81_FR_41379 81 FR 41257 - Petition To Amend Animal Welfare Act Regulations To Prohibit Public Contact With Big Cats, Bears, and Nonhuman Primates

81 FR 41257 - Petition To Amend Animal Welfare Act Regulations To Prohibit Public Contact With Big Cats, Bears, and Nonhuman Primates

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 122 (June 24, 2016)

Page Range41257-41258
FR Document2016-14976

We are reopening the comment period for a petition requesting amendments to the Animal Welfare Act regulations and standards pertaining to physical contact with dangerous animals. We are especially interested in receiving public comments on the additional questions included in this notice. We are providing information about upcoming virtual stakeholder listening sessions and other efforts intended to gather additional public comment. This action will allow interested persons additional time to prepare and submit comments and further inform our thinking on the handling of dangerous animals.

Federal Register, Volume 81 Issue 122 (Friday, June 24, 2016)
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Proposed Rules]
[Pages 41257-41258]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14976]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 2 and 3

[Docket No. APHIS-2012-0107]


Petition To Amend Animal Welfare Act Regulations To Prohibit 
Public Contact With Big Cats, Bears, and Nonhuman Primates

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: We are reopening the comment period for a petition requesting 
amendments to the Animal Welfare Act regulations and standards 
pertaining to physical contact with dangerous animals. We are 
especially interested in receiving public comments on the additional 
questions included in this notice. We are providing information about 
upcoming virtual stakeholder listening sessions and other efforts 
intended to gather additional public comment. This action will allow 
interested persons additional time to prepare and submit comments and 
further inform our thinking on the handling of dangerous animals.

DATES: The comment period for the notice published on August 5, 2013 
(78 FR 47215) and reopened on October 24, 2013 (78 FR 63408) is 
reopened. We will consider all comments that we receive on or before 
August 31, 2016. The virtual listening sessions described in this 
notice will be held on Wednesday, June 29, 2016, from 1 p.m. to 3 p.m. 
eastern time (ET); Wednesday, July 6, 2016, from 1 p.m. to 3 p.m. ET; 
and Thursday, August 4, 2016, from 1 p.m. to 3 p.m. ET. Registration is 
required to participate in the listening sessions. Links for 
registering to participate in the virtual listening sessions are 
included in the Web site in footnote 2 below.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0107.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2012-0107, 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-2012-
0107 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. Barbara Kohn, Senior Staff 
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, 
MD 20737-1234; (301) 851-3751.

SUPPLEMENTARY INFORMATION: 
    On August 5, 2013, we published in the Federal Register (78 FR 
47215-47217, Docket No. APHIS-2012-0107) a notice \1\ making available 
for comment a petition requesting amendments to the Animal Welfare Act 
(AWA) regulations and standards, including amendments to prohibit 
licensees from allowing individuals, with certain exceptions, from 
coming into direct or physical contact with big cats, bears, or 
nonhuman primates of any age, to define the term ``sufficient 
distance,'' and to prohibit the public handling of young or immature 
big cats, bears, and nonhuman primates.
---------------------------------------------------------------------------

    \1\ To view the notice, petition, and the comments we received, 
go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0107.
---------------------------------------------------------------------------

    Comments were required to be received on or before October 4, 2013. 
In a subsequent notice published October 24, 2013 (78 FR 63408), we 
reopened the comment period for an additional 45 days to November 18, 
2013. We received 15,379 comments.
    We are again reopening the comment period and will accept all 
comments we receive on or before August 31, 2016.

[[Page 41258]]

