The long awaited prohibition on double decker cattle trailers being used to
haul horses to slaughter goes into effect, December 7, 2006.

While the law provides a loophole in that horses may still be transported in
these inhumane trailers for other purposes, it does indeed outlaw their use
in transporting horses to slaughter plants.

The statute is copied below should anyone need to have it on hand for use in
helping local, state, and federal authorities enforce the law.

People living near a slaughter plant, or frequenting auctions where horses are
loaded for slaughter, are asked to contact local police to advise them of the
situation. Also, people witnessing a double decker at a horse slaughter plant, are asked to please be certain to write down the D.O.T. number on the semi-tractor door, as well
as the license plate number and name of the company. Please call Chris Heyde
at the Society for Animal Protective Legislation immediately with this
information. Ph 703-836-4300.

Click here to print in Word format

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 final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are in conflict with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. et seq.), the information collection or
recordkeeping requirements included in this final rule have been
approved by the Office of Management and Budget (OMB). The assigned OMB
control number is 0579-0160.

List of Subjects

9 CFR Part 70

Administrative practice and procedure.

9 CFR Part 88

Animal welfare, Horses, Penalties Reporting and recordkeeping
requirements, Transportation.

Accordingly, we are amending 9 CFR, chapter I, subchapter C, as
follows:

PART 70--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

1. The authority citation for part 70 is revised to read as
follows:

Authority: 21 U.S.C. 111, 112, 114a, 114a-1, 115, 117, 120, 122,
123, 125-127, 134b, 134c, 134e, and 134f; 7 CFR 2.22, 2.80, 371.4.

2. In Sec. 70.1, the list of statutory provisions is amended by
adding at the end of the list the following:

Sec. 70.1 Scope and applicability of rules of practice.

* * * * *
Sections 901-905 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 1901 note).
* * * * *

3. A new part 88 is added to read as follows:

PART 88--COMMERCIAL TRANSPORTATION OF EQUINES FOR SLAUGHTER

Sec.
88.1 Definitions.
88.2 General information.
88.3 Standards for conveyances.
88.4 Requirements for transport.
88.5 Requirements at a slaughtering facility.
88.6 Violations and penalties.

Authority: 7 U.S.C. 1901, 7 CFR 2.22, 2.80, 371.4.

Sec. 88.1 Definitions.

The following definitions apply to this part:
APHIS. The Animal and Plant Health Inspection Service of the U.S.
Department of Agriculture.
Commercial transportation. Movement for profit via conveyance on
any highway or public road.
Conveyance. Trucks, tractors, trailers, or semitrailers, or any
combination of these, propelled or drawn by mechanical power.
Equine. Any member of the Equidae family, which includes horses,
asses, mules, ponies, and zebras.
Euthanasia. The humane destruction of an animal by the use of an
anesthetic agent or other means that causes painless loss of
consciousness and subsequent death.
Owner/shipper. Any individual, partnership, corporation, or
cooperative association that engages in the commercial transportation
of more than 20 equines per year to slaughtering facilities, except any
individual or other entity who transports equines to slaughtering
facilities incidental to his or her principal activity of production
agriculture (production of food or fiber).
Owner-shipper certificate. VS Form 10-13,\1\ which requires the
information specified by Sec. 88.4(a)(3) of this part.
------------ --------- --------- --------- --------- --------- -

\1\ Forms may be obtained from the National Animal Health
Programs Staff, Veterinary Services, APHIS, 4700 River Road Unit 43,
Riverdale, MD 20737-1231.
------------ --------- --------- --------- --------- --------- -

Secretary. The Secretary of Agriculture.
Slaughtering facility. A commercial establishment that slaughters
equines for any purpose.
Stallion. Any uncastrated male equine that is 1 year of age or
older.
USDA. The U.S. Department of Agriculture.
USDA backtag. A backtag issued by APHIS that conforms to the eight-
character alpha-numeric National Backtagging System and that provides
unique identification for each animal.
USDA representative. Any employee of the USDA who is authorized by
the Deputy Administrator for Veterinary Services of APHIS, USDA, to
enforce this part.

