Nondiscrimination on the Basis of Disability in Air Travel; Consideration of Negotiated Rulemaking Process, 75953-75955 [2015-30764]
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Proposed Rules
proposed AD to U.S. operators to be
$2,110,295.
■
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska to the extent that it justifies
making a regulatory distinction, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
jstallworth on DSK7TPTVN1PROD with PROPOSALS
maintenance does not constitute an engine
shop visit.
PART 39—AIRWORTHINESS
DIRECTIVES
Authority for This Rulemaking
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
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15:17 Dec 04, 2015
Jkt 238001
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
General Electric Company: Docket No. FAA–
2015–4344; Directorate Identifier 2015–
NE–32–AD.
(a) Comments Due Date
We must receive comments by February 5,
2016.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all General Electric
Company (GE) CF6–80C2 and CF6–80E1
turbofan engines.
(d) Unsafe Condition
This AD was prompted by reports of a
burn-through of the accessory heat shield
during an accessory compartment fire leading
to an engine fire. We are issuing this AD to
prevent high-temperature gas ingestion into
the accessory compartment, engine fire, and
damage to the airplane.
(e) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(1) For CF6–80C2 engines, at the next
engine shop visit after the effective date of
this AD, remove from service the accessory
heat shield assembly. Use Table 1 of GE
Service Bulletin (SB) No. CF6–80C2 S/B 72–
1520, dated September 22, 2015 to identify
the part numbers (P/Ns) that require removal
from service. Install an accessory heat shield
assembly eligible for installation.
(2) For CF6–80E1 engines, at the next
engine shop visit after the effective date of
this AD, remove from service the accessory
heat shield assembly. Use Table 1 of GE SB
No. CF6–80E1 S/B 72–0525, dated September
22, 2015 to identify the P/Ns that require
removal from service. Install an accessory
heat shield assembly eligible for installation.
(f) Installation Prohibition
After the effective date of this AD, do not
install any accessory heat shield assembly
with a P/N listed in Table 1 of GE SB No.
CF6–80C2 S/B 72–1520, dated September 22,
2015 or Table 1 of GE SB No. CF6–80E1 S/
B 72–0525, dated September 22, 2015, into
any engine.
(g) Definition
For the purpose of this AD, an engine shop
visit is defined as the induction of an engine
into the shop for maintenance involving the
separation of pairs of major mating engine
flanges, except that the separation of engine
flanges solely for the purposes of
transportation without subsequent engine
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75953
(h) Alternative Methods of Compliance
(AMOCs)
The Manager, Engine Certification Office,
FAA, may approve AMOCs to this AD. Use
the procedures found in 14 CFR 39.19 to
make your request. You may email your
request to: ANE-AD-AMOC@faa.gov.
(i) Related Information
(1) For more information about this AD,
contact Herman Mak, Aerospace Engineer,
Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
phone: 781–238–7147; fax: 781–238–7199;
email: herman.mak@faa.gov.
(2) GE SB No. CF6–80C2 S/B 72–1520,
dated September 22, 2015; GE SB No. CF6–
80C2 S/B 72–1523, dated September 22,
2015; and GE SB No. CF6–80E1 S/B 72–0525,
dated September 22, 2015 can be obtained
from GE using the contact information in
paragraph (i)(3) of this proposed AD.
(3) For service information identified in
this proposed AD, contact General Electric
Company, GE Aviation, Room 285, 1
Neumann Way, Cincinnati, OH 45215;
phone: 513–552–3272; email:
aviation.fleetsupport@ge.com.
(4) You may view this service information
at the FAA, Engine & Propeller Directorate,
12 New England Executive Park, Burlington,
MA. For information on the availability of
this material at the FAA, call 781–238–7125.
Issued in Burlington, Massachusetts, on
November 25, 2015.
Colleen M. D’Alessandro,
Directorate Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2015–30716 Filed 12–4–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. DOT–OST–2015–0246]
RIN 2105–AE12
Nondiscrimination on the Basis of
Disability in Air Travel; Consideration
of Negotiated Rulemaking Process
Office of the Secretary,
Department of Transportation.
ACTION: Notice of intent.
