Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Proposed Rules]
[Pages 40077-40078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17967]
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Proposed Rules
Federal Register
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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.
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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 /
Proposed Rules
[[Page 40077]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 1 and 2
[Docket No. APHIS-2017-0062]
RIN 0579-AE35
Animal Welfare; Procedures for Applying for Licenses and Renewals
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking and request for comments.
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SUMMARY: We are soliciting public comment on potential revisions to the
licensing requirements under our Animal Welfare Act regulations to
promote compliance with the Act, reduce licensing fees, and strengthen
existing safeguards that prevent any individual whose license has been
suspended or revoked, or who has a history of noncompliance, from
obtaining a license or working with regulated animals. We are
soliciting public comment on these topics to help us consider ways to
reduce regulatory burden and more efficiently ensure the sustained
compliance of licensees with the Act.
DATES: We will consider all comments that we receive on or before
October 23, 2017.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0062.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2017-0062, 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 http://www.regulations.gov/#!docketDetail;D=APHIS-2017-
0062 or in our reading room, which 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) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Dr. Kay Carter-Corker, Director,
National Policy Staff, Animal Care, APHIS, USDA, 4700 River Road Unit
84, Riverdale, MD 20737; (301) 851-3748.
SUPPLEMENTARY INFORMATION: 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, research facilities, exhibitors, operators of auction sales,
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 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.
Regulations and standards established under the AWA are contained in
the Code of Federal Regulations (CFR) 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
requirements and sets forth institutional responsibilities for
regulated parties, including licensing requirements for dealers,
operators of auction sales, and exhibitors. Dealers, exhibitors, and
operators of auction sales are required to comply in all respects with
the regulations and standards, pursuant to 9 CFR 2.100(a).
Under the current regulations, an applicant for an initial license
is required to submit an application form, an application fee, and an
annual license fee to APHIS-Animal Care (9 CFR 2.1(c)), acknowledge
receipt of a copy of the regulations and agree to comply with them by
signing the application form (9 CFR 2.2(a)), and demonstrate compliance
with the AWA regulations and standards before APHIS can issue a license
(9 CFR 2.3(a)). Once a licensee receives a license, a licensee renews
his or her license by submitting an annual renewal form and license fee
(9 CFR 2.1(d)(1)).
Although an applicant for renewal certifies, to the best of his or
her knowledge and belief, that he or she is in compliance with all
regulations and standards, the current regulations do not require the
applicant to demonstrate compliance before APHIS renews his or her
license. The current regulations also do not require a licensee to
demonstrate compliance when the licensee makes any subsequent changes
to his or her animals or facilities, including noteworthy changes in
the number or type of animals used in regulated activity.
In this advance notice of proposed rulemaking, we are soliciting
public comment on potential revisions to the licensing requirements to
better promote sustained compliance with the AWA, reduce licensing fees
and burdens, and strengthen existing safeguards that prevent
individuals and businesses who are unfit to hold a license (such as any
individual whose license has been suspended or revoked or who has a
history of noncompliance) from obtaining a license or working with
regulated animals. Potential regulatory changes we are considering
include:
Establishing a firm expiration date for licenses (e.g.,
after a 3-5 year period), after which the licensee would once again be
required to affirmatively demonstrate compliance before obtaining
another license;
Specifying procedures to ensure licensees have ample time
to apply for licenses and demonstrate compliance prior to the
expiration of an existing license, and issuing conditional licenses to
licensees with histories of compliance should they be in jeopardy of an
inadvertent lapse in licensure during the license application process;
Requiring licensees to affirmatively demonstrate
compliance when making noteworthy changes subsequent to the issuance of
a license in regard to the number, type, or location of animals used in
regulated activities;
Eliminating the application fee and annual license fee and
assessing reasonable fees only for licenses issued (as in the example
above, such as every 3-5 years);
Requiring license applicants to disclose any animal
cruelty convictions or other violations of Federal, State, or local
laws or regulations pertaining to animals;
[[Page 40078]]
With respect to pre-licensing inspections to assess
compliance, reducing from three to two the number of opportunities an
applicant has to correct deficiencies and take corrective measures
before the applicant forfeits his or her application and fee and must
reapply for a license;
Closing a loophole in the current regulations that allows
individuals and businesses, although they do not operate as bona fide
exhibitors, to become licensed as such in order to circumvent State
laws restricting ownership of exotic and wild animals to AWA-licensed
exhibitors;
Strengthening existing prohibitions to expressly restrict
individuals and businesses whose licenses have been suspended or
revoked from working for other regulated entities, and prevent
individuals with histories of noncompliance (or orders suspending or
revoking a license) from applying for new licenses through different
individuals or business names; and
Streamlining the procedures for denying a license
application, terminating a license, and summarily suspending a license.
To aid in the development of those potential regulatory changes, we
invite data and information from the public regarding potential
economic effects, including benefits and costs, on dealers, operators
of auction sales, and exhibitors, and potential alternatives to reduce
regulatory burdens and more efficiently and consistently ensure
sustained compliance of licensees with the AWA. In addition, we invite
comments from the public on the following questions:
1. Should we propose to establish a firm expiration date for
licenses (such as 3-5 years) and if so, what should that date be and
why? Please provide supporting data.
2. What fees would be reasonable to assess for licenses issued? Are
the existing license fees (9 CFR 2.6) reasonable, or should they be
adjusted to take additional factors into consideration, such as the
type of animals used in regulated activities? Please provide data in
support of any proposed adjustments to the license fees.
3. In addition to the existing prohibitions on any person whose
license has been suspended or revoked from buying, selling,
transporting, exhibiting, or delivering for transportation animals
during the period of suspension or revocation (9 CFR 2.10(c)), should
such persons be prohibited from engaging in other activities involving
animals regulated under the AWA, such as working for other AWA-
regulated entities or using other individual names or business entities
to apply for a license? Please suggest specific activities that should
be covered and provide supporting data and information.
4. Do you have any other specific concerns or recommendations for
reducing regulatory burdens involving the licensing process or
otherwise improving the licensing requirements under the AWA?
This action 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 action is not a regulatory
action under Executive Order 13771.
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
Done in Washington, DC, this day of August 21, 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-17967 Filed 8-23-17; 8:45 am]
BILLING CODE 3410-34-P