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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 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 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 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.

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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 5, 2020.4 Please refer On , 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. Advance Notice of Proposed special-interest organizations. The This final rule also responds to a Rulemaking (ANPRM) titled ‘‘Traveling Department has carefully reviewed and congressional mandate. The FAA by Air with Service Animals.’’ 7 In the considered all of the comments received Reauthorization Act of 2018 (the FAA ANPRM, the Department sought and is issuing this final rule to ensure Act) requires the Department to conduct comment on how to amend the access to individuals whose physical or a rulemaking proceeding on the Department’s ACAA regulations to mental disability necessitates the definition of the term ‘‘service animal’’ address concerns raised by individuals assistance of a service animal in air and to develop minimum standards for with disabilities, airlines, flight transportation, while also considering what is required for service and attendants, airports and other aviation the realities, risks, and limitations 5 emotional support animals. Congress stakeholders regarding service animals associated with transporting animals on also required the Department to on aircraft. On , 2020, a aircraft. consider whether it should align DOT’s Notice of Proposed Rulemaking (NPRM) ACAA definition of a service animal on Traveling by Air with Service 4. Summary of the Major Provisions

Subject Final rule

Definition of Service Animal ...... A service animal is as a dog, regardless of breed or type, that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Emotional Support Animals ...... Carriers are not required to recognize emotional support animals as service animals and may treat them as pets. Treatment of Psychiatric Service Psychiatric service animals are treated the same as other service animals that are individually trained to Animals. do work or perform a task for the benefit of a qualified individual with a disability. Species ...... Carriers are permitted to limit service animals to dogs. Health, Behavior and Training Form Carriers are permitted to require passengers to remit a completed hardcopy or electronic version of the Department’s ‘‘U.S. Department of Transportation Service Animal Air Transportation Form’’ as a condi- tion of transportation. Relief Attestation ...... Carriers are permitted to require individuals traveling with a service animal on flights eight hours or longer to remit a completed hardcopy or electronic version the Department’s ‘‘U.S. Department of Transpor- tation Service Animal Relief Attestation’’ as a condition of transportation. Number of Service Animals per Carriers are permitted to limit the number of service animals traveling with a single passenger with a dis- Passenger. ability to two service animals. Large Service Animals ...... Carriers are permitted to require a service animal to fit on their handler’s lap or within its handler’s foot space on the aircraft. Control of Service Animals ...... Carriers are permitted to require a service animal to be harnessed, leashed, or otherwise tethered in areas of the airport that they own, lease, or control, and on the aircraft. Service Animal Breed or Type ...... Carriers are prohibited from refusing to transport a service animal based solely on breed or generalized physical type, as distinct from an individualized assessment of the animal’s behavior and health.

3 See, e.g., Psychiatric Service Dog Society, DOT– www.regulations.gov/document?D=DOT-OST-2017- 6 See DOJ’s ADA definition of a service animal in OST–2009–0093–0001, 1–2, at https:// 0069-2679 (Dec. 1, 2017); and Comment from 28 CFR 35.104 and 28 CFR 36.104. www.regulations.gov/document?D=DOT-OST-2009- National Air Carrier Association at https:// 7 Traveling by Air with Service Animals, Advance www.regulations.gov/document?D=DOT-OST-2017- 0093-0001 (Apr. 21, 2009); Comment from Airlines Notice of Proposed Rulemaking, 83 FR 23832 (May for America at https://www.regulations.gov/ 0069-2771 (Dec. 4, 2017). 23, 2018). document?D=DOT-OST-2017-0069-2751 (Dec. 4, 4 See U.S. Department of Transportation, Notice 8 2017); Comment from International Air Transport of Proposed Rulemaking, ‘‘Traveling by Air with Traveling by Air with Service Animals, Notice Association at https://www.regulations.gov/ Service Animals,’’ 85 FR 6448 (Feb. 5, 2020). of Proposed Rulemaking, 85 FR 6448 (Feb. 5, 2020). document?D=DOT-OST-2017-0069-269 (Dec. 1, 5 The FAA Reauthorization Act of 2018, Public 9 See https://www.regulations.gov/docket? 2017); Comment from Kuwait Airways at https:// Law 115–254, Sec. 437 (Oct. 5, 2018). D=DOT-OST-2018-0068.

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Subject Final rule

Check-In Requirements ...... Carriers are not permitted to require a passenger with a disability to physically check-in at the airport, rath- er than using the online check-in process, on the basis that the individual is traveling with a service ani- mal. Airlines may require a passenger with a disability seeking to travel with a service animal to provide the service animal form(s) at the passenger’s departure gate on the date of travel. Advance Notice Requirements ...... Carriers may require individuals traveling with a service animal to provide a U.S. Department of Transpor- tation Service Animal Air Transportation Form and, if applicable, a U.S. Department of Transportation Service Animal Relief Attestation up to 48 hours in advance of the date of travel if the passenger’s res- ervation was made prior to that time.

5. Summary of the Economic Analysis and other passengers have also reported allows airlines to require such increased incidence of misbehavior by passengers to submit two U.S. DOT The Department has prepared a ESAs on aircraft and in the airport. The forms. We estimate that the forms could regulatory evaluation in support of the misbehavior has included animals’ create as much as 74,000 burden hours final rule to amend the ACAA service urinating, defecating, and in some and $1.1 million in costs per year in animal regulations. Under this final instances, harming people and other 2018 dollars. rule, a service animal is limited to a dog, animals at the airport or on the aircraft. Evaluating other impacts was more regardless of breed or type, that is The primary economic impact of this individually trained to do work or rule is that it will eliminate a market difficult due to data limitations. To perform tasks for the benefit of a inefficiency. Treating ESAs as service gauge the potential magnitude of these qualified individual with a disability. It animals amounts to a price restriction impacts, we combined the limited data allows airlines, for the first time, to that sets the price of accommodating with reasonable assumptions about ESA recognize emotional support animals passengers who travel with ESAs at zero transport that could occur under the (ESAs) as pets rather than service dollars, despite the fact that airlines face final rule and a demand elasticity from animals. Because airlines charge non-zero resource costs to accommodate a surrogate market. The analysis passengers for transporting pets, and are those passengers. indicates that the final rule could be prohibited from charging passengers Table ES–1 summarizes the results of expected to generate annual cost savings traveling with service animals, the regulatory evaluation. The final rule to airlines between $15.6 million and passengers previously had an incentive creates a potential burden on passengers $21.6 million and annual net benefits of to claim their pets were ESAs. Airlines who travel with service animals as it $3.9 to $12.7 million.

TABLE ES–1—SUMMARY OF ECONOMIC IMPACTS DUE TO FINAL RULE [2018 Dollars, millions]

Impact Annual value

Costs: Paperwork burden for passengers traveling with service animals ...... $1.1. Cost savings to airlines associated with providing ESA travel ...... ¥$21.6 to ¥$15.6. Benefits: Lost benefits to individuals who no longer travel with ESAs ...... ¥$10.6 to ¥$7.8. Reduction in negative externalities caused by ESAs ...... Not quantified. Transfers: Increased fees paid by passengers travelling with ESAs to airlines ...... $54.0 to $59.6.

Net benefits (benefits minus costs) ...... $3.9 to $12.7.

Discussion A. Emotional Support Animals In the NPRM, the Department proposed to allow airlines to treat 1. Definition of a Service Animal The NPRM emotional support animals as pets, In developing the definition of a In the NPRM, the Department rather than service animals. The service animal, the Department carefully explained that the ACAA regulations Department proposed to do so by considered whether emotional support currently recognize two types of service redefining a ‘‘service animal’’ as a dog animals should be treated as service animal: (1) Any animal that is that is individually trained to do work animals, whether psychiatric service individually trained or able to provide or perform a task for the benefit of a animals should be treated the same as assistance to a qualified person with a qualified individual with a disability. other service animals, whether to limit disability; and (2) emotional support Under the Department’s proposed service animals to certain species of animals, defined as ‘‘any animal shown definition, airlines would not be animals, whether certain breeds or by documentation to be necessary for generalized physical types of animals the emotional well-being of a required to recognize comfort animals, should not be considered service passenger.’’ Emotional support animals companionship animals, or any other animals, and whether the Department’s are intended to mitigate a passenger’s non-task-trained animals as service definition of a service animal under the disability by their presence, and are animals. The Department indicated that ACAA should be similar to the DOJ expected to be trained to behave in the proposal was intended to align the definition of a service animal under the public, but are not individually trained definition of a service animal under the ADA. Each of these issues is discussed to do work or perform tasks for the ACAA with the DOJ’s definition of a in turn below. benefit of a passenger with a disability.

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service animal under the ADA.10 One rulemaking proceeding on the definition during a flight due to the stressful and purpose of this alignment was to reduce of the term ‘‘service animal,’’ and to challenging aircraft environment.13 confusion for individuals with develop minimum standards for what is These organizations emphasized that disabilities, airline personnel, and required for service and emotional emotional support animal misbehavior airports (which are generally subject to support animals.11 poses a substantial risk to flight safety, the ADA rather than the ACAA). Comments Received and that aircraft cannot reasonably carry In the NPRM, the Department sought untrained animals in the cabin that are comment on how its proposed service Of the approximately 15,000 uncontained. Similarly, the Association animal definition would impact comments in response to the NPRM, of Professional Flight Attendants individuals with disabilities who rely more than 10,000 of those comments (APFA) commented that ‘‘emotional on emotional support animals when concerned the transport of emotional support animals have been known to traveling on aircraft. Furthermore, support animals. More than 3,000 bite passengers and Flight Attendants, although airlines could choose to individuals submitted comments in urinate, defecate, cause allergic continue to recognize emotional support support of DOT’s proposal to exclude reactions and encroach on the space and animals and transport them for free emotional support animals from the comfort zone of other passengers who pursuant to an airline’s established ACAA definition of a service animal have purchased tickets,’’ and that an policy, the Department specifically and to allow airlines to treat emotional untrained emotional support animal can sought comment on whether individuals support animals as pets. Furthermore, a put passengers at risk during an with disabilities who use emotional large majority of airline industry emergency evacuation.14 The California support animals to mitigate their stakeholder organizations that Chapter of the American Council of the disabilities would be less likely to travel submitted comments on this issue (i.e., Blind (ACB California) also commented by air if they were no longer permitted airlines and airline organizations, that emotional support animals pose a to travel with their emotional support airports, flight attendants, and other animals. In addition, since the transportation worker organizations), risk to people and other service animals Department proposed that airlines expressed their support for DOT’s as its members have reported that their would be permitted to treat emotional guide dogs have been barked at and proposal to allow airlines to treat 15 support animals as pets, the Department emotional support animals as pets. growled at on many occasions. sought comment on whether individuals Furthermore, approximately half of the Similarly, the American Veterinary would be able to transport emotional disability rights advocacy organizations Medical Association (AVMA) support cats or other small animals as that submitted comments on this issue commented that untrained emotional pets in the cabin for a fee, and whether (mainly those organizations that support animals ‘‘are often not the limits on the number of pets an represent individuals with allergies and acclimated to various stressful airline would allow per flight could individuals with visual impairment who situations in the same manner that impact their transport. use guide dogs) also supported DOT’s service animals are trained,’’ which The Department also requested proposal to allow airlines to treat ‘‘puts the safety and well-being of both comment in the NPRM on whether emotional support animals as pets. the animal and those sharing the emotional support animal users could Supporters of DOT’s proposal to animal’s space at risk.’’ 16 train their animals to do work or exclude emotional support animals from The second concern most frequently perform tasks to assist them with their the service animal definition primarily expressed by commenters in support of disability, thereby transforming the expressed safety concerns. They DOT’s proposal related to those animal from an emotional support described incidents of misbehavior by individuals who misrepresent their pets animal to a psychiatric service animal. emotional support animals, including as service animals, and the growing Although the Department proposed acting aggressively toward people and number of online mental health not to treat emotional support animals other service animals by biting, professionals willing to provide pet as service animals, the Department also growling, and lunging; and urinating, owners with emotional support animal sought comment on whether it should defecating, and otherwise failing to be and psychiatric service animal recognize emotional support animals as under the control of their handler. documentation for a fee. American a separate and distinct accommodation Commenters expressed general safety Airlines commented that the ‘‘increase for passengers with disabilities. concerns for travelers and airline crew in the availability of fraudulent ESA Specifically, the Department sought given these disturbances. Some credentials has enabled people who are comment on whether to allow airlines to commenters expressed the view that not truly in need of animal assistance to mandate stricter medical documentation many emotional support animal users abuse the rules and evade airline requirements for individuals traveling may not actually be individuals with policies regarding animals in the with emotional support animals; disabilities, but instead are individuals whether airlines should be allowed to who are misrepresenting their pets as require that emotional support animals 13 Comment from Airlines for America (A4A), the service animals to avoid paying airline Regional Airline Association, (RAA), and the be contained in an FAA-approved in- pet fees. National Air Carrier Association (NACA) cabin pet carrier in the airport and on Airlines for America (A4A), the (collectively referred to as A4A) at https:// the aircraft; and whether limiting Regional Airline Association, and the beta.regulations.gov/comment/DOT-OST-2018- emotional support animals to one per 0068-19240. National Air Carrier Association jointly 14 Comment from Association of Professional passenger would mitigate a passenger’s commented 12 that numerous incidents Flight Attendants (APFA), https:// disability sufficiently on a flight or at on aircraft have demonstrated that beta.regulations.gov/comment/DOT-OST-2018- the passenger’s destination. The emotional support animals are 0068-19238. 15 Department did so as part of the substantially more likely to misbehave Comment from California Chapter of the mandate in the FAA Act, which American Council of the Blind (ACB California), https://beta.regulations.gov/comment/DOT-OST- required the Department to conduct a 11 FAA Reauthorization Act of 2018, Public Law 2018-0068-19145. 115–254, Sec. 437 (Oct. 5, 2018). 16 Comment from American Veterinary Medical 10 See DOJ’s ADA definition of a service animal 12 For ease of reference we will refer to these Association (AVMA), https://beta.regulations.gov/ at 28 CFR 35.104 and 28 CFR 36.104. organizations collectively as ‘‘A4A.’’ comment/DOT-OST-2018-0068-19283.

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cabin.’’ 17 Similarly, Open Doors animals as pets. These commenters would no longer be able to fly if the Organization commented that airlines describe how the recent increases in the Department passed its proposed can show evidence of letters written by number of service animals on aircraft, definition of a service animal, since certain mental health professionals on ostensibly emotional support animals, many individuals suffering from mental the web that result from fee-based has created an untenable environment and emotional disabilities have low online evaluations or consultations with for allergy sufferers in the aircraft cabin. incomes and can barely afford the cost minimal therapeutic interaction Furthermore, these commenters believe of their own ticket for air transportation. between the health professional and the that DOT’s proposed rule would result For example, a joint comment from traveler.18 Likewise, the Association of in an overall decrease in the number of Paralyzed Veterans for America (PVA) Late Deafened Adults commented that service animals on aircraft, which and other advocacy organizations noted people who falsely claim their pets are would improve the level of unwanted that even if a passenger’s emotional service animals can purchase a fake fur-related allergens on aircraft. The support animal is able to travel as a pet, service animal vest for their pet online Asthma and Allergy Network these fees can cost upwards of $175 without the pet going through any commented that a training requirement each way, and that ‘‘people with period of training.19 for service animals would help mitigate disabilities are disproportionately low Some commenters also support DOT’s the number of animals on aircraft.22 The income and these fees would likely proposed service animal definition, Asthma Allergy Foundation of America make it very difficult for emotional limiting service animals to task-trained also commented that it supports DOT’s support animals users to travel[.]’’ 25 animals, because they believe that only proposal, which permits airlines the Several individual commenters also service animals trained to do work or flexibility to treat emotional support described the inconceivability of leaving perform tasks for the benefit of a person animals as pets, because it will ‘‘reduce their emotional support animals behind, with a disability can effectively function the risk of animals triggering asthma as many are either unable to fly without as service animals. The American attacks or severe allergic reactions.’’ 23 their emotional support animal, or Association of Airport Executives On the other hand, more than 6,000 unable to function without their (AAAE) commented that disability commenters either supported the emotional support animal at their mitigation training, which enables an Department’s continued recognition of destination for long periods of time. animal to know how to guide emotional support animals as service The Department also received individuals with vision impairments, animals, or supported a rule allowing comments from licensed mental health retrieve items for individuals with emotional support animals to be professionals and other health care mobility impairments, and perform recognized as a separate accommodation workers who describe the harmful other tasks and functions for individuals for individuals with disabilities. The impact that DOT’s rule would have on with disabilities, is critical to mitigating individual commenters who support the individuals who suffer from mental and potential risks and to ensure safety of Department’s continued recognition of emotional disabilities. These 20 passengers in the terminal. An emotional support animals as service commenters describe their patients, individual commenter remarked that ‘‘a animals include individuals who suffer many of whom were prescribed an critical part of a service animal’s from autism, debilitating depression, emotional support animal to help training includes a systematic anxiety, post-traumatic stress disorder, accommodate a serious mental or socialization process that gradually and and a range of other mental and emotional disability, and how the humanely exposes the dog to a variety emotional disabilities. One individual Department’s proposed rule appears to of public places and settings . . . commenter indicated that she believed have a disproportionately negative [which] ensures that service animals can that DOT’s proposal is discriminatory impact on individuals with mental both reliably perform their essential toward veterans with disabilities and disabilities, in comparison to those with duties in all types of settings, and that those with mental health problems, physical disabilities. Half of disability rights advocacy venues like busy airport and crowded stating: ‘‘ESAs like mine are prescribed organizations that commented on the aircraft cabins will not trigger behaviors by [a] healthcare professional in order to NPRM opposed the Department’s that are unsafe for the disabled handler, ease stress, anxiety, depression and 21 proposal to treat emotional support or for others to be around.’’ PTSD. I have PTSD and anxiety and I The Department also received a animals as pets. They argue primarily will testify to the benefit of my ESA. It significant number of comments from that emotional support animals provide is far better than dangerous and harmful individuals suffering from allergies, or a vital accommodation for many drugs that I would otherwise need to individuals and organizations 24 individuals suffering from a wide range commenting on behalf of allergy take.’’ of serious mental and emotional Other individual commenters sufferers, in support of the proposal to disabilities. The Autistic Self Advocacy described their disabilities and how allow airlines to treat emotional support Network commented that emotional they are able to travel and, in some support animals ‘‘can assist with cases, complete everyday functions 17 Comment from American Airlines, https:// sensory regulation, anxiety, and provide because of the presence of their beta.regulations.gov/comment/DOT-OST-2018- focus for social communication’’ and 0068-19138. emotional support animals. Some of without the calming effect of an 18 Comment from Open Doors Organization, these commenters described how emotional support animal, individuals https://beta.regulations.gov/comment/DOT-OST- certain individuals with disabilities 2018-0068-19305. https://beta.regulations.gov/ with autism or other mental disabilities comment/DOT-OST-2018-0068-19305. 19 22 Comment from the Allergy and Asthma Comment from Association of Late Deafened 25 Joint Comment from PVA, Access Living of Network, https://beta.regulations.gov/comment/ Adults, https://beta.regulations.gov/comment/DOT- Metropolitan Chicago, American Association of OST-2018-0068-17669. DOT-OST-2018-0068-17955. People with Disabilities, Bazelon Center for Mental 20 Comment from American Association of 23 Comment from the Asthma and Allergy Health Law, Christopher and Dana Reeve Airport Executives, (AAAE), https:// Foundation of America, https:// Foundation, the National Council on Independent beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- Living, National Disability Rights Network, and the 0068-19196. 0068-18498. National Multiple Sclerosis Society, https:// 21 Comment from Ginger G.B. Kutsch, https:// 24 Comment from Gabrielle Ruiz, https:// beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- 0068-19429. For ease of reference we will refer to 0068-19306. 0068-19304. these organizations collectively as ‘‘PVA.’’

