[NFBC-Info] Fwd: [Cagdu] FW: [Nfbnet-members-list] Fwd: National Federation of the Blind submits comments on Notice of Proposed Rulemaking

Thu Apr 2 20:00:11 UTC 2020

Good afternoon,

As some of you already know, the U.S. Department of Transportation
(DOT) issued a Notice of Proposed Rule Making (NPRM) concerning
traveling by air with service animals. The NPRM was issued by DOT on
January 22 and officially posted in the Federal Register on February
5. DOT is giving the public until April 6 to submit comments. After
DOT reviews the public comments, they will issue final regulations.
The DOT regulations on Traveling by Air with Service Animals will have
a significant impact on guide dog handlers. This is your opportunity
to make your voice heard.

Below is a link to the site where you can read the NPRM, post your own
comments, and review comments posted by the public. Following the link
are the comments submitted by the National Federation of the Blind.
The pdf version of the comments submitted by the National federation
of the Blind are also attached to this message. You can use the
comments below to inform your own comments.

https://www.federalregister.gov/documents/2020/02/05/2020-01546/traveling-by-air-with-service-animals

NFB NAGDU comments on DOT NPRM 2020.pdf
National Federation of the Blind Logo with tagline, "Live the life you want"
March 3, 2020
The Honorable Elaine Chao Secretary United States Department of
Transportation 1200 New Jersey Ave, SE Washington, DC 20590
RE: Docket number DOT-OST-2018-0068
Dear Madam Secretary:
The National Federation of the Blind, in conjunction with its special
interest division, the National Association of Guide Dog Users,
appreciates the opportunity
to comment on the notice of proposed rulemaking concerning service
animals in air travel. Founded in 1940, the National Federation of the
Blind is America’s
premier civil rights organization of the blind. We have worked to seek
a resolution to the issues addressed in the Department of
Transportation’s (“the
Department”) notice of proposed rulemaking (NPRM). Specifically, we
have facilitated a multitude of discussions with many of the major
airlines in order
to share our mutual concerns and better understand each other’s
individual perspectives. Furthermore, we are committed to creating
rules that balance these
interests.

We commend the Department for amending 14 CFR 382.3 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.” We also
appreciate the Department for affirming the value of credible verbal
assurance (14 CFR §
382.74(a)) and for providing regulations concerning the proper
behavior of service animals while explicitly articulating the
airline’s authority to deny
carriage to a dog that is out-of-control or misbehaving (14 CFR §
382.74(b)). However, some of the regulations proposed by the NPRM
codify the type of
discrimination this Act was intended to eliminate.

14 CFR § 382.75(a) allows airlines to require, as a condition of
travel, 1) a current completed copy of the US Department of
Transportation Air Transportation
Service Animal Health Form; and 2) a completed copy of the US
Department of Transportation Air Transportation Service Animal
Behavior and Training Attestation
Form. For flight segments of eight hours or more, 14 CFR § 382.75(b)
provides that airlines may require disabled passengers with service
animals to “confirm
that the animal will not need to relieve itself on the flight or that
the animal can relieve itself in a way that does not create a health
or sanitation
issue on the flight by providing a DOT Service Animal Relief
Attestation Form.” The National Federation of the Blind opposes
mandatory documentation forms,
including those pertaining to service animal health, service animal
relief attestations, and behavior and training. Such documentation
requirements prohibit
spontaneous or emergency travel such as visiting a dying relative,
attending an urgent business meeting, or taking an impromptu trip.
Consequently, the
obligation to complete multiple forms imposes financial and exhaustive
burdens on those wishing to travel with a service animal. At least one
of the required
documents must be completed by a veterinarian and submitted annually.
Furthermore, the regulations should allow airline personnel to verify
up-to-date
vaccinations by examining a service animal’s license tag. An airline
could then be allowed to request documentation only if the issued
vaccination tag
is expired or absent.

The National Federation of the Blind opposes the requirement that
service animal handlers must sign an attestation that their dogs are
trained service
animals and will behave properly (14 CFR § 382.75(b)). When airport
employees observe a guide dog team walking through the airport and
approaching the
various checkpoints, it is evident that the dog is trained to guide a
blind person. Other service animals, such as those trained to pull a
wheelchair,
are also observable and readily apparent; however, it is not always
possible to observe that a dog is trained to perform tasks or do work.
For these reasons,
we propose the Department allow the airlines to require an attestation
only if the dog is not observed doing work and its user cannot give
credible verbal
assurance of the dog’s training, work, or tasks. Furthermore, we
believe the Department should clearly assert that vests, harnesses, or
similar gear in
nature should not be considered de facto evidence of a dog’s training
or behavior.

According to 14 CFR § 382.76, airlines may “require a passenger with a
disability to check-in at the airport one hour before the check-in
time at the airport
for the general public as a condition of travel with a service animal
to allow time to process the service animal documentation and observe
the animal.”
The National Federation of the Blind strongly opposes this rule. More
often than not, a service animal’s tasks and temperament are best
observed while
in applicable situations. For example, airline personnel currently
have sufficient opportunity to note how the service animal and its
handler act as they
arrive at curbside, navigate through the security checkpoint, travel
through the airport, and approach the gate for boarding. Airlines
should not have
the authority to call for service animal handlers to check in one hour
earlier than other passengers. This is discriminatory.

