Nondiscrimination on the Basis of Disability in Air Travel; Accessibility of Aircraft and Stowage of Wheelchairs, 67918-67924 [2013-26743]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Rules and Regulations]
[Pages 67918-67924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26743]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. DOT-OST-2011-0098]
RIN 2105-AD87


Nondiscrimination on the Basis of Disability in Air Travel; 
Accessibility of Aircraft and Stowage of Wheelchairs

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Final rule.

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SUMMARY: The Department of Transportation is issuing a final rule to 
allow airlines to use the seat-strapping method (placing a wheelchair 
across a row of seats using a strap kit that complies with applicable 
Federal Aviation Administration or foreign government regulations on 
the stowage of cargo in the cabin compartment) to transport a 
passenger's manual folding wheelchair in the cabin of aircraft.

DATES: This rule is effective January 13, 2014.

FOR FURTHER INFORMATION CONTACT: Amna Arshad or Blane A. Workie, Office 
of the Assistant General Counsel for Aviation Enforcement and 
Proceedings, Department of Transportation, 1200 New Jersey Avenue SE., 
Washington, DC 20590, (202) 366-9342 (phone), 202-366-7152 (fax), 
amna.arshad@dot.gov or blane.workie@dot.gov (email). Arrangements to 
receive this notice in an alternative format may be made by contacting 
the above named individuals.

SUPPLEMENTARY INFORMATION: 

Background

    The Air Carrier Access Act (ACAA) prohibits discrimination by U.S. 
and foreign carriers against passengers with disabilities. (See 49 
U.S.C. 41705) Its implementing regulation, 14 CFR Part 382 (Part 382), 
contains detailed standards and requirements to ensure carriers provide 
nondiscriminatory service to passengers with disabilities. A 
requirement that U.S. carriers provide in-cabin space for a folding 
passenger wheelchair was originally adopted in 1990. (55 FR 8007.) At 
that time the Department's intention was that new aircraft would have a 
designated space (e.g., a closet or similar compartment) in which one 
passenger's wheelchair could be stowed. The practice of seat-strapping, 
placing a wheelchair across a row of seats using a strap kit that 
complies with applicable Federal Aviation Administration (FAA) or 
foreign government regulations on the stowage of cargo in the cabin 
compartment, was not authorized in the regulatory text or even 
mentioned in the original rulemaking. However, it was subsequently 
permitted under Department enforcement policy as an alternative to 
compliance with the regulation's requirement with respect to 
accommodating a passenger's manual folding wheelchair in the cabin on 
covered aircraft (aircraft with a design passenger seat capacity of 100 
or more seats that were ordered after April 5, 1990, or delivered after 
April 5, 1992). Whenever we reference passenger seating capacity in 
this or other economic or civil rights aviation rulemakings, we are 
referring to the manufacturer's designed seating capacity.
    Part 382 was updated on May 13, 2008, to cover foreign air 
carriers, among other things. (73 FR 27614.) The Department determined 
in the final rule issued in 2008 that it was best not to retain the 
seat-strapping policy in the new rule with respect to new aircraft 
(i.e., aircraft ordered after May 13, 2009, or delivered after May 13, 
2010), and required, consistent with the intent of the original 1990 
rule, that new aircraft be capable of accommodating a passenger's 
wheelchair in a priority stowage space in the cabin. See 14 CFR 
382.123(c). The Department made this decision because of concerns that 
seat-strapping: (1) Is an awkward way of transporting a wheelchair in 
the cabin; (2) can result in less timely stowage and return of the 
passenger's wheelchair; (3)

[[Page 67919]]

