FEDERAL EXPRESS AND POST OFFICE CONTRACTUAL AGREE ON CARRING LIVES

Federal Express and the US post office have reached a contractual agreement on carrying “LIVES”. Starting on September 25, Federal Express has taken over the routs previously served by Kitty Hawk (see below for a listing). This is a contractual arrangement through the post office only as Federal Express will not take “LIVE” shipments directly. You will need to deliver your birds to a post office – not a Federal Express Office. If you experience any problems with this new service, please contact your postal official, not Federal Express.
At the present time the Post Office will only have Federal Express transport “LIVES” to and from the USPS AMFs listed below. As Federal Express gains more experience, other AMFs will be added to the routs. The full Priority Mail Network effective date has yet to be determined. Commercial airlines are still carrying lives.
BSA is still working to put the temperature guidelines in place by regulation or legislation. BSA is also investigating the problems that shippers have experienced with insurance. We will keep you posted on our progress.
USPS AMF ACCEPTING “LIVES” FOR TRANSPORTATION BY FEDERAL EXPRESS
Atlanta GA (ATL)
Austin TX (AUS)
Baltimore MD (BWI)
Boston MA (BOS)
Buffalo NY (BUF)
Charlotte NC (CLT)
Cincinnati OH (CVG)
Cleveland OH (CLE)
Columbus OH (CMH)
Denver CO (DEN)
El Paso TX (ELP)
Hartford CT (BDL)
Jacksonville FL (JAX)
Kansas City MO (MCI)
Los Angeles CA (LAX) (To include Express Lives from Burbank CA (BUR))
Louisville KY (SDF)
Memphis TN (MEM)
Milwaukee WI (MKE) (To include Express Lives from Madison WI (MSN))
Minneapolis/St. Paul (MSP) (To include Express Lives from Rochester MN (RST))
Nashville TN (BNA)
Norfolk VA (ORF)
Oakland CA (OAK)
Omaha NE (OMA)
Ontario CA (ONT)
Orlando FL (MCO)
Philadelphia PA (PHL)
Phoenix AZ (PHX)
Pittsburgh PA (PIT)
Portland OR (PDX)
Richmond VA (RIC)
Salt Lake City (SLC)
San Diego CA (SAN)
San Francisco CA (SFO)
Seattle WA (SEA)
Sioux Falls SD (FSD)
Tulsa OK (TUL)
PRIORITY ORIGINATING AND DESTINATING EXCEPTIONS
St. Louis MO (STL) Zip Codes (620, 622-631, 633-639)
Springfield MO (SGF) Zip Codes (648, 654-658)
DESTINATIONS FOR WHICH THERE IS NO FRIDAY PRIORITY RETAIL ACCEPTANCE
Shreveport LA (SHV) Zip Codes (710-714)
Oklahoma City OK (OKC) Zip Codes (730, 731, 734-738, 748)
Tulsa OK (TUL) Zip Codes (740, 741, 743-747, 749)
Houston TX (IAH) Zip Codes (773-778)
AREA WHERE NO PRIORITY LIVES WHEN TEMPERATURE IS ABOVE 85 DEGREES F.
No Priority lives on FedEx to and from these locations if the forecast daytime temperature for the route between those cities and Memphis TN (MEM) is 85 degrees F or higher. These are truck routs over four hours in duration.
Birmingham AL (BHM) Zip Codes (350-352, 354-359, 362)
Jackson MS (JAN) Zip Codes (369, 390-393, 396, 397)
Nashville TN (BNA) Zip Codes (370-372, 384, 385)
LIVES EXCEPTION LIST
Lives may not be transported on FedEx as Priority mail to (destinating in) delivery locations served by the following airports.
Charleston WV (CRW) Zip Codes (246-253, 258, 259, 261, 266)
Lives may not be transported on FedEx as Express mail to (destinating in)
or from (originating in) locations served by the following airports.
Bangor ME (BGR) Zip Codes (044, 046)
Presque Isle ME (PQI) Zip Codes (047)
Elmira NY (ELM) Zip Codes (148-149)
Chattanooga TN (CHA) Zip Codes (373-374)
Traverse City MI (TVC) Zip Codes (496)
Fedex will not accept Express Lives going to these destination.
Huntsville AL (HSV) Zip Codes (356-358)
St. Louis MO (STL) Zip Codes (620, 622-624, 628-631, 633, 634, 636-639, 650-653
EXPRESS ORIGINATING AND DESTINATING EXCEPTIONS
Lives may not be transported on FedEx as Express mail from (orig\inating in) locations served by the following airports.
Bismarck ND (BIS)
Bozeman MT (BZN)
Cumberland MD (CBE)
Durango CO (DRO)
Eugene OR (EUG)
Fairbanks AK (FAI)
Kalispell MT (FCA)
Medford OR (MFR)
Minot ND (MOT)
Missoula MT (MSO)
Pasco WA (PSC)
Pocatello ID (PIH)
Rapid City SD (RAP)
Redmond OR (RDM)
Rock Springs WY (RKS)
Salisbury MD (SBY)
St. Louis MO (STL)
Twin Falls ID (TWF)
Wenatchee WA (EAT)
Yakima WA (YKM)

