Proposed Rule2024-04729
Ensuring Safe Accommodations for Air Travelers With Disabilities Using Wheelchairs
Primary source
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Published
March 12, 2024
Issuing agencies
Transportation Department
Abstract
The U.S. Department of Transportation (DOT or the Department) is proposing to strengthen its rule implementing the Air Carrier Access Act (ACAA) to address the serious problems that individuals with disabilities using wheelchairs and scooters face when traveling by air that impact their safety and dignity, including mishandled wheelchairs and scooters and improper transfers to and from aircraft seats, aisle chairs, and personal wheelchairs.
Full Text
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<title>Federal Register, Volume 89 Issue 49 (Tuesday, March 12, 2024)</title>
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[Federal Register Volume 89, Number 49 (Tuesday, March 12, 2024)]
[Proposed Rules]
[Pages 17766-17789]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04729]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. DOT-OST-2022-0144]
RIN 2105-AF14
Ensuring Safe Accommodations for Air Travelers With Disabilities
Using Wheelchairs
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT or the Department).
ACTION: Notice of Proposed Rulemaking (NPRM).
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SUMMARY: The U.S. Department of Transportation (DOT or the Department)
is proposing to strengthen its rule implementing the Air Carrier Access
Act (ACAA) to address the serious problems that individuals with
disabilities using wheelchairs and scooters face when traveling by air
that impact their safety and dignity, including mishandled wheelchairs
and scooters and improper transfers to and from aircraft seats, aisle
chairs, and personal wheelchairs.
DATES: Comments should be filed by May 13, 2024. Late-filed comments
will be considered to the extent practicable.
ADDRESSES: You may file comments identified by the docket number DOT-
OST-2022-0144 by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the online instructions for submitting
comments.
<bullet> 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.
<bullet> Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, Washington, DC between 9 a.m. and 5
p.m. ET, Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number
DOT-OST-2022-0144 or the Regulatory Identification Number (RIN 2105-
AF14) for the rulemaking at the beginning of your comment. All comments
received will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal information provided.
Privacy Act: Anyone can search the electronic form of all comments
received in any of our 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), or you may visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
Docket: For access to the docket to read background documents and
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> or to the street
address listed above. Follow the online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: Christopher Miller, Staff Attorney, or
Blane Workie, Assistant General Counsel, of the Office of Aviation
Consumer Protection, U.S. Department of Transportation, 1200 New Jersey
Ave. SE, Washington, DC 20590, 202-366-9342 (phone), 202-366-7152
(fax), <a href="/cdn-cgi/l/email-protection#d3b0bba1baa0a7bca3bbb6a1fdbebabfbfb6a1e293b7bca7fdb4bca5"><span class="__cf_email__" data-cfemail="fd9e958f948e89928d95988fd390949191988fccbd999289d39a928b">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#741618151a115a031b061f1d1134101b005a131b02"><span class="__cf_email__" data-cfemail="62000e030c074c150d10090b0722060d164c050d14">[email protected]</span></a> (email).
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Purpose
The Department is issuing this notice of proposed rulemaking (NPRM)
to increase access to safe and dignified air travel for individuals
with disabilities. Air travel connects individuals to family and
friends, jobs, and vital services, and it opens the door to
opportunity. However, air travel can be especially difficult for
individuals who use wheelchairs or scooters and rely on disability-
related physical assistance and services provided by U.S. or foreign
air carriers \1\ (``carriers'' or ``airlines'')
[[Page 17767]]
and their contractors. Damaged and delayed personal wheelchairs and
assistive devices and untimely and unsafe assistance provided by
airlines can lead to serious life disruptions such as loss of mobility
independence, personal injury, lost opportunities and wages, and other
significant harms. Some wheelchair users even avoid flying altogether
because of these risks.
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\1\ ``Carrier'' is defined as ``a U.S. citizen (``U.S.
carrier'') or foreign citizen (``foreign carrier'') that undertakes,
directly or indirectly, or by a lease or any other arrangement, to
engage in air transportation.'' 14 CFR 382.3.
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B. Statutory Authority
The Air Carrier Access Act, 49 U.S.C. 41705, prohibits
discrimination in airline service because of disability by U.S. and
foreign air carriers. When it enacted the ACAA, Congress directed the
Department ``to promulgate regulations to ensure non-discriminatory
treatment of qualified handicapped individuals consistent with safe
carriage of all passengers on air carriers.'' Public Law 99-435, 3, 100
Stat. 1080, 1080 (1986). The Department responded by issuing a final
rule that required carriers to provide nondiscriminatory service to
individuals with disabilities. 55 FR 8008 (Mar. 6, 1990). The
Department has continually updated these regulations pursuant to the
ACAA and with its rulemaking authority under 49 U.S.C. 40113, which
states that the Department may take action that it considers necessary
to carry out its statutory duties, including prescribing regulations.
To the extent that violations of the ACAA and part 382 result in
injuries to passengers with disabilities and occur in interstate air
transportation, the incidents are also violations of 49 U.S.C. 41702,
which require air carriers to provide safe and adequate interstate air
transportation. It is well-established that section 41702 may be used
to ensure ``safe and adequate'' service in a civil rights context.\2\
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\2\ See Frontier Airlines, Inc., Order 2017-7-8 (July 21, 2017);
United Airlines, Inc., Order 2016-1-3 (January 15, 2016); U.S.
Airways, Inc., Order 2003-3-19 (March 26, 2003); American Airlines,
Inc., Order 2003-3-1 (March 4, 2003).
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Furthermore, section 440 of the FAA Reauthorization Act of 2018
(2018 FAA Act) directs the Department to review, and if necessary
revise, applicable regulations to ensure that passengers with
disabilities receive dignified, timely, and effective assistance at
airports and onboard aircraft from trained personnel and to ensure that
airline personnel who provide physical assistance to passengers with
disabilities receive annual training that includes, as appropriate,
hands-on instructions and the appropriate use of relevant equipment.
C. Summary of Regulatory Provisions
Table 1--Summary of NPRM Proposals
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Subject Proposal
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Safe and Dignified Assistance Clarifies that safe and dignified
assistance to individuals with
disabilities is required when providing
required accommodations.
Prompt Enplaning, Deplaning, Clarifies that prompt enplaning,
and Connecting Assistance. deplaning, and connecting assistance is
required, including moving within the
airport terminal.
Prompt is determined based on the
totality of circumstances, except when
physical assistance is needed to
disembark the aircraft, in which case
prompt means that: (1) personnel and
boarding wheelchair must be available to
deplane the passenger when the last
passenger who did not request deplaning
assistance departs the aircraft; and (2)
the passenger's personal wheelchair must
be available as close as possible to the
door of the aircraft to the maximum
extent possible, except: (a) where this
practice would be inconsistent with
Federal regulations governing
transportation security or the
transportation of hazardous materials,
(b) or when the passenger requests the
wheelchair be returned at a location
other than the door of the aircraft. If
the passenger requests the wheelchair be
returned at a location other than the
door of the aircraft, an airport
wheelchair must be available for the
passenger's use.
Mishandling of Wheelchairs Defines mishandled to mean lost, delayed,
and Assistive Devices as Per damaged, or pilfered (i.e., stolen).
Se Violation. Specifies that any mishandling of
wheelchairs and assistive devices by
airlines is a per se regulatory
violation subject to administrative
penalties. In the event of any
mishandling of a wheelchair or scooter,
requires airlines to immediately notify
impacted passengers of their rights: (1)
to file a claim with the airline, (2) to
receive a loaner wheelchair from the
airline with certain customizations, (3)
to choose a preferred vendor, if
desired, for device repairs or
replacement, and (4) to have a
Complaints Resolution Official (CRO)
available and be provided information on
how to contact the CRO.
Passenger Notifications After Requires airlines to timely notify
Wheelchair Is Loaded on and passengers when their wheelchairs or
Unloaded from Aircraft. scooters have been loaded to and
unloaded from the cargo compartment of
their flights. Requires airlines to
notify passengers immediately upon
learning that the passenger's wheelchair
or scooter does not fit on the plane.
Prompt Return of Delayed Requires airlines to transport a delayed
Wheelchairs or Scooters. wheelchair or scooter to the passenger's
final destination within 24 hours of the
passenger's arrival by whatever means
possible. Requires airlines to provide
the passenger a choice between picking
up the wheelchair or scooter at his or
her destination airport or having the
wheelchair delivered to another location
based on a reasonable request by the
passenger, such as the passenger's home
or hotel. Depending on the passenger's
choice, the Department would consider
the wheelchair or scooter to be provided
to the passenger (1) when the wheelchair
or scooter is transported to a location
requested by the passenger if the
passenger chooses to have it delivered,
regardless of whether the passenger is
present to take possession of the
wheelchair or scooter; or (2) when the
wheelchair or scooter has arrived at the
destination airport, is available for
pickup, and the carrier has provided
notice to the passenger of the location
and availability of the wheelchair or
scooter for pickup if the passenger
chooses to pick it up.
Prompt Repair or Replacement Following a mishandling, requires
of Damaged Wheelchairs or airlines to provide passengers the
Scooters. option of: (1) the carrier handling the
repair or replacement of the device ,
with a device of equivalent or greater
function and safety, within a reasonable
timeframe and paying the associated
costs; or (2) the passenger arranging
for the repair or replacement of the
device, with a device of equivalent or
greater function and safety, through his
or her preferred vendor with the carrier
having the responsibility to transport
the device to the preferred vendor and
pay the vendor directly for the repairs
or replacement.
[[Page 17768]]
Loaner Wheelchair Requires airlines to provide loaner
Accommodations. wheelchairs while individuals with
disabilities are waiting on repairs or
replacement of a mishandled device.
Requires airlines to consult with the
individual receiving the loaner
wheelchair to ensure that the loaner
wheelchair fits the passenger's
functional needs, as much as possible,
and safety-related needs.
Enhanced Training for Certain Requires annual training, including hands-
Airline Personnel and on training, of airline employees and
Contractors. contractors who physically assist
passengers with mobility disabilities or
handle passengers' wheelchairs or
scooters.
New Improved Standards for On- Requires new improved performance
Board Wheelchairs (OBW). standards for OBWs on twin-aisle
aircraft and aircraft with 60 or more
seats, consistent with standards for
OBWs on single-aisle aircraft with 125
or more seats.
Size Standard for Lavatories Seeks comments regarding whether to
on Twin-Aisle Aircraft. specify that one lavatory needs to be of
sufficient size: (1) to permit both a
passenger with a disability and an
attendant to enter and maneuver within
the lavatory; and (2) to set a 95th
percentile male standard for the
individual with a disability and the
attendant in place of the non-specific
standard currently set forth for twin-
aisle aircraft lavatories.
Reimbursement of Fare Seeks comments regarding whether U.S. and
Difference. foreign air carriers should be required
to reimburse the difference between the
fare on a flight a wheelchair user took
and the fare on a flight that the
wheelchair or scooter user would have
taken if his or her wheelchair or
scooter had been able to fit in the
cabin or cargo compartment of the
aircraft.
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D. Summary of Preliminary Regulatory Analysis
Table 2--Summary of Annualized Monetized Costs and Monetized Benefits, Discounted at 7 Percent
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Subject Costs Benefits
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Safe, Dignified, and Prompt Assistance.. $0................................ $0
Mishandling of Wheelchairs and Assistive $0................................ $0
Devices as Per Se Violation.
Passenger Notifications; Return, Repair, $0................................ $0
and Replacement of Wheelchairs and
Scooters; and Loaner Wheelchair
Accommodations.
Enhanced Training for Certain Airline $5.44 million..................... $6.0 million
Personnel and Contractors.
New Improved Standards for On-Board $700,000.......................... $0
Wheelchairs (OBWs).
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Total............................... $6.1 million...................... $6.0. million
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The quantifiable benefits of this rulemaking included in the
current analysis are anticipated to be slightly less than the
quantifiable costs. However, we note that the quantified benefits are
underestimated because certain benefits are not included. The
Department believes the benefits of the proposed rule would exceed and
justify the costs if the unquantified benefits were included.
The proposed rule and training requirements are expected to have
unquantified benefits of reduced injuries, including fatalities,
sustained by individuals with disabilities while receiving physical
assistance from airline staff and contractors and after wheelchair and
scooter mishandlings. Other types of injuries, including injuries to
airline personnel and contractors, were also not quantified due to data
limitations. The wheelchair handling training provision is expected to
reduce repair costs due to avoided wheelchair mishandlings. This
benefit has been quantified in the analysis. Additional unquantified
benefits of this rulemaking include improved dignity, improved mobility
by reduced mishandlings and improved loaner wheelchair accommodations,
reduced wait times for mishandled wheelchairs to be returned to
passengers, and improved lavatory accessibility. Also, the Department
believes that this rulemaking could help restore confidence in flying
for many individuals with disabilities, which in turn would yield great
benefits for individuals with disabilities and industry stakeholders.
Additional information and questions for comment can be found in the
docket in the full-length regulatory impact analysis (RIA).
II. Need for a Rulemaking
A. Concerns Raised to DOT
Disability rights advocates have raised concerns to the Department
regarding unsafe, inadequate, and undignified assistance that
individuals with mobility impairments receive from airlines when
flying. These concerns have primarily focused on delayed and damaged
personal wheelchairs or scooters, unsafe transfers to and from
wheelchairs and aircraft seats, and lack of prompt wheelchair
assistance at the airport.
These advocates have emphasized that many passengers with
disabilities have received bumps and bruises and, in other cases, far
more significant injuries like broken bones, dislocated joints, and
open wounds during the boarding and deplaning process. As evidence, one
disability organization specifically recounted several recent incidents
where its members had experienced significant difficulties during the
boarding and deplaning process. These included a failed transfer
resulting in a fractured tailbone and subsequent infection; being hand-
carried off an airplane; and improper use of an aisle chair. An aisle
chair is a wheelchair that is used in the enplaning and deplaning
process to transport an individual with a mobility disability between
their own wheelchair, or an airport wheelchair, and an aircraft seat.
Improper use of aisle chairs can result in passengers bumping into
armrests while being transported to their seats and improper transfers
can result in passengers being dropped when moving from aisle chairs to
their seats.\3\ Because transfers to and
[[Page 17769]]
from aircraft seats and wheelchairs are the most physically intensive
type of assistance provided by airline personnel and contractors and
can cause serious bodily harm to passengers and workers if not done
properly, the advocates--representing both passengers with disabilities
and workers--have urged the Department to require enhanced training in
this area.
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\3\ Additional related information can be found in Paralyzed
Veterans of America's (PVA) Rulemaking Petition, viewable in the
rulemaking's docket, Docket DOT-OST-2022-0144, and available online
at <a href="https://www.regulations.gov/docket/DOT-OST-2022-0144">https://www.regulations.gov/docket/DOT-OST-2022-0144</a>. PVA has
separately submitted a formal complaint to the Department detailing
many other similar travel experiences of its members from 2022. The
formal complaint's docket number is DOT-OST-2022-0075.
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The advocates have also maintained that damage to passengers'
personal wheelchairs and scooters can result from insufficient
training.\4\ Wheelchair users today cannot travel in their own
wheelchairs and must surrender their wheelchairs to an airline for
stowage prior to travel. This means passengers must rely on airline
staff and contractors to properly handle a wheelchair or scooter and
return it in the condition it was received. The advocates have stressed
to the Department that, when an individual's wheelchair or scooter is
delayed or damaged by an airline, the individual's mobility, health,
and freedom are impacted until the device can be returned, repaired, or
replaced. According to advocates, wheelchairs are custom-fitted to meet
the needs and shape of each user. Spending time in an ill-fitting chair
can cause serious injury, such as pressure sores, and even death as a
result of a subsequent infection. Further, loaner devices may lack the
customized assistive technology that helps the individual speak or
breathe, and have inadequate functions that limit mobility. A
disability organization also asserted that, according to its survey,
the top reason individuals with mobility impairments avoid travel is
because of concerns about wheelchair damage.\5\
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\4\ See, PVA's Rulemaking Petition, Docket DOT-OST-2022-0144,
and available online at <a href="https://www.regulations.gov/docket/DOT-OST-2022-0144">https://www.regulations.gov/docket/DOT-OST-2022-0144</a>.
\5\ PVA's informal online survey, titled The ACAA Survey, and
its results were published in September 2022 and can be accessed
online at <a href="https://pva.org/wp-content/uploads/2022/09/2022-ACAA-Survey-Results-FINAL.pdf">https://pva.org/wp-content/uploads/2022/09/2022-ACAA-Survey-Results-FINAL.pdf</a>.
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The concerns of the disability community were further echoed by the
hundreds of people who participated in the Department's Public Meeting
on Air Travel by Persons Who Use Wheelchairs, which was held virtually
on March 24, 2022, and the many others who submitted written comments
to the meeting's docket.\6\ The purpose of the meeting was to listen
and learn from individuals who use wheelchairs on the difficulties that
they encounter during air travel and from airlines on both the
challenges that they face in providing accessible air transportation
and the actions that they are taking, or plan to take, to improve the
air travel environment for wheelchair users. The Department heard from
many individuals with disabilities about how a mishandled wheelchair is
a significant and serious problem that endangers their health and
limits their mobility and independence. For example, one commenter
stated, ``These are not one-size-fits-all products and damaging them
can have enormous negative consequences for the person having to use
them. Recreating damaged or lost chairs takes time and money.'' \7\
Another individual wrote, ``My [wheelchair] has come back to me with
missing pieces and scratches and scrapes. Think of a wheelchair as
essentially being my legs and when my `legs' are damaged or broken then
I cannot go about my daily activities.'' \8\
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\6\ See Docket DOT-OST-2022-0014, available online at <a href="https://www.regulations.gov/docket/DOT-OST-2022-0014">https://www.regulations.gov/docket/DOT-OST-2022-0014</a>.
