Guidance Concerning the Carriage of Service Animals in Air Transportation Into the United Kingdom, 8268-8277 [E7-3195]

Agencies

• Office of the Secretary
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Rules and Regulations]
[Pages 8268-8277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3195]


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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.

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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 https://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

[[Page 8269]]

February 2000, all animals traveling into the U.K. were subject to 
quarantine for six months. From February 2000 to April 2004, U.K. law 
allowed certain animals to enter the U.K. without a six-month 
quarantine, but required, among other things, that they travel in a 
sealed kennel on flights into the U.K. In April 2004, U.K. laws were 
changed to remove the requirement that dogs and cats meeting the 
requirements of the U.K.'s Pet Travel Scheme (PETS) must be transported 
in a sealed kennel when traveling by air into the U.K. Consequently, 
airlines could seek approval to legally transport PETS-compliant 
animals in the aircraft passenger cabin for the first time, opening the 
door for carriers to comply with many of the U.S. service animal 
requirements on flights into the U.K.
    U.S. service animal requirements are based on the ACAA, which was 
enacted in 1986 to prohibit U.S. carriers from discriminating against 
air travelers on the basis of disability. The ACAA was amended in 2000, 
by the Wendell H. Ford Aviation Investment and Reform Act for the 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 
https://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l--204/l--
20420060726en00010009.pdf.
    Following the adoption of the 2003 EU regulation, the U.K. 
Parliament passed the Non-Commercial Movement of Pet Animals (England) 
Regulations 2004 No. 2363 (NCMPAR 2004), which became effective on 
October 1, 2004, implementing and enforcing the EU regulation in 
England only. The other regions within the U.K., Scotland, Wales and 
Northern Ireland, each have their own PETS regulations. However, as of 
January 1, 2007, the only DEFRA-approved routes for service animals to 
enter the U.K. from the U.S. are into England, primarily through the 
London Gatwick and London Heathrow airports.
    NCMPAR 2004 outlines the responsibilities and conditions that 
carriers and passengers must meet to comply with the EU and U.K. 
regulations with respect to the transport of dogs, cats and ferrets 
into England. Carriers seeking approval to participate in PETS must 
submit written procedures to DEFRA for transporting these animals into 
England from listed countries on specific routes in accordance with 
NCMPAR 2004. Listed countries, which include the U.S., are those from 
which the movement of animals into the EU Community under the Pet 
Travel Scheme may be authorized, provided that certain requirements are 
met, under regulation (EC) No. 425/2005. See DEFRA's Web site for 
listed and non-listed countries at https://www.defra.gov.uk/animalh/
quarantine/pets/regulation/eu_reg.htm.
    Passengers wishing to transport dogs, cats and ferrets into England 
and U.K. airports that opt to accept such animals also have 
responsibilities that they must meet. Passengers are obliged to take 
specific steps to ensure their animals meet PETS health requirements 
before entering the U.K. U.K. airports must establish an onsite DEFRA-
approved animal reception center (ARC) facility in order to participate 
in PETS. An animal reception center is a facility located at the 
airport and operated by a public or private sector organization for the 
purpose of verifying the PETS compliance status of animals arriving on 
flights into the U.K. before they deplane or are removed from the cargo 
area. Animals found not to be PETS-compliant are detained at the ARC 
until they can be transferred to a quarantine facility or removed from 
the country.
    Although PETS now allows dogs, cats, and ferrets to enter the U.K. 
without a six-month quarantine and without being sealed in a kennel, 
from February 2000 to April 2004, PETS required the animals to travel 
in a sealed kennel on flights into England. Given the space constraints 
in the aircraft cabin, participating carriers (i.e., carriers approved 
by DEFRA for transporting PETS-compliant animals) would only transport 
such kennels in the cargo hold of the aircraft. This restriction 
discouraged persons with disabilities

