Standards of Care for Chimpanzees Held in the Federally Supported Chimpanzee Sanctuary System, 1843-1858 [05-394]

Agencies

• National Institutes of Health
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 70, Number 7 (Tuesday, January 11, 2005)]
[Proposed Rules]
[Pages 1843-1858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-394]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

42 CFR Part 9

RIN 0925-AA31


Standards of Care for Chimpanzees Held in the Federally Supported 
Chimpanzee Sanctuary System

AGENCY: National Institutes of Health, Department of Health and Human 
Services.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The National Institutes of Health (NIH) proposes to issue 
standards to implement provisions of the Chimpanzee Health Improvement, 
Maintenance, and Protection Act (CHIMP Act) authorizing the Secretary 
of the Department of Health and Human Services (DHHS) to develop and 
publish standards of care for chimpanzees held in the Sanctuary system 
supported by Federal funds authorized under the CHIMP Act. These 
regulations will apply to only those facilities receiving Federal funds 
as a part of the federally funded chimpanzee Sanctuary system.

DATES: Comments must be received on or before March 14, 2005 in order 
to assure that NIH will be able to consider comments in preparing the 
final rule.

ADDRESSES: You may submit comments, identified by RIN number 0925-AA31, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: jm40z@nih.gov. Indicate RIN number 0925-AA31 in 
the subject line of the message.
     Fax: 301-402-0169.
     Mail: Jerry Moore, NIH Regulations Officer, Office of 
Management Assessment, National Institutes of Health, 6011 Executive 
Boulevard, Suite 601, MSC 7669, Rockville, Maryland 20892.
     Hand Delivery/Courier: 6011 Executive Boulevard, Suite 
601, MSC 7669, Rockville, Maryland 20892.

FOR FURTHER INFORMATION CONTACT: Jerry Moore at the address given in 
the ADDRESSES section, or telephone 301-496-4607 (not a toll-free 
number).

SUPPLEMENTARY INFORMATION: On December 20, 2000, the United States 
Congress enacted the Chimpanzee Health Improvement, Maintenance, and 
Protection Act of 2000 (Pub. L. 106-551). Section 1 of this law amended 
the Public Health Service (PHS) Act by adding a new section 481C (42 
U.S.C. 287a-3a). Section 481C authorizes the Secretary to provide for 
the establishment and operation of a sanctuary system to provide for 
the lifetime care of chimpanzees that have been used, or were bred or 
purchased for use, in research conducted or supported by the National 
Institutes of Health (NIH), the Food and Drug Administration (FDA), 
Center for Disease Control and Prevention, or other agencies of the 
Federal Government, and with respect to which it has been determined by 
the Secretary that the chimpanzees are not needed for such research 
(i.e., surplus chimpanzees). Section 481C (d) directs the Secretary to 
establish by regulation standards of care for operating the Sanctuary 
system to provide for the permanent retirement of surplus chimpanzees. 
These standards of care for chimpanzees must ensure the well-being of 
animals and the health and safety of the animals and the people caring 
for them. On April 5, 2001, the Secretary delegated to the Director, 
NIH, the authorities to establish and operate the sanctuary system. 
Subsequently, the Director, NIH, delegated the authorities to the 
National Center for Research Resources (NCRR). Consequently, NCRR has 
the lead responsibility for coordinating all efforts on behalf of the 
Department of Health and Human Services (DHHS) concerning the Sanctuary 
system for surplus chimpanzees from both Federal and non-Federal 
sources. Section 481C (e) authorizes the Secretary to make an award of 
a contract to a nonprofit private entity (i.e., Sanctuary Contractor) 
under which the entity has the responsibility of operating (and 
establishing, as applicable) the Sanctuary system and awarding 
subcontracts to individual Sanctuary facilities that meet established 
standards. NCRR/NIH must approve both contractor and subcontractor 
awards and NCRR/NIH will verify

[[Page 1844]]

contractor and subcontractor (if applicable) qualifications through 
facility site visits, review of written documentation submitted to the 
contractor, and evaluating available and current resources.
    NCRR/NIH will assure compliance with the Standards of Care 
Regulations through on site visits (at least quarterly or more often if 
necessary), review of quarterly and annual reports, and any other 
measures deemed appropriate by the NCRR/NIH Project or Contracts 
Officer. Noncompliance with these standards or any other federal or 
state regulations will result in the NCRR/NIH invoking the provisions 
of the contract that allows the government to terminate the contract 
and/or provide a management team to bring the Sanctuary back into 
compliance. The Sanctuary is covered by the Animal Welfare Regulations 
only if covered activities are performed. The CHIMP Act requires 
compliance with the Animal Welfare Act and the Federal Contract and 
these regulations require the Sanctuary Contractor to register with the 
USDA and agree to compliance inspections. Therefore, the USDA 
Inspectors responsible for enforcing the Animal Welfare Regulations 
will perform inspections for compliance with the Animal Welfare 
Regulations at a frequency and time determined by the USDA staff. Once 
the contractor becomes a Registered Facility the USDA will report 
noncompliance to NCRR/NIH as appropriate. The NCRR/NIH representative 
will review USDA inspection reports during on-site visits in order to 
monitor compliance with these proposed Standards of Care Regulations. 
The Sanctuary must also adhere to U.S. Public Health Service Policy on 
the Humane Care and Use of Laboratory Animals. If and when any 
noninvasive studies allowed under the CHIMP Act and these regulations 
are proposed for chimpanzees in the Sanctuary, the Sanctuary Contractor 
must obtain an Animal Welfare Assurance from the NIH Office of 
Laboratory Animal Welfare (OLAW) and comply with the provisions of the 
policy. Finally, the Sanctuary must obtain accreditation or 
certification by a nationally or internationally recognized body that 
performs such services. The Sanctuary must achieve accreditation or 
certification within a reasonable period of time as determined by the 
NCRR/NIH.
    In preparing these proposed standards of care, we considered the 
recommendations of the Board of Directors of the Sanctuary contractor 
and the NCRR Chimpanzee Sanctuary Working Group, and the applicable 
recommendations of the National Research Council made in its 1997 
report entitled, ``Chimpanzees in Research--Strategies for Their 
Ethical Care, Management, and Use.'' Individuals involved in developing 
recommendations from these groups represented a variety of professional 
areas including veterinary medicine, chimpanzee behavior, animal 
protection, facility management, and nonhuman primate research and 
care. We also consulted other publications, including: ``The Guide for 
the Care and Use of Laboratory Animals,'' published by the National 
Research Council (NRC), ``The Psychological Well-Being of Nonhuman 
Primates,'' also an NRC publication, ``Public Health Service Policy on 
Humane Care and Use of Laboratory Animals,'' the accreditation 
guidelines used by the Association for the Assessment and Accreditation 
of Laboratory Animal Care, International, and the American Zoological 
and Aquarium Association, and the United States Department of 
Agriculture (USDA), Animal Welfare Regulations codified in various 
parts of title 9, chapter 1, Subchapter A of the Code of Federal 
Regulations (CFR).
    We propose to amend title 42 of the CFR by adding a new part 9 to 
establish standards for operating the Sanctuary system to provide for 
the permanent retirement of surplus chimpanzees. These standards of 
care will apply to only the sanctuaries that are a part of the 
federally funded chimpanzee Sanctuary system. The proposed rule 
specifies the scope and specific standards that must be met by all 
contractors (primary or subcontractors) operating under the federally 
supported Chimpanzee Sanctuary system. The purpose of this notice is to 
invite public comment on the proposed standards of care.
    The following is provided as public information.

