Unknown. Final rule

4,656 words·~21 min read·/register/2003/03/14/03-6161

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2003-03-14.xml --- 68 50 Friday, March 14, 2003 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Cotton research and promotion order: Cotton Board rules and regulations; amendments, 12310-12315 03-6164 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Animal welfare:

Dogs intended for hunting, breeding, or security purposes; dealer licensing and inspection requirements, 12283-12285 03-6161 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 12356-12358 03-6139 03-6140 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 12358-12361 03-6149 03-6153 Civil Civil Rights Commission NOTICES Meetings;

Sunshine Act, 12340 03-6290 Coast Guard Coast Guard RULES Ports and waterways safety: Long Island Sound and Captain of the Port Zone, NY; safety and security zones, 12304-12306 03-6327 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 12339-12340 03-6168 03-6169 Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity Exchange Act:

Eligible bunched customer orders; account identification, 12319-12324 03-6177 Community Community Development Financial Institutions Fund NOTICES Agency information collection activities; proposals, submissions, and approvals, 12401-12402 03-6147 Grants and cooperative agreements; availability, etc.: Bank Enterprise Award Program; correction, 12402-12403 03-6148 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Public Charter Schools Program, 12535-12540 03-6160 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 12381-12382 03-5905 Energy Energy Department See Energy Efficiency and Renewable Energy Office See National Nuclear Security Administration NOTICES Grants and cooperative agreements; availability, etc.:

Renewable energy development on Tribal lands, 12345 03-6167 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 12346 03-6328 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 12346-12348 03-6193 Environmental statements; availability, etc.: Agency statements— Comment availability, 12349 03-6196 Weekly receipts, 12348-12349 03-6195 Meetings: State and tribal toxics action forum, 12349-12351 03-6300 Reports and guidance documents; availability, etc.:

Clinch and Powell Valley Watershed Ecological Risk Assessment, 12351 03-6194 Executive Executive Office of the President See Management and Budget Office See Presidential Documents Farm Farm Service Agency PROPOSED RULES Special programs: Indian Tribal Land Acquisition Program; revision, 12309-12310 03-6162 FAA Federal Aviation Administration RULES Aircraft: Repair stations, 12541-12542 03-6181 Airworthiness directives: Dornier, 12285-12287 03-5860 PROPOSED RULES Airworthiness directives:

Eurocopter France, 12318-12319 03-6137 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 12351-12355 03-6143 03-6145 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 12355 03-6277 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 12355 03-6348 Federal Emergency Federal Emergency Management Agency RULES Emergency Preparedness and Response Directorate:

Firefighters Assistance Grant Program, 12543-12552 03-6171 NOTICES Grants and cooperative agreements; availability, etc.: Firefighters Assistance Program, 12552-12560 03-6172 Federal Reserve Federal Reserve System PROPOSED RULES Bank holding companies and change in bank control (Regulation Y): Commodities underlying derivative contracts; title delivery, 12316-12318 03-6155 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 12355-12356 03-6156 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 12403 03-6115 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Desert yellowhead, 12326-12336 03-6131 Vernal pool crustaceans and plants in California and Oregon, 12336-12337 03-6370 NOTICES Meetings: Hanford Reach National Monument Federal Advisory Committee, 12363 03-6135 Food Food and Drug Administration PROPOSED RULES Human drugs and biological products: Bar code label requirements, 12499-12534 03-5205 Pre- and postmarketing safety reporting requirements, 12405-12497 03-5204 Food Food Safety and Inspection Service NOTICES Meetings:

Codex Alimentarius Commission— Food Labeling Committee, 12338-12339 03-6122 Forest Forest Service NOTICES Environmental statements; notice of intent: Helena National Forest, MT, 12339 03-6042 GSA General Services Administration NOTICES Acquisition regulations: Request for Authorization of Additional Classification and Rate (SF 1444); form revision, 12356 03-6125 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department RULES Grants:

Sterilization of persons in federally assisted family planning projects, 12306-12308 03-5630 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 12363 03-5786 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 12361-12363 03-6173 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Stock dispositions; suspension of losses, 12287-12300 03-6119 PROPOSED RULES Income taxes: Stock dispositions; suspension of losses, 12324-12326 03-6118 International International Trade Administration NOTICES Overseas trade missions: 2003 trade missions— Asian Infrastructure Trade Mission, Istanbul, Turkey, et al., 12341 03-6134 *Applications, hearings, determinations, etc.:* University of— Chicago, 12340-12341 03-6182 Missouri-Kansas City, 12341 03-6183 International International Trade Commission NOTICES Import investigations:

