final rule correct 12 november 2013 wheelchair stowage

8/18/2019 Final Rule Correct 12 November 2013 Wheelchair Stowage

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67918 Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013/ Rules and Regulations

the ambient level must be userselectable. A function must be providedto automatically reset the volume to thedefault level after every use.

(iii) Captioning. Multimedia contentthat contains speech or other audioinformation necessary for thecomprehension of the content must beopen or closed captioned.

Advertisements and other similarinformation are not required to becaptioned unless they conveyinformation that can be used in thetransaction being conducted.

(iv) Tickets and boarding passes.Where tickets or boarding passes areprovided, tickets and boarding passesmust have an orientation that is tactilelydiscernible if orientation is important tofurther use of the ticket or boardingpass.

(6) Input. Input devices must complywith paragraphs (k)(6)(i) through (iv) ofthis section.

(i) Input controls. At least one inputcontrol that is tactilely discerniblewithout activation must be provided foreach function. Where provided, keysurfaces not on active areas of displayscreens, must be raised abovesurrounding surfaces. Where touch ormembrane keys are the only method ofinput, each must be tactilely discerniblefrom surrounding surfaces and adjacentkeys.

(ii) Alphabetic keys. Alphabetic keysmust be arranged in a QWERTYkeyboard layout. The ‘‘F’’ and ‘‘J’’ keysmust be tactilely distinct from the otherkeys.

(iii) Numeric keys. Numeric keys must be arranged in a 12-key ascending ordescending keypad layout or must bearranged in a row above the alphabetickeys on a QWERTY keyboard. The ‘‘5’’key must be tactilely distinct from theother keys.

(iv) Function keys. Function keysmust comply with paragraphs(k)(6)(iv)(A) and (B) of this section.

(A) Contrast. Function keys mustcontrast visually from backgroundsurfaces. Characters and symbols on keysurfaces must contrast visually from keysurfaces. Visual contrast must be either

light-on-dark or dark-on-light. However,tactile symbols required by (k)(6)(iv)(B)are not required to comply withparagraph (k)(6)(iv)(A) of this section.

(B) Tactile symbols. Function keysurfaces must have tactile symbols asfollows: Enter or Proceed key: raisedcircle; Clear or Correct key: raised leftarrow; Cancel key: raised letter ex; AddValue key: raised plus sign; DecreaseValue key: raised minus sign.

(7) Display screen. The display screenmust comply with paragraphs (k)(7)(i)and (ii) of this section.

(i) Visibility. The display screen must be visible from a point located 40 inches(1015 mm) above the center of the clearfloor space in front of the automatedkiosk.

(ii) Characters. Characters displayedon the screen must be in a sans seriffont. Characters must be 3/16 inch (4.8mm) high minimum based on the

uppercase letter ‘‘I.’’ Characters mustcontrast with their background with aminimum luminosity contrast ratio of3:1.

(8) Braille instructions. Brailleinstructions for initiating the speechmode must be provided. Braille mustcomply with section 703.3 of the 2010ADA Standards.

(9) Biometrics. Biometrics must not bethe only means for user identification orcontrol, unless at least two biometricoptions that use different biologicalcharacteristics are provided.

[FR Doc. 2013–26749 Filed 11–7–13; 4:15 pm]

BILLING CODE 4910–9X–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. DOT–OST–2011–0098]

RIN 2105–AD87

Nondiscrimination on the Basis ofDisability in Air Travel; Accessibility ofAircraft and Stowage of Wheelchairs

AGENCY: Office of the Secretary (OST),Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: The Department ofTransportation is issuing a final rule toallow airlines to use the seat-strappingmethod (placing a wheelchair across arow of seats using a strap kit thatcomplies with applicable FederalAviation Administration or foreigngovernment regulations on the stowageof cargo in the cabin compartment) totransport a passenger’s manual foldingwheelchair in the cabin of aircraft.

DATES: This rule is effective January 13,2014.

FOR FURTHER INFORMATION CONTACT:Amna Arshad or Blane A. Workie,Office of the Assistant General Counselfor Aviation Enforcement andProceedings, Department ofTransportation, 1200 New JerseyAvenue SE., Washington, DC 20590,(202) 366–9342 (phone), 202–366–7152(fax), [email protected] [email protected] (email).Arrangements to receive this notice in

an alternative format may be made bycontacting the above named individuals.

