Rules and Regulations 31513 Rules and Regulations Federal Register Vol

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					                                                                                                                                                         31513

      Rules and Regulations                                                                                          Federal Register
                                                                                                                     Vol. 69, No. 108

                                                                                                                     Friday, June 4, 2004



      This section of the FEDERAL REGISTER                    treatment, and transportation of rats and              2002), included provisions that
      contains regulatory documents having general            mice covered by the AWA.                               amended the definition of animal in the
      applicability and legal effect, most of which           DATES: This rule is effective June 5,                  AWA by specifically excluding birds,
      are keyed to and codified in the Code of                2004.                                                  rats of the genus Rattus, and mice of the
      Federal Regulations, which is published under                                                                  genus Mus, bred for use in research. In
      50 titles pursuant to 44 U.S.C. 1510.                   FOR FURTHER INFORMATION CONTACT: Dr.
                                                              Jerry DePoyster, Senior Veterinary                     this document, we are amending the
      The Code of Federal Regulations is sold by              Medical Officer, Animal Care, APHIS,                   definition of animal in the regulations
      the Superintendent of Documents. Prices of              4700 River Road Unit 84, Riverdale, MD                 to be consistent with the definition of
      new books are listed in the first FEDERAL               20737–1234; (301) 734–7586.                            animal in the AWA.
      REGISTER issue of each week.                                                                                     Prior to the effective date of this final
                                                              SUPPLEMENTARY INFORMATION:
                                                                                                                     rule, the definition of animal in 9 CFR
                                                              Background                                             1.1 excluded rats of the genus Rattus
      DEPARTMENT OF AGRICULTURE                                                                                      and mice of the genus Mus bred for use
                                                                 Under the Animal Welfare Act (AWA)
                                                              (7 U.S.C. 2131 et seq.), the Secretary of              in research, as well as all birds (i.e., not
      Animal and Plant Health Inspection                                                                             just those birds bred for use in research).
      Service                                                 Agriculture is authorized to promulgate
                                                              standards and other requirements                       As a result, this final rule will narrow
                                                              governing the humane handling, care,                   the scope of the exclusion for birds to
      9 CFR Part 1                                                                                                   only those birds bred for use in
                                                              treatment, and transportation of certain
      [Docket No. 98–106–3]                                   animals by dealers, research facilities,               research. This final rule is intended
                                                              exhibitors, operators of auction sales,                only to make the definition of animal in
      RIN 0579–AB69                                                                                                  the regulations consistent with the
                                                              and carriers and intermediate handlers.
      Animal Welfare; Definition of Animal                    Within the U.S. Department of                          definition of animal in the AWA.
                                                              Agriculture, responsibility for                        Advance Notice of Proposed
      AGENCY:  Animal and Plant Health                        administering the AWA has been                         Rulemaking
      Inspection Service, USDA.                               delegated to the Administrator of the
      ACTION: Final rule.                                     Animal and Plant Health Inspection                        We are currently considering several
                                                              Service (APHIS). Within APHIS, the                     changes to the regulations to help
      SUMMARY: We are amending the Animal                     responsibility for administering the                   promote the humane handling, care,
      Welfare Act (AWA) regulations to reflect                AWA has been delegated to the Deputy                   treatment, and transportation of birds,
      an amendment to the Act’s definition of                 Administrator for Animal Care.                         rats, and mice not specifically excluded
      the term animal. The Farm Security and                  Regulations established under the AWA                  from coverage under the AWA. In the
      Rural Investment Act of 2002 amended                    are contained in the Code of Federal                   Proposed Rules section of today’s
      the definition of animal to specifically                Regulations (CFR) in 9 CFR parts 1, 2,                 Federal Register (APHIS Docket No. 98–
      exclude birds, rats of the genus Rattus,                and 3. Part 1 contains definitions for                 106–4), we are publishing an advance
      and mice of the genus Mus, bred for use                 terms used in parts 2 and 3; part 2                    notice of proposed rulemaking in which
      in research. While the definition of                    provides administrative requirements                   we solicit public comment to aid in the
      animal in the regulations has excluded                  and sets forth institutional                           development of regulations and
      rats of the genus Rattus and mice of the                responsibilities for regulated parties;                standards for birds not bred for use in
      genus Mus bred for use in research, that                and part 3 contains specifications for                 research. In addition, our advance
      definition has also excluded all birds                  the humane handling, care, treatment,                  notice of proposed rulemaking also
      (i.e., not just those birds bred for use in             and transportation of animals covered                  requests responses to help determine if
      research). To make the definition of                    by the AWA. Currently, part 3 consists                 we should continue to regulate rats and
      animal in the regulations consistent                    of subparts A through E, which contain                 mice, except for rats of the genus Rattus
      with the definition of animal in the                    standards for specific animals, and                    and mice of the genus Mus bred for use
      AWA, this final rule amends the                         subpart F, which sets forth general                    in research, under the general standards
      regulations by narrowing the scope of                   standards for warmblooded animals not                  in subpart F of part 3 or if we should
      the exclusion for birds to only those                   otherwise specified in that part.                      establish specific standards for them.
      birds bred for use in research. This final                                                                     Finally, our advance notice of proposed
      rule is intended only to make the                       Definition of Animal                                   rulemaking solicits data and
      definition of animal in the regulations                    Under Section 2(g) of the AWA (7                    information from the public concerning
      consistent with the definition of animal                U.S.C. 2132(g)), the term animal                       the potential economic effects on
      in AWA. In the Proposed Rules section                   includes, with certain exceptions, any                 entities that may be affected if we were
      of today’s Federal Register, we are                     live or dead dog, cat, monkey                          to establish specific standards for those
      publishing an advance notice of                         (nonhuman primate mammal), guinea                      birds, rats, and mice.
      proposed rulemaking in which we                         pig, hamster, rabbit, or such other                       Neither this final rule nor the advance
      solicit comments from the public to aid                 warmblooded animal, as the Secretary                   notice of proposed rulemaking
      in the development of regulations and                   may determine is being used, or is                     published in the Proposed Rules section
      standards for birds not specifically bred               intended for use for research, teaching,               of today’s Federal Register will
      for use in research. In addition, our                   testing, experimentation, or exhibition                immediately result in any change in our
      advance notice of proposed rulemaking                   purposes, or as a pet. The Farm Security               Animal Care program. We will continue
      also requests public comment on issues                  and Rural Investment Act of 2002 (Pub.                 to cover rats and mice, except for rats
      related to the humane handling, care,                   L. 107–171, signed into law on May 13,                 of the genus Rattus and mice of the


