[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Proposed Rules]
[Pages 61238-61240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24127]



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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; Proposed Rule

  Federal Register / Vol. 67, No. 188 / Friday, September 27, 2002 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 119

[Docket No. FAA-2002-13378; Notice No. 02-14]
RIN 2120-AH55


Reports by Carriers on Incidents Involving Animals During Air 
Transport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action implements Section 710 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: Send your comments on or before October 28, 2002.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
2002-13378 at the beginning of your comments, and your should submit 
two copies of your comments. If you wish to receive confirmation that 
FAA received your comments, include a self-addressed, stamped postcard.
    You may also submit comments through the Internet to http://dms.dot.gov. You may review the public docket containing comments to 
these proposed regulations in person in the Dockets Office between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
Dockets Office is on the plaza level of the NASSIF Building at the 
Department of Transportation at the above address. Also, you may review 
public dockets on the Internet at http://dms.dot.gov.

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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed action by submitting such written data, views, or arguments as 
they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from adopting the 
proposals in this document also are invited. Substantive comments 
should be accompanied by cost estimates. Comments must identify the 
regulatory docket or notice number and be submitted in duplicate to the 
DOT Rules Docket address specified above.
    All comments received, as well as a report summarizing each 
substantive public contact with DOT personnel concerning this proposed 
rulemaking, will be filed in the docket. The docket is available for 
public inspection before and after the comment closing date.
    All comments received, on or before the closing date, will be 
considered by FAA before taking action on this proposed rulemaking. 
Comments filed late will be considered as far as possible without 
incurring expense or delay. The proposals in this document may be 
changed in light of the comments received.
    Commenters wishing FAA to acknowledge receipt of their comments 
submitted in response to this document must include a pre-addressed, 
stamped postcard with those comments on which the following statement 
is made: ``Comments to Docket No. FAA-2002-13378.'' The postcard will 
be date stamped and mailed to the commenter.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) Web page (http://dms.dot.gov/search).
    (2) On the search page type in the last four digits of the Docket 
number shown at the beginning of this notice. Click on ``search.''
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, click on the document number of the item 
you wish to view.

Background

    Section 710 of AIR-21 (Public Law 106-181) added section 41721 to 
chapter 417 of Title 49 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.

General Discussion of the Proposals

    This action will amend 14 CFR part 119 to establish the requirement 
that air carriers submit monthly reports on the loss, injury or death 
of an animal during air transport to the Secretary of Transportation, 
through APHIS; and specify the type and manner of information that air 
carriers must submit to APHIS in order to comply with Section 41721(a). 
APHIS will process the reports and forward the relevant information to 
the Office of Aviation Enforcement and Proceedings (OAEP) for 
publication on a monthly basis in the Air Travel Consumer Report.

Section-by-Section Discussion of the Proposals

    Section 119.72(a) establishes that all air carriers that provide 
scheduled passenger air transportation must submit reports to APHIS 
within 15 days of the end of the month to which the information applies 
in order to comply with the animal incident reporting requirement of 
AIR-21.
    Section 119.72(b) specifies the minimal information that air 
carriers must report, and vests APHIS with the authority to establish 
the form and manner for filing the reports.
    Section 119.72(c) clarifies the meaning of the term ``air 
transport'' by incorporating the statutory definition contained in AIR-
21, and defines ``animal'' to mean any warm or cold-blooded pet.

Paperwork Reduction Act

    This proposal contains a new information collection requirement. As 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), 
the Department of Transportation has submitted the information 
requirements associated with this proposal to the Office of Management 
and Budget for its review.
    Title: Reports by Carriers on Incidents Involving Animals During 
Air Transport.

