[Federal Register Volume 67, Number 8 (Friday, January 11, 2002)]
[Proposed Rules]
[Pages 1418-1419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-740]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 67, No. 8 / Friday, January 11, 2002 / 
Proposed Rules  

[[Page 1418]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 01-023-1]


Microchip Implants as an Official Form of Identification for Pet 
Birds

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to allow the use of microchip implants as an 
acceptable form of identification for pet birds of U.S. origin 
returning to this country after being outside the UnitedStates. The 
regulations currently provide for the use of leg bands or tattoos to 
identify such birds, but microchips have become the preferred method of 
identification used by avian veterinary practitioners. This proposed 
change would provide for the use of an additional means of identifying 
certain U.S. origin pet birds while continuing to provide protection 
against the introduction of communicable poultry diseases into the 
United States.

DATES: We invite you to comment on this docket. We will consider all 
comments we receive that are postmarked, delivered, or e-mailed by 
March 12, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 01-023-1, Regulatory Analysis and Development, PPD,APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 01-023-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket 
No.01-023-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room 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) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Sara Kaman, Senior Staff 
Veterinarian, Technical Trade Services, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; 
(301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 (referred to below as the 
regulations) regulate the importation of certain animals and birds, 
including pet birds, to prevent the introduction of communicable 
diseases of livestock and poultry.
    The regulations in Sec. 93.101(c)(2)(i) currently require that pet 
birds of U.S. origin returning to the United States must have been 
identified prior to departure from the United States with a leg band or 
tattoo identification number. The leg band or tattoo number must be 
listed on the veterinary health certificate that was issued prior to 
the bird's departure from the United States. This health certificate 
must accompany the bird upon its return to the United States.
    However, it is increasingly difficult for pet bird owners to obtain 
a leg band or tattoo, since most private avian veterinarians no longer 
utilize these forms of identification. Although some psittacine birds 
may be banded by the breeder as hatchlings, microchip implants are the 
preferred form of identification for most private avian veterinarians 
because some birds do not adapt well to wearing a leg band (they chew 
the band or catch it on objects, potentially injuring themselves), and 
because the thin skin of birds makes it difficult to read a tattoo.
    Therefore, we are proposing to allow owners of birds of U.S. origin 
the option of identifying their pet birds with a microchip implant. We 
would amend the regulations in this respect to state that the 
veterinary health certificate accompanying the bird must show the leg 
band, tattoo, or microchip identification number that was affixed to 
the bird prior to the departure of the bird from the United States. 
This proposed change would provide for the use of an additional means 
of identifying certain U.S. origin pet birds while continuing to 
provide protection against the introduction of communicable poultry 
diseases into the United States.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    We are proposing to allow the use of microchip implants as an 
acceptable form of identification for pet birds of U.S. origin 
returning to this country after being outside the United States. The 
regulations currently provide for the use of leg bands or tattoos to 
identify such birds, but microchips have become the preferred method of 
identification used by avian veterinary practitioners. This proposed 
change would provide for the use of an additional means of identifying 
certain U.S. origin pet birds.
    The groups affected by this proposed rule would be pet bird owners 
who travel with their birds outside the United States and microchip 
manufacturers. According to the port of entry records of the Animal and 
Plant Health Inspection Service (APHIS), approximately 400 bird owners 
traveled outside of the United States with their pet birds in calendar 
year 2000. Under this proposed rule, those bird owners would be allowed 
to use microchip identification instead of the leg bands or tattoos 
currently provided for by the regulations. Bird owners would benefit 
from this proposed change because it is becoming more difficult to find 
a veterinarian who carries leg bands for pet bird identification, and 
tattoos are

[[Page 1419]]

rarely used to identify birds any more. Microchips will thus make the 
task of identifying a pet bird before leaving the United States more 
convenient. In most cases, an APHIS inspector at the port of entry 
would be able to use a microchip scanner to confirm the identity of the 
bird without handling the bird or removing it from the cage, thus 
avoiding additional stress on the bird.
    Bird owners who choose to identify their birds with a microchip 
would have to pay $25 to $40 per microchip plus the cost of the 
veterinarian office visit to insert the microchip. The cost of the 
microchips is projected to be slightly higher than the conventional leg 
band, although current costs for leg bands and tattoos are not 
available due to the lack of veterinarians who will perform these 
services.
    Microchip manufacturers could potentially benefit from a slight 
increase in microchip sales generated by this proposed rule. It appears 
that all potentially affected microchip manufacturers (NAICS code 
334111) are small entities, according to Small Business Administration 
criteria (i.e., 1,000 or fewer employees).
    In summary, this proposed rule would provide pet bird owners with 
an additional means of identifying their pet birds while allowing APHIS 
to maintain the high level of security required in order to keep avian 
diseases, such as exotic Newcastle disease and highly pathogenic avian 
influenza, from entering the United States.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed 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 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.

    Accordingly, we propose to amend 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    1. The authority citation for part 93 would continue to read as 
follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.


Sec. 93.101  [Amended]

    2. In Sec. 93.101, paragraph (c)(2)(i) would be amended by removing 
the words ``leg band or tattoo number'' and adding the words ``number 
from the leg band, tattoo, or microchip'' in their place and by 
removing the words ``leg band or tattoo on'' and adding the words 
``number from the leg band, tattoo, or microchip on'' in their place.

    Done in Washington, DC, this 7th day of January 2002 .
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-740 Filed 1-10-02; 8:45 am]
BILLING CODE 3410-34-U