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      31514                 Federal Register / Vol. 69, No. 108 / Friday, June 4, 2004 / Rules and Regulations

      genus Mus bred for use in research,                     regulations’ definition of animal will                 List of Subjects in 9 CFR Part 1
      under the regulations and standards in                  not have any economic effects on any                     Animal welfare, Pets, Reporting and
      part 2 and subpart F of part 3. When we                 entities, large or small. Therefore, there             recordkeeping requirements, Research.
      determine how to regulate birds not                     are no entities that are affected by this
      bred for use in research and what, if                                                                          I Accordingly, we are amending 9 CFR
                                                              rule at this time. Given the absence of
      any, specific standards should be                       economic effects associated with this                  part 1 as follows:
      established for covered rats and mice,                  rule, there are likewise no costs or                   PART 1—DEFINITIONS OF TERMS
      we will publish a proposed rule for                     benefits associated with this rule.
      public comment in the Federal Register.                    As noted earlier, in the Proposed                   I 1. The authority citation for part 1
      Any changes to our Animal Care                          Rules section of today’s Federal                       continues to read as follows:
      program that may result from such a                     Register, we are publishing an advance                   Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22,
      proposal will be addressed in that                      notice of proposed rulemaking in which                 2.80, and 371.7.
      document.                                               we solicit public comment to aid in the
                                                                                                                     I 2. In § 1.1, the definition of animal is
      Effective Date                                          development of regulations and
                                                              standards for birds not bred for use in                revised to read as follows:
        We are taking this action to update                                                                             1.1 Definitions.
                                                              research. In addition, our advance
      our regulations to reflect an amendment                 notice of proposed rulemaking also                     *      *     *     *     *
      to the definition of animal that has                    requests responses to help determine if                   Animal means any live or dead dog,
      already occurred in the Animal Welfare                  we should continue to regulate rats and                cat, nonhuman primate, guinea pig,
      Act. This final rule is intended only to                                                                       hamster, rabbit, or any other
                                                              mice covered by the AWA under the
      make the definition of animal in the                                                                           warmblooded animal, which is being
                                                              general standards in subpart F of part 3
      regulations consistent with the                                                                                used, or is intended for use for research,
                                                              or if we should establish specific
      definition of animal in the AWA. In the                                                                        teaching, testing, experimentation, or
                                                              standards for them. When we determine
      Proposed Rules section of today’s                                                                              exhibition purposes, or as a pet. This
                                                              how to regulate the handling, treatment,
      Federal Register, we are publishing an                                                                         term excludes birds, rats of the genus
                                                              care, and transportation of birds not
      advance notice of proposed rulemaking                                                                          Rattus, and mice of the genus Mus, bred
                                                              specifically bred for use in research and
      in which we solicit comments from the                                                                          for use in research; horses not used for
                                                              what, if any, specific standards should
      public to aid in the development of                                                                            research purposes; and other farm
                                                              be established for covered rats and mice,
      regulations and standards for birds not                                                                        animals, such as, but not limited to,
                                                              we will publish a proposed rule for
      specifically bred for use in research.                                                                         livestock or poultry used or intended for
                                                              public comment in the Federal Register.
        Accordingly, pursuant to the                                                                                 use as food or fiber, or livestock or
