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

75635

Vol. 65, No. 233

Monday, December 4, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 1

[Docket No. 99–087–1]

Licensing and Inspection

Requirements for Dealers of Dogs

Intended for Hunting, Breeding, or

Security Purposes

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We propose to amend the

Animal Welfare regulations to reflect

our policy of regulating wholesale

dealers of dogs intended for hunting,

breeding, or security purposes. We

currently regulate these dealers under

the same regulations in place for

wholesale dealers of other dogs. This

action would make the regulations

consistent with our policy and would,

therefore, clarify licensing and

inspection requirements for affected

dealers of dogs intended for hunting,

breeding, or security purposes.

DATES: We invite you to comment on

this docket. We will consider all

comments that we receive by February

2, 2001.

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 99–087–1,

Regulatory Analysis and Development,

PPD, APHIS, Suite 3C03, 4700 River

Road, Unit 118, Riverdale, MD 20737–

1238.

Please state that your comment refers

to Docket No. 99–087–1.

You may read any comments that we

receive on this docket 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.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr.

Jerry DePoyster, Senior Veterinary

Medical Officer, Animal Care, APHIS,

4700 River Road Unit 84, Riverdale, MD

20737–1234; (301) 734–7586.

SUPPLEMENTARY INFORMATION:

Background

The Animal Welfare Act (AWA) (7

U.S.C. 2131 et seq.) requires certain

dealers to obtain a license from the

Secretary of Agriculture in order to buy

or sell animals. The AWA further

authorizes the Secretary of Agriculture

to promulgate standards and other

requirements regarding the humane

handling, care, treatment, and

transportation of certain animals by

these regulated dealers, as well as by

research facilities, exhibitors, and

carriers and intermediate handlers. The

Secretary has delegated responsibility

for administering the AWA to the

Administrator of the Animal and Plant

Health Inspection Service (APHIS) of

the U.S. Department of Agriculture

(USDA). Regulations established under

the AWA are contained in the Code of

Federal Regulations (CFR) in title 9,

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 contains general requirements

for regulated parties. Part 3 contains

specific requirements for the care and

handling of certain animals. Subpart A

of part 3 contains the requirements

applicable to dogs and cats.

Section 4 of the AWA (7 U.S.C. 2134)

requires that a dealer may not sell an

animal to a research facility, or for use

as a pet or for exhibition, until he or she

first obtains a license from the

Secretary. Section 4 also requires a

dealer to have a license to buy from or

sell to another dealer (i.e., at wholesale).

Because dogs sold for hunting, breeding,

or security purposes are not sold to

research facilities, or for use as pets or

for exhibition, dealers in these dogs do

not need a license to buy or sell them

unless they do so at wholesale.

Section 13 of the AWA (7 U.S.C.

2143) directs the Secretary to

promulgate standards of care with

which regulated dealers must comply.

Because section 4 of the AWA requires

the regulation only of wholesale dealers

of hunting, breeding, and security dogs,

retail dealers of such dogs are not

subject to the standards promulgated

under section 13 of the AWA.

In accordance with the AWA, on July

19, 1999, we published in the Federal

Register (Docket No. 97–018–4, 64 FR

38546–38548) a decision and policy

statement that notified the public that,

among other things, it is now our policy

to license and inspect wholesale dealers

of dogs intended primarily for hunting,

breeding, or security purposes. This

means that we currently regulate these

dealers under the same regulations in

place for wholesale dealers of other

dogs. We instituted this policy to help

ensure the humane handling, care, and

treatment of hunting, breeding, and

security dogs.

However, the regulations at § 2.1

require that all dealers of dogs must be

licensed and inspected. Our current

definition for ‘‘dealer’’ in § 1.1 includes

both wholesale and retail dealers of

hunting, breeding, and security dogs.

These provisions are inconsistent with

our published policy.

Therefore, we propose to amend the

regulations to require that only

wholesale dealers of hunting, breeding,

and security dogs be licensed and

inspected. This change would be

reflected in the definition for ‘‘dealer’’

in § 1.1. This action would bring our

regulations into accord with our policy

to regulate wholesale dealers of hunting,

breeding, and security dogs.

The licensing requirements for animal

dealers are contained in 9 CFR part 2,

subpart A, and the care standards for

dogs and cats are contained in 9 CFR

part 3, subpart A. For information about

becoming licensed as a dealer under the

AWA, contact the person listed above

under FOR FURTHER INFORMATION

CONTACT.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed 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.

75636 Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Proposed Rules

In accordance with 5 U.S.C. 603, we

have performed an initial regulatory

flexibility analysis, which is set out

below, regarding the effects of this

proposed rule on small entities. We do

not currently have all the data necessary

for a comprehensive analysis of the

effects of this proposed rule on small

entities. Therefore, we are inviting

comments concerning potential effects.

In particular, we are interested in

determining the number of small

entities that would be affected by this

proposed rule.

