[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]


-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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