82 FR 40077 - Animal Welfare; Procedures for Applying for Licenses and Renewals

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range		40077-40078
FR Document		2017-17967

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.

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  [www.thefederalregister.org]
[FR Doc No: 2017-17967]


========================================================================
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.

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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.

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

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

40077

Proposed Rules Federal Register
Vol. 82, No. 163

Thursday, August 24, 2017

This section of the FEDERAL REGISTER room 1141 of the USDA South Building, an annual renewal form and license fee
contains notices to the public of the proposed 14th Street and Independence Avenue (9 CFR 2.1(d)(1)).
issuance of rules and regulations. The SW., Washington, DC. Normal reading Although an applicant for renewal
purpose of these notices is to give interested room hours are 8 a.m. to 4:30 p.m., certifies, to the best of his or her
persons an opportunity to participate in the Monday through Friday, except knowledge and belief, that he or she is
rule making prior to the adoption of the final in compliance with all regulations and
holidays. To be sure someone is there to
rules.
help you, please call (202) 799–7039 standards, the current regulations do not
before coming. require the applicant to demonstrate
DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Dr. compliance before APHIS renews his or
Kay Carter-Corker, Director, National her license. The current regulations also
Animal and Plant Health Inspection Policy Staff, Animal Care, APHIS, do not require a licensee to demonstrate
Service USDA, 4700 River Road Unit 84, compliance when the licensee makes
Riverdale, MD 20737; (301) 851–3748. any subsequent changes to his or her
9 CFR Parts 1 and 2 SUPPLEMENTARY INFORMATION: Under the animals or facilities, including
Animal Welfare Act (AWA or the Act, noteworthy changes in the number or
[Docket No. APHIS–2017–0062] type of animals used in regulated
7 U.S.C. 2131 et seq.), the Secretary of
RIN 0579–AE35 Agriculture is authorized to promulgate activity.
standards and other requirements In this advance notice of proposed
Animal Welfare; Procedures for governing the humane handling, care, rulemaking, we are soliciting public
Applying for Licenses and Renewals treatment, and transportation of certain comment on potential revisions to the
animals by dealers, research facilities, licensing requirements to better promote
AGENCY: Animal and Plant Health sustained compliance with the AWA,
Inspection Service, USDA. exhibitors, operators of auction sales,
and carriers and intermediate handlers. reduce licensing fees and burdens, and
ACTION: Advance notice of proposed strengthen existing safeguards that
rulemaking and request for comments. The Secretary has delegated
prevent individuals and businesses who
responsibility for administering the
SUMMARY: We are soliciting public are unfit to hold a license (such as any
AWA to the Administrator of the U.S.
comment on potential revisions to the individual whose license has been
Department of Agriculture’s Animal and
licensing requirements under our suspended or revoked or who has a
Plant Health Inspection Service
Animal Welfare Act regulations to history of noncompliance) from
(APHIS). Within APHIS, the
promote compliance with the Act, obtaining a license or working with
responsibility for administering the
reduce licensing fees, and strengthen regulated animals. Potential regulatory
AWA has been delegated to the Deputy
existing safeguards that prevent any changes we are considering include:
Administrator for Animal Care. • Establishing a firm expiration date
individual whose license has been Regulations and standards established for licenses (e.g., after a 3–5 year
suspended or revoked, or who has a under the AWA are contained in the period), after which the licensee would
history of noncompliance, from Code of Federal Regulations (CFR) in 9 once again be required to affirmatively
obtaining a license or working with CFR parts 1, 2, and 3 (referred to below demonstrate compliance before
regulated animals. We are soliciting as the regulations). Part 1 contains obtaining another license;
public comment on these topics to help definitions for terms used in parts 2 and • Specifying procedures to ensure
us consider ways to reduce regulatory 3. Part 2 provides administrative licensees have ample time to apply for
burden and more efficiently ensure the requirements and sets forth institutional licenses and demonstrate compliance
sustained compliance of licensees with responsibilities for regulated parties, prior to the expiration of an existing
the Act. including licensing requirements for license, and issuing conditional licenses
DATES: We will consider all comments dealers, operators of auction sales, and to licensees with histories of
that we receive on or before October 23, exhibitors. Dealers, exhibitors, and compliance should they be in jeopardy
2017. operators of auction sales are required to of an inadvertent lapse in licensure
ADDRESSES: You may submit comments comply in all respects with the during the license application process;
by either of the following methods: regulations and standards, pursuant to 9 • Requiring licensees to affirmatively
• Federal eRulemaking Portal: Go to CFR 2.100(a). demonstrate compliance when making
http://www.regulations.gov/ Under the current regulations, an noteworthy changes subsequent to the
#!docketDetail;D=APHIS-2017-0062. applicant for an initial license is issuance of a license in regard to the
• Postal Mail/Commercial Delivery: required to submit an application form, number, type, or location of animals
Send your comment to Docket No. an application fee, and an annual used in regulated activities;
APHIS–2017–0062, Regulatory Analysis license fee to APHIS-Animal Care (9 • Eliminating the application fee and
and Development, PPD, APHIS, Station CFR 2.1(c)), acknowledge receipt of a annual license fee and assessing
mstockstill on DSK30JT082PROD with PROPOSALS

