Federal Register/Vol. 85, No. 238/Thursday, December 10, 2020

79742 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Rules and Regulations DEPARTMENT OF TRANSPORTATION service animals that one passenger can such discrimination. The statute bring onboard an aircraft to two service similarly does not specify how the Office of the Secretary animals. Department should regulate with The final rule also allows airlines to respect to these issues. In addition to 14 CFR Part 382 require passengers with a disability the ACAA, the Department’s authority traveling with a service animal to to regulate nondiscrimination in airline [Docket No. DOT–OST–2018–0068] complete and submit to the airline a service on the basis of disability is based RIN No. 2105–AE63 form, developed by DOT, attesting to the in the Department’s rulemaking animal’s training and good behavior, authority under 49 U.S.C. 40113, which Traveling by Air With Service Animals and certifying the animal’s good health. states that the Department may take For flight segments of eight hours or action that it considers necessary to AGENCY: Office of the Secretary (OST), more, the rule allows airlines to require carry out this part, including prescribing U.S. Department of Transportation passengers to complete and submit a regulations. (DOT). DOT form attesting that the animal has The current rulemaking has presented ACTION: Final rule. the ability either not to relieve itself on questions about how the ACAA is a long flight or to relieve itself in a reasonably interpreted and applied to SUMMARY: The U.S. Department of sanitary manner. In addition, this final require airlines to accommodate the Transportation (Department or DOT) is rule allows airlines to require a service needs of individual passengers whose issuing a final rule to amend the animal user to provide these forms up physical or mental disability Department’s Air Carrier Access Act to 48 hours in advance of the date of necessitates the assistance of a service (ACAA) regulation on the transport of travel if the passenger’s reservation was animal in air transportation. In service animals by air. This final rule is made prior to that time. As an approaching these questions, the intended to ensure that our air alternative, airlines may require a Department recognizes that the ACAA’s transportation system is safe for the passenger with a disability seeking to nondiscrimination mandate is not traveling public and accessible to travel with a service animal in the cabin absolute. The statute requires airlines to individuals with disabilities. to provide the forms at the passenger’s provide accommodations that are DATES: This rule is effective January 11, departure gate on the date of travel. reasonable given the realities and 2021. However, the final rule prohibits limitations of air service and the FOR FURTHER INFORMATION CONTACT: airlines from requiring that a passenger onboard environment of commercial Maegan Johnson, Senior Trial Attorney, physically check-in at the airport solely airplanes. Animals on aircraft may pose Office of Aviation Consumer Protection, on the basis that the individual is a risk to the safety, health, and well- U.S. Department of Transportation, 1200 traveling with a service animal, thus being of passengers and crew, and may New Jersey Ave. SE, Washington, DC, ensuring that service animal users are disturb the safe and efficient operation 20590, 202–366–9342, 202–366–7152 not prevented from enjoying the same of the aircraft. Any requirement for the (fax), [email protected] (email). convenience-related benefits provided accommodation of passengers traveling You may also contact Blane Workie, to other passengers, such as online and with service animals onboard aircraft Assistant General Counsel, Office of curbside check-in. Service animal users necessarily must be balanced against the Aviation Consumer Protection, may use the online check-in process health, safety, and mental and physical Department of Transportation, 1200 available to the general public. well-being of the other passengers and New Jersey Ave. SE, Washington, DC, This final rule also better ensures the crew, and must not interfere with the 20590, 202–366–9342, 202–366–7152 safety of passengers and crewmembers safe and efficient operation of the (fax), [email protected]. by allowing carriers to require that aircraft. service animals are harnessed, leashed, SUPPLEMENTARY INFORMATION: or otherwise tethered onboard an 2. Purpose of Regulatory Action Executive Summary aircraft and includes requirements that The purpose of this final rule is to revise the Department’s Air Carrier This final rule defines a service would address the safe transport of large service animals in the aircraft cabin. Access Act (ACAA) regulation on animal as a dog, regardless of breed or Further, it specifies the circumstances traveling by air with service animals type, that is individually trained to do under which the user of a service (formerly 14 CFR 382.117) in 14 CFR work or perform tasks for the benefit of animal