[NFBWATlk] Fwd: [Nfbnet-members-list] Urgent National Town Hall Meeting concerning Service Animals in Air Travel
cane.travel at gmail.com
Mon Jan 27 03:18:21 UTC 2020
This for the information of our members. We have some members who are interested in guide dog issues. This topic is of hight importance. I hope that Kyle and Alison will try to participate.
> Begin forwarded message:
> From: "Marion Gwizdala, President via NFBNet-Members-List" <nfbnet-members-list at nfbnet.org>
> Subject: [Nfbnet-members-list] Urgent National Town Hall Meeting concerning Service Animals in Air Travel
> Date: January 26, 2020 at 6:51:09 PM PST
> To: nfbnet-members-list at nfbnet.org
> Reply-To: "Marion Gwizdala, President" <president at nagdu.org>
> Please circulate the following message as widely as appropriate.
> <> On January 22, the United States Department of Transportation released a long-awaited notice of proposed rule making (NPRM) concerning the carriage of service animals in the aircraft cabin. The entire text of the NPRM is posted below the meeting instructions. As a division of the National Federation of the Blind and the most dynamic, influential voice in the affairs of the nations guide dog users, the National Association of Guide Dog Users (NAGDU) will write the official comments for the National Federation of the Blind.
> On Sunday, January 26 at 8:00 p.m. Eastern (7:00 p.m.; Central; 6:00 p.m. Mountain; & 5:00 p.m. Pacific) the National Association of Guide Dog Users will host a Town Hall meeting during our board of directors meeting to solicit comments from other guide dog users concerning the proposed changes in the implementing regulations of the Air Carrier Access Act. In order to better advocate for you as a representative, collective voice, we need to receive input from you. Whether you are a member or not, what we say could shape the way you travel by air for years to come! You need not be a member to join the meeting and offer your comments.
> Although traditional conference call dialing is available, we recommend using the free Zoom app for the best audio quality and functionality. The app is easy to use and is available on iPhone, iPad, Android, Windows, and Mac.
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> CFR Part 382
> Air Carriers, Civil rights, Consumer protection, Individuals with Disabilities, Reporting and recordkeeping requirements
> For the reasons set forth in the preamble, the Department of Transportation proposes to amend 14 CFR part 382 to read as follows:
> PART 382 NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR 1. The authority citation for part 382 continues to read as follows:
> Authority: 49 U.S.C. §§ 41702, 41705, 41712, and 41310.
> 2. section 382.3 1s amended by adding a definition of a service animal in alphabetical order: § 382.3 What do the terms in this rule mean?
> Service animal means 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. Emotional support animals, comfort animals, companionship animals, and service animals in training are not service animals for the purposes
> of this Part.
> A Service Animal Handler 1s a qualified individual with a disability who receives assistance from a service animal(s) that does work or performs tasks that are directly related to the individuals disability, or a safety assistant, as described in section 382.29(b), who accompanies an individual with a disability traveling with a service animal(s).
> The service animal handler is responsible for keeping the animal under control at all times, and caring for and supervising the service animal, which includes toileting and feeding.
> 3. Section 382.28 1s added to read as follows:
> § 382.28 What assistance must carriers provide to passengers with a disability required to check-in before the check-in time for the general public?
> If you require a passenger with a disability to check-in in advance of the check-in time for the general public, you must make personnel or other employees trained to proficiency on the requirements of this Part available promptly to assist the passenger at a designated location 1n the airport.
> 4. Section 382.27 1s amended to remove (c)(8) and remove (c)(9).
> 5. Subpart EE 1s added to read as follows:
> Subpart EEService Animals
> § 382.72 Must carriers allow a service animal to accompany a passenger with a disability? You must allow a service animal to accompany a passenger with a disability. You must not deny transportation to a service animal on the basis that its carriage may offend or annoy carrier personnel or persons traveling on the aircraft.