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may be unable to function without the animals as a separate accommodation no task that can even be defined for the assistance of an ESA for several days or from service animals, such as PVA, animal to perform that would help weeks, which may result in their commented that the ‘‘Department alleviate the symptoms that the inability to travel.26 The Disability should recognize emotional support passenger exhibits.’’ 36 In addition, PVA, Rights Education Defense Fund animals as an accommodation because using rabbits as an example, commented (DREDF) similarly commented that the emotional support animals are different that it ‘‘does not believe that it is ‘‘use of an emotional support animal from service animals in that they are not possible to convert all emotional may be the only option for effective trained to perform work or tasks to support animals into service mitigation of their mental health mitigate a disability.’’ 31 The Humane animals.’’ 37 Society of the United States commented symptoms’’ because for some DOT Response individuals with psychiatric disabilities, that DOT should adopt a rule that ‘‘medications are ineffective and few or would allow emotional support animals The Department recognizes that no other clinical mental health as a separate accommodation known as whether to require airlines to recognize interventions are available or successful an ‘‘assistance animal,’’ 32 regulated emotional support animals as service for them.’’ 27 The DREDF further separately from service animals, similar animals is a contentious question, with commented that ‘‘[f]requently, an to the Fair Housing Act rule of the strongly held views on all sides, and emotional support animal is the primary Department of Housing and Urban with no perfect solution likely to satisfy intervention that enables a person with Development (HUD).33 Opening Doors, all stakeholders. After careful review of a psychiatric disability to succeed with PLLC, another interested stakeholder the comments in this area, the daily activities—and sometimes to stay that commented in support of DOT’s Department has determined that the alive.’’ 28 treating emotional support animals as a most appropriate course is to adopt a Many of the disability rights separate accommodation, stated that a definition of service animal that covers advocates that supported DOT’s ‘‘benefit of aligning the definition of only dogs, regardless of breed or type, continued recognition of emotional ‘emotional support animal’ with that are individually trained to do work support animals either (1) expressed ‘assistance animal’ is that [the Fair or perform tasks for the benefit of a support for stricter requirements on the Housing Act (FHA)] already has a qualified individual with a disability. transport of emotional support animals, framework in place for evaluating This definition excludes all non-task- or (2) supported DOT recognition of reasonable accommodation requests.’’ 34 trained animals, such as emotional emotional support animals not as In response to the Department’s support animals, comfort animals, and service animals, but as a separate request for comment on the feasibility of service animals in training. accommodation for individuals with turning an emotional support animal The Department recognizes several disabilities with its own distinct set of into a psychiatric service animal, U.S. benefits to adopting this definition. regulations. Commenters that favored Support Animals commented that First, the rule is expected to reduce stricter requirements for service animal ‘‘requiring a person with an emotional confusion among airlines, passengers, users, such as Disability Rights of disability to train their emotional airports, and other stakeholders by more Florida and PVA, submitted comments support animal to be a psychiatric closely aligning the Department’s in support of a rule that would allow service dog would be incredibly definition of a service animal with DOJ’s carriers to require behavior attestations burdensome on most disabled people definition of a service animal under the from emotional support animal users, and often an impossible standard to ADA, which applies to a broad array of 35 although these organizations rejected meet.’’ U.S. Support Animals further entities, including airports, and which measures such as the mandatory commented that ‘‘emotional support covers only dogs that are individually containment of emotional support animals should not be trained to trained to do work or perform tasks for animals in pet carriers.29 Similarly, the perform a specific task’’ because the the benefit of an individual with a Oklahoma Disability Law Center benefit of an emotional support animal disability. The Department has long commented that it would also support a is the animal’s presence; ‘‘there is often recognized that under its prior rule, air rule that allowed carriers to require transportation was the only mode of 31 Comment from PVA, https:// transportation on which emotional behavior attestations, as well as a rule beta.regulations.gov/comment/DOT-OST-2018- that would allow airlines to require 0068-19429. support animals must be 38 emotional support animal users to 32 The U.S. Department of Housing and Urban accommodated. Indeed, under the produce documentation from a licensed Development (HUD), which enforces the Fair ADA, emotional support animals are not Housing Act regulations, recognizes two types of required to be accommodated in public mental health professional following an assistance animals: (1) Service animals, and (2) 30 spaces such as restaurants, hotels, in-person visit. other trained or untrained animals that do work, Organizations that supported a DOT perform tasks, provide assistance, and/or provide theaters, or airports. This mismatch ACAA rule treating emotional support therapeutic emotional support for individuals with between the Department’s ACAA disabilities (‘‘support animal’’). See Service regulation and the DOJ’s ADA Animals and Assistance Animals for People with 26 Comment from the Autistic Self Advocacy Disabilities in Housing and HUD-Funded Programs, regulation was particularly striking Network, https://beta.regulations.gov/comment/ FHEO Notice: FHEO–2020–01, https:// DOT-OST-2018-0068-19232. www.hud.gov/sites/dfiles/PA/documents/ 36 Id. 27 Comment from the Disability Rights Education HUDAsstAnimalNC1-28-2020.pdf (Jan. 28, 2020), 37 Comment from PVA, https:// Defense Fund (DREDF), https:// and https://www.hud.gov/sites/dfiles/PA/ beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- documents/AsstAnimalsGuidFS1-24-20.pdf. 0068-19429. 0068-19264. 33 Comment from the Humane Society of the 38 We acknowledge that emotional support 28 Id. United States (Humane Society), https:// animals are permitted as a reasonable 29 Comments from Disability Rights Florida, beta.regulations.gov/comment/DOT-OST-2018- accommodation for a person with a disability under https://beta.regulations.gov/comment/DOT-OST- 0068-19184. the Fair Housing Act. However, we note that the 2018-0068-19336, and PVA, https:// 34 Comment from Opening Doors, PLLC, https:// large space available to the animal and the limited beta.regulations.gov/comment/DOT-OST-2018- www.regulations.gov/document?D=DOT-OST-2018- number of other individuals in close proximity to 0068-19429. 0068-7322. the animal differs significantly when compared to 30 Comment from the Oklahoma Disability Law 35 Comment from U.S. Support Animals, https:// the confined space on an aircraft cabin and the Center, https://www.regulations.gov/ beta.regulations.gov/comment/DOT-OST-2018- many other passengers in close proximity to the document?D=DOT-OST-2018-0068-19237. 0068-19248. animal on aircraft.

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given that passengers in air as psychiatric service animals. We disabilities who rely on psychiatric transportation are confined with service received few comments on this issue. service animals would be treated the animals in the narrow space of an PVA, for example, commented that an same as individuals with physical aircraft cabin for the duration of the emotional support rabbit could not be disabilities who rely on task-trained flight. individually trained to perform a task or service animals. The Department’s Second, after reviewing the comments function, but does provide emotional proposal was based on the fact that submitted during both the ANPRM and support for the individual by its there is no valid basis for allowing NPRM, we find persuasive the view of presence.39 U.S. Support Animals stated airlines to treat certain tasked-trained advocates who commented that task- that ‘‘requiring a person with an service animals differently from other trained service animals are also emotional disability to train their task-trained animals. generally provided enhanced training in emotional support animal to be a In the NPRM, the Department how to behave in public, while psychiatric service dog would be indicated that it was aware of concerns emotional support animals may not incredibly burdensome on most about passengers who falsely claim to have received this degree of training. disabled people and often an impossible have a mental health condition that may We also find persuasive the information standard to meet.’’ 40 While we require the use of a service animal. We provided by airlines and other understand PVA’s concern that there are recognized that it was this specific stakeholders indicating that emotional currently emotional support animals concern that originally led the support animals, or animals being such as rabbits that cannot be trained, Department to adopt heightened presented to the airline as emotional the Department’s final rule recognizes documentation and check-in support animals, are responsible for a only dogs as service animals, and it is requirements for users of both emotional significant percentage of the incidents of our understanding that the vast majority support animals and psychiatric service animal misbehavior onboard aircraft. of emotional support animals are dogs, animals. We noted in the NPRM, Finally, it is reasonable to predict that and dogs can be task-trained to perform however, that ‘‘unscrupulous passengers the Department’s definition will result many different tasks and functions. We may also falsely claim to have other in an overall reduction in the number of also note that the rule does not require hidden disabilities such as seizure uncrated animals onboard aircraft, service animal users to incur the cost of disorder or diabetes to pass off their pets thereby reducing the overall number of training by third party schools or as service animals and avoid paying animal misbehavior incidents (and the organizations; service animal users are airline pet fees.’’ 43 In other words, the overall number of potential allergic free to train their own dogs to perform concerns that led the Department to reactions) onboard aircraft. a task or function for them. adopt heightened documentation and For many of these same reasons, we check-in requirements for users of B. Psychiatric Service Animals have declined to adopt a process to psychiatric service animals is not accommodate emotional support The NPRM unique to psychiatric service animals. animals onboard, not as service animals, For these reasons, the proposed final but as a separate accommodation for In the NPRM, the Department proposed to change its service animal rule did not draw distinctions between individuals with disabilities with its psychiatric service animals and other own distinct set of requirements, such requirements to ensure that psychiatric service animals would be treated the types of service animals. as stricter documentation standards, In the NPRM, we indicated that if the containment in a pet carrier, etc. In our same as other service animals. Psychiatric service animals are rule were adopted as proposed, the view, allowing emotional support Department would monitor the animals with a stricter set of individually trained to do work or perform tasks for an individual with a experience of airlines in accommodating requirements would perpetuate tiered the use of psychiatric service animals, systems that give rise to confusion and psychiatric, intellectual, or other mental particularly given the concern that the continued opportunity for abuse and disability. In the NPRM, the Department unscrupulous passengers may attempt increased safety risk. As such, the final proposed to remove requirements for to pass off their pets as psychiatric rule allows airlines to treat emotional psychiatric service animal users that service animals. We indicated that we support animals as pets. We note, allowed airlines (1) to require would ‘‘consider revisiting whether it is however, that airlines may choose to psychiatric service animal users to reasonable and appropriate to allow continue to transport emotional support provide a letter from a licensed mental additional requirements for the use of animals without charge at their health professional of the passenger’s such animals if there is a demonstrated discretion. Furthermore, even if airlines need for the animal,41 (2) to require 48 need—for example, if there is a notable decide after the effective date of this hours’ advance notice of a passenger’s rule to charge pet fees for emotional intent to travel with a psychiatric increase in instances of passengers falsely representing pets as mental- support animals, this change would not service animal to give airlines sufficient 44 impact the ability of individuals with time to assess the passenger’s health-related service animals.’’ psychiatric or mental health disabilities documentation, 42 and (3) to require Comments Received to continue to travel with their check in one hour before the check-in Most individuals, disability rights psychiatric service animals onboard time for other passengers. The organizations, airlines, and other aircraft without being charged a pet fee. Department’s proposed definition of a stakeholders who commented on these This rule requires airlines to recognize service animal sought to ensure that topics supported the elimination of animals that are individually trained to individuals with mental and psychiatric regulatory distinctions between do work or perform tasks for the benefit psychiatric service animals and other of individuals with mental health 39 Comment from PVA, https:// service animals. Commenters generally disabilities as service animals, including beta.regulations.gov/comment/DOT-OST-2018- 0068-19429. observed that the Department’s prior psychiatric service animals. 40 We solicited comment on the specific Comment from, U.S. Support Animals at https://beta.regulations.gov/comment/DOT-OST- 43 Traveling by Air with Service Animals, Notice question whether and at what cost 2018-0068-19248. of Proposed Rulemaking, 85 FR 6448 (Feb. 5, 2020). emotional support animals could be 41 14 CFR 382.117(e). 44 Traveling by Air with Service Animals, Notice task-trained, and could therefore qualify 42 14 CFR 382.27(c)(8). of Proposed Rulemaking, 85 FR 6448 (Feb. 5, 2020).

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approach unfairly discriminated against DOT Response while being surrounded by a large group individuals with particular types of The Department agrees with of people. disabilities. Some commenters also commenters who expressed the view The Department decided against noted that the proposed rule harmonizes that it is inappropriate to allow airlines adopting a proposal that would include DOT’s approach with that of other to impose greater burdens on other species as service animals, Federal agencies in this respect. In psychiatric service animal users than on including miniature horses and contrast, four airlines (Air Canada, individuals who utilize service animals capuchin monkeys. However, the Allegiant Airlines, Asiana Airlines, and that are trained to do work or perform Department requested specific comment Spirit Airlines) and one advocacy tasks for the benefit of individuals with on whether it should recognize those 45 organization (the Michigan physical or other types of disabilities. animals under its definition of a service Developmental Disabilities Council) Accordingly, the Department will no animal. recommended that the Department longer draw a distinction between retain heightened documentation psychiatric service animal users when Comments Received requirements for psychiatric service traveling in air transportation and other animal users because of concerns that service animal users. This means that The Department received individuals who wish to travel with psychiatric service animals will be approximately 1,100 comments on this their pets in the cabin for free may start subject to the same regulations as other topic from individuals with disabilities. misrepresenting their pets as psychiatric service animals. Most notably, Commenters generally support dogs as service animals. psychiatric service animal users will no service animals, which is unsurprising longer be required to provide a letter as dogs have been, and continue to be, With respect to monitoring potential from a licensed mental health the most common species of service falsification of pets as psychiatric professional detailing the passenger’s animal relied upon by individuals with service animals, we received a range of need for the animal, nor will they be disabilities.50 The AAAE commented responses. A4A expressed concern that required to check in one hour before the that dogs represent approximately 90 ‘‘the fraud will migrate to the PSA check-in time for other passengers. percent or more of animals traveling on category,’’ and urged the Department to The Department will, however, aircraft, and supported recognizing dogs explain how it would collect data to monitor whether unscrupulous exclusively as service animals because monitor the issue.46 All Nippon individuals are attempting to pass off they are easily trained, and can hold Airways (ANA) expressed a similar their pets as service animals for non- their elimination function for extended view.47 American Kennel Club urged apparent disabilities, including (but not periods of time.51 Assistance Dogs the Department to monitor fraud with limited to) psychiatric disabilities. This International, North America (ADI–NA) respect to psychiatric service animals.48 process is not intended to single out or noted that dogs have both the PVA expressed concerns about the unduly burden psychiatric service temperament and the capability to assist Department’s stated intent to monitor animal users. Indeed, in the NPRM, the individuals with disabilities by potential fraud by individuals who Department noted the possibility that mitigating their disabilities through the attempt to pass off their pets as individuals could also attempt to pass performance of tasks.52 American off their pets as service animals for non- psychiatric service animals. PVA Airlines also noted that limiting the apparent physical disabilities, such as indicated that ‘‘the Department provides species of service animals to dogs diabetes. The Office of Aviation no information about why suspicion provides greater predictability and Consumer Protection welcomes the should be cast on psychiatric service access for most people with input and assistance of airlines, animal users versus animals that assist disabilities.53 The International Air disability advocacy organizations, and passengers with other non-apparent Transport Association (IATA) and 49 other stakeholders on how best to disabilities.’’ PVA also noted that individual foreign airline commenters without a clear sense of how that conduct the monitoring to ensure accurate data. also support including dogs exclusively monitoring would take place, the public as service animals. These commenters would not know whether any C. Species argued that requiring all carriers, both conclusions are based on accurate data. The NPRM domestic and foreign, to recognize only dogs, would bring the regulations for the 45 In the NPRM, the Department See Comments from Air Canada Airlines, domestic carriage of service animals in https://beta.regulations.gov/comment/DOT-OST- proposed to limit the species of animals alignment with those for international 2018-0068-19328; Allegiant Air, https:// that airlines would be required to beta.regulations.gov/comment/DOT-OST-2018- carriage, since foreign carriers have only 0068-19164; Asiana Airlines https:// recognize as service animals to dogs. Under the Department’s proposal, while been required under DOT’s ACAA beta.regulations.gov/comment/DOT-OST-2018- regulation to transport dogs as service 0068-19340, https://beta.regulations.gov/comment/ airlines could choose to transport other DOT-OST-2018-0068-19340; Spirit Airlines, https:// species of animals that assist beta.regulations.gov/comment/DOT-OST-2018- individuals with disabilities in the 50 In response to the ANPRM, Assistance Dogs 0068-19221; and the Michigan Developmental International (ADI) noted specifically that dogs Disabilities Council, https://beta.regulations.gov/ cabin for free pursuant to an established have been assisting individuals with disabilities for comment/DOT-OST-2018-0068-19191. airline policy, they would only be over 100 years. Comment from Assistance Dogs 46 Comment from A4A, https:// required under Federal law to recognize International, https://www.regulations.gov/ beta.regulations.gov/comment/DOT-OST-2018- dogs as service animals. The document?D=DOT-OST-2018-0068-4409. 0068-19240. 51 Comment from AAAE, https:// 47 Comment from All Nippon Airways (ANA), Department’s proposal considered the beta.regulations.gov/comment/DOT-OST-2018- https://beta.regulations.gov/comment/DOT-OST- fact that dogs are the most common 0068-19196. 2018-0068-19025. animal species used to assist 52 Comment from Assistance Dogs International, 48 Comment from American Kennel Club, https:// individuals with their disabilities, both North America (ADI–NA), https:// beta.regulations.gov/comment/DOT-OST-2018- on and off aircraft, and that dogs have beta.regulations.gov/comment/DOT-OST-2018- 0068-19163. 0068-17915. 49 Comment from PVA, https:// both the temperament and ability to do 53 Comment from American Airlines, https:// beta.regulations.gov/comment/DOT-OST-2018- work and perform tasks while behaving beta.regulations.gov/comment/DOT-OST-2018- 0068-19429. appropriately in a public setting and 0068-19138.

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animals.54 Air Canada also commented ADA, DOT would be promoting the event of an evacuation, potentially that no country other than the United confusion rather than reducing it.59 disabling it.63 States has required the acceptance of Disability rights advocates that A smaller number of disability 55 service animals other than dogs. commented in support of including advocacy organizations support the More than 400 individual inclusion of cats and other animal miniature horses in DOT’s ACAA commenters, however, supported also species as service animals. Ethiopian definition of a service animal including miniature horses in the Airlines commented that only dogs and commented that space on the aircraft Department’s definition of a service cats should be permitted as service and should not be a concern when animal. These commenters noted that emotional support animals.64 Similarly, considering whether a miniature horse some individuals with disabilities may the Transport Workers Union of can be accommodated in an aircraft not be able to use dogs to accommodate America recognizes that while dogs are their disability because of allergies or cabin. The commenters argued that the the most common service animals, other religious and/or cultural reasons. Department’s ACAA rule has always types of animals may also be trained to Furthermore, these commenters note required airlines to allow miniature provide needed assistance to that excluding miniature horses runs horses to accompany an individual with individuals with disabilities.65 The counter to DOT’s mission of promoting a disability on aircraft, subject to aircraft Autistic Self Advocacy Network consistency among Federal regulations, size limitations and FAA safety commented that cats can be trained to as DOJ requires regulated entities, in regulations. Psychiatric Service Dog perform tasks, such as detecting certain circumstances, to recognize Partners commented that many seizures.66 Conversely, A4A commented miniature horses as a reasonable miniature horses are comparable in size that cats have neither the temperament accommodation under the ADA.56 The to a St. Bernard, and that many can fold nor ability to be trained to do work or DREDF commented that DOT’s proposal their legs and lie down more easily than tasks to assist an individual with a 60 to ‘‘eliminate access for miniature their larger equine counterparts. disability or to behave appropriately in horses is particularly concerning Similarly, Starfleet Service Dogs an aircraft cabin.67 because these animals have access to commented that the height of a The Department also specifically public accommodations as a reasonable miniature service horse, from its sought comment on whether it should accommodation under the Department withers, should generally be 34 inches recognize capuchin monkeys in its of Justice’s Americans with Disabilities or shorter, and that in most cases a Great revised service animal definition. Act.’’ 57 Similarly, the Autistic Self Dane will be larger and take up more Several advocacy organization Advocacy Network commented that room than a miniature horse.61 commenters argued that capuchin DOT’s proposal to limit service animals Airlines and other industry monkeys deserve special treatment to dogs is arbitrary and inconsistent stakeholders who oppose the inclusion under DOT’s ACAA rule and that DOT with DOT’s stated goal of harmonizing of miniature horses argue that miniature should require airlines to transport Federal regulatory requirements, and horses are too big to be accommodated these animals, so long as they remain in that DOT’s proposal to exclude in the cabin of an aircraft, and that a carrier, because of the invaluable miniature horses is more restrictive than potential safety concerns could arise accommodations these animals provide DOJ’s regulations implementing Title III from transporting miniature horses in to individuals with disabilities. Helping of the ADA, which allow people with the aircraft cabin. A4A asserted that a Hands: Monkey Helpers for the Disabled disabilities to use miniature horses on miniature horse’s size, weight, and commented that its capuchin monkeys an individualized basis.58 Finally, The inability to curl up in a passenger’s are transported in pet carriers, often Disability Coalition (New Mexico) allotted foot space poses a substantial undetected, and wear diapers so that the commented that by diverging from the risk to flight safety, including the safety possibility of bodily fluids escaping the of passengers and crew, and that the carrier are de minimis, and the 54 Comment from International Air Transport presence of miniature horses in an possibility of disease transmission is 68 Association (IATA), https://beta.regulations.gov/ aircraft cabin would pose a serious risk prevented. comment/DOT-OST-2018-0068-19041. Airlines and other organizations such 55 Comment from Air Canada, https:// of injury to passengers and crew during moderate to severe turbulence or an as AVMA continue to believe that other beta.regulations.gov/comment/DOT-OST-2018- animal species, and capuchin monkeys 0068-19328. emergency situation due to these 56 in particular, should not be included in DOJ, while not recognizing miniature horses as animals’ weight and size.62 American service animals, requires entities covered by the DOT’s definition of a service animal Airlines likewise commented that ADA to make reasonable modifications in their because of animal welfare concerns, the policies, practices, or procedures to permit an miniature horses are classified as individual with a disability to use a miniature horse livestock, have hooves, are not as 63 Comment from American Airlines, https:// that has been individually trained to do work or flexible as dogs, are unable to manage perform tasks for the benefit of the individual with beta.regulations.gov/comment/DOT-OST-2018- a disability. DOJ sets forth four assessment factors their elimination functions the way a 0068-19138.https://beta.regulations.gov/comment/ to assist entities in determining whether reasonable trained service dog can, and that a DOT-OST-2018-0068-19138. modifications can be made to allow a miniature miniature horse’s hooves could 64 Comment from Ethiopian Airlines, https:// horse into a specific facility—(1) whether the puncture an aircraft evacuation slide in beta.regulations.gov/comment/DOT-OST-2018- miniature horse is housebroken; (2) whether the 0068-10984. miniature horse is under the owner’s control; (3) 65 Comment from Transport Workers Union, whether the facility can accommodate the miniature 59 Comment from The Disability Coalition (New https://beta.regulations.gov/comment/DOT-OST- horse’s type, size, and weight; and (4) whether the Mexico), https://beta.regulations.gov/comment/ 2018-0068-19183. miniature horse’s presence will compromise DOT-OST-2018-0068-19219. 66 Comment from the Autistic Self Advocacy legitimate safety requirements necessary for safe 60 Comment from Psychiatric Service Dog Network, https://beta.regulations.gov/comment/ operation of the facility. See 28 CFR 35.136(i); 28 Partners, https://beta.regulations.gov/comment/ DOT-OST-2018-0068-19232. CFR 36.302(c)(9). DOT-OST-2018-0068-17092. 67 Comment from A4A, https:// 57 Comment from DREDF, https:// 61 Comment from Starfleet Service Dogs, https:// beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- 0068-19240. 0068-19264. 0068-18551. 68 Comment from Helping Hands: Monkey 58 Comment from Autistic Self Advocacy 62 Comment from A4A, https:// Helpers for the Disabled, https:// Network, https://beta.regulations.gov/comment/ beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- DOT-OST-2018-0068-19232. 0068-19240. 0068-18160.

