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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Veterans Affairs Department

CFR Citation: 42 CFR Part 9

Docket ID: [Docket No. NIH-2007-0927]

RIN ID: RIN 0925-AA31

NOTICE: Part II

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Standards of Care for Chimpanzees Held in the Federally Supported Chimpanzee Sanctuary System

DATES: This final rule is effective on November 10, 2008. The incorporation by reference listed in the rule is approved by the Director of the Federal Register as of November 10, 2008.

DOCUMENT SUMMARY: The National Institutes of Health (NIH) is issuing standards to implement provisions of the Chimpanzee Health Improvement, Maintenance, and Protection Act (CHIMP Act) authorizing the Secretary of the Department of Health and Human Services (HHS) to develop and publish standards of care for chimpanzees held in the sanctuary system supported by federal funds authorized under the CHIMP Act. This regulation applies to only those facilities receiving federal funds as a part of the federally funded chimpanzee sanctuary system.

SUMMARY: Health and Human Services Department,

SUPPLEMENTAL INFORMATION

On December 20, 2000, the United States Congress enacted the Chimpanzee Health Improvement, Maintenance, and Protection Act of 2000 (Pub. L. 106551, ``CHIMP Act''). Section 1 of this law amended the Public Health Service (PHS) Act by adding section 481C (42 U.S.C. 287a3a). Section 481C authorizes the Secretary to provide for the establishment and operation of a sanctuary system to provide for the lifetime care of chimpanzees that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC), or other agencies of the Federal Government, and with respect to which it has been determined by the Secretary that the chimpanzees are not needed for such research (i.e., surplus chimpanzees).

Section 481C(d) directs the Secretary to establish, by regulation, standards of care for operating the sanctuary system to provide for the permanent retirement of surplus chimpanzees. These standards of care for chimpanzees must ensure the wellbeing of the animals and the health and safety of the animals and the people caring for them. On April 5, 2001, the Secretary delegated to the Director, NIH, authorities to establish and operate the sanctuary system. Subsequently, the Director, NIH, delegated the authorities to the National Center for Research Resources (NCRR). Consequently, NCRR has the lead responsibility for coordinating all efforts on behalf of the Department of Health and Human Services (HHS) concerning the sanctuary system for surplus chimpanzees from both Federal and nonFederal sources. Section 481C(e) authorizes the Secretary to make an award of a contract to a private nonprofit entity (i.e., Sanctuary Contractor) under which the entity has the responsibility of operating (and establishing, as applicable) the sanctuary system and awarding subcontracts to individual sanctuary facilities that meet established standards. The NCRR/NIH must approve both contractor and subcontractor awards and NCRR/NIH will verify contractor and subcontractor (if applicable) qualifications through facility site visits, review of written documentation submitted to the contractor, and evaluation of available and current resources.

The NCRR/NIH will ensure compliance with the standards of care regulation through site visits (at least annually or more often if necessary), review of quarterly and annual reports, and any other measures deemed appropriate by the NCRR/NIH Project or Contracts Officer. Noncompliance with these standards or any other federal or state regulations may result in the NCRR/NIH invoking the provisions of the contract that allows the Government to terminate the contract and/ or provide a management team to bring the sanctuary back into compliance. The sanctuary is covered by the Animal Welfare Regulations only if covered activities are performed. The CHIMP Act requires compliance with the Animal Welfare Act and the Federal contract and this regulation requires the Sanctuary Contractor to register with the United States Department of Agriculture (USDA) and agree to compliance inspections. Therefore, the USDA Inspectors responsible for enforcing the Animal Welfare Regulations will perform inspections for compliance with the Animal Welfare Regulations at a frequency and time determined by the USDA staff. Once the contractor becomes a Registered or licensed Facility, the USDA will report noncompliance to NCRR/NIH as appropriate. The NCRR/NIH representative will review USDA inspection reports during onsite visits in order to monitor compliance with these final standards of care regulation. The sanctuary must also adhere to U.S. Public Health Service Policy on the Humane Care and Use of Laboratory Animals. If and when any noninvasive studies allowed under the CHIMP Act and this regulation are proposed for chimpanzees in the sanctuary, the Sanctuary Contractor must obtain an Animal Welfare Assurance from the NIH Office of Laboratory Animal Welfare (OLAW) and comply with the provisions of the policy. Finally, the sanctuary must obtain accreditation or certification by a nationally or
internationally recognized body that performs such services. The sanctuary must achieve accreditation or certification within a reasonable period of time as determined by NCRR/NIH. In preparing these final standards of care, we considered the recommendations of the Board of Directors of the Sanctuary Contractor and the NCRR Chimpanzee Sanctuary Working Group and the applicable recommendations of the National Research Council made in its 1997 report entitled, ``Chimpanzees in ResearchStrategies for Their Ethical Care, Management, and Use.'' Individuals involved in developing
recommendations from these groups represented a variety of professional areas including, veterinary medicine, chimpanzee behavior, animal protection, facility management, and nonhuman primate research and care. We also consulted other publications, including: The Guide for the Care and Use of Laboratory Animals, published by the National Research Council (NRC), The Psychological WellBeing of Nonhuman Primates, also an NRC publication; the Public Health Service Policy on Humane Care and Use of Laboratory Animals; the accreditation guidelines used by the Association for the Assessment and Accreditation of Laboratory Animal Care, International, and the American Zoological and Aquarium Association; and the USDA Animal Welfare Regulations codified in various parts of title 9, chapter 1, Subchapter A of the Code of Federal Regulations (CFR).

We are amending title 42 of the CFR by adding a new part 9 to establish
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standards for operating the sanctuary system to provide for the permanent retirement of surplus chimpanzees. These standards of care apply to only the sanctuaries that are a part of the federally funded chimpanzee Sanctuary system. This final rule specifies the scope and specific standards that must be met by all contractors (primary or subcontractors) operating under the federally supported chimpanzee sanctuary system.

We announced our intention to issue the standards of care in the notice of proposed rulemaking (NPRM), ``Standards of Care for Chimpanzees Held in the Federally Supported Chimpanzee Sanctuary System,'' that we published in the Federal Register of January 11, 2005 (70 FR18431858). The NPRM provided for a 60day public comment period. In December 2007, the CHIMP Act was amended by the ``Chimp Haven is Home Act'' (Pub. L. 110170), which terminated the authority for the removal of chimpanzees from the sanctuary system for research purposes, although noninvasive behavioral studies [``noninvasive research''] as defined herein is still permitted on site. Conforming amendments have been made to the final regulation.

