AWA Research Facility Registration Updates, Reviews, and Reports, 57998-58002 [2020-20512]
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57998
Proposed Rules
Federal Register
Vol. 85, No. 181
Thursday, September 17, 2020
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Parts 2, 3, and 4
[Docket No. APHIS–2019–0001]
RIN 0579–AE54
AWA Research Facility Registration
Updates, Reviews, and Reports
Animal and Plant Health
Inspection Service, Agriculture
Department (USDA).
ACTION: Proposed rule.
AGENCY:
We are proposing to amend
the Animal Welfare Act (AWA)
regulations governing research facilities
by removing duplicative and
unnecessary information requirements.
We would remove the requirement that
registered research facilities update
their registration information every 3
years. We also propose to remove the
requirement for continual, but not less
than annual, review of research animal
use activities and replace it with a
requirement for a complete review at
least every 3 years, and to no longer
require that research facilities request an
inactive status if they no longer use,
handle, or transport AWA covered
animals. In addition, we propose to
clarify the duration of a registration and
conditions for its cancellation, and to no
longer require that the Institutional
Official or Chief Executive Officer sign
the annual report. We would also make
miscellaneous changes to improve
readability. The changes we propose
would reduce duplicative requirements
and administrative burden on research
facilities, maintain research integrity
and oversight, and ensure that research
animals continue to receive humane
care.
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SUMMARY:
We will consider all comments
that we receive on or before November
16, 2020.
ADDRESSES: You may submit comments
by either of the following methods:
DATES:
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• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2019-0001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2019–0001, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2019-0001 or
in our reading room, which is located in
room 1620 of the USDA South Building,
14th Street and Independence Avenue
SW, Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Dr.
Kay Carter-Corker, Director, National
Policy Staff, Animal Care, APHIS, 4700
River Road, Suite 6D–03E, Riverdale,
MD 20737; (301) 851–3748; kay.a.cartercorker@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Welfare Act (AWA
or the Act, 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, exhibitors, operators of auction
sales, research facilities, and carriers
and intermediate handlers. The
Secretary has delegated responsibility
for administering the AWA to the
Administrator of the U.S. Department of
Agriculture’s (USDA’s) Animal and
Plant Health Inspection Service
(APHIS). Within APHIS, the
responsibility for administering the
AWA has been delegated to the Deputy
Administrator for Animal Care.
Definitions, regulations, and standards
established under the AWA are
contained in 9 CFR parts 1, 2, and 3
(referred to below as the regulations).
Part 1 contains definitions for terms
used in parts 2 and 3. Part 2 provides
administrative regulations and sets forth
institutional responsibilities for
regulated parties. Part 3 provides
standards for the humane handling,
care, treatment, and transportation of
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covered animals. Part 4 addresses rules
of practice governing proceedings under
the AWA.
Within 9 CFR part 2, § 2.30 includes
specific registration requirements for
research facilities, including provisions
for updating and changing a registration
status. Section 2.31 lists membership
criteria, requirements, and functions of
the Institutional Animal Care and Use
Committee (IACUC), which is appointed
by the Chief Executive Officer of the
research facility and entrusted with
assessing the research facility’s animal
program, facilities, and procedures.
IACUC requirements include
conducting continual reviews of
research activities involving animals,
but not less than annually. Section
2.36(a) contains requirements for
submitting annual reports to APHIS.
Title II, Section 2034(d) of the 2016
21st Century Cures Act (21CCA) 1
directed the National Institutes of
Health (NIH), in collaboration with the
Food and Drug Administration (FDA)
and the USDA, to review regulations
and policies for the care and use of
laboratory animals and revise them
appropriately to reduce administrative
burden on investigators while
maintaining the integrity and credibility
of research findings and protection of
research animals.
Among its directives, the 21CCA
tasked these Agencies to identify
inconsistent, overlapping, and
unnecessarily duplicative regulations
and policies associated with research
using laboratory animals, and to look for
ways to reduce administrative burden
and simplify the regulations. NIH,
USDA, and FDA formed a Working
Group to collaborate on these tasks.
Group members researched and
analyzed current regulations and
policies, held listening sessions with
stakeholders and organizations, and
issued a Request for Information.2 After
analyzing the research data and the
comments received, the Working Group
issued a report 3 recommending ways to
1 https://www.congress.gov/bill/114th-congress/
house-bill/34/.
2 NIH, Office of Laboratory Animal Welfare,
‘‘Request for Information: Animal Care and Use in
Research,’’ March 2018 (NOT–OD–18–152).
Available at https://grants.nih.gov/grants/guide/
notice-files/NOT-OD-18-152.html.
3 NIH, FDA, and USDA, ‘‘Reducing
Administrative Burden for Researchers: Animal
Care and Use in Research,’’ August 2019. Available
at https://olaw.nih.gov/sites/default/files/21CCA_
final_report.pdf.
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Proposed Rules
reduce the regulatory burden associated
with research activities involving
laboratory animals in several areas,
including registration of research
facilities, institutional reporting, and
reviews of research activities that use
animals. This proposed rule addresses
the recommendations specific to the
USDA AWA regulations.
Proposed Changes to the AWA
Regulations
APHIS is proposing several changes to
9 CFR part 2 to address the reforms
called for in the 21CCA and in
Executive Order 13777, ‘‘Enforcing the
Regulatory Reform Agenda,’’ 4 which
tasks Federal agencies to review
regulations and consider modifying,
streamlining, or repealing those that are
unnecessary or that impose
administrative burdens or excessive
costs on regulated entities. The changes
we propose, detailed below, would
remove or reduce registration, reporting,
and review requirements of activities
involving animals on research facilities
registered under the AWA.
Registration of Research Facilities
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Section 2.30(a)(1) currently requires
that each research facility other than a
Federal research facility register with
the Secretary by completing and filing a
registration form with the Animal Care
(AC) Regional Director 5 for the State in
which the research facility has its
principal place of business. A facility’s
registration must be updated every 3
years by completing and filing a
registration update form provided by the
AC Regional Director. The registration
form includes fields for the registrant’s
name, address, and contact information;
USDA registration certificate numbers
in which the registrant has an interest;
names of partners, officers, and the
institutional official; and a checklist for
the types of animals used at the facility.
