94-17505. Humane and Healthful Transport of Wild Mammals and Birds to the United States  

  • [Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-17505]
    
    
    [[Page Unknown]]
    
    [Federal Register: July 19, 1994]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    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.
    
    -----------------------------------------------------------------------
    
    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]
    BILLING CODE 4310-55-M
    
    
    

Document Information

Effective Date:
7/19/1994
Published:
07/19/1994
Department:
Fish and Wildlife Service
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-17505
Dates:
This final rule is effective on July 19, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: July 19, 1994
RINs:
1018-AB22
CFR: (1)
50 CFR 14.106