WE NEED YOUR HELP WITH PENDING LEGISLATION

The ability to ship poultry to you is being threatened by unwarranted accusations from animal rights groups AND the inability of the Post Office and their air carriers to deliver our products in a timely and efficient manner.
The following is a summary of the legislation Senator Chuck Grassley (R-Iowa) introduced in the U.S. Senate on Friday, March 10th. The three points Senator Grassley makes, as well as information regarding avian influenza (Bird Flu), are extremely important to the continued success of shipping live poultry through the U.S. Postal System.
We need your help, and the help of your friends, to make this proposal – law. For your convenience we have set up a webpage We need your help. Write your Senator today. where you can print a custom letter to be Mailed or Faxed to each of your Senators. If you feel strongly about your right to receive birds through the mail, or your business or hobby would endure severe hardships if you could not receive birds, please take the time to submit your letter. All of us in the bird shipping business greatly appreciate your help in this most important issue.
Thank you.
Murray McMurray, Chairman
Bird Shippers of America
LEGISLATION INTRODUCED IN THE U.S. CONGRESS TO ADDRESS PROBLEMS IN SHIPPING BIRDS BY AIR MAIL – YOUR HELP IS NEEDED
On March 9, 2006, Senator Charles E. Grassley (R-IA), Chairman of the Senate Finance Committee, introduced S. 2395 that specifically addresses three major problems that face bird shippers that transport birds by mail:
1. Mandating that any air carrier that has a contract to ship mail must carry poultry as mail unless it commonly and regularly refuses to carry any animals as cargo.
This provision specifically refers to Federal Express (FedEx) that took over the Eagle Service previously run by the United States Postal Service (USPS). In a response to a letter from the USPS that FedEx must take birds as mail, FedEx took the legal position that it was not covered by the previous passed statute mandating the carrying of birds by mail because the statute states, inter alia, that “the Postal Service may require any air carrier to accept as mail shipments of day-old poultry and such other live animals as postal regulations allow to be transmitted as mail matter. The authority of the Postal Service under this subparagraph shall not apply in the case of any air carrier who commonly and regularly refuses to accept any live animals as cargo. [Emphasis added]. 39 USC § 5402(d)(2)(A). FedEx maintains that it “commonly and regularly” refuses “accept any live animals as cargo.” Id. Factually, this is not true as FedEx does carry all types of animals except dogs, cats and bees. Consequently, the provisions states that if the air carrier transport any animals by cargo, it must take birds by air mail.
2. Mandating that air carries will guarantee delivery of mail form point of origin to final destination.
This provision addresses the problem where Delta Airlines unilaterally announced to the USPS that it would not longer take transfers of lives. You could ship from A to B but not from A to B to C. It has been reported that some other air carriers have taken a similar position on certain routes. If the air carrier has a mail contract, this provision guarantees delivery.
3. Mandating that air carriers shall accept and carry birds as air mail when the outside temperature is between 0 degrees Fahrenheit (-17.77 degrees Celsius) and 100 degrees Fahrenheit (37.77 degrees Celsius) from point of origin through the point of destination.
In the past, airlines have notified the USPS that they will not carry lives when the temperature reaches 85 degrees Fahrenheit (F). Although the industry and the Department of Agriculture have informed the airlines and the USPS that that standard should not apply to day old chicks, USPS and the airlines ignore the science based conclusions and continue to rely on guidelines set under the Animal Welfare Act for dogs and cats: “The ambient temperature…must not rise above 85 deg. F. (29.5 deg. C) for more than 4 consecutive hours when dogs and cats are present.” [Emphasis added]. 9 CFR § 3.2 (a). This standard is inappropriate for several legal, scientific and practical reasons.
Firstly, “poultry” is exempt for the Animal Welfare Act and the regulations there under. 7 USC § 2132(g); 9 CFR § 1.1.
Secondly, the regulation has time restrictions that, in practice, would not apply to the shipment of day-old chicks in that shippers deliver the shipments in a manner for timely air transport so there will not be extended delay before scheduled airplane departures and arrangements are made for immediate pick-up at the delivery point.
Thirdly, is the scientific consideration that the 85 degree F is an inappropriate temperature level to deny shipment of day-old chicks in that the chicks are hatched in 95 to 100 degrees F and should be kept at 95-100 degree F for up to one week of age, gradually reducing it each week. Consequently, 85 degrees F and above is not harmful to the health and safety of day day-old chicks in air transit. At the lower end of the temperature, experience in the industry indicates that shipments of day-old chicks does not result in mortality if timely delivered.