[[Page 8270]]

from traveling from the U.S. to the U.K. with a service animal because 
the passenger necessarily would be separated from his or her service 
animal during flight. Separating a service animal from the passenger 
with a disability can impair the passenger's ability to function 
independently when the animal is unavailable to perform a vital task 
(e.g., navigation, mobility assistance, seizure alert, etc.). The 
disability community also advises that separation can create stress on 
the service animal, affecting its ability to perform necessary tasks 
for its owner when the service animal and its user reconnect.
    With the PETS amendment of April 2004, participating carriers were 
in a position to seek DEFRA approval to transport PETS-compliant 
animals accompanied by their owners in the passenger cabin of aircraft 
on approved routes into England. This substantive change in the PETS 
order then prompted the U.K.'s Civil Aviation Authority (CAA) to issue 
a Flight Operations Department Communication (FODCOM) on March 11, 
2005, addressing cabin safety considerations concerning the carriage of 
guide and assistance dogs in the aircraft cabin. Besides defining the 
criteria for the acceptance of guide and assistance dogs qualifying for 
carriage in the passenger cabin, the FODCOM explained that all other 
animals should be treated as pets and that other arrangements be made 
for their transport. See Carriage of Guide Dogs and Assistance Dogs in 
the Aircraft Cabin, FODCOM 3/2005 (March 11, 2005). The CAA has 
informed DOT that compliance with FODCOM provisions, which interpret 
U.K. safety regulations, is mandatory for all U.K. carriers.
    In sum, these changes to EU and U.K. law have allowed individual 
carriers to modify their policies and procedures and obtain DEFRA 
approval to carry guide and assistance dogs in the passenger cabin. In 
addition, to comply with the ACAA and Part 382, U.S. carriers operating 
flights from the U.S., or any other listed country, into the U.K. must 
obtain DEFRA approval to transport all PETS-compliant animals that 
serve as service animals in the cabin on approved routes into any 
participating U.K. airport (i.e., approved by DEFRA to receive animals 
coming into the U.K.) served by the carrier. (See GLOSSARY for the 
definition of ``listed country.'') It is the position of the 
Enforcement Office that the ACAA itself imposes the same obligation on 
non-U.K. foreign carriers for flights from the U.S. into the U.K. 
Similarly, it is the position of the Enforcement Office that the ACAA 
itself requires U.K. carriers to obtain DEFRA approval to transport 
PETS-compliant guide and assistance dogs in the cabin and all other 
PETS-compliant animals that serve as service animals in the cargo hold 
in accordance with FODCOM 3/2005, which is mandatory for such carriers.

Guidance Concerning the Carriage of Service Animals in Air 
Transportation From the United States to the United Kingdom

List of Sections

A. Overview

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 PETS-Compliant?
4. What Costs and Fees Must a Passenger Pay To Bring a Service 
Animal Into The U.K.?
5. What Are the Penalties to the Passenger for Failing To Comply 
With PETS?

Glossary

A. Overview

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,

[[Page 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 PETS-compliant service 
animals consistent with U.S. and U.K. law.

