Humane and Healthful Transport of Wild Mammals and Birds to the United States

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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