AGENCY:
The Department of
Transportation (‘‘Department’’ or
‘‘DOT’’) announces that it is exploring
the feasibility of conducting a
negotiated rulemaking (Reg Neg)
concerning accommodations for air
travelers with disabilities addressing
inflight entertainment, supplemental
medical oxygen, service animals,
accessible lavatories on single-aisle
SUMMARY:
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07DEP1
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75954
Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Proposed Rules
aircraft, seating accommodations, and
carrier reporting of disability service
requests. The Department has hired a
convener to speak with interested
parties about the feasibility of
conducting this Reg Neg. The
Department anticipates that the
interested parties may include disability
advocacy organizations, airlines,
airports, airline vendors providing
wheelchair assistance, aircraft
manufacturers, IFE system
manufacturers, movie studios, other IFE
content providers, service animal
training organizations, and other
Federal agencies that have a regulatory
interest in these issues such as the
Department of Justice, the Federal
Communications Commission, and the
United States Access Board.
DATES: Please submit your comments no
later than January 6, 2016.
ADDRESSES: You may submit comments
identified by docket number DOT–OST–
2015–0246 using any one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: 202–493–2251.
• Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Ave. SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: If
you have questions about the regulatory
negotiation, you may contact Kathleen
Blank Riether, Senior Attorney, Office of
the Aviation Enforcement and
Proceedings, U.S. Department of
Transportation, by email at
kathleen.blankriether@dot.gov or by
telephone at 202–366–9342. To obtain a
copy of this notice in an accessible
format, you may also contact Kathleen
Blank Riether.
SUPPLEMENTARY INFORMATION: Congress
enacted the Air Carrier Access Act
(ACAA) in 1986. It prohibited
discrimination in airline service on the
basis of disability by U.S. air carriers. In
1990, following a lengthy rulemaking
process that included a regulatory
negotiation involving representatives of
the airline industry and disability
community, the Department issued a
final ACAA rule. In 2000, Congress
amended the ACAA to specifically
include foreign air carriers. The ACAA
now prohibits U.S. and foreign air
carriers from discriminating against
individuals on the basis of disability in
air travel. In 2008, the Department
revised its disability regulation to,
among other things, apply its rule to
foreign carriers and add new protections
for passengers who use portable oxygen
concentrators and passengers who are
VerDate Sep<11>2014
15:17 Dec 04, 2015
Jkt 238001
deaf or hard of hearing. See 73 FR 27614
(May 13, 2008), effective May 13, 2009.
In the preamble to the 2008 final rule,
the Department explained that it had
deferred final decisions regarding a
number of proposed requirements and
expressed its intent to issue a
Supplemental Notice of Proposed
Rulemaking (SNPRM) seeking
additional public input on carriersupplied in-flight medical oxygen,
transport of service animals, in-flight
entertainment, and accessible kiosks
and Web sites. The Department also
announced its intent to carefully
monitor ongoing developments with
respect to lavatory accessibility on
single aisle aircraft during longer flights
to determine if a future rulemaking
proposal may be warranted. See 73 FR
27614 (May 13, 2008). In September
2011, the Department issued an SNPRM
on airline Web sites and automated
airport kiosks. See 76 FR 59307
(September 26, 2011). The proceeding
culminated in a final rule mandating
that airline Web sites and automated
airport kiosks be accessible by specific
dates. See 78 FR 67882 (November 12,
2013). The Department is now planning
to address in-flight medical oxygen,
transport of service animals and inflight entertainment.
Additionally, since the issuance of the
2008 final rule, the Department has
become aware of other difficulties
individuals with disabilities are having
in accessing the air travel system. For
example, airlines and disability
organizations 1 have raised concerns
with the Department of passengers
falsely claiming that their pets are
service animals. These groups have also
pointed out the inconsistency between
the Department of Justice definition of
a service animal and the Department of
Transportation’s definition of a service
animal. Separately, the Department has
noted the industry trend toward greater
use of single aisle aircraft that are not
equipped with accessible lavatories on
medium and long haul flights. The
disability community has also expressed
distress that single aisle aircraft are
increasingly used by airlines for longer
flights but lack accessible lavatories.