> § 382.73 How many service animals must a carrier transport in the cabin of aircraft?
> You are not required to accept more than two service animals for a single passenger with a disability.
> § 382.74 How do carriers determine if an animal Is a service animal?
> (a) You may make two inquiries to determine whether an animal qualifies as a service animal.
> You may ask 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.
> You must not ask about the nature or extent of a persons disability or ask that the service animal demonstrate 1ts work or task.
> (b) You may observe the behavior of an animal.
> A trained service animal will remain under the control of its handler.
> It does not run freely around an aircraft or an airport gate area, bark or etrowl repeatedly at other persons or other animals on the aircraft or 1n the airport gate area, bite, jump on, or cause injury to people, or urinate or defecate in the cabin or gate area. An animal that engages 1n such disruptive behavior demonstrates that it has not been successfully trained to behave properly in a public setting and carriers are not required to treat it as a service animal, even if the animal performs an assistive function for a passenger with a disability.
> (c) You may look for physical indicators on the animal to determine if the animal is a service animal. A service animal must be under the contro! of its owner.
> harness, leash, or other tether unless the owner 1s unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animals safe, effective performance of work or tasks, 1n which case the service animal must be otherwise under the handlers control (e.g., voice control, signals, or other effective means).
> § 382.75 May a carrier require documentation from passengers with disabilities seeking to
> travel with a service animal?
> A service animal must have a
> (a) If a passenger seeks to travel with a service animal, you may require the passenger with a disability to provide you, as a condition of permitting the service animal to travel in the cabin: (1) A current (1.e., no older than one year from the date of the passengers scheduled initial flight) completed copy of the U.S. Department of Transportation Air Transportation Service Animal Health Form; and
> A completed copy of the U.S. Department of Transportation Air Transportation Service Animal Behavior and Training Attestation Form.
> (b) On a flight segment scheduled to take 8 hours or more, you may, as a condition of permitting a service animal to travel in the cabin, require the passenger with a disability traveling with the service animal to confirm that the 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 on the flight by providing a DOT Service Animal Relief Attestation Form.
> (c) You are not permitted to require documentation of passengers with disabilities traveling with service animals beyond completion of the forms identified 1n paragraphs (a) and (b) of this (d) You must keep copies of the forms identified 1n paragraphs (a) and (b) at each airport you SCIVE.
> As a foreign carrier, you must keep copies of the forms at each airport serving a flight you operate that begins or ends at a U.S. airport.
> (ec) If you have a website, you must make the blank forms identified 1n paragraphs (a) and (b) available to passengers on your website in an accessible format.
> You must mail copies of the blank forms identified 1n paragraphs (a) and (b) to
> passengers upon request.
> § 382.76 May a carrier require a service animal user to check-in at the airport one hour before the check-in time at the airport for the general public as a condition of travel to allow time to process the service animal documentation?
> You may require a passenger with a disability to check-in at the airport one hour before the check-in time at the airport for the general public as a condition of travel with a service animal to allow time to process the service animal documentation and observe the animal so long as:
> (1) You designate a specific location at the airport where the passenger could be promptly checked-in, the passengers service animal would be observed, and the passengers service animal documentation would be promptly reviewed by personnel trained to proficiency on the service animal requirements of this Part; and
> (2) You have a similar or more stringent check-in requirement for passengers traveling with their pets in the cabin.
> If a passenger does not meet the check-in requirements you establish consistent with this section, you must still provide the accommodation if you can do so by making reasonable efforts, without delaying the flight.
> § 382.77 May carriers restrict the location and placement of service animals on aircraft? (a) You must permit a service animal to accompany a passenger with a disability on the passengers lap or in the foot space immediately 1n front of the passengers seat, unless this location and placement would be (1) inconsistent with safety requirements set by the FAA or the foreign carriers government; or (2) encroaches into another passengers space.
