[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Rules and Regulations]
[Pages 24874-24878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11452]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. OST-2003-15072]


Guidance Concerning Service Animals in Air Transportation

AGENCY: Department of Transportation, Office of the Secretary.

ACTION: Notice of policy guidance concerning service animals in air 
transportation.

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SUMMARY: This notice publishes a revision to the Department of 
Transportation's Guidance Concerning Service Animals in Air 
Transportation, originally published in the Federal Register on 
November 1, 1996. It is the result of the Department's review of a 
September 19, 2002, submission of suggested improvements to the 
existing

[[Page 24875]]

guidance from representatives of the disability community and the 
airline industry.

ADDRESSES: This guidance document is available on the Department's Web 
site at http://airconsumer.ost.dot.gov/ and future updates or revisions 
will be posted there. Questions regarding this notice may be addressed 
to the Office of Aviation Enforcement and Proceedings, C-70, 400 7th 
Street, SW., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Damon P. Whitehead, Office of the 
General Counsel, Office of Aviation Enforcement and Proceedings, 400 
Seventh Street, SW., Washington, DC 20590; (202) 366-1743; fax: (202) 
366-7152; E-mail: [email protected].

Policy Guidance Concerning Service Animals in Air Transportation

    In 1990, the U.S. Department of Transportation (DOT) promulgated 
the official regulations implementing the Air Carrier Access Act 
(ACAA). Those rules are entitled Nondiscrimination on the Basis of 
Disability in Air Travel (14 CFR part 382). Since then the number of 
people with disabilities traveling by air has grown steadily. This 
growth has increased the demand for air transportation accessible to 
all people with disabilities and the importance of understanding 
DOT's regulations and how to apply them. This document expands on an 
earlier DOT guidance document published in 1996\1\, which was based 
on an earlier Americans with Disabilities Act (ADA) service animal 
guide issued by the Department of Justice (DOJ) in July 1996. The 
purpose of this document is to aid airline employees and people with 
disabilities in understanding and applying the ACAA and the 
provisions of Part 382 with respect to service animals in 
determining:
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    \1\ 61 FR 56409, 56420 (Nov. 1, 1996).
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    (1) Whether an animal is a service animal and its user a 
qualified individual with a disability;
    (2) How to accommodate a qualified person with a disability with 
a service animal in the aircraft cabin; and
    (3) When a service animal legally can be refused carriage in the 
cabin.

Background

    The 1996 DOT guidance document defines a service animal as ``any 
guide dog, signal dog, or other animal individually trained to 
provide assistance to an individual with a disability. If the animal 
meets this definition, it is considered a service animal regardless 
of whether it has been licensed or certified by a state or local 
government.'' This document refines DOT's previous definition of 
service animal \2\ by making it clear that animals that assist 
persons with disabilities by providing emotional support qualify as 
service animals and ensuring that, in situations concerning 
emotional support animals, the authority of airline personnel to 
require documentation of the individual's disability and the medical 
necessity of the passenger traveling with the animal is understood.
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    \2\ See Glossary for definition of this and other terms.
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    Today, both the general public and people with disabilities use 
many different terms to identify animals that can meet the legal 
definition of ``service animal.'' These range from umbrella terms 
such as ``assistance animal'' to specific labels such as 
``hearing,'' ``signal,'' ``seizure alert,'' ``psychiatric service,'' 
``emotional support'' animal, etc. that describe how the animal 
assists a person with a disability.
    When Part 382 was promulgated, most service animals were guide 
or hearing dogs. Since then, a wider variety of animals (e.g., cats, 
monkeys, etc.) have been individually trained to assist people with 
disabilities. Service animals also perform a much wider variety of 
functions than ever before (e.g., alerting a person with epilepsy of 
imminent seizure onset, pulling a wheelchair, assisting persons with 
mobility impairments with balance). These developments can make it 
difficult for airline employees to distinguish service animals from 
pets, especially when a passenger does not appear to be disabled, or 
the animal has no obvious indicators that it is a service animal. 
Passengers may claim that their animals are service animals at times 
to get around airline policies that restrict the carriage of pets. 
Clear guidelines are needed to assist airline personnel and people 
with disabilities in knowing what to expect and what to do when 
these assessments are made.
    Since airlines also are obliged to provide all accommodations in 
accordance with FAA safety regulations (see section 382.3(d)), 
educated consumers help assure that airlines provide accommodations 
consistent with the carriers' safety duties and responsibilities. 
Educated consumers also assist the airline in providing them the 
services they want, including accommodations, as quickly and 
efficiently as possible.

General Requirements of Part 382

    In a nutshell, the main requirements of Part 382 regarding 
service animals are:
    [sbull] Carriers shall permit dogs and other service animals 
used by persons with disabilities to accompany the persons on a 
flight. See section 382.55(a)(1-2).
    --Carriers shall accept as evidence that an animal is a service 
animal identifiers such as identification cards, other written 
documentation, presence of harnesses, tags or the credible verbal 
assurances of a qualified individual with a disability using the 
animal.
    --Carriers shall permit a service animal to accompany a 
qualified individual with a disability in any seat in which the 
person sits, unless the animal obstructs an aisle or other area that 
must remain unobstructed in order to facilitate an emergency 
evacuation or to comply with FAA regulations.
    [sbull] If a service animal cannot be accommodated at the seat 
location of the qualified individual with a disability whom the 
animal is accompanying, the carrier shall offer the passenger the 
opportunity to move with the animal to a seat location in the same 
class of service, if present on the aircraft, where the animal can 
be accommodated, as an alternative to requiring that the animal 
travel in the cargo hold (see section 382.37(c)).
    [sbull] Carriers shall not impose charges for providing 
facilities, equipment, or services that are required by this part to 
be provided to qualified individuals with a disability (see section 
382.57).

Two Steps for Airline Personnel

    To determine whether an animal is a service animal and should be 
allowed to accompany its user in the cabin, airline personnel 
should:
    1. Establish whether the animal is a pet or a service animal, 
and whether the passenger is a qualified individual with a 
disability; and then
    2. Determine if the service animal presents either
    [sbull] a ``direct threat to the health or safety of others,'' 
or
    [sbull] a significant threat of disruption to the airline 
service in the cabin (i.e. a ``fundamental alteration'' to passenger 
service). See 382.7(c).

Service Animals

How Do I Know It's a Service Animal and Not a Pet?

    Remember: In most situations the key is TRAINING. Generally, a 
service animal is individually trained to perform functions to 
assist the passenger who is a qualified individual with a 
disability. In a few extremely limited situations, an animal such as 
a seizure alert animal may be capable of performing functions to 
assist a qualified person with a disability without individualized 
training. Also, an animal used for emotional support need not have 
specific training for that function. Similar to an animal that has 
been individually trained, the definition of a service animal 
includes: An animal that has been shown to have the innate ability 
to assist a person with a disability; or an emotional support 
animal.
    These five steps can help one determine whether an animal is a 
service animal or a pet:
    1. Obtain credible verbal assurances: Ask the passenger: ``Is 
this your pet?'' If the passenger responds that the animal is a 
service animal and not a pet, but uncertainty remains about the 
animal, appropriate follow-up questions would include:

--``What tasks or functions does your animal perform for you?'' or
--``What has it been trained to do for you?''
--``Would you describe how the animal performs this task (or 
function) for you?''

    [sbull] As noted earlier, functions include, but are not limited 
to:
    A. Helping blind or visually impaired people to safely negotiate 
their surroundings;
    B. Alerting deaf and hard-of-hearing persons to sounds;
    C. Helping people with mobility impairments to open and close 
doors, retrieve objects, transfer from one seat to another, maintain 
balance; or
    D. Alert or respond to a disability-related need or emergency 
(e.g., seizure, extreme social anxiety or panic attack).

[[Page 24876]]