SUPPLEMENTARY INFORMATION:

Background

The Air Carrier Access Act (ACAA)prohibits discrimination by U.S. andforeign carriers against passengers withdisabilities. (See 49 U.S.C. 41705) Itsimplementing regulation, 14 CFR Part382 (Part 382), contains detailedstandards and requirements to ensurecarriers provide nondiscriminatoryservice to passengers with disabilities. Arequirement that U.S. carriers providein-cabin space for a folding passengerwheelchair was originally adopted in1990. (55 FR 8007.) At that time theDepartment’s intention was that newaircraft would have a designated space(e.g., a closet or similar compartment) inwhich one passenger’s wheelchair could

be stowed. The practice of seat-strapping, placing a wheelchair across a

row of seats using a strap kit thatcomplies with applicable FederalAviation Administration (FAA) orforeign government regulations on thestowage of cargo in the cabincompartment, was not authorized in theregulatory text or even mentioned in theoriginal rulemaking. However, it wassubsequently permitted underDepartment enforcement policy as analternative to compliance with theregulation’s requirement with respect toaccommodating a passenger’s manualfolding wheelchair in the cabin oncovered aircraft (aircraft with a design

passenger seat capacity of 100 or moreseats that were ordered after April 5,1990, or delivered after April 5, 1992).Whenever we reference passengerseating capacity in this or othereconomic or civil rights aviationrulemakings, we are referring to themanufacturer’s designed seatingcapacity.

Part 382 was updated on May 13,2008, to cover foreign air carriers,among other things. (73 FR 27614.) TheDepartment determined in the final ruleissued in 2008 that it was best not toretain the seat-strapping policy in the

new rule with respect to new aircraft(i.e., aircraft ordered after May 13, 2009,or delivered after May 13, 2010), andrequired, consistent with the intent ofthe original 1990 rule, that new aircraft

be capable of accommodating apassenger’s wheelchair in a prioritystowage space in the cabin. See 14 CFR382.123(c). The Department made thisdecision because of concerns that seat-strapping: (1) Is an awkward way oftransporting a wheelchair in the cabin;(2) can result in less timely stowage andreturn of the passenger’s wheelchair; (3)

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mailto:[email protected]






67919Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013/ Rules and Regulations

can be more conspicuous and bringunwanted attention to passengers withdisabilities; (4) can more likely result indamage to the passenger’s wheelchair;and (5) can result in last-minutesurprise denials of service to otherpassengers holding confirmed tickets onfull flights. Existing covered aircraftwere not required to be retrofitted,

however, and airlines could continue touse seat-strapping on those aircraft.

Within six months of issuance of theMay 13, 2008, final rule, the Departmentreceived two requests to continue theuse of seat-strapping. The Departmentalso received a request to stow apassenger’s manual folding wheelchairin a designated cargo stowage space asan alternative to stowing the passenger’swheelchair in the cabin of aircraft.These requests were submitted pursuantto the ‘‘equivalent alternative’’ provisionof the May 13, 2008, final rule, whichallows carriers to request a

determination that a carrier’s policy,practice, or other accommodationprovides substantially equivalentaccessibility to passengers withdisabilities, as compared with thatprovided under a specified provision ofPart 382. (See 14 CFR 382.9.)

The Department denied the tworequests to continue the use of seat-strapping because it was contrary to theexplicit language of the rule and

because a change in the substance of therule must be addressed throughrulemaking. (See Response toApplication of JetBlue Airways Corp. foran Equivalent Alternative Determination

from 14 CFR 382.123(c), Docket DOT–OST–2008–0273–0063 (filed July 22,2009); Response to Application of USAirways, Inc. for an EquivalentAlternative Determination from 14 CFR382.123(c), Docket DOT–OST–2008–

0273–0064 (filed July 22, 2009).) TheDepartment, however, granted a requestto stow a passenger’s manual foldingwheelchair in a designated cargostowage space as an alternative tostowing the wheelchair in the cabin, ona one-year trial basis, subject tonumerous conditions to ensure the sameor greater accessibility to persons with

a disability. (See Response toApplication of Aerovias Del ContinenteAmericano S.A., for an EquivalentAlternative Determination from 14 CFR382.67 and 14 CFR 382.123, DocketDOT–OST–2008–0273–0101.) On June3, 2011, the Department published aNotice of Proposed Rulemaking (NPRM)entitled ‘‘Nondiscrimination on theBasis of Disability in Air Travel;Accessibility of Aircraft and Stowage ofWheelchairs’’ in the Federal Register.The Department announced in theNPRM that it was considering amendingthe rule addressing the stowage of

wheelchairs in aircraft cabins. TheDepartment sought comment onwhether it should modify the provisionsin the May 13, 2008, rule pertaining tothe stowage of one passenger’s manualfolding wheelchair in the cabin ofaircraft with 100 or more passengerseats (§382.67) in order to allow thecontinued use of the seat-strappingmethod.

