Submission of Itineraries, 76809-76815 [2012-31417]
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76809
Rules and Regulations
Federal Register
Vol. 77, No. 250
Monday, December 31, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
II. Summary of the Major Provisions of
the Regulatory Action in Question
This rule will require the advance
submission of itineraries by any person
who is subject to the Animal Welfare
Act regulations and who intends to
exhibit any animal at any location other
than the person’s approved site when
travel will extend overnight.
III. Costs and Benefits
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 2
[Docket No. APHIS–2006–0023]
RIN 0579–AD03
Submission of Itineraries
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the Animal
Welfare Act regulations to include more
specific requirements in the regulations
concerning the submission of itineraries
by any person who is subject to the
Animal Welfare Act regulations and
who intends to exhibit any animal at
any location other than the person’s
approved site when travel will extend
overnight. APHIS inspectors need
access to animals, facilities, and records
for unannounced inspections when
animals are exhibited at a location other
than at a regulated person’s approved
site to improve compliance with the
regulations and the Animal Welfare Act.
DATES: Effective Date: January 30, 2013.
FOR FURTHER INFORMATION CONTACT: Dr.
Barbara Kohn, Senior Staff Veterinarian,
Animal Care, APHIS, 4700 River Road,
Unit 84, Riverdale, MD 20737–1234;
(301) 851–3751.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Executive Summary
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I. Purpose of the Regulatory Action
The rule will facilitate enforcement of
the Animal Welfare Act regulations for
traveling exhibitors and thereby help to
ensure the humane handling, housing,
treatment, and transportation of the
animals in their care.
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Costs of the rule for exhibitors are
expected to be small. The estimated
time needed to prepare and submit an
itinerary once arrangements have been
made is about 15 minutes. Many
traveling animal exhibitors are already
submitting itineraries in a timely
manner in accordance with existing
Agency policy when a regulated animal
is exhibited away from its approved site
for 4 days or more. This rule is expected
to cost the estimated affected 425
exhibitors a total of about $15,375 per
year to prepare and submit itineraries.
The rule is expected to eliminate costs
APHIS incurs in attempting to inspect
animals that are not at locations where
APHIS expected them to be, and to
reduce some costs associated with
responding to inquiries and complaints
about traveling exhibitors alleged to
have violated Animal Welfare Act
regulations and standards. Money saved
on these activities can be put toward
inspections and other activities that will
benefit animal welfare.
The Final Rule
The Animal Welfare Act (Act) (7
U.S.C. 2131–2159) authorizes the
Secretary of Agriculture to promulgate
rules and standards and other
requirements governing the humane
handling, housing, care, treatment, and
transportation of certain animals by
dealers, exhibitors, and other regulated
entities. The Secretary of Agriculture
has delegated the responsibility for
enforcing the Act to the Administrator
of the U.S. Department of Agriculture’s
Animal and Plant Health Inspection
Service (APHIS). Regulations and
standards established under the Act are
contained in title 9 of the Code of
Federal Regulations (CFR), parts 1, 2,
and 3. The APHIS Animal Care (AC)
program ensures compliance with the
Act regulations and standards by
conducting unannounced inspections of
premises with regulated animals.
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The regulations contained in 9 CFR
part 2 establish certain responsibilities
of regulated persons under the Act.
These responsibilities include
requirements for the licensing and
registration of dealers, exhibitors, and
research facilities, and standards for
veterinary care, identification of
animals, and recordkeeping.
On October 1, 2009, we published in
the Federal Register (74 FR 50738–
50740, Docket No. APHIS–2006–0023) a
proposal 1 to amend the regulations to
include more specific requirements in
the regulations concerning the
submission of itineraries by any person
who is subject to the Act regulations
and who intends to exhibit any animal
at any location other than the person’s
approved site. We proposed to require
that such itineraries be submitted to the
AC Regional Director no fewer than 2
days in advance of any travel.
We proposed that the itinerary
include:
• The name and license or
registration number under the Act of the
person who will exhibit the animals,
and if any animals are leased, borrowed,
loaned, or under some similar
arrangement, the name of the person
who owns the animals;
• The name, identification number or
identifying characteristics, species
(common or scientific name), sex and
age of each animal; and
• The names, dates, and locations
where the animals will travel, be
housed, and be exhibited, including all
anticipated dates and locations for any
stops and layovers.
We proposed to require that the
itinerary be revised as necessary and the
AC Regional Director notified of any
changes.
We explained that our reason for
proposing to require such itineraries to
be submitted no fewer than 2 days
before the start of travel was to ensure
that AC inspectors have advance notice
of the locations where animals will be
exhibited so that they can make
unannounced inspections to ensure
compliance with regulations and
standards for animal welfare.
We solicited comments concerning
our proposal for 60 days ending
November 30, 2009. We received 790
comments by that date. They were from
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2006-0023.
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animal welfare organizations, exhibitor
and trade associations, exhibitors, and
private citizens. We have considered all
issues raised by the commenters and
discuss below those issues that were
within the scope of the proposed rule.
A large number of commenters
supported the proposed rule as written.
Among the reasons provided for their
support, commenters stated that the
proposed provisions would make it
easier for APHIS to monitor adherence
to the regulations and that the rule
would have little impact on the majority
of exhibitors who already submit
itineraries in a timely manner. One
commenter expressed the hope that the
proposed provisions would allow
APHIS to ensure that animals are
afforded the minimum space
requirements for primary enclosures
when not in actual transport and to
better monitor the time animals spend
in an exercise pen or its equivalent.
Issue: Some commenters stated that
the proposed rule is unnecessary
because exhibitors already submit
itineraries in accordance with a policy
that APHIS implemented in 1997, titled
‘‘Policy 2,’’ which states:
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Exhibitors who are in continuous travel
status shall update their itinerary as often as
necessary to ensure AC [Animal Care] knows
their whereabouts at all times.
Circuses, petting zoos, and acts with an
established route shall notify AC in advance
of departing their home facility and update
travel information as needed.
Exhibitors who take animals from their
facilities from time to time shall notify AC
when any animal is gone more than four (4)
consecutive days. Upon request, a licensee
shall provide an itinerary of absences of less
than four (4) days.
Providing notification ensures the
opportunity for access for an unannounced
inspection, eliminates unnecessary AC visits
when a licensee has been inspected recently,
and minimizes resources needed to locate the
exhibitor.
The itinerary should provide the following:
1. Dates away from the home facility.
2. City and State for all stops.
3. Site name or location of all stops.
Similar information must be provided for
all periods of ‘‘lay-over’’ while traveling.
Response: Federal regulations are
codified in the CFR and carry the force
of law. The regulations that APHIS has
promulgated in accordance with the Act
are set forth in 9 CFR parts 1 through
4. Additionally, we sometimes issue
policy statements to provide the
guidance to the public regarding our
interpretation of what is necessary for
regulated entities to meet the
requirements of the regulations. Policy 2
was issued for guidance regarding the
requirements of the regulations in
§ 2.126, which specify that APHIS must
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have access to regulated facilities in
order to conduct inspections that
effectively enforce the Act. Although
regulated entities are subject to the Act
no matter where their animals might be
located, the regulations in § 2.126 have
not included specific provisions on
what APHIS considers necessary for
effective enforcement of the regulations
when animals have temporarily been
moved from an approved site. Although
Policy 2 has been useful in conveying
APHIS’ intent and expectations in such
situations, we consider it necessary to
codify in § 2.126 more specific
responsibilities of a regulated entity.
Issue: A number of commenters stated
that if APHIS does replace Policy 2 with
regulations in the CFR, the regulations
should be consistent with Policy 2 in
requiring itineraries to be submitted
only if the animals are away from the
approved site for 4 days or more.
Commenters stated that exhibitors
sometimes take animals offsite for
several short engagements during the
same week or even the same day.
Commenters expressed concern that
being required to submit an itinerary for
every movement from the approved site
would impose a large and unnecessary
paperwork burden on both exhibitors
and APHIS. One commenter
recommended that if APHIS concludes
there is a need for additional reporting
of offsite engagements, the regulations
require that all exhibitors who move
animals offsite for more than 48 hours
notify APHIS of their route, exhibit
locations, and anticipated time of
return. One commenter recommended
that, instead of requiring reporting of all
travel from an approved site, APHIS
require that exhibitors have on file with
APHIS current contact information for
the person in charge of the traveling
unit. Another commenter recommended
that, instead of requiring that all travel
from a home facility be reported, APHIS
should require that regulated facilities
keep in their own records information
identifying the animals taken offsite, the
location to which the animals have been
taken, the date and time of travel, and
the date and time when the animals
were returned to the facility. The
commenter stated that such information
would enable APHIS inspectors to know
the location of animals that are taken
from the approved site for short periods
of time.