One other issue has been raised regarding shipments of poultry – the H5N1 strain of avian influenza. In a letter dated November 21, 2005, Wayne Pacelle, President and CEO of Humane Society of the United States (HSUS), wrote Postmaster General John E. Potter citing “long-standing concerns” of the practice of the air mail of birds because of the “sever humane implications for millions of birds mailed across the county every year.” Pacelle also stated that the shipping of day-old chicks currently “warranted attention on the possibility of a worldwide pandemic related to avian influenza.”
Citing the discretionary aspect of legislation previously passed by the Congress that mandates air carriers to accept live animals as mail if the carrier, Pacelle urged the USPS to immediately rescind its current policy of requiring airlines to accept live day-old chicks for shipment. 39 USC § 5402(e)(2)(A). BSA under took research on the matter and obtained opinions from various avian health pathologists and veterinarians that, to date, there is not sufficient data to cause any drastic action resulting in a ban of interstate commerce in shipping day-old birds. More significantly, however, there is no scientific evidence any where in the world to indicate that day-old birds have been a carrier of the H5N1 strain of avian influenza. Senator Grassley addressed that issue, as well as the other points discussed above, in his statement on the Floor of the Senate when he introduced S. 2395:
Mr. President I rise to introduce legislation that would address the concerns related to the shipping of live birds through the United States Postal Service. I introduced a similar bill during the 107th Congress with bi-partisan support. It was included in Public Law 107-67. This bill should close some loopholes that some of the airlines are using to avoid the timely shipping of day-old baby chicks.
Some members of the airline industry stated that they commonly and regularly refuse to transport shipments of some species of live animals for its regularly scheduled cargo service and, therefore, can refuse to carry any live animals by mail under existing law. My bill will make the law apply to “any air carrier that commonly and regularly carries any live animals as cargo,” thus making sure that if the air carrier does ship any live animals as cargo, it will be required to ship animals as mail.
There have been accusations that the shipping of day-old poultry could spread avian influenza. I have received information from Avian Health Veterinarians and they have informed me that avian influenza is not an egg transmitted disease. There are no reports of day-old poultry from infected breeders being infected with avian influenza when they hatch.
Poultry health specialists have been examining the vertical transmission, or parents-to-chicks via the egg of avian influenza, for more than 30 years. Studies looking at the avian influenza have consistently failed to reveal evidence of avian influenza virus infections in newly hatched chicks from infected parent flocks.
This clearly shows that day-old poultry are not likely to be naturally infected. So the risk of transmitting avian influenza through shipment of day-old poultry is not an issue.
This bill would also address two other problems that have caused an adverse economic impact to bird shippers. First, the bill requires air carriers
that take poultry as mail, to transfer such shipments so that the shipper is guaranteed that the shipment will reach its ultimate destination.
Second, it requires an air carrier to take shipments of poultry as air mail when the outside temperature is between 0 degrees Fahrenheit -17 degrees Celsius and 100 degrees Fahrenheit or 37.77 degrees Celsius from point of origin of the shipment through the point of destination. These temperature parameters are accepted by avian veterinarians as safe and humane.
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Although the U. S. Constitution and federal statutes enacted by the Congress mandate and guarantee that postal patrons receive “prompt, reliable and efficient” postal service “to all communities,” this is certainly not been the recent experience of the postal patrons within the poultry and game bird industry. S. 2395 can correct that situation. However, there is no doubt that this legislation will be vigorously opposed by the air carriers as well as the animal rights organizations. Therefore, it is imperative that members of the bird shipping industry – producers and customers – write their respective Senators urging, not only their support of S. 2395, but request them to co-sponsor the bill. Only through a vigorous grass-roots effort can we be successful.
Following is a suggested letter, however, use your own words and give examples of the problems your particular business has encountered as a result of postal and airline policies. Feel free to use any of the above information in your correspondence. If you can visit the Senator’s District office in your state and speak to a member of the Senator’s staff, so much the better.
Your contact is important and, since you are a constituent of your Senator, your opinion will be considered.

