Published in the *Federal Register* February 26, 2007. 72 FR 8268.

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

Guidance Concerning the Carriage of Service Animals in Air
Transportation into the United Kingdom

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

ACTION: Notice of guidance concerning the carriage of service animals in
air transportation from the United States to the United Kingdom.

SUMMARY: This notice publishes guidance concerning the carriage of
service animals in air transportation from the United States (U.S.) to
the United Kingdom (U.K.). These guidelines address the differences
between U.K. laws regulating the transport of service animals on flights
into the U.K. and U.S. law with respect to the carriage of service
animals in air transportation. U.K. laws affecting the transport of
service animals in air travel differ significantly from the requirements
of the Air Carrier Access Act (ACAA), 49 U.S.C. §41705, and its
implementing regulation in 14 CFR Part 382, resulting in uncertainty for
carriers and persons with disabilities about the requirements that apply
on flights into or transiting the U.K.

The purpose of this guidance document is to assist U.S. and foreign
carriers, as well as passengers with disabilities, in complying with
both U.S. and U.K. regulations concerning the transport of service
animals on flights from the U.S. to the U.K. by: 1) explaining the
procedures passengers must follow to comply with the U.K.'s Pet Travel
Scheme (PETS); 2) explaining the procedures U.S. and foreign carriers
must follow to obtain an approved Required Method of Operation (RMOP)
from the U.K.'s Department for Environment Food and Rural Affairs
(DEFRA); and 3) notifying both U.S. and foreign carriers operating
flights between the U.S. and the U.K. that failure to obtain an approved
RMOP from DEFRA will be considered a violation of the ACAA and may
subject such carriers to enforcement action by the U.S. DOT.

ADDRESSES: This guidance document is available on the Department's
website at <http://airconsumer.ost.dot.gov/> and future updates or
revisions will also be posted there. Questions regarding this notice may
be addressed to the Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings, C-70, 400 Seventh Street, S.W., Room 4116,
Washington, D.C. 20590.

FOR FUTHER INFORMATION CONTACT: Kathleen Blank Riether, Attorney, Office
of the Assistant General Counsel for Aviation Enforcement and
Proceedings, 400 Seventh Street, S.W., Washington, D.C. 20590; (202)
366-9342; email
[kathleen.blankriether@dot.gov](mailto:kathleen.blank@dot.gov).

**Introduction**

Service animals perform many tasks to improve the quality of life and
independence of persons with disabilities. Accordingly, the ability to
travel with a service animal is critically important to those passengers
who rely on them to assist with their disabilities. For health and
safety reasons, until February 2000, all animals traveling into the U.K.
were subject to quarantine for six months. From February 2000 to April
2004, U.K. law allowed certain animals to enter the U.K. without a
six-month quarantine, but required, among other things, that they travel
in a sealed kennel on flights into the U.K. In April 2004, U.K. laws
were changed to remove the requirement that dogs and cats meeting the
requirements of the U.K.'s Pet Travel Scheme (PETS) must be transported
in a sealed kennel when traveling by air into the U.K. Consequently,
airlines could seek approval to legally transport PETS-compliant animals
in the aircraft passenger cabin for the first time, opening the door for
carriers to comply with many of the U.S. service animal requirements on
flights into the U.K.

U.S. service animal requirements are based on the ACAA, which was
enacted in 1986 to prohibit U.S. carriers from discriminating against
air travelers on the basis of disability. The ACAA was amended in 2000,
by the Wendell H. Ford Aviation Investment and Reform Act for the 21^st^
Century (AIR-21),

P.L. 106-181 (April 5, 2000), to specifically cover foreign carriers.
The Department's rule implementing the ACAA, 14 CFR Part 382 (Part 382),
which was adopted in 1990, does not by its terms address foreign
carriers. However, DOT's Office of the Assistant General Counsel for
Aviation Enforcement and Proceedings (Enforcement Office) gave notice,
on May 18, 2000, of its intent to use Part 382 as guidance in applying
the ACAA to foreign carriers until that rule is amended to cover those
carriers. In November 2004, DOT published a proposed rule to modify Part
382 to cover foreign carriers. The Department expects to complete that
rulemaking in 2007.

DOT has received a number of complaints against foreign and U.S.
carriers from passengers alleging unlawful discrimination under the ACAA
because they were prevented from traveling into the U.K. with their
service animals. DOT has also received inquiries from members of the
U.S. Congress on behalf of their constituents on this issue. Among a
number of actions taken in response to these complaints and inquiries,
the Department (1) investigated several U.S. and foreign carriers; (2)
reviewed relevant European Union (EU) and U.K. laws and agency guidance
documents; (3) consulted with members of the U.K. government; and (4)
spoke with an international working group seeking to establish consensus
on best practices for transporting guide and assistance dogs in the
passenger cabin, particularly on long haul flights such as those from
the U.S. to the U.K. We found that there were many complexities involved
in the transport of service animals in the passenger cabin on flights
into the U.K. and concluded that guidance for foreign and U.S. carriers,
as well as passengers with disabilities, was needed to clarify their
respective rights and responsibilities under the ACAA and Part 382 in
the context of U.K. laws and agency guidance.

**Background**

Until 2000, all animals traveling into the U.K. were subject to a
six-month quarantine upon entry in order to ensure that they were not
contaminated with rabies. On February 28, 2000, the U.K. implemented the
Pet Travel Scheme (PETS), a regulatory plan administered by the U.K.'s
Department for Environment, Food and Rural Affairs (DEFRA), that allows
certain animals holding appropriate documentation and transported by an
approved air carrier ------ initially dogs and cats, and as of July 2004
also ferrets ------ from certain countries to enter England without a
six-month quarantine as long as the animals are identified by microchip,
vaccinated against rabies, blood tested (except ferrets), and treated
against certain parasites.

In May 2003, European Union Regulation (EC) No. 998/2003 established the
current health requirements for animals traveling under the Pet Travel
Scheme between European Union (EU) member states or into a member state
from third countries, superseding the earlier U.K. laws. The EU
regulation allows the U.K. to broadly continue its domestic Pet Travel
Scheme for dogs and cats and covers import requirements for some other
species, including ferrets. It should be noted that the Council of the
European Union subsequently adopted a community regulation on July 5,
2006, concerning the rights of disabled persons and persons with reduced
mobility when traveling by air, which will apply to commercial carriers
flying into, from, or through an airport situated in an EU member state.
The regulation, effective July 26, 2008, will require carriers to
transport recognized assistance dogs in the aircraft cabin free of
charge, subject to national legislation. *See*
<http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_204/l_20420060726en00010009.pdf>

Following the adoption of the 2003 EU regulation, the U.K. Parliament
passed the Non-Commercial Movement of Pet Animals (England) Regulations
2004 No. 2363 (NCMPAR 2004), which became effective on October 1, 2004,
implementing and enforcing the EU regulation in England only. The other
regions within the U.K., Scotland, Wales and Northern Ireland, each have
their own PETS regulations. However, as of January 1, 2007, the only
DEFRA-approved routes for service animals to enter the U.K. from the
U.S. are into England, primarily through the London Gatwick and London
Heathrow airports.