can be more conspicuous and bring unwanted attention to passengers with 
disabilities; (4) can more likely result in damage to the passenger's 
wheelchair; and (5) can result in last-minute surprise denials of 
service to other passengers holding confirmed tickets on full flights. 
Existing covered aircraft were not required to be retrofitted, however, 
and airlines could continue to use seat-strapping on those aircraft.
    Within six months of issuance of the May 13, 2008, final rule, the 
Department received two requests to continue the use of seat-strapping. 
The Department also received a request to stow a passenger's manual 
folding wheelchair in a designated cargo stowage space as an 
alternative to stowing the passenger's wheelchair in the cabin of 
aircraft. These requests were submitted pursuant to the ``equivalent 
alternative'' provision of the May 13, 2008, final rule, which allows 
carriers to request a determination that a carrier's policy, practice, 
or other accommodation provides substantially equivalent accessibility 
to passengers with disabilities, as compared with that provided under a 
specified provision of Part 382. (See 14 CFR 382.9.)
    The Department denied the two requests to continue the use of seat-
strapping because it was contrary to the explicit language of the rule 
and because a change in the substance of the rule must be addressed 
through rulemaking. (See Response to Application of JetBlue Airways 
Corp. for an Equivalent Alternative Determination from 14 CFR 
382.123(c), Docket DOT-OST-2008-0273-0063 (filed July 22, 2009); 
Response to Application of US Airways, Inc. for an Equivalent 
Alternative Determination from 14 CFR 382.123(c), Docket DOT-OST-2008-
0273-0064 (filed July 22, 2009).) The Department, however, granted a 
request to stow a passenger's manual folding wheelchair in a designated 
cargo stowage space as an alternative to stowing the wheelchair in the 
cabin, on a one-year trial basis, subject to numerous conditions to 
ensure the same or greater accessibility to persons with a disability. 
(See Response to Application of Aerovias Del Continente Americano S.A., 
for an Equivalent Alternative Determination from 14 CFR 382.67 and 14 
CFR 382.123, Docket DOT-OST-2008-0273-0101.) On June 3, 2011, the 
Department published a Notice of Proposed Rulemaking (NPRM) entitled 
``Nondiscrimination on the Basis of Disability in Air Travel; 
Accessibility of Aircraft and Stowage of Wheelchairs'' in the Federal 
Register. The Department announced in the NPRM that it was considering 
amending the rule addressing the stowage of wheelchairs in aircraft 
cabins. The Department sought comment on whether it should modify the 
provisions in the May 13, 2008, rule pertaining to the stowage of one 
passenger's manual folding wheelchair in the cabin of aircraft with 100 
or more passenger seats (Sec.  382.67) in order to allow the continued 
use of the seat-strapping method.
    In the NPRM, the Department asked a series of questions in the 
following broad categories to assist it in determining the impact of 
seat-strapping on passengers with a disability, other members of the 
traveling public, and carriers: (1) Potential stigmatization associated 
with the seat-strapping method and impact on other passengers that may 
result from the seat-strapping method; (2) compliance cost if the 
prohibition on the use of the seat-strapping method remains; (3) 
complaints relating to damage to wheelchairs or delay in the stowage 
and return and of a passenger's wheelchair; (4) training of carrier 
employees; (5) identification of priority space for assistive devices; 
(6) additional accommodations that may be required if the seat-
strapping method is permitted; and (7) other miscellaneous questions.
    The Department received fifteen comments in response to the NPRM. 
Of these, seven comments were from airlines, representing the views of 
Virgin Atlantic Airways, Spirit Airlines, JetBlue Airways, Virgin 
America, United Airlines, US Airways, and Societe Air France. One 
airline association, the Air Transport Association of America (now 
Airlines for America), submitted a comment. Disability organizations 
including Paralyzed Veterans of America and the Disability Rights 
Education and Defense Fund each submitted a comment. Finally, five 
individual consumers submitted comments. The Department has carefully 
reviewed and considered the comments received. The commenters' 
positions that are germane to the specific issues raised in the NPRM 
are set forth below, as is the Department's response.

Summary of Final Regulatory Analysis

    The final regulatory evaluation concludes that the monetized 
benefits of the final rule exceed its monetized costs, even without 
considering non-quantifiable benefits. This evaluation, outlined in the 
table below, finds that the expected net present value of the benefits 
of the rule over 20 years, at a 7% discount rate, will amount to $242 
million to $272 million.

------------------------------------------------------------------------
                                                      Present value
                                                        (millions)
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Total Quantified Benefits....  20 years, 7%      $243 to $273.
                                discounting.
Total Quantified Costs *.....  20 years, 7%      $0.6.
                                discounting.
Net Quantified Benefits......  20 years, 7%      $242 to $272.
                                discounting.
------------------------------------------------------------------------
* This rule will only impose monetary costs on carriers.

Information on additional benefits and costs for which quantitative 
estimates could not be developed is provided in the Regulatory Analysis 
and Notices section.

