24916 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices

Estimated number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 2,500 hours.

Customer Report Card

Abstract: The CUSTOMER Report

Card is an on-site survey made available

to visitors at the recreational site. The

purpose of the CUSTOMER Report Card

is to gather data about the experiences

visitors have on National Forest System

land recreational sites, such as how

satisfying the visit was and whether the

recreational site met the visitor’s needs.

When completed, the surveys are placed

in a box located at the recreational site

for this purpose.

Estimate of Burden: 5 minutes per

response.

Type of Respondents: 10,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Total Annual Burden on

Respondents: 834 hours.

The agency invites comments on the

following: (a) Whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on respondents, including the use of

automated, electronic, mechanical, or

other technological collection

techniques or other forms of information

technology.

Use of Comments

All comments received in response to

this notice will be summarized and

included in the request for OMB

approval. All comments will also

become a matter of public record.

Dated: May 13, 1996.

Jack Ward Thomas,

Chief.

[FR Doc. 96–12452 Filed 5–16–96; 8:45 am]

BILLING CODE 3410–11–M

Grain Inspection, Packers and

Stockyards Administration

Livestock Care and Handling

Guidelines; Comment Request

ACTION: Notice.

SUMMARY: The Agency is proposing to

issue livestock care and handling

guidelines to assist the industry in

complying with the provisions of the

Packers and Stockyards Act.

DATES: Comments are invited and

should be submitted by July 16, 1996.

ADDRESSES: Comments may be mailed to

the Deputy Administrator, Packers and

Stockyards Programs, Room 3039, South

Building, U.S. Department of

Agriculture, Washington, D.C. 20250–

2800. Comments received may be

inspected during normal business hours

in the Office of the Deputy

Administrator, Packers and Stockyards

Programs.

FOR FURTHER INFORMATION CONTACT: Dan

Van Ackeren, Director, Livestock

Marketing Division, (202) 720–6951.

SUPPLEMENTARY INFORMATION: Because of

public concerns, the Agency initiated a

program to review the services,

facilities, and procedures for receiving

and handling livestock at all stockyards.

Since May 1991, the Agency has

investigated over 1,400 stockyards to

determine whether the livestock

handling practices, services, and

facilities at these stockyards were

adequate to assure livestock are handled

and cared for properly. While most

stockyards have adequate facilities and

exercise good animal care and handling

practices, problems were found to exist

at some stockyards. Some of the

problems encountered at stockyards

included: inadequate facilities; handling

livestock in a manner that could cause

bruising, injury, or unnecessary

suffering, including excessive use of

electric prods or other driving devices;

overcrowding in pens; and not handling

nonambulatory or injured livestock

promptly. In addition, the Agency has

received over 8,000 letters from animal

welfare groups or from individuals not

identified as producers or as members of

any organization concerning the care

and handling of ‘‘downed’’ animals at

stockyards.

While the Agency already has a

regulation (9 CFR 201.82) issued under

the provisions of the Packers and

Stockyards (P&S) Act that requires

stockyard owners to exercise reasonable

care and promptness in providing

stockyard services to prevent shrinkage,

injury, death, or other avoidable loss,

that regulation does not adequately

address the specific problems found in

the Agency’s review of the livestock

handling practices, services, and

facilities of stockyards. The Agency

believes issuing specific livestock care

and handling guidelines to the

stockyard industry would be helpful in

dealing with this issue.

After considering the results of over

1,400 stockyard reviews, and the letters

from concerned citizens, the Agency is

proposing to publish guidelines for the

care and handling of livestock at

stockyards to assist the industry in

complying with the provisions of the

Packers and Stockyards Act. The

guidelines would advise stockyard

owners that they should maintain their

facilities in a manner that avoids risk of

injury, bruising, unnecessary suffering

and stress. The stockyards would be

advised to move, pen, and care for

livestock in a manner that protects the

quality and value of the animal while

also providing for the animal’s welfare.

The guidelines would also advise

stockyard owners of the minimum

standards the Agency considers

necessary for handling nonambulatory

animals.

