Regulatory Alert: AAAE Submits Comments on DOT's Service Animal NPRM
April 6, 2020
Today AAAE submitted comments on the U.S. Department of Transportation's (DOT) proposed rule to amend and improve the regulations that govern air carrier transportation of service animals accompanying individuals with disabilities. On February 5, DOT published a notice of proposed rulemaking (NPRM) that would 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 a 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.
In its response, AAAE provided support for many of DOT's proposed changes, including better aligning DOT's Air Carrier Access Act (ACAA) regulations, which apply to air carriers, with the U.S. Department of Justice's (DOJ) Americans with Disabilities Act (ADA) regulations, which apply to terminal areas owned and controlled by airport operators. AAAE emphasized that improved consistency between these regulations would increase the safety of the traveling public, mitigate increased cases of fraud and abuse in the use of service animals, reduce passenger confusion, and provide airports with more flexibility to manage the safety of passengers traversing the airport terminal areas.
You can read AAAE's comments to DOT here.
Background. In July 2018, AAAE submitted comments to DOT in response to an advance notice of proposed rulemaking (ANPRM) that solicited feedback from stakeholders on how to improve DOT's 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. DOJ's ADA regulations, which apply to airports, have not been within the scope of DOT's rulemaking proposals. Comments submitted by AAAE and other stakeholders in response to the ANPRM were used by DOT to develop the NPRM released in February.
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 and service animal containment issues. The statement was intended to provide airlines with more flexibility to mitigate cases of fraud and abuse, particularly before DOT could finalize formal changes through the rulemaking process. You can review AAAE's summary of the final statement here.
Summary of AAAE's Response. AAAE was generally pleased and supportive of the changes included in DOT's proposed rule. These changes reflected comments and input that AAAE provided in 2018 during the ANPRM phase. AAAE agreed with the proposed change to narrow the definition of service animal to include only dogs that are individually trained to do work or perform tasks for the benefit of an individual with a disability. This would also mean that emotional service animals are excluded from the definition, bringing it more in line with DOJ's ADA regulations. AAAE also expressed support for:
Today AAAE submitted comments on the U.S. Department of Transportation's (DOT) proposed rule to amend and improve the regulations that govern air carrier transportation of service animals accompanying individuals with disabilities. On February 5, DOT published a notice of proposed rulemaking (NPRM) that would 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 a 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.
In its response, AAAE provided support for many of DOT's proposed changes, including better aligning DOT's Air Carrier Access Act (ACAA) regulations, which apply to air carriers, with the U.S. Department of Justice's (DOJ) Americans with Disabilities Act (ADA) regulations, which apply to terminal areas owned and controlled by airport operators. AAAE emphasized that improved consistency between these regulations would increase the safety of the traveling public, mitigate increased cases of fraud and abuse in the use of service animals, reduce passenger confusion, and provide airports with more flexibility to manage the safety of passengers traversing the airport terminal areas.
You can read AAAE's comments to DOT here.
Background. In July 2018, AAAE submitted comments to DOT in response to an advance notice of proposed rulemaking (ANPRM) that solicited feedback from stakeholders on how to improve DOT's 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. DOJ's ADA regulations, which apply to airports, have not been within the scope of DOT's rulemaking proposals. Comments submitted by AAAE and other stakeholders in response to the ANPRM were used by DOT to develop the NPRM released in February.
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 and service animal containment issues. The statement was intended to provide airlines with more flexibility to mitigate cases of fraud and abuse, particularly before DOT could finalize formal changes through the rulemaking process. You can review AAAE's summary of the final statement here.
Summary of AAAE's Response. AAAE was generally pleased and supportive of the changes included in DOT's proposed rule. These changes reflected comments and input that AAAE provided in 2018 during the ANPRM phase. AAAE agreed with the proposed change to narrow the definition of service animal to include only dogs that are individually trained to do work or perform tasks for the benefit of an individual with a disability. This would also mean that emotional service animals are excluded from the definition, bringing it more in line with DOJ's ADA regulations. AAAE also expressed support for:
- Requiring service animals to be harnessed, leashed, tethered, or otherwise under the control of their handler;
- Imposing reasonable restrictions on the number of service animals that may accompany individuals with disabilities;
- Allowing airlines to require passengers to certify that the service animal has received appropriate training, including training to behave well in a public setting; and
- Allowing airlines to require the animal's veterinarian to certify that the animal has received a rabies vaccination; has not exhibited aggressive behavior or caused serious injury; and appears free of other pests and/or diseases.
Next Steps. DOT has received over 5,800 comments from the public and will need to thoroughly review and adjudicate the feedback the department received before publishing a final rule. Under section 437 of the FAA Reauthorization Act of 2018, Congress directed DOT to conduct a rulemaking proceeding on the issue of service animals. Thus, DOT is expected to move expeditiously to complete a final rule.
If you have any questions or feedback, please contact Justin Barkowski at justin.barkowski@aaae.org.