In accordance with the Animal

Welfare Act (AWA) (7 U.S.C. 2131 et

seq.), the Secretary of Agriculture is

authorized to promulgate standards and

other requirements regarding the

humane handling, care, treatment, and

transportation of certain animals by

dealers, research facilities, exhibitors,

and carriers and intermediate handlers.

We propose to amend the Animal

Welfare regulations to reflect our policy

of regulating only wholesale dealers of

dogs intended for hunting, breeding, or

security purposes. As such, this action

would not result in any changes to our

operations. We currently help ensure

the humane handling, care, and

treatment of hunting, breeding, and

security dogs through the licensing and

inspection of wholesale dealers of these

types of dogs; we regulate these dealers

under the same regulations in place for

wholesale dealers of other types of dogs.

To comply with our current policy

and the regulations, wholesale dealers

of dogs intended for hunting, breeding,

or security purposes incur costs for

licensing, as well as other expenses. The

costs of licensing for affected dealers

include an annual application fee of $10

and an annual class ‘‘A’’ license fee

based on 50 percent of total gross sales

or compensation from leased animals.

License fee amounts are determined

according to ranges shown in Table 1 of

9 CFR part 2, § 2.6.

Among other costs incurred by

wholesale dealers of hunting, breeding,

and security dogs are expenses related

to veterinary care, tagging or tattoo

marking for animal identification,

recordkeeping, health certification of

dogs commercially transported, and

maintenance of appropriate facilities

and operating standards (see 9 CFR part

3, subpart A). It is reasonable to assume,

however, that many of these

responsibilities are met by affected

dealers simply as a matter of good

business practice. When dealers satisfy

the facilities and operating standards of

the regulations by, for example,

providing a safe and healthy

environment (including appropriate

heating, cooling and ventilation of the

dogs’ housing to adequate feeding and

exercising programs), those dealers are

contributing to their dogs’ eventual sale

value. As another example, records of

transactions can only further a

wholesale dealer’s business success.

Therefore, it is in a dealer’s financial

interest to promote the health and wellbeing of his or her dogs in accordance

with the regulations. However, if any

wholesale dealers of hunting, breeding,

or security dogs were not in compliance

with the regulations in 9 CFR parts 2

and 3 prior to our policy announcement

in July, they may have expenses related

to these requirements. We do not have

information at this time on the number

of such dealers or what their expenses

might be.

The purpose of this proposed rule is

actually to remove regulatory

requirements covering dealers who sell

hunting, breeding, or security dogs at

the retail level. Those dealers would

experience no economic effects from

this action since we have never enforced

those provisions.

The Regulatory Flexibility Act

requires that agencies consider the

economic effects of rules on small

entities. The Small Business

Administration determines the criteria

by which entities are classified as

‘‘small,’’ using Standard Industrial

Classification (SIC) categories.

Wholesale dealers of hunting, breeding,

and security dogs are included within

SIC category 0279, ‘‘Animal Specialties,

Not Elsewhere Classified.’’ Small

entities in this category are defined as

ones with annual receipts of $0.5

million or less. Although data is not

available on the number of wholesale

dealers of hunting, breeding, and

security dogs, or their incomes, it is

presumed that the majority are small

entities.

While a substantial number of

affected dealers may be small entities,

we expect that the effect of the proposed

rule on these dealers would be

insignificant because licensing and

inspection requirements would remain

the same. This action would simply

make our regulations consistent with

our policy and would, therefore, clarify

licensing and inspection requirements

for affected dealers of dogs intended for

hunting, breeding, and security

purposes.

The alternative to this proposed rule

was to make no changes in the

regulations. After consideration, we

rejected this alternative since this action

would make the regulations consistent

with our policy to help ensure the

humane handling, care, and treatment of

hunting, breeding, and security dogs.

This proposed rule contains

information collection and

recordkeeping requirements. These

requirements are described in this

document under the heading

‘‘Paperwork Reduction Act.’’

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. It is not intended to

have retroactive effect. This rule would

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. The Act 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. 99–087–1. Please

send a copy of your comments to: (1)

Docket No. 99–087–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 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.

This proposed rule would make our

regulations consistent with our policy.

Under our policy, affected wholesale

dealers of dogs intended for hunting,

breeding, or security purposes are

required to apply for an initial license;

apply annually for license renewal; keep

and maintain records (for at least 1 year)

regarding each animal, including those

purchased, acquired, transported, sold,

or otherwise disposed of; complete a

written program of veterinary care for

animals; and provide a health certificate

for animals moving interstate or leaving

the country.

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

Federal Register / Vol. 65, No. 233 / Monday, December 4, 2000 / Proposed Rules 75637

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 .34 hours per

response.

Respondents: Certain wholesale

dealers of dogs intended for hunting,

breeding, or security purposes.

Estimated annual number of

respondents: 5.

Estimated annual number of

responses per respondent: 6.4.

Estimated annual number of

responses: 32.

Estimated total annual burden on

respondents: 11 hours.

