[Federal Register: January 3, 2008 (Volume 73, Number 2)]
[Proposed Rules]
[Page 413-420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja08-10]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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[[Page 413]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 2 and 3
[Docket No. 99-014-2]
RIN 0579-AC41
Animal Welfare; Climatic and Environmental Conditions for
Transportation of Warmblooded Animals Other Than Marine Mammals
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule; withdrawal and reproposal.
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SUMMARY: We are proposing to amend the Animal Welfare Act regulations
regarding transportation of live animals other than marine mammals by
removing the current ambient temperature requirements for various
stages in the transportation of those animals. We would replace those
requirements with a single performance standard under which the animals
would be transported under climatic and environmental conditions that
are appropriate for their welfare. The regulations currently require
that ambient temperatures be maintained within certain ranges during
transportation, but animals may be transported at ambient temperatures
below the minimum temperatures if their consignor provides a
certificate signed by a veterinarian certifying that the animals are
acclimated to temperatures lower than the minimum temperature. This
proposal would make acclimation certificates for live animals other
than marine mammals unnecessary. This proposal replaces a previously
published proposed rule, which we are withdrawing as part of this
document, that would have required that the acclimation certificate for
a dog or cat be signed by the owner of the dog or cat being transported
rather than by a veterinarian. This proposal does not address marine
mammals due to their unique requirements for care and handling. These
changes would remove potentially confusing temperature requirements and
acclimation certificate provisions from the regulations governing the
transportation of animals other than marine mammals and focus those
regulations on ensuring that climatic and environmental conditions are
maintained appropriately during transportation of those animals.
DATES: We will consider all comments that we receive on or before March
3, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0150
to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. 99-014-2, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. 99-014-2.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Jerry D. DePoyster, Veterinary
Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84,
Riverdale, MD 20737-1234; (301) 734-7586.
SUPPLEMENTARY INFORMATION:
Background
Under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.), the
Secretary of Agriculture is authorized to promulgate regulations and
standards governing the humane handling, housing, care, treatment, and
transportation of certain animals by dealers, research facilities,
exhibitors, and carriers and intermediate handlers. The Secretary has
delegated the responsibility for enforcing the AWA to the U.S.
Department of Agriculture's (USDA) Animal and Plant Health Inspection
Service (APHIS). Regulations and standards established under the AWA
are contained in 9 CFR parts 1, 2, and 3 (referred to below as the
regulations). Parts 1 and 2 contain definitions and general
requirements, and part 3 contains specific standards for the care of
animals.
The regulations in part 3 are divided into six subparts, designated
as subparts A through F, each of which contains facility and operating
standards, animal health and husbandry standards, and transportation
standards for a specific category of animals. Respectively, these
categories of animals are: Dogs and cats (Subpart A); guinea pigs and
hamsters (Subpart B); rabbits (Subpart C); nonhuman primates (Subpart
D); marine mammals (Subpart E); and warmblooded animals other than
those addressed in the previous subparts (Subpart F).
In each of these subparts, the final seven sections contain
standards for the transportation of the type of animals addressed in
the subpart. These transportation standards are very similar across the
subparts, although some details of their requirements differ.
Each of the subparts specifies a range of ambient temperatures to
which live animals may be exposed during transportation. For example,
Sec. 3.18 of subpart A contains minimum requirements for terminal
facilities used in the transportation of dogs and cats. Among other
things, Sec. 3.18 requires that the ambient temperature in an animal
holding area containing dogs and cats must not fall below 45 [deg]F
(7.2 [deg]C) or rise above 85 [deg]F (29.5 [deg]C) for more than 4
consecutive hours at any time dogs or cats are present. Section 3.19 of
subpart A contains minimum requirements for handling dogs and cats when
they are moved within, to, or from an animal holding area of a terminal
facility or a primary conveyance when being transported. Among other
things, Sec. 3.19 requires that dogs or cats must not be exposed to an
ambient temperature below 45 [deg]F (7.2 [deg]C) or above 85 [deg]F
(29.5 [deg]C) for a period of more than 45 minutes.
[[Page 414]]
Section 3.13, paragraph (e), requires that carriers and
intermediate handlers must not accept a dog or cat for transport in
commerce unless their animal holding area meets the minimum temperature
requirements provided in Sec. Sec. 3.18 and 3.19, or unless the
consigner provides them with a certificate signed by a veterinarian
certifying that the animal is acclimated to temperatures lower than
those required in Sec. Sec. 3.18 and 3.19. Such a certificate is
commonly referred to as an acclimation certificate.
Also related to climatic conditions, Sec. 2.131 of the regulations
contains requirements for the handling of animals that apply to all
animals. Paragraph (e) of this section requires that whenever climatic
conditions present a threat to an animal's health or well-being,
appropriate measures must be taken to alleviate the impact of those
conditions. This requirement is in addition to, not in place of, the
specific temperature requirements in 9 CFR part 3.