3. What Service Animals May Accompany a Passenger With a Disability on 
Flights Into the U.K.?

    a. U.S. carriers, under sections 382.55(a)(1) and (2), are required 
to permit service animals used by individuals with a disability to 
accompany the person in the aircraft passenger cabin in accordance with 
applicable safety regulations. It is the Enforcement Office's position 
that this requirement also applies under the ACAA to foreign carriers 
operating to and from the U.S. absent a direct conflict of law.
    b. U.S. regulatory guidance generally defines as service animals 
those animals that are individually trained to perform functions to 
assist passengers who are qualified individuals with a disability, but 
recognizes that an emotional support animal or an animal such as a 
seizure alert animal may be capable of performing functions to assist a 
qualified individual with a disability without formal training 
regarding the assistance it performs. Similarly under DOT guidance, a 
service animal is (i) An animal individually trained to perform a 
function and which performs that function to assist a person with a 
disability; (ii) an animal that has been shown to have the innate 
ability to assist a person with a disability, e.g., a seizure alert 
animal; or (iii) an emotional support animal. Regardless of the 
function it performs to assist a passenger with his or her disability, 
a service animal should be trained to behave properly in the airport 
and in the passenger cabin (e.g., not to run around freely, bark, bite 
other persons, or urinate in the cabin). Improper behavior indicating a 
lack of training may result in the service animal legitimately being 
denied transport in the cabin.
    c. Under FODCOM 3/2005, which interprets U.K. safety regulations, 
only guide and assistance dogs may accompany their owners in the 
passenger cabin on a flight. The FODCOM defines guide and assistance 
dogs as dogs trained by an individual or organization accepted by and 
affiliated with the International Guide Dog Federation to provide 
assistance to a person with a disability and requires formal 
identification indicating such training. Dogs not meeting the above 
criteria for guide or assistance dogs, as well as cats and ferrets, are 
considered pets and are not recognized as service animals in the U.K., 
even if trained to perform a function to assist a person with his or 
her disability. FODCOM 3/2005, which is mandatory for U.K. carriers and 
guidance for non-U.K. carriers, states that PETS-compliant animals 
other than guide and assistance dogs should be carried in the cargo 
hold.
    d. Under Part 382, U.S. carriers must accept PETS-compliant service 
dogs and service cats for transport in the aircraft cabin on flights 
into the U.K. when they can behave appropriately and can be 
accommodated without violating FAA safety regulations. When not, 
carriers must transport such animals in the cargo hold. It is the 
position of the Enforcement Office that the requirement to transport 
service dogs and service cats also applies to non-U.K. foreign carriers 
under the ACAA on flights from the U.S. to the U.K. It is also the 
position of the Enforcement Office that U.K. carriers, to whom FODCOM 
3/2005 applies, are subject to its requirement to permit only guide and 
assistance dogs in the aircraft cabin. Since U.K. law does not prohibit 
U.S. and non-U.K. foreign carriers from transporting PETS-compliant 
animals in the cabin in accordance with a carrier's approved required 
method of operation (RMOP), these carriers must request an approved 
RMOP for transporting PETS-compliant service dogs and service cats in 
the cabin in order to comply with the ACAA and Part 382. (For further 
explanation of an RMOP, see ``What Steps Must a Carrier Take To Obtain 
DEFRA Approval To Participate in PETS?'')
    e. Although ferrets may be accepted for transport under PETS, U.S. 
regulatory guidance permits carriers to refuse transport to ferrets for 
safety reasons (See ``Under What Circumstances May a Carrier Refuse 
Transport to a Service Animal?'')
    f. Under section 382.57, U.S. carriers may not charge for 
transporting service animals from the U.S. or any listed country to the 
U.K. It is the Enforcement Office's position that this prohibition also 
applies to all foreign carriers under the ACAA on flights from the U.S. 
to the U.K. absent a direct conflict of law. The cost of animal 
inspections and other fees to the passenger that airport animal 
reception centers bill directly to carriers for administrative 
convenience may be charged back to the passenger by the carrier.
    g. Because section 382.55(a) requires that service animals be 
permitted to accompany persons with disabilities on their flights, U.S. 
carriers with routes into participating U.K. airports must also 
participate in PETS so that the aforementioned service animals can 
enter the U.K. in accordance with applicable U.K. laws. Under the ACAA, 
it is the Enforcement Office's position that all foreign carriers 
operating flights from the U.S. to the U.K. must also participate in 
PETS. The Enforcement Office may pursue enforcement action against 
carriers that fail to participate in the U.K.'s Pet Travel Scheme, 
which is a necessary component to accepting service animals 
accompanying passengers with disabilities on flights to the U.K.

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

    a. Due to U.K. law requiring animals that are not PETS-compliant to 
be quarantined or removed from the country and the penalties that may 
result to the carrier for an illegal landing, a service animal for 
which a passenger cannot demonstrate PETS compliance may be denied 
transport.
    b. Carriers have discretion to transport dogs, cats and ferrets 
that are not PETS-compliant into the U.K. under the terms and 
conditions of a U.K. quarantine import license. Dogs, cats and ferrets 
that must be quarantined because they do not meet all PETS requirements 
on the day they enter the UK, but at a later date can be shown to meet 
the necessary PETS requirements, can be released early from the six-
month quarantine.
    c. Carriers may choose to transport other service animals under the 
terms and conditions of a U.K. quarantine import license, which 
includes a six-month quarantine of the animal upon entry to the U.K.
    d. For further information on import licensing and quarantine 
procedures, see DEFRA's Web site at https://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,

[[Page 8272]]

