SERVICE ANIMAL RULES GOES TO OMB FOR REVIEW
December 23, 2020
On November 4, 2020, the DOT sent the final rule regarding “Traveling by Air With Service Animals” to OMB for review. While it is not yet clear what provisions will be included in the final rule, the proposed rule, issued in February 2020, contained the following provisions:
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Defined “Service Animal” as a “dog that is individually trained to do work or perform tasks for the benefit of a qualified individual with a disability; Psychiatric service animals treated the same as other service animals.
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Carriers would not be required to recognize “emotional support animals” as “service animals” and may limit service animals to dogs.
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Passengers could be required to complete an Animal Air Transportation Health Form, or an Animal Relief Attestation on flights eight hours or longer, as a condition of transportation.
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Carriers would be permitted to limit the number of service animals traveling with a single passenger to two service animals, and require that both fit on their handler’s lap and/or within their handler’s foot space on the aircraft
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Carriers would be permitted to require that a service animal be harnessed, leashed, tethered, or otherwise under the control of its handler
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Carriers would be prohibited from refusing to transport a service animal based solely on breed or generalized physical type, as distinct from an individualized assessment of the animal’s behavior and health.
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Carriers that require a passenger with a disability to check-in at the airport prior to the travel time required for the general public would be required to make an employee available promptly to assist the passenger with the check-in process
OMB has up to 90 days to review the rule.
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