Animal Welfare; Acclimation Certificates for Dogs and Cats

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 3

[Docket No. 99-014-1]

Animal Welfare; Acclimation Certificates for Dogs and Cats

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the Animal Welfare Act regulations

regarding transportation of dogs and cats by removing the requirement

that a veterinarian certify that a dog or cat is acclimated to

temperatures lower than the minimum temperature requirements in the

regulations and requiring instead that the owner of the dog or cat make

this certification. We are proposing this action because a veterinarian

cannot always know if the dog or cat has been acclimated to a specific

temperature. The owner of the dog or cat can best verify that the

animal has been

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acclimated to the temperature that is recorded on the certificate. This

proposed action would give responsibility for certifying an animal's

tolerance for a specific temperature to the person who is most likely

to know.

DATES: We invite you to comment on this docket. We will consider all

comments that we receive by August 6, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-

014-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that

your comment refers to Docket No. 99-014-1.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue, SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Jerry D. DePoyster, Staff Animal

Health Technician, Animal Care, APHIS, 4700 River Road Unit 84,

Riverdale, MD 20737-1234; (301) 734-7586; or e-mail:

[email protected].

SUPPLEMENTARY INFORMATION:

Background

Under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.), the

Secretary of Agriculture is authorized to promulgate standards and

other requirements governing the humane handling, housing, care,

treatment, and transportation of certain animals by dealers, research

facilities, exhibitors, and carriers and intermediate handlers. The

Secretary has delegated the responsibility for enforcing the AWA to the

U.S. Department of Agriculture's (USDA) Animal and Plant Health

Inspection Service (APHIS). Regulations established under the AWA are

contained in 9 CFR parts 1, 2, and 3. Parts 1 and 2 contain definitions

and general requirements, and part 3 contains specific standards for

the care of animals. Subpart A of 9 CFR part 3 contains requirements

specifically pertaining to dogs and cats.

Section 3.18 of subpart A contains minimum requirements for

terminal facilities used in the transportation of dogs and cats. Among

other things, Sec. 3.18 requires that the ambient temperature in an

animal holding area containing dogs and cats must not fall below 45

deg.F (7.2 deg.C) for more than four consecutive hours at any time

dogs or cats are present. Section 3.19 of subpart A contains minimum

requirements for handling dogs and cats when they are moved within, to,

or from an animal holding area of a terminal facility or a primary

conveyance when being transported. Among other things, Sec. 3.19

requires that dogs or cats must not be exposed to an ambient

temperature below 45 deg.F (7.2 deg.C) for a period of more than 45

minutes.

Section 3.13, paragraph (e), of subpart A requires that carriers

and intermediate handlers must not accept a dog or cat for transport in

commerce unless their animal holding area meets the minimum temperature

requirements provided in Secs. 3.18 and 3.19, or unless the consigner

provides them with a certificate signed by a veterinarian certifying

that the animal is acclimated to temperatures lower than those required

in Secs. 3.18 and 3.19.

Veterinarians are often asked to sign certificates of acclimation

for dogs and cats that they have seen only for routine examinations or

if the animals are ill. A veterinarian cannot determine if a dog or cat

has been acclimated to a specific temperature based on a veterinary

examination. Therefore, it is inappropriate to place responsibility for

such certification on veterinarians. The owner of the dog or cat is

normally the person who would know if the dog or cat has been

acclimated to a specific temperature.

Therefore, we are proposing to amend Sec. 3.13(e) to require that

the owner of the dog or cat sign the certificate stating that his or

her animal is acclimated to temperatures lower than those required in

Secs. 3.18 and 3.19. This revision would give responsibility for

certifying an animal's tolerance for a specific temperature to the

person who is most likely to know to what temperature the animal is

acclimated.

We are also proposing to correct a typographical error in

Sec. 3.13(e). In paragraph (e), the Celsius equivalent of 45 deg.F is

incorrectly listed as 2.2 deg.C. The correct Celsius equivalent is 7.2

deg.C.

Executive Order 12866 and Regulatory Flexibility Act

This proposed rule has been reviewed under Executive Order 12866.

The rule has been determined to be not significant for the purposes of

Executive Order 12866 and, therefore, has not been reviewed by the

Office of Management and Budget.

The Animal Welfare Act regulations in 9 CFR part 3, subpart A,

provide specifications for the humane transportation of dogs and cats.

Among other things under those specifications, carriers and

intermediate handlers may not accept a dog or cat for transport in

commerce unless their animal holding area meets certain minimum

temperature requirements or unless they are provided with a

certificate, signed by a veterinarian, certifying that the animal has

been acclimated to temperatures lower than those required.

