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
34390 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules

to hold all the occupants of the primary

enclosure at the same time comfortably

must be provided.’’

Wire floors are preferable to solid

floors for many dealers, breeders,

researchers, and exhibitors because

waste material can pass through the

openings in the floor, making the

enclosures easier to keep clean. In many

primary enclosures that have wire

floors, the floors are constructed of bare

wire. It is our experience in enforcing

the Act, however, that bare wire flooring

is inadequate in providing for the

comfort and well-being of dogs and cats.

Bare wire can be uncomfortable on

dogs’ and cats’ feet because the wire has

a narrow diameter, providing

inadequate support and potentially

causing lesions and sores on the

animals’ feet. Bare wire is also prone to

rust, which not only affects the

structural strength of the primary

enclosure, but can cause foot injuries

because rusty wire is abrasive and

because dogs and cats may be cut or

poked by broken, rusty pieces of wire.

Rusted wire is also difficult to clean and

sanitize thoroughly, because the rust

makes the wire semi-porous in places,

allowing bacteria and viruses to remain

even after thorough cleaning. Further,

bare wire flooring often sags or bends

between structural supports, creating an

uncomfortable resting surface for the

animals.

Wire that has been coated with

plastic, fiberglass, or similar material

has a larger diameter than bare wire, so

that floors constructed from coated wire

provide better support and are more

comfortable on dogs’ and cats’ feet.

Coated wire also eliminates the problem

of rusting, making coated wire floors

easier to clean and maintain, and less

likely to cause foot injuries, than bare

wire floors. In addition, the coating on

the wire adds strength, making it less

likely that coated wire would sag or

bend between structural supports.

For these reasons, we are proposing to

prohibit bare wire in the construction of

primary floors and 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, that can be cleaned

and sanitized readily. We are not

proposing to limit the material with

which the wire must be coated to only

plastic or fiberglass because there is a

variety of materials currently on the

market that would be adequate, and new

and better materials may be introduced

in the future. Also, depending on the

size of the openings in the flooring, and

the size and weight of a particular

animal, different diameters of coated

wire may be adequate to provide

increased comfort for the animals. Some

wires are sold, however, that are coated

with a very thin layer of material, which

would not provide any increased

comfort over bare wire. For this reason,

we propose to further require that the

coated wire must have a well-rounded

surface and must be of a large enough

diameter so that it is comfortable on the

animals’ feet and protects the animals’

feet from injury. Also, coated wire floors

would have to be strong enough so that

the floor does not sag or bend between

structural supports.

We realize that replacing existing bare

wire flooring could be a substantial cost,

depending on the size of the facility.

Coated wire flooring is significantly

more expensive than bare wire. To ease

the burden of complying with the new

requirement, we are proposing that the

final rule would have two effective

dates: one 30 days after publication of

the final rule and one 2 years after

publication of the final rule. Any new

construction done on and after 30 days

after publication of the final rule would

have to be in compliance with the new

flooring requirements. Also, on and after

30 days after publication of the final

rule, any bare wire floors in existing

primary enclosures that are replaced

because of wear would have to be

replaced in compliance with the new

flooring requirements. On and after 2

years from the effective date of a final

rule, all licensees and registrants would

have to comply with the new

requirements. Wire floors usually wear

out from rust and general usage within

a 2 year time-frame, so we believe that

almost all existing bare wire floors

would be replaced by coated wire before

the 2 year grace period expired. The

delayed effective date would give

breeders, dealers, researchers, and

exhibitors the opportunity to retain their

existing bare wire floors until they wear

out under normal usage. The 2 year

delay would also give time to prepare

for the additional cost of replacing

existing floors.

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 how many

licensees and registrants would have to

replace bare wire flooring as a result of

this proposed rule and the average

number of animals these licensees

house, to help us better determine the

economic impact of this proposal.

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 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, that can be

cleaned and sanitized readily, is

comfortable on the animals’ feet, and

protects the animals’ feet from injury.

The coated wire must also be strong

enough so that the floor does not sag or

bend between structural supports. We

believe that requiring coated 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.

This proposed rule would affect all

breeders, dealers, research facilities, and

exhibitors of dogs and cats that are

licensed or registered under the Animal

Welfare Act and that house their

animals in primary enclosures with bare

wire floors. There are currently 4,325

licensed breeders and dealers, 2,339

licensed exhibitors, and 2,688 registered

research facilities and sites. We do not

know how many of these licensees and

registrants house dogs and cats. Further,

we cannot determine the exact number

of licensees and registrants that house

their dogs and cats on wire flooring or

the total number of animals involved,

but it is known that a significant

percentage of licensees and registrants

do use wire flooring in primary

enclosures because it is easier to

maintain than solid flooring. Most wire

floored enclosures are constructed with

bare wire. Some licensees, however,

have converted existing bare wire

flooring to coated wire, and coated wire

flooring is currently the preferred

material for new construction.