NCMPAR 2004 outlines the responsibilities and conditions that carriers
and passengers must meet to comply with the EU and U.K. regulations with
respect to the transport of dogs, cats and ferrets into England.
Carriers seeking approval to participate in PETS must submit written
procedures to DEFRA for transporting these animals into England from
listed countries on specific routes in accordance with NCMPAR 2004.
Listed countries, which include the U.S., are those from which the
movement of animals into the EU Community under the Pet Travel Scheme
may be authorized, provided that certain requirements are met, under
regulation (EC) No. 425/2005. See DEFRA's website for listed and
non-listed countries at
<http://www.defra.gov.uk/animalh/quarantine/pets/regulation/eu_reg.htm>.
Passengers wishing to transport dogs, cats and ferrets into England and
U.K. airports that opt to accept such animals also have responsibilities
that they must meet. Passengers are obliged to take specific steps to
ensure their animals meet PETS health requirements before entering the
U.K. U.K. airports must establish an onsite DEFRA-approved animal
reception center (ARC) facility in order to participate in PETS. An
animal reception center is a facility located at the airport and
operated by a public or private sector organization for the purpose of
verifying the PETS compliance status of animals arriving on flights into
the U.K. before they deplane or are removed from the cargo area. Animals
found not to be PETS-compliant are detained at the ARC until they can be
transferred to a quarantine facility or removed from the country.

Although PETS now allows dogs, cats, and ferrets to enter the U.K.
without a six-month quarantine and without being sealed in a kennel,
from February 2000 to April 2004, PETS required the animals to travel in
a sealed kennel on flights into England. Given the space constraints in
the aircraft cabin, participating carriers (i.e., carriers approved by
DEFRA for transporting PETS-compliant animals) would only transport such
kennels in the cargo hold of the aircraft. This restriction discouraged
persons with disabilities from traveling from the U.S. to the U.K. with
a service animal because the passenger necessarily would be separated
from his or her service animal during flight. Separating a service
animal from the passenger with a disability can impair the passenger's
ability to function independently when the animal is unavailable to
perform a vital task (e.g., navigation, mobility assistance, seizure
alert, etc.). The disability community also advises that separation can
create stress on the service animal, affecting its ability to perform
necessary tasks for its owner when the service animal and its user
reconnect.

With the PETS amendment of April 2004, participating carriers were in a
position to seek DEFRA approval to transport PETS-compliant animals
accompanied by their owners in the passenger cabin of aircraft on
approved routes into England. This substantive change in the PETS order
then prompted the U.K.'s Civil Aviation Authority (CAA) to issue a
Flight Operations Department Communication (FODCOM) on March 11, 2005,
addressing cabin safety considerations concerning the carriage of guide
and assistance dogs in the aircraft cabin. Besides defining the criteria
for the acceptance of guide and assistance dogs qualifying for carriage
in the passenger cabin, the FODCOM explained that all other animals
should be treated as pets and that other arrangements be made for their
transport. *See* Carriage of Guide Dogs and Assistance Dogs in the
Aircraft Cabin, FODCOM 3/2005 (March 11, 2005). The CAA has informed DOT
that compliance with FODCOM provisions, which interpret U.K. safety
regulations, is mandatory for all U.K. carriers.

In sum, these changes to EU and U.K. law have allowed individual
carriers to modify their policies and procedures and obtain DEFRA
approval to carry guide and assistance dogs in the passenger cabin. In
addition, to comply with the ACAA and Part 382, U.S. carriers operating
flights from the U.S., or any other listed country, into the U.K. must
obtain DEFRA approval to transport all PETS-compliant animals that serve
as service animals in the cabin on approved routes into any
participating U.K. airport (i.e., approved by DEFRA to receive animals
coming into the U.K.) served by the carrier. (See ***GLOSSARY*** for the
definition of "listed country.") It is the position of the Enforcement
Office that the ACAA itself imposes the same obligation on non-U.K.
foreign carriers for flights from the U.S. into the U.K. Similarly, it
is the position of the Enforcement Office that the ACAA itself requires
U.K. carriers to obtain DEFRA approval to transport PETS-compliant guide
and assistance dogs in the cabin and all other PETS-compliant animals
that serve as service animals in the cargo hold in accordance with
FODCOM 3/2005, which is mandatory for such carriers.

**GUIDANCE CONCERNING THE CARRIAGE OF SERVICE ANIMALS IN AIR
TRANSPORTATION FROM THE UNITED STATES TO THE UNITED KINGDOM**

**List of Sections**

**[A. Overview]{.underline}**

*1. What is the Purpose of this Guidance?*

*2. To Whom Does This Guidance Apply?*

*3. What Service Animals May Accompany a Passenger with a Disability on
Flights into the U.K.?*

*4. What About Service Animals That Are Not PETS-Compliant?*

*5. Under What Circumstances May a Carrier Refuse Transport to a Service
Animal?*

*6. Are Carriers Permitted to Require Passengers to Provide
Documentation That Their Animal is a Service Animal as a Condition for
Transport in the Cabin?*

*7. Why Must Carriers Obtain Approval from DEFRA to Carry Service
Animals on Flights into the U.K.?*

**[B. Specific Requirements for Carrier Compliance with British Laws
Governing the Carriage of Animals into the U.K.]{.underline}**

*1. What Steps Must a Carrier Take to Obtain DEFRA Approval to
Participate in PETS?*

2.  *On Which Routes Must Carriers Participate in PETS?*

*3. Who is Responsible for Ensuring that a Service Animal is PETS
Compliant Before Traveling to the U.K.?*

4.  *What Other Requirements Apply to Carriers?*

5.  *Are there Penalties for a Carrier's Noncompliance with U.K.
    regulations?*

**[C. Specific Guidelines for Air Carriers on Dual Compliance with U.K.
Regulations and the ACAA/Part 382]{.underline}**

*1. May Carriers Require Advance Notice that A Qualified Individual With
A Disability Plans to Travel With a Service Animal Between the U.S. (or
Any Other Listed Country) and the U.K.?*

*2. May Carriers Limit the Number of Service Animals Allowed Per
Flight?*

*3. May Carriers Limit the Duration of Flights on Which a Service Animal
Will Be Allowed to Travel?*

*4. May Carriers Require an Early Check-In for a Passenger with a
Disability Who Intends to Travel Between the U.S. (or Any Other Listed
Country) and the U.K. with a Service Animal?*

5.  *May Carriers Designate Seating for Qualified Individuals With a
    Disability Who Travel With a Service Animal?*

6.  *Are There Any Special Equipment Requirements for Carrying Service
    Animals in the Passenger Cabin or in the Cargo Hold on Flights
    Between the U.S.(or Any Other Listed Country) and the U.K.?*

