Historic, Archive Document < Do not assume content reflects current scientific knowledge, policies, or practices. , 40844 Federal Register/Vol. 63, No. 147/Friday, July 31, 1998/Proposed Rules DEPARTMENT OF AGRICULTURE We are proposing to amend the We have always intended that field definition offieldstudy. Currently, a studies not include any invasive Animal and Plant Health Inspection field study, as defined in § 1.1 ofthe procedures, harm the animals under Service regulations, is any study that is study, or materially alter the behavior of “conducted on free-living wild animals the animals under study. However, we 9 CFR Part 1 in their natural habitat, which does not are concerned that, as currently worded, [Docket No. 98-043-1] involve an invasive procedure, and the definition could be interpreted to which does not harm or materially alter mean that a field study may include any Field Study; Definition the behavior ofthe animals under one ofthese situations. By clarifying the AGENCY: Animal and Plant Health study.” definition of fieldstudy, this proposed Inspection Service, USDA. We have always intended that field rule would help ensure that studies that studies not include any invasive should be subject to the Animal Welfare ACTION: Proposed rule. procedures, harm the animals under regulations are subject to the Animal SUMMARY: We are proposing to amend study, or materially alter the behavior of Welfare regulations. the Animal Welfare regulations by the animals under study. However, we The only entities that would be clarifying the definition ofthe term field are concerned that, as currently worded, affected by this proposed rule would be study. We want to clarify that a field the definition could be interpreted to entities that perform studies conducted study cannot involve an invasive mean that a field study may include any on free-living wild animals in their We procedure, harm the animals under one ofthese situations. natural habitat. estimate that at least study, or materially alter the behavior of Determining whether a study should 50 entities may be impacted by this the animals under study. As currently be classified as a field study is essential proposed rule; however, we do not have worded, the definition offieldstudy because a field study is not subject to an exact number. These entities may be could be interpreted to mean that a field the regulations in § 2.31(d). In § 2.31 considered small and large entities by study may include one ofthese paragraph (d) requires the Institutional Small Business Administration situations. This action would help Animal Care and Use Committee standards, but this proposed rule would ensure the proper use and care of (IACUC) for each research facility to only affect a small portion ofthe animals used in field studies. review all studies, except field studies, entities’ activities. As we are not DATES: Consideration will be given only to ensure that the planned care and use proposing a substantive change in the to comments received on or before ofthe animals comply with the Act and definition, the impact on these entities September 29, 1998. the regulations in 9 CFR parts 2 and 3. should not be significant. addresses: Please send an original and However, ifthe definition ofa field Under these circumstances, the three copies ofyour comments to study is not clear, a study that involves Administrator ofthe Animal and Plant Docket No. 98-043-1, Regulatory an invasive procedure or harms or Health Inspection Service has Analysis and Development, PPD, materially alters the behavior ofthe determined that this action would not APHIS, suite 3C03, 4700 River Road animals under study may be have a significant economic impact on Unit 118, Riverdale, MD 20737-1238. misclassified as a field study and, a substantial number ofsmall entities. Please state that your comments refer to accordingly, would not be reviewed by Executive Order 12372 Docket No. 98-043-1. Comments the IACUC. received may be inspected at USDA, We are, therefore, proposing to amend This program/activity is listed in the ranodomIn1d1e41p,enSdoeuntcheBAuviledniunge,S1W4.t,h Street wthoeuldedfidneiftiinoenfoifelfdiesltdusdtyuadsyainny§s1t.u1d. yWe CuantdaelrogNoo.f F1e0d.e0r2a5laDnodmeisstsuibcjeAcstsitsotance Executive Order 12372, which requires Washington, DC, between 8 a.m. and conducted on free-living wild animals