Minimum Age Requirements for the Transport of Animals, 26344-26349 [E8-10400]

Agencies

• Animal and Plant Health Inspection Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 73, Number 91 (Friday, May 9, 2008)]
[Proposed Rules]
[Pages 26344-26349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10400]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 2

[Docket No. APHIS-2006-0024]
RIN 0579-AC14


Minimum Age Requirements for the Transport of Animals

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We propose to amend the Animal Welfare Act regulations by 
adding minimum age requirements for the transport in commerce of 
animals. The regulations currently contain such requirements for dogs 
and cats, but no corresponding ones for other regulated animals, 
despite the risks associated with the early transport of these species. 
We also propose to amend the regulations to allow, provided certain 
conditions are met, for animals to be transported without their mothers 
for medical treatment and for scientific research before reaching the 
minimum age and weaning requirement. Establishing minimum age 
requirements for the transport in commerce of animals and providing for 
the transport of animals that have not met the minimum age requirements 
are necessary to help ensure the humane treatment of these animals.

DATES: We will consider all comments that we receive on or before July 
8, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0024 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-2006-0024, 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-2006-0024.
    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 https://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff 
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, 
MD 20737-1231; (301) 734-7833.

SUPPLEMENTARY INFORMATION:

Background

    The Animal Welfare Act (the Act) (7 U.S.C. 2131 et seq.) 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 intermediate handlers. The Secretary of 
Agriculture has delegated the responsibility of enforcing the Act to 
the Administrator of the Animal and Plant Health Inspection Service 
(APHIS). The regulations established under the Act are contained in 
title 9 of the Code of Federal Regulations (9 CFR), chapter I, 
subchapter A, parts 1, 2, and 3. The regulations in 9 CFR part 2 
pertain to the safe and humane handling of animals.
    Section 2.130 sets forth minimum age requirements for dogs and cats 
to be transported in commerce. Under Sec.  2.130, dogs and cats cannot 
be transported in commerce or delivered by any person unless they are 8 
weeks of age and have been weaned, except if transported to a 
registered research facility. Currently, no such requirements exist for 
other regulated animals. It is our position that all animals should be 
afforded the same protections as provided for dogs and cats. We are 
currently developing standards for birds in a separate proposed rule; 
therefore, birds were not considered during the development of the 
proposed minimum age requirements in this rule.

[[Page 26345]]

