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14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)

Note: This preamble to 14 CFR Part 382 includes a section-by-section analysis but may not reflect the regulation text in its entirety. Click here to see the complete regulation.

Two Steps for Airline Personnel

To determine whether an animal is a service animal and should be allowed to accompany its user in the cabin, airline personnel should:

1. Establish whether the animal is a pet or a service animal, and whether the passenger is a qualified individual with a disability; and then

2. Determine if the service animal presents either

  • a “direct threat to the health or safety of others,” or

  • a significant threat of disruption to the airline service in the cabin (i.e., a “fundamental alteration” to passenger service). See §382.19(c).

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