[Federal Register: February 14, 2005 (Volume 70, Number 29)]
[Rules and Regulations]
[Page 7392-7394]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe05-10]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 119
Office of the Secretary
14 CFR Part 234
[Docket No. OST-2005-20331]
RIN 2105-AD48
Reports by Carriers on Incidents Involving Animals During Air
Transport
AGENCIES: Federal Aviation Administration, Office of the Secretary,
Department of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation (Department or DOT) is making
a technical change to the August 11, 2003, final rule implementing
section 710 of the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century (AIR-21) to require the reporting airlines to
submit the required information on the loss, injury, or death of an
animal during air transport to DOT's Aviation Consumer Protection
Division rather than the Animal and Plant Health Inspection Service
(APHIS) of the United States Department of Agriculture (USDA) and,
accordingly, is
[[Page 7393]]
making the rule part of DOT's economic regulations.
DATES: This rule becomes effective March 16, 2005.
FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Supervisory Trial
Attorney, Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings, Office of the General Counsel, 400 7th
Street, SW., Room 10424, Washington, DC 20590, 202-366-9342 (voice),
202-366-7153 (fax), or blane.workie@ost.dot.gov (e-mail).
SUPPLEMENTARY INFORMATION: On August 11, 2003, the Department, through
its Federal Aviation Administration (FAA), issued a final rule
implementing section 710 of AIR-21 requiring air carriers that provide
scheduled passenger air transportation to submit a monthly report to
USDA's APHIS on any incident involving the loss, injury or death of an
animal during air transportation provided by the air carrier (68 FR
47798). Under the rule, the reports would then be shared with DOT,
which would publish the data, as required by AIR-21, in a format
similar to the manner in which it publishes consumer complaints and
incident reports. However, issues arose regarding whether APHIS had the
capability to accept such information directly from the carriers and
pass it on to DOT. In order to resolve any such issues, the Department
has decided to make a technical change in the rule so that airlines
will submit the required information directly to DOT's Aviation
Consumer Protection Division (ACPD), rather than APHIS. The ACPD will
then publish the required data on animal transport and share the data
with APHIS. This OST final rule amends the August 11, 2003, final rule
accordingly. Finally, as a technical matter, the rule is being
relocated from 14 CFR Chapter I to 14 CFR Chapter II where other
requirements overseen by ACPD are located.
It is important to note that this rule does not change the type and
manner of information that air carriers must submit but simply
designates DOT's ACPD as the office that would receive the monthly
reports directly from air carriers on the loss, injury or death of an
animal during air transport. The information required to be submitted
to the ACPD should be sent preferably in Word format via e-mail to
animalreports@ost.dot.gov or to the following address: Aviation
Consumer Protection Division, Room 4107, U.S. Department of
Transportation, 400 7th Street, SW., Washington, DC 20590.
Regulatory Analysis and Notices
A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
This rulemaking is not ``significant'' under Executive Order 12866
or the Department of Transportation Regulatory Policies and Procedures
and was not reviewed by the Office of Management and Budget. Because
this rule merely changes where information should be filed, there are
no costs associated with this rule.
B. Executive Order 13132 (Federalism)
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not adopt any regulation that (1) has substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government; (2) imposes
substantial direct compliance costs on State and local governments; or
(3) preempts State law. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
C. Executive Order 13084
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of Executive Order
13084 do not apply.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This rule
will have no costs because it merely changes where the reports will be
filed. We hereby certify this final rule will not have a significant
economic impact on a substantial number of small businesses.
E. Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995, DOT has
submitted the Information Collection Requests (ICRs) abstracted below
to the Office of Management and Budget (OMB). Before OMB decides
whether to approve these proposed collections of information and issue
a control number, the public must be provided 30 days to comment.
Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Attention: Desk Officer for the Office of the
Secretary of Transportation, Office of Information and Regulatory
Affairs, Washington, DC 20503, and should also send a copy of their
comments to: Department of Transportation, Aviation Enforcement and
Proceedings, Office of the General Counsel, 400 7th Street, SW., Room
4116, Washington, DC 20590. OMB is required to make a decision
concerning the collection of information requirements contained in this
rule between 30 and 60 days after publication of this document in the
Federal Register. Therefore, a comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication.
We will respond to any OMB or public comments on the information
collection requirements contained in this rule. OST may not impose a
penalty on persons for violating information collection requirements
which do not display a current OMB control number, if required. OST
intends to obtain current OMB control numbers for any new information
collection requirements resulting from this rulemaking action. The OMB
control number, when assigned, will be announced by separate notice in
the Federal Register.
The ICRs were previously published in the Federal Register (68 FR
47627). Neither the assumptions upon which these calculations are based
nor the information collection burden hours have changed. The title,
description, respondent description of the information collections and
the annual recordkeeping and periodic reporting burden are stated
below.
Title: Reports by Carriers on Incidents Involving Animals During
Air Transport.
Type of Request: New Collection.
Description: Congress mandated this rule as part of Public Law 106-
810, to require air carriers to track and report incidents of loss,
injury, or death of a pet during transport. The information gathered
and reported by the air carriers will provide the public with valuable
information when choosing an air carrier to use when traveling with a
pet.
Respondents: Air Carriers that transport pets--30 Transport Air
Carriers.
[[Page 7394]]
Frequency: 12 reports to DOT per year for each respondent.
Estimated Annual Burden Hours: An estimated 360 hours annually.
F. Unfunded Mandates Reform Act
The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this
rulemaking.
G. 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. The statute
also requires consideration of international standards and where
appropriate, that they be the basis for U.S. standards. In addition, 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,
OST 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.
H. 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). We have determined that the final rule is not
a major regulatory action under the provisions of the EPCA.
List of Subjects
14 CFR Part 119
Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.
14 CFR Part 234
Air carriers, Consumer protection, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 14 CFR chapters I and II are
amended as follows:
Chapter I--Federal Aviation Administration, Department of
Transportation
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
0
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,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
Sec. 119.72 [Removed]
0
2. Section 119.72 is removed.
Chapter II--Office of the Secretary, Department of Transportation
PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS
0
3. The authority citation for Part 234 is revised to read as follows:
Authority: 49 U.S.C. 329 and chapters 401 and 417.
0
4. Section 234.13 is added to read as follows:
Sec. 234.13 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 United States Department of
Transportation's Aviation Consumer Protection Division 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 Deputy General Counsel for the U.S.
Department of Transportation 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 February 4, 2005.
Norman Y. Mineta,
Secretary.
[FR Doc. 05-2755 Filed 2-11-05; 8:45 am]
BILLING CODE 4910-62-P