8268 Federal Register / Vol

8268 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations

compliance with FAA directives. instrument approach procedures to service animals in air transportation Interested parties were invited to Potosi Washington County Airport, MO. from the United States (U.S.) to the participate in this rulemaking United Kingdom (U.K.). These List of Subjects in 14 CFR Part 71 proceeding by submitting written guidelines address the differences comments on the proposal to the FAA. Airspace, Incorporation by reference, between U.K. laws regulating the No comments objecting to the proposal Navigation (Air). transport of service animals on flights were received. Adoption of the Amendment into the U.K. and U.S. law with respect to the carriage of service animals in air The Rule I In consideration of the foregoing, the transportation. U.K. laws affecting the This rule amends Title 14 Code of Federal Aviation Administration transport of service animals in air travel Federal Regulations part 71 by amends 14 CFR part 71 as follows: differ significantly from the establishing a Class E airspace area requirements of the Air Carrier Access PART 71—DESIGNATION OF CLASS A, extending upward from 700 feet above Act (ACAA), 49 U.S.C. 41705, and its CLASS B, CLASS C, CLASS D, AND the surface at Potosi Washington County implementing regulation in 14 CFR Part CLASS E AIRSPACE AREAS; Airport, MO. The establishment of Area 382, resulting in uncertainty for carriers AIRWAYS; ROUTES; AND REPORTING Navigation (RNAV) Global Positioning and persons with disabilities about the POINTS System (GPS) Instrument Approach requirements that apply on flights into Procedures (IAP) to Runways 2 and 20 I 1. The authority citation for part 71 or transiting the U.K. have made this action necessary. The continues to read as follows: The purpose of this guidance intended effect of this action is to Authority: 49 U.S.C. 106(g), 40103, 40113, document is to assist U.S. and foreign provide adequate controlled airspace for 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– carriers, as well as passengers with Instrument Flight Rules operations at 1963 Comp., p. 389. disabilities, in complying with both U.S. Potosi Washington County Airport, MO. and U.K. regulations concerning the I The area will be depicted on 2. The incorporation by reference in transport of service animals on flights appropriate aeronautical charts. 14 CFR 71.1 of Federal Aviation from the U.S. to the U.K. by: (1) Administration Order 7400.9P, dated Class E airspace areas extending Explaining the procedures passengers September 1, 2006, and effective upward from 700 feet or more above the must follow to comply with the U.K.’s September 15, 2006, is amended as surface of the earth are published in Pet Travel Scheme (PETS); (2) follows: Paragraph 6005 of FAA Order 7400.9P, explaining the procedures U.S. and Airspace Designations and Reporting Paragraph 6005 Class E airspace areas foreign carriers must follow to obtain an Points, dated September 1, 2006, and extending upward from 700 feet or more approved Required Method of Operation effective September 15, 2006, which is above the surface of the earth. (RMOP) from the U.K.’s Department for incorporated by reference in 14 CFR * * * * * Environment Food and Rural Affairs 71.1. of the same Order. The Class E ACE MO E5 Potosi, MO (DEFRA); and (3) notifying both U.S. and foreign carriers operating flights airspace designation listed in this Potosi, Washington County Airport, MO document will be published (Lat. 37°55′45″ N., long. 90°43′53″ W.) between the U.S. and the U.K. that subsequently in the Order. That airspace extending upward from 700 failure to obtain an approved RMOP The FAA has determined that this feet above the surface within a 6.4-mile from DEFRA will be considered a regulation only involves an established radius of Potosi, Washington County Airport, violation of the ACAA and may subject body of technical regulations for which MO. such carriers to enforcement action by frequent and routine amendments are * * * * * the U.S. DOT. necessary to keep them operationally Issued in Fort Worth, TX, on February 14, ADDRESSES: This guidance document is current. Therefore, this regulation—(1) 2007. available on the Department’s Web site is not a ‘‘significant regulatory action’’ Walter Tweedy, at http://airconsumer.ost.dot.gov/ and under Executive Order 12866; (2) is not Manager, System Support Group, ATO future updates or revisions will also be a ‘‘significant rule’’ under DOT Central Service Area. posted there. Questions regarding this Regulatory Policies and Procedures (44 [FR Doc. 07–805 Filed 2–23–07; 8:45 am] notice may be addressed to the Office of FR 11034; February 26, 1979); and (3) the Assistant General Counsel for BILLING CODE 4910–13–M does not warrant preparation of a Aviation Enforcement and Proceedings, Regulatory Evaluation as the anticipated C–70, 400 Seventh Street, SW., Room impact is so minimal. Since this is a DEPARTMENT OF TRANSPORTATION 4116, Washington, DC 20590. routine matter that will only affect air FOR FURTHER INFORMATION CONTACT: traffic procedures and air navigation, it Office of the Secretary Kathleen Blank Riether, Attorney, Office is certified that this rule will not have of the Assistant General Counsel for a significant economic impact on a 14 CFR Part 382 Aviation Enforcement and Proceedings, substantial number of small entities 400 Seventh Street, SW., Washington, under the criteria of the Regulatory Guidance Concerning the Carriage of DC 20590; (202) 366–9342; e-mail Flexibility Act. Service Animals in Air Transportation [email protected]. This rulemaking is promulgated Into the United Kingdom Introduction under the authority described in AGENCY: Office of the Secretary, Subtitle VII, Part A, Subpart I, Section Department of Transportation (DOT). Service animals perform many tasks 40103. Under that section, the FAA is ACTION: Notice of guidance concerning to improve the quality of life and charged with prescribing regulations to the carriage of service animals in air independence of persons with assign the use of the airspace necessary transportation from the United States to disabilities. Accordingly, the ability to to ensure the safety of aircraft and the the United Kingdom. travel with a service animal is critically efficient use of airspace. This regulation important to those passengers who rely is within the scope of that authority SUMMARY: This notice publishes on them to assist with their disabilities. since it contains aircraft executing guidance concerning the carriage of For health and safety reasons, until

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February 2000, all animals traveling into in the passenger cabin, particularly on became effective on October 1, 2004, the U.K. were subject to quarantine for long haul flights such as those from the implementing and enforcing the EU six months. From February 2000 to U.S. to the U.K. We found that there regulation in England only. The other April 2004, U.K. law allowed certain were many complexities involved in the regions within the U.K., Scotland, Wales animals to enter the U.K. without a six- transport of service animals in the and Northern Ireland, each have their month quarantine, but required, among passenger cabin on flights into the U.K. own PETS regulations. However, as of other things, that they travel in a sealed and concluded that guidance for foreign January 1, 2007, the only DEFRA- kennel on flights into the U.K. In April and U.S. carriers, as well as passengers approved routes for service animals to 2004, U.K. laws were changed to remove with disabilities, was needed to clarify enter the U.K. from the U.S. are into the requirement that dogs and cats their respective rights and England, primarily through the London meeting the requirements of the U.K.’s responsibilities under the ACAA and Gatwick and London Heathrow airports. Pet Travel Scheme (PETS) must be Part 382 in the context of U.K. laws and NCMPAR 2004 outlines the transported in a sealed kennel when agency guidance. responsibilities and conditions that traveling by air into the U.K. carriers and passengers must meet to Background Consequently, airlines could seek comply with the EU and U.K. approval to legally transport PETS- Until 2000, all animals traveling into regulations with respect to the transport compliant animals in the aircraft the U.K. were subject to a six-month of dogs, cats and ferrets into England. passenger cabin for the first time, quarantine upon entry in order to Carriers seeking approval to participate opening the door for carriers to comply ensure that they were not contaminated in PETS must submit written with many of the U.S. service animal with rabies. On February 28, 2000, the procedures to DEFRA for transporting requirements on flights into