[NYAGDU] FW: [NAGDU] Notice of Proposed Rule-Making regarding service animals on airplanes

Thu Jan 23 15:13:38 UTC 2020

They're at again, proposing to require a bunch of documents for a person to
fly with a service dog.  There is a 60-day comment period.
See Melissa's outline of the proposed rules below.
This is the link I have for comments:
https://www.regulations.gov/docket?D=DOT-OST-2018-0068
Tracy

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Melissa Allman
via NAGDU
Sent: Thursday, January 23, 2020 9:10 AM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: Melissa Allman
Subject: Re: [NAGDU] Notice of Proposed Rule-Making regarding service
animals on airplanes

Hi all. I'm sorry if this is duplicative, but here's a summary DOT put on
its web site that might be helpful. It will be important for us to make our
voices heard as individuals and organizations.

https://www.transportation.gov/airconsumer/latest-news

Posted January 22, 2020
Notice of Proposed Rulemaking (NPRM) - Traveling by Air with Service
Animals. In the Department's Traveling by Air with Service Animals Notice of
Proposed Rulemaking, the Department proposes the following changes to its
current Air Carrier Access Act service animal rule in 14 CFR Part 382: 
*         Definition of Service Animal:  The Department proposes 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, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
This proposed definition of a service animal is similar to the Department of
Justice's (DOJ) Americans with Disabilities Act (ADA) definition of a
service animal.
*         Emotional Support Animals:  The Department's proposed rulemaking
does not require airlines to recognize emotional support animals as service
animals.  Airlines would be permitted to treat emotional support animals,
which are not trained to do work or perform a task for the benefit of a
qualified individual with a disability, as pets.
*         Species:  Under the Department's proposed rule, airlines would
only be required to transport dogs as service animals.  As a result,
airlines would no longer be required to accommodate miniature horses, cats,
rabbits, birds, and all other service animals that airlines are currently
required to transport.   
*         Documentation:  Airlines would be permitted to require passengers
with a disability traveling with a service animal to complete and submit to
the airline the following forms developed by DOT as a condition of
transportation: (1) U.S. Department of Transportation Service Animal Air
Transportation Health Form, to be completed by a veterinarian in order to
certify the animal's good health; (2) U.S. Department of Transportation
Service Animal Air Transportation Behavior and Training Attestation Form, to
be completed by the service animal handler in order to attest to the
animal's good behavior; and (3) U.S. Department of Transportation Service
Animal Relief Attestation, to be completed by the service animal handler
when traveling with a service animal on a flight eight hours or longer in
order to verify that the animal has the ability to either not relieve
itself, or can relieve itself in a sanitary manner.  Under the Department's
proposal, these three documents would be the on
 ly documents that an airline could require from an individual with a
disability traveling with a service animal. The DOT forms would include a
warning that it would be a Federal crime for a service animal handler to
make false statements or representations on these forms to secure disability
accommodations. 
*         Check-In Requirements:  The Department proposes to allow airlines
to require all passengers with a disability traveling with a service animal
to check in one-hour before the check-in time for the general public as a
condition for travel with a service animal to allow time to process the
service animal documentation and observe the animal.  However, the
Department also proposes that if an airline imposes the one-hour check-in
requirement on passengers traveling with service animals, the airline must
designate a location in the airport for these passengers to check-in
promptly by a trained agent.
*         Number of Service Animals Per Passenger:  The Department's NPRM
proposes to require airlines to accept up to two service animals per
passenger for transport on an aircraft.  In order to determine if the animal
qualifies as a service animal, airlines are permitted to ask passengers with
disabilities if the animal is required to accompany the passenger because of
a disability, and what work or task the animal has been trained to perform,
but the airline must not ask the passenger the nature of his or her
disability, nor are airlines permitted to ask service animals to demonstrate
the work or tasks they have been trained to perform.  
*         Large Service Animals: The Department proposes to allow airlines
to limit service animals based on whether the animal can fit onto the
service animal handler's lap or within the handler's foot space.  Airlines
would be permitted to reject service animals that are too large to fit on
these spaces. 
*         Control of the Animal:  The Department proposes to continue to
permit airlines to require that service animals be harnessed, leashed,
tethered or otherwise under the control of its handler at all times in the
airport and on the aircraft.  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 airport and on the aircraft.
*         Direct Threat: The Department proposes to continue to allow
airlines to refuse to transport a service animal if the animal poses a
direct threat to the health or safety of others.  In determining whether to
deny transport to a serve animal on the basis that the animal poses a direct
threat, the NPRM specifies that airline must make an individualized
assessment based on reasonable judgments that relies on the best available
objective evidence to ascertain the nature, duration, and severity of the
risk; the probability that the potential injury will occur; and whether
reasonable modifications will mitigate the risk.
*         Breed Restrictions:  The Department proposes to continue
prohibiting airlines from imposing breed and other categorical restrictions
on service animals.  In the NPRM, the Department proposes explicit language
that states that airlines are not permitted to refuse to transport service
animals based on breed. 
The comment period closes 60 days after publication 

-----Original Message-----
From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Cindy Ray via
NAGDU
Sent: Wednesday, January 22, 2020 9:56 PM
To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: cindyray at gmail.com
Subject: Re: [NAGDU] Notice of Proposed Rule-Making regarding service
animals on airplanes

Mike, I just found them I think, and I will send them to the list. Sorry for
presuming the link was wrong because I didn't find it right off. *smile
Cindy Lou Ray, Moderator cindyray at gmail.com

-----Original Message-----
From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Michael Forzano via
NAGDU
Sent: Wednesday, January 22, 2020 2:18 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
<nagdu at nfbnet.org>
Cc: Michael Forzano <michaeldforzano at gmail.com>
Subject: [NAGDU] Notice of Proposed Rule-Making regarding service animals on
airplanes

Not sure who all has seen this yet but DOT has released an NPRM today
regarding changes to the ACAA.
https://www.transportation.gov/individuals/aviation-consumer-protection/noti
ce-proposed-rulemaking-traveling-air-service-animals

It appears to allow airlines to require that we present documentation, and
check in in advance of the general public so that our service animals can be
observed. This is not good and very surprising considering that feedback
from people with disabilities was supposedly taken into consideration.

Will be interested to hear how NAGDU plans to respond. I plan to file my own
comments personally. I travel 1-2 times per month and having to check in an
hour advance of everyone else would be a huge inconvenience.

Mike

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