80 FR 16593 - Livestock Marketing Facilities
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 80, Issue 60 (March 30, 2015)
Animal and Plant Health Inspection Service
Federal Register Volume 80, Issue 60 (March 30, 2015)
| Page Range | 16593-16594 | |
| FR Document | 2015-07217 |
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)] [Proposed Rules] [Pages 16593-16594] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07217] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 51, 71, 75, 78, 85, and 86 [Docket No. APHIS-2014-0018] RIN 0579-AE02 Livestock Marketing Facilities AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule; reopening of comment period. ----------------------------------------------------------------------- SUMMARY: We are reopening the comment period for our proposed rule that would amend the regulations governing approval of facilities that receive livestock moved in interstate commerce, as well as the conditions under which livestock may move to such facilities without official identification or prior issuance of an interstate certificate of veterinary inspection or alternative documentation. This action will allow interested persons additional time to prepare and submit comments. DATES: The comment period for the proposed rule published on January 2, 2015 (80 FR 6 through 13) is reopened. We will consider all comments that we receive on or before April 15, 2015. ADDRESSES: You may submit comments by either of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0018. Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2014-0018, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737- 1238. Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014- 0018 or in our reading room, which 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) 799-7039 before coming. FOR FURTHER INFORMATION CONTACT: Mr. Neil Hammerschmidt, Program Manager, Animal Disease Traceability, VS, APHIS, 4700 River Road Unit 200, Riverdale, MD 20737-1236; (301) 851-3539. SUPPLEMENTARY INFORMATION: [[Page 16594]] Background On January 2, 2015, we published in the Federal Register (80 FR 6 through 13, Docket No. APHIS-2014-0018) a proposal to amend the regulations in 9 CFR subchapters B and C. We proposed to amend the regulations in part 51 of subchapter B and several parts of subchapter C to, among other things, replace references to ``approved livestock facilities,'' ``approved stockyards'' and ``specifically approved stockyards'' with the term ``approved livestock marketing facilities.'' We proposed to amend the regulations in Sec. 71.20, which provide the conditions under which the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture may approve a livestock facility to receive livestock that are moved interstate under conditions that are afforded only to such approved facilities. The current regulations in that section require the person legally responsible for the day-to-day operations of the facility to execute an agreement with APHIS regarding the manner in which the facility will operate, if approved. The provisions of the agreement are currently set forth in the regulations. We proposed to remove the terms of the agreement from the regulations, and place them instead in a document titled ``The Approved Livestock Marketing Facility Agreement,'' which we would maintain on the Internet. We also proposed to update the terms of the agreement and to make other amendments to Sec. 71.20 that would update and clarify the section's content. We proposed to revise Sec. 86.4 in order to clarify the conditions under which cattle and bison may be moved interstate to an approved livestock marketing facility without official identification. We also proposed to revise Sec. 86.5 in order to clarify the conditions under which cattle or bison may be moved interstate to an approved livestock facility without an accompanying interstate certificate of veterinary inspection or owner-shipper statement. Comments on the proposed rule were required to be received on or before March 3, 2015. We are reopening the comment period on Docket No. APHIS-2014-0018. The comment period will now close on April 15, 2015. We will also accept all comments received between March 4, 2015 (the day after the close of the original comment period) and the date of this notice. This action will allow interested persons additional time to prepare and submit comments. Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. Done in Washington, DC, this 24th day of March 2015. Jere L. Dick, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2015-07217 Filed 3-27-15; 8:45 am] BILLING CODE 3410-34-P
![Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Proposed Rules 16593
animal identification, recordkeeping, requirement to consider alternatives. DEPARTMENT OF AGRICULTURE
access for inspection, confiscation of The petition states that, by amending
animals, and handling, among other the AWA regulations in the manner that Animal and Plant Health Inspection
requirements. Within part 2, subpart C PCRM suggests, we would remove these Service
contains the regulations specific to ambiguities and facilitate regulatory
research facilities. compliance. 9 CFR Parts 51, 71, 75, 78, 85, and 86
Among other requirements, research
facilities, other than Federal research We are making this petition available [Docket No. APHIS–2014–0018]
facilities, must register with APHIS and to the public and soliciting comments to
RIN 0579–AE02
appoint an Institutional Animal Care help determine what action, if any, to
and Use Committee (IACUC). The take in response to this request. The Livestock Marketing Facilities
IACUC, which must be composed of a petition and any comments submitted
chairperson and at least two other are available for review as indicated AGENCY: Animal and Plant Health
members, is required to perform certain under ADDRESSES above. We welcome Inspection Service, USDA.