I. Public CommentsGeneral

We received 21 responses with 13 additional signatories (concurrences). The commenters generally expressed support for the regulation while taking the opportunity to comment on specific sections and paragraphs. One commenter stated the regulation was unnecessary because there are adequate regulations and policies already available to cover the care of chimpanzees in the sanctuary. However, the commenter expressed support given the fact that the regulation is in response to the CHIMP Act. Our consideration of and responses to the comments are discussed as follows.
Section 9.2 Definitions
Animal Care and Use Committee
(Comments) Several commenters objected to having a member of an animal protection organization (defined later in this section) on the committee, as set forth in the definition. They stated the individual(s) would hamper consensus and increase litigation. Another commenter noted the definition should clearly state that the requirement to have a member of an animal protection organization on the Animal Care and Use Committee (ACUC) is unique to this regulation and is not required by either the Animal Welfare Regulations or the Public Health Service Policy on the Humane Care and Use of Laboratory Animals. The commenter also noted the ACUC must also meet the requirements of the PHS Policy if noninvasive research is performed at the sanctuary.
(Response) We have revised the definition to indicate that the requirement for an animal protection organization member on the ACUC is unique to this regulation and is not required by the Animal Welfare Regulations or the Public Health Service Policy.
Animal Protection Organization
(Comments) Several commenters stated the definition allowed animal protection organizations to define themselves without any requirements for training, experience, or proven performance. The commenters expressed concern that these individuals could be appointed to the ACUC and the Sanctuary Chimpanzee Care Committee (SCCC) despite a lack of nonhuman primate/chimpanzee experience.
(Response) The intent of the requirement to have a member of an animal protection organization is to ensure that an animal advocate is on the SCCC. The definition in the proposed regulation accomplishes that purpose and is not changed. A representative of such an organization is still required to be a member of the ACUC and the SCCC. Exhibition
(Comments) Three commenters wrote that this definition needed further clarification to address visits by large groups that could be disruptive to the chimpanzees. Also, the commenters stated that the definition, as written, excludes limited viewing for educational purposes. They recommended the definition be modified to state that exhibition ``does not include limited viewing for educational purposes.''
(Response) We have modified the definition to state that the term exhibition ``does not include limited viewing for educational purposes that is not disruptive to the chimpanzees.''
Federally Owned Chimpanzees
(Comment) One commenter believed the definition should be broadened to include chimpanzees leased, loaned, or transferred to other biomedical/behavioral research facilities throughout the country. (Response) We do not agree with the commenter on this issue. If we were to expand the definition to the extent requested, the system would be overwhelmed and could not support the federally owned chimpanzees as currently defined.
Invasive Research
(Comment) One commenter noted that example 3 seemed to be a routine veterinary medical procedure and therefore should not be included in the definition of invasive research.
(Response) This example was not worded properly in the proposed rule. We have changed the example as follows: ``(3) Surgery or implantation of devices that are not a part of a veterinary medical treatment or colony management practice.''
(Comment) Another commenter noted that darting (example 8) is dangerous for chimpanzees and should only be used as a last resort for medical or other emergencies. The commenter also noted that personnel familiar to the chimpanzee in question should always be present if darting is necessary.
(Response) We believe the wording in this section appropriately addresses these issues and that rewording is unnecessary. Additionally, we might consider in the future incorporating into standard operating procedures a requirement that a person familiar with the chimpanzee be present at the time of darting, but not make it a regulatory requirement.

Section 9.3 Sanctuary Policies and Responsibilities

9.3(a)(4): (Comment) One commenter suggested this paragraph should read ``Prohibit any invasive research except as outlined in the CHIMP Act, but permit noninvasive studies.''
(Response) We have modified the wording to incorporate the above comment and to reflect the amendment of the CHIMP Act in December 2007 by the ``Chimp Haven is Home Act,'' which terminated the authority for the removal of chimpanzees from the sanctuary system for research purposes.

9.3(a)(5): (Comments) Three commenters felt only educational viewing through camcorders or nonintrusive electronic means should be allowed. Additionally, they stated the visitor centers should be located away from the chimpanzees so they would not disrupt the chimpanzees' daily lives. Another individual stated that limited viewing should be defined. Another commenter stated facility design must include cameras to minimize the impact of visitors.
(Response) We do not agree the regulation should require facilities to install cameras. We believe the sanctuary staff should have the [[Page 60412]]
flexibility to choose the technology needed to eliminate or reduce the impact of visitors on the chimpanzees. We agree that any visitor center associated with the sanctuary should be located in a manner that does not disrupt the chimpanzees' routine activities. Therefore, we have revised this paragraph to end with the phrase, ``that does not adversely affect the chimpanzees' routine.''

9.3(a)(7)(v): (Comments) Two commenters noted there are many Animal Protection Organizations (APOs) that focus on animal welfare, farm animals, endangered species, etc., and recommended that the individual represent an animal advocacy group with specific experience and expertise for advocacy for chimpanzees. One Commenter proposed the APO position be a rotating one (every three years) from a reputable sanctuary with experience in the care of chimpanzees formerly used in research. Two commenters stated there was no good reason to provide for an illdefined APO member on the SCCC.
(Response) We disagree that the restrictions noted by the five commenters should be included in this regulation. They are too restrictive and would likely limit the ability of the Sanctuary to attract a representative that satisfies the needs of their program.

9.3(a)(vi)(B): (Comments) Two commenters wrote that no program should be approved that interferes with the chimpanzees' wellbeing. (Response) We agree. We have revised the sentence to remove that statement.

9.3(7)(vi)(E): (Comments) One commenter stated there is a need to clarify the conditions under which the SCCC might function as an Animal Care and Use Committee. This commenter also questioned who appoints the members and evaluates the SCCC reports. One commenter noted if the ACUC reviews noninvasive study proposals, it must be constituted in accordance with the provisions of the PHS policy and the Animal Welfare Regulations (AWR). The same commenter suggested that anesthesia, euthanasia, and review of study proposals be addressed in separate paragraphs since study proposals must be reviewed by a PHS/AWR sanctioned ACUC.
(Response) We agree with the commenters that further clarification is needed to address the comments raised. We have revised 9.3(a)(vi)(E) to effect the desired clarifications, and we have added a new paragraph 9.3(a)(vi)(F) to address anesthesia and euthanasia.