Issues have also been raised about
whether premium economy is a
different class of service from standard
economy as airlines are required to
provide seating accommodations to
passengers with disabilities within the
same class of service. Extra legroom is
a standard feature of premium economy,
with some carriers providing premium
1 See
DOT–OST–2009–0093–0001, Psychiatric
Service Dog Society Petition for Rulemaking (April
13, 2009).
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
economy passengers amenities in
addition to the standard economy class
services. Various disability
organizations have reported to the
Department that their members are
unable to obtain bulkhead seating while
traveling with a service animal as the
bulkhead seats are now primarily
located in what has been designated by
airlines as the premium economy
section. The Department has also
received a petition for rulemaking to
modify the existing seating
accommodations requirement for
passengers who need extra legroom.2
The Department is exploring the
feasibility of conducting a negotiated
rulemaking on the remaining issues that
it deferred final action on in its 2008
final rule as well as the issues described
above that have arisen since its 2008
final rule. Specifically, the Department
is exploring a Reg Neg to:
• Ensure that the same in-flight
entertainment (IFE) available to all
passengers is accessible to passengers
with disabilities;
• Provide individuals dependent on
in-flight medical oxygen greater access
to air travel consistent with Federal
safety and security requirements;
• Determine the appropriate
definition of a service animal;
• Establish safeguards to reduce the
likelihood that passengers wishing to
travel with their pets will be able to
falsely claim that their pets are service
animals;
• Address the feasibility of accessible
lavatories on new single aisle aircraft;
• Address whether premium
economy is a different class of service
from standard economy as airlines are
required to provide seating
accommodations to passengers with
disabilities within the same class of
service; and
• Require airlines to report annually
to the Department the number of
requests for disability assistance they
receive and the time period within
which wheelchair assistance is provided
to passengers with disabilities.
In a Reg Neg, an agency invites
representatives of interested parties
likely to be significantly affected by a
regulation to work with each other and
the agency on an advisory committee to
seek to reach consensus
recommendations on the appropriate
resolution of the issues before the
committee. If a consensus is reached,
the Department will issue a proposed
rule consistent with that consensus for
2 See DOT–OST–2012–0030, In Re Petition for
Rule Change of Title 14 CFR 382.81(d) Pertaining
to Disabled Seating Accommodations (February 7,
2012).
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jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Proposed Rules
public comment under established
rulemaking procedures. The Department
believes this cooperative problemsolving approach should be given
serious consideration. To do so, the
Department must determine, among
other statutorily-mandated
considerations, whether an appropriate
advisory committee can be assembled
that will fairly represent all affected
interests, negotiate in good faith, and
offer a reasonable likelihood of reaching
a consensus on the issues.
The Department has retained a neutral
convener, Mr. Richard Parker from the
University of Connecticut School of
Law, to undertake the initial stage in the
Reg Neg process and assist the agency
in making this threshold determination.
Mr. Parker’s credentials have been
placed in docket DOT–OST–2015–0246.
The neutral convener will interview
representatives of affected interests,
including but not limited to, disability
advocacy groups, airlines, and
manufacturers of aircraft cabin facilities
and equipment and determine whether
other interest groups should be
included. The convener will examine
the potential for adequate and balanced
representation of the varied interests on
an advisory committee convened to
negotiate the regulation and/or to reach
consensus on specific issues. Based on
these interviews, the convener will
submit a written report of findings and
recommendations to the Department,
and the final report will be available to
the public. The convenor’s report will
provide a basis for the Department to
decide whether to proceed with a Reg
Neg, and, if so, to determine the scope
of the issues the committee will address.
In the alternative, the Department may
also decide to forgo a Reg Neg and
proceed with a traditional notice-andcomment rulemaking.
The convener’s activities are subject
to the confidentiality provisions of the
Administrative Dispute Resolution Act,
5 U.S.C. 574. The Federal Government
will make no claim to the convener’s
notes, memoranda, or recollections or to
documents provided to the convener in
confidence in the course of the
convening process. The convener will
not interpret Department policy, make
decisions on items of policy, regulation,
or statute, or take a stand on the merits
of substantive matters under discussion.