the U.K. U.K. implemented the Pet Travel these animals into England from listed U.S. service animal requirements are Scheme (PETS), a regulatory plan countries on specific routes in based on the ACAA, which was enacted administered by the U.K.’s Department accordance with NCMPAR 2004. Listed in 1986 to prohibit U.S. carriers from for Environment, Food and Rural Affairs countries, which include the U.S., are discriminating against air travelers on (DEFRA), that allows certain animals those from which the movement of the basis of disability. The ACAA was holding appropriate documentation and animals into the EU Community under amended in 2000, by the Wendell H. transported by an approved air carrier— the Pet Travel Scheme may be Ford Aviation Investment and Reform initially dogs and cats, and as of July authorized, provided that certain Act for the 21st Century (AIR–21), Pub. 2004 also ferrets—from certain countries requirements are met, under regulation L. 106–181 (April 5, 2000), to to enter England without a six-month (EC) No. 425/2005. See DEFRA’s Web specifically cover foreign carriers. The quarantine as long as the animals are site for listed and non-listed countries at Department’s rule implementing the identified by microchip, vaccinated http://www.defra.gov.uk/animalh/ ACAA, 14 CFR Part 382 (Part 382), against rabies, blood tested (except quarantine/pets/regulation/eu_reg.htm. which was adopted in 1990, does not by ferrets), and treated against certain Passengers wishing to transport dogs, its terms address foreign carriers. parasites. cats and ferrets into England and U.K. However, DOT’s Office of the Assistant In May 2003, European Union airports that opt to accept such animals General Counsel for Aviation Regulation (EC) No. 998/2003 also have responsibilities that they must Enforcement and Proceedings established the current health meet. Passengers are obliged to take (Enforcement Office) gave notice, on requirements for animals traveling specific steps to ensure their animals May 18, 2000, of its intent to use Part under the Pet Travel Scheme between meet PETS health requirements before 382 as guidance in applying the ACAA European Union (EU) member states or entering the U.K. U.K. airports must to foreign carriers until that rule is into a member state from third establish an onsite DEFRA-approved amended to cover those carriers. In countries, superseding the earlier U.K. animal reception center (ARC) facility in November 2004, DOT published a laws. The EU regulation allows the U.K. order to participate in PETS. An animal proposed rule to modify Part 382 to to broadly continue its domestic Pet reception center is a facility located at cover foreign carriers. The Department Travel Scheme for dogs and cats and the airport and operated by a public or expects to complete that rulemaking in covers import requirements for some private sector organization for the 2007. other species, including ferrets. It purpose of verifying the PETS DOT has received a number of should be noted that the Council of the compliance status of animals arriving on complaints against foreign and U.S. European Union subsequently adopted a flights into the U.K. before they deplane carriers from passengers alleging community regulation on July 5, 2006, or are removed from the cargo area. unlawful discrimination under the concerning the rights of disabled Animals found not to be PETS- ACAA because they were prevented persons and persons with reduced compliant are detained at the ARC until from traveling into the U.K. with their mobility when traveling by air, which they can be transferred to a quarantine service animals. DOT has also received will apply to commercial carriers flying facility or removed from the country. inquiries from members of the U.S. into, from, or through an airport situated Although PETS now allows dogs, cats, Congress on behalf of their constituents in an EU member state. The regulation, and ferrets to enter the U.K. without a on this issue. Among a number of effective July 26, 2008, will require six-month quarantine and without being actions taken in response to these carriers to transport recognized sealed in a kennel, from February 2000 complaints and inquiries, the assistance dogs in the aircraft cabin free to April 2004, PETS required the Department (1) Investigated several U.S. of charge, subject to national legislation. animals to travel in a sealed kennel on and foreign carriers; (2) reviewed See http://eur-lex.europa.eu/ flights into England. Given the space relevant European Union (EU) and U.K. LexUriServ/site/en/oj/2006/l_204/ constraints in the aircraft cabin, laws and agency guidance documents; l_20420060726en00010009.pdf. participating carriers (i.e., carriers (3) consulted with members of the U.K. Following the adoption of the 2003 approved by DEFRA for transporting government; and (4) spoke with an EU regulation, the U.K. Parliament PETS-compliant animals) would only international working group seeking to passed the Non-Commercial Movement transport such kennels in the cargo hold establish consensus on best practices for of Pet Animals (England) Regulations of the aircraft. This restriction transporting guide and assistance dogs 2004 No. 2363 (NCMPAR 2004), which discouraged persons with disabilities

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from traveling from the U.S. to the U.K. obtain DEFRA approval to transport 7. May Carriers Charge a Passenger With a with a service animal because the PETS-compliant guide and assistance Disability for Carrying a Service Animal passenger necessarily would be dogs in the cabin and all other PETS- on Flights Between the U.S. and the separated from his or her service animal compliant animals that serve as service U.K.? 8. May Carriers Require Documentation of during flight. Separating a service animals in the cargo hold in accordance PETS Compliance and a Signed Release animal from the passenger with a with FODCOM 3/2005, which is Before They Will Transport a Passenger’s disability can impair the passenger’s mandatory for such carriers. Service Animal Into the U.K.? ability to function independently when Guidance Concerning the Carriage of 9. May Carriers Require Passengers To the animal is unavailable to perform a Contact the ARC for Confirmation That vital task (e.g., navigation, mobility Service Animals in Air Transportation Their PETS Documentation Is in Order? assistance, seizure alert, etc.). The From the United States to the United 10. What Information Must Be Made disability community also advises that Kingdom Available to Passengers Regarding PETS? separation can create stress on the List of Sections D. Guidance for Passengers With Service service animal, affecting its ability to A. Overview Animals Traveling on Flights into the U.K. perform necessary tasks for its owner 1. What Should Passengers Know About when the service animal and its user 1. What Is the Purpose of This Guidance? 2. To Whom Does This Guidance Apply? Bringing a Service Animal Into the U.K.? reconnect. 3. What Service Animals May Accompany a 2. What Documentation Must Be Presented With the PETS amendment of April Passenger With a Disability on Flights by Passengers Upon Arrival in the U.K. 2004, participating carriers were in a Into the U.K.? Demonstrating That a Service Animal Is position to seek DEFRA approval to 4. What About Service Animals That Are Not PETS-Compliant? transport PETS-compliant animals PETS-Compliant? 3. What Specific Steps Must a Passenger Take accompanied by their owners in the 5. Under What Circumstances May a Carrier to Ensure a Service Animal Is PETS- passenger cabin of aircraft on approved Refuse Transport to a Service Animal? Compliant? 4. What Costs and Fees Must a Passenger Pay routes into England. This substantive 6. Are Carriers Permitted To Require Passengers To Provide Documentation To Bring a Service Animal Into The change in the PETS order then U.K.? prompted the U.K.’s Civil Aviation That Their Animal Is a Service Animal as a Condition for Transport in the 5. What Are the Penalties to the Passenger for Authority (CAA) to issue a Flight Cabin? Failing To Comply With PETS? Operations Department Communication 7. Why Must Carriers Obtain Approval From Glossary (FODCOM) on March 11, 2005, DEFRA To Carry Service Animals on addressing cabin safety considerations Flights Into the U.K.? A. Overview concerning the carriage of guide and B. Specific Requirements for Carrier assistance dogs in the aircraft cabin. 