[NFBC-SFV] Fwd: [NAGDU] Important and time sensitive! Federal Register now accepting comments on DOT form required for air travel with service dogs. Due on1/12
robert stigile
rstigile at gmail.com
Tue Jan 9 13:59:48 UTC 2024
Robert Stigile, Second Vice-President
National Federation of the Blind of California
President San Fernando Valley Chapter
818-381-9568
Kn6uvd
Begin forwarded message:
> From: Al Elia via NAGDU <nagdu at nfbnet.org>
> Date: January 9, 2024 at 5:17:45 AM PST
> To: Bryan Gearry <bgearry at alaskafrontier.net>
> Cc: Al Elia <al.elia at aol.com>, Sarah Calhoun via NAGDU <nagdu at nfbnet.org>
> Subject: Re: [NAGDU] Important and time sensitive! Federal Register now accepting comments on DOT form required for air travel with service dogs. Due on1/12
> Reply-To: "NAGDU Mailing List, the National Association of Guide Dog Users" <nagdu at nfbnet.org>
>
> For everyone’s benefit, I have pasted the text from the federal register below. Please note that it is OCR’d to ensure that the included copy of the revised attestation form was easily readable, as it was not easily readable in the original copy of the register.
>
> NFB will be submitting its own comments, which are currently in process.
>
> Yours,
>
> /Æ
>
> Federal Register/Vol. 88, No. 217 /Monday, November 13, 2023/Notices
>
>
>
> DEPARTMENT OF TRANSPORTATION
>
> Office of the Secretary
>
>
>
> [Docket ID Number: DOT-OST-2018-0068]
>
>
>
> Notice of Submission of Proposed
>
> Information Collection to OMB Agency
>
> Request for Reinstatement of
>
> Previously Approved Collections:
>
>
>
> Traveling by Air With Service
>
> Animals-U.S. Department of
>
> Transportation Service Animal Air
>
> Transportation Form and U.S.
>
> Department of Transportation Service
>
> Animal Relief Attestation Form
>
>
>
> AGENCY: Office of the Secretary (OST),
>
> Department of Transportation
>
> (Department or DOT).
>
>
>
> ACTION: Notice and request for
>
> comments.
>
>
>
> SUMMARY: In accordance with the
>
> Paperwork Reduction Act of 1995, this
>
> notice announces DOT's intention to
>
> reinstate an Office of Management and
>
> Budget (OMB) Control Number 2105-
>
> 0576, "U.S. Department of
>
> Transportation Service Animal Air
>
> Transportation Form," and to seek
>
> comment on formatting and clarifying
>
> amendments to this form. The
>
> Department also seeks to reinstate its
>
> "U.S. Department of Transportation
>
> Service Animal Relief Attestation
>
> Form"; no amendments have been made
>
> to this form. The subject information
>
>
>
> collections are related to a requirement
>
> in the Code of Federal Regulations
>
> (CFR) that permits airlines to collect
>
> service animal documentation from
>
> passengers with a disability traveling by
>
> air with a service animal.
>
>
>
> DATES: Interested persons are invited to
>
> submit comments regarding this
>
> proposal. Written comments should be
>
> submitted by January 12, 2024.
>
> ADDRESSES: You may file comments
>
> identified by the docket number DOT-OST-2018-0068 by any of the following
>
> methods:
>
>
>
> • Federal eRulemaking Portal: Go to
>
> https:/ /www.regulations.gov and follow
>
> the online instructions for submitting
>
> comments. (You may access comments
>
> received for this notice at https://www.regulations.gov by searching
>
> docket DOT-OST-2018-0068.)
>
>
>
> • Mail: Docket Management Facility,
>
> U.S. Department of Transportation, 1200
>
> New Jersey Ave. SE, West Building
>
> Ground Floor Room, W12-140,
>
> Washington, DC 20590-0001;
>
>
>
> • Hand Delivery: West Building
>
> Ground Floor, Room W12-140, 1200
>
> New Jersey Ave. SE, between 9 a.m. and
>
> 5 p.m., Monday through Friday, except
>
> Federal holidays. The telephone number
>
> is 202-366-9329.
>
>
>
> Instructions: You must include the
>
> agency name and docket number DOT
>
> OST-2010-0054 at the beginning of
>
> your comment. All comments received
>
> will be posted without change to
>
>
>
> https :/ /www.regulations.gov, including
>
> any personal information provided.
