> 4910-62-P

68 FR 24875, May 9, 2003

**DEPARTMENT OF TRANSPORTATION**

Office of the Secretary

14 CFR Part 382

Docket No. OST-2003-15072

**Guidance Concerning Service Animals in Air Transportation**

**AGENCY**: Department of Transportation, Office of the Secretary.

**ACTION**: Guidance Concerning Service Animals in Air Transportation.

**SUMMARY**: This notice publishes a revision to the Department of
Transportation's Guidance Concerning Service Animals in Air
Transportation, originally published in the Federal Register on November
1, 1996 (61 FR 56409, 56420). It is the result of the Department's
review of a September 19, 2002, submission of suggested improvements to
the existing guidance from representatives of the disability community
and the airline industry.

**ADDRESSES**: This guidance document is available on the Department's
Web site at <http://airconsumer.ost.dot.gov/> and future updates or
revisions will be posted there. Questions regarding this notice may be
addressed to the Office of Aviation Enforcement and Proceedings, C-70,
400 7^th^ Street, SW, Washington, DC 20590.

**FOR FURTHER INFORMATION CONTACT**: Damon P. Whitehead, Office of the
General Counsel, Office of Aviation Enforcement and Proceedings, 400
Seventh Street, SW, Washington, DC 20590; (202) 366-1743; fax: (202)
366-7152; E-mail: damon.whitehead@ost.dot.gov.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

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POLICY GUIDANCE CONCERNING SERVICE ANIMALS IN AIR TRANSPORTATION

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In 1990, the U.S. Department of Transportation (DOT) promulgated the
official regulations implementing the Air Carrier Access Act (ACAA).
Those rules are entitled [Nondiscrimination on the Basis of Disability
in Air Travel]{.underline} (14 CFR Part 382). Since then the number of
people with disabilities traveling by air has grown steadily. This
growth has increased the demand for air transportation accessible to all
people with disabilities and the importance of understanding DOT's
regulations and how to apply them. This document expands on an earlier
DOT guidance document published in 1996[^1], which was based on an
earlier Americans with Disabilities Act (ADA) service animal guide
issued by the Department of Justice (DOJ) in July 1996. The purpose of
this document is to aid airline employees and people with disabilities
in understanding and applying the ACAA and the provisions of Part 382
with respect to service animals in determining:

(1) whether an animal is a service animal and its user a qualified
    individual with a disability;

(2) how to accommodate a qualified person with a disability with a
    service animal in the aircraft cabin; and

(3) when a service animal legally can be refused carriage in the cabin.

**Background**

The 1996 DOT guidance document defines a service animal as "any guide
dog, signal dog, or other animal individually trained to provide
assistance to an individual with a disability. If the animal meets this
definition, it is considered a service animal regardless of whether it
has been licensed or certified by a state or local government." This
document refines DOT's previous definition of service animal[^2] by
making it clear that animals that assist persons with disabilities by
providing emotional support qualify as service animals and ensuring
that, in situations concerning emotional support animals, the authority
of airline personnel to require documentation of the individual's
disability and the medical necessity of the passenger traveling with the
animal is understood.

Today, both the general public and people with disabilities use many
different terms to identify animals that can meet the legal definition
of "service animal." These range from umbrella terms such as "assistance
animal" to specific labels such as "hearing," "signal," "seizure alert,"
"psychiatric service," "emotional support" animal, etc. that describe
how the animal assists a person with a disability.

When Part 382 was promulgated, most service animals were guide or
hearing dogs. Since then, a wider variety of animals (e.g., cats,
monkeys, etc.) have been individually trained to assist people with
disabilities. Service animals also perform a much wider variety of
functions than ever before (e.g., alerting a person with epilepsy of
imminent seizure onset, pulling a wheelchair, assisting persons with
mobility impairments with balance). These developments can make it
difficult for airline employees to distinguish service animals from
pets, especially when a passenger does not appear to be disabled, or the
animal has no obvious indicators that it is a service animal. Passengers
may claim that their animals are service animals at times to get around
airline policies that restrict the carriage of pets. Clear guidelines
are needed to assist airline personnel and people with disabilities in
knowing what to expect and what to do when these assessments are made.