    [sbull] Note that to be a service animal that can properly 
travel in the cabin, the animal need not necessarily perform a 
function for the passenger during the flight. For example, some dogs 
are trained to help pull a passenger's wheelchair or carry items 
that the passenger cannot readily carry while using his or her 
wheelchair. It would not be appropriate to deny transportation in 
the cabin to such a dog.
    [sbull] If a passenger cannot provide credible assurances that 
an animal has been individually trained or is able to perform some 
task or function to assist the passenger with his or her disability, 
the animal might not be a service animal. In this case, the airline 
personnel may require documentation (see Documentation below).
    [sbull] There may be cases in which a passenger with a 
disability has personally trained an animal to perform a specific 
function (e.g., seizure alert). Such an animal may not have been 
trained through a formal training program (e.g., a ``school'' for 
service animals). If the passenger can provide a reasonable 
explanation of how the animal was trained or how it performs the 
function for which it is being used, this can constitute a 
``credible verbal assurance'' that the animal has been trained to 
perform a function for the passenger.
    2. Look for physical indicators on the animal: Some service 
animals wear harnesses, vests, capes or backpacks. Markings on these 
items or on the animal's tags may identify it as a service animal. 
It should be noted, however, that the absence of such equipment does 
not necessarily mean the animal is not a service animal.
    3. Request documentation for service animals other than 
emotional support animals: The law allows airline personnel to ask 
for documentation as a means of verifying that the animal is a 
service animal, but DOT urges carriers not to require documentation 
as a condition for permitting an individual to travel with his or 
her service animal in the cabin unless a passenger's verbal 
assurance is not credible. In that case, the airline may require 
documentation as a condition for allowing the animal to travel in 
the cabin. The purpose of documentation is to substantiate the 
passenger's disability-related need for the animal's accompaniment, 
which the airline may require as a condition to permit the animal to 
travel in the cabin. Examples of documentation include a letter from 
a licensed professional treating the passenger's condition (e.g., 
physician, mental health professional, vocational case manager, 
etc.)
    4. Require documentation for emotional support animals: With 
respect to an animal used for emotional support (which need not have 
specific training for that function), airline personnel may require 
current documentation (i.e., not more than one year old) on 
letterhead from a mental health professional stating (1) that the 
passenger has a mental health-related disability; (2) that having 
the animal accompany the passenger is necessary to the passenger's 
mental health or treatment or to assist the passenger (with his or 
her disability); and (3) that the individual providing the 
assessment of the passenger is a licensed mental health professional 
and the passenger is under his or her professional care. Airline 
personnel may require this documentation as a condition of 
permitting the animal to accompany the passenger in the cabin. The 
purpose of this provision is to prevent abuse by passengers that do 
not have a medical need for an emotional support animal and to 
ensure that passengers who have a legitimate need for emotional 
support animals are permitted to travel with their service animals 
on the aircraft. Airlines are not permitted to require the 
documentation to specify the type of mental health disability, e.g., 
panic attacks.
    5. Observe behavior of animals: Service animals are trained to 
behave properly in public settings. For example, a properly trained 
guide dog will remain at its owner's feet. It does not run freely 
around an aircraft or an airport gate area, bark or growl repeatedly 
at other persons on the aircraft, bite or jump on people, or urinate 
or defecate in the cabin or gate area. An animal that engages in 
such disruptive behavior shows that it has not been successfully 
trained to function as a service animal in public settings. 
Therefore, airlines are not required to treat it as a service 
animal, even if the animal performs an assistive function for a 
passenger with a disability or is necessary for a passenger's 
emotional well-being.

What About Service Animals in Training?

    Part 382 requires airlines to allow service animals to accompany 
their handlers \3\ in the cabin of the aircraft, but airlines are 
not required otherwise to carry animals of any kind either in the 
cabin or in the cargo hold. Airlines are free to adopt any policy 
they choose regarding the carriage of pets and other animals 
provided that they comply with other applicable requirements (e.g., 
the Animal Welfare Act). Although ``service animals in training'' 
are not pets, the ACAA does not include them, because ``in 
training'' status indicates that they do not yet meet the legal 
definition of service animal. However, like pet policies, airline 
policies regarding service animals in training vary. Some airlines 
permit qualified trainers to bring service animals in training 
aboard an aircraft for training purposes. Trainers of service 
animals should consult with airlines, and become familiar with their 
policies.
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    \3\ Service animal users typically refer to the person who 
accompanies the animal as the ``handler.''
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What About a Service Animal That Is Not Accompanying a Qualified 
Individual With a Disability?

    When a service animal is not accompanying a passenger with a 
disability, the airline's general policies on the carriage of 
animals usually apply. Airline personnel should know their company's 
policies on pets, service animals in training, and the carriage of 
animals generally. Individuals planning to travel with a service 
animal other than their own should inquire about the applicable 
policies in advance.

