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: Proposed rule.

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SUMMARY: The Service proposes to make 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 proposed technical amendment updates the edition of the Live

Animals Regulations published by the International Air Transport

Association that is incorporated by reference. This proposal 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.

DATES: The Service will consider comments received by April 1, 1994 in

formulating a final rule.

ADDRESSES: Comments and information should be sent to Director, U.S.

Fish and Wildlife Service, c/o Office of Management Authority, 4401 N.

Fairfax Drive, room 420C, Arlington, VA 22203.

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 Live Animal Regulations (LAR) of

the International Air Transport Association, 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 proposal 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.

Executive Orders 12866, 12612, and 12630 and the Regulatory

Flexibility Act

This document is not subject to Office of Management and Budget

review under Executive Order 12866. This proposed revision 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.

The revision to Part 14 certified not to 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 proposed rule is Dr. Susan S. Lieberman, Office

of Management Authority, U.S. Fish and Wildlife Service, Washington,

D.C. 20240 (703/358-2095).

List of Subjects in 50 CFR Part 14

Exports, Imports, Incorporation by Reference, Labeling, Reporting

requirements, Transportation and Wildlife.

Proposed Regulation Promulgation

Accordingly, it is proposed to amend part 14 of chapter I of title

50 of the Code of Federal Regulations 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: February 26, 1994.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-5950 Filed 3-16-94; 8:45 am]

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