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potential for serious injury, and transported in the cabin by airlines continue to assess each animal zoonotic risks.69 ADI–NA commented annually is also exceptionally small, individually to determine whether a that capuchin monkeys are not and airlines are free to accommodate the specific animal poses a direct threat to domesticated animals and subjecting transport of miniature horses for the health or safety of others, instead of these animals to stress in the air travel passengers if they choose to do so. determining whether to transport a environment increases the chance of There are also practical concerns related service animal based on stereotypes or their behaving aggressively or at least to the carriage of miniature horses that generalized assumptions about how a disruptively during air travel.70 Finally, may make it difficult for airlines to breed or type of dog may or may not A4A commented that capuchin accommodate these animals on small behave. The Department also monkeys would likely accompany a aircraft safely. While one commenter specifically sought comment on whether qualified trainer on an aircraft, for the noted that miniature horses are more the unique environment of a crowded purposes of transporting the animal for flexible than large horses, as a practical airplane cabin in flight justifies delivery to an individual with a matter they are far less flexible than permitting airlines to prohibit pit bull- disability, instead of accompanying an dogs and are unable to curl up at the feet type dogs, or any other particular breed individual with a disability, which of the handler and fit into the space or type of dog, from traveling on aircraft ultimately brings the transport of directly in front of the service animal under the ACAA, even when those dogs capuchin monkeys beyond the scope of user’s seat, like most dogs. In certain have been individually trained to DOT’s existing ACAA rule.71 instances, miniature horses may need to perform as service animals to assist a occupy the space in front of more than passenger with a disability. DOT Response one seat to be accommodated on an Comments Received The Department has considered the aircraft, and in some instances, they comments received and has decided to may need to occupy the space in front The Department received nearly 700 adopt, as proposed, a rule limiting the of an entire row of seats to be comments on whether airlines should species of service animals to dogs only. accommodated in the aircraft. be permitted to restrict service dogs This decision considers that dogs are The Department was also based on breed or type. Most the most common animal species used unpersuaded that airlines should be commenters supported the Department’s by individuals to mitigate disabilities required to carry capuchin monkeys. As proposal, opposing a departmental both on and off aircraft. A rule requiring the Department stated in its proposal, regulation that would categorically airlines to accept trained service dogs although trained capuchin monkeys can exclude any specific dog breed or type. will permit the vast majority of service assist persons with limited mobility These commenters noted that animal users to travel with their service with their daily tasks, capuchin individuals with disabilities use a wide animals while also minimizing monkeys may present a safety risk to range of dog breeds as service animals confusion and safety concerns for other passengers as they have the to accommodate a variety of disabilities, airlines, airports, and individuals with potential to transmit diseases and may and airlines should not be permitted to disabilities. Overall, dogs have the exhibit ‘‘unpredictable aggressive refuse transportation to certain breeds or temperament and ability to be trained to behavior.’’ Further, capuchin monkeys types of dogs as long as the dogs do not do work and perform tasks while fall outside of the regulatory framework pose a direct threat and are individually behaving appropriately in a public because qualified trainers, rather than trained to do work or perform tasks for setting, and while being surrounded by individuals with disabilities, typically the benefit of an individual with a a large group of people in the close travel by air to deliver the monkeys to disability. Most, if not all, disability confines of an aircraft cabin. Although an individual with a disability, and advocates supported the Department’s airlines may choose to transport other would not be accompanied by the proposal to prohibit dog breed or type species of animals, such as cats, service animal user. restrictions, arguing that the miniature horses, and capuchin determination of whether a particular monkeys, that assist individuals with D. Breed or Type of Dog service animal poses a direct threat disabilities in the cabin for free The NPRM should be based on an individualized, pursuant to an established airline The Department proposed to continue observed, and objective assessment by policy, they would only be required to prohibit carriers from refusing to the airline, and should not be based on under Federal law to recognize trained transport a trained dog as a service generalized assumptions or stereotypes dogs as service animals. animal based solely on breed or about the dog’s type or breed. Disability Although some service animal users generalized physical type. Under the advocates also expressed support for would prefer to, and in fact do, use Department’s proposal, airlines would DOT’s proposal because it is consistent miniature horses instead of dogs as with DOJ’s ADA regulations, with service animals, the number of Service Dog Partners, miniature horses are respect to prohibiting regulated entities individuals that use trained miniatures substantially less common. from limiting a service animal to a horses as service animals is quite small Miniature horses are not at all common as pets, specific breed. Various commenters also compared to that of service animal dog nor is there reason to think they would become so. cited studies that have concluded that users.72 The number of miniature horses Generally, a person is unable to and does not environmental factors, rather than a acquire a miniature horse without deliberate planning. Further, if someone is to travel with a dog’s breed, determine a dog’s 69 Comment from AVMA, https:// large animal with needs like that of a mini-horse, propensity to harm a person or animal. beta.regulations.gov/comment/DOT-OST-2018- the training and planning that travel requires carries Regarding a specific breed, the 0068-19283. with it greater assurances of handler responsibility Department received the most feedback 70 Comment from ADI–NA, https:// than do the tag-along possibilities of many pets. beta.regulations.gov/comment/DOT-OST-2018- There is no good reason to believe that allowing in the comments about pit bulls. 0068-17915. access with service miniature horses would According to Wisdom Panel, a pit bull 71 Comment from A4A, https:// translate to any increase in the public trying to DNA testing organization, the term ‘‘pit beta.regulations.gov/comment/DOT-OST-2018- bring an assortment of pets with them as service bull’’ does not refer to a single 0068-19240. animals. 72 AAAE commented that dogs represent See comment from Psychiatric Service Dog recognized breed of dog, but rather to a approximately 90 percent or more of animals Partners, https://beta.regulations.gov/comment/ genetically diverse group of breeds that traveling on aircraft and according to Psychiatric DOT-OST-2018-0068-17092. are associated by similar physical

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traits.73 Wisdom Panel explains that pit would be no need to ban pit bulls for outside of the United States that impose bull-type dogs have historically been fear of their behavior. entry restrictions on certain dog breeds. bred by combining guard-type breeds The Department also received many Deutsche Lufthansa Airlines (Lufthansa) with terriers for certain desired comments in support of allowing urged DOT to consider allowing airlines characteristics, and, as such, they may airlines to ban specific breeds of service to restrict service animals of specific retain many genetic similarities to their animals. Airlines and airline breeds because, with respect to original breeds and other closely related organizations expressed concerns that international travel from the United breeds.74 According to the Humane not allowing airlines to restrict service States, there are other additional foreign animals based on breed could result in Society, 46 percent of dogs in the regulations to comply with concerning an unsafe flying environment and United States were of mixed breed as of the transport of animals.84 Specifically, 2012.75 The American Temperament argued that airlines should have the discretion to choose whether to Lufthansa noted that France and Test Society found that more than 85 Germany, for example, have percent of pit bull-type dogs have tested transport dogs that are capable of inflicting serious harm. A4A argued that implemented strict entry bans for with above average temperaments (85.6 not allowing airlines to restrict transport specific breeds of dogs, such as percent of Golden Retrievers and 85 of service animals based on breed or Staffordshire Bull Terriers, American percent of German Shepherds tested the Pitbull Terriers, Mastiff type dogs, and 76 generalized type of dog would increase same). According to the Humane the risk of animal misbehavior, which Tosa Inu (France); and Pit Bull Terriers, Society, an AVMA study found that could result in serious injury to other American Staffordshire Terriers, physical breed standards/visual passengers, crew, and service animals.80 Staffordshire Bull Terriers, and Bull identification as a way of identifying a They argued that certain breeds of dog, Terrier (Germany), and that requiring dog’s breed, which is the method used which account for a small minority of airlines to transport all breeds may by airlines to identify dog breed, is the total dog population, are not suited 77 present a conflict of laws that would seriously flawed. Furthermore, the to function as trained service animals. cause severe disruption, not only to the Humane Society states that an American They also noted that certain breeds raise airline but also to passengers.85 Journal of Sociological Research study legitimate fears from other passengers found that animal professionals, and animals, including other service Many individual commenters also veterinarians, and animal control dogs and handlers. American Airlines opposed recognizing pit bulls as service officers were unable to identify correctly asserted that airplanes are a unique animals. According to dogbites.org, dog breeds visually when compared environment—‘‘they are crowded spaces which obtains data on canine-related with DNA evidence, and that dogs with with no opportunity for egress—which injuries and fatalities from news reports, blocky heads and thick necks were could be triggering, and triggering an photographs, police reports, coroner commonly misidentified as pit bulls animal with large and powerful jaws reports, and court filings, canines killed because there is no clear definition or and neck muscles that can be ferocious 512 individuals in the United States set of characteristics that define a ‘‘pit if ‘provoked,’ is a direct threat to the between 2005 and 2019.86 Of the 512 bull’’ type.78 Commenters also cited a health and safety of our crews, individuals killed by dogs, dogbites.org growing body of evidence suggesting passengers, and other service reports that pit bulls were involved in that pit bulls do not have a stronger bite animals.’’ 81 American Airlines further 346 of these deaths (66 percent of the strength than similar-sized dogs. argued that there is precedent for deaths) despite only comprising about 7 According to a study cited by the adopting a more stringent approach in percent of the total U.S. dog Humane Society, which looked at 150 the airline environment because air population.87 Similarly, media reports scientific papers from 1969 to 2009, and travel differs from other places of public and news accounts tracked by two legal cases, many claims about the accommodation. Some airlines argued ANIMALS 24–7 since 1982 indicate that jaw strength of pit bull-type dogs are that individualized assessments are not approximately one pit bull in 100 will enough.82 For example, Spirit Airline based on misinterpretations with no kill or disfigure a human, or kill another and Air Canada argued that some reliable data or sources.79 Commenters pet or livestock animal, each year.88 animals are more prone to aggression also noted that numerous municipalities According to ANIMALS 24–7, two across the country are rescinding their and may not exhibit such behavior until they are onboard an aircraft.83 Thus, recent studies published in prominent pit bull bans, realizing that the bans are scientific journals point toward misguided. Furthermore, commenters even with the ability to refuse transportation to dogs that exhibit anatomical differences in dog brain argued that if DOT ultimately requires aggressive behavior, it may, in some structure among various breeds, which that all service animals be trained, there instances, be too late by the time an in dogs bred for centuries to fight, animal that eventually exhibits appear to be linked to reactivity and 73 https://help.wisdompanel.com/s/article/Does- aggression.89 Wisdom-Panel-test-for-Pit-bull. aggressive behavior has boarded an 74 Id. aircraft. 75 Comment from the Humane Society of the Foreign airlines and commenters 84 Comment from Deutsche Lufthansa Airlines United States and the Humane Society Legislative raised concerns about jurisdictions (Lufthansa), https://beta.regulations.gov/comment/ Fund, https://beta.regulations.gov/comment/DOT- DOT-OST-2018-0068-19351. 85 OST-2018-0068-19184. 80 Comment from A4A, https:// Comment from Lufthansa Airlines, https:// 76 https://atts.org/breed-statistics/ beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- statistics-page1/. 0068-19240. 0068-19351. 77 Comment from the Humane Society of the 81 Comment from American Airlines, https:// 86 Comment from DogsBite.org, https:// United States and the Humane Society Legislative beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- Fund, https://beta.regulations.gov/comment/DOT- 0068-19138. 0068-18935. OST-2018-0068-19184. 82 Id. 87 Id. 78 Comment from the Humane Society of the 83 See Comments from Air Canada Airlines, 88 Comment from ANIMALS 24–7, https:// United States and the Humane Society Legislative https://beta.regulations.gov/comment/DOT-OST- beta.regulations.gov/comment/DOT-OST-2018- Fund, https://beta.regulations.gov/comment/DOT- 2018-0068-19328, and Spirit Airlines, https:// 0068-12212. https://beta.regulations.gov/comment/ OST-2018-0068-19184. beta.regulations.gov/comment/DOT-OST-2018- DOT-OST-2018-0068-12212. 79 Id. 0068-19221. 89 Id.

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DOT Response Commenters suggesting that airlines are a dog that is individually trained to do The Department is declining in this not able accurately to distinguish a pit work or perform tasks for the benefit of final rule to adopt a categorical bull-type dog from a non-pit bull-type a qualified individual with a disability, exclusion for particular breeds or types dog that may have similar features including a physical, sensory, of dogs as service animals and will unless DNA testing has been conducted psychiatric, intellectual, or other mental disability. DOT’s proposed definition of continue at this time to prohibit airlines further supports the Department’s position that categorically excluding a service animal, which is more closely from refusing to accommodate a dog particular breeds is not appropriate. aligned with DOJ’s definition of a that is individually trained to do work The Department also recognizes the service animal under the ADA, is or perform tasks for the benefit of a concerns raised by IATA and foreign intended to address concerns raised by qualified person with a disability and airlines that certain foreign jurisdictions airlines, airports, and disability that otherwise satisfies the requirements may have laws prohibiting passengers advocates about challenges associated of a service animal based solely on the from bringing certain breeds of dogs into with inconsistencies between the dog’s breed or generalized type. these jurisdictions. To address this definition of a service animal in the However, the final rule specifies that concern, the Department has included airport environment and on aircraft. airlines are permitted to make an language, in section 382.79(a)(3), that DOT’s existing service animal individualized assessment based on makes clear that an airline may deny regulations require airlines to recognize reasonable judgement and objective transport to a service animal if the emotional support animals, and all evidence to determine if a service animal’s carriage would violate species of service animals, with limited animal poses a direct threat to the applicable health or safety requirements exceptions. Meanwhile, DOJ’s ADA health or safety of others. The of a foreign government. regulations, which apply to public and Department believes that this standard, The Department understands the commercial airports and airport which is based on objective evidence of concerns raised about pit bulls and facilities operated by businesses like the dog’s behavior, rather than certain other breeds or types of dogs that restaurants and stores, limit service generalized assumptions about how a have a reputation of attacking people animals to dogs, and do not recognize breed or type of dog would be expected and inflicting severe and sometimes emotional support animals as service to behave, provides airlines with the fatal injuries. The Department also animals.91 The significant best means of determining whether the understands that there may be concerns inconsistencies between DOT’s former particular animal poses a direct threat to that certain dogs may be dangerous, ACAA definition of a service animal, the health and safety of others. particularly dogs that have been bred to and DOJ’s ADA definition of a service Furthermore, prohibiting airlines from fight, which may be linked to a animal have presented practical banning particular breeds of dogs, heightened degree of reactivity and challenges for airlines and airports and including pit bull-type dogs, on aircraft aggression. The Department will the traveling public. The Department, is consistent with DOJ guidance under continue to monitor published studies through its NPRM proposal, sought to the ADA. We note that DOJ also rejects or accounts of dog behavior by breed or promote greater consistency among an outright ban on service animals type and reports of incidents involving Federal regulatory requirements, to because of their breed in implementing service dogs, and if there are compelling decrease confusion for individuals its regulations under the ADA. DOJ has studies or data indicating that there are traveling with service animals, to advised municipalities that prohibit particular dog types or breeds that are recognize the distinct characteristics of specific breeds of dogs that they must established to pose a heightened threat an aircraft cabin as compared to other make an exception for a service animal to the health and safety of people in indoor environments, and to streamline of a prohibited breed, unless the dog close proximity, we will revisit this the treatment of service animals in the poses a direct threat to the health or issue. At this time, however, the context of air travel. safety of others, a determination that Department finds that the airlines’ must be made on a case-by-case basis.90 ability to conduct an individualized Comments Received assessment of a service animal’s The Department received more than 90 See Frequently Asked Questions about Service behavior to determine whether the Animals and the ADA, Questions 22–24, available 7,200 comments on the proposed at https://www.ada.gov/regs2010/service_animal_ service animal poses a direct threat to definition of a service animal, with a qa.html https://www.ada.gov/regs2010/service_ the health or safety of others is an nearly even split between individual animal_qa.html ( 20, 2015): adequate measure to ensure that commenters who supported or opposed [I]f an individual uses a breed of dog that is aggressive animals are not transported the Department’s proposed definition. perceived to be aggressive because of breed reputation, stereotype, or the history or experience on aircraft, rather than permitting Most disability rights advocates and the observer may have with other dogs, but the dog airlines to ban an entire breed or type all of the airlines and airline is under the control of the individual with a of dog. organizations that commented on the disability and does not exhibit aggressive behavior, NPRM expressed support for the the public accommodation cannot exclude the E. Considerations on Alignment With Department’s proposed definition of a individual or the animal from the place of public DOJ Definition accommodation. The animal can only be removed service animal. The American Council if it engages in the behaviors mentioned in The NPRM of the Blind supported the proposal, § 36.302(c) (as revised in the final rule) or if the stating that limiting service animals to presence of the animal constitutes a fundamental In the NPRM, the Department alteration to the nature of the goods, services, proposed to define a service animal as trained animals will make the facilities, and activities of the place of public requirements for airlines and their accommodation. the public accommodation cannot exclude the See also 75 FR 56236, 52266–56267 ( individual or the animal from the place of public 91 DOJ explains that it did not classify emotional 15, 2010): accommodation. The animal can only be removed support animals as service animals because the [I]f an individual uses a breed of dog that is if it engages in the behaviors mentioned in provision of emotional support, well-being, comfort perceived to be aggressive because of breed § 36.302(c) (as revised in the final rule) or if the and companionship does not constitute work or reputation, stereotype, or the history or experience presence of the animal constitutes a fundamental tasks. See Nondiscrimination on the Basis of the observer may have with other dogs, but the dog alteration to the nature of the goods, services, Disability by Public Accommodations and in is under the control of the individual with a facilities, and activities of the place of public Commercial Facilities, 75 FR 56236, 56269 (Sept. disability and does not exhibit aggressive behavior, accommodation. 15, 2010).

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employees less complicated and more These commenters believe that it would in line with DOJ’s definition of a service succinct; 92 while other groups be more appropriate for DOT to align its animal and takes into consideration, as supported the definition because it is regulations with HUD, which enforces commenters raised, the challenges more consistent with DOJ’s ADA FHA regulations,98 because associated with the inconsistencies definition of a service animal. These discrimination in housing is more between the definition of a service commenters argued that a more analogous to air travel as travelers who animal in the airport environment and consistent definition would benefit depend on service animals for on aircraft that stakeholders have travelers with disabilities. assistance will likely be at their identified.99 The majority of airlines and airline destination for longer periods of time 2. Definition of Service Animal Handler organizations likewise supported the and the loss of their service animal Department’s proposal, in the interest of would be more acute. Specifically, the The NPRM 93 greater regulatory consistency. IATA Autistic Self Advocacy Network notes The Department proposed to define a commented that a service animal that while an individual with a service animal handler as a qualified definition that is more consistent disability may be impacted somewhat individual with a disability who between the ACAA and the ADA will by being separated from their service receives assistance from a service provide greater clarity for airlines, animal for a few hours while at animal(s) that does work or performs airports, individuals with disabilities, establishments covered by the ADA, tasks that are directly related to the and the traveling public. Likewise, A4A e.g., stores, restaurants, movie theaters, individual’s disability, or a safety commented that DOT’s proposal to more etc., the impact of being separated from assistant 100 who accompanies an closely align its definition with DOJ’s a service animal is more significant in individual with a disability traveling rules implementing the ADA would not the housing and transportation context with a service animal(s). The only decrease confusion for individuals as the separation would be for a much Department proposed that the service with a disability, airline personnel, and longer duration. animal handler would be responsible for airports, but would also establish a clear DOT Response keeping the service animal under distinction between a legitimate service control at all times, and caring for and The Department has considered the animal that is trained to do work or supervising the service animal, which comments it received and Congress’s perform a task for the benefit of a person includes toileting and feeding. The 94 mandate in the FAA Act that the with a disability and a pet. DOT’s proposed definition of a service Department consider whether it should Several disability advocates opposed animal handler differed from DOJ’s align its ACAA definition of a service the Department’s proposed definition of technical assistance, which states that a animal with the service animal a service animal. U.S. Support Animals service animal handler can be either an definition established by the DOJ in its urged the Department to focus on the individual with a disability or a third rule implementing the ADA. In this language of the ACAA, which prohibits party who accompanies the individual final rule, the Department is revising its airlines from discriminating against with a disability.101 The Department definition of a service animal under the individuals with disabilities, and proposed to limit the definition of ACAA as a dog, regardless of breed or discouraged DOT from seeking to align service animal handlers to the type, that is individually trained to do its definition of a service animal with individual with a disability who is work or perform tasks for the benefit of DOJ’s ADA rule, when the ADA was being helped by the animal and a safety 95 a qualified individual with a disability, enacted four years after the ACAA assistant, meaning another individual including a physical, sensory, U.S. Support Animals further who is required to travel with the psychiatric, intellectual, or other mental commented that if Congress intended person with a disability to assist that disability. Species of animals other than for the ACAA to be ‘‘subordinate’’ to the person in an evacuation from the dogs, emotional support animals, ADA, it could have easily repealed the aircraft, in order to make clear that comfort animals, companionship ACAA and included its provision in the service animal trainers and other ADA.96 Both U.S. Support Animals and animals, and service animals in training are not service animals under this the Autistic Self Advocacy Network 99 Although the Department, in this final rule, has commented that it would be improper definition. This revised definition does closely aligned its service animal definition under for the Department to align its ACAA not preclude airlines from allowing the ACAA with DOJ’s service animal definition definition of a service animal with DOJ’s passengers to travel with animals that under the ADA, the substantive requirements in are not included within the revised this rule differ from DOJ’s requirements for service ADA definition because unlike the animals under the ADA in numerous respects. For ADA, which is broadly applicable to a service animal definition; however, instance, in this final rule, the Department allows number of contexts, the ACAA applies airlines are not required by Federal law carriers to require passengers traveling with service to treat those animals as service animals to submit a DOT health and behavior only to air transportation, and its attestation form and for long flights, a DOT service regulations should pertain to the animals. This revised definition is more animal relief attestation form. Conversely, DOJ specific circumstances of air travel.97 regulations prohibit covered entities from requiring 0068-19248 and Autism Self Advocacy Network, documentation from a service animal user, such as https://beta.regulations.gov/comment/DOT-OST- proof that the animal has been certified, trained, or 92 Comment from American Council of the Blind, 2018-0068-19232. licensed as a service animal. See 28 CFR 35.136(f), https://beta.regulations.gov/comment/DOT-OST- 98 28 CFR 36.302(c)(6). 2018-0068-18365. HUD, which enforces Fair Housing Act regulations, recognizes two types of assistance 100 The term ‘‘safety assistant’’ is used in the 93 Comment from International Air Transport animals: (1) Service animals, and (2) other trained Department’s disability regulation. See 14 CFR Association, https://beta.regulations.gov/comment/ or untrained animals that do work, perform tasks, 382.29(b). DOT-OST-2018-0068-19041. provide assistance, and/or provide therapeutic 101 94 See Frequently Asked Questions about Service Comment from A4A, https:// emotional support for individuals with disabilities Animals and the ADA, Questions 27, available at beta.regulations.gov/comment/DOT-OST-2018- (‘‘support animal’’). See Service Animals and https://www.ada.gov/regs2010/service_animal_ 0068-19240. Assistance Animals for People with Disabilities in qa.html, (, 2015), ‘‘The ADA requires that 95 Comment from U.S. Support Animals, https:// Housing and HUD-Funded Programs, FHEO Notice: service animals be under the control of the handler beta.regulations.gov/comment/DOT-OST-2018- FHEO–2020–01 at https://www.hud.gov/sites/dfiles/ at all times. In most instances, the handler will be 0068-19248. PA/documents/HUDAsstAnimalNC1-28-2020.pdf the individual with a disability or a third party who 96 Id. (Jan. 28, 2020), and https://www.hud.gov/sites/ accompanies the individual with a disability.’’ 97 Comments from U.S. Support Animals, https:// dfiles/PA/documents/AsstAnimalsGuidFS1-24- https://www.ada.gov/regs2010/service_animal_ beta.regulations.gov/comment/DOT-OST-2018- 20.pdf. qa.html.

