[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
________________________________________________________________________

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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0062.
    <bullet> 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:
    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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);
    <bullet> 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]]

    <bullet> 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;
    <bullet> 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;
    <bullet> 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
    <bullet> 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