The Department will provide any
comments it receives in response to this
notice to the convener and will file the
comments in docket DOT–OST–2015–
0246. Should the Department decide to
proceed with a Reg Neg process, the
Agency will follow the procedures set
forth in the Negotiated Rulemaking Act
of 1996, 5 U.S.C. 561 et seq. This would
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15:17 Dec 04, 2015
Jkt 238001
include the publication of a notice of
intent to solicit comment on
membership and to invite interested
persons to apply for nomination to the
committee. It also includes the
establishment of an advisory committee
under the Federal Advisory Committee
Act (5 U.S.C. Appendix 2).
Issued under the authority of delegation in
49 CFR 1.27.
Dated: November 30, 2015.
Kathryn B. Thomson,
General Counsel.
[FR Doc. 2015–30764 Filed 12–4–15; 8:45 am]
BILLING CODE 4910–9X–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Chapter II
[Docket No. CPSC–2015–0022]
Petition Requesting Rulemaking on
Products Containing Organohalogen
Flame Retardants; Notice of
Opportunity for Oral Presentation of
Comments
U.S. Consumer Product Safety
Commission.
ACTION: Notice of opportunity to present
oral comments remotely.
AGENCY:
The United States Consumer
Product Safety Commission
(‘‘Commission’’ or ‘‘CPSC’’) on October
26, 2015 published a notice announcing
that, on December 9, 2015, there will be
an opportunity for interested persons to
present oral comments on a petition
received for rulemaking under the
Federal Hazardous Substances Act
(‘‘FHSA’’) regarding additive
organohalogen flame retardants. The
Commission also will provide for
presentations to be made remotely.
DATES: The meeting for interested
persons to present oral comments on the
petition will begin at 10 a.m. on
December 9, 2015, at 4330 East West
Highway, Bethesda, MD 20814.
Requests to make oral presentations and
the written text of any oral presentations
must be received by the Office of the
Secretary not later than 12 noon Eastern
Standard Time (EST) on December 4,
2015.
SUMMARY:
You may submit comments,
identified by Docket No. CPSC–2015–
0022, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The Commission does not accept
ADDRESSES:
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75955
comments submitted by electronic mail
(email), except through
www.regulations.gov. The Commission
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Written Submissions: Submit written
submissions by mail/hand delivery/
courier to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this proposed
rulemaking. All comments received may
be posted without change, including
any personal identifiers, contact
information, or other personal
information provided, to: https://
www.regulations.gov. Do not submit
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. If
furnished at all, such information
should be submitted in writing.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2015–0022, into
the ‘‘Search’’ box, and follow the
prompts. A copy of the petition is
available at: https://www.regulations.gov,
under Docket No. CPSC–2015–0022,
Supporting and Related Materials.
FOR FURTHER INFORMATION CONTACT:
Rockelle Hammond, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
SUPPLEMENTARY INFORMATION:
A. Background
On July 1, 2015, the Commission
received a petition requesting that the
Commission initiate rulemaking under
the FHSA to declare several categories
of products containing additive
organohalogen flame retardants to be
‘‘banned hazardous substances.’’ The
petition was filed by Earthjustice and
the Consumer Federation of America,
which are joined by American Academy
of Pediatrics, American Medical
Women’s Association, Consumers
Union, Green Science Policy Institute,
International Association of Fire
Fighters, Kids in Danger, Philip
Landrigan, M.D., M.P.H., League of
United Latin American Citizens,
Learning Disabilities Association of
America, and Worksafe.
E:\FR\FM\07DEP1.SGM
07DEP1
]]>Agencies
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Proposed Rules]
[Pages 75953-75955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30764]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. DOT-OST-2015-0246]
RIN 2105-AE12
Nondiscrimination on the Basis of Disability in Air Travel;
Consideration of Negotiated Rulemaking Process
AGENCY: Office of the Secretary, Department of Transportation.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Department of Transportation (``Department'' or ``DOT'')
announces that it is exploring the feasibility of conducting a
negotiated rulemaking (Reg Neg) concerning accommodations for air
travelers with disabilities addressing inflight entertainment,
supplemental medical oxygen, service animals, accessible lavatories on
single-aisle
[[Page 75954]]
aircraft, seating accommodations, and carrier reporting of disability
service requests. The Department has hired a convener to speak with
interested parties about the feasibility of conducting this Reg Neg.