1. What Is the Purpose of This Compliance With British Laws Governing the Guidance? Besides defining the criteria for the Carriage of Animals Into the U.K. acceptance of guide and assistance dogs As previously stated in the opening 1. What Steps Must a Carrier Take To Obtain summary, this guidance assists carriers qualifying for carriage in the passenger DEFRA Approval to Participate in PETS? cabin, the FODCOM explained that all 2. On Which Routes Must Carriers Participate in addressing the differences between other animals should be treated as pets in PETS? U.K. and U.S. law with respect to the and that other arrangements be made for 3. Who Is Responsible for Ensuring That a carriage of service animals into the U.K., their transport. See Carriage of Guide Service Animal Is PETS-Compliant (e.g., the ACAA requirement that Dogs and Assistance Dogs in the Aircraft Before Traveling to the U.K.? carriers generally must transport all Cabin, FODCOM 3/2005 (March 11, 4. What Other Requirements Apply to service animals in the passenger cabin 2005). The CAA has informed DOT that Carriers? versus the U.K. rule that requires compliance with FODCOM provisions, 5. Are There Penalties for a Carrier’s carriers to restrict in-cabin transport to which interpret U.K. safety regulations, Noncompliance With U.K. Regulations? guide and assistance dogs only). is mandatory for all U.K. carriers. C. Specific Guidelines for Air Carriers on In addition, this guidance notifies In sum, these changes to EU and U.K. Dual Compliance With U.K. Regulations and carriers that failure to obtain approval to law have allowed individual carriers to the ACAA/Part 382 participate in the U.K.’s Pet Travel modify their policies and procedures 1. May Carriers Require Advance Notice That Scheme (PETS) when flying from the and obtain DEFRA approval to carry A Qualified Individual With A Disability U.S. (or for U.S. carriers, from any listed guide and assistance dogs in the Plans To Travel With a Service Animal country) into participating U.K. airports passenger cabin. In addition, to comply Between the U.S. (or Any Other Listed violates the ACAA and may subject the with the ACAA and Part 382, U.S. Country) and the U.K.? carrier to enforcement action by the carriers operating flights from the U.S., 2. May Carriers Limit the Number of Service DOT. or any other listed country, into the U.K. Animals Allowed Per Flight? 3. May Carriers Limit the Duration of Flights Most importantly, this guidance must obtain DEFRA approval to on Which a Service Animal Will Be provides both carriers and passengers an transport all PETS-compliant animals Allowed To Travel? overview of what they must do to that serve as service animals in the 4. May Carriers Require an Early Check-In for comply with U.K. and U.S. laws cabin on approved routes into any a Passenger With a Disability Who affecting the carriage of service animals participating U.K. airport (i.e., approved Intends To Travel Between the U.S. (or accompanying passengers with by DEFRA to receive animals coming Any Other Listed Country) and the U.K. disabilities on flights between the U.S. into the U.K.) served by the carrier. (See With a Service Animal? and U.K. GLOSSARY for the definition of ‘‘listed 5. May Carriers Designate Seating for country.’’) It is the position of the Qualified Individuals With a Disability 2. To Whom Does This Guidance Apply? Enforcement Office that the ACAA itself Who Travel With a Service Animal? Foreign carriers operating to and from 6. Are There Any Special Equipment imposes the same obligation on non- Requirements for Carrying Service U.S. airports are subject to the U.K. foreign carriers for flights from the Animals in the Passenger Cabin or in the provisions of the ACAA, while U.S. U.S. into the U.K. Similarly, it is the Cargo Hold on Flights Between the U.S. carriers must comply with the ACAA position of the Enforcement Office that (or Any Other Listed Country) and the and the rules set forth in Part 382 the ACAA itself requires U.K. carriers to U.K.? wherever they operate. Accordingly,

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this guidance applies to U.S. carriers with the International Guide Dog charged back to the passenger by the under the ACAA and Part 382 on flights Federation to provide assistance to a carrier. from any point of origin within a listed person with a disability and requires g. Because section 382.55(a) requires country to the U.K. It also applies to formal identification indicating such that service animals be permitted to foreign carriers under the ACAA on training. Dogs not meeting the above accompany persons with disabilities on flights from the U.S. to the U.K. criteria for guide or assistance dogs, as their flights, U.S. carriers with routes It is worth noting that U.S. and well as cats and ferrets, are considered into participating U.K. airports must foreign carriers operating flights from pets and are not recognized as service also participate in PETS so that the the U.S. into the U.K. under code-share animals in the U.K., even if trained to aforementioned service animals can agreements both have a responsibility perform a function to assist a person enter the U.K. in accordance with for ensuring the transport of PETS- with his or her disability. FODCOM 3/ applicable U.K. laws. Under the ACAA, compliant service animals consistent 2005, which is mandatory for U.K. it is the Enforcement Office’s position with U.S. and U.K. law. carriers and guidance for non-U.K. that all foreign carriers operating flights from the U.S. to the U.K. must also 3. What Service Animals May carriers, states that PETS-compliant Accompany a Passenger With a animals other than guide and assistance participate in PETS. The Enforcement Disability on Flights Into the U.K.? dogs should be carried in the cargo Office may pursue enforcement action hold. against carriers that fail to participate in a. U.S. carriers, under sections d. Under Part 382, U.S. carriers must the U.K.’s Pet Travel Scheme, which is 382.55(a)(1) and (2), are required to accept PETS-compliant service dogs and a necessary component to accepting permit service animals used by service cats for transport in the aircraft service animals accompanying individuals with a disability to cabin on flights into the U.K. when they passengers with disabilities on flights to accompany the person in the aircraft can behave appropriately and can be the U.K. passenger cabin in accordance with accommodated without violating FAA applicable safety regulations. It is the safety regulations. When not, carriers 4. What About Service Animals That Enforcement Office’s position that this must transport such animals in the Are Not PETS-Compliant? requirement also applies under the cargo hold. It is the position of the a. Due to U.K. law requiring animals ACAA to foreign carriers operating to Enforcement Office that the requirement that are not PETS-compliant to be and from the U.S. absent a direct to transport service dogs and service quarantined or removed from the conflict of law. cats also applies to non-U.K. foreign country and the penalties that may b. U.S. regulatory guidance generally carriers under the ACAA on flights from result to the carrier for an illegal defines as service animals those animals the U.S. to the U.K. It is also the landing, a service animal for which a that are individually trained to perform position of the Enforcement Office that passenger cannot demonstrate PETS functions to assist passengers who are U.K. carriers, to whom FODCOM 3/2005 compliance may be denied transport. qualified individuals with a disability, applies, are subject to its requirement to b. Carriers have discretion to transport but recognizes that an emotional permit only guide and assistance dogs dogs, cats and ferrets that are not PETS- support animal or an animal such as a in the aircraft cabin. Since U.K. law compliant into the U.K. under the terms seizure alert animal may be capable of does not prohibit U.S. and non-U.K. and conditions of a U.K. quarantine performing functions to assist a foreign carriers from transporting PETS- import license. Dogs, cats and ferrets qualified individual with a disability compliant animals in the cabin in that must be quarantined because they without formal training regarding the accordance with a carrier’s approved do not meet all PETS requirements on assistance it performs. Similarly under required method of operation (RMOP), the day they enter the UK, but at a later DOT guidance, a service animal is (i) An these carriers must request an approved date can be shown to meet the necessary animal individually trained to perform RMOP for transporting PETS-compliant PETS requirements, can be released a function and which performs that service dogs and service cats in the early from the six-month quarantine. function to assist a person with a cabin in order to comply with the c. Carriers may choose to transport disability; (ii) an animal that has been ACAA and Part 382. (For further other service animals under the terms shown to have the innate ability to explanation of an RMOP, see ‘‘What and conditions of a U.K. quarantine assist a person with a disability, e.g., a Steps Must a Carrier Take To