[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Rules and Regulations]
[Pages 58575-58577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25788]



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  Federal Register / Vol. 68, No. 197 / Friday, October 10, 2003 / 
Rules and Regulations  

[[Page 58575]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Parts 1, 2, and 3

[Docket No. 02-012-1]
RIN 0579-AB51


Animal Welfare; Transportation of Animals on Foreign Air Carriers

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Determination to regulate and request for comments.

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SUMMARY: In this document, we are giving notice of, and requesting 
comment on, our intent to begin applying the Animal Welfare Act (AWA) 
regulations and standards for the humane transportation of animals in 
commerce to all foreign air carriers operating to or from any point 
within the United States, its territories, possessions, or the District 
of Columbia. While these AWA regulations and standards have been 
enforced on U.S. air carriers, foreign air carriers, as a matter of 
policy, have not been asked to comply with the regulations, although 
some have done so voluntarily. Our determination to begin regulating 
foreign air carriers will ensure that any animal covered by the AWA, 
whether coming into, traveling from point to point in, or leaving the 
United States, its territories, possessions, or the District of 
Columbia, will be provided the protection of the AWA regulations and 
standards. We intend to begin applying these AWA regulations and 
standards unless substantial issues bearing on the effects of this 
action are brought to our attention.

DATES: This determination to regulate will be effective on April 7, 
2004, unless we receive comments raising substantial issues bearing on 
the effects of this action by December 9, 2003 (see ``Effective Date 
and Request for Comments'' under SUPPLEMENTARY INFORMATION).

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-012-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-012-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-012-1'' on the subject line.
    You may read any comments that we receive in our reading room. The 
reading room is located in room 1141 of the USDA South Building, 14th 
Street and Independence Avenue, SW., Washington, DC. Normal reading 
room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except 
holidays. To be sure someone is there to help you, please call (202) 
690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Veterinary 
Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84, 
Riverdale, MD 20737-1236; (301) 734-7586.

SUPPLEMENTARY INFORMATION:

Background

    The Animal Welfare regulations contained in 9 CFR chapter I, 
subchapter A, part 3 (referred to below as ``the regulations'') provide 
standards for the humane handling, care, treatment, and transportation, 
by regulated entities, of animals covered by the Animal Welfare Act 
(AWA, 7 U.S.C. 2131 et seq.). The regulations in part 3 are divided 
into six subparts, designated as subparts A through F, each of which 
contains facility and operating standards, animal health and husbandry 
standards, and transportation standards for a specific category of 
animals. These subparts consist of the following: Subpart A--dogs and 
cats; subpart B--guinea pigs and hamsters; subpart C--rabbits; subpart 
D--nonhuman primates; subpart E--marine mammals; and subpart F--
warmblooded animals other than dogs, cats, rabbits, hamsters, guinea 
pigs, nonhuman primates, and marine mammals. Transportation standards 
for dogs and cats are contained in Sec. Sec.  3.13 through 3.19; for 
guinea pigs and hamsters, in Sec. Sec.  3.35 through 3.41; for rabbits, 
in Sec. Sec.  3.60 through 3.66; for nonhuman primates, in Sec. Sec.  
3.86 through 3.92; for marine mammals, in Sec. Sec.  3.112 through 
3.118; and for all other warmblooded animals, in Sec. Sec.  3.136 
through 3.142.
    A carrier is defined in Sec.  1.1 as ``the operator of any airline, 
railroad, motor carrier, shipping line, or other enterprise which is 
engaged in the business of transporting animals for hire.''
    While the Animal Care unit of the U.S. Department of Agriculture's 
(USDA's) Animal and Plant Health Inspection Service (APHIS) currently 
enforces the AWA regulations and standards on U.S. air carriers, 
foreign air carriers (as defined in 49 U.S.C 40102) operating in the 
United States have not been regulated as a matter of policy. We believe 
that animals being transported by foreign air carriers operating to or 
from any point within the United States, its territories, possessions, 
or the District of Columbia should be afforded the same protection 
under the AWA as if they were being transported by U.S. air carriers. 
This determination to regulate gives notice that APHIS intends to begin 
applying the AWA transportation regulations and standards to all 
foreign air carriers operating to or from any point within the United 
States, its territories, possessions, or the District of Columbia.
    There are approximately 517 foreign air carriers which hold 
currently effective economic authority from the U.S. Department of 
Transportation to conduct operations in foreign air transportation to 
and from the United States. In order to ensure the widest possible 
notice of our determination to begin applying AWA regulations and 
standards on foreign air carriers, we intend to mail these carriers 
copies of this notice. In this way, the airlines will

[[Page 58576]]

be informed that, beginning 180 days after the publication of this 
determination to regulate, they will be subject to the transportation 
regulations and standards of the AWA while in the United States, its 
territories, possessions, or the District of Columbia. Also, copies of 
this notice will be sent to trade organizations involved with air 
transportation of animals, such as the Animal Transportation 
Association, Air Transport Association, and International Air 
Transportation Association (IATA), with a request that copies be 
included in newsletters they send to their members. These organizations 
have been consulted with regard to this determination to regulate, and 
we have been coordinating with them on a regular basis.

