DOT ANNOUNCES PROPOSED RULE TO IMPROVE ACCESSIBILITY OF LAVATORIES ON SINGLE-AISLE AIRCRAFT
April 7, 2022
On March 18, 2022, the U.S. Department of Transportation (“DOT”) announced via press release that it published a Notice of Proposed Rulemaking (“NPRM”) with the intention of improving the accessibility of lavatories for passengers with disabilities traveling on new single-aisle aircraft. The new NPRM is the second part following DOT’s 2020 issuance of an NPRM titled “Accessible Lavatories on Single-Aisle Aircraft: Part 1”, available here, which included a number of accessibility improvements but did not involve expanding the size of onboard lavatories themselves.
Under the proposed rule, airlines would be required to make at least one lavatory accessible on any new single-aisle aircraft with an FAA-certificated maximum seating capacity of 125 or more passenger seats that are: (1) ordered 18 years after the effective date of the final rule; (2) delivered 20 years after the effective date of the final rule; or (3) of a new type certificated design filed with the FAA or a foreign carrier’s aviation safety authority more than one year after the effective date of the final rule. According to the NPRM, such aircraft will be required to have lavatories large enough to permit a passenger with a disability, with the help of an assistant, if necessary, to approach, enter, and maneuver within the aircraft lavatory, use all facilities in the lavatory, and leave the lavatory using the aircraft’s onboard wheelchair. The proposed rule also requires that the lavatory have certain accessible interior features identical to those that DOT proposed in the Part 1 NPRM (applicable to new single-aisle aircraft delivered three years after the effective date of the final rule derived from that NPRM) including accessible door locks, flush handles, call buttons, faucets, and assist handles.
There is currently no requirement that lavatories on single-aisle aircraft be accessible to individuals with disabilities. Members of the public and interested parties can submit comments on the new Part 2 NPRM through May 17, 2022.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-66652).
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