Department of Transportation
SUPPORTING STATEMENT
REPORTING REQUIREMENTS FOR
TRAVELING BY AIR WITH SERVICE ANIMALS
OMB Control No. 2105-0576
The Department of Transportation (DOT) requests the Office of Management and Budget’s approval for three years of two previously approved information collections related to the provisions in the DOT’s Traveling by Air with Service Animals Final Rule that permits airlines to require passengers traveling with a service animal to collect the U.S. Department of Transportation Service Animal Air Transportation Form and, when appliable, the U.S. Department of Transportation Service Animal Relief Attestation Form.
Justification
Explain the circumstances that make collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
The Air Carrier Access Act (ACAA, 49 U.S.C. § 41705)1 prohibits discriminatory treatment of persons with disabilities in air transportation. On December 10, 2020,2 the Department issued a final rule amending its ACAA regulation on the transport of service animals to ensure that the air transportation system is safe for the traveling public and accessible to individuals with disabilities. The information collection requirements in this rule allow airlines to collect from passengers traveling with service animals a U.S. Department of Transportation Service Animal Air Transportation Form and, if applicable, a U.S. Department of Transportation Service Animal Relief Attestation. The Department believes that it is important and appropriate to allow airlines to require passengers to provide documentation to affirm that their service animal is in good health, is well behaved, and has been trained to do work or perform tasks to assist individuals with disabilities as a condition of transport.
This information collection supports the DOT strategic goal of equity by ensuring nondiscriminatory access to air transportation for individuals with disabilities that use service animals, while also ensuring that service animals do not pose a direct threat to the health or safety of passengers, crew, and other animals on aircraft.
Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.
The Department allows airlines to require a U.S. Department of Transportation Service Animal Air Transportation Form and, if applicable, a U.S. Department of Transportation Service Animal Relief Attestation, from passengers traveling with service animals as a condition of transport. These information collections allow airlines to receive direct assurances from service animal users of their animal’s good health, behavior, training, and ability to hold its relief functions or relieve itself in a sanitary manner on long flights. These form(s) also serve as an instrument to educate passengers traveling with service animals on how service animals in air transportation are expected to behave, and that the airline could charge passengers for damage caused by a service animal, so long as the airline had a policy of charging other passengers for similar kinds of damage. Finally, the forms serve as a deterrent for individuals who might otherwise seek to claim falsely that their pets are service animals, as those individuals may be less likely to falsify a Federal form and thus risk the potential for criminal prosecution.
Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.
Airlines that require a passenger with a disability traveling with a service animal to submit a U.S. Department of Transportation Service Animal Air Transportation Form and, if applicable, a U.S. Department of Transportation Service Animal Relief Attestation, must have copies of these forms available at each airport they serve and, on their website, if they have a website. Airlines may require individuals traveling with a service animal to complete the form up to 48 hours in advance of the date of travel if the passenger’s reservation was made prior to that time. Airlines must provide the passenger the option of submitting the completed form(s) to the airline electronically or by hardcopy if submitted in advance of the passenger’s travel date. Airlines may also require a passenger with a disability traveling with a service animal to provide the forms at the passenger’s departure gate on the date of travel.
Requiring airlines that have a website to provide passengers with the DOT form(s) in an electronic format and requiring airlines to provide passengers with the option to submit their form electronically, will benefit both airlines and consumers by allowing the form(s) to be processed more efficiently, without requiring passengers to wait in line at the airport. This requirement also provides airlines a greater opportunity to assist passengers with service animals, and more time to reach out to the passenger if the documentation is incomplete or deficient (e.g., if the service animal’s rabies vaccination expires before the flight date).
Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in item 2 above.
There is no similar information accumulated that could be used or modified for the purpose described in the answer for question 2 detailed above.
If
the collection of information impacts small businesses or other
small entities describe any methods used to minimize burden.
The Department certifies that this information collection does not impact a substantial number of small businesses or other small entities.
Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
The Department permits airlines to require DOT forms(s) from passengers traveling with service animals on each trip, but not each time a service animal user travels. Service animals are transported in the aircraft cabin and airlines are not permitted to require service animals to be transported in a pet carrier. The health and behavior safety information in the DOT Behavior and Health Attestation is vital for airlines to verify that a service animal is safe to transport in the cabin and that the animal does not pose a threat to the health and safety of passengers, crew, and other during air transportation. Specifically, this requirement ensures that a service animal has not recently (before the departure flight) behaved aggressively or caused injury toward another person or animal, and that the animal has current vaccinations.
