[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
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.
-----------------------------------------------------------------------
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]
BILLING CODE 3410-34-P