u.s. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

October 20, 2009 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Certified Mail - Return Receipt Requested 

Mr. George U. Carneal 

Counsel for Air Jamaica Limited 

Hogan & Hartson LLP 

Columbia Square 

555 Thirteenth Street, N.W., Suite 100 

Washington, D.C. 20004 

Dear Mr. Carneal: 

Re: Conflict of Law Waiver Determination 

Request Concerning Provisions in 

14 CFR 382.117 

This letter concerns Air Jamaica Limited's (Air Jamaica) May 7, 2009, request for a conflict of 

law waiver under section 382.9 of the Department of Transportation's (Department) Air Carrier 

Access Act (ACAA) regulation, 14 CFR Part 382. The provisions of Part 382 for which relief is 

requested are section 382.117 and "any other section of Part 382 requiring the transportation of 

service dogs" accompanying passengers with disabilities. The carrier limits its request for a 

conflict of law waiver from these sections only to flights from the United States (U.S.) into 

Jamaica and Barbados. Although Air Jamaica specifically cites a conflict with section 382.117, 

it appears that this waiver request pertains to sections 382.117(a) through 382.117(f)\, but not to 

\ The following is a summary of the key provisions of the Part 382 sections involved with this request: 

Section 382.ll7(a) generally requires carriers to pennit a service animal to accompany a person with a disability. 

Section 382.117(b) requires carriers to permit a service animal to accompany a passenger with a disability in any 

seat in which the passenger sits unless the animal obstructs an aisle or other area used to facilitate an emergency 

evacuation. 

Section 382.ll7(c) requires carriers, if a service animal cannot be accommodated at the seat location of a passenger 

with a disability using the animal, to offer the passenger an opportunity to move with the animal to another seat 

location, if present on the aircraft, where the animal can be accommodated. 

Section 382.117( d) requires carriers to accept identification cards, other written documentation, presence of 

harnesses, tags, or the credible verbal assurances of a qualified individual with a disability using the animal. 

Section 382.ll7(e) permits a carrier to refuse transportation to an emotional support or psychiatric service animal 

unless the passenger provides current documentation from a licensed mental health professional caring for the 

passenger. The letter should indicate the issue date and jurisdiction of the professional'S license and that the 

passenger has a recognized mental or emotional disability and that the passenger needs the animal as an 

accommodation for air travel and/or for activity at the passenger's destination. 
2 

sections 382.117(g), 382.117(h), and 382.117(i).2 Other requirements of Part 382 addressing 

service animals (e.g., the advance notice provisions in sections 382.27(c)(8) and 382.27(c)(9» 

pertain to the manner in which service animals and their owners are to be accommodated and are 

not applicable in the context of Air Jamaica's request for country-specific waivers from the 

general obligation to transport service animals. We are granting Air Jamaica's conflict of law 

waiver request from sections 382.117(a) through 382.117(f) with respect to flights from the U.S. 

to Jamaica and Barbados for the reasons described below. 

Section 382.9 states that a foreign air carrier may request a conflict of law waiver from the 

Department if the carrier believes that a provision of the law of a foreign nation precludes the 

carrier from complying with a provision of Part 382. Air Jamaica asserts a conflict of law 

between section 382.117 and Regulation 10 of Jamaica's Animal Diseases (Importation) Control 

Regulations, 1948, which states "[n]o dog or cat shall be imported into the Island unless such 

dog or cat is imported directly from one of the countries specified in Part I of the First 

Schedule." Part I of the First Schedule lists Great Britain, Northern Ireland and Eire. The carrier 

notes that there are no exceptions for any kind of service dogs. The carrier also asserts a conflict 

between section 382.117 and Regulation 11 of Barbados' Animals (Diseases and Importation 

Control) Regulations, 1961, which states "[n]o dog or cat shall be imported into the Island except 

directly from countries specified in the Third Schedule to these regulations." Although Barbados 

now permits direct importation of animals from a number of countries in addition to those listed 

in the Third Schedule, the United States is not among the countries from which the importation 

of dogs and cats is permitted. Again the carrier notes that, like the Jamaican regulation, the 

Barbadian regulation has no exceptions for any kind of service dogs. Air Jamaica stresses that 

the cited regulations of both countries are legally binding mandates applicable to all carriers and 

passengers traveling to Jamaica and Barbados. The carrier further contends that there is no 

action it can take pursuant to Jamaican or Barbadian laws that would enable it to legally transport 

service dogs from the U.S. to a Jamaican or Barbadian airport. 

Aside from flights into Jamaica and Barbados from the U.S., Air Jamaica indicates its intention 

to otherwise comply with the requirements of section 382.117 to the maximum extent possible, 

including the transportation of service dogs on flights to the U.S. from Jamaica and Barbados 

and between the U.S. and countries that do not impose "prohibitive animal importation or 

quarantine rules." With respect to service animals not accepted for transportation on flights from 

the U.S. to Jamaica and to Barbados, the carrier acknowledges its obligation and intent to 

provide a written explanation of such denials to the passenger in accordance with section 

382.117(g). 

2 Section 382.1 17(g) requires a carrier, whenever it decides not to accept a service animal, to explain the reason to 

the passenger, document it in writing, and provide a copy to the passenger within 10 calendar days of the incident. 

Section 382.117(h) requires carriers to promptly take all steps necessary to comply with foreign regulations needed 

to legally transport service animals on flights from the U.S. into a foreign airport. 

Section 382.117(i) states that guidance on the transport of service animals is found in the preamble to the rule and 

guidance on the legal transport of service animals into the U.K. is found in 72 FR 8268-8277, (February 26,2007). 
3 

For purposes of this conflict of laws analysis, the Department assumes that the term 

"importation" as used in both the Jamaican and Barbadian regulations essentially means 

"transportation". The Department finds that the cited regulations of Jamaica and Barbados 

directly conflict with the requirements of sections 382.117(a) through (f) in that both exclude the 

United States from the schedules of designated countries from which the transportation of dogs 

into Jamaica and Barbados is permitted. Furthermore, neither set of regulations appears to 

provide any mechanism whereby Air Jamaica could obtain permission to legally transport dogs 

from the U.S. into Jamaica or Barbados. Therefore, we are granting Air Jamaica's request for a 

waiver from sections 382.1 17(a) through 382.1 17(f) for flights from the U.S. to Jamaica or to 

Barbados only. Flights from Jamaica and Barbados to the U.S., as well as flights between the 

U.S. and countries other than Jamaica and Barbados, remain subject to those rules. We note, 

however, in the event that either the Jamaican or Barbadian government revises its regulations to 

permit the legal transportation of service dogs into their countries from the United States, this 

waiver will no longer be valid with respect to the country involved. 

If you have any questions about this matter, please contact Kathleen Blank Riether, of my staff, 

or me at (202) 366-9342. You may also reach us by fax at (202) 366-7152. 

Sincerely, 

~ Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings