Animal Welfare; Elephants, 45438-45439 [E6-12935]

Download as PDF 45438 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Proposed Rules Example (1). ORDERED: [payee’s name, Social Security number (SSN), and address] is awarded $lll from the [civilian or uniformed services] Thrift Savings Plan account of [participant’s name, SSN, and address]. Example (2). ORDERED: [payee’s name, SSN, and address] is awarded lll% of the [civilian and/or uniformed services] Thrift Savings Plan account[s] of [participant’s name, SSN, and address] as of [date]. Example (3). ORDERED: [payee’s name, SSN, and address] is awarded [fraction] of the [civilian and/or uniformed services] Thrift Savings Plan account[s] of [participant’s name, SSN, and address] as of [date]. Note: The following optional language can be used in conjunction with any of the above examples. FURTHER ORDERED: Earnings will be paid on the amount of the entitlement under this ORDER until payment is made. * * * * * [FR Doc. E6–12895 Filed 8–8–06; 8:45 am] BILLING CODE 6760–01–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 3 [Docket No. APHIS–2006–0044] Animal Welfare; Elephants Animal and Plant Health Inspection Service, USDA. ACTION: Notice of petition and request for comments. jlentini on PROD1PC65 with PROPOSAL AGENCY: SUMMARY: We are notifying the public that the Animal and Plant Health Inspection Service has received a petition from In Defense of Animals requesting that we issue an interpretive rule or policy to clarify the space and living conditions required for captive elephants, and that we enforce the Animal Welfare Act and its implementing regulations by requiring that exhibitors fully comply with the regulations. We are soliciting comments from the public regarding the petition, and whether we should continue to regulate the handling, care, treatment, and transport of elephants covered by the Animal Welfare Act under the general standards in the regulations or promulgate specific standards for elephants. We are also requesting comments regarding what should be included in any such standards. DATES: We will consider all comments that we receive on or before October 10, 2006. VerDate Aug<31>2005 18:12 Aug 08, 2006 Jkt 208001 You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and, in the lower ‘‘Search Regulations and Federal Actions’’ box, select ‘‘Animal and Plant Health Inspection Service’’ from the agency drop-down menu, then click on ‘‘Submit.’’ In the Docket ID column, select APHIS–2006–0044 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site’s ‘‘User Tips’’ link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS–2006–0044, 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. APHIS– 2006–0044. 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 https://www.aphis.usda.gov. FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737–1234; (301) 734–7833. SUPPLEMENTARY INFORMATION: ADDRESSES: Background The Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.) authorizes the Secretary of Agriculture to promulgate standards and other requirements governing the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, carriers, and other regulated entities. The Secretary of Agriculture has delegated the responsibility for enforcing the AWA to the Administrator of the Animal and Plant Health Inspection Service (APHIS). Regulations established under the AWA are contained in 9 CFR parts 1, 2, and 3. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 Currently, part 3 consists of subparts A through E, which contain specific standards for dogs and cats, guinea pigs and hamsters, rabbits, nonhuman primates, and marine mammals, respectively, and subpart F, which sets forth the general standards for warmblooded animals not otherwise specified in that part, including elephants. In a petition 1 dated February 2, 2006, In Defense of Animals (the petitioner) stated that exhibited elephants have chronic foot and joint problems due to inadequate space (indoor and outdoor enclosures) and inadequate living conditions (including amount of time confined, type of substrate, and cleanliness of floors). The petitioner requested that APHIS issue an interpretive rule or policy that clarifies the space and living conditions required for captive elephants, and that APHIS enforce the AWA and its implementing regulations by requiring that exhibitors fully comply with the regulations. We are requesting comments from the public on the petition. We are also requesting comments on whether specific standards should be promulgated for elephants and what should be included in such standards. In particular, we invite responses to the following questions: 1. What are the causes of arthritis in elephants? 2. What, if any, foot care practices have been used on captive elephants to maintain healthy feet? 3. What substrates are best for captive elephants? Are there any substrate conditions that promote foot problems? 4. Do captive elephants require a certain amount of exercise (i.e., walking) to maintain healthy feet? 5. What industry/professional standards are available for elephant care and husbandry? 6. Are there any other health or care issues related to elephants that should be specifically addressed in the AWA standards? We welcome all comments on the issues outlined above and encourage the submission of scientific data, studies, or research to support your comments and position, including scientific data or 1 The petition is available on the Regulations.gov Web site. Go to https://www.regulations.gov, and, in the lower ‘‘Search Regulations and Federal Actions’’ box, select ‘‘Animal and Plant Health Inspection Service’’ from the agency drop-down menu, then click on ‘‘Submit.’’ In the Docket ID column, select APHIS–2006–0044. The petition will appear in the resulting list of documents. A copy of the petition may also be obtained from the person listed under FOR FURTHER INFORMATION CONTACT. E:\FR\FM\09AUP1.SGM 09AUP1 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Proposed Rules research that supports any industry or professional standards that pertain to elephant care. We also invite data on the costs and benefits associated with any recommendations. We will consider all comments and recommendations we receive. Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22, 2.80, and 371.7. Done in Washington, DC, this 3rd day of August 2006. W. Ron DeHaven, Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6–12935 Filed 8–8–06; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 93, 94, and 95 [Docket No. APHIS–2006–0026] Bovine Spongiform Encephalopathy; Minimal-Risk Regions, Identification of Ruminants and Processing and Importation of Commodities Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. jlentini on PROD1PC65 with PROPOSAL AGENCY: SUMMARY: In a final rule published in the Federal Register on January 4, 2005, we amended the regulations regarding the importation of animals and animal products to establish a category of regions that present a minimal risk of introducing bovine spongiform encephalopathy (BSE) into the United States via live ruminants and ruminant products and byproducts, and we added Canada to this category. We also established conditions for the importation of certain live ruminants and ruminant products and byproducts from such regions. In this document, we are proposing to remove several restrictions regarding the identification of animals and the processing of ruminant materials from BSE minimalrisk regions, as well as BSE-based restrictions on gelatin derived from bovine hides. We do not believe these restrictions are necessary to prevent the introduction of BSE into the United States. DATES: We will consider all comments that we receive on or before October 10, 2006. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and, in the lower ‘‘Search Regulations and Federal VerDate Aug<31>2005 18:06 Aug 08, 2006 Jkt 208001 Actions’’ box, select ‘‘Animal and Plant Health Inspection Service’’ from the agency drop-down menu, then click on ‘‘Submit.’’ In the Docket ID column, select APHIS–2006–0026 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site’s ‘‘User Tips’’ link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS–2006–0026, 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. APHIS– 2006–0026. 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 https://www.aphis.usda.gov. FOR FURTHER INFORMATION CONTACT: For information regarding ruminant products, contact Dr. Karen JamesPreston, Director, Technical Trade Services, Animal Products, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737–1231; (301) 734– 4356. For information concerning live ruminants, contact Lee Ann Thomas, Director, Technical Trade Services, Animals, Organisms and Vectors, and Select Agents, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737–1231; (301) 734–4356. SUPPLEMENTARY INFORMATION: Background In a final rule published in the Federal Register on January 4, 2005 (70 FR 460–553, Docket No. 03–080–3), we amended the regulations regarding the importation of animals and animal products to establish a category of regions that present a minimal risk of introducing bovine spongiform PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 45439 encephalopathy (BSE) into the United States via live ruminants and ruminant products and byproducts, and added Canada to this category. We also established conditions for the importation of certain live ruminants and ruminant products and byproducts from such regions. These regulations are in 9 CFR parts 93, 94, 95, and 96. On November 28, 2005, we published in the Federal Register an interim rule (70 FR 71213–71218, Docket No. 03– 080–8) that (1) broadened who is authorized to break the seals on a means of conveyance carrying certain ruminants from Canada and (2) amended the regulations regarding the transiting through the United States of certain ruminant products from Canada to allow for limited direct transloading of the products from one means of conveyance to another in the United States. On March 14, 2006, we published in the Federal Register a technical amendment (71 FR 12994–12998, Docket No. 03–080–9) that clarified our intent with regard to certain provisions in the January 2005 final rule and corrected several inconsistencies within the rule. In this proposed rule, we are proposing to further amend the BSE regulations to remove several restrictions related to the provisions of the January 2005 final rule that we believe are unnecessary to prevent the introduction of BSE from minimal-risk regions into the United States. We discuss those proposed changes below. Means of Identification of Bovines, Sheep, and Goats Imported From BSE Minimal-Risk Regions In our March 2006 technical amendment, we clarified that it was the intent of our January 2005 final rule that all live bovines, sheep, and goats imported from a BSE minimal-risk region be accompanied by a health certificate in accordance with § 93.405 and be individually identified in the region of export before being shipped to the United States. Because Canada was the only country categorized as a BSE minimal-risk region in our final rule, and because the standard means of individual livestock identification in Canada is an eartag, we specified in § 93.436 of the final rule that live bovines imported from a BSE minimalrisk region—in this case, Canada—must be individually identified by means of an official eartag of the country of origin. The eartag must be determined by the Administrator to meet standards equivalent to those for official eartags in the United States, as defined in 9 CFR part 71, and to be traceable to the E:\FR\FM\09AUP1.SGM 09AUP1

Agencies

[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Proposed Rules]
[Pages 45438-45439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12935]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 3

[Docket No. APHIS-2006-0044]


Animal Welfare; Elephants

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of petition and request for comments.