In the NPRM, the Department asked aseries of questions in the following

broad categories to assist it indetermining the impact of seat-strappingon passengers with a disability, othermembers of the traveling public, and

carriers: (1) Potential stigmatizationassociated with the seat-strappingmethod and impact on other passengersthat may result from the seat-strappingmethod; (2) compliance cost if theprohibition on the use of the seat-

strapping method remains; (3)complaints relating to damage towheelchairs or delay in the stowage andreturn and of a passenger’s wheelchair;(4) training of carrier employees; (5)identification of priority space forassistive devices; (6) additionalaccommodations that may be required ifthe seat-strapping method is permitted;

and (7) other miscellaneous questions.The Department received fifteen

comments in response to the NPRM. Ofthese, seven comments were fromairlines, representing the views ofVirgin Atlantic Airways, Spirit Airlines,

JetBlue Airways, Virgin America,United Airlines, US Airways, andSociete Air France. One airlineassociation, the Air TransportAssociation of America (now Airlinesfor America), submitted a comment.Disability organizations includingParalyzed Veterans of America and theDisability Rights Education and Defense

Fund each submitted a comment.Finally, five individual consumerssubmitted comments. The Departmenthas carefully reviewed and consideredthe comments received. Thecommenters’ positions that are germaneto the specific issues raised in theNPRM are set forth below, as is theDepartment’s response.

Summary of Final Regulatory Analysis

The final regulatory evaluationconcludes that the monetized benefits ofthe final rule exceed its monetizedcosts, even without considering non-

quantifiable benefits. This evaluation,outlined in the table below, finds thatthe expected net present value of the

benefits of the rule over 20 years, at a7% discount rate, will amount to $242million to $272 million.

Present value(millions)

Total Quantified Benefits ..................................... 20 years, 7% discounting ........................................................................... $243 to $273.Total Quantified Costs* ....................................... 20 years, 7% discounting ........................................................................... $0.6.Net Quantified Benefits ........................................ 20 years, 7% discounting ........................................................................... $242 to $272.

* This rule will only impose monetary costs on carriers.

Information on additional benefits andcosts for which quantitative estimatescould not be developed is provided inthe Regulatory Analysis and Noticessection.

Comments and Responses

1. Potential Stigmatization and Impacton Other Passengers

Questions Posed in NPRM

We asked whether there are concernsover potential stigmatization or

embarrassment associated with the seat-strapping method, including how apassenger with a wheelchair might feelif he or she is made aware that otherpassengers might be denied boarding inorder to accommodate the wheelchair inthe cabin. We requested carriers to sharewhat procedures are currently used tominimize potential stigmatization orembarrassment associated with the seat-strapping method. We also askedwhether passengers had any otherconcerns associated with the use of the

seat-strapping method such as increasedlikelihood of denied boardings andrequested carriers provide informationregarding the number of passengersdenied boarding per year due to the useof the seat-strapping method.

Comments

In general, the airlines and the AirTransport Association of America (ATA)favor the use of seat-strapping to stowa passenger wheelchair in the cabin ofaircraft and state that it is a safe and





well-tested method of wheelchairstowage. Several airlines state that theyreceive very few onboard wheelchairrequests and that it is extremely rare forseat-strapping to result in a denied

boarding of another passenger. Thesecommenters believe that the concernover potential stigmatization orembarrassment associated with the seat-

strapping method is unfounded andstate that they have no complaints intheir records from passengers to supportthis concern. Several airlines note thatit has been their experience that somepassengers are reassured by thevisibility of their wheelchairs whileseat-strapped in the cabin.

Airlines additionally state that currentprocedures prevent stigmatization fromhappening as seat-strapping is doneduring the pre-boarding process and thewheelchair is not identified with thepassenger. Several airlines also statethat they speak to passengers with

disabilities in private and do notinvolve them in discussions withpassengers that may be denied boarding.Spirit Airlines states that it blocks therow used for seat-strapping fromadvance seat assignment and it is onlyassigned at the airport after all otherseats have been filled in order tominimize the possibility of moving ordenying boarding to other customersand any potential stigmatization.According to the ATA, pre-boardingprocedures, voluntary bumping, and

blocked seating for in-cabin wheelchairrequests are all procedures that can beimplemented to minimize

stigmatization and impact on otherpassengers. Virgin Atlantic Airways isthe only airline that did not favor seat-strapping, as its current practice is tostow wheelchairs in designated closetsin the cabin of the aircraft. It states thatseat-strapping would cause a rise indenied boarding situations resulting ininconvenience for other passengers.