7.  *May Carriers Charge A Passenger With a Disability For Carrying a
    Service Animal on Flights Between the U.S. and the U.K.?*

8.  *May Carriers Require Documentation of PETS Compliance and a Signed
    Release before They Will Transport a Passenger's Service Animal into
    the U.K.?*

9.  *May Carriers Require Passengers to Contact the ARC for Confirmation
    That Their PETS Documentation is in Order?*

10. *What Information Must Be Made Available to Passengers Regarding
    PETS?*

**[D. Guidance for Passengers with Service Animals Traveling on Flights
into the U.K.]{.underline}**

*1. What Should Passengers Know About Bringing A Service Animal Into the
U.K.?*

*2. What Documentation Must Be Presented by Passengers Upon Arrival in
the U.K. Demonstrating that a Service Animal is PETS Compliant?*

*3. What Specific Steps Must a Passenger Take to Ensure a Service Animal
is PETS-Compliant?*

*4. What Costs And Fees Must A Passenger Pay To Bring a Service Animal
Into The U.K.?*

*5. What Are The Penalties to the Passenger For Failing To Comply With
PETS?*

***GLOSSARY***

**[A. Overview]{.underline}**

***1. What is the Purpose of this Guidance?***

As previously stated in the opening summary, this guidance assists
carriers in addressing the differences between U.K. and U.S. law with
respect to the carriage of service animals into the U.K., (e.g., the
ACAA requirement that carriers generally must transport
*[all]{.underline}* service animals in the passenger cabin versus the
U.K. rule that requires carriers to restrict in-cabin transport to guide
and assistance dogs only).

In addition, this guidance notifies carriers that failure to obtain
approval to participate in the U.K.'s Pet Travel Scheme (PETS) when
flying from the U.S. (or for U.S. carriers, from any listed country)
into participating U.K. airports violates the ACAA and may subject the
carrier to enforcement action by the DOT.

Most importantly, this guidance provides both carriers and passengers an
overview of what they must do to comply with U.K. and U.S. laws
affecting the carriage of service animals accompanying passengers with
disabilities on flights between the U.S. and U.K.

***2. To Whom Does This Guidance Apply?***

Foreign carriers operating to and from U.S. airports are subject to the
provisions of the ACAA, while U.S. carriers must comply with the ACAA
and the rules set forth in Part 382 wherever they operate. Accordingly,
this guidance applies to U.S. carriers under the ACAA and Part 382 on
flights from any point of origin within a listed country to the U.K. It
also applies to foreign carriers under the ACAA on flights from the U.S.
to the U.K.

It is worth noting that U.S. and foreign carriers operating flights from
the U.S. into the U.K. under code-share agreements both have a
responsibility for ensuring the transport of PETS-compliant service
animals consistent with U.S. and U.K. law.

***3. What Service Animals May Accompany a Passenger with a Disability
on Flights into the U.K.?***

a.  U.S. carriers, under sections 382.55(a)(1) and (2), are required to
    permit service animals used by individuals with a disability to
    accompany the person in the aircraft passenger cabin in accordance
    with applicable safety regulations. It is the Enforcement Office's
    position that this requirement also applies under the ACAA to
    foreign carriers operating to and from the U.S. absent a direct
    conflict of law.

b.  U.S. regulatory guidance generally defines as service animals those
    animals that are individually trained to perform functions to assist
    passengers who are qualified individuals with a disability, but
    recognizes that an emotional support animal or an animal such as a
    seizure alert animal may be capable of performing functions to
    assist a qualified individual with a disability without formal
    training regarding the assistance it performs. Similarly under DOT
    guidance, a service animal is (i) an animal individually trained to
    perform a function and which performs that function to assist a
    person with a disability; (ii) an animal that has been shown to have
    the innate ability to assist a person with a disability, *e.g.*, a
    seizure alert animal; or (iii) an emotional support animal.
    Regardless of the function it performs to assist a passenger with
    his or her disability, a service animal should be trained to behave
    properly in the airport and in the passenger cabin (e.g., not to run
    around freely, bark, bite other persons, or urinate in the cabin).
    Improper behavior indicating a lack of training may result in the
    service animal legitimately being denied transport in the cabin.

c.  Under FODCOM 3/2005, which interprets U.K. safety regulations, only
    guide and assistance dogs may accompany their owners in the
    passenger cabin on a flight. The FODCOM defines guide and assistance
    dogs as dogs trained by an individual or organization accepted by
    and affiliated with the International Guide Dog Federation to
    provide assistance to a person with a disability and requires formal
    identification indicating such training. Dogs not meeting the above
    criteria for guide or assistance dogs, as well as cats and ferrets,
    are considered pets and are not recognized as service animals in the
    U.K., even if trained to perform a function to assist a person with
    his or her disability. FODCOM 3/2005, which is mandatory for U.K.
    carriers and guidance for non-U.K. carriers, states that
    PETS-compliant animals other than guide and assistance dogs should
    be carried in the cargo hold.

d.  Under Part 382, U.S. carriers must accept PETS-compliant service
    dogs and service cats for transport in the aircraft cabin on flights
    into the U.K. when they can behave appropriately and can be
    accommodated without violating FAA safety regulations. When not,
    carriers must transport such animals in the cargo hold. It is the
    position of the Enforcement Office that the requirement to transport
    service dogs and service cats also applies to non-U.K. foreign
    carriers under the ACAA on flights from the U.S. to the U.K. It is
    also the position of the Enforcement Office that U.K. carriers, to
    whom FODCOM 3/2005 applies, are subject to its requirement to permit
    only guide and assistance dogs in the aircraft cabin. Since U.K. law
    does not prohibit U.S. and non-U.K. foreign carriers from
    transporting PETS-compliant animals in the cabin in accordance with
    a carrier's approved required method of operation (RMOP), these
    carriers must request an approved RMOP for transporting
    PETS-compliant service dogs and service cats in the cabin in order
    to comply with the ACAA and Part 382. (For further explanation of an
    RMOP, see **"*What Steps Must a Carrier Take to Obtain DEFRA
    Approval to Participate in PETS?"***)

e.  Although ferrets may be accepted for transport under PETS, U.S.
    regulatory guidance permits carriers to refuse transport to ferrets
    for safety reasons (See **"*Under What Circumstances May a Carrier
    Refuse Transport to a Service Animal?")***

f.  Under section 382.57, U.S. carriers may not charge for transporting
    service animals from the U.S. or any listed country to the U.K. It
    is the Enforcement Office's position that this prohibition also
    applies to all foreign carriers under the ACAA on flights from the
    U.S. to the U.K. absent a direct conflict of law. The cost of animal
    inspections and other fees to the passenger that airport animal
    reception centers bill directly to carriers for administrative
    convenience may be charged back to the passenger by the carrier.

g.  Because section 382.55(a) requires that service animals be permitted
    to accompany persons with disabilities on their flights, U.S.
    carriers with routes into participating U.K. airports must also
    participate in PETS so that the aforementioned service animals can
    enter the U.K. in accordance with applicable U.K. laws. Under the
    ACAA, it is the Enforcement Office's position that all foreign
    carriers operating flights from the U.S. to the U.K. must also
    participate in PETS. The Enforcement Office may pursue enforcement
    action against carriers that fail to participate in the U.K.'s Pet
    Travel Scheme, which is a necessary component to accepting service
    animals accompanying passengers with disabilities on flights to the
    U.K.