Executive Order 12866

    Executive Order 12866, ``Regulatory Planning and Review,'' requires 
that all regulatory actions reflect consideration of the costs and 
benefits they generate, and that they meet certain standards, such as 
avoiding the imposition of unnecessary burdens on the affected public. 
Executive Order 12866 classifies a rule as a significant regulatory 
action if it meets any one of a number of specific conditions. We 
determined that this proposed rule is a ``significant regulatory 
action,'' as defined under Executive Order 12866, because it raises 
novel legal or policy issues. Therefore, we submitted the proposed rule 
to the Office of Information and Regulatory Affairs for review prior to 
publication in accordance with the requirements of Executive Order 
12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. chapter 6) requires that 
we analyze regulatory proposals to determine whether they create a 
significant impact on a substantial number of small entities. Based on 
the analysis that follows, the Secretary certifies that this proposed 
rule will not have such impact when the final rule is issued.

1. Number and Type of Small Entities Affected

    There are several small entities that privately fund nonhuman 
primate sanctuaries. However, the federally supported, contractor 
operated Chimpanzee Sanctuary System, established by the CHIMP Act and 
covered under the proposed standards of care, is the only one of its 
kind in existence. Congress established the Sanctuary to provide 
lifetime care for chimpanzees that are no longer needed in federally 
supported research. The proposed rule applies only to a contractor or 
any subcontractor operating under a contract funded by the NIH/NCRR for 
the Sanctuary. Only one contractor is identified in the proposed rule 
as the prime contractor for the Sanctuary system. The NCRR awarded this 
contract in September 2002. Additionally, a few subcontractors might be 
added in future years if the need arises. The subcontractors would be 
selected by the prime contractor (contingent upon NIH/NCRR approval), 
and report to the prime contractor. Approximately four or five 
biomedical research centers with chimpanzees will be responsible for 
the transport of animals to the Sanctuary. The entities shipping 
chimpanzees to the Sanctuary are required to comply with existing 
Animal Welfare Regulations administered by the USDA.

2. Net Cost of Compliance With the Proposed Rule

    At the time NIH/NCRR awarded the contract in 2002, the contractor 
was aware of its role in establishing and complying with the proposed 
standards of care pursuant to the CHIMP Act. The costs necessary to 
comply with the standards of care were anticipated by the CHIMP Act and 
subsequent contract negotiations. The RFP and Statement of Work noted 
that Standards of Care would be developed in consultation with the 
selected contractor and that the contractor must comply with these 
standards. The contractor selected had

[[Page 1845]]

several members of their Board of Directors familiar with chimpanzee 
care standards and had served as consultants to some of the agencies 
publishing such standards. Therefore, they included resources needed to 
potentially comply with anticipated standards in their contract and 
construction grant proposals. There could be some additional 
unanticipated costs but they are not obvious at this time. Under the 
terms of the contract, the Federal Government assumes responsibility 
for seventy-five percent of the operational cost that includes 
compliance with the proposed standards of care. The net costs to the 
contractor are twenty-five percent of the total costs of care and 
maintenance of the chimpanzees, including compliance with the proposed 
standards of care. We estimate that this will amount to $875,000 to $1 
million per year for the contractor. We anticipate no net increase in 
the costs as a result of compliance with the standards of care. We 
estimate that five or six research facilities might incur expenses in 
transporting animals to the Sanctuary, and thus will incur minor 
shipping costs (approximately $10,000 to $20,000 for 1 shipment for a 
total of six shipments/year.) Subcontractors will likely have existing 
facilities and staff though some might need to be upgraded. They would 
be eligible to compete for NIH Construction Grants the same as the 
prime contractor and thus match 10% of the construction cost. The use 
of subcontractors is not anticipated in the foreseeable future because 
of the availability of a considerable amount of unused space at the 
primary contractor. When the need arises for subcontractors in the 
operation of the Sanctuary, they will be selected by, and report to the 
prime contractor, with verification of qualifications by NCRR/NIH.

3. The Percentage Cost of Compliance With the Proposed Rule

    We estimate that the percentage cost for complying with the 
proposed rule is less than three percent of the total operational cost 
of the Sanctuary. We anticipate that no additional staff is needed to 
comply with the proposed standards of care. The staffing under the 
terms of the contract is based upon the requirement to provide quality 
care and maintenance for the chimpanzees as required by the CHIMP Act 
and the contract.

Executive Order 13132

    Executive Order 13132, ``Federalism,'' requires that Federal 
agencies consult with State and local government officials in the 
development of regulatory policies with federalism implications. The 
Secretary reviewed this proposed rule as required under the Order and 
determined that it will not have federalism implications. The Secretary 
certifies that the proposed rule will not have an effect on the States 
or on the distribution of power and responsibilities among various 
levels of government when the final rule is issued.

Paperwork Reduction Act

    Sections 9.3(a)(7)(v)(C), 9.6(c)(6), 9.6(d), 9.8(a)(4), 9.11(a), 
9.11(b)(1)(ii), and 9.12(b) of this proposed rule contain reporting 
information collection requirements that are subject to OMB approval 
under the Paperwork Reduction Act of 1995, as amended (44 U.S.C. 
chapter 35). Sections 9.3(a)(11), 9.4(c)(1), 9.4(c)(3), 9.5(c)(4), 
9.5(e), 9.6(c)(8), 9.6(c)(10), 9.8(a)(1-4), 9.8(b), 9.9(c), 9.10(a)(1), 
9.10(a)(2), 9.10(b)(1), 9.11(a), 9.12(b), contain record keeping 
requirements which also are subject to OMB approval under the Paperwork 
Reduction Act. In addition, elements of disclosure are found in 
sections 9.3(a)(13), 9.4(c)(2), 9.5(c), 9.5(e), 9.5(f)(2), 9.6(c)(10), 
9.9(a)(3), 9.10(a)(1), 9.10(b)(1), and 9.11(a). The title, description, 
and respondent description of the information collection and record 
keeping requirements contained in the proposed rule have been submitted 
to OMB for review. Other organizations and individuals desiring to 
submit comments on the information collection and record keeping 
requirements should send their comments to (1) Dr. Charles MacKay, 
Project Clearance Officer, National Institutes of Health, Rockledge 
Centre 1, 6705 Rockledge Drive, Room 3509 Bethesda, Maryland 20817, 
telephone 301-435-0978 (not a toll-free number); and (2) the Office of 
Information and Regulatory Affairs, OMB, New Executive Office Building, 
Room 10235, 725 17th Street, NW., Washington, DC 20503. Attention: Desk 
Officer for the National Institutes of Health, Department of Health and 
Human Services. After we obtain OMB approval, we will publish the OMB 
control number in the Federal Register.
    Title: Standards of Care for Chimpanzees Held in the Federally-
supported Chimpanzee Sanctuary System.
    Description: The information collections and record keeping will be 
used by NIH and the Sanctuary contractor and subcontractors to document 
proper and adequate care, identification, accountability, billing, 
regulatory compliance, and adherence to contract specifications and 
terms.
    Respondent Description: Private nonprofit entities or institutions

