[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Rules and Regulations]
[Pages 8960-8961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02784]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 72

[Docket No. APHIS-2012-0069]


Texas (Splenetic) Fever in Cattle

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Texas (Splenetic) Fever regulations by 
updating the scientific names for the ticks that transmit the disease, 
listing additional names for the disease, and removing all products 
except coumaphos from the list of dips permitted for use on cattle in 
interstate movement. These actions are necessary to update and clarify 
the regulations.

DATES: Effective Date: February 7, 2013

FOR FURTHER INFORMATION CONTACT: Dr. Matthew T. Messenger, Staff 
Entomologist, Cattle Fever Tick Eradication Program Manager, VS, APHIS, 
4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 851-3421.

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 of the United States that are 
quarantined because of ticks that are vectors for bovine babesiosis. 
The 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 72.1 lists the scientific names for ticks capable of 
transmitting microscopic parasites (Babesia) that cause bovine 
babesiosis. We are amending the list by clarifying that Margaropus 
annulatus is now considered a distinct species, and the genus Boophilus 
has been reclassified as a subgenus of the genus Rhipicephalus. In 
addition, we are removing R. evertsi evertsi from the list since this 
species is endemic to Africa and does not have established populations 
in North America.
    Section 72.2 lists areas of the United States where splenetic or 
tick fever exists in cattle. We are amending this section to indicate 
that the terms southern fever, cattle fever, Texas fever, bovine 
piroplasmosis, redwater, and bovine babesiosis all refer to the same 
disease.
    Section 72.13 concerns tickicidal dips for cattle and dipping 
procedures. Paragraph (b) lists the dips permitted for use on cattle in 
interstate movement. We are amending paragraph (b) by removing all dips 
except coumaphos, which is the only product being used currently. All 
other products have been removed from the market and their 
Environmental Protection Agency registration canceled by the 
manufacturers.
    Currently, the title of part 72 is ``Texas (Splenetic) Tick Fever 
in Cattle.'' We are changing the title of the part to ``Bovine 
Babesiosis'' for the sake of clarity and technical accuracy.

Executive Orders 12866 and 12988 and Regulatory Flexibility Act

    This rule relates to internal agency management. Therefore, this 
rule is exempt from the provisions of Executive Orders 12866 and 12988. 
Moreover, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and 
opportunity for comment are not required for this rule, and it may be 
made effective less than 30 days after publication in the Federal 
Register. In addition, under 5 U.S.C. 804, this rule is not subject to 
Congressional review under the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121. Finally, this action is not a 
rule as defined by 5 U.S.C. 601 et seq., the Regulatory Flexibility 
Act, and thus is exempt from the provisions of that Act.

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.)

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.).

List of Subjects in 9 CFR Part 72

    Animal diseases, Cattle, Quarantine, Transportation.

    Accordingly, 9 CFR part 72 is amended as follows:

PART 72--BOVINE BABESIOSIS

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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. The heading of part 72 is revised to read as set forth above.


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3. Section 72.1 is revised to read as follows:


Sec.  72.1  Interstate movement of infested or exposed animals 
prohibited.

    No animals infested with ticks [Boophilus annulatus or 
Rhipicephalus (Boophilus) annulatus, Margaropus annulatus, Boophilus 
microplus or Rhipicephalus (Boophilus) microplus, or Babesiasis 
(Babesiosis) species vectors of Margaropus, Rhipicephalus, Amblyomma, 
Demacentor, or Ixodes] or exposed to tick infestation may be moved 
interstate, except as provided in this part.

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4. Section 72.2 is amended as follows:
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a. By revising the section heading to read as set forth below.
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b. In the first sentence of the section, by removing the word 
``splenetic'' and adding the words ``bovine piroplasmosis, bovine 
babesiosis, redwater, or splenetic, southern, cattle, Texas'' in its 
place.

[[Page 8961]]

Sec.  72.2  Restrictions on movement of cattle.

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Sec.  72.13  [Amended]

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5. Section 72.13 is amended as follows:
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a. In paragraph (b) introductory text, by removing the word 
``Department'' and by adding the words ``U.S. Department of 
Agriculture'' in its place.
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b. By removing paragraphs (b)(1), (b)(3), and (b)(4), by redesignating 
paragraph (b)(2) as paragraph (b)(1), and by adding and reserving a new 
paragraph (b)(2).

    Done in Washington, DC, this 4th day of February 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-02784 Filed 2-6-13; 8:45 am]
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