The June 1999 Proposed Rule Regarding Acclimation Certificates
On June 7, 1999, we published in the Federal Register (64 FR 30527-
30529, Docket No. 99-014-1) a proposal to amend the regulations by
requiring that acclimation certificates be signed by the owner of the
dog or cat rather than by a veterinarian. We proposed this change
because veterinarians are often asked to sign certificates of
acclimation for dogs and cats that they have seen only for routine
examinations or if the animals are ill. It is difficult for a
veterinarian to determine if a dog or cat has been acclimated to a
specific temperature based on a veterinary examination. Therefore, we
determined that it was inappropriate to place responsibility for such
certification on veterinarians.
We solicited comments concerning our proposal for 60 days ending
August 6, 1999. We received a total of 19 comments by that date. They
were from animal welfare organizations, veterinary medical
associations, a federation of dog sports associations, and private
citizens. The comments we received have led us to withdraw the June
1999 proposed rule and issue this reproposal. This reproposal would
remove the current ambient temperature requirements for various stages
in the transportation of dogs and cats, as well as all other live
animals other than marine mammals. It would replace those requirements
with a performance standard under which those animals must be
transported under climatic conditions that are not detrimental to the
animals' welfare. The comments are described below.
Of the 19 commenters, six commenters, all veterinary medical
associations, strongly supported the proposal. These commenters stated
that, under the current regulations, veterinarians are requested to
issue acclimation certificates without being able to ensure the
accuracy of the certificates, due to unfamiliarity with the animal to
be transported under the acclimation certificate. Often, these
commenters said, the veterinarian asked to issue the certificate has
never before seen the animal for which the certificate is requested.
Veterinarians who are unfamiliar with a dog or cat for which an
acclimation certificate is requested must either deny certification due
to their lack of knowledge about the animal or issue a certificate that
is worded to reflect uncertainty about its appropriateness. The
commenters stated that this could result in the veterinarian being
exposed to liability if the animal being transported under an
acclimation certificate suffers harm in transit. These commenters
agreed that the owner of a dog or cat that is to be transported is
likely to have the most knowledge about whether the animal is
acclimated to temperatures below 45 [deg]F (7.2 [deg]C).
One commenter supported the proposal but stated that it was unclear
to many regulated parties how the acclimation certificate is used and
to what stages of the transportation of dogs and cats it applies. The
commenter also expressed doubt that the requirements of the acclimation
certificate were consistently enforced. This commenter urged that we
reexamine the regulations to address other issues relating to the
transportation of dogs and cats.
The other 12 commenters opposed the proposed rule. Noting that the
analysis under the heading ``Executive Order 12866 and Regulatory
Flexibility Act'' in the proposed rule stated that licensed dealers
transport animals more often than other dog and cat owners, these
commenters were concerned that licensed dealers might have an interest
in falsely certifying the animals they transport as being acclimated to
ambient temperatures lower than 45 [deg]F (7.2 [deg]C) in order to
reduce the cost of transporting the animals. Some of these commenters
also expressed concern that individual dog and cat owners might lack
the knowledge necessary to evaluate whether their dogs or cats are
acclimated to low temperatures.
One of the commenters opposed to the proposal stated that the
availability of the acclimation certificate, regardless of whether it
is signed by a veterinarian or by the owner of the animal, has the
potential to weaken the effectiveness of the temperature requirements
in Sec. Sec. 3.18 and 3.19. This commenter suggested that we eliminate
the acclimation certificate entirely and add to our current temperature
requirements a performance standard stating that ``at no time may an
animal be exposed to a combination of temperature, humidity, and time
that would pose a threat to the animal's health and well-being.'' The
commenter's proposed language was drawn from paragraph (e) of Sec.
2.131, which was quoted earlier in this document and which applies to
the handling of all animals.
We agree with the commenters that there may be some confusion about
the purpose and applicability of acclimation certificates. In addition,
we agree that the acclimation certificate would not be necessary if a
single performance standard for maintaining climatic and environmental
conditions were in place instead of the temperature requirement.
Other considerations also indicate that a single performance
standard may be preferable to the specific requirements for ambient
temperature ranges currently in the regulations. A specific case arises
in the regulations governing the transportation of dogs and cats.
Besides the temperature requirements in Sec. Sec. 3.18 and 3.19, which
have been described previously in this document, Sec. 3.15 requires
that, during surface transportation, the ambient temperature may not
exceed 85 [deg]F (29.5 [deg]C) or fall below 45 [deg]F (7.2 [deg]C) for
more than 4 consecutive hours. While the time limits in Sec. Sec.
3.15, 3.18, and 3.19 regarding exposure to temperatures outside the
prescribed ranges provide some flexibility to carriers and intermediate
handlers transporting dogs and cats, they could also result in dogs and
cats being exposed to ambient temperatures outside the prescribed
ranges during transport for lengthy periods. This is because the
temperature requirements apply to different stages of transportation
for dogs and cats, and each change in a stage of transportation allows
for an additional period during which temperatures outside the
prescribed range can be maintained without violating the regulations.
