[Federal Register: October 10, 2003 (Volume 68, Number 197)]
[Rules and Regulations]
[Page 58575-58577]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10oc03-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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[[Page 58575]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 1, 2, and 3
[Docket No. 02-012-1]
RIN 0579-AB51
Animal Welfare; Transportation of Animals on Foreign Air Carriers
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Determination to regulate and request for comments.
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SUMMARY: In this document, we are giving notice of, and requesting
comment on, our intent to begin applying the Animal Welfare Act (AWA)
regulations and standards for the humane transportation of animals in
commerce to all foreign air carriers operating to or from any point
within the United States, its territories, possessions, or the District
of Columbia. While these AWA regulations and standards have been
enforced on U.S. air carriers, foreign air carriers, as a matter of
policy, have not been asked to comply with the regulations, although
some have done so voluntarily. Our determination to begin regulating
foreign air carriers will ensure that any animal covered by the AWA,
whether coming into, traveling from point to point in, or leaving the
United States, its territories, possessions, or the District of
Columbia, will be provided the protection of the AWA regulations and
standards. We intend to begin applying these AWA regulations and
standards unless substantial issues bearing on the effects of this
action are brought to our attention.
DATES: This determination to regulate will be effective on April 7,
2004, unless we receive comments raising substantial issues bearing on
the effects of this action by December 9, 2003 (see ``Effective Date
and Request for Comments'' under SUPPLEMENTARY INFORMATION).
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-012-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-012-1. If you use e-mail, address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-012-1'' on the subject line.
You may read any comments that we receive 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 dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Veterinary
Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84,
Riverdale, MD 20737-1236; (301) 734-7586.
SUPPLEMENTARY INFORMATION:
Background
The Animal Welfare regulations contained in 9 CFR chapter I,
subchapter A, part 3 (referred to below as ``the regulations'') provide
standards for the humane handling, care, treatment, and transportation,
by regulated entities, of animals covered by the Animal Welfare Act
(AWA, 7 U.S.C. 2131 et seq.). The regulations in part 3 are divided
into six subparts, designated as subparts A through F, each of which
contains facility and operating standards, animal health and husbandry
standards, and transportation standards for a specific category of
animals. These subparts consist of the following: Subpart A--dogs and
cats; subpart B--guinea pigs and hamsters; subpart C--rabbits; subpart
D--nonhuman primates; subpart E--marine mammals; and subpart F--
warmblooded animals other than dogs, cats, rabbits, hamsters, guinea
pigs, nonhuman primates, and marine mammals. Transportation standards
for dogs and cats are contained in Sec. Sec. 3.13 through 3.19; for
guinea pigs and hamsters, in Sec. Sec. 3.35 through 3.41; for rabbits,
in Sec. Sec. 3.60 through 3.66; for nonhuman primates, in Sec. Sec.
3.86 through 3.92; for marine mammals, in Sec. Sec. 3.112 through
3.118; and for all other warmblooded animals, in Sec. Sec. 3.136
through 3.142.
A carrier is defined in Sec. 1.1 as ``the operator of any airline,
railroad, motor carrier, shipping line, or other enterprise which is
engaged in the business of transporting animals for hire.''
While the Animal Care unit of the U.S. Department of Agriculture's
(USDA's) Animal and Plant Health Inspection Service (APHIS) currently
enforces the AWA regulations and standards on U.S. air carriers,
foreign air carriers (as defined in 49 U.S.C 40102) operating in the
United States have not been regulated as a matter of policy. We believe
that animals being transported by foreign air carriers operating to or
from any point within the United States, its territories, possessions,
or the District of Columbia should be afforded the same protection
under the AWA as if they were being transported by U.S. air carriers.
This determination to regulate gives notice that APHIS intends to begin
applying the AWA transportation regulations and standards to all
foreign air carriers operating to or from any point within the United
States, its territories, possessions, or the District of Columbia.
There are approximately 517 foreign air carriers which hold
currently effective economic authority from the U.S. Department of
Transportation to conduct operations in foreign air transportation to
and from the United States. In order to ensure the widest possible
notice of our determination to begin applying AWA regulations and
standards on foreign air carriers, we intend to mail these carriers
copies of this notice. In this way, the airlines will
[[Page 58576]]
be informed that, beginning 180 days after the publication of this
determination to regulate, they will be subject to the transportation
regulations and standards of the AWA while in the United States, its
territories, possessions, or the District of Columbia. Also, copies of
this notice will be sent to trade organizations involved with air
transportation of animals, such as the Animal Transportation
Association, Air Transport Association, and International Air
Transportation Association (IATA), with a request that copies be
included in newsletters they send to their members. These organizations
have been consulted with regard to this determination to regulate, and
we have been coordinating with them on a regular basis.