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passengers traveling with an individual include safety assistant in its definition a certification that the animal would not with a disability on aircraft who are not of a service animal handler.106 need to relieve itself or could relieve safety assistants would not be itself in a way that does not create a DOT Response considered service animal handlers health or sanitation risk. The under the ACAA rules. The Department The Department has decided to define Department proposed that each form sought comment generally on its the term ‘‘service animal handler’’ in its include a warning to service animal decision to define the term ‘‘service disability regulation differently from users that it would be a Federal crime, animal handler’’ and sought comments proposed.107 The Department is in violation of 18 U.S.C. 1001, to make on its proposed definition. The persuaded by the comments supporting false statements or representations on Department also sought comment on the recognition of third-party service these forms to secure disability what impact, if any, its exclusion of animal handlers consistent with DOJ’s accommodations. The Department also third parties as service animal handlers ADA guidance and is revising its proposed to allow airlines to require might have on individuals with proposed definition of a service animal passengers to submit completed disabilities who are traveling on aircraft handler in this final rule to more closely versions of these forms as a condition of with a service animal. align with DOJ’s treatment of a service travel. The Department sought comment animal handler. The revised definition Comments Received on its proposal to standardize the includes third parties in the DOT service animal documentation process Disability advocates, such as PVA and definition of a service animal handler. It by allowing airlines to require DOT DREDF, opposed DOT’s proposed also excludes safety assistants because, forms, and its proposal that the DOT definition of a service animal handler, as commenters noted, safety assistants forms be the only documentation that an arguing that the Department should do not necessarily serve the same role airline could require from a passenger make its definition of a service animal as service animal handlers. The revised traveling with a service animal. The handler consistent with DOJ’s ADA definition also provides for the situation Department recognized that the DOJ guidance on service animal handlers, where a child with a disability, who does not allow these types of forms for 102 which includes third parties. may not be able to control a service public accommodation under the ADA. Disability Rights Florida also animal physically, is accompanied by a The Department reasoned, however, that commented that it ‘‘urges DOT to use parent or other third party who air transportation is unique because it the DOJ ADA formulation to allow a physically handles and controls the involves transporting a large number of third party, such as a parent, caretaker service animal on the child’s behalf. individuals in a confined space or aide, to also be a service animal 3. Service Animal Documentation thousands of feet in the air with no handler for a young child or other means of egress; accordingly, it stated individuals with a disability.’’ 103 In the NPRM, the Department proposed to allow airlines to require that it would be appropriate for airlines Some disability advocates also to require these forms to ensure that the opposed DOT’s proposal to define safety individuals traveling with a service animal to submit three DOT-created animal does not pose a health or safety assistants as service animal handlers, risk to other passengers or service arguing that safety assistants are not forms: (1) A certification of a service animal’s good behavior and training; (2) animals before boarding the cabin of the service animal handlers, as their aircraft. purpose is to ensure safe a certification of good health; and (3) for flight segments of eight hours or more, DOT received nearly 500 comments disembarkation from the aircraft, not to on its proposal to allow airlines to handle a passenger’s service animal. 106 require service animal handlers to Open Doors Organization commented See Comment from Association of Asian Pacific Airlines (AAPA), https:// submit the various forms to airlines. We that a ‘‘safety assistant’s sole purpose is beta.regulations.gov/comment/DOT-OST-2018- will discuss each form and its elements to assist a traveler with a disability in 0068-19323, ‘‘[w]e also support DOT’s proposal to in greater detail below. the event of an emergency, not to limit the definition of a service animal handler to provide personal care assistance or any a qualified individual with a disability or a safety A. Behavior and Training Form assistant travelling with them, who will be other non-safety-related help to a responsible for keeping the animal under control at The NPRM traveler.’’ 104 Similarly, Psychiatric all times, and caring for and supervising the service Service Dog Partners commented that a animal, including toileting and feeding.’’ Also, see First, the Department proposed to ‘‘member of the disabled service animal comment from A4A at Service animal handler, allow airlines to require a U.S. https://beta.regulations.gov/comment/DOT-OST- Department of Transportation Air user’s party should not need to meet the 2018-0068-19240, ’’[w]e support DOT’s proposed ‘safety assistant’ description in 14 CFR definition of ‘‘service animal handler’’ as ‘‘a Transportation Service Animal Behavior 382.29 in order to provide handling qualified individual with a disability who receives and Training Attestation Form assistance.’’ 105 Conversely, with respect assistance from a service animal(s) that does work (Behavior and Training Form), to be or performs tasks that are directly related to the completed by the service animal to airlines, the Association of Asian individual’s disability, or a safety assistant, as Pacific Airlines (AAPA) s and A4A both described in section 382.29(b), who accompanies an handler, which often is the same person expressed support for DOT’s proposal to individual with a disability traveling with a service as the individual with a disability who animal(s).’’ receives assistance from the service 107 The definition of service animal handler in 14 102 animal. The proposed Behavior and Comments from PVA, https:// CFR part 382 is solely for the purpose of beta.regulations.gov/comment/DOT-OST-2018- determining the individuals who would be Training Form would have required the 0068-19429, and DREDF, https:// responsible for the care and control of an animal handler to certify that: (1) The animal beta.regulations.gov/comment/DOT-OST-2018- that does work or performs tasks that are directly has been individually trained to do 0068-19264. related to an individual’s disability. It does not work or perform tasks for the benefit of 103 Comment from Disability Rights Florida, mean that these individuals would be considered https://beta.regulations.gov/comment/DOT-OST- service animal handlers under 14 CFR part 121. the passenger with a disability; (2) the 2018-0068-19336. Specifically, they are not considered ‘‘persons animal has been trained to behave 104 Comment from Open Doors Organization, necessary for the safe handling of animals’’ in properly in public; (3) the handler is https://beta.regulations.gov/comment/DOT-OST- section 14 CFR 121.583(a)(4)(ii), which provides aware that the service animal must be 2018-0068-19305. that a person necessary for the safe handling of 105 Comment from Psychiatric Service Dog animals is excluded from the passenger-carrying under the handler’s control at all times; Partners, https://beta.regulations.gov/comment/ requirements of part 121. See 14 CFR (4) the handler is aware that if the DOT-OST-2018-0068-17092. 121.583(a)(4)(ii). animal misbehaves in a way that

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indicates it has not been properly percent of individuals, and the great burdens on individuals traveling with trained, then the airline may treat the majority of the disability rights service animals.112 animal as a pet; and (5) the handler is advocacy organizations, who While a number of organizations aware that the handler may be liable for commented on the issue. Those (such as ADI–NA, America’s VetDogs, damage caused by the service animal’s commenters who opposed this form, and the Open Doors Organization) misbehavior, so long as the airline such as the National Council on strongly oppose documentation charges passengers without disabilities Disability, the American Council for the requirements for individuals with for similar kinds of damage. Blind, and DREDF, argued that it would disabilities traveling with trained The Department proposed to allow service animals, these organizations be unduly burdensome for passengers airlines to require this form as a commented that if the Department were with disabilities, especially to those condition of transport for individuals to allow airlines to require behavior and who had never been required to submit traveling with service animals because training attestations, it would be less the form would allow airlines to receive any type of documentation to travel burdensome on individuals with direct assurances from service animal with their service animal in the past. disabilities if these attestations could be users of their animal’s good behavior PVA commented that ‘‘[d]ecades of made through a check-box system and training. The form would have also access without documentation have available on each airline’s website served as an instrument to educate been provided for the vast majority of during the reservation process.113 A4A passengers traveling with service service animal users,’’ and that and IATA indicated that the only animals on how service animals in air requiring all passengers with disabilities effective way to reduce fraud is to transportation are expected to behave, who use service animals to attest to require passengers to obtain a and that the airline could charge their animal’s behavior and training, certification from an accredited service passengers for damage caused by a and provide a health form to gain access dog training organization such as service animal, so long as the airline ‘‘burdens an individual’s civil rights Assistance Dogs International or the had a policy of charging other without any justification that such International Guide Dog Federation that passengers for similar kinds of damage. burden is needed.’’ 109 Other opponents the animal has been properly trained The Department also reasoned that the argued that the forms were unnecessary (either by the organization itself or by form itself would have the potential to and inconsistent with other Federal the dog’s handler).114 serve as a deterrent for individuals who civil rights laws. might otherwise seek to claim falsely DOT Response The proposed Behavior and Training that their pets are service animals, as The Department is of the view that those individuals may be less likely to Form was supported by about forty allowing airlines to require individuals falsify a Federal form and thus risk the percent of individuals, all of the airline with disabilities to attest to their potential for criminal prosecution. and industry organizations, and a animal’s good behavior and training The Department sought comment on minority of advocacy organizations that serves the important purpose of its proposal to allow airlines to require commented on the issue. Supporters of ensuring that passengers are aware of the DOT Behavior and Training Form, the form, such as A4A, argued that it how their animals are expected to the general content of the form, and would provide a uniform method of behave on aircraft. Furthermore, the whether the form would help ensure ensuring that animals have been Department believes that allowing that service animals are properly properly trained to perform a task or airlines to require an attestation trained. DOT also sought comment on function and trained to behave in completed by the service animal users, whether the form would serve as an public, and the consistency of a DOT rather than a veterinarian or other third effective fraud deterrent for passengers form would facilitate a smoother travel party, as a means of verifying the service who might try to misrepresent their pets experience for persons with animal’s good behavior, training and as service animals, and the impact this disabilities.110 Spirit Airlines good heath, will impose minimal form would potentially impose on those commented that the DOT forms would burdens on service animal users. The individuals traveling with traditional ‘‘lessen the opportunity for confusion Department also believes that a behavior service animals who were not and promote uniformity across domestic and training attestation will assure previously required to provide air travel.’’ 111 Psychiatric Service Dog airline personnel and the traveling 108 documentation to airlines. Partners also commented that if DOT public that an animal, which is being Comments Received permitted airlines to require a form, it presented as a service animal for uncrated transport in the aircraft cabin, The proposed Behavior and Training is important that the forms be uniform, has been both trained to perform a task Form was opposed by nearly sixty transferable among airlines, and available to individuals with disabilities or function for the passenger with a disability, and has been trained to 108 The Department was aware of airline policies in an accessible format to reduce requiring or recommending that passengers with behave in public. As such, this final rule disabilities traveling with service animals carry 109 See Comments from PVA, https:// allows airlines to require passengers vaccination, training, or behavior documentation beta.regulations.gov/comment/DOT-OST-2018- with them. However, these airline policies often 0068-19429 and DREDF, https:// 112 Comment from Psychiatric Service Dog were applied only to ESAs or PSAs. In 2019, the beta.regulations.gov/comment/DOT-OST-2018- Partners, https://beta.regulations.gov/comment/ Department’s Office of Aviation Consumer 0068-19264. PVA and Disability Rights Florida did DOT-OST-2018-0068-17092. Protections stated that ‘‘[w]hile section 382.117 argue that such forms could be required of 113 clearly sets forth the type of medical documentation Comments from ADI–NA, https:// that airlines may request from ESA and PSA users emotional support animal users; however, this issue beta.regulations.gov/comment/DOT-OST-2018- to reduce likelihood of abuse by passengers wishing is now moot in light of the Department’s decision 0068-17915; America’s VetDogs, https:// to travel with their pets, the regulation does not to allow airlines not to recognize emotional support beta.regulations.gov/comment/DOT-OST-2018- explicitly permit or prohibit the use of additional animals as service animals. 0068-18138; and Open Doors Organization, https:// documentation related to a service animal’s 110 Comment from A4A, https:// beta.regulations.gov/comment/DOT-OST-2018- vaccination, training, or behavior.’’ See Guidance beta.regulations.gov/comment/DOT-OST-2018- 0068-19305. on Nondiscrimination on the Basis of Disability in 0068-19240. 114 Comment from A4A, https:// Air Travel, Final Statement of Enforcement 111 Comment from Spirit Airlines, https:// beta.regulations.gov/comment/DOT-OST-2018- Priorities Regarding Service Animals, 84 FR 43480, beta.regulations.gov/comment/DOT-OST-2018- 0068-19240 and IATA, https://beta.regulations.gov/ 43484 (Aug. 21, 2019). 0068-19221. comment/DOT-OST-2018-0068-19041.

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traveling with a service animal to B. Health Form provide photo identification of the submit a completed U.S. Department of The NPRM service animal as an additional measure Transportation Service Animal Air to verify a service animal’s identity. Transportation Form (Air DOT proposed to allow airlines to Comments Received Transportation Form), as described require a U.S. Department of more fully below, which includes an Transportation Air Transportation The proposed Health Form was attestation from the service animal Service Animal Health Form (Health opposed by most individuals and nearly handler of a service animal’s good Form), to be completed by the service all of the disability rights advocacy behavior and training. animal’s veterinarian. The Centers for organizations who commented on the Disease Control and Prevention (CDC), a The Department is adopting its issue. Opponents raised many of the major operating component of the U.S. proposal that the only forms that same arguments that they raised with Department of Health and Human airlines may require of passengers with regard to the proposed Behavior and Services, requires that all dogs imported service animals are the forms developed Training Form, but added that the into the United States, including service by the Department. In 2019, the Health Form would have a financial dogs, be vaccinated for rabies if coming Department’s Office of Aviation impact on passengers with disabilities from a high-risk rabies country.117 The Consumer Protections had stated that it because it would require them to make proposed Health Form was modeled does not ‘‘intend to take action against an extra visit to a veterinarian and after a number of State certificate of an airline for asking service animal potentially to incur veterinarian fees.119 veterinary inspection (CVI) forms and users to present documentation related Opponents noted that requiring a form to a service animal’s vaccination, the United States Department of Agriculture (USDA) APHIS 7001 from a veterinarian could also training, or behavior, so long as it is significantly limit an individual’s ability reasonable to believe that the form.118 DOT proposed that the passenger’s veterinarian would describe to travel on short notice. Advocates also documentation would assist the airline argued that veterinarians may be in determining whether an animal poses the animal, indicate whether the service animal’s rabies vaccinations were up to uncomfortable attesting to the behavior a direct threat to the health or safety of of the animal, even if the attestation is others.’’ 115 This final rule makes it clear date, state whether the animal had any known diseases or infestations, and limited to information within the that airlines are not permitted to require personal knowledge of the veterinarian. any other documentation as a condition state whether the veterinarian is aware of any aggressive behavior by the Other advocates argued that because the of transport, beyond the ones described overall incidence of rabies in the United in the rule. As such, service animal animal. The Department reasoned that States is exceedingly low, the form users will no longer have to navigate such a form would help to ensure that would not be an effective means to different forms propounded by different the animal does not pose a direct threat determine if an animal poses a direct airlines. to the health or safety of others. The With regard to the content of the DOT Department indicated that it had threat. More generally, advocates form, we decline the suggestion of A4A consulted with airlines and the AVMA including PVA and DREDF argued that that the form require service animal in drafting the content of the form. the data on the proposed Health Form handlers to certify that the animal was The Department sought comment on would not provide a meaningful basis either trained or evaluated by an its proposal to permit airlines to require from which to conclude that an animal 120 accredited organization as a means of the proposed Health Form as a poses a direct threat. validating the animal’s training. While condition of travel, the general content Proponents of the proposed Health DOT provides space on its form for a of the Health Form, and whether Form included about forty-five percent service animal handler to state the airlines should be able to refuse of individual commenters and all organization or individual that trained transportation to a service animal based industry commenters. Proponents the service animal to do work or on the information contained in the generally argued that a DOT form would perform tasks to assist the handler, DOT form. The Department asked whether provide a uniform means of determining does not require that individuals with the proposed Health Form would ensure whether an animal poses a direct threat. disabilities have their animal trained or effectively that a service animal does AVMA agreed that a form with rabies evaluated by an accredited organization not pose a direct threat to the health or information should be required, stating as a condition of transport. The safety of others by ensuring that that ‘‘rabies vaccination for dogs is Department similarly rejects the travelers do not contract rabies from a necessary to protect both animal and suggestion from IATA that every service service animal if bitten. The Department public health, and, accordingly, it is animal user must obtain a certification asked whether veterinarians should reasonable and prudent to require proof of training from a specific organization, indicate on the form whether, to the of vaccination against this disease.’’ 121 as this requirement could impose an veterinarian’s knowledge, the animal undue burden on service animal has ever exhibited aggressive behavior. 119 Comment from Psychiatric Service Dog users.116 The Department sought comment on Partners, https://beta.regulations.gov/comment/ whether it would be burdensome for DOT-OST-2018-0068-17092, Psychiatric Service Dog Partners estimated the total cost of service 115 Guidance on Nondiscrimination on the Basis individuals traveling with service animal users being required to fill out veterinary of Disability in Air Travel, Final Statement of animals to allow airlines to require the Enforcement Priorities Regarding Service Animals, forms at almost $60 million. 84 FR 43480, 43484 ( 21, 2019). Department’s Health Form. Finally, the 120 See comments from PVA, https:// 116 Other commenters suggested additional Department asked whether it should beta.regulations.gov/comment/DOT-OST-2018- modifications to the content of the form. Allegiant allow airlines to require passengers 0068-19429, and DREDF, https:// Air and ANA suggested that the form make clear traveling with service animals to beta.regulations.gov/comment/DOT-OST-2018- that all boxes must be checked for the animal to be 0068-19264, ‘‘[T]he issue is the level of training of accepted for transport. We are of the view that this the animal, not its health, that poses the threat.’’ aspect of the form is already sufficiently clear. 117 A current list of high risk rabies countries may See also Comment from ADI, NA, https:// Psychiatric Service Dog Partners suggested that the be found at: https://www.cdc.gov/importation/ beta.regulations.gov/comment/DOT-OST-2018- form should contain both a ‘‘YES’’ box and a ‘‘NO’’ bringing-an-animal-into-the-united-states/rabies- 0068-17915. box, so that individuals take greater time to assess vaccine.html. See 42 CFR 71.51(e). 121 Comment from AVMA, https:// the questions and understand the answers. We 118 https://www.aphis.usda.gov/library/forms/ beta.regulations.gov/comment/DOT-OST-2018- decline this suggestion as an unnecessary. pdf/APHIS7001.pdf. 0068-19283.

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On the other hand, AVMA argued that requirement that the Health Form be animal users to present documentation creating a DOT-specific form was filled out by a veterinarian, such as the related to a service animal’s vaccination, unnecessary because veterinarians expense that would be incurred by training, or behavior, so long as it is could fill out a CVI for the user.122 service animal users and the potential reasonable to believe that the AVMA pointed out that CVIs are reluctance of veterinarians to attest to documentation would assist the airline ‘‘existing official forms that are required the animal’s behavior. To alleviate the in determining whether an animal poses by most states for interstate transport burden and difficulties, the Department a direct threat to the health or safety of and international travel under existing has modified the form in the final rule others.’’ 128 The Department regards laws.’’ 123 AVMA also urged the such that the passenger, rather than a allowing airlines to require a DOT- Department not to adopt a form that veterinarian, will be required to provide issued Air Transportation Form to be would require a veterinarian to attest to information about the health and less burdensome and a better option for the behavior of the animal. AVMA behavior of the animal. The Department individuals traveling with service urged that this aspect of any form be has also decided to combine the animals than allowing airlines to filled out by the service animal user. proposed Health Form with the develop their own individual forms to A4A and certain individual airlines proposed Behavior and Training Form assist them in determining whether a suggested that to reduce burdens on to create a single one-page document service animal poses a direct threat to service animal users, the proposed called the ‘‘Service Animal Air the health or safety of others. Health Form should be signed by the Transportation Form’’ (Air The Air Transportation Form serves passenger instead of a veterinarian, and Transportation Form) to reduce burdens the vital purpose of assuring airlines should be combined with the Behavior further on both service animal users and and the traveling public that the user’s and Training Form into a single airlines. This one-page Air service animal is vaccinated from rabies, document.124 Some of these Transportation Form will also include has not been exposed to rabies, and to commenters also suggested that the space for the service animal handler to the user’s knowledge is free of pests and Department should allow airlines to provide a physical description of the diseases that would endanger people or require passengers to travel with copies service animal. Because the Air other animals or would endanger public of their service animal’s veterinary Transportation Form will contain health. The form also requires service records. Open Doors Organization took information on the animal’s physical animal users to attest that their animals the position that if DOT allowed airlines description and health, the Department are both trained to perform a specific to require service animal users to does not view it as necessary to permit task or function and trained to behave provide animal health documentation, airlines to require the passenger to carry in public. It educates the user that the airlines should be able to require the animal’s veterinary records or animal must be harnessed, leashed, or passengers to travel with veterinary provide a photo of the animal as a otherwise tethered; that the animal may forms, but not to fill out the Health condition of transport. be treated as a pet if it engages in Form.125 Finally, certain commenters The Department expects that these disruptive behavior; and that the user suggested that the essential information adjustments will allow airlines to obtain may be responsible for any damage from the veterinary form could be and process important health and safety caused by the service animal. The Air provided during each airline’s information in an efficient and uniform Transportation Form also provides reservation process, rather than through fashion while minimizing burdens on airlines with a means of contacting the submission of an official DOT form. the service animal user.127 The service animal user and the animal’s Department recognizes that despite veterinarian in the event of an incident DOT Response these adjustments, the combined Air that endangers other passengers or The Department believes that it is Transportation Form could impose a service animals. Finally, the Federal important and appropriate to allow new burden on certain service animal nature of the form serves to impress airlines to require passengers to affirm users. Prior to this final rule, the upon individuals the importance of that their service animal is in good regulation did not explicitly permit or filling it out properly.129 The health as a condition of transport. We prohibit the use of additional Department continues to hold the view agree with AVMA and others who documentation related to a service that a different approach from the ADA indicate that it is ‘‘reasonable and animal’s vaccination, training, or with respect to documentation is prudent’’ to require proof of rabies behavior. Beginning in 2018, some appropriate given the unique realities of vaccinations.126 We also believe that it airlines began adopting policies air transportation, which place the is prudent to require information requiring behavior, training, and health service animal in close proximity with relating to whether the animal is free of forms for certain service animals. In many humans and potentially with diseases that may endanger the health of August 2019, the Department’s Office of other animals for hours in a tightly humans or other animals. Aviation Consumer Protection stated confined cabin with no means of egress However, the Department recognizes that it does not ‘‘intend to take action from the aircraft. the difficulties that would arise from a against an airline for asking service BILLING CODE 4910–9X–P

122 Id. 126 We recognize that instances of rabies in the 2018-0068-19429, and DREDF, https:// 123 Id. United States are rare, and that dogs are generally beta.regulations.gov/comment/DOT-OST-2018- 124 Comment from A4A, https:// required to be vaccinated for rabies. 0068-19264. 127 128 beta.regulations.gov/comment/DOT-OST-2018- PVA and DREDF commented that they See Guidance on Nondiscrimination on the Basis of Disability in Air Travel, Final Statement of 0068-19240. opposed the use of documentation; however, if the Department were to continue to allow it, then Enforcement Priorities Regarding Service Animals, 125 Comment from Open Doors Organization, uniform Federal documentation was preferable to 84 FR 43480, 43484 (Aug. 21, 2019). https://beta.regulations.gov/comment/DOT-OST- individual airline forms. See comments from PVA, 129 The Federal crime notification is discussed in 2018-0068-19305. https://beta.regulations.gov/comment/DOT-OST- greater detail in the next section below.