USDA instituted the requirement to
update the registration every 3 years to
account for considerable turnover of
research facility executive personnel
and changes to research activities. The
Department also established a procedure
whereby a registrant can be placed in an
4 Published in the Federal Register on March 1,
2017. Available at https://www.federalregister.gov/
documents/2017/03/01/2017-04107/enforcing-theregulatory-reform-agenda.
5 As part of a program reorganization, the AC
Regional Director position has been retired. Duties
and responsibilities formerly under the purview of
the AC Regional Directors are now under the
Deputy Administrator in all 50 States. In a final rule
published May 13, 2020 (85 FR 28772–28799;
Docket No. APHIS–2017–0062) and effective
November 9, 2020, we amended the regulations in
part 2 to remove the term ‘‘AC Regional Director’’
and replace it with ‘‘Deputy Administrator.’’
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inactive status after a period of 2 years
during which no animals have been
used, handled, or transported, and
established a procedure by which a
registrant which ceases to operate as a
research facility, carrier, intermediate
handler, or exhibitor, or which goes out
of business, can request in writing to
have its registration canceled.
We propose to amend § 2.30(a)(1) to
eliminate the requirement to update the
research facility registration every 3
years. We have determined that this
requirement is burdensome and
unnecessarily duplicative because,
under § 2.30(c), facilities are already
required to notify APHIS of any change
in the name, address, or ownership, or
other change in operations affecting its
status as a research facility, within 10
days after making such change.
Research facilities may use APHIS Form
7033-Notification of Change to provide
this information.
Section 2.30(c)(2) provides that a
research facility that has not used,
handled, or transported animals for a
period of at least 2 years, and that
wishes to be placed in an inactive
status, must make a written request to
the AC Regional Director and file an
annual report of its status (active or
inactive).
Each fiscal year, a small number of
research facilities become inactive or are
otherwise no longer subject to
submitting an annual report of animal
use information. We have reviewed the
AWA regulations applicable to such
research facilities that no longer use,
handle, or transport animals covered
under the Act, and determined that the
requirement in § 2.30(c)(2) pertaining to
requesting an inactive status and filing
of an annual report constitutes an
unnecessary and excessive burden to
these facilities. For this reason, we
propose to remove this requirement.
Facilities would no longer be in active
or inactive status, but instead would
either be registered or unregistered. This
change would reduce administrative
burden associated with animal facilities
that no longer use, handle, or transport
animals having to request inactive status
or submit an annual report of animal
use. Under proposed § 2.30(d), detailed
below, an inactive research facility
would have its registration canceled. In
order to resume operation or otherwise
conduct regulated activities in the
future, such a facility would need to
submit a form to reregister at least 10
days prior to using, handling, or
transporting animals.
Paragraph (c)(1) of § 2.30, which
requires research facilities to notify
APHIS of any change in the name,
address, or ownership, or other changes
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57999
in operations affecting its status as a
research facility within 10 days after
making any such change, would remain
as redesignated paragraph (c). We would
modify the paragraph to inform research
facilities that they may use APHIS Form
7033-Notification of Change to provide
the information.
Section 2.30(c)(3) includes provisions
for a research facility to cancel its
registration when going out of business,
ceasing to function as a research facility,
or changing its method of operation so
that it no longer uses or plans to use,
handle, or transport animals. We would
move these provisions to a new
paragraph (d) in § 2.30.
Duration of Registration and Conditions
for Cancellation of a Registration
We would redesignate paragraph (d)
in current § 2.30 as paragraph (e) and
add a new paragraph (d) that clarifies
the duration of a research facility’s
registration and conditions for its
cancellation.
In paragraph (d)(1), we would retain
the current provision that a registration
will be canceled if a research facility
voluntarily requests cancellation, in
writing, to the Deputy Administrator.
We would also retain the provision that
a registration will be canceled if the
research facility notifies the Deputy
Administrator that it has gone out of
business, ceases to function as a
research facility, or has changed its
method of operation so that it no longer
uses, handles, or transports animals,
and does not plan to use, handle, or
transport animals at any time in the
future.
Additionally, we propose to add a
provision in paragraph (d)(2) that the
Deputy Administrator may initiate
cancellation of a research facility’s
registration if there is reason to believe
that it has ceased to function as a
research facility. Before making a
decision to cancel a facility’s
registration on these grounds, the
Deputy Administrator would consider
evidence of business inactivity, which
could include but not be limited to
multiple unsuccessful attempts to
contact the facility by phone or mail, or
no activity at the physical address listed
in the registration. Therefore, we
propose that the Deputy Administrator
may cancel a registration if sufficient
evidence exists that a facility has
changed its method of operation so that
it no longer uses, handles, or transports
animals, and does not plan to use,
handle, or transport animals at any time
in the future, or that otherwise no longer
meets the definition of research facility
in § 1.1.
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We would include in proposed
paragraph (d)(3) the provision that if a
research facility registration has been
canceled but the research facility wishes
to resume operations or otherwise
conduct regulated activities in the
future, the facility is responsible for
submitting an application to reregister at
least 10 days prior to it using, handling,
or transporting animals. There would be
no fees associated with such
reregistration.
IACUC Review of Activities Involving
Animals
Section 2.31 lists the functions,
requirements, and committee
membership criteria for the IACUC.
Each research facility is required to
establish an IACUC, the functions of
which include reviewing and reporting
on the facility’s animal program,
facilities, procedures, and activities
involving animals.
Section 2.31(d) requires the IACUC to
conduct reviews of activities involving
the care and use of research animals and
to determine whether the activities are
in accordance with the AWA
regulations. Under the process detailed
in § 2.31(d), the IACUC conducts
reviews of these activities and notifies
the principal investigators and the
research facility in writing of its
decision to approve or withhold
approval of activities related to the care
and use of animals, or of modifications
required to secure IACUC approval.
Paragraph (d)(5) in § 2.31 requires the
IACUC of each research facility to
conduct continuing reviews of such
activities covered under subchapter A,
Animal Welfare, at appropriate intervals
as determined by the IACUC, but not
less than annually.
