Organization, functions, and authority delegations: Animal care programs,

[Federal Register: November 10, 1998 (Volume 63, Number 217)]

[Rules and Regulations]

[Page 62925-62927]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10no98-4]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 1, 2, and 11

[Docket No. 98-024-1]

Reorganization; Animal Care

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the Animal Welfare and horse protection regulations by removing all references to ``Regulatory Enforcement and Animal Care'' and ``APHIS, REAC Sector Supervisor'' and replacing them with ``Animal Care'' and ``AC Regional Director,'' respectively. This final rule is necessary for the regulations to accurately reflect the current organizational structure of the Animal and Plant Health Inspection Service.

EFFECTIVE DATE: November 10, 1998.

FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Veterinary Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 20788-1231, (301) 734-7586.

SUPPLEMENTARY INFORMATION:

Background

In 1996, the Regulatory Enforcement and Animal Care (REAC) program area of the Animal and Plant Health Inspection Service (APHIS) was reorganized and divided into the Investigative and Enforcement Services

[[Page 62926]]

(IES) and Animal Care (AC) programs. IES is responsible for investigating instances of noncompliance with APHIS regulations, and AC conducts inspections and other activities to enforce the provisions of the Animal Welfare Act, the Horse Protection Act, and the regulations promulgated under those acts. To reflect this change in APHIS' organization, we are amending the Animal Welfare regulations in 9 CFR parts 1 and 2 and the horse protection regulations in 9 CFR part 11. Specifically, we are removing all references to ``Regulatory Enforcement and Animal Care'' and ``APHIS, REAC Sector Supervisor'' and are replacing them with references to ``Animal Care'' and ``AC Regional Director,'' respectively.

This rule relates to internal agency management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity to comment are not required, and this rule may be made effective less than 30 days after publication in the Federal Register. Further, since this rule relates to internal agency management, it is exempt from the provisions of Executive Orders 12866 and 12988. Finally, this action is not a rule as defined by the Regulatory Flexibility Act, and thus is exempt from the provisions of that Act.

Paperwork Reduction Act

This 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

9 CFR Part 1

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

9 CFR Part 2

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

9 CFR Part 11

Animal welfare, Horses, Reporting and recordkeeping requirements.

Accordingly, we are amending 9 CFR parts 1, 2, and 11 as follows:

PART 1--DEFINITION OF TERMS

  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 371.2(g).

  2. Section 1.1 is amended as follows:

    a. By removing the definition of APHIS, REAC Sector Supervisor and by adding, in alphabetical order, a definition of AC Regional Director to read as set forth below.

    b. In the definition of Deputy Administrator, by removing the words ``Regulatory Enforcement and Animal Care (REAC)'' and adding in their place the words ``Animal Care (AC)'' and by removing the word ``REAC'' and adding in its place the word ``AC''.

    Sec. 1.1 Definitions.

    * * * * *

    AC Regional Director means a veterinarian or his designee, employed by APHIS, who is assigned by the Administrator to supervise and perform the official work of APHIS in a given State or States. As used in part 2 of this subchapter, the AC Regional Director shall be deemed to be the person in charge of the official work of APHIS in the State in which the dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale has his principal place of business. * * * * *

    PART 2--REGULATIONS

  3. The authority citation for part 2 continues to read as follows:

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(g).

    Sec. 2.1 [Amended]

  4. Section 2.1 is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director'' in the following places:

    a. Paragraph (a)(1) each time they appear.

    b. Paragraph (a)(2).

    c. Paragraph (b).

    d. Paragraph (d)(2).

    e. Paragraph (e)(1).

    Sec. 2.5 [Amended]

  5. Section 2.5 is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director'' in the following places:

    a. Paragraph (a)(2).

    b. Paragraph (c).

    c. Paragraph (f) each time they appear.