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C. Relief Form all disability advocacy organizations, it will be used only for those rare flight The NPRM and certain airline organizations. segments that are scheduled for longer Advocates who opposed the Relief Form than eight hours. The Department is of The third and final form that DOT raised many of the same arguments that the view that the Relief Form does not proposed to allow airlines to require is they raised with respect to the other impose significantly greater burdens on a U.S. Department of Transportation forms the Department proposed in the passengers with disabilities than the Service Animal Relief Attestation Form NPRM. Certain advocates also argued (Relief Form). The Department noted prior service animal rule. The prior rule that the form was unnecessary because also allowed airlines to require that its current ACAA regulations there are only a few domestic flight permit airlines to require individuals passengers to provide documentation segments longer than eight hours. for flights longer than eight hours that traveling with service animals on a A4A argued that the Relief Form flight segment that is longer than eight a service animal would not need to should not be required for flight relieve itself on the flight, or that the hours to provide documentation that the 130 segments over eight hours. A4A took animal can relieve itself in a way that animal will not need to relieve itself or the view that it is impossible for an can relieve itself in a way that does not does not create a health or sanitation animal to relieve itself in a sanitary create a health or sanitation risk. The issue on the flight. However, the prior manner onboard a flight; therefore, Department noted that the current rule passengers should not be given the rule did not specify what type of did not set a uniform method for such option of making this attestation. documentation was permissible. This documentation or assurances. The According to A4A, ‘‘airlines would final rule effectively standardizes the Department proposed to amend this instead rely on training and Relief Form documentation. The content requirement by allowing airlines to communication with those passengers of the Relief Form has been modified require passengers traveling on flights to facilitate elimination when needed,’’ slightly in this final rule in the eight hours or longer to submit to for example, by encouraging passengers following ways: (1) Data fields have airlines a standardized DOT document. 131 been added for the animal’s name, the The Relief Form would require the to take shorter flight segments. American Airlines urged the date of the flight, and the estimated service animal user to check a box length of the flight; (2) the language has attesting that either: (1) The animal will Department to forgo the Relief Form been simplified for ease of not need to relieve itself on the flight; because doing so would reduce burdens 132 comprehension; and (3) fraud warnings or (2) the animal can relieve itself on the on passengers. Similarly, Air Canada flight in a way that does not pose a also commented that the Relief Form appear in a format that matches the health or sanitation issue (with a should not be an option because it does fraud warnings of the new combined Air description of that method). The form not believe that animals can relieve Transportation Form. also requires the service animal user to themselves without creating a health or In response to A4A’s comment that attest to an understanding that the sanitation issue in a confined space the Relief Form ‘‘should not be 133 airline may charge passengers with such as an aircraft. required’’ for flights over eight hours, disabilities traveling with a service Proponents of the Relief Form we observe that the Department allows animal for the cost to repair damage included a majority of individual airlines to require passengers traveling caused by the passenger’s service commenters, and a number of industry on flights eight hours or more to commenters, including Spirit Airlines, animal, so long as the airline charges produce this form—airlines are free to Allegiant Air, and AAPA.134 Proponents passengers without disabilities for accept a service animal for transport on argued the benefits of having a uniform similar kinds of damage. The a flight segment over eight hours Department sought comment on the means of assurance that the animal would not relieve itself onboard the without providing the Relief Form. general content of the Relief Form, and However, if an airline chooses not to whether the form would serve as aircraft, or could do so in a sanitary manner, rather than a process that require the form, the airline is not free adequate proof to verify that a to deny transport to a service animal on passenger’s animal would not need to allows service animal users to submit flight segments longer than eight hours relieve itself on flight segments of eight various types of documentation to based on concerns about the animal’s or more hours, or could relieve itself in explain their animal’s relief functions. elimination functions. In such a way that does not create a health or DOT Response sanitation issue. situations, the airline may require the The Department has decided to retain passenger to fill out the Relief Form as Comments Received the Relief Form largely as proposed. The a condition of travel for flight segments The Relief Form was opposed by Relief Form will remain a separate longer than eight hours. almost half of individual commenters, document, in recognition of the fact that BILLING CODE 4910–9X–P

130 Comment from A4A, https:// beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- 0068-19164, and AAPA, https:// 0068-19240. beta.regulations.gov/comment/DOT-OST-2018- 131 Id. 0068-19323. 132 Comment from American Airlines, https:// beta.regulations.gov/comment/DOT-OST-2018- 0068-19138. 133 Comment from Air Canada, https:// beta.regulations.gov/comment/DOT-OST-2018- 0068-19328. 134 Comments from Spirit Airlines, https:// beta.regulations.gov/comment/DOT-OST-2018- 0068-19221, Allegiant Air, https://

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D. Federal Crime Notification should be made more prominent on DOT Response each form.138 The NPRM The Department agrees that the Certain advocacy organizations, such warning relating to penalties under 18 In the NPRM, the Department as ADI–NA and Service Dogs of U.S.C. 1001 should be made more provided samples of all three proposed Virginia, also commented that DOT prominent; thus, we have increased the forms. Each form contained the should specify the penalty for lying on 139 font size of the warning on both the Air following statement, in small print at or the Behavior and Training Form; Transportation Form and the Relief near the top of the form: ‘‘It is a Federal similarly, ACB-California commented Form. We also agree that the final crime to make materially false, that ‘‘there must be a significant penalty check-box on the finalized Air for deception,’’ such as a fine or placing fictitious, or fraudulent statements, 140 Transportation Form should reflect the entries, or representations knowingly the individual on a no-fly list. warning in plain language so that ANA argued that the Department has and willfully on this form to secure passengers are able to comprehend the the statutory authority to impose civil risk of falsifying information on the disability accommodations provided penalties of up to $1,466 on individuals form. The final entry now reads: ‘‘I am under regulations of the United States who breach certain regulations signing an official document of the U.S. Department of Transportation (18 U.S.C. governing passenger conduct.141 ANA Department of Transportation. My 1001).’’ In addition to that standard urged the Department to cite this answers are true to the best of my notice, the Department’s proposed authority on the forms, and to establish knowledge. I understand that if I Behavior and Training Form would procedures by which airlines may report knowingly make false statements on this have also required the service animal issues of documentation fraud to the document, I can be subject to fines and user to check a box stating: ‘‘I DOT or the DOJ.142 Similarly, Asiana other penalties.’’ We have added this understand that I am committing fraud Airlines commented that ‘‘appropriate entry to the Relief Form as well. In by knowingly making false statements to civil penalties administered by DOT general, we have strived to ensure that secure disability accommodations may be a more effective and efficient all the entries on the revised forms are provided under regulations of the U.S. deterrent to false statements,’’ because easy to understand and to answer, Department of Transportation.’’ The actual imposition of criminal penalties especially because of the risk of Federal proposed Health Form (which was is unlikely.143 proposed to be filled out by the The National Multiple Sclerosis fines and penalties. If an airline suspects instances of veterinarian) and the Relief Form did Society and the Autistic Self Advocacy documentation fraud, the airline may not have similar check-boxes indicating Network urged the Department to revise notify the Office of Aviation Consumer an awareness of the consequences of the forms so that they are more easily Protection at safalsestatementreports@ falsification. The Department sought understood by individuals with dot.gov to report such incidents and comment on whether the forms cognitive or developmental provide evidence supporting the adequately educate passengers on the disabilities.144 Both organizations airline’s belief. The Office plans to refer seriousness of falsifying the forms. specifically urged the Department to these reports to the Department’s Office reword the final entry on the Behavior Comments Received of the Inspector General, as appropriate, and Training Form, relating to fraud.145 for investigation and prosecution. The The Department received a range of Department’s Office of Aviation responses to the Federal crime 138 Comment from Allegiant Air, https:// beta.regulations.gov/comment/DOT-OST-2018- Consumer Protection does not have the notification. Airlines and airline 0068-19164. authority to assess fines or other organizations generally supported the 139 Comments from ADI–NA, https:// penalties on passengers who make false use of DOT forms with Federal crime beta.regulations.gov/comment/DOT-OST-2018- statements based on the Air Carrier notifications on the ground that users 0068-17915, and Service Dogs of Virginia, https:// beta.regulations.gov/document/DOT-OST-2018- Access Act or a regulation prescribed may be less likely to falsify a Federal 0068-32397/. under that Act.146 form. Various industry commenters 140 Comment from the California Chapter of the The Department finds it unnecessary urged the Department to add stronger American Council of the Blind (ACB California) at to describe this process on the form and more detailed warning language. https://beta.regulations.gov/comment/DOT-OST- itself because it is more relevant to the 2018-0068-19145. A4A and IATA also urged the 141 Comment from ANA, https:// airline than to the user filling out the Department to establish specific and beta.regulations.gov/comment/DOT-OST-2018- form. We also do not, at this point, clear procedures for how airlines can 0068-19025, citing 49 U.S.C. 46301 and In re Wallesa, FAA Order 2013–2 (, 2013), comment/DOT-OST-2018-0068-19168, and the report incidents of fraud with respect to _ 135 available at https://www.faa.gov/about/office org/ Autistic Self Advocacy Network, https:// service animal documentation. _ _ headquarters offices/agc/practice areas/ beta.regulations.gov/comment/DOT-OST-2018- _ According to A4A, airlines do not have adjudication/civil penalty/CaseFile/view/2013/ 0068-19232. Both organizations point out that as the ability to combat documentation 2013-2.pdf. Section 46301(a)(1)(A)(i) and (ii) written, the proposed form appears to ask the fraud.136 A4A and Asiana argued that authorize civil penalties of up to $1,466 on individual with a disability to admit that the individuals who violate the ACAA (49 U.S.C. the deterrent effect of the warning individual is committing fraud. The form stated: ‘‘I 41705) or a regulation prescribed or order issued understand that I am committing fraud by would be stronger if DOT specified the under the ACAA. knowingly making false statements to secure penalties for the violations.137 Allegiant 142 Comment from ANA, https:// disability accommodations provided under argued that the crime warning itself beta.regulations.gov/comment/DOT-OST-2018- regulations of the U.S. Department of 0068-19025. Transportation.’’ (emphasis added). 143 Comment from Asiana Airlines, https:// 146 49 U.S.C. 46301 permits the Department to 135 Comments from and A4A, https:// beta.regulations.gov/comment/DOT-OST-2018- impose civil penalties against those entities that beta.regulations.gov/comment/DOT-OST-2018- 0068-19340. violate certain statutory provisions or regulations 0068-19240, and IATA, https://beta.regulations.gov/ 144 Comments from the National Multiple prescribed under those statutory provisions. The comment/DOT-OST-2018-0068-19041. Sclerosis Society, https://beta.regulations.gov/ Air Carrier Access Act, upon which final rule is 136 Comments from and A4A, https:// comment/DOT-OST-2018-0068-19168, and the based, requires U.S. and foreign air carriers to beta.regulations.gov/comment/DOT-OST-2018- Autistic Self Advocacy Network, https:// provide nondiscriminatory service and does not 0068-19240. beta.regulations.gov/comment/DOT-OST-2018- impose obligations on passengers. A passenger’s 137 Comment from Asiana Airlines, https:// 0068-19232. submission of false information to an airline could beta.regulations.gov/comment/DOT-OST-2018- 145 Comments from the National Multiple therefore not support a civil penalty by the 0068-19340. Sclerosis Society, https://beta.regulations.gov/ Department under 49 U.S.C. 46301.

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believe that it is necessary to add greater airlines’ websites. 147 Allegiant Air regulatory text to clarify that carriers do detail to the forms about the types of commented that it does not object to not have to require DOT’s forms, but fines or penalties that may arise from making DOT forms available on its should they require the forms, they potential violations of 18 U.S.C. 1001. In website and at each airport served.148 should follow the procedural guidelines our view, it is sufficient to impress upon However, A4A and Air Canada set forth in the rule, such as making the users that they are filling out a Federal commented that DOTs regulations forms available at each airport an airline form and that they may be subject to should allow airlines to accept DOT serves.153 fines or penalties if they knowingly forms electronically, rather than Regarding the issue of whether falsify the forms. requiring airlines to accept paper forms airlines should be permitted to reject received at the airport or printouts from service animal documents that are stale E. Documentation Procedures an airline’s website.149 Some disability (e.g., dated more than one year before The NPRM advocates such as ADI–NA, the Guide the date of travel), the comments that we received on this issue tended to In the NPRM, the Department Dog Foundation, and Service Dogs of center on the Health Form, because, as proposed various procedures relating to Virginia recommended that if DOT were proposed, a veterinarian would have submitting and processing service to allow airlines to require passengers to been required to fill out the form. The animal documentation. Regarding submit DOT forms, passengers with disabilities should be permitted to American Kennel Club and Hope timing, the Department proposed to provide the requested information using Service Dogs agreed with the allow airlines to require that the Health a check-box format during the Department’s proposal that its DOT Form be ‘‘current,’’ i.e., signed within reservation process to decrease the Health Forms should be valid for a one year of the date of the passenger’s burden on passengers with disabilities period of one year because the forms scheduled initial flight. The Department traveling with service animals.150 PVA can be readily completed during the sought comment on whether one year is and Psychiatric Service Dog Partners service animal’s annual physical.154 too long or too short for the form to be also commented that the burden on Similarly, A4A commented that if the considered valid. The Department did individuals with disabilities could be Department finalizes its proposed not specify a timeframe for the proposed further reduced if airlines had the Health Form, it supports ‘‘DOT’s Behavior and Training Form or the ability to attach a passenger’s attestation proposal that the form be deemed valid Relief Form. to the passenger’s frequent flyer or other for one year from the date of issuance, Also, the Department’s proposal appropriate travel record so that service but no longer than the date of expiration would have expressly prohibited animal users would not have to fill out of the animal’s rabies vaccine.’’ 155 ADI– airlines from requiring additional DOT forms each time they travel.151 NA, however, commented that DOT’s documentation from service animal ANA also commented that some proposal that its Health Form be valid users beyond the three DOT forms information provided by the passenger for one year is too short given that identified in the proposed rule. It to the airline on the DOT forms could ‘‘[s]tatistically, more dogs are vaccinated proposed that copies of these three be linked to the passenger’s frequent for rabies with a three-year vaccine and forms be kept at each airport that a U.S. 156 flyer account.152 Psychiatric Service Dog requirements vary in each state.’’ carrier serves and at each airport a Partners also commented that the ADI–NA also noted that if airlines were foreign air carrier serves a flight that Department should amend the proposed permitted to use a ‘‘check box in the begins or ends at a U.S. airport. It also reservation process attesting that the proposed to require that airlines with a 147 PRM proposes that the service animal health service animal is current on its rabies website make blank forms available on form and the service animal behavior and training vaccination,’’ the issue of the duration its website in an accessible format and attestation form commonly used by carriers (as well of the form, one-year vs. three-years, to mail blank copies of the forms to as the service animal relief attestation form, where 157 applicable) be DOT-designed documents that goes away. passengers upon request. carriers would be required to accept; carrier- As for the Department’s proposal that Recognizing that the forms may designed forms would be prohibited. Carriers airlines may only require the DOT impose a burden on those individuals would be required to make the DOT forms available service animal forms as a condition of traveling with traditional service on their websites and at each airport served. travel, IATA, AAPA, and individual Allegiant does not object in principle to these animals who currently do not provide proposals but submits that the forms are in need of foreign airlines pointed out that foreign documentation, the Department sought improvement to deter fraud and abuse by governments may impose their own comment from the public on ways to unscrupulous passengers. service animal requirements (including reduce the burden that the Department’s 148 Comment from Allegiant Air, https:// additional forms and breed restrictions). service animal forms would have on beta.regulations.gov/comment/DOT-OST-2018- IATA commented that ‘‘all forms should 0068-19164. passengers with disabilities. The 149 Comment from A4A, https:// make it clear that it is the sole Department solicited comment on beta.regulations.gov/comment/DOT-OST-2018- whether to allow airlines to require the 0068-19240, and Air Canada, https:// 153 Comment from Psychiatric Service Dog form each time a service animal user beta.regulations.gov/comment/DOT-OST-2018- Partners, https://beta.regulations.gov/comment/ travels, and what medium airlines 0068-19328. DOT-OST-2018-0068-17092. 150 Comments from ADI–NA, https:// 154 Comments from American Kennel Club, should be allowed to use to provide and beta.regulations.gov/comment/DOT-OST-2018- https://beta.regulations.gov/comment/DOT-OST- collect the forms (e.g., hardcopy, 0068-17915, the Guide Dog Foundation, https:// 2018-0068-19163, and Hope Service Dogs, electronic). beta.regulations.gov/comment/DOT-OST-2018- Comment from Hope Service Dogs, Inc., https:// 0068-18141, and Service Dogs of Virginia, https:// beta.regulations.gov/comment/DOT-OST-2018- Comments Received beta.regulations.gov/document/DOT-OST-2018- 0068-18702. 0068-32397/. 155 Comment from A4A, https:// The Department received a variety of 151 Comments from PVA, https:// beta.regulations.gov/comment/DOT-OST-2018- comments from both advocates and beta.regulations.gov/comment/DOT-OST-2018- 0068-19240. airlines on its proposal that the service 0068-19348, and Psychiatric Service Dog Partners, 156 Comment from ADI–NA, https:// animal forms be kept at each airport that https://beta.regulations.gov/comment/DOT-OST- beta.regulations.gov/comment/DOT-OST-2018- 2018-0068-17092. 0068-17915. a U.S. carrier serves, at each airport a 152 Comment from ANA, https:// 157 Comment from ADI–NA, https:// foreign air carrier serves a flight that beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- begins or ends at a U.S. airport, and on 0068-19025. 0068-17915.

