This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

41652 

Vol. 79, No. 137 

Thursday, July 17, 2014 

1Currently, § 93.400 defines fever tick as 

Boophilus annulatus. However, for the purposes of 

this document, fever tick means Rhipicephalus 

annulatus and Rhipicephalus microplus. We 

discuss this at greater length later in this document. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 93 

[Docket No. APHIS–2012–0073] 

RIN 0579–AD91 

Cattle Fever Tick; Importation 

Requirements for Ruminants From 

Mexico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to recognize 

the State of Sonora as a region in 

Mexico that is free of fever ticks. We 

would also establish an exemption from 

acaricide dipping treatment 

requirements, and the documentation 

requirements associated with such 

dipping, that are currently applicable to 

cattle and other ruminants originating 

from Sonora as a condition of eligibility 

for entry to the United States, provided 

that certain conditions are met. This 

proposed action would remove 

restrictions on the importation of cattle 

and other ruminants from Sonora that 

we believe are no longer necessary and 

reduce the costs associated with tick 

dipping for exporters and importers of 

ruminants. 

DATES: We will consider all comments 

that we receive on or before September 

15, 2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to: 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2012-0073. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0073, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS-2012-0073 or 

in our reading room, which is located in 

Room 1141 of the USDA South 

Building, 14th Street and Independence 

Avenue SW., Washington, DC. Normal 

reading room hours are 8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Betzaida Lopez, Senior Staff 

Veterinarian, National Import Export 

Services, VS, APHIS, 4700 River Road 

Unit 39, Riverdale, MD 20737; (301) 

851–3300. 

SUPPLMENTARY INFORMATION: 

Background 

The regulations in 9 CFR part 93 

prohibit or restrict the importation of 

certain animals, birds, and poultry into 

the United States to prevent the 

introduction of communicable diseases 

of livestock and poultry. Subpart D of 

part 93 (§§ 93.400 through 93.436, 

referred to below as the regulations) 

governs the importation of ruminants; 

within subpart D, §§ 93.424 through 

93.429 specifically address the 

importation of various ruminants from 

Mexico into the United States. 

In § 93.426, paragraph (a) provides 

that all ruminants offered for entry into 

the United States from Mexico must be 

inspected at a port of entry in order to 

determine whether they are infested 

with fever ticks 1 or are affected with or 

have been exposed to a communicable 

disease. Except for ruminants imported 

under § 93.427(b)(2), which we discuss 

below, ruminants found to be infected 

with or exposed to a communicable 

disease will be refused entry. 

Section 93.427 contains conditions to 

mitigate the risk of the spread of fever 

ticks, tuberculosis, and brucellosis to 

U.S. livestock via the importation of 

cattle and other ruminants from Mexico. 

Paragraph (b) specifically addresses 

fever ticks, with (b)(1) containing 

requirements for ruminants that have 

not been exposed to any communicable 

disease, including the fever-tick-borne 

disease bovine babesiosis (currently 

referred to in the regulations as 

splenetic, southern, or tick fever), and 

(b)(2) containing requirements for 

ruminants that have been exposed to 

bovine babesiosis or found to be 

infested with or exposed to fever ticks. 

Under paragraph (b)(1), cattle that 

have not been exposed to bovine 

babesiosis and have not been infested 

with or exposed to fever ticks may be 

imported into the United States through 

any port of entry, provided that: 

• The cattle are accompanied by a 

certificate showing that they were 

examined by a veterinarian and 

determined to be free from 

communicable diseases and not to have 

been exposed to such diseases in the 60 

days prior to movement to the port of 

entry; 

• The cattle were loaded into cleaned 

and disinfected cars or trucks, if moved 

by rail or truck; and that, while en route 

to the port of entry, they were not 

trailed or driven through any area 

infested with fever ticks. 

• The cattle are treated at the port of 

entry with an Animal and Plant Health 

Inspection Service (APHIS)-approved 

tickicidal dip once, under the 

supervision of an APHIS inspector. 

Under paragraph (b)(2) of § 93.427, 

cattle that have been exposed to bovine 

babesiosis or that have been infested 

with or exposed to fever ticks, may be 

imported from Mexico into the United 

States, provided that: 

• The cattle were inspected by a 

veterinarian in Mexico and, in the 

determination of the veterinarian, are 

free from fever ticks and all evidence of 

communicable diseases, and have not 

been exposed to communicable 

diseases, other than bovine babesiosis, 

during the 60 days prior to movement 

to a port of entry into the United States. 