9.3(a)(8): (Comments) Two Commenters strongly supported the rule requiring the prevention of reproduction in the sanctuary. They noted that offspring born in the sanctuary should remain with the mother until they are at least 4 years old; and offspring born in the sanctuary should belong to the sanctuary, not the Federal Government. (Response) The length of time that offspring stay with the mother should be addressed in sanctuary operating policy based upon best available information rather than in the regulation. We agree that the sanctuary should retain ownership of offspring born there. Therefore, we have amended 9.5(a) (Chimpanzee ownership, fees, and studies) to add a statement to that effect.

9.3(a)(9): (Comment) One commenter stated chimpanzees should not be discharged from the Sanctuary for any reason.
(Response) In December 2007, the Chimp Act was amended by the ``CHIMP Haven is Home Act,'' which terminated the authority for the removal of chimpanzees from the sanctuary system for research purposes.

9.3(a)(10): (Comments) Two commenters felt chimpanzees that are seropositive for, harbor, or have been exposed to infectious diseases should be socially housed with other chimpanzees that have a similar profile. One commenter indicated that the behaviorist should have experience working with chimpanzees with such exposures as well as disabled and old chimpanzees.
(Response) We appreciate the comments. However, we believe the issues raised are adequately covered under this section and, as written, the section allows the sanctuary to develop innovative ways to address these issues.

9.3(a)(11): (Comments) One commenter proposed the guidelines developed for accepting chimpanzees not owned by the Federal Government should be published for public comment.
(Response) We disagree. The CHIMP Act left this process to the Sanctuary Board of Directors with oversight from the Secretary, HHS. There was no requirement that guidelines for acceptance of non governmentowned chimpanzees be published for public comment.

9.3(a)(12) and (13): (Comments) Two commenters stated the location and numbering of this section implies that the Board of Directors (BOD) is subservient to the SCCC. They also suggested that we show the lines of authority from the BOD and the SCCC.
(Response) We agree the numbering and wording implies the Sanctuary BOD reports to the Sanctuary SCCC. This is not the case. We have corrected this error in the final regulation.

9.3(a)(13)(ii): (Comment) One commenter indicated that we should consider seeking input from persons who are experts on chimpanzees in the wild not just behavioral experts for captive chimpanzees. This description of behaviorist was paraphrased from the CHIMP Act and, as written, does not exclude a person with experience in the behavior of chimpanzees in the wild. We have decided not to change this paragraph.

9.3(a)(13)(iii): (Comments) One commenter expressed strong support for including a member of an animal protection organization (APO) on the SCCC and indicated that the organization represented should have demonstrated advocacy for chimpanzees. Two commenters believed the inclusion of representation from an APO would be counterproductive and should not be mandatory.
(Response) We consider the representation of an APO on the SCCC appropriate. The Sanctuary Director, with the approval of the Board of Directors, will select the APO representative with the mission of the sanctuary in mind.

9.3(a)(13)(iv): (Comment) One commenter suggested that a sentence be added indicating that any chimpanzee removed from the Sanctuary for invasive research in accordance with the CHIMP Act must be placed in a PHSassured facility.
(Response) In December 2007, the CHIMP Act was amended by the ``Chimp Haven is Home Act,'' which terminated the authority for the removal of chimpanzees from the sanctuary system for research purposes. Therefore, this paragraph was deleted in the final rule.

9.3(a)(14): (Comments) Two commenters stated that chimpanzees should not be removed from the sanctuary for any reason. One commenter further expressed support for the public comment period and stated that it should be extended from 60 to 90 days.
(Response) In December 2007, the CHIMP Act was amended by the ``Chimp Haven is Home Act,'' which terminated the authority for the removal of chimpanzees from the sanctuary system for research purposes. Therefore this paragraph was deleted in the final rule.
Section 9.4 Physical Facility Policy and Design
(Comments) One commenter stated strong support for the language present in the regulation that considers the
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psychological and behavioral wellbeing and the social needs of all chimpanzees transferred from the laboratories. The commenter also indicated the regulation should require that chimpanzees formerly living in groups should not be sent to the Sanctuary without members of that group. Also, volunteer staff should not be allowed contact with any chimpanzees until after a sixmonth training period in order to maintain stable human interaction.
(Response) We agree that the psychological wellbeing and social needs of the chimpanzees are important considerations and have retained language in the regulation that considers the psychological wellbeing and social needs of all chimpanzees transferred from the laboratories. However, to include provisions in the regulation that would require that all chimpanzees residing in a group be sent to the Sanctuary together would be overly restrictive to the operations of the Sanctuary. Mandating a sixmonth training period for volunteers also restricts the administrative discretion of the staff to determine when a volunteer is properly trained and when access to the chimpanzees is appropriate.
(Comment) One commenter strongly supported the need to provide a facility with sufficient space for chimpanzees to engage in a full range of speciesspecific activities.
(Response) We agree. The regulation as written requires such space. (Comments) Three commenters noted that the passage ``the safe and sanitary equipment for both the chimpanzees and their human counterparts'' was duplicative.
(Response) We agree and have removed the redundant sentence. (Comment) One commenter objected to simply stating ``the floor must not be slippery'' because some areas may be inherently slippery. The commenter suggested that we change the wording to state ``the floor must not be dangerously slippery.''
(Response) We believe that 9.4(a)(ii) necessitates that the enclosure ``prevent escape and injury to the chimpanzees''. Therefore, phrasing regarding the slipperiness of the floor is redundant and has been removed.
(Comment) One commenter indicated it was unnecessary to limit the sanctuary system to a particular climate because there are successful chimpanzee sanctuaries in varying climates.
(Response) We believe that 9.4 necessitates indoor and outdoor enclosures that permit natural activities of chimpanzees. Climate is therefore incorporated into the expectation of natural activities. (Comments) Three commenters indicated that the use of strong chain link fencing with curved barbed wire is not a barrier to chimpanzees and it should be deleted as an example.
(Response) We agree. We have removed this example from the final regulation.
(Comments) Two commenters stated that space heaters should not be used for closed, indoor quarters because they can lead to fires or other health hazards. One commenter stated that support for this regulation depends upon the indoor and outdoor housing areas providing temperatures that are comfortable for chimpanzees; outdoor areas providing shelter to escape extreme temperatures, if necessary; and the sanctuary providing mechanical systems to achieve these goals. (Response) We believe the regulation as written sufficiently addresses the concerns expressed by the commenter. We have revised the text to eliminate the reference to space heaters. Methods of providing for the comfort of the chimpanzees will likely vary depending upon the location of the facility.

