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.

Proposed Rules Federal Register

50738 

Vol. 74, No. 189 

Thursday, October 1, 2009 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 2 

[Docket No. APHIS–2006–0023] 

RIN 0579–AD03 

Submission of Itineraries 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the Animal Welfare Act regulations to 

include more specific requirements in 

the regulations concerning the 

submission of itineraries by any person 

who is subject to the Animal Welfare 

Act regulations and who intends to 

exhibit any animal at any location other 

than the person’s approved site(s). We 

believe APHIS’ inspectors’ access to 

animals, facilities, and records for 

unannounced inspections when animals 

are exhibited at a location other than at 

a regulated person’s approved site(s) is 

necessary to improve compliance with 

the regulations and the Animal Welfare 

Act. 

DATES: We will consider all comments 

that we receive on or before November 

30, 2009. 

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-2006-0023 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–2006–0023, 

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– 

2006–0023. 

Reading Room: You may read any 

comments that we receive on this 

docket on Regulations.gov or 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 20737–1234; 

(301) 734–7833. 

SUPPLEMENTARY INFORMATION: 

Background 

The Animal Welfare Act (AWA) 

(7 U.S.C. 2131–2159) authorizes the 

Secretary of Agriculture to promulgate 

rules and standards and other 

requirements governing the humane 

handling, housing, care, treatment, and 

transportation of certain animals by 

dealers, exhibitors, and other regulated 

entities. The Secretary of Agriculture 

has delegated the responsibility for 

enforcing the AWA to the Administrator 

of the Animal and Plant Health 

Inspection Service (APHIS). Regulations 

and standards established under the 

AWA are contained in 9 CFR parts 1, 2, 

and 3. The APHIS Animal Care program 

ensures compliance with the AWA 

regulations and standards by conducting 

unannounced inspections of premises 

with regulated animals. 

The regulations contained in 9 CFR 

part 2 establish certain responsibilities 

of regulated persons under the AWA. 

These responsibilities include 

requirements for the licensing and 

registration of dealers, exhibitors, and 

research facilities, and standards for 

veterinary care, identification of 

animals, and recordkeeping. 

Currently, APHIS requires licensees 

or registrants who intend to exhibit 

animals away from their approved sites 

to submit itineraries pursuant to 

§§ 2.126 and 2.125 of the regulations. 

Section 2.126, regarding access and 

inspection of records and property, 

provides that each dealer, exhibitor, 

intermediate handler, or carrier shall, 

during business hours, allow APHIS 

officials to enter its place of business, 

examine and make copies of records 

required by the AWA and the 

regulations, inspect the facilities, 

property, and animals, and document 

conditions and areas of noncompliance. 

Section 2.125 provides that each dealer, 

exhibitor, operator of an auction sale, 

intermediate handler, and carrier shall 

furnish to any APHIS official any 

information concerning their business 

which the APHIS official may request in 

connection with the enforcement of the 

provisions of the AWA and the 

regulations and standards. Such 

information shall be furnished within a 

reasonable time and as may be specified 

in the request for information. 

To improve compliance with the 

regulations and the AWA, we are 

proposing to amend the AWA 

regulations to include more specific 

requirements concerning itineraries by 

any person subject to the AWA 

regulations who intends to exhibit any 

regulated animal at any location other 

than the person’s approved site(s). Such 

itineraries shall be received by the 

Animal Care Regional Director no fewer 

than 2 days in advance of any travel. 

Such itineraries may be submitted by, 

for example, overnight mail, facsimile, 

regular mail, e-mail, or other method, 

but must be received within the 

specified timeframe. 

By including more specific 

requirements for submission of 

itineraries, we would ensure that 

Animal Care inspectors have access to 

animals, facilities, and records for 

unannounced inspections when animals 

are exhibited at a location other than at 

an approved site(s). By including more 

specific requirements concerning 

itineraries, we would be able to better 

fulfill our obligations under the AWA 

without having to divert limited 

resources to locating noncompliant 

exhibitors. 

In order for licensees and registrants 

to comply with the requirement of 

readily available access to the premises 

and animals by the APHIS inspector, we 

must be kept apprised of their location. 

