38744 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Proposed Rules 

passage of time, and (7) why disclosure 

of the information would be contrary to 

the public interest. 

Issued in Washington, DC on June 25, 

2012. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–15987 Filed 6–28–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0689; Directorate 

Identifier 2009–SW–065–AD] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft-Manufactured Model S–64F 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) for 

the Sikorsky Aircraft Corporationmanufactured Model S–64F helicopters, 

now under the Erickson Air-Crane 

Incorporated (Erickson) Model S–64F 

type certificate. That AD currently 

requires inspections, rework, and 

replacement, if necessary, of the main 

gearbox (MGB) second stage lower 

planetary plate (plate). Since we issued 

that AD, the manufacturer has 

conducted a configuration review and 

analysis, and a review of the service 

history of certain components. The 

proposed actions are intended to 

establish life limits for certain 

components, remove various parts from 

service, and require consistency in the 

part numbers of certain four bladed tail 

rotor (T/R) assemblies to prevent fatigue 

cracking, failure from static overload, 

and subsequent loss of control of the 

helicopter. 

DATES: We must receive comments on 

this proposed AD by August 28, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

http://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov or in person at the 

Docket Operations Office between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

economic evaluation, any comments 

received and other information. The 

street address for the Docket Operations 

Office (telephone 800–647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

For service information identified in 

this proposed AD, contact Erickson AirCrane Incorporated, ATTN: Chris 

Erickson/Compliance Officer, 3100 

Willow Springs Rd, P.O. Box 3247, 

Central Point, OR 97502, telephone 

(541) 664–5544, fax (541) 664–2312, 

email address 

cerickson@ericksonaircrane.com. You 

may review a copy of this service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

FOR FURTHER INFORMATION CONTACT: 

Michael Kohner, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Rotorcraft Certification Office, Fort 

Worth, Texas 76137, telephone (817) 

222–5170, email 7-avs-asw-170@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

On May 9, 1997, we issued AD 97– 

10–15, Amendment 39–10028 (62 FR 

28321, May 23, 1997), for the Sikorsky 

Aircraft-manufactured Model S–64F 

helicopters (now under the Erickson 

Model S–64F helicopter type certificate) 

with a plate, P/N 6435–20516–101, with 

2,000 or more hours time-in-service 

(TIS). That AD requires, before the first 

flight of each day, inspecting the MGB 

main oil filter for magnesium 

contamination, and if magnesium 

contamination is present, replacing the 

MGB assembly. That AD also requires 

inspecting the MGB assembly within 

100 hours TIS, and thereafter at 

intervals not to exceed 500 hours TIS, 

and if necessary, replacing the MGB 

assembly. Finally, that AD requires, at 

the next overhaul of the MGB assembly, 

inspecting and reworking the plate. That 

action was prompted by two incidents 

in which the plate was found cracked. 

The requirements of that AD are 

intended to prevent failure of the plate 

due to fatigue cracking, which could 

lead to failure of the MGB and 

subsequent loss of control of the 

helicopter. 

Actions Since Existing AD Was Issued 

Since we issued AD 97–10–15, 

Erickson has performed additional 

analysis as a part of a configuration 

review and has also reviewed the 

service history of certain components. 

Erickson determined that certain lifelimits and other maintenance 

requirements need to be revised, and 

released Erickson Service Bulletin (SB) 

No. 64F General-1, Revision 17, dated 

August 17, 2010 (SB No. 64F General1, Rev. 17). We have reviewed this SB 

and have determined that the retirement 

lives of certain parts need to be revised. 

We have also determined that certain 

parts, including the plate, P/N 6435– 

20516–101, which is the subject of the 

existing AD, should be removed from 

service and should no longer be eligible 

for installation on these helicopters. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 


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develop in other products of the same 

type design. 

Related Service Information 

SB No. 64F General-1, Rev. 17, 

contains the Airworthiness Limitations 

Schedule for the Model S–64F 

helicopter and lists the parts and 

assemblies with their specified 

retirement lives. 

