14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)

Information for Passengers

The Foreign Carriers NPRM proposed that, similar to the current rule, carriers would have to make certain information available to passengers with disabilities upon request concerning the accommodations that were available to them for a particular flight. This includes the location of seats with a movable armrest as well as seats (e.g., those in an exit row) that are not available to passengers with a disability. It also includes information about any service limitation as well as the ability of an aircraft to accommodate people with disabilities (e.g., limitations on boarding assistance, limitations on storage areas for mobility aids, presence or absence of an accessible lavatory). The Foreign Carriers NPRM recognized that there were circumstances (e.g., change of aircraft because of weather or mechanical problems) that could affect the accuracy of information provided at the time a passenger made a reservation.

Disability community comments supported these proposals, which did not propose significant substantive changes from the provisions of the ACAA that have been in effect since 1990. Some carrier comments objected to the provision to identify seats with movable armrests, saying that, given the variety of cabin configurations and aircraft, it would be too hard and too expensive to be able to know where these seats are located.

The final rule does not mandate that carriers reconfigure cabins on all aircraft in order to meet this requirement, as some commenters mistakenly appeared to conclude. Rather, carriers would provide the best information available at the time a passenger made a reservation or inquiry. If the location of movable armrest seats on the aircraft actually providing the flight did not match the information previously provided to the passenger, gate and flight crew personnel could modify the passenger’s seating assignment prior to or at the time of boarding in order to ensure that the passenger could transfer to a seat with a movable armrest.

A carrier could make the necessary information about seating configurations of each aircraft available to its personnel for this purpose, noting locations of movable armrest seats. We note that there are at least two commercial web sites that make detailed information on characteristics of each seat of each configuration of most carriers’ various aircraft models publicly available. While these sites do not include information on movable armrests, the detailed information they make available (e.g., the location of seats that have sockets available to plug in laptops) suggests that doing so would not pose an insurmountable technical problem. Carriers that found a computer-based system too challenging could use a low-cost, low-tech means of identifying the movable armrest seats for gate and flight crew personnel, such as placing unobtrusive stickers on the seats or a photocopied seating chart that flight attendants and gate agents could use.

Another proposal carried over from the existing rule into the Foreign Carriers NPRM would require carriers to make a copy of Part 382 available at all the airports that they serve (for flights to the U.S., in the case of foreign airports). The Department sought further comment on this matter in the DHH NPRM. We also proposed to require all carriers to give passengers information on how to obtain both a copy of Part 382 in an accessible format and disability-related assistance from the Department (i.e., via the Disability Hotline or directly from the Aviation Consumer Protection Division). We solicited comment on our proposals and on the potential costs to carriers and benefits to passengers of a requirement that carriers have copies of Part 382 in accessible formats available at all airports involved in service to, from, or within the U.S.

A few disability community comments said that the rule should specify that the document be made available in other accessible formats as well as hard copy. Some foreign carrier comments objected to making copies of a U.S. regulation available, though others did not. Most foreign carriers, however, opposed any requirement that they have copies of Part 382 available at airports in accessible formats as unreasonably burdensome and of little practical use to passengers who are not already aware of this regulation. Some foreign carriers objected to being required to have a copy of Part 382 at the foreign airports from which they fly to the U.S., on the grounds that the foreign jurisdictions have their own disability-related requirements for carriers serving them. Virtually all of them took the position that any passenger desiring a copy of Part 382 in an accessible format should obtain it from this Department rather than from a carrier. Some suggested that passengers should be made aware of Part 382 and its availability from the Department at the time of booking or at some other point before they actually go to the airport. One foreign carrier did not object to having a copy of Part 382 available at airports in its home country from which it flies to the U.S., but it did object to any requirement that it also have copies available at third-country airports that could be the U.S. passenger’s origin or final destination. Another made a similar argument concerning airports that are endpoints of flights operated on a codeshare basis with a U.S. carrier.

While we agree that carriers should make a print copy of the rule available, so that passengers can refer to it to assist them in resolving any problems that arise at the airport, the final rule will not require copies to be made available in other accessible formats, or in languages other than English. We also will not adopt the proposed requirement in §382.45 that carriers provide information on the Department’s Disability Hotline service or its Aviation Consumer Protection Division to passengers with disability-related complaints or concerns. Such a requirement is not necessary here, as other sections of the rule require carriers to tell passengers of their right to contact the Department as part of the resolution of complaints (see 14 CFR §§382.153, 382.155). We agree with those commenters who suggest that access to Part 382 is most useful to consumers before they reach the airport. We are therefore requiring carriers to include notice on their websites that consumers can obtain a copy of Part 382 in accessible format from the Department and information on how this may be done. The performance requirement that carriers effectively communicate with passengers – which carriers can meet in a variety of ways – should be sufficient to ensure that passengers can use the regulatory information. Making a copy of the regulations available in an airport, for the cost of a photocopy, should not unduly burden carriers.

Probably the most important proposal in this portion of the NPRM would require carriers and their agents to make their web sites accessible to people with vision impairments and other disabilities. Web sites are an increasingly important way in which passengers get information about airline service and make reservations. Some carriers make discounts available to web site users, or charge extra fees to persons who make reservations by other means. Disability community commenters strongly supported the proposed requirements. Many carriers and carrier organizations opposed it, primarily on the ground that it would be too difficult and expensive to accomplish. Many of these comments said the Department had underestimated the cost of web site accessibility.

The Department continues to believe that web site accessibility is extremely important to nondiscriminatory access to air travel for people with disabilities, and we note that many existing carrier web sites provide a degree of accessibility. However, in order to obtain additional information about the costs and any technical issues involved, the Department is deferring final action on this proposal and seeking additional comment in the SNPRM that we are planning to issue. The preamble to the SNPRM will discuss comments on web site accessibility and the issues they raise in greater detail. In the meantime, in order to comply with the general nondiscrimination requirement of Part 382, carriers will be prohibited from charging fees, or not making web fare discounts available, to passengers with disabilities who cannot use inaccessible web sites and therefore must make phone or in-person reservations.