We propose to amend § 2.31(d)(5) to
remove the requirement for the IACUC
continuing reviews of activities covered
by subchapter A, but not less than
annually, and replace it with the
requirement for the IACUC to conduct a
complete review of approved activities
at appropriate intervals as determined
by the IACUC, but not less than every
3 years.
The continuing reviews served the
purpose to monitor animal care and use
activities to ensure they are performed
as approved by the IACUC. Changes
sometimes occur during the life cycle of
an approved activity, such as but not
limited to personnel, species, study
objectives, and frequency of sample
collections. The proposed complete
review is intended to thoroughly
examine the current and proposed
animal care and use activities. The
principal investigator would provide the
IACUC with a written description of all
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current and proposed activities that
involve the care and use of animals for
review and approval at the end of the 3or-less-year term. This proposed change
to a complete review does not affect the
IACUC’s authority to conduct such
monitoring when deemed necessary, as
described in § 2.31. The intended goal of
this change is to reduce administrative
burdens on investigators, IACUC
members, attending veterinarians, and
other related facility staff who conduct
research activities involving animals.
The change would result in an activity
involving animals remaining approved
for the interval approved by the IACUC,
not to exceed 3 years, after the IACUC’s
complete review, unless the IACUC
suspends the activity pursuant to
§ 2.31(d)(6). Finally, the change
harmonizes with the NIH requirement
for a complete review of IACUCapproved activities at 3-year intervals
for federally funded research under NIH
oversight 6 and reduces burden by
establishing a consistent review cycle of
the activities involving animals for all
AWA-registered research facilities.
Annual Report
The regulations in § 2.36(a) contain
requirements for submitting annual
reports to APHIS. Each reporting
facility—i.e., that segment of the
research facility, or that department,
agency, or instrumentality of the United
States, that uses or intends to use live
animals in research, tests, experiments,
or for teaching—is required to submit an
annual report to the AC Regional
Director for the State where the facility
is located on or before December 1 of
each calendar year. The annual report
must be signed and certified by the
Chief Executive Officer (CEO) or
Institutional Official (IO) and cover the
previous Federal fiscal year.
We propose to amend § 2.36(a) to
eliminate the requirement for CEO and
IO signatures on the paper version of the
annual report. This guards against
identity theft through written
signatures. It also allows for the facility
representative to electronically submit
the annual report on behalf of the CEO
or IO while maintaining the assurance
requirements regarding the content of
the annual report and practices at the
research facility. A separate signed hard
copy of the annual report would not be
required. We would also modify
6 Public Health Service policy requires
‘‘continuing review of each previously approved,
ongoing activity covered by this Policy at
appropriate intervals as determined by the IACUC,
including a complete review in accordance with
IV.C–4 at least once every three years.’’ Available
at https://olaw.nih.gov/policies-laws/phspolicy.htm.
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§ 2.36(a) to inform registered research
facilities and Federal research facilities
that APHIS Form 7023, 7023A, and
7023B are forms which may be used by
registered research facilities and Federal
research facilities to submit the
information required by § 2.36(b).
Miscellaneous
In parts 2, 3, and 4 of the current
regulations, we propose to make minor
corrections in punctuation and wording
to improve readability. In § 2.38, we
propose to amend paragraph (g)(1) by
correcting punctuation. In paragraphs
(f)(6) and (7) of § 3.111, we propose to
remove extraneous punctuation and
wording. In §§ 4.10 and 4.11, we
propose to add pronouns that are more
inclusive.
Executive Orders 12866, 13563, and
13771 and Regulatory Flexibility Act
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866 and,
therefore, has not been reviewed by the
Office of Management and Budget. This
proposed rule is not an Executive Order
13771 regulatory action because it is not
significant under Executive Order
12866. Further, APHIS considers this
rule to be a deregulatory action under
Executive Order 13771 as the proposed
actions are intended to reduce
duplicative and unnecessary
administrative burden on AWAregistered research facilities while
ensuring the integrity and credibility of
research findings and protection of
research animals.
In accordance with 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this proposed rule
on small entities. Copies of the full
analysis are available by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT or on the
Regulations.gov website (see ADDRESSES
above for instructions for accessing
Regulations.gov).
Based on the information we have,
there is no reason to conclude that
adoption of this proposed rule would
result in any significant economic effect
on a substantial number of small
entities. However, we do not currently
have all of the data necessary for a
comprehensive analysis of the effects of
this proposed rule on small entities.
Therefore, we are inviting comments on
potential effects. In particular, we are
interested in determining the number
and kind of small entities that may
incur benefits or costs from the
implementation of this proposed rule.
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Section 2034(d) of the 21st Century
Cures Act, ‘‘Reducing Administrative
Burden for Researchers: Animal Care
and Use in Research,’’ directed the
Director of National Institutes of Health,
the Secretary of Agriculture, and the
Commissioner of Food and Drugs to
reduce administrative burden on
investigators by identifying and
reducing inconsistent, overlapping, or
duplicative regulations and policies
while ensuring the integrity and
credibility of research findings and
protection of research animals.
Accordingly, APHIS is proposing
changes to §§ 2.30, 2.31, and 2.36 of the
Animal Welfare regulations:
Registration
• Section 2.30(a)(1): Eliminate the
requirement for research facility
registration updates at 3-year intervals;
• Section 2.30(c): Eliminate the
requirement for a research facility to
request being placed on inactive status
if the facility has not used, handled, or
transported animals for a period of at
least 2 years;
• Section 2.30(d): Clarify the duration
of a registration and conditions for
cancellation of a registration;
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IACUC
• Section 2.31(d)(5): Replace
continuing annual reviews of activities
involving animals approved by the
IACUC with reviews and approval by
the IACUC at intervals not exceeding 3
years; and
Annual Report
• Section 2.36(a): Eliminate the
requirement for Chief Executive Officer
and Institutional Official signatures on
the reporting facility annual report.
APHIS has quantified annual savings
for facilities that total approximately
$80,000 from the proposed changes in
§ 2.30(a)(1) and approximately $11,000
from the proposed change in § 2.36(a),
respectively. APHIS also expects that
the proposed changes in § 2.30(c)(2) and
(3) would reduce administrative burden
of certain inactive research facilities.
APHIS conservatively estimates that the
proposed change in § 2.31(d)(5) would
be cost neutral as no quantifiable
information is available to show
expected net cost savings from the
change.