***4. What About Service Animals That Are Not PETS-Compliant?***

a.  Due to U.K. law requiring animals that are not PETS-compliant to be
    quarantined or removed from the country and the penalties that may
    result to the carrier for an illegal landing, a service animal for
    which a passenger cannot demonstrate PETS compliance may be denied
    transport.

b.  Carriers have discretion to transport dogs, cats and ferrets that
    are not PETS-compliant into the U.K. under the terms and conditions
    of a U.K. quarantine import license. Dogs, cats and ferrets that
    must be quarantined because they do not meet all PETS requirements
    on the day they enter the UK, but at a later date can be shown to
    meet the necessary PETS requirements, can be released early from the
    six-month quarantine.

c.  Carriers may choose to transport other service animals under the
    terms and conditions of a U.K. quarantine import license, which
    includes a six-month quarantine of the animal upon entry to the U.K.

d.  For further information on import licensing and quarantine
    procedures, see DEFRA's website at
    <http://www.defra.gov.uk/animalh/quarantine/pets/procedures/support-info/listq&a.htm>.

**5. *Under What Circumstances May a Carrier Refuse Transport to a
Service Animal?***

> a\. Under U.S. law and regulatory guidance, refusing any type of
> service animal for transport in the aircraft cabin is permitted only
> when the animal's presence on the aircraft (1) poses a direct threat
> to the health or safety of passengers or crewmembers (e.g., airlines
> are not required to transport, either in the cabin or in the cargo
> hold, snakes, other reptiles, ferrets, rodents, and spiders as DOT has
> determined that these animals pose unavoidable safety and/or public
> health concerns), or (2) would cause a significant disruption to the
> airline service in the cabin (e.g., the service animal is not trained
> to behave properly in public settings so the animal barks at other
> persons on the aircraft, jumps on people or urinates in the cabin), or
> (3) would violate an applicable Federal Aviation Administration (FAA)
> safety regulation (e.g., accepting a service animal for carriage in
> the cabin that would block egress to the aisle from any row of seats
> on the aircraft), or (4) is prohibited in the cabin by the law of the
> country where the carrier operates.
>
> b\. Under section 382.37(c), U.S. carriers are required to transport
> in the cargo hold any PETS-compliant service dogs and service cats
> that cannot be accommodated in the cabin either for safety reasons or
> due to behavior that significantly disrupts cabin service. It is the
> position of the Enforcement Office that the same requirement applies
> to foreign carriers under the ACAA.
>
> c\. U.S. and non-U.K. foreign carriers that permit only service dogs
> and service cats to accompany their owners in the passenger cabin (or
> in the cargo hold when safety requires) on flights from the U.S. into
> the U.K. will be considered in compliance with the ACAA and Part 382.
> U.K. carriers that permit only guide and assistance dogs in the
> passenger cabin (or in the cargo hold when safety requires), and
> transport other PETS-compliant service animals in the cargo hold on
> flights from the U.S. into the U.K. will also be considered in
> compliance with the ACAA. Due to the quarantine restrictions for other
> animal species and their subsequent unavailability to their owners for
> six months following entry to the U.K., carriers that accept only
> PETS-compliant animals on flights from the U.S. into the U.K. will be
> considered in compliance with the ACAA and Part 382.

***6. Are Carriers Permitted to Require Passengers to Provide
Documentation that Their Animal is a Service Animal as a Condition for
Transport in the Cabin?***

a.  Under the ACAA and Part 382, carriers may look for indicators to
    confirm that an animal is a service animal either through (1) an ID
    issued by a guide or assistance dog organization or state or local
    government agency; (2) service equipment on the animal such as a
    harness, vest, or side-packs; or (3) the credible verbal assurance
    of the qualified individual with a disability using the animal.
    Under the ACAA and Part 382, any of these observations or procedures
    may be sufficient to make the determination.

b.  Under FODCOM 3/2005, a guide or assistance dog should meet the full
    membership criteria in an accredited organization (e.g., Guide Dogs
    for the Blind Association, Assistance Dogs International, etc.) and
    have formal identification. Therefore, U.K. carriers may require
    passengers to present such identification as a condition for
    acceptance of a guide or assistance dog in the passenger cabin. For
    other PETS-compliant animals, U.K. carriers should use as indicators
    of service animal status those defined under the ACAA and Part 382.

c.  U.S. law allows carrier personnel to request documentation for
    service animals other than emotional support animals as a means of
    verifying that the animal is a service animal only in limited
    circumstances. However, the Enforcement Office urges U.S. and
    foreign carriers, in the absence of a conflict of law, not to
    require documentation as a condition for accepting a PETS-compliant
    dog or cat for transport as a service animal in the cabin or the
    cargo hold *unless* a passenger's verbal assurance is not credible.
    In that case, the airline may require documentation (e.g., a service
    animal organization membership ID). See Notice of Policy Guidance
    Concerning Service Animals in Air Transportation, 68 Fed. Reg.
    24,874 (May 9, 2003), available at
    <http://airconsumer.ost.dot.gov/rules/20030509.pdf>.

d.  In order to prevent abuse by passengers who do not have a medical
    need for an emotional support animal, DOT permits carriers to
    require recent medical documentation of the passenger's
    disability-related need as a condition for acceptance of an
    emotional support animal as a service animal under the ACAA and
    Part 382. (See Notice of Policy Guidance Concerning Service Animals
    in Air Transportation at the above-noted website.)

e.  The ACAA, Part 382 and FODCOM 3/2005 allow guide and assistance dogs
    in the cabin of any breed and size provided they can be carried in
    the cabin in accordance with applicable safety regulations.

***7. Why Must Carriers Obtain Approval from DEFRA to Carry Service
Animals on Flights into the U.K.?***

a.  The Enforcement Office considers a covered carrier's approval by
    DEFRA to transport PETS-compliant service animals on flights from
    the U.S. to participating U.K. airports, in accordance with this
    guidance, necessary to comply with the ACAA since without such
    approval service animals may not be legally transported into the
    U.K. See ***"To Whom Does This Guidance Apply?"*** for the
    definition of a covered carrier.

b.  U.S. air carriers operating between the U.S. or any other listed
    country and the U.K., and foreign carriers operating between the
    U.S. and the U.K., are put on notice that a failure to obtain DEFRA
    approval may result in enforcement action initiated by DOT's
    Enforcement Office for violating the ACAA.

c.  To demonstrate to the Enforcement Office that a carrier is seeking
    to participate in PETS, the office recommends that the carrier
    retain all relevant records of the steps taken to obtain DEFRA
    approval until it is granted.