We are especially interested in receiving public comments on the 
questions presented below. Responses to these questions will help 
further inform our thinking on the handling of dangerous animals:
    1. What factors and characteristics should determine if a type of 
animal is suitable for public contact? When the Animal and Plant Health 
Inspection Service (APHIS) describes an animal as dangerous, there are 
certain characteristics we use to classify the animals, such as the 
size, strength, and instinctual behavior of an animal, risk of disease 
transmission between animals and humans (i.e., zoonoses such as Herpes 
B), and ability to safely and humanely handle (or control) the animal 
in all situations.
    2. What animals should APHIS consider including under the 
definition of dangerous animals? For example, are all nonhuman primates 
dangerous? We currently identify some animals as dangerous, including, 
but not limited to, nondomestic felids (such as lions, tigers, jaguars, 
mountain lions, cheetahs, and any hybrids thereof), wolves, bears, 
certain nonhuman primates (such as gorillas, chimps, and macaques), 
elephants, hippopotamuses, rhinoceroses, moose, bison, camels, and 
common animals known to carry rabies.
    3. What animals may pose a public health risk and why? What risks 
does public contact with dangerous animals present to the individual 
animal and the species and why?
    4. What are the best methods of permanent, usable animal 
identification for dangerous animals?
    5. What are the most humane training techniques to use with 
dangerous animals?
    6. What scientific information (peer-reviewed journals preferred) 
is available that identifies the appropriate weaning ages for 
nondomestic felids, bears, elephants, wolves, nonhuman primates, and 
other dangerous animals?
    7. What industry, organizational, or governmental standards have 
been published for the handling and care of dangerous animals?
    8. What constitutes sufficient barriers for enclosures around 
dangerous animals to keep members of the public away from the animals? 
What methods (structures, distance, attendants, etc.) are needed to 
prevent entry of the public into an enclosure and keep the animal safe 
while still allowing for meaningful viewing?
    In addition to inviting the public to comment on these questions, 
we are making available for the public a Web site \2\ containing 
background information on the topics explained in this notice. We also 
plan to convene three virtual listening sessions during the summer, 
allowing stakeholders to participate regardless of their location 
before the close of the public comment period. The dates of each 
virtual listening session are as follows:
---------------------------------------------------------------------------

    \2\ https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/Handling-Dangerous-Animals-Feedback-Page.
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     June 29, 2016, 1 p.m. to 3 p.m. eastern time (ET);
     July 6, 2016, 1 p.m. to 3 p.m. ET; and
     August 4, 2016, 1 p.m. to 3 p.m. ET.
    Persons wishing to participate in the virtual listening sessions 
are required to register prior to the session. Links for registering to 
participate in each listening session are included in the Web site in 
footnote 2. Upon registration, participants will be provided with a 
call-in number and access code. The virtual listening sessions will 
provide the public with opportunities to share their views on the 
handling of dangerous animals and provide us with additional material 
to inform our thinking on this topic.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.

    Done in Washington, DC, this 21st day of June 2016.
William H. Clay,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-14976 Filed 6-23-16; 8:45 am]
 BILLING CODE 3410-34-P



                                                                            Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Proposed Rules                                                   41257

