[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Notices]
[Pages 33443-33451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08820]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket ID Number: DOT-OST-2018-0068]


Notice of Submission of Proposed Information Collection to OMB; 
Agency Request for Reinstatement of Previously Approved Collections: 
Traveling by Air With Service Animals--U.S. Department of 
Transportation Service Animal Air Transportation Form and U.S. 
Department of Transportation Service Animal Relief Attestation Form

AGENCY: Office of the Secretary (OST), Department of Transportation 
(Department or DOT).

ACTION: Notice of submission to the Office of Management and Budget 
(OMB) and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and DOT 
Order 1351.29A, this notice confirms the Department's intention to 
renew Office of Management and Budget (OMB) Control Number 2105-0576, 
concerning Traveling by Air with Service Animals--U.S. Department of 
Transportation Service Animal Air Transportation Form, and U.S. 
Department of Transportation Service Animal Relief Attestation Form.

DATES: Written comments on this notice must be received by May 29, 
2024.

ADDRESSES: You may file comments regarding the burden estimate, 
including suggestions for reducing the burden, in docket number DOT-
OST-2018-0068 by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting 
comments. (You may access comments received for this notice at https://www.regulations.gov by searching docket DOT-OST-2018-0068.)
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590;
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Ave. SE, Washington, DC 20590 between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    Instructions: You must include the agency name and docket number 
DOT-OST-2010-0054 at the beginning of your comment. All comments 
received will be posted without change to https://www.regulations.gov, 
including any personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received in any of DOT's dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Maegan Johnson or Livaughn Chapman, 
Jr., Office of Aviation Consumer Protection, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, 
telephone number (202) 366-9342 (voice), (202) 366-7152 (fax); 
[email protected] or [email protected] (email). 
Arrangements to receive this document in an alternative format may be 
made by contacting the above-named individuals.

SUPPLEMENTARY INFORMATION: DOT published a Federal Register notice with 
a 60-day comment period soliciting comments on the information 
collections on November 13, 2023 (88 FR 77667). DOT received 149 
comments on the 60-day notice, which are addressed below. The 
Department proposed to amend the U.S. Department of Transportation 
Service Animal Air Transportation Form by decreasing the number of 
questions on the form to reduce burdens on individuals with 
disabilities, including instructions to clarify how to complete the 
form, and making other clarifying and formatting changes to the form 
that will allow individuals to better navigate the form.
    OMB Control Number: 2105-0576.
    Title: Traveling by Air with Service Animals.
    Type of Request: Reinstatement of information collections.
    Background: The U.S. Department of Transportation (Department or 
DOT) published a final rule to amend the Department's Air Carrier 
Access Act (ACAA) regulation on the transport of service animals by air 
in the Federal Register on December 10, 2020 (85 FR 79742). Under 14 
CFR 382.75, airlines are permitted to require passengers traveling with 
service animals to submit and provide to airlines, as a condition of 
travel, a U.S. Department of Transportation Service Animal Air 
Transportation Form (``Behavior and Health Attestation Form''), and, if 
applicable, a U.S. Department of Transportation Service Animal Relief 
Attestation Form (``Relief Attestation Form''). The Behavior and Health 
Attestation Form is designed to provide