Comments and Responses

1. Potential Stigmatization and Impact on Other Passengers

Questions Posed in NPRM
    We asked whether there are concerns over potential stigmatization 
or embarrassment associated with the seat-strapping method, including 
how a passenger with a wheelchair might feel if he or she is made aware 
that other passengers might be denied boarding in order to accommodate 
the wheelchair in the cabin. We requested carriers to share what 
procedures are currently used to minimize potential stigmatization or 
embarrassment associated with the seat-strapping method. We also asked 
whether passengers had any other concerns associated with the use of 
the seat-strapping method such as increased likelihood of denied 
boardings and requested carriers provide information regarding the 
number of passengers denied boarding per year due to the use of the 
seat-strapping method.
Comments
    In general, the airlines and the Air Transport Association of 
America (ATA) favor the use of seat-strapping to stow a passenger 
wheelchair in the cabin of aircraft and state that it is a safe and

[[Page 67920]]

well-tested method of wheelchair stowage. Several airlines state that 
they receive very few onboard wheelchair requests and that it is 
extremely rare for seat-strapping to result in a denied boarding of 
another passenger. These commenters believe that the concern over 
potential stigmatization or embarrassment associated with the seat-
strapping method is unfounded and state that they have no complaints in 
their records from passengers to support this concern. Several airlines 
note that it has been their experience that some passengers are 
reassured by the visibility of their wheelchairs while seat-strapped in 
the cabin.
    Airlines additionally state that current procedures prevent 
stigmatization from happening as seat-strapping is done during the pre-
boarding process and the wheelchair is not identified with the 
passenger. Several airlines also state that they speak to passengers 
with disabilities in private and do not involve them in discussions 
with passengers that may be denied boarding. Spirit Airlines states 
that it blocks the row used for seat-strapping from advance seat 
assignment and it is only assigned at the airport after all other seats 
have been filled in order to minimize the possibility of moving or 
denying boarding to other customers and any potential stigmatization. 
According to the ATA, pre-boarding procedures, voluntary bumping, and 
blocked seating for in-cabin wheelchair requests are all procedures 
that can be implemented to minimize stigmatization and impact on other 
passengers. Virgin Atlantic Airways is the only airline that did not 
favor seat-strapping, as its current practice is to stow wheelchairs in 
designated closets in the cabin of the aircraft. It states that seat-
strapping would cause a rise in denied boarding situations resulting in 
inconvenience for other passengers.
    Individual commenters and disability associations oppose the seat-
strapping method and believe it is an awkward and unsafe method of 
transporting a wheelchair in the cabin. According to these commenters, 
the stigmatization of passengers who choose to have their wheelchair 
stowed in the cabin and the possibility of denied boardings are likely 
consequences of seat-strapping. They state that seat-strapping is done 
in front of all passengers, which would cause other passengers to 
complain about a wheelchair taking up two seats. One individual 
commenter shared an incident where he requested seat-strapping, which 
the airline did in the first row of the aircraft in front of all the 
passengers, and he overheard two passengers commenting on how rude he 
was for causing two individuals to be denied boarding. Another 
passenger shared a similar story where the airline reportedly made a 
scene of the seat-strapping while people were entering the aircraft, 
and another incident where she had requested to stow her wheelchair in 
the cabin and the airline told her the flight was full and that they 
had no closet. These commenters believe that a designated onboard 
stowage space would satisfy their ability to store their wheelchair 
safely without adversely impacting other passengers.
DOT Response
    Having fully considered the comments, the Department has decided to 
allow carriers to use the seat-strapping method to stow a passenger's 
manual folding wheelchair in the cabin of aircraft. Based on the 
comments received, the Department has concluded that the seat-strapping 
method is an acceptable alternative to a closet or similar stowage 
space for wheelchair stowage in the cabin because carriers can minimize 
any stigmatization and impact on other passengers by implementing 
alternative procedures such as voluntary bumping in exchange for 
compensation, allowing passengers with wheelchairs to pre-board, 
blocking seats to accommodate wheelchair stowage requests, and 
strapping the wheelchair to the seats during the pre-boarding process. 
The Department emphasizes that carriers must take specific well-defined 
measures such as these to ensure that the use of the seat-strapping 
method does not result in stigmatization or embarrassment of the 
passenger choosing to stow their wheelchair in the cabin.

