[Federal Register: August 12, 2002 (Volume 67, Number 155)]
[Rules and Regulations]               
[Page 52393-52394]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au02-4]                         

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 93

[Docket No. 01-023-2]

 
Microchip Implants as an Official Form of Identification for Pet 
Birds

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations to allow the use of microchip 
implants as an acceptable form of identification for pet birds of U.S. 
origin returning to this country after being outside the United States. 
The regulations have previously provided only for the use of leg bands 
or tattoos to identify such birds, but microchips have become the 
preferred method of identification used by avian veterinary 
practitioners. This action provides for the use of an additional means 
of identifying certain U.S. origin pet birds while continuing to 
provide protection against the introduction of communicable poultry 
diseases into the United States.

EFFECTIVE DATE: September 11, 2002.

FOR FURTHER INFORMATION CONTACT: Dr. Sara Kaman, Senior Staff 
Veterinarian, Technical Trade Services, National Center for Import and 
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; 
(301) 734-8364.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR part 93 (referred to below as the 
regulations) regulate the importation of certain animals and birds, 
including pet birds, to prevent the introduction of communicable 
diseases of livestock and poultry.
    On January 11, 2002, we published in the Federal Register (67 FR 
1418-1419, Docket No. 01-023-1) a proposal to amend the regulations to 
allow the use of microchip implants as an acceptable form of 
identification for pet birds of U.S. origin returning to this country 
after being outside the United States.
    We solicited comments concerning our proposal for 60 days ending 
March 12, 2002. We received four comments by that date. They were from 
private citizens, one breeder, and one group of students who had 
conducted an informal survey of seven local avian veterinarians and pet 
stores. All of the commenters were in favor of allowing the use of 
microchip implants as an acceptable form of identification for pet 
birds of U.S. origin returning to this country after being outside the 
United States. One commenter did suggest that a public hearing might be 
necessary ``to provide affected parties an opportunity to present 
information that will later go into consideration as the final 
amendment is made.'' Given the limited scope of the rulemaking and the 
small number of commenters who responded to the proposal, we find that 
a public hearing is unnecessary.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The 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.
    We are amending the regulations to allow the use of microchip 
implants as an acceptable form of identification for pet birds of U.S. 
origin returning to this country after being outside the United States. 
The regulations have previously provided only for the use of leg bands 
or tattoos to identify such birds, but microchips have become the 
preferred method of identification used by avian veterinary 
practitioners. This action provides for the use of an additional means 
of identifying certain U.S. origin pet birds.
    The groups affected by this action are pet bird owners who travel 
with their birds outside the United States and microchip manufacturers. 
According to the port of entry records of the Animal and Plant Health 
Inspection Service (APHIS), approximately 400 bird owners traveled 
outside of the United States with their pet birds in calendar year 
2000. Under this final rule, those bird owners will be allowed to use 
microchip identification instead of the leg bands or tattoos that had 
been provided for by the regulations. Bird owners will benefit from 
this change because it is becoming more difficult to find a 
veterinarian who carries leg bands for pet bird identification, and 
tattoos are rarely used to identify birds any more. Microchips will 
thus make the task of identifying a pet bird before leaving the United 
States more convenient. In most cases, an APHIS inspector at the port 
of entry will be able use a microchip scanner to confirm the identity 
of the bird without handling the bird or removing it from the cage, 
thus avoiding additional stress on the bird.
    Bird owners who choose to identify their birds with a microchip 
will have to pay $25 to $40 per microchip plus the cost of the 
veterinary office visit to insert the microchip. The cost of the 
microchips is projected to be slightly higher than the conventional leg 
band, although current costs for leg bands and tattoos are not 
available due to the lack of veterinarians who will perform these 
services.
    Microchip manufacturers may benefit from a slight increase in 
microchip sales generated by this rule. It appears that all potentially 
affected microchip manufacturers (NAICS code 334111) are small 
entities, according to Small Business Administration criteria (i.e., 
1,000 or fewer employees).
    In summary, this rule provides pet bird owners with an additional 
means of identifying their pet birds while allowing APHIS to maintain 
the high level of security required in order to keep avian diseases, 
such as exotic Newcastle disease and highly pathogenic avian influenza, 
from entering the United States.

[[Page 52394]]

    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule: (1) Preempts all State and local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 93

    Animal diseases, Imports, Livestock, Poultry and poultry products, 
Quarantine, Reporting and recordkeeping requirements.


    Accordingly, we are amending 9 CFR part 93 as follows:

PART 93--IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND 
CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS 
OF CONVEYANCE AND SHIPPING CONTAINERS

    1. The authority citation for part 93 continues to read as follows:

    Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 
111, 114a, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.4.


Sec. 93.101  [Amended]

    2. In Sec. 93.101, paragraph (c)(2)(i) is amended by removing the 
words ``leg band or tattoo number'' and adding the words ``number from 
the leg band, tattoo, or microchip'' in their place and by removing the 
words ``leg band or tattoo on'' and adding the words ``number from the 
leg band, tattoo, or microchip on'' in their place.

    Done in Washington, DC, this 7th day of August 2002 .
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-20329 Filed 8-9-02; 8:45 am]
BILLING CODE 3410-34-P