Reminder: Comment Period Open for DOT’s Proposed Accessible Lavatory Regulations for Single-Aisle Aircraft
February 7, 2020
Last month we reported that DOT had proposed an update to 14 C.F.R. Part 382 regarding accessible lavatories on single-aisle aircraft. Under the rule, starting three years after its effective date, new performance requirements would apply to accessible lavatory fixtures and onboard wheelchairs on newly-delivered single-aisle aircraft with 125 or more seats (or at least one lavatory on an existing aircraft of that size if lavatories are upgraded). The proposed rule would also require carriers to meet new annual training standards of flight attendant proficiency, publish information on their websites regarding lavatory accessibility, and provide information to passengers on procedures for safe disposal of sharps and bio-waste.
The Notice of Proposed Rulemaking (NPRM) was officially published in the Federal Register on January 2, 2020 (RIN No. 2105-AE88; Docket No. DOT-OST-2019-0180). Comments on the proposed standards are due by March 2, 2020. We encourage all carriers to familiarize themselves with these requirements and to let us know if we can assist with any questions or preparation of a public comment.
Relatedly, on January 7, 2020, the U.S. Government Accountability Office (GAO) published a report to Congress titled Aviation Consumer Protection: Few U.S. Aircraft Have Lavatories Designed to Accommodate Passengers with Reduced Mobility, GAO-20-258. The report was prepared pursuant to the 2018 FAA Reauthorization Act, which directed the GAO to study the availability and designs of lavatories on commercial aircraft and the ability of passengers with disabilities to access them. The report surveyed the fleets of large domestic air carriers and found, among other details, that while very few single-aisle aircraft in service have accessible lavatories, DOT has received relatively few formal complaints about lack of access.
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).
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