8268 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

compliance with FAA directives. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. 

The Rule 

This rule amends Title 14 Code of 

Federal Regulations part 71 by 

establishing a Class E airspace area 

extending upward from 700 feet above 

the surface at Potosi Washington County 

Airport, MO. The establishment of Area 

Navigation (RNAV) Global Positioning 

System (GPS) Instrument Approach 

Procedures (IAP) to Runways 2 and 20 

have made this action necessary. The 

intended effect of this action is to 

provide adequate controlled airspace for 

Instrument Flight Rules operations at 

Potosi Washington County Airport, MO. 

The area will be depicted on 

appropriate aeronautical charts. 

Class E airspace areas extending 

upward from 700 feet or more above the 

surface of the earth are published in 

Paragraph 6005 of FAA Order 7400.9P, 

Airspace Designations and Reporting 

Points, dated September 1, 2006, and 

effective September 15, 2006, which is 

incorporated by reference in 14 CFR 

71.1. of the same Order. The Class E 

airspace designation listed in this 

document will be published 

subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation—(1) 

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority 

since it contains aircraft executing 

instrument approach procedures to 

Potosi Washington County Airport, MO. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9P, dated 

September 1, 2006, and effective 

September 15, 2006, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE MO E5 Potosi, MO 

Potosi, Washington County Airport, MO 

(Lat. 37°55′45′′ N., long. 90°43′53′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Potosi, Washington County Airport, 

MO. 

* * * * * 

Issued in Fort Worth, TX, on February 14, 

2007. 

Walter Tweedy, 

Manager, System Support Group, ATO 

Central Service Area. 

[FR Doc. 07–805 Filed 2–23–07; 8:45 am] 

BILLING CODE 4910–13–M 

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: Office of the Secretary, 

Department of Transportation (DOT). 

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 Web site 

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, SW., Room 

4116, Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Blank Riether, Attorney, Office 

of the Assistant General Counsel for 

Aviation Enforcement and Proceedings, 

400 Seventh Street, SW., Washington, 

DC 20590; (202) 366–9342; e-mail 

kathleen.blankriether@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 


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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 sixmonth 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 PETScompliant 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 21st Century (AIR–21), Pub. 

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 DEFRAapproved 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 Web 

site 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 PETScompliant 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 


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8270 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

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 nonU.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 PETScompliant 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 

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. 

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 

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. 

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 PETSCompliant? 

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 

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 

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, 


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Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8271 

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 PETScompliant 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 PETScompliant 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 PETScompliant 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 sixmonth quarantine of the animal upon 

entry to the U.K. 

d. For further information on import 

licensing and quarantine procedures, 

see DEFRA’s Web site 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, 


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8272 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

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 PETScompliant 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 FR 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 Web 

site.) 

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. 

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 PETScompliant 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: 

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. 

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 


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Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8273 

DEFRA by contacting 

quarantine@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 Web site at 

http://www.defra.gov.uk/animalh/ 

quarantine/pets/procedures/supportinfo/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 (pointto-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 PETScompliant 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 

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 


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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 CheckIn 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. 

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.? 

a. The FODCOM, which is mandatory 

for U.K. carriers and guidance for nonU.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. 

7. 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 PETScompliant and must be treated after 

arrival, placed in temporary quarantine 

for up to six months, or removed from 

the country. 

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.? 

• 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 PETScompliant 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. 


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9. May Carriers Require Passengers to 

Contact the ARC for Confirmation That 

Their PETS Documentation is in Order? 

• 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. 

10. 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. 

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 PETScompliant service animals in the cargo 

hold. Non-U.K. carriers having an 

approved RMOP may transport PETScompliant 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 reentry 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 PETScompliant 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 


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8276 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

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 PETScompliant, 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 Web site at http:// 

www.defra.gov.uk/animalh/quarantine/ 

pets/procedures/owners.htm for 

detailed current 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 sixmonth 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 noncommercial 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. 

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 


ycherry on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8277 

1Energy Policy Act of 2005, Pub. L. 109–58, 119 

Stat. 594 (2005). 

2Repeal of the Public Utility Holding Company 

Act of 1935 and Enactment of the Public Utility 

Holding Company Act of 2005, Order No. 667, 70 

FR 75592 (Dec. 20, 2005), FERC Stats. & Regs. 

¶ 31,197 (2005). 

3Repeal of the Public Utility Holding Company 

Act of 1935 and Enactment of the Public Utility 

Holding Company Act of 2005, Order No. 667–A, 

71 FR 28446 (May 16, 2006), FERC Stats. & Regs. 

¶ 31,213 (2006). 

4Repeal of the Public Utility Holding Company 

Act of 1935 and Enactment of the Public Utility 

Holding Company Act of 2005, Order No. 667–B, 71 

FR 42750 (July 28, 2006), FERC Stats. & Regs. 

¶ 31,224 (2006). 

5 18 CFR 366.3(c)(1). 

