DOT RELEASES NOTICE OF INTENT TO CONVENE NEGOTIATED RULEMAKING COMMITTEE TO AMEND DISABILITY REGULATIONS

May 9, 2016

On April 7, 2016, DOT released a Notice of Intent (NOI) to establish an Accessible Air Transportation Advisory Committee (ACCESS) as part of a Negotiated Rulemaking to amend DOT rules concerning Nondiscrimination on the Basis of Disability in Air Travel. The ACCESS Committee will address three primary issues: (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. Applications to fill twenty-five spots on the ACCESS Committee were due on April 21, 2016 and a roster of applicants selected to serve on the Committee is expected to be announced this month by DOT.

Numerous comments were filed in the response to the NOI. These included remarks from Airlines For America (A4A) and the International Air Transport Association (IATA), both of which disagreed with DOT’s proposal for the size and scope of the ACCESS Committee. A4A and IATA proposed resizing the Committee so that the number of consumer advocate and disability association representatives is more in line with the number of industry and carrier representatives directly affected by the proposed rulemaking. A4A also advocated for the relegation of IFE experts, aircraft manufacturers, and charter representatives to technical working groups instead of to the full ACCESS Committee.

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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