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

SUMMARY: We are notifying the public that the Animal and Plant Health 
Inspection Service has received a petition from In Defense of Animals 
requesting that we issue an interpretive rule or policy to clarify the 
space and living conditions required for captive elephants, and that we 
enforce the Animal Welfare Act and its implementing regulations by 
requiring that exhibitors fully comply with the regulations. We are 
soliciting comments from the public regarding the petition, and whether 
we should continue to regulate the handling, care, treatment, and 
transport of elephants covered by the Animal Welfare Act under the 
general standards in the regulations or promulgate specific standards 
for elephants. We are also requesting comments regarding what should be 
included in any such standards.

DATES: We will consider all comments that we receive on or before 
October 10, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0044 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0044, 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. APHIS-2006-0044.
    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 https://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Barbara Kohn, Senior Staff 
Veterinarian, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, 
MD 20737-1234; (301) 734-7833.

SUPPLEMENTARY INFORMATION:

Background

    The Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.) authorizes the 
Secretary of Agriculture to promulgate standards and other requirements 
governing the humane handling, care, treatment, and transportation of 
certain animals by dealers, research facilities, exhibitors, carriers, 
and other regulated entities. The Secretary of Agriculture has 
delegated the responsibility for enforcing the AWA to the Administrator 
of the Animal and Plant Health Inspection Service (APHIS). Regulations 
established under the AWA are contained in 9 CFR parts 1, 2, and 3. 
Currently, part 3 consists of subparts A through E, which contain 
specific standards for dogs and cats, guinea pigs and hamsters, 
rabbits, nonhuman primates, and marine mammals, respectively, and 
subpart F, which sets forth the general standards for warmblooded 
animals not otherwise specified in that part, including elephants.
    In a petition \1\ dated February 2, 2006, In Defense of Animals 
(the petitioner) stated that exhibited elephants have chronic foot and 
joint problems due to inadequate space (indoor and outdoor enclosures) 
and inadequate living conditions (including amount of time confined, 
type of substrate, and cleanliness of floors). The petitioner requested 
that APHIS issue an interpretive rule or policy that clarifies the 
space and living conditions required for captive elephants, and that 
APHIS enforce the AWA and its implementing regulations by requiring 
that exhibitors fully comply with the regulations.
---------------------------------------------------------------------------

    \1\ The petition is available on the Regulations.gov Web site. 
Go to https://www.regulations.gov, and, in the lower ``Search 
Regulations and Federal Actions'' box, select ``Animal and Plant 
Health Inspection Service'' from the agency drop-down menu, then 
click on ``Submit.'' In the Docket ID column, select APHIS-2006-
0044. The petition will appear in the resulting list of documents. A 
copy of the petition may also be obtained from the person listed 
under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    We are requesting comments from the public on the petition. We are 
also requesting comments on whether specific standards should be 
promulgated for elephants and what should be included in such 
standards. In particular, we invite responses to the following 
questions:
    1. What are the causes of arthritis in elephants?
    2. What, if any, foot care practices have been used on captive 
elephants to maintain healthy feet?
    3. What substrates are best for captive elephants? Are there any 
substrate conditions that promote foot problems?
    4. Do captive elephants require a certain amount of exercise (i.e., 
walking) to maintain healthy feet?
    5. What industry/professional standards are available for elephant 
care and husbandry?
    6. Are there any other health or care issues related to elephants 
that should be specifically addressed in the AWA standards?
    We welcome all comments on the issues outlined above and encourage 
the submission of scientific data, studies, or research to support your 
comments and position, including scientific data or

[[Page 45439]]

research that supports any industry or professional standards that 
pertain to elephant care. We also invite data on the costs and benefits 
associated with any recommendations. We will consider all comments and 
recommendations we receive.

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.

    Done in Washington, DC, this 3rd day of August 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-12935 Filed 8-8-06; 8:45 am]
BILLING CODE 3410-34-P
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