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[Federal Register Volume 63, Number 1 (Friday, January 2, 1998)]
[Rules and Regulations]
[Pages 1-2]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34178]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 3

[Docket No. 97-126-1]

Specifications for the Humane Handling, Care, Treatment, and 
Transportation of Marine Mammals; Nonsubstantive Corrections

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations regarding humane handling, 
care, treatment, and transportation of marine mammals to correct the 
designations of three footnotes. This action will result in all the 
footnotes in 9 CFR part 3, ``Standards,'' being numbered consecutively. 
We are also removing the authority citations that appear unnecessarily 
in three places in the regulations.

EFFECTIVE DATE: December 23, 1997.

FOR FURTHER INFORMATION CONTACT: Mrs. Kathy Holmes, Regulatory 
Coordination Specialist, Regulatory Analysis and Development, Program 
Planning and Development, APHIS, USDA, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238; (301) 734-8682.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 3, subpart E (Secs. 3.100 through 
3.118,

[[Page 2]]

referred to below as the regulations) contain specifications for the 
humane handling, care, treatment, and transportation of marine mammals. 
The three footnotes in subpart E are currently designated as footnotes 
1, 5, and 2. We are amending the regulations by redesignating those 
three footnotes as footnotes 6, 7, and 8, respectively. This action 
will result in all the footnotes in 9 CFR part 3, ``Standards,'' being 
numbered consecutively.
    We are also removing the authority citation that appears at the 
beginning of subpart E, as well as the authority citation that appears 
at the beginning of ``Subpart F--Specifications for the Humane 
Handling, Care, Treatment, and Transportation of Warmblooded Animals 
Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman 
Primates, and Marine Mammals'' and the authority citation that appears 
in subpart F just above Sec. 3.136, ``Consignments to carriers and 
intermediate handlers.'' The authority that applies to all of part 3, 
including subparts E and F, is cited at the beginning of the part.
    Because the changes contained in this rule are nonsubstantive in 
nature, we have found that notice and public procedure on this rule are 
unnecessary. 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 Order 12866 
and Executive Order 12988. Finally, this action is not a rule as 
defined by Pub. L. 96-354, the Regulatory Flexibility Act, and thus, is 
exempt from the provisions of the Act.

Paperwork Reduction Act

    This rule contains no new 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 3

    Animal welfare, Marine mammals, Pets, Reporting and recordkeeping 
requirements, Research, Transportation.
    Accordingly, 9 CFR part 3 is amended as follows:

PART 3--STANDARDS

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

    Authority: 7 U.S.C. 2131-2156; 7 CFR 2.22, 2.80, and 371.2(d).

    2. The authority citation for ``Subpart E--Specifications for the 
Humane Handling, Care, Treatment, and Transportation of Marine 
Mammals'' is removed.

Sec. 3.100  [Amended]

    3. In Sec. 3.100, paragraph (a), footnote 1 and its reference in 
the text are redesignated as footnote 6.

Sec. 3.102  [Amended]

    4. In Sec. 3.102, paragraph (c), footnote 5 and its reference in 
the text are redesignated as footnote 7.

Sec. 3.104  [Amended]

    5. In Sec. 3.104, paragraph (b)(1)(i), footnote 2 and its reference 
in the text are redesignated as footnote 8.
    6. The authority citation for ``Subpart F--Specifications for the 
Humane Handling, Care, Treatment, and Transportation of Warmblooded 
Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman 
Primates, and Marine Mammals'' is removed.
    7. In subpart F, under the undesignated center heading 
``Transportation Standards'', the authority citation is removed.

    Done in Washington, DC, this 23rd day of December 1997 .
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-34178 Filed 12-31-97; 8:45 am]
BILLING CODE 3410-34-P
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