    APHIS is proposing this rule to safeguard the welfare and well-
being of regulated animals and to protect those not yet safeguarded 
from possible stress, distress, pain, suffering and/or death during the 
transport process. APHIS currently requires that all domestic dogs and 
cats transported for regulated purposes be at least 8 weeks of age and 
weaned prior to transport. These same protections should be afforded 
all regulated species.
    Longstanding experience and general veterinary medical experience 
and knowledge support the conclusion that shipping young animals 
increases the risk of illness and death in these animals. Unweaned 
animals and animals of many species under the age of 8 weeks are 
generally not yet able to eat and drink independently of their mothers 
and have an increased need for maternal or human intervention to 
provide nourishment and water frequently. By 8 weeks of age, most 
animals are able to digest solid foods and are no longer dependent on 
their mothers as their sole source of nutrition. The young of social 
species such as nonhuman primates need physical and social interactions 
for proper development, and a loss of role models and companionship 
from an animal of the same species can lead to lifetime behavioral and 
social problems.
    Review of past enforcement issues with the transport of young 
animals involve a wide variety of issues. While we can attribute 
certain injuries, illnesses, or deaths of some young animals to being 
transported before they were weaned and/or 8 weeks of age, it is 
difficult to determine exactly how many such incidents have occurred 
because there is currently no age restriction for transport. As such, 
the age of the animals involved is not always documented. In addition, 
incidents resulting in injury, illness, or death of young, unweaned 
animals may be underreported, as many may involve noncommercial 
transport agents and vehicles.
    Based on acknowledged animal care principles and physiology of 
infant and juvenile animals, any transport totaling more than 2 hours, 
especially if the animal is unweaned and not observed or handled during 
that time, would be stressful and possibly distressful because young 
animals need to be fed and may not be able to adequately control their 
body temperature. The risk of illness or death of the animal may 
increase if the animals are delayed from reaching their destinations on 
flights or ground transportation systems that are delayed.
    In addition, it is in the animal's best interest and welfare to be 
provided with consistent care during the critical period from birth to 
weaning by responsible, knowledgeable, and experienced people. 
Providing animals that are only a day or weeks old and/or unweaned to 
unqualified persons could result in the death of the animal in many 
instances. While it is beyond the scope of APHIS' regulatory authority 
to address the issue of private owner competence, providing a weaned 
and older animal reduces the risks of serious complications that could 
otherwise occur with an animal that is unweaned and/or under the age of 
8 weeks.
    Therefore, we believe that it is necessary to amend the regulations 
to provide that animals under the age of 8 weeks and unweaned, not 
transported in the same enclosure as their mothers, may not be 
transported in commerce unless it is medically necessary for the health 
of the animal or the animal is destined for a registered research 
facility and needs to be acquired at this age to satisfy a specific 
research protocol approved by Institutional Animal Care and Use 
Committees (IACUC). While we are proposing to use 8 weeks as the 
minimum age standard in this document, we recognize that some species 
are naturally weaned at an earlier age. We welcome any comments or 
suggestions regarding particular species or circumstances in which it 
might be appropriate to have a minimum age requirement greater or less 
than 8 weeks.
    We propose to amend Sec.  2.130 by adding a new paragraph (a) to 
specify that no animal, other then birds, be delivered by any person to 
any carrier or intermediate handler for transportation in commerce, or 
be transported in commerce by any person unless the animal is with its 
mother or has been weaned and is at least 8 weeks of age.
    We recognize that situations may arise which require the transport 
of underage and/or unweaned animals and would provide the licensee or 
registrant with some flexibility. To accomplish this, we propose to add 
a new paragraph (b) to provide an exception for animals that are less 
than 8 weeks of age and/or unweaned, to be transported to registered 
research facilities for use in specific IACUC-approved research 
protocols, provided a transportation plan is submitted to and approved 
by the appropriate Animal Care regional office. The transportation plan 
would have to be signed by the attending veterinarian and head of the 
animal caregiving staff and outline the reason for the transport 
(including the IACUC-approved protocol involved, if applicable), 
transportation specifics (including, but not limited to, dates, 
destination, intermediate carrier or handler to be used, mode of 
transportation, and enclosure size and design), food and water 
arrangements, attendants and/or monitoring plan, contact provisions in 
case of medical or other care needs, and, for nonhuman primates, how 
the special needs of the infant will be met during transportation. Our 
proposed rule would also allow for one transportation plan to be 
submitted for multiple animals being transported from one facility if 
the plan can show that the needs of all of the animals have been 
accommodated as determined by Animal Care. As noted previously, Sec.  
2.130 currently provides for underage/unweaned dogs and cats to be 
moved to a registered research facility, but does not require a 
transportation plan. Our proposal would require an APHIS-approved 
transportation plan and IACUC-approved protocols for all animals. By 
requiring research protocols to be IACUC-approved, we would ensure that 
unweaned animals and/or animals under the age of 8 weeks are needed for 
the specific research being conducted at the facility.
    Currently, Sec.  2.33 provides that dogs and cats be given adequate 
medical care from the attending veterinarian, but Sec.  2.130 does not 
specifically address the transportation of underage/unweaned dogs and 
cats for medical care. This proposed rule would amend the regulations 
to explicitly allow for all animals to be transported for medical 
treatment. Specifically, we would also provide in Sec.  2.130, new 
paragraph (c), that persons may transport animals that have not been 
weaned and that are not at least 8 weeks of age to a licensed 
veterinarian for medical care. It is common practice to transport 
animals that have not been weaned and that are not at least 8 weeks of 
age for routine medical care. Therefore, we would not require a 
transportation plan for animals being transported for routine medical 
care (e.g., deworming or vaccinations) if the animal is returned to the 
licensed or registered facility from which it originated upon the 
completion of the medical care for which it was transported and no 
change of ownership is involved. If those conditions are not met, then 
a transportation plan would be required. As in the case of animals 
destined for registered research facilities, our proposed rule would 
allow for one transportation plan to be submitted for multiple animals 
being transported from one facility if the plan can show that the needs 
of all of the

