34386 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

import more than 50 percent of the

volume of honey produced or imported

by those voting in the referendum.

In accordance with the Paperwork

Reduction Act of 1995 [Pub. L. 104–13],

the referendum ballot has been

approved by the Office of Management

and Budget (OMB) and has been

assigned OMB number 0581–0093. It is

estimated that there are 8,300

producers, 510 producer-packers, and

350 importers who will be eligible to

vote in the referendum. It will take an

average of 15 minutes for each voter to

read the voting instructions and

complete the referendum ballot.

Referendum Order

It is hereby directed that a referendum

be conducted among eligible producers,

producer-packers, and importers to

determine whether they favor the

continuance of the Order. The

representative period for establishing

voter eligibility for the referendum shall

be the period from January 1, 1994,

through December 31, 1995. A

referendum shall be conducted by mail

ballot from August 1 through 30, 1996.

Section 13(d)(1) of the act provides

that the Secretary shall conduct a

referendum to determine if honey

producers and importers favor the

termination or suspension of the Order.

Therefore, voters will vote on whether

the program will continue. Section 13(d)

also provides that the Secretary shall

suspend or terminate the Order if

termination or suspension is favored by

a majority of the producers and

importers voting in the referendum and

that the producers and importers

comprising this majority produce or

import more than 50 percent of the

volume of honey produced or imported

by those voting in the referendum.

Richard Schultz and Martha B.

Ransom, Research and Promotion

Branch, Fruit and Vegetable Division,

Agricultural Marketing Service, P.O.

Box 96456, Department of Agriculture,

Washington, DC 20090–6456, are

designated as the referendum agents of

the Secretary to conduct this

referendum. The Procedure for the

Conduct of Referenda in Connection

with the Honey Research, Promotion,

and Consumer Information Order [7

CFR 1240.200–1240.207] shall be used

to conduct the referendum.

Ballots to be cast in the referendum,

and any related material relevant to the

referendum, will be mailed by the

referendum agents to all known

producers, producer-packers, and

importers. Persons who have produced,

produced and handled, or imported

honey or honey products during the

representative period are eligible to

vote. Persons who have received an

exemption from assessment for the

entire representative period are

ineligible to vote. Any eligible producer,

producer-packer, or importer who does

not receive a ballot and related material

should immediately contact the

referendum agents.

List of Subjects in 7 CFR Part 1240

Advertising, Agricultural research,

Honey, Imports, Reporting and

recordkeeping requirements.

Authority: 7 U.S.C. 4601–4612.

Dated: June 26, 1996.

Kenneth C. Clayton,

Acting Administrator.

[FR Doc. 96–16839 Filed 6–27–96; 2:46 pm]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Parts 1 and 3

[Docket No. 95–078–1]

RIN 0579–AA74

Humane Treatment of Dogs and Cats;

Tethering and Temperature

Requirements

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the regulations for the humane

treatment of dogs and cats under the

Animal Welfare Act by removing the

provisions for tethering dogs as a means

of primary enclosure. We are also

proposing to amend the regulations by

revising the temperature requirements

for indoor, sheltered, and mobile and

traveling housing facilities, and for

primary conveyances used in

transportation, to require that the

ambient temperature must never exceed

90 °F (32.2 °C) when dogs or cats are

present. We are taking these actions

because our experience in enforcing the

Animal Welfare Act has led us to

conclude that tethering dogs as a means

of primary enclosure is not a humane

practice. Also, temperatures exceeding

90 °F can be harmful to dogs and cats.

These actions will help ensure that dogs

and cats in facilities regulated under the

Animal Welfare Act will be treated in a

humane manner.

DATES: Consideration will be given only

to comments received on or before

September 3, 1996.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 95–078–1, 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. 95–078–1. 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.

FOR FURTHER INFORMATION CONTACT: Mr.

Stephen Smith, Staff Animal Health

Technician, REAC, APHIS, suite 6D02,

4700 River Road Unit 84, Riverdale, MD

20737–1234, (301) 734–4972.

SUPPLEMENTARY INFORMATION:

Background

Under the Animal Welfare Act

(AWA)(7 U.S.C. 2131 et seq.) the

Secretary of Agriculture is authorized to

promulgate standards and other

requirements governing the humane

handling, housing, care, treatment, and

transportation of certain animals by

dealers, research facilities, exhibitors,

and carriers and intermediate handlers.

Regulations established under the Act

are contained in 9 CFR parts 1, 2, and

3. Subpart A of 9 CFR part 3 (referred

to below as the regulations) contains

requirements concerning dogs and cats.