Sec. 88.2 General information.

(a) State governments may enact and enforce regulations that are
consistent with or that are more stringent than the regulations in this
part.
(b) To determine whether an individual or other entity found to
transport equines to a slaughtering facility is subject to the
regulations in this part, a USDA representative may request from any
individual or other entity who transported the equines information
regarding the business of that individual or other entity. When such
information is requested, the individual or other entity who
transported the equines must provide the information within 30 days and
in a format as may be specified by the USDA representative.

Sec. 88.3 Standards for conveyances.

(a) The animal cargo space of conveyances used for the commercial
transportation of equines to slaughtering facilities must:
(1) Be designed, constructed, and maintained in a manner that at
all times protects the health and well-being of the equines being
transported (e.g., provides

[[Page 63616]]

adequate ventilation, contains no sharp protrusions, etc.);
(2) Include means of completely segregating each stallion and each
aggressive equine on the conveyance so that no stallion or aggressive
equine can come into contact with any of the other equines on the
conveyance;
(3) Have sufficient interior height to allow each equine on the
conveyance to stand with its head extended to the fullest normal
postural height; and
(4) Be equipped with doors and ramps of sufficient size and
location to provide for safe loading and unloading.
(b) Equines in commercial transportation to slaughtering facilities
must not be transported in any conveyance that has the animal cargo
space divided into two or more stacked levels, except that conveyances
lacking the capability to convert from two or more stacked levels to
one level may be used until December 7, 2006. Conveyances with
collapsible floors (also known as ``floating decks'') must be
configured to transport equines on one level only.

Sec. 88.4 Requirements for transport.

(a) Prior to the commercial transportation of equines to a
slaughtering facility, the owner/shipper must:
(1) For a period of not less than 6 consecutive hours immediately
prior to the equines being loaded on the conveyance, provide each
equine appropriate food (i.e., hay, grass, or other food that would
allow an equine in transit to maintain well-being), potable water, and
the opportunity to rest;
(2) Apply a USDA backtag \2\ to each equine in the shipment;
------------ --------- --------- --------- --------- --------- -

\2\ USDA backtags are available at recognized slaughtering
establishments and specifically approved stockyards and from State
representatives and APHIS representatives. A list of recognized
slaughtering establishments and specifically approved stockyards may
be obtained as indicated in Sec. 78.1 of this chapter. The terms
``State representative' ' and ``APHIS representative' ' are defined in
Sec. 78.1 of this chapter.
------------ --------- --------- --------- --------- --------- -