Since airlines also are obliged to provide all accommodations in
accordance with FAA safety regulations (see section 382.3(d)), educated
consumers help assure that airlines provide accommodations consistent
with the carriers' safety duties and responsibilities. Educated
consumers also assist the airline in providing them the services they
want, including accommodations, as quickly and efficiently as possible.

**General Requirements of Part 382**

In a nutshell, the main requirements of Part 382 regarding service
animals are:

-   Carriers shall permit dogs and other service animals used by persons
    with disabilities to accompany the persons on a flight. See section
    382.55(a)(1-2).

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-   Carriers shall accept as evidence that an animal is a service animal
    identifiers such as identification cards, other written
    documentation, presence of harnesses, tags or the credible verbal
    assurances of a qualified individual with a disability using the
    animal.

-   Carriers shall permit a service animal to accompany a qualified
    individual with a disability in any seat in which the person sits,
    unless the animal obstructs an aisle or other area that must remain
    unobstructed in order to facilitate an emergency evacuation or to
    comply with FAA regulations.

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-   If a service animal cannot be accommodated at the seat location of
    the qualified individual with a disability whom the animal is
    accompanying, the carrier shall 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, as an alternative to requiring that the animal travel
    in the cargo hold (see section 382.37(c)).

-   Carriers shall not impose charges for providing facilities,
    equipment, or services that are required by this part to be provided
    to qualified individuals with a disability (see section 382.57).

**Two Steps for Airline Personnel**

To determine whether an animal is a service animal and should be allowed
to accompany its user in the cabin, airline personnel should:

1.  Establish whether the animal is a pet or a service animal, and
    whether the passenger is a qualified individual with a disability;
    and then

2.  Determine if the service animal presents either

-   a "direct threat to the health or safety of others," or

-   a significant threat of disruption to the airline service in the
    cabin (i.e. a "fundamental alteration" to passenger service). See
    382.7(c).

**[Service Animals]{.underline}**

***How do I know it's a service animal and not a pet?***

Remember: In most situations [the key is TRAINING.]{.underline}
Generally, a service animal is individually trained to perform functions
to assist the passenger who is a qualified individual with a disability.
In a few extremely limited situations, an animal such as a seizure alert
animal may be capable of performing functions to assist a qualified
person with a disability without individualized training. Also, an
animal used for emotional support need not have specific training for
that function. Similar to an animal that has been individually trained,
the definition of a service animal includes:

> • an animal that has been shown to have the innate ability to assist a
> person with a disability; or
>
> • an emotional support animal.

These five steps can help one determine whether an animal is a service
animal or a pet:

1.  [Obtain credible verbal assurances]{.underline}: Ask the passenger:
    ***"Is this your pet?"*** If the passenger responds that the animal
    is a service animal and not a pet, but uncertainty remains about the
    animal, appropriate follow-up questions would include:

-   ***"What tasks or functions does your animal perform for you?\"***
    or

-   ***"What has it been trained to do for you?"***

-   ***"Would you describe how the animal performs this task (or
    function) for you?"***

> • As noted earlier, functions include, but are not limited to:
>
> A. helping blind or visually impaired people to safely negotiate their
> surroundings;
>
> B. alerting deaf and hard-of-hearing persons to sounds;
>
> C. helping people with mobility impairments to open and close doors,
> retrieve objects, transfer from one seat to another, maintain balance;
> or
>
> D. alert or respond to a disability-related need or emergency (e.g.,
> seizure, extreme social anxiety or panic attack).
>
> • Note that to be a service animal that can properly travel in the
> cabin, the animal need not necessarily perform a function for the
> passenger during the flight. For example, some dogs are trained to
> help pull a passenger's wheelchair or carry items that the passenger
> cannot readily carry while using his or her wheelchair. It would not
> be appropriate to deny transportation in the cabin to such a dog.
>
> • If a passenger cannot provide credible assurances that an animal has
> been individually trained or is able to perform some task or function
> to assist the passenger with his or her disability, the animal might
> not be a service animal. In this case, the airline personnel may
> require documentation (see Documentation below).
>
> • There may be cases in which a passenger with a disability has
> personally trained an animal to perform a specific function (e.g.,
> seizure alert). Such an animal may not have been trained through a
> formal training program (e.g., a "school" for service animals). If the
> passenger can provide a reasonable explanation of how the animal was
> trained or how it performs the function for which it is being used,
> this can constitute a "credible verbal assurance" that the animal has
> been trained to perform a function for the passenger.