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

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

    a. Under the ACAA and Part 382, carriers may look for indicators to 
confirm that an animal is a service animal either through (1) An ID 
issued by a guide or assistance dog organization or state or local 
government agency; (2) service equipment on the animal such as a 
harness, vest, or side-packs; or (3) the credible verbal assurance of 
the qualified individual with a disability using the animal. Under the 
ACAA and Part 382, any of these observations or procedures may be 
sufficient to make the determination.
    b. Under FODCOM 3/2005, a guide or assistance dog should meet the 
full membership criteria in an accredited organization (e.g., Guide 
Dogs for the Blind Association, Assistance Dogs International, etc.) 
and have formal identification. Therefore, U.K. carriers may require 
passengers to present such identification as a condition for acceptance 
of a guide or assistance dog in the passenger cabin. For other PETS-
compliant animals, U.K. carriers should use as indicators of service 
animal status those defined under the ACAA and Part 382.
    c. U.S. law allows carrier personnel to request documentation for 
service animals other than emotional support animals as a means of 
verifying that the animal is a service animal only in limited 
circumstances. However, the Enforcement Office urges U.S. and foreign 
carriers, in the absence of a conflict of law, not to require 
documentation as a condition for accepting a PETS-compliant dog or cat 
for transport as a service animal in the cabin or the cargo hold unless 
a passenger's verbal assurance is not credible. In that case, the 
airline may require documentation (e.g., a service animal organization 
membership ID). See Notice of Policy Guidance Concerning Service 
Animals in Air Transportation, 68 FR 24,874 (May 9, 2003), available at 
https://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 PETS-compliant 
animals in accordance with applicable DEFRA, CAA and the International 
Air Transport Association (IATA) requirements.
    b. The RMOP for carriage of animals should include all relevant 
details on:
    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

[[Page 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 https://www.defra.gov.uk/animalh/quarantine/pets/procedures/
support-info/assistance-air.htm#noneu for a list of approved routes 
from the U.S. to the U.K.
    b. DEFRA approves a carrier's participation in PETS on a per-
carrier, route-by-route basis. To remain in compliance with the ACAA, 
U.S. carriers must seek approval from DEFRA to participate in PETS on 
all direct routes from the U.S., or any other listed country, to 
participating U.K. airports. Foreign carriers must seek approval from 
DEFRA to participate in PETS on all of its direct routes from the U.S. 
to participating U.K. airports. For example, a carrier that only 
operates direct flights between Dulles International Airport and London 
Heathrow must seek approval for only that route. However, if a U.S. 
carrier operates direct flights from a number of cities to 
participating U.K. airports, it must seek DEFRA approval for all such 
routes.
    c. The carrier's RMOP should be submitted with a list of all routes 
(point-to-point between city pairs) on which it proposes to transport 
service animals in the aircraft cabin and cargo hold.
    d. Although carriers must request approval for all routes they 
operate between the U.S. and participating U.K. airports, they will be 
held responsible under the ACAA and Part 382 for transporting PETS-
compliant service animals only on those routes for which they have 
received approval from DEFRA.

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

    a. It is the passenger's responsibility to obtain the correct 
documentation verifying that his or her service animal is PETS-
compliant, and to present it to the carrier before take off and again 
to the ARC officer upon landing. See ``What Documentation Must Be 
Presented Upon Arrival in the U.K. Demonstrating That a Service Animal 
is PETS Compliant?''
    b. The ARC may require these documents to be faxed to it by the 
passenger up to 14 days before travel to allow sufficient time to 
notify the passenger of any deficiencies in the documentation that must 
be corrected to avoid quarantine of the animal upon landing. Passengers 
should contact the ARC to determine how far in advance the ARC will 
require the documents. Final clearance will be given only after the 
service animal's microchip has been checked and documents have been 
found to be in order by ARC personnel upon the passenger's arrival in 
the U.K.
    c. The carrier's sole responsibilities with respect to PETS 
documentation are (1) To ensure that the passenger is carrying a third 
country official veterinary certificate or an EU pet passport and 
supporting documents upon boarding the aircraft with the animal or when 
checking the animal in as cargo; and (2) to affix these documents to 
the kennel in the manner prescribed by DEFRA for animals transported in 
the cargo hold.