Response: Based on our experience
enforcing the regulations, we consider 4
days too long a time for APHIS to be
unaware of the location of animals
covered by the Act. As we stated in our
October 2009 proposed rule, we need to
ensure that AC inspectors have advance
notice of the locations where animals
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will be exhibited so that they can make
unannounced inspections to ensure
compliance with regulations and
standards for animal welfare. Knowing
which exhibitor showed animals at a
particular location on a particular date
will also help AC inspectors follow up
on complaints that APHIS receives
about alleged violations of the
regulations and standards by traveling
exhibitors. Such complaints are often
received after an exhibitor has left a
location, and the person submitting the
complaint often does not know the
name of the exhibitor. However, based
on the information supplied by
commenters, we agree that the benefit of
APHIS’ knowing the location of animals
that are taken offsite for exhibition for
less than a day may not be
commensurate with the reporting that
would be required under the proposed
provisions. Therefore, in this final rule,
we are providing that the reporting
requirement under new § 2.126(c)
applies only if animals are absent from
the approved site overnight.
Issue: One commenter stated that if a
complaint were filed while an animal
were offsite for less than 4 days, the
animal would likely be returned to its
approved site before an inspector could
reach the offsite location.
Response: We are making no changes
based on the comment. Complaints
regarding potential violations of the Act
are made at various times in relation to
the incident or observation. Some are
made several weeks or months later. In
order for APHIS to effectively follow up
on any information received, it is
imperative that the Agency know the
location of the licensee or registrant and
animals at the time of the incident or
observation that prompted the
complaint.
Issue: As noted above, the proposed
rule would have required that itineraries
submitted by exhibitors be received by
the AC Regional Director no fewer than
2 days in advance of any travel to
another location for exhibition,
regardless of the length of time. A
number of commenters expressed
concern that having to give such
advance notice would prohibit some
exhibitors from accepting certain
engagements and requested that the
regulations provide for situations where
2 days’ notice is not practical.
Commenters stated that many requests
for animal exhibits, including those for
educational purposes, occur within 2
days of the requested exhibit date and
that some requests are received on the
day of the requested exhibition.
Conversely, one commenter
recommended that the regulations
require that a detailed itinerary be
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submitted to APHIS no less than 2
months before travel. Another
commenter stated that engagements
accepted with little advance notice may
be subject to less careful planning than
those scheduled ahead of time, making
it more important for APHIS to ensure
that the regulations and the standards of
the Act are met.
Response: We expect that some of the
concerns expressed by the commenters
will be addressed by the change we are
making to the proposed provisions that
will exempt exhibitors from the
submission requirement if the animals
are taken offsite for exhibition and
returned the same day. Movements of
animals offsite for exhibition for longer
periods of time requires preparation
with regard to logistics such as housing,
security, food, water, employees, and
public barriers and perimeter fences.
Such arrangements are typically made
well in advance of travel. AC needs the
itineraries before the travel begins to
ensure that inspectors know where the
animals will be on specific dates so that
they can make unannounced
inspections at the travel sites. Requiring
itineraries to be submitted at least 48
hours in advance will give AC sufficient
notice and will be close enough to the
time of travel for travel plans and
logistics to be firm in most instances.
Nevertheless, we recognize the need for
some flexibility regarding this
requirement. If an exhibitor does accept
an engagement for which travel will
begin with less than 48 hours’ notice,
the exhibitor must contact the APHIS
AC Regional Director immediately in
writing with the information listed in
§ 2.126(c). Facsimiles or emails are
acceptable. We expect such notifications
on shortened notice to be infrequent,
however, and exhibitors who repeatedly
provide less than 48 hours’ notice will
be subject to increased scrutiny under
the Act. We do not consider it practical
to set a specific threshold for what
constitutes ‘‘repeatedly,’’ due to the
wide range of number of submissions by
exhibitors. Whereas some exhibitors
make only several submissions a year
that cover multiple pre-scheduled
exhibitions, others submit more
numerous submissions on a job-by-job
basis. If APHIS considers an exhibitor to
be submitting itineraries with less than
48 hours’ notice with a high frequency,
we may monitor the exhibitor more
closely.
Issue: Several commenters stated that
the information on itineraries submitted
in a timely fashion frequently becomes
outdated by the time the animals
actually begin their travel. Commenters
stated that, due to factors such as
illness, behavior, client requests, or
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shedding, animals listed on the itinerary
sometimes cannot travel. Additionally,
said some commenters, illness or
scheduling conflicts may require that
staff members other than those listed on
the itinerary travel with the animals.
The commenters expressed concern that
having to report all such last-minute
changes to APHIS would become
unduly burdensome for exhibitors.
Response: Although exhibitors are
free to submit itineraries well in
advance of intended travel, this rule
only requires submission of an itinerary
no less than 2 days before the travel.
Although we recognize that even during
that amount of time, it may sometimes
become necessary to change the plans
indicated on the itinerary, based on our
experience dealing with the regulated
industry, we do not expect such changes
to happen frequently enough that
reporting them to APHIS will create an
undue burden on exhibitors.
Requirements for notifying APHIS of
itinerary changes are discussed below.
Issue: Some commenters expressed
concern that the proposed rule included
a requirement that an itinerary include
all anticipated dates and locations (with
addresses) for any stops and layovers,
and that the itinerary be promptly
revised, as necessary, to account for any
changes. Commenters stated that it
would be unreasonably burdensome on
the exhibitor and APHIS to require
notification of every minor deviation
from a previously filed itinerary. One
commenter asked whether APHIS is
contemplating requiring specific
information regarding rest stops and
meal breaks. Commenters stated that a
variety of factors determine where and
when exhibitors stop on the road for
animal care checks and that events that
delay or interrupt travel sometimes
occur with little or no advance warning.
The commenters gave as examples
problems with weather, mechanical
breakdowns, road conditions,
uncooperative animals, and delays from
a home facility or stop/layover. Other
factors cited included access to water
spigots and adequate parking. One
commenter stated that train travel is
sometimes interrupted due to track or
equipment issues or for crew changes,
the filling of water tanks, or to allow
other traffic to proceed. During longer
delays, stated the commenter, animals
might be offloaded for exercise and
cleaning of railcars.
Response: It is not the intent of this
final rule, nor is it the intent of Policy
2 and § 2.126 of the regulations, to
require that APHIS be advised regarding
every minute of a journey. The required
itinerary must indicate where the
licensee or registrant and animals will
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be on which dates. If there is an
anticipated layover of a length of time
sufficient to allow/require removal of
the animals from the transport
enclosures, that layover should be
indicated on the itinerary.
Unanticipated delays of such length
must be reported to the appropriate
APHIS AC Regional Director the next
APHIS business day.2
Issue: As noted above, the proposed
rule included the requirement that the
information on a submitted itinerary be
promptly revised to account for any
changes. Several commenters asked
what APHIS’ intent is regarding the
term ‘‘promptly,’’ whether APHIS
personnel would be available to receive
notification of changes that occur
overnight, and what process APHIS had
in mind for editing an itinerary.
Response: This final rule requires
notification of itinerary changes in
written form. Emails and facsimile
notifications can be sent at any hour.
We are providing in this final rule that,
if initial notification in an emergency is
made other than by email or facsimile,
it must be followed up with written
documentation at the earliest possible
time. For changes that occur after
normal business hours, the change must
be conveyed to the appropriate APHIS
AC Regional Director no later than the
following APHIS business day.3
Issue: A number of commenters
expressed concern that if detailed
information about their stops became
public knowledge, it could compromise
the safety of animals and caretakers. The
commenters stated that such
information could be used by special
interest groups to plan disruptions or
conduct acts of violence against
exhibitors. Other commenters stated
that having advance notice of an
exhibitor’s itinerary would give
competitors an advantage in competing
for business. The commenters stated
that itineraries should be made available
only to APHIS and its inspectors.
Response: We are cognizant of the
concerns of persons subject to the Act
regarding the release of itinerary
information. We note, however, that the
type of information required in this rule
is already required in accordance with
Policy 2 and § 2.126 of the regulations
and we are not aware of any problems
that have been caused by it to date.
Further, a number of licensees and
registrants already inform the public of
their exhibit dates and locations through
Web sites and other means. A person
2 APHIS Regional offices are available each
weekday, except on Federal holidays, from 8 a.m.
to 5 p.m.
3 See footnote 2.
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seeking information submitted to APHIS
would need to request such information
under the Freedom of Information Act,
which exempts from release commercial
or financial information that is
privileged or confidential.
Issue: One commenter recommended
that loans for a stated period of time
between Association of Zoos and
Aquariums (AZA) member zoos and
aquariums for exhibit or breeding be
exempt from the provisions of the
proposal.
Response: We agree that movements
of animals from one zoological facility
to another for the purposes described by
the commenter are of a different nature
than the types of movement
contemplated by § 2.126(c). Such
transfers, which are generally made on
a long-term basis, do not fall under the
intent or requirements of this final rule.
When one zoological facility loans an
animal to another zoological facility for
purposes such as exhibit or breeding,
the facilities generally enter into a legal
agreement that transfers responsibility
for the animal to the recipient facility
for the loan period. The recipient
facility is responsibility for meeting the
requirements of the Act with regard to
that animal during the duration of the
loan period.
