SQ!JIRE 

SANDERS 

LEGAL 

COUNSEL 

WORLDWIDE 

September 10, 2008 

VIA ELECTRONIC SUBMISSION 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings, C-7 0 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E.-Room W96-322 

Washington, D.C. 20590 

SQUIRE, SANDERS & DEMPSEY L.L.P. 

Suite 500 

1201 Pennsylvania Avenue, N.W. 

Washington, D.C. 20004-2401 

Office: + 1.202.626.6600 

Fax: + 1.202.626.6780 

Direct Dial: +1.202.626.6840 

cdonley@ssd.com 

Re: Docket DOT-OST-2008-0272: Request for conflict of law waivers under 14 C.F.R. 382.9 

Dear Mr. Podberesky: 

In accordance with 14 C.F.R. 382.9, I am writing on behalf of Trans American Airlines, S.A. 

d/b/a TACA Peru ("TACA Peru"), LAN Peru S.A. ("LAN Peru"), TACA International Airlines, S.A. 

("TACA"), and Lineas Aereas Costarricenses S.A. ("LACSA") (together, the "Joint Applicants") to 

notify the Department of Transportation ("Department") of conflicts between certain portions of Part 

382 and the regulations of the Republic of Peru, and to request waivers of Part 382 to the extent 

necessary to permit the Joint Applicants to continue to comply with Peruvian regulations. 1 

Under 14 C.F.R. 382.117, the Department has established requirements regarding the carriage of 

service animals aboard flights operated by foreign air carriers serving a United States point. Peruvian 

regulations pertaining to the transportation of animals, however, include certain mandatory requirements 

that conflict with Section 382.117. In accordance with Section 382.9, the Joint Applicants therefore 

respectfully request waivers permitting them to continue to comply with Peruvian regulations related to 

the transportation of live animals, including service animals, aboard their aircraft. The specific 

information required by Section 382.9 is set forth below. 

I Although T ACA and LACSA are not domiciled in Peru, they occasionally operate single flight number 

services between the United States and Peru, via their homelands. In the absence of a waiver, these 

flights would be covered by Part 382 pursuant to 14 C.F.R. 382.7. TACA and LACSA therefore request 

waivers with respect to passengers traveling between the United States and Peru. 

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SQUIRE, SANDERS & DEMPSEY L.L.P. 

Samuel Podberesky 

September 10, 2008 

Page 2 

382.9(c)(l) 

A copy, in the English language, of the foreign law involved. 

Included with this letter is a an English-language copy of Complementary Technical Rule 

("CTR") NTC: A VSEC-002-2008 ("Rule"), issued by the Pemvian DGAC and currently in effect. 

Section 2 of the Rule extends its applicability to all air carriers, not simply Pcmvian carriers: 

The present CTR is applicable to every air carrier .. .intending to transport live animals 

by air in the Republic ofPem. (emphasis added) 

Section 3 states e; plicitly that compliance with the Rule is mandatory: 

Thi< CTR shall be effective commencing on its date ofpublic2 ion and it is of mandatory 

nature. (emphasis added) 

Additionally, S::;t:tion 4.1(s) of the Rule states that carriers must comply ,vith the Rule in transporting 

animals both as cargo and in the passenger cabin: 

Air carriers are responsible to perform the transport of live animals according to the 

provisions contained in the present CTR, whether they're being transported as cargo or 

in the passenger cabin. (emphasis added) 

The Rule clearly establishes mandatory requirements applicable to the carriage of all types of 

animals--whether such animal are considered service animals, pets, or commercial cargo--with which 

the Joint Applicants must comply. 

382.9(c)(2) 

A description of how the foreign law applies and how it precludes compliance with a provision of this 

Part. 

The Rule conflicts with Sections 382.87(a), 382.117(a), 382.117(a)(l), 382.117(b), 382.117(d), 

382.117(e), and 382.117(f) of the Department's regulations. To the extent necessary, the Joint 

Applicants request a waiver from each of these sections, and any other sections necessary, to permit 

them to comply with the Rule. A section-by-section discussion of Part 382, how the Rule conflicts with 

each section, and possible alternative means of compliance are set forth below. 