4. What Other Requirements Apply to Carriers?

    a. The carrier must notify the ARC at least 24 hours before the 
scheduled departure of a flight to the U.K. if an animal will be 
onboard. The carrier must comply with this notification requirement or 
be subject to possible prosecution and penalty by local U.K. 
authorities for an illegal landing. (See Veterinary Checks Legislative 
Directive, EU 91/268.) As a best practice, DEFRA and the Enforcement 
Office urge carriers to fax notification to the ARC at the time of 
booking, or at least 72 hours before departure, to ensure that ARC 
staff are available for dispatch to the proper aircraft and/or cargo 
location upon landing.
    b. If the carrier discovers a smuggled animal onboard a flight into 
the U.K., the pilot must ensure that the ARC is notified before 
landing.
    c. Carriers transporting a PETS-compliant service animal in the 
cargo hold must ensure that (1) The animal's kennel meets IATA 
specifications, and (2) the animal's third country official veterinary 
certificate or EU pet passport and supporting documents provided by the 
passenger are affixed to the kennel in the manner prescribed by DEFRA.

5. Are There Penalties for a Carrier's Noncompliance With U.K. 
Regulations?

    a. U.K. regulations require carriers to (1) Obtain approval from 
DEFRA to participate in PETS; (2) comply with the terms and conditions 
of the approval; and (3) notify the ARC at least 24 hours prior to a 
flight's departure to the U.K. that an animal will be onboard.
    b. A carrier that transports an animal into the U.K. without 
meeting any one of the above requirements may be prosecuted for an 
illegal landing and fined up to [pound]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

[[Page 8274]]

insufficient notice to schedule an inspection. Therefore, carriers may 
strongly recommend that passengers with disabilities intending to 
travel with a service animal on a flight from the U.S. to the U.K. 
notify them of their intention when making a reservation, or at the 
latest 72 hours before departure, to avoid the service animal being 
denied boarding. Carriers must inform passengers traveling with a 
service animal, and who make a reservation less than 72 hours before 
departure, that the service animal may be denied boarding if the ARC 
has insufficient time to schedule the required inspection.

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

    a. U.K. regulatory guidance does not limit the number of guide or 
assistance dogs allowed in the passenger cabin on a given flight, but 
the Enforcement Office notes that foreign carriers may wish to take 
into account the safety provisions outlined in the European Joint 
Airworthiness Regulations (JAR-OPS 1.260, Carriage of Persons with 
Reduced Mobility) requiring carriers to ensure that persons with 
disabilities do not occupy seats where their presence could: (1) Impede 
the crew in their duties, (2) obstruct access to emergency equipment, 
or (3) impede the emergency evacuation of the aircraft.
    b. Under Part 382, U.S. carriers may not limit the number of 
service animals allowed in the passenger cabin on any given flight 
except for safety reasons. It is the position of the Enforcement Office 
that the same requirement applies to foreign carriers operating to and 
from the U.S. under the ACAA.
    c. Therefore, carriers may only limit the number of service animals 
in the cabin for legitimate safety reasons.

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

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

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

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

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

    a. U.S. carriers must and foreign carriers should provide a 
bulkhead seat or any other seat consistent with safety regulations, as 
requested by a passenger accompanied by a service dog.
    b. Under Part 382, U.S. carriers must permit a service animal to 
accompany the passenger with a disability at any seat in which the 
person sits unless a legitimate safety reason would preclude it (e.g., 
a dog obstructs an aisle or other area that must remain unobstructed in 
order to facilitate an emergency evacuation). It is the Enforcement 
Office's position that foreign carriers operating to and from the U.S. 
must also provide similar accommodations under the ACAA.
    c. If a service animal cannot be accommodated at the seat location 
of the passenger with a disability, U.S. carriers must and foreign 
carriers should offer the passenger the opportunity to move with the 
animal to a seat location in the same class of service, if present on 
the aircraft, where the animal can be accommodated.

