[Federal Register: February 24, 2004 (Volume 69, Number 36)]
[Rules and Regulations]
[Page 8328-8329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe04-4]
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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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