Obtain import license, which includes a six- seizure alert animal; or (iii) an DEFRA Approval To Participate in month quarantine of the animal upon emotional support animal. Regardless of PETS?’’) entry to the U.K. the function it performs to assist a e. Although ferrets may be accepted d. For further information on import passenger with his or her disability, a for transport under PETS, U.S. licensing and quarantine procedures, service animal should be trained to regulatory guidance permits carriers to see DEFRA’s Web site at http:// behave properly in the airport and in refuse transport to ferrets for safety www.defra.gov.uk/animalh/quarantine/ the passenger cabin (e.g., not to run reasons (See ‘‘Under What pets/procedures/support-info/ around freely, bark, bite other persons, Circumstances May a Carrier Refuse listq&a.htm. or urinate in the cabin). Improper Transport to a Service Animal?’’) behavior indicating a lack of training f. Under section 382.57, U.S. carriers 5. Under What Circumstances May a may result in the service animal may not charge for transporting service Carrier Refuse Transport to a Service legitimately being denied transport in animals from the U.S. or any listed Animal? the cabin. country to the U.K. It is the Enforcement a. Under U.S. law and regulatory c. Under FODCOM 3/2005, which Office’s position that this prohibition guidance, refusing any type of service interprets U.K. safety regulations, only also applies to all foreign carriers under animal for transport in the aircraft cabin guide and assistance dogs may the ACAA on flights from the U.S. to the is permitted only when the animal’s accompany their owners in the U.K. absent a direct conflict of law. The presence on the aircraft (1) Poses a passenger cabin on a flight. The cost of animal inspections and other direct threat to the health or safety of FODCOM defines guide and assistance fees to the passenger that airport animal passengers or crewmembers (e.g., dogs as dogs trained by an individual or reception centers bill directly to carriers airlines are not required to transport, organization accepted by and affiliated for administrative convenience may be either in the cabin or in the cargo hold,

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snakes, other reptiles, ferrets, rodents, qualified individual with a disability animals on flights from the U.S. to and spiders as DOT has determined that using the animal. Under the ACAA and participating U.K. airports, in these animals pose unavoidable safety Part 382, any of these observations or accordance with this guidance, and/or public health concerns), or (2) procedures may be sufficient to make necessary to comply with the ACAA would cause a significant disruption to the determination. since without such approval service the airline service in the cabin (e.g., the b. Under FODCOM 3/2005, a guide or animals may not be legally transported service animal is not trained to behave assistance dog should meet the full into the U.K. See ‘‘To Whom Does This properly in public settings so the animal membership criteria in an accredited Guidance Apply?’’ for the definition of barks at other persons on the aircraft, organization (e.g., Guide Dogs for the a covered carrier. jumps on people or urinates in the Blind Association, Assistance Dogs b. U.S. air carriers operating between cabin), or (3) would violate an International, etc.) and have formal the U.S. or any other listed country and applicable Federal Aviation identification. Therefore, U.K. carriers the U.K., and foreign carriers operating Administration (FAA) safety regulation may require passengers to present such between the U.S. and the U.K., are put (e.g., accepting a service animal for identification as a condition for on notice that a failure to obtain DEFRA carriage in the cabin that would block acceptance of a guide or assistance dog approval may result in enforcement egress to the aisle from any row of seats in the passenger cabin. For other PETS- action initiated by DOT’s Enforcement on the aircraft), or (4) is prohibited in compliant animals, U.K. carriers should Office for violating the ACAA. the cabin by the law of the country use as indicators of service animal c. To demonstrate to the Enforcement where the carrier operates. status those defined under the ACAA Office that a carrier is seeking to b. Under section 382.37(c), U.S. and Part 382. participate in PETS, the office carriers are required to transport in the c. U.S. law allows carrier personnel to recommends that the carrier retain all cargo hold any PETS-compliant service request documentation for service relevant records of the steps taken to dogs and service cats that cannot be animals other than emotional support obtain DEFRA approval until it is accommodated in the cabin either for animals as a means of verifying that the granted. safety reasons or due to behavior that animal is a service animal only in significantly disrupts cabin service. It is limited circumstances. However, the B. Specific Requirements for Carrier the position of the Enforcement Office Enforcement Office urges U.S. and Compliance With British Laws that the same requirement applies to foreign carriers, in the absence of a Governing the Carriage of Animals Into foreign carriers under the ACAA. conflict of law, not to require the U.K. c. U.S. and non-U.K. foreign carriers documentation as a condition for 1. What Steps Must a Carrier Take To that permit only service dogs and accepting a PETS-compliant dog or cat Obtain DEFRA Approval To Participate service cats to accompany their owners for transport as a service animal in the in PETS? in the passenger cabin (or in the cargo cabin or the cargo hold unless a hold when safety requires) on flights passenger’s verbal assurance is not a. Before a carrier can participate in from the U.S. into the U.K. will be credible. In that case, the airline may PETS, it first must prepare a proposed considered in compliance with the require documentation (e.g., a service Required Method of Operation (RMOP) ACAA and Part 382. U.K. carriers that animal organization membership ID). and submit it to DEFRA for approval. permit only guide and assistance dogs See Notice of Policy Guidance The RMOP must describe the specific in the passenger cabin (or in the cargo Concerning Service Animals in Air procedures the carrier will follow to hold when safety requires), and Transportation, 68 FR 24,874 (May 9, ensure the proper transport of PETS- transport other PETS-compliant service 2003), available at http:// compliant animals in accordance with animals in the cargo hold on flights airconsumer.ost.dot.gov/rules/ applicable DEFRA, CAA and the from the U.S. into the U.K. will also be 20030509.pdf. International Air Transport Association considered in compliance with the d. In order to prevent abuse by (IATA) requirements. ACAA. Due to the quarantine passengers who do not have a medical b. The RMOP for carriage of animals restrictions for other animal species and need for an emotional support animal, should include all relevant details on: their subsequent unavailability to their DOT permits carriers to require recent i. How the carrier will transport the owners for six months following entry medical documentation of the animals in the passenger cabin and in to the U.K., carriers that accept only passenger’s disability-related need as a the cargo hold; PETS-compliant animals on flights from condition for acceptance of an ii. How the carrier will ensure that the the U.S. into the U.K. will be considered emotional support animal as a service passenger presents the required PETS in compliance with the ACAA and Part animal under the ACAA and Part 382. documentation for the animal prior to 382. (See Notice of Policy Guidance departure; iii. How the carrier will ensure that 6. Are Carriers Permitted To Require Concerning Service Animals in Air Transportation at the above-noted Web the animals are checked-in by the Passengers To Provide Documentation animal reception center (ARC) upon That Their Animal is a Service Animal site.) e. The ACAA, Part 382 and FODCOM arrival into the U.K.; as a Condition for Transport in the 3/2005 allow guide and assistance dogs iv. What contingency plans the carrier Cabin? in the cabin of any breed and size intends in the event of emergencies or a. Under the ACAA and Part 382, provided they can be carried in the route deviations; and carriers may look for indicators to cabin in accordance with applicable v. On what routes (point-to-point confirm that an animal is a service safety regulations. between city pairs) the carrier proposes animal either through (1) An ID issued to transport animals in the passenger by a guide or assistance dog 7. Why Must Carriers Obtain Approval cabin and cargo hold. organization or state or local From DEFRA To Carry Service Animals c. There is no charge for filing an government agency; (2) service on Flights Into the U.K.? RMOP. Instructions for preparing an equipment on the animal such as a a. The Enforcement Office considers a RMOP covering the carriage of service harness, vest, or side-packs; or (3) the covered carrier’s approval by DEFRA to animals in the passenger cabin and in credible verbal assurance of the transport PETS-compliant service the cargo hold can be obtained from