As it pertains to the carriage of large service animals found in 14
CFR § 382.77, fitting a service animal in a compact space is not a new
experience.
It is important to note that those of us who use larger service dogs
are accustomed to positioning our dogs in compact, relatively
inconspicuous places,
such as under restaurant tables, on the floors of taxicabs, and under
the seats of buses. Additionally, arbitrary size restrictions impose
limitations
on which breeds are utilized for service animals. The National
Federation of the Blind believes that any regulatory language
concerning size restrictions
must include an assessment based upon observable, demonstrative
evidence rather than an arbitrary, subjective opinion.

Thank you again for considering our comments, and we are happy to
provide any additional clarification should it be needed.

Sincerely,

Mark A. Riccobono - electronic signature
Mark A. Riccobono, President National Federation of the Blind

---------- Forwarded message ----------
From: tina.thomas90044 at gmail.com
Date: Thu, 2 Apr 2020 09:56:24 -0700
Subject: [Cagdu] FW: [Nfbnet-members-list] Fwd: National Federation of
the Blind submits comments on Notice of Proposed Rulemaking
To: cagdu at nfbcal.org

Subject: [Nfbnet-members-list] Fwd: National Federation of the Blind submits
comments on Notice of Proposed Rulemaking

Please circulate the following message as widely as appropriate. If you
received this message without the attached file, please contact

Marion Gwizdala, President
National Association of Guide Dog Users
National Federation of the Blind
President at NAGDU.ORG <mailto:President at NAGDU.ORG>

                On Tuesday, March 3, the National Federation of the Blind
(NFB) and our special interest division - the National Association of Guide
Dog Users (NAGDU) - submitted our comments on the United States Department
of Transportation's notice of proposed rulemaking (NPRM) concerning service
animals under the Air Carrier Access Act. These comments are attached to
this message and can also be downloaded by visiting

https://www.nfb.org/sites/www.nfb.org/files/files-pdf/service-animal-nprm-re
sponse.pdf .

As the leading advocate for guide dog users, we have worked with the airline
industry to resolve the serious issues this NPRM seeks to address.

                As the largest membership organization of the blind in the
United States, it is important for us to make our collective voice heard. It
is equally important that the grassroots individual voice be added. Such
action reinforces our position with real-life individual remarks.

                On Sunday, March 8 at 8:00 p.m. Eastern Daylight Time (7:00
p.m. Central; 6:00 p.m. Mountain; & 5:00 p.m. Pacific), the National
Association of Guide Dog Users will host a national town Hall meeting to
discuss our comments, help you better understand our position and better
clarify yours, and learn how to submit your comments on these proposed
rules. This meeting will be held in NAGDU's Zoom meeting room. Here's how to
join us:

USING ZOOM
Although traditional conference call dialing is available, we recommend
using the free Zoom app for the best audio quality and functionality. The
app is easy to use and is available on iPhone, iPad, Android, Windows, and
Mac.
If you don't already have the app installed, you will be prompted to do so
when activating the below Zoom link. Installing the app ahead of time will
give you the opportunity to customize it to your preference.

JOINING NAGDU MEETINGS
There are now three ways to join NAGDU meetings:
>From any computer or Smart device, activate the following link and follow
the instructions:
https://zoom.us/j/8136262789

You will need a microphone on your computer in order to have your voice
heard in the cloud!
2.       Tap one of these links from any smart phone:
+16699006833,,8136262789# or
+14086380968,,8136262789#
You can also add one of these numbers to your contacts list so you can use
them for future meetings!

3. Manually call by dialing either (669) 900-6833 or (408) 638-0968, then
entering the ID 8136262789.

ZOOM COMMANDS
The following are a few commands which can be used during the meeting based
on how you joined.
1. Telephone: *6 to mute or unmute. *9 to raise your hand.
2. Windows: ALT+A to mute or unmute. ALT+Y to raise your hand.
3. Mac: CMD+SHIFT+A to mute or unmute. OPTION+Y to raise your hand.
4. Activate this link for a full list of commands from either Windows or
Mac:
https://support.zoom.us/hc/en-us/articles/205683899-Hot-Keys-and-Keyboard-Sh
ortcuts-for-Zoom
Marion Gwizdala, President
National Association of Guide Dog Users Inc. (NAGDU)
National Federation of the Blind
(813) 626-2789
President at NAGDU.ORG <mailto:President at NAGDU.ORG>
Visit our website <http://nagdu.org/>
Follow us on Twitter <http://twitter.com/nagdu>

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.

<http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_cam
paign=sig-email&utm_content=emailclient>

Virus-free.
<http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_cam
paign=sig-email&utm_content=emailclient> www.avg.com

-- 
SHANNON L. DILLON
Secretary and Legislative Coordinator
National Federation of the Blind
of California
The National Federation of the Blind is a community of members and
friends who believe in the hopes and dreams of the nation’s blind.
Every day we work together to help blind people live the lives they
want.
www.nfbcal.org
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