                                                    Switzerland                                            Latah                                                 eastern time (ET); Wednesday, July 6,
                                                    Union                                                  Lewis                                                 2016, from 1 p.m. to 3 p.m. ET; and
                                                  Kentucky:                                                Nez Perce                                             Thursday, August 4, 2016, from 1 p.m.
                                                    Bracken                                                Shoshone                                              to 3 p.m. ET. Registration is required to
                                                    Carroll                                               Washington:
                                                    Gallatin                                               Adams
                                                                                                                                                                 participate in the listening sessions.
                                                    Grant                                                  Asotin                                                Links for registering to participate in the
                                                    Mason                                                  Chelan (Does not include the North Cas-               virtual listening sessions are included in
                                                    Pendleton                                                cades National Park portion)                        the Web site in footnote 2 below.
                                                  Ohio:                                                    Douglas                                               ADDRESSES: You may submit comments
                                                    Adams                                                  Ferry                                                 by either of the following methods:
                                                    Brown                                                  Garfield                                                 • Federal eRulemaking Portal: Go to
                                                    Butler                                                 Grant                                                 http://www.regulations.gov/
                                                    Highland                                               Kittitas (Does not include the Yakima                 #!docketDetail;D=APHIS-2012-0107.
                                                                                                             Firing Range portion)                                  • Postal Mail/Commercial Delivery:
                                                             *      *     *    *          *                Lincoln
                                                                        Dayton                             Okanogan
                                                                                                                                                                 Send your comment to Docket No.
                                                  Ohio:                                                    Pend Oreille                                          APHIS–2012–0107, Regulatory Analysis
                                                    Champaign                                              Stevens                                               and Development, PPD, APHIS, Station
                                                    Clark                                                  Whitman                                               3A–03.8, 4700 River Road Unit 118,
                                                    Greene                                                                                                       Riverdale, MD 20737–1238.
                                                    Miami                                                             *      *     *       *       *                Supporting documents and any
                                                    Montgomery                                            [FR Doc. 2016–14912 Filed 6–23–16; 8:45 am]            comments we receive on this docket
                                                    Preble                                                                                                       may be viewed at http://
                                                                                                          BILLING CODE 6325–39–P
                                                     Area of Application. Survey area plus:                                                                      www.regulations.gov/
                                                  Indiana:                                                                                                       #!docketDetail;D=APHIS-2012-0107 or
                                                    Randolph                                                                                                     in our reading room, which is located in
                                                    Wayne                                                 DEPARTMENT OF AGRICULTURE                              room 1141 of the USDA South Building,
                                                  Ohio:                                                                                                          14th Street and Independence Avenue
                                                    Auglaize                                              Animal and Plant Health Inspection
                                                                                                                                                                 SW., Washington, DC. Normal reading
                                                    Clinton                                               Service
                                                    Darke
                                                                                                                                                                 room hours are 8 a.m. to 4:30 p.m.,
                                                    Logan                                                                                                        Monday through Friday, except
                                                                                                          9 CFR Parts 2 and 3
                                                    Shelby                                                                                                       holidays. To be sure someone is there to
                                                                                                          [Docket No. APHIS–2012–0107]                           help you, please call (202) 799–7039
                                                             *      *   *  *              *                                                                      before coming.
                                                                   WASHINGTON                             Petition To Amend Animal Welfare Act                   FOR FURTHER INFORMATION CONTACT: Dr.
                                                                                                          Regulations To Prohibit Public Contact                 Barbara Kohn, Senior Staff Veterinarian,
                                                             *    *     *     *    *                      With Big Cats, Bears, and Nonhuman
                                                    Southeastern Washington-Eastern Oregon
                                                                                                                                                                 Animal Care, APHIS, 4700 River Road
                                                                                                          Primates                                               Unit 84, Riverdale, MD 20737–1234;
                                                                   Survey Area
                                                                                                          AGENCY:  Animal and Plant Health                       (301) 851–3751.
                                                  Oregon:
                                                                                                          Inspection Service, USDA.                              SUPPLEMENTARY INFORMATION:
                                                    Umatilla
                                                  Washington:                                                                                                       On August 5, 2013, we published in
                                                                                                          ACTION: Notice; reopening of comment
                                                    Benton                                                                                                       the Federal Register (78 FR 47215–
                                                                                                          period.
                                                    Franklin                                                                                                     47217, Docket No. APHIS–2012–0107) a
                                                    Walla Walla                                           SUMMARY:    We are reopening the                       notice 1 making available for comment a
                                                    Yakima                                                comment period for a petition                          petition requesting amendments to the
                                                     Area of Application. Survey area plus:               requesting amendments to the Animal                    Animal Welfare Act (AWA) regulations
                                                  Oregon:                                                 Welfare Act regulations and standards                  and standards, including amendments
                                                    Baker                                                                                                        to prohibit licensees from allowing
                                                                                                          pertaining to physical contact with
                                                    Grant                                                                                                        individuals, with certain exceptions,
                                                    Harney                                                dangerous animals. We are especially
                                                    Malheur                                               interested in receiving public comments                from coming into direct or physical
                                                    Morrow                                                on the additional questions included in                contact with big cats, bears, or
                                                    Union                                                 this notice. We are providing                          nonhuman primates of any age, to
                                                    Wallowa                                               information about upcoming virtual                     define the term ‘‘sufficient distance,’’
                                                    Wheeler                                               stakeholder listening sessions and other               and to prohibit the public handling of
                                                  Washington:                                             efforts intended to gather additional                  young or immature big cats, bears, and
                                                    Columbia                                                                                                     nonhuman primates.
                                                                                                          public comment. This action will allow
                                                    Kittitas (Only includes the Yakima Firing                                                                       Comments were required to be
                                                      Range portion)                                      interested persons additional time to
                                                                                                          prepare and submit comments and                        received on or before October 4, 2013.
                                                                     Spokane                                                                                     In a subsequent notice published
                                                                                                          further inform our thinking on the
                                                                   Survey Area                                                                                   October 24, 2013 (78 FR 63408), we
                                                                                                          handling of dangerous animals.
                                                  Washington:                                                                                                    reopened the comment period for an
                                                                                                          DATES: The comment period for the
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                    Spokane                                                                                                      additional 45 days to November 18,
                                                                                                          notice published on August 5, 2013 (78
                                                     Area of Application. Survey area plus:                                                                      2013. We received 15,379 comments.
                                                                                                          FR 47215) and reopened on October 24,                     We are again reopening the comment
                                                  Idaho:
                                                                                                          2013 (78 FR 63408) is reopened. We will                period and will accept all comments we
                                                    Benewah
                                                    Bonner                                                consider all comments that we receive                  receive on or before August 31, 2016.
                                                    Boundary                                              on or before August 31, 2016. The
                                                    Clearwater                                            virtual listening sessions described in                  1 To view the notice, petition, and the comments
                                                    Idaho                                                 this notice will be held on Wednesday,                 we received, go to http://www.regulations.gov/
                                                    Kootenai                                              June 29, 2016, from 1 p.m. to 3 p.m.                   #!docketDetail;D=APHIS-2012-0107.



