[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Rules and Regulations]
[Pages 62925-62927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30137]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 1, 2, and 11

[Docket No. 98-024-1]


Reorganization; Animal Care

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Animal Welfare and horse protection 
regulations by removing all references to ``Regulatory Enforcement and 
Animal Care'' and ``APHIS, REAC Sector Supervisor'' and replacing them 
with ``Animal Care'' and ``AC Regional Director,'' respectively. This 
final rule is necessary for the regulations to accurately reflect the 
current organizational structure of the Animal and Plant Health 
Inspection Service.

EFFECTIVE DATE: November 10, 1998.

FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Veterinary 
Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84, 
Riverdale, MD 20788-1231, (301) 734-7586.

SUPPLEMENTARY INFORMATION:

Background

    In 1996, the Regulatory Enforcement and Animal Care (REAC) program 
area of the Animal and Plant Health Inspection Service (APHIS) was 
reorganized and divided into the Investigative and Enforcement Services

[[Page 62926]]

(IES) and Animal Care (AC) programs. IES is responsible for 
investigating instances of noncompliance with APHIS regulations, and AC 
conducts inspections and other activities to enforce the provisions of 
the Animal Welfare Act, the Horse Protection Act, and the regulations 
promulgated under those acts. To reflect this change in APHIS' 
organization, we are amending the Animal Welfare regulations in 9 CFR 
parts 1 and 2 and the horse protection regulations in 9 CFR part 11. 
Specifically, we are removing all references to ``Regulatory 
Enforcement and Animal Care'' and ``APHIS, REAC Sector Supervisor'' and 
are replacing them with references to ``Animal Care'' and ``AC Regional 
Director,'' respectively.
    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
to comment are not required, and this rule may be made effective less 
than 30 days after publication in the Federal Register. Further, since 
this rule relates to internal agency management, it is exempt from the 
provisions of Executive Orders 12866 and 12988. Finally, this action is 
not a rule as defined by the Regulatory Flexibility Act, and thus is 
exempt from the provisions of that Act.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects

9 CFR Part 1

    Animal welfare, Pets, Reporting and recordkeeping requirements, 
Research.

9 CFR Part 2

    Animal welfare, Pets, Reporting and recordkeeping requirements, 
Research.

9 CFR Part 11

    Animal welfare, Horses, Reporting and recordkeeping requirements.

    Accordingly, we are amending 9 CFR parts 1, 2, and 11 as follows:

PART 1--DEFINITION OF TERMS

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

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).

    2. Section 1.1 is amended as follows:
    a. By removing the definition of APHIS, REAC Sector Supervisor and 
by adding, in alphabetical order, a definition of AC Regional Director 
to read as set forth below.
    b. In the definition of Deputy Administrator, by removing the words 
``Regulatory Enforcement and Animal Care (REAC)'' and adding in their 
place the words ``Animal Care (AC)'' and by removing the word ``REAC'' 
and adding in its place the word ``AC''.


Sec. 1.1  Definitions.

* * * * *
    AC Regional Director means a veterinarian or his designee, employed 
by APHIS, who is assigned by the Administrator to supervise and perform 
the official work of APHIS in a given State or States. As used in part 
2 of this subchapter, the AC Regional Director shall be deemed to be 
the person in charge of the official work of APHIS in the State in 
which the dealer, exhibitor, research facility, intermediate handler, 
carrier, or operator of an auction sale has his principal place of 
business.
* * * * *

PART 2--REGULATIONS

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

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).


Sec. 2.1  [Amended]

    4. Section 2.1 is amended by removing the words ``APHIS, REAC 
Sector Supervisor'' and adding in their place the words ``AC Regional 
Director'' in the following places:
    a. Paragraph (a)(1) each time they appear.
    b. Paragraph (a)(2).
    c. Paragraph (b).
    d. Paragraph (d)(2).
    e. Paragraph (e)(1).


Sec. 2.5  [Amended]

    5. Section 2.5 is amended by removing the words ``APHIS, REAC 
Sector Supervisor'' and adding in their place the words ``AC Regional 
Director'' in the following places:
    a. Paragraph (a)(2).
    b. Paragraph (c).
    c. Paragraph (f) each time they appear.


Sec. 2.6  [Amended]

    6. In Sec. 2.6, paragraph (a) is amended by removing the words 
``APHIS, REAC Sector Supervisor'' and adding in their place the words 
``AC Regional Director''.


Sec. 2.7  [Amended]

    7. In Sec. 2.7, paragraph (a) is amended by removing the words 
``APHIS, REAC Sector Supervisor'' each time they appear and adding in 
their place the words ``AC Regional Director''.