>
>
>
> Privacy Act: Anyone is able to search
>
> the electronic form of all comments
>
> received in any ofDOT's dockets by the
>
> name of the individual submitting the
>
> comment (or signing the comment, if
>
> submitted on behalf of an association,
>
> business, labor union, etc.). You may
>
> review DOT's complete Privacy Act
>
> Statement in the Federal Register
>
> published on April 11, 2000 (65 FR
>
> 19477-78).
>
>
>
> FOR FURTHER INFORMATION CONTACT:
>
>
>
> Maegan Johnson or Livaughn Chapman,
>
> Jr., Office of Aviation Consumer
>
> Protection, U.S. Department of
>
> Transportation, 1200 New Jersey
>
> Avenue SE, Washington, DC 20590,
>
> Telephone Number (202) 366-9342
>
> (voice), (202) 366-7152 (fax);
>
> maegan.johnson at dot.gov or
>
> livaughn.chapman at dot.gov (email).
>
> Arrangements to receive this document
>
> in an alternative format may be made by
>
> contacting the above-named
>
> individuals.
>
>
>
> SUPPLEMENTARY INFORMATION:
>
>
>
> OMB Control Number: 2105-0576.
>
> Title: Traveling by Air with Service
>
> Animals.
>
>
>
> Type of Request: Reinstatement of
>
> information collections.
>
>
>
> Background: The U.S. Department of
>
> Transportation (Department or DOT)
>
> published a final rule to amend the
>
> Department's Air Carrier Access Act
>
> (ACAA) regulation on the transport of
>
> service animals by air in the Federal
>
> Register on December 10, 2020 (85 FR
>
> 79742). 14 CFR 382.75 allows airlines to
>
> require passengers traveling with
>
> service animals to provide carriers with
>
> the following two forms of
>
> documentation developed by the
>
> Department as a condition of travel. The
>
> first form published in the rule, the U.S.
>
> Department of Transportation Service
>
> Animal Air Transportation Form
>
> ("Behavior and Health Attestation
>
> Form"), is designed to ensure and
>
> inform airlines of the service animal's
>
> good health, disability-related training,
>
> and good behavior; to educate
>
> passengers traveling with service
>
> animals on how service animals in air
>
> transportation are expected to behave;
>
> and to inform passengers traveling with
>
> service animals of the consequences of
>
> service animal misbehavior. The second
>
> form published in the rule, the U.S.
>
> Department of Transportation Service
>
> Animal Relief Attestation Form ("Relief
>
> Attestation Form"), may only be
>
> required by the airlines when a
>
> passenger is traveling with service
>
> animals on a flight segment scheduled
>
> to take 8 hours or more. The purpose of
>
> this form is to provide assurances to
>
> airlines that the service 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, and to educate
>
> passengers of the consequences should
>
> an animal relieve itself on the aircraft in
>
> an unsanitary way.
>
>
>
> The Behavior and Health Attestation
>
> Form and the Relief Attestation Form
>
> are the only forms that airlines are
>
> permitted to require from passengers
>
> traveling with service animals as a
>
> condition of transport, except in rare
>
> circumstances when additional
>
> documentation may be necessary to
>
> comply with requirements on transport
>
> of animals by a Federal agency, a U.S.
>
> territory, or a foreign jurisdiction. DOT
>
> is publishing this notice to announce its
>
> intent to seek reinstatement of the
>
> previously approved information
>
> collections for these forms, OMB
>
> Control Number 2015-0576, and receive
>
> comments on the formatting and
>
> clarifying amendments made to its
>
> Behavior and Health Attestation Form.
>
> Currently, OMB authorization of the
>
> information collections expire on
>
> December 31, 2023.
>
>
>
> 77668
>
>
>
> Federal Register/Vol. 88, No. 217 /Monday, November 13, 2023/Notices
>
>
>
> The Department has not made
>
> amendments to its Relief Attestation
>
> Form as part of this renewal; however,
>
> the Department invites comments on the
>
> Relief Attestation Form renewal and on
>
> the formatting and clarifying
>
> amendments to its Behavior and Health
>
> Attestation Form. Although the
>
> amended Behavior and Health
>
> Attestation Form accompanying this
>
> Notice only addresses the formatting
>
> and clarity issues that have been raised
>
> about the form, the Department is aware
>
> that there are additional substantive
>
> issues raised about the current Behavior
>
> and Health attestation form, such as
>
> whether to include a question asking
>
> passengers to state the task or work their
>
> service animal performs, whether to ask
>
> passengers to affirm that they have a
>
> disability, and whether to clarify on the
>
> form that the carrier must assist the
>
> passenger with completing the form.