(3) Complete and sign an owner-shipper certificate for each equine
being transported. The owner-shipper certificate for each equine must
accompany the equine throughout transit to the slaughtering facility
and must include the following information, which must be typed or
legibly completed in ink:
(i) The owner/shipper' s name, address, and telephone number;
(ii) The receiver's (destination) name, address, and telephone
number;
(iii) The name of the auction/market, if applicable;
(iv) A description of the conveyance, including the license plate
number;
(v) A description of the equine's physical characteristics,
including such information as sex, breed, coloring, distinguishing
markings, permanent brands, tattoos, and electronic devices that could
be used to identify the equine;
(vi) The number of the USDA backtag applied to the equine in
accordance with paragraph (a)(2) of this section;
(vii) A statement of fitness to travel at the time of loading,
which will indicate that the equine is able to bear weight on all four
limbs, able to walk unassisted, not blind in both eyes, older than 6
months of age, and not likely to give birth during the trip;
(viii) A description of any preexisting injuries or other unusual
condition of the equine, such as a wound or blindness in one eye, that
may cause the equine to have special handling needs;
(ix) The date, time, and place the equine was loaded on the
conveyance; and
(x) A statement that the equine was provided access to food, water,
and rest prior to transport in accordance with paragraph (a)(1) of this
section; and
(4) Load the equines on the conveyance so that:
(i) Each equine has enough floor space to ensure that no equine is
crowded in a way likely to cause injury or discomfort; and
(ii) Each stallion and any aggressive equines are completely
segregated so that no stallion or aggressive equine can come into
contact with any other equine on the conveyance.
(b) During transit to the slaughtering facility, the owner/shipper
must:
(1) Drive in a manner to avoid causing injury to the equines;
(2) Observe the equines as frequently as circumstances allow, but
not less than once every 6 hours, to check the physical condition of
the equines and ensure that all requirements of this part are being
followed. The owner/shipper must obtain veterinary assistance as soon
as possible from an equine veterinarian for any equines in obvious
physical distress. Equines that become nonambulatory en route must be
euthanized by an equine veterinarian. If an equine dies en route, the
owner/shipper must contact the nearest APHIS office as soon as possible
and allow an APHIS veterinarian to examine the equine. If an APHIS
veterinarian is not available, the owner/shipper must contact an equine
veterinarian;
(3) Offload from the conveyance any equine that has been on the
conveyance for 28 consecutive hours and provide the equine appropriate
food, potable water, and the opportunity to rest for at least 6
consecutive hours; and
(4) If offloading is required en route to the slaughtering
facility, the owner/shipper must prepare another owner-shipper
certificate as required by paragraph (a)(2) of this section and record
the date, time, and location where the offloading occurred. In this
situation, both owner-shipper certificates would need to accompany the
equine to the slaughtering facility.
(c) Handling of all equines in commercial transportation to a
slaughtering facility shall be done as expeditiously and carefully as
possible in a manner that does not cause unnecessary discomfort,
stress, physical harm, or trauma. Electric prods may not be used on
equines in commercial transportation to a slaughtering facility for any
purpose, including loading or offloading on the conveyance, except when
human safety is threatened.
(d) At any point during the commercial transportation of equines to
a slaughtering facility, a USDA representative may examine the equines,
inspect the conveyance, or review the owner-shipper certificates
required by paragraph (a)(3) of this section.
(e) At any time during the commercial transportation of equines to
a slaughtering facility, a USDA representative may direct the owner/
shipper to take appropriate actions to alleviate the suffering of any
equine. If deemed necessary by the USDA representative, such actions
could include securing the services of an equine veterinarian to treat
an equine, including performing euthanasia if necessary.
(f) The individual or other entity who signs the owner-shipper
certificate must maintain a copy of the owner-shipper certificate for 1
year following the date of signature.

Sec. 88.5 Requirements at a slaughtering facility.

(a) Upon arrival at a slaughtering facility, the owner/shipper
must:
(1) Ensure that each equine has access to appropriate food and
potable water after being offloaded;
(2) Present the owner-shipper certificates to a USDA
representative;
(3) Allow a USDA representative access to the equines for the
purpose of examination; and
(4) Allow a USDA representative access to the animal cargo area of
the conveyance for the purpose of inspection.
(b) If the owner/shipper arrives during normal business hours, the
owner/shipper must not leave the premises of

[[Page 63617]]

a slaughtering facility until the equines have been examined by a USDA
representative. However, if the owner/shipper arrives outside of normal
business hours, the owner/shipper may leave the premises but must
return to the premises of the slaughtering facility to meet the USDA
representative upon his or her arrival.
(c) Any owner/shipper transporting equines to slaughtering
facilities outside of the United States must present the owner-shipper
certificates to USDA representatives at the border.

Sec. 88.6 Violations and penalties.

(a) The Secretary is authorized to assess civil penalties of up to
$5,000 per violation of any of the regulations in this part.
(b) Each equine transported in violation of the regulations of this
part will be considered a separate violation.

(Approved by the Office of Management and Budget under control
number 0579-0160.)

Done in Washington, DC, this 3rd day of December 2001.
Bill Hawks,
Under Secretary, Marketing and Regulatory Programs.
[FR Doc. 01-30259 Filed 12-6-01; 8:45 am]
BILLING CODE 3410-34-U