[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Rules and Regulations]
[Pages 47077-47078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16011]



 ========================================================================
 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. 70, No. 155 / Friday, August 12, 2005 / Rules 
and Regulations  

[[Page 47077]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

[Docket No. 05-057-1]


Rules of Practice for Certain Adjudicatory Proceedings; 
Commercial Transportation of Equines for Slaughter

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the administrative regulations of the Office 
of the Secretary of Agriculture to provide that the rules of practice 
contained in those administrative regulations shall be applicable to 
adjudicatory proceedings under the Animal and Plant Health Inspection 
Service's regulations pertaining to the commercial transportation of 
equines to slaughtering facilities. This final rule is necessary to 
clarify the rules of practice that will apply to the adjudication of a 
violation of regulations pertaining to the commercial transportation of 
equines to slaughtering facilities.

DATES: Effective August 12, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Steve O'Neill, Assistant Chief, 
Regulatory Analysis and Development, PPH, APHIS, 4700 River Road Unit 
118, Riverdale, MD 20737-1238; (301) 734-8682.

SUPPLEMENTARY INFORMATION:

Background

    Sections 901-905 of the Federal Agriculture Improvement and Reform 
Act of 1996 (7 U.S.C. 1901 note) authorize the Secretary of Agriculture 
to issue guidelines for the regulation of commercial transportation of 
equines for slaughter by persons regularly engaged in that activity 
within the United States. To fulfill this responsibility, the Animal 
and Plant Health Inspection Service (APHIS) of the U.S. Department of 
Agriculture established regulations in title 9, part 88, of the Code of 
Federal Regulations.
    The purpose of the regulations in 9 CFR part 88, ``Commercial 
Transportation of Equines for Slaughter,'' is to establish minimum 
standards to ensure the humane movement of equines to slaughtering 
facilities via commercial transportation. As directed by Congress, the 
regulations cover, among other things, the food, water, and rest 
provided to such equines prior to their being loaded for 
transportation, the condition of the conveyance in which they are 
transported, and the responsibilities of the owner/shipper of the 
equines upon arrival at the slaughtering plant. The regulations also 
require the owner/shipper of the equines to take certain actions in 
loading and transporting the equines to ensure that the equines are 
transported safely and humanely and require that the owner/shipper of 
the equines prepare and maintain paperwork certifying that the 
commercial transportation meets certain requirements. In addition, the 
regulations prohibit the use of electric prods on equines in commercial 
transportation to slaughter, and, after December 7, 2006, the use of 
double-deck trailers for commercial transportation of equines to 
slaughtering facilities.
    In its final rule establishing the regulations in 9 CFR part 88 
(see 66 FR 63588-63617), APHIS also amended its regulations in 9 CFR 
part 70, ``Rules of Practice Governing Proceedings under Certain 
Acts,'' to indicate that the uniform rules of practice for the 
Department of Agriculture promulgated in 7 CFR part 1, subpart II, 
would be applicable to adjudicatory, administrative proceedings under 
the equines for slaughter regulations.
    Although the APHIS regulations were amended to indicate the 
applicability of those rules of practice, a corresponding amendment was 
not made in the administrative regulations of the Office of the 
Secretary in 7 CFR part 1, subpart II, ``Rules of Practice Governing 
Formal Adjudicatory Proceedings Instituted by the Secretary Under 
Various Statutes'' (7 CFR 1.130 through 1.151). Therefore, in this 
final rule we are attending Sec.  1.131, ``Scope and applicability of 
this subpart,'' to provide that the rules of practice contained in 
subpart II shall be applicable to adjudicatory proceedings under the 
regulations in 9 CFR part 88 pertaining to the commercial 
transportation of equines to slaughtering facilities.
    This rule relates to internal agency management. Therefore, this 
rule is exempt from the provisions of Executive Orders 12866 and 12988. 
Moreover, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and 
opportunity for comment are not required for this rule, and it may be 
made effective less than 30 days after publication in the Federal 
Register. In addition, under 5 U.S.C. 804, this rule is not subject to 
congressional review under the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121. Finally, this action is not a 
rule as defined by 5 U.S.C. 601 et seq., the Regulatory Flexibility 
Act, and thus is exempt from the provisions of that Act.

Paperwork Reduction Act

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

List of Subjects in 7 CFR Part 1

    Administrative practice and procedure, Agriculture, Antitrust, 
Blind, Claims, Concessions, Cooperatives, Equal access to justice, 
Federal buildings and facilities, Freedom of Information, Lawyers, 
Privacy.

0
Accordingly, we are amending 7 CFR part 1 as follows:

PART 1--ADMINISTRATIVE REGULATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  5 U.S.C. 301, unless otherwise noted.

Subpart H--Rules of Practice Governing Formal Adjudicatory 
Proceedings Instituted by the Secretary Under Various Statutes

0
2. In Sec.  1.131, paragraph (b) is amended as follows:
0
a. In paragraph (b)(4), by removing the word ``and''.
0
b. By redesignating paragraph (b)(5) as paragraph (b)(6) and by adding 
a new

[[Page 47078]]

paragraph (b)(5) to read as set forth below.


Sec.  1.131  Scope and applicability of this subpart.

* * * * *
    (b) * * *
    (5) Adjudicatory proceedings under the regulations promulgated 
under sections 901-905 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 1901 note) pertaining to the commercial 
transportation of equines to slaughtering facilities (9 CFR part 88); 
and
* * * * *

    Done in Washington, DC, this 8th day of August, 2005.
Mike Johanns,
Secretary of Agriculture.
[FR Doc. 05-16011 Filed 8-11-05; 8:45 am]
BILLING CODE 3410-34-M