Qualified Individuals With Disabilities \4\
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    \4\ See Glossary.
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How Do I Know if a Passenger Is a Qualified Individual With a 
Disability Who Is Entitled To Bring a Service Animal in the Cabin of 
the Aircraft if the Disability Is Not Readily Apparent?

    [sbull] Ask the passenger about his or her disability as it 
relates to the need for a service animal. Once the passenger 
identifies the animal as a service animal, you may ask, ``How does 
your animal assist you with your disability?'' Avoid the question 
``What is your disability?'' as this implies you are asking for a 
medical label or the cause of the disability, which is intrusive and 
inconsistent with the intent of the ACAA. Remember, Part 382 is 
intended to facilitate travel by people with disabilities by 
requiring airlines to accommodate them on an individual basis.
    [sbull] Ask the passenger whether he or she has documentation as 
a means of verifying the medical necessity of the passenger 
traveling with the animal. Keep in mind that you can ask but cannot 
require documentation as proof of service animal status UNLESS (1) a 
passenger's verbal assurance is not credible and the airline 
personnel cannot in good faith determine whether the animal is a 
service animal without documentation, or (2) a passenger indicates 
that the animal is to be used as an emotional support animal.
    [sbull] Using the questions and other factors above, you must 
decide whether it is reasonable to believe that the passenger is a 
qualified individual with a disability, and the animal is a service 
animal.

Denying a Service Animal Carriage in the Cabin

What Do I Do if I Believe That Carriage of the Animal in the Cabin of 
the Aircraft Would Inconvenience Non-Disabled Passengers?

    Part 382 requires airlines to permit qualified individuals with 
a disability to be accompanied by their service animals in the 
cabin, as long as the animals do not (1) pose a direct threat to the 
health or safety of others (e.g., animal displays threatening 
behaviors by growling, snarling, lunging at, or attempting to bite 
other persons on the aircraft) or (2) cause a significant disruption 
in cabin service (i.e., a ``fundamental alteration'' to passenger 
service). Inconvenience of other passengers is not sufficient 
grounds to deny a service animal carriage in the cabin; as indicated 
later in this document, however, airlines are not required to ask 
other passengers to relinquish space that they would normally use in 
order to accommodate a service animal (e.g., space under the seat in 
front of the non-disabled passenger).

What Do I Do if I Believe That a Passenger's Assertions About Having a 
Disability or a Service Animal Are Not Credible?

    [sbull] Ask if the passenger has documentation that satisfies 
the requirements for determining that the animal is a service animal 
(see discussion of ``Documentation'' above).
    [sbull] If the passenger has no documents, then explain to the 
passenger that the animal

[[Page 24877]]

cannot be carried in the cabin, because it does not meet the 
criteria for service animals. Explain your airline's policy on pets 
(i.e., will or will not accept for carriage in the cabin or cargo 
hold), and what procedures to follow.
    [sbull] If the passenger does not accept your explanation, avoid 
getting into an argument. Ask the passenger to wait while you 
contact your airline's complaint resolution official (CRO). Part 382 
requires all airlines to have a CRO available at each airport they 
serve during all hours of operation. The CRO may be made available 
by telephone. The CRO is a resource for resolving difficulties 
related to disability accommodation.
    [sbull] Consult with the CRO immediately, if possible. The CRO 
normally has the authority to make the final decision regarding 
carriage of service animals. In the rare instance that a service 
animal would raise a concern regarding flight safety, the CRO may 
consult with the pilot-in-command. If the pilot-in-command makes a 
decision to restrict the animal from the cabin or the flight for 
safety reasons, the CRO cannot countermand the pilot's decision. 
This does not preclude the Department from taking subsequent 
enforcement action, however, if it is determined that the pilot's 
decision was inconsistent with part 382.
    [sbull] If a passenger makes a complaint to a CRO about a past 
decision not to accept an animal as a service animal, then the CRO 
must provide a written statement to the passenger within 10 days 
explaining the reason(s) for that determination. If carrier 
personnel other than the CRO make the final decision, a written 
explanation is not required; however, because denying carriage of a 
legitimate service animal is a potential civil rights violation, it 
is recommended that carrier personnel explain to the passenger the 
reason the animal will not be accepted as a service animal. A 
recommended practice may include sending passengers whose animals 
are not accepted as service animals a letter within ten business 
days explaining the basis for such a decision.
    In considering whether a service animal should be excluded from 
the cabin, keep these things in mind:
    [sbull] Certain unusual service animals pose unavoidable safety 
and/or public health concerns and airlines are not required to 
transport them. Snakes, other reptiles, ferrets, rodents, and 
spiders certainly fall within this category of animals.
    [sbull] In all other circumstances, each situation must be 
considered individually. Do not make assumptions about how a 
particular unusual animal is likely to behave based on past 
experience with other animals. You may inquire, however, about 
whether a particular animal has been trained to behave properly in a 
public setting.
    [sbull] Before deciding to exclude the animal, you should 
consider and try available means of mitigating the problem (e.g., 
muzzling a dog that barks frequently, allowing the passenger a 
reasonable amount of time under the circumstances to correct the 
disruptive behavior, offering the passenger a different seat where 
the animal won't block the aisle.)
    If it is determined that the animal should not accompany the 
disabled passenger in the cabin at this time, offer the passenger 
alternative accommodations in accordance with part 382 and company 
policy (e.g., accept the animal for carriage in the cargo hold).