2. Compliance Cost

Questions Posed in NPRM
    We asked about costs to carriers if prohibition on the use of the 
seat-strapping method continued and about any effects, other than cost, 
that the continued prohibition would have on carriers. We sought 
comment on the benefits to using the seat-strapping method, aside from 
cost savings to carriers, over the requirement to have a priority 
stowage space. We also requested information regarding any increased 
costs to carriers that would result from allowing the seat-strapping 
method.
Comments
    The airlines and the ATA are concerned about compliance cost if the 
prohibition on the use of the seat-strapping remains. These commenters 
state that in addition to the cost of adding an in-cabin closet or 
similar stowage space in each new aircraft, which ranges from $25,000 
to $75,000 per aircraft, the airlines would face millions of dollars of 
lost revenue over the life of each aircraft due to the permanent loss 
of a row of seats. These commenters state that a ban on seat-strapping 
would lead to fewer permanent seats for passengers, and they contend 
that seat-strapping would allow airlines to offer lower fares for 
consumers. According to these commenters, seat-strapping provides an 
equivalent alternative to a dedicated stowage space for a wheelchair in 
the cabin at a fraction of the cost.
    Virgin Atlantic states that it stows wheelchairs in designated 
closets in the cabin of the aircraft and that it would incur great 
expense if it were required to use the seat-strapping method, including 
the price to purchase and deploy seat-strapping kits, the cost of 
training crew on how to safely strap wheelchairs, training ground crew 
on how to ensure proper handling of denied boarding situations, and 
creating, printing and distributing materials such as procedures, 
notices and training manuals.
DOT Response
    Given that almost all the commenting carriers have stated that they 
have not received any passenger complaints against the seat-strapping 
method, and given the dearth of public comments against this method, 
the Department feels it would not be justified in burdening the 
carriers with the cost of a designated wheelchair stowage space in the 
cabin of their aircraft, particularly with respect to the permanent 
revenue loss from removing a row of seats. With proper safeguards, the 
Department believes seat-strapping can be an effective means of 
transporting wheelchairs.
    Virgin Atlantic's concern is misplaced. The Department is not 
requiring carriers to use the seat-strapping method; it is simply 
authorizing this procedure as an option. Virgin and all other carriers 
remain free to use a closet or similar space in the cabin to 
accommodate passenger wheelchairs if they choose. We note, however, 
that this final rule requires carriers to be able to stow two folding 
manual passenger wheelchairs on any covered aircraft, as opposed to the 
prior requirement to be able to stow one such chair, if the carrier 
chooses to use the seat-strapping method for wheelchair stowage and if 
stowing a second passenger wheelchair in the cabin would not displace 
additional passengers.

[[Page 67921]]

3. Complaints Regarding Damage to Wheelchairs and Timely Stowage and 
Return of a Passenger's Wheelchair

Questions Posed in NPRM
    We asked for commenters to share any concerns they have regarding 
damage to a wheelchair or less timely stowage and return of a 
wheelchair if the seat-strapping method is allowed. We also asked 
whether there were any complaints received regarding wheelchair damage 
from using the seat-strapping method or from stowing a wheelchair in a 
priority space in the cabin.
Comments
    According to the ATA and the airlines, complaints regarding damage 
to wheelchairs are extremely rare. Almost all of the airlines reported 
that they have no complaints related to in-cabin wheelchair stowage in 
their records. Additionally, according to the ATA, its members have no 
complaints in their records related to wheelchair damage as a result of 
seat-strapping. These commenters also state that seat-strapping does 
not result in less timely stowage or retrieval than if the wheelchair 
was stowed in a closet.
    Individual commenters and disability associations state that seat-
strapping can result in less timely stowage and return of the 
passenger's wheelchair. The Paralyzed Veterans of America (PVA) 
believes that it is likely that a carrier would place the wheelchair in 
the last row of seats, rather than the first, which could cause it to 
be the last item off the plane, and that a seat-strapped wheelchair is 
more susceptible to damage as it is exposed to other people, carry-on 
baggage, and food or beverage carts. Also, PVA states that the 
securement process itself could cause damage to the wheelchair if an 
employee is not properly trained in the procedure. These commenters 
believe that a designated closet space would resolve all of these 
concerns.
DOT Response
    The Department feels there is insufficient data to support the 
comments that assert that seat-strapping will result in damage to 
wheelchairs or increased incidents of denied boarding. We do not need 
to speculate about the potential impact of seat-strapping, as the 
process has been in use for more than ten years. According to the 
airlines, there are no passenger complaints in their records about 
wheelchair damage as a result of seat-strapping. The Department also 
has not received any complaints about wheelchair damage as a result of 
the use of the seat-strapping method. With respect to timely stowage 
and return, the Department has concluded that since a passenger's 
wheelchair is generally the last item an airline removes from the cabin 
(whether it is stowed in the closet or in the first or last row of the 
aircraft), a delay in stowage or return is unlikely. In addition, the 
Department has not received any complaints regarding untimely stowage 
or return of a passenger wheelchair as a result of the use of the seat-
strapping method.