New Postal Contact for ‘Live’ Shipment Issues

Bird Shippers,
We have been asked by John Bonafilia, USPS, to please start using Joel Rosen as the official postal employee to deal with all issues dealing with “LIVE” shipments. Joel has taken this job over from John. Joel can be reached at: 202-268-4329. Thank you all in your consideration of this matter.
Murray

Kitty Hawk Air Transport

The USPS has just announced a new contract with Kitty Hawk Air Transport which is scheduled to begin November 21, 2005. It is for the carriage of “Lives” only and will carry a surcharge of $1.00 per pound.
After all of the shipping problems of this past season we, the Bird Shippers of America, are glad to see our efforts rewarded and pleased to know that the U.S. Postal Service is making an effort on behalf of us who ship lives to help solve our problems.
Kitty Hawk Points of Origin: MEM, BNA, JAX, MCO, SFO, SAN, PHX, LAS, ELP, AUS, CMH, CLE, CLT, PIT, PHL, SDF, SEA, PDX, DEN, OMA, MCI, BUF, BDL, BOS, FWA, MKE, STL, RIC, ORF, and BWI
Kitty Hawk Destinations: SAN, DEN, BWI, LAX, ELP, SJU, MCO,PDX, PHL, CLT, SFO, IAH, BOS, ORD, DTW, PIT, MKE, CLE, SDF, CVG, LEX, ORD, SLC, LAS, BUF and GRR

GREAT NEWS!!

BSA has consistently taken the position that Federal Express was covered by the statute that mandates that any airline that has a mail contract with the USPS must carry “day-old chicks and such other live animals as postal regulations allow” unless the carrier “commonly and regularly refuses to accept any live animals as cargo.”
BSA has demonstrated to the USPS that Federal Express does, in fact, accept live animals as cargo (with the exception of dogs, cats and bees.) The United States Postal Service now agrees with BSA and has informed Federal Express that within sixty (60) days it must accept live animals for air mail delivery.
We will keep you informed of the progress of this most important work.

