[NJAGDU] FW: [NAGDU] Important and time sensitive! Federal Register now accepting comments on DOT form required for air travel with service dogs. Due on1/12
carcione at access.net
carcione at access.net
Thu Jan 11 12:33:18 UTC 2024
This regards the forms airlines are requiring service dog users to fill out.
I'm sorry I forgot to forward this earlier. The DOT was late in putting out the notice to begin with, and the deadline is tomorrow.
Tracy
-----Original Message-----
From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Al Elia via NAGDU
Sent: Tuesday, January 9, 2024 8:16 AM
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
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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