[[Page 26346]]

animals have been accommodated as determined by Animal Care. We would 
not require a transportation plan in the event that the animal requires 
emergency medical care because we do not believe that it would be in 
the best interest of the animal. This would ensure that the animal 
receives timely care. However, to the extent possible, appropriate care 
should be taken to ensure the humane treatment of the animal.
    The Animal Care regional office would accept requests made using e-
mail and via facsimile in order to avoid delaying the transport of the 
animal. Requests made using e-mail or facsimile would have to include 
the transportation plan and the names, mailing addresses, and phone 
numbers of the attending veterinarian and head of the animal caregiving 
staff. The Animal Care regional office would contact the veterinarian 
and head of the animal caregiving staff to confirm their concurrence 
with the plan. In addition, a copy of the transportation plan signed by 
the attending veterinarian and head of the animal caregiving staff 
would have to be kept on file and made available for APHIS inspection. 
Written approval of the transportation plan by the APHIS regional 
office would have to be received before the animal(s) could be 
transported in commerce.
    We believe a transportation plan is necessary to ensure that the 
licensee or registrant understands and has taken into account the 
issues that might arise when transporting unweaned/underage animals 
(e.g., transportation will not be too long, there are adequate food and 
water resources along the way, etc.). In the past, unanticipated events 
(e.g., delays, misdirected shipments) have resulted in the deaths of 
animals. By ensuring proper planning on the part of the licensee or 
registrant, the occurrence of such incidents can be minimized. We 
welcome comments on the practical utility of the proposed 
transportation plan requirement and the specific elements that would 
have to be addressed in the plan, including how we might enhance the 
quality, utility, and clarity of the information collected and how we 
might reduce the paperwork burden that would be associated with the 
proposed transportation plan requirement, including the use of 
performance based criteria as a substitute for specific plan 
requirements, or some combination of the two.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be significant for the purposes of 
Executive Order 12866 and, therefore, has been reviewed by the Office 
of Management and Budget.
    For this proposed rule, we have prepared an economic analysis, 
which is set out below. The analysis considers the potential economic 
effects of the rule on small entities as required by the Regulatory 
Flexibility Act and the potential costs and benefits of the rule as 
required by Executive Order 12866.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is set out below, regarding the 
effects of this proposed rule on small entities. We do not currently 
have all the data necessary for a comprehensive analysis of the effects 
of this proposed rule on small entities. Therefore, we are inviting 
comments concerning potential effects. In particular, we are interested 
in determining: (1) The number of entities that transport unweaned/
underage animals for scientific purposes and/or medical treatment; (2) 
the age at which these animals are being transported; and (3) any 
additional information that may help us to determine the economic 
impact of the proposed minimum age requirements for animals.
    We propose to amend the Animal Welfare Act regulations by adding 
minimum age requirements for the transport in commerce of animals. The 
regulations currently contain such requirements for dogs and cats, but 
no corresponding ones for other regulated animals, despite the risks 
associated with the early transport of these species. We also propose 
to amend the regulations to allow, provided certain conditions are met, 
for animals to be transported without their mothers for medical 
treatment and for scientific research before reaching the minimum age 
and weaning requirement. Establishing minimum age requirements for the 
transport in commerce of animals and providing for the transport of 
animals that have not met the minimum age requirements are necessary to 
help ensure the humane treatment of these animals.

Benefits and Costs of the Rule

    Transporting young, unweaned animals without their mothers 
increases the risk of them becoming sick or dying during transport. 
According to APHIS Animal Care, this risk may increase if the animals 
are delayed from reaching their destinations because of flights or 
ground transportation systems that are delayed. Unweaned animals and 
animals of many species under the age of 8 weeks are generally not yet 
able to eat and drink independently of their mothers and have an 
increased need for maternal or human intervention to provide 
nourishment and water frequently.
    The benefit of the proposed rule is the reduced risk of inhumane 
treatment of young and unweaned animals. A measure of this benefit, 
once the rule is enacted, would be the reduction in the frequency of 
illness and death of young animals while being transported. We believe 
that a reduction in illness and death for dogs and cats resulted when 
the same weaning and minimum age requirements were established for 
those species. As far as we know, the benefit for dogs and cats has not 
been documented, but general veterinary medical experience and 
knowledge support the conclusion that shipping young animals increases 
the risk of illness and death in these animals.
    Costs of the proposed rule would be incurred by entities that would 
otherwise transport animals unweaned and under 8 weeks of age, in terms 
of the additional time the infant animals would need to be maintained 
before transport. Direct costs of feeding and caring for these very 
young animals until they are weaned and 8 weeks of age would be 
minimal; care and sustenance would be provided by their mothers unless 
the mother and offspring have been separated. The additional cost of 
feeding animals ranges from less than $1 to $5 a day depending upon the 
species of animal. For example, the cost of feeding small mammals, such 
as ferrets and guinea pigs, is less than a $1 a day while the cost of 
feeding a chimpanzee ranges from $2 to $5 a day.
    There are generally no additional feeding costs for animals that 
are nursing as compared to those that are not; however, there may be 
additional costs associated with transporting animals that are nursing 
with their mothers. The amount of space required for one adult animal 
would generally be sufficient for unweaned cubs, puppies, and kittens. 
The unweaned young of big cats or nonhuman primates may require 
additional space when traveling with their mothers than what is 
currently required in the regulations for adults of these animals when 
traveling alone. The incorporation of larger cages would be a one-time 
investment, if necessary, and we anticipate that most facilities for 
exotics should be able to readily reconfigure current enclosures to 
accommodate any additional space at little or no additional cost.
    While APHIS is aware that some breeders and dealers transport 
unweaned animals before 8 weeks of age, the specific age at which these