Section 301(b) of the Packers and

Stockyards Act (7 U.S.C. 201(b)) defines

‘‘stockyard services’’ as any ‘‘services or

facilities furnished at a stockyard in

connection with the receiving, buying or

selling on a commission basis or

otherwise, marketing, feeding, watering,

holding, delivery, shipment, weighing,

or handling, in commerce, of livestock.’’

Section 304 (7 U.S.C. 205) provides that:

‘‘All stockyard services furnished

pursuant to reasonable request made to

a stockyard owner or market agency at

such stockyard shall be reasonable and

nondiscriminatory and stockyard

services, which are furnished, shall not

be refused on any basis that is

unreasonable or unjustly discriminatory

* * *.’’

Section 307(a) (7 U.S.C. 208(a))

provides that: ‘‘It shall be the duty of

every stockyard owner and market

agency to establish, observe, and enforce

just, reasonable, and nondiscriminatory

regulations and practices in respect to

the furnishing of stockyard services

* * *.’’ Section 312(a) (7 U.S.C. 213(a))

provides that: ‘‘It shall be unlawful for

any stockyard owner, market agency, or

dealer to engage in or use any unfair,

unjustly discriminatory, or deceptive

practice or device in connection with

determining whether persons should be

authorized to operate at the stockyards,

or with the receiving, marketing,

buying, or selling on a commission basis

or otherwise, feeding, watering, holding,

delivery, shipment, weighing, or

handling of livestock.’’

The Guidelines

Livestock in marketing channels

should be handled and cared for in a

manner that is consistent with the

animals’ well-being and that protects

their quality and value. The Agency

does not condone handling livestock in

any manner that is inconsistent with

good animal husbandry practices and
Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Notices 24917

believes that the failure to provide

proper care and handling increases the

risk of unnecessary loss to the seller and

unnecessary suffering for the animal. It

is the Agency’s view that stockyards

should provide appropriate facilities

and follow animal care and handling

practices and procedures that minimize

the risk of injury, death, or other

avoidable loss and avoid unnecessary

suffering. Failure to provide appropriate

services as detailed in these guidelines

could result in the Agency’s initiating

an enforcement action brought pursuant

to Sections 304, 307, and 312 of the

Packers and Stockyards Act.

1. Care and Handling of Livestock

(a) Livestock at stockyards should be

handled in a manner that protects the

quality and value of the animal while

also providing for the animal’s welfare.

Stockyard owners should establish and

enforce practices and procedures that

ensure the proper treatment of animals.

Adequate instruction should be given to

employees and proper notice given to

truckers, market patrons, and other

livestock handlers on the livestock care

and handling practices to be followed at

the facility. Abuse or mistreatment of

animals should not be tolerated.

(b) Livestock facilities, including

loading and unloading ramps, gates,

fences, scales, and equipment used to

provide stockyard services should be

reasonably clean and well-maintained.

Any object in the facility or on

equipment used around livestock that is

likely to cause bruising or injury to

livestock, such as protruding nails,

sharp edges, extended bolts, gate hooks,

latches and hinges, should be

eliminated or modified. All floors

should be constructed or maintained in

such a manner that livestock can walk

without slipping to prevent injuries

caused by falling down.

(c) Livestock of all species should be

unloaded, yarded, moved through the

facility, and reloaded in a manner to

avoid bruising, injury, and unnecessary

stress or suffering. When livestock are

driven, sorted, or otherwise moved

about a facility, such movement should

be reasonably paced in a manner

consistent with the type, temperament,

and condition of the livestock being

handled and stockyard conditions.

(d) Livestock driving devices, such as

electric prods, canes, whips, paddles or

canvas straps, should be used prudently

and only to the extent necessary to

handle or move livestock. Generally,

paddles and canvas straps are equally

effective and less likely than other types

of driving devices to cause bruising or

unnecessary excitement and stress.