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DEFRA by contacting proposes to transport service animals in available for dispatch to the proper [email protected]. the aircraft cabin and cargo hold. aircraft and/or cargo location upon d. Carriers must coordinate a written d. Although carriers must request landing. service level agreement (SLA) with the approval for all routes they operate b. If the carrier discovers a smuggled local ARC at each airport they serve between the U.S. and participating U.K. animal onboard a flight into the U.K., with an ARC in the U.K. and submit a airports, they will be held responsible the pilot must ensure that the ARC is copy with their proposed RMOPs to under the ACAA and Part 382 for notified before landing. DEFRA. The SLA is an agreement transporting PETS-compliant service c. Carriers transporting a PETS- between the ARC and the carrier that animals only on those routes for which compliant service animal in the cargo the ARC will verify the PETS they have received approval from hold must ensure that (1) The animal’s compliance status of any animal DEFRA. kennel meets IATA specifications, and arriving at the local airport over one of 3. Who is Responsible for Ensuring That (2) the animal’s third country official the carrier’s approved routes. This step a Service Animal is PETS Compliant veterinary certificate or EU pet passport is necessary to obtain final approval to Before Traveling to the U.K.? and supporting documents provided by participate in PETS. the passenger are affixed to the kennel a. It is the passenger’s responsibility e. Failure to reach agreement with in the manner prescribed by DEFRA. to obtain the correct documentation DEFRA on a proposed RMOP does not verifying that his or her service animal 5. Are There Penalties for a Carrier’s exempt the carrier from its obligation to is PETS-compliant, and to present it to Noncompliance With U.K. Regulations? accommodate service animals under the carrier before take off and again to Part 382 and/or the ACAA. If a carrier’s a. U.K. regulations require carriers to the ARC officer upon landing. See initial proposed RMOP is not approved, (1) Obtain approval from DEFRA to ‘‘What Documentation Must Be the carrier is obliged to pursue good participate in PETS; (2) comply with the Presented Upon Arrival in the U.K. faith efforts with DEFRA until an terms and conditions of the approval; Demonstrating That a Service Animal is agreement on procedures acceptable to and (3) notify the ARC at least 24 hours PETS Compliant?’’ prior to a flight’s departure to the U.K. DEFRA is reached and approval is b. The ARC may require these granted. that an animal will be onboard. documents to be faxed to it by the b. A carrier that transports an animal f. The approved RMOP and SLA spell passenger up to 14 days before travel to out the carrier’s legal obligations with into the U.K. without meeting any one allow sufficient time to notify the of the above requirements may be respect to the transport of animals into passenger of any deficiencies in the the U.K. Failure to adhere to their terms prosecuted for an illegal landing and documentation that must be corrected to fined up to £5,000 (approximately may result in liability of the carrier avoid quarantine of the animal upon under U.K. law. $9,890 as of early January 2007) by the landing. Passengers should contact the local U.K. enforcement authorities. For 2. On Which Routes Must Carriers ARC to determine how far in advance example, a carrier that transports Participate in PETS? the ARC will require the documents. animals into the U.K. without an Final clearance will be given only after a. London Heathrow and London approved RMOP, or a DEFRA-approved the service animal’s microchip has been carrier that fails to follow its RMOP Gatwick are the primary U.K. airports checked and documents have been participating in PETS that serve flights (e.g., brings animals into the country found to be in order by ARC personnel with insufficient or no documentation, from the U.S. See DEFRA’s Web site at upon the passenger’s arrival in the U.K. http://www.defra.gov.uk/animalh/ or that fails to comply with the ARC c. The carrier’s sole responsibilities notification requirement) may be quarantine/pets/procedures/support- with respect to PETS documentation are info/assistance-air.htm#noneu for a list prosecuted and fined by the local U.K. (1) To ensure that the passenger is enforcement authorities as stated above. of approved routes from the U.S. to the carrying a third country official U.K. c. If the carrier notifies the ARC of an veterinary certificate or an EU pet animal’s arrival as described above, and b. DEFRA approves a carrier’s passport and supporting documents participation in PETS on a per-carrier, upon landing the ARC determines that upon boarding the aircraft with the the animal is not compliant with U.K. route-by-route basis. To remain in animal or when checking the animal in compliance with the ACAA, U.S. regulations, the passenger, and not the as cargo; and (2) to affix these carrier, will be held liable for any carriers must seek approval from documents to the kennel in the manner DEFRA to participate in PETS on all penalties that may result from the illegal prescribed by DEFRA for animals landing. direct routes from the U.S., or any other transported in the cargo hold. listed country, to participating U.K. C. Specific Guidelines for Air Carriers airports. Foreign carriers must seek 4. What Other Requirements Apply to on Dual Compliance With U.K. approval from DEFRA to participate in Carriers? Regulations and the ACAA/Part 382 PETS on all of its direct routes from the a. The carrier must notify the ARC at U.S. to participating U.K. airports. For least 24 hours before the scheduled 1. May Carriers Require Advance Notice example, a carrier that only operates departure of a flight to the U.K. if an That a Qualified Individual With a direct flights between Dulles animal will be onboard. The carrier Disability Plans To Travel With a International Airport and London must comply with this notification Service Animal Between the U.S. (or Heathrow must seek approval for only requirement or be subject to possible Any Other Listed Country) and the U.K.? that route. However, if a U.S. carrier prosecution and penalty by local U.K. • U.K. law requires carriers to operates direct flights from a number of authorities for an illegal landing. (See coordinate with the ARC at least 24 cities to participating U.K. airports, it Veterinary Checks Legislative Directive, hours in advance when carrying an must seek DEFRA approval for all such EU 91/268.) As a best practice, DEFRA animal into the U.K. to ensure adequate routes. and the Enforcement Office urge carriers time to schedule the PETS inspection c. The carrier’s RMOP should be to fax notification to the ARC at the time required upon landing. Carriers may submitted with a list of all routes (point- of booking, or at least 72 hours before legitimately deny boarding to a service to-point between city pairs) on which it departure, to ensure that ARC staff are animal when the ARC has had