The regulations divide the transportation of dogs and cats into
stages for regulatory purposes: Transportation in a primary conveyance;
transportation from a terminal facility into a primary conveyance, from
a primary conveyance into a terminal facility, or from a primary
conveyance to another primary conveyance; and holding time in a
terminal facility. A typical itinerary for the transportation of a dog
or cat thus might include time at a terminal facility awaiting
departure, time for
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transportation from that terminal facility into a surface
transportation primary conveyance, time in the primary conveyance, time
for transportation from the primary conveyance to a destination
terminal facility, and time at the destination terminal facility
awaiting pick-up.
Under the current regulations, dogs and cats may be exposed to
ambient temperatures above 85 [deg]F (29.5 [deg]C) or below 45 [deg]F
(7.2 [deg]C) for up to 4 consecutive hours at a terminal facility, for
up to 45 minutes during transportation between a terminal facility and
a primary conveyance, and for up to 4 consecutive hours in a primary
surface transportation conveyance. Dogs or cats following the typical
itinerary described in the previous paragraph could conceivably be
exposed to temperatures outside the prescribed ranges for up to 13.5
hours (4 hours each at the initial terminal facility, the primary
conveyance, and the final terminal facility, and 45 minutes for two
stages of transportation between the primary conveyance and the
terminal facilities) without violating the specific ambient temperature
requirements in the regulations.
The temperature requirements in Sec. Sec. 3.15, 3.18, and 3.19 are
in addition to, not in place of, other temperature requirements in 9
CFR parts 2 and 3, such as the requirements in Sec. 2.131(e);
therefore, if prolonged exposure to temperatures above 85 [deg]F (29.5
[deg]C) or below 45 [deg]F (7.2 [deg]C) was detrimental to the welfare
of a dog or cat, the persons transporting that dog or cat would be
required to take measures to avoid a situation like the one described
above. We work with carriers and intermediate handlers to ensure that
they are aware of all the requirements related to climatic and
environmental conditions that apply to the transportation of animals.
If we suspect that climatic or environmental conditions have not been
properly maintained, an inspector will observe the animal for clinical
signs of exposure to adverse conditions, examine the enclosure, and
record the ambient temperature.
However, exposure to temperatures outside the prescribed ranges for
the periods permitted under the current regulations for transportation
of dogs and cats could adversely affect animal welfare, contrary to the
regulations in Sec. 2.131(e). The other regulations governing the
transportation of live animals in part 3 also contain similar
provisions allowing the ambient temperature to rise above or fall below
prescribed limits for periods of time.
The regulations should ensure that live animals are transported in
climatic and environmental conditions that provide for their continued
welfare during transportation. A performance standard that replaces the
specific temperature requirements and sets out the various factors in
climatic and environmental conditions that need to be addressed and the
hazards of transportation in suboptimal climatic and environmental
conditions that must be avoided would provide for more flexibility
while ensuring that live animals are transported in conditions that
promote their welfare.
Accordingly, for the reasons discussed above, we are proposing to
remove the provisions for an acclimation certificate from the
regulations governing the transportation of all live animals, except
marine mammals, in part 3. (Marine mammals have unique requirements for
climatic and environmental conditions, and we believe the more specific
standards that currently apply to them under subpart E of 9 CFR part 3
are necessary to ensure their welfare.) We are also proposing to remove
from the regulations all the requirements that the ambient temperature
be maintained within a specific temperature range for live animals
other than marine mammals and replace those requirements with a single
performance standard for maintaining climatic and environmental
conditions that promote the welfare of live animals during their
transportation. The new performance standard is described below.
Proposed Performance Standard for Climatic and Environmental Conditions
During Transportation of Live Animals Other Than Marine Mammals
We would add the proposed performance standard to the regulations
in 9 CFR part 2 by adding a new paragraph (f) in Sec. 2.131 that is
specific to climatic and environmental conditions during transportation
of live animals other than marine mammals.
Paragraph (f)(1) of the proposed performance standard would state
that transportation of all live animals shall be done in a manner that
does not cause overheating, excessive cooling, or adverse environmental
conditions that could cause unnecessary discomfort or stress. When
climatic or environmental conditions, including temperature, humidity,
exposure, ventilation, pressurization, time, or other environmental
condition, or any combination thereof, present a threat to the health
or well-being of a live animal, appropriate measures would have to be
taken immediately to alleviate the impact of those conditions. The
different climatic and environmental factors prevailing during a
journey would always have to be considered when arranging for the
transportation of and when transporting live animals. Corrections may
include, but would not be limited to:
The temperature and humidity level of any enclosure used
during transportation of live animals would have to be controlled by
adequate ventilation or any other means necessary;
Appropriate care would have to be taken to ensure that
live animals are not subjected to drafts;
Appropriate care would have to be taken to ensure that
live animals are not exposed to direct heat, such as placement in
direct sunlight or near a hot radiator;
Appropriate care would have to be taken to ensure that
live animals are not exposed to direct sources of cold, and;
During prolonged air transit stops in local climatic
conditions that could produce excess heat for live animals held in
aircraft compartments, the aircraft doors would have to be opened and
if necessary ground equipment would have to be used to control the
condition of the air within compartments containing live animals.
