[NFBMT] Air Carrier's Access Act Update

Sun Aug 11 04:52:36 UTC 2019

The below press release was issued Thursday, August 8, 2019.  We will also
provide you with a copy of the Federal Register Notice when it is posted.  We
anticipate that to be soon.

DOT 48-19

Thursday, August 08, 2019

Contact:   <mailto:pressoffice at dot.gov> pressoffice at dot.gov

U.S. Department of Transportation Issues Final Statement of Enforcement
Priorities Regarding Service Animals on Flights

WASHINGTON - The U.S. Department of Transportation (DOT) today issued a Final
Statement of Enforcement Priorities Regarding Service Animals (link) that
provides greater clarity to passengers, airlines, and other stakeholders
about the DOT's interpretation and enforcement of the existing service animal
rules. 

In this Final Statement, the Department's Enforcement Office announced that
it does not intend to take action against an airline for asking users of any
type of service animal to provide documentation related to vaccination,
training, or behavior so long as it is reasonable to believe that the
documentation would assist the airline in making a determination as to
whether an animal poses a direct threat to the health or safety of others.
The Enforcement Office will monitor airlines' animal documentation
requirements to ensure that they are reasonable.

The Final Statement also addresses a number of other issues, such as species
limitations, containment, advance notice, and check-in requirements for
Emotional Support and Psychiatric Service Animals. The statement can be found
at
<http://icm-tracking.meltwater.com/link.php?DynEngagement=true&H=qJ9juQrYQnz1
cqUgIm8psgUQ75z%2Bv%2FUt%2BmzLgDhho6nnEEJMrQdYlzMXs430ug3nOhkhRTXuX7dHr%2Bkx7
CpcsgIgr8iDGFrZzGxAeT4mZkDhxagkkS5YOnhd1pgqRD%2Bt&G=0&R=https%3A%2F%2Fwww.tra
nsportation.gov%2Fairconsumer%2Flatest-news&I=20190808174300.000006459e13%40m
ail6-42-usnbn1&X=MHwxMDQ2NzU4OjVkNGM1MmVmODE2NmRhY2YxZmU5YTFkMjs%3D&S=xFw0mZJ
tD8NMDR1FrVO26PZeaaLXNc2q29B1jCVsTaM>
https://www.transportation.gov/airconsumer/latest-news

and
<http://icm-tracking.meltwater.com/link.php?DynEngagement=true&H=qJ9juQrYQnz1
cqUgIm8psgUQ75z%2Bv%2FUt%2BmzLgDhho6nnEEJMrQdYlzMXs430ug3nOhkhRTXuX7dHr%2Bkx7
CpcsgIgr8iDGFrZzGxAeT4mZkDhxagkkS5YOnhd1pgqRD%2Bt&G=0&R=https%3A%2F%2Fwww.tra
nsportation.gov%2Fairconsumer%2Fdisability&I=20190808174300.000006459e13%40ma
il6-42-usnbn1&X=MHwxMDQ2NzU4OjVkNGM1MmVmODE2NmRhY2YxZmU5YTFkMjs%3D&S=gGSblYJH
ugTzOyho-UMQGWqrwhQRLEcJi2_6qioiV3A>
https://www.transportation.gov/airconsumer/disability  

The Department remains committed to ensuring that our air transportation
system is safe and accessible for everyone.  As such, the Enforcement Office
will focus its enforcement efforts on clear violations of the current rule
and will continue to investigate all complaints alleging violations of the
Air Carrier Access Act.  

Separately, DOT plans to issue a Notice of Proposed Rulemaking on Service
Animals later this year.

The final statement can be found at
<http://icm-tracking.meltwater.com/link.php?DynEngagement=true&H=qJ9juQrYQnz1
cqUgIm8psgUQ75z%2Bv%2FUt%2BmzLgDhho6nnEEJMrQdYlzMXs430ug3nOhkhRTXuX7dHr%2Bkx7
CpcsgIgr8iDGFrZzGxAeT4mZkDhxagkkS5YOnhd1pgqRD%2Bt&G=0&R=http%3A%2F%2Fwww.regu
lations.gov%2F&I=20190808174300.000006459e13%40mail6-42-usnbn1&X=MHwxMDQ2NzU4
OjVkNGM1MmVmODE2NmRhY2YxZmU5YTFkMjs%3D&S=xKAG3SYZ1dqfHuq2lrusSlXubpq-MMorGuNW
-jNHAys> regulations.gov, docket number DOT-OST-2018-0067.  It is effective
upon publication in the Federal Register.  Airlines are expected to review
their policies and revise them, if necessary, to comply with the Department's
disability regulation.

###

Final Statement of Enforcement Priorities Regarding Service Animals - Summary

*	Species Limitations:  The Department's disability regulation has a
broad definition of service animals. Priority will be placed on ensuring that
the most commonly recognized service animals (dogs, cats and miniature
horses) are accepted for transport.  Nevertheless, airlines are still subject
to enforcement action if they categorically refuse to transport other species
that they are required to transport under the current rule.