>
> The Department plans to explore these,
>
> and other related substantive issues that
>
> fall within the bounds of the service
>
> animal rule, with its next Air Carrier
>
> Access Act Advisory Committee.
>
>
>
> The amended Behavior and Health
>
> Attestation Form accompanying this
>
> Notice has been reformatted as follows:
>
> (1) the DOT seal and the disclaimer
>
> language at the top of the form has been
>
> adjusted, (2) DOT has added subject
>
> headers throughout the form to better
>
> define the individual sections of the
>
> form, (3) DOT revised the form to
>
> include two separate training sections
>
> so that the service animal user can
>
> indicate both the task training and
>
> behavior training that the service animal
>
> received, (4) DOT added footnotes at the
>
> bottom of the form to clarify that the
>
> service animal user may be listed as the
>
> service animal's behavior and/or task
>
> trainer if the animal was self-trained,
>
> and (5) DOT reduced the number of
>
> times that the animal's name must be
>
> provided on the form.
>
>
>
> The Paperwork Reduction Act of 1995
>
> (PRA) and its implementing regulations,
>
> 5 CFR part 1320, require Federal
>
> agencies to issue two notices seeking
>
> public comment on information
>
> collection activities before OMB may
>
> approve paperwork packages. A Federal
>
> agency generally cannot conduct or
>
> sponsor a collection of information, and
>
> the public is generally not required to
>
> respond to an information collection,
>
> unless it is approved by the OMB under
>
> the PRA and displays a currently valid
>
> OMB Control Number. In addition,
>
> notwithstanding any other provisions of
>
> law, no person shall generally be subject
>
> to monetary penalty for failing to
>
> comply with a collection of information
>
> if the collection of information does not
>
>
>
> display a valid OMB Control Number.
>
> See 5 CFR 1320.5(a) and 1320.6.
>
>
>
> For each of these information
>
> collections, the title, a description of the
>
> respondents, and an estimate of the
>
> annual recordkeeping and periodic
>
> reporting burden are set forth below.
>
>
>
> 1. Requirement to prepare and submit
>
> to airlines the DOT Air Transportation
>
> Service Animal Behavior and Health
>
> Attestation Form.
>
>
>
> Respondents: Passengers with
>
> disabilities traveling on aircraft with
>
> service animals.
>
>
>
> Number of Respondents: The
>
> Department estimates that 310,145
>
> respondents will complete the Service
>
> Animal Health and Attestation form.
>
> This estimate was calculated by using
>
> the same analysis used by the
>
> Department in its 2021 Service Animal
>
> Regulatory Impact Analysis (RIA),
>
> where the Department estimated that
>
> 319,000 respondents would use the
>
> Service Animal Health and Attestation
>
> Form.
>
>
>
> In the RIA, the Department relied on
>
> 2017 passenger data and estimates
>
> provided from Airlines for America on
>
> the number of service animals
>
> transported by U.S. air carriers in 20171
>
> to estimate the number of respondents
>
> that would use the Service Animal
>
> Health and Attestation form. DOT
>
> estimated that in 2017, 281,000 service
>
> animals were transported by U.S.
>
> carriers on flights to, within, and from
>
> the United States, and 38,000 were
>
> transported by foreign air carriers on
>
> flights to and from the United States.2
>
> Assuming that only one passenger with
>
> a disability travels with a service
>
> animal, the Department determined in
>
> 2021 that 319,000 respondents (281,000
>
> + 38,000) would use the service animal
>
> form.
>
>
>
> For the purposes of this renewal, the
>
> Department relied on 2022 enplanement
>
> data to estimate the number of
>
> respondents that would complete the
>
> service animal forms. In 2022, U.S.
>
> passenger enplanements increased by .5
>
> percent and foreign carrier
>
> enplanements decreased by 27 percent.3
>
>
>
> Thus, DOT estimates that 282,405
>
> service animals were transported by
>
> U.S. carriers to, from, or within the U.S.
>
> in 2022 and, if foreign carriers had a
>
> similar proportion of passengers
>
> traveling with service animals, foreign
>
> carriers transported 27,740 service
>
> animals to or from the U.S. in 2022.
>
> Assuming that only one passenger with
>
> a disability travels with a service
>
> animal, 310,145 respondents (282,405 +
>
> 27,740) would complete the service
>
> animal behavior and health attestation
>
> form.