What About Unusual Service Animals?

    [sbull] As indicated above, certain unusual service animals, 
pose unavoidable safety and/or public health concerns and airlines 
are not required to transport them. Snakes, other reptiles, ferrets, 
rodents, and spiders certainly fall within this category of animals. 
The release of such an animal in the aircraft cabin could result in 
a direct threat to the health or safety of passengers and 
crewmembers. For these reasons, airlines are not required to 
transport these types of service animals in the cabin, and carriage 
in the cargo hold will be in accordance with company policies on the 
carriage of animals generally.
    [sbull] Other unusual animals such as miniature horses, pigs and 
monkeys should be evaluated on a case-by-case basis. Factors to 
consider are the animal's size, weight, state and foreign country 
restrictions, and whether or not the animal would pose a direct 
threat to the health or safety of others, or cause a fundamental 
alteration (significant disruption) in the cabin service. If none of 
these factors apply, the animal may accompany the passenger in the 
cabin. In most other situations, the animal should be carried in the 
cargo hold in accordance with company policy.

Miscellaneous Questions

What About the Passenger Who Has Two or More Service Animals?

    [sbull] A single passenger legitimately may have two or more 
service animals. In these circumstances, you should make every 
reasonable effort to accommodate them in the cabin in accordance 
with part 382 and company policies on seating. This might include 
permitting the passenger to purchase a second seat so that the 
animals can be accommodated in accordance with FAA safety 
regulations. You may offer the passenger a seat on a later flight if 
the passenger and animals cannot be accommodated together at a 
single passenger seat. Airlines may not charge passengers for 
accommodations that are required by part 382, including transporting 
service animals in the cargo compartment. If carriage in the cargo 
compartment is unavoidable, notify the destination station to return 
the service animal(s) to the passenger at the gate as soon as 
possible, or to assist the passenger as necessary to retrieve them 
in the appropriate location.

What if the Service Animal Is Too Large to Fit Under the Seat in Front 
of the Customer?

    [sbull] If the service animal does not fit in the assigned 
location, you should relocate the passenger and the service animal 
to some other place in the cabin in the same class of service where 
the animal will fit under the seat in front of the passenger and not 
create an obstruction, such as the bulkhead. If no single seat in 
the cabin will accommodate the animal and passenger without causing 
an obstruction, you may offer the option of purchasing a second 
seat, traveling on a later flight or having the service animal 
travel in the cargo hold. As indicated above, airlines may not 
charge passengers with disabilities for services required by part 
382, including transporting their oversized service animals in the 
cargo compartment.

Should Passengers Provide Advance Notice to the Airline Concerning 
Multiple or Large Service Animals?

    In most cases, airlines may not insist on advance notice or 
health certificates for service animals under the ACAA regulations. 
However, it is very useful for passengers to contact the airline 
well in advance if one or more of their service animals may need to 
be transported in the cargo compartment. The passenger will need to 
understand airline policies and should find out what type of 
documents the carrier would need to ensure the safe passage of the 
service animal in the cargo compartment and any restrictions for 
cargo travel that might apply (e.g., temperature conditions that 
limit live animal transport).

