U.S. Department ofTransportation Office of the Secretary ofTransportation GENERAL COUNSEL 

### May 

### 1, 2012

Certified Mail

- Return Receipt Requested

John Melia, Esq. Litigation Fellow Animal Legal Defense Fund 170 E. Cotati Avenue Cotati, California 94931

DearMr. Melia:
Secretary LaHood has asked that Irespond to your April 12 letter on behalfofthe Animal Legal Defense Fund (ALDF) regarding the recent death offourteen monkeys which were shipped by air by a Miami-based animal importer. You express concern that these deaths are not required to bereported underthe U.S. Depaatment ofTransportation's (Department) regulation requiring the reporting ofthe loss. injury ordeath ofanimals in air transpmt because the Department defines ''animals" in the rule to mean those that are being kept as a pet in a family household in the United States. You urge the Department to amend this regulation so that airlines are required to report all incidents involving the loss, injury, or death ofanimals that occurwhile'they are traveling in the airline's care, custody, orcontrol, whether the animal is being shipped as a pet by its owneror as patt ofa commercial shipment. You point out that ALDF submitted a petition for rulemaking on this matter in August 2010, and request the Department to promptly open a comment period on the petition. I appreciate the opportunity to provide you information about the Department's planned course ofaction in this area.
First. l am pleased to advise you that the Department will be issuing a notice ofproposed rulemaking to amend this regulation shortly. This NPRM will address. amongother things. the issues raised in ALDF's petition. This includes questions on whether the regulation should remain as is and coveronly household pets, orbeexpandedto cover all animals orcet1ain types ofanimals (e.g., cats and dogs) regardless ofwhetherthey are pets being shipped bytheir owners or part ofcommercial shipments.

In addition, we 

### will be forwarding a copy ofyour letter to the U.S. Department ofAgriculture's Animal and Plant Health Inspection Service (APHIS) to make sure that they are aware ofthe incident described in your letter. Although the Department issued the regulation for reporting the loss, injury ordeathofanimals in air transportation and will work on any amendment, the overall health and safety standards for the transportation ofanimals by airlines are administered by APHIS. I would like to emphasize that the commercial shipments ofanimals that are not reported to the Department are still subject to APHIS standards.

### I have placed a copy ofthis correspondence in the ALDFpetition for rulemaking docket. For your reference, the docket number is DOT-OST-2010-0211. IfI can provide further information
or assistance, please contact Vinh Nguyen, ofmy staff, or Blane Workie, Deputy Assistant General Counsel for Aviation Enforcement and Proceedings. at (202) 366-9342. Sincerely,

# Si.:e~ Assistant General Counsel for Aviation Enforcement and Proceedings

### April 12, 2012

The Honorable 

### Ray LaHood SecretaJy U.S. Depattment ofTran.sp01tation 1200 New Jersey Ave, SE Washington, DC 20590

The Honorable Michael P. Huerta ActingAdministrator Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

The Honorable Tom Vilsacl< Secretaty U.S. Department ofAgriculture 1400 Independence Ave., S.W. Washington, DC 20250

Dear Mr. LaHood, Mr. Huerta, and Mt·. Vilsack: I

### ~··~.:ARTMENT

# OF**'.~~.NSPORTATION** 

## .;**~~i<ET** 

## OPERATIONS**Z~IZilAY-2 PI~:Ol** 

TheAnimal Legal Defense Fund (wwv>.nldf.org) is deeply concemed about the recent case ofRobert Conyers, a Miami-based animal impotter; who was acquitted in Los Angeles last week ofl0 counts ofanimal cruelty related to the failed transportation of25 monkeys from Miami to Bangkok. Due to complications including bad weather, pape1work issues, and poor communication, the monkeys were shipped from Miami to Los Angeles, Los Angeles to China, and then from China back to Los Angeles before finally being released from their containers. By the end ofthe four-day ordeal, 14 ofthe monkeys were dead from starvation, dehydnition, ofhypothennia. One more had to be euthanized, and those who survived needed significant veterinaty care. ·
This debacle underscoresthe perils that millions ofanimals traveling through American airspace face when they are loaded onto planes each year. Pursuantto 49 U.S.C. 

### § 4172t, the Federal Aviation Administration must collect data on the number ofanimals killed, injured, and lost during airtransport in the United States. Aswritten, however, FAA administrative regulations only require airlines to report casualties among "pets" in the
course ofairtravel. This narrow interpretation does not require airlines to report deaths, injuries, or losses ofnon-pet animals, including Conyers' monkeys. Household pets make up only a portion ofthe animals regularlytransported on airlines, meaning that only a portion ofthe animals harmed during air travel are reported each year. Under the current regulatOJy scheme, the totnl number ofanimals killed, injured, and lost by airlines remains a mystery.

In August of2010, t11c Animal Legal Defense Fund submitted a petition to tbe FAA and the Depat1mentofTransportation to IH'omulgate new mles requiring ail'lines to repo1·t deaths, inju1·ies, and losses ofallanimals, whetheror not the animalsm·e pets. We •·equest that the DOT pr·omptly open a comment pc1·iod on ALDF's 2010 petition and
move fonvard with implementing this critical change. This change would provide lawmakers and the general public ·with a complete picture ofthe dangers oftransporting 

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# legal DefenseFund

170 East Cotati Avenue Cotati, California 94931
T707.795.2533 F

707.795.7280 info@aldf.org aldf.org



## Winning the case 

## against cruelty

### animals by airplane, allowing them to 

### make educated choices about this practice 

### in the future.

Even ifConyers had accurate information about the hazards ofair travel for animals, it is unclear whether he would have nu,de different decisions about the handling ofhis monkeys. What is clear is that t11e American public has the right to know about tragic incidents like this before handing their own animals overto airlines. The current regulatory scheme allows other cases like Conyers' to slip quietly by the public's notice, giving a false sense of security when transp01ting animals by plane. Though nothing we do now can save Conyers' monkeys from the teiTible ends they suffered, requiring that all animal casualties be reported to the FAA can save other animals from similar fates in the fttture.
By educating 

### the public about the risks 

### ofanimal air travel, and by holding airlines and individuals accountable for the decisions they make when shipping animals, we can spare innocent animaJs from the cold, lonely deaths that too often await them in airplane cargo holds. Please consider ALDF's petition with the 

### best interests ofanimals 

### in mind and clarify for us the DOT'splanned course ofaction to prevent tragedies like 

### the Conyers case in the future. Sincerely,

# /~~**#{d~** John Melia, Esq. Litigation Fellow Animal Legal Defense Fund 170 E. Cotati Ave. Cotati, CA 94931 (707)795-2533 ext.

### ·1 038 jmelia@aldf.org

cc: Joseph Liebennan 706 Senate Hmt Office Building Washington, DC 20510

Robert Menendez 528 Senate Hart Office Building Washington, D.C. 20510

Richard Durbin 711 Senate Hart Office Building Washington, DC 20510 

# AnimalLegal 

# DefenseFund

170 East Cotati Aven_ue Cotati, California 94931
T707.795.2533 F707.795.7280

info@aldf.org aldf.org



## Winning the case against cruelty

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