3A–03.8, 4700 River Road Unit 118, copy of the regulations and agree to reasonable fees only for licenses issued
Riverdale, MD 20737–1238. comply with them by signing the (as in the example above, such as every
Supporting documents and any application form (9 CFR 2.2(a)), and 3–5 years);
comments we receive on this docket demonstrate compliance with the AWA • Requiring license applicants to
may be viewed at http:// regulations and standards before APHIS disclose any animal cruelty convictions
www.regulations.gov/ can issue a license (9 CFR 2.3(a)). Once or other violations of Federal, State, or
#!docketDetail;D=APHIS-2017-0062 or a licensee receives a license, a licensee local laws or regulations pertaining to
in our reading room, which is located in renews his or her license by submitting animals;

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40078 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Proposed Rules

• With respect to pre-licensing other AWA-regulated entities or using instrument procedures to these airports.
inspections to assess compliance, other individual names or business The VORTAC is being decommissioned
reducing from three to two the number entities to apply for a license? Please as part of the VHF omnidirectional
of opportunities an applicant has to suggest specific activities that should be range (VOR) Minimum Operational
correct deficiencies and take corrective covered and provide supporting data Network (MON) Program.
measures before the applicant forfeits and information. DATES: Comments must be received on
his or her application and fee and must 4. Do you have any other specific or before October 10, 2017.
reapply for a license; concerns or recommendations for ADDRESSES: Send comments on this
• Closing a loophole in the current reducing regulatory burdens involving proposal to the U.S. Department of
regulations that allows individuals and the licensing process or otherwise Transportation, Docket Operations, 1200
businesses, although they do not operate improving the licensing requirements New Jersey Avenue SE., West Building
as bona fide exhibitors, to become under the AWA? Ground Floor, Room W12–140,
licensed as such in order to circumvent This action has been determined to be Washington, DC 20590; telephone (202)
State laws restricting ownership of not significant for the purposes of 366–9826, or 1–800–647–5527. You
exotic and wild animals to AWA- Executive Order 12866 and, therefore, must identify FAA Docket No. FAA–
licensed exhibitors; has not been reviewed by the Office of 2017–0618; Airspace Docket No. 17–
• Strengthening existing prohibitions Management and Budget. This action is
to expressly restrict individuals and ASW–9 at the beginning of your
not a regulatory action under Executive comments. You may also submit
businesses whose licenses have been Order 13771.
suspended or revoked from working for comments through the Internet at http://
other regulated entities, and prevent Authority: 7 U.S.C. 2131–2159; 7 CFR www.regulations.gov. You may review
2.22, 2.80, and 371.7. the public docket containing the
individuals with histories of
noncompliance (or orders suspending or Done in Washington, DC, this day of proposal, any comments received, and
revoking a license) from applying for August 21, 2017. any final disposition in person in the
new licenses through different Michael C. Gregoire, Dockets Office between 9:00 a.m. and
individuals or business names; and Acting Administrator, Animal and Plant 5:00 p.m., Monday through Friday,
• Streamlining the procedures for Health Inspection Service. except Federal holidays.
denying a license application, [FR Doc. 2017–17967 Filed 8–23–17; 8:45 am]
FAA Order 7400.11A, Airspace
terminating a license, and summarily Designations and Reporting Points, and
BILLING CODE 3410–34–P
suspending a license. subsequent amendments can be viewed
To aid in the development of those online at http://www.faa.gov/air_traffic/
potential regulatory changes, we invite publications/. For further information,
DEPARTMENT OF TRANSPORTATION you can contact the Airspace Policy
data and information from the public
