DOT PLANS RULEMAKING ON ACCESSIBLE LAVATORIES

In an April 22, 2019, court filing in the U.S. Court of Appeals for the Tenth Circuit, DOT confirmed that it plans to issue a notice of proposed rulemaking (NPRM) to address handicap-accessible lavatories on single-aisle aircraft by December 2, 2019. DOT’s court filing was in response to a lawsuit brought against the agency by Paralyzed Veterans of America and nonprofit legal group Democracy Forward, which challenged the “unjustified and unlawful delay” in making such a rulemaking.

DOT stated in its filing that no current statute or regulation specifically requires such an NPRM. However, DOT emphasized that the agency has intended to commence the rulemaking process, but the release has been delayed due to the presidential transition in 2017 and a lack of resources at the Office of Aviation Enforcement and Proceedings.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).

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Authors

Evelyn D. Sahr

Member - Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

Alexander E. Matthews

Associate - Washington, D.C.