                               Estimated Annual Reporting and Recordkeeping Burden
----------------------------------------------------------------------------------------------------------------
                                                   Annual number                                   Annual burden
                                                        of            Annual         Avereage        hours per
                                                   respondents*      frequency    burden (hours)     response
----------------------------------------------------------------------------------------------------------------
Reporting:
    Sec.   9.3(a)(7)(v)(C)......................             1-3               2               6              12
    Sec.   9.6(c)(6)............................             1-3               3               2               6
    Sec.   9.6(d)...............................             1-3               2             0.5               1
    Sec.   9.8(a)(4)............................             1-3               4               5              20
    Sec.   9.11(a)..............................           **1-3               1               1              12
    Sec.   9.11(b)(1)(ii).......................           **1-3               6               2              12
    Sec.   9.12(b)..............................             1-3               1               6               6
                                                 -----------------
        Subtotal................................  ..............              19            22.5              69
                                                 =================
Recordkeeping:
    Sec.   9.3(a)(7)(v)(c)......................             1-3               2               2               4
    Sec.   9.3(a)(10)...........................           **1-3               1               8               8
    Sec.   9.3(a)(11)...........................           **1-3               1               8               8
    Sec.   9.4(c)(1)............................             1-3               1               1               1
    Sec.   9.4(c)(3)............................             1-3               1               6               6

[[Page 1846]]

 
    Sec.   9.5(c)(4)............................             1-3               1               2               2
    Sec.   9.5 (e)..............................             1-3               1               4               4
    Sec.   9.6(c)(8)............................             1-3               5            0.05            0.25
                                                 -----------------
        Subtotal................................  ..............           13.00           31.05           33.25
                                                 =================
    Sec.   9.6(c)(10)...........................             1-3               4             0.1             0.4
    Sec.   9.8(a)(1-4)..........................             1-3               1             0.5               5
    Sec.   9.8(b)...............................             1-3               5               2              10
    Sec.   9.9(c)...............................             1-3              12             0.2             2.4
    Sec.   9.10(a)(1)...........................             1-3              12             0.2             2.4
    Sec.   9.10(a)(2)...........................             1-3               4               3              12
    Sec.   9.10(b)(1)...........................             1-3               3             1.5             4.5
    Sec.   9.11(a)..............................          ***1-3               6               1               6
    Sec.   9.12(b)..............................          ***1-3               1               3               3
                                                 -----------------
        Subtotal................................  ..............              48           11.50           43.30
                                                 =================
Disclosure:
    Sec.   9.3(a)(10)**.........................             1-3               6             0.5               3
    Sec.   9.3(a)(11)**.........................             1-3               1             0.5               1
    Sec.   9.3(a)(13)...........................             1-3               1               1               1
    Sec.   9.4(c)(2)............................             1-3               1             0.1             0.1
    Sec.   9.5 (c)..............................             1-3               1               8               8
    Sec.   9.5(e)...............................             1-3           ****1               2               2
    Sec.   9.5(f)(2)............................             1-3             0.2               8             1.6
    Sec.   9.6(c)(10)...........................             1-3               4             0.1             0.4
    Sec.   9.9(c)...............................             1-3              10             0.2               2
    Sec.   9.10(a)(1)...........................             1-3              10             0.2               2
    Sec.   9.10(b)(1)...........................             1-3               1             0.2             0.2
    Sec.   9.11(a)***...........................             1-3               2               1               2
                                                 -----------------
        Subtotal................................  ..............            38.2            21.8            23.3
                                                 =================
        Total...................................             1-3           118.2             .85         168.25
----------------------------------------------------------------------------------------------------------------
* Presently, there is only one (1) respondent, the Contractor for the federally supported Chimpanzee Sanctuary
  System. The estimates are based upon a maximum of three (3) respondents in the future.
** See also Sec.  Sec.   9.5(c) & 9.5(e).
*** The reporting requirements for these sections vary because it is estimated that chimpanzees will be shipped
  six (6) times per year. This requires 6 notifications of shipment notices to the Project Officer. While not
  anticipated, it is possible that approximately one (1) of these shipments might require reporting because of
  undesirable conditions, a death, failure to provide adequate food or water, or other conditions affecting
  animal welfare. Such incidents must be reported immediately to the NCRR Project Officer who will in turn work
  with the USDA representatives in investigating the matter.
**** 1 x event.

List of Subjects in 42 CFR Part 9

    Animal welfare, Humane care and treatment of chimpanzees.

    Dated: April 28, 2004.
Elias A. Zerhouni,
Director, National Institutes of Health.

    Approved: September 29, 2004.
Tommy G. Thompson,
Secretary.

    Accordingly, NIH proposes to amend title 42 of the Code of Federal 
Regulations by adding part 9 to read as follows:

PART 9--STANDARDS OF CARE FOR CHIMPANZEES HELD IN THE FEDERALLY 
SUPPORTED SANCTUARY SYSTEM

Sec.
9.1 Applicability and purpose.
9.2 Definitions.
9.3 Sanctuary policies and responsibilities.
9.4 Physical facility policies and design.
9.5 Chimpanzee ownership, fees, and studies.
9.6 Animal care, well-being, husbandry, veterinary care, and 
euthanasia.
9.7 Reproduction.
9.8 Animal records.
9.9 Facility staffing.
9.10 Occupational Health and Safety Program and biosafety 
requirements.
9.11 Animal transport.
9.12 Compliance with the Standards of Care, USDA and PHS policies 
and regulations.
9.13 Other Federal laws, regulations, and policies that apply to 
this part.
9.14 Authority of the Secretary of Health and Human Services to 
amend or issue additional standards of care regulations.

    Authority: 42 U.S.C. 216, 287a-3a.


Sec.  9.1  Applicability and purpose.