Issue: One commenter stated that
there is no need to apply the regulation
as proposed to zoos. The commenter
stated that the clear intent of Policy 2
and § 2.126 of the regulations is to
ensure that true traveling exhibitors
such as carnivals, circuses, animal acts,
traveling educational exhibits, and
petting zoos are available for inspection.
The commenter stated that because zoos
are not traveling exhibitors, there is no
need to apply the proposed
requirements to them.
Response: We agree that zoos are
generally not considered traveling
exhibitors. As indicated above, those
licensees and registrants who take
animals offsite and return them the
same day will not need to submit an
itinerary to APHIS for those movements.
However, APHIS needs to know the
location of animals moved from zoos
overnight for exhibition, just as the
Agency needs to know the whereabouts
of animals taken offsite overnight for
exhibition by other exhibitors. With the
exception discussed above for loans
between zoological facilities, the
provisions of § 2.126(c) will apply to
zoological facilities, just as Policy 2 has
applied to permanent facilities such as
zoos.
Issue: The proposed rule included the
requirement that an itinerary contain
the following information:
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• The name(s) of the person(s) who
intends to exhibit the animal(s) and
transport the animal(s) for exhibition
purposes, including any business
name(s) and current Act license or
registration number(s) and, in the event
that any animal is leased, borrowed,
loaned, or under some similar
arrangement, the name of the person
who owns such animal;
• The name, identification number or
identifying characteristics, species
(common or scientific name), sex and
age of each animal; and
• The names, dates, and locations
(with addresses) where the animals will
travel, be housed, and be exhibited,
including all anticipated dates and
locations (with addresses) for any stops
and layovers.
Several commenters stated the
required information is duplicative of
information the exhibitor is already
required to file. Several commenters
stated that all animals already must be
accompanied by a valid, current health
certification, which indicates the
animal’s age, sex, species, and
identification number where applicable.
One commenter stated that the proposed
requirements would be duplicative of
information the exhibitor already files
each year as part of its license renewal.
The commenter stated that the
information already submitted includes
a complete list of cities and precise
engagement dates and venues.
Response: We are making no changes
based on these comments. This rule
requires information beyond that
collected by other programs and
agencies regarding the movement of
animals. The information provided in a
health certificate does not encompass all
the information required under Policy 2
and the more specific requirements of
§ 2.126 of this rule. Additionally, it is
important that this information be
submitted and distributed to our field
inspectors in a timely manner. Having
to rely on incomplete information
collected by other parties would not
allow efficient and effective use of
APHIS resources. We do not expect that
there will be a significant increase in
reporting requirements for exhibitors
who already comply with the
regulations and Policy 2. Exhibitors who
submit a yearly itinerary that does not
change would not need to submit
further itineraries under this rule.
However, any changes to that yearly
submission would need to be reported
to APHIS.
Issue: As part of the proposed rule, in
accordance with the requirements of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), APHIS provided an
estimate of the public reporting burden
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for the collection of information that
would occur under the provisions of the
proposal. We estimated that the number
of respondents who would provide
information to APHIS if the proposed
rule were made final would be 300, and
that each respondent would provide an
average of 8.66 responses per year, for
a total of approximately 2,600 responses
per year. We estimated that each
response would take an average of 0.25
hours to complete.
One commenter, a representative of
the AZA, estimated that because many
AZA-accredited zoos and aquariums
conduct offsite outreach programs at
locations such as schools and nursing
homes, the AZA’s 221 accredited zoos
and aquariums alone would make a total
of at least 50,000 to 70,000 submissions
annually. Another commenter stated
that adjustments to itineraries would
require more than 15 minutes each.
Response: Based on comments we
received from the public and upon
review of our estimate of potential
reporting burden for this rule, we agree
that submissions by permanently based
zoological facilities were
underrepresented in our estimate.
However, we disagree with the
commenter who estimated that AZAaccredited zoos and aquariums would
submit at least 50,000 to 70,000
itineraries annually. To arrive at that
total, each zoo would need to submit
from 225 to 320 itineraries per year,
which we consider unlikely,
particularly in light of the change we are
making in this rule that will not require
submission of itineraries for trips that
do not extend overnight.
We have revised our estimates of the
number of exhibitors who will be
affected by this rule. Our original
estimate that 300 exhibitors would be
affected by the rule was based on the
number of active licensees that had
inspections at traveling sites. We have
increased that number by 125, based on
our estimate that approximately 6
percent of nontraveling exhibitors may
occasionally take animals away from
their facility overnight for exhibition.
We further estimate that those 425
exhibitors would provide a total of
about 4,100 responses each year. We
derived this number through discussion
with AC regional offices and after
looking at the size and histories of
traveling exhibitors. For example, large
circuses usually have itineraries
planned a year or more in advance.
Some smaller exhibitors may not know
their schedules until a week before a
performance. Thus, we estimated that
about 100 of the affected exhibitors
would submit itineraries about twice a
year (200 submissions), and that the
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remainder would submit itineraries
monthly (3,900 submissions). We
continue to consider our estimate of
0.25 hours per response to be
reasonable. In each case where animals
are to be moved, the facility or promoter
would already have arranged the
necessary booking and trip logistics.
The 0.25 hours represents the time
needed to type or write out the itinerary
and send it by email or facsimile to
APHIS.
Issue: Several commenters stated that
APHIS did not make clear in its
proposal why the Agency considers the
proposed regulations to be necessary.
One commenter requested that APHIS
indicate the types of problems its
inspectors are experiencing. One
commenter stated that, in place of the
expanded requirements, APHIS should
work with regulated entities to develop
methods of ensuring that APHIS
maintains reasonable access to facilities
and animals. One commenter
questioned why APHIS has decided to
take on the extra burden of requiring
itinerary submissions for all traveling
exhibits.
Response: As we stated in our October
2009 proposed rule, AC inspectors need
to know the location and dates of
traveling exhibits in advance of the
travel so that they can conduct
unannounced inspections of the animals
at those sites. Currently, if an exhibitor
has not provided AC with an accurate
itinerary in advance of travel, an
inspector may arrive at a facility only to
find that some or all of the animals are
elsewhere. Additionally, if AC receives
a complaint about an alleged violation
of the regulations and standards by an
exhibitor at a certain location on a
certain date, having a record of the
itineraries will enable us to determine
which exhibitor and which animals
were at the location on that date so that
we can look into the complaint.
Currently, if there is no itinerary on file
for an exhibition at a location and date
cited in a complaint, and the exhibitor
is not identified, APHIS must conduct
an investigation to try to determine
which exhibitor was there, which can be
difficult and time consuming, and
sometimes unsuccessful. We anticipate
that this rule will enable APHIS to make
more efficient use of its personnel.
While we welcome recommendations
from regulated entities on how to ensure
that APHIS has reasonable access, we
consider this rule a reasonable way to
achieve that end.
Issue: Several commenters stated that
the administrative burden on APHIS
could be reduced by applying the
proposed provisions to those exhibitors
who have shown a reason to be of
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Jkt 229001
concern to APHIS and waiving the
requirements for exhibitors who have
demonstrated to APHIS that they
provide their animals with quality care.
One commenter stated that perhaps
APHIS should limit the itinerary
requirements to offsite exhibit of big
cats.
Response: We are making no changes
based on the comments. We do not
expect an undue administrative burden
on APHIS due to this rule. The intent of
this rule is to ensure that APHIS has
access to all regulated animals for
inspections and enforcement activities
at all times. Application of the rule to
selected licensees and registrants could
be construed as arbitrary and capricious
enforcement of the regulations.
Issue: Several commenters
recommended that the proposal be
changed to require automated delivery
of itineraries to APHIS. One commenter
stated that submission of an itinerary by
email would take about 15 minutes and
would address the problem of paper
copies of itineraries becoming outdated
before APHIS receives them.
Response: While we agree that there
are advantages to submitting itineraries
electronically, we are not requiring
submission by that means. Some
persons subject to the Act may not have
access to that technology, especially
while traveling. Because paper copies
will need to arrive at APHIS no later
than 2 days before the scheduled travel,
in the great majority of cases we do not
expect them to be out of date by the
time the travel begins. As noted above,
in those cases where changes need to be
made to itineraries at the last minute,
those changes will need to be submitted
to APHIS in some expedited fashion
(e.g., by phone, facsimile, or email),
followed by a written submission if the
change is not initially in writing.
Issue: One commenter asked how
APHIS intends to inform newly affected
parties of any updates to the regulations.
Response: Exhibitors will be notified
of the regulatory changes in a variety of
ways. All proposed and final rules are
made available to the public in the
Federal Register. Additionally, a press
release will be issued when this rule is
published and an announcement will be
posted to APHIS’ Web site. APHIS
inspectors will also discuss the rule
with licensees and registrants during
inspections of regulated facilities.