Latest USPS Updates

This is the most recent communication with the USPS and their latest proposal:
Just wanted to give you an update and get your feedback on the following. As you know, the spring mailing season for lives was extremely trying – loss of air transportation with Delta airlines severely restricted the ability of USPS to move lives, coupled with the suspensions of American & US Air, the movement of lives was challenging to say the least. Things have not gotten any better. I received notification last week from US Airways effective October 1; they will no longer accept lives as cargo or mail. This is a result of their merger with America West. America West will manage the partnership and they do not accept lives.
As I’ve mentioned to a few of you on many occasions, I have been involved in negotiations with a cargo carrier to provide much needed lift to the industry, however, this lift comes at a cost. As you know, Northwest Airlines requires a $1.00 surcharge to transport lives. The cargo carrier will require a $.99 surcharge should we contract with them.
They will take lives out of the following markets:
Memphis
Nashville
Jacksonville
Orlando
Honolulu
San Francisco
San Diego
Phoenix
El Paso
Austin
New Orleans
Columbus, OH
Cleveland
Charlotte
Pittsburgh
Philadelphia
Louisville
Anchorage
Seattle
Portland, OR
Denver
Omaha
Kansas City
Buffalo
Albany
Springfield/Hartford
Boston
Fort Wayne, IN
Milwaukee
St. Louis
Richmond
The sites above were provided by each postal area where lift is either limited or non-existent. Where it is limited, the surcharge would apply to all carriers in that market. The cargo carrier only goes to 65 destinations, however, in most cases, they can get your product close to home – USPS may be in a position to truck the remaining distance. Movement of lives on this cargo carrier would be coordinated through their web site – a reservation system if you will. USPS employees would reserve space the cargo carriers’ planes – the lives industry would be required to coordinate shipments with local postal folks.
John C. Bonafilia
Manager, Commercial Air Operations
United States Postal Service
475 L’Enfant Plaza, SW
Washington, DC 20260-7137
202-268-2784

Shipping Survey

August 2, 2005
Dear BSA Member:
As all of us are very much aware 2005 has been, for many of us, a very difficult year to ship our birds. There have been numerous complications – some of which have been solved and others of which still need a great deal of work.
Our organization has been contacted by one of the major airlines. They are interested in the possibility of carrying more of our industries “lives” then they presently have the opportunity to carry. At this infant stage, they are very optimistic about exploring this additional business. I know this sounds very encouraging, and it is, but like everything else in this industry it will take some time to develop.
They have asked us for some information concerning our group’s shipping history which will aid them in deciding the feasibility of such. If you would please take this opportunity to complete the very brief survey below it will be of great benefit to us. I am sorry, but we need to have this survey returned to us prior to August 12th so we can tabulate figures for the airline. Please be as accurate as possible.
Thank you very much for your cooperation in this most important matter.
Sincerely,
Murray J. McMurray, Chairman BSA

SHIPPING SURVEY

Please copy this survey to an email, fill it out and email to survey@birdshippers.org
Please include your name and address.
1) Packages mailed per month?
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2) Average weight of package?
3) What airport does your Post Office use to ship out your birds?