• The cattle were treated with an 

APHIS-approved tickicidal dip in 

Mexico within 7 to 12 days before being 

offered for entry into the United States. 

(Paragraph (b) of 9 CFR 72.13 lists 

approved tickicidal dips.) 

• The cattle are accompanied by a 

certificate issued in accordance with 

§ 93.405 that states that this inspection 

and dipping have occurred. (Section 

93.405 of the regulations contains 

conditions for the issuance of such 

certificates.) 

• The cattle are presented for entry 

into the United States at the port of 

entry at Santa Teresa, NM, or a port of 

entry within Texas that has been 

approved by APHIS. (APHIS-approved 


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2The assessment is available on the 

Regulations.gov Web site (see ADRESSES above) or 

by contacting the person listed in this document 

under the heading FOR FURTHER INFORMATION

CONTACT. 

ports of entry within Texas are listed in 

§ 93.403(c).) 

• The importer, or his or her agent, 

executes and delivers to the inspector at 

the port of entry an application for 

inspection and supervised dipping. In 

this application, the importer, or his or 

her agent, agrees to waive all claims 

against the United States for any loss or 

damage to the cattle occasioned by or 

resulting from this dipping, or resulting 

from the fact that they are later found to 

still be infested with ticks, and to any 

loss or damage to cattle that come in 

contact with these cattle. 

• When offered for entry, the cattle 

receive an inspection by an inspector. If 

free from fever ticks, the cattle are 

treated once with an APHIS-approved 

tickicidal dip 7 to 14 days after the 

dipping in Mexico referred to above. If 

found to be infested with fever ticks, 

then the cattle are refused entry and 

may not be inspected again at a port of 

entry until they are again dipped and 10 

to 14 days have elapsed. 

• The cattle are not imported into an 

area of Texas quarantined for bovine 

babesiosis, or for tick infestation. 

(Information regarding such quarantined 

areas is found in 9 CFR 72.5.) 

The Mexican State of Sonora has 

submitted requests to be evaluated for 

their fever tick status in accordance 

with our process for evaluating a foreign 

region’s animal health status, which is 

described in § 92.2. 

In response to these requests, we have 

prepared a risk assessment that 

evaluates the fever tick status of 

Sonora.2 Based on that assessment, we 

have reason to believe that cattle that 

are born and produced in Sonora, have 

neither been exposed to nor infested 

with fever ticks, and have, accordingly, 

not been exposed to bovine babesiosis 

present a low likelihood of exposing 

U.S. livestock to fever ticks via 

importation into the United States. 

We are, therefore, proposing to 

recognize Sonora as free of fever ticks 

and to establish an exemption for cattle 

imported into the United States from 

Sonora from the acaricide dipping 

treatment requirements, and the 

documentation requirements associated 

with such dipping, that are currently 

applicable to cattle or other ruminants 

imported from all regions of Mexico, 

provided that certain conditions are 

met. Those conditions are discussed in 

greater detail below. This proposed 

action would remove restrictions on the 

importation of cattle and other 

ruminants from Sonora that we believe 

are no longer necessary and would 

reduce the costs associated with tick 

dipping for exporters and importers. 

Cattle From Regions of Mexico That 

APHIS Has Determined To Be Free 

From Fever Ticks 

As noted above, current § 93.427(b)(1) 

contains import requirements for cattle 

from Mexico that have not been exposed 

to bovine babesiosis, while paragraph 

(b)(2) contains requirements for those 

that have. This proposed rule, in 

addition to making substantive changes 

to the regulations, such as exempting 

cattle from tick-free regions from 

acaricide dipping, would reorganize 

paragraph (b), placing the requirements 

for cattle from such regions in paragraph 

(b)(1) and those for the remainder of 

Mexico in (b)(2). 

The introductory text of proposed 

paragraph (b)(1) would state that APHIS 

has evaluated certain regions of Mexico 

in accordance with § 92.2 and 

determined that they are free from fever 

ticks; a list of all such regions would be 

found on the Internet at http://

www.aphis.usda.gov/wps/portal/aphis/

ourfocus/importexport. Copies of the 

list would also be available by 

contacting APHIS at the postal address 

that would be listed in the regulations. 