Proposed paragraph (f)(2) of the performance standard provides
examples of factors to consider when meeting the requirements of
proposed paragraph (f)(1). Paragraph (f)(2) would state that, in order
to determine what climatic and environmental conditions are appropriate
for a warmblooded animal, factors such as, but not limited to, the
animal's age, type or breed, physiological state, last feeding, and
acclimation would have to be considered when such information is
available.
Proposed Changes to 9 CFR Part 3
As part of adding the new performance standard in Sec. 2.131(f),
we would amend references to specific standards for climatic and
environmental conditions in each of the six subparts in 9 CFR part 3,
except the marine mammals subpart, to refer to Sec. 2.131(f). We would
also add new sections at the end of each of the six subparts in 9 CFR
part 3, except the marine mammals subpart, that would state that
climatic and environmental conditions for the transport of the animals
in question would have to be maintained in accordance with the
requirements of Sec. 2.131(f). The new sections would be added to the
regulations as Sec. Sec. 3.20 (dogs and cats), 3.42 (guinea pigs and
hamsters), 3.67 (rabbits), 3.93 (nonhuman primates), and 3.143
(warmblooded animals other
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than dogs, cats, rabbits, hamsters, guinea pigs, nonhuman primates, and
marine mammals). Each of the sections would be titled ``Climatic and
environmental conditions during transportation.''
The transportation requirements in the subparts of 9 CFR part 3 are
structured similarly, with identical section titles addressing various
aspects of the transportation of live animals. The changes we are
proposing for the regulations governing the transportation of the
various types of live animals other than marine mammals are similar as
well. We will discuss the changes we are proposing in general terms and
cite the paragraphs we are proposing to change below. A complete list
of the changes we are proposing to make in 9 CFR part 3 can be found in
the regulatory text at the end of this document.
Consignments to carriers and intermediate handlers. These
sections currently contain provisions stating that carriers and
intermediate handlers must not accept a live animal for transport in
commerce unless their animal holding area can maintain a required
temperature range or unless the animal being transported is being
transported with an acclimation certificate. We would replace these
provisions with a statement that carriers and intermediate handlers
must not accept a live animal for transport in commerce unless their
animal holding area can maintain climatic and environmental conditions
in accordance with the proposed performance standard in Sec. 2.131(f).
This change would be made in Sec. Sec. 3.13(e), 3.35(c), 3.60(c),
3.86(e), and 3.136(c).
Primary conveyances (motor vehicle, rail, air, and
marine). These sections currently contain various requirements related
to maintaining climatic conditions while in transit in a primary
conveyance. For example, the regulations in Sec. 3.15(d) require that,
during air transportation, dogs and cats must be held in cargo areas
that are heated or cooled as necessary to maintain an ambient
temperature that ensures the health and well-being of the dogs or cats.
Paragraph (e) in Sec. 3.15 contains temperature requirements for
surface transportation. The regulations for rabbits in Sec. 3.62(g)
contain requirements for the use of auxiliary fans and for the
maintenance of ambient temperatures. All these requirements (and other,
similar requirements) would be replaced with provisions requiring that,
during transportation, climatic and environmental conditions in the
animal cargo area must be maintained in accordance with the proposed
performance standard in Sec. 2.131(f). This change would be made in
Sec. Sec. 3.15(d) and (e), 3.37(g), 3.62(g), and 3.88(d) and (e).
Care in transit. These sections require, among other
things, that persons transporting live animals in commerce must observe
the animals periodically to ensure that the ambient temperature is
within the limits prescribed elsewhere in the relevant subpart. We are
proposing to require instead that such persons ensure that climatic and
environmental conditions are being maintained in accordance with the
proposed performance standard in Sec. 2.131(f). This change would be
made in Sec. Sec. 3.17, 3.39(a), 3.64(a), 3.90, and 3.140.
Terminal facilities. These sections contain ambient
temperature requirements for the animal holding areas at terminal
facilities. We would replace these requirements with requirements that
the climatic and environmental conditions in animal holding areas be
maintained in accordance with the proposed performance standard in
Sec. 2.131(f). This change would be made in Sec. Sec. 3.18(d), 3.40,
3.65, 3.91(d), and 3.141.
Handling. In all these sections, paragraph (a) contains
various requirements relating to the handling of live animals as they
are moved within, to, or from the animal holding area of a terminal
facility or a primary conveyance. We are proposing to remove all the
requirements relating to maintaining an ambient temperature and replace
them with a new paragraph (a)(3) that would require that climatic and
environmental conditions be maintained in accordance with the proposed
performance standard in Sec. 2.131(f). However, we would retain the
specific requirements that live animals be sheltered from the direct
rays of the sun and that protection be provided to allow the live
animals to remain dry during rain, snow, and other precipitation. These
would be found in paragraphs (a)(1) and (a)(2), respectively. This
change would be made in Sec. Sec. 3.19, 3.41, 3.66, 3.92, and 3.141.