Section 9.5 Chimpanzee Ownership, Fees, and Studies

9.5(a): (Comment) One commenter stated that the ownership of all chimpanzees in the federally supported sanctuary should belong to the sanctuary, not just the nonGovernmentowned ones.
(Response) The CHIMP Act specifically sets forth the requirement to transfer the title for nonGovernmentowned chimpanzees to the sanctuary. The Secretary uses the discretionary authority granted by the Act to retain Government ownership of federally owned chimpanzees. Therefore, we have made no changes in response to the comment.

9.5(b): (Comment) One commenter wrote that any chimpanzee from the four or five current biomedical research facilities currently housing chimpanzees for research should be exempt from entry fees.
(Response) The exemptions noted in this section are stated or implied in the CHIMP Act. The only biomedical research centers specifically exempted are the National Primate Research Centers.

9.5(b)(2): (Comments) One commenter suggested this paragraph should be amended to state that fees for nonGovernmentowned chimpanzees shall (rather than may) be levied in order to assure that adequate financial support is available. The commenter also suggested the paragraph should emphasize that the sanctuary is primarily for chimpanzees that are no longer needed for federally supported research. (Response) We note the concern of this commenter that the taxpayers are not committed to supporting chimpanzees from private entities. We have revised this paragraph to emphasize that while chimpanzees not owned or supported by the Federal Government may be accepted into the sanctuary, federal funds may not be used for their support, unless authorized by the Secretary or an authorized designee. We do not believe it is necessary to modify the current language to reiterate that the sanctuary is established primarily for chimpanzees that are no longer needed in federally funded biomedical research.

9.5(c)(3): (Comment) One commenter suggested adding a statement to this condition indicating that any chimpanzee owned by the Federal Government or a National Primate Research Center (NPRC), and available for transport, shall not be excluded from transport to the sanctuary because a lack of space exists.
(Response) It is unclear whether the commenter was implying that federally and/or NPRCowned chimpanzees shall have first priority for space in the sanctuary, or whether space must always be available to accept chimpanzees from these sources whenever they are made available. If it is the former, then the fact that first priority is given to federally owned (or supported) and NPRCowned chimpanzees is stated and/or implied elsewhere in this regulation and will be reemphasized here. If the reference is to the latter scenario, then the sanctuary will not be required to hold space for indefinite periods to accommodate unplanned transfer from these sources.

9.5(e): (Comment) One commenter wrote that the fees for accepting chimpanzees not owned by the Federal Government should be clearly defined in this regulation.
(Response) We disagree because any future changes in the fee structure would require revision of the regulation. Therefore, we have decided not to make any changes in response to the comment.

9.5(f): (Comments) Three commenters opposed the return to research of any chimpanzee in the sanctuary.
(Response) No invasive research will be allowed on chimpanzees in the sanctuary. However, the CHIMP Act does allow for noninvasive studies to be conducted in the sanctuary, provided the study does not affect the health,
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wellbeing, and social status of the chimpanzees. In December 2007, the CHIMP Act was amended by the ``Chimp Haven is Home Act,'' which terminated the authority for the removal of chimpanzees from the sanctuary system for research purposes. Therefore, all references to the procedures for returning chimpanzees to research were deleted from the final rule.
Section 9.6 Animal Care, WellBeing, Husbandry, Veterinary Care, and Euthanasia