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assurances to airlines that a service animal does not pose a direct 
threat to the health and safety of passengers, crew, and others during 
air transportation by requiring passengers to attest that their service 
animal is currently vaccinated against rabies, has been trained to 
behave in a public setting, and that the animal has not behaved 
aggressively or caused serious injury to another person or animal. The 
form is also designed to educate passengers traveling with service 
animals on how service animals in air transportation are expected to 
behave and to inform passengers traveling with service animals of the 
consequences of service animal misbehavior. The Relief Attestation Form 
may only be required by the airlines when a passenger is traveling with 
a service animal on a flight segment scheduled to take 8 hours or more. 
The purpose of this form is to provide assurances to the airlines that 
the service animal will not need to relieve itself on the flight or 
that the animal can relieve itself in a way that does not create a 
health or sanitation issue. The form is also designed to educate 
passengers of the consequences should a service animal relieve itself 
on the aircraft in an unsanitary way.
    The Behavior and Health Attestation Form and the Relief Attestation 
Form are the only forms that airlines are permitted to require from 
passengers traveling with service animals as a condition of transport, 
except in rare circumstances when additional documentation may be 
necessary to comply with animal transport requirements issued by a 
Federal agency, a U.S. territory, or a foreign jurisdiction.
    The Paperwork Reduction Act of 1995 and its implementing 
regulations, 5 Code of Federal Regulations CFR) part 1320, require 
Federal agencies to issue two notices seeking public comment on 
information collection activities before OMB may approve paperwork 
packages. On November 13, 2023, DOT published a 60-day notice in the 
Federal Register soliciting comment on the information collections, the 
Behavior and Health Attestation Form and Relief Attestation form, for 
which the agency seeks approval. See 85 FR 79742.
    In its 60-day notice, the Department sought comment on an amended 
version of its original Behavior and Health Attestation Form that was 
published in DOT's final service animal rule in December of 2020. The 
amended form included formatting and clarifying amendments to the form 
that were intended to make the form easier for individuals with 
disabilities to navigate and complete. In addition to seeking comment 
on amendments to the form, the Department also sought comment on 
whether the information collections were necessary for the proper 
performance of the functions of the Department; the accuracy of the 
Department's estimated burden hours; ways to enhance the quality, 
utility and clarity of the information collected; and ways to minimize 
the burden of the collections on respondents. DOT received 149 comments 
in response to its 60-day notice; most of the comments received, 
approximately 120, were from individual commenters, while the remaining 
comments were received from disability advocacy organizations, two 
airlines trade organizations, and an airline contractor.
    The majority of individual commenters stated that the DOT service 
animal forms were burdensome for passengers with disabilities to 
complete because there were too many questions on the form. Individual 
commenters also noted that each airline has a different method of 
collecting the forms, which makes it difficult for individuals with 
disabilities to both complete the forms and submit the forms to 
airlines. Individual commenters also stated that some airlines post the 
forms on their websites in formats that are not accessible for 
individuals with disabilities, especially individuals who are blind. 
Many individual commenters requested that the Department disallow 
airlines from collecting the forms altogether, or, alternatively, 
substantially decrease the number or questions on the form.
    Commenters representing disability advocacy organizations shared 
many of the same concerns about the burdensome nature of the form 
expressed by individual commenters. Disability advocates representing 
individuals who are blind commented that airlines are not required to 
assist blind passengers with completing the form and that many blind 
passengers cannot complete the form independently and must seek the 
assistance of a sighted person to both complete and submit the form to 
airlines. Disability advocates also commented that it takes longer than 
the 15 minutes time period estimated by DOT for individuals with 
disabilities to complete the form because of the inaccessibility of the 
form on airline websites and the number of questions on the form. These 
commenters did not provide a suggested estimate for the amount of time 
it takes individuals with disabilities to complete the form.
    Some of the disability advocacy organizations commented that they 
oppose airlines using third-party contractors to process the service 
animal forms and noted that airline staff should be trained on DOT's 
rules for processing the forms. Several advocacy organizations also 
encouraged DOT to state on the form that airlines must assist 
individuals with disabilities with completing the form, that the form 
should only require passengers to affirm that a service animal has been 
vaccinated instead of requiring the passengers to indicate the animal's 
vaccination dates, and that airlines should not be permitted to contact 
service animal trainers to verify that the animal has been trained. One 
advocacy organization also urged DOT to replace the term ``service 
animal user'' with ``service animal handler'' since ``service animal 
handler'' is a defined term in DOT's ACAA regulations that refers to 
either an individual with a disability traveling with the service 
animal, or a third party responsible for controlling the animal who is 
traveling with the passenger with a disability and service animal.
    Some disability advocates were pleased with the some of the 
formatting and clarifying changes made by DOT to the amended form 
published in DOT's 60-day notice. Specifically, some commenters stated 
that they were glad to see that DOT clarified on the form that a 
service animal user may insert his or her own name and contact 
information if they train their own service animal. They were also glad 
to see that DOT eliminated some of the fields on the form, and that DOT 
added and amended section titles on the form.
    Airline trade organizations and an airline contractor submitted 
comments recommending that DOT make additional clarifying changes to 
the form that exceed the amendments in DOT's 60-day notice. For 
instance, these commenters suggested that DOT include a uniform date 
format on the form, define some of the terms used in the form, attach 
form instructions, remove the field that requires the passenger to 
provide the date of the service animal's last vaccination, and clarify 
that an animal may be refused transport if it shows that it has not 
been trained to behave in public. These organizations also urged DOT to 
reinstate the ``service animal handler'' field on the form and 
commented that the form should require passengers to provide the 
service animal's weight, color, and species (or breed), require 
passengers to list the animal's work or task, and that DOT should 
strengthen the Federal crime warning for making fraudulent statements 
on the top of the form by including language clarifying that providing 
false, fictitious or fraudulent

