[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Proposed Rules]
[Page 26344-26349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my08-19]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 2
[Docket No. APHIS-2006-0024]
RIN 0579-AC14
Minimum Age Requirements for the Transport of Animals
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We propose to amend the Animal Welfare Act regulations by
adding minimum age requirements for the transport in commerce of
animals. The regulations currently contain such requirements for dogs
and cats, but no corresponding ones for other regulated animals,
despite the risks associated with the early transport of these species.
We also propose to amend the regulations to allow, provided certain
conditions are met, for animals to be transported without their mothers
for medical treatment and for scientific research before reaching the
minimum age and weaning requirement. Establishing minimum age
requirements for the transport in commerce of animals and providing for
the transport of animals that have not met the minimum age requirements
are necessary to help ensure the humane treatment of these animals.
DATES: We will consider all comments that we receive on or before July
8, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0024 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2006-0024, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2006-0024.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in Room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale,
MD 20737-1231; (301) 734-7833.
SUPPLEMENTARY INFORMATION:
Background
The Animal Welfare Act (the Act) (7 U.S.C. 2131 et seq.) authorizes
the Secretary of Agriculture to promulgate standards and other
requirements governing the humane handling, care, treatment, and
transportation of certain animals by dealers, research facilities,
exhibitors, carriers, and intermediate handlers. The Secretary of
Agriculture has delegated the responsibility of enforcing the Act to
the Administrator of the Animal and Plant Health Inspection Service
(APHIS). The regulations established under the Act are contained in
title 9 of the Code of Federal Regulations (9 CFR), chapter I,
subchapter A, parts 1, 2, and 3. The regulations in 9 CFR part 2
pertain to the safe and humane handling of animals.
Section 2.130 sets forth minimum age requirements for dogs and cats
to be transported in commerce. Under Sec. 2.130, dogs and cats cannot
be transported in commerce or delivered by any person unless they are 8
weeks of age and have been weaned, except if transported to a
registered research facility. Currently, no such requirements exist for
other regulated animals. It is our position that all animals should be
afforded the same protections as provided for dogs and cats. We are
currently developing standards for birds in a separate proposed rule;
therefore, birds were not considered during the development of the
proposed minimum age requirements in this rule.
[[Page 26345]]
APHIS is proposing this rule to safeguard the welfare and well-
being of regulated animals and to protect those not yet safeguarded
from possible stress, distress, pain, suffering and/or death during the
transport process. APHIS currently requires that all domestic dogs and
cats transported for regulated purposes be at least 8 weeks of age and
weaned prior to transport. These same protections should be afforded
all regulated species.
Longstanding experience and general veterinary medical experience
and knowledge support the conclusion that shipping young animals
increases the risk of illness and death in these animals. Unweaned
animals and animals of many species under the age of 8 weeks are
generally not yet able to eat and drink independently of their mothers
and have an increased need for maternal or human intervention to
provide nourishment and water frequently. By 8 weeks of age, most
animals are able to digest solid foods and are no longer dependent on
their mothers as their sole source of nutrition. The young of social
species such as nonhuman primates need physical and social interactions
for proper development, and a loss of role models and companionship
from an animal of the same species can lead to lifetime behavioral and
social problems.
Review of past enforcement issues with the transport of young
animals involve a wide variety of issues. While we can attribute
certain injuries, illnesses, or deaths of some young animals to being
transported before they were weaned and/or 8 weeks of age, it is
difficult to determine exactly how many such incidents have occurred
because there is currently no age restriction for transport. As such,
the age of the animals involved is not always documented. In addition,
incidents resulting in injury, illness, or death of young, unweaned
animals may be underreported, as many may involve noncommercial
transport agents and vehicles.
Based on acknowledged animal care principles and physiology of
infant and juvenile animals, any transport totaling more than 2 hours,
especially if the animal is unweaned and not observed or handled during
that time, would be stressful and possibly distressful because young
animals need to be fed and may not be able to adequately control their
body temperature. The risk of illness or death of the animal may
increase if the animals are delayed from reaching their destinations on
flights or ground transportation systems that are delayed.
In addition, it is in the animal's best interest and welfare to be
provided with consistent care during the critical period from birth to
weaning by responsible, knowledgeable, and experienced people.