Issue: One commenter asked what
types of animals will be covered by this
rule.
Response: This rule applies to all
animals covered by the Act that are
exhibited anywhere other than the
person’s approved site.
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76813
Issue: One commenter questioned
whether the proposed provisions were
within APHIS’ authority.
Response: Section 2151 of the Act
authorizes the Secretary to promulgate
such rules, regulations, and orders as
the Secretary may deem necessary to
govern the humane handling, housing,
care, treatment, and transportation of
certain animals by dealers, exhibitors,
and other regulated entities. Section
2146 of the Act provides that the
Secretary shall, at all reasonable times,
have access to the places of business
and the facilities, animals, and those
records required to be kept pursuant to
the Act. The Secretary has delegated the
responsibility for enforcing the Act to
the APHIS Administrator. This final
rule merely adds more specific
requirements to § 2.126 of the Animal
Welfare Act regulations.
Miscellaneous
In this final rule, we are making
several nonsubstantive editorial changes
to what appeared in the proposed rule.
Instead of making joint references to the
singular and plural as, e.g., ‘‘animal(s),’’
we are using the singular to signify also
the plural. This is consistent with the
style used in the definitions in § 1.1 of
the regulations. In the regulatory text of
this rule, when referring to the AC
Regional Director, we use the term ‘‘AC
Regional Director,’’ which is consistent
with usage elsewhere in the regulations.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, with the changes discussed in this
document.
Executive Orders 12866 and 13563 and
Regulatory Flexibility Act
This final 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.
We have prepared an economic
analysis for this rule. The economic
analysis provides a cost-benefit analysis,
as required by Executive Orders 12866
and 13563, which direct agencies to
assess all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and equity). Executive Order
13563 emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. The
economic analysis also examines the
potential economic effects of this rule
on small entities, as required by the
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76814
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
Regulatory Flexibility Act. The
economic analysis is summarized
below. Copies of the full analysis are
available by contacting the person listed
under FOR FURTHER INFORMATION
CONTACT or on the Regulations.gov Web
site (see ADDRESSES above for
instructions for accessing
Regulations.gov).
APHIS is amending the Animal
Welfare Act (AWA) regulations to
require a person who intends to exhibit
regulated animals at any location other
than the person’s approved site to
submit an itinerary at least 2 days in
advance when travel extends overnight.
In those instances when exhibitors are
offered engagements with less than 2
days’ notice, APHIS will accept
itineraries less than 48 hours in advance
of travel.
The rule will facilitate enforcement of
the AWA regulations for traveling
exhibitors, and thereby help to ensure
the humane handling, housing,
treatment, and transportation of the
animals in their care.
Costs of the rule for exhibitors are
expected to be small. The AC program
has estimated that preparation and
submission of an itinerary takes about
15 minutes. Many traveling animal
exhibitors are already submitting
itineraries in a timely manner in
accordance with existing Agency policy
when a regulated animal is exhibited
away from its approved site for 4 days
or more.
The time required to prepare the
estimated 4,100 itineraries that will be
required because of this rule is expected
to cost the approximately 425 affected
exhibitors a total of $15,375 per year.
Most of the traveling exhibitors
affected by the rule are small entities.
Regardless of size, we do not expect the
exhibitors to be significantly affected.
The rule is expected eliminate costs
APHIS incurs in attempting to inspect
animals that are not at locations where
APHIS expected them to be, and to
reduce some costs associated with
responding to inquiries and complaints
about traveling exhibitors alleged to
have violated Animal Welfare
regulations and standards. Money saved
on these activities can be put toward
inspections and other activities that will
benefit animal welfare.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
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01:38 Dec 29, 2012
Jkt 229001
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 final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. 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 the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), the information collection or
recordkeeping requirements included in
this rule have been approved by the
Office of Management and Budget
(OMB) under OMB control number
0579–0361.
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 rule, please contact Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 851–2908.
List of Subjects in 9 CFR Part 2
Animal welfare, Pets, Reporting and
recordkeeping requirements, Research.
Accordingly, we are amending 9 CFR
part 2 as follows:
PART 2—REGULATIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 7 U.S.C. 2131–2159; 7 CFR
2.22, 2.80, and 371.7.
2. In § 2.126, the section heading is
revised and a new paragraph (c) and
OMB citation at the end of the section
are added to read as follows:
■
§ 2.126 Access and inspection of records
and property; submission of itineraries.
*
*
*
*
*
(c) Any person who is subject to the
Animal Welfare regulations and who
intends to exhibit any animal at any
location other than the person’s
approved site (including, but not
limited to, circuses, traveling
educational exhibits, animal acts, and
petting zoos), except for travel that does
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
not extend overnight, shall submit a
written itinerary to the AC Regional
Director. The itinerary shall be received
by the AC Regional Director no fewer
than 2 days in advance of any travel and
shall contain complete and accurate
information concerning the whereabouts
of any animal intended for exhibition at
any location other than the person’s
approved site. If the exhibitor accepts an
engagement for which travel will begin
with less than 48 hours’ notice, the
exhibitor shall immediately contact the
AC Regional Director in writing with the
required information. APHIS expects
such situations to occur infrequently,
and exhibitors who repeatedly provide
less than 48 hours’ notice will, after
notice by APHIS, be subject to increased
scrutiny under the Act.
(1) The itinerary shall include the
following:
(i) The name of the person who
intends to exhibit the animal and
transport the animal for exhibition
purposes, including any business name
and current Act license or registration
number and, in the event that any
animal is leased, borrowed, loaned, or
under some similar arrangement, the
name of the person who owns such
animal;
(ii) The name, identification number
or identifying characteristics, species
(common or scientific name), sex and
age of each animal; and
(iii) The names, dates, and locations
(with addresses) where the animals will
travel, be housed, and be exhibited,
including all anticipated dates and
locations (with addresses) for any stops
and layovers that allow or require
removal of the animals from the
transport enclosures. Unanticipated
delays of such length shall be reported
to the AC Regional Director the next
APHIS business day. APHIS Regional
offices are available each weekday,
except on Federal holidays, from 8 a.m.
to 5 p.m.
(2) The itinerary shall be revised as
necessary, and the AC Regional Director
shall be notified of any changes. If
initial notification of a change due to an
emergency is made by a means other
than email or facsimile, it shall be
followed by written documentation at
the earliest possible time. For changes
that occur after normal APHIS business
hours, the change shall be conveyed to
the AC Regional Director no later than
the following APHIS business day.
APHIS Regional offices are available
each weekday, except on Federal
holidays, from 8 a.m. to 5 p.m.
(Approved by the Office of Management and
Budget under control number 0579–0361)
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
Done in Washington, DC, this 20th day of
December, 2012.
Rebecca Blue,
Deputy Under Secretary for Marketing and
Regulatory Programs.
[FR Doc. 2012–31417 Filed 12–28–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Parts 2 and 3
[Docket No. APHIS–2006–0159]
RIN 0579–AC69
Handling of Animals; Contingency
Plans
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the Animal
Welfare Act regulations to add
requirements for contingency planning
and training of personnel by research
facilities and by dealers, exhibitors,
intermediate handlers, and carriers. We
are taking this action because we believe
all licensees and registrants should
develop a contingency plan for all
animals regulated under the Animal
Welfare Act in an effort to better prepare
for potential disasters. This action will
heighten the awareness of licensees and
registrants regarding their
responsibilities and help ensure a
timely and appropriate response should
an emergency or disaster occur.
DATES: Effective Date: January 30, 2013.
FOR FURTHER INFORMATION CONTACT: Dr.
Jeanie Lin, Eastern Region Emergency
Programs Manager, Animal Care,
APHIS, 920 Main Campus Drive,
Raleigh NC 27606; (919) 855–7100.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ebenthall on DSK5TPTVN1PROD with
Background
Under the Animal Welfare Act (AWA)
(7 U.S.C. 2131 et seq.), the Secretary of
Agriculture is authorized to promulgate
standards and other requirements
governing the humane handling, care,
treatment, and transportation of certain
animals by dealers, research facilities,
exhibitors, carriers, and intermediate
handlers. Regulations established under
the AWA are contained in the Code of
Federal Regulations (CFR) in 9 CFR
parts 1 and 2, and 9 CFR part 3 contains
standards for the humane handling,
care, treatment, and transportation of
animals covered by the AWA. Currently,
part 3 consists of subparts A through E,
which contain specific standards for
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01:38 Dec 29, 2012
Jkt 229001
dogs and cats, guinea pigs and hamsters,
rabbits, nonhuman primates, and
marine mammals, respectively, and
subpart F, which sets forth general
standards for warmblooded animals not
otherwise specified.
The only requirement for contingency
planning by licensees and registrants in
the regulations has been in § 3.101(b),
which covers water and power supply
requirements at facilities housing
marine mammals. Specifically, this
section requires such facilities to submit
written contingency plans to the Deputy
Administrator of Animal Care (AC)
regarding emergency sources of water
and electric power should primary
sources fail. Among other things, the
plans must include evacuation plans in
the event of a disaster and a description
of backup systems and/or arrangements
for relocating marine mammals
requiring artificially cooled or heated
water.