[[Page 26347]]

animals are transported is unknown. Without this information it is 
difficult to quantify the impacts to those entities currently 
transporting animals before 8 weeks of age or unweaned. A discussion 
with the industry representatives indicates that most responsible 
breeders and dealers do not transport animals until they have been 
weaned or are 8 weeks of age. This proposed rule would have little, if 
any, economic impact on those licensees. If the licensee does not 
already follow the minimum age requirements as outlined in this 
proposed rule, there would be an increased cost of care associated with 
the longer holding time for the animals. This increased cost is 
expected to be only a small percentage of the revenue from the animal's 
sale.
    The price of animals can vary from a few hundred dollars for a wild 
squirrel, to several thousand dollars for an adult monkey. For example, 
the price of some of the smallest animals, such as guinea pigs, is $30, 
while wild cats can range from $1,200 for single jungle cat to $15,000 
for a single white tiger. The price of a baby chimpanzee can be as high 
as $50,000.\1\
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    \1\ https://www.monkeybreeder.com.
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    Another area of cost associated with the proposed rule would be the 
higher shipping charges that would be incurred, simply because a weaned 
animal that is at least 8 weeks of age would be larger than an animal 
of the same species that is not yet weaned and less than 8 weeks old. 
Table 1 shows live animal air cargo shipping rates by weight of the 
shipment.

             Table 1.--Live Animal Air Cargo Shipping Rates
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                                                          Security tax
                   Weight                       Rate     ($0.21 per lb)
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0-9 lbs....................................       $109         $0--$1.89
10-50 lbs..................................        189       2.10--10.50
51-70 lbs..................................        239      10.71--14.70
71-100 lbs.................................        299      14.91--21.00
101-150 lbs................................        359      21.21--31.50
151-200 lbs................................        459      31.71--42.00
------------------------------------------------------------------------

    The additional shipping costs are expected to be a small percentage 
of the animal's sale price. We would expect the additional costs of 
care and feeding of animals until they reach the minimum transport age 
would be offset, and maybe exceeded, by the improved welfare benefits 
to the animals in terms of enhanced safeguarding and decreased animal 
morbidity and mortality that could result from the transport in 
commerce of young animals. We expect the benefits of safeguarding 
animals that are under 8 weeks of age and/or unweaned to exceed the 
additional costs associated with care and feeding that would result 
from this rule. We welcome information that the public may offer that 
would allow the Agency to better evaluate benefits and costs of the 
proposed rule.
    We note that the Captive Wildlife Safety Act (CWSA) prohibits 
interstate and foreign trade in exotic cats. Under this Act, it is 
illegal to import, export, transport, sell, receive, acquire, or 
purchase, in interstate or foreign commerce, live lions, tigers, 
leopards, snow leopards, cheetahs, jaguars, or cougars, or any hybrid 
combination of any of these species, except in certain cases. Thus, 
exotic cats covered under CWSA generally cannot be transported 
interstate, irrespective of whether they have been weaned and are at 
least 8 weeks of age. The proposed rule would still apply for circuses, 
zoos, wildlife rehabilitators and some other licensed facilities that 
are exempt from the CWSA regulations.