4. Training

Questions Posed in NPRM
    We asked carriers how they currently ensure that their employees 
know that passengers can use the seat-strapping method to stow 
wheelchairs. We also asked whether the existing requirement for 
carriers to train their public contact employees to proficiency on the 
proper and safe operation of any equipment used to accommodate 
passengers with a disability is sufficient to ensure carrier employees 
know the proper manner in which to stow a wheelchair across a row of 
seats using a strap kit.
Comments
    According to the comments from the airlines and the ATA, carriers 
currently provide training to crewmembers, airport agents, and 
Complaint Resolution Officials (CROs--disability specialists) on the 
seat-strapping method, and include this method in various operation 
manuals. Instructions are also included with the seat-strapping kits. 
These commenters believe that the seat-strapping method is just as 
efficient as storing a wheelchair in a closet and state that this is 
supported by the fact that there are no complaints from passengers to 
support damage or delayed returns of wheelchairs as a result of seat-
strapping. One individual noted that she requested to have her 
wheelchair stowed in the cabin and it appeared to her that the airline 
representative she was interacting with was not trained to do it.
DOT Response
    The Department has considered all of the comments and emphasizes 
the importance in training airline personnel to ensure that passenger 
wheelchairs are handled in a safe and proper manner to avoid any 
damage. Given that airlines are responsible for any damage resulting 
from mishandling of the wheelchairs or improper stowage using the seat-
strapping method, the Department believes it is in the airlines' best 
interest to ensure proper training of their personnel in utilizing the 
seat-strapping method.

5. Identification of Priority Space for Stowage of Assistive Devices

Questions Posed in NPRM
    We asked whether the Department should require carriers to visually 
identify via a placard or other mechanism that wheelchairs, other 
mobility aids, and other assistive devices have priority for stowage in 
the cabin compartment over other items. We also inquired as to whether 
there was any benefit in requiring airlines to inform passengers of the 
location of the seats where a folding manual wheelchair may be stowed.
Comments
    The airlines and ATA believe that there are no benefits to 
identifying priority space for the stowage of assistive devices or 
informing passengers of the location of seats where a folding manual 
wheelchair may be stowed. They state that a placard or other visual 
identification would lead to further stigmatization or embarrassment of 
passengers who wish to stow their wheelchairs onboard the aircraft. 
Virgin Atlantic Airways notes that a placard is used to identify the 
location for the crew and it is not necessary for the passenger to know 
of the location as the passenger would be unable to retrieve their own 
wheelchair without assistance. The ATA notes that there is no benefit 
to informing the passengers of the location of the space as it may be 
different on various aircraft and may change due to inoperable seats, 
or an aircraft change may change the stowage location. However, the ATA 
states that if the Department adopts this requirement, it should limit 
it to information provided at the airport, since gate agents typically 
have this information on hand. JetBlue Airways states that it has found 
it beneficial to provide passengers with notice on its Web site that 
seats designated for passengers with disabilities are not available for 
assignment until the day of travel and that passengers who request to 
sit in the row designated for seat-strapping may be relocated if a 
passenger requests onboard stowage.
    In general, disability associations and individual commenters 
believe that carriers should visually identify the priority stowage 
space in the cabin in order to ensure that assistive devices have 
priority for stowage in the cabin compartment over other items. The PVA 
and an individual commenter state that visual identification of the 
priority stowage space will educate air carrier

