 5 U.S.C. 553 for making this rule 
effective less than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule as a result of the comments.

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 
process required by Executive Order 12866.
    The Animal and Plant Health Inspection Service's (APHIS) 
regulations in 9 CFR part 72 restrict the interstate movement of cattle 
from areas quarantined because of the presence of ticks that are 
vectors of bovine babesiosis, also known as splenetic or tick fever. 
The TAHC's regulations in 4 TAC 41.2 describe the quarantined area in 
Texas; those TAHC regulations are incorporated by reference in APHIS' 
regulations in Sec. 72.5.
    This rule will update the incorporation by reference in Sec. 72.5 
so that it refers to the currently effective TAHC regulations 
describing the quarantined area in Texas. We do not expect this rule to 
have an economic effect on any entities, large or small, because the 
description of Texas' tick eradication areas is defined and established 
by the TAHC; this rule simply updates our regulations so they refer to 
the current description of those areas in the TAHC's regulations.
    As of September 30, 2001, only 14 premises were quarantined by the 
TAHC. APHIS' regulations require that cattle from these premises be 
dipped,

[[Page 18467]]

inspected, and certified before they are moved interstate. Costs 
related to these activities are very small, particularly when compared 
to benefits to the Nation of the cattle fever tick eradication program 
in preventing the spread of this disease.
    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 interim rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1994 
(44 U.S.C. 3501 et seq.).

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 371.4.


Sec. 72.5  [Amended]

    2. In Sec. 72.5, the first sentence is amended by removing the date 
``July 22, 1994'' and adding the date ``April 8, 2001'' in its place.

    Done in Washington, DC, this 10th day of April 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-9209 Filed 4-15-02; 8:45 am]
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