\7\ See Comment from Robert Westal, posted to the meeting's
docket on April 18, 2022, available online at <a href="https://www.regulations.gov/comment/DOT-OST-2022-0014-0172">https://www.regulations.gov/comment/DOT-OST-2022-0014-0172</a>.
\8\ See Comment from Kelly Pelong, posted to the meeting's
docket on April 22, 2022, available online at <a href="https://www.regulations.gov/comment/DOT-OST-2022-0014-0178">https://www.regulations.gov/comment/DOT-OST-2022-0014-0178</a>.
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Individuals with disabilities also shared their perspectives on the
negative effects of significant delays in receiving wheelchair
assistance, actions that they believe airlines should take when a
wheelchair has been mishandled, and the harm that they suffer because
of unsafe transfers to and from aircraft seats, aisle chairs, or their
personal wheelchairs. A disability organization stated that ``[w]ait
times [for assistance] can be astronomical,'' resulting in significant
consequences including wasted time, missed connections, and additional
time spent without access to the restroom, which can have significant
health impacts for individuals.\9\ Regarding transfers, another
individual wrote that ``[t]he process of transferring out of our
wheelchairs can be inconvenient at best and traumatizing at worst,''
and recommended that ``[t]he Department of Transportation must hold
airlines accountable for the injuries that they cause people with
disabilities.'' \10\
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\9\ See Comment from National Council on Independent Living,
posted to the meeting's docket on April 8, 2022, available online at
<a href="https://www.regulations.gov/comment/DOT-OST-2022-0014-0141">https://www.regulations.gov/comment/DOT-OST-2022-0014-0141</a>.
\10\ See Comment from Stephanie Woodward, posted to the
meeting's docket on April 25, 2022, available online at <a href="https://www.regulations.gov/comment/DOT-OST-2022-0014-0186">https://www.regulations.gov/comment/DOT-OST-2022-0014-0186</a>.
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In association with the March 2022 meeting, the Department received
approximately 192 written comments from advocates, airlines, other
industry stakeholders, and individuals in response to the public
meeting. Generally, comments discussed mishandled wheelchairs
(including damages and delays, related airline procedures for handling,
assistance after a mishandling, and related training for airline
personnel), safety of physical assistance (including transfers, use of
equipment such as aisle chairs, and related training for airline
personnel), or other miscellaneous topics.
Individuals and advocates also described several potential actions
to address these issues. Some ideas they raised included:
<bullet> Holding airlines accountable and enforcing higher
penalties against airlines for wheelchair damages;
<bullet> Enhancing the designs of aisle chairs, wheelchairs, and
aircraft cargo compartments;
<bullet> Requiring airlines to use certain equipment and establish
processes for handling wheelchairs and physically assisting passengers
with mobility impairments;
<bullet> Requiring airlines to provide additional training,
including hands-on training, to employees and contractors; and
<bullet> Allowing passengers to use their personal wheelchairs on-
board aircraft.\11\
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\11\ In FY2023, the Federal Aviation Administration (FAA)
initiated a three-year research roadmap to investigate the
feasibility of enabling passengers to stay in their personal
wheelchairs while travelling on commercial aircraft. This research
program builds on the U.S. Access Board and Transportation Research
Board Report on the Feasibility of Wheelchair Securement Systems on
Passenger Aircraft and may support potential future rulemaking.
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Representatives of airlines noted that the industry is currently
making best efforts to accommodate passengers with disabilities and to
mitigate any negative consequences, including by providing appropriate
training to personnel, starting repair and replacement procedures
immediately after mishandlings, and working directly with passengers to
secure loaner wheelchairs that best meet passengers' needs. Some
airlines also advocated for other key stakeholders (e.g., airports,
mobility aid service providers, mobility aid manufacturers, airport
vendors, and travel agents) to assist in addressing problems outside of
their control. Further, airline representatives believe that any new
training requirements must be adaptable and that recurrent hands-on
training should be limited to employees who are involved in a
mishandling incident or have failed to follow procedures, due to
training cost considerations.
[[Page 17770]]
B. Disability-Related Complaint Data and Mishandled Wheelchair Data
Disability complaints filed with the Department and the airlines
demonstrate dissatisfaction with the assistance provided to wheelchair
users during air travel. Further, the mishandled wheelchair and scooter
data that the Department requires airlines to report monthly shows that
the number of mishandled wheelchairs and scooters is just as high today
as it was in calendar year 2019, when airlines first reported this data
for the full year. It also reveals that the wheelchairs and scooters
are mishandled at a much higher rate than checked bags.\12\
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\12\ In 2019, carriers reported approximately 10,548 wheelchair
and scooter mishandlings, equating to a mishandling rate of 1.54%.
In 2022, carriers reported approximately 11,389 wheelchair and
scooter mishandlings, equating to a mishandling rate of 1.54%. In
2019 and 2022, carriers reported total baggage mishandlings at a
rate of .655%, and .63%, respectively.
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Inadequate wheelchair assistance, which includes untimely
assistance and unsafe physical assistance, is the top disability
complaint category for the Department and airlines. These complaints
account for more than 40% of all disability-related complaints that
consumers filed with the Department from 2013 to 2022.\13\ Also, more
than 46% of the disability-related complaints that U.S. and foreign air
carriers received directly from consumers from 2013 to 2021 were
related to inadequate wheelchair assistance.\14\ In addition, from 2013
to 2022, the number of complaints regarding inadequate wheelchair
assistance that the Department received from consumers and that the
airlines received directly from consumers increased significantly.\15\
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\13\ From 2013 to 2022, the Department received a total of 9,878
disability-related complaints from consumers. Of those, 4,144 were
related to inadequate wheelchair assistance. Data regarding
complaints that aviation consumers file with the Department against
airlines can be found in the Department's Air Travel Consumer Report
(ATCR). The ATCRs are available on the Department's aviation
consumer protection website at <a href="https://www.transportation.gov/individuals/aviation-consumer-protection/air-travel-consumer-reports">https://www.transportation.gov/individuals/aviation-consumer-protection/air-travel-consumer-reports</a>.
\14\ From 2013 to 2021, U.S. and foreign carriers reported to
the Department that they received a total of 278,437 disability-
related complaints directly from consumers. Of those, 130,036 were
related to inadequate wheelchair assistance. Data regarding
disability-related complaints that aviation consumers file directly
with U.S. and foreign carriers can be found in the Department's
Annual Report on Disability-Related Air Travel Consumer Complaints.
The Department notes that data for calendar year 2022 is not
available yet. The Reports are available on the Department's
aviation consumer protection website at <a href="https://www.transportation.gov/airconsumer/annual-report-disability-related-air-travel-complaints">https://www.transportation.gov/airconsumer/annual-report-disability-related-air-travel-complaints</a>.
\15\ In 2013, the Department received 362 inadequate wheelchair
assistance complaints out of 679 total disability complaints, and
airlines received 11,768 inadequate wheelchair assistance complaints
out of 25,246 total disability complaints. In 2022, the Department
received 838 inadequate wheelchair assistance complaints out of
2,095 total disability complaints and in 2021, airlines received
17,241 of such complaints out of 33,631 total disability complaints.
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Mishandled assistive devices, including delayed and damaged
wheelchairs and scooters, are another significant disability-related
complaint area. From 2013 to 2022, such complaints accounted for more
than 13% of all disability-related complaints that consumers filed with
the Department.\16\ It is either the second or third largest
disability-related complaint category that the Department receives from
consumers depending on the year.\17\ U.S. and foreign air carriers also
receive a significant number of complaints related to mishandled
assistive devices directly from consumers.\18\
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\16\ From 2013 to 2022, the Department received a total of 9,878
disability-related complaints from consumer. Of those, 1,358 were
related to mishandled assistive devices.
\17\ From 2013 to 2017, the top disability-related complaint
category was inadequate wheelchair assistance (49%), the second
highest category was mishandled assistive devices (14%), and third
highest category was seating accommodations (11%). From 2018 to
2022, inadequate wheelchair assistance remained the top disability-
related complaint category (37%), service animals was the second
highest category (23%), and mishandled assistive devices was the
third highest category (14%).
\18\ For example, carriers reported to the Department that in
2019, they received almost 4,000 complaints related to damage,
delay, and storage of assistive devices out of 42,418 total
disability complaints, and in 2022, they received over 4,140 such
complaints out of 42,144 total disability complaints.
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The Department also reviewed the data that reporting carriers \19\
submit monthly to the Department on the total number of wheelchairs and
scooters that they transport and the total number of those that are
mishandled.\20\ This reporting reveals that more than one in every 100
wheelchairs and scooters transported in the cargo compartments of
domestic flights are mishandled (i.e., damaged, delayed, lost, or
pilfered). Below is a table that summarizes the data on mishandled
wheelchairs and scooters from 2019 through June 2023.
---------------------------------------------------------------------------
\19\ ``Reporting carrier'' is defined in 14 CFR 234.2 as a U.S.
carrier that accounts for at least 0.5 percent of the domestic
scheduled-passenger revenues. For calendar year 2002, the reporting
carriers were: Alaska Airlines, Allegiant Air, American Airlines,
Delta Air Lines, Envoy Air, Frontier Airlines, Hawaiian Airlines,
Horizon Air, JetBlue Airways, Mesa Airlines, PSA Airlines, Republic
Airways, SkyWest Airlines, Southwest Airlines, Spirit Airlines, and
United Airlines.
\20\ Pursuant to 14 CFR part 234, U.S. airlines classified as
``reporting carriers'' are required to report to the Department
monthly data on the number of wheelchairs and scooters they
transport in the aircraft cargo compartment and the number of
wheelchairs and scooters that are mishandled (i.e., damaged,
delayed, lost, or pilfered). This reporting requirement has applied
to reporting carriers for their operations on and after December 4,
2018. In addition, reporting carriers have been required to report
for the operations of their branded codeshare partners on and after
January 1, 2019. Mishandled wheelchair and scooter data are
published monthly in the Department's ATCR along with information on
the number of disability-related complaints that aviation consumers
file with the Department against airlines. The ATCRs are available
on the Department's aviation consumer protection website at <a href="https://www.transportation.gov/individuals/aviation-consumer-protection/air-travel-consumer-reports">https://www.transportation.gov/individuals/aviation-consumer-protection/air-travel-consumer-reports</a>.
Table 3--Reported Wheelchair and Scooter Data by Year
----------------------------------------------------------------------------------------------------------------
Percent of
Total number of Total number of wheelchairs and
Year wheelchairs and wheelchairs and scooters mishandled
scooters enplaned scooters mishandled per 100 enplaned
----------------------------------------------------------------------------------------------------------------
2019.......................................... 685,792 10,548 1.54
2020.......................................... 268,676 3,464 1.29
2021.......................................... 553,969 7,239 1.31
2022.......................................... 741,582 11,389 1.54
2023 (January through June)................... 390,200 5,361 1.37
----------------------------------------------------------------------------------------------------------------
As shown, the rate of mishandling is generally not improving, and
mishandled wheelchairs and scooters remain a significant source of
concern for individuals with mobility impairments. In addition, as
stated above, wheelchairs and scooters are mishandled at over twice the
rate of checked bags, and the consequences
[[Page 17771]]
that passengers with disabilities face when their wheelchairs and
scooters are mishandled can be far more serious than when checked bags
are mishandled.
C. ACAA Advisory Committee
In 2019, as mandated by the 2018 FAA Act, the Department
established the Air Carrier Access Act (ACAA) Advisory Committee to
identify and assess barriers to accessible air travel, determine the
extent to which the Department is addressing those barriers, and
recommend improvements. When determining the specific duties of the
Committee, the Department prioritized work needed to carry out other
provisions of the 2018 FAA Act. For example, as stated above, section
440 of the 2018 FAA Act directs the Department to review, and if
necessary revise, applicable regulations to ensure that passengers with
disabilities receive dignified, timely, and effective assistance at
airports and onboard aircraft from trained personnel and to ensure that
airline personnel who provide physical assistance to passengers with
disabilities receive annual training that includes, as appropriate,
hands-on instructions and the appropriate use of relevant equipment.
Given the interest expressed by stakeholders in consulting with the
Department before the Department determines if revisions to the
regulations are necessary, the Department tasked the ACAA Advisory
Committee with gathering information on the barriers encountered by
individuals with disabilities in obtaining guide and wheelchair
assistance at airports and on aircraft. The Committee was also tasked
with examining airlines' disability training programs for employees and
contractors who interact with the traveling public. The ACAA Advisory
Committee held public meetings in March 2020 and September 2021 and
submitted its final report to the Department in February 2022.\21\
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\21\ ``Final Report: Air Carrier Access Act Committee
Recommendation'' (February 4, 2022), available at <a href="https://www.regulations.gov/document/DOT-OST-2018-0204-0040">https://www.regulations.gov/document/DOT-OST-2018-0204-0040</a>.
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In its final report, the ACAA Advisory Committee made various
regulatory and non-regulatory recommendations to the Department related
to assistance provided to passengers with disabilities at airports and
on aircraft. Specifically, the ACAA Advisory Committee recommended that
the Department ``continue to use the totality of the circumstances
standard to determine if enplaning, deplaning and connecting assistance
is prompt'' and ``swiftly issue its rulemaking clarifying that the
[Department's] requirement to provide prompt assistance includes
assistance moving within the airport when requested by or on behalf of
a passenger with a disability with a departing, arriving or connecting
flight.'' \22\ The Committee also recommended that ``DOT codify the
timeliness standard described in the Preamble of the 2008 final rule
with respect to providing deplaning assistance by aisle chair (i.e.,
aisle chair and personnel be at the arrival gate no later than as soon
as other passengers have deplaned).'' \23\
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\22\ Id. at 13-14.
\23\ Id. at 13.
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The non-regulatory recommendations of the ACAA Advisory Committee
include new and improved industry standards for wheelchair labelling
that will facilitate safe and proper air transport, the establishment
of working groups comprising disability advocates and aviation industry
stakeholders to study and develop new guidance and best practices for
wheelchair handling and securement, and the continuation of consumer
education efforts, among other things. Furthermore, the ACAA Advisory
Committee recommended that, as best practice, airlines provide hands-on
training as appropriate to airline or contractor personnel who provide
physical assistance to passengers with disabilities and airline or
contractor personnel who handle battery-powered wheelchairs or scooters
hands-on training.\24\
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\24\ Id. at 22.
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D. Paralyzed Veterans of America's Petition for Rulemaking
In a petition filed with the Department on December 20, 2022,
Paralyzed Veterans of America (PVA) \25\ stated that it believes the
current ACAA regulation could be improved by: (1) mandating that only
highly trained airline personnel or contractors provide boarding and
deplaning assistance to individuals with mobility disabilities; (2)
prohibiting carriers from transferring a passenger into an aisle chair
until ready to seat the passenger on an aircraft seat or personal
wheelchair; (3) requiring carriers to document and track problems that
occur during the boarding and deplaning process; (4) clarifying
carriers' obligation to return all wheelchairs and other assistive
devices in the condition in which they were received; and (5)
strengthening carriers' obligations in the event that they damage,
lose, or otherwise mishandle a wheelchair or other assistive device.
PVA elaborated that, in the event airlines mishandle an assistive
device, the Department should establish a timeline to which carriers
must adhere when repairing or replacing the wheelchair or other
assistive device, to prevent passengers having to wait months to have
their damaged wheelchair repaired or to receive a new chair. PVA also
suggested that the Department require carriers to provide ``adequate
interim accommodations'' after a mishandling.\26\
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\25\ Paralyzed Veterans of America is a congressionally
chartered veterans service organization founded in 1946, whose
members are primarily veterans of the armed forces who have
experienced spinal cord injury or dysfunction. PVA is an active
advocate for various issues involving the special needs of its
members, including health care, research and education, benefits,
and civil rights. Additional information about the organization can
be found on PVA's website at <a href="https://pva.org/about-us/">https://pva.org/about-us/</a>.
\26\ The full Petition can be viewed in the rulemaking's docket,
Docket DOT-OST-2022-0144, available online at <a href="https://www.regulations.gov/docket/DOT-OST-2022-0144">https://www.regulations.gov/docket/DOT-OST-2022-0144</a>.
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Separate from the Petition, DOT staff also met with PVA, at their
request, on December 19, 2022, to listen to PVA's suggestions on other
actions that the Department could take to improve accessibility for
wheelchair users.\27\ Specifically, PVA mentioned issues with loaner
wheelchair vendors and options available to passengers after a
mishandling. PVA proposed that airlines should offer temporary
wheelchair repairs so that passengers can continue with their journeys
in their own wheelchairs to the maximum extent possible until a full
repair can be secured. PVA also raised issues regarding the repair
claim process and noted that passengers need to be given sufficient
time to review repairs carried out by airlines to determine whether the
repairs are sufficient. PVA stated that often passengers would prefer
to handle wheelchair repairs and replacements themselves through their
own preferred vendors. PVA lastly raised other concerns related to
requiring accommodations for impacted passengers should their
wheelchair not fit on a flight.