[[Page 67922]]

and contract personnel as well as other passengers that the space is 
prioritized for passenger wheelchairs. Neither the disability 
associations nor the individual commenters addressed whether there was 
any benefit in requiring airlines to inform passengers of the location 
of seats where a folding manual wheelchair may be stowed via the seat-
strapping method.
DOT Response
    The Department has reviewed and carefully considered the comments 
regarding the identification of priority space for stowage of assistive 
devices. With regard to whether carriers should be required to inform 
passengers of the location of the seats where a folding manual 
wheelchair may be strapped, the Department agrees with commenters that 
placing a placard or other visual identification on such seats would be 
of limited benefit and could potentially have a stigmatizing effect on 
passengers. Accordingly, the Department will not require visual 
identification of the seats where the seat-strapping method of carrying 
wheelchairs is utilized.
    However, with regard to in-cabin closets, the Department is 
requiring carriers to visually identify via a placard or other 
mechanism that wheelchairs, other mobility aids, and other assistive 
devices must be stowed in this area with priority over other items, 
such as crew luggage. Travelers with disabilities have recounted 
stories of when airline personnel did not appear to know that their 
wheelchairs had priority for stowage in a closet over other items 
brought onto the aircraft by other passengers or crew enplaning at the 
same airport. Visual identification of the stowage space is expected to 
increase the likelihood that a passenger's wheelchair or other 
assistive device will be transported in the in-cabin closet where it is 
much less likely to be damaged during transport. Accordingly, the 
Department believes that there are important benefits derived from 
requiring airlines to visually identify that assistive devices have 
priority in the closet.

6. Additional Accommodations if Seat Strapping Method Is Allowed

Questions Posed in NPRM
    We inquired whether the current dimensions of a wheelchair that 
must fit without disassembly in the priority space should be increased 
if the Department allows the use of the seat-strapping method, and if 
so, what those dimensions should be. We also asked if carriers should 
be required to accommodate more than one wheelchair in the passenger 
cabin when the stowage of additional wheelchairs would not displace 
other passengers.
Comments
    The airlines and the ATA believe that the current dimensions (13 
inches by 36 inches by 42 inches or less) of a wheelchair that must fit 
without disassembly in the priority space should not be increased as 
these dimensions meet the needs of passengers and can readily be 
accommodated by seat-strapping. Virgin Atlantic Airways states that any 
larger size should only be required for wheelchairs that are seat-
strapped, as the stowage closets are designed for the current 
dimensions.
    The airlines and the ATA believe that accommodating more than one 
wheelchair is not necessary and should not be required. Airlines state 
that onboard stowage of wheelchairs is not common enough that it is 
necessary to require carriers to accommodate two passenger chairs. They 
note that requiring them to accommodate more than one wheelchair would 
necessitate additional seat-strapping kits and disrupt more passengers. 
The airlines further state that they should have the option to 
accommodate more wheelchairs if there is room in the cabin, but that it 
should not be a requirement.
DOT Response
    Based on the comments received, the Department does not see a need 
to change the dimensions of a wheelchair that must fit without 
disassembly in the priority space. However, the Department has decided 
to require carriers to accommodate one more folding wheelchair in the 
passenger cabin if the carrier uses the seat-strapping method for 
wheelchair stowage and if accommodating a second passenger wheelchair 
in the cabin would not displace other passengers. The Department 
believes that carriers choosing to use the seat-strapping method do not 
have the space constraints that carriers with an in-cabin closet have 
and would be able to accommodate a second wheelchair as long as it 
would not displace other passengers, thereby benefitting consumers at 
minimal to no cost. Carriers may choose to stow both wheelchairs in a 
single row of seats in a method accepted by the Federal Aviation 
Administration or applicable foreign government. The requirement to 
ensure that there is a priority space for at least two wheelchairs only 
applies to new aircraft (aircraft ordered after May 13, 2009, or 
delivered after May 13, 2010).

7. Other

Questions Posed in NPRM
    We asked for comments on whether the Department should prohibit or 
allow U.S. and foreign carriers to remove existing closets or other 
priority spaces used for stowing a passenger's wheelchair in the cabins 
of aircraft covered by Part 382. We also asked whether the Department 
should allow the use of the seat-strapping method only on single-aisle 
aircraft on the basis that there is sufficient space for a closet or 
other priority stowage space on twin-aisle aircraft. We requested 
commenters to provide any information or data that are relevant to the 
Department's decision.
Comments
    One individual commenter contended that it is reasonable to require 
airlines to carry two wheelchairs in the cabin of twin-aisle aircraft. 
According to two individual commenters, the Department should prohibit 
carriers from removing existing closets or other priority stowage 
spaces. According to the ATA, the Department should allow the removal 
of the closet space as long as the carrier has other areas to stow 
other devices and also allow seat-strapping for both single and twin-
aisle aircraft. JetBlue Airways states that the Department should not 
distinguish between single and twin-aisle aircraft and that the 
decision to seat-strap or stow in closets should remain with the 
carriers.
DOT Response
    After considering the comments, the Department sees no compelling 
reason to limit carriers' options with respect to stowing passengers' 
wheelchairs in the cabin and has decided to allow carriers to decide 
whether to remove existing closets or other priority spaces currently 
used for stowing a passenger's wheelchair in the cabin as long as the 
carrier has a workable, approved method for in-cabin wheelchair 
stowage. Additionally, the Department has decided not to distinguish 
between single-aisle and twin-aisle aircraft and has concluded that the 
seat-strapping method is suitable for use in both types of aircraft.

