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

34333

Vol. 63, No. 121

Wednesday, June 24, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 1 and 2

[Docket No. 97–018–2]

RIN 0579–AA95

Licensing Requirements for Dogs and

Cats

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: We are considering several

changes to the Animal Welfare

regulations to ensure the humane

handling, care, and treatment of dogs

and cats, while concentrating our

regulatory efforts on those facilities that

present the greatest risk of

noncompliance with the regulations.

Specifically, we are considering revising

the definition of ‘‘retail pet store’’ so

that it includes only nonresidential,

commercial retail stores, rather than any

pet retailer. Retail pet stores are not

required to be licensed and inspected

under the Animal Welfare Act (AWA).

If the definition were revised, many pet

retailers now exempt from licensing and

inspection requirements would have to

be licensed and inspected. We are also

considering regulating dealers of

hunting, breeding, and security dogs in

the same manner as other dealers of

dogs. Because these changes could

severely strain available Federal

resources for carrying out inspections

and other enforcement activities under

the AWA, we are considering increasing

the total number of breeding female

dogs and/or cats that a person may

maintain on his or her premises and be

exempt from licensing and inspection

requirements. If this number were

increased, some dealers who would no

longer qualify as retail pet stores under

the revised definition of ‘‘retail pet

store’’ would continue to be exempt

from licensing and inspection

requirements, and some pet wholesalers

who are currently required to be

licensed would no longer have to be

licensed. This advance notice solicits

public comment on the maximum

number of breeding female dogs and/or

cats that a person should be able to

maintain on his or her premises and be

exempt from licensing and inspection

requirements under the AWA.

We are also interested in obtaining

information that would help us

determine the impact of the regulatory

changes that we are considering.

Specifically, if we amend the definition

of ‘‘retail pet store’’ as described earlier,

how many dealers of dogs and cats

would be covered by our regulations

under different scenarios for increasing

the number of breeding females that a

person may maintain on his or her

premises and be exempt from licensing.

In addition, if we begin regulating

dealers of hunting, breeding, and

security dogs, how many dealers of

hunting, breeding, and security dogs

would be covered by our regulations

under different scenarios for increasing

the number of breeding females that a

person may maintain on his or her

premises and be exempt from licensing.

DATES: Consideration will be given only

to comments received on or before

August 24, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–018–2, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–018–2. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

Alternatively, comments may be

submitted via the Internet on an

electronic form located at http://

comments.aphis.usda.gov. Comments

submitted on the electronic form need

only be submitted once.

FOR FURTHER INFORMATION CONTACT: Dr.

Bettye Walters, Veterinary Medical

Officer, AC, APHIS, 4700 River Road

Unit 84, Riverdale, MD 20737–1234,

(301) 734–7833.

SUPPLEMENTARY INFORMATION:

Background

The Animal Welfare Act (AWA) (7

U.S.C. 2131 et seq.) authorizes the

Secretary of Agriculture to promulgate

standards and other requirements

governing the humane handling,

housing, care, treatment, and

transportation of certain animals by

dealers and other regulated businesses.

The Secretary of Agriculture has

delegated the responsibility for

enforcing the AWA to the Administrator

of the Animal and Plant Health

Inspection Service (APHIS). Regulations

established under the AWA are

contained in 9 CFR parts 1, 2, and 3.

Part 1 contains definitions for terms

used in parts 2 and 3. Part 2 sets forth

the general requirements, and part 3 sets

forth the standards for the humane

handling, care, treatment, and

transportation of covered animals by

regulated entities. Subpart A of part 3

contains the standards applicable to

dogs and cats.

On March 25, 1997, we published in

the Federal Register (62 FR 14044–

14047, Docket No. 97–018–1) a petition

for rulemaking, sponsored by the Doris

Day Animal League, that requested two

changes to the regulations in parts 1 and

3. The requested changes were: (1) To

redefine the term ‘‘retail pet store’’ in

part 1 as ‘‘a nonresidential business

establishment used primarily for the

sale of pets to the ultimate customer;’’

and (2) to regulate dealers of dogs

intended for hunting, security, and

breeding under the provisions

applicable to dealers of other types of

dogs in part 3.