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statements on the form is a felony that is subject to a maximum civil 
penalty of $250,000.
    Airline trade organizations provided data from five airlines on the 
number of service animal forms that were collected from these airlines 
from July 2022 to June 2023, and urged the Department to use those data 
to update its calculation on the estimated total annual burden of the 
information collection.
    To address these comments, DOT refined the section titles on its 
U.S. Department of Transportation Service Animal Air Transportation 
Form to more accurately reflect the content of each section of the form 
and removed and combined certain questions on the form to reduce the 
number of check boxes, from ten check boxes to seven, and the number of 
fields that passengers are required to complete on the form. 
Specifically, in the first section of the form that requires the 
service animal handler to provide his or her contact information, DOT 
decreased the number of fields in this section, but added a check box 
that requires the handler to attest that the animal is required to 
assist with a disability. In the second section of the form, the 
Service Animal Identification and Health Information section, the 
handler is required to make a single attestation that the animal does 
not have fleas or a disease, and that the animal has been vaccinated 
for rabies. In the third and fourth sections of the form, the handler 
is required to make four individual attestations concerning the 
animal's task and behavior training and complete information on the 
animal's trainer. Finally, the last section requires the handler to 
check a single box to attest to three additional assurances in order to 
transport the service animal.
    DOT also reinstated the ``service animal handler's'' field since 
the term ``service animal handler'' is defined in the Department's 
rules, and eliminated the service animal user's name field, since 
``service animal user'' is not a term that is defined in the 
Department's rules. DOT also clarified on the form that the animal's 
description must include the animal's color, and that an airline may 
deny transportation to an animal if the animal shows that it has not 
been trained to behave in public. Finally, in response to comments 
received from both airline trade organizations and disability 
advocates, DOT also developed and included in the form specific 
instructions for completing the Behavior and Health Attestation Form. 
In these instructions, DOT defines certain terms used within the form 
(i.e., service animal and service animal handler), makes clear that the 
form should be submitted to the airline and not to DOT, describes how 
passengers can obtain assistance with completing the form, and provides 
other instructions for completing the form. Additionally, DOT has used 
data from both airline trade organizations and disability advocates to 
update its annual burden calculation for the form.
    DOT is aware that some of the recommendations from the commenters 
have not been implemented in the amended Behavior and Health 
Attestation Form published in this notice. However, as stated in the 
60-day notice, the Department's next Air Carrier Access Act Advisory 
Committee will consider whether substantive changes to the Behavior and 
Health attestation form are necessary, such as whether to include a 
question asking passengers to state the task or work their service 
animal performs, whether to further reduce the number of attestation 
check-boxes on the form, and whether to amend the warning language at 
the top of the form.
    Copies of the revised form and accompanying instructions reflecting 
the changes are included in this notice.
    Accordingly, the Department announces that these information 