2.  [Look for physical indicators on the animal]{.underline}: Some
    service animals wear harnesses, vests, capes or backpacks. Markings
    on these items or on the animal's tags may identify it as a service
    animal. It should be noted, however, that the absence of such
    equipment does not necessarily mean the animal is not a service
    animal.

3.  [Request documentation for service animals other than emotional
    support animals]{.underline}: The law allows airline personnel to
    ask for documentation as a means of verifying that the animal is a
    service animal, but DOT urges carriers not to require documentation
    as a condition for permitting an individual to travel with his or
    her service animal in the cabin unless a passenger's verbal
    assurance is not credible. In that case, the airline may require
    documentation as a condition for allowing the animal to travel in
    the cabin. The purpose of documentation is to substantiate the
    passenger's disability-related need for the animal's accompaniment,
    which the airline may require as a condition to permit the animal to
    travel in the cabin. Examples of documentation include a letter from
    a licensed professional treating the passenger's condition (e.g.,
    physician, mental health professional, vocational case manager,
    etc.)

4.  [Require documentation for emotional support animals]{.underline}:
    With respect to an animal used for emotional support (which need not
    have specific training for that function), airline personnel may
    require current documentation (i.e., not more than one year old) on
    letterhead from a mental health professional stating (1) that the
    passenger has a mental health-related disability; (2) that having
    the animal accompany the passenger is necessary to the passenger's
    mental health or treatment or to assist the passenger (with his or
    her disability); and (3) that the individual providing the
    assessment of the passenger is a licensed mental health professional
    and the passenger is under his or her professional care. Airline
    personnel may require this documentation as a condition of
    permitting the animal to accompany the passenger in the cabin. The
    purpose of this provision is to prevent abuse by passengers that do
    not have a medical need for an emotional support animal and to
    ensure that passengers who have a legitimate need for emotional
    support animals are permitted to travel with their service animals
    on the aircraft. Airlines are not permitted to require the
    documentation to specify the type of mental health disability, e.g.,
    panic attacks.

5.  [Observe behavior of animals]{.underline}: Service animals are
    trained to behave properly in public settings. For example, a
    properly trained guide dog will remain at its owner's feet. It does
    not run freely around an aircraft or an airport gate area, bark or
    growl repeatedly at other persons on the aircraft, bite or jump on
    people, or urinate or defecate in the cabin or gate area. An animal
    that engages in such disruptive behavior shows that it has not been
    successfully trained to function as a service animal in public
    settings. Therefore, airlines are not required to treat it as a
    service animal, even if the animal performs an assistive function
    for a passenger with a disability or is necessary for a passenger's
    emotional well-being.

***What about service animals in training?***

Part 382 requires airlines to allow service animals to accompany their
handlers[^3] in the cabin of the aircraft, but airlines are not required
otherwise to carry animals of any kind either in the cabin or in the
cargo hold. Airlines are free to adopt any policy they choose regarding
the carriage of pets and other animals provided that they comply with
other applicable requirements (e.g., the Animal Welfare Act). Although
"service animals in training" are not pets, the ACAA does not include
them, because "in training" status indicates that they do not yet meet
the legal definition of service animal. However, like pet policies,
airline policies regarding service animals in training vary. Some
airlines permit qualified trainers to bring service animals in training
aboard an aircraft for training purposes. Trainers of service animals
should consult with airlines, and become familiar with their policies.

***What about a service animal that is not accompanying a qualified
individual with a disability?***

When a service animal is not accompanying a passenger with a disability,
the airline\'s general policies on the carriage of animals usually
apply. Airline personnel should know their company's policies on pets,
service animals in training, and the carriage of animals generally.
Individuals planning to travel with a service animal other than their
own should inquire about the applicable policies in advance.