    (a) General. The standards of care set forth in this part apply to 
the chimpanzee sanctuaries that are contracted (or subcontracted) to 
the Federal Government to operate the federally supported chimpanzee 
Sanctuary system authorized by section 481C of the Public Health 
Service (PHS) Act, as amended (42 U.S.C. 287a--3a).
    (b) What is the purpose of the federally supported chimpanzee 
Sanctuary system and the authority for establishing these standards of 
care regulations? The Chimpanzee Health Improvement, Maintenance, and 
Protection Act (Public Law 106-551, referred to as the ``CHIMP Act'' or 
``Chimpanzee Retirement Act'') was enacted by Congress to provide for 
the establishment and operation of a

[[Page 1847]]

Sanctuary system to provide lifetime care for chimpanzees that have 
been used, or were bred or purchased for use, in research conducted or 
supported by the agencies of the Federal Government, and that are 
determined to be no longer needed for such research. The CHIMP Act also 
mandates that standards of care for chimpanzees in the Sanctuary shall 
be developed to ensure the well-being of chimpanzees and the health and 
safety of the chimpanzees.
    (c) To what chimpanzee sanctuaries do the standards of care in this 
part apply? The standards of care set forth in this part apply to only 
those sanctuaries that are contracted or subcontracted to the Federal 
Government to operate the federally supported chimpanzee Sanctuary 
system.


Sec.  9.2  Definitions.

    As used in this part:
    Adequate veterinary care means a program directed by a veterinarian 
qualified through training and/or experience to provide professional 
medical care to the chimpanzees within the Sanctuary and with the 
appropriate authority to provide this care. The program also provides 
guidance to all caregivers on all matters relating to the health and 
well-being of the chimpanzees.
    American Zoo and Aquarium Association (AZA) means the professional 
society comprised of individuals with various backgrounds and interests 
that is devoted to advancing the knowledge and understanding of zoo 
animals and the management of zoos in the United States.
    American Zoo and Aquarium Association (AZA) Accreditation Standards 
are those standards developed by the AZA that are used to review, 
evaluate, and accredit zoos or zoological gardens. These standards 
cover a variety of areas including facilities, policies and procedures, 
training, staff qualifications, medical and animal care, husbandry and 
well-being procedures, and conservation, along with other specific 
areas.
    Animal Care and Use Committee means the Institutional Animal Care 
and Use Committee established under section 13(b) of the Animal Welfare 
Act of 1985 and the Health Research Extension Act of 1985. For the 
purpose of these Standards of Care, it shall consist of at least five 
(5) members including the Chairperson, a Doctor of Veterinary Medicine 
(D.V.M. or V.M.D.) knowledgeable in nonhuman primate care and diseases 
and with delegated program responsibility, a member not affiliated with 
the Sanctuary, a scientist, and a member of the animal protection 
community. This Committee is required if research as defined by the 
Animal Welfare Act Regulations and the Public Health Service Policy 
(research, teaching, testing, exhibition) is to be conducted at the 
Sanctuary.
    Animal protection organization means a nonprofit organization whose 
primary mission is protection of animals through positive advocacy and 
action.
    Animal Resource Manager (or Animal Resource Supervisor) means the 
individual employee responsible for managing the non-professional staff 
providing care for the chimpanzees at the Sanctuary. This individual 
may perform other duties as assigned by the Sanctuary contractor.
    Animal Welfare Act/Regulations means the Act of August 24, 1966 
(Pub. L. 89-544), (commonly known as the Laboratory Animal Welfare Act) 
as amended by the Act of December 24, 1970 (Pub. L. 91-579), (the 
Animal Welfare Act of 1970), the Act of April 22, 1976 (Pub. L. 94-
279), (the Animal Welfare Act of 1976), and the Act of December 23, 
1985 (Pub. L. 99-198), (the Food Security Act of 1985), and as may be 
subsequently amended, and the United States Department of Agriculture 
(USDA) regulations implementing the Animal Welfare Act in title 9, 
chapter 1, subchapter A of the CFR.
    Animal Welfare Assurance means the documentation from an 
institution assuring compliance with the PHS Policy on Humane Care and 
Use of Laboratory Animals. This policy is administered by the Office of 
Laboratory Animal Welfare (OLAW), National Institutes of Health.
    Association for Assessment and Accreditation of Laboratory Animal 
Care, International (AAALAC) means the nonprofit organization that is 
recognized in the United States and abroad as being the body 
responsible for the accreditation of laboratory animal programs.
    Behaviorist means a person hired by the Sanctuary to administer or 
oversee the enrichment and behavioral program for the chimpanzees at 
the Sanctuary. This individual must be qualified through training or 
experience.
    Biosafety Officer means the individual responsible for establishing 
and monitoring workplace safety procedures designed to minimize or 
prevent injury or loss due to biohazards in accordance with policies 
established by the Sanctuary administration.
    Board of Directors (BOD) means the individuals selected by the 
Contractor to govern the nonprofit institution responsible for 
operating the federally supported chimpanzee Sanctuary system. The 
board members must meet the qualifications and criteria stated in the 
CHIMP Act.
    Chair of the Board of Directors means the individual chosen by the 
BOD or other legally empowered entity to carry out such action, who is 
responsible for chairing meetings and acting on behalf of the board. 
This individual reports directly to the board.
    Chief Executive Officer (CEO) means the principal person 
responsible for overall accomplishment of the mission of the chimpanzee 
Sanctuary.
    CHIMP Act means the Chimpanzee Health Improvement, Maintenance, and 
Protection Act of December 20, 2000 (Pub. L. 106-551) commonly known as 
the ``CHIMP Act'' or ``Chimpanzee Retirement Act,'' and any future 
amendments.
    Chimpanzee means a member of Pan troglodytes. It excludes the pygmy 
chimpanzee (Pan paniscus or bonobo).
    Chimpanzee caregivers (caregivers) means all Sanctuary technical 
and husbandry staff providing long term care and services for the 
chimpanzees.
    Contractor/Primary Contractor/Sanctuary Contractor means the 
nonprofit entity awarded a contract by the Federal Government to 
establish and operate the chimpanzee Sanctuary system.
    Euthanasia means the humane death of a chimpanzee accomplished by a 
method that produces rapid unconsciousness and subsequent death without 
evidence of pain or distress. The method must be consistent with the 
recommendations of the American Veterinary Medical Association Panel on 
Euthanasia.
    Exhibition means exhibiting chimpanzees to the public for 
compensation. It specifically excludes limited viewing for educational 
purposes.
    Facility director means the individual responsible for directing 
the overall activities at the Sanctuary site.
    Facility Veterinarian means a person who has graduated from a 
veterinary school accredited by the American Veterinary Medical 
Association (AVMA) Council on Education, or who has a certificate 
issued by the AVMA's Education Commission for Foreign Veterinary 
Graduates; has training and/or experience in the care and management of 
nonhuman primates; and has direct or delegated authority for activities 
involving chimpanzees at the federally funded chimpanzee Sanctuary.
    Federal agency means an executive agency as such term is defined in 
section 105 of title 5, United States Code, and refers to the agency 
from which the research facility receives a