Individual commenters and disabilityassociations oppose the seat-strappingmethod and believe it is an awkwardand unsafe method of transporting awheelchair in the cabin. According tothese commenters, the stigmatization of

passengers who choose to have theirwheelchair stowed in the cabin and thepossibility of denied boardings arelikely consequences of seat-strapping.They state that seat-strapping is done infront of all passengers, which wouldcause other passengers to complainabout a wheelchair taking up two seats.One individual commenter shared anincident where he requested seat-strapping, which the airline did in thefirst row of the aircraft in front of all thepassengers, and he overheard twopassengers commenting on how rude he

was for causing two individuals to bedenied boarding. Another passengershared a similar story where the airlinereportedly made a scene of the seat-strapping while people were enteringthe aircraft, and another incident whereshe had requested to stow herwheelchair in the cabin and the airlinetold her the flight was full and that they

had no closet. These commenters believe that a designated onboardstowage space would satisfy their abilityto store their wheelchair safely withoutadversely impacting other passengers.

DOT Response

Having fully considered thecomments, the Department has decidedto allow carriers to use the seat-strapping method to stow a passenger’smanual folding wheelchair in the cabinof aircraft. Based on the commentsreceived, the Department has concludedthat the seat-strapping method is an

acceptable alternative to a closet orsimilar stowage space for wheelchairstowage in the cabin because carrierscan minimize any stigmatization andimpact on other passengers byimplementing alternative proceduressuch as voluntary bumping in exchangefor compensation, allowing passengerswith wheelchairs to pre-board, blockingseats to accommodate wheelchairstowage requests, and strapping thewheelchair to the seats during the pre-

boarding process. The Departmentemphasizes that carriers must takespecific well-defined measures such asthese to ensure that the use of the seat-strapping method does not result instigmatization or embarrassment of thepassenger choosing to stow theirwheelchair in the cabin.

2. Compliance Cost


We asked about costs to carriers ifprohibition on the use of the seat-strapping method continued and aboutany effects, other than cost, that thecontinued prohibition would have oncarriers. We sought comment on the

benefits to using the seat-strapping

method, aside from cost savings tocarriers, over the requirement to have apriority stowage space. We alsorequested information regarding anyincreased costs to carriers that wouldresult from allowing the seat-strappingmethod.

Comments

The airlines and the ATA areconcerned about compliance cost if theprohibition on the use of the seat-strapping remains. These commentersstate that in addition to the cost of

adding an in-cabin closet or similarstowage space in each new aircraft,which ranges from $25,000 to $75,000per aircraft, the airlines would facemillions of dollars of lost revenue overthe life of each aircraft due to thepermanent loss of a row of seats. Thesecommenters state that a ban on seat-strapping would lead to fewer

permanent seats for passengers, andthey contend that seat-strapping wouldallow airlines to offer lower fares forconsumers. According to thesecommenters, seat-strapping provides anequivalent alternative to a dedicatedstowage space for a wheelchair in thecabin at a fraction of the cost.

Virgin Atlantic states that it stowswheelchairs in designated closets in thecabin of the aircraft and that it wouldincur great expense if it were requiredto use the seat-strapping method,including the price to purchase anddeploy seat-strapping kits, the cost of

training crew on how to safely strapwheelchairs, training ground crew onhow to ensure proper handling ofdenied boarding situations, andcreating, printing and distributingmaterials such as procedures, noticesand training manuals.

DOT Response

Given that almost all the commentingcarriers have stated that they have notreceived any passenger complaintsagainst the seat-strapping method, andgiven the dearth of public commentsagainst this method, the Departmentfeels it would not be justified in

burdening the carriers with the cost ofa designated wheelchair stowage spacein the cabin of their aircraft, particularlywith respect to the permanent revenueloss from removing a row of seats. Withproper safeguards, the Department

believes seat-strapping can be aneffective means of transportingwheelchairs.

Virgin Atlantic’s concern ismisplaced. The Department is notrequiring carriers to use the seat-strapping method; it is simplyauthorizing this procedure as an option.Virgin and all other carriers remain free

to use a closet or similar space in thecabin to accommodate passengerwheelchairs if they choose. We note,however, that this final rule requirescarriers to be able to stow two foldingmanual passenger wheelchairs on anycovered aircraft, as opposed to the priorrequirement to be able to stow one suchchair, if the carrier chooses to use theseat-strapping method for wheelchairstowage and if stowing a secondpassenger wheelchair in the cabinwould not displace additionalpassengers.





3. Complaints Regarding Damage toWheelchairs and Timely Stowage andReturn of a Passenger’s Wheelchair


We asked for commenters to share anyconcerns they have regarding damage toa wheelchair or less timely stowage andreturn of a wheelchair if the seat-

strapping method is allowed. We alsoasked whether there were anycomplaints received regardingwheelchair damage from using the seat-strapping method or from stowing awheelchair in a priority space in thecabin.

Comments

According to the ATA and theairlines, complaints regarding damage towheelchairs are extremely rare. Almostall of the airlines reported that theyhave no complaints related to in-cabinwheelchair stowage in their records.Additionally, according to the ATA, itsmembers have no complaints in theirrecords related to wheelchair damage asa result of seat-strapping. Thesecommenters also state that seat-strapping does not result in less timelystowage or retrieval than if thewheelchair was stowed in a closet.

