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 

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 

■ 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. 

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Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Rules and Regulations 8961 

§ 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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: 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: 

Background 

On May 14, 2009, Embraer S.A. 

applied for a type certificate for their 

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 

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 

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