[Federal Register Volume 69, Number 108 (Friday, June 4, 2004)]
[Rules and Regulations]
[Pages 31513-31514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12693]



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

[[Page 31513]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 1

[Docket No. 98-106-3]
RIN 0579-AB69


Animal Welfare; Definition of Animal

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Animal Welfare Act (AWA) regulations to 
reflect an amendment to the Act's definition of the term animal. The 
Farm Security and Rural Investment Act of 2002 amended the definition 
of animal to specifically exclude birds, rats of the genus Rattus, and 
mice of the genus Mus, bred for use in research. While the definition 
of animal in the regulations has excluded rats of the genus Rattus and 
mice of the genus Mus bred for use in research, that definition has 
also excluded all birds (i.e., not just those birds bred for use in 
research). To make the definition of animal in the regulations 
consistent with the definition of animal in the AWA, this final rule 
amends the regulations by narrowing the scope of the exclusion for 
birds to only those birds bred for use in research. This final rule is 
intended only to make the definition of animal in the regulations 
consistent with the definition of animal in AWA. In the Proposed Rules 
section of today's Federal Register, we are publishing an advance 
notice of proposed rulemaking in which we solicit comments from the 
public to aid in the development of regulations and standards for birds 
not specifically bred for use in research. In addition, our advance 
notice of proposed rulemaking also requests public comment on issues 
related to the humane handling, care, treatment, and transportation of 
rats and mice covered by the AWA.

DATES: This rule is effective June 5, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Veterinary 
Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84, 
Riverdale, MD 20737-1234; (301) 734-7586.

SUPPLEMENTARY INFORMATION: 

Background

    Under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.), the 
Secretary of Agriculture is authorized to promulgate standards and 
other requirements governing the humane handling, care, treatment, and 
transportation of certain animals by dealers, research facilities, 
exhibitors, operators of auction sales, and carriers and intermediate 
handlers. Within the U.S. Department of Agriculture, responsibility for 
administering the AWA has been delegated to the Administrator of the 
Animal and Plant Health Inspection Service (APHIS). Within APHIS, the 
responsibility for administering the AWA has been delegated to the 
Deputy Administrator for Animal Care. Regulations established under the 
AWA are contained in the Code of Federal Regulations (CFR) in 9 CFR 
parts 1, 2, and 3. Part 1 contains definitions for terms used in parts 
2 and 3; part 2 provides administrative requirements and sets forth 
institutional responsibilities for regulated parties; and part 3 
contains specifications for the humane handling, care, treatment, and 
transportation of animals covered by the AWA. Currently, part 3 
consists of subparts A through E, which contain standards for specific 
animals, and subpart F, which sets forth general standards for 
warmblooded animals not otherwise specified in that part.

Definition of Animal

    Under Section 2(g) of the AWA (7 U.S.C. 2132(g)), the term animal 
includes, with certain exceptions, any live or dead dog, cat, monkey 
(nonhuman primate mammal), guinea pig, hamster, rabbit, or such other 
warmblooded animal, as the Secretary may determine is being used, or is 
intended for use for research, teaching, testing, experimentation, or 
exhibition purposes, or as a pet. The Farm Security and Rural 
Investment Act of 2002 (Pub. L. 107-171, signed into law on May 13, 
2002), included provisions that amended the definition of animal in the 
AWA by specifically excluding birds, rats of the genus Rattus, and mice 
of the genus Mus, bred for use in research. In this document, we are 
amending the definition of animal in the regulations to be consistent 
with the definition of animal in the AWA.
    Prior to the effective date of this final rule, the definition of 
animal in 9 CFR 1.1 excluded rats of the genus Rattus and mice of the 
genus Mus bred for use in research, as well as all birds (i.e., not 
just those birds bred for use in research). As a result, this final 
rule will narrow the scope of the exclusion for birds to only those 
birds bred for use in research. This final rule is intended only to 
make the definition of animal in the regulations consistent with the 
definition of animal in the AWA.