Generalized System of Preferences; possible modifications; 2002 review; correction, 12379 03-6124 Steel; monitoring developments in domestic industry, 12380-12381 03-6123 Labor Labor Department See Employment Standards Administration See Occupational Safety and Health Administration See Veterans Employment and Training Service Land Land Management Bureau NOTICES Meetings: California Desert District Advisory Council, 12363 03-6138 Resource management plans, etc.: Gunnison Gorge National Conservation Area, CO, 12363-12365 03-5889 Management Management and Budget Office NOTICES Commercial activities performance (Circular A-76):

Federal pay raise assumptions and inflation factors (Transmittal Memorandum No. 25), 12388 03-6127 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 12399-12400 03-6170 National Labor National Labor Relations Board NOTICES Senior Executive Service: Performance Review Boards; membership, 12382 03-6116 National National Nuclear Security Administration NOTICES Grants and cooperative agreements; availability, etc.:

Renewable energy efficiency and emissions performance; reduction in parasitic energy losses in Class 3-8 trucks, 12346 03-6166 NOAA National Oceanic and Atmospheric Administration NOTICES Endangered and threatened species: Anadromous fish take— Pacific salmon and steelhead, 12342-12343 03-6199 Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico reef fish; greater amberjack rebuilding plan, 12344-12345 03-6197 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Canyon De Chelly National Monument, AZ, 12365-12366 03-6207 Glacier Bay National Park and Preserve, AK, 12366 03-6206 Petrified Forest National Park, AZ, 12366-12368 03-6208 Rock Creek Park, Washington, DC, 12368 03-6200 Tonto National Monument, AZ, 12368-12369 03-6204 Meetings: Cape Cod National Seashore Advisory Commission, 12369 03-6205 Chalmette Battlefield Task Force Committee, 12369 03-6203 Gates of Arctic National Park Subsistence Resource Commission, 12369-12370 03-6209 National Register of Historic Places:

Pending nominations, 12370-12372 03-6201 03-6202 Native American human remains and associated funerary objects: Denver Art Museum, CO— Medicine cord, etc., 12372-12373 03-6215 Justice Department, Federal Bureau of Investigation, Rapid City, SD— Inventory from Crystal Cave Park, SD, 12374-12375 03-6216 Justice Department, Marshals Service, Oklahoma City, OK— Inventory from Greer County, OK, 12373-12374 03-6214 Nevada State Museum, Reno, NV— Inventory from Winnemucca Lake, Washoe County, NV, 12375 03-6212 Oregon State Museum of Anthropology, Eugene, OR— Inventory from Wasco County, OR, 12376 03-6213 Peabody Museum of Archaeology and Ethnology, Harvard University, MA— Inventory from varioius locations in Broome County, NY; correction, 12377 03-6211 Inventory from various sites in New York; correction, 12376-12377 03-6210 Springfield Science Museum, MA— Shell beads from Shield's Mound Complex, FL, 12377-12378 03-6218 UCLA Fowler Museum of Cultural History, Los Angeles, CA— Inventory from Patterson, CA, 12378-12379 03-6217 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent:

Exelon Generation Co., LLC, 12385-12387 03-6157 03-6158 *Applications, hearings, determinations, etc.:* Tennessee Valley Authority, 12382-12384 03-6159 Occupational Occupational Safety and Health Administration RULES Safety and health standards: Grain handling facilities, 12301-12303 03-6117 Office Office of Management and Budget See Management and Budget Office Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 12303-12304 03-6142 NOTICES Multiemployer plans:

Interest rates and assumptions, 12388-12389 03-6141 Privacy Act: Systems of records, 12389-12391 03-6271 Presidential Presidential Documents EXECUTIVE ORDERS Global War on Terrorism Medals; establishment, 12565-12568 03-6445 ADMINISTRATIVE ORDERS Iran; continuation of national emergency (Notice of March 12, 2003), 12561-12563 03-6421 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 12391-12392 03-6190 03-6191 Meetings;

Sunshine Act, 12392 03-6326 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 12393-12395 03-6129 Chicago Stock Exchange, Inc., 12396-12397 03-6130 National Association of Securities Dealers, Inc., 12397-12398 03-6128 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 12398-12399 03-6120 Disaster loan areas: Tennessee, 12399 03-6121 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 12379 03-6189 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Tongue River Railroad Co., 12400 03-6176 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Surface Transportation Board See Transportation Statistics Bureau NOTICES Aviation proceedings: Agreements filed; weekly receipts, 12399 03-6184 Transportation Transportation Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 12400-12401 03-6185 Treasury Treasury Department See Community Development Financial Institutions Fund See Fiscal Service See Internal Revenue Service Veterans Veterans Employment and Training Service NOTICES Meetings:

Veterans Employment and Training Advisory Committee, 12382 03-6146 Separate Parts In This Issue Part II Health and Human Services Department, Food and Drug Administration, 12405-12497 03-5204 Part III Health and Human Services Department, Food and Drug Administration, 12499-12534 03-5205 Part IV Education Department, 12535-12540 03-6160 Part V Transportation Department, Federal Aviation Administration, 12541-12542 03-6181 Part VI Homeland Security Department, Federal Emergency Management Agency, 12543-12560 03-6171 03-6172 Part VII Executive Office of the President, Presidential Documents, 12561-12563 03-6421 Part VIII Executive Office of the President, Presidential Documents, 12565-12568 03-6445 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 50 Friday, March 14, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 1 [Docket No. 99-087-3] Licensing and Inspection Requirements for Dealers of Dogs Intended for Hunting, Breeding, or Security Purposes AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the animal welfare regulations to reflect our policy of regulating only wholesale dealers, and not retail dealers, of dogs intended for hunting, breeding, or security purposes. We currently regulate these wholesale dealers under the same regulations in place for wholesale dealers of other dogs. This action makes the regulations consistent with our policy and, therefore, clarifies licensing and inspection requirements for affected dealers of dogs intended for hunting, breeding, or security purposes.

EFFECTIVE DATE: April 14, 2003. FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Staff Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737-1234;