This proposed rule would require instead that the owner of the dog

or cat must sign the certification that the animal has been acclimated

to temperatures lower than those required by the regulations. The

proposal stems from concern that veterinarians are not always the ones

who are best able to make such a certification, since they may have

minimal knowledge of an animal's history, care, and environment.

Licensed dealers are the animal owners who would be primarily affected

by the proposal because licensed dealers transport animals more often

than other dog and cat owners.

The entities most affected by this proposed rule would be dealers

of dogs and cats and the animal's attending veterinarian. Affected

dealers and veterinarians would benefit, but the economic effect is not

likely to be significant.

Practicing veterinarians would benefit because they would no longer

be put in the position of having to deny certifications when they have

little or no knowledge of the animal's history, care, and environment.

Veterinarians would also benefit because they would avoid any potential

liability stemming from the certifications. Veterinarians would no

longer receive fees that they might otherwise charge animal owners for

signing certifications. However, any such fees are likely to be

insignificant when judged against the veterinarian's overall revenues

from all sources.

The owners of the dogs and cats would benefit from the proposed

rule because it would make the process of obtaining certification

easier. They would be able to make the certification themselves without

having to rely on veterinarians who may not always be readily

available. Another potential benefit for animal owners is that they may

avoid having to pay fees to veterinarians to obtain their signatures,

although any such savings are not likely to be significant.

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Finally, the animals themselves would benefit in that a more

accurate representation of the temperature to which the dog or cat has

been acclimated would have a positive effect on the animal's health and

welfare.

The Regulatory Flexibility Act requires that agencies consider the

economic effect of rules on small entities, i.e., small businesses,

organizations, and governmental jurisdictions. In FY 1996, there were

4,075 animal dealers licensed by the Animal and Plant Health Inspection

Service, including dealers of dogs and cats. The American Veterinary

Medical Association estimates that, as of January 1, 1998, there were

30,255 veterinarians in private practice in the United States who deal

either exclusively or predominately with small animals, including dogs

and cats.

It is reasonable to assume that most of the affected entities are

small in size, based on composite data for providers of the same and

similar services in the United States. In 1992, the per firm average

annual gross receipts for all 6,804 firms in animal specialty services,

except veterinary, which include dog and cat dealers, were $115,290.

This amount is well below the U.S. Small Business Administration's

(SBA) small entity threshold of $5.0 million annually for firms in that

category. Similarly, the per practice average annual gross receipts for

all 15,880 U.S. veterinary practices, which include practices having

more than one veterinarian on staff, that deal exclusively in small

animals were $421,000 in 1995. This is well below the SBA's small

entity threshold of $5.0 million annually for firms in veterinary

services for animal specialties, which include dog and cat

veterinarians. It is very likely, therefore, that small entities would

be those most affected by the proposed rule change. As stated

previously, we believe any economic effects of this proposed rule would

not be significant.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action would

not have a significant economic impact on a substantial number of small

entities.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic

Assistance under No. 10.025 and is subject to Executive Order 12372,

which requires intergovernmental consultation with State and local

officials.

Executive Order 12988

This proposed rule has been reviewed under Executive Order 12988,

Civil Justice Reform. It is not intended to have retroactive effect.

This rule would not preempt any State or local laws, regulations, or

policies, unless they present an irreconcilable conflict with this

rule. The Act does not provide administrative procedures which must be

exhausted prior to a judicial challenge to the provisions of this rule.

Paperwork Reduction Act

This proposed rule contains no new information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 3

Animal welfare, Marine mammals, Pets, Reporting and recordkeeping

requirements, Research, Transportation.

Accordingly, we propose to amend 9 CFR part 3 as follows:

PART 3--STANDARDS

1. The authority citation for part 3 would continue to read as

follows:

Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.2(d).

Sec. 3.13 [Amended]

2. In Sec. 3.13, paragraphs (e) introductory text, (e)(3), and

(e)(4) would be amended as follows:

a. In paragraph (e), the introductory text, by removing the phrase

``signed by a veterinarian'' and replacing it with the phrase ``signed

by the dog or cat owner''; and by removing ``2.2 deg.C'' both times it

appears and replacing it with ``7.2 deg.C''.

b. In paragraph (e)(3), by removing the phrase ``a veterinarian''

and replacing it with the phrase ``the dog or cat owner''.

c. In paragraph (e)(4), by removing the word ``veterinarian'' and

replacing it with the phrase ``dog or cat owner''.

Done in Washington, DC, this 1st day of June 1999.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-14305 Filed 6-4-99; 8:45 am]

BILLING CODE 3410-34-P