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 non-U.K. carriers, states that as a matter of safety assistance 
dogs should be properly secured by a harness during take-off, landing, 
and turbulence. Accordingly, U.K. carriers may require that passengers 
use a harness to restrain guide and assistance dogs in the cabin on 
flights between the U.S. and U.K. U.S. and non-U.K. foreign carriers, 
unless required by their nation's laws, should not require that a 
harness be used to restrain service animals transported in the 
passenger cabin on flights from the U.S. to the U.K.
    b. Although it is a standard practice by some foreign carriers to 
require that absorbent mats be placed under guide and assistance dogs 
traveling in the aircraft cabin, it is not required by U.K. 
regulations. It is the Enforcement Office's view that carriers may 
require an absorbent mat to be placed under a service animal during 
travel in the cabin, but should not require passengers to provide the 
mat. Carriers that require the use of absorbent mats should have such 
mats available.
    c. Service animals traveling in the cargo hold must be transported 
in kennels that meet specifications for size, construction, etc., set 
forth in IATA's Live Animal Regulations.

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 PETS-compliant 
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 PETS-compliant and for other costs 
(e.g., quarantine charges, treatment fees, etc.), including penalties 
assessed to the passenger by the ARC for failing to ensure the animal 
is PETS-compliant.

[[Page 8275]]

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 PETS-compliant service animals in the cargo hold. Non-U.K. 
carriers having an approved RMOP may transport PETS-compliant dogs, 
cats or ferrets in the cabin or in the cargo hold of the aircraft. 
However, under Part 382, U.S. carriers having an approved RMOP must 
transport PETS-compliant service dogs and service cats in the aircraft 
cabin consistent with FAA safety requirements. It is the position of 
the Enforcement Office that non-U.K. foreign carriers also must 
transport PETS-compliant service dogs and service cats in the aircraft 
cabin on flights into the U.K., consistent with applicable safety 
requirements, unless prohibited by their nation's laws.
    c. Dogs, cats and ferrets that are not PETS-compliant must be 
carried in the cargo hold and are subject to U.K. import licensing 
requirements.
    d. The ACAA and Part 382 leave it to the discretion of carriers to 
accept or reject ferrets as service animals, even for transport in the 
cargo hold.
    e. It is a passenger's responsibility to ensure that his or her 
service animal is fully compliant with PETS requirements. Passengers 
living outside the U.K. must have a licensed veterinarian certify that 
all PETS requirements have been met by completing, signing and date-
stamping a third country official veterinary certificate for domestic 
dogs, cats and ferrets. See the question below ``What Documentation 
Must Be Presented by Passengers Upon Arrival in the U.K. Demonstrating 
That a Service Animal is PETS Compliant?''
    f. The ARC may require that passengers fax the third country 
official veterinary certificate and supporting documents to the ARC up 
to 14 days prior to the date of travel. The ARC may issue a pre-
approval document to the passenger indicating that these documents are 
in order and require that it be presented to the ARC inspector. The 
passenger is responsible for obtaining all documents the particular ARC 
requires for presentation upon landing. The Heathrow ARC can be 
contacted at HARC.GeneralEnq@cityoflondon.gov.uk, 011 44 20 8745 7894 
(telephone) or 011 44 20 8759 3477 (fax). The Gatwick ARC can be 
contacted at animalaircare@btconnect.com, 011 44 12 9346 2180, or 011 
44 12 9366 6841 (fax).
    g. An animal that leaves the aircraft in a non-listed country will 
be refused re-entry into the U.K. under PETS until a new blood test and 
6 month waiting period have elapsed.
    h. Passengers traveling with a service animal should provide notice 
to the carrier at the time the reservation is made or at the latest 72 
hours prior to the flight's departure. This will allow the carrier to 
give the ARC ample notice to plan for the animal's PETS inspection upon 
the flight's arrival in the U.K.
    i. The passenger must present the required documents to airline 
personnel at the gate prior to departure and to ARC personnel upon 
landing in the U.K. before deplaning.
    j. There are costs and fees associated with PETS compliance, all of 
which are paid by the passenger, unless the carrier has voluntarily 
arranged with the ARC to pay the fee for the initial inspection upon 
landing, or the ARC provides initial inspection services free of charge 
(e.g., at the time this guidance was published the London Heathrow ARC 
inspected guide and assistance dogs at no charge). Passengers should 
check with the ARC concerning any fees for which they are responsible 
and acceptable payment methods.
    k. Failing to comply with PETS will result in additional costs to 
the passenger. Egregious or repeated violations may result in 
prosecution and the imposition of fines by the local British 
enforcement authorities.