Providing animals that are only a day or weeks old and/or unweaned to
unqualified persons could result in the death of the animal in many
instances. While it is beyond the scope of APHIS' regulatory authority
to address the issue of private owner competence, providing a weaned
and older animal reduces the risks of serious complications that could
otherwise occur with an animal that is unweaned and/or under the age of
8 weeks.
Therefore, we believe that it is necessary to amend the regulations
to provide that animals under the age of 8 weeks and unweaned, not
transported in the same enclosure as their mothers, may not be
transported in commerce unless it is medically necessary for the health
of the animal or the animal is destined for a registered research
facility and needs to be acquired at this age to satisfy a specific
research protocol approved by Institutional Animal Care and Use
Committees (IACUC). While we are proposing to use 8 weeks as the
minimum age standard in this document, we recognize that some species
are naturally weaned at an earlier age. We welcome any comments or
suggestions regarding particular species or circumstances in which it
might be appropriate to have a minimum age requirement greater or less
than 8 weeks.
We propose to amend Sec. 2.130 by adding a new paragraph (a) to
specify that no animal, other then birds, be delivered by any person to
any carrier or intermediate handler for transportation in commerce, or
be transported in commerce by any person unless the animal is with its
mother or has been weaned and is at least 8 weeks of age.
We recognize that situations may arise which require the transport
of underage and/or unweaned animals and would provide the licensee or
registrant with some flexibility. To accomplish this, we propose to add
a new paragraph (b) to provide an exception for animals that are less
than 8 weeks of age and/or unweaned, to be transported to registered
research facilities for use in specific IACUC-approved research
protocols, provided a transportation plan is submitted to and approved
by the appropriate Animal Care regional office. The transportation plan
would have to be signed by the attending veterinarian and head of the
animal caregiving staff and outline the reason for the transport
(including the IACUC-approved protocol involved, if applicable),
transportation specifics (including, but not limited to, dates,
destination, intermediate carrier or handler to be used, mode of
transportation, and enclosure size and design), food and water
arrangements, attendants and/or monitoring plan, contact provisions in
case of medical or other care needs, and, for nonhuman primates, how
the special needs of the infant will be met during transportation. Our
proposed rule would also allow for one transportation plan to be
submitted for multiple animals being transported from one facility if
the plan can show that the needs of all of the animals have been
accommodated as determined by Animal Care. As noted previously, Sec.
2.130 currently provides for underage/unweaned dogs and cats to be
moved to a registered research facility, but does not require a
transportation plan. Our proposal would require an APHIS-approved
transportation plan and IACUC-approved protocols for all animals. By
requiring research protocols to be IACUC-approved, we would ensure that
unweaned animals and/or animals under the age of 8 weeks are needed for
the specific research being conducted at the facility.
Currently, Sec. 2.33 provides that dogs and cats be given adequate
medical care from the attending veterinarian, but Sec. 2.130 does not
specifically address the transportation of underage/unweaned dogs and
cats for medical care. This proposed rule would amend the regulations
to explicitly allow for all animals to be transported for medical
treatment. Specifically, we would also provide in Sec. 2.130, new
paragraph (c), that persons may transport animals that have not been
weaned and that are not at least 8 weeks of age to a licensed
veterinarian for medical care. It is common practice to transport
animals that have not been weaned and that are not at least 8 weeks of
age for routine medical care. Therefore, we would not require a
transportation plan for animals being transported for routine medical
care (e.g., deworming or vaccinations) if the animal is returned to the
licensed or registered facility from which it originated upon the
completion of the medical care for which it was transported and no
change of ownership is involved. If those conditions are not met, then
a transportation plan would be required. As in the case of animals
destined for registered research facilities, our proposed rule would
allow for one transportation plan to be submitted for multiple animals
being transported from one facility if the plan can show that the needs
of all of the
[[Page 26346]]
animals have been accommodated as determined by Animal Care. We would
not require a transportation plan in the event that the animal requires
emergency medical care because we do not believe that it would be in
the best interest of the animal. This would ensure that the animal
receives timely care. However, to the extent possible, appropriate care
should be taken to ensure the humane treatment of the animal.