functions in order to ensure the all comments on the issues outlined in ACTION: Proposed rule; reopening of
facility’s compliance with the AWA the petition. In particular, we invite comment period.
regulations. responses to the following questions:
As one of these functions, the IACUC SUMMARY: We are reopening the
1. Should APHIS establish regulatory comment period for our proposed rule
must review proposed activities
involving animals that are performed at standards for consideration of that would amend the regulations
the facility, as well as significant alternatives to procedures that may governing approval of facilities that
changes in ongoing activities, in order to cause more than momentary or slight receive livestock moved in interstate
determine that the principle investigator pain or distress to animals? commerce, as well as the conditions
has considered alternatives to 2. What constitutes an alternative to a under which livestock may move to
procedures that may cause more than procedure that may cause more than such facilities without official
momentary or slight pain or distress to momentary or slight pain or distress? If identification or prior issuance of an
the animals, and has provided a written we amend the AWA regulations to interstate certificate of veterinary
narrative description of the methods define the term alternative, what inspection or alternative
and sources used to determine that documentation. This action will allow
definition should we use?
alternatives were not available. interested persons additional time to
On October 30, 2013, APHIS received 3. What constitutes a thorough prepare and submit comments.
a petition from the Physicians consideration of alternatives? Does this DATES: The comment period for the
Committee for Responsible Medicine differ depending on the nature of the proposed rule published on January 2,
(referred to below as PCRM) requesting research conducted? If so, how? 2015 (80 FR 6 through 13) is reopened.
that we initiate rulemaking to amend 4. Who should make a determination We will consider all comments that we
the AWA regulations. Specifically, regarding the thoroughness of a primary receive on or before April 15, 2015.
PCRM asks that we amend part 1 to add investigator’s consideration of ADDRESSES: You may submit comments
a definition of the term alternatives in alternatives: The IACUC for a facility, by either of the following methods:
order to delineate what a primary APHIS, or both parties? • Federal eRulemaking Portal: Go to
investigator is required to consider in http://www.regulations.gov/
lieu of a procedure that may cause more 5. If the IACUC and APHIS should
jointly make a determination, which #!docketDetail;D=APHIS-2014-0018.
than momentary or slight pain or • Postal Mail/Commercial Delivery:
distress to the animals. The petition also responsibilities should fall to APHIS
Send your comment to Docket No.
asks that we amend the existing and which to the IACUC in terms of
APHIS–2014–0018, Regulatory Analysis
definition of painful procedure in order evaluating thoroughness?
and Development, PPD, APHIS, Station
to codify a long-standing APHIS policy 6. What documentation should the 3A–03.8, 4700 River Road Unit 118,
that a procedure should be considered primary investigator provide to Riverdale, MD 20737–1238.
to be painful if it may cause more than demonstrate that he or she has done a Supporting documents and any
momentary or slight pain of distress to thorough consideration of alternatives? comments we receive on this docket
the animals, even if this pain is
We encourage the submission of may be viewed at http://
subsequently relieved through
scientific data, studies, or research to www.regulations.gov/
anesthesia. Finally, the petition asks
support your comments and position. #!docketDetail;D=APHIS-2014-0018 or
that we amend part 2 to specify what
We also invite data on the costs and in our reading room, which is located in
must occur as part of a consideration of
benefits associated with any Room 1141 of the USDA South
alternatives.