[[Page 1848]]

Federal award for projects involving animals.
    Federal Acquisition Regulations (FAR) means the codified rules 
applicable to contracts, specifically those sections of the FAR (48 CFR 
chapter 1, part 52) that are applicable to contracts between the 
Federal Government and a contractor (in this case a private, nonprofit 
entity under contract to operate the chimpanzee sanctuary system).
    Federally-owned chimpanzees mean chimpanzees that have been 
purchased by, bred by, or donated to a Federal agency for use in 
biomedical/behavioral research. Chimpanzees whose ownership was 
subsequently transferred from Federal ownership via written transfer 
agreements are no longer federally-owned. Newborn chimpanzees generally 
belong to the same entity that owned the mother at the time of the 
baby's birth.
    Guide means the ``Guide for the Care and Use of Laboratory 
Animals'' published by the National Academy of Sciences, Institute for 
Laboratory Animal Research of the National Research Council.
    Housing facility means any land, premises, shed, barn, building, 
trailer, or other structure or area housing intended to house 
chimpanzees.
    Indoor housing facility refers to any structure or enclosure (e.g., 
cages, pens, rooms) for maintaining animals in a controlled environment 
that provides for normal physiological and behavioral needs.
    International Species Information System (ISIS) means the 
organization that provides the chimpanzees in zoos, research 
facilities, exhibitors, etc., with a unique identification number that 
can be used to track and account for chimpanzees around the world.
    Interstate air transport live animals (IATA) regulations means 
those regulations and standards covering the air transportation of 
nonhuman primates developed and implemented by the International Air 
Transportation Association.
    Invasive research (studies) utilizes those procedures that cause 
more than momentary pain, distress, fear, discomfort, injury, or other 
negative modalities to a chimpanzee. Any procedure that enters or 
exposes a body cavity is considered to be invasive. Except as outlined 
in the CHIMP Act, Sanctuary chimpanzees may not be used in invasive 
research. Some examples of invasive studies are:
    (1) Experimental exposure to a substance that may be detrimental to 
a chimpanzee's health (e.g., infectious disease, radiation). This does 
not include accidental exposures to infectious diseases transmitted 
from cage mates, or from radiation or other exposures at the time of 
regularly scheduled or necessary veterinary examinations and 
treatments;
    (2) Any invasion of a body cavity;
    (3) Surgery and surgical implantation of devices. Procedures of 
this nature performed for non research or study purposes are allowable 
when the Sanctuary staff determine they are needed for veterinary 
medical or colony management purposes and is in the best interest of 
the chimpanzee or the chimpanzee colony;
    (4) Behavioral studies that cause distress or discomfort, such as 
induction of a fear response;
    (5) Testing of any drug;
    (6) Purposeful manipulation of social groups or the removal or 
addition of individuals in order to conduct behavioral research (e.g., 
on aggression). Creation and refinement of social groups will be 
necessary when the animals arrive at the Sanctuary and this should take 
place only when necessary in regards to colony management and should 
not be driven by independently initiated research studies;
    (7) Restraint unless it is in conjunction with the annual exam or 
clinical care; and
    (8) Darting or anesthesia induction other than at annual exam or in 
the case of an emergency in which the chimpanzee's well-being is at 
stake.
    National Primate Research Center (NPRC) means those centers 
supported by the National Center for Research Resources, National 
Institutes of Health, Department of Health and Human Services, as 
national resources for providing high-quality nonhuman primate research 
resources and facilities. As of November 2003, there were 8 such 
centers.
    National Research Council means the component of the National 
Academy of Sciences that advises the Federal Government on matters 
related to science, research, and research resources.
    Non-invasive research (studies) means the use of procedures that 
depend upon close observation of chimpanzee behavior or on medical 
information collected during the course of normal veterinary care. 
These procedures do not require removal of the chimpanzees from their 
social group or environment, or require a separate anesthetic or 
sedation event to collect data or record observations. Some examples of 
non-invasive studies are:
    (1) Visual observation;
    (2) Behavioral studies designed to improve the establishment and 
maintenance of social groups. These activities may cause stress as a 
result of novel interactions between chimpanzees and between 
chimpanzees and caregivers, but they are not considered invasive as 
long as they are intended to maximize the well-being of the 
chimpanzees;
    (3) Medical examinations as deemed necessary to oversee the health 
of the chimpanzees, in the least invasive manner possible. Collection 
of samples routinely obtained during a physical examination for 
processing during this time is also considered noninvasive since a 
separate event is not required;
    (4) Administration and evaluation of environmental enrichment used 
to promote the psychological well-being of the chimpanzees; and
    (5) Actions taken to provide essential medical treatment to an 
individual chimpanzee exhibiting symptoms of illness. This applies only 
to serious illness that cannot be treated while the chimpanzee remains 
within the colony.
    Non-federally owned chimpanzees mean chimpanzees that have not been 
purchased by, bred by, or donated to the Federal Government for use in 
federally supported research projects. In accordance with the CHIMP 
Act, chimpanzees owned on the date of passage of the CHIMP Act by a 
National Primate Research Center may enter the Sanctuary system without 
requiring the NPRC to pay a fee.
    Outdoor housing facility (area) means corrals, Primadomes (a 
prefabricated outdoor housing unit), fenced open areas, or similar 
structures or areas, for maintaining chimpanzees with access to 
adequate protection from the extremes of environmental elements and 
harsh weather conditions.
    Outdoor ranging area means an area that allows chimpanzees greater 
ranging space than corrals or other outdoor housing area, and includes 
a variety of vegetation, shrubbery, grasses and trees, thereby 
providing for a fairly unrestricted natural setting for the chimpanzees 
to engage in species appropriate activities. The area is secured by an 
outer perimeter barrier.
    Project Officer means the individual designated by the Federal 
Government to represent the contracting officer and interests of the 
Federal agency, within defined areas, in monitoring and overseeing the 
chimpanzee Sanctuary system contract.
    Sanctuary or federally supported chimpanzee Sanctuary system means 
the Sanctuary or Sanctuary system established by the Federal Government 
through contracting with a private, nonprofit entity, for the purpose 
of carrying out the provisions of the

[[Page 1849]]

CHIMP Act of 2000. The system includes a primary Contractor and may 
include additional subcontractors as required. This Sanctuary system is 
supported primarily from funds allocated by the NCRR/NIH/DHHS with some 
matching funds from the nonprofit contractor.
    Sanctuary Chimpanzee Care Committee (SCCC) or similar designated 
committee means the group of individuals designated by the CEO of the 
Sanctuary that reviews and monitors adherence to the policies, 
procedures, and regulations at the Sanctuary.
    Sanctuary Contractor means the nonprofit, private entities selected 
by the NCRR/NIH to develop and operate the chimpanzee Sanctuary system. 
This Contractor is also known as the ``primary contractor'' for the 
Sanctuary system.
    Sanctuary Director means the individual who provides day to day 
direction and oversight to the employees responsible for performing the 
daily tasks at the facility.
    Secretary means the Secretary of Health and Human Services or his/
her designee.
    Subcontractor means a private, nonprofit entity selected by the 
primary contractor to provide additional Sanctuary services.
    Surplus chimpanzees means chimpanzees that are no longer needed in 
research, and that were used, or were bred or purchased for use in 
research conducted or supported by the Federal Government.
    USDA licensed intermediate handler/carrier means any person, 
including a department, agency, or instrumentality of the United States 
or of any State or local government, who is engaged in any business in 
which it receives custody of animals in connection with their 
transportation in commerce and who is licensed by the USDA.
    Zoonotic disease(s) means diseases that are transmissible from 
chimpanzees to humans.