Recently, the Animal and Plant

Health Inspection Service (APHIS)

hosted public meetings in Kansas City

and St. Louis, MO, and in Washington,

DC, to gather information on the

regulations in 9 CFR part 3, subpart A,

that apply to the care of dogs and cats

in the commercial pet trade. People

attending the meetings included

representatives of animal protection

organizations and members of affected

industries, such as dealers, research

facilities, and commercial animal

transporters.

Each meeting was divided into four

workshops covering specific topic areas:

(1) space requirements for primary

enclosures, including room for exercise;

(2) sanitation, materials, flooring, and

construction of primary enclosures; (3)

veterinary care and breeding frequency;

and (4) transportation by land and air.

APHIS has considered all of the

recommendations and opinions

expressed by participants of these

workshops at each of the meetings, as

well as APHIS’ own experience in

enforcing the Act, in developing this

proposal on tethering and temperature

requirements. There were many

recommendations expressed in the

workshops on issues closely related to

what we are proposing in this
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34387

document, as well as recommendations

on issues other than tethering and

temperature requirements. APHIS is

continuing to review and analyze all the

recommendations received, and will

initiate additional rulemaking for any

changes deemed appropriate.

Tethering of Dogs

Currently, the regulations provide that

dogs in outside housing facilities

regulated under the AWA may be kept

on tethers as a means of primary

enclosure. Primary enclosure is defined

in 9 CFR part 1 to mean:

(A)ny structure or device used to restrict an

animal or animals to a limited amount of

space, such as a room, pen, run, cage,

compartment, pool, hutch, or tether. In the

case of animals restrained by a tether (e.g.,

dogs on chains), it includes the shelter and

the area within reach of the tether.

A dog whose primary enclosure is a

tether would be attached to the tether

almost all of the time, except when it is

allowed off of the tether for exercise or

other activities. The regulations require

that a dog on a tether must have a

shelter (such as a dog house or other

structure) and the tether must allow the

dog access to the shelter and to food and

water containers. The housing area

where the dog is tethered must be

surrounded by a perimeter fence of

sufficient height to keep out unwanted

animals.

Our experience in enforcing the AWA

has led us to conclude that continuous

confinement of dogs by a tether is

inhumane. A tether significantly

restricts the dog’s movement. A tether

can also become tangled around or

hooked on the dog’s shelter structure or

other objects, further restricting the

dog’s movement and potentially causing

injury. We are proposing to remove the

option for facilities to use tethering as

a means of primary enclosure. We

would remove all references to tethering

from the definition of primary enclosure

in 9 CFR part 1, and we would remove

the provisions for tethering as a means

of primary enclosure from the

regulations in 9 CFR part 3. Facilities

would still have a number of primary

enclosure options available to them,

such as a cage or a fenced-in run.

Temperature

The regulations for indoor housing

facilities, sheltered housing facilities,

and mobile or traveling housing

facilities that are regulated under the

AWA provide that the ambient

temperature in the facilities may not

exceed 85 °F (29.5 °C) for more than 4

consecutive hours when dogs or cats are

present. The regulations also provide

that when any person subject to the

AWA transports dogs or cats, the cargo

spaces in primary conveyances (motor

vehicle, rail, and marine) and the

holding areas in the terminal facilities

(such as at airports, rail stations, or

maritime ports) may not exceed 85 °F

(29.5 °C) for more than 4 consecutive

hours when dogs or cats are present.

The regulations for air transportation

provide that cargo areas must be heated

or cooled as necessary to maintain an

ambient temperature that ensures the

health and well-being of the dogs or cats

held there.

The regulations do not specify a

maximum temperature at which dogs or

cats may be held for up to 4 hours.

Because there is no maximum

temperature restriction in the

regulations, it is conceivable that a dog

or cat could be exposed to extremely

high temperatures for up to 4 hours.

Temperatures exceeding 90 °F can be

harmful to dogs and cats even if they are

exposed to those temperatures for less

than 4 hours.

In the case of air transportation, there

is no maximum temperature specified to

which dogs or cats can be exposed, even

for over 4 hours. Although the

regulations do state that any cargo area

where dogs or cats are held must be

cooled as necessary to maintain an

ambient temperature that ensures the

health and well-being of the dogs or cats

held there, there have been incidents

where dogs or cats were exposed to

extremely high temperatures during air

travel. Such exposure resulted in

serious harm or, in some cases, death to

those animals.

For these reasons, we are proposing to

require that the ambient temperature in

indoor housing facilities, sheltered

housing facilities, mobile or traveling

housing facilities, primary conveyances

(motor vehicle, rail, air, and marine),

and terminal facilities must never rise

above 90 °F (32.2 °C) when dogs or cats

are present.