The paragraph would further note that 

regions could be removed from the list 

based on a determination by APHIS that 

fever ticks exist in the region, on the 

discovery of tick-infested cattle from 

that region at a port of entry into the 

United States, or on information 

provided by a representative of the 

government of that region that fever 

ticks exist in the region. 

Proposed (b)(1)(i) would state that 

cattle imported from regions of Mexico 

that APHIS has determined to be free 

from fever ticks would have to be 

accompanied by a certificate issued in 

accordance with § 93.405 that states that 

the cattle originate from such a region 

of Mexico. This requirement would 

provide us with written documentation 

from a competent Mexican veterinary 

authority regarding the origin of the 

cattle and would facilitate traceback in 

the unlikely event that any cattle from 

a tick-free region of Mexico are 

determined to be infested with fever 

ticks during an inspection at a port of 

entry on the Mexican border. 

Proposed paragraph (b)(1)(ii) would 

state that if the cattle will transit 

through an area of Mexico that we have 

not determined to be free from fever 

ticks, they would have to be moved in 

a sealed means of conveyance. This 

proposed requirement would prevent 

the commingling of cattle from tick-free 

regions with cattle that are not from 

such regions during transit through 

Mexico prior to export to the United 

States. 

Proposed paragraph (b)(1)(iii) would 

state that the cattle must be presented 

for entry into the United States at a port 

of entry listed in § 93.403(c). This 

paragraph represents an editorial rather 

than a substantive change, since cattle 

from Mexico that have not been exposed 

to bovine babesiosis are already subject 

to the general requirement in § 93.426 

that ruminants from Mexico must be 

imported through ports designated in 

§ 93.403. The port-of-entry requirement 

is intended to ensure that ruminants 

imported from Mexico enter the United 

States through land border ports with 

adequate inspection and quarantine 

facilities. 

Proposed paragraph (b)(1)(iv) would 

state that the cattle must be segregated 

at the U.S. port of entry from cattle from 

regions of Mexico that have not been 

determined to be free of fever ticks. This 

proposed requirement would prevent 

cattle from tick-free regions from 

commingling at the port of entry with 

cattle that may have been exposed to 

bovine babesiosis. 

Proposed paragraph (b)(1)(v) would 

state that the importer, or his or her 

agent, would have to execute and 

deliver to the inspector at the port of 

entry an application for inspection or 

supervised dipping. In this application, 

the importer, or his or her agent, would 

have to agree to waive all claims against 

the United States for any loss or damage 

to the cattle occasioned by or resulting 

from inspection or dipping or from the 

fact that the cattle are later found still 

to be tick infested and for any loss or 

damage to any other cattle in the 

importer’s possession or control that 

come in contact with the dipped cattle. 

This paragraph is largely incorporated, 

with minor editorial changes, from 

§ 93.427(b)(2)(iii) of the existing 

regulations, differing substantively in 

that the proposed rule would allow the 

importer to apply either for inspection 

or supervised dipping, rather than 

requiring him or her to apply for both, 

as the regulations do now. 

Proposed paragraph (b)(1)(vi) would 

state that the cattle must either be 

inspected by an APHIS inspector at the 

port of entry for evidence of tick 

infestation, or be treated with an APHISapproved tickicidal dip under the 

supervision of an inspector at the port 

of entry. 

As noted above, the existing 

regulations require that all cattle from 

Mexico must, among other things, 

undergo a tick dip under the 

supervision of an APHIS inspector at 


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the U.S. port of entry. As we have also 

noted, however, under this proposed 

rule, cattle from tick-free regions of 

Mexico would no longer be required to 

undergo a tick dip. We believe that, in 

lieu of a dip, an inspection at the port 

of entry is an adequate risk-mitigation 

measure because the exclusion and 

dipping requirements currently in place 

in Sonora are functionally equivalent to 

ours. We would, therefore, allow the 

exporter to choose between having the 

cattle inspected by an APHIS inspector 

at the port of entry or having the cattle 

undergo a tick dip there. Choosing the 

inspection option would allow the 

exporter to avoid the cost of the tick dip. 