**[B. Specific Requirements for Carrier Compliance with British Laws
Governing the Carriage of Animals into the U.K.]{.underline}**

***1. What Steps Must a Carrier Take to Obtain DEFRA Approval to
Participate in PETS?***

a.  Before a carrier can participate in PETS, it first must prepare a
    proposed Required Method of Operation (RMOP) and submit it to DEFRA
    for approval. The RMOP must describe the specific procedures the
    carrier will follow to ensure the proper transport of PETS-compliant
    animals in accordance with applicable DEFRA, CAA and the
    International Air Transport Association (IATA) requirements.

b.  The RMOP for carriage of animals should include all relevant details
    on:

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i.  how the carrier will transport the animals in the passenger cabin
    and in the cargo hold;

ii. how the carrier will ensure that the passenger presents the required
    PETS documentation for the animal prior to departure;

iii. how the carrier will ensure that the animals are checked-in by the
     animal reception center (ARC) upon arrival into the U.K.;

iv. what contingency plans the carrier intends in the event of
    emergencies or route deviations; and

v.  on what routes (point-to-point between city pairs) the carrier
    proposes to transport animals in the passenger cabin and cargo hold.

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c.  There is no charge for filing an RMOP. Instructions for preparing an
    RMOP covering the carriage of service animals in the passenger cabin
    and in the cargo hold can be obtained from DEFRA by contacting
    [quarantine@defra.gsi.gov.uk](mailto:Elizabeth.Shickle@defra.gsi.gov.uk).

d.  Carriers must coordinate a written service level agreement (SLA)
    with the local ARC at each airport they serve with an ARC in the
    U.K. and submit a copy with their proposed RMOPs to DEFRA. The SLA
    is an agreement between the ARC and the carrier that the ARC will
    verify the PETS compliance status of any animal arriving at the
    local airport over one of the carrier's approved routes. This step
    is necessary to obtain final approval to participate in PETS.

e.  Failure to reach agreement with DEFRA on a proposed RMOP does not
    exempt the carrier from its obligation to accommodate service
    animals under Part 382 and/or the ACAA. If a carrier's initial
    proposed RMOP is not approved, the carrier is obliged to pursue good
    faith efforts with DEFRA until an agreement on procedures acceptable
    to DEFRA is reached and approval is granted.

f.  The approved RMOP and SLA spell out the carrier's legal obligations
    with respect to the transport of animals into the U.K. Failure to
    adhere to their terms may result in liability of the carrier under
    U.K. law.

***2. On Which Routes Must Carriers Participate in PETS?***

a.  London Heathrow and London Gatwick are the primary U.K. airports
    participating in PETS that serve flights from the U.S. See DEFRA's
    website at
    [www.defra.gov.uk/animalh/quarantine/pets/procedures/support-info/assistance-air.htm#noneu](http://www.defra.gov.uk/animalh/quarantine/pets/procedures/support-info/assistance-air.htm#noneu)
    for a list of approved routes from the U.S. to the U.K.

b.  DEFRA approves a carrier's participation in PETS on a per-carrier,
    route-by-route basis. To remain in compliance with the ACAA, U.S.
    carriers must seek approval from DEFRA to participate in PETS on all
    direct routes from the U.S., or any other listed country, to
    participating U.K. airports. Foreign carriers must seek approval
    from DEFRA to participate in PETS on all of its direct routes from
    the U.S. to participating U.K. airports. For example, a carrier that
    only operates direct flights between Dulles International Airport
    and London Heathrow must seek approval for only that route. However,
    if a U.S. carrier operates direct flights from a number of cities to
    participating U.K. airports, it must seek DEFRA approval for all
    such routes.

c.  The carrier's RMOP should be submitted with a list of all routes
    (point-to-point between city pairs) on which it proposes to
    transport service animals in the aircraft cabin and cargo hold.

d.  Although carriers must request approval for all routes they operate
    between the U.S. and participating U.K. airports, they will be held
    responsible under the ACAA and Part 382 for transporting
    PETS-compliant service animals only on those routes for which they
    have received approval from DEFRA.

***3. Who is Responsible for Ensuring that a Service Animal is PETS
Compliant Before Traveling to the U.K.?***

a.  It is the passenger's responsibility to obtain the correct
    documentation verifying that his or her service animal is
    PETS-compliant, and to present it to the carrier before take off and
    again to the ARC officer upon landing. See "***What Documentation
    Must Be Presented Upon Arrival in the U.K. Demonstrating That a
    Service Animal is PETS Compliant**?*"

b.  The ARC may require these documents to be faxed to it by the
    passenger up to 14 days before travel to allow sufficient time to
    notify the passenger of any deficiencies in the documentation that
    must be corrected to avoid quarantine of the animal upon landing.
    Passengers should contact the ARC to determine how far in advance
    the ARC will require the documents. Final clearance will be given
    only after the service animal's microchip has been checked and
    documents have been found to be in order by ARC personnel upon the
    passenger's arrival in the U.K.

c.  The carrier's sole responsibilities with respect to PETS
    documentation are 1) to ensure that the passenger is carrying a
    third country official veterinary certificate or an EU pet passport
    and supporting documents upon boarding the aircraft with the animal
    or when checking the animal in as cargo; and 2) to affix these
    documents to the kennel in the manner prescribed by DEFRA for
    animals transported in the cargo hold.

***4. What Other Requirements Apply to Carriers?***

a.  The carrier must notify the ARC at least 24 hours before the
    scheduled departure of a flight to the U.K. if an animal will be
    onboard. The carrier must comply with this notification requirement
    or be subject to possible prosecution and penalty by local U.K.
    authorities for an illegal landing. (See Veterinary Checks
    Legislative Directive, EU 91/268.) As a best practice, DEFRA and the
    Enforcement Office urge carriers to fax notification to the ARC at
    the time of booking, or at least 72 hours before departure, to
    ensure that ARC staff are available for dispatch to the proper
    aircraft and/or cargo location upon landing.

b.  If the carrier discovers a smuggled animal onboard a flight into the
    U.K., the pilot must ensure that the ARC is notified before landing.

c.  Carriers transporting a PETS-compliant service animal in the cargo
    hold must ensure that (1) the animal's kennel meets IATA
    specifications, and (2) the animal's third country official
    veterinary certificate or EU pet passport and supporting documents
    provided by the passenger are affixed to the kennel in the manner
    prescribed by DEFRA.

