[Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17505]


[[Page Unknown]]

[Federal Register: July 19, 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: Final rule.

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SUMMARY: The Service issues 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 
technical amendment updates the edition of the Live Animals Regulations 
(LAR) published by the International Air Transport Association (IATA), 
that is incorporated by reference. This action 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.

EFFECTIVE DATE: This final rule is effective on July 19, 1994.

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 LAR of the IATA, 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 final rule 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. On March 17, 1994, the Service published in the 
Federal Register (59 FR 12578) a proposed rule to implement this 
technical amendment to the IATA regulations. The Service received no 
comments on this proposed rule. The 20th edition of the LAR is the only 
edition of the LAR that is currently available to the public. 
Therefore, the Service has determined that this final rule can be 
effective upon publication in the Federal Register.

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

    The Department has determined that the revision to 50 CFR Part 14 
has not been reviewed by the Office of Management and Budget under 
Executive Order 12866. This final rule 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. This revision to 
Part 14 does not 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 final rule is Mark Phillips, Office of 
Management Authority, U.S. Fish and Wildlife Service, Washington, D.C. 
20240 (703/358-2093).

List of Subjects in 50 CFR Part 14

    Exports, Imports, Incorporation by reference, Labeling, Reporting 
requirements, Transportation, and wildlife.

Final Regulation Promulgation

    Accordingly, part 14 of Chapter I of Title 50 of the Code of 
Federal Regulations is amended 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: June 30, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-17505 Filed 7-18-94; 8:45 am]
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