U.S. DOT Seeks Comments by July 9, 2018: Advance Notice of Proposed Rulemaking (ANPRM) on Traveling By Air With Service Animals

June 20, 2018

This ANPRM is intended to address the significant concerns raised by individuals with disabilities, other members of the public, airlines, flight attendants, airports and other stakeholders regarding service animals on aircraft. The DOT recognizes the integral role that service animals play in the lives of many individuals with disabilities and wants to ensure seamless access to air transportation for individuals with disabilities while also helping to deter the fraudulent use of animals not qualified as service animals.

In this ANPRM, the DOT solicits comment on:

(1) treating psychiatric service animals similar to other service animals;
(2) distinguishing between emotional support animals and other service animals;
(3) requiring emotional support animals to travel in pet carriers for the duration of the flight;
(4) limiting the species of service animals and emotional support animals that airlines are required to transport;
(5) limiting the number of service animals/emotional support animals required to be transported per passenger;
(6) requiring service animal and emotional support animal users confirm that their animal has been trained to behave in a public setting;
(7) requiring service animals and emotional support animals have a harness, leash, or other tether with narrow exceptions;
(8) limiting the size of emotional support animals or other service animals that travel in the cabin and the potential impact of such a limitation;
(9) prohibiting airlines from requiring a veterinary health form or immunization record from service animal users without an individualized assessment that the animal would pose a direct threat to the health or safety of others or would cause a significant disruption in the aircraft cabin; and
(10) no longer holding U.S. airlines responsible if a passenger traveling under the U.S. carrier’s code is only allowed to travel with a service dog on a flight operated by its foreign code share partner.

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