    Sec. 2.6 [Amended]

  6. In Sec. 2.6, paragraph (a) is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director''.

    Sec. 2.7 [Amended]

  7. In Sec. 2.7, paragraph (a) is amended by removing the words ``APHIS, REAC Sector Supervisor'' each time they appear and adding in their place the words ``AC Regional Director''.

    Sec. 2.8 [Amended]

  8. Section 2.8 is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director''.

    Sec. 2.10 [Amended]

  9. In Sec. 2.10, paragraph (a) is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director''.

    Sec. 2.25 [Amended]

  10. In Sec. 2.25, paragraph (a) is amended by removing the words ``APHIS, REAC Sector Supervisor'' each time they appear and adding in their place the words ``AC Regional Director''.

    Sec. 2.26 [Amended]

  11. Section 2.26 is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director''.

    Sec. 2.27 [Amended]

  12. Section 2.27 is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director'' in the following places:

    a. Paragraph (a).

    b. Paragraph (b)(1) each time they appear.

    c. Paragraph (b)(2).

    Sec. 2.30 [Amended]

  13. Section 2.30 is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director'' in the following places:

    a. Paragraph (a)(1) each time they appear.

    b. Paragraph (b).

    c. Paragraph (c)(1).

    d. Paragraph (c)(2) each time they appear.

    e. Paragraph (c)(3).

    Sec. 2.31 [Amended]

  14. In Sec. 2.31, paragraph (d)(1)(x)(C) is amended by removing the words ``Regulatory Enforcement and Animal Care,''.

    Sec. 2.36 [Amended]

  15. In Sec. 2.36, paragraph (a) is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director''.

    Sec. 2.38 [Amended]

  16. Section 2.38 is amended as follows:

    a. By removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director'' in the following places:

    i. Paragraph (c).

    ii. Paragraph (g)(7), footnote 1.

    iii. Paragraph (i).

    [[Page 62927]]

    b. In paragraph (h)(2), by removing the words ``Regulatory Enforcement and Animal Care,''.

    Sec. 2.52 [Amended]

  17. In Sec. 2.52, footnote 4 is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director''.

    Sec. 2.78 [Amended]

  18. In Sec. 2.78, paragraph (b) is amended by removing the words ``Regulatory Enforcement and Animal Care,''.

    Sec. 2.102 [Amended]

  19. In Sec. 2.102, paragraphs (a) and (b) are amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director''.

    Sec. 2.127 [Amended]

  20. Section 2.127 is amended by removing the words ``APHIS, REAC Sector Supervisor'' and adding in their place the words ``AC Regional Director''.

    PART 11--HORSE PROTECTION REGULATIONS

  21. The authority citation for part 11 continues to read as follows:

    Authority: 15 U.S.C. 1823, 1824, 1825, and 1828; 44 U.S.C. 3506.

  22. In Sec. 11.1, the definition of Sector Supervisor is removed and a definition of Regional Director is added, in alphabetical order, to read as follows:

    Sec. 11.1 Definitions.

    * * * * *

    Regional Director means the APHIS veterinarian who is assigned by the Administrator to supervise and perform official duties of APHIS under the Act in a specified State or States.‹SUP›1‹/SUP›

    \1\ Information as to the name and address of the Regional Director for the State or States concerned can be obtained by writing to the Animal and Plant Health Inspection Service, Animal Care, 4700 River Road Unit 84, Riverdale, MD 20737-1234.

    * * * * *

    Sec. 11.7 [Amended]

  23. In Sec. 11.7, footnote 6 is amended by removing the words ``Regulatory Enforcement and Animal Care,''.

    Sec. 11.24 [Amended]

  24. In Sec. 11.24, paragraphs (a) and (b) are amended by removing the words ``Sector Supervisor'' and adding in their place the words ``Regional Director''.

    Done in Washington, DC, this 30th day of October, 1998 . Craig A. Reed, Administrator, Animal and Plant Health Inspection Service.

    [FR Doc. 98-30137Filed11-9-98; 8:45 am]

    BILLING CODE 3410-34-P

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