382.117(a) and 382.117(t) 

Section 382.117(a) states that carriers must permit a "service animal" to accompany a passenger 

with a disability. Section 382.117(f) states that foreign carriers are required to carry canine "service 

animals". The Department's guidance with respect to service animals makes clear that such animals 
SQUIRE, SANDERS & DEMPSEY L.L.P. 

Samuel Podberesky 

September 1 0, 2008 

Page 3 

include those which provide passengers with emotional and psychiatric support and that serve as 

hearing, signal or seizure alert animals, as well as those serving as guide or seeing eye dogs. 

The Rule does not permit the carriage of service animals other than seeing eye dogs, and requires 

that such dogs wear a muzzle throughout the flight. Owners are required to provide the carrier with a 

certificate confirming that the dog has be~n suitably trained, as well as with a health certificate. Section 

4.1(d) states: 

If the authorizations given to the air carrier allow it, seeing eye dogs may travel in the 

passenger cabin using a muzzle throughout the flight and accompanied by its owner. 

Acceptance of these anima).;; requires a training certificate confirming they are seeing eye 

animals, in addition to the r.-'spective health certificate. (emphasis added) 

Section 4.1 (g) of the Rule makes clear that seeing eye dogs (and small, crated pets allowed under 

Section 4. 1 (e)) are the only animals allo-v. ed to be carried in the cabin: 

Except for the provisions of paragraphs (d) [regarding seeing eye dogs] and (e) [regarding 

crated pets] of Section 4.1, no other type of animals may travel. (emphasis added) 

The combined effect of Sections 4.1 (d) and 4.1 (g) is that the Joint Applicants can carry in the passenger 

cabin only seeing eye dogs, and only when the owner has provided a health certificate as well as a 

certificate confirming that the dog has in fact been trained as a seeing eye dog. The Joint Applicants 

cannot carry in the passenger cabin canine "service animals" other than certified seeing eye dogs, which 

prevents the Joint Applicants from accepting emotional or psychiatric support dogs, hearing dogs, 

seizure alert dogs, signal dogs, or any other non-seeing eye dog. 

The Joint Applicants submit there is no alternative means they can use to carry in the cabin 

animals other than duly trained and certificated seeing eye dogs. The Rule states unequivocally that 

only such animals may be carried, and that they may be carried only when muzzled and the passenger 

has provided training and health certificates.2 

382.117(a)(l) 

Section 381.117(a)(l) states that carriers may not deny transportation to a service animal based 

on the fact that the animal might offend or annoy carrier employees or passengers. However, Rule 

Section 4.1 (f) states clearly that Peruvian carriers cannot transport animals that disturb the crew or other 

passengers as a result of a malodorous condition, noisiness, or other condition or behavior: 

2 The Joint Applicants are not aware of a specific requirement of the Department that would require 

seeing eye dogs to be transported without muzzles. To the extent there is such a requirement, the Joint 

Applicants request a waiver to allow them to transport seeing eye dogs in the cabin only when properly 

muzzled in accordance with the Rule. 
SQUIRE, SANDERS & DEMPSEY L.L.P. 

Samuel Podberesky 

September 10, 2008 

Page4 

Animals which by their special characteristics such as bad odor, noises and others that 

may be disturbing for the rest of passengers and crew may not be admitted. (emphasis 

added) 

The prohibition set forth in Section 4.1(£) is directly contrary to the Department's requirement that the 

Joint Applicants carry animals without regard to whether they annoy or offend other passengers and 

crew in every circumstance. This restriction does not apply only to exotic or unusual animals--it applies 

equall)' to service animals, including seeing eye dogs. 

The Joint Applicants recognize there is likely to be an ele nent of subjectivity in what constitutes 

a "dis .Jrbance". As an alternative means of compliance, they w ;1 use their best efforts to resolve cases 

of dis urbance in favor of carrying the animal (provided it mee•s the other requirements of the Rule). 

However, where a conflict over a disturbance under Section 4.1 (f) cannot be resolved, the Joint 

AppE ;ants must comply with Peruvian requirements. 

382.87(a) and 382.117Cb) 

Section 382.87(a) states that carriers may not exclude disabled passengers from any seat or 

require that a disabled passenger sit in any particular seat, except to comply with safety requirements. 

Section 3 82.117(b) requires that carriers permit the service animal to accompany the passenger at any 

seat in which the passenger sits. However, Section 4.1(1) prohibits animals (including service animals) 

from being located near food to lessen the risk of contamination: 

Animals must not be placed near food embarking in any stage of the transport due to 

contamination risks. 

The Joint Applicants anticipate there will be few occasions on which they will be required to 

exclude from particular seats disabled passengers with seeing eye dogs. However, to comply with 

Section 4.1(1), it is possible that the Joint Applicants might have to restrict access to seats immediately 

adjacent to the aircraft galley to meet Section 4.1(l)'s requirements in cases where food is to be brought 

aboard the aircraft. This is contrary to the Department's requirement that seats be available to disabled 

passengers subject only to safety requirements. 

The Joint Applicants do not believe there is an alternative means of compliance that would 

permit them to locate animals near food. However, the Joint Applicants do not believe this will occur 

frequently and, if it does occur, they will minimize the number of seats affected to the extent possible. 

382.117Cd) 

Section382.117(d) requires that carriers accept identification cards, other written documentation, 

the presence of harnesses, tags, or the credible verbal assurances of the disabled passenger with respect 
Samuel Podberesky 

September 10, 2008 

Page 5 

SQUIRE, SANDERS & DEMPSEY L.L.P. 

to the animal's status as a service animal. Section 4.l(d) requires that service animals (which includes 

only seeing eye dogs) must be accompanied by a training certificate as well as a health certificate: 

If the authorizations given to the air carrier allow it, seeing eye dogs may travel in the 

passenger cabin using a muzzle throughout the flight and accompanied by its owner. 

Acceptance of these animals requires a training certificate confirming they are seeing 

eye animals, in addition to the respective health certificate. (emphasis added) 

The Rule does not pennit the Joint Applicants to accept or rely on identification cards, harnesses, tags, 

or verbal assurances; the Joint Applicants can accept only a written training certificafon. The Joint 

Applicants are also required l·y Section 4.l(d) to obtain a health certificate from the oPner before the 

animal can be transported. · 

In addition to Section 4.1(d), the Joint Applicants are required to comply with Sections 4.1(t) and 

4.2 of the Rule. Section 4.1 (l: delineates the additional identifying documentation that L required for incabin animals as well as animals transported as cargo: 

For every case there must be documents that: 

1. Identify the animals 

11. Identify the owner 

111. Specify the place of origin 

IV. Indicate the time and date of transport commencement 

v. In case of wild animals, they must have the documentation issued by INRENA 

VI. Veterinarian health certificate issued by the relevant authority (Senasa) 

(emphasis added) 

Section 4.2 requires that all animals be accompanied by a valid health certificate: 

Every import and export of live animals must be accompanied by a valid health certificate 

from the state of origin. (emphasis added) 

As a result, under Sections 4.1(d), 4.l(t), and 4.2, before the Joint Applicants can transport a 

seeing eye dog in the passenger cabin the passenger must provide (i) a certificate confirming the dog is 
Samuel Podberesky 

September 10, 2008 

Page 6 

SQUIRE, SANDERS & DEMPSEY L.L.P. 

duly trained as a seeing eye dog; (ii) identifying information related to the dog and its owner; (iii) the 

travel itinerary; and (iv) a veterinary health certificate issued by the state of origin.3 

The Joint Applicants do not believe there are alternative means to comply with Section 

3 82.117 (d)'s requirement that they accept evidence other than a training certificate in support of a 

passenger's assertion that his or her dog is a s.;:eing eye dog in view of the explicit requirements of 

Sections 4.1 and 4.2 of the Rule. 

382.117(e) 

Section 382.117(e) requires that carriers ;cccept emotional support animals or psychiatric service 

animals for transportation in the cabin provided the passenger supplies certain evidence supporting the 

animal's abilities. Sections 4.1(d) and 4.1(g) of .the Rule, however, prohibit the carriage of any animal 

in the cabin unless the animal is a muzzled seeirtg eye dog or a small, crated pet. Section 4.1 (g) states 

that only these types of animals may travel in i'w cabin. The Joint Applicants cannot cany emotional 

support or psychiatric service animals in the passenger cabin, no matter the type of documentation 

provided by the passenger. 

Sections 4.1 (d) and 4.1 (e) allow the carriage of seeing eye dogs and small, crated pets in the 

passenger cabin. Section 4.l(d) states: 

If the authorizations given to the air carrier allow it, seeing eye dogs may travel in the 

passenger cabin using a muzzle throughout the flight and accompanied by its owner. 

Acceptance of these animals requires a training certificate confirming they are seeing eye 

animals, in addition to the respective health certificate. 

Section 4.1 (e) states: 

Domestic animals (pets) with a maximum weight of six (6) kilograms may travel in their 

respective crates. 

Section 4.1 (g) makes clear, however, that no other animals are permitted in the cabin: 

Except for the provisions of paragraphs (d) and (e) of Section 4.1, no other type of animals 

may travel. (emphasis added) 

3 The Joint Applicants note that the Department's guidance on service animals states "(i]n most cases, 

airlines may not insist on advance notice or health certificates for service animals under the ACAA 

regulations." 73 Fed. Reg. 27614, 27661, May 13, 2008. Sections 4.l(t) and 4.2 of the Rule clearly 

require health certificates prior to travel. 
Samuel Podberesky 

September 10, 2008 

Page 7 

SQUIRE, SANDERS & DEMPSEY L.L.P. 

The Joint Applicants are therefore prohibited from accepting service animals for carriage in the cabin 

unless such animals are seeing eye dogs, without regard to the evidence or documentation a passenger 

might provide to support a claim that the dog is an emotional support or psychiatric service animal. 

In view of the highly restrictive nature of Sections 4.1 (d), 4.1 (e), and 4.1 (g), the Joint Applicants 

do not believe there is an alternative means of complying with Section 382.117(e)'s requirement that 

they carry non-seeing eye dogs in the passenger cabin, reg2.rdless of the documentation provided by the 

passenger. 

Conclusion 

T ACA Peru, LAN Peru, T ACA, and LACS A will continue to monitor the Peruvian 

hrovemment's regulations and, should the regulations bear ended to eliminate the restrictions described 

in this waiver request, the carriers will revise their practices accordingly to the maximum extent 

Jossible, consistent with Peruvian law. Until the Rule is modified, however, the Joint Applicants are 

prohibited from complying with various sections of Pan 382. TACA Peru, LAN Peru, TACA, and 

LACSA therefore respectfully request waivers from Part 382 to the extent necessary to permit them to 

comply with Peruvian laws and regulations, as more fully described herein. 

Very truly yours, 

~_/~IL Charles F. Donley II 

Enclosure 
MTC I DGAC Av. Zorritos No. 1213 

Lima 1-Peru 

COMPLEMENTARY TECHNICAL RULE 

CTR: NTC:AVSEC-002-2008 

DATE: JANUARY/03/08 

REVIEW: ORIGINAL 

ORIGINATED BY: AVSEC/DSA 

SUBJECT: TRANSPORT OF LIVE ANIMALS 

1. PURPOSE 

The present CTR describes the safety rules for the transport of live animals in 

the Republic of Peru. 

2. APPLIC;;BILITY 

The present CTR is applicable to every air carrier, airport operator, ~-md airport 

special servce operator, registered agent, crating manufacturer, inch 1ding every 

company or dispatcher intending to transport live animals by air in the Republic 

of Peru. 

It is also addressed to those aspects that must be taken into consideration in 

order for the animals to be transported without injuries either to them or to the 

people intervening in their care and the general public. 

3. EFFECTIVE DATE 

This CTR shall be effective commencing on its date of publication and it is of 

mandatory nature. 

4. REGULATION 

4.1. General Conditions 

a. The animals must be in good health to be transported, sick or 

wounded animals must not be transported; this does not apply to 

animals slightly wounded, or to those that although sick will not 

suffer during transport. 

b. Animals that may give birth during transport are not considered fit 

for transport. 

c. Under no circumstances may an animal travel in the cockpit of the 

flight crew. 

d. If the authorizations given to the air carrier allow it, seeing eye dogs 

may travel in the passenger cabin using a muzzle throughout the 

flight and accompanied by its owner. Acceptance of these animals 
requires a training certificate confirming they are seeing eye 

animals, in addition to the respective health certificate. 

e. Domestic animals (pets) with a maximum weight of six (6) 

kilograms may travel in their respective crate. 

f. Animals which by their special characteristics such as bad odor, 

noises and others that may be disturbing for the rest of passengers 

and crew may not be admitted. 

g. Except for the provisions of paragraphs (d) and (e) of section 4.1, 

no other type of animals may travel. 

h. Animals may be transported only in such aircraft having prepared 

and acclimatized storage compartments. 

i. Every air carrier, airpor: special service, registered agent must have 

a check list for the accFptance of live animals. 

j. It is prohibited for non authorized personnel to get near or disturb 

the animals. 

k. Rules related to the marketing of prohibited species must be well 

known and complied with. 

I. Animals must not be placed near food embarking in any stage of 

the transport due to contamination risks. 

m. Airport precincts or areas occupied by the animals must be 

disinfected every twenty four (24) hours in case they've been 

regularly used to accommodate animals. 

n. Personnel in charge of the animals must have equipment for 

personal protection to minimize any health risks, such as gloves, 

masks, hand washing with germicide soap, etc. 

o. Aircraft must be cleaned and disinfected when transporting 

quantities of live animals. 

p. Air carriers must have trained personnel and appropriate premises 

to handle animals being transported by air. 

q. Air carriers must produce a live animal's transport manual, where 

the policies and procedures (acceptance, handling, cargo and 

transport} of such activity must be specified. Such manual must be 

filed with the DGAC for its approval. 

r. The captain of the aircraft shall be notified in the NOTOC special 

form (box OTHER SPECIAL CARGO) of every living animal being 

boarded, specifying quantity and location. 
s. Air carriers are responsible to perform the transport of live animals 

according to the provisions contained in the present CTR, whether 

they're being transported as cargo or in the passenger cabin. 

t. For every case there must be documents that: 

i. Identify the animals 

ii. Identify the owner 

iii. Specify the place of origin 

iv. Indicate the time and date of transport commencement 

v. In case of wild animals, they must have the 

documentation issued by 'NRENA. 

vi. Veterinarian health cerficate issued by the relevant 

authority (Senasa). 

4.2. Import and Export of Live animals. 

a. Every import and export of live animals must be accompanied by a valid 

health certificate from the state of origin. 

b. In case of wild animals, they must have the documentation issued by 

IN RENA. 

4.3. Containers 

a. The animals shall be transported only in closed crates or containers; 

transport in open containers shall be performed with the previous 

authority from the carrier. 

b. Every container must be appropriate for the type of animal to be 

transported. 

c. It must be of easy handling for the cargo personnel and have a 

protection that prevents such personnel from being attacked by the 

animals (bites, scratches). 

d. The crates or containers must be well built and must be able to: 

i. Restrain and keep the animal inside during the entire time. 

ii. Protect the animal from non authorized access. 

iii. Prevent the accidental or intentional opening of the doors from 

inside or outside. 
iv. Support the load of other cargo that may damage or deform 

them. 

v. Have the necessary stiffness to prevent the animal from 

escaping through breathing ho!es, joints or separations. 

4.4. Labels and Marks 

a. The Freight forwarder is responsible for the necessary labeling and 

marking of every live animal container. 

b. Every label and mark for the domestic transport of live animals must be in 

Spanish and all exports must also be in English. 

c. The marks must contain at least the following information: 

i. Complete name, address and tele r>hone number of the freight 

forwarder, freight agent or person r- sponsible for the shipment. 

ii. Common and scientific name of thr-· animal. 

iii. The containers carrying animals that may cause poisonous bites 

or stings must be marked with the words "VENENOSO" 

("POISONOUS"); also animals that may cause wounds through 

the bars or ventilation holes of the container must be marked 

with the additional warning "ESTOS ANIMALES MUERDEN" 

("THESE ANIMALS BITE"). 

d. They must have at least the following labels: 

i. "ANIMALES VIVOS" ("LIVE ANIMALS") label in bright green 

letters with a light background, with dimensions of at least 1 Ox15 

centimeters and 2.5 centimeters height for the letters. 

ii. "ESTE LADO ARRIBA" ('THIS SIDE UP") bright label or black 

color with a light background, of at least 1 Ox15 centimeters. 

iii. "ANIMALES DE LABORATORIO" ("LABORATORY ANIMALS") 

label, if applicable, in bright red with a light background of at 

least 1 Ox15 centimeters. 

5. MORE INFORMATION CONTACTS 

For any technical question related to this CTR, please contact the AVSEC 

Department of DGAC, telephone I fax (511} 315-7800, extension 1653, e mail: 

avsec@mtc.gob.pe