Following the events experienced
during the 2005 hurricane season, a
Federal document, ‘‘The Federal
Response to Katrina: Lessons Learned,’’
which can be found on the Internet at
https://georgewbushwhitehouse.archives.gov/reports/
katrina-lessons-learned/, was published
that highlighted the need for planning to
minimize the impact of disasters. AC’s
experience indicates that, although
contingency planning would benefit the
health and welfare of animals covered
by the AWA, at least some entities
responsible for regulated animals have
not undertaken such planning. We
believe all licensees and registrants
should be required to develop a
contingency plan for all animals
regulated under the AWA in an effort to
better prepare for potential disasters.
Therefore, on October 23, 2008, we
published in the Federal Register (73
FR 63085–63090, Docket No. APHIS–
2006–0159) a proposal 1 to amend the
AWA regulations to add requirements
for contingency planning and training of
personnel by research facilities and by
dealers, exhibitors, intermediate
handlers, and carriers.
We solicited comments concerning
our proposal for 60 days ending on
December 22, 2008. On December 19,
2008, we published a notice in the
Federal Register (73 FR 77554) that
extended the comment period an
additional 60 days until February 20,
2009. We received 997 comments by
that date. They were from private
citizens, breeders, dealers, animal
welfare organizations, research
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2006-0159.
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Fmt 4700
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76815
facilities, Government agencies,
pharmaceutical companies, universities
and colleges, research associations,
exhibitors, carriers, kennels, and
medical associations. Fifty commenters
supported the rule as it was proposed.
The issues raised by the remaining
commenters are discussed below by
topic.
Many commenters had comments or
questions that were not germane to the
proposed rule, such as asking the
Animal and Plant Health Inspection
Service (APHIS) to end the trade of
exotic animals. We are not addressing
those comments in this final rule
because they are outside of its scope.
Objections to Mandating Contingency
Plans
Many commenters objected to APHIS
mandating contingency plans. One
commenter stated that, since no plan
can be 100 percent successful, it does
not make sense to mandate plans. One
commenter stated that the AWA has
language prohibiting prescribing
methods of research and that the
proposed rule violates this by
prescribing emergency planning
methods.
As stated in the proposed rule, the
events experienced during the 2005
hurricane season highlighted the need
for planning to minimize the impact of
disasters on the health and welfare of all
animals covered by the AWA. The
intent of the proposed rule was to
safeguard the health and welfare of
animals in emergency situations. We
understand that contingency plans may
not be 100 percent successful. However,
we do not agree that plans should not
be mandated because, to promote
animal welfare, entities should be able
to demonstrate a reasonable effort to
address emergency situations. The rule
does not prescribe emergency planning
methods. In addition, we do not
consider a contingency plan to be a
research method.
One commenter suggested that
instead of mandated plans, APHIS
should provide guidance materials,
training videos, or classes, as it would
be cheaper for both APHIS and the
regulated entities.
APHIS plans to provide guidance
materials, which may include videos
and classes. However, this does not
replace a need for contingency plans as
contingency plans are more adaptable to
the unique circumstances of each
licensee and registrant and will
determine what training is needed. In
addition, as facilities have widely
varying needs, allowing licensees and
registrants to determine and implement
their own unique training allows
E:\FR\FM\31DER1.SGM
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Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76809-76815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31417]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 /
Rules and Regulations
[[Page 76809]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 2
[Docket No. APHIS-2006-0023]
RIN 0579-AD03
Submission of Itineraries
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the Animal Welfare Act regulations to include
more specific requirements in the regulations concerning the submission
of itineraries by any person who is subject to the Animal Welfare Act
regulations and who intends to exhibit any animal at any location other
than the person's approved site when travel will extend overnight.
APHIS inspectors need access to animals, facilities, and records for
unannounced inspections when animals are exhibited at a location other
than at a regulated person's approved site to improve compliance with
the regulations and the Animal Welfare Act.
DATES: Effective Date: January 30, 2013.
FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff
Veterinarian, Animal Care, APHIS, 4700 River Road, Unit 84, Riverdale,
MD 20737-1234; (301) 851-3751.
SUPPLEMENTARY INFORMATION:
Background
Executive Summary
I. Purpose of the Regulatory Action
The rule will facilitate enforcement of the Animal Welfare Act
regulations for traveling exhibitors and thereby help to ensure the
humane handling, housing, treatment, and transportation of the animals
in their care.
II. Summary of the Major Provisions of the Regulatory Action in
Question
This rule will require the advance submission of itineraries by any
person who is subject to the Animal Welfare Act regulations and who
intends to exhibit any animal at any location other than the person's
approved site when travel will extend overnight.
III. Costs and Benefits
Costs of the rule for exhibitors are expected to be small. The
estimated time needed to prepare and submit an itinerary once
arrangements have been made is about 15 minutes. Many traveling animal
exhibitors are already submitting itineraries in a timely manner in
accordance with existing Agency policy when a regulated animal is
exhibited away from its approved site for 4 days or more. This rule is
expected to cost the estimated affected 425 exhibitors a total of about
$15,375 per year to prepare and submit itineraries.
The rule is expected to eliminate costs APHIS incurs in attempting
to inspect animals that are not at locations where APHIS expected them
to be, and to reduce some costs associated with responding to inquiries
and complaints about traveling exhibitors alleged to have violated
Animal Welfare Act regulations and standards. Money saved on these
activities can be put toward inspections and other activities that will
benefit animal welfare.
The Final Rule
The Animal Welfare Act (Act) (7 U.S.C. 2131-2159) authorizes the
Secretary of Agriculture to promulgate rules and standards and other
requirements governing the humane handling, housing, care, treatment,
and transportation of certain animals by dealers, exhibitors, and other
regulated entities. The Secretary of Agriculture has delegated the
responsibility for enforcing the Act to the Administrator of the U.S.
Department of Agriculture's Animal and Plant Health Inspection Service
(APHIS). Regulations and standards established under the Act are
contained in title 9 of the Code of Federal Regulations (CFR), parts 1,
2, and 3. The APHIS Animal Care (AC) program ensures compliance with
the Act regulations and standards by conducting unannounced inspections
of premises with regulated animals.
The regulations contained in 9 CFR part 2 establish certain
responsibilities of regulated persons under the Act. These
responsibilities include requirements for the licensing and
registration of dealers, exhibitors, and research facilities, and
standards for veterinary care, identification of animals, and
recordkeeping.
On October 1, 2009, we published in the Federal Register (74 FR
50738-50740, Docket No. APHIS-2006-0023) a proposal \1\ to amend the
regulations to include more specific requirements in the regulations
concerning the submission of itineraries by any person who is subject
to the Act regulations and who intends to exhibit any animal at any
location other than the person's approved site. We proposed to require
that such itineraries be submitted to the AC Regional Director no fewer
than 2 days in advance of any travel.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/#!docketDetail;D=APHIS-2006-0023.
---------------------------------------------------------------------------
We proposed that the itinerary include:
The name and license or registration number under the Act
of the person who will exhibit the animals, and if any animals are
leased, borrowed, loaned, or under some similar arrangement, the name
of the person who owns the animals;
The name, identification number or identifying
characteristics, species (common or scientific name), sex and age of
each animal; and
The names, dates, and locations where the animals will
travel, be housed, and be exhibited, including all anticipated dates
and locations for any stops and layovers.
We proposed to require that the itinerary be revised as necessary
and the AC Regional Director notified of any changes.
We explained that our reason for proposing to require such
itineraries to be submitted no fewer than 2 days before the start of
travel was to ensure that AC inspectors have advance notice of the
locations where animals will be exhibited so that they can make
unannounced inspections to ensure compliance with regulations and
standards for animal welfare.
We solicited comments concerning our proposal for 60 days ending
November 30, 2009. We received 790 comments by that date. They were
from
[[Page 76810]]
animal welfare organizations, exhibitor and trade associations,
exhibitors, and private citizens. We have considered all issues raised
by the commenters and discuss below those issues that were within the
scope of the proposed rule.
A large number of commenters supported the proposed rule as
written. Among the reasons provided for their support, commenters
stated that the proposed provisions would make it easier for APHIS to
monitor adherence to the regulations and that the rule would have
little impact on the majority of exhibitors who already submit
itineraries in a timely manner. One commenter expressed the hope that
the proposed provisions would allow APHIS to ensure that animals are
afforded the minimum space requirements for primary enclosures when not
in actual transport and to better monitor the time animals spend in an
exercise pen or its equivalent.
Issue: Some commenters stated that the proposed rule is unnecessary
because exhibitors already submit itineraries in accordance with a
policy that APHIS implemented in 1997, titled ``Policy 2,'' which
states:
Exhibitors who are in continuous travel status shall update
their itinerary as often as necessary to ensure AC [Animal Care]
knows their whereabouts at all times.