                                                              Any economic effects that may result
      administrative procedure provisions in                                                                         poultry used or intended for use for
                                                              from such a proposal will be addressed
      5 U.S.C. 553, we find upon good cause                                                                          improving animal nutrition, breeding,
                                                              in that document.
      that prior notice and other public                                                                             management, or production efficiency,
      procedure with respect to this rule are                    Under these circumstances, the
                                                                                                                     or for improving the quality of food or
      unnecessary. We also find good cause                    Administrator of the Animal and Plant
                                                                                                                     fiber. With respect to a dog, the term
      for making this rule effective less than                Health Inspection Service has
                                                                                                                     means all dogs, including those used for
      30 days after publication in the Federal                determined that this action will not
                                                                                                                     hunting, security, or breeding purposes.
      Register.                                               have a significant economic impact on
                                                              a substantial number of small entities.                *      *     *     *     *
      Executive Order 12866 and Regulatory                                                                             Done in Washington, DC, this 1st day of
      Flexibility Act                                         Executive Order 12372                                  June 2004.
        This rule has been reviewed under                       This program/activity is listed in the               Bill Hawks,
      Executive Order 12866. The rule has                     Catalog of Federal Domestic Assistance                 Under Secretary for Marketing and Regulatory
      been determined to be significant for the               under No. 10.025 and is subject to                     Programs.
      purposes of Executive Order 12866 and,                  Executive Order 12372, which requires                  [FR Doc. 04–12693 Filed 6–3–04; 8:45 am]
      therefore, has been reviewed by the                     intergovernmental consultation with                    BILLING CODE 3410–34–P
      Office of Management and Budget.                        State and local officials. (See 7 CFR part
        This final rule amends the regulations                3015, subpart V.)
      to reflect an amendment to the Act’s                    Executive Order 12988                                  DEPARTMENT OF TRANSPORTATION
      definition of the term animal. The Farm
      Security and Rural Investment Act of                      This final rule has been reviewed                    Federal Aviation Administration
      2002 amended the definition of animal                   under Executive Order 12988, Civil
      to specifically exclude birds, rats of the              Justice Reform. It is not intended to                  14 CFR Part 39
      genus Rattus, and mice of the genus                     have retroactive effect. This rule will
                                                                                                                     [Docket No. 2000–NM–110–AD; Amendment
      Mus, bred for use in research. While the                not preempt any State or local laws,
                                                                                                                     39–13653; AD 2004–11–07]
      definition of animal in the regulations                 regulations, or policies, unless they
      has excluded rats of the genus Rattus                   present an irreconcilable conflict with                RIN 2120–AA64
      and mice of the genus Mus bred for use                  this rule. The Act does not provide
      in research, that definition has also                   administrative procedures which must                   Airworthiness Directives; McDonnell
      excluded all birds (i.e., not just those                be exhausted prior to a judicial                       Douglas Model DC–9–81 (MD–81), DC–
      birds bred for use in research).                        challenge to the provisions of this rule.              9–82 (MD–82), DC–9–83 (MD–83), DC–
      Therefore, this final rule will narrow the                                                                     9–87 (MD–87), and MD–88 Airplanes
                                                              Paperwork Reduction Act
      scope of the exclusion for birds to only                                                                       AGENCY:  Federal Aviation
      those birds bred for use in research.                      This final rule contains no                         Administration, DOT.
        Until a determination is made                         information collection or recordkeeping                ACTION: Final rule.
      concerning how to regulate the care and                 requirements under the Paperwork
      use of birds not specifically bred for use              Reduction Act of 1995 (44 U.S.C. 3501                  SUMMARY: This amendment adopts a
      in research, this amendment to the                      et seq.).                                              new airworthiness directive (AD),


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