The Department anticipates that the interested parties may include
disability advocacy organizations, airlines, airports, airline vendors
providing wheelchair assistance, aircraft manufacturers, IFE system
manufacturers, movie studios, other IFE content providers, service
animal training organizations, and other Federal agencies that have a
regulatory interest in these issues such as the Department of Justice,
the Federal Communications Commission, and the United States Access
Board.
DATES: Please submit your comments no later than January 6, 2016.
ADDRESSES: You may submit comments identified by docket number DOT-OST-
2015-0246 using any one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Fax: 202-493-2251.
Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Ave. SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: If you have questions about the
regulatory negotiation, you may contact Kathleen Blank Riether, Senior
Attorney, Office of the Aviation Enforcement and Proceedings, U.S.
Department of Transportation, by email at kathleen.blankriether@dot.gov
or by telephone at 202-366-9342. To obtain a copy of this notice in an
accessible format, you may also contact Kathleen Blank Riether.
SUPPLEMENTARY INFORMATION: Congress enacted the Air Carrier Access Act
(ACAA) in 1986. It prohibited discrimination in airline service on the
basis of disability by U.S. air carriers. In 1990, following a lengthy
rulemaking process that included a regulatory negotiation involving
representatives of the airline industry and disability community, the
Department issued a final ACAA rule. In 2000, Congress amended the ACAA
to specifically include foreign air carriers. The ACAA now prohibits
U.S. and foreign air carriers from discriminating against individuals
on the basis of disability in air travel. In 2008, the Department
revised its disability regulation to, among other things, apply its
rule to foreign carriers and add new protections for passengers who use
portable oxygen concentrators and passengers who are deaf or hard of
hearing. See 73 FR 27614 (May 13, 2008), effective May 13, 2009.
In the preamble to the 2008 final rule, the Department explained
that it had deferred final decisions regarding a number of proposed
requirements and expressed its intent to issue a Supplemental Notice of
Proposed Rulemaking (SNPRM) seeking additional public input on carrier-
supplied in-flight medical oxygen, transport of service animals, in-
flight entertainment, and accessible kiosks and Web sites. The
Department also announced its intent to carefully monitor ongoing
developments with respect to lavatory accessibility on single aisle
aircraft during longer flights to determine if a future rulemaking
proposal may be warranted. See 73 FR 27614 (May 13, 2008). In September
2011, the Department issued an SNPRM on airline Web sites and automated
airport kiosks. See 76 FR 59307 (September 26, 2011). The proceeding
culminated in a final rule mandating that airline Web sites and
automated airport kiosks be accessible by specific dates. See 78 FR
67882 (November 12, 2013). The Department is now planning to address
in-flight medical oxygen, transport of service animals and in-flight
entertainment.
Additionally, since the issuance of the 2008 final rule, the
Department has become aware of other difficulties individuals with
disabilities are having in accessing the air travel system. For
example, airlines and disability organizations \1\ have raised concerns
with the Department of passengers falsely claiming that their pets are
service animals. These groups have also pointed out the inconsistency
between the Department of Justice definition of a service animal and
the Department of Transportation's definition of a service animal.
Separately, the Department has noted the industry trend toward greater
use of single aisle aircraft that are not equipped with accessible
lavatories on medium and long haul flights. The disability community
has also expressed distress that single aisle aircraft are increasingly
used by airlines for longer flights but lack accessible lavatories.
Issues have also been raised about whether premium economy is a
different class of service from standard economy as airlines are
required to provide seating accommodations to passengers with
disabilities within the same class of service. Extra legroom is a
standard feature of premium economy, with some carriers providing
premium economy passengers amenities in addition to the standard
economy class services. Various disability organizations have reported
to the Department that their members are unable to obtain bulkhead
seating while traveling with a service animal as the bulkhead seats are
now primarily located in what has been designated by airlines as the
premium economy section. The Department has also received a petition
for rulemaking to modify the existing seating accommodations
requirement for passengers who need extra legroom.\2\
---------------------------------------------------------------------------
\1\ See DOT-OST-2009-0093-0001, Psychiatric Service Dog Society
Petition for Rulemaking (April 13, 2009).