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

    a. Upon landing in the U.K., a passenger accompanied by a PETS-
compliant service animal must present either a date-stamped third 
country official veterinary certificate, signed by a veterinarian 
licensed by an approved country or an EU pet passport demonstrating 
that the animal has received:
    i. A microchip implant readable by an ISO (International Standards 
Organization)-compatible scanner or by another scanner compatible with 
the implanted microchip provided by the passenger,
    ii. A vaccination against rabies,
    iii. A rabies antibodies blood test (except for ferrets). This test 
must be completed at least six months before the animal's initial entry 
to the U.K. This waiting period applies only once as long as subsequent 
rabies boosters are

[[Page 8276]]

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 https://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l--065/l--
06520040303en00130019.pdf.
    c. For PETS-compliant service animals traveling in the cargo hold, 
the veterinary certificate or pet passport must be presented to the 
carrier at check-in so that the carrier can affix the certificates to 
the kennel in the manner prescribed by DEFRA. If the service animal is 
found not to be PETS-compliant, it may be placed in quarantine for up 
to 6 months or removed from the country, as determined by the ARC.

3. What Specific Steps Must a Passenger Take To Ensure a Service Animal 
Is PETS-Compliant?

     See DEFRA's Web site at https://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 six-month quarantine after a rabies vaccination 
and follow-up blood test, or removing the animal from the country, as 
determined by the ARC.
    c. Any penalties resulting from the illegal landing will be the 
sole responsibility of the passenger, unless it can be shown that the 
carrier made no attempt to check for the required PETS documents when 
accepting the animal for transport or to notify the ARC in advance of 
an animal on board or both.

5. What Are the Penalties to the Passenger for Failing To Comply With 
PETS?

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

Glossary

    ACAA--Air Carrier Access Act: U.S. legislation prohibiting 
discrimination on the basis of disability by both U.S. and foreign 
carriers in providing air transportation services.
    ARC--Animal Reception Center: A facility at an airport for 
receiving and inspecting animals arriving in the U.K. from an EU or 
third country to ensure their compliance with EU and domestic 
regulations on animal health.
    CAA--U.K. Civil Aviation Authority.
    Community--A collective term referring to those countries that 
comprise the European Union.
    DEFRA--U.K. Department for Environment, Food and Rural Affairs.
    Direct conflict of law--A contradiction between a requirement of 
the ACAA and an applicable provision of the law of a foreign nation, 
precluding compliance with both.
    FAA--U.S. Federal Aviation Administration.
    IATA--International Air Transport Association.
    ISO--International Standards Organization.
    (EC) No. 425/2005--European Union regulation amending the list of 
third countries from which the movement of pet animals into the 
Community may be authorized.
    (EC) No. 998/2003--European Union regulation on the animal health 
requirements applicable to the non-commercial movement of pet animals 
between member states and from listed third countries. The regulation 
allows the U.K. to broadly continue with its domestic Pet Travel Scheme 
for cats and dogs. Conditions for the entry of ferrets into member 
states from other member states and from listed third countries come 
directly within the scope of this regulation.
    Listed Country--A country listed in (EC) No. 425/2005, from which 
the movement of pet animals into a European Community member state may 
be authorized, provided that certain requirements are met.
    Member State--A country that is a member of the European Union.
    NCMPAR 2004--Non-Commercial Movement of Pet Animals (England) 
Regulations 2004: U.K. legislation implementing and enforcing the EU 
regulation EC 998/2003.
    PART 382--Nondiscrimination on the Basis of Disability in Air 
Travel: U.S. regulation implementing the Air Carrier Access Act, which 
presently does not by its terms address foreign carriers except with 
respect to disability reporting requirements.
    Participating Airport--An airport having an animal reception center 
approved by DEFRA to receive animals transported into the U.K. by air 
from an EU Community country or a listed third country.
    Participating Carrier--A carrier whose required method of operation 
document (RMOP) has been approved by DEFRA, authorizing it to transport 
animals into the U.K. under the Pet Travel Scheme.
    Pet Passport--A document that clearly identifies an animal and 
officially records the health information necessary under the Pet 
Travel Scheme (PETS) to verify its compliance with EU and local animal 
health regulations. A pet passport allows animals to travel easily 
between EU member countries without undergoing quarantine.
    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

[[Page 8277]]

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