These proposed changes are intended
to reduce administrative burden on
investigators, IACUC members,
attending veterinarians, and other
related facility staff, and would not
affect the Animal Welfare regulations
that ensure humane animal care during
research, testing, experiments, or
teaching. Facilities covered by this
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proposed rule include small entities.
APHIS requests that the public provide
any information that may strengthen
this analysis of expected economic
effects.
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 2 CFR
chapter IV.)
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. It is not intended to
have retroactive effect. The Act provides
administrative procedures which must
be exhausted prior to a judicial
challenge to the provisions of this rule.
Paperwork Reduction Act
This proposed rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). The information collection
activities in this proposed rule are
included under the Office of
Management and Budget (OMB) control
number 0579–0036, which has been
submitted to OMB for approval.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the EGovernment Act
to promote the use of the internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this proposed rule, please contact Mr.
Joseph Moxey, APHIS’ Information
Collection Specialist, at (301) 851–2483.
List of Subjects
9 CFR Part 2
Animal welfare, Pets, Reporting and
recordkeeping requirements, Research.
9 CFR Part 3
Animal welfare, Marine mammals,
Pets, Reporting and recordkeeping
requirements, Research, Transportation.
9 CFR Part 4
Administrative practice and
procedure, Animal welfare.
Accordingly, we propose to amend 9
CFR parts 2, 3, and 4 as follows:
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PART 2—REGULATIONS
1. The authority citation for part 2
continues to read as follows:
■
Authority: 7 U.S.C. 2131–2159; 7 CFR
2.22, 2.80, and 371.7.
2. Section 2.30 is amended as follows:
a. By revising paragraphs (a)(1) and
(c);
■ b. By redesignating paragraph (d) as
paragraph (e);
■ c. By adding a new paragraph (d); and
■ d. By adding a heading for newly
redesignated paragraph (e).
The revisions and additions read as
follows:
■
■
§ 2.30
Registration.
(a) * * *
(1) Each research facility, other than
a Federal research facility, shall register
with the Secretary by completing and
filing a properly executed form which
will be furnished, upon request, by the
Deputy Administrator. The registration
form shall be filed with the Deputy
Administrator. Except as provided in
paragraph (a)(2) of this section, where a
school or department of a university or
college uses or intends to use live
animals for research, tests, experiments,
or teaching, the university or college
rather than the school or department
will be considered the research facility
and will be required to register with the
Secretary. An official who has the legal
authority to bind the parent
organization shall sign the registration
form.
*
*
*
*
*
(c) Notification of change of
operation. A research facility shall
notify the Deputy Administrator by
certified mail of any change in the
name, address, or ownership, or other
change in operations affecting its status
as a research facility, within 10 days
after making such change. The
Notification of Change form (APHIS
Form 7033) may be used to provide the
information.
(d) Duration of a registration and
conditions for cancellation of a
registration. (1) A research facility that
goes out of business or ceases to
function as a research facility, or that
changes its method of operation so that
it no longer uses, handles, or transports
animals, and does not plan to use,
handle, or transport animals at any time
in the future, may have its registration
canceled by making a written request to
the Deputy Administrator.
(2) If the Deputy Administrator has
reason to believe that a research facility
has ceased to function as a research
facility, then the Deputy Administrator
may cancel the registration on its own,
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without a written request from the
research facility.
(3) If a research facility resumes
operation or otherwise wishes to
conduct regulated activities in the
future, the facility is responsible for
submitting a form to reregister at least
10 days prior to it using, handling, or
transporting animals. There are no fees
associated with such reregistration.
(e) Non-interference with APHIS
officials. * * *
■ 3. In § 2.31, paragraph (d)(5) is revised
to read as follows:
*
*
*
*
*
(d) * * *
(5) The IACUC shall conduct
complete reviews of activities covered
by this subchapter at appropriate
intervals as determined by the IACUC,
but not less than every 3 years. The
IACUC shall be provided a written
description of all proposed activities
that involve the care and use of animals
for review and approval at the end of
the term;
*
*
*
*
*
■ 4. In § 2.36, paragraph (a) is revised to
read as follows:
[Amended]
5. In § 2.38, paragraph (g)(1)
introductory text is amended by
removing the period after the word
‘‘acquired’’ and adding a comma in its
place.
■
jbell on DSKJLSW7X2PROD with PROPOSALS
PART 4—RULES OF PRACTICE
GOVERNING PROCEEDINGS UNDER
THE ANIMAL WELFARE ACT
8. The authority citation for part 4
continues to read as follows:
■
Authority: 7 U.S.C. 2149 and 2151; 7 CFR
2.22, 2.80, and 371.7.
§ 4.10
[Amended]
9. In § 4.10, paragraph (a) is amended
by removing the words ‘‘he’’ and ‘‘his’’
and adding the words ‘‘he or she’’ and
‘‘his or her’’ in their places,
respectively.
§ 4.11
[Amended]
10. In § 4.11, paragraph (a)
introductory text is amended by
removing the word ‘‘his’’ and adding the
words ‘‘his or her’’ in its place.
■
Done in Washington, DC, this 9th day of
September 2020.
Mark Davidson,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2020–20512 Filed 9–16–20; 8:45 am]
BILLING CODE 3410–34–P
Annual report.
(a) The reporting facility shall be that
segment of the research facility, or that
department, agency, or instrumentality
of the United States that uses or intends
to use live animals in research, tests,
experiments, or for teaching. Each
reporting facility shall submit an annual
report to the Deputy Administrator on
or before December 1 of each calendar
year. The report shall cover the previous
Federal fiscal year. The Annual Report
of Research Facility (APHIS Form 7023),
Continuation Sheet for Annual Report of
Research Facility (APHIS Form 7023A),
and Annual Report of Research Facility
Column E Explanation (APHIS Form
7023B) are forms which may be used to
submit the information required by
paragraph (b) of this section.
*
*
*
*
*
§ 2.38
[Amended]
7. Section 3.111 is amended in
paragraphs (f)(6) and (7) by removing ‘‘,
which’’.
■
■
§ 2.31 Institutional Animal Care and Use
Committee (IACUC).