Miscellaneous
We also propose to correct typographical errors in Sec. Sec. 3.35,
3.36, 3.64, and 3.137.
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.
We have prepared an economic analysis for this proposed rule. It
provides a cost-benefit analysis, as required by Executive Order 12866,
as well as an initial regulatory flexibility analysis that considers
the potential economic effects of this proposed rule on small entities,
as required by the Regulatory Flexibility Act. The economic analysis is
summarized below. Copies of the full economic analysis are available by
contacting the person listed under FOR FURTHER INFORMATION CONTACT or
on the Regulations.gov Web site (see ADDRESSES above for instructions
for accessing Regulations.gov).
APHIS has promulgated minimum standards for the humane
transportation, in commerce, of live dogs, cats, guinea pigs, hamsters,
rabbits, nonhuman primates, marine mammals, and certain other
warmblooded animals. Among other things, the standards govern the
animals' exposure to temperature extremes during the various stages of
transportation (e.g., while in animal holding areas of terminals, while
in primary conveyances). The current regulations generally prescribe
ambient temperature ranges, usually from a low of 45 [deg]F to a high
of 85 [deg]F. Animals may be exposed to lower temperatures as long as
the consignor provides a certificate, signed by a veterinarian,
certifying that the animal has been acclimated to temperatures outside
the prescribed range. Some animals, including dogs and cats, may also
be exposed to temperatures outside the prescribed temperature range for
specified time periods.
The proposed rule would remove the current ambient temperature
requirements for all covered animals except marine mammals and replace
those requirements with a single performance standard under which the
animals would have to be transported under climatic and environmental
conditions that are not detrimental to their welfare. The proposal
would also remove the current provisions relating to acclimation
certificates for live animals other than marine mammals, since those
certificates would no longer be necessary.
The proposed changes are intended to ensure that the affected
animals are transported in climatic conditions that are not detrimental
to their welfare while allowing for variations as to what climatic
conditions are suitable for individual animals.
The proposed rule has the potential to have an economic impact on
carriers and intermediate handlers that accept the affected animals for
transport in
[[Page 417]]
commerce. Consignors and practicing veterinarians would no longer have
to provide acclimation certificates, and therefore the rule would
relieve them from having to fulfill a requirement. Veterinarians would
forego the fees that they might otherwise charge consignor-owners for
certifications, but any such fees are likely to be insignificant, when
judged against the veterinarians' overall revenues from all sources.
From an economic standpoint, the proposal has the potential to
impact carriers and intermediate handlers-large and small-because
compliance may require that they modify the climatic conditions to
which they currently expose animals. However, based on our experience
enforcing the regulations, it appears that, for most carriers and
handlers, a modification of existing climatic conditions would not be
necessary, since those conditions appear to be appropriate already. In
addition, the proposed rule would afford carriers and intermediate
handlers some flexibility in providing appropriate climatic conditions
for each animal they transport. Within the overall carrier and handler
category, the airline and to a lesser extent motor freight line
industries are most likely to include entities affected by the proposed
rule.
It is likely that the rule may affect an unknown number of small
entities. Although we believe that the proposal would not have a
significant economic impact on a substantial number of small entities,
hard data to support that conclusion is not available. Accordingly, we
have prepared this initial regulatory flexibility analysis so that the
public may have the opportunity to offer comments on expected effects
of the proposed rule on small entities.
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 12988
This proposed rule has been reviewed under Executive Order 12988,
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 new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Further, this proposed rule would reduce
information collection or recordkeeping requirements in 9 CFR part 3.
Lists of Subjects
9 CFR Part 2
Animal welfare, Pets, Reporting and recordkeeping requirements,
Research.
9 CFR Part 3
Animal welfare, Marine mammals, Pets, Reporting and recordkeeping
requirements, Research, Transportation.
Accordingly, we are proposing to amend 9 CFR parts 2 and 3 as
follows:
PART 2--REGULATIONS
1. The authority citation for part 2 continues to read as follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
2. In Sec. 2.131, a new paragraph (f) is added to read as follows:
Sec. 2.131 Handling of animals.
* * * * *
(f)(1) Transportation of all live animals shall be done in a manner
that does not cause overheating, excessive cooling, or adverse
environmental conditions that could cause unnecessary discomfort or
stress. When climatic or environmental conditions, including
temperature, humidity, exposure, ventilation, pressurization, time, or
other environmental conditions, or any combination thereof, present a
threat to the health or well-being of a live animal, appropriate
measures shall be taken immediately to alleviate the impact of those
conditions. The different climatic and environmental factors prevailing
during a journey shall be considered when arranging for the
transportation of and when transporting live animals. Corrections may
include, but would not be limited to:
(i) The temperature and humidity level of any enclosure used during
transportation of live animals must be controlled by adequate
ventilation or any other means necessary;
(ii) Appropriate care must be taken to ensure that live animals are
not subjected to drafts;
(iii) Appropriate care must be taken to ensure that live animals
are not exposed to direct heat, such as placement in direct sunlight or
near a hot radiator;
(iv) Appropriate care must be taken to ensure that live animals are
not exposed to direct sources of cold; and
(v) During prolonged air transit stops in local climatic conditions
that could produce excessive heat for live animals held in aircraft
compartments, the aircraft doors shall be opened and if necessary
ground equipment shall be used to control the condition of the air
within compartments containing live animals.
