[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Proposed Rules]
[Pages 30257-30259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14305]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 3
[Docket No. 99-014-1]
Animal Welfare; Acclimation Certificates for Dogs and Cats
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the Animal Welfare Act regulations
regarding transportation of dogs and cats by removing the requirement
that a veterinarian certify that a dog or cat is acclimated to
temperatures lower than the minimum temperature requirements in the
regulations and requiring instead that the owner of the dog or cat make
this certification. We are proposing this action because a veterinarian
cannot always know if the dog or cat has been acclimated to a specific
temperature. The owner of the dog or cat can best verify that the
animal has been
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acclimated to the temperature that is recorded on the certificate. This
proposed action would give responsibility for certifying an animal's
tolerance for a specific temperature to the person who is most likely
to know.
DATES: We invite you to comment on this docket. We will consider all
comments that we receive by August 6, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 99-
014-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that
your comment refers to Docket No. 99-014-1.
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.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Jerry D. DePoyster, Staff Animal
Health Technician, Animal Care, APHIS, 4700 River Road Unit 84,
Riverdale, MD 20737-1234; (301) 734-7586; or e-mail:
jerry.d.depoyster@usda.gov.
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. 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 established under the AWA are
contained in 9 CFR parts 1, 2, and 3. Parts 1 and 2 contain definitions
and general requirements, and part 3 contains specific standards for
the care of animals. Subpart A of 9 CFR part 3 contains requirements
specifically pertaining to dogs and cats.
Section 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) for more than four 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) for a period of more than 45
minutes.
Section 3.13, paragraph (e), of subpart A 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 Secs. 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 Secs. 3.18 and 3.19.
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. A veterinarian cannot determine if a dog or cat
has been acclimated to a specific temperature based on a veterinary
examination. Therefore, it is inappropriate to place responsibility for
such certification on veterinarians. The owner of the dog or cat is
normally the person who would know if the dog or cat has been
acclimated to a specific temperature.
Therefore, we are proposing to amend Sec. 3.13(e) to require that
the owner of the dog or cat sign the certificate stating that his or
her animal is acclimated to temperatures lower than those required in
Secs. 3.18 and 3.19. This revision would give responsibility for
certifying an animal's tolerance for a specific temperature to the
person who is most likely to know to what temperature the animal is
acclimated.
We are also proposing to correct a typographical error in
Sec. 3.13(e). In paragraph (e), the Celsius equivalent of 45 deg.F is
incorrectly listed as 2.2 deg.C. The correct Celsius equivalent is 7.2
deg.C.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
The Animal Welfare Act regulations in 9 CFR part 3, subpart A,
provide specifications for the humane transportation of dogs and cats.
Among other things under those specifications, carriers and
intermediate handlers may not accept a dog or cat for transport in
commerce unless their animal holding area meets certain minimum
temperature requirements or unless they are provided with a
certificate, signed by a veterinarian, certifying that the animal has
been acclimated to temperatures lower than those required.
This proposed rule would require instead that the owner of the dog
or cat must sign the certification that the animal has been acclimated
to temperatures lower than those required by the regulations. The
proposal stems from concern that veterinarians are not always the ones
who are best able to make such a certification, since they may have
minimal knowledge of an animal's history, care, and environment.
Licensed dealers are the animal owners who would be primarily affected
by the proposal because licensed dealers transport animals more often
than other dog and cat owners.
The entities most affected by this proposed rule would be dealers
of dogs and cats and the animal's attending veterinarian. Affected
dealers and veterinarians would benefit, but the economic effect is not
likely to be significant.
Practicing veterinarians would benefit because they would no longer
be put in the position of having to deny certifications when they have
little or no knowledge of the animal's history, care, and environment.
Veterinarians would also benefit because they would avoid any potential
liability stemming from the certifications. Veterinarians would no
longer receive fees that they might otherwise charge animal owners for
signing certifications. However, any such fees are likely to be
insignificant when judged against the veterinarian's overall revenues
from all sources.
The owners of the dogs and cats would benefit from the proposed
rule because it would make the process of obtaining certification
easier. They would be able to make the certification themselves without
having to rely on veterinarians who may not always be readily
available. Another potential benefit for animal owners is that they may
avoid having to pay fees to veterinarians to obtain their signatures,
although any such savings are not likely to be significant.
[[Page 30259]]
Finally, the animals themselves would benefit in that a more
accurate representation of the temperature to which the dog or cat has
been acclimated would have a positive effect on the animal's health and
welfare.
The Regulatory Flexibility Act requires that agencies consider the
economic effect of rules on small entities, i.e., small businesses,
organizations, and governmental jurisdictions. In FY 1996, there were
4,075 animal dealers licensed by the Animal and Plant Health Inspection
Service, including dealers of dogs and cats. The American Veterinary
Medical Association estimates that, as of January 1, 1998, there were
30,255 veterinarians in private practice in the United States who deal
either exclusively or predominately with small animals, including dogs
and cats.
It is reasonable to assume that most of the affected entities are
small in size, based on composite data for providers of the same and
similar services in the United States. In 1992, the per firm average
annual gross receipts for all 6,804 firms in animal specialty services,
except veterinary, which include dog and cat dealers, were $115,290.
This amount is well below the U.S. Small Business Administration's
(SBA) small entity threshold of $5.0 million annually for firms in that
category. Similarly, the per practice average annual gross receipts for
all 15,880 U.S. veterinary practices, which include practices having
more than one veterinarian on staff, that deal exclusively in small
animals were $421,000 in 1995. This is well below the SBA's small
entity threshold of $5.0 million annually for firms in veterinary
services for animal specialties, which include dog and cat
veterinarians. It is very likely, therefore, that small entities would
be those most affected by the proposed rule change. As stated
previously, we believe any economic effects of this proposed rule would
not be significant.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of 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.
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.).
List of Subjects in 9 CFR Part 3
Animal welfare, Marine mammals, Pets, Reporting and recordkeeping
requirements, Research, Transportation.
Accordingly, we propose to amend 9 CFR part 3 as follows:
PART 3--STANDARDS
1. The authority citation for part 3 would continue to read as
follows:
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 3.13 [Amended]
2. In Sec. 3.13, paragraphs (e) introductory text, (e)(3), and
(e)(4) would be amended as follows:
a. In paragraph (e), the introductory text, by removing the phrase
``signed by a veterinarian'' and replacing it with the phrase ``signed
by the dog or cat owner''; and by removing ``2.2 deg.C'' both times it
appears and replacing it with ``7.2 deg.C''.
b. In paragraph (e)(3), by removing the phrase ``a veterinarian''
and replacing it with the phrase ``the dog or cat owner''.
c. In paragraph (e)(4), by removing the word ``veterinarian'' and
replacing it with the phrase ``dog or cat owner''.
Done in Washington, DC, this 1st day of June 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-14305 Filed 6-4-99; 8:45 am]
BILLING CODE 3410-34-P
