[Colorado-Talk] FW: [COAGDU] Fwd: [NAGDU] Specifics of D.O.T. flying rules proposal

Fri Jan 24 02:47:30 UTC 2020

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Melissa R. Green and Pj

-----Original Message-----
From: COAGDU <coagdu-bounces at nfbnet.org> On Behalf Of Marty Rahn via
COAGDU
Sent: Thursday, January 23, 2020 6:26 PM
To: coagdu at nfbnet.org
Cc: Marty Rahn <marty.rahn at juno.com>
Subject: [COAGDU] Fwd: [NAGDU] Specifics of D.O.T. flying rules proposal

Here is one more message containing more information about this notice of
proposed rule making.

Respectfully,

Miss Marty Rahn, COAGDU secretary

https://www.transportation.gov/airconsumer/latest-news
<https://www.transportation.gov/airconsumer/latest-news>
> 
> Posted January 22, 2020
> Notice of Proposed Rulemaking (NPRM) - Traveling by Air with Service
Animals. In the Department's Traveling by Air with Service Animals Notice
of Proposed Rulemaking, the Department proposes the following changes to
its current Air Carrier Access Act service animal rule in 14 CFR Part 382:

> *         Definition of Service Animal:  The Department proposes to
define a service animal as a dog that is individually trained to do work
or perform tasks for the benefit of a qualified individual with a
disability, including a physical, sensory, psychiatric, intellectual, or
other mental disability.  This proposed definition of a service animal is
similar to the Department of Justice's (DOJ) Americans with Disabilities
Act (ADA) definition of a service animal.
> *         Emotional Support Animals:  The Department's proposed
rulemaking does not require airlines to recognize emotional support
animals as service animals.  Airlines would be permitted to treat
emotional support animals, which are not trained to do work or perform a
task for the benefit of a qualified individual with a disability, as pets.
> *         Species:  Under the Department's proposed rule, airlines would
only be required to transport dogs as service animals.  As a result,
airlines would no longer be required to accommodate miniature horses,
cats, rabbits, birds, and all other service animals that airlines are
currently required to transport.   
> *         Documentation:  Airlines would be permitted to require
passengers with a disability traveling with a service animal to complete
and submit to the airline the following forms developed by DOT as a
condition of transportation: (1) U.S. Department of Transportation Service
Animal Air Transportation Health Form, to be completed by a veterinarian
in order to certify the animal's good health; (2) U.S. Department of
Transportation Service Animal Air Transportation Behavior and Training
Attestation Form, to be completed by the service animal handler in order
to attest to the animal's good behavior; and (3) U.S. Department of
Transportation Service Animal Relief Attestation, to be completed by the
service animal handler when traveling with a service animal on a flight
eight hours or longer in order to verify that the animal has the ability
to either not relieve itself, or can relieve itself in a sanitary manner.
Under the Department's proposal, these three documents would be the only
documents that an airline could require from an individual with a
disability traveling with a service animal. The DOT forms would include a
warning that it would be a Federal crime for a service animal handler to
make false statements or representations on these forms to secure
disability accommodations. 
> *         Check-In Requirements:  The Department proposes to allow
airlines to require all passengers with a disability traveling with a
service animal to check in one-hour before the check-in time for the
general public as a condition for travel with a service animal to allow
time to process the service animal documentation and observe the animal.
However, the Department also proposes that if an airline imposes the
one-hour check-in requirement on passengers traveling with service
animals, the airline must designate a location in the airport for these
passengers to check-in promptly by a trained agent.
> *         Number of Service Animals Per Passenger:  The Department's
NPRM proposes to require airlines to accept up to two service animals per
passenger for transport on an aircraft.  In order to determine if the
animal qualifies as a service animal, airlines are permitted to ask
passengers with disabilities if the animal is required to accompany the
passenger because of a disability, and what work or task the animal has
been trained to perform, but the airline must not ask the passenger the
nature of his or her disability, nor are airlines permitted to ask service
animals to demonstrate the work or tasks they have been trained to
perform.  
> *         Large Service Animals: The Department proposes to allow
airlines to limit service animals based on whether the animal can fit onto
the service animal handler's lap or within the handler's foot space.
Airlines would be permitted to reject service animals that are too large
to fit on these spaces. 
> *         Control of the Animal:  The Department proposes to continue to
permit airlines to require that service animals be harnessed, leashed,
tethered or otherwise under the control of its handler at all times in the
airport and on the aircraft.  In general, tethering and similar means of
controlling an animal that are permitted in the Americans with
Disabilities Act context would be reasonable in the context of controlling
service animals in the airport and on the aircraft.
> *         Direct Threat: The Department proposes to continue to allow
airlines to refuse to transport a service animal if the animal poses a
direct threat to the health or safety of others.  In determining whether
to deny transport to a serve animal on the basis that the animal poses a
direct threat, the NPRM specifies that airline must make an individualized
assessment based on reasonable judgments that relies on the best available
objective evidence to ascertain the nature, duration, and severity of the
risk; the probability that the potential injury will occur; and whether
reasonable modifications will mitigate the risk.
> *         Breed Restrictions:  The Department proposes to continue
prohibiting airlines from imposing breed and other categorical
restrictions on service animals.  In the NPRM, the Department proposes
explicit language that states that airlines are not permitted to refuse to
transport service animals based on breed. 
> The comment period closes 60 days after publication
> 
> 
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