[FLAGDU] FW: [NAGDU] Notice of Proposed Rule-Making regarding service animals on airplanes

[Sherrill O'Brien]

Hello all,

I know this list has been very quiet for some time, but I'm hoping you check
it occasionally, as it's things like this that make belonging to FLAGDU so
important. I'm forwarding a message from the NAGDU list sent by Melissa
Allman, who is employed by the Seeing Eye in Advocacy and Government
Relations.
Many of you have probably heard the buzz which has been all over the news
regarding the Department of Transportation's release yesterday of proposed
amendments to the Air Carrier Access Act.
The public has 60 days in which to make comments, so we certainly need to
make our individual voices heard, along with  NAGDU  and FLAGDU. Note that
where it mentions two service dogs, it's referring to allowing no more than
two service dogs per person, and not two dogs on a flight. Also it proposes
that airlines be permitted to require that a person with a service dog check
in one hour earlier than the general public. Talk about paying the price for
the selfishness of pet owners who claim them as emotional support animals.
We're all for curbing this trend, but these proposed changes would seem to
penalize us. 
Please read the following important proposed changes. Perhaps we can get a
good dialogue going here which will result in lots of folks submitting their
comments .

Warm regards

Sherrill

Sherrill O'Brien, Secretary
Florida Association of Guide Dog Users (FLAGDU)
--Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Melissa Allman
via NAGDU
Sent: Thursday, January 23, 2020 9:10 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: Melissa Allman
Subject: Re: [NAGDU] Notice of Proposed Rule-Making regarding service
animals on airplanes

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 

Sherrill O'Brien, Secretary
Florida Association of Guide Dog Users (FLAGDU)
National Federation of the Blind of Florida
Phone 813-935-0474, cell 813-767-1890
eMail sherrill.obrien at verizon.net

The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise
expectations because low expectations create barriers between blind people
and our dreams. You can live the life you want! Blindness is not what holds
you back

_____________________________________________
NAGDU mailing list
NAGDU at nfbnet.org
http://nfbnet.org/mailman/listinfo/nagdu_nfbnet.org
To unsubscribe, change your list options or get your account info for NAGDU:
http://nfbnet.org/mailman/options/nagdu_nfbnet.org/sherrill.obrien%40verizon
.net