The Animal Care regional office would accept requests made using e-
mail and via facsimile in order to avoid delaying the transport of the
animal. Requests made using e-mail or facsimile would have to include
the transportation plan and the names, mailing addresses, and phone
numbers of the attending veterinarian and head of the animal caregiving
staff. The Animal Care regional office would contact the veterinarian
and head of the animal caregiving staff to confirm their concurrence
with the plan. In addition, a copy of the transportation plan signed by
the attending veterinarian and head of the animal caregiving staff
would have to be kept on file and made available for APHIS inspection.
Written approval of the transportation plan by the APHIS regional
office would have to be received before the animal(s) could be
transported in commerce.
We believe a transportation plan is necessary to ensure that the
licensee or registrant understands and has taken into account the
issues that might arise when transporting unweaned/underage animals
(e.g., transportation will not be too long, there are adequate food and
water resources along the way, etc.). In the past, unanticipated events
(e.g., delays, misdirected shipments) have resulted in the deaths of
animals. By ensuring proper planning on the part of the licensee or
registrant, the occurrence of such incidents can be minimized. We
welcome comments on the practical utility of the proposed
transportation plan requirement and the specific elements that would
have to be addressed in the plan, including how we might enhance the
quality, utility, and clarity of the information collected and how we
might reduce the paperwork burden that would be associated with the
proposed transportation plan requirement, including the use of
performance based criteria as a substitute for specific plan
requirements, or some combination of the two.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be significant for the purposes of
Executive Order 12866 and, therefore, has been reviewed by the Office
of Management and Budget.
For this proposed rule, we have prepared an economic analysis,
which is set out below. The analysis considers the potential economic
effects of the rule on small entities as required by the Regulatory
Flexibility Act and the potential costs and benefits of the rule as
required by Executive Order 12866.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
effects of this proposed rule on small entities. We do not currently
have all the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in determining: (1) The number of entities that transport unweaned/
underage animals for scientific purposes and/or medical treatment; (2)
the age at which these animals are being transported; and (3) any
additional information that may help us to determine the economic
impact of the proposed minimum age requirements for animals.
We propose to amend the Animal Welfare Act regulations by adding
minimum age requirements for the transport in commerce of animals. The
regulations currently contain such requirements for dogs and cats, but
no corresponding ones for other regulated animals, despite the risks
associated with the early transport of these species. We also propose
to amend the regulations to allow, provided certain conditions are met,
for animals to be transported without their mothers for medical
treatment and for scientific research before reaching the minimum age
and weaning requirement. Establishing minimum age requirements for the
transport in commerce of animals and providing for the transport of
animals that have not met the minimum age requirements are necessary to
help ensure the humane treatment of these animals.
Benefits and Costs of the Rule
Transporting young, unweaned animals without their mothers
increases the risk of them becoming sick or dying during transport.
According to APHIS Animal Care, this risk may increase if the animals
are delayed from reaching their destinations because of flights or
ground transportation systems that are delayed. Unweaned animals and
animals of many species under the age of 8 weeks are generally not yet
able to eat and drink independently of their mothers and have an
increased need for maternal or human intervention to provide
nourishment and water frequently.
The benefit of the proposed rule is the reduced risk of inhumane
treatment of young and unweaned animals. A measure of this benefit,
once the rule is enacted, would be the reduction in the frequency of
illness and death of young animals while being transported. We believe
that a reduction in illness and death for dogs and cats resulted when
the same weaning and minimum age requirements were established for
those species. As far as we know, the benefit for dogs and cats has not
been documented, but general veterinary medical experience and
knowledge support the conclusion that shipping young animals increases
the risk of illness and death in these animals.
Costs of the proposed rule would be incurred by entities that would
otherwise transport animals unweaned and under 8 weeks of age, in terms
of the additional time the infant animals would need to be maintained
before transport. Direct costs of feeding and caring for these very
young animals until they are weaned and 8 weeks of age would be
minimal; care and sustenance would be provided by their mothers unless
the mother and offspring have been separated. The additional cost of
feeding animals ranges from less than $1 to $5 a day depending upon the
species of animal. For example, the cost of feeding small mammals, such
as ferrets and guinea pigs, is less than a $1 a day while the cost of
feeding a chimpanzee ranges from $2 to $5 a day.
There are generally no additional feeding costs for animals that
are nursing as compared to those that are not; however, there may be
additional costs associated with transporting animals that are nursing
with their mothers. The amount of space required for one adult animal
would generally be sufficient for unweaned cubs, puppies, and kittens.