***5. Are there Penalties for a Carrier's Noncompliance with U.K.
regulations?***

a.  U.K. regulations require carriers to (1) obtain approval from DEFRA
    to participate in PETS; (2) comply with the terms and conditions of
    the approval; and (3) notify the ARC at least 24 hours prior to a
    flight's departure to the U.K. that an animal will be onboard.

b.  A carrier that transports an animal into the U.K. without meeting
    any one of the above requirements may be prosecuted for an illegal
    landing and fined up to £5,000 (approximately \$9,890 as of early
    January 2007) by the local U.K. enforcement authorities. For
    example, a carrier that transports animals into the U.K. without an
    approved RMOP, or a DEFRA-approved carrier that fails to follow its
    RMOP (e.g., brings animals into the country with insufficient or no
    documentation, or that fails to comply with the ARC notification
    requirement) may be prosecuted and fined by the local U.K.
    enforcement authorities as stated above.

c.  If the carrier notifies the ARC of an animal's arrival as described
    above, and upon landing the ARC determines that the animal is not
    compliant with U.K. regulations, the passenger, and not the carrier,
    will be held liable for any penalties that may result from the
    illegal landing.

**[C. Specific Guidelines for Air Carriers on Dual Compliance with U.K.
Regulations and the ACAA/Part 382]{.underline}**

1.  ***May Carriers Require Advance Notice that A Qualified Individual
    With A Disability Plans to Travel With a Service Animal Between the
    U.S. (or Any Other Listed Country) and the U.K.?***

-   U.K. law requires carriers to coordinate with the ARC at least 24
    hours in advance when carrying an animal into the U.K. to ensure
    adequate time to schedule the PETS inspection required upon landing.
    Carriers may legitimately deny boarding to a service animal when the
    ARC has had insufficient notice to schedule an inspection.
    Therefore, carriers may strongly recommend that passengers with
    disabilities intending to travel with a service animal on a flight
    from the U.S. to the U.K. notify them of their intention when making
    a reservation, or at the latest 72 hours before departure, to avoid
    the service animal being denied boarding. Carriers must inform
    passengers traveling with a service animal, and who make a
    reservation less than 72 hours before departure, that the service
    animal may be denied boarding if the ARC has insufficient time to
    schedule the required inspection.

***2. May Carriers Limit the Number of Service Animals Allowed Per
Flight?***

a.  U.K. regulatory guidance does not limit the number of guide or
    assistance dogs allowed in the passenger cabin on a given flight,
    but the Enforcement Office notes that foreign carriers may wish to
    take into account the safety provisions outlined in the European
    Joint Airworthiness Regulations (JAR-OPS 1.260, Carriage of Persons
    with Reduced Mobility) requiring carriers to ensure that persons
    with disabilities do not occupy seats where their presence could: 1)
    impede the crew in their duties, 2) obstruct access to emergency
    equipment, or 3) impede the emergency evacuation of the aircraft.

b.  Under Part 382, U.S. carriers may not limit the number of service
    animals allowed in the passenger cabin on any given flight except
    for safety reasons. It is the position of the Enforcement Office
    that the same requirement applies to foreign carriers operating to
    and from the U.S. under the ACAA.

c.  Therefore, carriers may only limit the number of service animals in
    the cabin for legitimate safety reasons.

***3. May Carriers Limit the Duration of Flights on Which a Service
Animal Will Be Allowed to Travel?***

-   There are no U.K. laws specifically addressing this issue. The
    Enforcement Office's view is that U.S. law does not allow carriers
    covered by Part 382 and/or the ACAA to limit flight duration for
    service animals on flights between the U.S. and the U.K.

***4. May Carriers Require an Early Check-In for a Passenger with a
Disability Who Intends to Travel Between the U.S. (or Any Other Listed
Country) and the U.K. with a Service Animal?***

-   It is the Enforcement Office's position that carriers may not
    require advance check-in times for passengers with service animals
    beyond what is required of other passengers; however, carriers may
    strongly recommend early arrival at the airport to allow adequate
    time to complete all check-in requirements.

***5. May Carriers Designate Seating for Qualified Individuals With a
Disability Who Travel With a Service Animal?***

a.  U.S. carriers must and foreign carriers should provide a bulkhead
    seat or any other seat consistent with safety regulations, as
    requested by a passenger accompanied by a service dog.

b.  Under Part 382, U.S. carriers must permit a service animal to
    accompany the passenger with a disability at any seat in which the
    person sits unless a legitimate safety reason would preclude it
    (e.g., a dog obstructs an aisle or other area that must remain
    unobstructed in order to facilitate an emergency evacuation). It is
    the Enforcement Office's position that foreign carriers operating to
    and from the U.S. must also provide similar accommodations under the
    ACAA.

c.  If a service animal cannot be accommodated at the seat location of
    the passenger with a disability, U.S. carriers must and foreign
    carriers should 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.

    4.  ***Are There Any Special Equipment Requirements for Carrying
        Service Animals in the Passenger Cabin or in the Cargo Hold on
        Flights Between the U.S.(or Any Other Listed Country) and the
        U.K.?***

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a.  The FODCOM, which is mandatory for U.K. carriers and guidance for
    non-U.K. carriers, states that as a matter of safety assistance dogs
    should be properly secured by a harness during take-off, landing,
    and turbulence. Accordingly, U.K. carriers may require that
    passengers use a harness to restrain guide and assistance dogs in
    the cabin on flights between the U.S. and U.K. U.S. and non-U.K.
    foreign carriers, unless required by their nation's laws, should not
    require that a harness be used to restrain service animals
    transported in the passenger cabin on flights from the U.S. to the
    U.K.

b.  Although it is a standard practice by some foreign carriers to
    require that absorbent mats be placed under guide and assistance
    dogs traveling in the aircraft cabin, it is not required by U.K.
    regulations. It is the Enforcement Office's view that carriers may
    require an absorbent mat to be placed under a service animal during
    travel in the cabin, but should not require passengers to provide
    the mat. Carriers that require the use of absorbent mats should have
    such mats available.

c.  Service animals traveling in the cargo hold must be transported in
    kennels that meet specifications for size, construction, etc., set
    forth in IATA's Live Animal Regulations.

    4.  ***May Carriers Charge A Passenger With a Disability For
        Carrying a Service Animal on Flights Between the U.S. and the
        U.K.?***

-   Under Part 382, and it is the Enforcement Office's position that
    under the ACAA itself, carriers may not impose charges for
    transporting service animals. However, carriers are encouraged to
    inform qualified individuals with a disability traveling with a
    service animal that the passenger is responsible for any
    on-the-ground fees or charges by a public or private sector
    organization for the purpose of ensuring the animal is compliant
    with PETS. Inspection fees for assistance dogs are waived by some
    U.K. airports. Charges to the carrier by the ARC for inspections and
    other services related to ensuring an animal is PETS-compliant may
    be passed on to the passenger along with a reasonable administrative
    fee to cover payment processing expenses. The passenger will also be
    responsible for any veterinary, kenneling and other costs resulting
    if the animal is not PETS-compliant and must be treated after
    arrival, placed in temporary quarantine for up to six months, or
    removed from the country.