**[Qualified Individuals with Disabilities]{.underline}**[^4]

***How do** **I know if a passenger is a qualified individual with a
disability who is entitled to bring a service animal in the cabin of the
aircraft if the disability is not readily apparent?***

-   Ask the passenger about his or her disability as it relates to the
    need for a service animal. Once the passenger identifies the animal
    as a service animal, you may ask, ***"How does your animal assist
    you with your disability?"*** Avoid the question "What is your
    disability?" as this implies you are asking for a medical label or
    the cause of the disability, which is intrusive and inconsistent
    with the intent of the ACAA. Remember, Part 382 is intended to
    facilitate travel by people with disabilities by requiring airlines
    to accommodate them on an individual basis.

-   Ask the passenger whether he or she has documentation as a means of
    verifying the medical necessity of the passenger traveling with the
    animal. Keep in mind that you can ask but cannot require
    documentation as proof of service animal status UNLESS (1) a
    passenger's verbal assurance is not credible and the airline
    personnel cannot in good faith determine whether the animal is a
    service animal without documentation, or (2) a passenger indicates
    that the animal is to be used as an emotional support animal.

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-   Using the questions and other factors above, you must decide whether
    it is reasonable to believe that the passenger is a qualified
    individual with a disability, and the animal is a service animal.

**[Denying a Service Animal Carriage in the Cabin]{.underline}**

***What do I do if I believe that carriage of the animal in the cabin of
the aircraft would inconvenience non-disabled passengers?***

Part 382 requires airlines to permit qualified individuals with a
disability to be accompanied by their service animals in the cabin, as
long as the animals do not 1) pose a direct threat to the health or
safety of others (e.g., animal displays threatening behaviors by
growling, snarling, lunging at, or attempting to bite other persons on
the aircraft) or 2) cause a significant disruption in cabin service
(i.e. a "fundamental alteration" to passenger service). Inconvenience of
other passengers is not sufficient grounds to deny a service animal
carriage in the cabin; as indicated later in this document, however,
airlines are not required to ask other passengers to relinquish space
that they would normally use in order to accommodate a service animal
(e.g., space under the seat in front of the non-disabled passenger).

*What do I do if I believe that a passenger's assertions about having a
disability or a service animal are not credible?*

-   Ask if the passenger has documentation that satisfies the
    requirements for determining that the animal is a service animal
    (see discussion of "Documentation" above).

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-   If the passenger has no documents, then explain to the passenger
    that the animal cannot be carried in the cabin, because it does not
    meet the criteria for service animals. Explain your airline's policy
    on pets (i.e., will or will not accept for carriage in the cabin or
    cargo hold), and what procedures to follow.

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-   If the passenger does not accept your explanation, avoid getting
    into an argument. Ask the passenger to wait while you contact your
    airline's **[complaint resolution official (CRO)]{.underline}**.
    Part 382 requires all airlines to have a CRO available at each
    airport they serve during all hours of operation. The CRO may be
    made available by telephone. The CRO is a resource for resolving
    difficulties related to disability accommodation.

-   Consult with the CRO immediately, if possible. The CRO normally has
    the authority to make the final decision regarding carriage of
    service animals. In the rare instance that a service animal would
    raise a concern regarding flight safety, the CRO may consult with
    the pilot-in-command. If the pilot-in-command makes a decision to
    restrict the animal from the cabin or the flight for safety reasons,
    the CRO cannot countermand the pilot's decision. This does not
    preclude the Department from taking subsequent enforcement action,
    however, if it is determined that the pilot's decision was
    inconsistent with Part 382.

-   If a passenger makes a complaint to a CRO about a past decision not
    to accept an animal as a service animal, then the CRO must provide a
    written statement to the passenger within 10 days explaining the
    reason(s) for that determination. If carrier personnel other than
    the CRO make the final decision, a written explanation is not
    required; however, because denying carriage of a legitimate service
    animal is a potential civil rights violation, it is recommended that
    carrier personnel explain to the passenger the reason the animal
    will not be accepted as a service animal. A recommended practice may
    include sending passengers whose animals are not accepted as service
    animals a letter within ten business days explaining the basis for
    such a decision.

In considering whether a service animal should be excluded from the
cabin, keep these things in mind:

-   Certain unusual service animals pose unavoidable safety and/or
    public health concerns and airlines are not required to transport
    them. Snakes, other reptiles, ferrets, rodents, and spiders
    certainly fall within this category of animals.