Sec. 2.8  [Amended]

    8. Section 2.8 is amended by removing the words ``APHIS, REAC 
Sector Supervisor'' and adding in their place the words ``AC Regional 
Director''.


Sec. 2.10  [Amended]

    9. In Sec. 2.10, paragraph (a) is amended by removing the words 
``APHIS, REAC Sector Supervisor'' and adding in their place the words 
``AC Regional Director''.


Sec. 2.25  [Amended]

    10. In Sec. 2.25, paragraph (a) is amended by removing the words 
``APHIS, REAC Sector Supervisor'' each time they appear and adding in 
their place the words ``AC Regional Director''.


Sec. 2.26  [Amended]

    11. Section 2.26 is amended by removing the words ``APHIS, REAC 
Sector Supervisor'' and adding in their place the words ``AC Regional 
Director''.


Sec.  2.27   [Amended]

    12. Section 2.27 is amended by removing the words ``APHIS, REAC 
Sector Supervisor'' and adding in their place the words ``AC Regional 
Director'' in the following places:
    a. Paragraph (a).
    b. Paragraph (b)(1) each time they appear.
    c. Paragraph (b)(2).


Sec. 2.30  [Amended]

    13. Section 2.30 is amended by removing the words ``APHIS, REAC 
Sector Supervisor'' and adding in their place the words ``AC Regional 
Director'' in the following places:
    a. Paragraph (a)(1) each time they appear.
    b. Paragraph (b).
    c. Paragraph (c)(1).
    d. Paragraph (c)(2) each time they appear.
    e. Paragraph (c)(3).


Sec. 2.31   [Amended]

    14. In Sec. 2.31, paragraph (d)(1)(x)(C) is amended by removing the 
words ``Regulatory Enforcement and Animal Care,''.


Sec.  2.36   [Amended]

    15. In Sec. 2.36, paragraph (a) is amended by removing the words 
``APHIS, REAC Sector Supervisor'' and adding in their place the words 
``AC Regional Director''.


Sec. 2.38  [Amended]

    16. Section 2.38 is amended as follows:
    a. By removing the words ``APHIS, REAC Sector Supervisor'' and 
adding in their place the words ``AC Regional Director'' in the 
following places:
    i. Paragraph (c).
    ii. Paragraph (g)(7), footnote 1.
    iii. Paragraph (i).

[[Page 62927]]

    b. In paragraph (h)(2), by removing the words ``Regulatory 
Enforcement and Animal Care,''.


Sec. 2.52   [Amended]

    17. In Sec. 2.52, footnote 4 is amended by removing the words 
``APHIS, REAC Sector Supervisor'' and adding in their place the words 
``AC Regional Director''.


Sec. 2.78   [Amended]

    18. In Sec. 2.78, paragraph (b) is amended by removing the words 
``Regulatory Enforcement and Animal Care,''.


Sec. 2.102   [Amended]

    19. In Sec. 2.102, paragraphs (a) and (b) are amended by removing 
the words ``APHIS, REAC Sector Supervisor'' and adding in their place 
the words ``AC Regional Director''.


Sec. 2.127   [Amended]

    20. Section 2.127 is amended by removing the words ``APHIS, REAC 
Sector Supervisor'' and adding in their place the words ``AC Regional 
Director''.

PART 11--HORSE PROTECTION REGULATIONS

    21. The authority citation for part 11 continues to read as 
follows:

    Authority: 15 U.S.C. 1823, 1824, 1825, and 1828; 44 U.S.C. 3506.

    22. In Sec. 11.1, the definition of Sector Supervisor is removed 
and a definition of Regional Director is added, in alphabetical order, 
to read as follows:


Sec. 11.1  Definitions.

* * * * *
    Regional Director means the APHIS veterinarian who is assigned by 
the Administrator to supervise and perform official duties of APHIS 
under the Act in a specified State or States.1
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    \1\ Information as to the name and address of the Regional 
Director for the State or States concerned can be obtained by 
writing to the Animal and Plant Health Inspection Service, Animal 
Care, 4700 River Road Unit 84, Riverdale, MD 20737-1234.
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* * * * *


Sec. 11.7   [Amended]

    23. In Sec. 11.7, footnote 6 is amended by removing the words 
``Regulatory Enforcement and Animal Care,''.


Sec. 11.24   [Amended]

    24. In Sec. 11.24, paragraphs (a) and (b) are amended by removing 
the words ``Sector Supervisor'' and adding in their place the words 
``Regional Director''.

    Done in Washington, DC, this 30th day of October, 1998 .
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-30137 Filed 11-9-98; 8:45 am]
BILLING CODE 3410-34-P