---------------------------------------------------------------------------
\27\ In accordance with the Department's rules and guidance
regarding ex parte communications in informal rulemakings, a record
of this meeting has been placed in this rulemaking's docket: <a href="https://www.regulations.gov/document/DOT-OST-2022-0144-0003">https://www.regulations.gov/document/DOT-OST-2022-0144-0003</a> [hereinafter
PVA Meeting, December 2022].
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III. Discussion of Proposals
A. Providing Assistance to Individuals With Disabilities
1. Safe and Dignified Assistance
The ACAA, which prohibits airlines from discriminating against an
individual with a disability because of his or her disability, is
celebrated as a
[[Page 17772]]
law that recognizes the inherent dignity of people with disabilities
and their right to safe and accessible air travel. The Department's
regulation implementing the ACAA requires airline personnel who deal
with the traveling public to be trained to provide boarding and
deplaning assistance, when applicable to their duties, in a manner that
safeguards the safety and dignity of passengers.\28\ Airline personnel
must also train their personnel with respect to awareness and
appropriate responses to passengers with a disability.\29\ Despite this
training requirement, disability rights advocates have reported to the
Department that airlines frequently provide unsafe and undignified
assistance that results in physical injuries and emotional distress to
passengers with disabilities. The Department has also received consumer
complaints alleging undignified assistance such as being lifted
improperly causing passengers' pants to slide off in front of others
resulting in embarrassment.\30\ In addition, the Department has
received consumer complaints alleging unsafe assistance, such as being
dropped or bumped into armrests, walls, or other objects, resulting in
bruises, scrapes, and other serious injuries.\31\
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\28\ 14 CFR 382.141(a)(1)(iii).
\29\ 14 CFR 382.141(a)(2).
\30\ Other examples of complaints related to undignified
assistance include, but are not limited to: airline personnel
doubting the complainants' need for wheelchair assistance and
questioning them in front of other passengers; and airline personnel
making passengers with disabilities get out of wheelchairs and
enplane or deplane the aircraft on their own.
\31\ Other examples of complaints related to unsafe assistance
include, but are not limited to: one airline personnel pushing two
passengers with disabilities in wheelchairs at the same time;
airline personnel not knowing how to use aisle chairs and/or how to
properly strap and secure passengers to aisle chairs; and airline
personnel dropping passengers with disabilities while transferring
them between wheelchairs and aircraft seats.
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In this proposed rulemaking, the Department is emphasizing the
importance of passengers with disabilities receiving assistance in a
safe and dignified manner by proposing to explicitly include in the
rule text that any assistance or accommodation required by the
Department's disability regulation must be provided to individuals with
disabilities in a safe and dignified manner. The Department seeks data,
analysis, and recommendations from interested persons on this proposal:
<bullet> Are the terms ``safe'' and ``dignified'' easily understood
by carriers and by the public?
<bullet> Should the Department include definitions for ``safe'' and
``dignified'' in part 382? If so, what should the Department consider
when drafting definitions for those terms?
<bullet> Are there any other specific practices or procedures that
the Department should require or prohibit to safeguard dignity and
safety for passengers with disabilities?
2. Prompt Enplaning, Deplaning, and Connecting Assistance
Airlines are currently required to provide prompt enplaning and
deplaning assistance, including, as needed, the use of ground
wheelchairs, accessible motorized carts, boarding wheelchairs (i.e.,
aisle chairs), and onboard wheelchairs.\32\ The Department's Office of
Aviation Consumer Protection has consistently interpreted the existing
regulatory requirement to provide prompt enplaning and deplaning
assistance to also include assistance to move within the airport
because the use of an accessible motorized cart is provided as one
example of how to provide prompt enplaning and deplaning
assistance.\33\ Moving within the airport means moving from the
terminal entrance through the airport to the gate for a departing
flight, moving from the gate for an arriving flight to the terminal
entrance, or moving between gates to make a connection to another
flight.
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\32\ 14 CFR 382.95(a).
\33\ See cases cited supra note 2.
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With respect to what constitutes ``prompt'' assistance, the
Department has not previously adopted a specific maximum timeframe
within which the requested assistance must be provided. Rather, except
when a passenger is deplaning with the use of an aisle chair, the
Department has adopted a reasonable performance-based standard and
considers ``the totality of circumstances'' of each case to determine
whether the requested assistance was provided promptly. The Department
emphasizes that a reasonable performance standard includes carriers
taking steps to ensure they have the proper staffing levels needed to
handle anticipated service requests. With respect to deplaning
assistance by aisle chair, the Department explained that to be prompt
``personnel and boarding chairs should be available to deplane the
passenger no later than as soon as other passengers have left the
aircraft.'' \34\
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\34\ See Final Rule, Nondiscrimination on the Basis of
Disability in Air Travel, 73 FR 27614, at 27620, May 13, 2008.
---------------------------------------------------------------------------
As stated above, untimely wheelchair assistance is one of the top
categories of complaints that the Department receives from air
travelers with disabilities. Further, in response to the Department's
March 2022 public meeting, several comments from advocates and
individuals with disabilities specifically cited experiences with
excessive wait times for requested assistance, including long
wheelchair service queues when arriving at airports and delayed
assistance while enplaning and deplaning. These comments also mentioned
that such delays can result in passengers missing flights or other
important events. In addition, commenters noted that when airlines do
not provide prompt assistance, passengers may feel forgotten,
frustrated, and anxious. According to these commenters and complaints
against airlines received by DOT, this may at times result in
passengers attempting to move through the airport on their own without
any assistance, which could be uncomfortable, painful, and harmful to
passengers with disabilities. Some commenters added that they believe a
major contributing factor for such delays was that airlines and their
contractors do not have the proper staffing levels needed to handle
service request volumes.
Airlines For America (A4A) and International Air Transport
Association (IATA) submitted a joint comment in response to the
Department's March 2022 public meeting. A4A and IATA stated that
airlines provide prompt assistance as required by the Department's
rules and that the appropriate determination of promptness is through a
totality of the circumstances standard. A4A and IATA further explained
that assistance wait times can be impacted by a variety of factors,
including: whether the passenger has provided advance notice to the
airline; the size of the aircraft and the number of passengers
deplaning; the number of assistance requests for a given flight;
unforeseen staffing and operational issues; and airport layouts.\35\
The Avianca Carriers also submitted a comment in response to the
Department's March 2022 public meeting.\36\ Avianca Carriers stated
that the services they offer to passengers with disabilities are being
taken advantage of by passengers who are not qualified individuals with
disabilities. They explained that such passengers put a strain on
available resources to provide timely assistance and affect the wait
times passengers with disabilities experience in enplaning, deplaning,
and
[[Page 17773]]
moving through the terminal.\37\ As another reason for long wait times,
Avianca Carriers noted that at certain airports, there is only one
service provider approved by the airport authority. They state that
this lack of competition can result in lower quality service and higher
prices for airlines that contract out these services.
---------------------------------------------------------------------------
\35\ See <a href="https://www.regulations.gov/comment/DOT-OST-2022-0014-0188">https://www.regulations.gov/comment/DOT-OST-2022-0014-0188</a>.
\36\ See <a href="https://www.regulations.gov/comment/DOT-OST-2022-0014-0098">https://www.regulations.gov/comment/DOT-OST-2022-0014-0098</a>.
\37\ This issue was also raised during discussions of the ACAA
Advisory Committee. In its final report, the Committee states, ``In
a growing number of cases, requests for wheelchair assistance are
being made by non-disabled passengers. This impacts the timeliness
of assistance provided to passengers with disabilities.'' See
``Final Report: Air Carrier Access Act Committee Recommendation'' at
17. To help address this issue, the Committee recommended that DOT
post language on its website clarifying who is and is not entitled
to wheelchair assistance under DOT's ACAA regulation and supported
additional guidance on this point. DOT has implemented the
Committee's recommendation and placed clarifying language on its
website at <a href="https://www.transportation.gov/individuals/aviation-consumer-protection/wheelchair-and-guided-assistance">https://www.transportation.gov/individuals/aviation-consumer-protection/wheelchair-and-guided-assistance</a>.
---------------------------------------------------------------------------
The Department's ACAA Advisory Committee also examined the issue of
prompt enplaning, deplaning, and connecting assistance. As discussed
earlier, the ACAA Advisory Committee recommended that the Department
continue to use the totality of the circumstances standard to determine
if enplaning, deplaning, and connecting assistance is prompt.\38\ The
ACAA Advisory Committee also recommended that the Department codify the
timeliness standard described in the Preamble of the 2008 final rule
with respect to providing deplaning assistance by aisle chair (i.e.,
aisle chair and personnel be at the arrival gate no later than as soon
as other passengers have deplaned).\39\ Furthermore, the ACAA Advisory
Committee recommended that the Department swiftly issue a rulemaking
clarifying that the Department's requirement to provide prompt
assistance includes assistance moving within the airport when requested
by or on behalf of a passenger with a disability with a departing,
arriving, or connecting flight.\40\
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\38\ See ``Final Report: Air Carrier Access Act Committee
Recommendation'' at 13.
\39\ Id.
\40\ Id. at 14.
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This NPRM proposes to clarify that all boarding, deplaning, and
connecting assistance provided, including moving within the airport
terminal, must be carried out by airlines in a ``prompt'' manner. This
proposal is consistent with the Department's longstanding
interpretation and practice. This proposal is also consistent with the
recommendations of the ACAA Advisory Committee to issue a rulemaking
clarifying that the requirement to provide prompt assistance includes
assistance moving within airport when requested by or on behalf of a
passenger with a disability with a departing, arriving, or connecting
flight.
The Department also proposes to codify its longstanding practice of
considering the totality of circumstances when evaluating whether
assistance was provided in a prompt manner when deplaning assistance by
aisle chair is not needed. The Department believes that this standard
is appropriate given the number of factors and circumstances that may
impact the timeliness of assistance, including many of those mentioned
in the comments from A4A and IATA in response to the Department's March
2022 public meeting. In addition, this proposal follows the ACAA
Advisory Committee's recommendation for the Department to ``continue to
use the totality of the circumstances standard to determine if
enplaning, deplaning and connecting assistance is prompt.''
This NPRM also proposes to codify the Department's longstanding
interpretation that for deplaning assistance by aisle chair, ``prompt''
means that personnel and boarding chairs must be available to deplane
the passenger no later than as soon as other passengers have left the
aircraft. This proposal is in line with ACAA Advisory Committee's
recommendation that the Department codify the timeliness standard
described in the Preamble of the 2008 final rule with respect to
providing deplaning assistance by aisle chair. The Department is also
proposing that the passenger's personal wheelchair must be ready and
available as close as possible to the door of the aircraft, to the
maximum extent possible, except: where this practice would be
inconsistent with Federal regulations governing transportation security
or the transportation of hazardous materials; or when the passenger
requests the wheelchair be returned at a location other than the door
of the aircraft. The maximum extent possible does not mean that
airlines can simply decide that it is too much work to provide
passengers their own wheelchairs at the gate. It is intended to address
the limited situations where it may not be possible to bring
passengers' wheelchairs to the door of the aircraft. For example, if a
passenger has a short connection time, then it may be necessary to
transfer the wheelchair directly to the next flight. Also, the
Department notes that if a passenger requests the wheelchair be
returned at a location other than the door of the aircraft, an airport
wheelchair must be available for the passenger's use. The Department
believes that these additional proposals will reduce the amount of time
that passengers with disabilities may have to sit and wait in aisle
chairs, which passengers with disabilities state are uncomfortable and
can completely restrict their ability to move independently.
The Department seeks data, analysis, and recommendations from
interested persons on this proposal:
<bullet> Should the Department continue to consider the totality of
circumstances to determine whether assistance with enplaning,
deplaning, and moving within the airport (e.g., moving from the
terminal entrance through the airport to the gate for a departing
flight, or from the gate to the terminal entrance, or moving between
gates to make a connection) is provided promptly?
<bullet> With respect to deplaning assistance that requires the use
of aisle chairs, should ``promptly'' continue to mean that personnel
and boarding chairs must be available to deplane the passenger no later
than as soon as other passengers have left the aircraft?
<bullet> For prearranged deplaning assistance that does not require
the use of aisle chairs (i.e., a passenger with a disability is able to
walk short distances), should ``prompt'' be based on the totality of
circumstances or mean that personnel and an airport wheelchair must be
available to assist the passenger with moving from the gate to the
terminal entrance (or moving between gates to make a connection) by the
time that all other passengers have left the aircraft? Alternatively,
should ``prompt'' mean that personnel and an airport wheelchair are
ready and waiting for the passenger at the gate by the time the
aircraft doors open and passengers begin to deplane? Should the fact
that the individual is able to deplane the aircraft on his or her own
factor into when the assistance is available?
<bullet> Is there another standard that the Department should use
to define ``prompt? ''
B. Handling Requirements for Wheelchairs, Mobility Aids, and Other
Assistive Devices
1. Mishandling Wheelchairs, Mobility Aids, and Other Assistive Devices
as a Per Se Violation
Damaged and delayed personal wheelchairs and scooters are a major
concern because these devices are essential to the user's independence
and mobility. Although airlines today are required to compensate
passengers on domestic flights for mishandled
[[Page 17774]]
wheelchairs up to the original price of the wheelchair,\41\ this does
not make passengers whole. In response to the March 2022 public
meeting, the Department received many comments emphasizing that
wheelchair mishandlings can lead to a multitude of problems for
individuals, including fear of flying; lost wages; loss of
independence; physical injury; and expensive and lengthy device repairs
and/or replacements. Thus, it is of utmost importance that these
assistive devices are transported safely to the passenger's
destination.
---------------------------------------------------------------------------
\41\ See 14 CFR 382.131. For international flights, the baggage
provisions of the Montreal Convention, a multilateral treaty adopted
by member states of the International Civil Aviation Organization
(ICAO), apply.
---------------------------------------------------------------------------
The Department's disability regulation specifies that airlines must
return a wheelchair or other assistive device to the passenger in the
same condition in which the airline received it.\42\ However, this
requirement is under a heading stating, ``What other requirements apply
when passengers' wheelchairs, other mobility aids, and other assistive
devices must be disassembled for stowage?'' This has resulted in
assertions that the requirement to return a wheelchair or other
assistive device in the condition it was received only applies if an
airline disassembles the wheelchair or other assistive device. In this
NPRM, the Department is proposing to clarify that any mishandling of a
passenger's checked wheelchair or other assistive device is a violation
of the ACAA and is proposing to make the mishandling of a wheelchair or
other assistive device a per se violation.\43\ Thus, under the
proposal, any checked wheelchair or other assistive device that is
lost, delayed, damaged, or pilfered (i.e., stolen) while under the
custody and control of an airline would be considered a violation of
the ACAA and part 382 regardless of the circumstances surrounding the
event.
---------------------------------------------------------------------------
\42\ 14 CFR 382.129.
\43\ ``Per se'' is a Latin phrase that means ``by itself'' or
``inherently.''
---------------------------------------------------------------------------
Airlines have asserted that wheelchair design and aircraft design
limitations, which are factors outside of their control, can create
significant issues when airline personnel or contractors handle
passengers' wheelchairs and may lead to damaged devices or the
inability to transport them altogether. The Department's ACAA Advisory
Committee acknowledged this point and recommended the establishment of
a working group ``to study how battery-powered wheelchairs and scooters
could best fit and be secured within the bulk cargo compartment of both
narrow-bodied aircraft and wide-bodied aircraft.'' \44\ The ACAA
Advisory Committee also recommended other actions to improve wheelchair
handling, including an examination on improving airline checklists and
forms for handling wheelchairs to make the checklists and forms more
consistent across airlines and written in plain language.\45\
---------------------------------------------------------------------------
\44\ See ``Final Report: Air Carrier Access Act Committee
Recommendation'' at 12.
\45\ See id. at 9.
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IATA, who has taken the lead on these initiatives, expressed
concern that this rulemaking would not consider the committee's
recommendations or IATA's on-going work to implement the
recommendations related to wheelchair handling.\46\ In December 2022,
the Department met with IATA regarding this matter and informed the
organization that it would consider its work to the extent that it was
completed prior to the publication of this rulemaking. IATA shared its
finalized wheelchair handling guidance with the Department in early
2023.\47\ The Rehabilitation Engineering and Assistive Technology
Society of North America (RESNA) is also doing work in this area.
Specifically, RESNA, a wheelchair standard-setting organization,
recently published new wheelchair labeling and design requirements for
stowage and transport in commercial aircraft.\48\ The new standard
includes all the information needed by airlines to create templates to
request needed information from passengers regarding their wheelchairs.
---------------------------------------------------------------------------
\46\ International Air Transport Association (IATA), Guidance on
The Transport of Mobility Aids (1st ed. 2023), available online at
<a href="https://www.iata.org/">https://www.iata.org/</a> org/.
\47\ In accordance with the Department's rules and guidance
regarding ex parte communications in informal rulemakings, a record
of this meeting has been placed in this rulemaking's docket: <a href="https://www.regulations.gov/document/DOT-OST-2022-0144-0002">https://www.regulations.gov/document/DOT-OST-2022-0144-0002</a>.