(2) In order to determine what climatic and environmental
conditions are appropriate for a live animal, factors such as, but not
limited to, the animal's age, type or breed, physiological state, last
feeding, and acclimation shall be considered when such information is
available.
PART 3--STANDARDS
3. The authority citation for part 3 continues to read as follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
4. In Sec. 3.13, paragraph (e) is revised to read as set forth
below.
Sec. 3.13 Consignments to carriers and intermediate handlers.
* * * * *
(e) Carriers and intermediate handlers shall not accept a dog or
cat for transport in commerce unless their animal holding area can
maintain climatic and environmental conditions in accordance with the
requirements of Sec. 2.131(f).
* * * * *
5. Section 3.15 is amended as follows:
a. By revising paragraph (d) to read as set forth below.
b. By removing paragraph (e) and redesignating paragraphs (f), (g),
and (h) as paragraphs (e), (f), and (g), respectively.
Sec. 3.15 Primary conveyances (motor vehicle, rail, air, and marine).
* * * * *
(d) During transportation, the climatic and environmental
conditions in the animal cargo area shall be maintained in accordance
with Sec. 2.131(f).
* * * * *
Sec. 3.17 [Amended]
6. Section 3.17 is amended as follows:
a. In paragraph (a), by removing the words ``the ambient
temperature is within the limits provided in Sec. 3.15(e)'' and adding
the words ``climatic and environmental conditions are being maintained
in accordance with the requirements of Sec. 2.131(f)'' in their place.
b. In paragraph (b), by removing the words ``the animal cargo area
meets the heating and cooling requirements of Sec. 3.15(d)'' and
adding the words
[[Page 418]]
``climatic and environmental conditions are being maintained in the
animal cargo area in accordance with the requirements of Sec.
2.131(f)'' in their place.
7. Section 3.18 is amended as follows:
a. In paragraph (c), by removing the last sentence.
b. By revising paragraph (d) to read as set forth below.
Sec. 3.18 Terminal facilities.
* * * * *
(d) Climatic and environmental conditions. The climatic and
environmental conditions in an animal holding area containing dogs and
cats shall be maintained in accordance with the requirements of Sec.
2.131(f).
* * * * *
8. In Sec. 3.19, paragraph (a) is revised to read as follows:
Sec. 3.19 Handling.
(a) Any person subject to the Animal Welfare regulations (9 CFR
parts 1, 2, and 3) who moves (including loading and unloading) dogs or
cats within, to, or from the animal holding area of a terminal facility
or a primary conveyance shall do so as quickly and efficiently as
possible and shall provide the following during movement of the dog or
cat:
(1) Shelter from sunlight and extreme heat. Sufficient shade shall
be provided to protect the dog or cat from the direct rays of the sun.
(2) Shelter from rain and snow. Sufficient protection shall be
provided to allow the dogs and cats to remain dry during rain, snow,
and other precipitation.
(3) Climatic and environmental conditions. Climatic and
environmental conditions during movement shall be maintained in
accordance with the requirements of Sec. 2.131(f).
* * * * *
9. A new Sec. 3.20 is added to read as follows:
Sec. 3.20 Climatic and environmental conditions during
transportation.
Climatic and environmental conditions during transportation of dogs
and cats shall be maintained in accordance with the requirements of
Sec. 2.131(f) of this subchapter.
10. Section 3.35 is amended as follows:
a. In paragraph (a), by removing the word ``govenment'' and adding
the word ``government'' in its place.
b. By revising paragraph (c) to read as set forth below.
Sec. 3.35 Consignments to carriers and intermediate handlers.
* * * * *
(c) Carriers and intermediate handlers shall not accept a live
guinea pig or hamster for transport in commerce unless their animal
holding area can maintain climatic and environmental conditions in
accordance with the requirements of Sec. 2.131(f).
* * * * *
Sec. 3.36 [Amended]
11. In Sec. 3.36, paragraph (b) is amended by removing the word
``tranported'' and adding the word ``transported'' in its place.
12. In Sec. 3.37, paragraph (g) is amended by removing the second
and third sentences and adding a new second sentence to read as
follows:
Sec. 3.37 Primary conveyances (motor vehicle, rail, air, and marine).
* * * * *
(g) * * * During transportation, the climatic and environmental
conditions in the animal cargo area shall be maintained in accordance
with the requirements of Sec. 2.131(f).
Sec. 3.39 [Amended]
13. In Sec. 3.39, paragraph (a) is amended as follows:
a. In the first sentence, by removing the words ``their ambient
temperatures are within the prescribed limits,'' and adding the words
``climatic and environmental conditions are being maintained in
accordance with the requirements of Sec. 2.131(f),'' in their place.
b. In the third sentence, by removing the words ``their ambient
temperatures are within the prescribed limits,'' and adding the words
``climatic and environmental conditions are being maintained in
accordance with the requirements of Sec. 2.131(f), and'' in their
place.
