[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Rules and Regulations]
[Pages 8328-8329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3722]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 72

[Docket No. 04-008-1]


Texas (Splenetic) Fever in Cattle; Incorporation by Reference

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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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 Texas 
Animal Health Commission's changes to the organization of its 
regulations that describe the quarantined area.

DATES: This rule is effective February 24, 2004. The incorporation by 
reference provided for by this rule is approved by the Director of the 
Federal Register as of February 24, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Glen Garris, Assistant Associate 
Deputy Administrator for National Animal Health Policy and Programs, 
VS, APHIS, 4700 River Road Unit 33, Riverdale, MD 20737-1231; (301) 
734-5875.

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.
    In a rule effective on April 8, 2001, the TAHC amended the tick 
quarantine zone described in 4 TAC 41.2; consequently, we amended the 
incorporation by reference in our regulations in Sec.  72.5 to reflect 
the effective date of the amended TAHC regulations (see 67 FR 18466-
18467, Docket No. 01-110-1).
    In a final rule published in the Texas Register on June 14, 2002, 
and effective June 23, 2002 (27 TexReg 5175-5176), the TAHC revised, in 
their entirety, its regulations concerning fever ticks. In that final 
rule, the TAHC reorganized its regulations to list each county 
containing quarantined areas in a separate section. Thus, the 
description of the quarantined area that had been found in 4 TAC 41.2 
is now distributed across Sec. Sec.  41.14 through 41.22 of title 4, 
part II, Texas Administrative Code. The boundaries of the quarantined 
areas described were not affected by this reorganization.

[[Page 8329]]

    Therefore, in order for our regulations to reflect the TAHC's 
reorganization of its regulations concerning fever ticks, we are 
amending the incorporation by reference in Sec.  72.5 to cite 4 TAC 
41.14 through 41.22 as the location of the TAHC's regulations 
describing areas quarantined for fever ticks and to specify the June 
23, 2002, effective date of the current TAHC regulations.

Effective Date

    We are taking this action to update our regulations with respect to 
changes that have already occurred in the organization of the TAHC's 
regulations that describe the areas of Texas quarantined because of 
ticks. It does not appear that public participation in this rulemaking 
proceeding would make additional relevant information available to the 
Department.
    Accordingly, pursuant to the administrative procedure provisions in 
5 U.S.C. 553, we find upon good cause that prior notice and other 
public procedure with respect to this rule are unnecessary. We also 
find good cause for making this rule effective less than 30 days after 
publication in the Federal Register.

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.
    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 describing the quarantined area in Texas are 
incorporated by reference in APHIS' regulations in Sec.  72.5.
    This rule updates the incorporation by reference in Sec.  72.5 so 
that it reflects the changes made by the TAHC to its regulations 
describing the quarantined areas in Texas. The amendments in this rule 
are entirely administrative in nature, thus we do not expect this rule 
will have an economic effect on any entities, large or small.
    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 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 72

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

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

PART 72--TEXAS (SPLENETIC) FEVER IN CATTLE

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

    Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

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2. Section 72.5 is revised to read as follows:


Sec.  72.5  Area quarantined in Texas.

    The area quarantined in Texas is the quarantined area described in 
the regulations of the Texas Animal Health Commission (TAHC) contained 
in Sec. Sec.  41.14 through 41.22 of title 4, part II, of the Texas 
Administrative Code (4 TAC 41.14 through 41.22), effective June 23, 
2002, 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 
41.14 through 41.22 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, 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 13th day of February 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-3722 Filed 2-23-04; 8:45 am]
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