Proposed AD Requirements 

This AD proposes to reduce or 

establish the life limits for certain flightcritical components, remove other parts 

with service difficulties from service, 

and require that T/R blade assembly P/ 

N 65160–00001–048 be installed only as 

a set of four and not be installed with 

another part-numbered blade. The 

requirements in current AD 97–10–15 

would be superseded and the partnumbered planetary plate, which is the 

subject of that AD, would be removed 

from service. This proposed AD would 

require, before further flight, a change in 

the life-limit for the following 

components: 

• Main Rotor (M/R) Blade Assembly, 

P/N 6415–20601–045; 

• Main Transmission Support Beam 

Assembly, LH, P/N 6420–62363–045; 

• Main Transmission Support Beam 

Assembly, RH, P/N 6420–62363–046; 

• Left Splice Fitting (Transition 

Fitting), Rotary, Rudder Boom, P/N 

6420–66341–101; 

• Right Splice Fitting (Transition 

Fitting), Rotary, Rudder Boom, P/N 

6420–66341 102; 

• M/R Drive Shaft, P/N 6435–20536– 

101; 

• Pressure Plate Assembly, Rotary 

Wing Head, P/N 65101–11016–042; 

• Horn and Liner Assembly, P/N 

65102–11047–041; 

• Lower Hub Plate Assembly, P/N 

65103–11009–041; 

• Horizontal Hinge Pin, Rotary Wing 

Head, P/N 65103–11020–103; 

• Damper Bracket Assembly, Rotary 

Wing Head, P/N 65103–11032–043; 

• Hub Subassembly, Rotary Wing, P/ 

N 65103–11310–043; 

• Shaft Assembly, Pitch Control Tail 

Gearbox, P/N 65358–07035–043; and 

• Rod End Assembly, Primary Servo 

Assembly, P/N 65652–11212–041. 

In addition to proposing new or 

revised life limits for certain flightcritical components, this AD also 

proposes to remove the following 

components from service due to service 

difficulties: 

• Spindle Assembly, Rotary Rudder, 

P/N 6410–30302–041; 

• MGB Second Stage Lower Planetary 

Plate, P/N 6435–20516–101 or 6435– 

20516–102; 

• Bracket Assembly, Main Servo, P/N 

6435–20527–041 or 6435–20527–042; 

• Primary Servo Link Assembly, 

Tandem Servo, M/R, P/N 6465–62161– 

042; 

• Shoulder Bolt, T/R, P/N 65111– 

07001–102; and 

• T/R Blade Assembly, P/N 65161– 

00001–041. 

This proposed AD contains only a 

portion of the life-limited parts for this 

model helicopter, and is not an allinclusive list. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 7 helicopters of U.S. 

Registry and estimate, at an average 

labor rate of $85 per hour, the following 

costs for removing from service the parts 

listed in Table 2 of this proposed AD 

action: 

• Reviewing helicopter records to 

determine if an affected part is installed 

will require approximately 2 workhours, for a cost per helicopter of $170 

and a fleet cost of $1,190. 

• Replacing the rotary rudder spindle 

assembly will require 10 work-hours 

and a parts cost of $2,787, for a cost per 

helicopter of $3,637 and a fleet cost of 

$25,459. 

• Replacing the plate will require 40 

work-hours and a parts cost of $43,750, 

for a cost per helicopter of $47,150 and 

a fleet cost of $330,050. 

• Replacing the main servo bracket 

assembly will require 2 work-hours and 

a parts cost of $5,223, for a cost per 

helicopter of $5,393 and a fleet cost of 

$37,751. 

• Replacing the primary servo link 

assembly of the M/R tandem servo will 

require 10 work-hours and a parts cost 

of $14,533, for a cost per helicopter of 

$15,383 and a fleet cost of $107,681. 

• Replacing the T/R shoulder bolt 

will require 10 work-hours and a parts 

cost of $571, for a cost per helicopter of 

$1,421 and a fleet cost of $9,947. 

• Replacing the T/R Blade Assembly 

will require 8 work-hours and a parts 

cost of $125,765 for a cost per helicopter 

of $126,445 and a fleet cost of $885,115. 

• The total cost to replace the parts 

that are proposed to be removed from 

service is estimated to be $199,599 per 

helicopter and a fleet cost of $1,397,193. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed, I certify 

this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska to the extent that it justifies 

making a regulatory distinction; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–10028 (62 FR 

28321, May 23, 1997), and adding the 

following new AD: 


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38746 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Proposed Rules 

ERICKSON AIR–CRANE INCORPORATED: 

Docket No. FAA–2012–0689; Directorate 

Identifier 2009–SW–065–AD. 

(a) Applicability 

This AD applies to Sikorsky Aircraft 

Corporation-manufactured Model S–64F 

helicopters, now under the Erickson AirCrane Incorporated Model S–64F type 

certificate, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as a 

fatigue crack in a flight critical component. 

This condition could result in component 

failure from static overload and subsequent 

loss of control of the helicopter. 

(c) Other Affected ADs 

This AD supersedes AD 97–10–15, 

Amendment 39–10028 (62 FR 28321, May 23, 

1997). 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless 

accomplished previously. 

