[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Proposed Rules]
[Pages 413-420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25530]


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 Proposed Rules
                                                 Federal Register
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 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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  Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / 
Proposed Rules  

[[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

[[Page 415]]

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

[[Page 416]]

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