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### OF Memorandumto [DocketNo. DOT-OST-2010-0211] ;· 

### '.J·.JSPORTATION

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_r\t 1**~** n:dl"\ 1..**,\·~>** Re: Meeting with representatives of the Humane Society of the United States (HSUS),American Society for the Prevention ofCruelty to Animals**(.,~JR'C~, ~11**  

### P 12: 3 b stafffor SenatorRobert 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, expandthe definition ofan "animal" from a family pet to include cats and dogs transported by the carrier regardless ofwhether the cat or dog is transported as a pet by its owner or as part ofa commercial shipment, and mandate all covered carriers provide information each calendar year about the total number ofanimals that are lost, injured, or died during air transport.

The following individuals attended the meeting:

Tracie Letterman, HSUS DeborahDubowPress, ASPCA BenjaminKaufmann, U.S. Senate Staff Harold Connolly, U.S. Senate Staff Samuel Podberesky, U.S. DOT Blane Workie, U.S. DOT TimKelly, U.S. DOT DonaldDay, U.S. DOT MichaelHallock, U.S. DOT VinhNguyen, U.S. DOT Aubrey Smith, U.S. DOT

The representatives from the animal rights organizations stated that they were supportive of the Department'sNPRM but also expressed concern that the Department did notpropose to require airlines to account for animal deaths beyond cats and dogs. These representatives statedthat many members oftheirrespective organizations have reportedthat 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 ofanimal 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 inthis rule.The discussion then turned to a request for a clarification as to whether the proposal to require airlines to report onloss, death orinjury ofa cat ordogtransported by a carriercovers cats or dogs that are accompanied by guardians such as handlers ofdogs or cats for events. Representatives from DOT stated that the proposal does not specifically address this matter and encouraged comments on the issue ofwhetherthe definition of"animal" should apply to guardianstransporting dogs orcats to shows.

As a related matter, stafffor 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 ofloss, injury or death ofan animal by the airline. Representatives of HSUS and the ASPCA stated that the incident reports do not tell the full story ofinjury or death of animals on aircraft because the current definition ofanimal is narrow and suggested that the Department conduct a study into whichtypes ofanimals are transportedby carriers.