>
>
>
> Estimated Total Annual Burden on
>
> Respondents: We estimate that
>
> completing the form would require 15
>
> minutes (.25 hours) per response,
>
> including the time it takes to retrieve an
>
> electronic or paper version of the form
>
> from the carrier's website, reviewing the
>
> instructions, and completing the
>
> questions. Passengers would spend a
>
> total of 77,536 hours annually (0.25
>
> hours x 310,145 passengers) to retrieve
>
> and complete an accessible version of
>
> the form. Passengers would fill out the
>
> forms on their own time without pay.
>
> To estimate the value of this
>
> uncompensated activity, we use median
>
> wage data from the Bureau of Labor
>
> Statistics.4 We use a post-tax wage
>
> estimate of $18.48 ($22.26 median for
>
> all occupations minus a 17% percent
>
> estimated tax rate). The estimated
>
> annual value of this time is $1,432,865
>
> ($18.48 x 77,536 hours).5
>
>
>
> 2. Requirement to prepare and submit
>
> to airlines the DOT Service Animal
>
> Relief Attestation Form.
>
>
>
> Respondents: Passengers with
>
> disabilities traveling on aircraft with
>
> service animals on flight segments
>
> scheduled to take 8 hours or more.
>
>
>
> Number of Respondents: The
>
> Department estimates that 5 percent of
>
> service animal users would be on flight
>
> segments scheduled to take 8 hours or
>
> more and would also have to complete
>
> the Relief Attestation Form, for a total
>
> of 15,507 respondents (310,145 x 0.05).
>
>
>
> Estimated Total Annual Burden on
>
> Respondents: We estimate that
>
> completing the form would require 15
>
>
>
> 1Comment from A4A, https://www.regulations.gov/document?D=DOT-OST-2018-0068-4288. A4A estimates that 281,000 service
>
> animals were transported on U.S. airlines in 2017.
>
> DOT estimates that 38,000 service animals were
>
> transported by foreign airlines on flights to and
>
> from the U.S. in 2017 based on air carrier passenger
>
> data from the Bureau of Transportation Statistics,
>
> available at https:! !www.bts.gov/newsroom/2017-
>
> traffic-data-us-airlines-andforeign-airlines-us
>
> flights.
>
>
>
> 2 See, Traveling by Air with Service Animals
>
> (FR)-Regulatory Impact Analysis (November
>
> 2020); Regulations.gov.
>
>
>
> 3 Bureau of Transportation Statistics (2022).
>
> "2022 Traffic Data for U.S. Airlines and Foreign
>
> Airlines U.S. Flights." https://www.transtats.bts.gov/Data _ Elements.aspx?Data=4.
>
> The number of passengers on foreign carriers (84.5
>
> million) was 9.9 percent of the number on domestic
>
> carriers (852.8 million).
>
>
>
> 4 For a discussion of estimating the value of
>
> uncompensated activities, see "Valuing Time in
>
> U.S. Department of Health and Human Services
>
> Regulatory Impact Analyses: Conceptual
>
> Framework and Best Practices" from the
>
> Department of Health and Human Services,
>
> available at https:!!aspe.hhs.gov!system!files!pdf/
>
> 257746/VOT.pdf.
>
>
>
> 5 Bureau of Labor Statistics (2022). "May 2022
>
> National Occupational Employment and Wage
>
> Estimates: United States." May 2022 National
>
> Occupational Employment and Wage Estimates
>
> (bis.gov).
>
>
>
> Federal Register/Vol. 88, No. 217 /Monday, November 13, 2023/Notices
>
>
>
> 77669
>
>
>
> minutes (.25 hours) per response,
>
> including the time it takes to retrieve an
>
> electronic or paper version of the form
>
> from the carrier's website, reviewing the
>
> instructions, and completing the
>
> questions. Passengers would spend a
>
> total of 3,877 hours annually (0.25 hours
>
> x 15,507 passengers) to retrieve an
>
> accessible version of the form and
>
> complete the form. Passengers would
>
> fill out the forms on their own time
>
> without pay, as they would with the
>
> Animal Behavior and Health Attestation
>
> Form. The estimated annual value of
>
>
>
> this time is $71,647 ($18.48 x 3,877
>
> hours).