collection activities have been re-evaluated and certified under 5 CFR. 
1320.5(a) and forwarded to OMB for review and approval pursuant to 5 
CFR 1320.12(c). Before OMB decides whether to approve these proposed 
collections of information, it must provide 30 days for public comment. 
44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to 
approve or disapprove paperwork packages between 30 and 60 days after 
the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 
1320.12(d); see also 60 FR 44978, 44983 (Aug. 29, 1995). The 30-day 
notice informs the regulated community to file relevant comments to OMB 
and affords the Agency adequate time to review and respond to public 
comments before rendering a decision. See 60 FR 44983 (Aug. 29, 1995). 
Therefore, respondents should submit any comments to OMB within 30 days 
of publication to best ensure their full consideration. 5 CFR 
1320.12(c); see also 60 FR 44983 (Aug. 29, 1995).
    This notice addresses the information collection requirements set 
forth in the Department's regulation 14 CFR 382.75, which allows 
airlines to require passengers traveling with service animals to 
provide the airline with the two forms of documentation developed by 
the Department as a condition of travel. The renewed OMB control number 
will be applicable to all the provisions set forth in this notice.
    As noted above, the Paperwork Reduction Act of 1995 (PRA) and its 
implementing regulations, 5 CFR part 1320, require Federal agencies to 
issue two notices seeking public comment on information collection 
activities before OMB may approve paperwork packages. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless it is approved by OMB under the PRA and displays a 
currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
monetary penalty for failing to comply with a collection of information 
if the collection of information does not display a valid OMB Control 
Number. See 5 CFR 1320.5(a) and 1320.6.
    For each of these information collections, the title, a description 
of the respondents, and an estimate of the annual recordkeeping and 
periodic reporting burden are set forth below.
    1. Requirement to prepare and submit to airlines the DOT Air 
Transportation Service Animal Behavior and Health Attestation Form 
(Behavior and Health Attestation Form).
    Respondents: Passengers with disabilities traveling on aircraft 
with service animals.
    Number of Respondents: The Department estimates that 639,709 
respondents will complete the Service Animal Health and Attestation 
form. This estimate was calculated by using data provided from Airlines 
for America (A4A) on the number of Behavior and Health Attestation 
Forms collected by five of its member airlines between July 1, 2022, 
through June 30, 2023, and passenger trip data as represented in the 
origination and destination (O&D) data,\1\ collected by DOT from 
airlines during this same time period.
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    \1\ According to DOT's Bureau of Transportation Statistics 
(BTS), the Airline Origin and Destination Survey is a 10% sample of 
airline tickets from reporting carriers collected by the Office of 
Airline Information of the BTS. Data include origin, destination and 
other itinerary details of passengers transported. This database is 
used to determine air traffic patterns, air carrier market shares 
and passenger flows. https://www.transtats.bts.gov/DatabaseInfo.asp?QO_VQ=EFI&Yv0x=D.
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    According to A4A, five of its member airlines received 319,057 
Behavior and Health Attestation Forms between July 1, 2022, through 
June 30, 2023.\2\ The number of trips reported for these five airlines 
for this same time period was 352,265,055. DOT only permits airlines to 
collect its Behavior and Health

