[Federal Register: April 10, 2007 (Volume 72, Number 68)]
[Proposed Rules]               
[Page 17814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap07-10]                         

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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[[Page 17814]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 1

[Docket No. APHIS-2006-0158]

 
Animal Welfare; Petition for Rulemaking

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of petition and request for comments.

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SUMMARY: We are notifying the public of our receipt of a petition for 
rulemaking, and we are soliciting public comment on that petition. The 
petition, sponsored by The Hunte Corporation, requests that we replace 
the definition of Class ``B'' licensee in the Animal Welfare Act 
regulations with four new categories of licensees: Pet distributor, 
exhibitor animal distributor, laboratory animal distributor, and other 
distributor.

DATES: We will consider all comments that we receive on or before June 
11, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov
, select ``Animal and Plant Health Inspection 

Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0158 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0158, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0158.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.


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

    The Animal Welfare Act (the Act, 7 U.S.C. 2131 et seq.) authorizes 
the Secretary of Agriculture to promulgate standards and other 
requirements governing the humane handling, care, treatment, and 
transportation of certain animals by dealers, research facilities, 
exhibitors, carriers, and intermediate handlers. The Secretary of 
Agriculture has delegated the responsibility of administering the Act 
to the Administrator of the Animal and Plant Health Inspection Service 
(APHIS). The regulations established under the Act are contained in 
title 9 of the Code of Federal Regulations (9 CFR), chapter I, 
subchapter A, parts 1, 2, and 3. Part 1 defines various terms used in 
parts 2 and 3.
    In part 1, Sec.  1.1 sets forth definitions for three classes of 
licensees: Class ``A,'' Class ``B,'' and Class ``C.'' Class ``A'' 
licensees are dealers whose business consists only of animals that are 
bred and raised on the premises and acquired for the sole purpose of 
maintaining or enhancing the breeding colony. Class ``B'' licensees are 
dealers whose business includes the purchase or resale of any animal. 
Class ``B'' licensees do not usually take actual physical possession or 
control of the animals or hold them in any facilities. Class ``C'' 
licensees are exhibitors whose business involves the showing or 
displaying of animals to the public. Class ``C'' licensees may buy and 
sell animals as a minor part of their business to maintain or add to 
their animal collection.
    APHIS has received a petition for rulemaking sponsored by The Hunte 
Corporation, a Class ``B'' licensee, requesting changes to the 
definition of Class ``B'' licensee contained in Sec.  1.1 of the 
regulations. Specifically, the petition requests that we replace the 
definition of Class ``B'' licensee with four new categories of dealers: 
Pet distributor, exhibitor animal distributor, laboratory animal 
distributor, and other distributor.
    The petition is available for review on the Regulations.gov Web 
page and in our reading room (see ADDRESSES above for instructions for 
accessing Regulations.gov and for information on the location and hours 
of the reading room). Copies may also be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT. We invite comments on the 
changes discussed in the petition.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.

    Done in Washington, DC, this 4th day of April 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-6701 Filed 4-9-07; 8:45 am]

BILLING CODE 3410-34-P