NEGOTIATED RULEMAKING FAILS TO REACH AGREEMENT ON SERVICE ANIMALS, INFORMATION NEEDED ON IFE SYSTEMS BY 10/14/16

October 12, 2016

We wanted to provide you with two important updates on the negotiated rulemaking process:

First, last Friday, the ACCESS Committee concluded that the discussions on service animals had reached an impasse and there was no basis for going forward.  DOT will decide whether or not to issue a regulation in this area in the future without further input from industry and advocacy groups through the negotiated rulemaking process.

Second, the last and final ACCESS Committee meeting is scheduled for October 12-14.  We have provided below a brief summary of where things stand on the two remaining issues being considered: accessible in-flight entertainment (IFE) and accessible lavatories on single-aisle aircraft.  If you have any comments that you would like passed along to the Committee please let us know as soon as possible as IATA is actively advocating for its foreign carrier members and needs input from carriers to ensure all applicable issues are properly addressed before the Committee.

In Flight Entertainment (IFE)

Current DOT proposal:

• No required retrofit of existing IFE systems to be accessible
• New IFE systems installed after two years of the final rule would have to be capable of close captions in either Fixed-Image form or User-Customizable form
• New IFE systems installed after four years of the final rule would have to be capable of close captions in User-Customizable form
• U.S. content needs to be able to be displayed with close captions 90 days after final rule
• Carriers must pass through audio descriptions for all English language movies and television shows produced in the U.S. to the extent such audio descriptions already exist
• One year after rule, carriers need to provide persons with reduced mobility (PRMs) substantial equivalent IFE via portable electronic devices (“PEDs”)

Major outstanding issues:

• Industry cannot provide PEDs in this time frame
• Industry proposes instead that DOT mandate that after a period of time (proposing four years) carriers will provide PRMs with Wi-Fi access to content via their personal PEDs.  

Input needed from international carriers on IFE: 

• Could your carrier meet the one year deadline being proposed by DOT for providing PEDs to PRMs?  If not, why not?
• What will your carrier do if DOT publishes a rule that requires you to provide PEDs within one year?

• • One alternative is to turn off IFE for all passengers on flights to/from the U.S.

Accessible Lavatories for Single Aisle Aircraft (Note: only applies to carriers that fly single aisle aircraft to/from the U.S.) 

Current industry position:

• Tier one:  applies to new aircraft delivered 3 years after final rule
  • 60 seat max aircraft:
    • Flight attendant training
    • Publication of accessible information
  • 125+ seats:
    • Lavatory design modifications
      • Additional assist handles
      • Controlled faucet water temperature
      • Attendant call buttons in lavatory
      • Information on flush controls
        • Carriers not willing to move flush controls
      • A door sill that offers the most advantageous dimensions
      • A redesigned onboard wheelchair that meets DOT standards
• Tier three: 
  • Retrofit not required
  • For single aisle aircraft ordered 18 years after and delivered 20 years after final rule or a new aircraft type design, the carrier must have one lavatory that meets the current accessibility requirements for twin aisle aircraft

Major outstanding issues:

• Advocates are seeking significant upgrades to existing lavatories that carriers cannot accept

Input needed from foreign carriers that fly single aisle aircraft to the U.S.:

• Can your airline provide listed upgrades to existing lavatories within three years?
• Are you comfortable with the requirement that you provide one accessible lavatory in 18 years?  Could you deliver it in less time?

Next Steps

If the ACCESS Committee reaches consensus on either of these issues, DOT will issue a notice of proposed rulemaking (NPRM) regulation reflecting that agreement.  Failure of the Committee to reach consensus on either of these issues will likely result in DOT drafting its own proposed regulation as is the case with service animals.  It is therefore very important that you provide answers/input on the above open issues to ensure that IATA can fully advocate foreign carrier interests before the Committee.

Please let us know if you have any questions.

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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