What if an Airline Employee or Another Passenger on Board Is Allergic 
or Has an Adverse Reaction to a Passenger's Service Animal?

    Passengers who state they have allergies or other animal 
aversions should be located as far away from the service animal as 
practicable. Whether or not an individual's allergies or animal 
aversions are disabilities (an issue this Guidance does not 
address), each individual's needs should be addressed to the fullest 
extent possible under the circumstances and in accordance with the 
requirements of part 382 and company policy.

Accommodating Passengers With Service Animals in the Cabin

How Can Airline Personnel Help Ensure That Passengers With Service 
Animals Are Assigned and Obtain Appropriate Seats on the Aircraft?

    [sbull] Let passengers know the airline's policy about seat 
assignments for people with disabilities. For instance: (1) Should 
the passenger request pre-boarding at the gate? or (2) should the 
passenger request an advance seat assignment (a priority seat such 
as a bulkhead seat or aisle seat) up to 24 hours before departure? 
or (3) should the passenger request an advance seat assignment at 
the gate on the day of departure? When assigning priority seats, ask 
the passenger what location best fits his/her needs.
    [sbull] Passengers generally know what kinds of seats best suit 
their service animals. In certain circumstances, passengers with 
service animals must either be provided their pre-requested priority 
seats, or if their requested seat location cannot be made available, 
they must be assigned to other available priority seats of their 
choice in the same cabin class. Part 382.38 requires airlines to 
provide a bulkhead seat or a seat other than a bulkhead seat at the 
request of an individual traveling with a service animal.
    [sbull] Passengers should comply with airline recommendations or 
requirements regarding when they should arrive at the gate before a 
flight. This may vary from airport to airport and airline to 
airline. Not all airlines

[[Page 24878]]

announce pre-boarding for passengers with special needs, although it 
may be available. If you wish to request pre-boarding, tell the 
agent at the gate.
    [sbull] Unless pre-boarding is not part of your carrier's 
business operation, a timely request for pre-boarding by a passenger 
with a disability should be honored (382.38 (d)).
    [sbull] Part 382 does not require carriers to make modifications 
that would constitute an undue burden or would fundamentally alter 
their programs (382.7 (c)). Therefore, the following are not 
required in providing accommodations for users of service animals 
and are examples of what might realistically be viewed as creating 
an undue burden:

-- Asking another passenger to give up the space in front of his or 
her seat to accommodate a service animal;
-- Denying transportation to any individual on a flight in order to 
provide an accommodation to a passenger with a service animal;
-- Furnishing more than one seat per ticket; and
-- Providing a seat in a class of service other than the one the 
passenger has purchased.

Are Airline Personnel Responsible for the Care and Feeding of Service 
Animals?

    Airline personnel are not required to provide care, food, or 
special facilities for service animals. The care and supervision of 
a service animal is solely the responsibility of the passenger with 
a disability whom the animal is accompanying.

May an Air Carrier Charge a Maintenance or Cleaning Fee to Passengers 
Who Travel With Service Animals?

    Part 382 prohibits air carriers from imposing special charges 
for accommodations required by the regulation, such as carriage of a 
service animal. However, an air carrier may charge passengers with a 
disability if a service animal causes damage, as long as it is its 
regular practice to charge non-disabled passengers for similar kinds 
of damage. For example, it could charge a passenger with a 
disability for the cost of repairing or cleaning a seat damaged by a 
service animal, assuming that it is its policy to charge when a non-
disabled passenger or his or her pet causes similar damage.