§ 2.36
§ 3.111
PART 3—STANDARDS
6. The authority citation for part 3
continues to read as follows:
■
Authority: 7 U.S.C. 2131–2159; 7 CFR
2.22, 2.80, and 371.7.
VerDate Sep<11>2014
16:42 Sep 16, 2020
Jkt 250001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0818; Project
Identifier MCAI–2020–00987–A]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd.
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Pilatus Aircraft Ltd. (Pilatus)
Model PC–24 airplanes. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI identifies the unsafe
condition as electrical harness
installations on PC–24 airplanes that are
not in compliance with the approved
design. This unsafe condition could
lead to wire chafing and potential arcing
or failure of wires having the incorrect
SUMMARY:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
length, possibly resulting in loss of
system redundancy, or generation of
smoke and smell, or loss of power plant
fire protection function. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by November 2,
2020.
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12 140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• For service information identified
in this NPRM, contact Pilatus Aircraft
Ltd., CH–6371, Stans, Switzerland;
telephone: +41 848 24 7 365; email:
techsupport.ch@pilatus-aircraft.com;
internet: https://www.pilatusaircraft.com/. You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call 816–329–4148. It is also available
on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0818.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0818; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
MCAI, any comments received, and
other information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Doug Rudolph, Aerospace Engineer,
FAA, General Aviation & Rotorcraft
Section, International Validation
Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816)
329–4059; fax: (816) 329–4090; email:
doug.rudolph@faa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17SEP1.SGM
17SEP1
Agencies
[Federal Register Volume 85, Number 181 (Thursday, September 17, 2020)]
[Proposed Rules]
[Pages 57998-58002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20512]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 /
Proposed Rules
[[Page 57998]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 2, 3, and 4
[Docket No. APHIS-2019-0001]
RIN 0579-AE54
AWA Research Facility Registration Updates, Reviews, and Reports
AGENCY: Animal and Plant Health Inspection Service, Agriculture
Department (USDA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the Animal Welfare Act (AWA)
regulations governing research facilities by removing duplicative and
unnecessary information requirements. We would remove the requirement
that registered research facilities update their registration
information every 3 years. We also propose to remove the requirement
for continual, but not less than annual, review of research animal use
activities and replace it with a requirement for a complete review at
least every 3 years, and to no longer require that research facilities
request an inactive status if they no longer use, handle, or transport
AWA covered animals. In addition, we propose to clarify the duration of
a registration and conditions for its cancellation, and to no longer
require that the Institutional Official or Chief Executive Officer sign
the annual report. We would also make miscellaneous changes to improve
readability. The changes we propose would reduce duplicative
requirements and administrative burden on research facilities, maintain
research integrity and oversight, and ensure that research animals
continue to receive humane care.
DATES: We will consider all comments that we receive on or before
November 16, 2020.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2019-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2019-0001, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2019-
0001 or in our reading room, which is located in room 1620 of the USDA
South Building, 14th Street and Independence Avenue SW, Washington, DC.
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Dr. Kay Carter-Corker, Director,
National Policy Staff, Animal Care, APHIS, 4700 River Road, Suite 6D-
03E, Riverdale, MD 20737; (301) 851-3748; [email protected].
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Welfare Act (AWA or the Act, 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,
exhibitors, operators of auction sales, research facilities, and
carriers and intermediate handlers. The Secretary has delegated
responsibility for administering the AWA to the Administrator of the
U.S. Department of Agriculture's (USDA's) Animal and Plant Health
Inspection Service (APHIS). Within APHIS, the responsibility for
administering the AWA has been delegated to the Deputy Administrator
for Animal Care. Definitions, regulations, and standards established
under the AWA are contained in 9 CFR parts 1, 2, and 3 (referred to
below as the regulations). Part 1 contains definitions for terms used
in parts 2 and 3. Part 2 provides administrative regulations and sets
forth institutional responsibilities for regulated parties. Part 3
provides standards for the humane handling, care, treatment, and
transportation of covered animals. Part 4 addresses rules of practice
governing proceedings under the AWA.
Within 9 CFR part 2, Sec. 2.30 includes specific registration
requirements for research facilities, including provisions for updating
and changing a registration status. Section 2.31 lists membership
criteria, requirements, and functions of the Institutional Animal Care
and Use Committee (IACUC), which is appointed by the Chief Executive
Officer of the research facility and entrusted with assessing the
research facility's animal program, facilities, and procedures. IACUC
requirements include conducting continual reviews of research
activities involving animals, but not less than annually. Section
2.36(a) contains requirements for submitting annual reports to APHIS.
Title II, Section 2034(d) of the 2016 21st Century Cures Act
(21CCA) \1\ directed the National Institutes of Health (NIH), in
collaboration with the Food and Drug Administration (FDA) and the USDA,
to review regulations and policies for the care and use of laboratory
animals and revise them appropriately to reduce administrative burden
on investigators while maintaining the integrity and credibility of
research findings and protection of research animals.
---------------------------------------------------------------------------
\1\ https://www.congress.gov/bill/114th-congress/house-bill/34/.
---------------------------------------------------------------------------
Among its directives, the 21CCA tasked these Agencies to identify
inconsistent, overlapping, and unnecessarily duplicative regulations
and policies associated with research using laboratory animals, and to
look for ways to reduce administrative burden and simplify the
regulations. NIH, USDA, and FDA formed a Working Group to collaborate
on these tasks. Group members researched and analyzed current
regulations and policies, held listening sessions with stakeholders and
organizations, and issued a Request for Information.\2\ After analyzing
the research data and the comments received, the Working Group issued a
report \3\ recommending ways to
[[Page 57999]]
reduce the regulatory burden associated with research activities
involving laboratory animals in several areas, including registration
of research facilities, institutional reporting, and reviews of
research activities that use animals. This proposed rule addresses the
recommendations specific to the USDA AWA regulations.
---------------------------------------------------------------------------
\2\ NIH, Office of Laboratory Animal Welfare, ``Request for
Information: Animal Care and Use in Research,'' March 2018 (NOT-OD-
18-152). Available at https://grants.nih.gov/grants/guide/notice-files/NOT-OD-18-152.html.
\3\ NIH, FDA, and USDA, ``Reducing Administrative Burden for
Researchers: Animal Care and Use in Research,'' August 2019.
