Posted: Wednesday, December 31, 2008, 3:47 p.m., EST

The U.S. Department of Agriculture has extended the public comment period on a proposed rule that would add to the Animal Welfare Act (AWA) requirements for contingency planning and training of personnel by animal-research facilities, dealers, exhibitors, intermediate handlers and carriers. The new deadline is Feb. 20, 2009.

The Animal and Plant Health Inspection Service (APHIS) proposed the rule in October. The purpose, it said, was to better prepare licensees and registrants in the event of an emergency.

Currently, the only obligation for contingency planning by licensees and registrants covers water- and power-supply requirements at facilities housing marine mammals. Specifically, the facilities are required to submit written contingency plans to the Deputy Administrator of Animal Care regarding emergency sources of water and electric power should primary sources fail. Among other things, the plans must include evacuation plans in the event of a disaster and a description of backup systems and/or arrangements for relocating marine mammals requiring artificially cooled or heated water.

APHIS is proposing that all licensees and registrants, of which there are about 10,000, develop a contingency plan for all animals regulated under the AWA.

APHIS has identified a set of general criteria to which contingency plans would have to adhere. The plans would have to:

• Identify situations the facility might experience that would trigger the need for a contingency plan, including emergencies such as electrical outages, faulty HVAC systems, fires and animal escapes, as well as natural disasters the facility is most likely to experience.
• Outline specific tasks required to be carried out in response to the identified emergencies, including, but not limited to, detailed animal evacuation instructions or shelter-in-place instructions, and provisions for providing backup sources of food and water, as well as sanitation, ventilation, bedding, veterinary care, etc.
• Identify a chain of command and who (by name or by position title) will be responsible for fulfilling these tasks.
• Address how response and recovery will be handled in terms of materials, resources and training needed.

APHIS is also considering the development of a guidance document (or other means) to provide examples of elements that may be included in contingency plans.

Under the proposal, contingency plans would have to be made available to APHIS upon request, and research facilities would have to make the plan available to federal-funding-agency representatives. The plans would have to be in place 180 days after the amendment becomes effective and would have to be reviewed by the planner on at least an annual basis.

In addition, APHIS is proposing that personnel training take place within 60 days following the adoption of the contingency plan. The training could be developed and offered by the research facility, dealer, exhibitor, intermediate handler or carrier, or provided by an outside entity.

Click here to make a comment online.

Comment can be mailed to:

Docket No. APHIS-2006-0159
Regulatory Analysis and Development
PPD, APHIS, Station 3a-03.8
4700 River Road Unit 118
Riverdale, MD 20737

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