Some exporters may still opt for the dip 

instead, however, because the dipping 

process is generally less timeconsuming than the inspection process. 

Finally, proposed paragraph (b)(1)(vii) 

would state that if any cattle in a 

shipment are determined, upon 

inspection at the port of entry, to be 

infested with fever ticks, the entire lot 

would be refused entry and, 

subsequently, could only be imported 

into the United States after meeting the 

conditions for the importation of cattle 

from regions of Mexico that APHIS has 

not determined to be free from fever 

ticks. As noted above, the finding of 

tick-infested cattle at the port of entry 

could result in the loss of the exporting 

region’s tick-free status. 

Cattle From Regions of Mexico That 

APHIS Has Not Determined To Be Free 

From Fever Ticks 

Because of the possibility that cattle 

imported from regions of Mexico that 

are not free of fever ticks have been 

exposed to bovine babesiosis, such 

imports would be allowed only under 

the conditions currently applicable to 

exposed cattle, which are contained in 

paragraph (b)(2) of § 93.427. In our 

proposed paragraph (b)(2), we would 

make some editorial revisions to make 

the regulations clearer and easier to read 

and would also make one substantive 

change, which we discuss below. 

The provisions contained in proposed 

paragraphs (b)(2)(i) through (b)(2)(v), 

which would be incorporated from the 

existing regulations, with the 

substantive change referred to above, 

would state that: 

• The cattle would have to be 

inspeced by a veterinarian in Mexico 

and determined to be free from fever 

ticks and all evidence of communicable 

diseases and not to have been exposed 

to communicable diseases, other gthan 

bovine babesiosis, during the 60 days 

prior to movement to a port of entry into 

the United States. 

• The cattle would have to be treated 

in Mexico with a tickicidal dip that is 

listed in § 72.13 within 7 to 14 days (the 

existing regulations list the range as 7 to 

12 days) before being offered for entry 

into the United States. 

• The cattle would have to be 

accompanied by a certificate issued in 

accordance with § 93.405 that states that 

this inspection and dipping have 

occurred. 

• The cattle would have to be 

presented for entry into the United 

States at the port of entry at Santa 

Teresa, NM, or a port of entry within 

Texas that is listed in § 93.403(c). 

• The importer, or his or her agent, 

would have to execute and deliver to 

the inspector at the port of entry an 

application for inspection and 

supervised dipping. In this application, 

the importer, or his or her agent, would 

agree to waive all claims against the 

United States for any loss or damage to 

the cattle occasioned by or resulting 

from this dipping or from the fact that 

the cattle are later found still to be 

infested with ticks and for any loss or 

damage to any other cattle in the 

importer’s possession or control that 

come in contact with the dipped cattle. 

Proposed paragraph (b)(2)(vi) contains 

port-of-entry inspection and dipping 

requirements. When offered for entry, 

the cattle would have to receive an 

inspection by an inspector. If found to 

be free from fever ticks, the cattle would 

have to be treated once at the port with 

a tickicidal dip listed in § 72.13. That 

dip would have to take place within 7 

to 14 days after the required dipping in 

Mexico. If found to be infested with 

fever ticks, the cattle would be refused 

entry and could not be inspected again 

at a port of entry until they are dipped 

a second time and 7 to 14 days have 

elapsed following the second dipping. 

Under the current regulations, the 

required interval before an inspection 

could take place following the second 

dipping at the port is 10 to 14 days. We 

have found operationally, however, that 

when cattle become infested with fever 

ticks, ticks will emerge and present 

evidence of infestation in as few as 7 

days. Throughout paragraph (b)(2), we 

would standardize the intervals between 

dips or between dips and inspections at 

7 to 14 days. That proposed interval is 

adequate to determine whether the 

tickicidal treatment has been effective. 

Finally, proposed paragraph (b)(2)(vii) 

would state that the cattle must not be 

imported into an area of Texas that is 

quarantined in accordance with § 72.5 

for bovine babesiosis, or for tick 

infestation. This provision, like most of 

the others in proposed § 93.427(b)(2), is 

incorporated from the existing 

regulations. 

