BEFORE THE OFFICE OF THE SECRETARY U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, DC ______) In the Matter of ) Docket Management Facility ) Department of Transportation ) 1200 New Jersey Avenue, SE TRAVELLING BY AIR WITH ) West Building, Ground Floor SERVICE ANIMALS ) Room W12-140 ) Washington, DC 20590 ) NOTICE OF PROPOSED ) 14 CFR Part 382 RULEMAKING ) DOT-OST-2018-0068 ______)

COMMENTS OF

THE ASSOCIATION OF ASIA PACIFIC AIRLINES

Communications with respect to this document should be sent to:

Mr. Subhas Menon Ms. Beatrice Lim Director General Director-Industry & Regulatory Association of Asia Pacific Airlines Affairs Level 27-1, Menara Prestige Association of Asia Pacific Airlines 1 Jalan Pinang Level 27-1, Menara Prestige 50450 , 1 Jalan Pinang Malaysia. 50450 Kuala Lumpur, Tel: +(60) 3 – 2162 1888 Malaysia. Fax: +(60) 3 – 2162 6888 Tel: +(60) 3 – 2162 1888 Fax: +(60) 3 – 2162 6888

Mr. Steve Martin Association of Asia Pacific Airlines 1150 Connecticut Avenue NW, Suite 601 Washington, D.C. 20036 Tel: (202) 688-2220 Fax: (202) 688-2225

Dated: 6 April 2020

BEFORE THE OFFICE OF THE SECRETARY U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, DC ______) In the Matter of ) Docket Management Facility ) Department of Transportation ) 1200 New Jersey Avenue, SE TRAVELLING BY AIR WITH ) West Building, Ground Floor SERVICE ANIMALS ) Room W-12-140 ) Washington, DC 20590 ) NOTICE OF PROPOSED ) 14 CFR Part 382 RULEMAKING ) DOT-OST-2018-0068 ______)

COMMENTS OF

THE ASSOCIATION OF ASIA PACIFIC AIRLINES

The Association of Asia Pacific Airlines (AAPA) files these comments in response to the Notice of Proposed Rulemaking on Travelling by Air with Service Animals.

THE ASSOCIATION OF ASIA PACIFIC AIRLINES

The AAPA is the trade association of major international airlines based in the Asia Pacific region. Its members include , , , Airways, Airways, , EVA Air, , , , , , Royal Airlines, and International. AAPA member airlines operate multiple passenger and cargo flights to various points in the United States.

i) General Comments

The Association of Asia Pacific Airlines appreciates the opportunity to provide comments on the Department of Transportation’s (DOT) Notice of Proposed Rulemaking (NPRM) on Travelling by Air with Service Animals (14 CFR Part 382; Docket No. DOT-OST-2018-0068).

AAPA and its member airlines are renowned airline leaders in standards of service and have always maintained a high level of customer service, often setting industry benchmarks, shown in the many awards and accolades garnered by AAPA member airlines over the years.

The presence of service animals in the cabin of an aircraft poses numerous operational and health-related issues for AAPA member airlines. Flights to the U.S. operated by our member carriers are long-haul or ultra-long haul in nature, between 10 hours to 18 hours in duration. DOT regulations require foreign carriers to transport only service dogs, to the extent that this does not conflict with the laws a foreign carrier is subjected to in its home jurisdiction or the destination point.

We welcome DOT’s efforts in clarifying some of the definitions and rules surrounding the carriage of service animals and encourage the DOT to take in account the impact of long-haul and ultra- long haul travel on travelling with service animals.

AAPA would like to highlight some additional concerns on the NPRM and respond to some of DOT’s specific requests for comments. ii) Service Animal Species

We support DOT’s proposal to limit the definition of a service animal to a dog that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability. This will bring the regulation in line with the Department of Justice’s definition of a service animal under the Americans with Disabilities Act (ADA). iii) Breed or Type Restrictions

We are concerned with the Department’s proposal to prohibit airlines from restricting service animals based solely on the breed or generalised type of dog. Foreign air carriers are subject to the regulations of their home markets as well as those markets in which they operate to. A number

of jurisdictions have in place strict laws against the importation of certain breed of dogs, including Singapore, Hong Kong and . Prohibiting airlines from restricting service animals based on breed or type could place airlines in conflict with other national laws in their home jurisdictions.

We strongly recommend that against applying such a prohibition to international air carriage so that foreign air carriers are able to comply with the laws of the jurisdictions they operate to. iv) Emotional Support Animals

We reaffirm our support for DOT to maintain its stance to define a service animal as a dog that is individually trained to do work or perform task for the benefit of a qualified individual with a disability, and to exclude emotional support animals from the definition of a service animal. As mentioned earlier, this will bring the regulation in line with the Department of Justice’s definition of a service animal under the Americans with Disabilities Act (ADA).

We support the proposal to allow airlines to treat emotional support animals, comfort animals, companionship animals and service animals in training as pets rather than service animals, leaving the discretion to airlines to recognise and handle these categories of animals as appropriate, in line with internationally-accepted practice. v) Large Service Animals

We welcome DOT’s proposal to allow airlines to place size limitations on service animals, to the extent that the animal could be accommodated on the passenger’s lap or in the foot space immediately in front of the passenger’s seat. We support DOT’s view that this accommodation should be made within the safety requirements set by relevant government authorities, including the U.S. FAA, and without encroaching into another passenger’s space.