Available at https://olaw.nih.gov/sites/default/files/21CCA_final_report.pdf.
---------------------------------------------------------------------------
Proposed Changes to the AWA Regulations
APHIS is proposing several changes to 9 CFR part 2 to address the
reforms called for in the 21CCA and in Executive Order 13777,
``Enforcing the Regulatory Reform Agenda,'' \4\ which tasks Federal
agencies to review regulations and consider modifying, streamlining, or
repealing those that are unnecessary or that impose administrative
burdens or excessive costs on regulated entities. The changes we
propose, detailed below, would remove or reduce registration,
reporting, and review requirements of activities involving animals on
research facilities registered under the AWA.
---------------------------------------------------------------------------
\4\ Published in the Federal Register on March 1, 2017.
Available at https://www.federalregister.gov/documents/2017/03/01/2017-04107/enforcing-the-regulatory-reform-agenda.
---------------------------------------------------------------------------
Registration of Research Facilities
Section 2.30(a)(1) currently requires that each research facility
other than a Federal research facility register with the Secretary by
completing and filing a registration form with the Animal Care (AC)
Regional Director \5\ for the State in which the research facility has
its principal place of business. A facility's registration must be
updated every 3 years by completing and filing a registration update
form provided by the AC Regional Director. The registration form
includes fields for the registrant's name, address, and contact
information; USDA registration certificate numbers in which the
registrant has an interest; names of partners, officers, and the
institutional official; and a checklist for the types of animals used
at the facility. USDA instituted the requirement to update the
registration every 3 years to account for considerable turnover of
research facility executive personnel and changes to research
activities. The Department also established a procedure whereby a
registrant can be placed in an inactive status after a period of 2
years during which no animals have been used, handled, or transported,
and established a procedure by which a registrant which ceases to
operate as a research facility, carrier, intermediate handler, or
exhibitor, or which goes out of business, can request in writing to
have its registration canceled.
---------------------------------------------------------------------------
\5\ As part of a program reorganization, the AC Regional
Director position has been retired. Duties and responsibilities
formerly under the purview of the AC Regional Directors are now
under the Deputy Administrator in all 50 States. In a final rule
published May 13, 2020 (85 FR 28772-28799; Docket No. APHIS-2017-
0062) and effective November 9, 2020, we amended the regulations in
part 2 to remove the term ``AC Regional Director'' and replace it
with ``Deputy Administrator.''
---------------------------------------------------------------------------
We propose to amend Sec. 2.30(a)(1) to eliminate the requirement
to update the research facility registration every 3 years. We have
determined that this requirement is burdensome and unnecessarily
duplicative because, under Sec. 2.30(c), facilities are already
required to notify APHIS of any change in the name, address, or
ownership, or other change in operations affecting its status as a
research facility, within 10 days after making such change. Research
facilities may use APHIS Form 7033-Notification of Change to provide
this information.
Section 2.30(c)(2) provides that a research facility that has not
used, handled, or transported animals for a period of at least 2 years,
and that wishes to be placed in an inactive status, must make a written
request to the AC Regional Director and file an annual report of its
status (active or inactive).
Each fiscal year, a small number of research facilities become
inactive or are otherwise no longer subject to submitting an annual
report of animal use information. We have reviewed the AWA regulations
applicable to such research facilities that no longer use, handle, or
transport animals covered under the Act, and determined that the
requirement in Sec. 2.30(c)(2) pertaining to requesting an inactive
status and filing of an annual report constitutes an unnecessary and
excessive burden to these facilities. For this reason, we propose to
remove this requirement. Facilities would no longer be in active or
inactive status, but instead would either be registered or
unregistered. This change would reduce administrative burden associated
with animal facilities that no longer use, handle, or transport animals
having to request inactive status or submit an annual report of animal
use. Under proposed Sec. 2.30(d), detailed below, an inactive research
facility would have its registration canceled. In order to resume
operation or otherwise conduct regulated activities in the future, such
a facility would need to submit a form to reregister at least 10 days
prior to using, handling, or transporting animals.
Paragraph (c)(1) of Sec. 2.30, which requires research facilities
to notify APHIS of any change in the name, address, or ownership, or
other changes in operations affecting its status as a research facility
within 10 days after making any such change, would remain as
redesignated paragraph (c). We would modify the paragraph to inform
research facilities that they may use APHIS Form 7033-Notification of
Change to provide the information.
Section 2.30(c)(3) includes provisions for a research facility to
cancel its registration when going out of business, ceasing to function
as a research facility, or changing its method of operation so that it
no longer uses or plans to use, handle, or transport animals. We would
move these provisions to a new paragraph (d) in Sec. 2.30.
Duration of Registration and Conditions for Cancellation of a
Registration
We would redesignate paragraph (d) in current Sec. 2.30 as
paragraph (e) and add a new paragraph (d) that clarifies the duration
of a research facility's registration and conditions for its
cancellation.
In paragraph (d)(1), we would retain the current provision that a
registration will be canceled if a research facility voluntarily
requests cancellation, in writing, to the Deputy Administrator. We
would also retain the provision that a registration will be canceled if
the research facility notifies the Deputy Administrator that it has
gone out of business, ceases to function as a research facility, or has
changed its method of operation so that it no longer uses, handles, or
transports animals, and does not plan to use, handle, or transport
animals at any time in the future.
Additionally, we propose to add a provision in paragraph (d)(2)
that the Deputy Administrator may initiate cancellation of a research
facility's registration if there is reason to believe that it has
ceased to function as a research facility. Before making a decision to
cancel a facility's registration on these grounds, the Deputy
Administrator would consider evidence of business inactivity, which
could include but not be limited to multiple unsuccessful attempts to
contact the facility by phone or mail, or no activity at the physical
address listed in the registration. Therefore, we propose that the
Deputy Administrator may cancel a registration if sufficient evidence
exists that a facility has changed its method of operation so that it
no longer uses, handles, or transports animals, and does not plan to
use, handle, or transport animals at any time in the future, or that
otherwise no longer meets the definition of research facility in Sec.
1.1.