Circuses, petting zoos, and acts with an established route shall
notify AC in advance of departing their home facility and update
travel information as needed.
Exhibitors who take animals from their facilities from time to
time shall notify AC when any animal is gone more than four (4)
consecutive days. Upon request, a licensee shall provide an
itinerary of absences of less than four (4) days.
Providing notification ensures the opportunity for access for an
unannounced inspection, eliminates unnecessary AC visits when a
licensee has been inspected recently, and minimizes resources needed
to locate the exhibitor.
The itinerary should provide the following:
1. Dates away from the home facility.
2. City and State for all stops.
3. Site name or location of all stops.
Similar information must be provided for all periods of ``lay-
over'' while traveling.
Response: Federal regulations are codified in the CFR and carry the
force of law. The regulations that APHIS has promulgated in accordance
with the Act are set forth in 9 CFR parts 1 through 4. Additionally, we
sometimes issue policy statements to provide the guidance to the public
regarding our interpretation of what is necessary for regulated
entities to meet the requirements of the regulations. Policy 2 was
issued for guidance regarding the requirements of the regulations in
Sec. 2.126, which specify that APHIS must have access to regulated
facilities in order to conduct inspections that effectively enforce the
Act. Although regulated entities are subject to the Act no matter where
their animals might be located, the regulations in Sec. 2.126 have not
included specific provisions on what APHIS considers necessary for
effective enforcement of the regulations when animals have temporarily
been moved from an approved site. Although Policy 2 has been useful in
conveying APHIS' intent and expectations in such situations, we
consider it necessary to codify in Sec. 2.126 more specific
responsibilities of a regulated entity.
Issue: A number of commenters stated that if APHIS does replace
Policy 2 with regulations in the CFR, the regulations should be
consistent with Policy 2 in requiring itineraries to be submitted only
if the animals are away from the approved site for 4 days or more.
Commenters stated that exhibitors sometimes take animals offsite for
several short engagements during the same week or even the same day.
Commenters expressed concern that being required to submit an itinerary
for every movement from the approved site would impose a large and
unnecessary paperwork burden on both exhibitors and APHIS. One
commenter recommended that if APHIS concludes there is a need for
additional reporting of offsite engagements, the regulations require
that all exhibitors who move animals offsite for more than 48 hours
notify APHIS of their route, exhibit locations, and anticipated time of
return. One commenter recommended that, instead of requiring reporting
of all travel from an approved site, APHIS require that exhibitors have
on file with APHIS current contact information for the person in charge
of the traveling unit. Another commenter recommended that, instead of
requiring that all travel from a home facility be reported, APHIS
should require that regulated facilities keep in their own records
information identifying the animals taken offsite, the location to
which the animals have been taken, the date and time of travel, and the
date and time when the animals were returned to the facility. The
commenter stated that such information would enable APHIS inspectors to
know the location of animals that are taken from the approved site for
short periods of time.
Response: Based on our experience enforcing the regulations, we
consider 4 days too long a time for APHIS to be unaware of the location
of animals covered by the Act. As we stated in our October 2009
proposed rule, we need to ensure that AC inspectors have advance notice
of the locations where animals will be exhibited so that they can make
unannounced inspections to ensure compliance with regulations and
standards for animal welfare. Knowing which exhibitor showed animals at
a particular location on a particular date will also help AC inspectors
follow up on complaints that APHIS receives about alleged violations of
the regulations and standards by traveling exhibitors. Such complaints
are often received after an exhibitor has left a location, and the
person submitting the complaint often does not know the name of the
exhibitor. However, based on the information supplied by commenters, we
agree that the benefit of APHIS' knowing the location of animals that
are taken offsite for exhibition for less than a day may not be
commensurate with the reporting that would be required under the
proposed provisions. Therefore, in this final rule, we are providing
that the reporting requirement under new Sec. 2.126(c) applies only if
animals are absent from the approved site overnight.
Issue: One commenter stated that if a complaint were filed while an
animal were offsite for less than 4 days, the animal would likely be
returned to its approved site before an inspector could reach the
offsite location.
Response: We are making no changes based on the comment. Complaints
regarding potential violations of the Act are made at various times in
relation to the incident or observation. Some are made several weeks or
months later. In order for APHIS to effectively follow up on any
information received, it is imperative that the Agency know the
location of the licensee or registrant and animals at the time of the
incident or observation that prompted the complaint.
Issue: As noted above, the proposed rule would have required that
itineraries submitted by exhibitors be received by the AC Regional
Director no fewer than 2 days in advance of any travel to another
location for exhibition, regardless of the length of time. A number of
commenters expressed concern that having to give such advance notice
would prohibit some exhibitors from accepting certain engagements and
requested that the regulations provide for situations where 2 days'
notice is not practical. Commenters stated that many requests for
animal exhibits, including those for educational purposes, occur within
2 days of the requested exhibit date and that some requests are
received on the day of the requested exhibition. Conversely, one
commenter recommended that the regulations require that a detailed
itinerary be
[[Page 76811]]
submitted to APHIS no less than 2 months before travel. Another
commenter stated that engagements accepted with little advance notice
may be subject to less careful planning than those scheduled ahead of
time, making it more important for APHIS to ensure that the regulations
and the standards of the Act are met.
Response: We expect that some of the concerns expressed by the
commenters will be addressed by the change we are making to the
proposed provisions that will exempt exhibitors from the submission
requirement if the animals are taken offsite for exhibition and
returned the same day. Movements of animals offsite for exhibition for
longer periods of time requires preparation with regard to logistics
such as housing, security, food, water, employees, and public barriers
and perimeter fences. Such arrangements are typically made well in
advance of travel. AC needs the itineraries before the travel begins to
ensure that inspectors know where the animals will be on specific dates
so that they can make unannounced inspections at the travel sites.
Requiring itineraries to be submitted at least 48 hours in advance will
give AC sufficient notice and will be close enough to the time of
travel for travel plans and logistics to be firm in most instances.
Nevertheless, we recognize the need for some flexibility regarding this
requirement. If an exhibitor does accept an engagement for which travel
will begin with less than 48 hours' notice, the exhibitor must contact
the APHIS AC Regional Director immediately in writing with the
information listed in Sec. 2.126(c). Facsimiles or emails are
acceptable. We expect such notifications on shortened notice to be
infrequent, however, and exhibitors who repeatedly provide less than 48
hours' notice will be subject to increased scrutiny under the Act. We
do not consider it practical to set a specific threshold for what
constitutes ``repeatedly,'' due to the wide range of number of
submissions by exhibitors. Whereas some exhibitors make only several
submissions a year that cover multiple pre-scheduled exhibitions,
others submit more numerous submissions on a job-by-job basis. If APHIS
considers an exhibitor to be submitting itineraries with less than 48
hours' notice with a high frequency, we may monitor the exhibitor more
closely.
Issue: Several commenters stated that the information on
itineraries submitted in a timely fashion frequently becomes outdated
by the time the animals actually begin their travel. Commenters stated
that, due to factors such as illness, behavior, client requests, or
shedding, animals listed on the itinerary sometimes cannot travel.
Additionally, said some commenters, illness or scheduling conflicts may
require that staff members other than those listed on the itinerary
travel with the animals. The commenters expressed concern that having
to report all such last-minute changes to APHIS would become unduly
burdensome for exhibitors.
Response: Although exhibitors are free to submit itineraries well
in advance of intended travel, this rule only requires submission of an
itinerary no less than 2 days before the travel. Although we recognize
that even during that amount of time, it may sometimes become necessary
to change the plans indicated on the itinerary, based on our experience
dealing with the regulated industry, we do not expect such changes to
happen frequently enough that reporting them to APHIS will create an
undue burden on exhibitors. Requirements for notifying APHIS of
itinerary changes are discussed below.
Issue: Some commenters expressed concern that the proposed rule
included a requirement that an itinerary include all anticipated dates
and locations (with addresses) for any stops and layovers, and that the
itinerary be promptly revised, as necessary, to account for any
changes. Commenters stated that it would be unreasonably burdensome on
the exhibitor and APHIS to require notification of every minor
deviation from a previously filed itinerary. One commenter asked
whether APHIS is contemplating requiring specific information regarding
rest stops and meal breaks. Commenters stated that a variety of factors
determine where and when exhibitors stop on the road for animal care
checks and that events that delay or interrupt travel sometimes occur
with little or no advance warning. The commenters gave as examples
problems with weather, mechanical breakdowns, road conditions,
uncooperative animals, and delays from a home facility or stop/layover.
Other factors cited included access to water spigots and adequate
parking. One commenter stated that train travel is sometimes
interrupted due to track or equipment issues or for crew changes, the
filling of water tanks, or to allow other traffic to proceed. During
longer delays, stated the commenter, animals might be offloaded for
exercise and cleaning of railcars.