Individual commenters and disabilityassociations state that seat-strapping canresult in less timely stowage and returnof the passenger’s wheelchair. TheParalyzed Veterans of America (PVA)

believes that it is likely that a carrierwould place the wheelchair in the lastrow of seats, rather than the first, which

could cause it to be the last item off theplane, and that a seat-strappedwheelchair is more susceptible todamage as it is exposed to other people,carry-on baggage, and food or beveragecarts. Also, PVA states that thesecurement process itself could causedamage to the wheelchair if anemployee is not properly trained in theprocedure. These commenters believethat a designated closet space wouldresolve all of these concerns.

DOT Response

The Department feels there is

insufficient data to support thecomments that assert that seat-strappingwill result in damage to wheelchairs orincreased incidents of denied boarding.We do not need to speculate about thepotential impact of seat-strapping, as theprocess has been in use for more thanten years. According to the airlines,there are no passenger complaints intheir records about wheelchair damageas a result of seat-strapping. TheDepartment also has not received anycomplaints about wheelchair damage asa result of the use of the seat-strapping

method. With respect to timely stowageand return, the Department hasconcluded that since a passenger’swheelchair is generally the last item anairline removes from the cabin (whetherit is stowed in the closet or in the firstor last row of the aircraft), a delay instowage or return is unlikely. Inaddition, the Department has not

received any complaints regardinguntimely stowage or return of apassenger wheelchair as a result of theuse of the seat-strapping method.

4. Training


We asked carriers how they currentlyensure that their employees know thatpassengers can use the seat-strappingmethod to stow wheelchairs. We alsoasked whether the existing requirementfor carriers to train their public contactemployees to proficiency on the proper

and safe operation of any equipmentused to accommodate passengers with adisability is sufficient to ensure carrieremployees know the proper manner inwhich to stow a wheelchair across a rowof seats using a strap kit.

Comments

According to the comments from theairlines and the ATA, carriers currentlyprovide training to crewmembers,airport agents, and ComplaintResolution Officials (CROs—disabilityspecialists) on the seat-strappingmethod, and include this method in

various operation manuals. Instructionsare also included with the seat-strapping kits. These commenters

believe that the seat-strapping method isjust as efficient as storing a wheelchairin a closet and state that this issupported by the fact that there are nocomplaints from passengers to supportdamage or delayed returns ofwheelchairs as a result of seat-strapping.One individual noted that she requestedto have her wheelchair stowed in thecabin and it appeared to her that theairline representative she wasinteracting with was not trained to do it.

DOT ResponseThe Department has considered all of

the comments and emphasizes theimportance in training airline personnelto ensure that passenger wheelchairs arehandled in a safe and proper manner toavoid any damage. Given that airlinesare responsible for any damage resultingfrom mishandling of the wheelchairs orimproper stowage using the seat-strapping method, the Department

believes it is in the airlines’ best interestto ensure proper training of their

personnel in utilizing the seat-strappingmethod.

5. Identification of Priority Space forStowage of Assistive Devices


We asked whether the Departmentshould require carriers to visuallyidentify via a placard or othermechanism that wheelchairs, othermobility aids, and other assistivedevices have priority for stowage in thecabin compartment over other items. Wealso inquired as to whether there wasany benefit in requiring airlines toinform passengers of the location of theseats where a folding manualwheelchair may be stowed.

Comments

The airlines and ATA believe thatthere are no benefits to identifyingpriority space for the stowage ofassistive devices or informing

passengers of the location of seats wherea folding manual wheelchair may bestowed. They state that a placard orother visual identification would lead tofurther stigmatization or embarrassmentof passengers who wish to stow theirwheelchairs onboard the aircraft. VirginAtlantic Airways notes that a placard isused to identify the location for thecrew and it is not necessary for thepassenger to know of the location as thepassenger would be unable to retrievetheir own wheelchair withoutassistance. The ATA notes that there isno benefit to informing the passengers

of the location of the space as it may bedifferent on various aircraft and maychange due to inoperable seats, or anaircraft change may change the stowagelocation. However, the ATA states thatif the Department adopts thisrequirement, it should limit it toinformation provided at the airport,since gate agents typically have thisinformation on hand. JetBlue Airwaysstates that it has found it beneficial toprovide passengers with notice on itsWeb site that seats designated forpassengers with disabilities are notavailable for assignment until the day of

travel and that passengers who requestto sit in the row designated for seat-strapping may be relocated if apassenger requests onboard stowage.