[[Page 58000]]
We would include in proposed paragraph (d)(3) the provision that if
a research facility registration has been canceled but the research
facility wishes to resume operations or otherwise conduct regulated
activities in the future, the facility is responsible for submitting an
application to reregister at least 10 days prior to it using, handling,
or transporting animals. There would be no fees associated with such
reregistration.
IACUC Review of Activities Involving Animals
Section 2.31 lists the functions, requirements, and committee
membership criteria for the IACUC. Each research facility is required
to establish an IACUC, the functions of which include reviewing and
reporting on the facility's animal program, facilities, procedures, and
activities involving animals.
Section 2.31(d) requires the IACUC to conduct reviews of activities
involving the care and use of research animals and to determine whether
the activities are in accordance with the AWA regulations. Under the
process detailed in Sec. 2.31(d), the IACUC conducts reviews of these
activities and notifies the principal investigators and the research
facility in writing of its decision to approve or withhold approval of
activities related to the care and use of animals, or of modifications
required to secure IACUC approval. Paragraph (d)(5) in Sec. 2.31
requires the IACUC of each research facility to conduct continuing
reviews of such activities covered under subchapter A, Animal Welfare,
at appropriate intervals as determined by the IACUC, but not less than
annually.
We propose to amend Sec. 2.31(d)(5) to remove the requirement for
the IACUC continuing reviews of activities covered by subchapter A, but
not less than annually, and replace it with the requirement for the
IACUC to conduct a complete review of approved activities at
appropriate intervals as determined by the IACUC, but not less than
every 3 years.
The continuing reviews served the purpose to monitor animal care
and use activities to ensure they are performed as approved by the
IACUC. Changes sometimes occur during the life cycle of an approved
activity, such as but not limited to personnel, species, study
objectives, and frequency of sample collections. The proposed complete
review is intended to thoroughly examine the current and proposed
animal care and use activities. The principal investigator would
provide the IACUC with a written description of all current and
proposed activities that involve the care and use of animals for review
and approval at the end of the 3-or-less-year term. This proposed
change to a complete review does not affect the IACUC's authority to
conduct such monitoring when deemed necessary, as described in Sec.
2.31. The intended goal of this change is to reduce administrative
burdens on investigators, IACUC members, attending veterinarians, and
other related facility staff who conduct research activities involving
animals. The change would result in an activity involving animals
remaining approved for the interval approved by the IACUC, not to
exceed 3 years, after the IACUC's complete review, unless the IACUC
suspends the activity pursuant to Sec. 2.31(d)(6). Finally, the change
harmonizes with the NIH requirement for a complete review of IACUC-
approved activities at 3-year intervals for federally funded research
under NIH oversight \6\ and reduces burden by establishing a consistent
review cycle of the activities involving animals for all AWA-registered
research facilities.
---------------------------------------------------------------------------
\6\ Public Health Service policy requires ``continuing review of
each previously approved, ongoing activity covered by this Policy at
appropriate intervals as determined by the IACUC, including a
complete review in accordance with IV.C-4 at least once every three
years.'' Available at https://olaw.nih.gov/policies-laws/phs-policy.htm.
---------------------------------------------------------------------------
Annual Report
The regulations in Sec. 2.36(a) contain requirements for
submitting annual reports to APHIS. Each reporting facility--i.e., that
segment of the research facility, or that department, agency, or
instrumentality of the United States, that uses or intends to use live
animals in research, tests, experiments, or for teaching--is required
to submit an annual report to the AC Regional Director for the State
where the facility is located on or before December 1 of each calendar
year. The annual report must be signed and certified by the Chief
Executive Officer (CEO) or Institutional Official (IO) and cover the
previous Federal fiscal year.
We propose to amend Sec. 2.36(a) to eliminate the requirement for
CEO and IO signatures on the paper version of the annual report. This
guards against identity theft through written signatures. It also
allows for the facility representative to electronically submit the
annual report on behalf of the CEO or IO while maintaining the
assurance requirements regarding the content of the annual report and
practices at the research facility. A separate signed hard copy of the
annual report would not be required. We would also modify Sec. 2.36(a)
to inform registered research facilities and Federal research
facilities that APHIS Form 7023, 7023A, and 7023B are forms which may
be used by registered research facilities and Federal research
facilities to submit the information required by Sec. 2.36(b).
Miscellaneous
In parts 2, 3, and 4 of the current regulations, we propose to make
minor corrections in punctuation and wording to improve readability. In
Sec. 2.38, we propose to amend paragraph (g)(1) by correcting
punctuation. In paragraphs (f)(6) and (7) of Sec. 3.111, we propose to
remove extraneous punctuation and wording. In Sec. Sec. 4.10 and 4.11,
we propose to add pronouns that are more inclusive.
Executive Orders 12866, 13563, and 13771 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget. This proposed rule is
not an Executive Order 13771 regulatory action because it is not
significant under Executive Order 12866. Further, APHIS considers this
rule to be a deregulatory action under Executive Order 13771 as the
proposed actions are intended to reduce duplicative and unnecessary
administrative burden on AWA-registered research facilities while
ensuring the integrity and credibility of research findings and
protection of research animals.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this proposed rule on small entities. Copies of
the full analysis are available by contacting the person listed under
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov website (see
ADDRESSES above for instructions for accessing Regulations.gov).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
[[Page 58001]]
Section 2034(d) of the 21st Century Cures Act, ``Reducing
Administrative Burden for Researchers: Animal Care and Use in
Research,'' directed the Director of National Institutes of Health, the
Secretary of Agriculture, and the Commissioner of Food and Drugs to
reduce administrative burden on investigators by identifying and
reducing inconsistent, overlapping, or duplicative regulations and
policies while ensuring the integrity and credibility of research
findings and protection of research animals.
Accordingly, APHIS is proposing changes to Sec. Sec. 2.30, 2.31,
and 2.36 of the Animal Welfare regulations:
Registration
Section 2.30(a)(1): Eliminate the requirement for research
facility registration updates at 3-year intervals;
Section 2.30(c): Eliminate the requirement for a research
facility to request being placed on inactive status if the facility has
not used, handled, or transported animals for a period of at least 2
years;
Section 2.30(d): Clarify the duration of a registration
and conditions for cancellation of a registration;
IACUC
Section 2.31(d)(5): Replace continuing annual reviews of
activities involving animals approved by the IACUC with reviews and
approval by the IACUC at intervals not exceeding 3 years; and
Annual Report
Section 2.36(a): Eliminate the requirement for Chief
Executive Officer and Institutional Official signatures on the
reporting facility annual report.
