[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Rules and Regulations]
[Pages 68541-68542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33128]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 251 / Monday, December 30, 1996 / 
Rules and Regulations  

[[Page 68541]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Parts 2 and 371

[Docket No. 96-058-1]


Humane Treatment of Slaughter Horses; Delegation of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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

SUMMARY: This document delegates the authority given to the Secretary 
of Agriculture under the Federal Agriculture Improvement and Reform Act 
of 1996 to regulate the care provided to horses being transported to 
slaughter. Authority is delegated from the Secretary of Agriculture to 
the Assistant Secretary for Marketing and Regulatory Programs; from the 
Assistant Secretary for Marketing and Regulatory Programs to the 
Administrator of the Animal and Plant Health Inspection Service; and 
from the Administrator of the Animal and Plant Health Inspection 
Service to the Deputy Administrator for Veterinary Services.

EFFECTIVE DATE: December 30, 1996.

FOR FURTHER INFORMATION CONTACT: Dr. Tim Cordes, Senior Staff 
Veterinarian, National Animal Health Programs, VS, APHIS, 4700 River 
Road Unit 43, Riverdale, MD 20737-1231, (301) 734-3279.

SUPPLEMENTARY INFORMATION: Sections 901-905 of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 1901 note) authorizes the 
Secretary of Agriculture to issue guidelines for the regulation of the 
commercial transportation of equines for slaughter by persons regularly 
engaged in that activity within the United States. In carrying out this 
responsibility, the Secretary of Agriculture is authorized to regulate 
the food, water, and rest provided to such equines in transit and to 
require the segregation of stallions from other equines during transit. 
Further, the Secretary may review other related issues he considers 
appropriate. Additionally, the Secretary may (1) require any person to 
maintain such records and reports, (2) conduct such investigations and 
inspections, and (3) establish and enforce such appropriate and 
effective civil penalties, as the Secretary deems necessary.
    This rule delegates that authority from the Secretary of 
Agriculture to the Assistant Secretary for Marketing and Regulatory 
Programs; from the Assistant Secretary for Marketing and Regulatory 
Programs to the Administrator of the Animal and Plant Health Inspection 
Service; and from the Administrator of the Animal and Plant Health 
Inspection Service to the Deputy Administrator for Veterinary Services.
    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, Pub. L. 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.

List of Subjects

7 CFR Part 2

    Authority delegations (Government agencies).

7 CFR Part 371

    Organization and functions (Government agencies).

    Accordingly, 7 CFR parts 2 and 371 are amended as follows:

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE 
AND GENERAL OFFICERS OF THE DEPARTMENT

    1. The authority citation for part 2 continues to read as follows:

    Authority: Sec. 212(a), Pub. L. 103-354, 108 Stat. 3210, 7 
U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953, 
3 CFR, 1949-1953 Comp., p. 1024.

Subpart C--Delegations of Authority to the Deputy Secretary, the 
Under Secretaries and Assistant Secretaries

    2. Section 2.22 is amended by adding a new paragraph (a)(2)(xlv) to 
read as follows:


Sec. 2.22  Assistant Secretary for Marketing and Regulatory Programs.

    (a) * * *
    (2) * * *
    (xlv) Sections 901-905 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 1901 note).
* * * * *

Subpart N--Delegations of Authority by the Assistant Secretary for 
Marketing and Regulatory Programs

    3. Section 2.80 is amended by adding a new paragraph (a)(50) to 
read as follows:


Sec. 2.80  Administrator, Animal and Plant Health Inspection Service.

    (a) * * *
    (50) Sections 901-905 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 1901 note).
* * * * *

PART 371--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY

    4. The authority citation for part 371 continues to read as 
follows:

    Authority: 5 U.S.C. 301.

    5. Section 371.2 is amended by adding a new paragraph (d)(2)(xix) 
to read as follows:


Sec. 371.2  The Office of the Administrator.

* * * * *
    (d) * * *
    (2) * * *
    (xix) Sections 901-905 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 1901 note).
* * * * *

    For Part 2, Subpart C:

    Dated: December 23, 1996.
Dan Glickman,
Secretary of Agriculture.
    For Part 2, Subpart N:

    Dated: December 9, 1996.
Michael V. Dunn,
Assistant Secretary for Marketing and Regulatory Programs.
    For Part 371:


[[Page 68542]]


    Dated: November 29, 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-33128 Filed 12-27-96; 8:45 am]
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