> (b) If a service animal cannot be accommodated on the passengers lap or in the foot space immediately in front of the passengers seat without encroaching into another passengers space,
> you must offer the passenger the opportunity to move with the animal to another seat location within the same class of service, 1f available on the aircraft, where the animal can be accommodated.
> You are not required to reseat other passengers to accommodate a service animal except as required by Subpart F.
> (c) If there are no alternatives available to enable the passenger to travel with the service animal in the cabin of the scheduled flight, you must offer the passenger the opportunity to transport the service animal in the cargo hold free of charge or travel on a later flight to the extent there 1s space available on a later flight and the transport 1s consistent with the safety requirements set by the FAA or a foreign carriers government.
> § 382.78 May carriers charge individuals with disabilities for the damage thelr service While you cannot charge an individual with a disability for transporting service animals, or for providing other services that this rule requires, you may charge a passenger with a disability for damage caused by his or her service animal so long as you normally charge individuals without disabilities for similar kinds of damage.
> § 382.79 Under what other circumstances may carriers refuse to provide transportation to a service animal traveling with a passenger with a disability?
> (a) You may deny transport to a service animal under the following circumstances: (1) The animal poses a direct threat to the health or safety of others (see definition in § 382.3);
> (2) The animal causes a significant disruption in the cabin or at an airport gate area, or its behavior on the aircraft or at an airport gate area indicates that it has not been trained to behave properly in public (e.g., running freely, barking or growling repeatedly at other
> animal causes?
> persons on the aircraft, biting or jumping on people, or urinating or defecating 1n the cabin or gate area); or
> (3) The animals carriage would violate FAA safety requirements or applicable safety requirements of a U.S. territory or foreign government (e.g., the animal 1s too large or heavy to be accommodated in the cabin).
> (b) In determining whether to deny transport to a service animal on the basis that the animal poses a direct threat under paragraph (a)(1), you must make an individualized assessment based on reasonable judgment 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 actually occur; and whether reasonable modifications of policies, practices, or procedure will mitigate (c) In determining whether to deny transport to a service animal on the basis that the animal has misbehaved and/or has caused a significant disruption in the cabin under paragraph (a)(2), you must make an individualized assessment based on reasonable judgment that relies on the best available objective evidence to ascertain the probability that the misbehavior and/or disruption will continue to occur; and whether reasonable modifications of policies, practices, or procedure will mitigate the misbehavior and/or the disruption.
> (d) In conducting the analysis required under paragraph (a)(1) and (a)(2), you must not deny transportation to the service animal if there are means available short of refusal that would mitigate the problem (e.g., muzzling a barking service dog or taking other steps to comply with animal health regulations needed to permit entry of the service animal into a domestic territory or a foreign country).
> the risk.
> (ec) If you refuse to provide transportation to a service animal based on any provision in this Part, you must provide the individual with a disability accompanied by the service animal a written statement of the reason for the refusal.
> This statement must include the specific basis for the carriers opinion that the refusal meets the standards of paragraphs (a) through (c) of this section or 1s otherwise specifically permitted by this Part. You must provide this written statement to the individual with a disability accompanied by the service animal either at the airport, or within 10 calendar days of the refusal of transportation.
> § 382.80 May carriers impose additional restrictions on the transport of service animals? Carriers are not permitted to establish additional restrictions on the transport of service animals outside of those specifically permitted by the provisions in this Part, unless required by applicable FAA, TSA, or other Federal requirements or a foreign carriers government.
> 6. Section 382.117 1s removed.
> Issued this 22°° day of January, 2020, in Washington, D.C.
> /Original signed/
> Elaine L. Chao, secretary.
> Marion Gwizdala, President
> National Association of Guide Dog Users Inc. (NAGDU)
> National Federation of the Blind
> (813) 626-2789
> President at NAGDU.ORG
> Visit our website <http://nagdu.org/>
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> The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. Every day we raise expectations because low expectations create barriers between blind people and our dreams. You can live the life you want! Blindness is not what holds you back.
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