Response: It is not the intent of this final rule, nor is it the
intent of Policy 2 and Sec. 2.126 of the regulations, to require that
APHIS be advised regarding every minute of a journey. The required
itinerary must indicate where the licensee or registrant and animals
will be on which dates. If there is an anticipated layover of a length
of time sufficient to allow/require removal of the animals from the
transport enclosures, that layover should be indicated on the
itinerary. Unanticipated delays of such length must be reported to the
appropriate APHIS AC Regional Director the next APHIS business day.\2\
---------------------------------------------------------------------------
\2\ APHIS Regional offices are available each weekday, except on
Federal holidays, from 8 a.m. to 5 p.m.
---------------------------------------------------------------------------
Issue: As noted above, the proposed rule included the requirement
that the information on a submitted itinerary be promptly revised to
account for any changes. Several commenters asked what APHIS' intent is
regarding the term ``promptly,'' whether APHIS personnel would be
available to receive notification of changes that occur overnight, and
what process APHIS had in mind for editing an itinerary.
Response: This final rule requires notification of itinerary
changes in written form. Emails and facsimile notifications can be sent
at any hour. We are providing in this final rule that, if initial
notification in an emergency is made other than by email or facsimile,
it must be followed up with written documentation at the earliest
possible time. For changes that occur after normal business hours, the
change must be conveyed to the appropriate APHIS AC Regional Director
no later than the following APHIS business day.\3\
---------------------------------------------------------------------------
\3\ See footnote 2.
---------------------------------------------------------------------------
Issue: A number of commenters expressed concern that if detailed
information about their stops became public knowledge, it could
compromise the safety of animals and caretakers. The commenters stated
that such information could be used by special interest groups to plan
disruptions or conduct acts of violence against exhibitors. Other
commenters stated that having advance notice of an exhibitor's
itinerary would give competitors an advantage in competing for
business. The commenters stated that itineraries should be made
available only to APHIS and its inspectors.
Response: We are cognizant of the concerns of persons subject to
the Act regarding the release of itinerary information. We note,
however, that the type of information required in this rule is already
required in accordance with Policy 2 and Sec. 2.126 of the regulations
and we are not aware of any problems that have been caused by it to
date. Further, a number of licensees and registrants already inform the
public of their exhibit dates and locations through Web sites and other
means. A person
[[Page 76812]]
seeking information submitted to APHIS would need to request such
information under the Freedom of Information Act, which exempts from
release commercial or financial information that is privileged or
confidential.
Issue: One commenter recommended that loans for a stated period of
time between Association of Zoos and Aquariums (AZA) member zoos and
aquariums for exhibit or breeding be exempt from the provisions of the
proposal.
Response: We agree that movements of animals from one zoological
facility to another for the purposes described by the commenter are of
a different nature than the types of movement contemplated by Sec.
2.126(c). Such transfers, which are generally made on a long-term
basis, do not fall under the intent or requirements of this final rule.
When one zoological facility loans an animal to another zoological
facility for purposes such as exhibit or breeding, the facilities
generally enter into a legal agreement that transfers responsibility
for the animal to the recipient facility for the loan period. The
recipient facility is responsibility for meeting the requirements of
the Act with regard to that animal during the duration of the loan
period.
Issue: One commenter stated that there is no need to apply the
regulation as proposed to zoos. The commenter stated that the clear
intent of Policy 2 and Sec. 2.126 of the regulations is to ensure that
true traveling exhibitors such as carnivals, circuses, animal acts,
traveling educational exhibits, and petting zoos are available for
inspection. The commenter stated that because zoos are not traveling
exhibitors, there is no need to apply the proposed requirements to
them.
Response: We agree that zoos are generally not considered traveling
exhibitors. As indicated above, those licensees and registrants who
take animals offsite and return them the same day will not need to
submit an itinerary to APHIS for those movements. However, APHIS needs
to know the location of animals moved from zoos overnight for
exhibition, just as the Agency needs to know the whereabouts of animals
taken offsite overnight for exhibition by other exhibitors. With the
exception discussed above for loans between zoological facilities, the
provisions of Sec. 2.126(c) will apply to zoological facilities, just
as Policy 2 has applied to permanent facilities such as zoos.
Issue: The proposed rule included the requirement that an itinerary
contain the following information:
The name(s) of the person(s) who intends to exhibit the
animal(s) and transport the animal(s) for exhibition purposes,
including any business name(s) and current Act license or registration
number(s) and, in the event that any animal is leased, borrowed,
loaned, or under some similar arrangement, the name of the person who
owns such animal;
The name, identification number or identifying
characteristics, species (common or scientific name), sex and age of
each animal; and
The names, dates, and locations (with addresses) where the
animals will travel, be housed, and be exhibited, including all
anticipated dates and locations (with addresses) for any stops and
layovers.
Several commenters stated the required information is duplicative
of information the exhibitor is already required to file. Several
commenters stated that all animals already must be accompanied by a
valid, current health certification, which indicates the animal's age,
sex, species, and identification number where applicable. One commenter
stated that the proposed requirements would be duplicative of
information the exhibitor already files each year as part of its
license renewal. The commenter stated that the information already
submitted includes a complete list of cities and precise engagement
dates and venues.
Response: We are making no changes based on these comments. This
rule requires information beyond that collected by other programs and
agencies regarding the movement of animals. The information provided in
a health certificate does not encompass all the information required
under Policy 2 and the more specific requirements of Sec. 2.126 of
this rule. Additionally, it is important that this information be
submitted and distributed to our field inspectors in a timely manner.
Having to rely on incomplete information collected by other parties
would not allow efficient and effective use of APHIS resources. We do
not expect that there will be a significant increase in reporting
requirements for exhibitors who already comply with the regulations and
Policy 2. Exhibitors who submit a yearly itinerary that does not change
would not need to submit further itineraries under this rule. However,
any changes to that yearly submission would need to be reported to
APHIS.
Issue: As part of the proposed rule, in accordance with the
requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.),
APHIS provided an estimate of the public reporting burden for the
collection of information that would occur under the provisions of the
proposal. We estimated that the number of respondents who would provide
information to APHIS if the proposed rule were made final would be 300,
and that each respondent would provide an average of 8.66 responses per
year, for a total of approximately 2,600 responses per year. We
estimated that each response would take an average of 0.25 hours to
complete.
One commenter, a representative of the AZA, estimated that because
many AZA-accredited zoos and aquariums conduct offsite outreach
programs at locations such as schools and nursing homes, the AZA's 221
accredited zoos and aquariums alone would make a total of at least
50,000 to 70,000 submissions annually. Another commenter stated that
adjustments to itineraries would require more than 15 minutes each.
Response: Based on comments we received from the public and upon
review of our estimate of potential reporting burden for this rule, we
agree that submissions by permanently based zoological facilities were
underrepresented in our estimate. However, we disagree with the
commenter who estimated that AZA-accredited zoos and aquariums would
submit at least 50,000 to 70,000 itineraries annually. To arrive at
that total, each zoo would need to submit from 225 to 320 itineraries
per year, which we consider unlikely, particularly in light of the
change we are making in this rule that will not require submission of
itineraries for trips that do not extend overnight.
We have revised our estimates of the number of exhibitors who will
be affected by this rule. Our original estimate that 300 exhibitors
would be affected by the rule was based on the number of active
licensees that had inspections at traveling sites. We have increased
that number by 125, based on our estimate that approximately 6 percent
of nontraveling exhibitors may occasionally take animals away from
their facility overnight for exhibition. We further estimate that those
425 exhibitors would provide a total of about 4,100 responses each
year. We derived this number through discussion with AC regional
offices and after looking at the size and histories of traveling
exhibitors. For example, large circuses usually have itineraries
planned a year or more in advance. Some smaller exhibitors may not know
their schedules until a week before a performance. Thus, we estimated
that about 100 of the affected exhibitors would submit itineraries
about twice a year (200 submissions), and that the
[[Page 76813]]
remainder would submit itineraries monthly (3,900 submissions). We
continue to consider our estimate of 0.25 hours per response to be
reasonable. In each case where animals are to be moved, the facility or
promoter would already have arranged the necessary booking and trip
logistics. The 0.25 hours represents the time needed to type or write
out the itinerary and send it by email or facsimile to APHIS.
Issue: Several commenters stated that APHIS did not make clear in
its proposal why the Agency considers the proposed regulations to be
necessary. One commenter requested that APHIS indicate the types of
problems its inspectors are experiencing. One commenter stated that, in
place of the expanded requirements, APHIS should work with regulated
entities to develop methods of ensuring that APHIS maintains reasonable
access to facilities and animals. One commenter questioned why APHIS
has decided to take on the extra burden of requiring itinerary
submissions for all traveling exhibits.