\48\ The RESNA AT-1 Section 4 standard is available on RESNA's
website at <a href="https://www.resna.org/Portals/0/AT_AT-1_Section%204_SellSheet_9_30_21.pdf">https://www.resna.org/Portals/0/AT_AT-1_Section%204_SellSheet_9_30_21.pdf</a>.
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This rulemaking is not in conflict with the ACAA Advisory
Committee's recommendations, IATA's subsequent work, or RESNA's work.
The Department encourages IATA and RESNA to continue with its valuable
research and developments in this area. The Department believes that
this rulemaking emphasizes the importance of their work, especially as
it relates to steps that can be taken by airlines, aircraft
manufacturers, and others to reduce instances of wheelchair and scooter
mishandlings.
The NPRM also proposes to add a definition for ``mishandled'' as it
relates to wheelchairs or other assistive devices to mean lost,
delayed, damaged, or pilfered (i.e., stolen), which is consistent with
how the Department defines a ``mishandled checked bag'' in another
aviation regulation.\49\ In addition, the Department is proposing that
when carriers mishandle wheelchairs and scooters, they have an
obligation to inform passengers of their rights and options for moving
forward. More specifically, this NPRM proposes to require airlines to
immediately notify the passenger of his or her rights to: (1) file a
claim with the airline; (2) receive a loaner wheelchair from the
airline with certain customizations (as explained below); (3) choose a
preferred vendor, if desired, for repairs or replacement of a damaged
device; and (4) to have a Complaints Resolution Official (CRO)
available and be provided information on how to contact the CRO. This
requirement would enable impacted passengers to make informed decisions
regarding remedies available to them after mishandlings and ensure that
they receive prompt and proper assistance.
---------------------------------------------------------------------------
\49\ See 14 CFR 234.
---------------------------------------------------------------------------
The Department asks for comments and data from interested parties
and persons on all parts of this proposal.
<bullet> Is it reasonable to consider any mishandling of a
wheelchair or other assistive device a per se violation of the ACAA?
Why or why not?
<bullet> Is the proposed definition for ``mishandled'' appropriate?
Why or why not?
<bullet> What, if anything, do airlines currently tell passengers
when checked wheelchairs and scooters are mishandled?
<bullet> Is the Department's proposal that carriers must notify
passengers of their rights and options when checked wheelchairs and
scooters are mishandled sufficient? Why or why not?
<bullet> Should the proposal to notify passengers of their rights
and options be limited to wheelchairs and scooters or extended to
include other checked assistive devices?
2. Timely Passenger Notifications and Return of Delayed Wheelchairs or
Scooters
The Department requires carriers to ``provide for the checking and
timely return of passengers' wheelchairs, other mobility aids, and
other assistive devices as close as possible to the door of the
aircraft, so that passengers may use their own equipment to the extent
possible'' as long as the practice is consistent with relevant safety
and
[[Page 17775]]
security regulations.\50\ However, sometimes a passenger's wheelchair
or scooter is not transported on his or her flight, which means it
cannot be returned to the passenger in a timely manner upon arrival.
For example, an airline may lose track of a wheelchair before it makes
it onto the flight, an airline may not have necessary equipment or
staffing to timely load a wheelchair in the cargo, or a wheelchair may
not be able to safely fit into the cargo compartment of a given
aircraft. When such situations arise, it can lead to serious
consequences upon arrival for passengers that rely on their personal
wheelchairs and scooters. Passengers can be left stranded at airports,
may be immobile until their wheelchair is returned, and may also be
forced to cancel their upcoming plans and events.
---------------------------------------------------------------------------
\50\ 14 CFR 382.125(b).
---------------------------------------------------------------------------
As a preliminary matter, the Department believes that these
situations and resulting harms could potentially be avoided if airlines
provided passengers timely and accurate notifications about their
checked wheelchairs and scooters during the loading and unloading
process, including notification when a device cannot fit on a flight.
The Department believes that this information is crucial because it not
only gives passengers ``peace of mind,'' but also allows them to make
informed decisions when stowage issues arise. For instance, if a
passenger knows that his or her wheelchair has not been loaded on the
aircraft, then he or she can make an informed decision on whether to
continue the original flight without the wheelchair or to wait for
another flight. A passenger also may not want to wait in an aisle chair
upon arrival for reasons such as safety concerns. As such, by notifying
the passenger when his or her device has been unloaded from the
aircraft, the passenger can better determine when to begin the
deplaning process.
Accordingly, this NPRM proposes that airlines provide timely
notifications to passengers when their wheelchairs or scooters have
been loaded on and unloaded from the cargo compartment of their
flights. Under the proposal, airlines would also need to immediately
notify the passenger upon learning that his or her wheelchair or
scooter does not fit on the aircraft. The Department is not proposing a
specific method that carriers should use to provide the notifications
to passengers. Airlines may choose to have employees notify passengers
orally, to utilize technology to provide automated notifications, or to
use any other means to provide timely notifications. We note that some
airlines currently use technology that tracks the location of
passengers' checked baggage and provides notifications to passengers
through airlines' mobile applications when checked baggage has been
loaded or unloaded from aircraft. It is possible that this same
technology could be used to meet the proposed requirement.
This NPRM also proposes additional safeguards should an airline
fail to transport the passenger's wheelchair or scooter on his or her
same flight. Specifically, this NPRM proposes the following: if a
checked wheelchair or scooter is not transported on the passenger's
flight, the carrier would be required to transport the device to the
passenger's final destination within twenty-four (24) hours of the
passenger's arrival at that destination by whatever means possible. The
24-hour requirement is meant to allow enough time for airlines to
handle the logistics of the transport while also ensuring that
individuals are not subjected to lengthy periods of time without their
wheelchairs or scooters. The Department is also proposing to require
carriers to notify passengers that they have a choice of either picking
up their wheelchair or scooter at the final destination airport or
having it delivered to another location based on a reasonable request
made by the passenger (e.g., passenger's home or hotel). The Department
would consider the wheelchair or scooter to be provided to the
passenger (1) when the wheelchair or scooter is transported to a
location requested by the passenger if the passenger chooses to have it
delivered, regardless of whether the passenger is present to take
possession of the wheelchair or scooter; or (2) when the wheelchair or
scooter has arrived at the destination airport, is available for
pickup, and the carrier has provided notice to the passenger of the
location and availability of the wheelchair or scooter for pickup if
the passenger chooses to pick it up. The Department envisions ``by
whatever means possible'' to include the carrier seeking out other
commercial passenger flights or freight flights that could accommodate
the device and other ground shipping options that would result in
prompt delivery to the passenger. The carrier would be required to
cover costs for the transport.
The Department seeks comments and data in response to the following
questions related to this NPRM proposal:
<bullet> What are airlines' current practices regarding tracking
wheelchairs and scooters and providing updates and notifications to
passengers on the status of their wheelchairs and scooters?
<bullet> Should the Department consider requiring airlines to
provide other status updates to passengers about their checked
wheelchairs and scooters (e.g., stowage location of the passenger's
wheelchair or scooter on the flight)? Should the requirement to provide
status updates extend to other assistive devises that are checked in
cargo or be limited to wheelchairs and scooters?
<bullet> What are airlines' current policies and practices when a
passenger's wheelchair or scooter does not fit in the cargo
compartment?
<bullet> Are there any other concerns or factors that the
Department should consider when a passenger's wheelchair or scooter
does not fit in the cargo compartment? Because learning at the airport
that a wheelchair or scooter does not fit in the cargo compartment can
disrupt travel plans of passengers, should carriers be required to
provide the dimensions of their cargo compartments prior to travel to
any passenger who shares that he or she will be traveling with a
personal wheelchair or scooter? The Department notes that airlines are
already required to notify passengers, on request, of any limitations
on the availability of storage facilities, in the cabin or in the cargo
bay, for mobility aids or other assistive devices commonly used by
passengers with a disability.\51\
---------------------------------------------------------------------------
\51\ See 14 CFR 382.41(d).
---------------------------------------------------------------------------
<bullet> What are airlines' current policies and practices
regarding delayed wheelchairs and scooters?
<bullet> How do airlines deliver delayed wheelchairs and scooters
to passengers and what are the average associated costs? How long does
it typically take to get a delayed wheelchair or scooter to the
passenger?
<bullet> Do airlines cooperate with each other when seeking out
alternative flights to transport a delayed wheelchair or scooter to an
impacted passenger? Is the cooperation based on whether airlines have
an interline agreement with one another?
<bullet> How do airlines communicate and provide updates to
passengers regarding the status of their delayed wheelchairs and
scooters? Is there a preferred or best method for contact, such as by
email, text message, or phone call?
<bullet> In situations where the wheelchair of a passenger with
disabilities is delayed or damaged and the passenger is waiting for
his/her wheelchair or a loaner wheelchair at the airport, should
airlines be required to provide safe and adequate seating options that
will accommodate the passenger? What
[[Page 17776]]
types of seat options would accommodate passengers with disabilities
while they wait in the airport for their wheelchairs and what are the
costs and logistics associated with having these options available at
the airports?
<bullet> Should the Department consider any other factors or
standards when determining what is meant by device delivery to the
``passenger's final destination''? And if so, why?
<bullet> If an individual with a disability incurs additional,
associated costs because a wheelchair or scooter is delayed, should the
airline be responsible for reimbursing the individual for those costs?
What are these potential costs? What documentation should individuals
provide to airlines to substantiate these costs? Should there be a
limit to the airlines' liability?
3. Prompt Repair or Replacement of Lost, Damaged, or Destroyed
Wheelchairs or Scooters
Under existing regulations, in the event that a passenger's
wheelchair is damaged, lost, or destroyed by an airline on a domestic
flight, the normal baggage liability limits under 14 CFR part 254 do
not apply and instead carriers must use the original purchase price of
the device as the basis for calculating compensation.\52\ For
international flights, the provisions of the Montreal Convention, a
multilateral treaty adopted by member states of the International Civil
Aviation Organization (ICAO), apply. Under the Montreal Convention,
airlines must pay up to a limit of 1,131 Special Drawing Rights (SDR)
\53\ for an assistive device that is lost, damaged, or destroyed.
Beyond the compensation requirement, the Department's disability
regulation is silent regarding options and other necessary
accommodations for passengers with disabilities after their wheelchairs
and scooters have been mishandled, including how repairs and
replacements should be best handled based on the passenger's specific
circumstances and needs. The Department believes revisions to its
regulation are needed to ensure that passengers impacted by
mishandlings are not further plagued by unnecessary delays, undesirable
repair and replacement processes, and additional resulting costs.
---------------------------------------------------------------------------
\52\ See 14 CFR 382.131.
\53\ The SDR was created by the International Monetary Fund
(IMF) and is defined as ``equivalent to the value of a basket of
world currencies. The SDR itself is not a currency but an asset that
holders can exchange for currency when needed. The SDR serves as the
unit of account of the IMF and other international organizations.''
See <a href="https://www.imf.org/en/About/Factsheets/Sheets/2023/special-drawing-rights-sdr">https://www.imf.org/en/About/Factsheets/Sheets/2023/special-drawing-rights-sdr</a>. As of November 15, 2023, one SDR was roughly
equivalent to $1.32 USD in value.
---------------------------------------------------------------------------
When a passenger's personal wheelchair or scooter is mishandled by
an airline, carriers have different methods and policies for
coordinating wheelchair repairs and replacements. For example, after a
passenger files a claim, some carriers may require a passenger to use a
wheelchair repair vendor chosen or contracted by the carrier, while
others may allow the passenger to find a vendor on their own for the
handling of the repair or the replacement. When the carrier chooses the
vendor, the vendor may then reach out directly to the passenger to
provide their assessment and price quote. In some cases, if the damage
is very severe or if the vendor no longer repairs the passenger's
specific wheelchair model, then a full replacement may be necessary.
However, individuals with disabilities state that the wheelchair
repair and replacement process is not so simple and can often be messy,
lengthy, and frustrating when carried out by the airline. Individuals
with disabilities and disability organizations assert that individuals
with disabilities would strongly prefer to take their damaged
wheelchair to a vendor that they trust, already have a relationship
with, and/or know will be able to timely repair their exact wheelchair
model, rather than having to rely on the airline to coordinate. They
also assert that there may be unnecessary delays in the process and a
lack of transparency when the airline acts as the middleman. We note
that in these situations, the passenger will have better information
about their personal wheelchair and their personal circumstances,
including whether they may have a backup wheelchair readily available
to use while the repairs are carried out. Accordingly, we agree that
individuals with disabilities need to have a greater say in this
process and require more flexibility when determining how their damaged
wheelchairs and scooters will be repaired or replaced in order to
ensure their non-discriminatory treatment.
As such, in this NPRM, the Department is proposing to require
airlines to provide two separate options to a passenger who files a
claim with the airline after his or her personal wheelchair or scooter
has been lost, damaged, or destroyed: (1) the passenger can elect for
the carrier to handle the repair or replacement of the device; or (2)
the passenger can elect to use the passenger's preferred vendor to
repair or replace the device. If the passenger selects the first
option, the carrier must repair or replace the device, depending on the
severity of the damage; return the device within a reasonable
timeframe; and pay the cost of the repairs or replacement. The
Department has not proposed to define a specific ``reasonable''
timeframe, as we acknowledge that there are many different factors that
could impact the timing for this process, including the complexity of
the necessary repairs, the availability of parts needed for the
repairs, and fluctuating turnaround times for vendors. In any case,
airlines should work directly with the passenger and immediately
initiate the repair/replacement process once a passenger has filed a
claim.
If the passenger selects the second option, the carrier would be
required to promptly transport the wheelchair or scooter to the
passenger's preferred vendor, unless the passenger has indicated that
he or she will arrange for the transport themselves. The carrier would
be required to cover the cost of this transport. The carrier would also
be required to pay the wheelchair vendor directly for the cost of
repairs or replacement within a reasonable timeframe. To ease the
burden on the passenger and expedite the process, the Department is
proposing that the billing for the repairs or replacement go directly
to the airline so the passenger is not forced to front the costs. The
Department seeks comments on this point and whether direct billing to
the airline may cause any unforeseen issues. Similar to the proposed
requirements of the first option, and to account for varying
circumstances outside the control of airlines, the Department proposes
to use a ``reasonable'' standard for timeliness of payment rather than
defining specific deadlines. If a dispute were to arise between the
parties over the cost of the repairs or replacement, the passenger
should submit quotes, receipts, or other similar documentation to the
airline to prove or substantiate costs. The Department does not
anticipate that fraudulent claims for repairs or replacements will be a
significant issue under this proposal.
Under both proposed options, if a replacement is necessary due to
the severity of the damages or because the device was lost, the
provided replacement device must have equivalent or greater function
and safety as the individual's original device.
The Department also seeks feedback, comments, and data on the
following questions related to this NPRM proposal:
[[Page 17777]]
<bullet> Are there sufficient vendors available to repair or
replace passengers' personal wheelchairs or scooters? What is the
average turnaround time once the vendor has the passenger's wheelchair
in its possession?
<bullet> What are airlines' current policies and procedures related
to replacing, repairing, and/or reimbursing passengers for damaged
wheelchair and scooters, including how costs are determined? Do
disputes arise between passengers and airlines over the costs to repair
or replace damaged wheelchairs and scooters? If they do, how are these
disputes resolved?
<bullet> Should the Department consider stricter and detailed
timelines rather than using a reasonableness standard to which airlines
must adhere when handling wheelchair and scooter repairs and
replacement?
<bullet> Are certain types of wheelchairs and scooters no longer
repairable or replaceable?
<bullet> Are all repairs handled only by Durable Medical Equipment
(DME) suppliers and should the Department address this issue in
rulemaking? Would proprietary agreements or right-to-repair laws impact
this or any of the current proposals set forth in this NPRM?
<bullet> Do disputes arise between passengers and airlines over
whether a repair or a full wheelchair or scooter replacement is
necessary based on the level of damage to the wheelchair or scooter? If
they do, who should be responsible for ultimately determining whether a
wheelchair or scooter is ``fixable''? If the carrier (or the carrier's
chosen vendor) makes the determination, should the passenger then be
given an opportunity to independently review their determination and
carry out their own assessment?
<bullet> Does travel insurance cover wheelchairs or scooters if
lost or damaged during a trip? If so, how much of the cost to replace
wheelchairs or scooters can be recouped? Should the airline's cost be
limited to whatever is not paid by the travel insurance, or is baggage/
wheelchair travel insurance often secondary (i.e., consumer must first
file a claim with airline before filing a travel insurance claim)?
<bullet> PVA previously stated that once an airline has completed a
wheelchair repair and returned the device to the passenger, the
passenger needs to be given an opportunity to test the wheelchair and
confirm whether the repairs are indeed adequate.\54\ Do airlines
currently provide passengers the opportunity to test a repaired
wheelchair or scooter to confirm whether the repairs are adequate?
Should the NPRM's first option include a ``testing period''? If so, how
long should the passenger have to carry out this review and determine
whether additional repairs by the airline are necessary?
---------------------------------------------------------------------------
\54\ See PVA Meeting, December 2022, supra note 27.