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-   In all other circumstances, each situation must be considered
    individually. Do not make assumptions about how a particular unusual
    animal is likely to behave based on past experience with other
    animals. You may inquire, however, about whether a particular animal
    has been trained to behave properly in a public setting.

• Before deciding to exclude the animal, you should consider and try
available means of mitigating the problem (e.g., muzzling a dog that
barks frequently, allowing the passenger a reasonable amount of time
under the circumstances to correct the disruptive behavior, offering the
passenger a different seat where the animal won't block the aisle.)

**If it is determined that the animal should not accompany the disabled
passenger in the cabin at this time, offer the passenger alternative
accommodations in accordance with Part 382 and company policy (e.g.,
accept the animal for carriage in the cargo hold).**

***What about unusual service animals?***

-   As indicated above, certain unusual service animals, pose
    unavoidable safety and/or public health concerns and airlines are
    not required to transport them. Snakes, other reptiles, ferrets,
    rodents, and spiders certainly fall within this category of animals.
    The release of such an animal in the aircraft cabin could result in
    a direct threat to the health or safety of passengers and
    crewmembers. For these reasons, airlines are not required to
    transport these types of service animals in the cabin, and carriage
    in the cargo hold will be in accordance with company policies on the
    carriage of animals generally.

-   Other unusual animals such as miniature horses, pigs and monkeys
    should be evaluated on a case-by-case basis. Factors to consider are
    the animal's size, weight, state and foreign country restrictions,
    and whether or not the animal would pose a direct threat to the
    health or safety of others, or cause a fundamental alteration
    (significant disruption) in the cabin service. If none of these
    factors apply, the animal may accompany the passenger in the cabin.
    In most other situations, the animal should be carried in the cargo
    hold in accordance with company policy.

**[Miscellaneous Questions]{.underline}**

***What about the passenger who has two or more service animals?***

-   A single passenger legitimately may have two or more service
    animals. In these circumstances, you should make every reasonable
    effort to accommodate them in the cabin in accordance with Part 382
    and company policies on seating. This might include permitting the
    passenger to purchase a second seat so that the animals can be
    accommodated in accordance with FAA safety regulations. You may
    offer the passenger a seat on a later flight if the passenger and
    animals cannot be accommodated together at a single passenger seat.
    Airlines may not charge passengers for accommodations that are
    required by Part 382, including transporting service animals in the
    cargo compartment. If carriage in the cargo compartment is
    unavoidable, notify the destination station to return the service
    animal(s) to the passenger at the gate as soon as possible, or to
    assist the passenger as necessary to retrieve them in the
    appropriate location.

***What if the service animal is too large to fit under the seat in
front of the customer?***

-   If the service animal does not fit in the assigned location, you
    should relocate the passenger and the service animal to some other
    place in the cabin in the same class of service where the animal
    will fit under the seat in front of the passenger and not create an
    obstruction, such as the bulkhead. If no single seat in the cabin
    will accommodate the animal and passenger without causing an
    obstruction, you may offer the option of purchasing a second seat,
    traveling on a later flight or having the service animal travel in
    the cargo hold. As indicated above, airlines may not charge
    passengers with disabilities for services required by Part 382,
    including transporting their oversized service animals in the cargo
    compartment.

Should passengers provide advance notice to the airline concerning
multiple or large service animals?

In most cases, airlines may not insist on advance notice or health
certificates for service animals under the ACAA regulations. However, it
is very useful for passengers to contact the airline well in advance if
one or more of their service animals may need to be transported in the
cargo compartment. The passenger will need to understand airline
policies and should find out what type of documents the carrier would
need to ensure the safe passage of the service animal in the cargo
compartment and any restrictions for cargo travel that might apply
(e.g., temperature conditions that limit live animal transport).

***What if an airline employee or another passenger on board is allergic
or has an adverse reaction to a passenger's service animal?***

Passengers who state they have allergies or other animal aversions
should be located as far away from the service animal as practicable.
Whether or not an individual's allergies or animal aversions are
disabilities (an issue this Guidance does not address), each
individual\'s needs should be addressed to the fullest extent possible
under the circumstances and in accordance with the requirements of Part
382 and company policy.