\2\ See DOT-OST-2012-0030, In Re Petition for Rule Change of
Title 14 CFR 382.81(d) Pertaining to Disabled Seating Accommodations
(February 7, 2012).
---------------------------------------------------------------------------
The Department is exploring the feasibility of conducting a
negotiated rulemaking on the remaining issues that it deferred final
action on in its 2008 final rule as well as the issues described above
that have arisen since its 2008 final rule. Specifically, the
Department is exploring a Reg Neg to:
Ensure that the same in-flight entertainment (IFE)
available to all passengers is accessible to passengers with
disabilities;
Provide individuals dependent on in-flight medical oxygen
greater access to air travel consistent with Federal safety and
security requirements;
Determine the appropriate definition of a service animal;
Establish safeguards to reduce the likelihood that
passengers wishing to travel with their pets will be able to falsely
claim that their pets are service animals;
Address the feasibility of accessible lavatories on new
single aisle aircraft;
Address whether premium economy is a different class of
service from standard economy as airlines are required to provide
seating accommodations to passengers with disabilities within the same
class of service; and
Require airlines to report annually to the Department the
number of requests for disability assistance they receive and the time
period within which wheelchair assistance is provided to passengers
with disabilities.
In a Reg Neg, an agency invites representatives of interested
parties likely to be significantly affected by a regulation to work
with each other and the agency on an advisory committee to seek to
reach consensus recommendations on the appropriate resolution of the
issues before the committee. If a consensus is reached, the Department
will issue a proposed rule consistent with that consensus for
[[Page 75955]]
public comment under established rulemaking procedures. The Department
believes this cooperative problem-solving approach should be given
serious consideration. To do so, the Department must determine, among
other statutorily-mandated considerations, whether an appropriate
advisory committee can be assembled that will fairly represent all
affected interests, negotiate in good faith, and offer a reasonable
likelihood of reaching a consensus on the issues.
The Department has retained a neutral convener, Mr. Richard Parker
from the University of Connecticut School of Law, to undertake the
initial stage in the Reg Neg process and assist the agency in making
this threshold determination. Mr. Parker's credentials have been placed
in docket DOT-OST-2015-0246. The neutral convener will interview
representatives of affected interests, including but not limited to,
disability advocacy groups, airlines, and manufacturers of aircraft
cabin facilities and equipment and determine whether other interest
groups should be included. The convener will examine the potential for
adequate and balanced representation of the varied interests on an
advisory committee convened to negotiate the regulation and/or to reach
consensus on specific issues. Based on these interviews, the convener
will submit a written report of findings and recommendations to the
Department, and the final report will be available to the public. The
convenor's report will provide a basis for the Department to decide
whether to proceed with a Reg Neg, and, if so, to determine the scope
of the issues the committee will address. In the alternative, the
Department may also decide to forgo a Reg Neg and proceed with a
traditional notice-and-comment rulemaking.
The convener's activities are subject to the confidentiality
provisions of the Administrative Dispute Resolution Act, 5 U.S.C. 574.
The Federal Government will make no claim to the convener's notes,
memoranda, or recollections or to documents provided to the convener in
confidence in the course of the convening process. The convener will
not interpret Department policy, make decisions on items of policy,
regulation, or statute, or take a stand on the merits of substantive
matters under discussion.
The Department will provide any comments it receives in response to
this notice to the convener and will file the comments in docket DOT-
OST-2015-0246. Should the Department decide to proceed with a Reg Neg
process, the Agency will follow the procedures set forth in the
Negotiated Rulemaking Act of 1996, 5 U.S.C. 561 et seq. This would
include the publication of a notice of intent to solicit comment on
membership and to invite interested persons to apply for nomination to
the committee. It also includes the establishment of an advisory
committee under the Federal Advisory Committee Act (5 U.S.C. Appendix
2).
Issued under the authority of delegation in 49 CFR 1.27.
Dated: November 30, 2015.
Kathryn B. Thomson,
General Counsel.
[FR Doc. 2015-30764 Filed 12-4-15; 8:45 am]
BILLING CODE 4910-9X-P
