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Memorandum to [Docket No. DOT-OST-2010-0211] ;· '.J·.JSPORTATION 

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Re: Meeting with representatives of the Humane Society of the United States 

(HSUS), American Society for the Prevention of Cruelty to Animals (.,~JR'C~, ~11 P 12: 3 b 

staff for Senator Robert Menendez 

From: Michael Hallock, C-70 

On September 14, 2012, DOT officials met with representatives of two animal rights 

organizations as well as staff members from the Office of Senator Robert Menendez 

regarding the Department's notice of proposed rulemaking (NPRM) on loss, injury or 

death of an animal during air transport. The comment period on NPRM, which was 

published in the Federal Register on June 29, 2012, closes on September 27, 2012. This 

NPRM would require additional airlines to report on loss, injury or death of an animal, 

expand the definition of an "animal" from a family pet to include 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, and mandate all covered carriers provide information each 

calendar year about the total number of animals that are lost, injured, or died during air 

transport. 

The following individuals attended the meeting: 

Tracie Letterman, HSUS 

Deborah Dubow Press, ASPCA 

Benjamin Kaufmann, U.S. Senate Staff 

Harold Connolly, U.S. Senate Staff 

Samuel Podberesky, U.S. DOT 

Blane Workie, U.S. DOT 

Tim Kelly, U.S. DOT 

Donald Day, U.S. DOT 

Michael Hallock, U.S. DOT 

Vinh Nguyen, U.S. DOT 

Aubrey Smith, U.S. DOT 

The representatives from the animal rights organizations stated that they were supportive of 

the Department's NPRM but also expressed concern that the Department did not propose to 

require airlines to account for animal deaths beyond cats and dogs. These 

representatives stated that many members of their respective organizations have reported that 

various types of animals, including exotic animals such as tigers and gorillas and farm 

animals such as baby chickens, have died or suffered injury while in air transport. For this 

reason HSUS stated that the definition of animal should be expanded to include all animals 

transported by carriers. Representatives from DOT encouraged the animal rights groups to 

provide written comments about how they would like the Department to define the term 

"animal" for use in this rule. 
The discussion then turned to a request for a clarification as to whether the proposal to 

require airlines to report on loss, death or injury of a cat or dog transported by a carrier covers 

cats or dogs that are accompanied by guardians such as handlers of dogs or cats for events. 

Representatives from DOT stated that the proposal does not specifically address this matter 

and encouraged comments on the issue of whether the definition of "animal" should apply to 

guardians transporting dogs or cats to shows. 

As a related matter, staff for Senator Menendez inquired as to whether the Department has 

compiled information about airline policies on transporting animals on passenger flights. In 

response the DOT representatives stated that they have not compiled such information but 

that the Department reviews an airline's policy on transporting animals when it receives an 

incident report of loss, injury or death of an animal by the airline. Representatives of HSUS 

and the ASPCA stated that the incident reports do not tell the full story of injury or death of 

animals on aircraft because the current definition of animal is narrow and suggested that the 

Department conduct a study into which types of animals are transported by carriers.