Lobbyist Update as of June 26th, 2005

Postal Shipping Update
As many of you well know, there has been basically a total melt-down of service of air mail shipments of birds resulting in serious economic problems for shippers of poultry and their customers. Some operations have, in fact, had to cease business as they could no longer make business commitments for timely shipments as well as shipments being delayed causing death prior to delivery or irreversible health problems to the birds even if they arrived alive. Below are some of the problems that cumulatively have resulted in the nationwide problems.
*Delta Airlines unilaterally announced to the USPS that it would not longer take transfers of lives. You could ship from A to B but not A to B to C. Although the USPS is looking at the matter as being in conflict with its contract with Delta to take air mail, as a practical matter such service no longer exists from Delta as it has dismantled its hubs. To “fill the gap,” USPS contracted with Airborne to take “lives.” Airborne, in turn, subcontracted with Northwest Airlines (NW) to carry lives from various cities throughout the country. [NW already had a separate contract with USPS to carry lives from Minneapolis-St. Paul and Detroit under a surcharge arrangement. NW dropped its previous airmail contract since its share of the airmail market went from 12% to 2% under a bid contract policy that replaced negotiated contracts]. Somehow the negotiations for that service did not materialize and NW is not carrying lives for Airborne, although negotiations are still “in the works.”
*U.S. Airways and American Airlines had their respective air mail contracts temporarily suspended due to poor service. A test period was imposed to seek improvement of service. Although the service has improved, the full service from these air lines in still not in place.
*Recently, USPS issued a directive for Express Mail stating that shippers of lives had to go to certain cities to send their shipments rather than just going to their local post office. BSA is pleased to report that as of June 24th, this policy has been terminated due to the extreme hardship imposed on shippers.
*As in the past, airlines have notified the USPS that they will not carry lives when the temperature reaches 85 degrees F. Although the industry and the Department of Agriculture have informed the airlines and the USPS that that standard should not apply to day old chicks, USPS and the airlines ignore the science based conclusions.
*Insurance of shipments is not consistent. Shippers have had claims denied because the birds arrived late but alive but subsequently died. Shippers have been denied insurance at one post office but were able to obtain it at another.
*Shippers cannot guarantee that they will be able to ship to certain zip codes as it changes from week to week. The “reason” is that the USPS is notified by the airlines the equipment available on given routes at given times. Some of the smaller aircraft will not accommodate lives.
*One of the biggest problems involves Federal Express (FedEx) that took over the Eagle Service previously run by the USPS. FedEx took the legal position that it was not covered by the statute that states, inter alia, that “the Postal Service may require any air carrier to accept as mail shipments of day-old poultry and such other live animals as postal regulations allow to be transmitted as mail matter. The authority of the Postal Service under this subparagraph shall not apply in the case of any air carrier who commonly and regularly refuses to accept any live animals as cargo. [Emphasis added]. 39 USC § 5402(d)(2)(A). FedEx maintains that it “commonly and regularly” refuses “accept any live animals as cargo.” Id. Factually, this is not true as FedEx does carry all types of animals except dogs and cats. In fact, if one goes to the FedEx website, there is a number for the Live Animal Desk! The USPS, however, did, in fact, contractually exempt FedEx from the statutory provision.
Where do we go from here?
BSA has made contact with Members of the Congress looking toward assistance in resolving these problems either administratively or legislatively. In addition, meetings will be held with industry representatives, the USPS and Congressional representatives. We are looking for more that a “band aid” fix; rather, a permanent solution so 2005 shipping season will not be repeated.
The U. S. Constitution and the statutes enacted by the Congress mandate and guarantee that postal patrons receive “prompt, reliable and efficient” postal service “to all communities.” The is not the case in the current situation as it relates to the postal patrons within the poultry and game bird industry throughout the country but BSA will make every effort to “make it so.”
Stephen Boynton, Lobbyist

Transportation Update as of June 6, 2005

According to the U.S. Postal Service (USPS) the following is transpiring:
1. American Airlines and U.S. Air are still in a test mode to determine if they will retain their respective air mail contracts that were temporarily terminated for poor performance. Results are encouraging and a decision by the USPS on American will be made in mid-June.
2. A proposal from a cargo carrier for the transport of “lives” throughout the country has been received – rates are lane specific. It is being evaluated as to where they can best be utilized and a meeting with the carrier and USPS is scheduled for June 17th.
3. Northwest Airlines has a separate contract with the USPS to carry lives from Minneapolis-St. Paul (MSP) and Detroit (DTW) at a $.80 per pound additional surcharge. It signed a subcontract with Airborne for carrying “lives.” They began their five (5) city test on May 28th and expand cities in thirty (30) days. The five (5) hubs are: Minneapolis-St. Paul (MSP), Detroit (DTW), Memphis (MEM), Los Angeles (LAX), & San Francisco (SFO). [Note: Airborne does not currently accept “lives,” however, they are reconsidering their position. If Airborne does accept lives it will open up a very large area for our transportation of “lives”].
4. Delta unilaterally determined it would not take transfers of airmail. It would ship from A to B but not A to B to C. BSA believes that this decision is in conflict with the legislation that BSA was instrumental in obtaining that basically says that “if you tote the mail by air, you tote all the mail to its destination.” USPS informs BSA that it is looking into the legal aspects of the policy.
Steve Boynton, Lobbyist

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