>
>
>
> Comments Invited
>
>
>
> We invite comments on the Relief
>
> Attestation Form renewal and on the
>
> formatting and clarity amendments
>
> made to the Behavior and Health
>
> Attestation Form. We also invite
>
> comments on: (a) Whether the collection
>
> of information is necessary for the
>
> proper performance of the functions of
>
> the Department, including whether the
>
> information will have practical utility;
>
> (b) the accuracy of the Department's
>
> estimate of the burden of the proposed
>
>
>
> information collection; (c) ways to
>
> enhance the quality, utility and clarity
>
> of the information to be collected; and
>
> ( d) ways to minimize the burden of the
>
> collection of information on
>
> respondents.
>
>
>
> All responses to this notice will be
>
> summarized and included in the request
>
> for OMB approval. All comments will
>
> also become a matter of public record on
>
> the docket.
>
>
>
> Authority: The Paperwork Reduction
>
> Act of 1995; 44 U.S.C. chapter 35, as
>
> amended; and 59 CFR 1.48.
>
>
>
> BILLING CODE 4910-9X-P
>
>
>
> 77670
>
>
>
> Federal Register/Vol. 88, No. 217 /Monday, November 13, 2023/Notices
>
>
>
> U.S. Department of Transportation Service Animal Air Transportation Form
>
>
>
> Warning: It is a Federal crime to make materially false, fictitious, or fraudulent statements, entries, or representations knowingly
>
> and willfully on this form to secure disability accommodations provided under regulations of the United States Department of
>
> Transportation (18 U.S.C. § 1001).
>
>
>
> Individual with a Disability
>
>
>
> Service Animal User's Name: ----------------------------------------
>
>
>
> Phone:
>
>
>
> ------~~---~-----
>
>
>
> Email:.~--~-~--~~--------~-~~
>
>
>
> Animal Health
>
>
>
> My Animal's Name: My Animal's Description (including weight): _
>
>
>
> D My animal is vaccinated for rabies. Date of last vaccination: Date vaccination expires in the dog: _
>
>
>
> D To my knowledge, my animal does not have fleas or ticks or a disease that would endanger people or other animals.
>
>
>
> Veterinarian's Name (signature not required): Phone: _
>
>
>
> Work 01· Task Training_ of Animal
>
>
>
> D My animal has been individually trained to do work or perform tasks to assist me with my disability.
>
>
>
> Name of Task Trainer or Training Organization:' Phone:
>
>
>
> Behavior Training of Animal
>
>
>
> D My animal has also been trained to behave in a public setting.
>
>
>
> Name of Behavior Trainer or Training Organization:2 Phone: _
>
>
>
> D I understand that my animal must be under my control at all times.
>
>
>
> D I understand that a properly trained dog does not act aggressively by biting, barking, jumping, lunging, or injuring people or animals,
>
> and does not urinate or defecate on the aircraft or in the gate area.
>
>
>
> D I understand that if my animal shows that it has not been properly trained to behave in public, then the airline may treat the
>
> animal as a pet by charging a pet fee and requiring that the animal be transported in a pet carrier.
>
>
>
> D To the best of my knowledge, my animal has not behaved aggressively or caused serious injury to another person or animal.
>
>
>
> If you cannot check the box above, please explain: _
>
>
>
> Other Assurances
>
>
>
> D I understand that my animal must be harnessed, leashed, or tethered at all times in the airport and on the aircraft.
>
>
>
> D I understand that ifmy animal causes damage, then the airline may charge me for the cost to repair it, as long as the airline
>
> would also charge passengers without disabilities to repair similar kinds of damage.
>
>
>
> D I understand that I am signing an official document of the U.S. Department of Transportation, and if I knowingly make false statements
>
> on this document, I can be subject to fines and other penalties.
>
>
>
> Signature:
>
>
>
> -------------
>
>
>
> Date:
>
>
>
> -------------
>
>
>
> 1 If the service animal user self-trained the animal to do work or perform a task, the service animal user should be listed as the task trainer.
>
> 2 If the service animal user self-trained the animal to behave, the service animal user should be listed as the behavior trainer.
>
>
>
> Federal Register/Vol. 88, No. 217 /Monday, November 13, 2023/Notices
>
>
>
> 77671
>
>
>
> Issued in Washington, DC.
>
>
>
> Livaughn Chapman Jr.,
>
>
>
> Deputy Assistant General Counsel, Office of
>
> Aviation Consumer Protection.
>
>
>
>> On 8 Jan 2024, at 20:56, Bryan Gearry wrote:
>>
>> Sarah, I just read your email. Is there a form or do you just send an attachment to that link in the form of a letter? Trying to read thru all the government googly gook is a overwhelming. It's like they don't really want you to respond.
>>
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