may be charged for damage part 382.2 This final rule is prompted by a qualified individual with a disability, caused by the service animal and a number of compelling needs to revise including a physical, sensory, addresses the responsibilities of code- these regulations: (1) The increasing psychiatric, intellectual, or other mental number of service animal complaints 1 share partners. disability. It allows airlines to received from, and on behalf of, recognize emotional support animals as 1. Statutory Authority passengers with disabilities by the pets, rather than service animals, and The Air Carrier Access Act (ACAA), Department and by airlines; (2) the permits airlines to limit the number of 49 U.S.C. 41705, prohibits discrimination in airline service based 2 In 2008, the Department amended 14 CFR 382 1 The Department’s ACAA definition of a service on disability. When enacted in 1986, the by adding 14 CFR 382.117, a provision dedicated animal in this final rule is similar to the definition to the transport of service animals on aircraft. The of a service animal in the Department of Justice ACAA applied only to U.S. air carriers. Department’s 2008 amendment codified prior DOT (DOJ) regulations implementing the Americans with On April 5, 2000, the Wendell H. Ford guidance, which allowed airlines to require Disabilities Act (ADA), 28 CFR 35.104 and 28 CFR Aviation Investment and Reform Act for emotional support animal and psychiatric service 36.104. Although DOT has chosen to closely align the 21st Century (AIR–21) amended the animal users to provide a letter from a licensed its ACAA service animal definition with DOJ’s mental health professional of the passenger’s need service animal definition under the ADA, the ACAA to include foreign carriers. The for the animal, and permitted airlines to require 48 substantive requirements in this final rule differ ACAA, while prohibiting discrimination hours’ advance notice of a passenger’s wish to from DOJ’s requirements for service animals under by U.S. and foreign air carriers in air travel with an emotional support or psychiatric the ADA in various areas, e.g., allowing airlines to transportation against qualified service animal to give airlines sufficient time to require service animal documentation and assess the passenger’s documentation. This final prohibiting the use of voice control over a service individuals with disabilities, does not rule removes 14 CFR 382.117 and adds a new animal. specify how carriers must act to avoid subpart, Subpart EE, on service animals. VerDate Sep<11>2014 19:30 Dec 09, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\10DER3.SGM 10DER3 jbell on DSKJLSW7X2PROD with RULES3 Federal Register / Vol. 85, No. 238 / Thursday, December 10, 2020 / Rules and Regulations 79743 inconsistent definitions among Federal with the service animal definition Animals was published in the Federal agencies of what constitutes a ‘‘service established by the U.S. Department of Register.8 The Department sought in the animal;’’ (3) the disruptions caused by Justice (DOJ) in its rule implementing NPRM to propose a rule that would requests to transport unusual species of the Americans with Disabilities Act ensure passengers with disabilities can animals onboard aircraft, which has (ADA).6 In response, and as described in continue traveling with service animals eroded the public trust in legitimate more detail below, the Department has in air transportation while also reducing service animals; (4) the increasing chosen to revise its service animal the likelihood that there would be safety frequency of incidents of travelers definition under the ACAA to be more or health issues at the airport or onboard fraudulently representing their pets as closely aligned with DOJ’s service aircraft. service animals; and (5) the reported animal definition under the ADA, increase in the incidents of misbehavior although the substantive requirements The Department received by emotional support animals. In in DOT’s ACAA service animals rule approximately 15,000 comments on the addition, DOT has received multiple differ from DOJ’s requirements for NPRM.9 While most of the comments requests for the Department to regulate service animals under the ADA in a received in response to the NPRM were in this area.3 Each of these purposes number of respects. This final rule is from individual commenters, the underlying this rulemaking, as well as responsive to, and fulfills the Department also received many the requests for rulemaking, were requirements found in, the FAA Act. comments from disability rights discussed in depth in the Department’s advocacy organizations, airlines, 3. Recent Rulemaking Activities notice of proposed rulemaking (NPRM) airports, transportation worker issued on February 5, 2020.4 Please refer On May 23, 2018, the Department associations, animal health and training to that discussion for additional published in the Federal Register an organizations, and a number of other background.

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