This proposed action would ensure that 

APHIS inspectors have access to their 

facilities for unannounced inspections. 

Accordingly, we propose to amend 

the regulations to add a new paragraph 

(c) to § 2.126 regarding access to and 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Proposed Rules 50739 

inspection of records and property to 

specifically require the submission of 

itineraries by any person who is subject 

to the AWA and regulations. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866 and, 

therefore, has not been reviewed by the 

Office of Management and Budget. 

APHIS is responsible for enforcing the 

AWA by promulgating regulations and 

standards and other requirements 

governing the humane handling, 

housing, care, treatment, and 

transportation of certain animals by 

dealers, exhibitors, and other regulated 

entities. APHIS’ Animal Care program 

ensures compliance with the AWA and 

the regulations and standards issued 

thereunder by conducting unannounced 

inspections of premises with regulated 

animals. 

The proposed rule would require that 

any person who is subject to the AWA 

regulations and who intends to exhibit 

any animal at any location other than 

the person’s approved site(s) submit an 

itinerary. 

According to APHIS’ Animal Care 

Program, there were no fewer than 202 

regulated persons exhibiting animals at 

locations other than their approved 

site(s) in the United States in 2009. 

These persons (including, for example, 

carnivals, circuses, animal acts, 

traveling educational exhibits, and 

petting zoos) are classified under North 

American Industry Classification 

System (NAICS) code 712130, ‘‘Zoos 

and Botanical Gardens.’’ 

Under the Small Business 

Administration’s criteria, an entity in 

NAICS 712130 is considered small if it 

has annual receipts of not more than 

$7.0 million. While we do not know the 

number of regulated persons who travel 

that are small entities, it can be assumed 

that some or many are small businesses. 

We do not expect that these businesses, 

regardless of their size, would be 

significantly affected by the proposed 

requirements because the current 

regulations require a regulated person 

who travels to furnish APHIS with 

information concerning the location of 

his or her business and, thus, to submit 

an itinerary. Because most exhibitors 

and dealers who travel have been 

submitting itineraries in a timely 

manner in accordance with the 

proposed regulations, they would not be 

affected. 

APHIS anticipates that the only 

economic effects associated with this 

proposed rule would be related to the 

costs incurred by licensees and 

registrants in connection with the 

preparation and submission of the 

itinerary itself. Itineraries may be 

submitted by mail, overnight mail, 

facsimile, e-mail, or any other method 

as long as they are received within the 

required timeframe. We believe that the 

actual transmittal costs associated with 

the proposed notification requirements 

would be minimal. There would be 

some personnel costs associated with 

the time spent producing and 

addressing a written itinerary, but we 

expect that the time needed to prepare 

the document (if one had not already 

been prepared for other business 

purposes) would also be minimal. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

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. The AWA 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–2006–0023. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2006–0023, 

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 ensure that APHIS inspectors have 

access to the animals and facilities of 

any person subject to the Animal 

Welfare regulations who intends to 

exhibit any animal at any location other 

than the person’s approved site(s), we 

are proposing to amend the regulations 

regarding access and inspection of 

records and property to specifically 

require such persons to submit 

itineraries to the Animal Care Regional 

Director. We would require that any 

person who intends to exhibit any 

animal at any location other than the 

person’s approved site(s) submit the 

following information: 

• The name of the person who 

intends to exhibit the animal and 

transport the animal for exhibition 

purposes, including any business name 

and current AWA license or registration 

number and, in the event that any 

animal is leased, borrowed, loaned, or 

under some similar arrangement, the 

name of the person who owns such 

animal; 

• The name, identification number or 

identifying characteristics, species 

(common or scientific name), sex and 

age of each animal; and 

• The names, dates, and locations 

(with addresses) where the animals will 

travel, be housed, and be exhibited, 

including all anticipated dates and 

locations (with addresses) for any stops 

and layovers. 

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 0.25 hours per 

response. 

Respondents: Any person exhibiting 

any animal, or that allows any animal to 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
50740 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Proposed Rules 

be exhibited, at any location other than 

their designated primary facility. 

Estimated annual number of 

respondents: 300. 

Estimated annual number of 

responses per respondent: 8.66. 