(e) Required Actions 

(1) Before further flight: 

(i) Remove from service any part with a 

number of hours time-in-service (TIS) equal 

to or greater than the part’s retirement life as 

stated in following Table 1 of this AD. 

TABLE 1—PARTS WITH NEW OR REVISED LIFE LIMITS

Part name Part No. (P/N) Retirement life 

Main Rotor (M/R) Blade Assembly ............................................................................ 6415–20601–045 13,280 hours TIS. 

Main Transmission Support Beam Assembly, LH ..................................................... 6420–62363–045 9,300 hours TIS.

Main Transmission Support Beam Assembly, RH .................................................... 6420–62363–046 9,300 hours TIS. 

Left Splice Fitting (Transition Fitting), Rotary, Rudder Boom ................................... 6420–66341–101 8,300 hours TIS.

Right Splice Fitting (Transition Fitting), Rotary, Rudder Boom ................................. 6420–66341–102 8,300 hours TIS. 

M/R Drive Shaft ......................................................................................................... 6435–20536–101 2,200 hours TIS. 

Pressure Plate Assembly, Rotary Wing Head .......................................................... 65101–11016– 

042 

8,800 hours TIS. 

Horn and Liner Assembly .......................................................................................... 65102–11047– 

041 

1,140 hours TIS. 

Lower Hub Plate Assembly ....................................................................................... 65103–11009– 

041 

15,500 hours TIS. 

Horizontal Hinge Pin, Rotary Wing Head .................................................................. 65103–11020– 

103 

5,100 hours TIS. 

Damper Bracket Assembly, Rotary Wing Head ........................................................ 65103–11032– 

043 

20,000 hours TIS. 

Hub Subassembly, Rotary Wing ............................................................................... 65103–11310– 

043 

21,600 hours TIS. 

Shaft Assembly, Pitch Control Tail Gearbox ............................................................. 65358–07035– 

043 

9,400 hours TIS. 

Rod End Assembly, Primary Servo Assembly .......................................................... 65652–11212– 

041 

20,800 hours TIS. 

Note to Table 1: The list of parts in Table 

1 of this AD contains only a portion of the 

life-limited parts for this model helicopter 

and is not an all-inclusive list. 

(ii) Revise the retirement life of each part 

as shown in Table 1 of this AD by making 

pen and ink changes or by inserting a copy 

of this AD into the Airworthiness Limitations 

section of the maintenance manual. 

(iii) Record on the component history card 

or equivalent record the retirement life for 

each part as shown in Table 1 of this AD. 

(2) Before further flight, remove from 

service any part with a P/N listed in the 

following Table 2 of this AD, regardless of 

the part’s TIS. The P/Ns listed in Table 2 of 

this AD are not eligible for installation on 

any helicopter. 

TABLE 2—PARTS TO BE REMOVED FROM SERVICE

Part name P/N 

Spindle Assembly, Rotary Rudder ........................................................... 6410–30302–041. 

Main Gearbox Second Stage Lower Planetary Plate .............................. 6435–20516–101 or 6435–20516–102. 

Bracket Assembly, Main Servo ................................................................ 6435–20527–041 or 6435–20527–042. 

Primary Servo Link, Tandem Servo, M/R ................................................ 6465–62161–042. 

Shoulder Bolt, Tail Rotor (T/R) ................................................................. 65111–07001–102. 

T/R Blade Assembly ................................................................................. 65161–00001–041. 

(3) Before further flight, if a T/R blade 

assembly, P/N 65160–00001–048, is 

installed, remove any of the other three T/R 

blade assemblies that have a different P/N 

and replace it with a T/R blade assembly, P/ 

N 65160–00001–048. The T/R blade 

assembly, P/N 65160–00001–048, must be 

installed in sets of four only. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Rotorcraft Certification 

Office, FAA, may approve AMOCs for this 

AD. Send your proposal to: Michael Kohner, 

Aviation Safety Engineer, FAA, Rotorcraft 

Directorate, Rotorcraft Certification Office, 

Fort Worth, Texas, 76137, telephone (817) 

222–5170, email 7-avs-asw-170@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

Erickson Service Bulletin No. 64F General1, Revision 17, dated August 17, 2010, which 

is not incorporated by reference, contains 

additional information about the subject of 

this AD. For service information identified in 

this AD, contact Erickson Air-Crane 

Incorporated, ATTN: Chris Erickson/ 

Compliance Officer, 3100 Willow Springs Rd, 

PO Box 3247, Central Point, OR 97502, 

telephone (541) 664–5544, fax (541) 664– 

2312, email address 

cerickson@ericksonaircrane.com. You may 

review a copy of this information at the FAA, 


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Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Proposed Rules 38747 

Office of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6300: Main Rotor Drive System and 

6400: Tail Rotor System. 