14. Section 3.40 is amended by removing the fifth, sixth, and
seventh sentences and adding a new fifth sentence to read as follows:
Sec. 3.40 Terminal facilities.
* * * Climatic and environmental conditions in the animal holding
area shall be maintained in accordance with the requirements of Sec.
2.131(f).
15. In Sec. 3.41, paragraph (a) is revised to read as follows:
Sec. 3.41 Handling.
(a) Any person subject to the Animal Welfare regulations (9 CFR
parts 1, 2, and 3) who moves (including loading and unloading) live
guinea pigs or hamsters within, to, or from the animal holding area of
a terminal facility or a primary conveyance shall do so as quickly and
efficiently as possible and shall provide the following during movement
of the live guinea pig or hamster:
(1) Shelter from sunlight and extreme heat. Sufficient shade shall
be provided to protect the live guinea pigs and hamsters from the
direct rays of the sun.
(2) Shelter from rain and snow. Sufficient protection shall be
provided to allow the live guinea pigs and hamsters to remain dry
during rain, snow, and other precipitation.
(3) Climatic and environmental conditions. Climatic and
environmental conditions during movement shall be maintained in
accordance with the requirements of Sec. 2.131(f).
* * * * *
16. A new Sec. 3.42 is added to read as follows:
Sec. 3.42 Climatic and environmental conditions during
transportation.
Climatic and environmental conditions during transportation of live
guinea pigs and hamsters shall be maintained in accordance with the
requirements of Sec. 2.131(f) of this subchapter.
17. Section 3.60 is amended by revising paragraph (c) to read as
set forth below:
Sec. 3.60 Consignments to carriers and intermediate handlers.
* * * * *
(c) Carriers and intermediate handlers shall not accept a live
rabbit for transport in commerce unless their animal holding area can
maintain climatic and environmental conditions in accordance with the
requirements of Sec. 2.131(f).
* * * * *
18. In Sec. 3.62, paragraph (g) is amended by removing the second
and third sentences and adding a new second sentence to read as
follows:
Sec. 3.62 Primary conveyances (motor vehicle, rail, air, and marine).
* * * * *
(g) * * * During transportation, the climatic and environmental
conditions in the animal cargo area shall be maintained in accordance
with the requirements of Sec. 2.131(f).
Sec. 3.64 [Amended]
19. In Sec. 3.64, paragraph (a) is amended as follows:
a. In the first sentence, by removing the word ``th'' and adding
the word ``the'' in its place; by removing the words ``their ambient
temperatures are within the prescribed limits,'' and adding the words
``climatic and environmental conditions are being maintained in
accordance with the requirements of Sec. 2.131(f),'' in their
[[Page 419]]
place; and by removing the word ``disress'' and adding the word
``distress'' in its place.
b. In the third sentence, by removing the words ``their ambient
temperatures are within the prescribed limits,'' and adding the words
``climatic and environmental conditions are being maintained in
accordance with the requirements of Sec. 2.131(f), and'' in their
place.
20. Section 3.65 is amended by removing the fifth, sixth, and
seventh sentences and adding a new fifth sentence to read as follows:
Sec. 3.65 Terminal facilities.
* * * Climatic and environmental conditions in the animal holding
area shall be maintained in accordance with the requirements of Sec.
2.131(f).
21. In Sec. 3.66, paragraph (a) is revised to read as follows:
Sec. 3.66 Handling.
(a) Any person subject to the Animal Welfare regulations (9 CFR
parts 1, 2, and 3) who moves (including loading and unloading) live
rabbits within, to, or from the animal holding area of a terminal
facility or a primary conveyance shall do so as quickly and efficiently
as possible and shall provide the following during movement of the live
rabbits:
(1) Shelter from sunlight and extreme heat. Sufficient shade shall
be provided to protect the live rabbits from the direct rays of the
sun.
(2) Shelter from rain and snow. Sufficient protection shall be
provided to allow the live rabbits to remain dry during rain, snow, and
other precipitation.
(3) Climatic and environmental conditions. Climatic and
environmental conditions during movement shall be maintained in
accordance with the requirements of Sec. 2.131(f).
* * * * *
22. A new Sec. 3.67 is added to read as follows:
Sec. 3.67 Climatic and environmental conditions during
transportation.
Climatic and environmental conditions during transportation of live
rabbits shall be maintained in accordance with the requirements of
Sec. 2.131(f) of this subchapter.
23. Section 3.86 is amended by revising paragraph (e) to read as
set forth below:
Sec. 3.86 Consignments to carriers and intermediate handlers.
* * * * *
(e) Carriers and intermediate handlers shall not accept a nonhuman
primate for transport in commerce unless their animal holding area can
maintain climatic and environmental conditions in accordance with the
requirements of Sec. 2.131(f).