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responsibility of the passenger to health or safety laws or regulations of a Comments Received 160 comply with any and all applicable foreign government. Elsewhere, the Most disability rights advocates foreign laws, regulations, and rule also states that airlines may impose commented that airlines should be paperwork requirements when traveling additional restrictions on the transport 158 required to allow at least two service with their dog internationally.’’ of service animals if required by a animals to travel with a single passenger 161 DOT Response foreign carrier’s government. if needed. Advocates reasoned that Nevertheless, we are persuaded that it is some individuals have multiple This final rule permits airlines to also appropriate to add language require that the DOT Air Transportation disabilities and that while some animals explicitly stating that carriers may have been trained to perform multiple Form (i.e., combined one-page health, require additional service animal behavior and training form) be tasks, some individuals with disabilities documentation to the extent it is may need animals that are focused on completed for each trip but not each required by foreign governments or 159 mitigating a specific disability for the time a service animal user travels. domestic territories.162 This means that a service animal user mitigation to be effective. Advocates cannot be required to complete the form Regarding the medium by which also noted that a passenger with a severe more than once if he or she purchased airlines are permitted to provide and disability that requires around-the-clock a round-trip ticket, as that would be accept the DOT service animal forms, assistance may require two service considered one trip. The final rule also the Department is requiring airlines that animals as the animals would take turns allows carriers to require that the mandate completion of these forms by providing the individual assistance. service animal forms be current, which service animal users to provide the Some advocates encouraged the it defines as forms completed by the forms at each airport that a U.S. carrier Department to consider requiring passenger on or after the date that the serves, at each airport a foreign air airlines to transport more than two passenger purchased his or her ticket. carrier serves a flight that begins or ends service animals. These advocates noted DOT recognizes that some at a U.S. airport, on airlines’ websites, that passengers may have a legitimate commenters indicated their preference and by mail upon request. Airlines must reason for needing more than two for attaching a record of the passenger’s provide passengers the option of service animals, and they should be service animal attestation to the submitting the completed form(s) permitted to carry more than two passenger’s frequent flyer or other travel electronically or by hardcopy if provided that they can explain why profile to eliminate the burden of a submitted in advance of the passenger’s more than two service animals are service animal user’s having to fill out travel date. Several commenters needed. these forms each time the passenger indicated their preference for DOT to The majority of airlines, however, travels. However, the Department allow airlines to request the attestation commented that they should be believes that its decision to allow in DOT’s Air Transportation Form via a permitted to limit the number of service airlines to request and review up-to-date check-box system during the reservation animals traveling with a passenger to health and behavior information from a process to decrease the burden on one service animal. These airlines service animal user on each trip strikes individuals with disabilities. DOT argued that allowing just one service the right balance as airlines can ensure rejected this format because allowing animal per passenger helps support that a service animal has not behaved passengers to attest to their animal’s safety and would help to avoid aggressively or caused injury toward good behavior, training, and good health disruptions in the cabin. Airlines also others, and that the animal has current on an airline’s website, rather than on argued that given the space afforded to vaccinations, each time the animal an official Federal form, diminishes the individual passengers on aircraft, travels on an aircraft. The Department is use of the form as a potential fraud transporting more than one service also concerned with the potential deterrent as airlines would not be animal could be problematic. Airlines privacy implications of airlines’ permitted to include language warning also noted that one service animal could permanently storing and maintaining a service animal users that it would be a be trained to perform multiple tasks. record of the passenger’s service animal Federal crime, in violation of 18 U.S.C. DOT Response attestation to the passenger’s frequent 1001, to make false statements or flyer or other travel profile without the representations to secure disability The Department finalizes, as passenger’s consent. accommodations. proposed, a provision that allows Furthermore, the Department carriers to limit the number of service understands that foreign airlines are 4. Number of Service Animals per animals traveling with a single concerned with the proposed Passenger passenger with a disability to no more prohibition against airlines’ requiring The NPRM than two service animals. The passengers to provide additional service Department acknowledges comments animal documentation, beyond those In the NPRM, the Department from disability rights advocates that specified by the Department, as a proposed to allow carriers to limit the certain individuals with disabilities condition of travel. These commenters number of service animals traveling require more than one service animal, emphasized that foreign governments with a single passenger with a disability and while a single service animal may may impose additional restrictions and to no more than two service animals. be trained to perform more than one requirements on transport of service The Department also sought comment mitigating function, more than one animals. This final rule permits airlines on whether there were any safety- service animal may be needed to assist to refuse transportation to a service related risks that could arise from an individual on the aircraft or at the animal if its transport would violate the allowing a passenger to transport two passenger’s destination if the passenger service animals as opposed to just one uses the animals for lengthy periods of 158 Comment from IATA, https:// service animal. time (e.g., if one animal may need a beta.regulations.gov/comment/DOT-OST-2018- break from work). Furthermore, 0068-19041. 159 Airlines may require that the Relief Form be 160 14 CFR 382.79(a)(3); see also 14 CFR 382.7(g). disability advocate commenters noted completed for each flight segment scheduled to take 161 14 CFR 382.80. that while a service animal may be 8 hours or more. 162 14 CFR 382.75. trained to assist an individual with

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multiple disabilities, a passenger’s passengers with disabilities wishing to DREDF, Guide Dog Users of Canada, the animal may need to focus on mitigating make last minute travel plans that may Empire State and Florida, PVA, and one disability at a time for the be necessary for work or family individual commenters, all of which mitigation to be effective, so multiple emergencies.163 Instead of advance make up the majority of the disability animals may be needed at once. notice, the Department proposed to advocacy comments received on this Although the Department understands allow airlines to require passengers to issue, generally opposed DOT’s that there may be instances where check in physically at the airport in proposal. These organizations argued multiple service animals may be needed advance of the check-in time for the that permitting airlines to require to accommodate an individual’s general public. More specifically, the advance check-in would be unduly disability given space constraints on the Department proposed to allow airlines burdensome and discriminatory, would aircraft, the Department has concluded to require service animal users to check separate individuals with disabilities that it is appropriate to allow airlines to in at the airport one hour before the from their loved ones and travel limit the number of service animals to check-in time for the general public to companions, and would single out two per passenger with a disability, observe the service animal and process passengers with disabilities at the although airlines are certainly free to service animal documentation, so long airport. They also argued that this allow a passenger to travel with more as the airline similarly requires advance process would prevent such passengers than two service animals if the airline check-in for passengers traveling with from utilizing curbside, online, or wishes to do so. For those passengers their pets in the cabin. The NPRM mobile check-in, or from bypassing the who seek accommodation for two proposed to permit airlines to require airport check-in lobby and going straight service animals, the airline would be that the check-in take place at any to the security check point if not permitted to require the passenger to designated airport location, including checking a bag, as passengers who are complete two separate attestation forms, the terminal lobby. not traveling with service animals are one for each animal, to verify that each To address the concern that service able to do. qualifies for appropriate animal users may be potentially Commenters argued that guide dogs accommodation as a service animal to inconvenienced with long waits when have a long record of safe travel, and accompany the passenger on the flight. physically checking in at the airport that a lengthier check-in process for In response to the carriers’ argument because they would not have the benefit persons with disabilities who use regarding the lack of space in the cabin of checking in electronically before service animals would preclude blind to accommodate a passenger traveling arriving at the airport like other guide dog users from making emergency with two service animals, the passengers, DOT also proposed to or impromptu trips. They also stated Department notes that this final rule require airlines to make an employee that the proposed requirements could allows airlines to limit the space that a trained to handle disability-related significantly hinder blind business passenger’s service animal or animals matters available in person at the travelers from carrying out the necessary may occupy to the passenger’s lap and airline’s designated airport location duties of their employment. ACB foot space. While they are not required where the service animal could be commented that because air travelers to do so, airlines may wish to provide observed and the service animal are already required to arrive at the an individual with two service animals documentation review and passenger airport far before the take-off of their with additional space, but airlines check-in could occur promptly. The flight, requiring a person with a would also be free to require that both Department also proposed to require disability with a service dog to come 164 service animals fit into the individual’s airlines to try to accommodate even earlier is discriminatory. ACB allotted space without encroaching into passengers who fail to meet the one further commented that this the space of another passenger. Under hour check-in requirement so long as requirement would single service the airline can do so by making animal users out and cause undue this final rule, airlines may refuse 165 transportation to the animals in the reasonable efforts without delaying the anxiety. America’s VetDogs agreed cabin if the animals would not safely fit flight. this proposal would cause an unjust The Department sought comment on in the passenger’s lap or foot space. burden on individuals with disabilities each of these proposals and specifically Requiring airlines to accommodate up to that use service dogs that the general whether one hour before the general public does not have to endure, and two service animals per passenger public check-in would provide stated further that such a requirement ensures that individuals with a sufficient time for airline personnel to could cause individuals traveling with disability who rely on more than one process service animal documentation. service animals to be separated from service animal are properly their travel party.166 Other commenters accommodated. And because both Comments Received argued that permitting airlines to service animals would be trained to do The Department received require early check in could pose work or perform tasks, the service approximately 400 comments on this particular challenges for individuals animal handler should have no proposal. The disability rights with psychiatric illnesses, such as Post- difficulty controlling both service advocates, including ACB, AFB, Traumatic Stress Disorder, because animals onboard the aircraft. America’s Vet Dogs, ADI–NA, Canine those individuals are already 5. Advance Notice or In-Person Check- Companions for Independence, the uncomfortable in crowds and asking In them to come to the airport earlier and 163 Part 382 generally prohibits airlines from remain in a crowd places an undue The NPRM requiring advance notice as a condition of burden on them. PVA commented that providing disability accommodations, unless the In the NPRM, the Department stated rule specifically permits advance notice. See 14 that it would prohibit airlines from CFR 382.27(a). The existing service animal rule did 164 Comment from American Council for the requiring individuals traveling with a specifically permit airlines to require passengers to Blind, https://beta.regulations.gov/comment/DOT- service animal to provide the DOT- provide 48 hours’ advance notice for transportation OST-2018-0068-18365. 165 issued forms in advance of the of an emotional support or psychiatric service Id. animal in the cabin, and for transportation of a 166 Comment from America’s VetDogs, https:// passenger’s flight because of concerns service animal on a flight segment scheduled to take beta.regulations.gov/comment/DOT-OST-2018- that it would prevent travel by 8 hours or more. See 14 CFR 382.27(c)(8) and (c)(9). 0068-18138.

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it opposes a rule that would permit documentation before the passenger’s be reviewed and corrected if necessary airlines to require advance airport flight. without passengers’ suffering the check-in.167 In PVA’s view, if the The AAPA stated that it supports the inconvenience of waiting in line early at training and behavior attestation and Department’s advance check-in the airport.176 Furthermore, ANA urged health forms are required, then the only proposal, but suggested that airlines the Department to allow airlines to processing that should be required is a should be allowed to designate service mandate that passengers furnish any quick review to ensure that the forms contractors, such as trained ground applicable international travel are completed properly; additional time handling agents, to process service documentation 48 hours in advance.177 should not be needed to observe the animal documentation.171 AAPA also With respect to DOT’s concern that animal.168 One individual commenter commented that advance notice would advance notice would preclude also noted that a one-hour advance allow airlines to assist passengers to passengers with disabilities from check-in requirement would have an plan in advance for the transport of a traveling on short notice, ANA adverse effect on the service animals service animal, which is particularly commented that special provisions themselves. The commenter stated that important on long international could be made for those cases, such as a requirement that a passenger with a journeys involving multiple airports.172 allowing the forms to be presented at service animal check in earlier will Both A4A and IATA indicated that they the check-in counter.178 Open Doors prevent service animal users from support the one-hour check-in commented that it ‘‘does not support utilizing benefits such as curbside and requirement, but urged the Department any advance notice or submission online/mobile check-in that other to consider adopting a requirement that requirements,’’ with respect to service travelers enjoy, increase the time that would allow them to require the DOT animal documentation.179 Similarly, the service animal will be unable to forms 48 hours in advance of the date PVA commented that it supports relieve itself, and will cause additional of the flight.173 Those organizations ‘‘prohibiting carriers from requiring that anxiety for the service animal handler to indicated that some airlines would like the forms be provided prior to the date ensure the comfort of the animal and to to avoid or minimize the need for early of travel to minimize additional burdens locate a service animal relief area.169 in-person check-in for service animal on passengers with disabilities who use Most disability advocacy users, if at all possible, because some service animals.’’ 180 organizations that opposed both DOT’s airlines may have difficulty making the DOT Response proposed early check-in and DOT’s requisite personnel available promptly documentation proposal, including the or reserving a check-in location at an The Department has considered the New York State Bar Association airport due to space constraints. A4A merits of the arguments for and against Disability Rights Committee and PVA, commented that a 48-hour advance the proposed provision to permit commented that if DOT permits airlines notice requirement was appropriate ‘‘so airlines to require individuals with to require documentation against its that airlines will be better able to disabilities who use service animals to wishes, it would be in favor of DOT’s validate that a passenger’s dog is trained check in one hour before the check-in proposal to require airlines to make an to do work or perform a task, and will time at the airport for the general public, employee trained in disability-related behave appropriately during air travel and we are persuaded that the matters available to process service since airlines anticipate that the fraud Department should not adopt such a animal documentation promptly.170 will migrate to the PSA category.’’ 174 rule. We are aware that many airlines Airlines were split in their support for A number of airlines expressed allow passengers to check in the one-hour check-in proposal, given support for a requirement that would electronically before arriving at the the cost associated with ensuring that a allow airlines to require DOT forms 48 airport, and among the benefits of dedicated airline employee would have hours in advance, rather than requiring electronic check-in is the ability to skip space at the airport and would be service animal users to check in at the the airport lobby check-in area and available to assist the passengers with airport one hour in advance. American proceed directly through security to the the check-in process. Most, if not all, Airlines and Air Canada indicated that gate. It is the Department’s view that a airlines expressed their preference for they opposed the one-hour advance one-hour advance check-in requirement allowing airlines to collect service check-in requirement in favor of a would impose significant inconvenience animal documentation up to 48 hours in requirement that airlines be allowed to on passengers with disabilities while advance. These airlines reasoned that require DOT forms in advance of not providing airlines with an efficient allowing airlines to require passengers travel.175 Similarly, Spirit Airlines and or effective method for reviewing the to provide the forms in advance, rather Allegiant Air commented that a 48-hour documentation. Accordingly, the than check in at the airport one hour advance notice requirement would Department has revised the final rule to early, would be less burdensome for benefit both airlines and passengers prohibit airlines from requiring that passengers, and would give airlines because this timeframe allows forms to passengers traveling with service ample opportunity to review the animals physically check in at the documentation and, if needed, provide 171 Comment from the AAPA, https:// beta.regulations.gov/comment/DOT-OST-2018- 176 Comments from Spirit Airlines, https:// the passenger time to correct the 0068-19323. beta.regulations.gov/comment/DOT-OST-2018- 172 Id. 0068-19221, and Allegiant Air, https:// 167 Comment from PVA, https:// 173 Comments from and A4A, https:// beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- 0068-19164. 0068-19348. 0068-19240, and IATA, https://beta.regulations.gov/ 177 Comment from ANA, https:// 168 Id. comment/DOT-OST-2018-0068-19041. beta.regulations.gov/comment/DOT-OST-2018- 169 Comment from Ginger G.B. Kutsch, https:// 174 Comment from and A4A, https:// 0068-19025. beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- 178 Id. 0068-19306. 0068-19240. 179 Comment from Open Doors Organization, 170 Comments from New York State Bara 175 Comments from American Airlines, https:// https://beta.regulations.gov/comment/DOT-OST- Association Disability Rights Committee, https:// beta.regulations.gov/comment/DOT-OST-2018- 2018-0068-19305. beta.regulations.gov/comment/DOT-OST-2018- 0068-19138; and Air Canada, https:// 180 Comment from PVA, https:// 0068-20160, and PVA, https://beta.regulations.gov/ beta.regulations.gov/comment/DOT-OST-2018- beta.regulations.gov/comment/DOT-OST-2018- comment/DOT-OST-2018-0068-19348. 0068-19328. 0068-19348.

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airport lobby solely on the basis that the disability and what work or task the [it] would allow ‘airlines to determine passenger is traveling with a service animal has been trained to perform. The that the animal is not a service animal. This change will ensure that proposed rule added that airlines may animal.’ ’’ 184 The Oklahoma Disability service animal users are not prevented not ask about the nature and extent of Law Center further states that ‘‘[s]ervice from enjoying the same convenience- the person’s disability, or ask that the animals are always service animals . . . related benefits provided to other service animal demonstrate its work or [but] if a service animal cannot control passengers, such as online and curbside task. Next, the Department proposed its elimination functions because the check-in. that airline personnel may observe the service animal is ill or the service Rather than allowing airlines to behavior of the animal in the cabin or animal is uncontrollably barking or require advance check-in, the the gate area. The proposed rule otherwise misbehaving because it was Department is permitting airlines to explained that if an animal engages in provoked by something or someone, the require that individuals traveling with a disruptive behavior (such as running airlines are permitted to bar travel on a service animal provide documentation freely, barking or growling repeatedly, particular flight until the service animal up to 48 hours in advance of the time biting, jumping on people or animals, is under control.’’ 185 Similarly, Service of departure, depending on when the injuring people or animals, urinating, or Dogs of Virginia also commented that passenger’s reservation was made. The defecating), then it has shown that it has ‘‘[i]f a service animal behaves Department is now of the view that a 48- not been properly trained to behave in inappropriately (e.g., barking hour advance notice provision is public, as is expected of a service excessively, growling, snapping, appropriate. We are persuaded that this animal. Third, the Department proposed toileting indoors, stealing food from provision would benefit both airlines that carriers may look to ‘‘physical tables, other passengers or the floor), the and consumers by allowing the forms to indicators’’ to determine whether the airport and airline personnel may ask be processed more efficiently, without animal is a service animal. Specifically, the service animal user to remove the requiring passengers to wait in line at we proposed that airline personnel may dog regardless of its status as a service the airport one hour in advance. The look for the presence of a harness, vest, animal.’’ 186 provision also provides airlines a greater or other indicator that the animal is a One disability advocacy organization, opportunity to assist passengers with service animal. however, disagrees with the service animals, and more time to reach Comments Received Department’s proposal that airlines out to the passenger if the should also consider physical documentation is incomplete or Disability Advocates mainly indicators, such as vests, harnesses, etc., deficient (e.g., if the service animal’s responded to the Department’s when trying to decide an animal’s rabies vaccination expires before the proposals regarding the ways in which status. Hope Service Dogs, Inc. flight date). an airline can identify a service animal’s commented that DOT’s regulation In the NPRM, we expressed concern status. Guide Dog Users of Canada and should never permit airlines to look at that a 48-hour advance notice provision Service Dogs of Virginia expressed their vests, harnesses, certificates, and would pose a significant burden on support for DOT’s proposal to allow identification badges as proof that a dog passengers with service animals who airlines to ask passengers if (1) a service is a trained service dog because a wish to travel on short notice. animal is required because of a service dog only requires a plain collar Accordingly, the final rule now has an disability, and (2) what work or task has or a harness and a regular leash.187 exception for reservations that are made the animal been trained to perform.182 less than 48 hours in advance of travel. Similarly, ACB commented in support DOT Response In those situations, airlines may not of DOT’s proposal to allow airlines to The Department has carefully require the documentation in advance ask the same two questions that DOJ considered all of the comments and and must allow the forms to be permits regulated entities to ask service decided to allow carriers to determine if presented at the passenger’s departure animal users in order to confirm the an animal is a service animal that must gate on the date of travel. The final rule animal’s status. ACB commented that be accepted for transport by: (1) Asking also includes a grace provision, dog users would be able to answer the whether the animal is required to explaining that if a passenger fails to two necessary questions easily and accompany the passenger because of a meet the airline’s advance notice appropriately to identify their dogs as disability and what work or task the requirements, then the airline must still service animals, which will ease the animal has been trained to perform; 188 make the accommodation if it may do so enforcement burden for airlines and 183 by making reasonable efforts, without their employees. 184 Comment from the Oklahoma Disability Law delaying the flight. This grace provision With respect to relying on the Center, https://www.regulations.gov/ is already set forth in the Department’s animal’s behavior as an indicator of the document?D=DOT-OST-2018-0068-19237. animal’s status, many disability rights 185 Comment from the Oklahoma Disability Law ACAA regulations relating to advance Center, https://www.regulations.gov/ notice generally,181 but will be repeated advocates expressed strong opposition to the notion that an airline could document?D=DOT-OST-2018-0068-19237. in the service animal subpart as well. 186 Comment from Service Dogs of Virginia, determine that an animal is not a service https://beta.regulations.gov/comment/DOT-OST- 6. Service Animal Identification animal if the animal misbehaves. The 2018-0068-32397. 187 The NPRM Oklahoma Law Center commented that Comment from Hope Service Dogs, Inc., it ‘‘strongly opposes DOT’s proposal https://beta.regulations.gov/comment/DOT-OST- In the NPRM, the Department that if a service animal is out of control, 2018-0068-18702. described three means by which airline 188 This approach differs from DOJ’s ADA regulations, which prohibit asking these questions personnel may determine that an animal 182 Comments from Guide Dog users of Canada, if it is ‘‘readily apparent that the animal is trained is a service animal at the airport. First, https://beta.regulations.gov/comment/DOT-OST- to do work or perform tasks for the individual with we proposed that airlines may ask 2018-0068-18917, and Service Dogs of Virginia, a disability (e.g., the dog is observed guiding an whether the animal is required to https://beta.regulations.gov/comment/DOT-OST- individual who is blind or has low vision, pulling 2018-0068-32397. a person’s wheelchair, or providing assistance with accompany the passenger because of a 183 Comment from American Council for the stability or balance to an individual with an Blind, https://beta.regulations.gov/comment/DOT- observable mobility disability).’’ See 28 CFR 181 See 14 CFR 382.27(g). OST-2018-0068-18365. 35.136(f); 28 CFR 36.302(c)(6).

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(2) observing the behavior of the animal; appropriate for service animals on signals, or other effective means); and (3) looking at physical indicators aircraft. However, although recognizing however, the Department believes that a such as harnesses and vests. In addition, that DOT’s proposal to permit the deviation from DOJ’s ADA rule is the final rule specifies that carriers may passenger to use voice, signal, or other appropriate given that when the animal use one or more of these factors to effective means to maintain control of is traveling onboard an aircraft it will be determine whether to accept an animal the service animal under certain limited in a tightly confined cabin space with for transport as a service animal. circumstances properly aligned the numerous people in close proximity However, as noted by commenters, the ACAA regulations with DOJ’s ADA rule, who are unable to leave the aircraft Department recognizes that airline commenters questioned the use during flight. Under this final rule, if a unscrupulous individuals may purchase of voice commands in lieu of restraints. passenger with a disability is unable to service animal paraphernalia such as They argued that voice commands may keep physical control over the service vests or tags to make it appear that their not be an effective way to control a animal, even if the reason is related to pets are service animals. As such, service animal, and supported restraints the person’s disability, the airline may carriers are free to view such being used at all times while on the deny transport of the animal in the paraphernalia as evidence that an aircraft to ensure safety. These cabin. A service animal user who is animal is a service animal; conversely, commenters argued that non-restraint unable to keep physical control of the they are also free to give the presence methods are not effective measures of animal may choose to travel with a or lack of presence of such control in a noisy, confined aircraft service animal handler, who would be paraphernalia little weight. environment, and reiterated that an responsible for maintaining control over uncontrolled animal in an aircraft cabin the animal. 7. Service Animal Restraints remains a threat for passengers, crew, 8. Denying Transportation to a Service The NPRM and other animals. One disability Animal advocate, Service Dogs of Virginia, The Department proposed to allow The NPRM airlines to require service animals to be agreed that voice commands are not harnessed, leashed, or tethered unless sufficient in an airplane setting and In the NPRM, the Department the device interferes with the service argued that, even if the person with the proposed that a carrier may deny animal’s work or the passenger’s disability is not able physically to hold transport to an animal if it poses a direct disability prevents use of these devices. a leash, tether, or harness, the service threat to the health or safety of others. Under the proposal, in those animal should still be under control by, The proposed rule made explicit for example, tethering it to the person’s reference to the existing definition of circumstances, the carrier would permit 189 the passenger to use voice, signal, or wheelchair. Service Dogs of Virginia ‘‘direct threat’’, which is defined as ‘‘a other effective means to maintain further commented that on an airplane, significant risk to the health or safety of control of the service animal. This when the wheelchair is absent, the others that cannot be eliminated by a proposal is similar to the requirement in service animal can be tethered to the modification of policies, practices, or DOJ’s rule implementing the ADA, arm of the passenger’s seat or remain procedures, or by the provision of 191 which requires service animals to be lying down at the passenger’s feet under auxiliary aids or services.’’ The harnessed, leashed, or tethered while in the passenger’s control, and such a proposed rule also clarified that in public places unless the device requirement would minimize the making this determination, the carrier interferes with the animal’s work, in likelihood of unwelcome or injurious must make an individualized behavior by a service animal to other assessment based on reasonable which case the service animal must be 190 otherwise under the handler’s control passengers or airline staff. judgment that relies on the best available objective evidence to ascertain (e.g., voice control, signals, or other DOT Response the nature, duration, and severity of the effective means). The final rule allows airlines to risk; the probability that the potential Comments Received require service animals to be harnessed, injury will actually occur; and whether leashed, or tethered at all times, even in Airlines, disability advocates, reasonable modifications of policies, instances where the device interferes organizations, and individual practices, or procedures will mitigate with the service animal’s work or the commenters were unified in their the risk. The proposed rule also clarified passenger’s disability prevents use of support that the Department adopt a that the carrier must not deny these devices. The Department was regulation allowing airlines to require transportation to the service animal if persuaded by commenters who service animals to be harnessed, there are means short of refusal that explained that non-physical means of leashed, tethered, or otherwise under would mitigate the problem. control over the service animal, such as The Department also indicated that it the control of the service animal voice commands or signals, could would propose that ‘‘carriers would be handler. Commenters generally implicate safety on an aircraft. The prohibited from refusing to transport a recognized that a control requirement is Department understands that this would service animal based solely on breed or especially crucial in the airport/aircraft be a departure from DOJ’s rule generalized physical type, as distinct environment given the often crowded, implementing the ADA, which requires from an individualized assessment of confined, and high-pressure nature of service animals to be harnessed, the animal’s behavior and health.’’ 192 air transportation. Commenters leashed, or tethered while in public We stated that ‘‘[t]he Department’s emphasized that unrestrained service places unless the device interferes with policy has been to require airlines to animals are dangerous and present a the animal’s work, in which case the conduct individualized assessments of safety hazard by jeopardizing the safe service animal must be otherwise under particular service animals based on the transport of passengers, crew, and other the handler’s control (e.g., voice control, animal’s evident behavior or health, animals. Airlines commented that if 189 Comment from Service Dogs of Virginia, 191 See 14 CFR 382.3. harnessing, leashing, and tethering is https://beta.regulations.gov/document/DOT-OST- 192 85 FR 6452; see also Final Statement at 20– appropriate for trained animals under 2018-0068-32397. 21 (carriers may not refuse transportation to a dog the ADA, a similar requirement is 190 Id. based solely on its breed).

