[Federal Register Volume 71, Number 47 (Friday, March 10, 2006)]
[Proposed Rules]
[Pages 12302-12305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2380]


 ========================================================================
 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. 71, No. 47 / Friday, March 10, 2006 / 
Proposed Rules  

[[Page 12302]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 2

[Docket No. APHIS-2006-0012]


Animal Welfare; Animal Identification Standards

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Advance notice of proposed rulemaking and request for comments, 
notice of meeting.

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SUMMARY: The Conference Committee Report accompanying the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2006 (Pub. L. 109-97), directed the Animal and 
Plant Health Inspection Service (APHIS) to develop appropriate 
regulations that allow for an open radio frequency identification 
technology microchip system that would enable a scanner to read all 
microchips used for the identification of pets. In addition, APHIS has 
received a petition from the Coalition for Reuniting Pets and Families 
requesting that we consider establishing a national identification 
standard for pets and publish a notice soliciting comments on the need 
for the adoption of ISO 11784 and 11785 as the national radio frequency 
technology standard for pets. We are currently considering the 
direction given in the congressional report and the petitioners' 
request. This notice solicits public comment on potential changes to 
our regulations that would address the use of microchips for 
identifying animals covered under the Animal Welfare Act and advises 
the public that APHIS is hosting a series of informational meetings on 
that subject and the issues raised in the conference committee report 
and the petition.

DATES: We will consider all comments that we receive on or before 
September 6, 2006. The informational meetings will be held in 
Riverdale, MD, on March 21, 2006; in Boston, MA, on March 29, 2006; in 
Baton Rouge, LA, on April 4, 2006; in Springfield, MO, on April 18, 
2006; in Centennial, CO, on April 25, 2006; and in San Diego, CA, on 
May 10, 2006.

ADDRESSES: The informational meetings will be held in the following 
locations:
     USDA Center at Riverside, 4700 River Road, Riverdale, MD;
     The Harvard Club, 370 Commonwealth Avenue, Boston, MA;
     Department of Agriculture, 5825 Florida Boulevard, Baton 
Rouge, LA;
     University Plaza Hotel and Conference Center, 333 S. John 
Q. Hammons Parkway, Springfield, MO;
     South Denver Chamber of Commerce, 6840 South University 
Boulevard, Centennial, CO; and
     Homewood Suites Hilton, 11025 Vista Sorrento Parkway, San 
Diego, CA.
    You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2006-0012 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0012, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0012.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff 
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, 
MD 20737-1234; (301) 734-7833.

SUPPLEMENTARY INFORMATION:

Background

    In the Conference Committee Report accompanying the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2006 (Pub. L. 109-97), Congress provided the 
following direction to the Animal and Plant Health Inspection Service 
(APHIS):

    The conferees support the microchipping of pets for 
identification under a system of open microchip technology in which 
all scanners can read all chips. The conferees direct APHIS to 
develop the appropriate regulations that allow for universal reading 
ability and best serve the interests of pet owners. The conferees 
also direct APHIS to take into consideration the effect such 
regulation may have on the current practice of microchipping pets in 
this country, and to report to the Committees on Appropriations 
within 90 days of the date of enactment of this Act on progress 
toward that end.

    In addition, on October 10, 2005, APHIS received a petition from 
the Coalition for Reuniting Pets and Families to ``take the first 
important step towards a National ID Standard and publish a notice in 
the Federal Register soliciting comments on the need for the adoption 
of the ISO standard as the National ID Standard.'' The petition in its 
entirety states:

October 10, 2005.
Chester A. Gipson, DVM
APHIS
Station 3C71
4700 River Road, Unit 118
Riverdale, MD 20737-1238
    Re: Petition for Publication of a Federal Register Notice 
Soliciting Comments on the Need for the Adoption of the ISO standard 
as the National Standard for the Microchipping of Companion Animals 
for Identification
    Dear Dr. Gipson: Pursuant to the Administrative Procedures Act, 
5 U.S.C. 553(e) and 7 CFR 1.28, the Coalition for Reuniting Pets and 
Families (the ``Coalition'') hereby petitions the Animal and Plant 
Health Inspection Service (``APHIS'') of the United States 
Department of Agriculture (``USDA'') to publish a notice in the 
Federal Register soliciting comments (``Request for Comments'') on 
the need for APHIS to promulgate regulations adopting the ISO

[[Page 12303]]

standard as the National Standard for the microchipping of companion 
animals for identification (``National ID Standard'').

