Rule2023-05372
Standards for Birds Not Bred for Use in Research Under the Animal Welfare Act; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 16, 2023
Effective
March 23, 2023
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
The Animal and Plant Health Inspection Service is correcting a final rule that was published in the Federal Register on February 21, 2023. The rule established standards governing the humane handling, care, treatment, and transportation of birds, excluding birds bred for use in research, covered under the Animal Welfare Act. The final rule erroneously omitted a word from one paragraph in the amendatory text and included an inaccurate phrase in another paragraph of the amendatory text. This document corrects these errors and amends the regulations to add the appropriate wording.
Full Text
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<title>Federal Register, Volume 88 Issue 51 (Thursday, March 16, 2023)</title>
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[Federal Register Volume 88, Number 51 (Thursday, March 16, 2023)]
[Rules and Regulations]
[Pages 16173-16174]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05372]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88 , No. 51 / Thursday, March 16, 2023 /
Rules and Regulations
[[Page 16173]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 1, 2, and 3
[Docket No. APHIS-2020-0068]
RIN 0579-AE61
Standards for Birds Not Bred for Use in Research Under the Animal
Welfare Act; Correction
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; correction.
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SUMMARY: The Animal and Plant Health Inspection Service is correcting a
final rule that was published in the Federal Register on February 21,
2023. The rule established standards governing the humane handling,
care, treatment, and transportation of birds, excluding birds bred for
use in research, covered under the Animal Welfare Act. The final rule
erroneously omitted a word from one paragraph in the amendatory text
and included an inaccurate phrase in another paragraph of the
amendatory text. This document corrects these errors and amends the
regulations to add the appropriate wording.
DATES: This correction is effective March 23, 2023.
FOR FURTHER INFORMATION CONTACT: Dr. Cody M. Yager, DVM, MPH, Avian
Specialist, Animal Care, APHIS, 4700 River Road, Unit 84, Riverdale, MD
20737; <a href="/cdn-cgi/l/email-protection#92f1fdf6ebbcffbcebf3f5f7e0d2e7e1f6f3bcf5fde4"><span class="__cf_email__" data-cfemail="f69599928fd89bd88f97919384b683859297d8919980">[email protected]</span></a>; (970) 494-7478.
SUPPLEMENTARY INFORMATION: On February 21, 2023, we published a final
rule (88 FR 10654-10721) \1\ that will be effective on March 23, 2023,
and that established standards in 9 CFR part 3 to govern the humane
handling, care, treatment, and transportation of birds, excluding birds
bred for use in research, covered under the Animal Welfare Act (AWA).
We also revised the already existing AWA regulations in parts 1 and 2
as appropriate to include birds.
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\1\ To view the final rule, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
enter APHIS-2020-0068 in the Search field.
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The amendatory instruction to the Office of the Federal Register
for the revision to Sec. 2.1 included an instruction to add two
sentences to the end of paragraph (a)(3)(iii). These sentences
constitute a new licensing exemption, specific to birds, with exemption
thresholds based on the number and size of birds sold annually.
For reasons we explain on page 10672 in the preamble to the final
rule, our intention is that the regulatory exemption threshold is to be
based on the number of birds sold annually (i.e., per calendar year).
However, we inadvertently omitted the word ``annually'' in paragraph
(a)(3)(iii) of the regulatory text in the four instances where we
intended it to occur.
We therefore consider it necessary to add the word ``annually'' to
Sec. 2.1(a)(3)(iii) in four locations to indicate our intention in the
regulatory text.
In addition, the amendatory instruction we provided to the Office
of the Federal Register for revising Sec. 3.161(g) included language
stating that carriers and intermediate handlers must not accept
unweaned birds for transport unless an attending veterinarian finds
that such transportation is necessary for veterinary care. However, on
page 10703 in the preamble to the final rule, we stated that we are
amending proposed Sec. 3.161(g) to indicate that carriers and
intermediate handlers must not accept unweaned birds for transport
unless instructions for conditions of transport to ensure the health
and well-being of the birds are specified and written by the attending
veterinarian, and signed within 10 days of shipment. We also stated
that these instructions are intended to ensure that temperature,
handling, and other conditions of transport are not detrimental to the
health and well-being of the birds in accordance with the Act. Our
intention is to allow unweaned birds to be accepted for transport as
long as the instructions for conditions of transport ensure the health
and well-being of the birds. We did not intend that veterinary care be
the sole authorized reason for transporting unweaned birds.
To correct the amendatory text with the intended meaning explained
in the preamble, we therefore consider it necessary to remove the words
``an attending veterinarian finds that such transportation is necessary
for veterinary care, and transport instructions'' in Sec. 3.161(g) and
replace them with the words ``transport instructions to ensure the
health and well-being of the birds''.
Accordingly, this rule corrects the inadvertent omission and
inaccurate phrase.
Corrections
In FR Doc. 2023-03357 appearing on page 10713 in the Federal
Register of Wednesday, February 22, 2023, the following corrections are
made:
Sec. 2.1 [Corrected]
0
1. On page 10713, in the first column in Sec. 2.1, in paragraph
(a)(3)(iii), ``* * * Also exempt from licensing is any person who sells
200 or fewer pet birds 250 grams or less, and/or sells 8 or fewer pet
birds more than 250 grams, determined by average adult weight of the
species, which were born and raised on his or her premises, for pets or
exhibition, and is not otherwise required to obtain a license. This
exemption does not extend to any person residing in a household that
collectively sells more than 200 pet birds 250 grams or less, and/or
sells more than 8 pet birds more than 250 grams, regardless of
ownership;'' is corrected to read ``* * * Also exempt from licensing is
any person who sells 200 or fewer pet birds 250 grams or less annually,
and/or sells 8 or fewer pet birds more than 250 grams annually,
determined by average adult weight of the species, which were born and
raised on his or her premises, for pets or exhibition, and is not
otherwise required to obtain a license. This exemption does not extend
to any person residing in a household that collectively sells more than
200 pet birds 250 grams or less annually, and/or sells more than 8 pet
birds more than 250 grams annually, regardless of ownership;''
Sec. 3.161 [Corrected]
0
2. On page 10719, in the second column, in Sec. 3.161, in paragraph
(g), ``Carriers and intermediate handlers must not accept unweaned
birds for transport unless an attending
[[Page 16174]]
veterinarian finds that such transportation is necessary for veterinary
care, and transport instructions are specified and written by the
attending veterinarian, and signed within 10 days of shipment.'' is
corrected to read ``Carriers and intermediate handlers must not accept
unweaned birds for transport unless transport instructions to ensure
the health and well-being of the birds are specified and written by the
attending veterinarian, and signed within 10 days of shipment.''
Done in Washington, DC, this 10th day of March 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-05372 Filed 3-15-23; 8:45 am]
BILLING CODE 3410-34-P
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