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rather than applying generalized Comments Received to deny transport to a service animal, assumptions about how a breed or type Commenters who addressed denying which is that the airline required the of dog would be expected to transport to service animals based on passenger to complete an Air behave.’’ 193 While we indicated that we the animal’s behavior, or after assessing Transportation Form or a Relief Form would retain that policy in the proposed the animal to determine whether the and the passenger failed to do so. The rule, the principle was inadvertently not animal posed a direct threat, were completion of the Air Transportation reflected in the proposed regulatory text largely in favor of the Department’s Form assists the airline in making an itself. proposal to require carriers to conduct individualized assessment on whether the animal poses a direct threat to the Next, the Department proposed that a an individualized assessment of the health or safety of others, and the carrier may deny transport to a service animal before deciding whether the completion of a Relief Form provides animal if it causes a significant animal should be denied transport. The assurances to the airline that the service disruption in the cabin or at an airport AAAE commented that its members animal would not urinate or defecate in gate area, or if the animal’s behavior believe that requiring airlines to make decisions about an animal’s behavior the cabin. indicates that it has not been trained to In addition, the final rule clarifies that 194 and health on a case-by-case basis behave properly in public. The the individualized assessment analysis Department proposed that if a carrier before denying the animal transportation is an appropriate must be made independent of the seeks to deny transport for these animal’s breed or type. For example, if reasons, the carrier must engage in an approach, rather than denying the animal transport on the basis of the the carrier determines that the animal is individualized assessment as set forth in a pit bull, that fact, standing alone, the rulemaking. As with considerations animal’s breed.196 With respect to observed animal behavior, Spirit would not be considered a proper basis of direct threat, the carrier must not on which to make an ‘‘individualized deny transportation to the service Airlines commented that airlines ‘‘should be able to deny boarding to a assessment’’ of any threat that the animal if there are means short of animal poses. Instead, the carrier would refusal that will mitigate the problem. service animal if an employee observes it misbehaving or showing aggression in be required to base its assessment on Third, the Department proposed that an airport regardless of whether observable, objective factors such as its a carrier may deny transport to a service documentation requirements have been behavior and health. This amendment animal if the animal’s carriage would met.’’ 197 Regarding the proposal to reflects the intended scope of the rule as violate FAA safety requirements or the allow airlines to require DOT-issued proposed and serves as a complement to safety requirements of a U.S. Territory service animal forms as a condition of the revised definition of a service or foreign government. In making this travel, industry commenters, some animal, which indicates that a service determination, a carrier would not be individuals, and a few disability animal is a dog, ‘‘regardless of breed or required to undertake the same organizations were supportive while type.’’ individualized analysis that is necessary most disability organizations and 9. Large Service Animals on Aircraft for direct threat or misbehavior (i.e., individuals opposed the proposal as with an assessment of the specific facts they believe that it would be unduly The NPRM and circumstances relating to the burdensome for passengers with In the NPRM, the Department animal, the risks involved, and means of disabilities, especially to those who had proposed to allow carriers to require a mitigating the risk). Instead, it would be never been required to submit any type service animal to fit within its handler’s sufficient for the carrier to determine of documentation to travel with their lap or foot space on the aircraft. If the that transport of the animal would service animal in the past. service animal could not fit, the airline violate the safety requirements of a U.S. would be required to offer the passenger DOT Response territory or foreign government. the opportunity to move to another Fourth, the Department proposed to The Department is adopting the location in the same class of service, if allow airlines to require passengers to proposal with a few revisions. The final available, where the service animal submit completed service animal forms rule retains the two reasons provided in could be accommodated. the proposal to deny transport to a as a condition of travel. However, the Comments Received NPRM did not include the lack of such service animal with no change: (1) The documentation in the proposed rule text animal poses a direct threat to the The comments received by airlines listing the reasons a carrier may refuse health or safety of others; and (2) the almost uniformly supported the to transport a service animal. animal causes a significant disruption in Department’s proposal to adopt a rule the aircraft or at the airport. Regarding that would allow carriers to require a Finally, the Department proposed that the third reason to deny transport to an service animal to fit within its handler’s if a carrier refused to transport an animal, the final rule allows airlines to lap or foot space. Commenters who animal as a service animal based on any preclude transport of a service animal if supported the Department’s proposal provision in Part 382, then the carrier doing so would violate applicable argued that it ensures that other must provide a written statement to the safety, health, or other regulations of a passengers seated near a service animal passenger setting forth the reasons for U.S. Federal agency, a U.S. territory, or will not be discomforted by an animal’s the refusal. This statement must be a foreign government. The proposed encroaching on their foot space and provided either at the airport itself, or rule mentioned safety regulations, but would provide a simple and clear within 10 days of the refusal of not health or other regulations. Further, standard for flight attendants to enforce. transportation.195 the final rule has added a fourth reason A4A supported the Department’s adopting a performance-based standard 193 Id. at 6454. 196 Comment from AAAE, https:// that would allow airlines to devise the 194 This principle also appears in section 382.74, beta.regulations.gov/comment/DOT-OST-2018- best, operationally feasible alternative, relating to the ways in which a carrier may identify 0068-19196. that an animal is a service animal. 197 Comment from Spirit Airlines, https:// including but not limited to seating the 195 The prior service animal rule had a nearly beta.regulations.gov/comment/DOT-OST-2018- passenger traveling with a service identical provision. See 14 CFR 382.117(g). 0068-19221. animal next to an empty seat within the

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same class of service, if such a seat is to allow airlines to require that a service with disabilities may be charged for available; providing the passenger with animal fit within the passenger’s foot damage caused by their service animals, the option to transport the animal in the space on the aircraft or be placed on the while other passengers, who inflict cargo hold, if possible; or offering to passenger’s lap. Passengers, including similar types of damage, may not be transport the passenger on a later flight passengers with disabilities traveling charged. The National Disability Rights with more room, if available.198 Airlines with large service animals, are not Network, Disability Rights Florida, mentioned that all passengers should entitled to more space than they Disability Rights New Jersey, and enjoy a comfortable flight and should purchased. While the Department is Oklahoma Disability Law Center, not be burdened with objecting if they sensitive to the fact that many large commented that DOT’s damage feel uncomfortable sharing their foot service animals, such as German provision is not justified ‘‘unless space with a large service animal. Shepherds, Golden Retrievers, and airlines currently actually charge The comments received by disability Labrador Retrievers, are commonly used passengers without disabilities if they advocates and the majority of individual to assist individuals with disabilities, vomit on a seat or floor or break a tray commenters uniformly opposed the particularly individuals with mobility table or cause any other damage to Department’s proposal. These impairments, these animals are often aircraft.’’ 202 Similarly, the Disability commenters argued that the trained to fit into small spaces.201 The Coalition (New Mexico) commented that Department’s proposal is discriminatory Department further emphasizes that if DOT should mandate such a because it denies access to those larger service animals are not provision, it should make it clear that passengers traveling with large service automatically prohibited from an ‘‘damages may be charged only when animals and will dramatically impact aircraft if they do not fit in their the airline charges for similar damage those who use large service animals for handler’s foot space. The final rule caused by humans, such as a child mobility impairments. Disability continues to require carriers to urinating in an airline seat.’’ 203 advocates noted a potential financial accommodate such animals by moving Airlines, however, support DOT’s hardship with the Department’s them to another seat location within the proposal to allow airlines to charge proposal that an airline may require a same class of service where the animal passengers for damage caused by their passenger with a disability to purchase can be accommodated, if available, such service animals. Air Canada commented an upgrade, an additional seat, or switch as a seat next to an empty seat on the that carriers should be allowed to to a later flight. Commenters argued that aircraft, if available. If there are no require service animal users to ‘‘agree to large service animals have been used for alternatives available to enable the indemnify and hold harmless the airline years, and are now only an issue since passenger to travel with the service and other passengers for any damage airlines have decreased space in animal in the cabin of the scheduled their animal may cause.’’ In addition, economy seating. Disability advocates, flight, airlines are also required to offer A4A suggested the inclusion of a such as PVA, argued that instead of passengers the opportunity to transport statement in the DOT-issued service limiting the size of service animals, the the service animal in the cargo hold free animal form that airlines may charge Department should amend its seating of charge or travel on a later flight to the service animal users for damage caused accommodation regulations to ensure extent there is space available on a later by their service animal.204 improved access to seats with additional flight and the transport is consistent DOT Response leg room for those individuals who use with the safety requirements. these animals.199 Disability advocates Passengers traveling with a large The Department has decided to argued that many large service animals, service animal also have the option to finalize, as proposed, a provision such as Great Danes and Mastiffs, are purchase an additional seat in advance allowing airlines to charge passengers used to support passengers with to ensure that their large service animal traveling with service animals for any challenges in balance (e.g., Parkinson’s is accommodated on the aircraft. damage to the aircraft caused by the Disease) or to pull a manual wheelchair, passenger’s service animal so long as the 10. Damage Caused by Service Animals possess sufficient training to behave in airline charges passengers without the airport and airline setting, and The NPRM disabilities for similar repairs or damage. The Service Animal Air should be accepted by airlines for travel In the NPRM, the Department Transportation Form and the Relief inside the cabin regardless of their size. proposed to permit airlines to adopt a Form provide notice to service animal Further, the Disability Rights Education policy in which the airline may charge users that they may be responsible for Fund and the Oklahoma Disability Law a passenger with a disability for damage damage caused by their service animals. Center disagreed with airline assertions caused by his or her service animal, so The Department acknowledges the that passengers feel ‘‘put upon’’ by long as the airline normally charges concerns of disability advocates that having to share space with service individuals without disabilities for service animal users may, in practice, be animals, arguing that these assertions similar kinds of damage caused by an 200 disproportionally charged for damage are unfounded. animal traveling with a passenger. DOT Response Comments Received 202 Comments from the National Disability Rights After carefully reviewing the Network, https://www.regulations.gov/ Disability advocates expressed document?D=DOT-OST-2018-0068-19210, comments, the Department has decided concern that, in practice, individuals Disability Rights New Jersey, https:// www.regulations.gov/document?D=DOT-OST-2018- 198 Comment from A4A, https:// 201 While the Guide Dog Foundation and 0068-19091, Disability Rights Florida, https:// beta.regulations.gov/comment/DOT-OST-2018- America’s VetDogs do not agree with the beta.regulations.gov/comment/DOT-OST-2018- 0068-19240. Department’s decision to allow airlines to require 0068-19336, and Oklahoma Disability Law Center, 199 Comment from PVA, https:// that a service animal fit into its user’s footspace or https://www.regulations.gov/document?D=DOT- beta.regulations.gov/comment/DOT-OST-2018- lap, this organization noted that ‘‘[m]ost service OST-2018-0068-19237. 0068-19429. dogs are able to curl up under their partner’s feet 203 Comment from The Disability Coalition (New 200 Comments from DREDF, https:// on an airplane.’’ See comments from the Guide Dog Mexico), https://beta.regulations.gov/comment/ beta.regulations.gov/comment/DOT-OST-2018- Foundation, https://beta.regulations.gov/comment/ DOT-OST-2018-0068-19219. 0068-19264, and the Oklahoma Disability Law DOT-OST-2018-0068-18141, and America’s 204 Comment from A4A, https:// Center, https://www.regulations.gov/ VetDogs, https://beta.regulations.gov/comment/ beta.regulations.gov/comment/DOT-OST-2018- document?D=DOT-OST-2018-0068-19237. DOT-OST-2018-0068-18138. 0068-19240.

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caused by their service animals when Effective Date of Final Rule estimates that airline carriers compared to others who inflict similar This final rule will become effective transported 751,000 emotional support damage. The Department emphasizes , 2021 to provide airlines animals in 2017, a 56.1 percent increase that such action by airlines would time to analyze and train personnel on from 2016. This number nearly equals violate the Department’s explicit the new service animal requirements, the 784,000 pets transported in 2017. regulatory mandate that service animal particularly given the COVID–19 public The final rule will eliminate a pricing users may only be charged for damage health emergency’s impact on the restriction currently imposed by caused by their service animals if other airline industry. government on airlines by allowing passengers are charged for similar types them to set a price on the transport of of damage. The Department’s Office of Regulatory Analyses and Notices emotional support animals other than Aviation Consumer Protection will take A. Executive Order 12866 (Regulatory zero dollars. action as appropriate if it finds Planning and Review), Executive Order Removing the current requirement inequities between the treatment of 13563 (Improving Regulation and that carriers must transport emotional service animal users and non-service Regulatory Review), and DOT animal users. support animals free of charge will Regulatory Policies and Procedures (49 allow market forces (i.e., carriers as 11. Codeshare Flights CFR part 5) producers and passengers as consumers) Under the Department’s existing This final rule has been determined to to set the price for air transportation of ACAA rule, U.S. carriers that participate be significant under Executive Order emotional support animals as pets. This 12866 (‘‘Regulatory Planning and in a code-sharing arrangement with a provision will allow carriers to charge Review’’) and the Department of foreign carrier are responsible for passengers traveling with emotional Transportation’s Regulatory Policies and ensuring that the foreign carrier support animals (dogs and other Procedures (found at 49 CFR part 5, complies with the service animal accepted species on board of an aircraft) subpart B) because of its considerable provisions of the rule with respect to a with pet transportation fees. This interest to the disability community and passenger traveling under the U.S. represents a transfer of surplus from the aviation industry. It does not, carrier’s code on the foreign carrier’s passengers to airlines, and does not however, meet the criteria under aircraft on flights between two foreign have implications for the net benefits Executive Order 12866 for an points. Although foreign airlines are calculation of the final rule. economically significant rule. It has only required to carry dogs, based on been reviewed by the Office of The final rule will also allow airlines the language in the existing ACAA rule, Management and Budget under that to require passengers traveling with the rule held a foreign carrier’s U.S. Executive Order. service animals to produce two forms of codeshare partner responsible if the Executive Orders 12866 and 13563 documentation developed by DOT. This foreign carrier refused to transport (‘‘Improving Regulation and Regulatory cost element places a potential burden service animal species other than dogs Review’’) require agencies to regulate in on passengers traveling with service for passengers traveling under the U.S. the ‘‘most cost-effective manner,’’ to animals who would need to submit two carrier’s code. Because the Department make a ‘‘reasoned determination that DOT forms to airlines. We estimate that was considering recognizing animals the benefits of the intended regulation the forms could create as much as other than just dogs as service animals justify its costs,’’ and to develop 84,000 burden hours and $1.3 million in in the NPRM, we sought comment on regulations that ‘‘impose the least costs per year. In some cases, however, whether we should include language in burden on society.’’ The rule defines a carriers already ask passengers to the rule to make it clear that U.S. service animal as a dog, regardless of complete equivalent nongovernmental airlines are not responsible for their breed or type, that is individually forms; thus, the analysis overestimates foreign carrier codeshare partner’s trained to do work or perform tasks for the net burden created by this failure to carry animal species other the benefit of a qualified individual rulemaking. than dogs as service animals. However, with a disability; treats psychiatric because this final rule requires only that service animals like other service Evaluating other economic impacts U.S. and foreign air carriers recognize animals; and allows airlines to require was more difficult due to data dogs as service animals, a conflict no passengers traveling with a service limitations. To gauge the potential longer exists between the species of animal to attest to the animal’s good magnitude of these impacts, we service animals that U.S. carriers and behavior and good health. Airlines will combined the limited data with foreign carriers are required to carry. As no longer be required to recognize reasonable assumptions about ESA such, this issue is moot, and a emotional support animals (ESAs) as transport that could occur under the substantive change in the rule text is service animals. final rule and a demand elasticity from unnecessary. The primary economic impact of this a surrogate market. The regulatory As a technical amendment, however, final rule is that it eliminates a market impact analysis, summarized in Table 1 the Department will make clear that inefficiency. The current policy and available in the docket, indicates U.S. carriers continue to be responsible amounts to a price restriction which that the final rule could be expected to for compliance with ACAA service requires that airlines forgo a potential generate annual cost savings to airlines animal regulations (now found at 14 revenue source, as airlines are currently between $15.6 million and $21.6 CFR 382 Subpart EE), if the U.S. carrier prohibited from charging a pet fee for million and annual net benefits of $3.7 participates in a code-sharing transporting emotional support animals. to $12.5 million. Public nonuse values arrangement with a foreign carrier with Airlines charge as much as $175 to potentially complicate the analysis, but respect to flights between two foreign transport pets on a one-way trip, giving there is little evidence that these values points.205 This amendment is non- passengers an incentive to claim their exist or would be large enough to offset substantive. pets as emotional support animals. A4A externality costs completely.

205 14 CFR 382.7(c).

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TABLE 1—SUMMARY OF ECONOMIC IMPACTS DUE TO FINAL RULE [2018 Dollars, millions]

Impact Annual value

Costs: Paperwork burden for passengers traveling with service animals ...... $1.3. Cost savings to airlines associated with providing ESA travel ...... ¥$21.6 to ¥$15.6. Benefits: Lost benefits to individuals who no longer travel with ESAs ...... ¥$10.6 to ¥$7.8. Reduction in negative externalities caused by ESAs ...... Not quantified. Transfers: Increased fees paid by passengers travelling with ESAs to airlines ...... $54.0 to $59.6.

Net benefits (benefits minus costs) ...... $3.7 to $12.5.