Licensed dog and cat dealers and

transporters of dogs and cats would

have several alternative methods of

complying with this proposal. They

could install air conditioning or electric

fans to cool the air inside the facilities

and conveyances. Dog and cat dealers

could also comply by establishing

outdoor shelters, which are not subject

to temperature requirements, or

providing animals in sheltered housing

facilities with outdoor runs where they

are not already available. Outdoor

shelters and runs provide the dogs and

cats with access to fresh air, air

movement (breezes and winds), shade

(required by the regulations), and other

climatic and environmental factors

which help to alleviate suffering from

high temperatures. Also, humidity

levels can become unbearable in

enclosed facilities where the

temperature exceeds 90 °F. Suffering

from humidity levels outdoors, even

when the temperature is above 90 °F, is

usually mitigated by other climatic

factors, as described above.

Executive Order 12866 and Regulatory

Flexibility Act

This proposed rule has been reviewed

under Executive Order 12866. The rule

has been determined to be significant

for the purposes of Executive Order

12866 and, therefore, has been reviewed

by the Office of Management and

Budget.

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

have performed an Initial Regulatory

Flexibility Analysis, which is set out

below, regarding the impact of this rule

on small entities. However, we do not

currently have all the data necessary for

a comprehensive analysis of the effects

of this rule on small entities. Therefore,

we are inviting comments concerning

potential effects. In particular, we are

interested in determining the number

and size of licensed facilities that would

have to make changes to comply with

the proposed temperature requirements,

and the kind of change those licensees

would likely choose in order to comply

(for example, installing air conditioning

or constructing outdoor facilities).

Under the Animal Welfare Act (7

U.S.C. 2131 et seq.) the Secretary of

Agriculture is authorized to promulgate

standards and other requirements

governing the humane handling,

housing, care, treatment, and

transportation of certain animals by

dealers, research facilities, exhibitors,

and carriers and intermediate handlers.

This proposed rule would eliminate

the use of tethering as a means of

primary enclosure for dogs, and would

affect Class A and Class B licensed dog

dealers. Over 95 percent of Class A and

Class B licensed dog dealers are

considered small businesses.

There is no information available on

the actual number of Class A and Class

B licensed dog dealers who use

tethering as a means of primary

enclosure. However, kennels and cages

are currently the preferred means of

primary enclosure, with tethering

sometimes used as a temporary

restraint. Tethering is no longer a

generally accepted practice within the

dog dealer industry, and some industry

groups prohibit their members from

using tethering as a means of permanent

restraint. Therefore, we do not expect

this proposal to have a significant

impact on dog dealers, large or small,

because tethering as a means of primary
34388 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

enclosure is rarely, if ever, utilized by

Class A and Class B licensed dog

dealers.

This proposed rule would also revise

the temperature requirements for

indoor, sheltered, and mobile and

traveling housing facilities, and for

primary conveyances used in

transportation, to state that the ambient

temperature must never exceed 90 °F

(32.2 °C) when dogs or cats are present.

This temperature requirement would

affect Class A and Class B licensed dog

and cat dealers. Currently, the

regulations state (except for air

transportation) that the ambient

temperature in a facility, holding area,

or cargo space must not exceed 85 °F

(29.5 °C) for more than 4 consecutive

hours. The regulations for air

transportation provide that cargo areas

must be heated or cooled as necessary

to maintain an ambient temperature that

ensures the health and well-being of the

dogs or cats held there.

There are currently a total of 4,325

licensed dog and cat dealers (over 95

percent of which are considered small

businesses, as stated previously). We do

not know precisely how many of these

house only dogs and/or cats, but it is

probably close to 90 percent or more.

We expect that the additional

temperature requirement would impact

Class A and Class B licensed dog and

cat dealers mainly in the States of

Arkansas, Missouri, Kansas, Oklahoma,

and Iowa. These are States in which

there is a high concentration of Class A

and Class B licensed dog and cat dealers

(approximately 2,326 dealers), and in

which the temperatures can be highly

variable in the summer months, with

many days reaching temperatures above

90 °F. In most cases, if a dealer has been

able to comply with the requirement

that the ambient temperature in the

facility must not exceed 85 °F for more

than 4 consecutive hours, they would

likely be able to comply with this

proposal without any additional

expense. We estimate that at least 85

percent of potentially affected entities

are already in compliance with the

temperature requirements in this

proposed rule.