We solicited comments on the

petition for 60 days, ending May 27,

1997. By that date, we received 35,953

comments. They were from dealers of

dogs and cats, representatives of

industry, members of animal

protectionist organizations, members of

Congress, and other interested persons.

Approximately 65 percent of the

commenters supported the changes

requested in the petition. The remaining

35 percent had concerns about the

changes requested in the petition. Most

of their concerns focused on the

petition’s suggested revision of the

definition of retail pet store. The

commenters stated that the proposed

revision would require that many small,

‘‘hobby’’ breeders of dogs and cats be
34334 Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 / Proposed Rules

licensed and inspected under the

regulations. They expressed concern

that this not only would be unnecessary,

but would severely strain Federal

resources available for carrying out

inspection and other enforcement

activities.

We share the concern about the

potential strain on Federal resources,

particularly because we do not know

how many pet retailers not now subject

to the AWA might be affected by the

revised definition of ‘‘retail pet store.’’

In addition, if we begin regulating

dealers of dogs intended primarily for

hunting, security, and breeding

purposes under the AWA in the same

manner as dealers of other types of dogs,

many of these dealers would also be

required to be licensed and inspected,

and we do not know how many dealers

of these types of dogs there are.

Therefore, we are soliciting comments

on an approach, discussed below, for

amending the Animal Welfare

regulations to ensure that only

appropriate facilities are exempt from

licensing as retail pet stores and to

allow us to concentrate our regulatory

efforts on those facilities that present

the greatest risk of noncompliance with

the regulations.

Definition of Retail Pet Store

In § 1.1, retail pet store is defined as

‘‘any outlet where only the following

animals are sold or offered for sale, at

retail, for use as pets: Dogs, cats, rabbits,

guinea pigs, hamsters, gerbils, rats,

mice, gophers, chinchilla, domestic

ferrets, domestic farm animals, birds,

and cold-blooded species.’’ The

definition of ‘‘retail pet store’’ goes on

to describe certain establishments that

do not qualify as retail pet stores, even

if they sell animals at retail. Those

establishments that do not qualify as

retail pet stores are: (1) Establishments

or persons who deal in dogs used for

hunting, security, or breeding purposes;

(2) establishments or persons exhibiting,

selling, or offering to exhibit or sell any

wild or exotic or other nonpet species

of warm-blooded animals (except birds),

such as skunks, raccoons, nonhuman

primates, squirrels, ocelots, foxes,

coyotes, etc.; (3) establishments or

persons selling warm-blooded animals

(except birds, and laboratory rats and

mice) for research or exhibition

purposes; (4) establishments

wholesaling any animals (except birds,

rats, and mice); and (5) establishments

exhibiting pet animals in a room that is

separate from or adjacent to the retail

pet store, or in an outside area, or

anywhere off the retail pet store

premises.

In accordance with the AWA, retail

pet stores are exempt from the licensing

and inspection requirements in part 2.

Other retail and wholesale pet dealers

must be licensed in accordance with the

regulations. The definition of retail pet

store was established to ensure that the

appropriate retail facilities were exempt

from licensing requirements. However,

that definition has prompted a

regulatory interpretation of ‘‘retail pet

store’’ that includes all retail outlets,

regardless of volume, size, or location of

business. As such, under the current

definition of retail pet store, a very large

number of facilities that are not

traditional retail pet stores are exempt

from licensing requirements.

To ensure that dogs and cats at these

outlets receive humane handling, care,

and treatment, we are considering

amending the definition of ‘‘retail pet

store’’ to limit retail pet stores to only

traditional ‘‘stores’’— nonresidential,

commercial, retail businesses that sell

primarily pets and pet products. If this

change were adopted, many retail pet

dealers would no longer be considered

retail pet stores, and, unless otherwise

exempt under the regulations, would

have to be licensed and inspected in

accordance with part 2.

We are also considering regulating

dealers of dogs intended primarily for

hunting, security, and breeding

purposes under the regulations

applicable to dealers of other types of

dogs. This change, if implemented,

would require both retail and wholesale

dealers of hunting, security, and

breeding dogs to be licensed and

inspected under the AWA, unless

exempt from licensing requirements

based on the total number of breeding

females maintained on a dealer’s

premises, in accordance with

§ 2.1(a)(3)(iii) of the regulations (see

‘‘Number of Breeding Females,’’ below).