B. Executive Order 13771 (Reducing U.S.C. 41713. Therefore, the Federal Register. Therefore, a comment Regulation and Controlling Regulatory consultation and funding requirements to OMB is best assured of having its full Costs) of Executive Order 13132 do not apply. effect if OMB receives it within 30 days of publication. The Department may not This final rule is considered an E.O. E. Executive Order 13084 13771 deregulatory action. Details on impose a penalty on persons for the estimated cost savings of this final This rulemaking has been analyzed in violating information collection rule are discussed in the rule’s RIA, accordance with the principles and requirements which do not display a which has been uploaded to the docket. criteria contained in Executive Order current OMB control number, if 13084 (‘‘Consultation and Coordination required. The 60-day notice for this C. Regulatory Flexibility Act with Indian Tribal Governments’’). information collection was previously The Regulatory Flexibility Act (5 Because this rulemaking does not published in the Federal Register as U.S.C. 601 et seq.) requires an agency to significantly or uniquely affect the part of the NPRM on February 5, 2020 review regulations to assess their impact communities of the Indian Tribal volume 85, page 6474. The Department on small entities unless the agency governments or impose substantial invited interested parties to comment on determines that a rule is not expected to direct compliance costs on them, the the information collection requirements have a significant economic impact on funding and consultation requirements contained in the NPRM and the a substantial number of small entities. A of Executive Order 13084 do not apply. Department received one comment on the regulatory analysis that was direct air carrier or foreign air carrier is F. Paperwork Reduction Act a small business if it provides air referenced in the NPRM. This comment, transportation only with small aircraft Under the Paperwork Reduction Act and the Department’s responses, are (i.e., aircraft with up to 60 seats/18,000- (44 U.S.C. 3501 et seq.) (PRA), no discussed in the Traveling by Air with pound payload capacity).206 Relative to person is required to respond to a Service Animals Regulatory Impact typical airlines’ operating costs and collection of information unless it Analysis. revenues, the impact is expected to be displays a valid Office of Management This final rule adds two new nonsignificant. We received no and Budget (OMB) control number. As collections of information that allows comment on the preliminary finding of required by the PRA, the Department airlines to require passengers traveling nonsignificance or, more generally, the has submitted the Information with service animals to provide carriers potential impact of this rulemaking on Collection Request (ICR) abstracted with the following two forms of small entities. Therefore, the below to OMB. Before OMB decides documentation developed by the Department certifies that this final rule whether to approve those proposed Department: will not have a significant impact on a collections of information that are part 1. U.S. Department of Transportation substantial number of small entities. of this final rule and issue a control Service Animal Air Transportation number, the public must be provided 30 Form (‘‘Behavior and Health Attestation D. Executive Order 13132 (Federalism) days to comment. Organizations and Form’’): This form would be completed This final rule has been analyzed in individuals desiring to submit by passengers traveling with service accordance with the principles and comments on the information collection animals to inform airlines of the service criteria contained in Executive Order requirements should direct them to the animal’s health, training, and behavior 13132 (‘‘Federalism’’). This final rule Office of Management and Budget, and educate passengers on how service does not include any provision that: (1) Attention: Desk Officer for the Office of animals in air transportation are Has substantial direct effects on the the Secretary of Transportation, Office expected to behave, and of the States, the relationship between the of Information and Regulatory Affairs, consequences of service animal national government and the States, or Washington, DC 20503, and should also misbehavior. the distribution of power and send a copy of their comments to: 2. U.S. Department of Transportation responsibilities among the various Department of Transportation, Office of Service Animal Relief Attestation Form levels of government; (2) imposes Aviation Consumer Protection, Office of (‘‘Relief Attestation Form’’): This form substantial direct compliance costs on the General Counsel, 1200 New Jersey would be completed by passengers State and local governments; or (3) Avenue SE, Washington, DC 20590. traveling with service animals on flight preempts State law. States are already OMB is required to make a decision segments scheduled to take 8 hours or preempted from regulating in this area concerning the collection of information more to provide assurances to airlines by the Airline Deregulation Act, 49 requirements contained in this rule that the service animal will not need to between 30 and 60 days after relieve itself on the flight or that the 206 See 14 CFR 399.73. publication of this document in the animal can relieve itself in a way that

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does not create a health or sanitation from the carrier’s or DOT’s website, Estimated Annual Burden on issue, and to educate passengers of the reviewing the instructions, and Respondents: We estimate that consequences should an animal relieve completing the questions. Passengers completing the form will require 15 itself on aircraft in an unsanitary way. would spend a total of 79,750 hours minutes (.25 hours) per response, For each of these information annually (0.25 hours x 319,295 including the time it takes to retrieve an collections, the title, a description of the passengers) to retrieve and complete an electronic or paper version of the form respondents, and an estimate of the accessible version of the form. from the carrier’s or DOT’s website, annual recordkeeping and periodic Passengers would fill out the forms on reviewing the instructions, and reporting burden are set forth below: their own time without pay. To estimate completing the questions. Passengers would spend a total of 3,987.5 hours 1. Requirement To Prepare and Submit the value of this uncompensated annually (0.25 hours x 15,950 to Airlines the DOT Air Transportation activity, we use median wage data from 208 passengers) to retrieve an accessible Service Animal Behavior and Health the Bureau of Labor Statistics. We use version of the form and complete the Attestation Form a post-tax wage estimate of $15.42 ($18.58 median for all occupations form. Passengers would fill out the Respondents: Passengers with minus a 17 percent estimated tax forms on their own time without pay, as disabilities traveling on aircraft with rate).209 The estimated annual value of they would with the Animal Behavior service animals. this time is $1,229,857. and Health Attestation Form. The Number of Respondents: The estimated annual value of this time is Department estimates that 319,000 2. Requirement To Prepare and Submit $61,493. service animals are transported annually to Airlines the DOT Service Animal Table 2 summarizes the estimated by U.S. carriers on flights to, within, Relief Attestation Form burden and costs of the two new DOT and from the United States and by forms for Paperwork Reduction Act foreign air carriers on flights to and from Respondents: Passengers with (PRA) accounting purposes. In some the United States.207 Assuming that one disabilities traveling on aircraft with cases, carriers already require passenger with a disability travels with service animals on flight segments passengers traveling with service a service animal, 319,000 respondents scheduled to take 8 hours or more. animals to complete equivalent forms. would have to complete the form. Number of Respondents: The Allegiant Air and Delta Air Lines ask Estimated Annual Burden on Department estimates that 5 percent of passengers to carry health forms, for Respondents: We estimate that service animal users would be on flight example, while American Airlines and completing the form would require 15 segments scheduled to take 8 hours or Hawaiian Airlines ask passengers to fill minutes (.25 hours) per response, more and would also have to complete out relief attestation forms. Thus, the including the time it takes to retrieve an the Relief Attestation Form, for a total estimates are likely to overestimate any electronic or paper version of the form of 15,950 respondents. new burden created by this rulemaking.

TABLE 1—PAPERWORK COST ESTIMATES FOR U.S. DOT SERVICE ANIMAL FORMS

Hourly time Form Passengers Hours Total hours value Subtotal

Behavior & health ...... 319,000 0.25 79,750 $15.42 $1,229,857 Relief ...... 15,950 0.25 3,987.5 $15.42 61,493

Total ...... 83,737.5 ...... 1,291,349

G. Unfunded Mandates Reform Act FR 56420, Oct. 1, 1979). Categorical protection, including regulations.’’ exclusions are actions identified in an Because this rulemaking relates to The Department has determined that agency’s NEPA implementing ensuring both the nondiscriminatory the requirements of Title II of the procedures that do not normally have a access to air transportation for Unfunded Mandates Reform Act of 1995 significant impact on the environment consumers with disabilities, as well as do not apply to this rulemaking. and therefore do not require either an the safe transport of the traveling public, H. National Environmental Policy Act environmental assessment (EA) or this rulemaking is a consumer environmental impact statement protection rulemaking. The Department The Department has analyzed the (EIS).210 In analyzing the applicability does not anticipate any environmental environmental impacts of this action of a categorical exclusion, the agency impacts, and there are no extraordinary pursuant to the National Environmental must also consider whether circumstances present in connection Policy Act of 1969 (NEPA) (42 U.S.C. extraordinary circumstances are present with this rulemaking. 4321 et seq.) and has determined that it that would warrant the preparation of is categorically excluded pursuant to an EA or EIS.211 Paragraph 3.c.6.i of List of Subjects in 14 CFR Part 382 DOT Order 5610.1C, Procedures for DOT Order 5610.1C categorically Air Carriers, Civil rights, Consumer Considering Environmental Impacts (44 excludes ‘‘[a]ctions relating to consumer protection, Individuals with Disabilities,

207 Comment from A4A, https:// traffic-data-us-airlines-and-foreign-airlines-us- available at https://aspe.hhs.gov/system/files/pdf/ www.regulations.gov/document?D=DOT-OST-2018- flights. 257746/VOT.pdf. 0068-4288. A4A estimates that 281,000 service 208 For a discussion of estimating the value of 209 Bureau of Labor Statistics (2019). ‘‘May 2018 animals were transported on U.S. airlines in 2017. uncompensated activities, see ‘‘Valuing Time in National Occupational Employment and Wage DOT estimates that 38,000 service animals were U.S. Department of Health and Human Services Estimates: United States.’’ https://www.bls.gov/oes/ transported by foreign airlines on flights to and _ from the U.S. in 2017 based on air carrier passenger Regulatory Impact Analyses: Conceptual current/oes nat.htm. data from the Bureau of Transportation Statistics, Framework and Best Practices’’ from the 210 See 40 CFR 1508.4. available at https://www.bts.gov/newsroom/2017- Department of Health and Human Services, 211 Id.

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Reporting and recordkeeping the foreign carrier) are responsible for required to provide them, but you may requirements. ensuring compliance with the service choose to do so. For the reasons set forth in the provisions of subparts A through C, E (1) Carriage of an incubator; preamble, the Department of through H, and K of this part, with (2) Hook-up for a respirator, Transportation amends 14 CFR part 382 respect to passengers traveling under ventilator, CPAP machine or POC to the as follows: your code on such a flight. aircraft electrical power supply; * * * * * (3) Accommodation for a passenger PART 382—NONDISCRIMINATION ON ■ who must travel in a stretcher; 4. Section 382.27 is revised to read as (4) Transportation for an electric THE BASIS OF DISABILITY IN AIR follows: TRAVEL wheelchair on an aircraft with fewer § 382.27 May a carrier require a passenger than 60 seats; ■ 1. The authority citation for part 382 with a disability to provide advance notice (5) Provision of hazardous materials continues to read as follows: in order to obtain certain specific services packaging for batteries or other assistive in connection with a flight? devices that are required to have such Authority: 49 U.S.C. 41705. (a) Except as provided in paragraphs packaging; ■ 2. Amend § 382.3 by adding in (b) and (c) of this section and §§ 382.75 (6) Accommodation for a group of ten alphabetical order the definitions of and 382.133(e)(4), (5), (f)(5) and (6), as or more qualified individuals with a service animal and service animal a carrier you must not require a disability, who make reservations and handler to read as follows: passenger with a disability to provide travel as a group; and advance notice in order to obtain (7) Provision of an on-board § 382.3 What do the terms in this rule wheelchair on an aircraft with more mean? services or accommodations required by this part. than 60 seats that does not have an * * * * * (b)(1) You may require a passenger accessible lavatory. Service animal means a dog, with a disability to provide up to 72 (8) Accommodation of a passenger regardless of breed or type, that is hours’ advance notice and check in one who has both severe vision and hearing individually trained to do work or hour before the check-in time for the impairments (see § 382.29(b)(4)). perform tasks for the benefit of a general public to receive carrier- (d) If the passenger with a disability qualified individual with a disability, supplied in-flight medical oxygen on provides the advance notice you including a physical, sensory, international flights, and 48 hours’ require, consistent with this section, for psychiatric, intellectual, or other mental advance notice and check-in one hour a service that you must provide (see disability. Animal species other than before the check-in time for the general paragraphs (b)(2) through (3) and (c)(4) dogs, emotional support animals, public to receive carrier-supplied in- through (8) of this section) or choose to comfort animals, companionship flight medical oxygen on domestic provide (see paragraphs (b)(1) and (c)(1) animals, and service animals in training flights. This service is optional; you are through (c)(3) of this section), you must are not service animals for the purposes not required to provide carrier-supplied provide the requested service or of this part. in-flight medical oxygen, but you may accommodation except to comply with A Service animal handler is a choose to do so. any applicable safety regulations. passenger in air transportation who is a (2) You may require a passenger with (e) Your reservation and other qualified individual with a disability a disability to provide 48 hours’ administrative systems must ensure that who receives assistance from a service advance notice and check-in one hour when passengers provide the advance animal(s) that does work or performs before the check-in time for the general notice that you require, consistent with tasks that are directly related to the public to use his/her ventilator, this section, for services and individual’s disability, or a third party respirator, CPAP machine or POC. accommodations, the notice is who accompanies the individual with a (3) You may require a passenger with communicated, clearly and on time, to disability traveling with a service a disability seeking to travel with a the people responsible for providing the animal such as a parent of a minor child service animal in the cabin of the requested service or accommodation. or a caretaker. The service animal aircraft to provide up to 48 hours’ (f) If a passenger with a disability handler is responsible for keeping the advance notice through submission of provides the advance notice you animal under control at all times, and the forms identified in § 382.75 (a) and require, consistent with this section, caring for and supervising the service (b) as a condition of permitting the and the passenger is forced to change to animal, which includes toileting and service animal to travel in the cabin if another flight (e.g., because of a flight feeding. the reservation is made more than 48 cancellation), you must, to the * * * * * hours prior to a flight’s departure. In the maximum extent feasible, provide the ■ 3. In § 382.7, revise paragraph (c) to alternative, you may require a passenger accommodation on the new flight. If the read as follows: with a disability seeking to travel with new flight is another carrier’s flight, you a service animal in the cabin of the must provide the maximum feasible § 382.7 To whom do the provisions of this aircraft to provide the forms identified assistance to the other carrier in part apply? in § 382.75 (a) and (b) at the passenger’s providing the accommodation the * * * * * departure gate on the date of travel as passenger requested from you. (c) As a foreign carrier, you are not a condition of permitting the service (g) If a passenger does not meet subject to the requirements of this part animal to travel in the cabin. advance notice or check-in requirements with respect to flights between two (c) You may require a passenger with you establish consistent with this foreign points, even with respect to a disability to provide up to 48 hours’ section, you must still provide the flights involving code-sharing advance notice and check in one hour service or accommodation if you can do arrangements with U.S. carriers. As a before the check-in time for the general so by making reasonable efforts, without U.S. carrier that participates in a code- public to receive the following services delaying the flight. sharing arrangement with a foreign and accommodations. The services ■ 5. Revise the heading of subpart E and carrier with respect to flights between listed in paragraphs (c)(1) through (c)(3) add §§ 382.72 through 382.80 to subpart two foreign points, you (as distinct from of this section are optional; you are not E to read as follows:

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Subpart E—Accessibility of Aircraft or an airport gate area, bark or growl requirements on transport of animals by and Service Animals on Aircraft repeatedly at other persons or other a Federal agency, a U.S. territory or a animals on the aircraft or in the airport foreign jurisdiction. Sec. gate area, bite, jump on, or cause injury (d) As a U.S. air carrier, if you require * * * * * to people, or urinate or defecate in the service animal users to submit the forms 382.72 Must carriers allow a service animal cabin or gate area. An animal that identified in paragraphs (a) and (b) of to accompany a passenger with a engages in such disruptive behavior this section, you must have copies of disability? demonstrates that it has not been these forms available for passengers at 382.73 How do carriers determine if an each airport you serve. As a foreign air animal is a service animal? May a carrier successfully trained to behave properly require that a service animal be under in a public setting and carriers are not carrier, if you require service animal the control of the service animal user or required to treat it as a service animal users to submit the forms identified in handler? without a carrier in the cabin, even if paragraphs (a) and (b) of this section, 382.74 How many service animals must a the animal performs an assistive you must have copies of the forms carrier transport in the cabin of aircraft? function for a passenger with a available for passengers at each airport 382.75 May a carrier require documentation disability. serving a flight you operate that begins from passengers with disabilities seeking (3) You may look for physical or ends at a U.S. airport. to travel with a service animal? (e) If you have a website, you must 382.76 May a carrier require a service indicators, such as a harness or vest on the animal, to determine if the animal have the forms identified in paragraphs animal user to physically check-in at the (a) and (b) available to passengers in an airport as a condition of travel with a is a service animal. service animal? (b) You may require that a service accessible format. You must mail copies 382.77 May carriers restrict the location and animal be harnessed, leashed, or of the forms identified in paragraphs (a) placement of service animals on aircraft? otherwise tethered at all times by the and (b) to passengers upon request. 382.78 May carriers charge individuals with service animal user or service animal (f) If you require a passenger with a disabilities for the damage their service handler while in areas of the airport that disability traveling with a service animal causes? you own, lease or control, or on an animal to submit the forms identified in 382.79 Under what other circumstances paragraphs (a) and (b) of this section in aircraft. may carriers refuse to provide advance of the passenger’s date of transportation to a service animal § 382.74 How many service animals must travel, you must provide the passenger traveling with a passenger with a a carrier transport in the cabin of aircraft? disability? the option of submitting the completed 382.80 May carriers impose additional You are not required to accept more form(s) to you electronically or by restrictions on the transport of service than two service animals for a single hardcopy. animals? passenger with a disability. (g)(1) If a passenger’s reservation was made more than 48 hours in advance of § 382.72 Must carriers allow a service § 382.75 May a carrier require the first originally scheduled departure animal to accompany a passenger with a documentation from passengers with time on the passenger’s itinerary, you disability? disabilities seeking to travel with a service may require that passenger provide up You must allow a service animal to animal? to 48 hours advance notice by accompany a passenger with a (a) If a passenger with a disability submitting the form identified in disability. You must not deny seeks to travel with a service animal, paragraph (a) of this section. transportation to a service animal based you may require the passenger to (2) If a passenger’s reservation was on the animal’s breed or type or on the provide you, as a condition of made more than 48 hours in advance of basis that its carriage may offend or permitting the service animal to travel the first originally scheduled departure annoy carrier personnel or persons in the cabin, a current completed U.S. time on the passenger’s itinerary and a traveling on the aircraft. Department of Transportation Service flight segment on the passenger’s Animal Air Transportation Form. § 382.73 How do carriers determine if an itinerary is scheduled to take 8 hours or animal is a service animal that must be Current means the form was completed more, you may require that the accepted for transport? May a carrier on or after the date the passenger passenger provide up to 48 hours require that a service animal be under the purchased his or her airline ticket. advance notice by submitting the form control of the service animal user or (b) On a flight segment scheduled to identified in paragraph (b) of this handler? take 8 hours or more, you may, as a section. (a) You may rely on one or more of condition of permitting a service animal (3) If a passenger’s reservation was the factors set forth in paragraphs (a)(1) to travel in the cabin, require the made less than 48 hours in advance of through)(3) of this section to determine passenger with a disability traveling the first originally scheduled departure if an animal is a service animal that with the service animal to confirm that time on the passenger’s itinerary, you must be accepted for transport. the animal will not need to relieve itself may not require that passenger provide (1) You may make two inquiries to on the flight, or that the animal can advance notice of his or her intent to determine whether an animal qualifies relieve itself in a way that does not travel with a service animal. You may as a service animal. You may ask if the create a health or sanitation issue on the require that the passenger complete the animal is required to accompany the flight by providing a current DOT forms identified in paragraphs (a) and passenger because of a disability and Service Animal Relief Attestation Form. (b) of this section and submit a copy of what work or task the animal has been Current means the form was completed the form to you at the passenger’s trained to perform. You must not ask on or after the date the passenger departure gate on the date of travel. about the nature or extent of a person’s purchased his or her airline ticket. (h) If the passenger does not meet the disability or ask that the service animal (c) You are not permitted to require advance notice requirements you demonstrate its work or task. documentation from passengers with establish consistent with this section, (2) You may observe the behavior of disabilities traveling with service you must still provide the an animal. A trained service animal will animals beyond the completion of the accommodation if you can do so by remain under the control of its handler. forms identified in paragraphs (a) and making reasonable efforts, without It does not run freely around an aircraft (b) of this section except to comply with delaying the flight.

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§ 382.76 May a carrier require a service § 382.79 Under what other circumstances reasonable modifications of policies, animal user to check-in physically at the may carriers refuse to provide practices, or procedure will mitigate the airport? transportation to a service animal traveling misbehavior and/or the disruption. A You may not require a passenger with with a passenger with a disability? current completed U.S. Department of a disability to check-in physically at the (a) You may deny transport to a Transportation Service Animal Air airport, rather than using the online service animal under the following Transportation Form and a current check-in available to the general public, circumstances: completed U.S. Department of on the basis that the passenger is (1) The animal poses a direct threat to Transportation Service Animal Relief traveling with a service animal. the health or safety of others (see Attestation Form may be used in making definition in § 382.3); this determination. § 382.77 May carriers restrict the location (2) The animal causes a significant and placement of service animals on disruption in the cabin or at an airport (d) In conducting the analysis aircraft? gate area, or its behavior on the aircraft required under paragraphs (a)(1) and (2) (a) You must permit a service animal or at an airport gate area indicates that of this section, you must not deny to accompany a passenger with a it has not been trained to behave transportation to the service animal if disability on the passenger’s lap or in properly in public (e.g., running freely, there are means available short of the passenger’s foot space, unless this barking or growling repeatedly at other refusal that would mitigate the problem location and placement would: persons on the aircraft, biting or (e.g., muzzling a barking service dog or (1) Be inconsistent with safety jumping on people, or urinating or taking other steps to comply with requirements set by the FAA or the defecating in the cabin or gate area); animal health regulations needed to foreign carrier’s government; or (3) The animal’s carriage would permit entry of the service animal into (2) Encroach into another passenger’s violate applicable safety or health a domestic territory or a foreign space. requirements of any U.S. federal agency, country). (b) Before refusing to transport a large U.S. territory or foreign government; or (e) If you refuse to provide service animal that cannot be (4) The passenger with a disability transportation to a service animal based accommodated on the passenger’s lap or seeking to travel with a service animal on any provision in this part, you must in the passenger’s foot space without in the cabin of the aircraft does not provide the individual with a disability provide completed current forms as set encroaching into another passenger’s accompanied by the service animal a forth in § 382.75 (a) and (b) to the carrier space, you must offer the passenger the written statement of the reason for the when requested to do so. opportunity to move with the animal to refusal. This statement must include the another seat location within the same (b) In determining whether to deny transport to a service animal on the specific basis for the carrier’s opinion class of service, if available on the that the refusal meets the standards of aircraft, where the animal can be basis that the animal poses a direct threat under paragraph (a)(1) of this paragraphs (a) through (c) of this section accommodated. You are not required to or is otherwise specifically permitted by reseat other passengers to accommodate section, you must make an individualized assessment, independent this part. You must provide this written a service animal except as required for statement to the individual with a designated priority seats in Subpart F. of the dog’s breed or type, based on reasonable judgment that relies on the disability accompanied by the service (c) If there are no alternatives animal either at the airport, or within 10 available to enable the passenger to best available objective evidence to ascertain the nature, duration, and calendar days of the refusal of travel with the service animal in the transportation. cabin of the scheduled flight, you must severity of the risk; the probability that offer the passenger the opportunity to the potential injury will actually occur; § 382.80 May carriers impose additional transport the service animal in the cargo and whether reasonable modifications restrictions on the transport of service hold free of charge or travel on a later of policies, practices, or procedure will animals? flight to the extent there is space mitigate the risk. A current completed U.S. Department of Transportation Carriers are not permitted to establish available on a later flight and the additional restrictions on the transport transport is consistent with the safety Service Animal Air Transportation Form may be used in making this of service animals outside of those requirements set by the FAA or a foreign specifically permitted by the provisions carrier’s government. determination. (c) In determining whether to deny in this part, unless required by § 382.78 May carriers charge individuals transport to a service animal on the applicable FAA, TSA, or other Federal with disabilities for the damage their basis that the animal has misbehaved requirements or a foreign carrier’s service animal causes? and/or has caused a significant government. While you generally cannot charge an disruption in the cabin under paragraph § 382.117 [Removed] individual with a disability for (a)(2) of this section, you must make an transporting service animals, or for individualized assessment, independent ■ 6. Remove § 382.117. providing other services that this part of the dog’s breed or type, based on Issued in Washington, DC. requires, you may charge a passenger reasonable judgment that relies on the with a disability for damage caused by best available objective evidence to Elaine L. Chao, his or her service animal so long as you ascertain the probability that the Secretary. normally charge individuals without misbehavior and/or disruption will [FR Doc. 2020–26679 Filed 12–7–20; 4:15 pm] disabilities for similar kinds of damage. continue to occur; and whether BILLING CODE 4910–9X–P

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