---------------------------------------------------------------------------
<bullet> PVA also advocated for an additional option where, at the
passenger's request, an airline would be required to provide a minor
``temporary wheelchair repair'' that is essentially sufficient to get
the passenger out the door of the airport with their personal
wheelchair so that they can continue on with their journey as planned
to the maximum extent possible and seek out a ``full repair'' at a
later time and date.\55\ Does this option seem reasonable to airlines
and to passengers with disabilities? Would airlines logistically be
able to do this? What exactly would a ``temporary wheelchair repair''
entail, and is this something that wheelchair repair vendors already
offer/provide? If required, would airlines then need to have a vendor
on-site at the airport to handle this? And if so, what types of costs
would be associated with this option?
---------------------------------------------------------------------------
\55\ Id.
---------------------------------------------------------------------------
4. Loaner Wheelchair Accommodations
The Department currently does not specify what accommodations,
beyond compensation for a wheelchair, airlines must provide to
passengers with disabilities in the event that an airline mishandles a
passenger's personal wheelchair or scooter. Nevertheless, many carriers
already secure loaner wheelchairs for impacted passengers and cover the
associated costs of the loaner since it can take up to weeks or even
months for repairs on a damaged wheelchair to be completed or for a
replacement wheelchair to be ready after a passenger's wheelchair is
destroyed. In their joint public comment to the March 2022 public
meeting, IATA and A4A state that a loaner manual wheelchair may cost
roughly $250 per month while a high-end powered wheelchair may cost
$4,500 for a three-month rental.
Advocates and individuals with disabilities state that the loaners
received from airlines are not always safe and adequate for the
individual user. They assert that loaner wheelchairs may not be
suitable for certain users if they are not customized to meet the
individual's functional needs and personal specifications. It appears
that this problem arises most often when more complex, battery-powered
devices are mishandled. If the loaner wheelchair is not suitable for
the user's needs (e.g., proper cushioning, back support, leg and arm
rests), it can lead to discomfort, pain, pressure sores, and other
injuries and medical complications. This point is especially important
because passengers may be spending extended periods of time with these
loaner wheelchairs while they await repairs or a replacement wheelchair
or scooter.
The Department recognizes that loaner wheelchairs are vital for
passengers whose wheelchairs and scooters are delayed, damaged, or
lost. Loaner wheelchairs give those passengers the ability to continue
their normal daily lives, to the maximum extent possible, until they
can get their personal wheelchair back or secure an adequate
replacement. Accordingly, this NPRM proposes to require carriers to
consult with passengers on a loaner wheelchair that best meets the
passenger's physical and functional needs, and to pay for that
wheelchair, so passengers are able to safely use the loaner wheelchair
while waiting for their mishandled personal devices to be returned,
repaired, or replaced. The Department believes this is a necessary
accommodation when carriers mishandle passengers' personal wheelchairs.
The Department also recognizes that it may not be possible to
secure a loaner wheelchair that is identical to the passenger's
personal wheelchair. Under this NPRM, the airlines would be required to
provide, upon request, functional and safety-related customizations
(e.g., changing cushions; adding lumbar support seat attachment;
adjusting the headrest, armrest, or footrest) on loaner wheelchairs, to
the extent possible, to ensure passengers can safely use them.
The Department also seeks feedback, comments, and data on the
following questions related to this NPRM proposal:
<bullet> What types of customizations should be required under this
proposal, how much such customizations generally cost, and how quickly
such customizations can be completed?
<bullet> Can the loaner wheelchair requirements be easily
implemented by airlines and do they meet the needs of individuals with
disabilities who experience wheelchair mishandlings?
<bullet> If an individual with a disability incurs additional,
associated costs because the loaner wheelchair provided by the airline
restricts his or her mobility or independence, should the airline be
responsible for reimbursing the individual for those costs? What are
[[Page 17778]]
these potential costs? What documentation should individuals provide to
airlines to substantiate these costs? Should there be a limit to the
airlines' liability?
C. Enhanced Training for Certain Airline Personnel and Contractors
The Department is proposing to enhance its existing training
requirements for airline employees and contractors who physically
assist passengers with mobility disabilities or handle passengers'
wheelchairs or scooters. Currently, the Department requires airline
personnel and their contractors who deal with the traveling public to
receive general training on awareness and communication as well as
training tailored to their job duties within 60 days of assuming their
duties.\56\ Airline personnel and contractors who deal with the
traveling public include but are not limited to customer service
agents, flight attendants, reservation agents, and wheelchair
attendants. The required training consists of training to proficiency
on the requirements of the Department's disability regulation in part
382 and other relevant Federal regulations, as well as on the airline's
procedures to implement these requirements, including how to properly
and safely operate equipment used to accommodate passengers with a
disability, as appropriate to the employee's or contractor's
duties.\57\ In addition, airline personnel and contractors who deal
with the traveling public must be trained ``with respect to awareness
and appropriate responses to passengers with a disability, including
persons with physical sensory, mental, and emotional disabilities,
including how to distinguish among the different abilities of
individuals with a disability.'' \58\ They must also be trained to
recognize requests for communication accommodation from individuals
whose hearing or vision is impaired.\59\ Further, airline and
contractor personnel who provide boarding and deplaning assistance must
be trained to proficiency on the use of boarding and deplaning
equipment and the ``boarding and deplaning assistance procedures that
safeguard the safety and dignity of passengers.'' \60\ Refresher
training to public contact personnel and contractors is required every
three years, at a minimum.\61\
---------------------------------------------------------------------------
\56\ 14 CFR 382.141 and 14 CFR 382.143(a)(4).
\57\ 14 CFR 382.141(a)(1).
\58\ 14 CFR 382.141(a)(2).
\59\ 14 CFR 382.141(a)(3).
\60\ 14 CFR 382.141(a)(1)(iii).
\61\ 14 CFR 382.141(a)(5).
---------------------------------------------------------------------------
In their joint comment to the Department's March 2022 Meeting, A4A
and IATA state that their member airlines agree that there is value in
and benefits to hands-on training. They state that resulting
improvements can include familiarity with mobility aids lifting
procedures, especially with heavy items and for employee safety,
battery safety and regulatory limitations, communication with
passengers, and the application of airline procedures. They assert that
their member airlines provide hands-on training ``in various forms as
needed by and tailored to the circumstances, including instructor-led
courses, on-the-job training, initial training courses, and special
training events at stations.'' Further, airlines commented that any new
training requirements should not be prescriptive so that training can
be adapted based on input from the disability community, while also
best meeting the airline's operational needs. They state that
``adaptability is even more critical given the incredible diversity of
our passengers, their assistance needs, aircraft, airport
configurations, and employees, as well as the growing complexities and
peculiarities of mobility aids.'' They also raise concerns with the
associated costs, including pay and travel costs to attend; costs of
training equipment; instructor costs; and lost revenues because front-
line employees are taken away from their operational duties. They
commented that in consideration of few violations in relation to a high
number of successfully assisted passengers, recurrent hands-on training
should only be required for employees who are involved in a mishandling
incident or who fail to follow airline procedures.
However, individuals with disabilities and advocacy organizations
strongly believe that current airline training programs related to
disability assistance at airports and on aircraft are insufficient. In
response to the Department's March 2022 Meeting, the Department
received numerous comments asserting that airline personnel and
contractors are not adequately trained in providing physical assistance
and with handling assistive devices. Further, in a letter to the
Secretary, dated December 2, 2022, PVA states, ``Too often the process
of boarding and deplaning an aircraft causes a wheelchair user to
experience physical injury and emotional stress. The wheelchair
attendants who assist passengers with mobility impairments frequently
demonstrate that they are not able to safely assist a passenger who
must board and deplane using an aisle chair. In addition, passengers
who use wheelchairs often experience great fear, often well founded,
that their assistive device will be delayed, damaged, or lost when they
arrive at their destination.'' \62\
---------------------------------------------------------------------------
\62\ PVA's full Letter can be viewed in the rulemaking's docket,
Docket DOT-OST-2022-0144, available online at <a href="https://www.regulations.gov/docket/DOT-OST-2022-0144">https://www.regulations.gov/docket/DOT-OST-2022-0144</a>.
---------------------------------------------------------------------------
In a supplemental comment to the Department, PVA points to multiple
publications and studies that concluded either that training in this
area could be improved or that part 382 could be enhanced with greater
training specificity.\63\ PVA states that ``it is imperative that
wheelchair attendants be fully trained and able to subsequently
demonstrate to a superior on the job their ability to properly assist a
passenger throughout the airport, as needed, and on and off the
aircraft.'' PVA also states that ``attendants should be required to
complete refresher training every six months and be recertified yearly
on the job by a superior in order to remain qualified for providing
aisle chair assistance.'' \64\
---------------------------------------------------------------------------
\63\ The full Comment can be viewed in the rulemaking's docket,
Docket DOT-OST-2022-0144, available online at <a href="https://www.regulations.gov/docket/DOT-OST-2022-0144">https://www.regulations.gov/docket/DOT-OST-2022-0144</a>.
\64\ Id.
---------------------------------------------------------------------------
Individuals with disabilities and other advocacy organizations also
assert that airline personnel and contractors lack general knowledge
regarding the proper handling of personal wheelchairs and other
assistive devices and fail to follow instructions from passengers. They
note that wheelchairs can be damaged when proper lifting and securement
points on the wheelchair are not located and used, when a wheelchair is
tilted or loaded while lying on its side, and when the airline does not
have loading equipment robust enough to support a given a wheelchair.
Additionally, as noted in the ACAA Advisory Committee's work, improper
handling and loading techniques can also injure airline personnel and
contractors.\65\
---------------------------------------------------------------------------
\65\ See Report of the Subcommittee on Stowage of Assistive
Devices, available at <a href="https://www.regulations.gov/document/DOT-OST-2018-0204-0021">https://www.regulations.gov/document/DOT-OST-2018-0204-0021</a>.
---------------------------------------------------------------------------
The Department's proposals for enhanced training focus on the
training given to airline personnel and contractors who provide
physical assistance to passengers with mobility-related disabilities
and who handle passengers' wheelchairs and other assistive devices.
Given the nature of their job duties and responsibilities, it is
essential that these airline employees and contractors receive more
extensive training. Inadequate training of these employees and
contractors could result in harm to passengers with disabilities
[[Page 17779]]
and costly damages to passengers' wheelchairs. The Department is
proposing more thorough, frequent, and hands-on training of these
employees and contractors. The Department believes that these training
enhancements would improve the safety and dignity of passengers with
disabilities; prevent wheelchairs from being damaged, delayed, or lost;
and improve the overall services of airlines.
When determining that enhanced training in these two areas is
needed, the Department was persuaded by comments from passengers with
disabilities and advocates, the disability complaints that the
Department receives against airlines and that airlines receive directly
from passengers, and the data on mishandled wheelchairs. Disability
rights advocates have long argued that airline personnel and
contractors are not careful, rush assistance, use improper equipment
and techniques, and do not follow the passenger's instructions because
of lack of adequate training. The Department has also reviewed numerous
complaints where, during the boarding and deplaning process, passengers
who require transfer assistance are dropped to the ground; bumped into
arm rests, overhead compartments, and other objects; and held or lifted
inappropriately. This unsafe assistance has resulted in passengers with
disabilities sustaining pain and injuries and experiencing stress and
embarrassment. The Department has also reviewed numerous complaints and
comments where passengers' wheelchairs are damaged during airline
handling, including broken joysticks, cracked frames, and bent axles.
As mentioned, airline reports to the Department indicate that airlines
are mishandling thousands of wheelchairs and scooters each year.
The Department also found persuasive IATA's recommendations
regarding airline employee training and has incorporated key topics and
suggestions into the NPRM's training proposal.\66\ IATA's guidance
contains a list of topics that should be covered during training, at a
minimum, including: disability awareness and communications; transfer
techniques for passengers; safe lifting techniques for mobility aids;
safe and common methods for reducing size and weight of mobility aids;
securement techniques in the bulk cargo compartment; and mobility aid
reassembly and reconfiguration steps. IATA also notes: ``In addition to
general training, airlines and airport operators should ensure that
they train and maintain a continuous competence of their employees and
contractors who are required to handle mobility aids. This will include
procedures for preparing, securing, carrying and stowing of mobility
aids for air transport.''
---------------------------------------------------------------------------
\66\ International Air Transport Association (IATA), Guidance on
The Transport of Mobility Aids (1st ed. 2023), available online at
<a href="https://www.iata.org/">https://www.iata.org/</a>.
---------------------------------------------------------------------------
In addition to stakeholder comments and recommendations, the
Department carefully considered the following sources when examining
regulatory enhancements for training: research carried out by Volpe on
problems associated with passenger transfers and wheelchair
mishandlings; \67\ training requirements set forth in the Canadian
Transportation Agency's disability regulations and related guidance and
recommendations; \68\ and PVA's comments submitted to the Department in
support of additional and more robust training requirements for
wheelchair assistants and ramp personnel.\69\ The Department also
considered the recommendation of the ACAA Advisory Committee that ``as
best practices, airlines provide hands-on training as appropriate for
airline or contractor personnel who handle battery-powered wheelchairs
or scooters; hands-on training be provided as appropriate to airline
personnel or contractors who provide physical assistance to passengers
with disabilities; and airlines involve individuals with disabilities,
whether it is through their advisory board or external organizations,
in their training programs.'' \70\
---------------------------------------------------------------------------
\67\ See ``Ensuring Safe Accommodations for Air Travelers with
Disabilities Using Wheelchairs: Regulatory Impact Analysis,''
available in the rulemaking's docket, Docket DOT-OST-2022-0144.
\68\ See Canadian Transportation Agency (CTA), Personnel
Training for the Assistance of Travelers with Disabilities: A Guide,
available online at <a href="https://otc-cta.gc.ca/">https://otc-cta.gc.ca/</a>. See also CTA, Best
Practices for Interacting with Persons with Disabilities: A Guide,
available online at <a href="https://otc-cta.gc.ca/">https://otc-cta.gc.ca/</a>.
\69\ The full Comment can be viewed in the rulemaking's docket,
Docket DOT-OST-2022-0144, available online at <a href="https://www.regulations.gov/docket/DOT-OST-2022-0144">https://www.regulations.gov/docket/DOT-OST-2022-0144</a>.
\70\ See ``Final Report: Air Carrier Access Act Committee
Recommendation'' at 22.
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The Department proposes to require employees and contractors who
provide physical assistance to passengers with mobility-related
disabilities receive hands-on training covering safe and dignified
physical assistance, including transfers to and from personal or
airport wheelchairs, aisle chairs, and aircraft seats; proper lifting
techniques to safeguard passengers; how to troubleshoot common
challenges when providing physical assistance; and proper use of
equipment used to physically assist passengers with disabilities. These
personnel would also be required to receive other training covering
collecting and sharing of passenger information needed to ensure safe,
dignified, and prompt physical assistance, such as Special Service
Request (SSR) codes.
Like the proposals for airline employees and contractors who
provide physical assistance to passengers with mobility-related
disabilities, the Department is proposing more thorough and hands-on
training for employees and contractors who handle passengers'
wheelchairs and other mobility aid devices. Specifically, the
Department is proposing hands-on training covering common types of
wheelchairs and other mobility aids and their features; airport and
airline equipment used to load and unload wheelchairs and other
mobility aids; and methods for safely moving and stowing wheelchairs,
including lifting techniques, wheelchair disassembly, reconfiguration,
and reassembly, and securement in the cargo compartment of the
aircraft. Personnel who handle passengers' wheelchairs and other
mobility aid devices would also be required to receive other training
covering the collecting and sharing of information regarding a
passenger's wheelchair or other mobility aid, including using any
airline wheelchair handling form(s) that may exist, to ensure the safe
and proper handling of such assistive devices.
This NPRM proposes to define ``hands-on training'' to mean training
that is received by an employee or contractor where the employee or
contractor performs a task, function, or procedure that would be part
of his or her normal duties in a controlled/simulated environment and
with the use of a suitable life-sized model or equipment, as
appropriate. A suitable life-sized model could be a full-body mannequin
or a person, such as an instructor or volunteer. Hands-on training
could also be supplemented with related on-the-job training as
appropriate for wheelchair handlers.
Further, the Department proposes to amend when initial and
refresher training is provided to personnel who provide physical
assistance to passengers with mobility-related disabilities and
personnel who handle passengers' wheelchairs and other mobility aid
devices. Instead of initial training being required within 60 days of
assuming their duties, as is currently the case, we are proposing that
this newly required training, including hands-on training, be provided
prior to the covered airline employees and
[[Page 17780]]
contractors assuming their duties. Also, instead of refresher training
being required at least once every three years as is the case today,
the Department is proposing to mandate that these airline employees and
contractors receive such training at least once every twelve months.
The Department believes that annual refresher training is necessary for
such personnel to maintain a high level of skill and to stay up-to-date
on related procedures and technologies. The Department notes that
airlines would also continue to be required to train these personnel
with respect to awareness of different types of disabilities and
appropriate communications and interactions with passengers with
disabilities.
The Department notes further that proposed changes in the
disability-related training requirements for all other personnel (e.g.,
ticket counter agents and telephone reservation agents) are minor. The
proposed revisions are primarily formatting and language changes to
promote consistency throughout the regulation, without expanding the
airlines' obligations. The Department is also proposing changes to
clarify the training requirements that would apply based on the duties
of the airline employee or contractor. The more substantive change is
the proposed requirement for airlines to consult with disabilities
rights organizations not only regarding their initial training
programs, as required today, but also to consult with such
organizations when making changes to disability training programs and
related policies and procedures that are expected to have a significant
impact on assistance provided to individuals with disabilities. The
ACAA Advisory Committee had recommended that airlines consult with
disability rights organizations if changing or enhancing their
disability training program.\71\ The Department believes that many
carriers are already taking such actions and that this proposed
additional requirement would not impose a significant burden on
carriers.
