[Federal Register: August 11, 2003 (Volume 68, Number 154)]
[Rules and Regulations]
[Page 47797-47800]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au03-20]
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Part III
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 119
Reports by Carriers on Incidents Involving Animals During Air
Transport; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 119
[Docket No. FAA-2002-13378; Amendment No. 119-9]
RIN 2120-AH69
Reports by Carriers on Incidents Involving Animals During Air
Transport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule implements section 710 of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR-21) by
requiring air carriers that provide scheduled passenger air
transportation to submit monthly to the Secretary of Transportation,
through the Animal and Plant Health Inspection Service (APHIS), United
States Department of Agriculture (USDA), a report on any incidents
involving the loss, injury or death of an animal during air transport
provided by the air carrier.
DATES: The Office of Management and Budget has not approved the
information collection contained in these requirements. These
requirements do not become effective until after the FAA publishes a
notice of the Office of Management and Budget's approval for this
information collection.
FOR FURTHER INFORMATION CONTACT: James W. Whitlow, Office of the Chief
Counsel, AGC-2, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-3222; facsimile
(202) 267-3227.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (http://dms.dot.gov/search);
(2) Visiting the Office of Rulemaking's web page at http://www.faa.gov/avr/arm/index.cfm
; or
(3) Accessing the Government Printing Office's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
You can also get a copy
by submitting a request to the Federal Aviation Administration, Office
of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC
20591, or by calling (202) 267-9680. Make sure to identify the
amendment number or docket number of this rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; pages 19477-78), or you may visit
http://dms.dot.gov.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact its local FAA official, or the person listed
under FOR FURTHER INFORMATION CONTACT. You can find out more about
SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.htm, or by
e-mailing us at 9-AWA-SBREFA@faa.gov.
Background
Section 710 of AIR-21 (Public Law 106-181) added section 41721 to
chapter 417 of Title 29 U.S.C. Section 41721(b) mandates that air
carriers report to the Secretary of Transportation on a monthly basis
about any incidents involving the loss, injury or death of an animal
during air transportation. Section 41721(c) directs the Secretary of
Transportation and the Secretary of Agriculture to enter into a
memorandum of understanding to ensure the sharing of the information
contained in these reports. Section 41721(d) directs the Secretary of
Transportation to publish data on incidents and complaints involving
the loss, injury, or death of an animal during air transport in a
manner comparable to other consumer complaint and incident data.
FAA published a notice of proposed rulemaking (NPRM) on September
27, 2002 (67 FR 61238) that proposed to comply with section 710 of AIR-
21. On October 18, 2002, in response to requests that interested
persons submitted to the docket, we extended the comment period to
December 27, 2002 (67 FR 64330).
What the Final Rule Does
This final rule implements the rule proposed in the NPRM by
amending 14 CFR part 119 to require air carriers that provide scheduled
passenger air transportation to submit monthly reports on the loss,
injury or death of an animal during air transport to the Secretary of
Transportation, through APHIS. The rule specifies the type and manner
of information that air carriers must submit to APHIS to comply with
Section 41721(a). APHIS will process the reports and forward the
relevant information to the Office of Aviation Enforcement and
Proceedings (APE) for monthly publication in the Air Travel Consumer
Report. The term ``animal'' is limited to an animal that is being kept
as a pet in a family household in the United States.
Discussion of Comments
The FAA received approximately 3,760 comments in response to the
NPRM. Most of the comments were similar. Of the comments supporting the
action proposed in the NPRM, most of the comments urged the FAA to
expand the reporting requirement to cover all animals that are
transported by air, not just household pets of U.S. families. Those who
opposed the proposed rule were typically concerned that the rule would
increase shipping costs for animals or reduce the shipping options
available, and that the definition of ``animal'' should be limited to
animals being kept as a pet in a family household in the United States,
but not include animals being transported for the purpose of being sold
as a pet in a family household in the United States.
FAA Response:
Definition of ``Animal''
After reviewing the comments, the text of Section 710 and its
legislative history, the FAA has concluded that the intent of the
legislation was to require reporting of incidents involving pets
presented by passengers to scheduled passenger air carriers for
transport on commercial flights. This conclusion is consistent with the
limitation of Section 41721(a) to ``[a]n air carrier that provides
scheduled passenger air transportation'' and the fact that Section
41721(d) directs the Secretary of Transportation to publish data on the
incidents ``in a manner comparable to other consumer complaint and
incident data.'' (Emphasis added). The Conference Report for P. L. 106-
181 indicates that Section 710 was adopted instead of the Senate
amendment so that airlines could continue to carry animals while
information is collected that Congress can use to determine whether
there is a problem that warrants stronger legislative remedies. See
House Report 106-513, page 197. In the meantime, Congress directed DOT:
to work with airlines to improve the training of employees so that
(1) they will be better able to ensure the safety of animals being
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flown and (2) they will be better able to explain to passengers the
conditions under which their pets are being carried. People should
know that their pets might be in a cargo hold that may not be air-
conditioned or may differ from the passenger cabin in other
respects. (Emphasis added)
Id., page 198.
In consideration of the above, Section 119.72(c)(2) shall read:
``Animal means any warm or cold blooded animal which, at the time
of transportation, is being kept as a pet in a family household in the
United States.''
Cost of Shipping Animals by Air and Availability of Shipping Options
The reporting requirement was established by Congress in Section
710, not by FAA through implementation of this rule; therefore, the
cost of compliance with the reporting requirement is the result of the
statute, not this rule. More importantly, though, because the rule will
only require reports to be filed when an incident occurs, and only with
respect to the transportation of pets, the economic impact of this rule
should be minimal, and will neither raise the cost of shipping animals
by air nor affect the availability of shipping options.