Miscellaneous Amendments 

As we mentioned previously in 

footnote 1 of this document, § 93.400 of 

the regulations currently defines fever 

tick as Boophilus annulatus. However, 

the genus Boophilus has been 

reclassified as a subgenus of the genus 

Rhipicephalus. A final rule published in 

the Federal Register on February 7, 

2013 (78 FR 8960–8961, Docket No. 

APHIS–2012–0069) updated our 

domestic bovine babesiosis regulations 

in 9 CFR 72.1 to reflect this 

reclassification. Similarly, for the 

purposes of import requirements for 

ruminants from regions of North 

America, we operationally consider 

fever tick to refer to Rhipicephalus 

annulatus and Rhipicephalus 

microplus. We are proposing to amend 

the definition of fever tick to reflect this 

operational understanding. 

The amended definition would also 

provide that fever tick would include 

any other species of tick determined by 

the Administrator to be a vector of 

bovine babesiosis and specified on the 

Internet at the Web address provided in 

the regulations. This would provide the 

regulations with needed flexibility in 

the event that additional tick vectors of 

bovine babesiosis are discovered in 

North America. 

Additionally, while the regulations 

currently refer to the disease borne by 

fever ticks as splenetic, southern, or tick 

fever, the international taxonomic 

community favors the term bovine 

babesiosis. Accordingly, we would 

remove references to splenetic, 

southern, and tick fever from the 

regulations and replace them with the 

term bovine babesiosis. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. 

In accordance with 5 U.S.C. 603, we 

have performed an initial regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this proposed rule 

on small entities. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

We are proposing to recognize the 

Mexican State of Sonora as a region that 

is free of fever ticks. Further, while the 


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existing fever tick regulations require 

both inspection and supervised 

acaricide dipping at the port of entry for 

all cattle from Mexico, under this 

proposed rule, importers of cattle from 

Sonora would have to submit an 

application either for inspection or 

dipping, but not both. 

From 2009 to 2012, 1.26 million cattle 

were imported yearly from Mexico into 

the United States. About one-fourth 

came from Sonora. Cattle imported into 

the United States from Mexico are 

generally purchased by stocker 

operations that background the cattle on 

pasture before they are shipped to 

feedlots. Most of these entities are small 

according to the Small Business 

Administration standard for cattle 

producers. 

The average unit price of cattle 

imported from Mexico from 2009 to 

2012 was about $440. The average cost 

of dipping with acaricide is $3.50 to 

$10.00 per head. It takes approximately 

5 seconds for 3 cattle to cross a dipping 

vat. For an average 500-head herd, 

dipping takes about 15 minutes. To 

inspect a 500-head herd takes from 4 to 

12 hours. Depending on the size of the 

herd and time needed for inspection, 

some importers may choose to have the 

cattle dipped rather than inspected. The 

estimated cost of dipping is equivalent 

to about 1 to 2 percent of the value of 

the imported cattle. Any resulting cost 

savings realized by U.S. cattle importers 

due to inspection rather than dipping of 

cattle would depend on the relative 

price responsiveness of the sellers and 

buyers of the cattle. APHIS does not 

expect the rule to result in an increase 

of any consequence in the number of 

cattle imported from Mexico. 

Based on the information we have, 

there is no reason to conclude that 

adoption of this proposed rule would 

result in any significant economic effect 

on a substantial number of small 

entities. However, we do not currently 

have all of the data necessary for a 

comprehensive analysis of the effects of 

this proposed rule on small entities. 

Therefore, we are inviting comments on 

potential effects. In particular, we are 

interested in determining the number 

and kind of small entities that may 

incur benefits or costs from the 

implementation of this proposed rule. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging the rule. 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this proposed 

rule have been submitted for approval to 

the Office of Management and Budget 

(OMB). Please send written comments 

to the Office of Information and 

Regulatory Affairs, OMB, Attention: 

Desk Officer for APHIS, Washington, DC 

20503. Please state that your comments 

refer to Docket No. APHIS–2012–0073. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2012–0073, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238, and (2) Clearance Officer, 

OCIO, USDA, Room 404–W, 14th Street 

and Independence Avenue SW., 

Washington, DC 20250. A comment to 

OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication of this proposed rule. 