Assessment of Alternatives

    One alternative would be to make no changes to the current 
regulations. However, transporting animals before they are 8 weeks of 
age or weaned increases the risk of those animals becoming sick or 
dying. In addition, we believe that certain circumstances may require 
the transport of animals before reaching the minimum age requirement, 
such as, transport to a medical facility for medical treatment. Such 
exceptions would make it necessary to ensure these animals are also 
transported safely. Therefore, doing nothing is not a viable option to 
safeguarding animals in commerce.
    Another alternative would be to allow the transport of weaned 
animals without an 8-week minimum age requirement. This would allow 
smaller animals that mature faster than larger animals to be 
transported before reaching 8 weeks of age. This alternative would also 
protect larger animals from being transported before they are weaned, 
as it is possible that some larger species of animals will not by 
weaned by 8 weeks of age. The problem with this alternative is that 
brokers and dealers could falsely state that the animal has been weaned 
in order to allow them to transport the animal prematurely.
    A third alternative would be to implement a two-tiered system. The 
system would compensate for smaller animals that are weaned before 8 
weeks of age compared to larger animals that require more time to 
mature. Such a system could use adult weight as the determining factor 
for each tier and set an appropriate weight limit (e.g., 15 pounds). In 
the first tier, animals weighing less than 15 pounds could be 
transported when the animal is 4 weeks of age and weaned. In the second 
tier, animals larger than 15 pounds would need to be 8 weeks of age and 
weaned before transport. This alternative would benefit the entities 
that broker and breed small pets while continuing to safeguard the 
larger animals. However, APHIS believes this alternative could cause 
problems when classifying the animals under each tier. Each animal's 
life cycle is different and weight alone is not a good measure of when 
the animal will become weaned and ready for transport. We welcome 
public and industry comment on the potential impacts of a two-tiered 
system for classifying animals for transport, including specific 
criteria we should consider when classifying animals into tiers and 
timeframes for weaning that can be applied to each tier.
    For these reasons, we have determined that proposing minimum age 
and weaning requirements would best safeguard the health and welfare of 
larger animals. This proposed rule would also allow for the transport 
of animals to research facilities before meeting the minimum age 
requirement, provided that a transportation plan is submitted to and 
approved by the Animal Care regional office. We believe that allowing 
underage and unweaned research animals to be transported without a 
transportation plan subjects these animals to unnecessary risks, and 
that the plan is necessary to assure that these animals arrive safely 
at their destinations. This proposed rule would also allow for animals 
to be transported to a licensed veterinarian for medical care before 
meeting the minimum age requirement.

Impact on Small Entities

    The North American Industry Classification System (NAICS) code of 
particular interest is 424990 (Other Miscellaneous Nondurable Goods 
Merchant Wholesalers), for which the small-entity size standard is 100 
or fewer employees. This industry includes animal dealers and 
importers. According to APHIS Animal Care, there are approximately 
5,060 licensed animal dealers. The proposed rule may also affect 
entities classified within NAICS codes 712130 (Zoos and Botanical 
Gardens) and 712190 (Nature Parks and Other Similar Institutions). A 
small enterprise classified within either of these codes is one having 
$6.5 million or less in annual receipts. Also of interest are 
businesses that breed animals, which fall within NAICS code 112990 (All 
Other Animal Production)

[[Page 26348]]

and for which the small-entity definition is $750,000 or less in annual 
receipts. For facilities that deal in research with animals, the NAICS 
code is 541710 (Research and Development in the Physical, Engineering, 
and Life Sciences), and the small-entity definition is 500 or fewer 
employees. While only a fraction of the firms in each industry code 
group are expected to be directly affected by the proposed rule, we 
note that the majority of entities in each of these industry groups are 
small.\2\
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    \2\ Based on data provided by the U.S. Census Bureau, Statistics 
of U.S. Businesses, to SBA, Office of Advocacy, small operations 
comprise more than 90 percent of animal dealers and/or independent 
importers, more than 70 percent of zoos and botanical gardens, more 
than 80 percent of nature parks and other similar institutions, and 
more than 90 percent of research facilities that could potentially 
handle the animals of concern.
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    According to APHIS Animal Care, nearly all of the 5,060 animal 
dealers have annual receipts of less than $750,000, which classifies 
them as small entities under Small Business Administration criteria. 
APHIS does not have specific information regarding the 5,060 licensed 
animal dealers; however, we would expect that some would be considered 
small entities. It is unknown how many of these licensed animal dealers 
transport underage and unweaned animals. It is also unknown at what age 
these animals are being transported. Information is currently not 
available to identify the dog and cat dealers who transport underage 
and unweaned animals to approved research facilities. We welcome 
information that the public may offer that would allow the Agency to 
better determine the impact of the proposed 8-week minimum age 
requirement. Specifically, we welcome public comment on the number of 
establishments that could be affected, particularly ones classified 
within the industry groups identified in this analysis; the frequency 
with which they transport unweaned animals under 8 weeks of age, 
without their mothers; and the delays and associated costs that small 
entities may incur because of the proposed rule.
    This proposed rule contains certain reporting and recordkeeping 
requirements (See ``Paperwork Reduction Act'' below).
    With respect to exotic cats, the proposed rule is superseded by the 
Captive Wildlife Safety Act regulations (50 CFR Part 14, Subpart K), 
which prohibit the interstate transport of these animals other than by 
certain licensed facilities such as circuses, zoos, and wildlife 
rehabilitators. The licensed facilities would not be exempt from the 
proposed rule.