9.6(a): (Comment) One commenter indicated support for language that considers the psychological and behavioral wellbeing and the social needs of the chimpanzees transferred from research laboratories. The commenter also noted the regulation should require that chimpanzees that formerly lived in a group should not be sent to the sanctuary without all members of that group, and that volunteer staff should be trained for at least 6 months before having direct contact with the chimpanzees. Actions expressed in the latter statement are deemed necessary to maintain stable humanchimpanzee interaction.
(Response) We do not agree that all chimpanzees belonging to a group prior to assignment to the sanctuary must be transported together as a group. Mandating the entities involved to follow such strict requirements is not practical. Nor do we agree that the regulation should set rigid standards mandating 6 month training regarding volunteers or other employees. These activities are best handled through policies developed by the sanctuary and monitored by the appropriate oversight agencies.
(Comments) Three commenters suggested (1) the reference to a cleaning schedule for indoor enclosures be changed to read ``Indoor primary enclosures must be cleaned as often as required to maintain a clean and healthy environment, with a minimum of once daily''; (2) the outdoor enclosure must be monitored and cleaned on a routine basis, with routine defined as requiring daily monitoring and cleaning at least 3 times weekly; and (3) the phrase ``if appropriate'' should be removed as chimpanzees need food, water, and bedding at all times. (Response) We believe 9.6(b) as revised addresses these concerns. The sanctuary system will gain experience with proper husbandry and dietary care, and this regulation provides sufficient flexibility for achieving the primary goal of promoting the chimpanzees' wellbeing. Specifically, the revised regulation states that chimpanzees ``must have access to food, water, and bedding at all times, unless medical or behavioral conditions dictate otherwise.''
(Comment) One commenter suggested the reference for cleaning, feeding, and watering implements should be changed from the ``Guide'' to the Animal Welfare Regulations, paragraph 384.
(Response) The Guide is used as a reference for compliance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals and thus is appropriate for this regulation. Compliance with the Animal Welfare regulations is also mandatory.
(Comments) Three commenters supported keeping chimpanzees in pairs or larger groups and indicated the allowance for solitary needs further definition, i.e., specific medical and behavioral conditions that require solitary housing should be enumerated. The psychological determent must be considered before allowing solitary housing. (Response) We agree that chimpanzees should be housed in groups of 2 or more and that the psychological ramifications of solitary housing be considered before it is done. We disagree with the suggestion to more specifically define the medical and behavioral conditions that require solitary housing. This determination should be made by the veterinarian and behaviorist.
(Comments) Several commenters also suggested that we should include running as a speciesspecific behavior.
(Response) We agree, and we have added running as a species specific behavior.
(Comments) Three commenters indicated the requirement to have outdoor housing that must include elements of natural habitats such as trees, shrubs, grasses, potable water for drinking, and natural and artificial shelter would not be practical. They suggested this standard be applied only to facilities that have outside ranging areas. (Response) Section 9.4 addresses the comment that outdoor areas provide sufficient space, habitat, and structures.
(Comments) Three commenters wrote this section did not sufficiently address enrichment and stated that more specific details were needed such as a list of items to be available, a list of prohibited items, and a list of social activities between chimpanzees and caregivers. (Response) We do not agree that very specific details are needed in the regulation. To do so would be too prescriptive and would discourage innovation and variety. We have added a sentence to indicate that enrichment techniques used should be those currently accepted practices.
(Comments) Two commenters expressed strong support for the requirement that chimpanzees be able to retreat when threatened. (Comment) One commenter indicated that the site should have enough structures/areas to provide refuge and shade for all group members. (Response) We agree. These concerns have been addressed in other sections of the regulation.
(Comments) One commenter supported the requirement to provide challenging feeding techniques. Three commenters addressed specific areas within this section. These areas were (1) the statement that commercial diet should be supplemented by natural foods should be revised to read that natural diet should be supplemented by commercial diet; (2) the statement that enrichment food must be provided a minimum of twice daily to engage chimpanzee interest; and (3) the need to include appropriate rodent and pest control measures, especially in a semitropical and tropical environment.
(Response) We believe the regulation provides sanctuary staff the flexibility to develop and implement innovative enrichment feeding schedules that might include an effective onceaday feeding plan. The Facility Director and other staff are expected to provide appropriate care for chimpanzees, which would include appropriate rodent and pest control. As the regulation requires the sanctuary to be accredited by an outside organization, we expect that rodent and pest control will be addressed to achieve full accreditation.
(Comments) Four commenters stated this section should specifically outline or define the methods to be used to train chimpanzees to present arms for collection of blood collection or maintain previously learned related behaviors (more specifics needed on training and oversight). Also, commenters indicated that using punishment and negative stimuli should not be allowed.
(Response) We disagree that the regulation should outline specific methods that are allowed or not allowed for training chimpanzees to participate in certain clinical procedures. The law requires the sanctuary to use acceptable methods that represent current practices. We agree that physical punishment should be used only in life threatening situations and should not be used routinely. We have revised the section to include the requirement to use current acceptable practices that do
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not include physical punishment except in lifethreatening conditions involving other chimpanzees or humans.
(Comments) We received several comments that paragraph 9.6(b)(3) in the notice of proposed rulemaking includes one comment indicating that information in that paragraph was redundant with information presented in section 9.7.
(Response) We agree the information here is redundant with the information presented in section 9.7. Therefore, we have deleted this paragraph and have addressed comments on this topic in section 9.7. (Comments) Two commenters noted the regulation does not specifically address housing individuals with infectious diseases with healthy animals. They noted healthy chimpanzees should not be exposed or placed at risk by infected animals.
(Response) We agree. The regulation, as revised, expects the facility to be appropriately designed to reduce exposure. Additionally, the Facility Veterinarian is expected to have appropriate expertise to address infectious diseases.
(Comments) Five commenters expressed concern that anesthesia, if used to perform annual physicals, may place chimpanzees at risk and should not be used routinely. Visual observation and medical history should be sufficient in most cases. One commenter suggested that if anesthesia was necessary, the physical should be done when a chimpanzee is anesthetized for other reasons.
(Response) We agree that there can be risks associated with general anesthesia. However, the veterinarian is medically trained to assess and accommodate for the risk factors involved. The regulation as written does not specify that the physical must be done under general anesthesia. However, for safety reasons for both the chimpanzee and the individual performing the physical, it may be the logical thing to do. The Facility Veterinarian must use sound professional judgment in deciding when and if general anesthesia is needed or whether visual and historical information is sufficient. A statement to this effect has been added to this paragraph.
(Comment) One commenter stated that complete veterinary records and a comprehensive health history must accompany every chimpanzee sent to the sanctuary. The commenter noted that records of this sort were not required under Section 9.6, Animal care, Wellbeing, Veterinary care, and Euthanasia. We presume the comment is noted in regards to using the medical history to determine the frequency and extent of the annual physical examination.
(Response) We disagree. We believe the medical records noted are required by this regulation. The requirement to submit complete records with chimpanzees accepted into the sanctuary can be found in one or more of the following sections: 9.5(d), 9.6, and 9.8(a)(3). We have added wording to section 9.6 to further emphasize the need for a complete medical history. The CHIMP Act states that the Secretary may deny a chimpanzee entry into the sanctuary if the complete medical and research history is not available.
(Comment) One commenter noted euthanasia for a chimpanzee with tuberculosis should be done only as a last resort.
(Response) We agree and believe the current wording encompasses the commenter's concern.
(Comment) One commenter stated that collection and banking of serum should only occur if it has a direct effect on the chimpanzees' health and not for research.
(Response) We agree and have added the appropriate wording to this paragraph.