Because these changes could severely

strain available Federal resources for

carrying out inspections and other

enforcement activities under the AWA,

we are considering increasing the total

number of breeding female dogs and/or

cats that a person may maintain on his

or her premises and be exempt from

licensing and inspection requirements.

If this number were increased, some

dealers who would no longer qualify as

retail pet stores under the revised

definition of ‘‘retail pet store’’ would

continue to be exempt from licensing

and inspection requirements, and some

pet wholesalers who are currently

required to be licensed would no longer

have to be licensed. We are considering

these changes to the regulations to

ensure the humane handling, care, and

treatment of dogs and cats, while

concentrating our regulatory efforts on

those facilities that present the greatest

risk of noncompliance with the

regulations.

Number of Breeding Females

In § 2.1, paragraph (a)(3) lists those

persons who are exempt from licensing

requirements. In addition to retail pet

stores, those who are exempt from

licensing requirements include any

person who maintains a total of three or

fewer breeding female dogs and/or cats

and who sells the offspring of these dogs

or cats, which were born and raised on

his or her premises, for pets or

exhibition, and who is not otherwise

required to obtain a license (see

§ 2.1(a)(3)(iii)).

The licensing exemption based on a

total number of three or fewer breeding

female dogs and/or cats maintained on

a premises was established based on a

determination that small facilities

usually pose less risk to the welfare of

animals than do large facilities. We still

agree with that determination, but we

believe that a facility does not

necessarily have to maintain as few as

three breeding females in order to be

considered a low risk facility.

We also recognize that, if the revised

definition of ‘‘retail pet store’’ discussed

above were adopted, a significant

number of retail pet dealers who are

now exempt from the licensing

requirements in part 2 would be

required to be licensed and inspected.

APHIS does not have unlimited

resources for enforcing the Animal

Welfare regulations. A reasonable

increase in the number of breeding

females that an exempt facility could

maintain could help APHIS concentrate

its regulatory resources on those

facilities that present the greatest risk of

noncompliance.

Therefore, we are soliciting public

comment on amending § 2.1(a)(3)(iii) to

increase the total number of breeding

female dogs and/or cats that a person

may maintain on his or her premises

and continue to be exempt from

licensing requirements. We believe that

the total number should fall between 3

and 60 breeding females. The low end

of this range of numbers is based on our

current regulations. The high end of this

range of numbers is based on our

experience enforcing the AWA. Through

that experience, we have determined

that the risk of noncompliance with the

regulations significantly increases if

facilities care for more than 60 breeding

female dogs and/or cats. At this time,

however, we would like to gather more

data to support the proposal of a

specified number. Therefore, we are

seeking information that will help us
Federal Register / Vol. 63, No. 121 /Wednesday, June 24, 1998 / Proposed Rules 34335

determine the appropriate total number

of breeding female dogs and/or cats that

a person may maintain on his or her

premises and continue to be exempt

from licensing requirements. We are

most interested in receiving information

that is in the form of published industry

standards, published reports in peerreviewed journals, studies, and

objective data. For those issues on

which data or published information is

not available, we ask that commenters

supply detailed information on why the

number they have chosen is

appropriate.

We are also interested in obtaining the

following information to enable APHIS

to target its resources on those facilities

that present the greatest risk of

noncompliance:

1. If we amend the definition of

‘‘retail pet store’’ as described earlier,

how many dealers of dogs and cats

would be covered by our regulations

under different scenarios for increasing

the number of breeding females that a

person may maintain on his or her

premises and be exempt from licensing.

2. If we begin regulating dealers of

hunting, breeding, and security dogs,

how many dealers of hunting, breeding,

and security dogs would be covered by

our regulations under different

scenarios for increasing the number of

breeding females that a person may

maintain on his or her premises and be

exempt from licensing.

Written comments should be

submitted within the 60-day comment

period specified in this document (see

DATES and ADDRESSES).

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

2.80, and 371.2(g).

