14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble

Executive Summary

The purpose of this rulemaking is to ensure that passengers with disabilities have equal access to the same air travel-related information and services that are available to passengers without disabilities through airline Web sites and airport kiosks. In the Department's view, equal access means that passengers with disabilities can obtain the same information and services on airline Web sites and airport kiosks as conveniently and independently as passengers without disabilities. We expect this rulemaking to be a major step toward ending unequal access in air transportation for people with disabilities resulting from inaccessible carrier Web sites and airport kiosks.

Today, individuals with disabilities often cannot use an airline's Web site because it is not accessible. There are many disadvantages to not being able to do so even with the existing prohibition on airlines charging fees to passengers with disabilities for telephone or in-person reservations, or not making web fare discounts available to passengers with disabilities who cannot use inaccessible Web sites. For example, the cheapest prices for air fares and ancillary services are almost always on the airline's Web site. As a practical matter, the cheapest fares may not be made available to many consumers with disabilities who book by phone or in person as they may be unaware of their right to ask for the Web fare discounts. A few airlines also do not have telephone reservation operations or ticket offices, making it particularly difficult for passengers with disabilities to purchase tickets from them. Inaccessible Web sites also prevent persons with disabilities from checking out many airlines' fares online for the best price before making a choice, booking an online reservation any time of day or night, or avoiding long wait times associated with making telephone reservations. Many also can't always take advantage of checking-in early online to save time as passengers without disabilities can. The reality is that some people with disabilities currently lack access to most, if not all, of the information and services on certain carriers' Web sites that are available to their non-disabled counterparts.

As for airport kiosks, many passengers today use airport kiosks when arriving at the airport to finalize their travel preparations, whether scanning a passport to check in, printing a boarding pass, cancelling/rebooking a ticket, or printing baggage tags. The convenience of airport kiosks simplifies the airport experience of countless travelers as they independently conduct the necessary transactions and head to their departure gates. For many passengers with disabilities who are otherwise self-sufficient, using an airport kiosk can only be done with assistance from others. In many instances, passengers who cannot use a kiosk due to a disability are simply directed to a line at the ticket counter where they receive expedited service from an agent. This is not a good solution as it denies travelers with disabilities their rights to function independently and excludes them from the advantages other air travelers enjoy in using kiosks.

The legal authority for the Department's regulatory action affecting 14 CFR part 382 is 49 U.S.C. 41702, 41705, 41712, and 41310. Our legal authority for regulatory action affecting 49 CFR part 27 is Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Below is a summary of the major provisions of this regulatory action.

Summary of Major Provisions