Texas (Splenetic) Fever in Cattle, 8960-8961 [2013-02784]

Download as PDF 8960 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Rules and Regulations (2) Inspectors from the NPPO of the Philippines must inspect a biometric sample of the fruit from each place of production at a rate to be determined by APHIS. The inspectors must visually inspect for quarantine pests listed in the introductory text of this section and must cut fruit to inspect for quarantine pests that are internal feeders. If Bactrocera spp. fruit flies are found upon inspection, the export program will be suspended until an investigation has been conducted by APHIS and the NPPO of the Philippines and appropriate mitigations have been implemented. If other quarantine pests are detected in this inspection, the consignment will be destroyed and the registered place of production will be rejected from the export program. (i) Phytosanitary certificate. Each consignment of fruit must be accompanied by a phytosanitary certificate issued by the NPPO of the Philippines that contains an additional declaration stating that the bananas in the consignment were grown, packed, and inspected in accordance with the systems approach in 7 CFR 319.56–58. (Approved by the Office of Management and Budget under control number 0579–0394) Done in Washington, DC, this 4th day of February 2013. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2013–02775 Filed 2–6–13; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 72 [Docket No. APHIS–2012–0069] Texas (Splenetic) Fever in Cattle Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. AGENCY: 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 mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:58 Feb 06, 2013 Jkt 229001 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 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. 2. The heading of part 72 is revised to read as set forth above. ■ 3. Section 72.1 is revised to read as follows: ■ § 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. ■ 4. Section 72.2 is amended as follows: ■ a. By revising the section heading to read as set forth below. ■ 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. E:\FR\FM\07FER1.SGM 07FER1 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Rules and Regulations § 72.2 * Restrictions on movement of cattle. * § 72.13 * * * [Amended] 5. Section 72.13 is amended as follows: ■ a. In paragraph (b) introductory text, by removing the word ‘‘Department’’ and by adding the words ‘‘U.S. Department of Agriculture’’ in its place. ■ 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] BILLING CODE 3410–34–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2012–1200; Special Conditions No. 25–475–SC] Special Conditions: Embraer S.A., Model EMB–550 Airplane; Hydrophobic Coatings in Lieu of Windshield Wipers Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. AGENCY: These special conditions are issued for the Embraer S.A., Model EMB–550 airplane. This airplane will have a novel or unusual design feature(s) associated with hydrophobic coatings. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: Effective Date: March 11, 2013. FOR FURTHER INFORMATION CONTACT: Paul Bernado, FAA, Airplane and Flight Crew Interface Branch, ANM–111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057–3356; telephone 425–227–1209; facsimile 425–227–1320. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: Background On May 14, 2009, Embraer S.A. applied for a type certificate for their VerDate Mar<15>2010 16:09 Feb 06, 2013 Jkt 229001 new Model EMB–550 airplane. The Model EMB–550 airplane is the first of a new family of jet airplanes designed for corporate flight, fractional, charter, and private owner operations. The aircraft has a conventional configuration with low wing and T-tail empennage. The primary structure is metal with composite empennage and control surfaces. The Model EMB–550 airplane is designed for 8 passengers, with a maximum of 12 passengers. It is equipped with two Honeywell HTF7500–E medium bypass ratio turbofan engines mounted on aft fuselage pylons. Each engine produces approximately 6,540 pounds of thrust for normal takeoff. The primary flight controls consist of hydraulically powered fly-by-wire elevators, aileron and rudder, controlled by the pilot or copilot sidestick. The Model EMB–550 airplane will use a hydrophobic coating on the windshield in lieu of windshield wipers. The existing regulation, Title 14, Code of Federal Regulations (14 CFR) 25.773(b)(1), requires a means to maintain a sufficiently clear portion of the windshield for both pilots to have sufficiently extensive view along the flight path during precipitation conditions in heavy rain at speeds up to 1.5 VSR1. The heavy rain and high speed conditions in the rule do not necessarily represent the limiting condition for this new technology. For example, airflow over the windshield may be necessary to remove moisture, but may not be adequate to maintain a sufficiently clear area of the windshield in low speed flight or during surface operations. Alternatively, airflow over the windshield may be disturbed during critical times such as the approach to land, where the airplane is at higherthan-normal pitch angle. Type Certification Basis Under the provisions of 14 CFR 21.17, Embraer S.A. must show that the Model EMB–550 airplane meets the applicable provisions of part 25, as amended by Amendments 25–1 through 25–127 thereto. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model EMB–550 airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 8961 incorporates the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. In addition to the applicable airworthiness regulations and special conditions, the Embraer S.A. Model EMB–550 airplane must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36 and the FAA must issue a finding of regulatory adequacy under § 611 of Public Law 92–574, the ‘‘Noise Control Act of 1972.’’ The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type-certification basis under § 21.17(a)(2). Novel or Unusual Design Features The Embraer S.A. Model EMB–550 airplane will incorporate the following novel or unusual design features: The Model EMB–550 airplane has a hydrophobic coating on the windshield to provide adequate pilot compartment view in precipitation in lieu of windshield wipers. Discussion 14 CFR 25.773(b)(1) requires a means to maintain a clear portion of the windshield for both pilots to have a sufficiently extensive view along the flight path during precipitation conditions. The regulations require this means to maintain such an area during precipitation in heavy rain at speeds up to 1.5 VSR1. The requirement that the means to maintain a clear area of forward vision must function at high speeds and high precipitation rates is based on the use of windshield wipers as the means to maintain an adequate area of clear vision in precipitation conditions. The requirement in 14 CFR 121.313(b), and in 14 CFR 125.213(b), to provide ‘‘a windshield wiper or equivalent for each pilot station’’ has remained unchanged since at least 1953. The effectiveness of windshield wipers to maintain an area of clear vision normally degrades as airspeed and precipitation rates increase. It is assumed that because high speeds and high precipitation rates represent limiting conditions for windshield wipers, they will also be effective at lower speeds and precipitation levels. Accordingly, § 25.773(b)(1)(i) does not require maintenance of a clear area of forward vision at lower speeds or lower precipitation rates. A forced airflow blown directly over the windshield has also been used to maintain an area of clear vision in precipitation. The limiting conditions E:\FR\FM\07FER1.SGM 07FER1

Agencies

[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Rules and Regulations]
[Pages 8960-8961]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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

0
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.


0
2. The heading of part 72 is revised to read as set forth above.


0
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.

0
4. Section 72.2 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
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.

* * * * *


Sec.  72.13  [Amended]

0
5. Section 72.13 is amended as follows:
0
a. In paragraph (b) introductory text, by removing the word 
``Department'' and by adding the words ``U.S. Department of 
Agriculture'' in its place.
0
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]
BILLING CODE 3410-34-P