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[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Proposed Rules]
[Pages 38747-38751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16024]

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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).

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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

[[Page 38748]]

entire period during which an animal is in the custody of an air 
carrier, from check-in or delivery of the animal to the carrier prior 
to departure until the animal is returned to the owner or guardian of 
the animal at the final destination of the animal. Section 234.13 also 
lists the information that is to be included in each report (e.g., 
carrier and flight number, date and time of the incident). However, 
because section 234.13 is contained in Part 234 of Title 14 and that 
part applies only to the domestic scheduled passenger flights of 
carriers that account for at least 1 percent of domestic scheduled 
passenger revenue (``reporting carriers''), there has been confusion 
regarding which entities are required to submit a report to the ACPD on 
incidents involving loss, injury, or death on an animal during air 
transportation as well as which flights are covered (i.e., only 
domestic scheduled passenger flights, or all scheduled passenger 
flights, including international flights).
    On August 10, 2010, Senators Richard Durbin, Robert Menendez, and 
Joseph Lieberman wrote to the Secretary of Transportation urging the 
Department to amend the rule so that airlines would be required to 
report all incidents involving the loss, injury, or death of cats and 
dogs that occur while they are traveling in an airline's care, custody, 
or control, regardless of whether the cat or dog is being transported 
as a pet by its owner or as part of a commercial shipment. In addition 
to the letter, the Department received a petition for rulemaking on 
this matter from the Animal Legal Defense Fund (ALDF), an advocacy 
group which works to protect the lives and advance the interest of 
animals through the legal system. In its petition, ALDF requests that 
the Department's regulation requiring the reporting of loss, injury, or 
death of animals in air transport be revised to require airlines to 
report any such incident involving animals they carry. It contends that 
the data that are currently collected by the Department capture only 
incidents affecting pets, even though pets make up only part of the 
total number of animals transported by airlines. The ALDF's proposal 
would apply to all species of animals, not just cats and dogs.

Notice of Proposed Rulemaking

    This NPRM proposes to expand the applicability of the rule to 
require all U.S. carriers that operate scheduled service with at least 
one aircraft with a design capacity of more than 60 passenger seats 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 
after the end of the month during which the incident occurred. Under 
the current rule, most of the reports on incidents involving animals 
during air transport have been submitted by ``reporting carriers,'' as 
defined in 14 CFR 234.2. At the present time, there are 15 ``reporting 
carriers.'' These airlines account for the vast majority of domestic 
traffic. Nevertheless, we believe that it is important to expand the 
requirement to all carriers that operate scheduled service with at 
least one aircraft with a design capacity of more than 60 seats to 
provide consumers and other interested parties a more complete picture 
of the treatment of animals on scheduled passenger flights. By 
expanding the applicability from the reporting carriers (i.e., U.S. 
carriers that account for at least 1 percent of domestic scheduled 
passenger revenue) to U.S. carriers that operate domestic or 
international scheduled passenger service with at least one aircraft 
with more than 60 seats, we would be requiring reports of loss, injury 
or death of an animal from 36 carriers instead of only 15 carriers. 
These 36 carriers carry about 99.6 percent of domestic passengers and 
98 percent of international passengers that travel on U.S. airlines.
    Consistent with section 605 of the Regulatory Flexibility Act 
(RFA), 5 U.S.C. 605(b), as amended by the Small Business Regulatory 
Enforcement and Fairness Act of 1996 (SBREFA), we are not proposing to 
expand this rule to carriers that operate scheduled service with only 
aircraft that have a design capacity of 60 seats or less as these 
carriers are considered small businesses.\1\ We invite comment on 
whether there is any benefit to expanding the applicability of the rule 
any further to encompass more U.S. carriers. We are not considering 
expanding the requirement to report on the loss, injury or death of 
animals to foreign air carriers that operate flights to and from the 
U.S. or to charter flights, as Congress mandated the reporting of such 
information only by U.S.-flag airlines that operate scheduled passenger 
service. However, we are aware of an indirect cargo air carrier 
operating under the provisions of Part 296 of the Department's 
regulations that specializes in providing air transportation only to 
pets. We seek comment on whether the reporting requirements should 
apply to such entities.
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    \1\ DOT defines small carriers based on the standard published 
in 14 CFR 399.73: ``For the purposes of the Department's 
implementation of chapter 6 of title 5, United State Code 
(Regulatory Flexibility Act), a direct air carrier or foreign air 
carrier is a small business if it provides air transportation only 
with small aircraft as defined in Sec.  298.3 of this chapter (up to 
60 seats/18,000 pound payload capacity).''
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    The existing rule defines an animal as a pet in a family household. 
The NPRM proposes to expand this definition to include cats and dogs 
that are part of a commercial shipment. More specifically, the NPRM 
proposes to retain that portion of the definition of ``animal'' that 
refers to 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 and add to this definition ``and any dog or cat which, at 
the time of transportation, is shipped as part of a commercial shipment 
on a scheduled passenger flight.''
    We are proposing this expansion in the definition of an animal 
because dogs and cats that are being shipped on scheduled passenger 
flights other than as pets by their owners are likely being transported 
for the purpose of being sold as a pet in a family household in the 
United States. Moreover, based on the data we collected of loss, injury 
or death of household pets transported in commercial aviation from May 
2005 to November 2011, we found that virtually all of the reports of 
deaths (95%), injuries (100%), and loss (98%) involved cats and dogs. 
Nevertheless, we seek comment on whether the definition of an animal 
should be expanded further to include not only dogs and cats in 
commercial shipments but all species of animals in commercial air 
transportation. We are seeking comment, rather than proposing specific 
language, on expanding the definition of an animal to apply to all 
species of animals, as suggested by the Animal Legal Defense Fund. We 
are not proposing language at this time for two reasons. First, the 
overwhelming majority of losses, injuries, and deaths of household pets 
reported to DOT by airlines have involved cats and dogs. Second, the 
legislative history of AIR-21 does not appear to show an intent to 
require reporting of incidents involving commercial shipment of animals 
such as fish and birds that are being shipped from breeders/wholesalers 
to retailers. The rule would continue not to cover animals that 
accompany a passenger at his or her seat in the cabin as the air 
carrier does not take custody of such animals. In any event, the 
likelihood of the loss, injury, or death of such animals is very 
minimal.
    We further propose in this NPRM to require each covered carrier to 
provide in its December report a summary of the total number of animal 
losses, injuries, and deaths and the total number of