* * * * *
24. Section 3.88 is amended as follows:
a. By revising paragraph (d) to read as follows.
b. By removing paragraph (e) and redesignating paragraphs (f)
through (i) as paragraphs (e) through (h), respectively.
Sec. 3.88 Primary conveyances (motor vehicle, rail, air, and marine).
* * * * *
(d) During transportation, the climatic conditions in the animal
cargo area shall be maintained in accordance with the requirements of
Sec. 2.131(f).
* * * * *
25. In Sec. 3.90, paragraphs (a) and (b) are amended by removing
the words ``the ambient temperature is within the limits provided in
Sec. 3.88(d) of this subpart'' and adding the words ``climatic and
environmental conditions are being maintained in accordance with the
requirements of Sec. 2.131(f)'' in their place.
26. Section 3.91 is amended as follows:
a. In paragraph (c), by removing the last sentence.
b. By revising paragraph (d) to read as set forth below.
Sec. 3.91 Terminal facilities.
* * * * *
(d) Climatic and environmental conditions. The climatic and
environmental conditions in an animal holding area containing nonhuman
primates shall be maintained in accordance with the requirements of
Sec. 2.131(f).
* * * * *
27. In Sec. 3.92, paragraph (a) is revised to read as follows:
Sec. 3.92 Handling.
(a) Any person subject to the Animal Welfare regulations (9 CFR
parts 1, 2, and 3) who moves (including loading and unloading) nonhuman
primates within, to, or from the animal holding area of a terminal
facility or a primary conveyance shall do so as quickly and efficiently
as possible and shall provide the following during movement of the
nonhuman primates:
(1) Shelter from sunlight and extreme heat. Sufficient shade shall
be provided to protect the nonhuman primates from the direct rays of
the sun.
(2) Shelter from rain and snow. Sufficient protection shall be
provided to allow the nonhuman primates to remain dry during rain,
snow, and other precipitation.
(3) Climatic and environmental conditions. Climatic and
environmental conditions during movement shall be maintained in
accordance with the requirements of Sec. 2.131(f).
* * * * *
28. A new Sec. 3.93 is added to read as follows:
Sec. 3.93 Climatic and environmental conditions during
transportation.
Climatic and environmental conditions during transportation of
nonhuman primates shall be maintained in accordance with the
requirements of Sec. 2.131(f) of this subchapter.
29. Section 3.136 is amended by revising paragraph (c) to read as
follows:
Sec. 3.136 Consignments to carriers and intermediate handlers.
* * * * *
(c) Carriers and intermediate handlers shall not accept a live
animal for transport in commerce unless their animal holding area can
maintain climatic and environmental conditions in accordance with the
requirements of Sec. 2.131(f).
* * * * *
Sec. 3.137 [Amended]
30. In Sec. 3.137, paragraph (a)(3) is amended by removing the
word ``opernings'' and adding the word ``openings'' in its place.
Sec. 3.140 [Amended]
31. In Sec. 3.140, paragraph (a) is amended as follows:
a. In the first sentence, by removing the words ``their ambient
temperatures are within the prescribed limits,'' and adding the words
``climatic and environmental conditions are being maintained in
accordance with the requirements of Sec. 2.131(f),'' in their place.
b. In the third sentence, by removing the words ``their ambient
temperatures are within the prescribed limits,'' and adding the words
``climatic and environmental conditions are being maintained in
accordance with the requirements of Sec. 2.131(f), and'' in their
place.
32. Section 3.141 is amended by removing the fifth, sixth, and
seventh sentences and adding a new fifth sentence to read as follows:
Sec. 3.141 Terminal facilities.
* * *Climatic and environmental conditions in the animal holding
area shall be maintained in accordance with the requirements of Sec.
2.131(f).
[[Page 420]]
33. In Sec. 3.142, paragraph (a) is revised to read as follows:
Sec. 3.142 Handling.
(a) Any person subject to the Animal Welfare regulations (9 CFR
parts 1, 2, and 3) who moves (including loading and unloading) live
animals within, to, or from the animal holding area of a terminal
facility or a primary conveyance shall do so as quickly and efficiently
as possible and shall provide the following during movement of the live
animals:
(1) Shelter from sunlight and extreme heat. Sufficient shade shall
be provided to protect the live animals from the direct rays of the
sun.
(2) Shelter from rain and snow. Sufficient protection shall be
provided to allow the live animals to remain dry during rain, snow, and
other precipitation.
(3) Climatic and environmental conditions. Climatic and
environmental conditions during movement shall be maintained in
accordance with the requirements of Sec. 2.131(f).
* * * * *
34. A new Sec. 3.143 is added to read as follows:
Sec. 3.143 Climatic and environmental conditions during
transportation.
Climatic and environmental conditions during transportation of live
animals shall be maintained in accordance with the requirements of
Sec. 2.131(f) of this subchapter.
Done in Washington, DC, this 26th day of December 2007.
Kevin Shea,
Acting Under Secretary for Marketing and Regulatory Programs.
[FR Doc. E7-25530 Filed 1-2-08; 8:45 am]
BILLING CODE 3410-34-P