6Order No. 667–A, FERC Stats. & Regs. ¶ 31,213 

at P 28. 7Order No. 667–B, FERC Stats. & Regs. ¶ 31,224 

at P 20. 8U.S.C. 79c(a); see 15 U.S.C. 79z–5a and 79z–5b. 

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. 

[FR Doc. E7–3195 Filed 2–23–07; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 365 and 366 

[Docket No. RM05–32–003, Order No. 667–

C] 

Repeal of the Public Utility Holding 

Company Act of 1935 and Enactment 

of the Public Utility Holding Company 

Act of 2005 

Issued February 20, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final order; order denying 

rehearing. 

SUMMARY: By this order, the Federal 

Energy Regulatory Commission denies 

rehearing of Order No. 667–B. Order No. 

667–B addressed requests for 

clarification and rehearing of prior 

orders that implemented repeal of the 

Public Utility Holding Company Act of 

1935 and enactment of the Public Utility 

Holding Company Act of 2005. 

DATES: Effective Date: This order is 

effective on March 28, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Greenfield (Legal 

Information), Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426, 

(202) 502–6415. 

Laura Wilson (Legal Information), 

Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502–

6128. 

James Guest (Technical Information), 

Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502–

6614. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Joseph T. 

Kelliher, Chairman; Suedeen G. Kelly, 

Marc Spitzer, Philip D. Moeller, and Jon 

Wellinghoff. 

Subtitle F of Title XII of the Energy 

Policy Act of 2005 (EPAct 2005) 

repealed the Public Utility Holding 

Company Act of 1935 (PUHCA 1935) 

and enacted the Public Utility Holding 

Company Act of 2005 (PUHCA 2005).1

In Order No. 667, the Federal Energy 

Regulatory Commission (Commission) 

issued regulations to implement Subtitle 

F.2 In Order No. 667–A, the Commission 

denied rehearing in part and granted 

rehearing in part of Order No. 667.3 In 

Order No. 667–B, the Commission 

granted clarification in part, denied 

rehearing in part and granted rehearing 

in part of Order No. 667–A.4 In the 

present order, we deny rehearing of 

Order No. 667–B. 

1. American Public Power Association 

together with National Rural Electric 

Cooperative Association (APPA/ 

NRECA) and Florida Municipal Power 

Agency together with Seminole Electric 

Cooperative, Inc. (FMPA/Seminole) 

raise one issue on rehearing of Order 

No. 667–B: whether PUHCA 2005’s 

accounting, record retention and 

reporting requirements should apply to 

a holding company system whose 

traditional utility operations are 

confined substantially to one state but 

that holds significant interests in out-ofstate exempt wholesale generators 

(EWGs), foreign utility companies 

(FUCOs), and qualifying facilities (QFs). 

They assert that these requirements 

should apply because, they claim, 

regulators would not otherwise have 

access to relevant accounts and records 

and therefore would be unable to 

prevent inappropriate crosssubsidization or other misallocations of 

costs within the holding company 

system. We deny rehearing as discussed 

below. 

Background 

2. Under the Commission’s 

regulations under PUHCA 2005, a 

‘‘single-state holding company system’’

is eligible for waiver of the 

Commission’s PUHCA 2005 accounting, 

record retention and reporting 

requirements.5 In Order No. 667–A, the 

Commission defined ‘‘single-state 

holding company system’’ as a system 

that derives no more than 13 percent of 

its ‘‘public-utility company’’ revenues 

from outside a single state.6 In Order 

No. 667–B, the Commission clarified 

that revenues from EWGs, FUCOs or 

QFs do not constitute public-utility 

company revenues for purposes of 

determining status as a single-state 

holding company system.7 As a result, 

a single-state holding company system 

as defined in Order Nos. 667–A and 

667–B may hold interests in EWGs, 

FUCOs and QFs without, by virtue of 

those interests, being subject to the 

Commission’s PUHCA 2005 accounting, 

record retention and reporting 

requirements. 

3. The Commission reasoned that this 

approach follows the approach taken 

under section 3(a) of PUHCA 1935, 

which exempted a holding company 

from plenary oversight under PUHCA 

1935 if the holding company’s 

traditional utility operations were 

largely confined to one state.8 The 

exemption in section 3(a) reflected 

Congress’ assessment that other state 

and federal corporate and rate 

regulation was sufficient to protect 

against abuse in those circumstances. 

Further, the 13 percent standard 

adopted by the Commission in Order 

Nos. 667–A and B to determine who 

qualifies for the single state holding 

company waiver was the same standard 

applied by the SEC under PUHCA 1935, 

thus resulting in no more onerous 

regulatory requirements than those in 

place under PUHCA 1935. In Order No. 

667–B, the Commission found that other 

state and federal regulation continues to 

be sufficient to protect against abuse, 

without subjecting a holding company 

system to the Commission’s PUHCA 

2005 accounting, record retention and 


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