(301)734-7586. SUPPLEMENTARY INFORMATION: Background The Animal Welfare Act

(AWA)(7 U.S.C. 2131 *et seq.* ) authorizes the Secretary of Agriculture to promulgate standards and other requirements governing the humane handling, housing, 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 enforcing the AWA to the Administrator of the Animal and Plant Health Inspection Service (APHIS). The regulations established under the AWA 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. Part 2 contains general requirements for regulated parties, and part 3 contains specific requirements for the care and handling of certain animals. Subpart A of part 3 contains the requirements applicable to cats and dogs. Under section 4 of the AWA (7 U.S.C. 2134), a dealer may not sell an animal as a pet or for exhibition unless he or she first obtains a license from the Secretary. Section 4 also requires a dealer to have a license to buy from or sell to another dealer ( *i.e.* , at the wholesale level). Because dogs sold for hunting, breeding, or security purposes are not sold to research facilities, or for use as pets or for exhibition, dealers in these dogs do not need a license to buy or sell them unless they do so at the wholesale level. Section 13 of the AWA (7 U.S.C. 2143) directs the Secretary to promulgate standards of care with which regulated dealers must comply. Because section 4 of the AWA requires the regulation only of wholesale dealers of hunting, breeding, and security dogs, retail dealers of such dogs are not subject to the standards promulgated under section 13 of the AWA. In accordance with the AWA, on July 19, 1999, we published in the **Federal Register** (64 FR 38546-38548, Docket No. 97-018-4) a decision and a policy statement that notified the public that, among other things, we had established a policy to license and inspect wholesale dealers of dogs intended primarily for hunting, breeding, or security purposes. This means that we currently regulate these dealers under the same regulations in place for wholesale dealers of other dogs. We instituted this policy to help ensure the humane handling, care, and treatment of hunting, breeding, and security dogs. Because the regulations at § 2.1 require that all dealers of dogs must be licensed and inspected, we published in the **Federal Register** on December 4, 2000 (65 FR 75635-75637, Docket No. 99-087-1), a proposal to amend the regulations to reflect the intent of the AWA and our policy of regulating only wholesale dealers of dogs intended for hunting, breeding, or security purposes. Specifically, we proposed to amend the definition of *dealer* in § 1.1 to make it clear that, with respect to dealers of hunting, breeding, and security dogs, the term applies only to wholesale dealers of these dogs. We solicited comments concerning our proposal for 60 days ending February 2, 2001. We extended the deadline for comments until April 3, 2001, in a document published in the **Federal Register** on January 22, 2001 (66 FR 6491-6492, Docket No. 99-087-2). We received 28,485 comments by April 3, 2001, the closing date of the extended comment period. The comments, which were primarily form letters or variations of form letters, were from dog breeders, animal welfare advocates (both individuals and organizations), dog owners and fanciers, representatives of State and local governments, and members and representatives of kennel clubs or specific dog breed associations. These comments are discussed below. Several thousand commenters suggested that all breeders of dogs that can be considered hunting, breeding, or security dogs should be regulated at not only the wholesale level, but at the retail level as well. Many of these commenters also suggested that our policy and proposal were contrary to the intent of the AWA. In response, it is important to note that we proposed this action in order to bring our regulations into accord with our policy of regulating only wholesale dealers of dogs intended for hunting, breeding, or security purposes. Our policy statement, discussed previously, clarified that we regulate only wholesale dealers of dogs intended for hunting, breeding, or security purposes. Again, this continuity-creating action helps ensure the humane handling, care, and treatment of hunting, breeding, and security dogs. As described above, the regulations at § 2.1 require that all dealers of dogs must be licensed and inspected. Currently, then, because our definition of *dealer* in § 1.1 can be extended or interpreted to include both wholesale and retail dealers of hunting, breeding, and security dogs, our regulations have been inconsistent with our published policy. As stated previously and in the proposed rule, the change will be reflected in the definition of *dealer* in § 1.1. We do not believe that modifying the definition of *dealer* to reflect our policy is contrary to the intent of the AWA because the Act does not make retail dealers of dogs intended for hunting, breeding, or security purposes subject to Federal licensing and regulation. We believe it is important to modify the definition of *dealer* in order to make explicit the provisions of the Act. It is important to note that our change is consistent with congressional revisions of the AWA in which Congress did not alter our definition of *retail pet store.* Therefore, we are confident that the proposed rule and this final rule reflect Congress' original and continuing intent that, with respect to dealers of hunting, breeding, and security dogs, the definition of *dealer* focus solely on dealers who sell on the wholesale level. We also believe that our implementation of the AWA has significantly improved the well-being of animals owned by the wholesale dealers we regulate, as well as that of animals owned by retail dealers. It is likely that many retail outlets have improved the living standards of their animals in order to meet the standards of their wholesale counterparts. Further, we have determined that retail dealers, especially those who sell from their homes, are already subject to a degree of self-regulation and oversight by persons who purchase animals from the retailers' homes, as well as by breed and registry organizations, which require their registrants to meet certain guidelines related to the health and genetic makeup of animals bred and to the education of the registrants. Typically, wholesale dealers do not have the same amount of oversight from the public. Other commenters suggested that unregulated retail dealers of purebred dogs have no regard for hereditary diseases they propagate. These commenters indicated that unsuspecting customers who purchase diseased animals have no means for Federal recourse. Many of these same commenters noted that retail dealers who are humane would welcome licensing and inspection requirements. In response, retail dealers of pets are not unregulated. Many State and local laws and ordinances are in place to monitor and respond to allegations of inhumane treatment and inadequate housing for animals owned by private retail dealers. Another large group of commenters supported most of the proposal, but requested that we further modify the definition of “dealer” in § 1.1 to include establishments referred to as “puppy mills.” These commenters indicated that retail dealers should remain excluded from the definition of “dealer,” but suggested that we need to regulate high-volume dealers. Although there is no standard, fully encompassing definition for the term “puppy mill,” most people use it to refer to high-volume breeding establishments that sell dogs at the wholesale level and sell few, if any, dogs directly to the public. Therefore, as wholesale dealers, the sellers in question are subject to licensing and inspection requirements. We are not making any changes to the rule as a result of these comments because we have determined that this rule will make our regulations more consistent with our policy to regulate only wholesale dealers of dogs intended for hunting, breeding, or security purposes, and will, therefore, clarify licensing and inspection requirements for affected dealers of these dogs. We received a total of 1,238 comments expressing support for our proposal. The vast majority of these comments came from self-identified hobby breeders who indicated they were registered with kennel clubs or other breed registry organizations. Many of these commenters indicated that their breeding dog was a family pet and their hobby breeding establishment was a home-based business. Most commenters shared the concern that additional regulation of retail dealers would require them to become registered dealers and to adhere to licensing and inspection requirements. Those who expressed this concern were adamantly opposed to paying licensing fees for their hobby breeding establishments and having their private homes inspected. Many suggested that such requirements would be cumbersome, if not impossible, to enforce. In response, we are charged with enforcing the provisions of the AWA which require the regulation only of wholesale dealers of hunting, breeding, or security dogs. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In accordance with 5 U.S.C. 604, we have performed a final regulatory flexibility analysis, which is set out below, regarding the economic effects of this rule on small entities. This final rule amends the regulations to reflect our policy of regulating only wholesale dealers of dogs intended for hunting, breeding, or security purposes. As such, this action does not result in any change to our operations. We currently help ensure the humane handling, care, and treatment of hunting, breeding, and security dogs through the licensing and inspection of wholesale dealers of these dogs; we regulate these dealers under the same regulations in place for wholesale dealers of other types of dogs. We have used all available data to estimate the potential economic effects of changing the definition of *dealer* in § 1.1 to reflect our policy of regulating wholesale dealers of hunting, breeding, or security dogs. However, specific data concerning the number of small entities that will be affected by this rule is not available. In our proposed rule, we invited comments. However, none of the comments we received specifically addressed potential economic effects. To comply with our current policy and the regulations, wholesale dealers of dogs intended for hunting, breeding, or security purposes incur costs for licensing, as well as other expenses. The costs of licensing for affected dealers include an annual application fee of $10 and an annual class “A” license fee based on 50 percent of total gross sales or compensation from leased animals. License fee amounts are determined according to ranges shown in Table 1 of 9 CFR part 2, § 2.6. Among other costs incurred by wholesale dealers of hunting, breeding, and security dogs are expenses related to veterinary care, tagging or tattoo marking for animal identification, recordkeeping, health certification of dogs commercially transported, and maintenance of appropriate facilities and operating standards ( *see* 9 CFR part 3, subpart A). It is reasonable to assume, however, that these responsibilities are met by affected dealers simply as a matter of good business practice. When dealers satisfy the facilities and operating standards of the regulations by, for example, providing a safe and healthy environment (including appropriate heating, cooling and ventilation of the dogs' housing to adequate feeding and exercising programs), those dealers are contributing to their dogs' eventual sale value. As another example, records of transactions can only further a wholesale dealer's business success. Therefore, it is in a dealer's financial interest to promote the health and well-being of his or her dogs in accordance with the regulations. However, if any wholesale dealers of hunting, breeding, or security dogs were not in compliance with the regulations in 9 CFR parts 2 and 3 prior to our policy announcement on July 19, 1999, they will likely have incurred expenses related to meeting these requirements. We do not have information on the number of such dealers or what their expenses might be. The purpose of this rule is actually to remove requirements covering dealers who sell hunting, breeding, or security dogs at the retail level. Those dealers will experience no economic effects from this action since we have never enforced those provisions. The Regulatory Flexibility Act requires that agencies consider the economic effects of rules on small entities. The Small Business Administration determines the criteria by which entities are classified as “small,” using the North American Industry Classification System (NAICS) categories. Wholesale dealers of hunting, breeding, or security dogs are included within NAICS category 112990, “All Other Animal Production.” Small entities in this category are ones with annual receipts of $750,000 or less. Although data is not available on the number of wholesale dealers of hunting, breeding, or security dogs, or their incomes, we presume the majority are small entities. While a substantial number of affected dealers may be small entities, we expect the effect of this rule on these dealers will be insignificant because licensing and inspection fees will remain the same. This action simply makes our regulations consistent with our policy and, therefore, clarifies licensing and inspection requirements for affected dealers of dogs intended for hunting, breeding, and security purposes. This rule contains various recordkeeping requirements, which were described in our proposed rule, and which have been approved by the Office of Management and Budget (See “Paperwork Reduction Act” below). Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. ( *See* 7 CFR part 3015, subpart V.) Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Animal Welfare Act does not provide administrative procedures which must be exhausted prior to a judicial challenge to the provisions of this rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this rule have been approved by the Office of Management and Budget