[[Page 38749]]

animals transported for the calendar year. Thus, each covered carrier 
would be required to file a report for the month of December even if 
the carrier did not experience any incidents involving animals and/or 
carried no animals during that month or even that year. We seek comment 
on requiring carriers to report the total number of animals transported 
during that year. We believe the additional requirement of reporting 
the number of animals transported may be important for providing a 
complete picture of a covered carrier's animal transport record, as the 
number of animals transported by each airline may vary widely. If we 
were to gather this data from the airlines, we would use it to 
calculate rates of animal loss, injury and death per unit of animals 
transported for each airline (e.g., 1.04 deaths per 10,000 animals 
transported) and include this information in our published animal 
incident reports. Without this information, consumers and others will 
not be able to compare the rate of animal incidents from one carrier to 
another or one year to another.
    We ask commenters to provide the following information to assist 
our consideration of the question of requiring carriers to report the 
total number of animals transported. How many cats, dogs and other 
household pets are currently transported per year on scheduled flights 
of U.S. air carriers? Has this number been increasing or decreasing in 
recent years? Are current procedures for tracking animal incidents 
adequate for tracking the total number of animals transported? If yes, 
then what additional annual costs would be involved for tracking the 
total number of animals transported? If not, what new procedures would 
need to be put in place? What exactly would be involved? In terms of 
costs: What are the set-up costs for such a system? What are annual 
costs of running it? Are the annual costs fixed or do they depend on 
the number of animals transported? Please describe capital costs, labor 
hours, and other costs separately.
    In order to limit the burden on the covered carriers, we seek 
comment on whether we should require covered carriers to report only 
once per year in the December reports on the total number of animals 
transported during the previous year, or whether the total number of 
animals transported should be reported each month. We also solicit 
comment on whether carriers should be required to file negative reports 
even if the carrier did not have any incidents involving the loss, 
injury, or death of an animal during a particular month or year --i.e., 
reporting ``0'' for any reporting category where there were no such 
incidents. Negative reports would require carriers to affirmatively 
certify that there were no reportable animal incidents during that 
period; they are an additional incentive to ensure that the reports are 
complete and accurate. We also invite interested persons to comment on 
whether the Department should continue not requiring carriers to file 
negative monthly reports of animal incidents (i.e., not requiring 
reports stating there were no incidents of death, loss, or injury of an 
animal).
    The Department is seeking comment on these issues. Our final action 
will be based on the comments and supporting evidence filed in this 
docket and on our own analysis.

