ORDER: 8400.10

 

APPENDIX: 4

 

BULLETIN TYPE: Flight Standards Information Bulletin for Air Transportation (FSAT)

 

BULLETIN NUMBER: FSAT 04-01A

 

BULLETIN TITLE: Location and Placement of Service Animals on Aircraft Engaged in Public Air Transportation.

 

EFFECTIVE DATE: 6/24/04

 

AMENDED DATE: 7/23/04

 

TRACKING: N/A

 

APPLICABILITY: This bulletin applies to operations under part 121 and 135.

 

ORDER: 8400.10

 

APPENDIX: 4

 

BULLETIN TYPE: Flight Standards Information Bulletin

for

Air Transportation (FSAT)

 

BULLETIN NUMBER: FSAT 04-XX01A01-FA03A

 

BULLETIN TITLE: Number of Flight Attendants Required at

Stops Where Passengers Remain Onboard,

14 CFR Sections 121.391 and 121.393.Location and pPlacement of sService aAnimals on aAircraft eEngaged in pPublic aAir tTransportation.

 

 

EFFECTIVE DATE: XXX/XX/XX6/24/04

 

AMENDED DATE: 7/23/045/XX8/01

 

AMENDED DATE: 5/11/01

 

TRACKING: N/A

 

APPLICABILITY: This bulletin applies to operations under part 121, 125, and 135. operations

under part 121.

 

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NOTE: In paragraph 2B(2) of this amended bulletin, the reference to section 121.391 (b)(2) has been corrected to read section 121.393 (b)(2).

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NOTE: This amended bulletin adds further guidance about unusual service animals in paragraphs 4 D and E.

 

 

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1. PURPOSE. This bulletin clarifies the Federal Aviation Administration (FAA) Flight Standards Services safety and enforcement policy regarding the location and placement of service animals, as defined by the Department of Transportation (DOT) in Title 14 of the Code of Federal Regulations (14 CFR) Ppart 382, Nondiscrimination on the Basis of Disability in Air Travelguidance on the number of flight attendants that are required to be on boardonboard an airplane at stops where passengers remain onboard, for all airplanes aircraft operated under 14 CFR Title 14 of the Code of Federal Regulations (14 14 CFR) parts 121, 125 and 135. This bulletin replaces Air Carrier Operations Bulletin (ACOB)
1-94-2, Number of Flight Attendants Required when Aircraft is Parked at the Gate.

 

supplements information contained in Federal Aviation Administration (FAA) Advisory Circular (AC) 120-32, Air Transportation of Handicapped Persons.

 

2. BACKGROUND.

 

A. As early as 1977, the FAA recognized the need for guidance regarding the placement and location of service animals on aircraft. Advisory CircularC 120-32 discusses the placement of guide dogs and states that They should be seated in the first row seat of a section next to the bulkhead where there is more room for the dog. This guidance was issued well before DOT Part 382 was published in 1990. The cCollaborativeon effort of regulatory negotiation among the FAA, the DOT and members of the disabled community that was part ofduring the development of DOT Part 382, ensured that theits requirements of these regulations werewould be consistent with thise AC previously published by the FAA guidance.

 

B. Flight Standards has recently received questions from air carriers, aviation safety inspectors, airline industry representatives and people with service animals regarding compliance with DOT Part 382 Nondiscrimination on the Basis of Disability in Air Travel as it pertains to the location and placement of service animals on aircraft engaged in public air transportation.

 


C. On Mayarch 9, 2003, DOT issued revised guidance regarding the carriage of service animals affecting all transportation modes, including aviation. The FAA, as a modal administration will comply with this guidance. If the FAA believes that additional FAA rulemaking or guidance is necessary, the FAA will commence with those initiativesundertake them, as appropriate. One example of this type of activity is the issuance of this FSAT, which contains Flight Standards safety and enforcement policy regarding the placement and location of service animals accompanying persons with disabilities on aircraft.

