[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]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 146 / Friday, July 30, 1999 / Rules
and Regulations
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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.
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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.Wilson@usda.gov.
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]
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