(OMB)under OMB control number 0579-0169. Government Paperwork Elimination Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the Government Paperwork Elimination Act (GPEA), which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. For information pertinent to GPEA compliance related to this rule, please contact Mrs. Celeste Sickles, APHIS’ Information Collection Coordinator, at

(301)734-7477. List of Subjects in 9 CFR Part 1 Animal welfare, Pets, Reporting and recordkeeping requirements, Research. Accordingly, we are amending 9 CFR Part 1 as follows: PART 1—DEFINITION OF TERMS 1. The authority citation of part 1 continues to read as follows: Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7. 2. In § 1.1 the definition for *dealer* is revised to read as follows: § 1.1 Definitions. *Dealer* means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of: Any dog or other animal whether alive or dead (including unborn animals, organs, limbs, blood, serum, or other parts) for research, teaching, testing, experimentation, exhibition, or for use as a pet; or any dog at the wholesale level for hunting, security, or breeding purposes. This term does not include: A retail pet store, as defined in this section, unless such store sells any animal to a research facility, an exhibitor, or a dealer (wholesale); any retail outlet where dogs are sold for hunting, breeding, or security purposes; or any person who does not sell or negotiate the purchase or sale of any wild or exotic animal, dog, or cat and who derives no more than $500 gross income from the sale of animals other than wild or exotic animals, dogs, or cats during any calendar year. Done in Washington, DC, this 10th day of March, 2003. Peter Fernandez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-6161 Filed 3-13-03; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

U.S. Code