The unweaned young of big cats or nonhuman primates may require
additional space when traveling with their mothers than what is
currently required in the regulations for adults of these animals when
traveling alone. The incorporation of larger cages would be a one-time
investment, if necessary, and we anticipate that most facilities for
exotics should be able to readily reconfigure current enclosures to
accommodate any additional space at little or no additional cost.
While APHIS is aware that some breeders and dealers transport
unweaned animals before 8 weeks of age, the specific age at which these
[[Page 26347]]
animals are transported is unknown. Without this information it is
difficult to quantify the impacts to those entities currently
transporting animals before 8 weeks of age or unweaned. A discussion
with the industry representatives indicates that most responsible
breeders and dealers do not transport animals until they have been
weaned or are 8 weeks of age. This proposed rule would have little, if
any, economic impact on those licensees. If the licensee does not
already follow the minimum age requirements as outlined in this
proposed rule, there would be an increased cost of care associated with
the longer holding time for the animals. This increased cost is
expected to be only a small percentage of the revenue from the animal's
sale.
The price of animals can vary from a few hundred dollars for a wild
squirrel, to several thousand dollars for an adult monkey. For example,
the price of some of the smallest animals, such as guinea pigs, is $30,
while wild cats can range from $1,200 for single jungle cat to $15,000
for a single white tiger. The price of a baby chimpanzee can be as high
as $50,000.\1\
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\1\ http://www.monkeybreeder.com.
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Another area of cost associated with the proposed rule would be the
higher shipping charges that would be incurred, simply because a weaned
animal that is at least 8 weeks of age would be larger than an animal
of the same species that is not yet weaned and less than 8 weeks old.
Table 1 shows live animal air cargo shipping rates by weight of the
shipment.
Table 1.--Live Animal Air Cargo Shipping Rates
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Security tax
Weight Rate ($0.21 per lb)
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0-9 lbs.................................... $109 $0--$1.89
10-50 lbs.................................. 189 2.10--10.50
51-70 lbs.................................. 239 10.71--14.70
71-100 lbs................................. 299 14.91--21.00
101-150 lbs................................ 359 21.21--31.50
151-200 lbs................................ 459 31.71--42.00
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The additional shipping costs are expected to be a small percentage
of the animal's sale price. We would expect the additional costs of
care and feeding of animals until they reach the minimum transport age
would be offset, and maybe exceeded, by the improved welfare benefits
to the animals in terms of enhanced safeguarding and decreased animal
morbidity and mortality that could result from the transport in
commerce of young animals. We expect the benefits of safeguarding
animals that are under 8 weeks of age and/or unweaned to exceed the
additional costs associated with care and feeding that would result
from this rule. We welcome information that the public may offer that
would allow the Agency to better evaluate benefits and costs of the
proposed rule.
We note that the Captive Wildlife Safety Act (CWSA) prohibits
interstate and foreign trade in exotic cats. Under this Act, it is
illegal to import, export, transport, sell, receive, acquire, or
purchase, in interstate or foreign commerce, live lions, tigers,
leopards, snow leopards, cheetahs, jaguars, or cougars, or any hybrid
combination of any of these species, except in certain cases. Thus,
exotic cats covered under CWSA generally cannot be transported
interstate, irrespective of whether they have been weaned and are at
least 8 weeks of age. The proposed rule would still apply for circuses,
zoos, wildlife rehabilitators and some other licensed facilities that
are exempt from the CWSA regulations.
Assessment of Alternatives
One alternative would be to make no changes to the current
regulations. However, transporting animals before they are 8 weeks of
age or weaned increases the risk of those animals becoming sick or
dying. In addition, we believe that certain circumstances may require
the transport of animals before reaching the minimum age requirement,
such as, transport to a medical facility for medical treatment. Such
exceptions would make it necessary to ensure these animals are also
transported safely. Therefore, doing nothing is not a viable option to
safeguarding animals in commerce.
Another alternative would be to allow the transport of weaned
animals without an 8-week minimum age requirement. This would allow
smaller animals that mature faster than larger animals to be
transported before reaching 8 weeks of age. This alternative would also
protect larger animals from being transported before they are weaned,
as it is possible that some larger species of animals will not by
weaned by 8 weeks of age. The problem with this alternative is that
brokers and dealers could falsely state that the animal has been weaned
in order to allow them to transport the animal prematurely.