Effective Date and Request for Comments

    Although we have been consulting and coordinating with the trade 
organizations cited above and, by extension, their member airlines, we 
believe it is appropriate to provide an opportunity for affected 
entities to comment prior to this determination to regulate becoming 
effective. Therefore, we are soliciting comments on this determination 
to regulate for a period of 60 days. If, through the comments we 
receive, substantial issues bearing on the effects of this action are 
brought to our attention, we will publish a notice in the Federal 
Register prior to the effective date of this determination to regulate 
to inform the public as to what action we will be taking to address 
those issues. Conversely, if the comments we receive yield no 
substantial issues, we will publish a notice in the Federal Register 
confirming the effective date.

Effects of This Determination to Regulate

    Within 180 days after publication of this notice, each foreign air 
carrier will need to complete an AWA registration form pursuant to 
Sec.  2.25 of the AWA regulations, which may be obtained by calling the 
APHIS Animal Care Western Regional Office at (970) 494-7478 or the 
Eastern Regional Office at (919) 716-5532. Registered foreign air 
carriers will need to provide Animal Care with a U.S. business address 
or the address of an agent where the records required to be kept 
pursuant to the AWA regulations will be available for inspection. 
Animal Care inspectors will conduct unannounced inspections of the 
overall health and condition of the animals being transported, their 
enclosures, environmental factors, and required records upon the 
foreign air carrier's arrival within the United States, its 
territories, possessions, or the District of Columbia. Carriers that 
violate the AWA by failing to meet the AWA transportation regulations 
and standards are subject to fines and/or penalties.
    We believe that the 180-day delay in the effective date of applying 
AWA regulations and standards to the operations of foreign air carriers 
should allow adequate time for them to become familiar with the 
provisions of the AWA and the AWA transportation regulations and 
standards and to make any necessary changes in procedure. Many foreign 
air carriers are members of the IATA and may already be in compliance 
with most of the physical requirements of the regulations and standards 
of the AWA. The IATA regulations generally meet or exceed the intent of 
the AWA in ensuring the humane and safe transportation of animals, but 
diverge from the USDA regulations primarily in their recordkeeping 
requirements. Under this determination to regulate, where such 
divergences exist, the AWA regulations will take precedence.
    This action will require foreign air carriers operating to or from 
any point within the United States, its territories, possessions, or 
the District of Columbia to meet certain requirements of the AWA 
transportation regulations and standards that are not contained in the 
IATA regulations. For example, various sections of the transportation 
standards in 9 CFR part 3 require that no live animals can be presented 
to a carrier more than 4 hours before the scheduled departure time of 
the flight on which the animal is to be transported. With prior 
arrangements, this time may be extended to 6 hours. The IATA 
regulations contain no such provision. Various sections of the 
transportation standards in 9 CFR part 3 also have specific primary 
enclosure requirements which differ from those of the IATA. Most often, 
the IATA space requirements for animals are consistent with the AWA 
requirements, but with at least one species--the guinea pig--the space 
requirements are not consistent with the AWA requirements. Various 
sections of the transportation standards in 9 CFR part 3 also have 
minimum and maximum temperature requirements for holding areas for 
animals in transit (usually 45 or 50 [deg]F to 85 [deg]F). The IATA 
regulations, in contrast, do not mandate minimum or maximum 
temperatures. Instead, guidelines are offered for acceptable 
temperature ranges for various species in transport.
    In addition to the physical requirements, foreign air carriers 
operating to or from any point within the United States, its 
territories, possessions, or the District of Columbia, will have to 
meet recordkeeping requirements set out in the AWA regulations. Records 
that foreign air carriers will have to keep and maintain include a copy 
of the consignor's written guarantee of payment for transportation for 
C.O.D. shipments, a shipping document, and an animal health certificate 
executed and issued by a licensed veterinarian. In addition, depending 
on the species, the AWA regulations may require that instructions for 
the administration of drugs, medication, other special care, food, and 
water, as well as other shipping documents, be attached to the outside 
of the animal's primary enclosure.
    This determination to regulate will not necessitate any changes to 
the current AWA transportation regulations or standards but will 
increase Animal Care's inspection activities. The increased burden on 
Animal Care is not likely to be significant, however, because Animal 
Care inspectors already perform inspections at the airports that 
foreign air carriers use.
    This determination to regulate will ensure that any animal covered 
by the AWA, whether coming into, traveling from point to point in, or 
leaving the United States, its territories, possessions, or the 
District of Columbia, will be provided the protection of the AWA 
regulations and standards.
    Therefore, unless substantial issues bearing on the effects of this 
action are brought to our attention, APHIS intends to begin applying 
the AWA transportation regulations and standards to foreign air 
carriers operating to or from any point within the United States, its 
territories, possessions, or the District of Columbia 180 days from the 
date of publication in the Federal Register of this notice.

