TRUMP ADMINISTRATION ISSUES DOT REGULATORY AGENDA FOR 2017

August 7, 2017

On July 20, 2017, the Trump Administration issued its first unified regulatory agenda for departments and agencies throughout the federal government, including DOT.  The DOT agenda provides guidance on which regulations the Department will work on during the current year.  As with any regulatory initiative, Congressional action may impact the Administration’s agenda as some regulations are required by Congressional mandates.

The following rules are expected to be addressed in 2017:

  • Accessible In-Flight Entertainment and Accessible Lavatories on Single-Aisle Aircraft 

Both of these issues have been discussed at length in past versions of this update, and are the result of last year’s RegNeg proceeding, which brought together stakeholders from the industry, manufacturers, advocacy groups, and DOT to discuss these and other disability-related issues.

The new rulemaking would address whether carriers should be required to ensure that the same in-flight entertainment available to all passengers is accessible to passengers with disabilities.  Under a new regulation certain content displayed on aircraft IFE systems would be captioned to provide access to deaf and hard of hearing passengers.

Second, the rulemaking would consider whether carriers should be required to provide accessible lavatories on certain new single aisle aircraft.  This would likely involve a requirement that airlines take a number of steps to improve the accessibility of these lavatories within three years after the effective date of the rule but will not be required to increase their size. 

  • Modernizing Payment of Denied Boarding Compensation

If implemented, this rulemaking would increase flexibility for airlines by amending 14 C.F.R. Part 250 to allow airlines to use prepaid or stored value cards, or other equivalent electronic payment media, in lieu of check or cash payment to compensate passengers who are denied boarding involuntarily due to oversales.

  •  Improving Accuracy of Flight Cancellation Reporting 

This rule would revise the process through which flight cancellations are reported to DOT, so as to eliminate from reports all technical cancellations (the cause of the cancellation or delay was due to circumstances within the airline’s control, like maintenance or crew problems, aircraft cleaning, baggage loading, fueling, etc.) of code-share flights as reported by a marketing carrier when a flight was scheduled to be operated by one code-share partner of the reporting carrier but was actually operated by another codeshare partner.  This change would ensure that a marketing (i.e. non-metal) carrier does not have to report a cancelled flight to the Department in situations when a flight number, operating carrier, or aircraft changes, but the flight still operates according to its published schedule.

  • Revisions to Denied Boarding Compensation, Domestic Baggage Liability Limits 

This rule would implement inflation adjustments to the maximum Denied Boarding Compensation and Domestic Baggage Liability Limits as required by the respective rules. Specifically, this final rule would raise the maximum denied boarding compensation amounts that have been in effect since August 2015.   In accordance with 14 C.F.R. § 254.6, this final rule would also raise the minimum liability limit air carriers may impose for mishandled baggage in domestic air transportation.  The new figures have not yet been released by DOT.  Currently, the maximum denied boarding compensation is $1,350. The limit on mishandled baggage in domestic air transportation is currently $2,750 per occurrence.

The Trump Administration Regulatory plan for 2017 has suspended or deferred action indefinitely on the following DOT-related issues:

  •    Carrier-Supplied Medical Oxygen, Service Request Reporting, and Seating Accommodations with Extra Legroom
  •    Use of Mobile Wireless Devices for Voice Calls on Aircraft
  •    Reporting Ancillary Airline Passenger Revenues
  •    Refunding Baggage Fees for Delayed Checked Bags
  •    Transparency of Airline Ancillary Service Fees
  •    Air Transportation Consumer Protection Requirements for Ticket Agents
  •    Traveling by Air with Service Animals

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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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member-in-Charge - Washington, D.C.

See full bio