Advance Notice of Proposed Rulemaking

    We are currently considering several changes to the regulations to 
help promote the humane handling, care, treatment, and transportation 
of birds, rats, and mice not specifically excluded from coverage under 
the AWA. In the Proposed Rules section of today's Federal Register 
(APHIS Docket No. 98-106-4), we are publishing an advance notice of 
proposed rulemaking in which we solicit public comment to aid in the 
development of regulations and standards for birds not bred for use in 
research. In addition, our advance notice of proposed rulemaking also 
requests responses to help determine if we should continue to regulate 
rats and mice, except for rats of the genus Rattus and mice of the 
genus Mus bred for use in research, under the general standards in 
subpart F of part 3 or if we should establish specific standards for 
them. Finally, our advance notice of proposed rulemaking solicits data 
and information from the public concerning the potential economic 
effects on entities that may be affected if we were to establish 
specific standards for those birds, rats, and mice.
    Neither this final rule nor the advance notice of proposed 
rulemaking published in the Proposed Rules section of today's Federal 
Register will immediately result in any change in our Animal Care 
program. We will continue to cover rats and mice, except for rats of 
the genus Rattus and mice of the

[[Page 31514]]

genus Mus bred for use in research, under the regulations and standards 
in part 2 and subpart F of part 3. When we determine how to regulate 
birds not bred for use in research and what, if any, specific standards 
should be established for covered rats and mice, we will publish a 
proposed rule for public comment in the Federal Register. Any changes 
to our Animal Care program that may result from such a proposal will be 
addressed in that document.

Effective Date

    We are taking this action to update our regulations to reflect an 
amendment to the definition of animal that has already occurred in the 
Animal Welfare Act. This final rule is intended only to make the 
definition of animal in the regulations consistent with the definition 
of animal in the AWA. In the Proposed Rules section of today's Federal 
Register, we are publishing an advance notice of proposed rulemaking in 
which we solicit comments from the public to aid in the development of 
regulations and standards for birds not specifically bred for use in 
research.
    Accordingly, pursuant to the administrative procedure provisions in 
5 U.S.C. 553, we find upon good cause that prior notice and other 
public procedure with respect to this rule are unnecessary. We also 
find good cause for making this rule effective less than 30 days after 
publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be significant for the purposes of Executive 
Order 12866 and, therefore, has been reviewed by the Office of 
Management and Budget.
    This final rule amends the regulations to reflect an amendment to 
the Act's definition of the term animal. The Farm Security and Rural 
Investment Act of 2002 amended the definition of animal to specifically 
exclude birds, rats of the genus Rattus, and mice of the genus Mus, 
bred for use in research. While the definition of animal in the 
regulations has excluded rats of the genus Rattus and mice of the genus 
Mus bred for use in research, that definition has also excluded all 
birds (i.e., not just those birds bred for use in research). Therefore, 
this final rule will narrow the scope of the exclusion for birds to 
only those birds bred for use in research.
    Until a determination is made concerning how to regulate the care 
and use of birds not specifically bred for use in research, this 
amendment to the regulations' definition of animal will not have any 
economic effects on any entities, large or small. Therefore, there are 
no entities that are affected by this rule at this time. Given the 
absence of economic effects associated with this rule, there are 
likewise no costs or benefits associated with this rule.
    As noted earlier, in the Proposed Rules section of today's Federal 
Register, we are publishing an advance notice of proposed rulemaking in 
which we solicit public comment to aid in the development of 
regulations and standards for birds not bred for use in research. In 
addition, our advance notice of proposed rulemaking also requests 
responses to help determine if we should continue to regulate rats and 
mice covered by the AWA under the general standards in subpart F of 
part 3 or if we should establish specific standards for them. When we 
determine how to regulate the handling, treatment, care, and 
transportation of birds not specifically bred for use in research and 
what, if any, specific standards should be established for covered rats 
and mice, we will publish a proposed rule for public comment in the 
Federal Register. Any economic effects that may result from such a 
proposal will be addressed in that document.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. The Act does not provide administrative procedures which must be 
exhausted prior to a judicial challenge to the provisions of this rule.

Paperwork Reduction Act

    This final 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 in 9 CFR Part 1

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


0
Accordingly, we are amending 9 CFR part 1 as follows:

PART 1--DEFINITIONS OF TERMS

0
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 371.7.


0
2. In Sec.  1.1, the definition of animal is revised to read as 
follows:
    1.1 Definitions.
* * * * *
    Animal means any live or dead dog, cat, nonhuman primate, guinea 
pig, hamster, rabbit, or any other warmblooded animal, which is being 
used, or is intended for use for research, teaching, testing, 
experimentation, or exhibition purposes, or as a pet. This term 
excludes birds, rats of the genus Rattus, and mice of the genus Mus, 
bred for use in research; horses not used for research purposes; and 
other farm animals, such as, but not limited to, livestock or poultry 
used or intended for use as food or fiber, or livestock or poultry used 
or intended for use for improving animal nutrition, breeding, 
management, or production efficiency, or for improving the quality of 
food or fiber. With respect to a dog, the term means all dogs, 
including those used for hunting, security, or breeding purposes.
* * * * *

    Done in Washington, DC, this 1st day of June 2004.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 04-12693 Filed 6-3-04; 8:45 am]
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