Sec.  9.3  Sanctuary policies and responsibilities.

    (a) What are the policies and responsibilities governing the 
Sanctuary system? It will be the policies and responsibilities of the 
Sanctuary system to:
    (1) Create a safe and species-appropriate physical and social 
environment for the lifetime care of chimpanzees;
    (2) Comply with all applicable provisions of the animal welfare 
regulations and other Federal, State and local laws, regulations and 
policies;
    (3) Achieve accreditation from appropriate accrediting bodies 
within a reasonable time frame mutually agreed upon by the contractor 
and NCRR;
    (4) Prohibit any invasive research on the resident chimpanzees but 
permit non-invasive studies (as authorized in 42 U.S.C. 287a-3a) that 
do not compromise the well-being of the chimpanzees and that are 
approved by an appropriate Sanctuary Chimpanzee Care Committee. 
Definitions for the terms ``invasive'' and ``non-invasive'' are set 
forth in Sec.  9.2 of this part;
    (5) Prohibit exhibition of chimpanzees in the Sanctuary. This 
policy does not prohibit educational activities that may involve 
limited viewing of chimpanzees in their environment and that are 
designed to promote an understanding of chimpanzee behavior, well-
being, or importance to the ecological system;
    (6) Staff the organization with people with appropriate training 
and experience; and
    (7) Establish a Sanctuary Chimpanzee Care Committee (SCCC) 
responsible for oversight of the facility programs and operations to 
ensure the health and well-being of the chimpanzees and the 
occupational safety of the staff. The Committee must consist of no 
fewer than five people who should include the sets of experiences or 
qualifications in the following paragraphs (a)(7)(i) through (v):
    (i) A chair (person) knowledgeable of the needs of chimpanzees;
    (ii) A veterinarian with chimpanzee care experience;
    (iii) A behaviorist with experience in chimpanzee behavior;
    (iv) A member of the chimpanzee care staff; and
    (v) Member or members from the community, including at least one 
with affiliation or employment with an animal protection organization 
as defined in section 9.2 of this part.
    (vi) The Sanctuary Chimpanzee Care Committee will:
    (A) Oversee and evaluate the chimpanzee care and socialization 
program;
    (B) Review and approve proposed education programs that might 
interfere with the chimpanzees' well-being or routine activities;
    (C) Conduct a formal review of the program on a semiannual basis 
and submit reports to the Sanctuary director and Board of Directors. 
The reports must be available for review by the USDA and NIH 
representatives during site visits;
    (D) Establish a mechanism for receipt and review of concerns 
involving the care of chimpanzees and resolving such concerns; and
    (E) Review all study proposals and all euthanasia events. The SCCC 
membership may require additional qualified individuals to perform the 
functions of an Animal Care and Use Committee (ACUC) if and when the 
need arises. The contractor may establish a separate ACUC. The ACUC 
must be established in accordance with the applicable provisions of the 
Animal Welfare Act regulations. Euthanasia events performed for medical 
or humane reasons will be based upon sound professional veterinary 
judgment that conforms to current veterinary medical practices and must 
be in the best interest of the chimpanzee. Euthanasia performed for 
emergency reasons without an advance review by the SCCC shall be 
reviewed by the SCCC as soon as possible after the event to assure 
compliance with established policy.
    (8) Establish procedures to prevent any reproduction in the colony 
through appropriate permanent birth control, preferably by vasectomy of 
all sexually mature male chimpanzees in the Sanctuary;
    (9) Assure that chimpanzees accepted into the Sanctuary are not 
discharged for any reason, except as provided for in section 481C(d)(3) 
of the Public Health Service Act as added by section 2 of the CHIMP 
Act;
    (10) Develop procedures for chimpanzees that are seropositive for 
or harboring infectious agents, or have been previously exposed to 
infectious agents (whether experimentally-induced or naturally-
occurring), that will allow them to be accepted by the Sanctuary and 
properly housed; the procedures must be submitted to the NCRR for 
approval;
    (11) Develop guidelines for accepting chimpanzees not owned by the 
Federal Government into the Sanctuary if the conditions are met as 
outlined in 42 U.S.C. 287;
    (12) Assure that the Board of Directors of the primary contractor 
consist of no more than thirteen (13) individuals and that the 
conditions governing the terms of the board members comply with the 
CHIMP Act. The Board of Directors must include individuals with the 
following expertise and experience as set forth in the CHIMP Act. 
Subcontractors, if applicable, shall be governed by the policies 
developed by the Board of Directors of the primary contractor:
    (i) At least one veterinarian that is qualified in veterinary care 
of nonhuman primates. These qualifications may be met through 
postdoctoral training, experience, or both;
    (ii) Individuals with expertise and experience in zoological 
science and

[[Page 1850]]

with knowledge in behavioral primatology;
    (iii) Individuals with experience in the animal protection field;
    (iv) Individuals with experience and expertise in the field of 
business and management of nonprofit organizations;
    (v) Individuals knowledgeable and experienced in accrediting 
programs of animal care;
    (vi) Individuals with experience and expertise in containing 
biohazards;
    (vii) A member who serves as the Chair of the Board of Directors. 
This member may be elected or appointed by the Board from individuals 
identified in paragraphs (a)(12)(i) through (vi) of this section; and
    (viii) No member of the board shall have been fined for, or signed 
a consent decree, for any violation of the Animal Welfare Act.
    (13) Assure that a chimpanzee may be removed from the Sanctuary for 
research purposes only if the Secretary determines that the provisions 
of the CHIMP Act are met. In accordance with the provisions of the 
CHIMP Act, the removal of a chimpanzee from the Sanctuary for research 
requires a recommendation from the contractor's Board of Directors, and 
publication in the Federal Register of a notice of intent for public 
comment for a period not less than 60 days. The final decision rests 
with the Secretary. Ownership of chimpanzees removed for that purpose 
remains with the Sanctuary (or the Federal Government) and all 
chimpanzees removed for research must be returned to the Sanctuary when 
the studies are completed.
    (b) Who is responsible for developing or revising Sanctuary 
policies? (1) The Sanctuary contractor is responsible for developing, 
revising, and implementing policies affecting the Sanctuary.
    (2) The Federal agency (NCRR/NIH) designated by the Secretary must 
concur with any changes that substantially change existing policies. 
The Secretary, or designee, will determine if a policy change will have 
a substantial impact upon current policy after consultation with the 
Sanctuary contractor.