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\71\ ``Final Report: Air Carrier Access Act Committee
Recommendation'' at 18.
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Although not included in the proposed rule text, the Department is
also considering whether airlines should be required to designate
wheelchair experts and transfer experts who could be consulted in the
event that a complex issue or problem arises while handling a
passenger's personal wheelchair or while physically assisting a
passenger with a disability. These experts would have a similar role to
Complaint Resolution Officials (CROs) and would require training above
and beyond the proposed requirements set forth in this NPRM for related
personnel. The Department seeks public comments on this idea and
whether such a requirement would be reasonable and beneficial for
consumers and on challenges that carriers may have.
In drafting the NPRM, the Department focused on key issues that
must be addressed when training personnel and contractors who provide
physical assistance to passengers with mobility-related disabilities
and who handle passengers' wheelchairs and other assistive device
rather than creating overly prescriptive standards. The Department
intentionally provides flexibility for airlines, within the parameters
set forth in the proposal, to develop training programs that best suit
their needs, the needs of their employees and contractors, and the
needs of their customers. The NPRM also recognizes the importance of
hands-on training and more frequent training for these personnel. The
Department believes this approach would prevent or significantly reduce
wheelchair mishandlings and injuries to individuals with disabilities.
The Department seeks data, analysis, and recommendations from
interested persons on this proposal:
<bullet> Are the proposed amendments to the training requirements
in part 382 sufficient to address concerns and inadequacies with
current training practices?
<bullet> Should the Department impose more specific training
requirements rather than identifying the topics that airlines must
cover as part of the training? For example, the Department is aware of
existing standards for caregivers to provide safe patient assistance
involving lifting and transferring. Would it be more beneficial to
require training standards such as these? And if so, which ones should
be considered and what are the associated costs of the training?
<bullet> Are the proposed topics to be covered when training
personnel and contractors who handle passengers' wheelchairs sufficient
(i.e., common types of wheelchairs and other mobility aids and their
features; airport and airline equipment used to load and unload
wheelchairs and other mobility aids; and methods for safely moving and
stowing wheelchairs, including lifting techniques, wheelchair
disassembly, reconfiguration, and reassembly, and securement in the
cargo compartment of the aircraft)? If not, what additional topics
should the Department consider requiring?
<bullet> Are the proposed topics to be covered when training
personnel and contractors who provide physical assistance to passengers
with disabilities sufficient (i.e., safe and dignified physical
assistance, including transfers to and from personal or airport
wheelchairs, aisle chairs, and aircraft seats; proper lifting
techniques to safeguard passengers; how to troubleshoot common
challenges when providing physical assistance; and proper use of
equipment used to physically assist passengers with disabilities)? If
not, what additional topics should the Department consider requiring?
<bullet> Is the Department's proposed definition of hand-on
training reasonable? What other factors, if any, should the Department
consider when defining hand-on training?
<bullet> Is the proposed frequency of recurrent training (at least
once every 12 months) reasonable? Should the Department require more
frequent training (e.g., once every six months) or less frequent
training (e.g., once every 18 months or once every 24 months)? What are
the costs and logistical considerations associated with such training
for airline employees and contractors?
<bullet> Should other types of airline employees and contractors be
subject to the enhanced training requirements set forth in this
proposal? For example, reservation agents gather information about
consumers' travel needs and ticket counter agents handle consumer
inquires, including disability related accommodation requests. Also,
while managers may not directly assist individuals with disabilities or
handle wheelchairs, they are often responsible for overseeing the
airlines' processes and personnel. Is the existing requirement that
individuals who deal with the traveling public be trained as
appropriate to their duties sufficient?
D. Improved Standards for Onboard Wheelchairs (OBWs)
The Department requires airlines to equip certain aircraft \72\
with onboard wheelchairs (OBWs), i.e., wheelchairs that are used to
transport an individual with a mobility disability between an aircraft
seat and an aircraft lavatory. In 2008, the Department set minimum
safety and accessibility standards for OBWs.\73\ Then, in 2023, the
Department
[[Page 17781]]
required enhanced performance standards for the OBWs to be used on
single-aisle aircraft that have 125 or more passenger seats that are
delivered on or after October 2, 2026.\74\ At that time, the Department
also required airlines that replace an OBW on such aircraft to replace
it with an improved OBW that provides the significant safety and
accessibility improvements to individuals with disabilities, because of
the Department's view that if improved OBWs are available on the market
then they should be the ones purchased. The Department is now proposing
to require these improved performance standards for all OBWs.
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\72\ If an aircraft has more than 60 seats and an accessible
lavatory, then the Department requires that airline to equip the
aircraft with an OBW. 14 CFR 382.65(a). The Department also mandates
that if aircraft being used for a flight has more than 60 passenger
seats and a passenger requests an OBW, then the airline must provide
an OBW even if the aircraft does not have an accessible lavatory. 14
CFR 382.65(b).
\73\ 14 CFR 382.65(c).
\74\ 14 CFR 382.65(e).
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More specifically, in this NPRM, the Department is proposing to
expand the usage of improved OBWs in several different ways. First, the
Department proposes that if carriers purchase an OBW after October 2,
2026, then they must purchase an OBW meeting the Department's improved
standards. Again, if improved OBWs are available on the market, then
the Department believes that they should be the ones purchased, whether
as a replacement or as an addition. Second, the Department proposes
that any aircraft with 60 or more passenger seats and an accessible
lavatory (e.g., twin aisle aircraft) delivered after October 2, 2026,
be equipped with an OBW meeting the Department's improved standards.
This approach would ensure that the benefits afforded by these new OBWs
reach more individuals with disabilities without imposing costs all at
once on airlines. Finally, the Department is proposing that, by October
2, 2031, all OBWs meet the Department's new safety and accessibility
standards. The Department presumes that by this date that there would
be only a few OBWs that do not meet the improved standard but believes
that it is important to have a date certain for all OBWs to meet this
standard.
This rulemaking proposes that the OBW standards be improved to
include the following:
(1) the ability to maneuver both forward and backward through the
aircraft aisle by an attendant;
(2) seat height that aligns with the height of the aircraft seat to
facilitate a safe transfer;
(3) wheels that lock in the direction of travel, and that lock in
place so as to permit safe transfers, with any other moving parts
capable of being secured such that they do not move while it is
occupied and maneuvered;
(4) design such that it does not tip or fall in any direction under
normal operating conditions when occupied for use;
(5) a padded seat and backrest and must be free of sharp or
abrasive components;
(6) arm supports that are sufficiently structurally sound to permit
transfers and repositionable so as to allow for unobstructed transfers;
adequate back support; torso and leg restraints that are adequate to
prevent injury during transport; and a unitary foot support that
provides sufficient clearance to traverse the threshold of the lavatory
and is repositionable so as to allow for unobstructed transfer, with
all restraints operable by the passenger;
(7) ability to maneuver in a forward orientation partially into at
least one aircraft lavatory to permit transfer from the on-board
wheelchair to the toilet;
(8) ability to maneuver into the aircraft lavatory without
protruding into the clear space needed to completely close the lavatory
door; and
(9) prominent display of instructions for proper use.
This is consistent with the standards set for the OBWs to be used
on single-aisle aircraft that have 125 or more passenger seats that are
delivered on or after October 2, 2026.\75\
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\75\ 14 CFR 382.65(e)(1-9).
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The Department expects that, by October 2, 2026, OBW manufacturers
will have available OBWs that meet the Department's new standards. If
that should not be the case, the Department proposes to require
airlines to acquire an OBW that complies with as many of the proposed
requirements as are available. Under this proposal, airlines would not
be held responsible for the failure of third parties to develop and
deliver OBWs that meet these requirements. The Department is proposing
to require airlines to inform the Department if OBW meeting all the
requirements are not available. This is consistent with the
requirements for airlines who will be acquiring OBWs for large single
aisle aircraft delivered after October 2, 2026.
The Department seeks data, analysis, and recommendations from
interested persons on the proposed OBW requirements, including the
costs and benefits. We specifically solicit comment on the following
topics:
<bullet> OBW Wheelchair Stowage Space: What should happen if the
improved OBWs do not fit within the pre-existing stowage space? \76\
Should airlines be required to expand the existing on-board wheelchair
stowage space of the aircraft, or modify the interior arrangement of
the lavatory or the aircraft to enable the OBW to fit? Would it be
sufficient if the Department requires airlines to stow the OBW in
another space that exists (e.g., an overhead compartment) where it
could fit consistent with FAA safety standards as the Department did
for OBWs stowed on large single-aisle aircraft? What obstacles, if any,
would apply to stowing OBWs onboard aircraft that are subject to this
new rulemaking?
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\76\ For new single-aisle aircraft over 125 seats that are
delivered after October 2, 2026, carriers are not required to expand
the existing FAA-certificated on-board wheelchair stowage space of
the aircraft, or modify the interior arrangement of the lavatory or
the aircraft, in order to stow the improved OBW. However, if the OBW
does not fit within the original stowage space, and another space
exists (e.g., an overhead compartment) where it could fit consistent
with FAA safety standards, then the carrier must stow it in that
space and must request any necessary FAA approval to do so. 14 CFR
382.65(f).
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<bullet> Dates for Improved OBWs: The Department has proposed that
any aircraft with 60 or more passenger seats and an accessible lavatory
delivered after October 2, 2026, be equipped with the improved OBW. The
Department already requires that large single aisle aircraft delivered
after this same date have improved OBWs. Is the date selected
reasonable? Why or why not? The Department also proposes a date
certain, five years after October 2, 2026, when all OBWs must meet the
improved performance standard. Is this date reasonable? If not, what
would be a more reasonable time frame, and what would be the costs and
benefits of that approach?
<bullet> Availability of Improved OBWs in Marketplace: In this
NPRM, the Department is proposing to require airlines to acquire OBWs
that comply with as many of the proposed safety and accessibility
requirements as are available. The Department is also proposing that
airlines inform the Department that an OBW meeting that a safety or
accessibility requirement is unavailable if that is the case. Is this
the right approach? Should the Department require airlines to retain
records of the unavailability of OBWs that meet all the proposed safety
and accessibility requirements instead of informing DOT? What would be
the costs and benefits of any such modifications?
E. Size Standard for Lavatories on Twin-Aisle Aircraft
The Department is seeking comment on whether it should update the
accessibility requirements for twin-aisle aircraft given the new
requirements that apply to large single-aisle aircraft ordered after
October 3, 2033, or delivered after October 2, 2035. Currently, twin-
aisle aircraft must
[[Page 17782]]
include at least one lavatory of sufficient size to permit a qualified
individual with a disability to enter, maneuver within as necessary to
use all lavatory facilities, and leave, by means of the aircraft's on-
board wheelchair, while affording privacy equivalent to that afforded
ambulatory users.\77\ This requirement has been in place for U.S.
carriers since 1992, and for foreign carriers since 2010.\78\
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\77\ 14 CFR 382.63(a)(1-2).
\78\ 14 CFR 382.63(d).
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More recently, the Department set new size standards for lavatories
on new single-aisle aircraft. Specifically, new single-aisle aircraft
with an FAA-certificated maximum seating capacity of 125 seats or more
in which lavatories are provided, shall include at least one lavatory
of sufficient size to permit a qualified individual with a disability
equivalent in size to a 95th percentile male to approach, enter,
maneuver within as necessary to use all lavatory facilities, and leave,
by means of the aircraft's on-board wheelchair, in a closed space that
affords privacy equivalent to that afforded to ambulatory users. The
lavatory must also be large enough to permit an assistant equivalent in
size to a 95th-percentile male to assist the individual with a
disability.\79\ This ``95/95 Standard'' applies to new single-aisle
aircraft that were originally ordered after October 3, 2033, or
delivered after October 2, 2035, or are part of a new type-certificated
design filed with the FAA or a foreign carrier's safety authority after
October 2, 2024.\80\
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\79\ 14 CFR 382.64(a)(1-2).
\80\ 14 CFR 382.64(c).
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The 95/95 standard is larger than the size standard for twin-aisle
aircraft. Specifically, an accessible single-aisle aircraft lavatory
must be large enough to accommodate a large male passenger and a large
male attendant; in contrast, the twin-aisle standards do not specify
the size of the passenger, and do not mention attendants at all. As a
result, it is possible that accessible lavatories for twin-aisle
aircraft may in the near future be smaller than the accessible
lavatories found on single-aisle aircraft. This result is
counterintuitive, particularly because twin-aisle aircraft are
generally used for the longest international flights.\81\ Accordingly,
the Department is considering whether to explicitly mandate the 95/95
standard, or a similar standard, for accessible twin-aisle aircraft
lavatories.
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\81\ Analysis of Bureau of Transportation Statistics T-100 All
Segment data. Data retrieved in Aug. 2023.
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It is possible that, in practice, accessible twin-aisle aircraft
lavatories today already meet the 95/95 standard, even if they are not
required to do so. More generally, it is possible that twin-aisle
lavatories today are adequate to accommodate passengers with
disabilities, OBWs, and their attendants, even without a 95/95
standard. The Department solicited data on some of these questions
during the rulemaking process for accessible lavatories on single aisle
aircraft.\82\ The Department received some comments, but not
significant data, in response to these questions. Airbus indicated
generally that its twin-aisle solutions comply with current part
382.\83\ Boeing indicated that its accessible twin-aisle lavatories do
not necessarily meet the 95/95 standard, but ``are considered large
enough to accommodate a disabled passenger in a wheelchair with an
attendant behind the closed lavatory door.'' \84\ However, disability
advocates commented that the experience of their members is mixed, with
not all twin-aisle lavatories being large enough to accommodate an
attendant.\85\ A4A and IATA commented that they are not aware of a
material number of complaints regarding the size of accessible twin-
aisle lavatories. This is the Department's experience as well.
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\82\ See 87 FR 17,222 (``The Department currently requires
airlines to ensure that at least one lavatory on twin-aisle aircraft
is accessible. To what extent do accessible lavatories on twin-aisle
aircraft meet the needs of passengers with disabilities,
particularly passengers with mobility impairments? Are accessible
lavatories on twin-aisle aircraft large enough to accommodate an
assistant to assist the passenger with transfers between the OBW and
the toilet?'').
\83\ Comment of Airbus at p.3, available at <a href="https://www.regulations.gov/comment/DOT-OST-2021-0137-0302">https://www.regulations.gov/comment/DOT-OST-2021-0137-0302</a>.
\84\ Comment of Boeing at p.5, available at <a href="https://www.regulations.gov/comment/DOT-OST-2021-0137-0357">https://www.regulations.gov/comment/DOT-OST-2021-0137-0357</a>.
\85\ Comments of PVA at 10, available at <a href="https://www.regulations.gov/comment/DOT-OST-2021-0137-0350">https://www.regulations.gov/comment/DOT-OST-2021-0137-0350</a>; NDRN at 2,
available at <a href="https://www.regulations.gov/comment/DOT-OST-2021-0137-0353">https://www.regulations.gov/comment/DOT-OST-2021-0137-0353</a>; Cure SMA at 2, available at <a href="https://www.regulations.gov/comment/DOT-OST-2021-0137-0186">https://www.regulations.gov/comment/DOT-OST-2021-0137-0186</a>.
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The Department solicits data and comment on all aspects of this
question, including but not limited to the following:
<bullet> Is the 95/95 standard, which has been adopted for future
new single-aisle aircraft lavatories, appropriate for twin-aisle
aircraft lavatories? Why or why not?
<bullet> To what extent do twin-aisle aircraft lavatories currently
meet the 95/95 standard? If current twin-aisle lavatories do not meet
the 95/95 standard, what standards do they meet in terms of
accommodating large passengers, OBWs, and large attendants?
<bullet> What would be the incremental benefits for passengers with
disabilities, and other passengers, in adopting a 95/95 standard? Would
lavatories meeting the 95/95 standard require a larger footprint than
those found on current twin-aisle aircraft? If so, what are the costs
associated with installing a lavatory meeting this larger footprint?
<bullet> If the Department adopted a 95/95 standard for twin-aisle
aircraft, what would be an appropriate time frame for implementation?
What factors should the Department consider when setting an
implementation time frame? \86\
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\86\ For context, we note that the Department's original rule
for accessible twin-aisle aircraft was issued after a negotiated
rulemaking in 1988. The rule, effective in January 1990, applied to
twin-aisle aircraft ordered after April 5, 1990, or delivered after
April 5, 1992. The Department expanded this rule to foreign air
carriers on May 13, 2008; it applied to new aircraft that were
ordered after May 13, 2009, or delivered after May 13, 2010. See 14
CFR 382.63(d); 87 FR 17216-17217.
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F. Refund of Fare Difference When Passengers' Wheelchairs Cannot Fit on
Preferred Flight
The Department is soliciting comment on whether it should require
U.S. and foreign air carriers to refund the difference between the fare
on a flight a passenger who uses a wheelchair took and the fare on a
flight that the passenger would have taken if his or her wheelchair had
been able to fit in the cabin or cargo compartment of the aircraft.\87\
Currently, airlines are required to stow assistive devices in the
baggage compartment of an aircraft if an approved stowage area is not
available in the cabin or the device cannot fit in the cabin.\88\ Such
devices, including wheelchairs, scooters, and other mobility aids, must
be given priority over other cargo and baggage. However, if a device
still cannot be transported in this manner due to its size or for other
safety concerns, then the airline is not required to transport it.
