Humane Treatment of Dogs and Cats; Wire Flooring

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]

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