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insufficient notice to schedule an arrival at the airport to allow adequate the use of absorbent mats should have inspection. Therefore, carriers may time to complete all check-in such mats available. strongly recommend that passengers requirements. c. Service animals traveling in the with disabilities intending to travel with 5. May Carriers Designate Seating for cargo hold must be transported in a service animal on a flight from the Qualified Individuals With a Disability kennels that meet specifications for size, U.S. to the U.K. notify them of their Who Travel With a Service Animal? construction, etc., set forth in IATA’s intention when making a reservation, or Live Animal Regulations. at the latest 72 hours before departure, a. U.S. carriers must and foreign to avoid the service animal being denied carriers should provide a bulkhead seat 7. May Carriers Charge a Passenger With boarding. Carriers must inform or any other seat consistent with safety a Disability For Carrying a Service passengers traveling with a service regulations, as requested by a passenger Animal on Flights Between the U.S. and animal, and who make a reservation less accompanied by a service dog. the U.K.? than 72 hours before departure, that the b. Under Part 382, U.S. carriers must service animal may be denied boarding permit a service animal to accompany • Under Part 382, and it is the if the ARC has insufficient time to the passenger with a disability at any Enforcement Office’s position that schedule the required inspection. seat in which the person sits unless a under the ACAA itself, carriers may not 2. May Carriers Limit the Number of legitimate safety reason would preclude impose charges for transporting service Service Animals Allowed Per Flight? it (e.g., a dog obstructs an aisle or other animals. However, carriers are area that must remain unobstructed in encouraged to inform qualified a. U.K. regulatory guidance does not order to facilitate an emergency individuals with a disability traveling limit the number of guide or assistance evacuation). It is the Enforcement with a service animal that the passenger dogs allowed in the passenger cabin on Office’s position that foreign carriers is responsible for any on-the-ground a given flight, but the Enforcement operating to and from the U.S. must also fees or charges by a public or private Office notes that foreign carriers may provide similar accommodations under sector organization for the purpose of wish to take into account the safety the ACAA. provisions outlined in the European ensuring the animal is compliant with c. If a service animal cannot be PETS. Inspection fees for assistance Joint Airworthiness Regulations (JAR– accommodated at the seat location of OPS 1.260, Carriage of Persons with dogs are waived by some U.K. airports. the passenger with a disability, U.S. Charges to the carrier by the ARC for Reduced Mobility) requiring carriers to carriers must and foreign carriers should ensure that persons with disabilities do inspections and other services related to offer the passenger the opportunity to ensuring an animal is PETS-compliant not occupy seats where their presence move with the animal to a seat location may be passed on to the passenger along could: (1) Impede the crew in their in the same class of service, if present with a reasonable administrative fee to duties, (2) obstruct access to emergency on the aircraft, where the animal can be equipment, or (3) impede the emergency accommodated. cover payment processing expenses. evacuation of the aircraft. The passenger will also be responsible b. Under Part 382, U.S. carriers may 6. Are There Any Special Equipment for any veterinary, kenneling and other not limit the number of service animals Requirements for Carrying Service costs resulting if the animal is not PETS- allowed in the passenger cabin on any Animals in the Passenger Cabin or in compliant and must be treated after given flight except for safety reasons. It the Cargo Hold on Flights Between the arrival, placed in temporary quarantine is the position of the Enforcement Office U.S. (or Any Other Listed Country) and for up to six months, or removed from that the same requirement applies to the U.K.? the country. foreign carriers operating to and from a. The FODCOM, which is mandatory 8. May Carriers Require Documentation the U.S. under the ACAA. for U.K. carriers and guidance for non- c. Therefore, carriers may only limit of PETS Compliance and a Signed U.K. carriers, states that as a matter of the number of service animals in the Release Before They Will Transport a safety assistance dogs should be cabin for legitimate safety reasons. properly secured by a harness during Passenger’s Service Animal Into the 3. May Carriers Limit the Duration of take-off, landing, and turbulence. U.K.? Flights on Which a Service Animal Will Accordingly, U.K. carriers may require • It is the Enforcement Office’s Be Allowed to Travel? that passengers use a harness to restrain position that, as a condition for • There are no U.K. laws specifically guide and assistance dogs in the cabin transporting a PETS-compliant service addressing this issue. The Enforcement on flights between the U.S. and U.K. animal accompanying a qualified U.S. and non-U.K. foreign carriers, Office’s view is that U.S. law does not individual with a disability into the unless required by their nation’s laws, allow carriers covered by Part 382 and/ U.K., a carrier may require the or the ACAA to limit flight duration for should not require that a harness be used to restrain service animals individual to: (1) Present a third country service animals on flights between the official veterinary certificate or EU pet U.S. and the U.K. transported in the passenger cabin on flights from the U.S. to the U.K. passport with supporting documents at 4. May Carriers Require an Early Check- b. Although it is a standard practice the gate or when checking a service In for a Passenger With a Disability Who by some foreign carriers to require that animal in for cargo hold transport; and Intends To Travel Between the U.S. (or absorbent mats be placed under guide (2) sign a release assuming Any Other Listed Country) and the U.K. and assistance dogs traveling in the responsibility for fees charged by the With a Service Animal? aircraft cabin, it is not required by U.K. ARC to verify that the animal is PETS- • It is the Enforcement Office’s regulations. It is the Enforcement compliant and for other costs (e.g., position that carriers may not require Office’s view that carriers may require quarantine charges, treatment fees, etc.), advance check-in times for passengers an absorbent mat to be placed under a including penalties assessed to the with service animals beyond what is service animal during travel in the passenger by the ARC for failing to required of other passengers; however, cabin, but should not require passengers ensure the animal is PETS-compliant. carriers may strongly recommend early to provide the mat. Carriers that require

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9. May Carriers Require Passengers to animals on flights that either terminate can be contacted at Contact the ARC for Confirmation That in or transit the U.K. enroute to a third [email protected], 011 44 Their PETS Documentation is in Order? country. 12 9346 2180, or 011 44 12 9366 6841 • Carriers may require that passengers b. Under U.K. law, only airlines (fax). contact the ARC for a pre-approval granted official approval by DEFRA may g. An animal that leaves the aircraft in document indicating that their PETS transport animals into the U.K. on a non-listed country will be refused re- documentation is in order if the ARC approved routes under PETS. U.K. entry into the U.K. under PETS until a requires a pre-approval document be carriers having an approved RMOP may new blood test and 6 month waiting presented to the ARC inspector upon only transport PETS-compliant guide period have elapsed. landing. Otherwise, the carrier should and assistance dogs in the aircraft cabin h. Passengers traveling with a service strongly recommend that passengers and must transport other PETS- animal should provide notice to the contact the ARC in advance to verify compliant service animals in the cargo carrier at the time the reservation is that the necessary documents are in hold. Non-U.K. carriers having an made or at the latest 72 hours prior to order and avoid the possibility of the approved RMOP may transport PETS- the flight’s departure. This will allow animal being held in quarantine. compliant dogs, cats or ferrets in the the carrier to give the ARC ample notice cabin or in the cargo hold of the aircraft. to plan for the animal’s PETS inspection 10. What Information Must Be Made However, under Part 382, U.S. carriers upon the flight’s arrival in the U.K. Available to Passengers Regarding having an approved RMOP must i. The passenger must present the PETS? transport PETS-compliant service dogs required documents to airline personnel a. Under section 382.45, U.S. carriers and service cats in the aircraft cabin at the gate prior to departure and to ARC are required to make available, upon consistent with FAA safety personnel upon landing in the U.K. request, information concerning requirements. It is the position of the before deplaning. facilities and services related to Enforcement Office that non-U.K. j. There are costs and fees associated providing air transportation to qualified foreign carriers also must transport with PETS compliance, all of which are individuals with disabilities. This PETS-compliant service dogs and paid by the passenger, unless the carrier would include information concerning service cats in the aircraft cabin on has voluntarily arranged with the ARC the transport of service animals from the flights into the U.K., consistent with to pay the fee for the initial inspection U.S. or other listed country into the U.K. applicable safety requirements, unless upon landing, or the ARC provides It is the position of the Enforcement prohibited by their nation’s laws. initial inspection services