## [Accommodating Passengers With Service Animals in the Cabin]{.underline}

***How can airline personnel help ensure that passengers with service
animals are assigned and obtain appropriate seats on the aircraft?***

-   Let passengers know the airline's policy about seat assignments for
    people with disabilities. For instance: (1) should the passenger
    request pre-boarding at the gate? or (2) should the passenger
    request an advance seat assignment (a priority seat such as a
    bulkhead seat or aisle seat) up to 24 hours before departure? or (3)
    should the passenger request an advance seat assignment at the gate
    on the day of departure? When assigning priority seats, ask the
    passenger what location best fits his/her needs.

-   Passengers generally know what kinds of seats best suit their
    service animals. In certain circumstances, passengers with service
    animals must either be provided their pre-requested priority seats,
    or if their requested seat location cannot be made available, they
    must be assigned to other available priority seats of their choice
    in the same cabin class. Part 382.38 requires airlines to provide a
    bulkhead seat or a seat other than a bulkhead seat at the request of
    an individual traveling with a service animal.

-   Passengers should comply with airline recommendations or
    requirements regarding when they should arrive at the gate before a
    flight. This may vary from airport to airport and airline to
    airline. Not all airlines announce pre-boarding for passengers with
    special needs, although it may be available. If you wish to request
    pre-boarding, tell the agent at the gate.

-   Unless pre-boarding is not part of your carrier's business
    operation, a timely request for pre-boarding by a passenger with a
    disability should be honored (382.38 (d)).

-   Part 382 does not require carriers to make modifications that would
    constitute an undue burden or would fundamentally alter their
    programs (382.7 (c)). Therefore, the following are [not]{.underline}
    required in providing accommodations for users of service animals
    and are examples of what might realistically be viewed as creating
    an undue burden:

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-   Asking another passenger to give up the space in front of his or her
    seat to accommodate a service animal;

-   Denying transportation to any individual on a flight in order to
    provide an accommodation to a passenger with a service animal;

-   Furnishing more than one seat per ticket; and

-   Providing a seat in a class of service other than the one the
    passenger has purchased.

***Are airline personnel responsible for the care and feeding of service
animals?***

Airline personnel are not required to provide care, food, or special
facilities for service animals. The care and supervision of a service
animal is solely the responsibility of the passenger with a disability
whom the animal is accompanying.

***May an air carrier charge a maintenance or cleaning fee to passengers
who travel with service animals?***

Part 382 prohibits air carriers from imposing special charges for
accommodations required by the regulation, such as carriage of a service
animal. However, an air carrier may charge passengers with a disability
if a service animal causes damage, as long as it is its regular practice
to charge non-disabled passengers for similar kinds of damage. For
example, it could charge a passenger with a disability for the cost of
repairing or cleaning a seat damaged by a service animal, assuming that
it is its policy to charge when a non-disabled passenger or his or her
pet causes similar damage.

**[Advice for Passengers with Service Animals]{.underline}**

-   Ask about the airline's policy on advance seat assignments for
    people with disabilities. For instance: (1) should a passenger
    request pre-boarding at the gate? or (2) should a passenger request
    an advance seat assignment (a priority seat such as a (bulkhead seat
    or aisle seat)) up to 24 hours before departure? or (3) should a
    passenger request an advance seat assignment at the gate on the day
    of departure?

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-   Although airlines are not permitted to automatically require
    documentation for service animals other than emotional support
    animals, if you think it would help you explain the need for a
    service animal, you may want to carry documentation from your
    physician or other licensed professional confirming your need for
    the service animal. Passengers with unusual service animals also may
    want to carry documentation confirming that their animal has been
    trained to perform a function or task for them.

-   If you need a specific seat assignment for yourself and your service
    animal, make your reservation as far in advance as you can, and
    identify your need at that time.

-   You may have to be flexible if your assigned seat unexpectedly turns
    out to be in an emergency exit row. When an aircraft is changed at
    the last minute, seating may be reassigned automatically. Automatic
    systems generally do not recognize special needs, and may make
    inappropriate seat assignments. In that case, you may be required by
    FAA regulations to move to another seat.

