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

Thu Jan 23 15:33:09 UTC 2020

My take on the proposed rules are that the documentation is only going to be for individuals not traveling with a legitimate service animal. I am confused about the proposed requirement that we are expected to arrive an hour earlier then others. 

Additionally, I am wondering how this will impact those of us who self train our guides. I am not anyone that would do that, but there are people who do. All and all this is a step in the right direction and long overdue. Eliminating the ability of individuals to pass of their pets, barnyard animals or nondomesticated animals as service animals is absolutely necessary.

-----Original Message-----
From: NYAGDU <nyagdu-bounces at nfbnet.org> On Behalf Of Tracy Carcione via NYAGDU
Sent: Thursday, January 23, 2020 10:14 AM
To: 'New York Association of Guide Dog Users' <nyagdu at nfbnet.org>
Cc: Tracy Carcione <carcione at access.net>
Subject: [NYAGDU] FW: [NAGDU] Notice of Proposed Rule-Making regarding service animals on airplanes

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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