APHIS is proposing to recognize the 

State of Sonora as a region in Mexico 

that is free of fever ticks. We would also 

establish an exemption from acaricide 

dipping treatment requirements, and the 

documentation requirements associated 

with such dipping, that are currently 

applicable to cattle and other ruminants 

originating from Sonora as a condition 

of eligibility for entry to the United 

States, provided that certain conditions 

are met. The documentation 

requirements for the importation of 

these cattle are currently covered under 

OMB control numbers 0579–0224 and 

0579–0040. However, the application of 

seals to conveyances will be a new 

information collection activity. 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our proposed information 

collection and recordkeeping 

requirements. These comments will 

help us: 

(1) Evaluate whether the proposed 

information collection is necessary for 

the proper performance of our agency’s 

functions, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the proposed 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 1 hour per 

response. 

Respondents: Veterinarians of Mexico 

and foreign Federal governments. 

Estimated annual number of 

respondents: 1. 

Estimated annual number of 

responses per respondent: 1. 

Estimated annual number of 

responses: 1. 

Estimated total annual burden on 

respondents: 1 hour. (Due to averaging, 

the total annual burden hours may not 

equal the product of the annual number 

of responses multiplied by the reporting 

burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this proposed rule, please contact 

Mrs. Celeste Sickles, APHIS’ 

Information Collection Coordinator, at 

(301) 851–2908. 

List of Subjects in 9 CFR Part 93 

Animal diseases, Imports, Livestock, 

Poultry and poultry products, 

Quarantine, Reporting and 

recordkeeping requirements. 

Accordingly, we propose to amend 9 

CFR part 93 as follows: 

PART 93—IMPORTATION OF CERTAIN 

ANIMALS, BIRDS, FISH, AND 

POULTRY, AND CERTAIN ANIMAL, 

BIRD, AND POULTRY PRODUCTS; 

REQUIREMENTS FOR MEANS OF 

CONVEYANCE AND SHIPPING 

CONTAINERS 

■ 1. The authority citation for part 93 

continues to read as follows: 

Authority: 7 U.S.C. 1622 and 8301–8317; 

21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 

CFR 2.22, 2.80, and 371.4. 

■ 2. In § 93.400, the definition of fever 

tick is revised to read as follows: 

§ 93.400 Definitions. 

* * * * * 


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Fever tick. Rhipicephalus annulatus, 

Rhipicephalus microplus, and any other 

species of tick determined by the 

Administrator to be a vector of bovine 

babesiosis and specified on the Internet 

at http://www.aphis.usda.gov/wps/

portal/aphis/ourfocus/importexport. 

* * * * * 

§ 93.423 [Amended] 

■ 3. In § 93.423, paragraph (c) is 

amended by removing the words 

‘‘splenetic, southern, or tick fever’’ and 

adding the words ‘‘bovine babesiosis’’ in 

their place. 

■ 4. In § 93.427, paragraph (b) is revised 

to read as follows: 

§ 93.427 Cattle and other bovines from 

Mexico. 

* * * * * 

(b)(1) Cattle from regions of Mexico 

that APHIS has determined to be free 

from fever ticks. APHIS has evaluated 

certain regions of Mexico in accordance 

with § 92.2 of this chapter, and 

determined that they are free from fever 

ticks; a list of all such regions is found 

on the Internet http://

www.aphis.usda.gov/wps/portal/aphis/

ourfocus/importexport. Copies of the 

list are also available by contacting 

APHIS at the following address: 

Regionalization Evaluation Services, 

National Import Export Services, 

Veterinary Services, Animal and Plant 

Health Inspection Service, 4700 River 

Road Unit 38, Riverdale, MD 20737. 

Regions may be removed from the list 

based on a determination by APHIS that 

fever ticks exist in the region, on the 

discovery of tick-infested cattle from the 

region at a port of entry into the United 

States, or on information provided by a 

representative of the government of that 

region that fever ticks exist in the 

region. Cattle from regions of Mexico 

that APHIS has determined to be free 

from fever ticks may be imported into 

the United States subject to the 

following conditions: 

(i) The cattle are accompanied by a 

certificate issued in accordance with 

§ 93.405 that states that the cattle 

originate from a region of Mexico that 

APHIS has determined to be free from 

fever ticks. 

(ii) If the cattle will transit to the 

United States through an area of Mexico 

that APHIS has not determined to be 

free from fever ticks, they are moved in 

a sealed means of conveyance, and that 

seal remains intact throughout such 

transit. 