    4.  ***May Carriers Require Documentation of PETS Compliance and a
        Signed Release before They Will Transport a Passenger's Service
        Animal into the U.K.?***

-   It is the Enforcement Office's position that, as a condition for
    transporting a PETS-compliant service animal accompanying a
    qualified individual with a disability into the U.K., a carrier may
    require the individual to: (1) present a third country official
    veterinary certificate or EU pet passport with supporting documents
    at the gate or when checking a service animal in for cargo hold
    transport; and (2) sign a release assuming responsibility for fees
    charged by the ARC to verify that the animal is PETS-compliant and
    for other costs (e.g., quarantine charges, treatment fees, etc.),
    including penalties assessed to the passenger by the ARC for failing
    to ensure the animal is PETS-compliant.

    4.  ***May Carriers Require Passengers to Contact the ARC for
        Confirmation That Their PETS Documentation is in Order?***

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-   Carriers may require that passengers contact the ARC for a
    pre-approval document indicating that their PETS documentation is in
    order if the ARC requires a pre-approval document be presented to
    the ARC inspector upon landing. Otherwise, the carrier should
    strongly recommend that passengers contact the ARC in advance to
    verify that the necessary documents are in order and avoid the
    possibility of the animal being held in quarantine.

    4.  ***What Information Must Be Made Available to Passengers
        Regarding PETS?***

a.  Under section 382.45, U.S. carriers are required to make available,
    upon request, information concerning facilities and services related
    to providing air transportation to qualified individuals with
    disabilities. This would include information concerning the
    transport of service animals from the U.S. or other listed country
    into the U.K. It is the position of the Enforcement Office that such
    information must also be provided by foreign carriers under the ACAA
    on flights from the U.S. to the U.K. upon request.

b.  Even if not requested, carriers are encouraged to provide all
    passengers who wish to travel to or transit the U.K. with an animal,
    whether or not the animal is a service animal, with as much
    information as possible regarding PETS. It is recommended that this
    information include the potential consequences of an illegal landing
    such as prosecution, fines, and quarantine. If a carrier chooses to
    provide information on PETS compliance to passengers, U.S. carriers
    are advised that under section 382.55(a)(3), they must provide this
    information to all passengers accompanied by animals traveling with
    the carrier into the U.K., including those accompanied by service
    animals. Foreign carriers operating flights from the U.S. to the
    U.K. are also urged to provide all passengers traveling with animals
    into the U.K. with information on PETS compliance, even if not
    requested.

**[D. Guidance for Passengers with Service Animals Traveling on Flights
into the U.K.]{.underline}**

1.  ***What Should Passengers Know About Bringing A Service Animal Into
    the U.K.?***

    a.  The U.K. is a rabies-free country and its rules governing the
        entry of animals into the country, including service animals,
        are strictly enforced. These rules apply to the transport of
        animals on flights that either terminate in or transit the U.K.
        enroute to a third country.

    b.  Under U.K. law, only airlines granted official approval by DEFRA
        may transport animals into the U.K. on approved routes under
        PETS. U.K. carriers having an approved RMOP may only transport
        PETS-compliant guide and assistance dogs in the aircraft cabin
        and must transport other PETS-compliant service animals in the
        cargo hold. Non-U.K. carriers having an approved RMOP may
        transport PETS-compliant dogs, cats or ferrets in the cabin or
        in the cargo hold of the aircraft. However, under Part 382, U.S.
        carriers having an approved RMOP must transport PETS-compliant
        service dogs and service cats in the aircraft cabin consistent
        with FAA safety requirements. It is the position of the
        Enforcement Office that non-U.K. foreign carriers also must
        transport PETS-compliant service dogs and service cats in the
        aircraft cabin on flights into the U.K., consistent with
        applicable safety requirements, unless prohibited by their
        nation's laws.

    c.  Dogs, cats and ferrets that are not PETS-compliant must be
        carried in the cargo hold and are subject to U.K. import
        licensing requirements.

    d.  The ACAA and Part 382 leave it to the discretion of carriers to
        accept or reject ferrets as service animals, even for transport
        in the cargo hold.

    e.  It is a passenger's responsibility to ensure that his or her
        service animal is fully compliant with PETS requirements.
        Passengers living outside the U.K. must have a licensed
        veterinarian certify that all PETS requirements have been met by
        completing, signing and date-stamping a third country official
        veterinary certificate for domestic dogs, cats and ferrets. See
        the question below **"*What Documentation Must Be Presented by
        Passengers Upon Arrival in the U.K. Demonstrating That a Service
        Animal is PETS Compliant?"***

    f.  The ARC may require that passengers fax the third country
        official veterinary certificate and supporting documents to the
        ARC up to 14 days prior to the date of travel. The ARC may issue
        a pre-approval document to the passenger indicating that these
        documents are in order and require that it be presented to the
        ARC inspector. The passenger is responsible for obtaining all
        documents the particular ARC requires for presentation upon
        landing. The Heathrow ARC can be contacted at
        <HARC.GeneralEnq@cityoflondon.gov.uk>, 011 44 20 8745 7894
        (telephone) or 011 44 20 8759 3477 (fax). The Gatwick ARC can be
        contacted at <animalaircare@btconnect.com>, 011 44 12 9346 2180,
        or 011 44 12 9366 6841 (fax).

    g.  An animal that leaves the aircraft in a non-listed country will
        be refused re-entry into the U.K. under PETS until a new blood
        test and 6 month waiting period have elapsed.

    h.  Passengers traveling with a service animal should provide notice
        to the carrier at the time the reservation is made or at the
        latest 72 hours prior to the flight's departure. This will allow
        the carrier to give the ARC ample notice to plan for the
        animal's PETS inspection upon the flight's arrival in the U.K.

    i.  The passenger must present the required documents to airline
        personnel at the gate prior to departure and to ARC personnel
        upon landing in the U.K. before deplaning.

    j.  There are costs and fees associated with PETS compliance, all of
        which are paid by the passenger, unless the carrier has
        voluntarily arranged with the ARC to pay the fee for the initial
        inspection upon landing, or the ARC provides initial inspection
        services free of charge (e.g., at the time this guidance was
        published the London Heathrow ARC inspected guide and assistance
        dogs at no charge). Passengers should check with the ARC
        concerning any fees for which they are responsible and
        acceptable payment methods.

    k.  Failing to comply with PETS will result in additional costs to
        the passenger. Egregious or repeated violations may result in
        prosecution and the imposition of fines by the local British
        enforcement authorities.

