[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Rules and Regulations]
[Pages 7392-7394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2755]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 119

Office of the Secretary

14 CFR Part 234

[Docket No. OST-2005-20331]
RIN 2105-AD48


Reports by Carriers on Incidents Involving Animals During Air 
Transport

AGENCIES: Federal Aviation Administration, Office of the Secretary, 
Department of Transportation.

ACTION: Final rule.

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SUMMARY: The Department of Transportation (Department or DOT) is making 
a technical change to the August 11, 2003, final rule implementing 
section 710 of the Wendell H. Ford Aviation Investment and Reform Act 
for the 21st Century (AIR-21) to require the reporting airlines to 
submit the required information on the loss, injury, or death of an 
animal during air transport to DOT's Aviation Consumer Protection 
Division rather than the Animal and Plant Health Inspection Service 
(APHIS) of the United States Department of Agriculture (USDA) and, 
accordingly, is

[[Page 7393]]

making the rule part of DOT's economic regulations.

DATES: This rule becomes effective March 16, 2005.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Supervisory Trial 
Attorney, Office of the Assistant General Counsel for Aviation 
Enforcement and Proceedings, Office of the General Counsel, 400 7th 
Street, SW., Room 10424, Washington, DC 20590, 202-366-9342 (voice), 
202-366-7153 (fax), or [email protected] (e-mail).

SUPPLEMENTARY INFORMATION: On August 11, 2003, the Department, through 
its Federal Aviation Administration (FAA), issued a final rule 
implementing section 710 of AIR-21 requiring air carriers that provide 
scheduled passenger air transportation to submit a monthly report to 
USDA's APHIS on any incident involving the loss, injury or death of an 
animal during air transportation provided by the air carrier (68 FR 
47798). Under the rule, the reports would then be shared with DOT, 
which would publish the data, as required by AIR-21, in a format 
similar to the manner in which it publishes consumer complaints and 
incident reports. However, issues arose regarding whether APHIS had the 
capability to accept such information directly from the carriers and 
pass it on to DOT. In order to resolve any such issues, the Department 
has decided to make a technical change in the rule so that airlines 
will submit the required information directly to DOT's Aviation 
Consumer Protection Division (ACPD), rather than APHIS. The ACPD will 
then publish the required data on animal transport and share the data 
with APHIS. This OST final rule amends the August 11, 2003, final rule 
accordingly. Finally, as a technical matter, the rule is being 
relocated from 14 CFR Chapter I to 14 CFR Chapter II where other 
requirements overseen by ACPD are located.
    It is important to note that this rule does not change the type and 
manner of information that air carriers must submit but simply 
designates DOT's ACPD as the office that would receive the monthly 
reports directly from air carriers on the loss, injury or death of an 
animal during air transport. The information required to be submitted 
to the ACPD should be sent preferably in Word format via e-mail to 
[email protected] or to the following address: Aviation 
Consumer Protection Division, Room 4107, U.S. Department of 
Transportation, 400 7th Street, SW., Washington, DC 20590.

Regulatory Analysis and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This rulemaking is not ``significant'' under Executive Order 12866 
or the Department of Transportation Regulatory Policies and Procedures 
and was not reviewed by the Office of Management and Budget. Because 
this rule merely changes where information should be filed, there are 
no costs associated with this rule.

B. Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not adopt any regulation that (1) has substantial 
direct effects on the States, the relationship between the national 
government and the States, or the distribution of power and 
responsibilities among the various levels of government; (2) imposes 
substantial direct compliance costs on State and local governments; or 
(3) preempts State law. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.

C. Executive Order 13084

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13084 do not apply.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. This rule 
will have no costs because it merely changes where the reports will be 
filed. We hereby certify this final rule will not have a significant 
economic impact on a substantial number of small businesses.

E. Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995, DOT has 
submitted the Information Collection Requests (ICRs) abstracted below 
to the Office of Management and Budget (OMB). Before OMB decides 
whether to approve these proposed collections of information and issue 
a control number, the public must be provided 30 days to comment. 
Organizations and individuals desiring to submit comments on the 
collection of information requirements should direct them to the Office 
of Management and Budget, Attention: Desk Officer for the Office of the 
Secretary of Transportation, Office of Information and Regulatory 
Affairs, Washington, DC 20503, and should also send a copy of their 
comments to: Department of Transportation, Aviation Enforcement and 
Proceedings, Office of the General Counsel, 400 7th Street, SW., Room 
4116, Washington, DC 20590. OMB is required to make a decision 
concerning the collection of information requirements contained in this 
rule between 30 and 60 days after publication of this document in the 
Federal Register. Therefore, a comment to OMB is best assured of having 
its full effect if OMB receives it within 30 days of publication.
    We will respond to any OMB or public comments on the information 
collection requirements contained in this rule. OST may not impose a 
penalty on persons for violating information collection requirements 
which do not display a current OMB control number, if required. OST 
intends to obtain current OMB control numbers for any new information 
collection requirements resulting from this rulemaking action. The OMB 
control number, when assigned, will be announced by separate notice in 
the Federal Register.
    The ICRs were previously published in the Federal Register (68 FR 
47627). Neither the assumptions upon which these calculations are based 
nor the information collection burden hours have changed. The title, 
description, respondent description of the information collections and 
the annual recordkeeping and periodic reporting burden are stated 
below.
    Title: Reports by Carriers on Incidents Involving Animals During 
Air Transport.
    Type of Request: New Collection.
    Description: Congress mandated this rule as part of Public Law 106-
810, to require air carriers to track and report incidents of loss, 
injury, or death of a pet during transport. The information gathered 
and reported by the air carriers will provide the public with valuable 
information when choosing an air carrier to use when traveling with a 
pet.
    Respondents: Air Carriers that transport pets--30 Transport Air 
Carriers.

[[Page 7394]]

    Frequency: 12 reports to DOT per year for each respondent.
    Estimated Annual Burden Hours: An estimated 360 hours annually.

F. Unfunded Mandates Reform Act

    The Department has determined that the requirements of Title II of 
the Unfunded Mandates Reform Act of 1995 do not apply to this 
rulemaking.

G. 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. The statute 
also requires consideration of international standards and where 
appropriate, that they be the basis for U.S. standards. In addition, 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, 
OST 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.

H. 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). We have determined that the final rule is not 
a major regulatory action under the provisions of the EPCA.

List of Subjects

14 CFR Part 119

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

14 CFR Part 234

    Air carriers, Consumer protection, Reporting and recordkeeping 
requirements.

0
For the reasons set forth in the preamble, 14 CFR chapters I and II are 
amended as follows:

Chapter I--Federal Aviation Administration, Department of 
Transportation

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

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


Sec.  119.72  [Removed]

0
2. Section 119.72 is removed.

Chapter II--Office of the Secretary, Department of Transportation

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

0
3. The authority citation for Part 234 is revised to read as follows:

    Authority: 49 U.S.C. 329 and chapters 401 and 417.


0
4. Section 234.13 is added to read as follows:


Sec.  234.13  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 United States Department of 
Transportation's Aviation Consumer Protection Division 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 Deputy General Counsel for the U.S. 
Department of Transportation 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 February 4, 2005.
Norman Y. Mineta,
Secretary.
[FR Doc. 05-2755 Filed 2-11-05; 8:45 am]
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