Background

    The Coalition, which is comprised of leading U.S. humane 
societies and veterinary organizations, is urging the U.S. to adopt 
a system that would allow all scanners to read all microchips. This 
is not a radical proposal: The U.S. has already adopted the ISO 
standard for the microchipping of wildlife and livestock. Language 
directing APHIS to develop such a regulation appears in House Report 
109-102 (the ``House Report'') for the Fiscal Year 2006 Agriculture, 
Rural Development and Related Agencies Appropriations Bill (the 
``Appropriations Bill'').
    As you are aware, under the Animal Welfare Act (``AWA'') (7 
U.S.C. 2131 et seq.), the Secretary of Agriculture is authorized to 
promulgate standards and other requirements governing the humane 
handling, care, treatment, and transportation of certain animals by 
dealers, research facilities, exhibitors, operators of auction 
sales, carriers and intermediate handlers. The definition of animal 
in the AWA is, in part: Any live or dead dog, cat, monkey (nonhuman 
primate mammal), guinea pig, hamster, rabbit, or such other warm-
blooded animal as the Secretary may determine is being used, or is 
intended for use, for research, testing, experimentation, or 
exhibition purposes, or as a pet. In exercising its responsibilities 
under AWA, APHIS has recognized the importance of identification of 
animals in the care or custody of individuals, groups or 
organizations under its jurisdiction.
    The Coalition believes that the adoption of the ISO standard as 
the National ID Standard is important because the current U.S. 
system for microchipping of pets has not been shown to be an 
effective means of reuniting pets with their families. The failures 
of the current system and the need for a national standard have been 
underscored by the Hurricane Katrina disaster where thousands of 
companion animals have been separated from their families. Because 
many of these animals have not been microchipped, or have been 
chipped with inconsistent technologies, a large number of animals 
could be euthanized instead of being returned to their families. It 
is appropriate that APHIS address the issue of an effective and 
practical microchipping standard as it assesses the needs in the 
wake of Hurricane Katrina. It is possible to implement a system that 
will work successfully both in ordinary conditions and under the 
pressures of a regional disaster.
    In an average year, eight to 10 million pets stray from home in 
the United States but less than 25% of lost pets are reunited with 
their family. Pet microchips could be a lifesaving solution and 
increase the number of pets reunited, but unfortunately, fewer than 
5% of U.S. pets are microchipped. And, even for those pets that are 
microchipped, the system is ineffective because of problems with the 
scanning equipment, the lack of a centralized registry or database 
and the fact that pets are being fitted with chips of multiple 
frequencies. As a result, lost pets are euthanized because their 
owners cannot be located even when they have a microchip. Without a 
National ID Standard, a workable system may never exist and the 
number of pets in the United States currently implanted with a 
microchip for identification will not be expected to climb beyond 
its current, stagnant rate of less than 5 percent.
    Microchipping of pets for identification has not been developed 
in the U.S. as successfully as it has in other countries because the 
U.S. has not implemented the worldwide-recognized open standard. 
Endorsed by the International Standards Organization (``ISO'') and 
the American National Standards Institute (``ANSI'') after a 
rigorous process examining all forms of microchipping technologies 
and practices, and used by nations around the world, ISO microchips 
feature ``open'' microchip technology where all scanners can read 
all chips and the chips have a better reading distance.
    The implementation of the ISO standard for pets by most of the 
world--with the U.S. as the notable exception--has led to a global 
growth in animal identification. Countries that use the ISO 
standard, like Canada and members of the European Union, have 
significantly higher reunification rates--achieved at a much lower 
cost. For example, 47 percent of lost dogs find their way home in 
the United Kingdom, where ISO microchips are used--some from the 
same companies that currently refuse to sell the ISO technology in 
the United States. Instead, these companies sell an older technology 
at a higher price to U.S. consumers and veterinarians.
    Microchipping technologies have the potential to reunite 
millions of these lost pets with their families. But the technology 