-   Arrive at the gate when instructed by the airline, typically at
    least one hour before departure, and ask the gate agent for
    pre-boarding \-- if that is your desire.

-   Remember that your assigned seat may be reassigned if you fail to
    check in on time; airlines typically release seat assignments not
    claimed 30 minutes before scheduled departure. In addition, if you
    fail to check in on time you may not be able to take advantage of
    the airline's pre-board offer.

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-   If you have a very large service animal or multiple animals that
    might need to be transported in the cargo compartment, contact the
    airline well in advance of your travel date. In most cases, airlines
    cannot insist on advance notice or health certificates for service
    animals under the ACAA regulations. However, it is very useful for
    passengers to contact the airline well in advance if one or more of
    their service animals may need to be transported in the cargo
    compartment. The passenger will need to understand airline policies
    and should find out what type of documents the carrier would need to
    ensure the safe passage of the service animal in the cargo
    compartment and any restrictions for cargo travel that might apply
    (e.g., temperature conditions that limit live animal transport).

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-   If you are having difficulty receiving an appropriate accommodation,
    ask the airline employee to contact the airline's **[complaint
    resolution official (CRO)]{.underline}**. Part 382 requires all
    airlines to have a CRO available during all hours of operation. The
    CRO is a resource for resolving difficulties related to disability
    accommodations.

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-   Another resource for resolving issues related to disability
    accommodations is the U.S. Department of Transportation's aviation
    consumer disability hotline. The toll-free number is 1-800-778-4838
    (voice) and 1-800-455-9880 (TTY).

**Glossary**

***Direct Threat to the Health or Safety of Others***

A significant risk to the health or safety of others that cannot be
eliminated by a modification of policies, practices, or procedures, or
by the provision of auxiliary aids or services.

***Fundamental Alteration***

A modification that substantially alters the basic nature or purpose of
a program, service, product or activity.

***Individual with a Disability***

"Any individual who has a physical or mental impairment that, on a
permanent or temporary basis, substantially limits one or more major
life activities, has a record of such an impairment, or is regarded as
having such an impairment." (Section 382.5).

***Qualified Individual with a Disability***

Any individual with a disability who:

(1) "takes those actions necessary to avail himself or herself of
    facilities or services offered by an air carrier to the general
    public with respect to accompanying or meeting a traveler, use of
    ground transportation, using terminal facilities, or obtaining
    information about schedules, fares or policies";

(2) "offers, or makes a good faith attempt to offer, to purchase or
    otherwise validly to obtain . . . a ticket" "for air transportation
    on an air carrier"; or

(3) "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 meets reasonable, nondiscriminatory
    contract of carriage requirements applicable to all passengers."
    (Section 382.5).

***Service Animal***

Any animal that is individually trained or able to provide assistance to
a qualified person with a disability; or any animal shown by
documentation to be necessary for the emotional well being of a
passenger.

**[Sources]{.underline}**

*See:* 14 CFR 382.5**,** 14 CFR 382.37(a) and (c), 14 CFR 382.38 (a)(3),
(b), (d) & (h)-(j), 14 CFR 382.55(a)(1)-(3), 14 CFR 382.57, "Guidance
Concerning Service Animals in Air Transportation," (61 FR 56420-56422,
(November 1, 1996)), "Commonly Asked Questions About Service Animals in
Places of Business" (Department of Justice, July, 1996), and "ADA
Business Brief: Service Animals" (Department of Justice, April 2002).

Questions regarding this notice may be addressed to the Office of
Aviation Enforcement and Proceedings, C-70, 400 7^th^ Street, SW,
Washington, D.C. 20590. A copy of this notice will be published in the
Federal Register.

An electronic version of this document is available on the World Wide
Web at [http://airconsumer.ost.dot.gov](http://airconsumer.ost.dot.gov/)

Issued in Washington, DC on May 2, 2003.

Samuel Podberesky,

Assistant General Counsel for Aviation Enforcement and Proceedings

[^1]: 61 FR 56409, 56420 (Nov. 1, 1996).

[^2]: See Glossary for definition of this and other terms.

[^3]: Service animal users typically refer to the person who accompanies
    the animal as the "handler."

[^4]: See Glossary.