Advice for Passengers With Service Animals

    [sbull] Ask about the airline's policy on advance seat 
assignments for people with disabilities. For instance: (1) Should a 
passenger request pre-boarding at the gate? or (2) should a 
passenger request an advance seat assignment (a priority seat such 
as a (bulkhead seat or aisle seat)) up to 24 hours before departure? 
or (3) should a passenger request an advance seat assignment at the 
gate on the day of departure?
    [sbull] Although airlines are not permitted to automatically 
require documentation for service animals other than emotional 
support animals, if you think it would help you explain the need for 
a service animal, you may want to carry documentation from your 
physician or other licensed professional confirming your need for 
the service animal. Passengers with unusual service animals also may 
want to carry documentation confirming that their animal has been 
trained to perform a function or task for them.
    [sbull] If you need a specific seat assignment for yourself and 
your service animal, make your reservation as far in advance as you 
can, and identify your need at that time.
    [sbull] You may have to be flexible if your assigned seat 
unexpectedly turns out to be in an emergency exit row. When an 
aircraft is changed at the last minute, seating may be reassigned 
automatically. Automatic systems generally do not recognize special 
needs, and may make inappropriate seat assignments. In that case, 
you may be required by FAA regulations to move to another seat.
    [sbull] Arrive at the gate when instructed by the airline, 
typically at least one hour before departure, and ask the gate agent 
for pre-boarding--if that is your desire.
    [sbull] Remember that your assigned seat may be reassigned if 
you fail to check in on time; airlines typically release seat 
assignments not claimed 30 minutes before scheduled departure. In 
addition, if you fail to check in on time you may not be able to 
take advantage of the airline's pre-board offer.
    [sbull] If you have a very large service animal or multiple 
animals that might need to be transported in the cargo compartment, 
contact the airline well in advance of your travel date. In most 
cases, airlines cannot insist on advance notice or health 
certificates for service animals under the ACAA regulations. 
However, it is very useful for passengers to contact the airline 
well in advance if one or more of their service animals may need to 
be transported in the cargo compartment. The passenger will need to 
understand airline policies and should find out what type of 
documents the carrier would need to ensure the safe passage of the 
service animal in the cargo compartment and any restrictions for 
cargo travel that might apply (e.g., temperature conditions that 
limit live animal transport).
    [sbull] If you are having difficulty receiving an appropriate 
accommodation, ask the airline employee to contact the airline's 
complaint resolution official (CRO). Part 382 requires all airlines 
to have a CRO available during all hours of operation. The CRO is a 
resource for resolving difficulties related to disability 
accommodations.
    [sbull] Another resource for resolving issues related to 
disability accommodations is the U.S. Department of Transportation's 
aviation consumer disability hotline. The toll-free number is 1-800-
778-4838 (voice) and 1-800-455-9880 (TTY).

Glossary

Direct Threat to the Health or Safety of Others

    A significant risk to the health or safety of others that cannot 
be eliminated by a modification of policies, practices, or 
procedures, or by the provision of auxiliary aids or services.

Fundamental Alteration

    A modification that substantially alters the basic nature or 
purpose of a program, service, product or activity.

Individual With a Disability

    ``Any individual who has a physical or mental impairment that, 
on a permanent or temporary basis, substantially limits one or more 
major life activities, has a record of such an impairment, or is 
regarded as having such an impairment.'' (Section 382.5).

Qualified Individual With a Disability

    Any individual with a disability who:
    (1) ``Takes those actions necessary to avail himself or herself 
of facilities or services offered by an air carrier to the general 
public with respect to accompanying or meeting a traveler, use of 
ground transportation, using terminal facilities, or obtaining 
information about schedules, fares or policies'';
    (2) ``Offers, or makes a good faith attempt to offer, to 
purchase or otherwise validly to obtain * * * a ticket'' ``for air 
transportation on an air carrier''; or
    (3) ``Purchases or possesses a valid ticket for air 
transportation on an air carrier and presents himself or herself at 
the airport for the purpose of traveling on the flight for which the 
ticket has been purchased or obtained; and meets reasonable, 
nondiscriminatory contract of carriage requirements applicable to 
all passengers.'' (Section 382.5).

Service Animal

    Any animal that is individually trained or able to provide 
assistance to a qualified person with a disability; or any animal 
shown by documentation to be necessary for the emotional well being 
of a passenger.

Sources

    See: 14 CFR 382.5, 14 CFR 382.37(a) and (c), 14 CFR 382.38 (a)(3), 
(b), (d) & (h)-(j), 14 CFR 382.55(a)(1)-(3), 14 CFR 382.57, ``Guidance 
Concerning Service Animals in Air Transportation,'' (61 FR 56420-56422, 
(November 1, 1996)), ``Commonly Asked Questions About Service Animals 
in Places of Business'' (Department of Justice, July 1996), and ``ADA 
Business Brief: Service Animals'' (Department of Justice, April 2002).

    Issued in Washington, DC, on May 2, 2003.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings.
[FR Doc. 03-11452 Filed 5-8-03; 8:45 am]
BILLING CODE 4910-62-P