Paperwork Reduction Act
According to the regulations implementing the Paperwork Reduction
Act of 1995, (5 CFR 1320.8(b)(2)(vi)), a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number. The OMB control number for this information
collection will be published in the Federal Register, after the Office
of Management and Budget approves it.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and the benefits of a regulatory change.
The FAA is not allowed to propose or adopt a regulation without making
a reasoned determination that the benefits of the intended regulation
justify its costs. FAA's assessment of this rulemaking indicates that
its economic impact is minimal. The reporting requirement was
established by statute, not this rule; however, the cost of compliance
will be minimal because the rule will require reports to be filed only
after an incident occurs, and only with respect to the transportation
of pets. Because the costs and benefits of this action do not make it a
``significant regulatory action'' as defined in the Order, FAA has not
prepared a ``regulatory impact analysis.'' Similarly, FAA has not
prepared a full ``regulatory evaluation,'' which is not required when
the economic impact of a rule is minimal.
Economic Assessment, Regulatory Flexibility Determination, Trade Impact
Assessment, and Unfunded Mandates Assessment
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs each Federal
agency to propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify its
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (19 U.S.C. Sec. Sec. 2531-2533)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. In developing
U.S. standards, this Trade Act also requires agencies to consider
international standards and, where appropriate, use them as the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation.)
In conducting these analyses, FAA has determined this rule (1) has
benefits that justify its costs, is not a ``significant regulatory
action'' as defined in section 3(f) of Executive Order 12866 and is not
``significant'' as defined in DOT's Regulatory Policies and Procedures;
(2) will not have a significant economic impact on a substantial number
of small entities; (3) will not create barriers to international trade;
and (4) does not impose an unfunded mandate on state, local, or tribal
governments, or on the private sector.
Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 602-612,
directs Federal agencies to fit regulatory requirements to the scale of
the business, organizations, and governmental jurisdiction subject to
the regulation. Federal agencies are required to determine whether a
proposed or final action will have a ``significant economic impact on a
substantial number of small entities'' as defined in the Act. If an
agency finds that the action will have a significant impact, it must do
a ``regulatory flexibility analysis.''
This final action imposes an insignificant reporting requirement on
air carriers; therefore, FAA certifies that this action will not have a
significant economic impact on a substantial number of small entities.
Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activity that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. In addition, consistent with the Administration's belief in
the general superiority and desirability of free trade, it is the
policy of the Administration to remove or diminish, to the extent
feasible, barriers to international trade, including both barriers
affecting the export of American goods and services to foreign
countries and barriers affecting the import of foreign goods and
services into the U.S.
In accordance with the above statute and policy, FAA has assessed
the potential effect of this rulemaking and has determined that it will
have only a domestic impact and therefore no effect on any trade-
sensitive activity.
Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (the Act), enacted as
Public Law 104-4 on March 22, 1995, is intended, among other things, to
curb the practice of imposing unfunded Federal mandates on State,
local, and tribal governments. Title II of the Act requires each
Federal agency to prepare a written statement assessing the effects of
any Federal mandate in a proposed or final agency rule that may result
in a $100 million or more expenditure (adjusted annually for inflation
in any one year by State, local, and tribal governments, in the
aggregate,
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or by the private sector; such a mandate is deemed to be a
``significant regulatory action.''
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do
not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action will not have a substantial direct effect
on the States, or the relationship between the national Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and therefore does not have
federalism implications.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1D,
appendix 4, paragraph 4(j), this rulemaking action qualifies for a
categorical exclusion.
Energy Impact
The energy impact of the final rule has been assessed in accordance
with the Energy Policy and Conservation Act (EPCA) Pub. L. 94-163, as
amended (42 U.S.C. 6362) and FAA Order 1053.1. FAA has determined that
the final rule is not a major regulatory action under the provisions of
the EPCA.
List of Subjects in 14 CFR Part 119
Air Carrier, Animal Incidents, Reporting Requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends Chapter I of Title 14, Code of Federal
Regulations as follows:
PART 119--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS
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1. The authority citation for part 119 is revised to read as follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
41721, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904,
44906, 44912, 44914, 44936, 44938, 46103, 46105.
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2. Section 119.72 is added to subpart C to read as follows:
Sec. 119.72 Reports by air carriers on incidents involving animals
during air transport.
(a) Any air carrier that provides scheduled passenger air
transportation shall, within 15 days of the end of the month to which
the information applies, submit to the Animal & Plant Health Inspection
Service, United States Department of Agriculture, a report on any
incidents involving the loss, injury, or death of an animal during air
transport provided by the air carrier.
(b) The report shall be made in the form and manner set forth in
reporting directives issued by the Animal & Plant Health Inspection
Service, and shall contain the following information:
(1) Carrier and flight number;
(2) Date and time of the incident;
(3) Description of the animal, including name, if applicable;
(4) Identification of the owner(s) and/or guardian of the animal;
(5) Narrative description of the incident;
(6) Narrative description of the cause of the incident;
(7) Narrative description of any corrective action taken in
response to the incident; and
(8) Name, title, address, and telephone number of the individual
filing the report on behalf of the air carrier.
(c) For purposes of this section: (1) The air transport of an
animal includes the entire period during which an animal is in the
custody of an air carrier, from check-in of the animal prior to
departure until the animal is returned to the owner or guardian of the
animal at the final destination of the animal; and
(2) Animal means any warm or cold blooded animal which, at the time
of transportation, is being kept as a pet in a family household in the
United States.
Issued in Washington, DC, on August 4, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-20282 Filed 8-8-03; 8:45 am]
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