(iii) The cattle are presented for entry 

into the United States at a land border 

port of entry listed in § 93.403(c). 

(iv) The cattle are segregated at the 

U.S. port of entry from cattle from 

regions of Mexico that APHIS has not 

determined to be free from fever ticks. 

(v) The importer, or his or her agent, 

executes and delivers to the inspector at 

the port of entry an application for 

inspection or supervised dipping. In 

this application, the importer, or his or 

her agent, waive all claims against the 

United States for any loss or damage to 

the cattle occasioned by or resulting 

from inspection or dipping or from the 

fact that the cattle are later found still 

to be tick infested, and for any loss or 

damage to any other cattle in the 

importer’s possession or control that 

come in contact with the dipped cattle. 

(vi) The cattle are either inspected by 

an APHIS inspector at the port of entry 

for evidence of tick infestation or are 

treated with a tickicidal dip that is 

listed in § 72.13 of this chapter under 

the supervision of an inspector at the 

port of entry. 

(vii) If any cattle are determined to be 

infested with fever ticks, the lot of cattle 

is refused entry and may only be 

imported into the United States subject 

to the requirements in paragraph (b)(2) 

of this section. 

(2) Cattle from regions of Mexico that 

APHIS has not determined to be free 

from fever ticks. Cattle from regions of 

Mexico that APHIS has not determined 

to be free from fever ticks may only be 

imported into the United States subject 

to the following conditions: 

(i) The cattle have been inspected by 

a veterinarian in Mexico and, in the 

determination of the veterinarian, are 

free from fever ticks and all evidence of 

communicable diseases, and have not 

been exposed to communicable 

diseases, other than bovine babesiosis, 

during the 60 days prior to movement 

to a port of entry into the United States. 

(ii) The cattle have been treated in 

Mexico with a tickicidal dip that is 

listed in § 72.13 of this chapter within 

7 to 14 days before being offered for 

entry into the United States. 

(iii) The cattle are accompanied by a 

certificate issued in accordance with 

§ 93.405 that states that this inspection 

and dipping have occurred. 

(iv) The cattle are presented for entry 

into the United States at the port of 

entry at Santa Teresa, NM, or a port of 

entry within Texas that is listed in 

§ 93.403(c). 

(v) The importer, or his or her agent, 

executes and delivers to the inspector at 

the port of entry an application for 

inspection and supervised dipping. In 

this application, the importer, or his or 

her agent, agrees to waive all claims 

against the United States for any loss or 

damage to the cattle occasioned by or 

resulting from this dipping or from the 

fact that the cattle are later found to still 

be infested with ticks, and for any loss 

or damage to any other cattle in the 

importer’s possession or control that 

come in contact with the dipped cattle. 

(vi) When offered for entry, the cattle 

receive an inspection by an inspector. If 

free from fever ticks, the cattle are 

treated once with a tickicidal dip that is 

listed in § 72.13 of this chapter 7 to 14 

days after the dipping required in 

paragraph (b)(2)(ii) of this section. If 

found to be infested with fever ticks, the 

cattle are refused entry and may not be 

inspected again at a port of entry until 

they are again dipped and 7 to 14 days 

have elapsed. 

(vii) The cattle are not imported into 

an area of Texas that is quarantined in 

accordance with § 72.5 of this chapter 

for bovine babesiosis, or for tick 

infestation. 

* * * * * 

Done in Washington, DC, this 11th day of 

July 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–16783 Filed 7–16–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2014–BT–STD–0025] 

RIN 1904–AD04 

Energy Efficiency Program for 

Consumer Products: Energy 

Conservation Standards for Computer 

and Battery Backup Systems 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of the Framework 

Document. 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating this 

rulemaking and data collection process 

to consider establishing energy 

conservation standards for computer 

and battery backup systems (computer 

systems). To inform interested parties 

and to facilitate this process, DOE has 

prepared a framework document that 

details the analytical approach and 

scope of coverage for the rulemaking, 

and identifies several issues on which 

DOE is particularly interested in 

receiving comments. DOE will hold a 

public meeting to discuss and receive 

comments on its planned analytical 

approach and issues it will address in 

this rulemaking proceeding. DOE 


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