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                                                  41258                     Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Proposed Rules

                                                  We are especially interested in receiving               site 2 containing background                           The NRC previously denied 9 of these
                                                  public comments on the questions                        information on the topics explained in                 requests and accepted 1 request for
                                                  presented below. Responses to these                     this notice. We also plan to convene                   consideration in the rulemaking
                                                  questions will help further inform our                  three virtual listening sessions during                process. Two remaining requests were
                                                  thinking on the handling of dangerous                   the summer, allowing stakeholders to                   reserved for future rulemaking
                                                  animals:                                                participate regardless of their location               determinations. The purpose of this
                                                     1. What factors and characteristics                  before the close of the public comment                 Federal Register notice is to announce
                                                  should determine if a type of animal is                 period. The dates of each virtual                      the NRC’s final decision to deny these
                                                  suitable for public contact? When the                   listening session are as follows:                      two remaining requests.
                                                  Animal and Plant Health Inspection                         • June 29, 2016, 1 p.m. to 3 p.m.                   DATES: The docket for the petition for
                                                  Service (APHIS) describes an animal as                  eastern time (ET);                                     rulemaking, PRM–72–6, is closed on
                                                  dangerous, there are certain                               • July 6, 2016, 1 p.m. to 3 p.m. ET;                June 24, 2016.
                                                  characteristics we use to classify the                  and                                                    ADDRESSES: Please refer to Docket ID
                                                  animals, such as the size, strength, and                   • August 4, 2016, 1 p.m. to 3 p.m. ET.              NRC–2008–0649 when contacting the
                                                  instinctual behavior of an animal, risk of                 Persons wishing to participate in the
                                                                                                                                                                 NRC about the availability of
                                                  disease transmission between animals                    virtual listening sessions are required to
                                                                                                                                                                 information for this action. You may
                                                  and humans (i.e., zoonoses such as                      register prior to the session. Links for
                                                                                                                                                                 obtain publicly-available information
                                                  Herpes B), and ability to safely and                    registering to participate in each
                                                                                                                                                                 related to this action by any of the
                                                  humanely handle (or control) the animal                 listening session are included in the
                                                                                                                                                                 following methods:
                                                  in all situations.                                      Web site in footnote 2. Upon                              • Federal Rulemaking Web site: Go to
                                                                                                          registration, participants will be                     http://www.regulations.gov and search
                                                     2. What animals should APHIS                         provided with a call-in number and                     for Docket ID NRC–2008–0649. Address
                                                  consider including under the definition                 access code. The virtual listening
                                                  of dangerous animals? For example, are                                                                         questions about NRC dockets to Carol
                                                                                                          sessions will provide the public with                  Gallagher; telephone: 301–415–3463;
                                                  all nonhuman primates dangerous? We                     opportunities to share their views on the              email: Carol.Gallagher@nrc.gov. For
                                                  currently identify some animals as                      handling of dangerous animals and                      technical questions, contact the
                                                  dangerous, including, but not limited to,               provide us with additional material to                 individuals listed in the FOR FURTHER
                                                  nondomestic felids (such as lions, tigers,              inform our thinking on this topic.                     INFORMATION CONTACT section of this
                                                  jaguars, mountain lions, cheetahs, and
                                                  any hybrids thereof), wolves, bears,                      Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22,           document.
                                                  certain nonhuman primates (such as                      2.80, and 371.7.                                          • NRC’s Agencywide Documents
                                                  gorillas, chimps, and macaques),                          Done in Washington, DC, this 21st day of             Access and Management System
                                                  elephants, hippopotamuses,                              June 2016.                                             (ADAMS): You may obtain publicly-
                                                  rhinoceroses, moose, bison, camels, and                 William H. Clay,                                       available documents online in the
                                                  common animals known to carry rabies.                   Acting Administrator, Animal and Plant                 ADAMS Public Documents collection at
                                                     3. What animals may pose a public                    Health Inspection Service.                             http://www.nrc.gov/reading-rm/
                                                  health risk and why? What risks does                    [FR Doc. 2016–14976 Filed 6–23–16; 8:45 am]            adams.html. To begin the search, select
                                                  public contact with dangerous animals                   BILLING CODE 3410–34–P                                 ‘‘ADAMS Public Documents’’ and then
                                                  present to the individual animal and the                                                                       select ‘‘Begin Web-based ADAMS
                                                  species and why?                                                                                               Search.’’ For problems with ADAMS,
                                                     4. What are the best methods of                      NUCLEAR REGULATORY                                     please contact the NRC’s Public
                                                  permanent, usable animal identification                 COMMISSION                                             Document Room (PDR) reference staff at
                                                  for dangerous animals?                                                                                         1–800–397–4209, 301–415–4737, or by
                                                                                                          10 CFR Part 72                                         email to pdr.resource@nrc.gov. The
                                                     5. What are the most humane training
                                                                                                                                                                 ADAMS accession number for each
                                                  techniques to use with dangerous                        [Docket No. PRM–72–6; NRC–2008–0649]
                                                                                                                                                                 document referenced (if it is available in
                                                  animals?
                                                                                                          Petition for Rulemaking Submitted by                   ADAMS) is provided the first time that
                                                     6. What scientific information (peer-                                                                       it is mentioned in the SUPPLEMENTARY
                                                  reviewed journals preferred) is available               C–10 Research and Education
                                                                                                          Foundation, Inc.                                       INFORMATION section.
                                                  that identifies the appropriate weaning                                                                           • NRC’s PDR: You may examine and
                                                  ages for nondomestic felids, bears,                     AGENCY:  Nuclear Regulatory                            purchase copies of public documents at
                                                  elephants, wolves, nonhuman primates,                   Commission.                                            the NRC’s PDR, Room O1–F21, One
                                                  and other dangerous animals?                            ACTION: Petition for rulemaking; denial.               White Flint North, 11555 Rockville
                                                     7. What industry, organizational, or                                                                        Pike, Rockville, Maryland 20852.
                                                  governmental standards have been                        SUMMARY:   The U.S. Nuclear Regulatory                 FOR FURTHER INFORMATION CONTACT:
                                                  published for the handling and care of                  Commission (NRC) is denying Requests                   Torre Taylor, telephone: 301–415–7900,
                                                  dangerous animals?                                      4 and 9 of a petition for rulemaking                   email: Torre.Taylor@nrc.gov; or Haile
                                                     8. What constitutes sufficient barriers              (PRM), dated November 24, 2008, filed                  Lindsay, telephone: 301–415–0616,
                                                  for enclosures around dangerous                         by Ms. Sandra Gavutis, Executive                       email: Haile.Lindsay@nrc.gov; both of
                                                  animals to keep members of the public                   Director of C–10 Research and                          the Office of Nuclear Material Safety
                                                  away from the animals? What methods                     Education Foundation, Inc. (the                        and Safeguards, U.S. Nuclear Regulatory
sradovich on DSK3TPTVN1PROD with PROPOSALS




