[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Proposed Rules]
[Pages 50738-50740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23679]


 ========================================================================
 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. 74, No. 189 / Thursday, October 1, 2009 / 
Proposed Rules  

[[Page 50738]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 2

[Docket No. APHIS-2006-0023]
RIN 0579-AD03


Submission of Itineraries

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the Animal Welfare Act regulations 
to include more specific requirements in the regulations concerning the 
submission of itineraries by any person who is subject to the Animal 
Welfare Act regulations and who intends to exhibit any animal at any 
location other than the person's approved site(s). We believe APHIS' 
inspectors' access to animals, facilities, and records for unannounced 
inspections when animals are exhibited at a location other than at a 
regulated person's approved site(s) is necessary to improve compliance 
with the regulations and the Animal Welfare Act.

DATES: We will consider all comments that we receive on or before 
November 30, 2009.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0023 to submit or view comments and to view 
supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2006-0023, 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-2006-0023.
    Reading Room: You may read any comments that we receive on this 
docket on Regulations.gov or 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

    The Animal Welfare Act (AWA) (7 U.S.C. 2131-2159) authorizes the 
Secretary of Agriculture to promulgate rules and standards and other 
requirements governing the humane handling, housing, care, treatment, 
and transportation of certain animals by dealers, exhibitors, and other 
regulated entities. The Secretary of Agriculture has delegated the 
responsibility for enforcing the AWA to the Administrator of the Animal 
and Plant Health Inspection Service (APHIS). Regulations and standards 
established under the AWA are contained in 9 CFR parts 1, 2, and 3. The 
APHIS Animal Care program ensures compliance with the AWA regulations 
and standards by conducting unannounced inspections of premises with 
regulated animals.
    The regulations contained in 9 CFR part 2 establish certain 
responsibilities of regulated persons under the AWA. These 
responsibilities include requirements for the licensing and 
registration of dealers, exhibitors, and research facilities, and 
standards for veterinary care, identification of animals, and 
recordkeeping.
    Currently, APHIS requires licensees or registrants who intend to 
exhibit animals away from their approved sites to submit itineraries 
pursuant to Sec. Sec.  2.126 and 2.125 of the regulations. Section 
2.126, regarding access and inspection of records and property, 
provides that each dealer, exhibitor, intermediate handler, or carrier 
shall, during business hours, allow APHIS officials to enter its place 
of business, examine and make copies of records required by the AWA and 
the regulations, inspect the facilities, property, and animals, and 
document conditions and areas of noncompliance. Section 2.125 provides 
that each dealer, exhibitor, operator of an auction sale, intermediate 
handler, and carrier shall furnish to any APHIS official any 
information concerning their business which the APHIS official may 
request in connection with the enforcement of the provisions of the AWA 
and the regulations and standards. Such information shall be furnished 
within a reasonable time and as may be specified in the request for 
information.
    To improve compliance with the regulations and the AWA, we are 
proposing to amend the AWA regulations to include more specific 
requirements concerning itineraries by any person subject to the AWA 
regulations who intends to exhibit any regulated animal at any location 
other than the person's approved site(s). Such itineraries shall be 
received by the Animal Care Regional Director no fewer than 2 days in 
advance of any travel. Such itineraries may be submitted by, for 
example, overnight mail, facsimile, regular mail, e-mail, or other 
method, but must be received within the specified timeframe.
    By including more specific requirements for submission of 
itineraries, we would ensure that Animal Care inspectors have access to 
animals, facilities, and records for unannounced inspections when 
animals are exhibited at a location other than at an approved site(s). 
By including more specific requirements concerning itineraries, we 
would be able to better fulfill our obligations under the AWA without 
having to divert limited resources to locating noncompliant exhibitors.
    In order for licensees and registrants to comply with the 
requirement of readily available access to the premises and animals by 
the APHIS inspector, we must be kept apprised of their location. This 
proposed action would ensure that APHIS inspectors have access to their 
facilities for unannounced inspections.
    Accordingly, we propose to amend the regulations to add a new 
paragraph (c) to Sec.  2.126 regarding access to and

[[Page 50739]]