Breed/Species Restrictions:  The Department's Enforcement Office views a
limitation based exclusively on breed of the service animal to not be allowed
under its service animal regulation.  The Enforcement Office intends to use
available resources to ensure that dogs as a species are accepted for
transport.  Airlines are permitted to find that any specific animal,
regardless of breed, poses a direct threat.

Documentation Requirements:  The Department's disability regulation permits
airlines to determine, in advance of flight, whether any service animal poses
a direct threat, but the rule does not clearly indicate how airlines must
make that assessment.  The Department's Enforcement Office does not intend to
take action against an airline for asking users of any type of service animal
to present documentation related to the service animal's vaccination,
training or behavior so long as it is reasonable to believe that the
documentation would assist the airline in making a determination as to
whether an animal poses a direct threat to the health or safety of others.
The Enforcement Office will monitor the airlines' animal documentation
requirements to ensure that they are not being used to unduly restrict
passengers with disabilities from traveling with their service animals. 

Containment:  The Department's disability regulation contains no explicit
requirements or prohibitions with respect to containment of service animals
in the cabin.  The Department's Enforcement Office will consider containment
issues for all service animals on a case-by-case basis, with a focus on
reasonableness.  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
aircraft cabin.

Advance Notice:  The Department's disability regulation prohibits airlines
from requiring advance notice for passengers traveling with service animals,
other than emotional support animals (ESAs) and psychiatric support animals
(PSAs). Enforcement resources will be focused on ensuring that airlines do
not require advance notice for passengers with traditional service animals as
advance notice 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.

Check-In Requirements:  The Department's Enforcement Office does not view it
to be violation of the Department's disability regulation if airlines require
lobby check-in for ESAs and PSAs because the regulation permits airlines to
require ESA and PSA users to check in one hour before the check-in time for
the general public.

Proof that an Animal is a Service Animal:  The Department's Enforcement
Office has long interpreted existing law as permitting airlines to seek
credible verbal assurance that a passenger is an individual with a disability
and the animal is a service animal.  If a passenger's disability is not
clear, airlines may ask questions to determine the passenger's need for the
animal even if the animal has other indicia of a service animal such as a
harness, vest or tag. 

*	Number of Service Animals Per Passenger:  The Department's disability
regulation is not clear as to how many service animals may travel with a
passenger with a disability. Enforcement efforts will generally focus on
ensuring that airlines are not restricting passengers from traveling with one
ESA and a total of three service animals if needed.  Generally, one ESA
should be sufficient for emotional support, but a passenger may reasonably
need more than one task-trained service animal.

Number of Service Animals per Aircraft:  The Department's disability
regulation does not allow airlines to deny transport to a service animal
accompanying a passenger with a disability because of a limit on the total
number of service animals that can be on any flight.  The Department's
Enforcement Office would thus view denial of transport to an ESA because of
other ESAs in the cabin of aircraft to violate its regulation as ESAs are
considered service animals under the existing rule.

Weight Restrictions: Under the Department's disability regulation, airlines
may deny transport to a service animal that is too large or too heavy to be
accommodated in the cabin.  The Department's Enforcement Office views a
categorical ban on animals over a certain weight limit, regardless of the
type of aircraft for the flight, to be inconsistent with the regulation.

Age Restrictions:  The Department's disability regulation does not address
the minimum age of a service animal.  However, all service animals (including
ESAs) are expected to be trained to behave in public.  As a general matter,
the Department's Enforcement Office would not view it to be a violation for
an airline to prohibit the transport of service animals younger than four
months as some airlines have done.

Flight-Length Restrictions:  The Department's disability regulation provides
that airlines may require passengers using a service animal on flights
scheduled to take eight hours or more to provide documentation that the
animal will not need to relieve itself on the flight or that it can do so in
a way that does not create a health or sanitation issue on the flight.  The
Department's Enforcement Office intends to use its available resources to
ensure that airlines comply with the existing regulations with respect to
this issue and do not automatically prohibit service animals (including ESAs)
on flights lasting eight or more hours.

Mental Health Professional Form:  Under the Department's disability
regulation, airlines are not required to transport ESAs or PSAs unless the
passenger provides medical documentation of their need for the animal as
specified in the rule.  The Department's Enforcement Office would view it to
be a violation for an airline to reject a medical form or letter that meets
the criteria found in the rule because of an airline's preference that the
passenger use the airline's form.

-------------- next part --------------
An embedded and charset-unspecified text was scrubbed...
Name: Untitled attachment 00314.txt
URL: <http://nfbnet.org/pipermail/nfbmt_nfbnet.org/attachments/20190810/4465b3e9/attachment.txt>