The petition states that the intent of Building, 14th Street and Independence
recommendations. We will consider all
the AWA is to authorize research Avenue SW., Washington, DC. Normal
comments and recommendations we
facilities to undertake procedures likely reading room hours are 8 a.m. to 4:30
receive.
to produce pain or distress in animals p.m., Monday through Friday, except
Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22, holidays. To be sure someone is there to
only if no alternatives exist to these
2.80, and 371.7. help you, please call (202) 799–7039
procedures, and that the AWA
Done in Washington, DC, this 24th day of before coming.
tkelley on DSK3SPTVN1PROD with PROPOSALS
regulations support this interpretation
of the AWA itself. The petition suggests, March 2015. FOR FURTHER INFORMATION CONTACT: Mr.
however, that because of ambiguities in Jere L. Dick, Neil Hammerschmidt, Program
the AWA regulations, research facilities Acting Administrator, Animal and Plant
Manager, Animal Disease Traceability,
have sometimes construed them to Health Inspection Service. VS, APHIS, 4700 River Road Unit 200,
mean that cursory deliberation [FR Doc. 2015–07221 Filed 3–27–15; 8:45 am]
Riverdale, MD 20737–1236; (301) 851–
regarding alternatives suffices to meet 3539.
BILLING CODE 3410–34–P
this regulatory and statutory SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 17:11 Mar 27, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1](https://thefederalregister.org/doc/80_FR_16653/page/1.svg)
![16594 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Proposed Rules
Background additional time to prepare and submit commercial or financial information
comments. that is privileged or confidential.
On January 2, 2015, we published in
Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, FOR FURTHER INFORMATION CONTACT: Mr.
the Federal Register (80 FR 6 through
13, Docket No. APHIS–2014–0018) a 2.80, and 371.4. Robert M. Knop, Assistant General
proposal to amend the regulations in 9 Done in Washington, DC, this 24th day of
Counsel, Mr. Neven F. Stipanovic,
March 2015. Attorney, or Ms. Holly Ratliff, Office of
CFR subchapters B and C.
Jere L. Dick,
General Counsel, 999 E Street NW.,
We proposed to amend the Washington, DC 20463, (202) 694–1650
regulations in part 51 of subchapter B Acting Administrator, Animal and Plant
or (800) 424–9530.
and several parts of subchapter C to, Health Inspection Service.
SUPPLEMENTARY INFORMATION: On
among other things, replace references [FR Doc. 2015–07217 Filed 3–27–15; 8:45 am]
January 23, 2015, the Federal Election
to ‘‘approved livestock facilities,’’ BILLING CODE 3410–34–P
Commission received a Petition for
‘‘approved stockyards’’ and
Rulemaking from seven attorneys 1
‘‘specifically approved stockyards’’ with
(collectively ‘‘petitioners’’) regarding the
the term ‘‘approved livestock marketing FEDERAL ELECTION COMMISSION Commission’s Administrative Fines
facilities.’’ Program (‘‘AFP’’) and several of the
We proposed to amend the 11 CFR Part 111 Commission’s forms and their
regulations in § 71.20, which provide accompanying instructions. Under the
[Notice 2015–05]
the conditions under which the Animal AFP, the Commission assesses civil
and Plant Health Inspection Service Rulemaking Petition: Administrative monetary penalties for late filing and
(APHIS) of the United States Fines Program and Commission Forms failure to file certain reports as required
Department of Agriculture may approve by 52 U.S.C. 30104(a) (formerly 2 U.S.C.
a livestock facility to receive livestock AGENCY: Federal Election Commission. 434(a)) (requiring political committee
that are moved interstate under ACTION: Rulemaking Petition: Notice of treasurers to report receipts and
conditions that are afforded only to such availability. disbursements within certain time
approved facilities. The current periods). 11 CFR 111.30; see also 52
regulations in that section require the SUMMARY: On January 23, 2015, the U.S.C. 30109(a)(4)(C) (formerly 2 U.S.C.
person legally responsible for the day- Federal Election Commission received a 437g(a)(4)(C)). If the Commission
to-day operations of the facility to Petition for Rulemaking asking the determines that such a violation has
execute an agreement with APHIS Commission to expand its occurred, it may assess a civil monetary
regarding the manner in which the Administrative Fines Program and to penalty according to the AFP penalty
facility will operate, if approved. The revise and update several Commission schedules at 11 CFR 111.43–.44.