Response: As we stated in our October 2009 proposed rule, AC
inspectors need to know the location and dates of traveling exhibits in
advance of the travel so that they can conduct unannounced inspections
of the animals at those sites. Currently, if an exhibitor has not
provided AC with an accurate itinerary in advance of travel, an
inspector may arrive at a facility only to find that some or all of the
animals are elsewhere. Additionally, if AC receives a complaint about
an alleged violation of the regulations and standards by an exhibitor
at a certain location on a certain date, having a record of the
itineraries will enable us to determine which exhibitor and which
animals were at the location on that date so that we can look into the
complaint. Currently, if there is no itinerary on file for an
exhibition at a location and date cited in a complaint, and the
exhibitor is not identified, APHIS must conduct an investigation to try
to determine which exhibitor was there, which can be difficult and time
consuming, and sometimes unsuccessful. We anticipate that this rule
will enable APHIS to make more efficient use of its personnel. While we
welcome recommendations from regulated entities on how to ensure that
APHIS has reasonable access, we consider this rule a reasonable way to
achieve that end.
Issue: Several commenters stated that the administrative burden on
APHIS could be reduced by applying the proposed provisions to those
exhibitors who have shown a reason to be of concern to APHIS and
waiving the requirements for exhibitors who have demonstrated to APHIS
that they provide their animals with quality care. One commenter stated
that perhaps APHIS should limit the itinerary requirements to offsite
exhibit of big cats.
Response: We are making no changes based on the comments. We do not
expect an undue administrative burden on APHIS due to this rule. The
intent of this rule is to ensure that APHIS has access to all regulated
animals for inspections and enforcement activities at all times.
Application of the rule to selected licensees and registrants could be
construed as arbitrary and capricious enforcement of the regulations.
Issue: Several commenters recommended that the proposal be changed
to require automated delivery of itineraries to APHIS. One commenter
stated that submission of an itinerary by email would take about 15
minutes and would address the problem of paper copies of itineraries
becoming outdated before APHIS receives them.
Response: While we agree that there are advantages to submitting
itineraries electronically, we are not requiring submission by that
means. Some persons subject to the Act may not have access to that
technology, especially while traveling. Because paper copies will need
to arrive at APHIS no later than 2 days before the scheduled travel, in
the great majority of cases we do not expect them to be out of date by
the time the travel begins. As noted above, in those cases where
changes need to be made to itineraries at the last minute, those
changes will need to be submitted to APHIS in some expedited fashion
(e.g., by phone, facsimile, or email), followed by a written submission
if the change is not initially in writing.
Issue: One commenter asked how APHIS intends to inform newly
affected parties of any updates to the regulations.
Response: Exhibitors will be notified of the regulatory changes in
a variety of ways. All proposed and final rules are made available to
the public in the Federal Register. Additionally, a press release will
be issued when this rule is published and an announcement will be
posted to APHIS' Web site. APHIS inspectors will also discuss the rule
with licensees and registrants during inspections of regulated
facilities.
Issue: One commenter asked what types of animals will be covered by
this rule.
Response: This rule applies to all animals covered by the Act that
are exhibited anywhere other than the person's approved site.
Issue: One commenter questioned whether the proposed provisions
were within APHIS' authority.
Response: Section 2151 of the Act authorizes the Secretary to
promulgate such rules, regulations, and orders as the Secretary may
deem necessary to govern the humane handling, housing, care, treatment,
and transportation of certain animals by dealers, exhibitors, and other
regulated entities. Section 2146 of the Act provides that the Secretary
shall, at all reasonable times, have access to the places of business
and the facilities, animals, and those records required to be kept
pursuant to the Act. The Secretary has delegated the responsibility for
enforcing the Act to the APHIS Administrator. This final rule merely
adds more specific requirements to Sec. 2.126 of the Animal Welfare
Act regulations.
Miscellaneous
In this final rule, we are making several nonsubstantive editorial
changes to what appeared in the proposed rule. Instead of making joint
references to the singular and plural as, e.g., ``animal(s),'' we are
using the singular to signify also the plural. This is consistent with
the style used in the definitions in Sec. 1.1 of the regulations. In
the regulatory text of this rule, when referring to the AC Regional
Director, we use the term ``AC Regional Director,'' which is consistent
with usage elsewhere in the regulations.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, with the
changes discussed in this document.
Executive Orders 12866 and 13563 and Regulatory Flexibility Act
This final 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.
We have prepared an economic analysis for this rule. The economic
analysis provides a cost-benefit analysis, as required by Executive
Orders 12866 and 13563, which direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, and equity). Executive Order 13563 emphasizes the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. The economic analysis
also examines the potential economic effects of this rule on small
entities, as required by the
[[Page 76814]]
Regulatory Flexibility Act. The economic analysis is summarized below.
Copies of the full analysis are available by contacting the person
listed under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov
Web site (see ADDRESSES above for instructions for accessing
Regulations.gov).
APHIS is amending the Animal Welfare Act (AWA) regulations to
require a person who intends to exhibit regulated animals at any
location other than the person's approved site to submit an itinerary
at least 2 days in advance when travel extends overnight. In those
instances when exhibitors are offered engagements with less than 2
days' notice, APHIS will accept itineraries less than 48 hours in
advance of travel.
The rule will facilitate enforcement of the AWA regulations for
traveling exhibitors, and thereby help to ensure the humane handling,
housing, treatment, and transportation of the animals in their care.
Costs of the rule for exhibitors are expected to be small. The AC
program has estimated that preparation and submission of an itinerary
takes about 15 minutes. Many traveling animal exhibitors are already
submitting itineraries in a timely manner in accordance with existing
Agency policy when a regulated animal is exhibited away from its
approved site for 4 days or more.
The time required to prepare the estimated 4,100 itineraries that
will be required because of this rule is expected to cost the
approximately 425 affected exhibitors a total of $15,375 per year.
Most of the traveling exhibitors affected by the rule are small
entities. Regardless of size, we do not expect the exhibitors to be
significantly affected.
The rule is expected eliminate costs APHIS incurs in attempting to
inspect animals that are not at locations where APHIS expected them to
be, and to reduce some costs associated with responding to inquiries
and complaints about traveling exhibitors alleged to have violated
Animal Welfare regulations and standards. Money saved on these
activities can be put toward inspections and other activities that will
benefit animal welfare.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
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 the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0361.
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 rule, please contact Mrs. Celeste Sickles,
APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 9 CFR Part 2
Animal welfare, Pets, Reporting and recordkeeping requirements,
Research.
Accordingly, we are amending 9 CFR part 2 as follows:
PART 2--REGULATIONS
0
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.
0
2. In Sec. 2.126, the section heading is revised and a new paragraph
(c) and OMB citation at the end of the section are added to read as
follows:
Sec. 2.126 Access and inspection of records and property; submission
of itineraries.
* * * * *
(c) Any person who is subject to the Animal Welfare regulations and
who intends to exhibit any animal at any location other than the
person's approved site (including, but not limited to, circuses,
traveling educational exhibits, animal acts, and petting zoos), except
for travel that does not extend overnight, shall submit a written
itinerary to the AC Regional Director. The itinerary shall be received
by the AC Regional Director no fewer than 2 days in advance of any
travel and shall contain complete and accurate information concerning
the whereabouts of any animal intended for exhibition at any location
other than the person's approved site. If the exhibitor accepts an
engagement for which travel will begin with less than 48 hours' notice,
the exhibitor shall immediately contact the AC Regional Director in
writing with the required information. APHIS expects such situations to
occur infrequently, and exhibitors who repeatedly provide less than 48
hours' notice will, after notice by APHIS, be subject to increased
scrutiny under the Act.
(1) The itinerary shall include the following:
(i) The name of the person who intends to exhibit the animal and
transport the animal for exhibition purposes, including any business
name and current Act license or registration number and, in the event
that any animal is leased, borrowed, loaned, or under some similar
arrangement, the name of the person who owns such animal;
(ii) The name, identification number or identifying
characteristics, species (common or scientific name), sex and age of
each animal; and
(iii) The names, dates, and locations (with addresses) where the
animals will travel, be housed, and be exhibited, including all
anticipated dates and locations (with addresses) for any stops and
layovers that allow or require removal of the animals from the
transport enclosures. Unanticipated delays of such length shall be
reported to the AC Regional Director the next APHIS business day. APHIS
Regional offices are available each weekday, except on Federal
holidays, from 8 a.m. to 5 p.m.
(2) The itinerary shall be revised as necessary, and the AC
Regional Director shall be notified of any changes. If initial
notification of a change due to an emergency is made by a means other
than email or facsimile, it shall be followed by written documentation
at the earliest possible time. For changes that occur after normal
APHIS business hours, the change shall be conveyed to the AC Regional
Director no later than the following APHIS business day. APHIS Regional
offices are available each weekday, except on Federal holidays, from 8
a.m. to 5 p.m.
(Approved by the Office of Management and Budget under control
number 0579-0361)
[[Page 76815]]
Done in Washington, DC, this 20th day of December, 2012.
Rebecca Blue,
Deputy Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 2012-31417 Filed 12-28-12; 8:45 am]
BILLING CODE 3410-34-P