 

3. SAFETY REVIEW.

 

A. A review of all available reports regarding commercial aircraft accidents with at least one fatality, in operations under part 121, that occurred between 1/1/1990 and 1/1/2004, contained in the National Transportation Safety Board (NTSB) reporting system, found no references to either a service animals presence on the aircraft or theirits placement or location on the aircraft, to have negatively impacted an aircraft evacuation or a particular individuals emergency egress from an aircraft.

 

B. A review of NTSB Safety Report Survivability of Accidents Involving Part 121 U.S. Air Carrier Operations, 1983 Through 2000(NTSB/SR-01/01), also found no references to either a service animals presence on the aircraft or theirits placement or location on the aircraft, to have negatively impacted an aircraft evacuation or a particular individuals emergency egress from an aircraft.

 

C. In additionSimilarly, a review of the NTSB Safety Study, Emergency Evacuation of Commercial Airplanes (NTSB/SS-00/01), also found no references to either a service animals presence on the aircraft or their placement or location on the aircraft, to have negatively impacted an aircraft evacuation or a particular individuals emergency egress from an aircraft.

 

4. 2. GUIDANCE. The variety of service animals, as well as the services these animals perform, has certainly become larger in scope since the FAAs policy was first published in 1977. However, after a comprehensive review of available NTSB data, the FAA sees no safety issue that compels the FAA to change its long standing safety and enforcement policy regarding placement and location of service animals on aircraft. Therefore, consistent with DOT part 382 requirements:

 

A. In 1985, John Cassady, Assistant Chief Counsel, Federal Aviation Administration (FAA), AGC-200, issued a legal interpretation that stated that during the boarding and deplaning process, all of the flight attendants required by 14 CFR section 121.391(a) must be onboard the aircraft. During deplaning or boarding at all points, including an intermediate stop, the full FAA minimum flight attendant complement must be onboard. The only time the number may be reduced, per 14 CFR

 

 

section 121.393(b) (formerly codified at 14 CFR section section 121.391(e)), is when all remaining on-board passengers are continuing on to the next destination and at a time when no other passengers are deplaning or boarding.

 

 

B. Various communications from Flight Standards and a past rulemaking project on this issue may have contributed to some confusion regarding compliance with the regulation. Flight Standards issued ACOB 1-94-2 in an attempt to clarify Flight Standards policy but it appears that further clarification may be needed. It is the position of Flight Standards that pending any amendment to section 121.393, the current regulations require the following:

 

(1) During the passenger boarding and deplaning phase on each flight, all of the flight attendants required by section 121.391(a) must be on boardonboard the airplane.

 

(2) During an intermediate stop where passengers remain on boardonboard, the number of required flight attendants, or persons trained in emergency procedures as per section 121.3913(b)(2), may be reduced according to section 121.393(b). However, during the deplaning and boarding phase at an intermediate stop where passengers remain on boardonboard, all of the flight attendants required by section 121.391(a) must be on boardonboard the airplane.

A. Placement. A service animal may be placed at the feet of a person with a disability at any bulkhead seat or in any other seat as long as when the animal is seated/placed/curled up on the floor, no part of the animal extends into the main aisle(s)of the aircraft, the service animal is not at an emergency exit seat and the service animal does not extend into the foot space of aanother passenger seated next to the animalnearby who does not wish to share foot space with the service animal.

 

B. Placement of lap held service animals. Lap held service animals (such as a monkey used by a persons with mobility impairments) are discussed in the preamble to DOT Part 382 Nondiscrimination on the Basis of Disability in Air Travel, issued in 1990(FR Vol. 55, No. 44 361990, pg. 8042). They are service animals that need to be in a persons lap to perform a service for that person. This service animal may sit in that persons lap for all phases of flight including ground movement, take off and landing provided that the service animal is no larger than a lap- held child (a child who has not reached theirhis or her second birthday).

 

C. Documentation. One type of service animal is an animal used for emotional support. Thewhose presence of such an animal is found to be medically necessary for the passenger traveling with the animal. Under DOT rules, and outlined clearly in DOT Guidance Concerning Service Animals, published on Mayrch 9, 2003, thean air carrier may require documentation as toregarding the medical need for the presence of thean emotional support animal as a condition of permitting the animal to accompany the passenger in the cabin as a service animal.

 

D. Unusual Service Animals. On May 9, 2003, the Department of Transportation issued Guidance Concerning Service Animals in Air Transportation. Unusual service animals pose unavoidable safety and/or public health concerns and airlines are not required to transport them. Snakes, other reptiles, ferrets, rodents, and spiders certainly fall within this category of animals. The release of such an animal in the aircraft cabin could result in a direct threat to the health or safety of passengers and crewmembers. For these reasons, airlines are not required to transport these types of service animals in the cabin, and carriage in the cargo hold will be in accordance with company policies on the carriage of animals generally.

 


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

 

DF. This safety and enforcement policy has been coordinated with AGC-220, Operations and Air Traffic Law Branch.

 

5. REFERENCES.

 

A. DOT14 CFR Part 382, Nondiscrimination on the Basis of Disability in Air Travel, as amended

http://airconsumer.ost.dot.gov/rules/rules.htm

 


B. DOT Guidance Concerning Service Animals, Mayarch 9, 2003 http://airconsumer.ost.dot.gov/rules/20030509.pdf

 

C. Advisory Circular 120-32, Air Transportation of Handicapped Persons

http://www.faa.gov/avr/afs/cabinsafety/acidx.cfm

 

D. DOT Part 382 Nondiscrimination on the Basis of Disability in Air Travel, including preamble, issued 1990, (FR Vol 55, No. 44 361990, pg. 8042)

http://www.faa.gov/avr/afs/cabinsafety/disabilities.cfm

 

E. NTSB Accident Database & Synopses

http://www.ntsb.gov/ntsb/query.aspquery

F. NTSB Safety Report (NTSB/SR-01/01) Survivability of Accidents Involving Part 121 U.S. Air Carrier Operations, 1983 Through 2000

http://www.ntsb.gov/publictn/2001/SR0101.pdf

 

G. NTSB Safety Study (NTSB/SS-00/01), Emergency Evacuation of Commercial Airplanes

http://www.ntsb.gov/publictn/2000/SS0001.pdf

 

 

63. ACTION.

 

A. Principal Operations Inspectors and Cabin Safety Inspectors should provide this safety and enforcement policyreview the procedures to that their assigned certificate holders. Each Pprincipal Ooperations Iinspector (POI) and Aviation Safety Inspector Cabin Safety should make the information contained in this FSAT known to the director of safety or the director of operations, respectively, of each assigned operator under part 121 or part 135.

 

B. This information may be conveyed by hard copy of this FSAT or by referring the director of safety or the director of operations, as applicable, to the following FAA public web site:

http://www.faa.gov/avr/afs/fsat/fsatl.htmhave in place to ensure that they are in compliance with sections 121.391 and 121.393.

 

 

 

7. PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS). Document the conveyance of the information contained in this FSAT for each air carrier affected:

 

A. Use PTRS code 1385.

 


B. Enter FST0401A in the National Use Field (without the quotes).

 

C. Once the POI has accomplished the ACTION in paragraph 6, close out the PTRS.

 

784. INQUIRIES. This bulletin was developed by AFS-200220. Any questions concerning this bulletin should be directed to Nancy Claussen, Flight Standards Service, AFS-220, at (602) 379-4864, ext. 26851202) 267-8166..

 

895. EXPIRATION. This bulletin will remain in effect until further notice.

 

 

 

/s/ Thomas K. Toula, for

/s/ Matthew SchackGregory L. Michael

Manager, Air Transportation Division