Done in Washington, DC, this 19th day of

June 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–16807 Filed 6–23–98; 8:45 am]

BILLING CODE 3410–34–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 71

[Docket No. PRM–71–12]

Petition From International Energy

Consultants, Inc.; Extension of

Comment Period

AGENCY: Nuclear Regulatory

Commission.

ACTION: Petition for rulemaking:

Extension of comment period.

SUMMARY: On February 19, 1998 (63 FR

8362), the Nuclear Regulatory

Commission (NRC) published for public

comment a petition for rulemaking filed

by the International Energy Consultants,

Inc. The petition requested that NRC

amend its regulations that govern

packaging and transportation of

radioactive material to eliminate special

requirements for plutonium. The

comment period was to have expired on

May 5, 1998. General Atomics

submitted a comment on May 26, 1998,

and requested that the comment period

be extended so that their comment, and

comments by other industry people, be

considered. In view of this request, the

NRC believes it is appropriate to extend

the comment period, which now expires

on July 31, 1998.

DATES: The comment period has been

extended and now expires July 31, 1998.

Comments received after this date will

be considered if it is practical to do so

but the Commission is able to ensure

consideration only for comments

received on or before this date.

ADDRESSES: Send comments by mail

addressed to the Secretary, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001. Attention: Rulemakings

and Adjudications Staff.

Hand-deliver comments to: 11555

Rockville Pike, Rockville, Maryland,

between 7:30 am and 4:15 pm on

Federal workdays.

You may also provide comments via

the NRC’s interactive rulemaking web

site through the NRC home page (http:/

/www.nrc.gov). From the NRC home

page, select ‘‘Rulemaking’’ from the tool

bar. The interactive rulemaking website

can then be accessed by selecting

‘‘Rulemaking Forum.’’ This site

provides the availability to upload

comments as files (any format), if your

web browser supports that function. For

information about the interactive

rulemaking site, contact Ms. Carol

Gallagher, (301) 415–5905; e-mail

CAG@nrc.gov.

Certain documents related to this

rulemaking, including comments

received and the environmental

assessment and finding of no significant

impact, may be examined at the NRC

Public Document Room, 2120 L Street

NW., (Lower Level), Washington, DC.

These same documents also may be

viewed and downloaded electronically

via the interactive rulemaking website

established by NRC for this rulemaking.

FOR FURTHER INFORMATION CONTACT:

Mark Haisfield [telephone (301) 415–

6196, e-mail MFH@nrc.gov] of the Office

of Nuclear Material Safety and

Safeguards, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001.

Dated at Rockville, Maryland, this 17th day

of June, 1998.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 98–16741 Filed 6–23–98; 8:45 am]

BILLING CODE 7590–01–P

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Parts 34 and 35

Concept Release Concerning Over-theCounter Derivatives

AGENCY: Commodity Futures Trading

Commission.

ACTION: Extension of comment period on

Concept Release.

SUMMARY: The Commodity Futures

Trading Commission issued a Concept

Release concerning over-the-counter

derivatives on May 12, 1998 (63 FR

26114) with comments due by July 13,

1998. In response to requests from the

Chicago Mercantile Exchange, the

Futures Industry Association, and the

Managed Funds Association, the

Commission has determined to extend

the comment period for an additional 60

days. The extended deadline for

comments on the Concept Release is

September 11, 1998.

Any person interested in submitting

comments on the Concept Release

should submit them by the specified

date to Jean A. Webb, Secretary,

Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, N.W., Washington, DC

20581. In addition, comments may be

sent by facsimile transmission to

facsimile number (202) 418–5521, or by

electronic mail to secretary@cftc.gov.

DATES: Comments must be received on

or before September 11, 1998.

FOR FURTHER INFORMATION CONTACT:

John C. Lawton, Associate Director,

Division of Trading and Markets,

Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, NW, Washington, DC

20581. Telephone: (202) 418–5490.

Issued in Washington, D.C., on this 18th

day of June, 1998, by the Commodity Futures

Trading Commission.

Catherine D. Dixon,

Assistant Secretary of the Commission.

[FR Doc. 98–16767 Filed 6–23–98; 8:45 am]

BILLING CODE 6351–01–M