regarding potential economic effects, Federal Aviation Administration Group, Federal Aviation
including benefits and costs, on dealers, Administration, 800 Independence
operators of auction sales, and 14 CFR Part 71 Avenue SW., Washington, DC 20591;
exhibitors, and potential alternatives to telephone: (202) 267–8783. The Order is
[Docket No. FAA–2017–0618; Airspace also available for inspection at the
reduce regulatory burdens and more
Docket No. 17–ASW–9] National Archives and Records
efficiently and consistently ensure
sustained compliance of licensees with Administration (NARA). For
Proposed Establishment of Class D
the AWA. In addition, we invite information on the availability of FAA
Airspace; Burns Flat, OK; Revocation
comments from the public on the Order 7400.11A at NARA, call (202)
of Class D Airspace; Clinton-Sherman
following questions: 741–6030, or go to http://
Airport, OK; and Amendment of E
1. Should we propose to establish a www.archives.gov/federal_register/
Airspace for the Following Oklahoma
firm expiration date for licenses (such as code_of_federal-regulations/ibr_
Towns: Burns Flat, OK; Clinton, OK;
3–5 years) and if so, what should that locations.html.
and Elk City, OK FAA Order 7400.11, Airspace
date be and why? Please provide
supporting data. AGENCY: Federal Aviation Designations and Reporting Points, is
2. What fees would be reasonable to Administration (FAA), DOT. published yearly and effective on
assess for licenses issued? Are the ACTION: Notice of proposed rulemaking
September 15.
existing license fees (9 CFR 2.6) (NPRM). FOR FURTHER INFORMATION CONTACT:
reasonable, or should they be adjusted Jeffrey Claypool, Federal Aviation
to take additional factors into SUMMARY: This action proposes to Administration, Operations Support
consideration, such as the type of establish Class D airspace at Clinton- Group, Central Service Center, 10101
animals used in regulated activities? Sherman Airport, Burns Flat, OK; Hillwood Parkway, Fort Worth, TX
Please provide data in support of any remove Class D airspace at Clinton- 76177; telephone (817) 222–5711.
proposed adjustments to the license Sherman Airport, Clinton-Sherman SUPPLEMENTARY INFORMATION:
fees. Airport, OK; and amend Class E
3. In addition to the existing airspace extending upward from 700 Authority for This Rulemaking
prohibitions on any person whose feet above the surface at Clinton- The FAA’s authority to issue rules
license has been suspended or revoked Sherman Airport, Burns Flat, OK; regarding aviation safety is found in
mstockstill on DSK30JT082PROD with PROPOSALS

from buying, selling, transporting, Clinton Municipal Airport, Clinton, OK; Title 49 of the United States Code.
exhibiting, or delivering for and Elk City Regional Business Airport, Subtitle I, Section 106 describes the
transportation animals during the Elk City, OK. The FAA is proposing this authority of the FAA Administrator.
period of suspension or revocation (9 action due to the decommissioning of Subtitle VII, Aviation Programs,
CFR 2.10(c)), should such persons be the Sayre co-located VHF describes in more detail the scope of the
prohibited from engaging in other omnidirectional range and tactical air agency’s authority. This rulemaking is
activities involving animals regulated navigation (VORTAC) facility, which promulgated under the authority
under the AWA, such as working for provided navigation guidance for the described in Subtitle VII, Part A,

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Document Created: 2018-10-24 12:36:15
Document Modified: 2018-10-24 12:36:15

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking and request for comments.
Dates		We will consider all comments that we receive on or before October 23, 2017.
Contact		Dr. Kay Carter-Corker, Director, National Policy Staff, Animal Care, APHIS, USDA, 4700 River Road Unit 84, Riverdale, MD 20737; (301) 851-3748.
FR Citation		82 FR 40077
RIN Number		0579-AE35
CFR Citation		9 CFR 1 9 CFR 2

82 FR 40077 - Animal Welfare; Procedures for Applying for Licenses and Renewals

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 82, Issue 163 (August 24, 2017)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service