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

Thu Jan 23 15:15:12 UTC 2020

Here is what I wrote on another discussion about this. I intend to
polish this and post an official comment soon.

Things I like
* No longer allowing ESAs (though I wouldn't be entirely opposed to
exploring regulating them separately and more strictly)
* Restricting service animals to dogs (though allowing miniature
horses as an exception on a case-by-case basis like in the ADA could
be explored)
* classifying psychiatric service dogs as service dogs (which they
are), not lumping them together with ESAs
* restricting the number of service animals to two

things I don't like
* Having to check in an hour early. If this is in addition to the
normal time, this would mean checking in three hours early for
domestic flights and four hours early for international. That's
forcing the service animal to go an extra hour without relieving, and
they are already having to go a long time in some cases.
* Providing attestations of behavior. If someone wants to pretend
their pet is an SD, what is stopping them from simply lying on the
form? There aren't any consequences for doing so. Having the form
filled out by a third party will never be reliable, because who is a
reliable third party? Vets may know nothing about training and
behavior, and there isn't any requirement for dog trainers to be
licenced. Owner trainers can't just show a program issued ID card, and
some service dog programs (yes even ADI certified ones) produce some
truly terrible dogs.
* Providing health records from a veterinarian. Getting an annual
report filled out would not tell you all that much about the dog. A
dog could be free of parasites today, but not next week. Anything that
must be filled out more often than annually would force handlers to
pay an unnecessary fee for an office visit at minimum. I'm also
concerned that airlines will start forcing people to give their dogs
elective vaccinations. For example, bordetella is optional and some
owners and vets will titer for distemper, but what if an airline
decides these are now required?
* Size restrictions. If the dog is sprawled across the isle or taking
up the entire row, of course this is a problem. The most common breeds
of service dogs are Labs and Goldens though, so restricting large dogs
would have a huge impact on service dog handlers Essentially, that
would restrict most guide and mobility dogs. Learning how to tuck
under seats is part of public access training. I've seen 90 lb dogs
that curl up tightly, and 30 lb dogs that are allowed to stretch out
in the isle.
* The assertion that employees should have no responsibilities at all.
If animals are not removed from airports for poor behavior, literally
nothing will solve the problem--no amount of paperwork will ever be
the same as proper training. I've seen countless horrifically behaved
dogs in public with multiple employees witnessing their behavior, but
nothing is ever done. If an employee ignores a dog lunging an growling
at a person in the airport and that dog proceeds to bite a flight
attendant an hour later, that employee is partially responsible.

I don't think it is unreasonable to ask for proof of rabies, because
this is a requirement for all dogs. It is also the only significant
disease that would be directly transferred from dog to human that is
vaccinated against. I wish this could be provided in a way that didn't
require advanced notice or additional burdens. Perhaps anyone
traveling with a dog would be required to show a rabies certificate
before going through the security checkpoint or something.

Danielle

On 1/23/20, Cindy Ray via NAGDU <nagdu at nfbnet.org> wrote:
> It was the year before as I recall. And another thing. (Tracy, this isn't
> about you.) I don't think any of us should ever write to this list and say
> "What is NAGDU going to do about this? Whether we are members of NAGDU or
> not, it is up to all of us to "do something about it." DGUI, NAGDU, and
> everybody who uses a dog or doesn't needs to do something about it. I don't
> want to see people posting to this list "What is NAGDU going to do about
> it." If we are in NAGDU we will want to support what NAGDU does; if we are
> not, we want to support what NAGDU does because it will make a difference
> to
> all of us in the end.
> Cindy Lou Ray
> cindyray at gmail.com
>
>
> -----Original Message-----
> From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Tracy Carcione via
> NAGDU
> Sent: Thursday, January 23, 2020 7:59 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> <nagdu at nfbnet.org>
> Cc: Tracy Carcione <carcione at access.net>
> Subject: Re: [NAGDU] Notice of Proposed Rule-Making regarding service
> animals on airplanes
>
> Really?  I thought we got done with this documentation and early check-in
> nonsense last year, or was it the year before.  The fight never ends.
> Tracy
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of judotina48kg---
> via NAGDU
> Sent: Wednesday, January 22, 2020 11:39 PM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Cc: judotina48kg at gmail.com
> Subject: [NAGDU] Notice of Proposed Rule-Making regarding service animals
> on
> airplanes
>
> Hello Everyone- I have pasted the DOT proposed regulations below my
> signature.
>
> Tina Thomas -President-CAGDU-NFBCA
>
>
>
>
>
> https://www.transportation.gov/individuals/aviation-consumer-protection/noti
> ce-proposed-rulemaking-traveling-air-service-animals
>
>
>
>
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>
>
>
> U.S. Department of Transportation Seeks Comment on Proposed Amendments to
> Regulation of Service Animals on Flights
>
>
>
>
> WASHINGTON - The U.S. Department of Transportation today announced that it
> is seeking public comment on proposed amendments to its Air Carrier Access
> Act (ACAA) regulation on the transportation of service animals by air.
>
> The Notice of Proposed Rulemaking (NPRM) on Traveling by Air with Service
> Animals can be found HERE and provides the public with 60 days to comment
> on
> the proposed changes.
>
> Today's NPRM is intended to ensure a safe and accessible air transportation
> system. It addresses concerns raised by individuals with disabilities,
> airlines, flight attendants, airports, other aviation transportation
> stakeholders, and other members of the public, regarding service animals on
> aircraft. The Department recognizes the integral role that service animals
> play in the lives of many individuals with disabilities and wants to ensure
> that individuals with disabilities can continue using their service animals
> while also reducing the likelihood that passengers wishing to travel with
> their pets on aircraft will be able to falsely claim their pets are service
> animals.
>
> The NPRM proposes to:
>
>
> *       Define a service animal as a dog that is individually trained to do
> work or perform tasks for the benefit of a person with a disability;
>
> *       No longer consider an emotional support animal to be a service
> animal;
>
> *       Consider a psychiatric service animal to be a service animal and
> require the same training and treatment of psychiatric service animals as
> other service animals;
>
> *       Allow airlines to require forms developed by DOT attesting to a
> service animal's good behavior, certifying the service animal's good
> health,
> and if taking a long flight attesting that the service animal has the
> ability to either not relieve itself, or can relieve itself in a sanitary
> manner;
>
> *       Allow airlines to require passengers with a disability who are
> traveling with a service animal to check-in at the airport one hour prior
> to
> the travel time required for the general public to ensure sufficient time
> to
> process the service animal documentation and observe the animal;
>
> *       Require airlines to promptly check-in passengers with service
> animals who are subject to an advanced check-in process;
>
> *       Allow airlines to limit the number of service animals traveling
> with
> a single passenger with a disability to two service animals *       Allow
> airlines to require a service animal to fit within its handler's foot space
> on the aircraft;
>
> *       Continue to allow airlines to require that service animals be
> harnessed, leashed, tethered, or otherwise under the control of its
> handler;
>
> *       Continue to allow airlines to refuse transportation to service
> animals that exhibit aggressive behavior and that pose a direct threat to
> the health or safety of others; and
>
> *       Continue to prohibit airlines from refusing to transport a service
> animal solely on the basis of breed.
>
> Comments on the NPRM must be received within 60 days of the date the notice
> is published.  The NPRM can be found at regulations.gov, docket number
> DOT-OST-2018-0068.
>
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