(Comments) One commenter noted that additional tests should only be conducted if necessary for the health and safety of the chimpanzees. The commenter also suggested the Facility Veterinarian should consult with the veterinarian from the donating institution to gain additional information in order to eliminate the possible need for anesthesia. (Response) We agree that additional tests should only be done for the health of the chimpanzee. We have revised this paragraph to clarify that point. We believe that requiring the Facility Veterinarian to consult with another veterinarian in the case would be inappropriate. However, nothing in the regulation precludes the facility veterinarian from holding such consultation.
(Comments) Two commenters stated that abnormal behavior and efforts to manage it should be clearly defined. Also, they noted the minimal provisions set forth in this paragraph were insufficient.
(Response) We disagree. The behaviorist and other professionals at the Sanctuary must be properly trained and capable of defining and implementing the specific plan for each chimpanzee without the constraints of specifics in the regulation. The plan and intervention will be reviewed by the appropriate federal officials when conducting inspections.
(Comments) One commenter indicated support for the language that emphasizes minimizing the use of physical and chemical restraints. Two commenters noted we need to explicitly define procedures for training chimpanzees to participate in certain activities in order to avoid the use of physical constraint. Further, the commenters stated that methods must not include any negative stimuli or punishment. Finally, they noted physical restraint should be prohibited unless methods are approved by the Board of Directors (no approval for research purposes). (Response) We do not agree that the regulation must provide explicit detailed procedures for training chimpanzees to participate in certain activities in order to avoid the use of physical restraint. The specific methods are more appropriately left to the Sanctuary professional staff with oversight by the Board of Directors and appropriate Federal officials. The prior approval of training and restraint methods by the Sanctuary Board of Directors is expected to be handled by institutional policies and procedures if deemed appropriate by the sanctuary administration.
(Comments) Six commenters raised questions about what constituted adequate staff and staffing ratios for emergency, weekend, and holiday coverage. Two of these commenters also stated that Sanctuary staff and caregivers should be given radios for emergency communication. (Response) The issue of appropriate staffing is addressed under sections 9.6 and 9.9. Experience will dictate the number and ratio of staff needed to provide adequate care for chimpanzees in the sanctuary environment. Insurance of communication devices is appropriately handled by institutional policies and procedures as opposed to specification in this regulation.
(Comments) Six commenters suggested changes to the paragraph regarding euthanasia. Several indicated that the sanctuary should have a policy on euthanasia from either the SCCC or the Board of Directors. Some stated that with preexisting endpoints, the veterinarian would have some guidance in exercising professional judgment for performing euthanasia to relieve pain and/or suffering in a timely manner with SCCC review after euthanasia. Three of the commenters believed the decision to euthanize a chimpanzee should not be left to an individual veterinarian but the regulation should require consensus of at least two veterinarians.
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(Response) We agree that the sanctuary must have a policy on euthanasia that, at a minimum, outlines when, why, how, and by whom euthanasia will be performed. The requirement to have a policy on euthanasia is stated elsewhere in the regulation, but we have added a sentence to that effect in this paragraph. However, the decision to euthanize a chimpanzee for medical reasons to relieve pain and/or suffering for humane reasons remains with the Facility Veterinarian. Section 9.7 Reproduction
(Comments) Three commenters stated that offspring accidentally born in the sanctuary should be allowed to remain with the mother for a period of at least four years (or in one commenter's opinion, for life). If this is not possible, then the offspring should be placed with a surrogate mother.
(Response) There was disagreement among the experts who we consulted concerning the specific length of time offspring should remain with the mother. Therefore, we have added a sentence in this paragraph that states, in essence, that the sanctuary must have a contingency for handling births in the colony including the length of time the offspring should remain with the mother.
Section 9.8 Animal Records
(Comments) Five commenters raised questions about the method(s) of identification of chimpanzees and the need to define which agency will track chimpanzees for life and the methods used for identification. They noted that identification methods should be noninvasive and exclude tattoos unless the chimpanzee is already tattooed.
(Response) The vast majority of chimpanzees entering the sanctuary will already be identified. It is possible that chimpanzees entering from a private entity may not be permanently identified. The sanctuary must then determine the appropriate method of identification. We have decided to retain the wording used in the proposed regulation. (Comments) Two commenters questioned whether the records or reports will be available to the public. One commenter suggested that reports should be published in the Federal Register.
(Response) There is no requirement in the CHIMP Act to publish reports pertaining to the Sanctuary in the Federal Register, and we have no plan to do so. The Agency's Sanctuaryrelated records will only be available using existing federal laws for obtaining information from federal agencies.
(Comments) Two commenters stated that all necropsy records should be publicly available and published in the Federal Register. One commenter noted that the necropsy records should be reasonably available to any veterinarian caring for chimpanzees formerly used in research. To do otherwise is perceived to not recognize the importance of such information for the care and wellbeing of formerly used or supported chimpanzees.
(Response) The CHIMP Act specifies the distribution of necropsy records. We believe the current wording captures the essence of congressional intent. Therefore, we have decided not to change the wording in this section.
Section 9.9 Facility Staffing
(Comment) One commenter provided general comments stating that reasons for dismissal of staff should be recorded (ethics, attitude, misconduct, etc.). Also, rules should prohibit individuals with communicable disease from direct contact with chimpanzees.
(Response) We do not agree that the above items should be a part of the regulation. Documentation of actions taken against staff is governed by human resources policies that are not appropriate for inclusion in the regulation. Identification of communicable diseases that could affect chimpanzees and the restriction of staff direct contact with chimpanzees are issues best dealt with via the veterinary care and occupational health policies and procedures of the sanctuary. (Comments) Two commenters indicated that the staffing ratio should be sufficient to maintain an effective program of behavioral enrichment.
(Response) We agree and have added a phrase indicating that sufficiently trained staff for behavioral enrichment must be available. (Comments) Three commenters stated the section on signs of well being should be revised to read that staff is trained to recognize all forms of distress, not just illness, and that signs of physical and psychological wellbeing are monitored.
(Response) We do not agree that the sentence in question needs to be revised. We believe it encompasses all issues of wellbeing as written.
(Comments) Two commenters indicated this paragraph should be more specific about the number or ratio of veterinarians needed for the sanctuary. One of the commenters suggested an explicit ratio should be recommended by the Board of Directors.
(Response) We disagree with the need to provide more specific numbers and ratios of veterinarians needed. We believe conditions may vary and capturing every possible variation in the regulation is not practical. The number needed is best deferred to the sanctuary administration that may or may not include recommendations from the Board of Directors, and will be assessed by the NIH staff. The adequacy of the veterinary care program will be monitored by federal agencies and, upon accreditation, the accrediting agency.
(Comment) One commenter stated the behaviorist's experience must also include working specifically with nonhuman primates during the introduction and formation of social groups. If they are unsuccessful in group formation, then they should consult with chimpanzee experts outside of the facility. The behaviorist should have access to the donating institution in order to observe behavior of incoming chimpanzees and discuss plans with individuals on site.
(Response) We believe the description of the behaviorist's qualifications as described in the existing paragraph is adequate. The comments provided are relevant but detailed description of the qualifications should be left to Sanctuary administration and staff. Section 9.13 Other Federal Laws, Regulations, and Policies That Apply to This Part
(Comments) Three commenters noted that a segment of the Animal Welfare Regulations applicable to the chimpanzees in the sanctuary was omitted from section 9.13. The segment to which the commenters referred is AWR Part 3, Subpart D, ``specifications for the humane handling, care, treatment, and transport of nonhuman primates.''
(Response) We agree that a segment of the AWR was inadvertently omitted. We have included it in the final regulation.
(Comment) One commenter strongly suggested we should add State and Federal laws relating to human health and safety and environmental issues.
(Response) Any reference to state laws would have to be general since the states that may house sanctuary facilities are unknown at this time. In regards to federal laws mentioned, several of the laws the commenter had in mind are already applicable by virtue of the nature of the business of the entity, i.e., OSHA, EPA, etc. Other Federal laws or regulations that are applicable to the general nonhuman primate community are not applicable to the federally supported chimpanzee
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sanctuary system because there will be no importation, invasive research, or air transportation of chimpanzees.