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Attestation Form from passengers no more than once per trip, or once 
for every one-way flight or once per round-trip flight, although some 
airlines that receive permission to store a passenger's Form may 
collect the form less than once per trip. As such, the estimated number 
of trips for the purposes of estimating the number of forms collected 
is 176,132,528 (352,265,055 trips divided by 2). Based on these 
figures, the rate of Behavior and Health Attestation Forms received by 
airlines is .00181 (319,057 forms divided by 176,132,528 trips), or 
1.81 forms received by airlines per 1,000 for each trip.
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    \2\ Comment from Airlines for America, https://www.regulations.gov/comment/DOT-OST-2018-0068-32515.
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    According to BTS data, U.S. and foreign airlines reported a total 
of 706,861,040 O&D trips between July 1, 2022, through June 30, 2023. 
Using the rate of .00181 or 1.81 forms received by airlines per 1,000 
for each trip, we estimate that 639,709 forms (706,861,040 total trips, 
divided by 2, and multiplied by .00181 rate of forms received by 
airlines) were submitted to airlines between July 1, 2022, through June 
30, 2023. Assuming that one passenger traveling with a service animal 
represents each form, DOT estimates that 639,709 passengers will have 
submitted service animal forms between July 1, 2022, through June 30, 
2023.
    Estimated Total Annual Burden on Respondents: We estimate that 
completing the Behavior and Health Attestation Form would require 20 
minutes (.333 hours) per response, including the time it takes to 
retrieve an electronic or paper version of the form from the airline's 
website, reviewing the instructions, and completing the questions. The 
Department previously estimated that it took passengers 15 minutes to 
complete its Behavior and Health Attestation Form, but a number of 
individuals commented that it took more than 15 minutes to complete the 
form, although none of the commenters stated the amount of time it 
takes to complete the form.
    Based on this estimate, passengers would spend a total of 213,023 
hours annually (0.333 hours x 639,709 forms) to retrieve and complete 
an accessible version of the form. Passengers would fill out the forms 
on their own time without pay. To estimate the value of this 
uncompensated activity, we use median wage data from the Bureau of 
Labor Statistics.\3\ We use a post-tax wage estimate of $18.48 ($22.26 
median for all occupations minus a 17% percent estimated tax rate). The 
estimated annual value of this time is $3,936,668 ($18.48 x 213,023 
hours).\4\
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    \3\ For a discussion of estimating the value of uncompensated 
activities, see ``Valuing Time in U.S. Department of Health and 
Human Services Regulatory Impact Analyses: Conceptual Framework and 
Best Practices'' from the Department of Health and Human Services, 
available at https://aspe.hhs.gov/system/files/pdf/257746/VOT.pdf.
    \4\ Bureau of Labor Statistics (2022). ``May 2022 National 
Occupational Employment and Wage Estimates: United States.'' May 
2022 National Occupational Employment and Wage Estimates (bls.gov).
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    2. Requirement to prepare and submit to airlines the DOT Service 
Animal Relief Attestation Form.
    Respondents: Passengers with disabilities traveling on aircraft 
with service animals on flight segments scheduled to take 8 hours or 
more.
    Number of Respondents: The Department estimates that 5 percent of 
the Behavior and Health Attestation Form would be collected for round 
trip flights scheduled to take 8 hours or more and would also have to 
complete the Relief Attestation Form, for a total of 31,985 forms 
(639,709 forms x 0.05).
    Estimated Total Annual Burden on Respondents: We estimate that 
completing the form would require 15 minutes (.25 hours) per response, 
including the time it takes to retrieve an electronic or paper version 
of the form from the airline's website, reviewing the instructions, and 
completing the questions. Passengers would spend a total of 7,996 hours 
annually (0.25 hours x 31,985 forms) to retrieve an accessible version 
of the form and complete the form. Passengers would fill out the forms 
on their own time without pay, as they would with the Animal Behavior 
and Health Attestation Form. The estimated annual value of this time is 
$147,770 ($18.48 x 7,996 hours).

Comments Invited

    We invite comments on the Relief Attestation Form renewal and on 
the formatting and clarity amendments made to the Behavior and Health 
Attestation Form. We also invite comments on: (a) whether the 
collection of information is necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; (b) the accuracy of the Department's estimate 
of the burden of the proposed information collection; (c) ways to 
enhance the quality, utility and clarity of the information to be 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record on the docket.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 
35, as amended; and 59 CFR 1.48.
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    Issued in Washington, DC.
Livaughn Chapman Jr.,
Deputy Assistant General Counsel, Office of Aviation Consumer 
Protection.
[FR Doc. 2024-08820 Filed 4-26-24; 8:45 am]
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