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Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.3, 39.91

QUESTION: WHAT KINDS OF ANIMALS ARE REGARDED AS SERVICE ANIMALS?

ANSWER:

* The Department intends that the service animal provisions of Part 39 be interpreted to be consistent with the service animal provisions of Department of Justice (DOJ) rules under Titles II and III of the ADA (as published in the Federal Register on September 15, 2010).

* Consequently, the Department understands a service animal to be any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

* Other types of animals (e.g., cats, primates) are not considered service animals under DOJ rules.

* Animals that are not trained to do work or perform tasks are not considered to be service animals. For example, emotional support animals, which provide emotional support, well-being, comfort, or companionship to an individual with disabilities but are not trained to do work or perform tasks, are not considered to be service animals. 

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