However, if a dealer finds that he or

she is not prepared to meet the new

requirement, the cost of compliance

would depend on what method the

dealer chooses to cool the facility. For

indoor and sheltered housing facilities,

the alternatives would most likely

include: (1) Installation of air

conditioning. Installation of air

conditioning could cost between $1,000

and $3,000 per unit, and operational

expenditures for electricity could range

between $200 to $500 per year; (2)

Installation of electric fans. Installation

of electric fans could cost between $300

and $500 per unit, and operational

expenditures for electricity could range

between $100 to $300 per year; (3)

Establishing outdoor shelters, which are

not subject to temperature requirements.

We estimate that it would cost $17.00 to

$29.00 to establish an outdoor facility

for a single medium-sized dog that

would meet the minimum requirements

of the regulations (based on 18 feet of

chain-link fence at $.40 to $.50 per foot,

a $20 to $30 commercial dog house, and

$10 to $20 in labor); or (4) Providing

dogs and cats in sheltered housing

facilities with outdoor runs where they

are not already available. We estimate

that it would cost $8.60 to $22.50 to

construct an outdoor run for a single

medium-sized dog that would meet the

minimum requirements of the

regulations (based on 9 to 15 feet of

chain-link fence at $.40 to $.50 per foot

plus $5.00 to $15.00 in labor).

All these cost estimates could vary

considerably depending on the number

of animals housed in the facility, the

quality of the materials used in

construction, and the adaptability of

existing structures. Because most dog

and cat dealers are small businesses, the

cost of installing air conditioning may

comprise a significant portion of their

overall operational expenses. It is

anticipated that the affected dealers

would choose the less costly

alternatives of installing electric fans or

establishing outdoor shelters or runs.

We do not expect that this proposal

would impact transporters of dogs and

cats. Most transporters (motor vehicle,

rail, air, and marine) already have the

capacity to provide adequate ventilation

and/or air conditioning for animals in

their cargo areas and holding facilities.

The majority of dog and cat deaths from

extremely high temperatures in cargo

areas or holding facilities have been due

to human error. This proposal would

help ensure that transporters utilize

their existing capacity to maintain a

healthy temperature range for the

animals they transport, and would not

likely require transporters to install

additional cooling systems.

The alternative to this proposed rule

would be to make no changes to the

temperature and tethering requirements

in the regulations. After consideration,

we rejected this alternative because we

believe that tethering dogs as a means of

primary enclosure is not a humane

practice, and because temperatures

exceeding 90 °F can be harmful to dogs

and cats.

This proposed rule contains no

paperwork or recordkeeping

requirements.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, 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

This proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects

9 CFR Part 1

Animal welfare, Pets, Reporting and

recordkeeping requirements, Research.

9 CFR Part 3

Animal welfare, Marine mammals,

Pets, Reporting and recordkeeping

requirements, Research, Transportation.

Accordingly, 9 CFR parts 1 and 3

would be amended as follows:

PART 1—DEFINITION OF TERMS

1. The authority citation for part 1

would continue to read as follows:

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

2.80, and 371.2(g).

2. In § 1.1, the definition for primary

enclosure would be revised to read as

follows:

§ 1.1 Definitions.

* * * * *

Primary enclosure means any

structure or device used to restrict an

animal or animals to a limited amount

of space, such as a room, pen, run, cage,

compartment, pool, or hutch.

* * * * *

PART 3—STANDARDS

3. The authority citation for part 3

would continue to read as follows:

Authority: 7 U.S.C. 2131–2156; 7 CFR 2.22,

2.80, and 371.2(d).

§§ 3.2, 3.3, and 3.5 [Amended]

4. In §§ 3.2, 3.3, and 3.5, paragraph (a)

of each section would be amended by
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34389

adding a new identical sentence at the

end of each paragraph to read as set

forth below:

(a)* * * The ambient temperature in

the facility must never rise above 90 °F

(32.2 °C) when dogs and cats are

present.

* * * * *

§ 3.6 [Amended]

5. Section 3.6 would be amended by

removing paragraph (c)(2), and by

redesignating paragraphs (c)(3) and

(c)(4) as paragraphs (c)(2) and (c)(3),

respectively.

6. In § 3.15, paragraphs (d) and (e)

would be revised to read as follows:

§ 3.15 Primary conveyances (motor

vehicle, rail, air, and marine).

* * * * *

(d) During air transportation, dogs and

cats must be held in cargo areas that are

heated and cooled as necessary to

maintain an ambient temperature that

ensures the health and well-being of the

dogs or cats. The ambient temperature

in the cargo areas must never rise above

90 °F (32.2 °C) when dogs or cats are

present. The cargo areas must be

pressurized when the primary

conveyance used for air transportation

is not on the ground, unless flying

under 8,000 ft. Dogs and cats must have

adequate air for breathing at all times

when being transported.

