[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Rules and Regulations]
[Pages 47798-47800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20282]



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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; Final Rule

  Federal Register / Vol. 68, No. 154 / Monday, August 11, 2003 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 119

[Docket No. FAA-2002-13378; Amendment No. 119-9]
RIN 2120-AH69


Reports by Carriers on Incidents Involving Animals During Air 
Transport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule implements section 710 of 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: The Office of Management and Budget has not approved the 
information collection contained in these requirements. These 
requirements do not become effective until after the FAA publishes a 
notice of the Office of Management and Budget's approval for this 
information collection.

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:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html. You can also get a copy 
by submitting a request to the Federal Aviation Administration, Office 
of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 
20591, or by calling (202) 267-9680. Make sure to identify the 
amendment number or docket number of this rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; pages 19477-78), or you may visit 
http://dms.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact its local FAA official, or the person listed 
under FOR FURTHER INFORMATION CONTACT. You can find out more about 
SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.htm, or by 
e-mailing us at [email protected].

Background

    Section 710 of AIR-21 (Public Law 106-181) added section 41721 to 
chapter 417 of Title 29 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.
    FAA published a notice of proposed rulemaking (NPRM) on September 
27, 2002 (67 FR 61238) that proposed to comply with section 710 of AIR-
21. On October 18, 2002, in response to requests that interested 
persons submitted to the docket, we extended the comment period to 
December 27, 2002 (67 FR 64330).

What the Final Rule Does

    This final rule implements the rule proposed in the NPRM by 
amending 14 CFR part 119 to require air carriers that provide scheduled 
passenger air transportation to submit monthly reports on the loss, 
injury or death of an animal during air transport to the Secretary of 
Transportation, through APHIS. The rule specifies the type and manner 
of information that air carriers must submit to APHIS to comply with 
Section 41721(a). APHIS will process the reports and forward the 
relevant information to the Office of Aviation Enforcement and 
Proceedings (APE) for monthly publication in the Air Travel Consumer 
Report. The term ``animal'' is limited to an animal that is being kept 
as a pet in a family household in the United States.

Discussion of Comments

    The FAA received approximately 3,760 comments in response to the 
NPRM. Most of the comments were similar. Of the comments supporting the 
action proposed in the NPRM, most of the comments urged the FAA to 
expand the reporting requirement to cover all animals that are 
transported by air, not just household pets of U.S. families. Those who 
opposed the proposed rule were typically concerned that the rule would 
increase shipping costs for animals or reduce the shipping options 
available, and that the definition of ``animal'' should be limited to 
animals being kept as a pet in a family household in the United States, 
but not include animals being transported for the purpose of being sold 
as a pet in a family household in the United States.
    FAA Response:

Definition of ``Animal''

    After reviewing the comments, the text of Section 710 and its 
legislative history, the FAA has concluded that the intent of the 
legislation was to require reporting of incidents involving pets 
presented by passengers to scheduled passenger air carriers for 
transport on commercial flights. This conclusion is consistent with the 
limitation of Section 41721(a) to ``[a]n air carrier that provides 
scheduled passenger air transportation'' and the fact that Section 
41721(d) directs the Secretary of Transportation to publish data on the 
incidents ``in a manner comparable to other consumer complaint and 
incident data.'' (Emphasis added). The Conference Report for P. L. 106-
181 indicates that Section 710 was adopted instead of the Senate 
amendment so that airlines could continue to carry animals while 
information is collected that Congress can use to determine whether 
there is a problem that warrants stronger legislative remedies. See 
House Report 106-513, page 197. In the meantime, Congress directed DOT:

to work with airlines to improve the training of employees so that 
(1) they will be better able to ensure the safety of animals being

[[Page 47799]]

flown and (2) they will be better able to explain to passengers the 
conditions under which their pets are being carried. People should 
know that their pets might be in a cargo hold that may not be air-
conditioned or may differ from the passenger cabin in other 
respects. (Emphasis added)
Id., page 198.

    In consideration of the above, Section 119.72(c)(2) shall read:
    ``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.''

Cost of Shipping Animals by Air and Availability of Shipping Options

    The reporting requirement was established by Congress in Section 
710, not by FAA through implementation of this rule; therefore, the 
cost of compliance with the reporting requirement is the result of the 
statute, not this rule. More importantly, though, because the rule will 
only require reports to be filed when an incident occurs, and only with 
respect to the transportation of pets, the economic impact of this rule 
should be minimal, and will neither raise the cost of shipping animals 
by air nor affect the availability of shipping options.

Paperwork Reduction Act

    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.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and the benefits of a regulatory change. 
The FAA is not allowed to propose or adopt a regulation without making 
a reasoned determination that the benefits of the intended regulation 
justify its costs. FAA's assessment of this rulemaking indicates that 
its economic impact is minimal. The reporting requirement was 
established by statute, not this rule; however, the cost of compliance 
will be minimal because the rule will require reports to be filed only 
after an incident occurs, and only with respect to the transportation 
of pets. Because the costs and benefits of this action do not make it a 
``significant regulatory action'' as defined in the Order, FAA has not 
prepared a ``regulatory impact analysis.'' Similarly, FAA has not 
prepared a full ``regulatory evaluation,'' which is not required when 
the economic impact of a rule is minimal.

Economic Assessment, 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 each Federal 
agency to propose or adopt a regulation only upon a reasoned 
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. Sec. Sec.  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. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 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 the private 
sector, of $100 million or more annually (adjusted for inflation.)
    In conducting these analyses, FAA has determined this rule (1) has 
benefits that 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 economic impact on a substantial number 
of small entities; (3) will not create 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 Determination

    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 final action imposes an insignificant reporting requirement on 
air carriers; 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 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.

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,

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

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency has 
determined that this action will not have a substantial direct effect 
on the States, or the relationship between the national Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, and therefore does not have 
federalism implications.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this rulemaking action qualifies for a 
categorical exclusion.

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) and FAA Order 1053.1. FAA has determined that 
the final rule is not a major regulatory action under the provisions of 
the EPCA.

List of Subjects in 14 CFR Part 119

    Air Carrier, Animal Incidents, Reporting Requirements.

The Amendment

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

PART 119--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

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, 
41721, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 
44906, 44912, 44914, 44936, 44938, 46103, 46105.


0
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 & 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 & 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.

    Issued in Washington, DC, on August 4, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-20282 Filed 8-8-03; 8:45 am]
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