Sec.  9.4  Physical facility policies and design.

    (a) What standards apply to the facility design and physical plant? 
(1) The chimpanzee Sanctuary facility must be designed to provide 
sufficient space and variety of natural or artificial objects to 
accommodate natural activities of chimpanzees while restricting their 
movement and range to the defined area. Cages, compounds, and all 
housing areas shall be designed to withstand the continuous and harsh 
assaults common when chimpanzees are confined. It is highly recommended 
that the Sanctuary administrators engage a design firm that is 
experienced in designing chimpanzee facilities or demonstrates the 
capability to involve individuals possessing such experience. Housing 
areas appropriate for the complex social behavior of chimpanzees should 
allow them to express a full range of species typical behavior. The 
facility design and physical plant consists of the following 
components: indoor design features; outdoor design features; 
construction and construction materials; physical barriers; shelter; 
service support space, including storage areas for food, supplies, and 
equipment; personnel and administrative support space; quarantine and 
isolation facilities; treatment area; heating, ventilation, and air 
conditioning (HVAC); food preparation area; and animal waste treatment.
    (2) Primary enclosures must promote chimpanzee well-being and 
provide a safe and sanitary environment for both the chimpanzees and 
their human caregivers and attendants, safe and sanitary environment 
for both the chimpanzees and their human caregivers and attendants, and 
allow for behavioral needs of the species. Daily observation of 
chimpanzees within the enclosures is required and shall be accomplished 
with minimal disturbance to the chimpanzees. A housing system shall 
include indoor and outdoor enclosures that must be kept in good repair 
to prevent escape and injury to the chimpanzees, promote physical 
comfort, and facilitate sanitation and servicing:
    (i) Indoor areas shall have special areas for social introductions 
and medical treatment. Indoor design features will generally include 
rooms, units, gates and passage corridors to allow for transferring and 
isolating chimpanzees for medical procedures, protection from 
aggression, etc. The floor surfaces must not be slippery; and the 
floors and walls should be sealed to facilitate proper sanitation. 
Doors to the chimpanzee housing areas shall not open directly to the 
outside, unless they open into enclosed outdoor housing or free-ranging 
areas. Indoor containment materials must be well anchored, durable, and 
free of sharp or jagged edges to prevent escape or injury to the 
chimpanzees. Light fixtures must be sealed to prevent the introduction 
of moisture. Lighting must be adequate for appropriate animal care and 
observation, but not disruptive or harmful to the chimpanzees. 
Furnishings for climbing, resting, swinging, and sleeping must be 
durable, nontoxic, comfortable and easily sanitized or replaceable when 
soiled;
    (ii) Primary housing in a Sanctuary must include large outdoor 
compounds, corrals, or other ranging areas. The Sanctuary should be in 
an area with a climate suitable for chimpanzees to reduce the need for 
long-term, indoor housing. Outdoor ranging areas must provide enough 
space for the formation of social groups of varying sizes, ages and 
sexes. Chimpanzee facilities must have areas for social introductions 
and medical treatment. During the design and construction of the 
facility, special consideration must be given to plans for removing 
chimpanzees from the ranging area for emergency and routine procedures. 
Primary barriers must be constructed to prevent escape of chimpanzees 
and secondary or perimeter barriers should prevent entry of 
unauthorized persons into the facility. Grasses, hay, bamboo, or other 
material suitable for nest building should be available in the ranging 
area and artificial objects that simulate or enhance the natural 
environment may be used to further promote chimpanzee well being;
    (iii) Primary enclosures must be constructed with materials that 
balance the needs of the chimpanzees with the ability to provide for 
sanitation. They must have smooth impervious surfaces with minimal 
ledges, angles, corners, and overlapping surfaces so that accumulation 
of dirt, debris, and moisture is reduced and satisfactory cleaning and 
disinfecting are possible. Less durable material, such as non pressure 
treated wood, can provide a more appropriate environment in some 
situations (such as runs, pens, and outdoor corrals) and can be used to 
construct perches, climbing structures, resting areas, and perimeter 
fences for primary enclosures. Wooden items must be replaced when they 
become damaged or difficult to sanitize. All primary enclosures must be 
kept in good repair to prevent escape of and injury to chimpanzees, 
promote physical comfort, and facilitate sanitation and servicing. 
Damaged, rusting or oxidized equipment that threatens the health or 
safety of the chimpanzees must be repaired or replaced;
    (iv) Physical barriers must be designed to contain the chimpanzees 
within the Sanctuary grounds and to prevent the intrusion of 
unauthorized persons. Some examples of barrier structures include 
properly and safely designed water moats, strong chain link fencing 
with curved or ``V'' shaped barbed wire topping, solid concrete, brick, 
or pre-cast concrete walls, and electrical fences. Each Sanctuary site

[[Page 1851]]