The market price of both bare and

coated wire varies depending on the

quality and diameter width of the

material. Floor space requirements for

primary enclosures also vary depending
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Proposed Rules 34391

on the size of the animals. Large dogs on

average require about 13 square feet of

floor space, while small dogs require

about 6.5 square feet. Bare wire of the

type most often used currently sells for

about $1.50 per square foot. Coated wire

that meets the other standards for use

under the Animal Welfare Act sells for

between $2.25 and $5.00 per square

foot. Requiring the use of coated wire

could result in increased costs for

replacement of between 60 and 233

percent. Thus, replacing bare wire with

coated wire could result in additional

expenditures ranging from $4.87 to

$22.75 for each small dog housed and

from $13.00 to $45.50 for each large dog.

We estimate that it would take

approximately 1 to 11⁄2 hours per cage

to replace bare wire flooring with coated

wire. Labor could run from $5.00 to

$10.00 per hour.

The total cost to an individual

licensee or registrant would depend on

the number of animals being housed.

However, because coated wire floors do

not rust, they need to be replaced far

less frequently than bare wire floors.

Therefore, the initial cost of replacing

the floors would be made up, in part,

over a period of time, because the

coated wire floor will provide longer

use.

To ease the burden of complying with

the new requirement, we are proposing

that the final rule would have two

effective dates: one 30 days after

publication of the final rule and one 2

years after publication of the final rule.

Any new construction done on and after

30 days after publication of the final

rule would have to be in compliance

with the new flooring requirements.

Also, on and after 30 days after

publication of the final rule, any bare

wire floors in existing primary

enclosures that are replaced because of

wear would have to be replaced in

compliance with the new flooring

requirements. On and after 2 years from

the effective date of a final rule, all

licensees and registrants would have to

comply with the new requirements.

Wire floors usually wear out from rust

and general usage within a 2 year timeframe, so we believe that almost all

existing bare wire floors would be

replaced by coated wire before the 2

year grace period expired. The delayed

effective date would give breeders,

dealers, researchers, and exhibitors the

opportunity to retain their existing bare

wire floors until they wear out under

normal usage. The 2 year delay would

also give time to prepare for the

additional cost of replacing existing

floors.

The alternative to this proposed rule

would be to make no change to the

flooring requirements for primary

enclosures. After consideration, we

rejected this alternative because we

believe that bare wire floors are

inadequate to provide for the comfort

and well-being of 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. 10.028 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 in 9 CFR Part 3

Animal welfare, Marine mammals,

Pets, Reporting and recordkeeping

requirements, Research, Transportation.

Accordingly, 9 CFR part 3 would be

amended as follows:

PART 3—STANDARDS

1. 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).

2. In § 3.6, a new paragraph (a)(2)(xii)

would be added to read as follows:

§ 3.6 Primary enclosures.

(a) General requirements. * * *

(2) * * *

(xii) The following requirements are

effective for primary enclosures

constructed on or after [insert date 30

days after publication of final rule] and

for bare wire floors replaced on or after

[insert date 30 days after publication of

final rule]. On or after [insert date 2

years after publication of final rule] the

following requirements are effective for

all primary enclosures. The floor of the

primary enclosure may not be

constructed of bare wire. If the floor of

the primary enclosure is constructed of

wire, the wire must be coated with a

material, such as plastic or fiberglass,

that can be cleaned and sanitized

readily. The coated wire must have a

well-rounded surface and must be of a

large enough diameter so that it is

comfortable on the animals’ feet and

protects the animals’ feet from injury.

Coated wire floors must be strong

enough so that the floor does not sag or

bend between structural supports.

Done in Washington, DC, this 27th day of

June 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–16872 Filed 7–1–96; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AAL–4]

Proposed Revision of Class E

Airspace; Ketchikan, AK

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action revises the Class

E airspace at Ketchikan, AK. The

development of the Global Positioning

System (GPS) instrument approach

(GPS-B) to Ketchikan International

Airport, AK, and the establishment of

the Special Visual Flight Rules (VFR)

Seaplane holding area at Ward Cove

have made this action necessary. The

areas would be depicted on aeronautical

charts for pilot reference. The intended

effect of this proposal is to provide

adequate controlled airspace for

Instrument Flight Rules (IFR) operations

and provide Special VFR seaplane

holding at Ketchikan, AK.

DATES: Comments must be received on

or before August 23, 1996.

ADDRESSES: Send comments on the

proposal in triplicate to: Manager,

System Management Branch, AAL–530,

Docket No. 95–AAL–4, Federal Aviation

Administration, 222 West 7th Avenue,

Box 14, Anchorage, AK 99513–7587.

The official docket may be examined

in the Office of the Assistant Chief

Counsel for the Alaskan Region at the

same address.

An informal docket may also be

examined during normal business hours

in the Office of the Manager, System

Management Branch, Air Traffic

Division, at the address shown above.