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. 
This rule would not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. The Act 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-
2006-0024. Please send a copy of your comments to: (1) Docket No. 
APHIS-2006-0024, 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 protect the health and well-being of young animals, we are 
proposing to require animals to be at least 8 weeks of age and weaned 
before they can be shipped in commerce. Also, a transportation plan 
would be required for transport to research facilities or for medical 
treatment for all animals that are less than 8 weeks of age and have 
been weaned. The transportation plan is required to be written, signed 
by the attending veterinarian and head of the animal caregiving staff, 
and submitted to APHIS for approval prior to the shipment. The plan 
must include the details of the transport and the justification for the 
transport.
    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 0.5 hours per response.
    Respondents: Animal dealers and breeders who ship or transport 
animals.
    Estimated annual number of respondents: 1,000.
    Estimated annual number of responses per respondent: 4.
    Estimated annual number of responses: 4,000.
    Estimated total annual burden on respondents: 2,000 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) 
734-7477.

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) 734-7477.

List of Subjects in 9 CFR Part 2

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


[[Page 26349]]


    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. Section 2.130 is revised to read as follows:


Sec.  2.130  Minimum age requirements.

    (a) Unless being transported in the same enclosure as its mother or 
documented surrogate mother, no animal, other than birds, except as 
provided in paragraphs (b) and (c) of this section, shall be delivered 
by any person to any carrier or intermediate handler for transportation 
in commerce, or be transported in commerce by any person unless such 
animal has been weaned and is at least 8 weeks of age.
    (b)(1) Persons wishing to transport an animal that has not been 
weaned and that is not at least 8 weeks of age without its mother or 
documented surrogate mother to a registered research facility for a 
specific protocol approved by the Institutional Animal Care and Use 
Committees (IACUC) must obtain prior written approval by the 
appropriate Animal Care regional office by submitting, in writing, a 
transportation plan signed by the attending veterinarian and head of 
the animal caregiving staff outlining the reason for the transport 
(including the IACUC-approved protocol involved, if applicable), 
transportation specifics (including, but not limited to, dates, 
destination, intermediate carrier or handler to be used, mode of 
transportation, and enclosure size and design), food and water 
arrangements, attendants and/or monitoring plan, contact provisions in 
case of medical or other care needs, and, for nonhuman primates, how 
the special needs of the infant will be met during transportation (in 
support of the requirements of Sec.  3.81).
    (2) One transportation plan may be submitted for multiple animals 
being transported from one facility if the plan can show that the needs 
of all of the animals have been accommodated as determined by Animal 
Care.
    (3) Transportation plans submitted via e-mail or facsimile must 
also include the names, mailing addresses, and phone numbers of the 
attending veterinarian and head of the animal caregiving staff. Those 
submitting plans via e-mail or facsimile must also keep on file a copy 
of the transportation plan that is signed by the attending veterinarian 
and head of the animal caregiving staff and make the plan available to 
Animal Care upon request.
    (c)(1) Persons may transport an animal that has not been weaned and 
that is not at least 8 weeks of age without its mother or documented 
surrogate mother to a licensed veterinarian for routine medical care, 
provided the animal is returned to the licensed or registered facility 
from which it originated upon the completion of the medical care for 
which it was transported and no change of ownership is involved. If 
those conditions are not met, then persons wishing to transport animals 
that have not been weaned and that are not at least 8 weeks of age for 
routine medical care must obtain approval from the appropriate Animal 
Care regional office by submitting a transportation plan in accordance 
with paragraph (b) of this section.
    (2) One transportation plan may be submitted for multiple animals 
being transported from one facility if the plan can show that the needs 
of all of the animals have been accommodated as determined by Animal 
Care.
    (3) Persons may transport animals that have not been weaned and 
that are not at least 8 weeks of age to a licensed veterinarian for 
emergency medical care without a transportation plan.

    Done in Washington, DC, this 5th day of May 2008.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
 [FR Doc. E8-10400 Filed 5-8-08; 8:45 am]
BILLING CODE 3410-34-P