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\87\ United Airlines has committed to refund, upon request, the
fare difference when a passenger's preferred flight cannot
accommodate his or her wheelchair and the flight that he or she
travels on with the wheelchair is more expensive, among other
things. See <a href="https://www.transportation.gov/briefing-room/us-department-transportation-announces-united-airlines-will-implement-industry">https://www.transportation.gov/briefing-room/us-department-transportation-announces-united-airlines-will-implement-industry</a>.
\88\ See 14 CFR 382.125.
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The Department notes that in 2020, the Canadian Transportation
Agency issued a regulation that states that if a carrier is unable to
transport a passenger's mobility aid device on a flight, then the
carrier is required to advise the passenger of alternative trips
provided by the same carrier to the same destination and offer booking
for no additional cost (if desired).\89\
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\89\ See Accessible Transportation for Persons with Disabilities
Regulations, SOR/2019-244 (Can.).
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The ACAA Advisory Committee explored options to address instances
[[Page 17783]]
when a passenger's assistive device does not fit or cannot be safely
carried on his or her flight. Airlines stated to the ACAA Advisory
Committee that they make efforts to ensure that larger assistive
devices, such as wheelchairs or scooters, can travel on the same flight
as the passengers when feasible.\90\ Airlines explained that they may
disassemble certain components of the wheelchairs and deploy
specialized equipment and ramps to assist in the handling and loading
of very heavy devices to, among other things, ensure that larger
wheelchairs and scooters can be travel on the same flight as the
passenger. The ACAA Advisory Committee found that even with such
efforts, the accommodation of large assistive devices may be
impractical or impossible if they cannot fit on the types of aircraft
operated by the carrier.
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\90\ See Report of the Subcommittee on Stowage of Assistive
Devices, available at <a href="https://www.regulations.gov/document/DOT-OST-2018-0204-0021">https://www.regulations.gov/document/DOT-OST-2018-0204-0021</a>.
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The ACAA Advisory Committee considered recommending to the
Department that it require airlines to accommodate a passenger with a
disability and his or her mobility aid device on another flight offered
by that same airline at no additional cost. Airlines voiced several
logistical concerns with these options. They said that some carriers
may operate limited fleets of aircraft, or only one type of aircraft,
with similar cargo doors and cargo compartments. The ACAA Advisory
Committee also considered recommending that the Department require
airlines accommodate a passenger on another airline that can transport
the passenger and his or her wheelchair or scooter at no additional
cost. Airlines asserted that this option would be costly and complex
because it would necessitate airlines coordinating and reimbursing
other airlines for transporting a passenger and their mobility aid
devices. Ultimately, the ACAA Advisory Committee did not make a
recommendation with respect to this issue.
PVA has separately urged the Department to require airlines to
offer alternative transportation that meets the accessibility needs of
the passenger with a disability when the original flight does not.\91\
PVA explains that this may be a new flight on the booked airline or
another airline, or other mode of transportation, i.e., a train, bus,
or rental car. PVA adds that the Department should mandate that the
airlines cover any additional or increased cost of the alternative
transportation, such as the cost to fly on another airline or travel on
other mode of transportation and overnight accommodations necessary for
transportation of the passenger with a disability and their travel
companions.
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\91\ See PVA's comments filed on the Department's NPRM on
Airline Ticket Refunds and Consumer Protections, Docket DOT-OST-
2022-0089, available online at <a href="https://www.regulations.gov/comment/DOT-OST-2022-0089-5262">https://www.regulations.gov/comment/DOT-OST-2022-0089-5262</a>.
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The Department recognizes that passengers who use larger
wheelchairs and scooters may not be able to select certain flight
options because their wheelchairs may not be able to fit or cannot be
safely carried on certain aircraft. The Department further acknowledges
that in some instances, passengers who use larger wheelchairs and
scooters may be able to select only a more expensive flight because a
cheaper flight option uses an aircraft that cannot accommodate their
wheelchair or scooter. Individuals with disabilities should not have to
pay higher prices for air fares only because their assistive devices
cannot be transported on certain flights.
The Department solicits data and comments on all aspects of this
question, including but not limited to the following:
<bullet> How often does this issue arise for individuals with
disabilities who travel by air with their personal wheelchairs and
scooters?
<bullet> Do any airlines currently offer individuals with
disabilities rebooking on another flight on the same airline at no
additional cost when their wheelchairs or scooters cannot be carried on
their originally booked flights and if the subsequent flights have
higher fares?
<bullet> Do any airlines currently offer individuals with
disabilities alternate transportation on other airlines or other modes
of transportation (i.e., a train, bus, or rental car) at no additional
cost when their personal wheelchairs and scooters cannot be carried on
their originally booked flights? If so, how does this process work? Do
airlines book the alternate transportation on other airlines or other
modes of transportation or do individuals with disabilities have to
first purchase the alternate transportation and then ask the airline to
reimburse the costs? If not, what are the reasons or challenges to
providing this accommodation?
<bullet> Do airlines currently offer individuals with disabilities
the lower fare if the individual points out that he or she was unable
to take the flight with a lower fare because his or her wheelchair
could not fit in the cargo compartment?
<bullet> Should the Department require airlines to rebook
individuals with disabilities on another flight on the same airline at
no additional cost when their wheelchairs or scooters cannot be carried
on their originally booked flights? Should this be limited to flights
on the same airline or should it be expanded to flights on other
airlines or other modes of transportation (i.e., a train, bus, or
rental car)? Should this only apply to instances when wheelchairs or
scooters cannot fit on the passenger's flight or should it apply to
other types of disability accommodations (e.g., the passenger's
originally booked flight cannot accommodate the passenger's seating
needs; or the passenger's originally booked flight does not have an
accessible lavatory)?
<bullet> Should the Department require airlines to refund the fare
difference when passengers must book more expensive flights because
their personal wheelchairs and scooters cannot be carried on cheaper
flights? If so, in what situations should airlines be required provide
refunds of the fare difference? Should airlines only provide a refund
of the fare difference when the passenger's preferred flight itinerary
that cannot accommodate the wheelchair and the more expensive flight
itinerary that can accommodate the wheelchair have the same origin and
destination, are on the same day, and have the same number of legs,
stops, and connection points (if applicable)? Should airlines be
required to provide a refund of the fare difference even if the
preferred flight itinerary and the more expensive flight itinerary are
not on the same day or do not have the same number of legs, stops, or
connection points are different? Should a refund of a fare difference
be required only if the preferred flight and the more expensive flight
are offered by the same airline?
<bullet> Should airlines be permitted to require passengers to take
certain steps to obtain a refund of the fare difference? If so, what
are those steps? What types of proof or documentation, if any, should
passengers with disabilities be required to submit to airlines when
requesting a lower fare or seeking a reimbursement of the fare
difference?
<bullet> Once a passenger completes the necessary steps and submits
all the necessary documentation, should airlines be required to provide
passengers a refund of the fare difference within seven days of
receiving necessary documentation when ticket was purchased by credit
card? Why or why not?
<bullet> What are the potential benefits of these proposals to
passengers who use wheelchairs and scooters?
<bullet> What challenges would airlines experience if this were a
requirement?
[[Page 17784]]
Could this process be automated, or would an airline agent need to
review each case and process the reimbursement? What would the
associated costs be for implementing this proposal?
IV. Severability
The overall purpose of this proposed rule is to increase access to
safe and dignified air travel for individuals with disabilities. The
first series of proposals clarifies the Department's current regulation
by specifying when safe, adequate, and prompt assistance is required to
be provided by airlines. The second series of proposals improves
accommodations for individuals with disabilities in the event of a
wheelchair mishandling by an airline. Such proposals include notifying
passengers when their wheelchairs have been loaded onto and off of the
aircraft, strict timeframes for the return of a delayed wheelchair,
improved options for passengers when coordinating wheelchair repairs
and replacements, and new requirements for loaner wheelchairs. The
third series of proposals requires airline personnel that provide
physical assistance to individuals with disabilities and that handle
passengers' personal wheelchairs to receive annual hands-on training.
The final series of proposals requires new improved performance
standards for OBWs on twin-aisle aircraft and aircraft with 60 or more
seats.
This entire suite of measures is designed to ensure accessibility
and equality in air travel for individuals with disabilities and to
address the on-going and serious difficulties that wheelchair users
experience today when traveling, including wheelchair damage and
personal injuries. However, the Department finds that these proposals
can operate independently from each other, if necessary, and are
intended to operate as such. For example, updated training standards
can operate separately from remedies for passengers following
wheelchair mishandlings even though they could impact one another.
In the event that a court were to invalidate one or more of this
proposed rule's unique provisions as finalized, the Department's intent
is that the remaining provisions should remain in effect to the
greatest extent possible.
V. Regulatory Analyses and Notices
A. Executive Order 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and DOT
Regulatory Policies and Procedures
Executive Order 12866 (``Regulatory Planning and Review''),
supplemented by Executive Order 13563 (``Improving Regulation and
Regulatory Review''), directs Federal agencies to propose or adopt a
regulation only after making a reasoned determination that the benefits
of the intended regulation justifies its costs. The Office of
Management and Budget (OMB) has determined that this proposed rule is a
significant regulatory action under Executive Order 12866 and requires
an assessment of potential benefits and costs. Accordingly, the
Department has prepared a regulatory impact analysis (RIA) for the
proposed rule, summarized in this section and available in the docket.
Table 4 below provides a summary of the costs and benefits of this
proposed rulemaking.
Table 4--Summary of Economic Impacts Due to Proposed Rule
[2023 Dollars (millions)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total 20-year Total 20-year Annualized Annualized
value value value, value,
Proposed provision Costs/benefits discounted at discounted at discounted at discounted at Unquantified
7 percent 3 percent 7 percent 3 percent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 382.141 Enhanced Training Costs...................... ($108.6) ($165.5) ($5.4) ($8.2) N/A.
Requirements for Certain Airline Benefits................... 119.0 170.9 6.0 8.6 Avoided Injuries and
Personnel and Contractors. Fatalities.
Sec. 382.141 Enhanced Wheelchair Costs...................... (39.7) (60.6) (2.0) (3.0) N/A.
Handling Training Component. Benefits................... 119.0 170.9 6.0 8.6 Avoided Injuries,
Avoided Loss of
Mobility.
Sec. 382.141 Enhanced Transfer Costs...................... (68.9) (104.9) (3.4) (5.2) N/A.
Assistance Training Component. Benefits................... 0 0 0 0 Improved Dignity;
Avoided Injuries.
Sec. 382.65 Onboard Wheelchair Costs...................... (13.0) (17.8) (0.7) (0.7) N/A.
Performance Requirements. Benefits................... 0 0 0 0 Avoided Injuries and
improved lavatory
accessibility.
Sec. 382.11 Safe and Dignified Costs...................... 0 0 0 0 N/A.
Assistance for Passengers with Benefits................... 0 0 0 0 Clarifies existing
Disabilities; Sec. 382.89 Prompt requirements.
Boarding, Deplaning, and
Connecting Assistance for
Passengers with Disabilities.
Sec. 382.3 Definition of a Costs...................... 0 0 0 0 N/A.
Mishandled Wheelchair, Scooter, or Benefits................... 0 0 0 0 Clarifies existing
Other Assistive Device; Sec. requirements and/or
382.125(e) Timely Passenger captures existing
Notifications; Sec. 382.130(a-b) practice; Passenger
Wheelchair Mishandling As a Per Se is notified of rights
Violation; Sec. 382.130(c) in event of
Ensuring That a Delayed Wheelchair mishandling;
Is Returned as Quickly as Passenger is provided
Possible; 382.130(d) Options for opportunity to change
Passengers When a Wheelchair Has plans if wheelchair
Been Lost, Damaged, or Pilfered; does not fit on
382.130(e) Loaner Chair plane.
Accommodations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Costs................................................. 121.6 183.3 6.1 8.9 N/A.
Total Benefits.............................................. 119.0 170.9 6.0 8.6 N/A.
Net Benefits................................................ -2.6 -12.4 -0.1 -0.34 N/A.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 17785]]
This NPRM proposes to clarify airlines' requirements under part 382
by codifying the Department's longstanding view that all assistance,
including physical assistance, provided to individuals with
disabilities by airlines in accordance with part 382 must be conducted
in a safe and dignified manner. It also proposes to codify the
Department's interpretation of the word ``prompt.'' We do not expect
these proposed provisions to have a cost impact because airlines are
already making efforts to comply with the Department's longstanding
view and interpretation.
This NPRM proposes to clarify that any mishandling of a checked
wheelchair or other assistive device by an airline, regardless of
whether the device was disassembled or not, is a violation of the ACAA
and subject to potential enforcement, which may include the imposition
of civil penalties. This NPRM also proposes to require airlines to
inform passengers of their rights following wheelchair and scooter
mishandlings. We do not expect these proposals to have a cost impact
because it primarily clarifies the Department's longstanding
interpretation of the requirement that airlines must return wheelchairs
and other assistive devices to passengers in the condition they
received them.
This NPRM also includes new proposed requirements for airlines to
provide timely stowage notifications to wheelchair and scooter users,
to ensure that mishandled wheelchairs and scooters are swiftly
returned, repaired, or replaced by airlines, and to provide individuals
impacted by mishandlings with greater flexibility in choosing vendors
for wheelchair repairs and replacements without having to foot the bill
themselves. This NPRM also addresses the critical need for loaner
wheelchair accommodations while individuals wait for their mishandled
wheelchairs. We do not expect these proposed provisions to have a cost
impact because airlines assert that they are already providing these
services to passengers, including when wheelchairs and other mobility
aids are mishandled. Even so, there is significant benefit to consumers
from establishing standards that all carriers must meet and that the
Department is able to enforce if any carrier fails to do so. As for
passenger notifications, airlines may be able to leverage existing
systems to meet the proposed requirements.
In addition, this NPRM proposes enhancements to the part 382
airline training requirements by expanding training for airline
personnel that provide physical assistance to passengers with
disabilities and personnel that handle passengers' personal wheelchairs
and other mobility aids. The proposal would generally require more
frequent, hands-on training for such personnel on several different
job-related subjects, among other things. The RIA estimates the
annualized cost of the proposed training requirements to be $5.4
million at a 7 percent discount rate or $8.2 million at a 3 percent
discount rate.
The annualized benefit of the proposed training requirements is
estimated to be $6.0 million at a 7 percent discount rate or $8.6
million at a 3 percent discount rate. The proposal is expected to
reduce injuries, including fatalities, sustained by passengers with
disabilities, the frequency and degree of damages to wheelchairs due to
mishandling, and the associated hardships and expenses that passengers
encounter when wheelchairs are mishandled.
Furthermore, this NPRM proposes to expand the circumstances under
which airlines would be required to use OBWs meeting new safety and
accessibility standards. The annualized cost for this proposal is
expected to be $700,000 at a 7 percent discount rate or $700,000 at a 3
percent discount rate. The quantified benefits of this proposal, which
are avoided injuries, are estimated on a breakeven basis. The RIA
estimates that the proposal would need to result in 24 avoided injuries
annually in 2023 growing to 48 avoided injuries annually in 2043 to
cover costs. Additional unquantified benefits include improved lavatory
accessibility.
The Department further notes that the greater convenience, safety,
and accessibility provided by all the proposed provisions could lead
passengers with disabilities to increase their use of air travel,
either by switching from slower modes of travel or by making more long-
distance trips. The potential increase in travel and the associated
increase in consumer surplus have not been quantified in this analysis.
Executive Orders 12866 and 13563 also require agencies to provide a
meaningful opportunity for public participation. Accordingly, the
Department has asked commenters to answer a variety of questions to
elicit practical information about relevant data and analytic
approaches, as described in the section titled, ``Discussion of
proposed rule text and requests for data and comments.'' The Department
also specifically requests comments and data on the unquantified
benefits mentioned in the table above. Additional questions on this can
be found in the full-length RIA. These comments will help the
Department further evaluate the economic effects of the proposed rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant economic impact on a substantial number of small entities.
A direct air carrier or foreign air carrier is a small business if it
provides air transportation only with small aircraft (i.e., aircraft
with up to 60 seats/18,000-pound payload capacity).\92\ In 2023, 29 air
carriers meeting these criteria reported passengers traffic data to the
Bureau of Transportation Statistics.\93\ As described in the Initial
Regulatory Flexibility Analysis (IRFA), the primary regulatory
initiatives discussed in this NPRM would apply to carriers that operate
aircraft with FAA-certificated maximum capacity of more 19 or more
seats. This group of impacted air carriers includes small businesses.
There would be an impact on those carriers due to proposed increased
training requirements for personnel who provide physical assistance and
perform wheelchair handling. The RIA estimates that the proposed rule
would require two additional hours of training per year for personnel
performing physical assistance or performing wheelchair handling (Sec.
