DEPARTMENT OF TRANSPORTATION HOLDS FIRST NEGOTIATED RULEMAKING ACCESS COMMITTEE MEETING IN WASHINGTON D.C.

June 1, 2016

On April 7, 2016, the Department of Transportation (DOT) announced its intent to establish an Accessible Air Transportation Advisory Committee (ACCESS) as part of a Negotiated Rulemaking to develop regulations on the following topics:

1. Basic accessibility and strengthening of accessibility requirements for in-flight entertainment (IFE) and communications;
2. Lavatory accessibility on new single-aisle aircraft over a certain size; and
3. Clarification of the definition and utilization of “service animals” by disabled passengers on flights. 

On May 17-18 2016, DOT convened the first in a series of six, two-day meetings of the ACCESS Committee to begin the collaborative development of guidelines and suggestions for future regulations. Convener Richard W. Parker chaired the meeting, which was attended by DOT representatives and industry stakeholders appointed to serve on the twenty-five member ACCESS Committee, as well as members of the general public. Key issues discussed at the meeting included several procedural matters, such as the scope and applicability of committee “Ground Rules,” as well as the leadership and composition of three distinct voting committees, or “Working Groups” organized for each topic of discussion. Substantive issues were also considered, such as the viability of achieving consensus for each of the three issues and discussions on what questions should be answered in a potential rulemaking.

One of the main topics of discussion was service animals, including the overarching issue of whether to amend the current definition of “service animal” in the Air Carrier Access Act as “any animal that is individually-trained or able to provide assistance to a qualified person with a disability; or any animal shown by documentation to be necessary for the emotional well-being of a passenger.” The Committee also identified key questions that must be addressed in any potential rulemaking, including:

• What species of animals should be allowed as service animals?
• Should a distinction be made between psychiatric service animals (“emotional support animals”) and service animals?
• What documentation should be required for service animals, and who may provide it?
• If documentation is required, how can the industry prevent fraud and abuse in the documentation process?
• Should carriers be allowed to deny boarding to ineligible service animals?
• What procedures, if any should be in place to allow carriers to challenge eligibility determinations for service animals, and should there be a limit on the number of service animals brought on board by a single passenger or in total on a single aircraft?  

The Committee also discussed other accessibility issues, such as the viability of achieving consensus on accessibility of in-flight entertainment, incidental costs associated with such a rule, and whether DOT can properly assert jurisdiction over this topic. The next open meeting of the ACCESS Committee will be held June 14-15, 2016 in Washington, D.C. We will continue to keep you updated on new developments.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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