Explain any special circumstances that would cause an information collection to be conducted in a manner:
requiring respondents to report information to the agency more often than quarterly;
requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any document;
requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
There are no special circumstances requiring information to be collected in any of the manners stated above.
If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
The Office of Aviation Consumer Protection (OACP) meets quarterly with disability advocate groups to discuss disability-related matters in air transportation, including the service animal forms that airlines are permitted to require pursuant to the final service animal rule. OACP also meets regularly with airlines to discuss aviation civil rights and consumer protection matters. In 2023, OACP received feedback from stakeholders about the lack of clarity and instructions on the U.S. Department of Transportation Service Animal Air Transportation Form. In response to that feedback, OACP prepared to make an initial set of non-substantive clarifying amendments to the form to address these concerns and to make the form easier to navigate and complete by individuals with disabilities.
Notice and public comment were solicited on the first set of proposed amendments to the U.S. Department of Transportation Service Animal Air Transportation Form. The Notice was published in the Federal Register on November 13, 2023, volume 88, page 77667, which initiated a 60-day public comment period. DOT received 149 comments in response to its 60-day notice; most of the comments received, approximately 120, were from individual commenters, while the remaining comments were received from disability advocacy organizations, two airlines trade organizations, and an airline contractor.
The majority of individual commenters stated that the DOT service animal forms were burdensome for passengers with disabilities to complete because there were too many questions on the form. Individual commenters also noted that each airline has a different method of collecting the forms, which makes it difficult for individuals with disabilities to both complete the forms and submit the forms to airlines. Individual commenters also stated that some airlines post the forms on their websites in formats that are not accessible for individuals with disabilities, especially individuals who are blind. A number of individual commenters requested that the Department disallow airlines from collecting the forms altogether, or, alternatively, substantially decrease the number or questions on the form.
Commenters representing disability advocacy organizations shared many of the same concerns about the burdensome nature of the form expressed by individual commenters. Disability advocates also commented that it takes longer than the 15 minutes time period estimated by DOT for individuals with disabilities to complete the form because of the inaccessibility of the form on airline websites and the number of questions on the form. These commenters did not provide a suggested estimate for the amount of time it takes individuals with disabilities to complete the form.
Some disability advocacy organizations commented that they oppose airlines using third-party contractors to process the service animal forms and noted that airline staff should be trained on DOT’s rules for processing the forms. Several advocacy organizations also encouraged DOT to state on the form that airlines must assist individuals with disabilities with completing the form, that the form should only require passengers to affirm that a service animal has been vaccinated instead of requiring the passengers to indicate the animal’s vaccination dates, and that airlines should not be permitted to contact service animal trainers to verify that the animal has been trained. One advocacy organization also urged DOT to replace the term “service animal user” with “service animal handler” since “service animal handler” is a defined term in DOT’s ACAA regulations that refers to either an individual with a disability traveling with the service animal, or a third party responsible for controlling the animal who is traveling with the passenger with a disability and service animal.
Some disability advocates were pleased with the some of the formatting and clarifying changes made by DOT to the amended form published in DOT’s 60-day notice. Specifically, some commenters stated that they were glad to see that DOT clarified on the form that a service animal user may insert his or her own name and contact information if they train their own service animal. They were also glad to see that DOT eliminated some of the fields on the form, and that DOT added and amended section titles on the form.
Airline trade organizations and an airline contractor submitted comments recommending that DOT make additional clarifying changes to the form that exceed the amendments in DOT’s 60-day notice. For instance, these commenters suggested that DOT include a uniform date format on the form, define some of the terms used in the form, attach form instructions, remove the field that requires the passenger to provide the date of the service animal’s last vaccination, and clarify that an animal may be refused transport if it shows that it has not been trained to behave in public. Those organizations also urged DOT to reinstate the “service animal handler” field on the form and commented that the form should require passengers to provide the service animal’s weight, color, and species (or breed), require passengers to list the animal’s work or task, and that DOT should strengthen the Federal crime warning for making fraudulent statements on the top of the form.
Airlines for America provided data from five airlines on the number of service animal forms that were collected from those airlines from July 2022 to June 2023, and urged the Department to use these data to update its calculation on the estimated total annual burden of the information collection.
To address these comments, DOT refined the section titles on its U.S. Department of Transportation Service Animal Air Transportation Form to more accurately reflect the content of each section of the form and removed and combined certain questions on the form to reduce the number of check boxes, from ten check boxes to seven, and the number of fields that passengers are required to complete on the form. Specifically, in the first section of the form that requires the service animal handler to provide his or her contact information, DOT decreased the number of fields in this section, but added a check box that requires the handler to attest that the animal is required to assist with a disability. In the second section of the form, the animal identification and health information section, the handler is required to make a single attestation that the animal does not have fleas or a disease, and that the animal has been vaccinated for rabies. In the third and fourth sections of the form, the handler is required to make four individual attestations concerning the animal’s task and behavior training and complete information on the animal’s trainer. Finally, the last section requires the handler to check a single box to attest to three additional assurances in order to transport the service animal.
DOT also amended the form to identify how the date should be indicated on the form and revised the form to no longer require passengers to provide the date of their service animal’s last vaccination.
DOT also reinstated the “service animal handler’s” field since the term “service animal handler” is defined in the Department’s rules, and eliminated the service animal user’s name field, since “service animal user” is not a term that is defined in the Department’s rules. DOT also clarified on the form that the animal’s description must include the animal’s color, and that an airline may deny transportation to an animal if the animal shows that it has not been trained to behave in public. Finally, in response to comments received from both airline trade organizations and disability advocates, DOT also developed and included in the form specific instructions for completing the Behavior and Health Attestation Form. In these instructions, DOT defines certain terms used within the form (i.e., service animal and service animal handler), makes clear that the form should be submitted to the airline and not to DOT, describes how passengers can obtain assistance with completing the form, and provides other instructions for completing the form. Additionally, DOT has used data from both airline trade organizations and disability advocates to update its annual burden calculation for the form.
DOT is aware that some of the recommendations from the commenters were not implemented in the latest version of its Behavior and Health Attestation Form. However, OACP plans to have the Department’s next Air Carrier Access Act Advisory Committee consider whether substantive changes related to the Behavior and Health attestation form are necessary, such as whether to include a question asking passengers to state the task or work their service animal performs, whether to further reduce the number of attestation check-boxes on the form, and whether to amend the warning language at the top of the form.
The 30-day notice for the information collections was published in the Department’s final rule tilted “Traveling with Service Animals by Air,” 89 FR 33443, April 29, 2024. The Department directed interested parties to submit comments on the information collections to the Office of Management and Budget.
Explain any decision to provide a payment or gift to respondents, other than enumeration of contractors or grantees.
No payment or gift of any kind has been or will be provided to any respondents in the public sector or to carriers that must file reports pursuant to this rule.
Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
Violating the privacy of airline passengers is an unfair and deceptive practice if the airline violates the terms of its stated privacy policy or gathers or discloses private information in a way that violates public policy, is immoral, or causes substantial consumer injury not offset by any countervailing benefits.
Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
The information being collected is about a passenger’s service animal. The form does not contain any sensitive questions about a passenger or a passenger’s disability. The information about the passenger’s service animal is necessary to ensure a safe and accessible air transportation system.
Provide estimates of the hour burden of the collection of information. The statement should:
Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 12 of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under ‘Annual Cost to Federal Government’.
Table 1: Data for Collection of Information, U.S. Department of Transportation
Service Animal Air Transportation Form
Respondents: Passengers with disabilities traveling on aircraft with service animals.
Number of Respondents: The Department estimates that 639,709 respondents would complete the Service Animal Health and Attestation form.
Estimated Annual Burden on Respondents: We estimate that completing the form would require 20 minutes (.333 hours) per response, including the time it takes to retrieve an electronic or paper version of the form from the carrier’s or DOT’s website, reviewing the instructions, and completing the questions. Passengers would spend a total of 213,023 hours annually (0.333 hours x 639,709 passengers) to retrieve and complete an accessible version of the form. Passengers would fill out the forms on their own time without pay. To estimate the value of this uncompensated activity, we use median wage data from the Bureau of Labor Statistics. We use a post-tax wage estimate of $18.48 ($22.26 median for all occupations minus a 17 percent estimated tax rate). The estimated annual value of this time is $3,936,668 ($18.48 x 213,023 hours).
|
Submissions using Electronic or Hardcopy Version of the Form |
Total # of Respondents |
639,7093 |
Frequency per Respondent |
1 submission per trip |
Burden per Respondent (in minutes) |
20 |
Total Annual Burden (in hours) |
213,023 (0.333 hours x 639,709 passengers) |
Total Burden Costs |
$3,936,6684 |
Grand Total: (annual burden) |
(213,023 hours) (12,781,380 minutes) |
Table 2: Data for Collection of Information, U.S. Department of Transportation
Service Animal Relief Attestation Form
Respondents: Passengers with disabilities traveling on aircraft with service animals on flight segments scheduled to take 8 hours or more.
Number of Respondents: The Department estimates that 5 percent of service animal users would be on flight segments scheduled to take 8 hours or more and would also have to complete the Relief Attestation Form, for a total of 31,985 respondents (639,709 x 0.05).
Estimated Annual Burden on Respondents: We estimate that completing the form will require 15 minutes (.25 hours) per response, including the time it takes to retrieve an electronic or paper version of the form from the carrier’s or DOT’s website, reviewing the instructions, and completing the questions. Passengers would spend a total of 7,996 hours annually (0.25 hours x 31,985 passengers) to retrieve an accessible version of the form and complete the form. Passengers would fill out the forms on their own time without pay, as they would with the Animal Behavior and Health Attestation Form. The estimated annual value of this time is $71,647.
|
Submissions using Electronic or Hardcopy Version of the Form |
Total # of Respondents |
31,9855 |
Frequency per Respondent |
1 submission per trip |
Burden per Respondent (in minutes) |
15 |
Total Annual Burden (in hours) |
|
Total Burden Costs |
$147,770 |
Grand Total: (annual burden) |
(7,996 hours) (479,760 minutes) |
Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the costs of any hour burden shown in items 12 and 14).
There are no other estimated costs to respondents outside of the post-tax wage estimate identified in the tables in question 12. Consumer respondents accessing the DOT form(s) from airline websites will already have access to a computer and a web provider by which to submit the form(s) to airlines electronically. We assume the costs of electronic submissions are less than those associated with hardcopy submission (e.g., costs of printing forms). Further, the forms are short and can be completed by passengers without needing to obtain signature from a third party such as a veterinarian about the health of their service animal.
Provide estimates of annualized cost to the federal government. Also, provide a description of the method used to estimate costs, which should include quantification of hours, operational expenses such as equipment, overhead, printing, and support staff, and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from items 12, 13, and 14 in a single table.
Costs to the Department are negligible, as these forms would be submitted directly to the airlines from passengers and not the Department. The Department will review these forms if airlines assert that passengers have fraudulently completed the forms to determine if the matter should be referred to the Department’s Office of Inspector General. The Department will also review these forms if it receives complaints from passengers alleging airlines’ documentation requirements for travel with a service animal was not consistent with these forms. The Department estimates that the costs to it would be minimal as these actions are within the scope of duties of its Office of Aviation Consumer Protection.
Based on feedback received from stakeholders, DOT has made amendments to the U.S. Department of Transportation Service Animal Air Transportation Form to clarify instructions and make the forms more efficient and easier to navigate for passengers. These changes will not impact the estimated burden hours for respondents. DOT still estimates that it will take respondents approximately 20 minutes to complete the forms.
For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
The Department does not intend to publish the results of information collected from respondents.
If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
Not applicable.
Explain each exception to the certification statement "Certification for Paperwork Reduction Act Submissions."
Not Applicable.
1 49 U.S.C. 41705 - Discrimination against handicapped individuals - Content Details - USCODE-2021-title49-subtitleVII-partA-subpartii-chap417-subchapI-sec41705 (govinfo.gov)
3 This estimate was calculated by using data provided from Airlines for America (A4A) on the number of Behavior and Health Attestation Form collected by five of its member airlines between July 1, 2022, through June 30, 2023, https://www.regulations.gov/comment/DOT-OST-2018-0068-32515, and passenger trip data as represented in the origination and destination (O&D) data, collected by DOT’s Bureau of Transportation Statistics from airlines during this same time period, https://www.transtats.bts.gov/DatabaseInfo.asp?QO_VQ=EFI&Yv0x=D.
4 We use a post-tax wage estimate of $18.48 ($22.26 median for all occupations minus a 17 percent estimated tax rate). Bureau of Labor Statistics (2022). “May 2022 National Occupational Employment and Wage Estimates: United States.” May 2022 National Occupational Employment and Wage Estimates (bls.gov).
5 The Department estimates that 5 percent of service animal users would be on flight segments scheduled to take 8 hours or more and would also have to complete the Relief Attestation Form, for a total of 31,985 respondents.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | damon.whitehead |
| File Modified | 0000-00-00 |
| File Created | 2024-07-19 |