Regulatory Analysis and Notices

A. Executive Order 12866 (Regulatory Planning and Review), DOT 
Regulatory Policies and Procedures, and Executive Order 13563 
(Improving Regulation and Regulatory Review)

    This action has been determined to be significant under Executive 
Order 12866 and the Department of Transportation's Regulatory Policies 
and Procedures. It

[[Page 67923]]

has been reviewed by the Office of Management and Budget in accordance 
with Executive Order 12866 (Regulatory Planning and Review) and 
Executive Order 13563 (Improving Regulation and Regulatory Review) and 
is consistent with the requirements in both orders. Executive Order 
13563 refers to non-quantifiable values, including equity and fairness.
    The Final Regulatory Evaluation estimates that the final rule will 
impose a maximum one-time potential cost of compliance of $0.6 million 
present value over the next 20 years. This cost estimate represents the 
use of a worst-case approach that assumes a second seat-strapping kit 
will be used on all impacted aircraft as the result of carriers' 
adoption of the seat-strapping method as an alternative to permanent 
wheelchair stowage. The worst-case approach was used because the 
approach most likely resulting in lower potential cost estimates of 
extra or second seat-strapping kits is difficult to quantify monetarily 
due a multitude of uncertain factors (e.g., the frequency of requests 
for wheelchairs by passengers with disabilities on airlines, the 
frequency of full airline flights when wheelchair requests are made, 
the number of extra seat-strapping kits needed as standbys per airline 
flight). Additionally, this final rule requires carriers to label 
priority stowage space in their cabins. The total estimated cost of 
compliance with this part of the rule is expected to be minimal with 
the total discounted cost ranging from $15,700 to $21,400 between 2014 
and 2033.
    On balance, any costs incurred by carriers over the next 20 years 
for extra seat-strapping kits or for labeling priority stowage areas 
are expected to have an insignificant impact on the total potential 
benefits of the rule. Specifically, the benefits of allowing carriers 
to use seat-strapping will likely result in a total net revenue gain 
over a 20-year period of $242-$272 million present value. This 
represents revenue derived from seats that will not have to be removed 
in order to make space for a permanent wheelchair stowage area. There 
are also benefits with regard to the requirement that carriers identify 
the in-cabin priority stowage space such as ensuring that other 
passengers and/or airline employees know that manual wheelchairs and 
other assistive devices have priority in the in-cabin closets of 
aircraft over other carry-on items or crew luggage and increasing the 
likelihood that manual wheelchairs and other assistive devices will be 
transported in the cabin rather than in the cargo compartment.
    The rule is also expected to generate additional benefits to 
passengers with disabilities as a result of the second wheelchair 
requirement. A second wheelchair requirement would provide an 
additional passenger who may prefer in-cabin stowage for various 
reasons (for example, to avoid the possibility of damage occurring to 
the wheelchair in the cargo compartment or for a sense of reassurance 
by the visibility of his or her wheelchair) the opportunity to be able 
to request it as long as it would not displace other passengers. The 
potential benefits of a second wheelchair requirement are difficult to 
quantify monetarily because of a multitude of uncertain factors similar 
to those described previously for estimating potentially lower costs of 
extra seat-strapping kits. Although not used in this evaluation because 
of the lack of information, it is reasonable to assume carriers will 
only purchase the number of extra seat-strapping kits in accordance 
with their projected demand for more than one wheelchair on flights. A 
copy of the Final Regulatory Evaluation has been placed in the docket.

B. Executive Order 13132 (Federalism)

    This Final Rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not include any provision that: (1) Has substantial 
direct effects on the States, the relationship between the national 
government and the States, or the distribution of power and 
responsibilities among the various levels of government; (2) imposes 
substantial direct compliance costs on State and local governments; or 
(3) preempts State law. States are already preempted from regulating in 
this area by the Airline Deregulation Act, 49 U.S.C. 41713. Therefore, 
the consultation and funding requirements of Executive Order 13132 do 
not apply.