inspection of records and property to specifically require the 
submission of itineraries by any person who is subject to the AWA and 
regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    APHIS is responsible for enforcing the AWA by promulgating 
regulations and standards and other requirements governing the humane 
handling, housing, care, treatment, and transportation of certain 
animals by dealers, exhibitors, and other regulated entities. APHIS' 
Animal Care program ensures compliance with the AWA and the regulations 
and standards issued thereunder by conducting unannounced inspections 
of premises with regulated animals.
    The proposed rule would require that any person who is subject to 
the AWA regulations and who intends to exhibit any animal at any 
location other than the person's approved site(s) submit an itinerary.
    According to APHIS' Animal Care Program, there were no fewer than 
202 regulated persons exhibiting animals at locations other than their 
approved site(s) in the United States in 2009. These persons 
(including, for example, carnivals, circuses, animal acts, traveling 
educational exhibits, and petting zoos) are classified under North 
American Industry Classification System (NAICS) code 712130, ``Zoos and 
Botanical Gardens.''
    Under the Small Business Administration's criteria, an entity in 
NAICS 712130 is considered small if it has annual receipts of not more 
than $7.0 million. While we do not know the number of regulated persons 
who travel that are small entities, it can be assumed that some or many 
are small businesses. We do not expect that these businesses, 
regardless of their size, would be significantly affected by the 
proposed requirements because the current regulations require a 
regulated person who travels to furnish APHIS with information 
concerning the location of his or her business and, thus, to submit an 
itinerary. Because most exhibitors and dealers who travel have been 
submitting itineraries in a timely manner in accordance with the 
proposed regulations, they would not be affected.
    APHIS anticipates that the only economic effects associated with 
this proposed rule would be related to the costs incurred by licensees 
and registrants in connection with the preparation and submission of 
the itinerary itself. Itineraries may be submitted by mail, overnight 
mail, facsimile, e-mail, or any other method as long as they are 
received within the required timeframe. We believe that the actual 
transmittal costs associated with the proposed notification 
requirements would be minimal. There would be some personnel costs 
associated with the time spent producing and addressing a written 
itinerary, but we expect that the time needed to prepare the document 
(if one had not already been prepared for other business purposes) 
would also be minimal.
    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 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 proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
The AWA 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 section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0023. Please send a copy of your comments to: (1) Docket No. 
APHIS-2006-0023, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250. A comment to OMB is best 
assured of having its full effect if OMB receives it within 30 days of 
publication of this proposed rule.
    To ensure that APHIS inspectors have access to the animals and 
facilities of any person subject to the Animal Welfare regulations who 
intends to exhibit any animal at any location other than the person's 
approved site(s), we are proposing to amend the regulations regarding 
access and inspection of records and property to specifically require 
such persons to submit itineraries to the Animal Care Regional 
Director. We would require that any person who intends to exhibit any 
animal at any location other than the person's approved site(s) submit 
the following information:
     The name of the person who intends to exhibit the animal 
and transport the animal for exhibition purposes, including any 
business name and current AWA license or registration number and, in 
the event that any animal is leased, borrowed, loaned, or under some 
similar arrangement, the name of the person who owns such animal;
     The name, identification number or identifying 
characteristics, species (common or scientific name), sex and age of 
each animal; and
     The names, dates, and locations (with addresses) where the 
animals will travel, be housed, and be exhibited, including all 
anticipated dates and locations (with addresses) for any stops and 
layovers.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.25 hours per response.
    Respondents: Any person exhibiting any animal, or that allows any 
animal to

[[Page 50740]]

be exhibited, at any location other than their designated primary 
facility.
    Estimated annual number of respondents: 300.
    Estimated annual number of responses per respondent: 8.66.
    Estimated annual number of responses: 2,600.
    Estimated total annual burden on respondents: 650 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS Information Collection Coordinator, at (301) 
851-2908.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS Information Collection Coordinator, at (301) 851-2908.

List of Subjects in 9 CFR Part 2

    Animal welfare, Pets, Reporting and recordkeeping requirements, 
Research.

    Accordingly, we propose to amend 9 CFR part 2 as follows:

PART 2--REGULATIONS

    1. The authority citation for part 2 continues to read as follows:

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

    2. In Sec.  2.126, the section heading is revised and a new 
paragraph (c) is added to read as follows:


Sec.  2.126  Access and inspection of records and property; submission 
of itineraries.

* * * * *
    (c) Any person who is subject to the Animal Welfare regulations and 
who intends to exhibit any animal at any location other than the 
person's approved site(s) (including, but not limited to, circuses, 
traveling educational exhibits, animal acts, and petting zoos) shall 
submit a written itinerary to the Animal Care Regional Director. The 
itinerary shall be received by the Animal Care Regional Director no 
fewer than 2 days in advance of any travel and shall contain complete 
and accurate information concerning the whereabouts of any animal(s) 
intended for exhibition at any location other than the person(s) 
approved site(s).
    (1) The itinerary shall include the following:
    (i) The name(s) of the person(s) who intends to exhibit the 
animal(s) and transport the animal(s) for exhibition purposes, 
including any business name(s) and current AWA license or registration 
number(s) and, in the event that any animal is leased, borrowed, 
loaned, or under some similar arrangement, the name of the person who 
owns such animal;
    (ii) The name, identification number or identifying 
characteristics, species (common or scientific name), sex and age of 
each animal; and
    (iii) The names, dates, and locations (with addresses), where the 
animals will travel, be housed, and be exhibited, including all 
anticipated dates and locations (with addresses) for any stops and 
layovers.
    (2) The itinerary shall be promptly revised, as necessary, to 
account for any changes.

    Done in Washington, DC, this 25th day of September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-23679 Filed 9-30-09; 8:45 am]
BILLING CODE 3410-34-P