Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34385

b. By adding, in alphabetical order,

entries for Hyacinth bean and Yard long

bean from Honduras and Broad bean,

Green bean, and Mung bean from

Nicaragua to read as set forth below.

§ 319.56–2x Administrative instructions;

conditions governing the entry of certain

fruits and vegetables for which treatment is

required.

(a) * * *

Country/

locality

Common

name Botanical name Plant part(s)

* * * * * * *

Belize ........... Papaya ........ Carica papaya ......... Fruit (Treatment for Medfly not required for fruit grown in the districts of Cayo, Corozal,

and Orange Walk, or in any portion of the district of Stann Creek except the area

bounded as follows: Beginning at the southernmost point of the Placencia Peninsula;

then north along the coast of the Caribbean Sea to Riversdale Rd.; then west along

Riversdale Rd. to Southern Hwy.; then south along the Southern Hwy. to Independence Rd.; then east along Independence Rd. to Big Creek Port; then east, on an imaginary line, from Big Creek Port across the Placencia Lagoon to the point of beginning—

see § 319.59–2t.) Papayas prohibited entry into Hawaii due to the papaya fruit fly,

Toxotrypana curvicauda. Cartons in which fruit is packed must be stamped ‘‘Not for importation into or distribution within HI.’’

* * * * * * *

Honduras ..... Hyacinth

bean.

Lablab purpureus .... Pod or shelled.

Yard long

bean.

Vigna unguiculata,

subsp.

sesquipedalis.

Pod or shelled.

* * * * * * *

Nicaragua ..... Broad bean Vicia faba ................ Pod or shelled.

Green bean Phaseolus spp ........ Pod or shelled.

Mung bean Vigna radiata ........... Pod or shelled.

* * * * * * *

* * * * *

Done in Washington, DC, this 27th day of

June 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16870 Filed 7–1–96; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR PART 1240

[FV–96–707]

Honey Research, Promotion, and

Consumer Information Order;

Continuance Referendum

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Referendum order.

SUMMARY: This document gives notice

that a referendum will be conducted to

determine whether the continuance of

the Honey Research, Promotion, and

Consumer Information Order is favored

by a majority of the producers,

producer-packers, and importers voting

in the referendum. This action

establishes the voting period,

representative period, method of voting,

and agents.

DATES: The referendum will be

conducted by mail ballot from August 1

through August 30, 1996. The

representative period for establishing

voter eligibility shall be the period from

January 1, 1994, through December 31,

1995.

ADDRESSES: Copies of the Honey

Research, Promotion, and Consumer

Information Order may be obtained

from: Referendum Agent, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456,

Room 2535–S, Washington, DC 20090–

6456.

FOR FURTHER INFORMATION CONTACT:

Richard Schultz, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, Room 2535–S,

P.O. Box 96456, Washington, D.C.

20090–6456. Telephone (202) 720–5976.

SUPPLEMENTARY INFORMATION: A

referendum will be conducted among

eligible honey producers, producerpackers, and importers to determine

whether the continuance of the Honey

Research, Promotion, and Consumer

Information Order (Order) [7 CFR 1240]

is favored by persons voting in the

referendum. The Order is authorized

under the Honey Research, Promotion,

and Consumer Information Act, as

amended (act) [7 U.S.C. 4601–4612].

The representative period for

establishing voter eligibility for the

referendum shall be the period from

January 1, 1994, through December 31,

1995. Persons who are producers,

producers and handlers, or importers of

honey or honey products at the time of

the referendum and during the

representative period are eligible to

vote. Persons who have received an

exemption from assessment for the

entire representive period are ineligible

to vote. The referendum shall be

conducted by mail ballot from August 1

through 30, 1996.

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

that 5 years from the date on which the

Secretary of Agriculture (Secretary)

issues an order authorizing the

collection of assessments, and every 5

years thereafter, the Secretary shall

conduct a referendum to determine if

honey producers and importers favor

the termination or suspension of the

Order. On July 21, 1986, the Secretary

issued the Order, and the first

continuance referendum was conducted

in August 1991. Therefore, this order is

issued pursuant to the Act’s

requirements and gives producers and

importers a second opportunity to 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
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