(e) During surface transportation, the

ambient temperature within any animal

cargo space containing live dogs or cats

must never rise above 90 °F (32.2 °C).

Moreover, auxiliary ventilation, such as

fans, blowers, or air conditioning, must

be used when the ambient temperature

within the animal cargo space reaches

85 °F (29.5 °C). The ambient

temperature must not exceed 85 °F (29.5

°C) for more than 4 consecutive hours,

nor fall below 45 °F (7.2 °C) for more

than four consecutive hours.

* * * * *

7. In § 3.18, paragraph (d) would be

revised to read as follows:

§ 3.18 Terminal facilities.

* * * * *

(d) Temperature. The ambient

temperature in an animal holding area

containing live dogs or cats must not fall

below 45 °F (7.2 °C) or rise above 85 °F

(29.5 °C) for more than 4 consecutive

hours at any time dogs or cats are

present. The ambient temperature in the

animal holding area must never rise

above 90 °F (32.2 °C) when dogs or cats

are present.

* * * * *

Done in Washington, DC, this 27th day of

June 1996.

Terry L. Medley

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16871 Filed 7–1–96; 8:45 am]

BILLING CODE 3410–34–P

9 CFR Part 3

[Docket No. 95–100–1]

RIN 0579–AA78

Humane Treatment of Dogs and Cats;

Wire Flooring

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the requirements for the humane

treatment of dogs and cats under the

Animal Welfare Act to require that if the

floor of a primary enclosure for dogs or

cats is constructed of wire, the wire

must be coated with a material such as

plastic or fiberglass. Coated wire has a

larger diameter than bare wire, and is

therefore more comfortable on animals’

feet. Coated wire is also not susceptible

to rust, improving the floor’s structural

strength and making it easier to clean

and sanitize than bare wire flooring. We

believe that requiring coated wire to be

used for wire floors in primary

enclosures would improve comfort for

dogs and cats housed in wire-floored

enclosures, would help eliminate foot

injuries, and would ensure that wire

flooring for dogs and cats is clean and

sanitary.

DATES: Consideration will be given only

to comments received on or before

September 3, 1996.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 95–100–1, 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. 95–100–1. 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.

FOR FURTHER INFORMATION CONTACT: Mr.

Stephen Smith, Staff Animal Health

Technician, REAC, APHIS, 4700 River

Road Unit 84, Riverdale, MD 20737–

1234, (301) 734–4972.

SUPPLEMENTARY INFORMATION:

Background

Under the Animal Welfare Act (the

Act)(7 U.S.C. 2131 et seq.) the Secretary

of Agriculture is authorized to

promulgate standards and other

requirements governing the humane

handling, housing, care, treatment, and

transportation of certain animals by

dealers, research facilities, exhibitors,

and carriers and intermediate handlers.

Regulations established under the Act

are contained in 9 CFR parts 1, 2, and

3. Subpart A of 9 CFR part 3 (referred

to below as the regulations) contains

specific standards for the humane

handling, care, treatment, and

transportation of dogs and cats.

Recently, the Animal and Plant

Health Inspection Service (APHIS)

hosted public meetings in Kansas City

and St. Louis, MO, and in Washington,

DC, to gather information on the

regulations in 9 CFR part 3, subpart A,

that apply to the care of dogs and cats

in the commercial pet trade. People

attending the meetings included

representatives of animal protection

organizations and members of affected

industries, such as dealers, research

facilities, and commercial animal

transporters.

Each meeting was divided into four

workshops covering specific topic areas.

One of the workshop topic areas

concerned sanitation, materials,

flooring, and construction of primary

enclosures. APHIS has considered all of

the recommendations and opinions

expressed by participants of this

workshop at each of the meetings, as

well as APHIS’ own experience in

enforcing the Act, in developing this

proposal on flooring in primary

enclosures. There were many

recommendations expressed in the

workshops on issues other than flooring

in primary enclosures. APHIS is

continuing to review and analyze all the

recommendations received, and will

initiate additional rulemaking for any

changes deemed appropriate.

Currently, the regulations require that

primary enclosures for dogs and cats

must, among other things, enable all

surfaces in contact with the animals to

be readily cleaned and sanitized, or be

replaceable when worn or soiled.

Primary enclosures must also ‘‘(h)ave

floors that are constructed in a manner

that protects the dogs’ and cats’ feet and

legs from injury, and that, if of mesh or

slatted construction, do not allow the

dogs’ and cats’ feet to pass through any

openings in the floor. If the floor of the

primary enclosure is constructed of

wire, a solid resting surface or surfaces

that, in the aggregate, are large enough