Copies of this information collection

can be obtained from Mrs. Celeste

Sickles, APHIS’ Information Collection

Coordinator, at (301) 734–7477.

List of Subjects in 9 CFR Part 1

Animal welfare, Pets, Reporting and

recordkeeping requirements, Research.

Accordingly, we propose to amend 9

CFR part 1 as follows:

PART 1—DEFINITION OF TERMS

1. The authority citation for part 1

would be revised to read as follows:

Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22,

2.80, and 371.7.

2. In § 1.1, the definition for ‘‘dealer’’

would be revised to read follows:

§ 1.1 Definitions.

* * * * *

Dealer means any person who, in

commerce, for compensation or profit,

delivers for transportation, or transports,

except as a carrier, buys, or sells, or

negotiates the purchase or sale of: Any

dog or other animal whether alive or

dead (including unborn animals, organs,

limbs, blood, serum, or other parts) for

research, teaching, testing,

experimentation, exhibition, or for use

as a pet; or any dog at the wholesale

level for hunting, security, or breeding

purposes. This term does not include: A

retail pet store, as defined in this

section, unless such store sells any

animals to a research facility, an

exhibitor, or a dealer (wholesale); any

retail outlet where dogs are sold for

hunting, breeding, or security purposes;

or any person who does not sell or

negotiate the purchase or sale of any

wild or exotic animal, dog, or cat and

who derives no more than $500 gross

income from the sale of animals other

than wild or exotic animals, dogs, or

cats, during any calendar year.

* * * * *

Done in Washington, DC, this 29th day of

November 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–30765 Filed 12–1–00; 8:45 am]

BILLING CODE 3410–34–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 261

[SW–FRL–6910–5]

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste; Proposed Exclusion

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule and request for

comment.

SUMMARY: The EPA is proposing to use

the Delisting Risk Assessment Software

(DRAS) in the evaluation of a delisting

petition. Based on waste specific

information provided by the petitioner,

EPA is proposing to use the DRAS to

evaluate the impact of the petitioned

waste on human health and the

environment. Today’s proposal provides

background information on the

mechanics of the DRAS, and the use of

the DRAS in delisting decision-making.

The EPA is also proposing to grant a

petition submitted by Eastman Chemical

Company—Texas Operations, (Eastman)

to exclude (or delist) certain solid

wastes generated by its Longview,

Texas, facility from the lists of

hazardous wastes contained in 40 CFR

261.24 and 261.31 (hereinafter all

sectional references are to 40 CFR

unless otherwise indicated).

Eastman submitted the petition under

sections 260.20 and 260.22(a). Section

260.20 allows any person to petition the

Administrator to modify or revoke any

provision of sections 260 through 266,

268 and 273. Section 260.22(a)

specifically provides generators the

opportunity to petition the

Administrator to exclude a waste on a

‘‘generator specific’’ basis from the

hazardous waste lists.

The Agency bases its proposed

decision to grant the petition on an

evaluation of waste-specific information

provided by the petitioner. This

proposed decision, if finalized, would

conditionally exclude the petitioned

waste from the requirements of

hazardous waste regulations under the

Resource Conservation and Recovery

Act (RCRA).

If finalized, we would conclude that

Eastman’s petitioned waste is

nonhazardous with respect to the

original listing criteria and that the

waste process Eastman uses will

substantially reduce the likelihood of

migration of hazardous constituents

from this waste. We would also

conclude that their process minimizes

short-term and long-term threats from

the petitioned waste to human health

and the environment.

DATES: We will accept comments until

January 18, 2001. We will stamp

comments received after the close of the

comment period as ‘‘late.’’ These ‘‘late’’

comments may not be considered in

formulating a final decision.

Your requests for a hearing must

reach EPA by December 19, 2000. The

request must contain the information

prescribed in section 260.20(d).

ADDRESSES: Please send three copies of

your comments. Two copies should be

sent to William Gallagher, Delisting

Section, Multimedia Planning and

Permitting Division (6PD–O),

Environmental Protection Agency, 1445

Ross Avenue, Dallas, Texas 75202. A

third copy should be sent to the Texas

Natural Resources Conservation

Commission (TNRCC), P.O. Box 13087,

Austin, Texas, 78711–3087. Identify

your comments at the top with this

regulatory docket number: ‘‘F–00–

TXDEL–TXEASTMAN.’’

You should address requests for a

hearing to the Director, Carl Edlund,

Multimedia Planning and Permitting

Division (6PD), Environmental

Protection Agency, 1445 Ross Avenue,

Dallas, Texas 75202.

FOR FURTHER INFORMATION CONTACT:

Michelle Peace at (214) 665–7430.

SUPPLEMENTARY INFORMATION:

The Information in This Section is

Organized as Follows

I. What risk assessment methods has the

Agency used in previous delisting

determinations that are being revised in

this proposal?

A. Introduction

B. What fate and transport model does the

Agency use in the DRAS for evaluating