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