[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5950]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018-AB22

 

Humane and Healthful Transport of Wild Mammals and Birds to the 
United States

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Service proposes to make a technical amendment to 
regulations published on June 17, 1992, pertaining to the humane and 
healthful transport of wild mammals and birds to the United States. 
This proposed technical amendment updates the edition of the Live 
Animals Regulations published by the International Air Transport 
Association that is incorporated by reference. This proposal to 
incorporate by reference the 20th edition of the International Air 
Transport Association Live Animals Regulations is for the convenience 
of the public and in order to facilitate consistency and 
enforceability.

DATES: The Service will consider comments received by April 1, 1994 in 
formulating a final rule.

ADDRESSES: Comments and information should be sent to Director, U.S. 
Fish and Wildlife Service, c/o Office of Management Authority, 4401 N. 
Fairfax Drive, room 420C, Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Mr. Marshall P. Jones, Chief, Office 
of Management Authority, U.S. Fish and Wildlife Service, 4401 N. 
Fairfax Dr., room 432, Arlington, VA 22203, telephone (703) 358-2093.

SUPPLEMENTARY INFORMATION: On June 17, 1992, the U.S. Fish and Wildlife 
Service (Service) published a final rule (57 FR 27094) amending 
regulations pertaining to the humane and healthful transport of wild 
mammals and birds to the United States. That rule became effective 
September 15, 1992. That rule, 50 CFR part 14 subpart J, incorporates 
by reference the 18th edition of the Live Animal Regulations (LAR) of 
the International Air Transport Association, such that all primary 
enclosures used to transport live wild mammals or birds to the United 
States are required to comply with the Container Requirements of the 
18th LAR. Since the publication of the final rule, IATA has published 
the 20th edition of the LAR, effective October 1, 1993. The 20th LAR 
contains no major substantive differences from the 18th LAR, but does 
clarify some of the Container Requirements. When the public orders the 
LAR from IATA, they can only obtain the 20th edition. If the public 
complies with the 20th LAR, they will satisfy all of the requirements 
of the final rule for the Humane and Healthful Transport of Wild 
Mammals and Birds (50 CFR part 14). This proposal to incorporate by 
reference the 20th edition of the LAR is therefore for the convenience 
of the public and in order to facilitate consistency and 
enforceability.

Executive Orders 12866, 12612, and 12630 and the Regulatory 
Flexibility Act

    This document is not subject to Office of Management and Budget 
review under Executive Order 12866. This proposed revision is a 
technical amendment that allows the regulation to conform with the 
current edition of a publication that has been incorporated by 
reference, which will make compliance and enforcement more practical 
and efficient. Also, this current action is not expected to have 
significant taking implications, as per Executive Order 12630, since 
compliance with the revised regulations will have neither greater nor 
lesser effect on constitutionally protected individual property rights. 
The revision to Part 14 certified not to have a significant economic 
effect on a substantial number of small entities as described by the 
Regulatory Flexibility Act. Small entities are already required to 
comply with the current regulations and the 18th edition of the IATA 
Live Animals Regulations. It is expected that the revisions would 
reduce the burden on small entities by adopting the current edition of 
the industry guidelines rather than imposing a requirement for an 
outdated version. Since the rule applies to importations of live 
wildlife into the United States, it does not contain any Federalism 
impacts as described in Executive Order 12612.

Author

    The author of this proposed rule is Dr. Susan S. Lieberman, Office 
of Management Authority, U.S. Fish and Wildlife Service, Washington, 
D.C. 20240 (703/358-2095).

List of Subjects in 50 CFR Part 14

    Exports, Imports, Incorporation by Reference, Labeling, Reporting 
requirements, Transportation and Wildlife.

Proposed Regulation Promulgation

    Accordingly, it is proposed to amend part 14 of chapter I of title 
50 of the Code of Federal Regulations as follows:

PART 14--[AMENDED]

    1. The authority citation for part 14 continues to read as follows:

    Authority: 18 U.S.C. 42(c); 16 U.S.C. 3371-3378; 16 U.S.C. 
1538(d)-(f), 1540(f); 16 U.S.C. 1382; 16 U.S.C. 705, 712; 31 U.S.C. 
483(a).

    2. Section 14.106 is amended by revising the first sentence of 
paragraph (a) to read as follows:

Sec. 14.106  Primary enclosures.

* * * * *
    (a) The Container Requirements of the Live Animal Regulations 
(LAR), 20th edition, October 1, 1993, published by the International 
Air Transport Association (IATA) shall be complied with by all parties 
transporting wild mammals or birds to the United States. * * *
* * * * *
    Dated: February 26, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-5950 Filed 3-16-94; 8:45 am]
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