In general, disability associations andindividual commenters believe thatcarriers should visually identify thepriority stowage space in the cabin inorder to ensure that assistive deviceshave priority for stowage in the cabincompartment over other items. The PVAand an individual commenter state thatvisual identification of the prioritystowage space will educate air carrier





and contract personnel as well as otherpassengers that the space is prioritizedfor passenger wheelchairs. Neither thedisability associations nor theindividual commenters addressedwhether there was any benefit inrequiring airlines to inform passengersof the location of seats where a foldingmanual wheelchair may be stowed via

the seat-strapping method.

DOT Response

The Department has reviewed andcarefully considered the commentsregarding the identification of priorityspace for stowage of assistive devices.With regard to whether carriers should

be required to inform passengers of thelocation of the seats where a foldingmanual wheelchair may be strapped, theDepartment agrees with commentersthat placing a placard or other visualidentification on such seats would be oflimited benefit and could potentially

have a stigmatizing effect on passengers.Accordingly, the Department will notrequire visual identification of the seatswhere the seat-strapping method ofcarrying wheelchairs is utilized.

However, with regard to in-cabinclosets, the Department is requiringcarriers to visually identify via a placardor other mechanism that wheelchairs,other mobility aids, and other assistivedevices must be stowed in this area withpriority over other items, such as crewluggage. Travelers with disabilities haverecounted stories of when airlinepersonnel did not appear to know thattheir wheelchairs had priority forstowage in a closet over other items

brought onto the aircraft by otherpassengers or crew enplaning at thesame airport. Visual identification of thestowage space is expected to increasethe likelihood that a passenger’swheelchair or other assistive device will

be transported in the in-cabin closetwhere it is much less likely to bedamaged during transport. Accordingly,the Department believes that there areimportant benefits derived fromrequiring airlines to visually identifythat assistive devices have priority inthe closet.

6. Additional Accommodations if SeatStrapping Method Is Allowed


We inquired whether the currentdimensions of a wheelchair that must fitwithout disassembly in the priorityspace should be increased if theDepartment allows the use of the seat-strapping method, and if so, what thosedimensions should be. We also asked ifcarriers should be required toaccommodate more than one wheelchair

in the passenger cabin when thestowage of additional wheelchairswould not displace other passengers.

Comments

The airlines and the ATA believe thatthe current dimensions (13 inches by 36inches by 42 inches or less) of awheelchair that must fit without

disassembly in the priority space shouldnot be increased as these dimensionsmeet the needs of passengers and canreadily be accommodated by seat-strapping. Virgin Atlantic Airwaysstates that any larger size should only berequired for wheelchairs that are seat-strapped, as the stowage closets aredesigned for the current dimensions.

The airlines and the ATA believe thataccommodating more than onewheelchair is not necessary and shouldnot be required. Airlines state thatonboard stowage of wheelchairs is notcommon enough that it is necessary torequire carriers to accommodate twopassenger chairs. They note thatrequiring them to accommodate morethan one wheelchair would necessitateadditional seat-strapping kits anddisrupt more passengers. The airlinesfurther state that they should have theoption to accommodate morewheelchairs if there is room in thecabin, but that it should not be arequirement.

DOT Response

Based on the comments received, theDepartment does not see a need tochange the dimensions of a wheelchair

that must fit without disassembly in thepriority space. However, the Departmenthas decided to require carriers toaccommodate one more foldingwheelchair in the passenger cabin if thecarrier uses the seat-strapping methodfor wheelchair stowage and ifaccommodating a second passengerwheelchair in the cabin would notdisplace other passengers. TheDepartment believes that carrierschoosing to use the seat-strappingmethod do not have the spaceconstraints that carriers with an in-cabincloset have and would be able to

accommodate a second wheelchair aslong as it would not displace otherpassengers, thereby benefittingconsumers at minimal to no cost.Carriers may choose to stow bothwheelchairs in a single row of seats ina method accepted by the FederalAviation Administration or applicableforeign government. The requirement toensure that there is a priority space forat least two wheelchairs only applies tonew aircraft (aircraft ordered after May13, 2009, or delivered after May 13,2010).

7. Other


We asked for comments on whetherthe Department should prohibit or allowU.S. and foreign carriers to removeexisting closets or other priority spacesused for stowing a passenger’swheelchair in the cabins of aircraft

covered by Part 382. We also askedwhether the Department should allowthe use of the seat-strapping methodonly on single-aisle aircraft on the basisthat there is sufficient space for a closetor other priority stowage space on twin-aisle aircraft. We requested commentersto provide any information or data thatare relevant to the Department’sdecision.

