Regulatory Alert: DOT Releases Proposed Changes to Service Animal Regulations
January 22, 2020
Today the U.S. Department of Transportation (DOT) released proposed changes to the regulations governing the transportation of service animals in aircraft. Most significantly, DOT is proposing to narrow the definition of service animal to include only dogs that have been trained to do work or perform tasks for the benefit of the individual with disability. This would limit the types of animals that have historically qualified under the definition. Air carriers would also no longer be required to recognize emotional support animals as service animals. While the proposal only addresses in-aircraft service animal issues, increasing the ability for airlines to address public safety and service animal issues is expected to positively impact airports as well.
AAAE and the airport community have previously supported many of the DOT's proposed changes, particularly narrowing the definition of service animal to dogs and excluding emotional support animals, and certainly welcome this rulemaking proposal. AAAE has received feedback from members of increased incidents where animals, who did not appear to have the necessary service animal training, behaved improperly and became increasingly aggressive with other passengers in the terminal. AAAE will be soliciting feedback from members in the coming weeks ahead in order to provide input to the department.
You can view the full DOT notice of proposed rulemaking (NPRM) here.
Background. In July 2018, AAAE submitted comments to DOT in response to an advance notice of proposed rulemaking (ANPRM) which solicited feedback from stakeholders on how to improve DOT's Air Carrier Access Act (ACAA) service animal regulations. The ACAA, which governs air carrier transportation of service animals accompanying individuals with disabilities, is the underlying statute prohibiting air carriers from discriminating on the basis of disability. The U.S. Department of Justice's (DOJ) regulations under the Americans with Disabilities Act, which apply to airports, have not been within the scope of DOT's rulemaking proposals.
While recognizing the vital role that service animals play in assisting individuals with disabilities, AAAE's comments, which can be viewed here, included specific recommendations on how the DOT could provide airports and airlines with the necessary tools to mitigate potential abuse of service animal use and ensure the safety of passengers and other animals in the airport environment. Comments submitted by AAAE and other stakeholders in response to the ANPRM were used by DOT to develop the NPRM released today.
In August 2019, DOT published a final statement on its enforcement priorities regarding existing service animal regulations under the ACAA. The statement outlined in greater transparency how DOT intends to enforce existing regulations surrounding the airlines' policies on service animals, including areas such as proof and documentation requirements, service animal containment issues, advance notice/check-in, and weight and age restrictions. The statement was intended to provide airlines with more flexibility to mitigate cases of fraud and abuse, particularly before DOT could finalize any formal regulatory changes through the rulemaking process. You can review AAAE's summary of the final statement here.
Highlights from DOT's Proposed Rule. In the NPRM, DOT is proposing a series of changes to the regulations governing service animals and air carriers. Arguably the biggest change is narrowing the definition of service animal to include only dogs that have been individually trained to do work or perform tasks for the benefit of a qualified individual with a disability. This would bring DOT's ACAA regulations more in line with the DOJ regulations that are applicable to airports, a point that AAAE strongly emphasized in its July 2018 comments.
In addition, DOT's proposal would provide airlines with greater flexibility to reduce cases of service animal abuse and fraud by:
Today the U.S. Department of Transportation (DOT) released proposed changes to the regulations governing the transportation of service animals in aircraft. Most significantly, DOT is proposing to narrow the definition of service animal to include only dogs that have been trained to do work or perform tasks for the benefit of the individual with disability. This would limit the types of animals that have historically qualified under the definition. Air carriers would also no longer be required to recognize emotional support animals as service animals. While the proposal only addresses in-aircraft service animal issues, increasing the ability for airlines to address public safety and service animal issues is expected to positively impact airports as well.
AAAE and the airport community have previously supported many of the DOT's proposed changes, particularly narrowing the definition of service animal to dogs and excluding emotional support animals, and certainly welcome this rulemaking proposal. AAAE has received feedback from members of increased incidents where animals, who did not appear to have the necessary service animal training, behaved improperly and became increasingly aggressive with other passengers in the terminal. AAAE will be soliciting feedback from members in the coming weeks ahead in order to provide input to the department.
You can view the full DOT notice of proposed rulemaking (NPRM) here.
Background. In July 2018, AAAE submitted comments to DOT in response to an advance notice of proposed rulemaking (ANPRM) which solicited feedback from stakeholders on how to improve DOT's Air Carrier Access Act (ACAA) service animal regulations. The ACAA, which governs air carrier transportation of service animals accompanying individuals with disabilities, is the underlying statute prohibiting air carriers from discriminating on the basis of disability. The U.S. Department of Justice's (DOJ) regulations under the Americans with Disabilities Act, which apply to airports, have not been within the scope of DOT's rulemaking proposals.
While recognizing the vital role that service animals play in assisting individuals with disabilities, AAAE's comments, which can be viewed here, included specific recommendations on how the DOT could provide airports and airlines with the necessary tools to mitigate potential abuse of service animal use and ensure the safety of passengers and other animals in the airport environment. Comments submitted by AAAE and other stakeholders in response to the ANPRM were used by DOT to develop the NPRM released today.
In August 2019, DOT published a final statement on its enforcement priorities regarding existing service animal regulations under the ACAA. The statement outlined in greater transparency how DOT intends to enforce existing regulations surrounding the airlines' policies on service animals, including areas such as proof and documentation requirements, service animal containment issues, advance notice/check-in, and weight and age restrictions. The statement was intended to provide airlines with more flexibility to mitigate cases of fraud and abuse, particularly before DOT could finalize any formal regulatory changes through the rulemaking process. You can review AAAE's summary of the final statement here.
Highlights from DOT's Proposed Rule. In the NPRM, DOT is proposing a series of changes to the regulations governing service animals and air carriers. Arguably the biggest change is narrowing the definition of service animal to include only dogs that have been individually trained to do work or perform tasks for the benefit of a qualified individual with a disability. This would bring DOT's ACAA regulations more in line with the DOJ regulations that are applicable to airports, a point that AAAE strongly emphasized in its July 2018 comments.
In addition, DOT's proposal would provide airlines with greater flexibility to reduce cases of service animal abuse and fraud by:
- Excluding emotional support animals, comfort animals, and companion animals from the definition of service animal;
- Permitting carriers to require passengers to remit a completed DOT "Service Animal Air Transportation Health Form" and/or "Service Animal Transportation Behavior and Training Attestation Form" as a condition of transportation;
- Permitting carriers to require passengers to remit a completed DOT "Service Animal Relief Attestation" as a condition of transportation for flights of eight hours or more;
- Allowing carriers to limit each person with a disability to no more than two service animals;
- Allowing carriers to require that any service animal fit on their handler's lap and/or within their handler's foot space on the aircraft; and
- Allowing carriers to require that any service animal be harnessed, leashed, tethered, or otherwise under the control of its handler.
In a call today with industry stakeholders, including AAAE, DOT emphasized that by reducing cases of service animal fraud and abuse, the department can better protect access to air transportation for individuals with disabilities, which is one of the department's primary goals with the NPRM and the underlying purpose of the ACAA.
Next Steps: Comments. DOT's proposed rule has not been published in the Federal Register. That is expected to occur within the next week. Once published, AAAE, industry stakeholders, and the public will have 60 days to provide the department with input on the proposed changes. AAAE will be soliciting input from members to ensure we communicate the airport community's perspectives on the NPRM.
If you would like to provide feedback or have any questions, please contact Justin Barkowski at justin.barkowski@aaae.org.