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    Summary: This proposal implements the requirement that air carriers 
report on incidents involving the loss, injury or death of an animal 
during air transport, as mandated by Section 710 of Public Law 106-181, 
the Wendell H. Ford Aviation Investment and Reform Act for the 21st 
Century (AIR-21).
    Use of: This proposal will support the information needs of the 
Office of Aviation Enforce and Proceedings (OAEP), Department of 
Transportation, and the Animal & Plant Health Inspection Service 
(APHIS), Department Agriculture. The information will be published by 
OAEP on a monthly basis in the Air Travel Consumer Report after it has 
been processed by the Animal & Plant Health Inspection Service, United 
States Department of Agriculture.
    Respondents (including number of): The likely respondents to this 
proposed information requirement are air carriers who provided 
scheduled passenger air transportation; approximately 40.
    Frequency: The reports will be submitted on a monthly basis.
    Annual Burden Estimate: This proposal would result in no 
significant annual recordkeeping or reporting burden because the air 
carriers covered by the reporting requirements are currently required 
to submit similar reports to the Bureau of Transportation Statistics, 
Department of Transportation. In addition, only carriers that are 
actually involved in an animal incident will have to file a report.
    The agency is soliciting comments to--
    (1) evaluate whether the proposed information requirement is 
necessary for the proper implementation of Section 710 of AIR-21;
    (2) evaluate the accuracy of the Agency's estimate of the burden;
    (3) enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Individuals and organizations may submit comments on the 
information collection requirement by October 28, 2002, and should 
direct them to the address listed in the ADDRESSES section of the 
document. Comments also should be submitted to the Office of 
Information and Regulatory Affairs, OMB, New Executive Building, Room 
10202, 725 17th Street, NW., Washington, DC 20053, Attention: Desk 
Officer for the Federal Aviation Administration, DOT.
    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.
    Executive Order 12866, Regulatory Planning and Review, directs FAA 
to assess both the costs and benefits of a regulatory change. FAA is 
not allowed to propose or adopt a regulation unless it makes a reasoned 
determination that the benefits of the intended regulation justify the 
costs. FAA's assessment of this rulemaking indicates that its economic 
impact is minimal. Since its costs and benefits do not make it a 
``significant regulatory action'' as defined in the Order, FAA has not 
prepared a ``regulatory evaluation'' which is the written cost/benefit 
analysis ordinarily required for all rulemaking under the DOT 
Regulatory Policies and Procedures. The latter analysis is unnecessary 
where the economic impact of a rule is minimal.

Economic Evaluation, 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 that each 
Federal agency propose or adopt a regulation only upon a 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. section 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. And fourth, 
the Unfunded Mandates Reform Act of 1995 (Public Law 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 private sector, of $100 million or 
more annually (adjusted for inflation).
    In conducting these analysis, FAA has determined this rule (1) has 
benefits which do 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 impact on a substantial number of small 
entities; (3) will not affect 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 Act

    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 proposed rule imposes an insignificant reporting requirement 
on air carrier; 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 to 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.

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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, or by the private sector; such a mandate is deemed to be a 
``significant regulatory action.''
    This notice 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

    FAA analyzed this proposed rule under the principles and criteria 
of Executive Order 13132, Federalism. It determined that this action 
would not have a substantial direct effect on the States, on the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, FAA has concluded that this notice of proposed 
rulemaking does not have federalism implications.

Energy Impact

    The energy impact of the notice has been assessed in accordance 
with the Energy Policy and Conservation Act (EPCA), Public Law 94-163, 
as amended (42 U.S.C. 6362). FAA has been determined that the notice is 
not a major regulatory action under the provisions of the EPCA.

List of Subjects in 14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft, 
Animal incidents, Aviation safety, Charter flights, Reporting and 
recordkeeping requirements.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend Chapter I of Title 14, Code of Federal 
Regulations, as follows:

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

    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, 44772, 44901, 44903, 44904, 
44906, 44912, 44914, 44936, 44938, 46103, 46105.

    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 and 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 and 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, or is being transported for the purpose of being sold as 
a pet in a family household in the United States.

    Issued in Washington, DC, on September 17, 2002.
James W. Whitlow,
Deputy Chief Counsel.
[FR Doc. 02-24127 Filed 9-26-02; 8:45 am]
BILLING CODE 4910-13-M