[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Rules and Regulations]
[Page 47077-47078]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-1]
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Rules and Regulations
Federal Register
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[[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.
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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
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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''.
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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]
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