Executive Order 12866 and Regulatory Flexibility Act

    This determination to regulate rule has been reviewed under 
Executive Order 12866. The determination to regulate has been 
determined to be significant for the purposes of Executive Order 12866 
and, therefore, has been reviewed by the Office of Management and 
Budget.
    This document gives notice that we intend to begin applying the AWA 
regulations and standards for the humane transportation of animals in 
commerce to all foreign air carriers operating to or from any point 
within the United States, its territories, possessions, or the District 
of Columbia.
    For the reasons discussed earlier in this document, we do not 
expect that there will be any significant economic

[[Page 58577]]

effects on entities affected by this determination to regulate (i.e., 
foreign air carriers and APHIS). We note that many foreign air carriers 
are members of the IATA and observe that organization's regulations 
regarding animal transport, which generally meet or exceed the intent 
of the AWA in ensuring the humane and safe transportation of animals. 
Thus, many foreign air carriers may already be in compliance with most 
of the physical requirements of the regulations and standards of the 
AWA. The primary aspect in which the IATA regulations diverge from the 
USDA regulations is in their recordkeeping requirements; as we note 
below under ``Paperwork Reduction Act, `` we expect that the additional 
time that foreign air carriers will need to expend in order to comply 
with the reporting and recordkeeping requirements of the AWA 
regulations will be minimal. While the routine inspection of foreign 
air carriers will lead to an increased inspection burden on APHIS' 
Animal Care inspectors, that burden is not likely to be significant 
because those inspectors already perform inspections at the airports 
that foreign air carriers use.
    As an alternative to this determination to regulate, we considered 
maintaining the status quo, i.e., continuing with our policy of not 
applying the requirements of the regulations to foreign air carriers. 
While some foreign air carriers voluntarily comply with the regulations 
and many others observe the IATA's regulations regarding animal 
transport, such compliance or observance is not universal. To ensure 
that animals being transported to or from any point within the United 
States, its territories, possessions, or the District of Columbia are 
afforded consistent protection, regardless of whether they are being 
transported by foreign air carriers or U.S. air carriers, we have 
determined that it is necessary to begin applying the AWA 
transportation regulations and standards to all foreign air carriers 
operating to or from any point within the United States, its 
territories, possessions, or the District of Columbia.
    We believe that the small additional costs associated with this 
determination to regulate will be outweighed by the benefits of 
ensuring that animals being transported by foreign air carriers 
operating to or from any point within the United States, its 
territories, possessions, or the District of Columbia are afforded the 
same protection under the AWA as if they were being transported by U.S. 
air carriers.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this determination 
to regulate will not have a significant economic impact on a 
substantial number of small entities.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this determination to regulate 
have been submitted for approval to the Office of Management and Budget 
(OMB). Please send written comments concerning the information 
collection or recordkeeping requirements included in this determination 
to regulate to the Office of Information and Regulatory Affairs, OMB, 
Attention: Desk Officer for APHIS, Washington, DC 20503. Please state 
that your comments refer to Docket No. 02-012-1. Please send a copy of 
your comments to: (1) Docket No. 02-012-1, Regulatory Analysis and 
Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room 
404-W, 14th Street and Independence Avenue, SW., Washington, DC 20250.
    Within 180 days after publication of this determination to 
regulate, every foreign air carrier operating to or from any point 
within the United States, its territories, possessions, or the District 
of Columbia will need to complete a registration form. Registered 
foreign air carriers will also be required to keep and maintain records 
required under the AWA regulations pertaining to animal transport. 
These records may include a copy of the consignor's written guarantee 
of payment for transportation for C.O.D. shipments; a shipping 
document; an animal health certificate executed and issued by a 
licensed veterinarian; and, if needed, an acclimation statement 
indicating that the animal being transported can withstand temperatures 
colder or warmer than the minimums or maximums specified in the 
regulations. In addition, depending on the species, the regulations may 
require that instructions for the administration of drugs, medication, 
other special care, food, and water, as well as other shipping 
documents, be attached to the outside of the animal's primary 
enclosure.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.162037 hours per response.
    Respondents: Foreign air carriers transporting animals covered by 
the Animal Welfare Act.
    Estimated annual number of respondents: 20.
    Estimated annual number of responses per respondent: 54.
    Estimated annual number of responses: 1,080.
    Estimated total annual burden on respondents: 175 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS'' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this interim rule, please contact

    Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7.

    Done in Washington, DC, this 6th day of October, 2003.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 03-25788 Filed 10-9-03; 8:45 am]
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