Effective Date and Request for Comments
Although we have been consulting and coordinating with the trade
organizations cited above and, by extension, their member airlines, we
believe it is appropriate to provide an opportunity for affected
entities to comment prior to this determination to regulate becoming
effective. Therefore, we are soliciting comments on this determination
to regulate for a period of 60 days. If, through the comments we
receive, substantial issues bearing on the effects of this action are
brought to our attention, we will publish a notice in the Federal
Register prior to the effective date of this determination to regulate
to inform the public as to what action we will be taking to address
those issues. Conversely, if the comments we receive yield no
substantial issues, we will publish a notice in the Federal Register
confirming the effective date.
Effects of This Determination to Regulate
Within 180 days after publication of this notice, each foreign air
carrier will need to complete an AWA registration form pursuant to
Sec. 2.25 of the AWA regulations, which may be obtained by calling the
APHIS Animal Care Western Regional Office at (970) 494-7478 or the
Eastern Regional Office at (919) 716-5532. Registered foreign air
carriers will need to provide Animal Care with a U.S. business address
or the address of an agent where the records required to be kept
pursuant to the AWA regulations will be available for inspection.
Animal Care inspectors will conduct unannounced inspections of the
overall health and condition of the animals being transported, their
enclosures, environmental factors, and required records upon the
foreign air carrier's arrival within the United States, its
territories, possessions, or the District of Columbia. Carriers that
violate the AWA by failing to meet the AWA transportation regulations
and standards are subject to fines and/or penalties.
We believe that the 180-day delay in the effective date of applying
AWA regulations and standards to the operations of foreign air carriers
should allow adequate time for them to become familiar with the
provisions of the AWA and the AWA transportation regulations and
standards and to make any necessary changes in procedure. Many foreign
air carriers are members of the IATA and may already be in compliance
with most of the physical requirements of the regulations and standards
of the AWA. The IATA regulations generally meet or exceed the intent of
the AWA in ensuring the humane and safe transportation of animals, but
diverge from the USDA regulations primarily in their recordkeeping
requirements. Under this determination to regulate, where such
divergences exist, the AWA regulations will take precedence.
This action will require foreign air carriers operating to or from
any point within the United States, its territories, possessions, or
the District of Columbia to meet certain requirements of the AWA
transportation regulations and standards that are not contained in the
IATA regulations. For example, various sections of the transportation
standards in 9 CFR part 3 require that no live animals can be presented
to a carrier more than 4 hours before the scheduled departure time of
the flight on which the animal is to be transported. With prior
arrangements, this time may be extended to 6 hours. The IATA
regulations contain no such provision. Various sections of the
transportation standards in 9 CFR part 3 also have specific primary
enclosure requirements which differ from those of the IATA. Most often,
the IATA space requirements for animals are consistent with the AWA
requirements, but with at least one species--the guinea pig--the space
requirements are not consistent with the AWA requirements. Various
sections of the transportation standards in 9 CFR part 3 also have
minimum and maximum temperature requirements for holding areas for
animals in transit (usually 45 or 50 [deg]F to 85 [deg]F). The IATA
regulations, in contrast, do not mandate minimum or maximum
temperatures. Instead, guidelines are offered for acceptable
temperature ranges for various species in transport.
In addition to the physical requirements, foreign air carriers
operating to or from any point within the United States, its
territories, possessions, or the District of Columbia, will have to
meet recordkeeping requirements set out in the AWA regulations. Records
that foreign air carriers will have to keep and maintain include a copy
of the consignor's written guarantee of payment for transportation for
C.O.D. shipments, a shipping document, and an animal health certificate
executed and issued by a licensed veterinarian. In addition, depending
on the species, the AWA regulations may require that instructions for
the administration of drugs, medication, other special care, food, and
water, as well as other shipping documents, be attached to the outside
of the animal's primary enclosure.
This determination to regulate will not necessitate any changes to
the current AWA transportation regulations or standards but will
increase Animal Care's inspection activities. The increased burden on
Animal Care is not likely to be significant, however, because Animal
Care inspectors already perform inspections at the airports that
foreign air carriers use.
This determination to regulate will ensure that any animal covered
by the AWA, whether coming into, traveling from point to point in, or
leaving the United States, its territories, possessions, or the
District of Columbia, will be provided the protection of the AWA
regulations and standards.