e4:x3c0eppt.mh.o,liMdoaynsd.aPyertshornosugwhisFhriidnagy,to ainddthtehier npartouvriasliohnabtihtaatt.thWeetewromulfdieladlso iStnatteergaonvderlnomcaelntoaffliccioanlss,ul(tsaetei7onCwFiRthpart inspect comments are requested to call studyexcludes any study that involves 3015, subpart V.) ahead on (202) 690-2817 to facilitate an invasive procedure orhas the Executive Order 12988 entry into the comment reading room. potential to harm or materially alter the This proposed rule has been reviewed FOR FURTHER INFORMATION CONTACT: Dr. behavior ofthe animals under study. under Executive Order 12988. Civil Jerry DePoyster, Senior Veterinary Executive Order 12866 and Regulatory Justice Reform. It is not intended to Medical Officer, Animal Care, APHIS,MD Flexibility Act have retroactive effect. This rule would 4700 River Road Unit 84, Riverdale, not preempt any State and local laws, 20737-1228, (301) 734-7586. This proposed rule has been reviewed regulations, or policies, unless they SUPPLEMENTARY INFORMATION: The under Executive Order 12866. The rule present an irreconcilable conflict with Animal Welfare Act (the Act) (7 U.S.C. has been determined to be not this rule. The Act does not provide 2131 etseq.) authorizes the Secretary of significant for the purposes ofExecutive administrative procedures which must Agriculture to promulgate standards and Order 12866 and, therefore, has not be exhausted prior to ajudicial other requirements governing the been reviewed by the Office of challenge to the provisions ofthis rule. humane handling, housing, care, Management and Budget. treatment, and transportation ofcertain This proposed rule would clarify the Paperwork Reduction Act animals by dealers, research facilities, definition offieldstudy. Currently, a This proposed rule contains no exhibitors, carriers, and intermediate field study, as defined in § 1.1 ofthe information collection or recordkeeping handlers. regulations, is any study that is requirements under the Paperwork The regulations established under the “conducted on free-living wild animals Reduction Act of 1995 (44 U.S.C. 3501 Act are contained in title 9 ofthe Code in their natural habitat, which does not etseq.). ofFederal Regulations (9 CFR). chapter involve an invasive procedure, and I, subchapter A, parts 1, 2, and 3. Part which does not harm or materially alter List ofSubjects in 9 CFR Part 1 1 defines various terms used in parts 2 the behavior ofthe animals under Animal welfare, Pets, Reporting and and 3. study.” recordkeeping requirements. Research. Federal Register/Vol. 63, No. 147/Friday, July 31, 1998/Proposed Rules 40845 Accordingly, we propose to amend 9 DATES: Comments must be received on Availability ofNPRMs CFR part 1 as follows: or before September 4, 1998. Any person may obtain a copy ofthis PART 1—DEFINITION OF TERMS ADDRESSES: Submit comments in NPRM by submitting a request to the triplicate to the Federal Aviation FAA, Central Region, Office ofthe 1. The authority citation for part 1 Administration (FAA), Central Region, Regional Counsel, Attention: Rules would continue to read as follows: Office ofthe Regional Counsel, Docket No. 98-CE-69-AD, Room 1558, Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, Attention: Rules Docket No. 98-CE-69- 601 E. 12th Street, Kansas City, Missouri 2.80, and 371.2(g). AD, Room 1558, 601 E. 12th Street, 64106. w*o2u.lI*dnb§e1*.r1e,vit*sheeddte*ofirneiatdioansoffolfileolwds:study bKmaeantyswaebseenCiin8tsyap,.emMc.itseadsnodautr4tihpi6.s4m1.l0,o6cM.atoCinoodnmamyents DiTschuessFieodneral Office for Civil Aviation §1.1 Definitions. through Friday, holidays excepted. (FOCA), which is the airworthiness authority for Switzerland, recently Fieldstudymeans any study prSoeprovsiecdeAinDfomramyatbieonobthtaatinaepdplfireosmto the cnootnidfiiteidonthmeaFyAeAxitshtatonanMoudnsealfsePC-12 conducted on free-living wild animals Pilatus Aircraft Ltd., Customer Liaison and PC-12/45 airplanes that are in their natural habitat. This term Manager, CH-6371 Stans, Switzerland; equipped with the “corporate commuter excludes any study that involves an telephone: +41 41 619 62 33; facsimile: cabin layout.” This layout is a Pilatus invasive procedure or has the potential +41 41 610 33 51. This information also designation only and the affected t*o ha*rm o*r mat*erial*ly alter the behavior may be examined at the Rules Docket at airplanes are not certificated for ofan animal under study. the address above. commuter operation. The FOCA of FOR FURTHER INFORMATION CONTACT: Mr. Switzerland reports that the current Done in Washington, DC, this 27th day of Roman T. Gabrys, Aerospace Engineer, executive cabin layout ofthe above- July 1998. Small Airplane Directorate, Airplane referenced airplanes, in particular the Alfred S. Elder, Certification Service, FAA, 1201 passenger seat configuration, has been ActingAdministrator, AnimalandPlant Walnut, suite 900, Kansas City, Missouri found to not fully meet the head injury HealthInspectionService. 