We support DOT’s recognition that, while airlines strive to accommodate service animals to their best of their abilities within the regulations, there would be situations where this would be difficult to achieve without causing substantial discomfort to other passengers, or without encroaching onto other passengers’ space and privacy. Airlines stand ready to accommodate the service animal within the cargo belly space on the same flight or another available flight, and that such accommodation should be done with mutual agreement with the passenger concerned.

vi) Number of Service Animals per Passenger and per Flight

We commend DOT’s efforts in limiting the number of service animals per passenger. Nevertheless, we urge the DOT to carefully consider limiting the number of service animals to one animal per passenger instead of two animals, and work together with the FAA to provide appropriate guidance on the maximum number of service animals allowed per flight without compromising the overall safety of all passengers on board. Without specifying the limit on the number of animals per flight, the ability for the passengers and crew to react and evacuate safely and in a timely manner in an emergency situation may be compromised. vii) Service Animal Restraints

We support DOT’s proposal to allow airlines to require service animals to be harnessed, leashed or tethered as effective means of control under the service animal user. While properly trained and certified service animals could reasonably be expected to perform their tasks well, air travel may pose other situational challenges for a service animal unfamiliar with a cabin environment. In such cases, being harnessed, leashed or tethered would minimise the risk of lapses in trained behaviour as well as afford some assurance to fellow passengers.

We further support DOT’s proposal to allow airlines to determine that an animal is not a service animal if it is not under the control of its handler, as this is one of the clearest indications in determining whether a given animal has undergone the required service animal training.

We also support DOT’s proposal to limit the definition of a service animal handler to a qualified individual with a disability or a safety assistant travelling with them, who will be responsible for keeping the animal under control at all times, and caring for and supervising the service animal, including toileting and feeding. viii) Service Animal Documentation

We welcome DOT’s effort to introduce standardised documentation for acceptance of service animals. The following are some specific comments on each of the forms:

 Air Transportation Service Animal Behaviour and Attestation Form We support the introduction of written certified assurances such as the proposed Air Transportation Service Animal Behaviour and Attestation Form, which reduces the ambiguity that could arise with verbal assurances.

Nevertheless, we would caution that such a form cannot guarantee how an animal would behave in a given situation. The form should only constitute a part of the airline’s overall evaluation on whether to accept a service animal for travel.

 Air Transportation Service Animal Health Form We support the standardised Air Transportation Service Animal Health Form, which would give certain assurances to safeguard the health and safety of the travelling public. Nonetheless, it should be noted that such a form would not adequately address the vaccination and importation requirements imposed by foreign governments in cases of international travel. We urge the DOT to, again, recognise that this form should only be a part of the airline’s overall assessment to better facilitate the acceptance of the animal for international air travel.

 Service Animal Relief Attestation Form We are supportive of the standardised Service Animal Relief Attestation Form for flight segments of eight hours or longer.

Additionally, as stipulated under 14 CFR Part 382.117 (h), DOT’s own regulations require air carriers to comply with foreign regulations, including animal health regulations, needed to permit the legal transportation of a passenger's service animal from the U.S. into a foreign airport. DOT needs to put in place provisions to ensure that the proposed rulemaking will not place foreign air carriers in conflict with applicable laws in other jurisdictions. ix) Advance Notice

We are concerned that DOT intends to prohibit airlines from requiring passengers travelling with service animals to provide documentation in advance. Passengers travelling with service animals deserve special care and arrangements to ensure their trip would be as smooth as possible. Advance notice is, therefore, necessary to ensure that airlines would have sufficient time to make

the right preparations. This is especially important for journeys involving multiple airports and multiple airlines on flights of more than 10 hours and beyond.

The proposal by DOT to prohibit advance notice would curtail a carrier’s ability to deliver the necessary service and accommodations under the operating parameters highlighted above.

We further note DOT’s proposal to require airlines to make an employee trained to handle disability-related matters available in-person to process service animal documentation promptly while maintaining the one hour before the general check-in time. We submit that airlines be allowed to designate service contractors such as trained ground handling agents to assist such cases. There is merit in engaging trained or specialised service contractors, so that passengers travelling with service animals can be provided with the proper care before travel.

We urge the DOT to seriously take note of the challenges posed by long-haul and ultra-long haul operations and maintain the 48 hours advance notice requirement for passengers with travelling with service animals. x) Carriage involving Multiple Carriers and Airports

We support DOT’s proposal to recognise only dogs as service animals, which will align the species requirements for both U.S. and foreign carriers. Such recognition would eliminate the existing conflicting requirements for U.S and foreign carriers and provide clarity for service animal users and airlines alike for journeys involving multiple carriers and airports, especially for journeys involving a domestic flight connecting to an international flight on a single ticket, including codeshare flights.

Conclusion

AAPA welcomes the DOT’s initiative to clarify existing rules surrounding the facilitation of passengers with disabilities and the carriage of service animals in international air travel.

The provisions as they stand, while addressing some key issues, still do not fully take into account the dynamics of the long haul and ultra-long haul flights operated by Asia Pacific carriers. For all of the above reasons, AAPA respectfully urges DOT to avoid an overly detailed and prescriptive approach to dealing with situations arising from the carriage of persons travelling with service animals. We believe that an appropriate degree of authority, discretion and flexibility on the part

of the carrier is still necessary to ensure that the overall safety of all passengers are properly safeguarded.

The AAPA and its member airlines remain committed to treating all passengers with dignity and respect in a non-discriminatory manner. We will continue to work towards this shared goal through international cooperation with the aim of developing a more harmonised approach to customer service standards in this and other areas.

AAPA appreciates the opportunity to submit comments to the current rulemaking and looks forward to further dialogue with the Department on this issue.

Respectfully submitted by

______

Beatrice Lim Director-Industry & Regulatory Affairs ASSOCIATION OF ASIA PACIFIC AIRLINES