[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Rules and Regulations]
[Page 8744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2865]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 3

[Docket No. 93-076-16]


Animal Welfare; Marine Mammals: Delay of Effective Date

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final Rule; Delay of Effective Date.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, this action temporarily delays for 60 days the 
effective date of the rule entitled Animal Welfare; Marine Mammals, 
published in the Federal Register on January 3, 2001, 66 FR 239. The 
rule amends the Animal Welfare Act regulations in 9 CFR part 3 
concerning the humane handling, care, treatment, and transportation of 
marine mammals in captivity. To the extent that 5 U.S.C. section 553 
applies to this action, it is exempt from notice and comment because it 
constitutes a rule of procedure under 5 U.S.C. section 553(b)(A). 
Alternatively, the Department's implementation of this rule without 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register, is based on the good cause exceptions in 
5 U.S.C. section 553(b)(B) and 553(d)(3). Seeking public comment is 
impracticable, unnecessary and contrary to the public interest. The 
temporary 60-day delay in effective date is necessary to give 
Department officials the opportunity for further review and 
consideration of new regulations, consistent with the Assistant to the 
President's memorandum of January 20, 2001. Given the imminence of the 
effective date, seeking prior public comment on this temporary delay 
would have been impractical, as well as contrary to the public interest 
in the orderly promulgation and implementation of regulations. The 
imminence of the effective date is also good cause for making this rule 
effective immediately upon publication.

DATES: The effective date of the Animal Welfare; Marine Mammals 
regulation, published in the Federal Register on January 3, 2001, at 66 
FR 239, is delayed for 60 days, from February 2, 2001, to a new 
effective date of April 3, 2001.

FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kahn at (301 734-7833.

    Dated: January 29, 2001.
Ann M. Veneman,
Secretary.
[FR Doc. 01-2865 Filed 2-1-01; 8:45 am]
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