provisions of the agreement are forms and their instructions. The In December 2013, Congress
currently set forth in the regulations. Commission seeks comments on this authorized the Commission to expand
We proposed to remove the terms of petition. the scope of the AFP to encompass
the agreement from the regulations, and DATES: Comments must be submitted on reporting violations for reports filed
place them instead in a document titled or before May 29, 2015. under 52 U.S.C. 30104(c) (formerly 2
‘‘The Approved Livestock Marketing ADDRESSES: All comments must be in U.S.C. 434(c)) (certain independent
Facility Agreement,’’ which we would writing. Commenters are encouraged to expenditure reports), 52 U.S.C. 30104(e)
maintain on the Internet. We also submit comments electronically via the (formerly 2 U.S.C. 434(e)) (certain
proposed to update the terms of the Commission’s Web site at http:// federal election activity reports), 52
agreement and to make other www.fec.gov/fosers, reference REG U.S.C. 30104(f) (formerly 2 U.S.C.
amendments to § 71.20 that would 2015–01, or by email to 434(f)) (electioneering communications
update and clarify the section’s content. FinesAndForms@fec.gov. Alternatively, reports), 52 U.S.C. 30104(g) (formerly 2
We proposed to revise § 86.4 in order commenters may submit comments in U.S.C. 434(g)) (24- and 48-hour
to clarify the conditions under which paper form, addressed to the Federal independent expenditure reports), 52
cattle and bison may be moved Election Commission, Attn.: Robert M. U.S.C. 30104(i) (formerly 2 U.S.C.
interstate to an approved livestock Knop, Assistant General Counsel, 999 E 434(i)) (bundled contribution reports),
marketing facility without official Street NW., Washington, DC 20463. and 52 U.S.C. 30105 (formerly 2 U.S.C.
identification. We also proposed to Each commenter must provide, at a 437) (certain convention reports). See
revise § 86.5 in order to clarify the minimum, his or her first name, last Public Law 113–72, 127 Stat. 1210
conditions under which cattle or bison name, city, state, and zip code. All (2013). The petitioners ask the
may be moved interstate to an approved properly submitted comments, Commission to conduct a rulemaking to
livestock facility without an including attachments, will become part expand the scope of the AFP to these
accompanying interstate certificate of of the public record, and the additional categories of reporting
veterinary inspection or owner-shipper Commission will make comments violations, using an approach that
statement. available for public viewing on the considers the criteria in the penalty
Comments on the proposed rule were Commission’s Web site and in the schedule found at 11 CFR 111.43
required to be received on or before Commission’s Public Records room. (election sensitivity, level of activity,
March 3, 2015. We are reopening the Accordingly, commenters should not number of days late, and number of
previous violations) and similar factors
tkelley on DSK3SPTVN1PROD with PROPOSALS
comment period on Docket No. APHIS– provide in their comments any
2014–0018. The comment period will information that they do not wish to but eschews a strict formulaic penalty.
now close on April 15, 2015. We will make public, such as a home street The petitioners also ask the
also accept all comments received address, personal email address, date of Commission to revise several of its
between March 4, 2015 (the day after birth, phone number, social security 1 Messrs. Robert F. Bauer, Allen Dickerson,
the close of the original comment number, or driver’s license number, or Benjamin L. Ginsberg, Donald F. McGahn II,
period) and the date of this notice. This any information that is restricted from Laurence E. Gold, Robert D. Lenhard, and Bradley
action will allow interested persons disclosure, such as trade secrets or A. Smith.
VerDate Sep<11>2014 17:11 Mar 27, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1](https://thefederalregister.org/doc/80_FR_16653/page/2.svg)
Document Created: 2015-12-18 11:32:55
Document Modified: 2015-12-18 11:32:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; reopening of comment period. | |
| Dates | The comment period for the proposed rule published on January 2, 2015 (80 FR 6 through 13) is reopened. We will consider all comments that we receive on or before April 15, 2015. | |
| Contact | Mr. Neil Hammerschmidt, Program Manager, Animal Disease Traceability, VS, APHIS, 4700 River Road Unit 200, Riverdale, MD 20737-1236; (301) 851-3539. | |
| FR Citation | 80 FR 16593 | |
| RIN Number | 0579-AE02 | |
| CFR Citation | 9
CFR
51 9 CFR 71 9 CFR 75 9 CFR 78 9 CFR 85 9 CFR 86 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR