[NAGDU] DOT Releases Interim Enforcement Priorities concerning Service Animals and ESAs

[NAGDU President]

Dear All,

 

                Earlier today, the United States Department of
Transportation released interim enforcement priorities for the Air Carrier
Access Act (ACAA) concerning the carriage of service animals and emotional
support animals in the aircraft cabin. I sent a previous message with those
priorities and promised to comment on them after I had the opportunity to
review them. It is important to understand that, as the title of the
attached document states, these are interim enforcement policies, meaning
they are meant to communicate where the Department will temporarily focus
its enforcement resources. The release of this document provides the public
with 15 days to make comments, after which the Department will issue final
enforcement priorities. In addition, this document also provides information
about an advance notice of proposed rule making (ANPRM) which is intended to
advise the public about the implementing regulations the Department intends
to institute. The public has an opportunity to comment on the ANPRM. Once
the comment period ends, the Department will then issue a notice of proposed
rule making and afford another opportunity for public comment. Once this
comment period closes, the Department will issue its implementing
regulations. The instructions for filing comments are contained in the
attached document and will be provided in each subsequent document. It is
important to note the docket numbers for comments in order to be sure your
input is considered. The National Federation of the Blind and its special
interest division, the National Association of Guide Dog Users, will create
a coordinated comment on each of these items.

 

                So, what are the enforcement priorities of the Department of
Transportation as they pertain to service animals? Here are some direct
excerpts from this document:

 

1.       Requiring advance notice for service animals.violates the
Department's regulation and may significantly harm passengers with
disabilities as it prevents them from making last minute travel plans that
may be necessary for work or family emergencies;

2.       The Department's service animal regulation requires airlines to
accept the following as proof of a service animal's status: identification
cards, other written documentation, presence of harnesses, tags, or the
credible verbal assurances of a qualified individual with a disability using
the animal. 14 CFR 382.117(d); 

3.       the Enforcement Office intends to act should an airline require
that a passenger with a service animal check-in at the ticket counter,
thereby denying those passengers the same benefits that are available to
other passengers; 

4.       carriers may refuse transportation to any service animal that
displays behavior evidencing a lack of training in a public space;

 

I would like to encourage everyone to read the attached document and invite
a discussion of these enforcement priorities. As previously stated, the
National Federation of the Blind and the National Asociation of Guide Dog
Users will craft a coordinated comment on this enforcement priority and the
advance notice of proposed rule making. We need to hear from you so that
these comments reflect the wishes and interests of our members. A discussion
on our lists is encouraged to help everyone process and understand these
priorities; however, please send comments for consideration to me directly
to

 

president at nagdu.org

 

        Finally, in the very near future, I will CREATE A commentary
specifically on the ANPRM AND INVITE discussion on it. I appreciate the
incredible energy and advocacy of our membership and look forward to seeing
many of you at our fabulous convention in July!

 

Fraternally yours,

Marion

 

                

Marion Gwizdala, President

National Association of Guide Dog Users Inc. (NAGDU)

National Federation of the Blind

(813) 626-2789

President at NAGDU.ORG

Visit our website <http://nagdu.org/> 

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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.

 

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