free of charge Office that such information must also c. Dogs, cats and ferrets that are not (e.g., at the time this guidance was be provided by foreign carriers under PETS-compliant must be carried in the published the London Heathrow ARC cargo hold and are subject to U.K. the ACAA on flights from the U.S. to the inspected guide and assistance dogs at import licensing requirements. U.K. upon request. no charge). Passengers should check d. The ACAA and Part 382 leave it to b. Even if not requested, carriers are with the ARC concerning any fees for the discretion of carriers to accept or encouraged to provide all passengers which they are responsible and reject ferrets as service animals, even for who wish to travel to or transit the U.K. acceptable payment methods. transport in the cargo hold. with an animal, whether or not the k. Failing to comply with PETS will e. It is a passenger’s responsibility to result in additional costs to the animal is a service animal, with as ensure that his or her service animal is much information as possible regarding passenger. Egregious or repeated fully compliant with PETS violations may result in prosecution and PETS. It is recommended that this requirements. Passengers living outside information include the potential the imposition of fines by the local the U.K. must have a licensed British enforcement authorities. consequences of an illegal landing such veterinarian certify that all PETS as prosecution, fines, and quarantine. If requirements have been met by 2. What Documentation Must Be a carrier chooses to provide information completing, signing and date-stamping a Presented by Passengers Upon Arrival in on PETS compliance to passengers, U.S. third country official veterinary the U.K. Demonstrating That a Service carriers are advised that under section certificate for domestic dogs, cats and Animal is PETS Compliant? 382.55(a)(3), they must provide this ferrets. See the question below ‘‘What a. Upon landing in the U.K., a information to all passengers Documentation Must Be Presented by passenger accompanied by a PETS- accompanied by animals traveling with Passengers Upon Arrival in the U.K. compliant service animal must present the carrier into the U.K., including those Demonstrating That a Service Animal is either a date-stamped third country accompanied by service animals. PETS Compliant?’’ official veterinary certificate, signed by Foreign carriers operating flights from f. The ARC may require that a veterinarian licensed by an approved the U.S. to the U.K. are also urged to passengers fax the third country official country or an EU pet passport provide all passengers traveling with veterinary certificate and supporting demonstrating that the animal has animals into the U.K. with information documents to the ARC up to 14 days received: on PETS compliance, even if not prior to the date of travel. The ARC may i. A microchip implant readable by an requested. issue a pre-approval document to the ISO (International Standards D. Guidance for Passengers With passenger indicating that these Organization)-compatible scanner or by Service Animals Traveling on Flights documents are in order and require that another scanner compatible with the Into the U.K. it be presented to the ARC inspector. implanted microchip provided by the The passenger is responsible for passenger, 1. What Should Passengers Know About obtaining all documents the particular ii. A vaccination against rabies, Bringing a Service Animal Into the U.K.? ARC requires for presentation upon iii. A rabies antibodies blood test a. The U.K. is a rabies-free country landing. The Heathrow ARC can be (except for ferrets). This test must be and its rules governing the entry of contacted at completed at least six months before the animals into the country, including [email protected], animal’s initial entry to the U.K. This service animals, are strictly enforced. 011 44 20 8745 7894 (telephone) or 011 waiting period applies only once as long These rules apply to the transport of 44 20 8759 3477 (fax). The Gatwick ARC as subsequent rabies boosters are

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administered in accordance with the 5. What Are the Penalties to the NCMPAR 2004—Non-Commercial vaccine manufacturer’s instructions; Passenger for Failing To Comply With Movement of Pet Animals (England) and PETS? Regulations 2004: U.K. legislation iv. Treatment for certain parasites. • In egregious cases of implementing and enforcing the EU b. A model of the third country noncompliance such as concealing and regulation EC 998/2003. PART 382—Nondiscrimination on the official veterinary certificate can be smuggling an animal not vaccinated Basis of Disability in Air Travel: U.S. found at http://europa.eu.int/eur-lex/ against rabies, or for repeated failures to regulation implementing the Air Carrier _ have the necessary treatments and tests pri/en/oj/dat/2004/l 065/ Access Act, which presently does not by _ performed and certified, a passenger l 06520040303en00130019.pdf. its terms address foreign carriers except may be prosecuted by the local British c. For PETS-compliant service with respect to disability reporting authorities and be subject to a penalty animals traveling in the cargo hold, the requirements. veterinary certificate or pet passport of up to £5,000 (approximately $9,890 Participating Airport—An airport must be presented to the carrier at in early January 2007). having an animal reception center check-in so that the carrier can affix the Glossary approved by DEFRA to receive animals certificates to the kennel in the manner ACAA—Air Carrier Access Act: U.S. transported into the U.K. by air from an prescribed by DEFRA. If the service legislation prohibiting discrimination EU Community country or a listed third animal is found not to be PETS- country. on the basis of disability by both U.S. compliant, it may be placed in Participating Carrier—A carrier and foreign carriers in providing air quarantine for up to 6 months or whose required method of operation transportation services. removed from the country, as document (RMOP) has been approved ARC—Animal Reception Center: A determined by the ARC. by DEFRA, authorizing it to transport facility at an airport for receiving and animals into the U.K. under the Pet 3. What Specific Steps Must a Passenger inspecting animals arriving in the U.K. Travel Scheme. from an EU or third country to ensure Take To Ensure a Service Animal Is Pet Passport—A document that their compliance with EU and domestic PETS-Compliant? clearly identifies an animal and regulations on animal health. • officially records the health information See DEFRA’s Web site at http:// CAA—U.K. Civil Aviation Authority. www.defra.gov.uk/animalh/quarantine/ Community—A collective term necessary under the Pet Travel Scheme pets/procedures/owners.htm for referring to those countries that (PETS) to verify its compliance with EU detailed current information about comprise the European Union. and local animal health regulations. A compliance procedures, including a DEFRA—U.K. Department for pet passport allows animals to travel compliance checklist and approved Environment, Food and Rural Affairs. easily between EU member countries carriers and routes between the U.S. and Direct conflict of law—A without undergoing quarantine. U.K. contradiction between a requirement of PETS (Pet Travel Scheme)—A the ACAA and an applicable provision regulatory plan administered by the 4. What Costs and Fees Must a of the law of a foreign nation, U.K.’s Department for Environment, Passenger Pay To Bring a Service precluding compliance with both. Food and Rural Affairs (DEFRA), that Animal Into the U.K.? FAA—U.S. Federal Aviation allows certain animals—dogs, cats, and a. The passenger will be responsible Administration. as of July 2004, ferrets—from certain for paying all veterinary costs associated IATA—International Air Transport countries to enter the U.K. without a with preparing an animal for travel and Association. six-month quarantine as long as the any fees charged by the ARC for ISO—International Standards animals are identified by microchip, checking the animal upon arrival unless Organization. vaccinated against rabies, blood tested the airline has voluntarily arranged with (EC) No. 425/2005—European Union (except ferrets), treated against certain the ARC to pay the fee for the initial regulation amending the list of third parasites, accompanied by appropriate inspection upon landing or the ARC countries from which the movement of documentation and transported by an provides initial inspection services free pet animals into the Community may be approved carrier. of charge. Passengers may also be authorized. Qualified Individual With a (EC) No. 998/2003—European Union required to pay a reasonable Disability—An individual with a regulation on the animal