Electric prods should be of a

commercial type designed for use in

moving livestock. All electric prodding

devices should be used sparingly in

order to avoid unnecessary stress and

risk of injury to animals. Electric prods

should never be applied to the rectum,

vagina, eyes, ears or mouth areas.

(e) Stockyards should provide

adequate pen space for the number and

type of animals handled. Uncastrated

mature males should be penned

individually if necessary to prevent

fighting. Bulls should be penned

separately from cows and heifers to

prevent mounting which can cripple

small or weak animals.

(f) The Agency recognizes that

transportation factors, types of livestock

and animal nutrition requirements may

make periods of withdrawal from feed

and water desirable. These periods do

not pose a threat to the quality and

value of the animals if the animals are

moved promptly to their destination.

However, livestock held overnight at a

stockyard, either before or after sale,

should have access to feed and water

within 24 hours of receipt at the

stockyard.

2. Care and Handling of Nonambulatory

Livestock.

(a) Nonambulatory animals, also

referred to as ‘‘downed animals,’’ are

defined as those animals that are unable

to stand or walk without assistance. The

Agency believes prompt action is the

key to preventing unnecessary suffering

and protecting the economic value of

nonambulatory animals, whether the

action is providing veterinary care,

transporting it to slaughter, euthanizing

the animal, or taking some other

effective action.

(b) Stockyards should provide

adequate facilities and equipment

necessary to handle any livestock they

accept on consignment. If a stockyard

chooses to accept nonambulatory

livestock or if an animal becomes

nonambulatory while at the stockyard,

the stockyard should provide the

necessary equipment to handle the

livestock humanely, efficiently, and

promptly to avoid unnecessary suffering

and preserve the quality and value of

the animal.

(c) Stockyard owners should establish

pre-planned procedures that provide for

assessing the condition of a

nonambulatory animal and the options

available for its care so prompt

decisions can be made on its disposition

and removal from the facility.

(d) Nonambulatory animals require

special equipment for their handling

and movement within the stockyard

facility to avoid the risk of further injury

and unnecessary suffering. Such

equipment may include a front-end

loader, sled, belt or mat slide,

specialized hoists or slings, or a

combination of these devices. Special

care should be taken when moving or

loading nonambulatory animals onto a

suitable conveyance. Nonambulatory

animals should be gently rolled onto the

conveyance, and an animal should not

be shoved against a wall or fence to get

it into a loader bucket.

(e) Stockyards that cannot provide

proper care in handling nonambulatory

livestock or do not have the required

special equipment should adopt a

policy of refusing to accept such

livestock. Further, if an animal becomes

nonambulatory while at such facility,

the stockyard should promptly

euthanize the animal before moving it or

secure the prompt services of a

veterinarian or other third party with

the necessary equipment to provide

proper care and handling for the animal.

(f) Dragging of a nonambulatory

animal by its limbs is undesirable and

should be avoided. In situations where

an animal must be moved to

accommodate a suitable conveyance,

then padded belts should be attached to

two noninjured limbs and the rope,

cable, or chain attached to the belts.

Animals should never be pulled by the

neck. If these techniques for movement

of the animal are not practical, then the

animal should be promptly euthanized.

(g) Separate pens should be provided

for weak, injured, and nonambulatory

livestock. Such pens should be located

for ease of access by specialized

equipment. Feed and water should also

be provided for the nonambulatory

livestock.

(h) When an animal becomes

nonambulatory, its condition should be

promptly assessed, a decision made as

to the proper care or disposition of the

animal, and appropriate actions should

be taken to protect its quality and value

and to avoid unnecessary suffering.

When it is determined that an animal

should be euthanized, then the action

should be taken promptly and

humanely without awaiting the arrival

of a rendering service.

(Authority: 7 U.S.C. 228(a); 7 CFR 2.22, 2.81)

Done at Washington, D.C. this 13th day of

May 1996.

James R. Baker,

Administrator Grain Inspection, Packers and

Stockyards Administration.

[FR Doc. 96–12376 Filed 5–16–96; 8:45 am]

BILLING CODE 3410–EN–P