Regulatory Analyses and Notices

A. Executive Order 13563 and 12866 and DOT Regulatory Policies and 
Procedures

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    This action has been determined not to be significant under 
Executive Order 12866 and DOT's Regulatory Policies and Procedures and 
was not reviewed by the Office of Management and Budget (OMB). The 
costs associated with this rule would be minimal.
1. Cost of Monthly Reports Other Than December Report
    The cost of filing monthly reports would be minimal. Aside from the 
December report, a carrier would be required to report only during the 
months where the carrier experiences a reportable animal incident. 
Currently, 15 of the 36 carriers that would be affected are already 
required to collect information on incidents involving the loss, 
injury, or death of an animal. For these 15 carriers, who account for 
approximately 90 percent of the domestic market, there would be no 
additional costs. For the 21 other carriers who do not currently have 
to report, the cost would vary depending on whether or not there is a 
reportable incident during any given month. For example, if a carrier 
experiences no reportable incidents all year, then the recurrent cost 
of filing monthly reports for January to November is $0. However, if 
the carrier experiences a reportable incident every month of the year, 
the cost would be $401.52. This is based on our estimate that it would 
take a Paralegal working in scheduled air transportation making $33.46 
(the average wage rate plus benefits) one hour to prepare and submit 
one monthly report. So, if all 21 carriers, who do not currently have 
to report, each experience a reportable incident every month of the 
year, the total cost would be $8,431.92. Therefore, the cost of monthly 
reports would be between $0 and $8,431.92 per year depending on the 
number of reportable incidents. Even the high estimate would still be a 
minimal cost.
2. Cost of the December Report
    All covered carriers would be required to submit a December report. 
However, the burden on covered carriers to submit a December report 
that includes the total number of animals that were lost, injured, or 
died during air transport would be minimal. This report would merely be 
an arithmetic total of the values in any report that a covered carrier 
filed throughout the year.
3. Cost of Expanded Definition of an Animal
    The cost of the proposed expanded definition of an animal would 
impact airlines, but the cost would still be minimal. Since 2006, the 
average number of reported incidents per year is 46. If we were to 
assume that it takes a Paralegal one hour to prepare and submit a 
report per incident, then we have estimated that the cost to the 
industry is $1540 per year. This is based on our estimate of a 
Paralegal's salary discussed above. Various trade sources indicate that 
dogs and cats transported as part of a commercial shipment may account 
for as much as half of all dogs, cats, and other household pets that 
are transported by covered carriers. If we were to assume that 
expanding the definition to include dogs and cats transported as part 
of a commercial shipment would result in an additional 46 reported 
incidents per year (i.e., a total of 92 incidents), the additional cost 
of $1540 is still minimal.
    The benefits of the rule, while difficult to quantify, exceed the 
costs. Good data are not immediately available as to the total number 
of animals that air carriers currently transport. Neither trade 
associations for animal transportation providers nor airlines collect 
data on the number of animals transported annually by air. Trade 
association (e.g., pet transportation

[[Page 38750]]

firms) and industry (airlines) sources estimate the actual number of 
pets that carriers transport annually at up to 800,000. This proposal 
would provide consumers with a fuller picture of the safety record of 
airlines in the transportation of animals. If the benefit of expanding 
reporting requirements to dogs and cats transported as a commercial 
shipment were as little as a cent per animal shipped, the benefits of 
the rule would exceed the costs.
    A copy of the preliminary regulatory evaluation has been placed in 
the docket. We invite comment on the quantification of costs and 
benefits for this proposed requirement, as well as the methodology used 
to develop our cost and benefit estimates. We also seek comment on how 
unquantified costs and benefits could be measured.

B. Regulatory Flexibility Act

    Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5 
U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement 
and Fairness Act of 1996 (SBREFA), I certify that this rulemaking would 
not have a significant economic impact on a substantial number of small 
entities. The NPRM would impose no new duties or obligations on small 
entities. As discussed above, consistent with the RFA, as amended by 
the SBREFA, we are not proposing to expand this rule to carriers that 
operate scheduled service with only aircraft that have a design 
capacity of 60 seats or less as these carriers are considered small 
businesses.

C. Executive Order 13132 (Federalism)

    This action 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, and therefore will not have federalism 
implications.

D. Executive Order 13084

    This notice has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because the provision 
on which we are seeking comment would not significantly or uniquely 
affect the communities of the Indian tribal governments or impose 
substantial direct compliance costs on them, the funding and 
consultation requirements of Executive Order 13084 do not apply.

E. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, (Pub. L. 
104-13, 49 U.S.C. 3501 et seq.), the Department is seeking to renew 
with change the information collection titled ``Reports by Carriers on 
Incidents Involving Animals During Air Transport'' (OMB No. 2105-055). 
This information collection expired on June 6, 2011. This NPRM proposes 
to modify the information collection requirement. Under the Paperwork 
Reduction Act, before an agency submits a proposed collection of 
information to OMB for approval, it must publish a document in the 
Federal Register providing notice of the proposed collection of 
information and a 60-day comment period, and must otherwise consult 
with members of the public and affected agencies concerning the 
proposed collection.
    The collection of information proposed in the NPRM is a requirement 
that U.S. carriers that operate scheduled passenger service with at 
least one aircraft having a designed seating capacity of more than 60 
passenger seats report to the Department's ACPD any incidents involving 
the loss, injury, or death during air transport of cats and dogs that 
were part of a commercial shipment. (Cats and dogs that were being kept 
as a household pet at the time of such a loss, injury, or death are 
already required to be reported by these airlines.) As discussed above, 
this requirement would expand the reporting requirement from 15 
carriers to 36 carriers, an increase of 21 carriers. We also propose to 
require covered carriers to state in their report for the month of 
December the total number of animals that were lost, injured, or died 
during air transport. We solicit comment on whether we should also 
require carriers to provide information about the total number of 
animals transported in the calendar year.
    Title: Reports by Carriers on Incidents Involving Animals During 
Air Transport.
    OMB Control Number: 2105-0552.
    Type of Request: Modification of expired Information Collection 
Request.
    Respondents: U.S. carriers that operate scheduled passenger service 
with at least one aircraft having a designed seating capacity of more 
than 60 seats (36).
    Frequency: For each respondent, one information set for the month 
of December, plus one information set during some months (1 to 12).
    Estimated Annual Burden on Respondents: 36 to 432 hours 
(Respondents [36] x Frequency [1 to 12 per year]).
    Comments are invited on: (1) The necessity and utility of the 
information collection, (2) the accuracy of the estimate of the burden, 
(3) ways to enhance the quality, utility, and clarity of the 
information to be collected, and (4) ways to minimize the burden of 
collection without reducing the quality of the collected information. 
Comments submitted in response to this notice will be summarized or 
included, or both, in the request for OMB approval of these information 
collections.

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.

    Issued this 22nd day of June 2012, in Washington, DC.
Robert S. Rivkin,
General Counsel.

List of Subjects in Parts 234 and 235

    Air carrier, Animal incidents, Consumer protection, Reporting and 
recordkeeping requirements.

    For the reasons set forth in the preamble, the Department of 
Transportation proposes to amend 14 CFR chapter II as follows:

PART 234--AIRLINE SERVICE QUALITY PERFORMANCE REPORTS

    1. The authority citation for part 234 continues to read as 
follows:

    Authority:  49 U.S.C. 329 and Sections 41708 and 41709.

    2. Section 234.13 is removed.

Sec.  234.13  [Removed]

    3. A new part 235 is added to read as follows:

PART 235--REPORTS BY AIR CARRIERS ON INCIDENTS INVOLVING ANIMALS 
DURING AIR TRANSPORT

Sec.
235.1 Definitions.
235.2 Applicability.
235.3 Reports by air carriers on incidents involving animals during 
air transport.

    Authority:  49 U.S.C. 41721.

Sec.  235.1  Definitions.

    For the purposes of this part:
    Air transport includes the entire period during which an animal is 
in the custody of an air carrier, from the time that the animal is 
tendered to the air carrier prior to departure until the air carrier 
tenders the animal to the owner, guardian or representative of the 
shipper of the animal at the animal's final destination. It does not 
include animals that accompany a passenger at his or her seat in the 
cabin and of which the air carrier does not take custody.
    Animal means any warm or cold blooded animal which, at the time of

[[Page 38751]]

transportation, is being kept as a pet in a family household in the 
United States and any dog or cat which, at the time of transportation, 
is shipped as part of a commercial shipment on a scheduled passenger 
flight, including shipments by trainers and breeders.

Sec.  235.2  Applicability.

    This part applies to the scheduled domestic and international 
passenger service of any U.S. air carrier that operates such service 
with at least one aircraft having a designed seating capacity of more 
than 60 passenger seats.

Sec.  235.3  Reports by air carriers on incidents involving animals 
during air transport.

    (a) Each covered carrier shall, within 15 days after 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, including 
incidents on flights by that carrier that are operated with aircraft 
having 60 or fewer seats. 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) Name and contact information of the owner(s), guardian and/or 
shipper 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.
    (b) Within 15 days after the end of December of each year, each 
covered carrier shall submit the following information (this 
information may be included in any report that the carrier may file for 
the loss, injury, or death of animals during the month of December):
    (1) The total number of incidents involving an animal during air 
transport provided by the air carrier for the entire calendar year, 
including incidents on flights by that carrier that are operated with 
aircraft having 60 or fewer seats. The report shall include subtotals 
for loss, injury, and death of animals. Report ``0'' for any category 
for which there were no such incidents. If the carrier had no 
reportable incidents for that calendar year, it shall report ``0'' in 
each category.
    (2) The December report must contain the following certification 
signed by your authorized representative: ``I, the undersigned, do 
certify that this report has been prepared under my direction in 
accordance with the regulations in 14 CFR Part 235. I affirm that, to 
the best of my knowledge and belief, this is a true, correct and 
complete report.''

[FR Doc. 2012-16024 Filed 6-28-12; 8:45 am]
BILLING CODE 4910-9X-P
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