64106; telephone: (816) 426-6932; criteria (HIC) requirements ofsection [FR Doc. 98-20499 Filed 7-30-98; 8:45 am] facsimile: (816) 426-2169. 23.562 ofthe Federal Aviation BILLING CODE 3410-34-P Regulations (14 CFR 23.562). SUPPLEMENTARY INFORMATION: These conditions, ifnot corrected in Comments Invited a timely manner, could result in DEPARTMENT OF TRANSPORTATION passenger injuries during an airplane Interested persons are invited to crash because the passenger seat Federal Aviation Administration participate in the making ofthe configuration has been found to not 14 CFR Part 39 proposed rule by submitting such fully meet current head injury criteria written data, views, or arguments as regulations. [Docket No. 98-CE-69-AD] they may desire. Communications Relevant Service Information R!N 2120-AA64 should identify the Rules Docket number and be submitted in triplicate to Pilatus has issued Service Bulletin Airworthiness Directives; Pilatus the address specified above. All No. 25-006, dated April 7, 1998, which Aircraft Ltd. Models PC-12 and PC-12/ communications received on or before specifies procedures for modifying the 45 Airplanes the closing date for comments, specified passenger seats and seat rail covers. above, will be considered before taking The FOCA ofSwitzerland classified AGENCY: Federal Aviation action on the proposed rule. The this service bulletin as mandatory and Administration, DOT. proposals contained in this notice may issued Swiss AD HB 98-179, dated June ACTION: Notice of proposed rulemaking be changed in light ofthe comments 15, 1998, in order to assure the (NPRM). continued airworthiness ofthese received. airplanes in Switzerland. SUMMARY: This document proposes to Comments are specifically invited on adopt a new airworthiness directive the overall regulatory, economic, The FAA’s Determination (AD) that would apply to Pilatus environmental, and energy aspects of These airplane models are Aircraft Ltd. (Pilatus) Models PC-12 and the proposed rule. All comments manufactured in Switzerland and are PC-12/45 airplanes that are equipped submitted will be available, both before type certificated for operation in the with the “corporate commuter cabin and after the closing date for comments, United States under the provisions of layout.” This layout is a Pilatus in the Rules Docket for examination by section 21.29 ofthe Federal Aviation A designation only and the affected interested persons. report that Regulations (14 CFR 21.29) and the airplanes are not certificated for summarizes each FAA-public contact applicable bilateral airworthiness commuter operation. The proposed AD concerned with the substance ofthis agreement. Pursuant to this bilateral would require modifying the passenger proposal will be filed in the Rules airworthiness agreement, the FOCA of seats and seat rail covers. The proposed Docket. Switzerland has kept the FAA informed AD is the result ofmandatory Commenters wishing the FAA to ofthe situation described above. continuing airworthiness information acknowledge receipt oftheir comments The FAA has examined the findings (MCAI) issued by the airworthiness submitted in response to this notice ofthe FOCA ofSwitzerland; reviewed authority for Switzerland. The actions must submit a self-addressed, stamped all available information, including the specified by the proposed AD are postcard on which the following service information referenced above; intended to prevent passenger injuries statement is made: “Comments to and determined that AD action is because the passenger seat configuration Docket No. 98-CE-69-AD.” The necessary for products ofthis type has been found to not fully meet current postcard will be date stamped and design that are certificated for operation head injury criteria regulations. returned to the commenter. in the United States. . "