must be universally applicable for it to see widespread adoption. In 
the United States today, a microchip made by one company can not be 
read by a scanner designed to read the microchip of another. A 
veterinary clinic may not have the right scanner to detect an 
identification microchip implanted in a pet by an animal shelter 
just down the street. Moreover, even when a chip is detected, a 
veterinarian's office or animal shelter may not have a registry of 
chipped animals to which it can quickly refer.
    In a properly functioning, ISO based system, as the one used in 
much of the rest of the world, when a lost pet enters a shelter or 
veterinary hospital without collar tag identification, the microchip 
is a failsafe method of reuniting the pet with its family. The 
shelter or veterinarian waves one ``global'' microchip scanner, 
capable of reading all microchips, over the pet and detects the 
chip. The scanner then displays a microchip number and phone number 
of the database to where that microchip is registered. At that 
point, the shelter or veterinarian can call to find the pet owner's 
contact information.
    It is important to note, the proposed change to ISO will not 
favor or harm any manufacturer because all manufacturers currently 
selling non-ISO technology in the United States manufacture and 
market ISO technology outside the United States. Also, the language 
calls for scanners that will read all microchips, no matter the 
frequency. As things stand right now, pets that already have an 
unencrypted 125 kHz microchip can be read by an ISO scanner. Those 
pets already implanted with an encrypted 125 kHz microchip will be 
identified, when scanned by an ISO scanner, as having a microchip 
present (though the number may not be readable due to encryption). 
Action by APHIS will not require pet owners to replace 125 kHz 
microchips. Pets need not die or be euthanized as a result of the 
adoption of the National ID Standard.
    Furthermore, the Coalition firmly believes that the development 
of truly ``global'' scanners that can read all chips is a key 
component of the implementation of a National ID Standard. The 
language in the House Report clearly calls for the development of 
scanners that will read all microchips, no matter the frequency. The 
only potential problem with the adoption of the National ID Standard 
will be caused by certain manufacturers who have in the past sold 
encrypted ``non-ISO'' microchips and who could impede the 
development and distribution of a truly ``global'' scanner by 
refusing to either: (1) License the encryption technology or (2) 
sell ``global'' scanners utilizing the technology to the U.S. 
market. If this continues to happen, the development of a National 
ID Standard will still be both a necessary and important development 
for the welfare of companion animals, but the immediate benefit of 
the transition will not be as evident. In the short term, the animal 
welfare community will be forced to utilize at least two scanners 
(an ISO compatible scanner that can read both 125 and ISO chips and 
a non-ISO scanner that reads encrypted 125 kHz chips). The use of 
multiple scanners will increase the risk of error and decrease the 
number of pets ultimately reunited with their families.
    However, it is important to note, even if these manufacturers 
continue to refuse to aid in the development of a truly ``global'' 
scanner, the benefits of developing an ISO based National ID 
Standard that is compatible with the system used in the rest of the 
world and with large animals in the U.S. are still very real. In 
fact, the Coalition strongly believes that the proposed solution is 
a win for all: Pet owners would enjoy greater peace of mind at a 
lower cost, and shelters, animal control officers and veterinarians 
would have a more efficient system to help pets be reunited with 
their families. In addition, for veterinarians who treat both pets 
and livestock, having one scanner would dramatically reduce the 
chance of errors.
    The Coalition for Reuniting Pets and Families is, at its core, 
about the confidence pet owners deserve to have when they microchip 
their pets--confidence that a well-functioning system is in place, 
and that the needs of pets and their families rather than commercial 
interests take precedence. We are not advocates for one particular 
company or one specific technology, but rather advocates for a 
microchipping and pet recovery system that assures lost pets will be 
reunited with their families. For the sake of pets and families 
across the country, we urge the USDA to take the first important 
step towards a National ID Standard and publish a notice