                                                  (structures, distance, attendants, etc.)                petitioner). The petitioner requested                  Commission, Washington DC 20555–
                                                  are needed to prevent entry of the                      that the NRC amend its regulations                     0001.
                                                  public into an enclosure and keep the                   concerning dry cask safety, security,
                                                                                                          transferability, and longevity. The                    SUPPLEMENTARY INFORMATION:
                                                  animal safe while still allowing for
                                                  meaningful viewing?                                     petitioner made 12 specific requests.                  I. The Petition
                                                     In addition to inviting the public to                  2 https://www.aphis.usda.gov/aphis/ourfocus/            Section 2.802 of title 10 of the Code
                                                  comment on these questions, we are                      animalwelfare/Handling-Dangerous-Animals-              of Federal Regulations (10 CFR),
                                                  making available for the public a Web                   Feedback-Page.                                         ‘‘Petition for rulemaking,’’ provides an


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Document Created: 2016-06-24 00:53:06
Document Modified: 2016-06-24 00:53:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice; reopening of comment period.
DatesThe comment period for the notice published on August 5, 2013 (78 FR 47215) and reopened on October 24, 2013 (78 FR 63408) is reopened. We will consider all comments that we receive on or before August 31, 2016. The virtual listening sessions described in this notice will be held on Wednesday, June 29, 2016, from 1 p.m. to 3 p.m. eastern time (ET); Wednesday, July 6, 2016, from 1 p.m. to 3 p.m. ET; and Thursday, August 4, 2016, from 1 p.m. to 3 p.m. ET. Registration is required to participate in the listening sessions. Links for registering to participate in the virtual listening sessions are included in the Web site in footnote 2 below.
ContactDr. Barbara Kohn, Senior Staff Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737-1234; (301) 851-3751.
FR Citation81 FR 41257 
CFR Citation9 CFR 2
9 CFR 3

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