Comments

One individual commenter contendedthat it is reasonable to require airlinesto carry two wheelchairs in the cabin oftwin-aisle aircraft. According to twoindividual commenters, the Departmentshould prohibit carriers from removingexisting closets or other priority stowagespaces. According to the ATA, theDepartment should allow the removal ofthe closet space as long as the carrierhas other areas to stow other devicesand also allow seat-strapping for bothsingle and twin-aisle aircraft. JetBlueAirways states that the Departmentshould not distinguish between singleand twin-aisle aircraft and that thedecision to seat-strap or stow in closetsshould remain with the carriers.

DOT Response

After considering the comments, theDepartment sees no compelling reasonto limit carriers’ options with respect tostowing passengers’ wheelchairs in thecabin and has decided to allow carriersto decide whether to remove existingclosets or other priority spaces currentlyused for stowing a passenger’swheelchair in the cabin as long as thecarrier has a workable, approvedmethod for in-cabin wheelchairstowage. Additionally, the Departmenthas decided not to distinguish betweensingle-aisle and twin-aisle aircraft andhas concluded that the seat-strapping

method is suitable for use in both typesof aircraft.

Regulatory Analysis and Notices

A. Executive Order 12866 (RegulatoryPlanning and Review), DOT RegulatoryPolicies and Procedures, and ExecutiveOrder 13563 (Improving Regulation andRegulatory Review)

This action has been determined to besignificant under Executive Order 12866and the Department of Transportation’sRegulatory Policies and Procedures. It





has been reviewed by the Office ofManagement and Budget in accordancewith Executive Order 12866 (RegulatoryPlanning and Review) and ExecutiveOrder 13563 (Improving Regulation andRegulatory Review) and is consistentwith the requirements in both orders.Executive Order 13563 refers to non-quantifiable values, including equity

and fairness.The Final Regulatory Evaluation

estimates that the final rule will imposea maximum one-time potential cost ofcompliance of $0.6 million presentvalue over the next 20 years. This costestimate represents the use of a worst-case approach that assumes a secondseat-strapping kit will be used on allimpacted aircraft as the result ofcarriers’ adoption of the seat-strappingmethod as an alternative to permanentwheelchair stowage. The worst-caseapproach was used because theapproach most likely resulting in lower

potential cost estimates of extra orsecond seat-strapping kits is difficult toquantify monetarily due a multitude ofuncertain factors (e.g., the frequency ofrequests for wheelchairs by passengerswith disabilities on airlines, thefrequency of full airline flights whenwheelchair requests are made, thenumber of extra seat-strapping kitsneeded as standbys per airline flight).Additionally, this final rule requirescarriers to label priority stowage spacein their cabins. The total estimated costof compliance with this part of the ruleis expected to be minimal with the total

discounted cost ranging from $15,700 to$21,400 between 2014 and 2033.On balance, any costs incurred by

carriers over the next 20 years for extraseat-strapping kits or for labelingpriority stowage areas are expected tohave an insignificant impact on the totalpotential benefits of the rule.Specifically, the benefits of allowingcarriers to use seat-strapping will likelyresult in a total net revenue gain over a20-year period of $242–$272 millionpresent value. This represents revenuederived from seats that will not have to

be removed in order to make space for

a permanent wheelchair stowage area.There are also benefits with regard tothe requirement that carriers identifythe in-cabin priority stowage space suchas ensuring that other passengers and/orairline employees know that manualwheelchairs and other assistive deviceshave priority in the in-cabin closets ofaircraft over other carry-on items orcrew luggage and increasing thelikelihood that manual wheelchairs andother assistive devices will betransported in the cabin rather than inthe cargo compartment.

The rule is also expected to generateadditional benefits to passengers withdisabilities as a result of the secondwheelchair requirement. A secondwheelchair requirement would providean additional passenger who may preferin-cabin stowage for various reasons (forexample, to avoid the possibility ofdamage occurring to the wheelchair in

the cargo compartment or for a sense ofreassurance by the visibility of his orher wheelchair) the opportunity to beable to request it as long as it would notdisplace other passengers. The potential

benefits of a second wheelchairrequirement are difficult to quantifymonetarily because of a multitude ofuncertain factors similar to thosedescribed previously for estimatingpotentially lower costs of extra seat-strapping kits. Although not used in thisevaluation because of the lack ofinformation, it is reasonable to assumecarriers will only purchase the number

of extra seat-strapping kits inaccordance with their projected demandfor more than one wheelchair on flights.A copy of the Final RegulatoryEvaluation has been placed in thedocket.

B. Executive Order 13132 (Federalism)

This Final Rule has been analyzed inaccordance with the principles andcriteria contained in Executive Order13132 (‘‘Federalism’’). This final ruledoes not include any provision that: (1)Has substantial direct effects on theStates, the relationship between thenational government and the States, or

the distribution of power andresponsibilities among the variouslevels of government; (2) imposessubstantial direct compliance costs onState and local governments; or (3)preempts State law. States are alreadypreempted from regulating in this area

by the Airline Deregulation Act, 49U.S.C. 41713. Therefore, theconsultation and funding requirementsof Executive Order 13132 do not apply.