A third alternative would be to implement a two-tiered system. The
system would compensate for smaller animals that are weaned before 8
weeks of age compared to larger animals that require more time to
mature. Such a system could use adult weight as the determining factor
for each tier and set an appropriate weight limit (e.g., 15 pounds). In
the first tier, animals weighing less than 15 pounds could be
transported when the animal is 4 weeks of age and weaned. In the second
tier, animals larger than 15 pounds would need to be 8 weeks of age and
weaned before transport. This alternative would benefit the entities
that broker and breed small pets while continuing to safeguard the
larger animals. However, APHIS believes this alternative could cause
problems when classifying the animals under each tier. Each animal's
life cycle is different and weight alone is not a good measure of when
the animal will become weaned and ready for transport. We welcome
public and industry comment on the potential impacts of a two-tiered
system for classifying animals for transport, including specific
criteria we should consider when classifying animals into tiers and
timeframes for weaning that can be applied to each tier.
For these reasons, we have determined that proposing minimum age
and weaning requirements would best safeguard the health and welfare of
larger animals. This proposed rule would also allow for the transport
of animals to research facilities before meeting the minimum age
requirement, provided that a transportation plan is submitted to and
approved by the Animal Care regional office. We believe that allowing
underage and unweaned research animals to be transported without a
transportation plan subjects these animals to unnecessary risks, and
that the plan is necessary to assure that these animals arrive safely
at their destinations. This proposed rule would also allow for animals
to be transported to a licensed veterinarian for medical care before
meeting the minimum age requirement.
Impact on Small Entities
The North American Industry Classification System (NAICS) code of
particular interest is 424990 (Other Miscellaneous Nondurable Goods
Merchant Wholesalers), for which the small-entity size standard is 100
or fewer employees. This industry includes animal dealers and
importers. According to APHIS Animal Care, there are approximately
5,060 licensed animal dealers. The proposed rule may also affect
entities classified within NAICS codes 712130 (Zoos and Botanical
Gardens) and 712190 (Nature Parks and Other Similar Institutions). A
small enterprise classified within either of these codes is one having
$6.5 million or less in annual receipts. Also of interest are
businesses that breed animals, which fall within NAICS code 112990 (All
Other Animal Production)
[[Page 26348]]
and for which the small-entity definition is $750,000 or less in annual
receipts. For facilities that deal in research with animals, the NAICS
code is 541710 (Research and Development in the Physical, Engineering,
and Life Sciences), and the small-entity definition is 500 or fewer
employees. While only a fraction of the firms in each industry code
group are expected to be directly affected by the proposed rule, we
note that the majority of entities in each of these industry groups are
small.\2\
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\2\ Based on data provided by the U.S. Census Bureau, Statistics
of U.S. Businesses, to SBA, Office of Advocacy, small operations
comprise more than 90 percent of animal dealers and/or independent
importers, more than 70 percent of zoos and botanical gardens, more
than 80 percent of nature parks and other similar institutions, and
more than 90 percent of research facilities that could potentially
handle the animals of concern.
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According to APHIS Animal Care, nearly all of the 5,060 animal
dealers have annual receipts of less than $750,000, which classifies
them as small entities under Small Business Administration criteria.
APHIS does not have specific information regarding the 5,060 licensed
animal dealers; however, we would expect that some would be considered
small entities. It is unknown how many of these licensed animal dealers
transport underage and unweaned animals. It is also unknown at what age
these animals are being transported. Information is currently not
available to identify the dog and cat dealers who transport underage
and unweaned animals to approved research facilities. We welcome
information that the public may offer that would allow the Agency to
better determine the impact of the proposed 8-week minimum age
requirement. Specifically, we welcome public comment on the number of
establishments that could be affected, particularly ones classified
within the industry groups identified in this analysis; the frequency
with which they transport unweaned animals under 8 weeks of age,
without their mothers; and the delays and associated costs that small
entities may incur because of the proposed rule.
This proposed rule contains certain reporting and recordkeeping
requirements (See ``Paperwork Reduction Act'' below).