382.141). However, the cost of two additional hours of wages per year
per employee is expected to be nonsignificant. Assuming relevant
personnel work 2,000 hours per year on average (40 hours per week times
50 weeks per year), a two-hour increase is just 0.1% increase in labor
costs for the impacted roles which would be a much smaller percentage
of all labor costs and an even smaller percentage of all operating
costs. The other provisions of the rule either apply only to carriers
that operate aircraft with more than 60 seats and are therefore not
small businesses, or do not impose costs. Accordingly, the Department
does not believe that the NPRM would have a significant impact on a
substantial number of small entities. However, we invite comment on the
potential impact of this rulemaking on small entities as
[[Page 17786]]
described in the IRFA posted to the rulemaking docket.
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\92\ 14 CFR 298.2.
\93\ Bureau of Transportation Statistics. No date. ``Aviation
Support Tables: Carrier Decode'' <a href="https://www.transtats.bts.gov/DL_SelectFields.aspx?gnoyr_VQ=GDH&QO_fu146_anzr=N8vn6v10%20f722146%20gnoyr5">https://www.transtats.bts.gov/DL_SelectFields.aspx?gnoyr_VQ=GDH&QO_fu146_anzr=N8vn6v10%20f722146%20gnoyr5</a>. To access the data, download all field names, filter to only
show ``Carrier_Group_New'' code 5, sort by End_Date, and count
entries with no End_Date value.
---------------------------------------------------------------------------
C. Executive Order 13132 (Federalism)
This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
notice does not propose any provision that: (1) has substantial direct
effects on the States, the relationship between the national government
and the States, or the distribution of power and responsibilities among
the various levels of government; (2) imposes substantial direct
compliance costs on State and local governments; or (3) preempts State
law. States are already preempted from regulating in this area by the
Airline Deregulation Act, 49 U.S.C. 41713. Therefore, the consultation
and funding requirements of Executive Order 13132 do not apply.
D. Executive Order 13175
This NPRM has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because none of the
topics on which the Department is seeking comment would significantly
or uniquely affect the communities of the Indian Tribal governments or
impose substantial direct compliance costs on them, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), no person is required to respond to a collection of information
unless it displays a valid OMB control number. This NPRM does not
propose any new information collection burdens.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (UMRA) requires, at 2
U.S.C. 1532, that agencies prepare an assessment of anticipated costs
and benefits before issuing any rule that may result in the expenditure
by State, local, and tribal governments, in the aggregate, or by the
private section, of $100 million or more (adjusted annually for
inflation) in any one year. As described elsewhere in the preamble,
this proposed rule would have no such effect on State, local, and
Tribal governments or on the private sector. Therefore, the Department
has determined that no assessment is required pursuant to UMRA.
G. National Environmental Policy Act
The Department has analyzed the environmental impacts of this
proposed action pursuant to the National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321 et seq.) and has determined that it is
categorically excluded pursuant to DOT Order 5610.1C, Procedures for
Considering Environmental Impacts (44 FR. 56420, Oct. 1, 1979).
Categorical exclusions are actions identified in an agency's NEPA
implementing procedures that do not normally have a significant impact
on the environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS).\94\ In
analyzing the applicability of a categorical exclusion, the agency must
also consider whether extraordinary circumstances are present that
would warrant the preparation of an EA or EIS.\95\ Paragraph 4.c.6.i of
DOT Order 5610.1C categorically excludes ``[a]ctions relating to
consumer protection, including regulations.'' This rulemaking concerns
consumer and civil rights protection for individuals with disabilities.
The Department does not anticipate any environmental impacts, and there
are no extraordinary circumstances present in connection with this
rulemaking. The Department welcomes public comment on potential
environmental impacts, including climate change impacts, that may
result from this rulemaking.
---------------------------------------------------------------------------
\94\ See 40 CFR 1508.4.
\95\ Id.
---------------------------------------------------------------------------
H. Rulemaking Summary, 5 U.S.C. 553(b)(4)
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found in the Abstract section of the Department's Unified Agenda entry
for this rulemaking at <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202304&RIN=2105-AF14">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202304&RIN=2105-AF14</a> and in the docket for this
rulemaking at <a href="https://www.regulations.gov/docket/DOT-OST-2022-0144/unified-agenda">https://www.regulations.gov/docket/DOT-OST-2022-0144/unified-agenda</a>.
List of Subjects in 14 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 as follows:
PART 382--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR
TRAVEL
0
1. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 41705.
Subpart A--General Provisions
0
2. Amend Sec. 382.3 by adding in alphabetical order the definitions of
``Hands-on training'' and ``Mishandled'' to read as follows:
Sec. 382.3 What do the terms in this rule mean?
* * * * *
Hands-on training means training that is received by an employee or
contractor where the employee or contractor performs a task, function,
or procedure that would be part of his or her normal duties in a
controlled/simulated environment and with the use of a suitable life-
sized model or equipment, as appropriate.
* * * * *
Mishandled means lost, delayed, damaged, or pilfered.
* * * * *
Subpart B--Nondiscrimination and Access to Services and Information
0
3. In Sec. 382.11, redesignate paragraph (b) as paragraph (c) and add
new paragraph (b) to read as follows:
Sec. 382.11 What is the general nondiscrimination requirement of this
part?
* * * * *
(b) As a carrier or an indirect carrier, the assistance you provide
with respect to this part must be performed in a safe and dignified
manner.
* * * * *
Subpart E--Accessibility of Aircraft and Service Animals on
Aircraft
0
4. Amend Sec. 382.65 by revising paragraph (h) to read as follows:
Sec. 382.65 What are the requirements concerning on-board
wheelchairs?
* * * * *
(h)(1) If you replace an on-board wheelchair supplied on aircraft
with an FAA-certificated maximum seating capacity of 125 or more after
October 2, 2026, then you must replace it with an on-board wheelchair
that meets the standards set forth in paragraph (e) of this section.
(2) After October 2, 2026, if you purchase or otherwise obtain a
new on-board wheelchair for use on aircraft with more than 60 passenger
seats, it must meet the standards set forth in paragraph (e) of this
section.
[[Page 17787]]
(3) Any on-board wheelchair supplied on aircraft with an FAA-
certificated maximum seating capacity of more than 60 passenger seats
and that has an accessible lavatory and that was delivered after
October 2, 2026, must meet the standards set forth in paragraph (e) of
this section.
(4) After October 2, 2031, any on-board wheelchair that you provide
for passengers' use on aircraft with more than 60 passenger seats must
meet the standards set forth in paragraph (e) of this section.
(5) For purposes of paragraphs (h)(2) through (4), you must acquire
OBWs that comply with as many of the proposed safety and accessibility
requirements in paragraph (e) of this section as are available. You
must inform the Department at the address cited in 14 CFR 382.159 that
an on-board wheelchair meeting that requirement is unavailable, if that
is the case.
Subpart G--Boarding, Deplaning, and Connecting Assistance
0
5. In Subpart G, add Sec. 382.89 to read as follows:
Sec. 382.89 How timely must the service required under this Subpart
be provided by carriers to passengers with disabilities?
(a) As a carrier, the assistance you provide with respect to this
subpart must be performed in a prompt manner.
(b) Whether the assistance is prompt is dependent on the totality
of the circumstances, except, for as set forth in paragraph (c) of this
section.
(c) Prompt assistance for a person who uses a boarding chair (i.e.,
aisle chair) in deplaning means:
(1) personnel and boarding chair must be available to deplane the
passenger when the last passenger who did not request deplaning
assistance departs the aircraft; and
(2) the passenger's personal wheelchair must be available as close
as possible to the door of the aircraft to the maximum extent possible,
except where this practice would be inconsistent with Federal
regulations governing transportation security or the transportation of
hazardous materials; or when the passenger requests the wheelchair be
returned at a location other than the door of the aircraft. If the
passenger requests the wheelchair be returned at a location other than
the door of the aircraft, an airport wheelchair must be available as
close as possible to the door of the aircraft for the passenger's use.
0
6. In Sec. 382.95, revise paragraph (a) to read as follows:
Sec. 382.95 What are carriers' general obligations with respect to
boarding and deplaning assistance?
(a) As a carrier, you must provide or ensure the provision of
assistance requested by or on behalf of passengers with a disability,
or offered by carrier or airport operator personnel and accepted by
passengers with a disability, in enplaning and deplaning. This
assistance must include, as needed, the services of personnel and the
use of ground wheelchairs, accessible motorized carts, boarding
wheelchairs, and/or on-board wheelchairs where provided in accordance
with this part, and ramps or mechanical lifts.
* * * * *
Subpart I--Stowage of Wheelchairs, Other Mobility Aids, and Other
Assistive Devices
0
7. In Sec. 382.125, add new paragraph (e) to read as follows:
Sec. 382.125 What procedures do carriers follow when wheelchairs,
other mobility aids, and other assistive devices must be stowed in the
cargo compartment?
* * * * *
(e) You must provide timely notifications to passengers when their
wheelchairs and scooters have been loaded and stowed in the cargo
compartment and unloaded and retrieved from the cargo compartment. In
the event that a passenger's wheelchair or scooter does not fit into
the cargo compartment, you must immediately notify the impacted
passenger.
0
8. In Subpart I, add Sec. 382.130 to read as follows:
Sec. 382.130 What are the handling requirements for wheelchairs and
other assistive devices and what obligations apply when wheelchairs or
other assistive devices are mishandled?
(a) The mishandling of a passenger's checked wheelchair or other
assistive device is a violation of the Air Carrier Access Act within
the meaning of 49 U.S.C. 41705.
(b) In the event of a mishandling of a wheelchair or scooter, you
must immediately notify the impacted passenger of his or her rights to
file a claim with the carrier, to receive a loaner wheelchair or
scooter from the carrier with certain customizations described in
paragraph (e) of this section, to choose a preferred vendor for repairs
or replacement of the device, and to have a Complaints Resolution
Official (CRO) available and be provided information on how to contact
the CRO.
(c)(1) When a checked wheelchair or scooter has been delayed, you
must ensure that the device is transported to the passenger's final
destination within 24 hours of the passenger's arrival by whatever
means possible.
(2) You must provide passengers a choice between picking up the
wheelchair or scooter at the passenger's final destination airport or
having the wheelchair or scooter delivered to another location based on
a reasonable request by the passenger, such as the passenger's home or
hotel. The wheelchair or scooter is considered to be provided to the
passenger when the wheelchair or scooter is transported to a location
requested by the passenger if the passenger chooses to have it
delivered, regardless of whether the passenger is present to take
possession of the wheelchair or scooter; or when the wheelchair or
scooter has arrived at the destination airport, is available for
pickup, and the carrier has provided notice to the passenger of the
location and availability of the wheelchair or scooter for pickup if
the passenger chooses to pick it up.
(d) When a checked wheelchair or scooter has been lost, damaged, or
pilfered, you must give the passenger the following options:
(1) The passenger may file a claim with the carrier and elect for
the carrier to handle the repair or replacement of the wheelchair or
scooter. If the passenger selects this option, you must repair or
replace the wheelchair or scooter, with a device of equivalent or
greater function and safety, within a reasonable timeframe and pay the
cost of repairs or replacement; or
(2) The passenger may file a claim with the carrier and elect to
use the passenger's preferred vendor to repair or replace the
wheelchair or scooter. If the passenger selects this option, you are
responsible for promptly transporting the damaged wheelchair or scooter
to the passenger's preferred vendor, unless the passenger has indicated
that he or she will arrange for the transport themselves, and for
paying the cost of transport and repairs or replacement, with a device
of equivalent or greater function and safety, within a reasonable
period.
(e) While the passenger is waiting for his or her mishandled
personal wheelchair or scooter to be returned, repaired, or replaced,
you must use your best efforts to work with the passenger and to
provide an adequate loaner wheelchair or scooter that meets the
passenger's functional and safety-related needs, to the maximum extent
possible. You must pay for the cost of the loaner wheelchair or
scooter.
[[Page 17788]]
Subpart J--Training and Administrative Provisions
0
9. Revise Sec. 382.141 to read as follows:
Sec. 382.141 What training are carriers required to provide for their
personnel (i.e., employees and contractors)?
(a) As a carrier that operates aircraft with 19 or more passenger
seats, you must ensure training, meeting the requirements of this
paragraph, for all personnel who interact with the traveling public or
who handle passengers' assistive devices, as appropriate to the duties
of each employee or contractor.
(1) General. You must ensure training to proficiency concerning:
(i) The requirements of this part and other applicable Federal
regulations affecting the provision of air travel to passengers with a
disability;
(ii) Your procedures, consistent with this part, concerning the
provision of air travel to passengers with a disability, including the
proper and safe operation of any equipment used to accommodate
passengers with a disability; and
(iii) Your procedures that safeguard the safety and dignity of
passengers with disabilities when providing service required under this
part.
(2) Communication. You must ensure employees and contractors who
interact with the traveling public are trained with respect to
awareness of different types of disabilities, including how to
distinguish among the differing abilities of individuals with a
disability.
(i) You must ensure such employees and contractors are trained on
appropriate ways to communicate and interact with passengers with a
disability, including persons with physical, sensory, mental, and
emotional disabilities (e.g., speaking to the individual with a
disability instead of to the travel companion).
(ii) You must also ensure such employees and contractors are
trained to recognize requests for communication accommodation from
individuals whose hearing or vision is impaired and to use the most
common methods for communicating with these individuals that are
readily available, such as writing notes or taking care to enunciate
clearly, for example. Training in sign language is not required. You
must also train these employees to recognize requests for communication
accommodation from deaf-blind passengers and to use established means
of communicating with these passengers when they are available, such as
passing out Braille cards if you have them, reading an information
sheet that a passenger provides, or communicating with a passenger
through an interpreter, for example.
(3) Physical Assistance. You must ensure that employees and
contractors who provide physical assistance to passengers with
disabilities who use wheelchairs and other assistive devices are
trained in the matters listed in paragraphs (a)(1) and (2) of this
section, and the following:
(i) Hands-on training concerning safe and dignified physical
assistance, including: transfers to and from personal or airport
wheelchairs, aisle chairs, and aircraft seats; proper lifting
techniques to safeguard passengers; how to troubleshoot common
challenges in providing physical assistance; and proper use of
equipment used to physically assist passengers with disabilities; and
(ii) Other training concerning the collecting and sharing of
passenger information, such as Special Service Request (SSR) codes,
needed to ensure safe, dignified, and prompt physical assistance.
(4) Handling of Wheelchairs and Other Mobility Aids. You must
ensure that employees and contractors who handle passengers'
wheelchairs and other mobility aid devices are trained in the matters
listed in paragraphs (a)(1) and (2) of this section, as appropriate to
the duties of each person, and the following:
(i) Hands-on training concerning common types of wheelchairs and
other mobility aids and their features, airport and airline equipment
used to load and unload wheelchairs and other mobility aids, and
methods for safely moving and stowing wheelchairs, including lifting
techniques, wheelchair disassembly, reconfiguration, and reassembly,
and securement in the cargo compartment of the aircraft; and
(ii) Other training concerning the collecting and sharing of
information regarding a passenger's wheelchair or other mobility aid,
including using any airline wheelchair handling form(s) that may exist,
to ensure the safe and proper handling of such assistive devices.
(5) Consulting With Disability Rights Organizations. You must
consult with organizations representing individuals with disabilities
in your home country when developing your training program and your
policies and procedures. When making changes to such training programs
and related policies and procedures that will have a significant impact
on assistance provided to individuals with disabilities, you must
consult with organizations representing individuals with disabilities
who would be affected by those changes. If such organizations are not
available in your home country, you must consult with individuals with
disabilities and/or international organizations representing
individuals with disabilities.
(6) Training Frequency. You must ensure that all personnel who are
required to receive training receive refresher training on the matters
covered by this section, as appropriate to the duties of each employee
and contractor, as needed to maintain proficiency. The training program
must describe how proficiency will be maintained.
(i) All personnel who provide physical assistance to passengers
with disabilities must receive the training described in paragraph
(a)(3) of this section, prior to assuming their duties and at least
once every twelve months thereafter.
(ii) All personnel who handle passengers' wheelchairs and other
mobility aid devices must receive the training described in paragraph
(a)(4) of this section, prior to assuming their duties and at least
once every twelve months thereafter.
(iii) All other personnel must receive training prior to assuming
their duties and at least once every three years thereafter.
(7) Contractors. You must provide, or ensure that your contractors
receive, training concerning travel by passengers with a disability.
This training is required only for those contractors who interact
directly with the traveling public or who handle passengers' assistive
devices, and it must be tailored to the employees' functions. Training
for contractors must meet the requirements of paragraphs (a)(1) through
(6) of this section.
(8) Complaint Resolution Officials (CROs). The employees you
designate as CROs, for purposes of Sec. 382.151 of this part, must
receive training concerning the requirements of this part and the
duties of a CRO prior to assuming their duties and at least once every
twelve months thereafter.
(b) If you are a carrier that operates only aircraft with fewer
than 19 passenger seats, you must ensure that your employees and
contractors who directly interact with the traveling public are
trained, as appropriate to their duties, to ensure that they are
familiar with the matters listed in paragraph (a)(1) of this section,
as well as to ensure they are knowledgeable on how to communicate with
individuals with differing disabilities, how to physically assist
individuals with mobility impairments, and how to properly handle
passengers' wheelchairs and other assistive devices.
[[Page 17789]]
Issued this 27th day of February, 2024, in Washington, DC.
Peter Paul Montgomery Buttigieg,
Secretary.
[FR Doc. 2024-04729 Filed 3-11-24; 8:45 am]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.