[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Proposed Rules]
[Pages 34389-34391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16872]
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DEPARTMENT OF AGRICULTURE
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.
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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
[[Page 34390]]
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
[[Page 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 1\1/2\ 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 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.
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 Sec. 3.6, a new paragraph (a)(2)(xii) would be added to read
as follows:
Sec. 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