With respect to exotic cats, the proposed rule is superseded by the
Captive Wildlife Safety Act regulations (50 CFR Part 14, Subpart K),
which prohibit the interstate transport of these animals other than by
certain licensed facilities such as circuses, zoos, and wildlife
rehabilitators. The licensed facilities would not be exempt from the
proposed rule.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended to have retroactive effect.
This rule would not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. The Act does not provide administrative procedures which must be
exhausted prior to a judicial challenge to the provisions of this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0024. Please send a copy of your comments to: (1) Docket No.
APHIS-2006-0024, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication of this proposed rule.
To protect the health and well-being of young animals, we are
proposing to require animals to be at least 8 weeks of age and weaned
before they can be shipped in commerce. Also, a transportation plan
would be required for transport to research facilities or for medical
treatment for all animals that are less than 8 weeks of age and have
been weaned. The transportation plan is required to be written, signed
by the attending veterinarian and head of the animal caregiving staff,
and submitted to APHIS for approval prior to the shipment. The plan
must include the details of the transport and the justification for the
transport.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.5 hours per response.
Respondents: Animal dealers and breeders who ship or transport
animals.
Estimated annual number of respondents: 1,000.
Estimated annual number of responses per respondent: 4.
Estimated annual number of responses: 4,000.
Estimated total annual burden on respondents: 2,000 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 9 CFR Part 2
Animal welfare, Pets, Reporting and recordkeeping requirements,
Research.
[[Page 26349]]
Accordingly, we propose to amend 9 CFR part 2 as follows:
PART 2--REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
2. Section 2.130 is revised to read as follows:
Sec. 2.130 Minimum age requirements.
(a) Unless being transported in the same enclosure as its mother or
documented surrogate mother, no animal, other than birds, except as
provided in paragraphs (b) and (c) of this section, shall be delivered
by any person to any carrier or intermediate handler for transportation
in commerce, or be transported in commerce by any person unless such
animal has been weaned and is at least 8 weeks of age.
(b)(1) Persons wishing to transport an animal that has not been
weaned and that is not at least 8 weeks of age without its mother or
documented surrogate mother to a registered research facility for a
specific protocol approved by the Institutional Animal Care and Use
Committees (IACUC) must obtain prior written approval by the
appropriate Animal Care regional office by submitting, in writing, a
transportation plan signed by the attending veterinarian and head of
the animal caregiving staff outlining the reason for the transport
(including the IACUC-approved protocol involved, if applicable),
transportation specifics (including, but not limited to, dates,
destination, intermediate carrier or handler to be used, mode of
transportation, and enclosure size and design), food and water
arrangements, attendants and/or monitoring plan, contact provisions in
case of medical or other care needs, and, for nonhuman primates, how
the special needs of the infant will be met during transportation (in
support of the requirements of Sec. 3.81).
(2) One transportation plan may be submitted for multiple animals
being transported from one facility if the plan can show that the needs
of all of the animals have been accommodated as determined by Animal
Care.
(3) Transportation plans submitted via e-mail or facsimile must
also include the names, mailing addresses, and phone numbers of the
attending veterinarian and head of the animal caregiving staff. Those
submitting plans via e-mail or facsimile must also keep on file a copy
of the transportation plan that is signed by the attending veterinarian
and head of the animal caregiving staff and make the plan available to
Animal Care upon request.
(c)(1) Persons may transport an animal that has not been weaned and
that is not at least 8 weeks of age without its mother or documented
surrogate mother to a licensed veterinarian for routine medical care,
provided the animal is returned to the licensed or registered facility
from which it originated upon the completion of the medical care for
which it was transported and no change of ownership is involved. If
those conditions are not met, then persons wishing to transport animals
that have not been weaned and that are not at least 8 weeks of age for
routine medical care must obtain approval from the appropriate Animal
Care regional office by submitting a transportation plan in accordance
with paragraph (b) of this section.
(2) One transportation plan may be submitted for multiple animals
being transported from one facility if the plan can show that the needs
of all of the animals have been accommodated as determined by Animal
Care.
(3) Persons may transport animals that have not been weaned and
that are not at least 8 weeks of age to a licensed veterinarian for
emergency medical care without a transportation plan.
Done in Washington, DC, this 5th day of May 2008.
Bruce Knight,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. E8-10400 Filed 5-8-08; 8:45 am]
BILLING CODE 3410-34-P