health administrative fee to the airline to cover disability who (a) With respect to requirements applicable to the non- the cost of processing these payments to accompanying or meeting a traveler, use commercial movement of pet animals the ARC. of ground transportation, using terminal between member states and from listed facilities, or obtaining information about b. If an animal is not PETS-compliant, third countries. The regulation allows schedules, fares or policies, takes those the passenger will be responsible for the U.K. to broadly continue with its actions necessary to avail himself or any costs associated with quarantine for domestic Pet Travel Scheme for cats and herself of facilities or services offered by tick and tapeworm treatment, a six- dogs. Conditions for the entry of ferrets an air carrier to the general public, with month quarantine after a rabies into member states from other member reasonable accommodations, as needed, vaccination and follow-up blood test, or states and from listed third countries provided by the carrier; removing the animal from the country, come directly within the scope of this (b) With respect to obtaining a ticket as determined by the ARC. regulation. for air transportation on an air carrier, c. Any penalties resulting from the Listed Country—A country listed in offers, or makes a good faith attempt to illegal landing will be the sole (EC) No. 425/2005, from which the offer, to purchase or otherwise validly to responsibility of the passenger, unless it movement of pet animals into a obtain such a ticket; can be shown that the carrier made no European Community member state (c) With respect to obtaining air attempt to check for the required PETS may be authorized, provided that transportation, or other services or documents when accepting the animal certain requirements are met. accommodations required by 14 CFR for transport or to notify the ARC in Member State—A country that is a Part 382: (1) Purchases or possesses a advance of an animal on board or both. member of the European Union. valid ticket for air transportation on an

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air carrier and presents himself or Laura Wilson (Legal Information), access to relevant accounts and records herself at the airport for the purpose of Federal Energy Regulatory and therefore would be unable to traveling on the flight for which the Commission, 888 First Street, NE., prevent inappropriate cross- ticket has been purchased or obtained; Washington, DC 20426, (202) 502– subsidization or other misallocations of and (2) Meets reasonable, 6128. costs within the holding company nondiscriminatory contract of carriage James Guest (Technical Information), system. We deny rehearing as discussed requirements applicable to all Federal Energy Regulatory below. Commission, 888 First Street, NE., passengers. Background Required Method of Operation Washington, DC 20426, (202) 502– (RMOP)—An agreement between a 6614. 2. Under the Commission’s regulations under PUHCA 2005, a carrier and DEFRA concerning the SUPPLEMENTARY INFORMATION: ‘‘single-state holding company system’’ procedures the carrier will use to ensure Before Commissioners: Joseph T. the proper transport of animals into the is eligible for waiver of the Kelliher, Chairman; Suedeen G. Kelly, Commission’s PUHCA 2005 accounting, U.K. under PETS. This document must Marc Spitzer, Philip D. Moeller, and Jon be approved by DEFRA before the record retention and reporting Wellinghoff. requirements.5 In Order No. 667–A, the carrier can begin PETS participation. Subtitle F of Title XII of the Energy Commission defined ‘‘single-state SLA (Service Level Agreement)—An Policy Act of 2005 (EPAct 2005) agreement between an ARC and a carrier holding company system’’ as a system repealed the Public Utility Holding that derives no more than 13 percent of that the ARC will verify the PETS Company Act of 1935 (PUHCA 1935) compliance status of any animal its ‘‘public-utility company’’ revenues and enacted the Public Utility Holding from outside a single state.6 In Order arriving at the local airport over one of Company Act of 2005 (PUHCA 2005).1 the carrier’s approved routes. No. 667–B, the Commission clarified In Order No. 667, the Federal Energy that revenues from EWGs, FUCOs or Issued in Washington, DC, on February 20, Regulatory Commission (Commission) QFs do not constitute public-utility 2007. issued regulations to implement Subtitle company revenues for purposes of 2 Samuel Podberesky, F. In Order No. 667–A, the Commission determining status as a single-state Assistant General Counsel for Aviation, denied rehearing in part and granted holding company system.7 As a result, 3 Enforcement and Proceedings. rehearing in part of Order No. 667. In a single-state holding company system [FR Doc. E7–3195 Filed 2–23–07; 8:45 am] Order No. 667–B, the Commission as defined in Order Nos. 667–A and BILLING CODE 4910–9X–P granted clarification in part, denied 667–B may hold interests in EWGs, rehearing in part and granted rehearing FUCOs and QFs without, by virtue of 4 in part of Order No. 667–A. In the those interests, being subject to the DEPARTMENT OF ENERGY present order, we deny rehearing of Commission’s PUHCA 2005 accounting, Order No. 667–B. record retention and reporting Federal Energy Regulatory 1. American Public Power Association requirements. Commission together with National Rural Electric 3. The Commission reasoned that this Cooperative Association (APPA/ approach follows the approach taken 18 CFR Parts 365 and 366 NRECA) and Florida Municipal Power under section 3(a) of PUHCA 1935, Agency together with Seminole Electric which exempted a holding company [Docket No. RM05–32–003, Order No. 667– Cooperative, Inc. (FMPA/Seminole) C] from plenary oversight under PUHCA raise one issue on rehearing of Order 1935 if the holding company’s Repeal of the Public Utility Holding No. 667–B: whether PUHCA 2005’s traditional utility operations were Company Act of 1935 and Enactment accounting, record retention and largely confined to one state.8 The of the Public Utility Holding Company reporting requirements should apply to exemption in section 3(a) reflected Act of 2005 a holding company system whose Congress’ assessment that other state traditional utility operations are and federal corporate and rate Issued February 20, 2007. confined substantially to one state but regulation was sufficient to protect AGENCY: Federal Energy Regulatory that holds significant interests in out-of- against abuse in those circumstances. Commission, DOE. state exempt wholesale generators Further, the 13 percent standard ACTION: Final order; order denying (EWGs), foreign utility companies adopted by the Commission in Order rehearing. (FUCOs), and qualifying facilities (QFs). Nos. 667–A and B to determine who They assert that these requirements qualifies for the single state holding SUMMARY: By this order, the Federal should apply because, they claim, company waiver was the same standard Energy Regulatory Commission denies regulators would not otherwise have applied by the SEC under PUHCA 1935, rehearing of Order No. 667–B. Order No. thus resulting in no more onerous 667–B addressed requests for 1 Energy Policy Act of 2005, Pub. L. 109–58, 119 regulatory requirements than those in clarification and rehearing of prior Stat. 594 (2005). place under PUHCA 1935. In Order No. 2 orders that implemented repeal of the Repeal of the Public Utility Holding Company 667–B, the Commission found that other Public Utility Holding Company Act of Act of 1935 and Enactment of the Public Utility Holding Company Act of 2005, Order No. 667, 70 state and federal regulation continues to 1935 and enactment of the Public Utility FR 75592 (Dec. 20, 2005), FERC Stats. & Regs. be sufficient to protect against abuse, Holding Company Act of 2005. ¶ 31,197 (2005). without subjecting a holding company DATES: Effective Date: This order is 3 Repeal of the Public Utility Holding Company system to the Commission’s PUHCA effective on March 28, 2007. Act of 1935 and Enactment of the Public Utility Holding Company Act of 2005, Order No. 667–A, 2005 accounting, record retention and FOR FURTHER INFORMATION CONTACT: 71 FR 28446 (May 16, 2006), FERC Stats. & Regs. Lawrence Greenfield (Legal ¶ 31,213 (2006). 5 18 CFR 366.3(c)(1). Information), Federal Energy 4 Repeal of the Public Utility Holding Company 6 Order No. 667–A, FERC Stats. & Regs. ¶ 31,213 Act of 1935 and Enactment of the Public Utility at P 28. Regulatory Commission, 888 First Holding Company Act of 2005, Order No. 667–B, 71 7 Order No. 667–B, FERC Stats. & Regs. ¶ 31,224 Street, NE., Washington, DC 20426, FR 42750 (July 28, 2006), FERC Stats. & Regs. at P 20. (202) 502–6415. ¶ 31,224 (2006). 8 U.S.C. 79c(a); see 15 U.S.C. 79z–5a and 79z–5b.

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