II. Changes Made in Response to Comments

We have made the following changes to the regulation in response to the comments that we received following publication of the notice of proposed rulemaking.
Section 9.2 Definitions

Animal Care and Use Committee

We have revised the definition of the term Animal Care and Use Committee (ACUC) to indicate that the requirement for a member of an animal protection organization member on the Committee is unique to this regulation and is not required by the Animal Welfare Regulations or the Public Health Service Policy.

Exhibition

We have revised the definition of Exhibition to state that it does not exclude limited viewing for educational purposes that is not disruptive to the chimpanzees.

Invasive Research

The example was not worded correctly in the proposed rule. We have modified the example to read as follows: ``(3) Surgery or implantation of devices that are not a part of a veterinary medical treatment or colony management practice.''

Additionally, we have deleted our previous reference to the term ``ISIS'', the acronym for the International Species Information System, because the agency no longer tracks chimpanzees in the Sanctuary. Section 9.3 Sanctuary Policies and Responsibilities

We have revised paragraph 9.3(a) to read as follows: (a) What are the policies and responsibilities governing the Sanctuary system? The policies and responsibilities of the Sanctuary system are to
(1) Appoint a Board of Directors (BOD) responsible for the overall governance and direction of the Sanctuary. The BOD shall designate the Chief Executive Officer (CEO), who is responsible for the management and oversight of the daily operations of the Sanctuary and the performance of other delegated tasks. Subcontractors, if applicable, shall be governed by the policies that are developed by the Board of Directors of the primary contractor. In addition, the BOD shall: (i) Ensure that chimpanzees accepted into the Sanctuary are not discharged;
(ii) Develop guidelines for accepting chimpanzees not owned by the Federal Government into the sanctuary if the conditions are met as outlined in 42 U.S.C. 287;
(iii) Ensure that the Board of Directors of the primary contractor consists of no more than thirteen (13) individuals, and that the conditions governing the terms of the Board members are in compliance with the CHIMP Act;
(iv) Include individuals with the following expertise and experience as set forth in the CHIMP Act;
(A) At least one veterinarian who is qualified in veterinary care of nonhuman primates. These qualifications may be met through postdoctoral training, experience, or both;
(B) Individual(s) with expertise and experience in zoological science and with knowledge in behavioral primatology;
(C) Individual(s) with experience in the animal protection field; (D) Individual(s) with experience and expertise in the field of business and management of nonprofit organizations;
(E) Individual(s) knowledgeable and experienced in accrediting programs of animal care;
(F) Individual(s) with experience and expertise in containing biohazards;
(v) Ensure that a member of the Board of Directors serves as the Chair of the Board of Directors, who may be elected or appointed by the Board from among the individuals identified in paragraphs (a)(1)(iv)(A) through (F) of this section;
(vi) Ensure that no member of the board shall have been fined for, or signed a consent decree for, any violation of the Animal Welfare Act;
(vii) Ensure that a chimpanzee may not be removed from the sanctuary for research purposes;
(viii) Create a safe and speciesappropriate physical and social environment for the lifetime care of chimpanzees;
(ix) Comply with all applicable provisions of the animal welfare regulations and other federal, state, and local laws, regulations, and policies;
(x) Achieve accreditations from appropriate accrediting bodies within a reasonable timeframe mutually agreed upon by the contractor and NCRR;
(xi) Prohibit any invasive research on the resident chimpanzees, but permit noninvasive and behavioral studies. Definitions for the terms invasive and noninvasive are set forth in Sec. 9.2 of this part; (xii) Prohibit exhibition of chimpanzees in the sanctuary [This policy does not prohibit educational activities that may involve limited viewing of chimpanzees in their environment and that are designed to promote an understanding of chimpanzee behavior, well being, or importance to the ecological system that does not adversely affect the chimpanzees' routine.];
(xiii) Staff the organization with people with appropriate experience; and
(xiv) Authorize the establishment of a Sanctuary Chimpanzee Care Committee (SCCC) that is appointed by and reports to the CEO or President of the company or corporation. The SCCC is responsible for overseeing the chimpanzee care program and operations to ensure that the health and wellbeing of the chimpanzees and the occupational safety of the staff are being addressed. The Committee must consist of no fewer than five people who must include:
(A) A chairperson knowledgeable of the needs of chimpanzees; (B) A veterinarian with chimpanzee care experience;
(C) A behaviorist with experience in chimpanzee behavior; (D) A member of the chimpanzee care staff; and
(E) Member or members from the community, including at least one with affiliation or employment with an animal protection organization as defined in Sec. 9.2 of this part. (Note, this provision is unique to these standards of care and is not required by the Animal Welfare Regulations or the PHS Policy.)
(F) The SCCC will:
(1) Oversee and evaluate the chimpanzee care and socialization program;
(2) Review and approve proposed education programs. No program should be approved that might interfere with the chimpanzees' well being or routine activities;
(3) Conduct a formal review of the program on a semiannual basis and submit reports to the Sanctuary director. The reports must be available for review by the USDA and NIH representatives during site visits;
(4) Establish a mechanism for receipt and review of concerns involving the care of chimpanzees and resolving such concerns; (5) Review all such study proposals. The SCCC membership may require additional qualified individuals to perform the functions of an Animal Care and Use Committee (ACUC) if and when the need arises. The Contractor may establish a separate ACUC. The ACUC must be established in accordance with the applicable provisions of the Animal Welfare Regulations and the Public
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Health Service Policy on Humane Care and Use of Laboratory Animals; (6) Review all euthanasia events. Euthanasia events performed for medical or humane reasons must be based upon sound professional veterinary judgment that conforms to current veterinary medical practices and must be in the best interest of the chimpanzee. Euthanasia performed for emergency reasons without advance review by the SCCC shall be reviewed by the SCCC as soon as possible after the event to ensure compliance with established policy;
(7) Establish procedures to prevent any reproduction in the colony through appropriate permanent birth control, preferably by vasectomy of all sexually mature male chimpanzees in the sanctuary; and
(8) Develop procedures for maintaining chimpanzees that are seropositive for or harboring infectious agents or previously have been exposed to infectious agents (whether experimentally induced or naturally occurring), that will allow them to be accepted by the sanctuary and properly housed. The procedures must be submitted to the NCRR for approval.