Therefore, unless substantial issues bearing on the effects of this
action are brought to our attention, APHIS intends to begin applying
the AWA transportation regulations and standards to foreign air
carriers operating to or from any point within the United States, its
territories, possessions, or the District of Columbia 180 days from the
date of publication in the Federal Register of this notice.
Executive Order 12866 and Regulatory Flexibility Act
This determination to regulate rule has been reviewed under
Executive Order 12866. The determination to regulate 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.
This document gives notice that we intend to begin applying the AWA
regulations and standards for the humane transportation of animals in
commerce to all foreign air carriers operating to or from any point
within the United States, its territories, possessions, or the District
of Columbia.
For the reasons discussed earlier in this document, we do not
expect that there will be any significant economic
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effects on entities affected by this determination to regulate (i.e.,
foreign air carriers and APHIS). We note that many foreign air carriers
are members of the IATA and observe that organization's regulations
regarding animal transport, which generally meet or exceed the intent
of the AWA in ensuring the humane and safe transportation of animals.
Thus, many foreign air carriers may already be in compliance with most
of the physical requirements of the regulations and standards of the
AWA. The primary aspect in which the IATA regulations diverge from the
USDA regulations is in their recordkeeping requirements; as we note
below under ``Paperwork Reduction Act, `` we expect that the additional
time that foreign air carriers will need to expend in order to comply
with the reporting and recordkeeping requirements of the AWA
regulations will be minimal. While the routine inspection of foreign
air carriers will lead to an increased inspection burden on APHIS'
Animal Care inspectors, that burden is not likely to be significant
because those inspectors already perform inspections at the airports
that foreign air carriers use.
As an alternative to this determination to regulate, we considered
maintaining the status quo, i.e., continuing with our policy of not
applying the requirements of the regulations to foreign air carriers.
While some foreign air carriers voluntarily comply with the regulations
and many others observe the IATA's regulations regarding animal
transport, such compliance or observance is not universal. To ensure
that animals being transported to or from any point within the United
States, its territories, possessions, or the District of Columbia are
afforded consistent protection, regardless of whether they are being
transported by foreign air carriers or U.S. air carriers, we have
determined that it is necessary to begin applying the AWA
transportation regulations and standards to all foreign air carriers
operating to or from any point within the United States, its
territories, possessions, or the District of Columbia.
We believe that the small additional costs associated with this
determination to regulate will be outweighed by the benefits of
ensuring that animals being transported by foreign air carriers
operating to or from any point within the United States, its
territories, possessions, or the District of Columbia are afforded the
same protection under the AWA as if they were being transported by U.S.
air carriers.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this determination
to regulate will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this determination to regulate
have been submitted for approval to the Office of Management and Budget
(OMB). Please send written comments concerning the information
collection or recordkeeping requirements included in this determination
to regulate to the Office of Information and Regulatory Affairs, OMB,
Attention: Desk Officer for APHIS, Washington, DC 20503. Please state
that your comments refer to Docket No. 02-012-1. Please send a copy of
your comments to: (1) Docket No. 02-012-1, Regulatory Analysis and
Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118,
Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room
404-W, 14th Street and Independence Avenue, SW., Washington, DC 20250.
Within 180 days after publication of this determination to
regulate, every foreign air carrier operating to or from any point
within the United States, its territories, possessions, or the District
of Columbia will need to complete a registration form. Registered
foreign air carriers will also be required to keep and maintain records
required under the AWA regulations pertaining to animal transport.
These records may include a copy of the consignor's written guarantee
of payment for transportation for C.O.D. shipments; a shipping
document; an animal health certificate executed and issued by a
licensed veterinarian; and, if needed, an acclimation statement
indicating that the animal being transported can withstand temperatures
colder or warmer than the minimums or maximums specified in the
regulations. In addition, depending on the species, the regulations may
require that instructions for the administration of drugs, medication,
other special care, food, and water, as well as other shipping
documents, be attached to the outside of the animal's primary
enclosure.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.162037 hours per response.
Respondents: Foreign air carriers transporting animals covered by
the Animal Welfare Act.
Estimated annual number of respondents: 20.
Estimated annual number of responses per respondent: 54.
Estimated annual number of responses: 1,080.
Estimated total annual burden on respondents: 175 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS'' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this interim rule, please contact
Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.
Done in Washington, DC, this 6th day of October, 2003.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 03-25788 Filed 10-9-03; 8:45 am]
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