[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Rules and Regulations]
[Pages 8743-8744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2867]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 2

[Docket No. 98-065-3]


Animal Welfare; Confiscation of Animals: Delay of Effective Date

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final Rule; Delay of Effective Date.

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

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; Confiscation of 
Animals, published in the Federal Register on January 3, 2001, 66 FR 
236. The rule amends the Animal Welfare regulations in 9 CFR part 2 to 
allow us to place animals confiscated form situations detrimental to 
the animals' health and well-being with a person or facility that is 
not licensed by or registered with the Animal and Plant Health 
Inspection Service, U.S. Department of Agriculture. 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 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 
Presidents' 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

[[Page 8744]]

good cause for making this rule effective immediately upon publication.

DATES: The effective date of the Animal Welfare; Confiscation of 
Animals regulation, published in the Federal Register on January 3, 
2001 at 66 FR 236, is delayed for 60 days, form February 2, 2001 to a 
new effective date of April 3, 2001.

FOR FURTHER INFORMATION CONTACT: Dr. Jerry De Poyster at (301) 734-
7586.

    Dated: January 29, 2001.
Ann M. Veneman,
Secretary.
[FR Doc. 01-2867 Filed 2-1-01; 8:45 am]
BILLING CODE 3410-34-M