may choose the type of barrier that is suitable for that location;
    (v) Outdoor facilities must provide either natural or artificial 
structures that chimpanzees can use for shelter to escape rain, direct 
sun, wind, and extreme temperatures. Indoor and outdoor housing units 
can serve this purpose when chimpanzees are confined to smaller outdoor 
facilities;
    (vi) Personnel and administrative support space must be 
appropriately designed and provided to adequately accommodate the 
technical, managerial, professional, and administrative staff;
    (vii) Quarantine and isolation facilities are required for the 
Sanctuary. These facilities must be designed to prevent the spread of 
undesirable agents from quarantine and isolation rooms to other parts 
of the facility. These facilities may also be used to isolate incoming 
chimpanzees to evaluate and to assess their behavior before 
assimilation into the resident population. Sufficient space must be 
designed in the area to accommodate a station that provides protective 
equipment for the staff and others to be worn when entering areas 
housing the chimpanzees. Shower, toilet and locker facilities must be 
located within or near the quarantine and isolation areas for 
preventative health and sanitation reasons. Provisions for enrichment 
in quarantine areas must also be made;
    (viii) An area for treatment of and performing veterinary clinical 
procedures on chimpanzees must be provided at each Sanctuary site. This 
area must be constructed and provisioned to perform emergency 
procedures, including minor surgery and emergency surgical procedures 
if needed, and complete physical examinations. The Sanctuary must 
provide facilities for extended care of medical conditions as the need 
arises. Emergency treatment carts must be available for emergency 
situations when a chimpanzee requires on-site treatment. Aging 
chimpanzees present special medical challenges that should be addressed 
in the preventative medicine and animal health plan; and
    (ix) Heating, ventilation, and air-conditioning (HVAC) must comply 
with the standards of the Guide when chimpanzees must be confined to 
closed, indoor quarters for isolation, treatment or other situations on 
a short-term basis. It is critical to provide ventilation that allows 
chimpanzees to seek a thermo-neutral zone that fits their needs. In 
general, the design of the Sanctuary facility can be such that the 
mechanical systems may not be required, except in tightly closed areas. 
The use of shelters, nesting materials, circulating fans, and space 
heaters are examples of means that address the comfort needs of the 
chimpanzees.
    (x) Support facilities must be appropriate for the goals of the 
facility. In accordance with the Guide and the Animal Welfare 
Regulations, and currently available data, several types of functional 
support areas are required, including veterinary treatment and surgery, 
quarantine, food storage, bedding storage (if used), dry storage, 
administrative space, and equipment.
    (xi) Animal waste from the Sanctuary must be properly treated to 
remove known hazardous agents before discharging it into the 
environment in accordance with currently acceptable and effective waste 
treatment procedures including current industry standards and Federal, 
State, and Local governmental guidelines and regulations.
    (b) What security measures are required for the Sanctuary? The 
Sanctuary must provide adequate security against unauthorized entry, 
sabotage, malicious damage, theft of chimpanzees and property, and 
minimize any chance of escape by a chimpanzee. The security staff must 
have training and/or experience in methods and equipment designed to 
detect possible security breaches and the ability to respond to 
security events in a timely and effective manner. Perimeter containment 
shall be used to protect the compound housing the chimpanzees 
consistent with the recommendations of the Guide.
    (c) Is the Sanctuary required to develop disaster and escaped 
animal contingency plans? (1) The Sanctuary facility must prepare 
contingency plans outlining simple and easy to follow plans for dealing 
with natural and manmade disasters and steps to be taken in case a 
chimpanzee escapes from the compound. Separate plans will be developed 
for disasters and recovery of escaped chimpanzees. These plans must be 
prepared prior to the arrival of chimpanzees at the facility. All 
employees with responsibilities under the plans must be familiar with 
the contents of each plan and able to execute the plans when a 
situation occurs. Incidents and actions taken must be documented for 
future reference.
    (2) As a minimum, the disaster plan must identify disasters likely 
to occur in the area, including severe rainstorms, crippling 
snowstorms, forest fires, sabotage and hurricanes, that may endanger 
the lives of the chimpanzees or staff, the names and telephone numbers 
of persons to contact in the event of an emergency, procedures to be 
followed in collecting and securing chimpanzees, local or state 
services that may be required, and the person or persons responsible 
for determining final action. Personnel required to respond to a 
disaster must obtain any special identification cards needed to report 
to duty. Other elements considered appropriate to addressing disasters 
should be added by the Sanctuary contractor if necessary.
    (3) The design of the perimeter security must be such that chance 
for escape of a chimpanzee is minimized. A well-prepared, properly 
crafted plan can lead to decisive actions being taken to recapture the 
chimpanzee in a timely fashion. The plan must be designed to minimize 
or eliminate injury to the chimpanzee and the persons attempting to 
gain control of the escaped chimpanzee. Details must include step-by-
step procedure options for capture, person(s) to contact, person(s) or 
organizational unit(s) required to respond to an alert due to an 
escape, transportation back to the Sanctuary facility, and how 
corrective actions will be implemented to prevent future incidents.
    (d) Incorporation by reference. The Guide for the Care and Use of 
Laboratory Animals published by the National Research Council (Guide), 
1996, International Standard Book Number 0-309-05377-3, is incorporated 
by reference in this section. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain a copy of the publication from 
the National Academy Press, 2101 Constitution Avenue, NW., Lockbox 
285,Washington, DC 20055; or you may order it electronically via the 
Internet at https://www.nap.edu; or view it online at https://
oacu.od.nih.gov/regs/guide/guidex.htm. You may inspect a copy at NIH, 
NCRR, 1 Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20817-
4874, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.


Sec.  9.5  Chimpanzees ownership, fees, and studies.

    (a) Who owns the chimpanzees in the federally supported Sanctuary? 
The Federal government retains ownership of chimpanzees owned by the 
Federal government at the time they enter the Sanctuary system. Non-
federally owned or supported chimpanzees will be

[[Page 1852]]

owned by the Sanctuary. The chimpanzees shall continue to be maintained 
in the Sanctuary throughout their lifetime and shall not be discharged 
from the Sanctuary except as specifically indicated in the CHIMP Act.
    (b) Is there a charge for placing chimpanzees in the Sanctuary? No 
fees shall be charged for federally owned or supported chimpanzees 
entering the Sanctuary. Chimpanzees that were owned by a NPRC when the 
CHIMP Act became effective are also admitted without payment of fees. 
Fees for maintenance of the chimpanzees alluded to above are provided 
for in the contract between the Federal Government and the Sanctuary 
contractor.
    (c) May the Sanctuary agree to accept chimpanzees that are not 
owned by the Federal Government? The Sanctuary may accept chimpanzees 
that are not owned by the Federal Government subject to the following 
conditions:
    (1) Ownership of the chimpanzee must be transferred to the 
Sanctuary;
    (2) Fees for these chimpanzees may be levied based on a range of 
considerations that include most importantly, the well-being of the 
chimpanzee, and secondarily factors that include (but are not limited 
to) the resources available to support the chimpanzee, the health, age 
and social history of the chimpanzee, and other relevant factors 
affecting the cost of caring for the chimpanzee;
    (3) Available space exists in the Sanctuary; and
    (4) An agreement exists between the Sanctuary system and the NCRR/
NIH documenting that the chimpanzee may be brought into the Sanctuary.
    (d) What additional conditions apply when non-governmentally-owned 
chimpanzees transfer to the chimpanzee Sanctuary? The following 
additional conditions apply when non-governmentally-owned chimpanzees 
transfer to the chimpanzee Sanctuary:
    (1) Chimpanzees transferred to the Sanctuary sites must be 
permanently incapable of reproduction, for example, by vasectomy or 
tubal ligation;
    (2) Complete histories must accompany each chimpanzee. Any 
chimpanzee missing documentation for any period of research or other 
use may not be transferred to the Sanctuary without the concurrent 
authorization of the Sanctuary contractor's Board of Directors and the 
NCRR; the records may be created and retained in electronic form; and
    (3) Appropriate screening of each chimpanzee must be performed to 
assess the likelihood of the chimpanzee being a health or safety threat 
to the care staff, and/or other chimpanzees.
    (e) What are the criteria for acceptance and the fees for admission 
into the Sanctuary for non-governmentally-owned chimpanzees? The 
chimpanzee Sanctuary contractor, in conjunction with the NCRR, must