C. Executive Order 13084

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
Tribal governments or impose substantial direct compliance costs on 
them, the funding and consultation requirements of Executive Order 
13084 do not apply.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
I hereby certify that this final rule will not have a significant 
economic impact on a substantial number of small entities. A direct air 
carrier or a foreign air carrier is a small business if it provides air 
transportation only with small aircraft (i.e., aircraft designed to 
have a maximum passenger capacity of not more than 60 seats or a 
maximum payload capacity of not more than 18,000 pounds). See 14 CFR 
399.73. The subject matter of this rule only affects aircraft with 100 
or more passenger seats. Therefore, this requirement does not apply to 
small businesses.

E. Paperwork Reduction Act

    This rule imposes no new information reporting or record keeping 
necessitating clearance by the Office of Management and Budget.

F. Unfunded Mandates Reform Act

    The Department has determined that the requirements of Title II of 
the Unfunded Mandates Reform Act of 1995 do not apply to this rule.

    Issued this November 1, 2013, in Washington, DC
Anthony R. Foxx,
Secretary of Transportation.

List of Subjects in 14 CFR Part 382

    Air carriers, Civil rights, and Individuals with disabilities.

    For the reasons set forth in the preamble, the Department is 
amending 14 CFR Part 382, as follows:

PART 382-NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL

0
1. The authority citation for part 382 continues to read as follows:

    Authority: 49 U.S.C. 41705.


0
2. Section 382.67 is revised to read as follows:


Sec.  382.67  What is the requirement for priority space in the cabin 
to store passengers' wheelchairs?

    (a) As a carrier, you must ensure that there is priority space 
(i.e., a closet, or a row of seats where a wheelchair may be strapped 
using a strap kit that complies with applicable Federal Aviation 
Administration or applicable foreign government regulations on the 
stowage of cargo in the cabin compartment) in the cabin of sufficient 
size to stow at least one typical adult-sized folding, collapsible, or 
break-

[[Page 67924]]

down manual passenger wheelchair, the dimensions of which are 13 inches 
by 36 inches by 42 inches or less without having to remove the wheels 
or otherwise disassemble it. This section applies to any aircraft with 
100 or more passenger seats and this space must be other than the 
overhead compartments and under-seat spaces routinely used for 
passengers' carry-on items.
    (b) If you are a carrier that uses the seat-strapping method to 
stow a manual passenger wheelchair, you must ensure that there is 
priority space for at least two such wheelchairs, if stowing the second 
passenger wheelchair would not displace passengers.
    (c) If you are a carrier that uses a closet as the priority space 
to stow a manual passenger wheelchair, you must install a sign or 
placard prominently on the closet indicating that such wheelchairs and 
other assistive devices are to be stowed in this area with priority 
over other items brought onto the aircraft by other passengers or crew, 
including crew luggage, as set forth in Sec.  382.123.
    (d) If passengers holding confirmed reservations are not able to 
travel on a flight because their seats are being used to stow a 
passenger's wheelchair as required by paragraph (a) of this section, 
carriers must compensate those passengers in an amount to be calculated 
as provided for in instances of involuntary denied boarding under 14 
CFR part 250, where part 250 applies.
    (e) As a carrier, you must never request or suggest that a 
passenger not stow his or her wheelchair in the cabin to accommodate 
other passengers (e.g., informing a passenger that stowing his or her 
wheelchair in the cabin will require other passengers to be removed 
from the flight), or for any other non-safety related reason (e.g., 
that it is easier for the carrier if the wheelchair is stowed in the 
cargo compartment).
    (f) As a carrier, you must offer pre-boarding to a passenger 
stowing his or her wheelchair in the cabin.
    (g) As a foreign carrier, you must meet the requirement of this 
section for new aircraft ordered after May 13, 2009, or delivered after 
May 13, 2010. As a U.S. carrier, this section applies to you with 
respect to new aircraft you operate that were ordered after April 5, 
1990, or which were delivered after April 5, 1992.


Sec.  382.123  [Amended]

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3. In Sec.  382.123, paragraph (c) is removed.
[FR Doc. 2013-26743 Filed 11-7-13; 4:15 pm]
BILLING CODE P