Estimated annual number of 

responses: 2,600. 

Estimated total annual burden on 

respondents: 650 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) 851–2908. 

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) 851– 

2908. 

List of Subjects in 9 CFR Part 2 

Animal welfare, Pets, Reporting and 

recordkeeping requirements, Research. 

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. In § 2.126, the section heading is 

revised and a new paragraph (c) is 

added to read as follows: 

§ 2.126 Access and inspection of records 

and property; submission of itineraries. 

* * * * * 

(c) Any person who is subject to the 

Animal Welfare regulations and who 

intends to exhibit any animal at any 

location other than the person’s 

approved site(s) (including, but not 

limited to, circuses, traveling 

educational exhibits, animal acts, and 

petting zoos) shall submit a written 

itinerary to the Animal Care Regional 

Director. The itinerary shall be received 

by the Animal Care Regional Director no 

fewer than 2 days in advance of any 

travel and shall contain complete and 

accurate information concerning the 

whereabouts of any animal(s) intended 

for exhibition at any location other than 

the person(s) approved site(s). 

(1) The itinerary shall include the 

following: 

(i) The name(s) of the person(s) who 

intends to exhibit the animal(s) and 

transport the animal(s) for exhibition 

purposes, including any business 

name(s) and current AWA license or 

registration number(s) and, in the event 

that any animal is leased, borrowed, 

loaned, or under some similar 

arrangement, the name of the person 

who owns such animal; 

(ii) The name, identification number 

or identifying characteristics, species 

(common or scientific name), sex and 

age of each animal; and 

(iii) The names, dates, and locations 

(with addresses), where the animals will 

travel, be housed, and be exhibited, 

including all anticipated dates and 

locations (with addresses) for any stops 

and layovers. 

(2) The itinerary shall be promptly 

revised, as necessary, to account for any 

changes. 

Done in Washington, DC, this 25th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–23679 Filed 9–30–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 0907301210–91239–01] 

RIN 0648–AX83 

Gulf of the Farallones and Monterey 

Bay National Marine Sanctuaries 

Regulations on Introduced Species 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Notice of proposed rulemaking; 

request for public comments. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

proposing to revise its regulations on 

the introduction of introduced species 

into the Gulf of the Farallones and 

Monterey Bay national marine 

sanctuaries (GFNMS and MBNMS, 

respectively). This action is being taken 

in response to a letter received by the 

Governor of California on December 23, 

2008. The Governor certified that the 

terms of designation to regulate 

introduced species in these sanctuaries 

were unacceptable in State waters of the 

sanctuaries. In response to the 

Governor’s letter, NOAA is proposing to 

modify its regulations to except all 

State-permitted aquaculture activities in 

the two sanctuaries. 

DATES: Comments must be received by 

November 16, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Electronic submission (preferred 

method): http://www.regulations.gov 

(search for docket # NOAA–NOS–2009– 

0105). 

• Mail: John Armor, Office of 

National Marine Sanctuaries, 1305 EastWest Highway, Silver Spring, Maryland 

20910. 

Instructions: All comments received 

are a part of the public record and will 

be generally posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. NOAA will 

accept anonymous comments (enter 

N/A in the required fields, if you wish 

to remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: John 

Armor, Office of National Marine 

Sanctuaries, 1305 East-West Highway, 

Silver Spring, MD 20910, or by phone 

at 301–713–3125. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. GFNMS and MBNMS Background 

NOAA established the GFNMS in 

1981 to protect and preserve a unique 

and fragile ecological community, 

including the largest seabird colony in 

the contiguous United States and 

diverse and abundant marine mammals. 

The GFNMS lies off the coast of 

California, to the west and north of San 

Francisco, and is composed of 1,279 

square statute miles (966 square nautical 

miles) of offshore waters and submerged 

lands thereunder. The sanctuary 

boundary extends out to and around the 

Farallon Islands and nearshore waters 

(up to the mean high water line) from 

Bodega Head to Rocky Point in Marin. 

For more information about the GFNMS, 

see http://farallones.noaa.gov. 

NOAA established the MBNMS in 

1992 for the purposes of protecting and 

managing the conservation, ecological, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS