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FAA PROPOSED RULE 
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FAA Proposed Rule: Letters Needed
Proposed Rule Could Reduce Air Travel For Dogs
In 1999 several humane and animal rights organizations promoted federal legislation to impose severe obligations on commercial airlines that carry live animals, including retrofitting cargo holds at a cost of nearly a million dollars per plane. Although the AKC has consistently supported safe air travel for dogs, we strongly opposed this legislation because its real aim and effect would have been to virtually eliminate air travel for dogs.
In the course of debate, a sensational charge that 5000 injuries and deaths of animals occurred each year was thoroughly debunked. A survey by the Air Transport Association revealed that there were only 30 such incidents among major carriers during fiscal year 1998. In a compromise, airlines were required by Congress to file reports of animal “incidents” so that the public could know how safe air travel for animals was and make up their own minds accordingly.
After adoption of the compromise, the animal rights lobbyists swung back into action, this time focused on the Department of Transportation (DOT), which would write the new regulations. (FAA is a division of DOT.) On September 27, 2002 DOT issued proposed regulations for public comment, and they are so broad that they would be almost impossible for airlines to implement. | |
| Carriers who choose to carry animals would incur substantial increased costs that would trickle down to the shipping public. For example, the proposed rule would require the airline to determine the cause of death and file a report on literally every tropical fish that died during air travel to a pet store! The proposed rule would also introduce in federal regulations reference to animal owners as “guardians.” It also raises troubling privacy issues, by requiring the name and addresses of owners (or guardians!) of every animal involved in an “incident,” and even the name of the animal itself, to be made public.
Many fanciers are aware that the AKC has been fighting for the past several years to preserve access to air travel for dogs. Several major air carriers have eliminated or severely curtailed carrying animals, at least in part because of the harassment by the animals rights community. The restrictions on air transport of dogs have adversely affected breeders, exhibitors, and ordinary dog owners who need or want to travel with their dogs. DOT’s proposed rules will make that fight even more difficult without any compensating increase in safety for animals. Therefore the AKC is asking fanciers to join us in writing comment letters to DOT objecting to the regulations as proposed and requesting changes. We can not simply ask that no regulations be issued because DOT is required by law to issue regulations. Therefore we want balanced regulations that airlines can comply with, and that will provide useful information without invading the privacy of dog owners.
Your support is needed in writing a letter to DOT. A sample letter is provided below. To guarantee that your letter will be considered, it must be received by December 27, 2002. Please take a few minutes to complete and send the sample letter or write a letter in your own words. Letters may be sent electronically or by U.S. mail, but if sent by U.S. mail, they must be sent in duplicate.
Sample Letter on FAA's Proposed Rule on Air Carriers' Reporting of Incidents Involving Animals
While you should feel free to alter the contents of your letter to reflect your own views, it is important that you use the format of the sample letter below, and include the docket number on your letter. Letters submitted by U.S. mail must be sent in duplicate. Comment letters may also be submitted electronically to the FAA Documents Management System using the following internet address: http://dms.dot.gov. Click on the “Comments/Submissions” button at top of page and follow directions to submit comments. The deadline for filing comments is December 27, 2002.
[date]
Docket Management System
U.S. Department of Transportation
400 Seventh St., SW, PL- 401
Washington, D.C. 20590-0001
Comments on Docket No. FAA-2002-13378
Ladies and Gentlemen:
[Compose a brief opening paragraph establishing the basis for your interest in the proposed rule. State your background as a breeder and/or exhibitor and/or dog owner, and the basis for your interest in shipping dogs by air, such as the fact that you ship your dog for competition purposes, for breeding purposes, or because you like to travel with your dog. Then continue with the letter as below.]
Because of my interest in and involvement with purebred dogs, I am very committed to safe air travel for dogs. However, I am also very concerned that the government not create regulations that discourage air carriers from transporting dogs, or that unnecessarily increase the cost and red tape to the public of shipping dogs by air. I believe that the FAA’s proposed rule is overly broad, and could create a burden on air carriers that could cause them to restrict or eliminate carriage of animals. It could also result in the imposition of unnecessary costs on the public who ship dogs. I believe the FAA’s proposed rule should be modified in the following ways:
1. It is not practical for airlines to report incidents of loss, injury or death to all warm and cold blooded animals, as currently proposed by the FAA. For example, this would require air carriers to assess the health of tropical fish, reptiles, scorpions, and many other species. If air carriers are required to do this, more of them may decide to embargo carrying animals at all, such as some “low cost” carriers already do. This would be detrimental to the very public whose interests this rule is designed to serve. I believe that the reporting of incidents should be restricted to dogs and cats only. These are the species that were of concern to Congress in the consideration of the underlying legislation that led to this rule.
2. I believe that the proposed rule defines “incident” too broadly. A carrier should be required to initiate an investigation and file a report only when a complaint of loss, injury or death of a dog or cat has been filed by the owner or shipper.
3. I am concerned about the privacy of persons who ship dogs and cats which may be involved in an incident, as defined by the FAA. I believe the FAA rule should make clear that only the number, nature, and cause of incidents should be publicly reported. Information about the name of the owner and the name of the animal involved in the incident should not be included in information about incidents which is reported to or made available to the public.
4. I object to the use of the word “guardian” in the proposed rule. “Guardian” is a meaningless term, and reflects a political agenda that is not relevant to this issue. This word is unnecessary. Reports should list the animal’s owner and/or the consignor and consignee of the shipment.
I understand that the American Kennel Club (AKC) will submit a more detailed and comprehensive comment letter on this proposed rule. The AKC’s objectives are to assure safe travel for animals while assuring access to air travel at reasonable cost to the public. I agree with those objectives, and would like to associate myself with the comments of the AKC.
I strongly urge the FAA to modify the proposed rule by taking into account the comments above and those of the AKC. Thank you for your attention to my letter.
Sincerely yours,
[signature]
[name]
[address, if not shown elsewhere]
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