Section 9.4 Physical Facility Policies and Design

We have revised the regulation in response to the comments that we received following publication of the notice of proposed rulemaking. Specifically, to improve the clarity of the regulation, we have made several revisions to the proposed 9.4 and renumbered the section accordingly. Statements in the proposed section that were determined to be redundant or superfluous relative to other sections in the regulation have been deleted.

The revised section reads as follows.
(a) What standards apply to the facility design and physical plant? The chimpanzee Sanctuary facility must be designed to provide sufficient space and variety of natural or artificial objects to accommodate natural activities of chimpanzees while restricting their movement and range to the defined area. Daily observation of chimpanzees within the enclosures is required and shall be accomplished with minimal disturbance to the chimpanzees. The facility design and physical plant should be in accordance with the recommendation of The Guide for the Care and Use of Laboratory Animals (Guide), where applicable. The Guide is published by the National Research Council, 1996, International Standard Book Number 0309053773. The Guide is incorporated by reference in this section. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the publication from the National Academy Press, 2101 Constitution Avenue, NW., Lockbox 285, Washington, DC 20055; or you may order it electronically via the Internet at http://www.nap.edu; or view it online at http://oacu.od.nih.gov/regs/guide/guidex.htm. You may inspect a copy at NIH, NCRR, 1 Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 208174874, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 2027416030, or go to http://www.archives.gov/ federal_register/code_of_federal_regulations/ibr_locations.html. (i) The facility design and physical plant consist of the following components: Indoor design features; outdoor design features; construction and construction materials; physical barriers; shelter; service support space, including storage areas for food, supplies, and equipment; personnel and administrative support space; quarantine and isolation facilities; treatment area; heating, ventilation, and air conditioning (HVAC); food preparation area; and animal waste treatment. (ii) A housing system shall include indoor and outdoor enclosures that must be kept in good repair to prevent escape and injury to the chimpanzees, promote physical comfort, facilitate sanitation and servicing, and address the psychological wellbeing and social needs of the chimpanzees. Chimpanzees must be able to retreat from areas where they feel threatened or agitated by close human encounters or encounters with other chimpanzees.
(iii) Indoor areas shall have special areas for social introductions and medical treatment. Quarantine and isolation facilities are required for the Sanctuary. These facilities must be designed to prevent the spread of undesirable agents from quarantine and isolation rooms to other parts of the facility.
(iv) Outdoor areas must provide sufficient ranging space and either natural or artificial structures that chimpanzees can use for shelter or nesting areas to sleep, rest, or seek refuge from rain, direct sun, wind, and extreme temperatures.
(v) Animal waste from the sanctuary must be properly treated to remove known hazardous agents before discharging it into the environment in accordance with currently acceptable and effective waste treatment procedures, including current industry standards and federal laws, regulations or guidelines, as applicable.
(vi) An area for treatment of and performing veterinary clinical procedures on chimpanzees must be provided at each sanctuary site. This area must be constructed and provisioned to perform emergency procedures, including minor surgery and emergency surgical procedures, complete physical examinations, and facilities for extended care of medical conditions as needed.
(b) What security measures are required for the sanctuary? The sanctuary must provide adequate security against unauthorized entry, sabotage, malicious damage, and theft of chimpanzees and property and must minimize any chance of escape by a chimpanzee.

The security staff must have training and/or experience in methods and equipment designed to detect possible security breaches and the ability to respond to security events in a timely and effective manner. Perimeter containment shall be used to protect the compound housing the chimpanzees consistent with the recommendations of the Guide (incorporated by reference, see paragraph (a) of section 9.4). (c) Is the sanctuary required to develop disaster and escaped animal contingency plans? The sanctuary facility must prepare disaster and escaped animal contingency plans outlining simple and easy to follow plans for dealing with natural and manmade disasters and steps to be taken in case a chimpanzee escapes from the compound. The sanctuary also must provide adequate security against unauthorized entry, sabotage, malicious damage, and theft of chimpanzees and property and must minimize any chance of escape by a chimpanzee. Primary barriers must be constructed to prevent escape of chimpanzees and secondary or perimeter barriers must prevent entry of unauthorized persons into the facility, consistent with the recommendations of the Guide (incorporated by reference, see paragraph (a) of section 9.4). Section 9.5 Chimpanzee Ownership, Fees, and Studies

We have revised paragraph 9.5(b)(2) to emphasize that although chimpanzees not owned or supported by the Federal Government may be accepted into the sanctuary, federal funds may not be used for their support, unless authorized by the Secretary or an authorized designee. [[Page 60419]]
Section 9.6 Animal Care, WellBeing, Husbandry, Veterinary Care, and Euthanasia

We have revised the regulation in response to the comments that we received following publication of the notice of proposed rulemaking. Specifically, to improve the clarity of the regulation, we have made several revisions to the proposed 9.6 and renumbered the section accordingly. Statements in the proposed section that were determined to be redundant or superfluous relative to other sections in the regulation have been deleted.

The revised section reads as follows.
(a) What are the requirements for promoting the wellbeing of sanctuary chimpanzees? The goal of chimpanzee housing and management in the Sanctuary is to promote the chimpanzees' wellbeing.
(b) What are the provisions for daily chimpanzee husbandry and care? Adequate and proper care for chimpanzees in the sanctuary must be provided with respect to physical environment, housing and husbandry, behavioral management, and population management and control. Specific requirements include the following:
(i) Chimpanzees must have access to food, water, and bedding at all times, unless medical or behavioral conditions dictate otherwise. Husbandry procedures shall represent current policies and practices and conform to standards set by a nationally recognized accrediting association in accordance with the Guide (incorporated by reference, see paragraph (a) of section 9.4).
(ii) Indoor primary enclosures must be cleaned as often as required to maintain a clean and healthy environment, with a minimum of once daily. Outdoor enclosures must be monitored daily and cleaned on a routine basis. Outdoor ranging areas will not require a routine cleaning schedule but must be monitored for excessive accumulation of waste or other unhealthy conditions. Housing areas shall provide sufficient space for chimpanzees to perform spe

FOR FURTHER INFORMATION CONTACT Jerry Moore, NIH Regulations Officer, Office of Management Assessment, National Institutes of Health, 6011 Executive Boulevard, Suite 601, MSC 7669, Rockville, Maryland 20892, or telephone 3014964607 (not a tollfree number).