Issued in Fort Worth, Texas, on June 21, 

2012. 

M. Monica Merritt, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–15978 Filed 6–28–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Parts 234 and 235 

[Docket No. DOT–OST–2010–0211] 

RIN 2105–AE07 

Reports by Air Carriers on Incidents 

Involving Animals During Air Transport 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Department is proposing 

to amend its existing rule regarding the 

reporting of incidents involving animals 

during air transport, 14 CFR 234.13, to 

expand the reporting requirement to 

U.S. carriers that operate scheduled 

service with at least one aircraft with a 

design capacity of more than 60 seats, 

to expand the definition of ‘‘animal’’ to 

include all cats and dogs transported by 

the carrier, regardless of whether the cat 

or dog is transported as a pet by its 

owner or as part of a commercial 

shipment (e.g., shipped by a breeder), 

and to require all covered carriers to 

provide in their December reports the 

total number of animals that were lost, 

injured, or died during air transport. We 

also seek comment on requiring carriers 

to report the total number of animals 

transported in the calendar year in the 

December reports. 

DATES: Comments should be filed by 

August 28, 2012. Late-filed comments 

will be considered to the extent 

practicable. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2010–0211 by any of the following 

methods: 

• Federal eRulemaking Portal: go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE., between 9 

a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2010–0211 or Regulatory 

Identification Number (RIN) for the 

rulemaking at the beginning of your 

comment. All comments will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment if 

submitted on behalf of an association, a 

business, a labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Vinh Q. Nguyen, Trial Attorney, Office 

of the Assistant General Counsel for 

Aviation Enforcement and Proceedings, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., Washington, DC 

20590, 202–366–9342 (phone), 202– 

366–7152 (fax), vinh.nguyen@dot.gov. 

You may also contact Blane A. Workie, 

Deputy Assistant General Counsel, 

Office of the Assistant General Counsel 

for Aviation Enforcement and 

Proceedings, U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC 20590, 202–366– 

9342 (phone), 202–366–7152 (fax), 

blane.workie@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The current rule regarding reporting 

of incidents involving animals during 

air transport derives from the Wendell 

H. Ford Aviation Investment and 

Reform Act for the 21st Century or 

‘‘AIR–21’’ (Pub. L. 106–181), which was 

signed into law on April 5, 2000. It 

included section 710, ‘‘Reports by 

Carriers on Incidents Involving Animals 

During Air Transport,’’ and was codified 

as 49 U.S.C. 41721. Section 41721 

contains the following provisions: 

(a) In General.—An air carrier that 

provides scheduled passenger air 

transportation shall submit monthly to the 

Secretary a report on any incidents involving 

the loss, injury, or death of an animal (as 

defined by the Secretary of Transportation) 

during air transport provided by the air 

carrier. The report shall be in such form and 

contain such information as the Secretary 

determines appropriate. 

* * * * * 

(d) Publication of Data.—The Secretary 

shall publish data on incidents and 

complaints involving the loss, injury, or 

death of an animal during air transport in a 

manner comparable to other consumer 

complaint and incident data. 

(e) Air Transport.—For purposes of this 

section, 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. 

On August 11, 2003, DOT, through its 

Federal Aviation Administration (FAA), 

issued a final rule implementing section 

710 of AIR–21. See 68 FR 47798. The 

rule required air carriers that provide 

scheduled passenger air transportation 

to submit a report to the Animal and 

Plant Health Inspection Service (APHIS) 

of the United States Department of 

Agriculture (USDA) on any incident 

involving the loss, injury, or death of an 

animal during air transportation 

provided by the air carrier. 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 data on consumer complaints 

and other incidents. 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, on February 14, 2005, DOT made 

a technical change in the rule to require 

reporting airlines to submit the required 

information directly to DOT’s Aviation 

Consumer Protection Division (ACPD) 

rather than APHIS and to make the rule 

part of DOT’s economic regulations. See 

70 FR 7392. The rule is codified at 14 

CFR 234.13. 

Section 234.13 requires air carriers 

that provide scheduled passenger air 

transportation to submit a report to the 

ACPD on any incidents involving the 

loss, injury, or death of an animal 

during air transportation within 15 days 

of the end of the month during which 

the incident occurred. It defines 

‘‘animal’’ as 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. 

The air transport of an animal covers the 


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