***2. What Documentation Must Be Presented by Passengers Upon Arrival in
the U.K. Demonstrating that a Service Animal is PETS Compliant?***

a.  Upon landing in the U.K., a passenger accompanied by a
    PETS-compliant service animal must present either a date-stamped
    third country official veterinary certificate, signed by a
    veterinarian licensed by an approved country or an EU pet passport
    demonstrating that the animal has received:

    i.  a microchip implant readable by an ISO-(International Standards
        Organization) compatible scanner or by another scanner
        compatible with the implanted microchip provided by the
        passenger,

    ii. a vaccination against rabies,

    iii. a rabies antibodies blood test (except for ferrets). This test
         must be completed at least six months before the animal's
         initial entry to the U.K. This waiting period applies only once
         as long as subsequent rabies boosters are administered in
         accordance with the vaccine manufacturer's instructions; and

    iv. treatment for certain parasites.

b.  A model of the third country official veterinary certificate can be
    found at
    <http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_065/l_06520040303en00130019.pdf>.

c.  For PETS-compliant service animals traveling in the cargo hold, the
    veterinary certificate or pet passport must be presented to the
    carrier at check-in so that the carrier can affix the certificates
    to the kennel in the manner prescribed by DEFRA. If the service
    animal is found not to be PETS-compliant, it may be placed in
    quarantine for up to 6 months or removed from the country, as
    determined by the ARC.

***3. What Specific Steps Must a Passenger Take to Ensure a Service
Animal is PETS-Compliant?***

-   See DEFRA's website at
    <http://www.defra.gov.uk/animalh/quarantine/pets/procedures/owners.htm>
    for detailed [current]{.underline} information about compliance
    procedures, including a compliance checklist and approved carriers
    and routes between the U.S. and U.K.

4.  ***What Costs And Fees Must A Passenger Pay To Bring a Service
    Animal Into The U.K.?***

    a.  The passenger will be responsible for paying all veterinary
        costs associated with preparing an animal for travel and any
        fees charged by the ARC for checking the animal upon arrival
        unless the airline has voluntarily arranged with the ARC to pay
        the fee for the initial inspection upon landing or the ARC
        provides initial inspection services free of charge. Passengers
        may also be required to pay a reasonable administrative fee to
        the airline to cover the cost of processing these payments to
        the ARC.

    b.  If an animal is not PETS-compliant, the passenger will be
        responsible for any costs associated with quarantine for tick
        and tapeworm treatment, a six-month quarantine after a rabies
        vaccination and follow-up blood test, or removing the animal
        from the country, as determined by the ARC.

    c.  Any penalties resulting from the illegal landing will be the
        sole responsibility of the passenger, unless it can be shown
        that the carrier made no attempt to check for the required PETS
        documents when accepting the animal for transport or to notify
        the ARC in advance of an animal on board or both.

5.  ***What Are The Penalties to the Passenger For Failing To Comply
    With PETS?***

-   In egregious cases of noncompliance such as concealing and smuggling
    an animal not vaccinated against rabies, or for repeated failures to
    have the necessary treatments and tests performed and certified, a
    passenger may be prosecuted by the local British authorities and be
    subject to a penalty of up to £5,000 (approximately \$9,890 in early
    January 2007).

**GLOSSARY**

ACAA -- Air Carrier Access Act: U.S. legislation prohibiting
discrimination on the basis of disability by both U.S. and foreign
carriers in providing air transportation services.

ARC -- Animal Reception Center: A facility at an airport for receiving
and inspecting animals arriving in the U.K. from an EU or third country
to ensure their compliance with EU and domestic regulations on animal
health.

CAA -- U.K. Civil Aviation Authority

Community -- A collective term referring to those countries that
comprise the European Union.

DEFRA -- U.K. Department for Environment, Food and Rural Affairs

Direct conflict of law -- A contradiction between a requirement of the
ACAA and an applicable provision of the law of a foreign nation,
precluding compliance with both.

FAA -- U.S. Federal Aviation Administration

IATA -- International Air Transport Association

ISO -- International Standards Organization

(EC) No. 425/2005 -- European Union regulation amending the list of
third countries from which the movement of pet animals into the
Community may be authorized.

(EC) No. 998/2003 - European Union regulation on the animal health
requirements applicable to the non-commercial movement of pet animals
between member states and from listed third countries. The regulation
allows the U.K. to broadly continue with its domestic Pet Travel Scheme
for cats and dogs. Conditions for the entry of ferrets into member
states from other member states and from listed third countries come
directly within the scope of this regulation.

Listed Country -- A country listed in (EC) No. 425/2005, from which the
movement of pet animals into a European Community member state may be
authorized, provided that certain requirements are met.

Member State -- A country that is a member of the European Union.

NCMPAR 2004 -- Non-Commercial Movement of Pet Animals (England)
Regulations 2004: U.K. legislation implementing and enforcing the EU
regulation EC 998/2003.

PART 382 -- Nondiscrimination on the Basis of Disability in Air Travel:
U.S. regulation implementing the Air Carrier Access Act, which presently
does not by its terms address foreign carriers except with respect to
disability reporting requirements.

Participating airport -- An airport having an animal reception center
approved by DEFRA to receive animals transported into the U.K. by air
from an EU Community country or a listed third country.

Participating carrier -- A carrier whose required method of operation
document (RMOP) has been approved by DEFRA, authorizing it to transport
animals into the U.K. under the Pet Travel Scheme.

Pet Passport - A document that clearly identifies an animal and
officially records the health information necessary under the Pet Travel
Scheme (PETS) to verify its compliance with EU and local animal health
regulations. A pet passport allows animals to travel easily between EU
member countries without undergoing
[quarantine](http://en.wikipedia.org/wiki/Quarantine).

PETS (Pet Travel Scheme) - a regulatory plan administered by the U.K.'s
Department for Environment, Food and Rural Affairs (DEFRA), that allows
certain animals ------ dogs, cats, and as of July 2004, ferrets ------
from certain countries to enter the U.K. without a six-month quarantine
as long as the animals are identified by microchip, vaccinated against
rabies, blood tested (except ferrets), treated against certain
parasites, accompanied by appropriate documentation and transported by
an approved carrier.

Qualified Individual with a Disability - an individual with a disability
who (a) With respect to accompanying or meeting a traveler, use of
ground transportation, using terminal facilities, or obtaining
information about schedules, fares or policies, takes those actions
necessary to avail himself or herself of facilities or services offered
by an air carrier to the general public, with reasonable accommodations,
as needed, provided by the carrier;

\(b\) With respect to obtaining a ticket for air transportation on an
air carrier, offers, or makes a good faith attempt to offer, to purchase
or otherwise validly to obtain such a ticket;

\(c\) With respect to obtaining air transportation, or other services or
accommodations required by 14 CFR Part 382:(1) 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 (2)
Meets reasonable, nondiscriminatory contract of carriage requirements
applicable to all passengers.

Required Method of Operation (RMOP) -- An agreement between a carrier
and DEFRA concerning the procedures the carrier will use to ensure the
proper transport of animals into the U.K. under PETS. This document must
be approved by DEFRA before the carrier can begin PETS participation.

SLA (Service Level Agreement) - An agreement between an ARC and a
carrier that the ARC will verify the PETS compliance status of any
animal arriving at the local airport over one of the carrier's approved
routes.

Issued in Washington, DC, on February 20, 2007.

Samuel Podberesky

Assistant General Counsel for Aviation

Enforcement and Proceedings