[[Page 12304]]

in the Federal Register soliciting comments on the need for the 
adoption of the ISO standard as the National ID Standard.
    Sincerely,
The Coalition for Reuniting Pets and Families

American Humane Association
Ripley Forbes--703.294.6690

American Animal Hospital Association
Daniel S Aja, DVM--231.922.0500

American Society for the Prevention of Cruelty to Animals
Steve Zawistowski, PhD--212.876.7700

American Society of Veterinary Medical Association Executives
Ralph Johnson--303.318.0447

American Veterinary Medical Association
Rosemary LoGiudice, DVM--847.925.8070

Humane Society of the United States
John Snyder--202.452.1100

    We have carefully considered the congressional report and the 
petition set out above. However, we must note that APHIS does not have 
the authority to regulate private pet ownership or the retail sale of 
pets and consequently cannot mandate a single national standard for the 
microchip identification of pets.
    Under the Animal Welfare Act (AWA or the Act) (7 U.S.C. 2131 et 
seq.), APHIS has the authority to regulate most warmblooded animals 
being used for exhibition, research, and the wholesale pet trade, as 
well as the transportation of these animals in commerce. The AWA 
authorizes the Secretary of Agriculture to promulgate standards and 
other requirements governing the humane handling, care, treatment, and 
transportation of certain animals by dealers, research facilities, 
exhibitors, carriers, and other regulated entities. The Secretary of 
Agriculture has delegated the responsibility for enforcing the Act to 
the Administrator of APHIS. Regulations established under the Act are 
contained in 9 CFR Chapter I, Subchapter A, parts 1, 2, and 3, and 
provide for the humane handling, care, treatment, and transportation of 
animals covered by the AWA.
    Under Sec. Sec.  2.38 and 2.50 of the regulations, APHIS currently 
requires individual identification for dogs and cats used for research 
or wholesale trade. Paragraph (g) of Sec.  2.38 requires research 
facilities to identify all live dogs and cats by an official tag, as 
described in Sec.  2.38, or by a tattoo, tag, or collar that 
individually identifies the dog or cat by number. Paragraphs (a) and 
(b) of Sec.  2.50 require Class A and B dealers, respectively, to 
identify all live dogs and cats with an official tag, as described in 
Sec.  2.51, or a tattoo. (Sections 2.38 and 2.51 require, in short, 
that an official tag include the letters ``USDA''; numbers identifying 
the State and dealer, exhibitor, or research facility; and numbers 
identifying the animal.) Paragraph (c) of Sec.  2.50 requires Class C 
exhibitors to identify all live dogs and cats with an official tag or 
tattoo, or using another option provided in paragraph (c) of Sec.  2.50 
that includes placing a tag on the door of the animal's cage or run and 
maintaining a record book with the tag number and other information on 
each animal.
    Sections 2.38 and 2.50 also provide additional methods of 
identification for puppies and kittens. Under the regulations, Class A 
and B dealers and Class C exhibitors may identify puppies and kittens 
under 16 weeks of age in the same manner described above under 
paragraphs (a), (b), and (c), respectively, or with a plastic collar 
acceptable to the Administrator that includes the information on the 
official tag. Paragraph (g) of Sec.  2.38 and paragraph (d) of Sec.  
2.50 further provide that research facilities, Class A and B dealers, 
and Class C exhibitors need not individually identify unweaned puppies 
or kittens while they are maintained as a litter with their dam in the 
same primary enclosure and the dam has been individually identified.
    Even before our receipt of the report language and the petition, we 
had begun developing a proposed rule to amend the regulations to 
specifically provide for the use of radio frequency microchips as an 
additional option for the identification of dogs and cats. We had 
considered allowing research facilities, dealers, and exhibitors to use 
microchips as a means of identification for their dogs and cats, 
provided that the following conditions were met:
     The microchip is placed in a standard anatomical location 
on each animal.
     Regulated entities provide the information currently 
required by Sec. Sec.  2.35(b) and 2.75(a)(1), as well as the microchip 
number, the name of the microchip manufacturer, and the location of the 
microchip on each animal.
     A compatible microchip scanner device is readily available 
to APHIS officials and/or facility employees accompanying APHIS 
officials during inspections.
     If a dog or cat is already identified by a microchip, the 
animal is identified by a tag or tattoo if a compatible scanner is not 
available to the research facility, dealer, or exhibitor purchasing or 
otherwise acquiring the dog or cat.
    In light of the conference committee report and petition set out 
above, APHIS is now considering amending Sec. Sec.  2.38 and 2.50 to 
add ISO 11784 and 11785 compliant radio frequency microchips as an 
official means of identifying dogs and cats by research facilities, 
dealers, and exhibitors. ISO 11784 (which relates to the code for 
identification) and 11785 (which relates to the technical operations 
between the code and reader) are international standards that specify 
the structure of the radio-frequency (RF) identification method for 
animals. RF identification of animals requires that the bits 
transmitted by a transponder are interpretable by a transceiver. Any 
producers of identification devices that wish to manufacture compliant 
microchips would have to acquire the standard from ISO; APHIS cannot 
itself provide the standards to manufacturers.
    In this document, we are seeking input from the public and 
stakeholders regarding the use of microchips for identifying dogs and 
cats covered under the AWA and any impacts there may be if we were to 
require ISO 11784 and 11785 compliant microchips when microchipping 
dogs and cats for identification under the AWA. We encourage the 
inclusion of all technical and scientific data and studies available to 
support your comments and position. We also welcome any information 
regarding the benefits and costs of such a requirement.

Informational Meetings

    To provide a forum for the submission of information and views on 
the potential changes to our regulations and on the issues raised by 
the report and petition, APHIS will hold several informational meetings 
at dates and locations listed in the DATES and ADDRESSES sections of 
this notice. As specific agenda information becomes available, we will 
post it on the Animal Care homepage at http://www.aphis.usda.gov/ac/.
    Please note that a fee of $2.25 is required to enter the parking 
lot at the USDA Center at Riverside. The machine accepts $1 bills or 
quarters. Picture identification is required to be admitted to the 
building. Upon entering the building, visitors should inform security 
personnel that they are attending the Animal Care microchip 
identification meeting. Also note that a fee of $8 per hour is required 
to park at the Harvard Club in Boston, MA.
    This action 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.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.


[[Page 12305]]


    Done in Washington, DC, this 8th day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2380 Filed 3-9-06; 8:45 am]
BILLING CODE 3410-34-P