APHIS has quantified annual savings for facilities that total
approximately $80,000 from the proposed changes in Sec. 2.30(a)(1) and
approximately $11,000 from the proposed change in Sec. 2.36(a),
respectively. APHIS also expects that the proposed changes in Sec.
2.30(c)(2) and (3) would reduce administrative burden of certain
inactive research facilities. APHIS conservatively estimates that the
proposed change in Sec. 2.31(d)(5) would be cost neutral as no
quantifiable information is available to show expected net cost savings
from the change.
These proposed changes are intended to reduce administrative burden
on investigators, IACUC members, attending veterinarians, and other
related facility staff, and would not affect the Animal Welfare
regulations that ensure humane animal care during research, testing,
experiments, or teaching. Facilities covered by this proposed rule
include small entities. APHIS requests that the public provide any
information that may strengthen this analysis of expected economic
effects.
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 2 CFR chapter IV.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
The Act provides administrative procedures which must be exhausted
prior to a judicial challenge to the provisions of this rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The information collection activities in this
proposed rule are included under the Office of Management and Budget
(OMB) control number 0579-0036, which has been submitted to OMB for
approval.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the EGovernment Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mr. Joseph
Moxey, APHIS' Information Collection Specialist, at (301) 851-2483.
List of Subjects
9 CFR Part 2
Animal welfare, Pets, Reporting and recordkeeping requirements,
Research.
9 CFR Part 3
Animal welfare, Marine mammals, Pets, Reporting and recordkeeping
requirements, Research, Transportation.
9 CFR Part 4
Administrative practice and procedure, Animal welfare.
Accordingly, we propose to amend 9 CFR parts 2, 3, and 4 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. Section 2.30 is amended as follows:
0
a. By revising paragraphs (a)(1) and (c);
0
b. By redesignating paragraph (d) as paragraph (e);
0
c. By adding a new paragraph (d); and
0
d. By adding a heading for newly redesignated paragraph (e).
The revisions and additions read as follows:
Sec. 2.30 Registration.
(a) * * *
(1) Each research facility, other than a Federal research facility,
shall register with the Secretary by completing and filing a properly
executed form which will be furnished, upon request, by the Deputy
Administrator. The registration form shall be filed with the Deputy
Administrator. Except as provided in paragraph (a)(2) of this section,
where a school or department of a university or college uses or intends
to use live animals for research, tests, experiments, or teaching, the
university or college rather than the school or department will be
considered the research facility and will be required to register with
the Secretary. An official who has the legal authority to bind the
parent organization shall sign the registration form.
* * * * *
(c) Notification of change of operation. A research facility shall
notify the Deputy Administrator by certified mail of any change in the
name, address, or ownership, or other change in operations affecting
its status as a research facility, within 10 days after making such
change. The Notification of Change form (APHIS Form 7033) may be used
to provide the information.
(d) Duration of a registration and conditions for cancellation of a
registration. (1) A research facility that goes out of business or
ceases to function as a research facility, or that changes its method
of operation so that it no longer uses, handles, or transports animals,
and does not plan to use, handle, or transport animals at any time in
the future, may have its registration canceled by making a written
request to the Deputy Administrator.
(2) If the Deputy Administrator has reason to believe that a
research facility has ceased to function as a research facility, then
the Deputy Administrator may cancel the registration on its own,
[[Page 58002]]
without a written request from the research facility.
(3) If a research facility resumes operation or otherwise wishes to
conduct regulated activities in the future, the facility is responsible
for submitting a form to reregister at least 10 days prior to it using,
handling, or transporting animals. There are no fees associated with
such reregistration.
(e) Non-interference with APHIS officials. * * *
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3. In Sec. 2.31, paragraph (d)(5) is revised to read as follows:
Sec. 2.31 Institutional Animal Care and Use Committee (IACUC).
* * * * *
(d) * * *
(5) The IACUC shall conduct complete reviews of activities covered
by this subchapter at appropriate intervals as determined by the IACUC,
but not less than every 3 years. The IACUC shall be provided a written
description of all proposed activities that involve the care and use of
animals for review and approval at the end of the term;
* * * * *
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4. In Sec. 2.36, paragraph (a) is revised to read as follows:
Sec. 2.36 Annual report.
(a) The reporting facility shall be that segment of the research
facility, or that department, agency, or instrumentality of the United
States that uses or intends to use live animals in research, tests,
experiments, or for teaching. Each reporting facility shall submit an
annual report to the Deputy Administrator on or before December 1 of
each calendar year. The report shall cover the previous Federal fiscal
year. The Annual Report of Research Facility (APHIS Form 7023),
Continuation Sheet for Annual Report of Research Facility (APHIS Form
7023A), and Annual Report of Research Facility Column E Explanation
(APHIS Form 7023B) are forms which may be used to submit the
information required by paragraph (b) of this section.
* * * * *
Sec. 2.38 [Amended]
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5. In Sec. 2.38, paragraph (g)(1) introductory text is amended by
removing the period after the word ``acquired'' and adding a comma in
its place.
PART 3--STANDARDS
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6. The authority citation for part 3 continues to read as follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
Sec. 3.111 [Amended]
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7. Section 3.111 is amended in paragraphs (f)(6) and (7) by removing
``, which''.
PART 4--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE ANIMAL
WELFARE ACT
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8. The authority citation for part 4 continues to read as follows:
Authority: 7 U.S.C. 2149 and 2151; 7 CFR 2.22, 2.80, and 371.7.
Sec. 4.10 [Amended]
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9. In Sec. 4.10, paragraph (a) is amended by removing the words ``he''
and ``his'' and adding the words ``he or she'' and ``his or her'' in
their places, respectively.
Sec. 4.11 [Amended]
0
10. In Sec. 4.11, paragraph (a) introductory text is amended by
removing the word ``his'' and adding the words ``his or her'' in its
place.
Done in Washington, DC, this 9th day of September 2020.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-20512 Filed 9-16-20; 8:45 am]
BILLING CODE 3410-34-P