C. Executive Order 13084

This final rule has been analyzed inaccordance with the principles and

criteria contained in Executive Order13084 (‘‘Consultation and Coordinationwith Indian Tribal Governments’’).Because this final rule does notsignificantly or uniquely affect thecommunities of the Indian Tribalgovernments or impose substantialdirect compliance costs on them, thefunding and consultation requirementsof Executive Order 13084 do not apply.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (5U.S.C. 601 et seq.) requires an agency to

review regulations to assess their impacton small entities unless the agencydetermines that a rule is not expected tohave a significant economic impact ona substantial number of small entities. Ihereby certify that this final rule willnot have a significant economic impacton a substantial number of smallentities. A direct air carrier or a foreign

air carrier is a small business if itprovides air transportation only withsmall aircraft (i.e., aircraft designed tohave a maximum passenger capacity ofnot more than 60 seats or a maximumpayload capacity of not more than18,000 pounds). See 14 CFR 399.73. Thesubject matter of this rule only affectsaircraft with 100 or more passengerseats. Therefore, this requirement doesnot apply to small businesses.

E. Paperwork Reduction Act

This rule imposes no new informationreporting or record keeping

necessitating clearance by the Office ofManagement and Budget.

F. Unfunded Mandates Reform Act

The Department has determined thatthe requirements of Title II of theUnfunded Mandates Reform Act of 1995do not apply to this rule.

Issued this November 1, 2013, inWashington, DC

Anthony R. Foxx,

Secretary of Transportation.

List of Subjects in 14 CFR Part 382

Air carriers, Civil rights, and

Individuals with disabilities.For the reasons set forth in the

preamble, the Department is amending14 CFR Part 382, as follows:

PART 382–NONDISCRIMINATION ONTHE BASIS OF DISABILITY IN AIRTRAVEL

■ 1. The authority citation for part 382continues to read as follows:

Authority: 49 U.S.C. 41705.

■ 2. Section 382.67 is revised to read asfollows:

§ 382.67 What is the requirement forpriority space in the cabin to storepassengers’ wheelchairs?

(a) As a carrier, you must ensure thatthere is priority space (i.e., a closet, ora row of seats where a wheelchair may

be strapped using a strap kit thatcomplies with applicable FederalAviation Administration or applicableforeign government regulations on thestowage of cargo in the cabincompartment) in the cabin of sufficientsize to stow at least one typical adult-sized folding, collapsible, or break-





down manual passenger wheelchair, thedimensions of which are 13 inches by36 inches by 42 inches or less withouthaving to remove the wheels orotherwise disassemble it. This sectionapplies to any aircraft with 100 or morepassenger seats and this space must beother than the overhead compartmentsand under-seat spaces routinely used for

passengers’ carry-on items.(b) If you are a carrier that uses the

seat-strapping method to stow a manualpassenger wheelchair, you must ensurethat there is priority space for at leasttwo such wheelchairs, if stowing thesecond passenger wheelchair would notdisplace passengers.

(c) If you are a carrier that uses acloset as the priority space to stow amanual passenger wheelchair, you mustinstall a sign or placard prominently onthe closet indicating that suchwheelchairs and other assistive devices

are to be stowed in this area withpriority over other items brought ontothe aircraft by other passengers or crew,including crew luggage, as set forth in§ 382.123.

(d) If passengers holding confirmedreservations are not able to travel on aflight because their seats are being usedto stow a passenger’s wheelchair as

required by paragraph (a) of this section,carriers must compensate thosepassengers in an amount to becalculated as provided for in instancesof involuntary denied boarding under14 CFR part 250, where part 250applies.

(e) As a carrier, you must neverrequest or suggest that a passenger notstow his or her wheelchair in the cabinto accommodate other passengers (e.g.,informing a passenger that stowing hisor her wheelchair in the cabin willrequire other passengers to be removed

from the flight), or for any other non-safety related reason (e.g., that it iseasier for the carrier if the wheelchair isstowed in the cargo compartment).

(f) As a carrier, you must offer pre- boarding to a passenger stowing his orher wheelchair in the cabin.

(g) As a foreign carrier, you must meet

the requirement of this section for newaircraft ordered after May 13, 2009, ordelivered after May 13, 2010. As a U.S.carrier, this section applies to you withrespect to new aircraft you operate thatwere ordered after April 5, 1990, orwhich were delivered after April 5,1992.

§382.123 [Amended]

■ 3. In §382.123, paragraph (c) isremoved.[FR Doc. 2013–26743 Filed 11–7–13; 4:15 pm]

BILLING CODE P


final rule correct 12 november 2013 wheelchair stowage

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