67918 Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations 

the ambient level must be user 

selectable. A function must be provided 

to automatically reset the volume to the 

default level after every use. 

(iii) Captioning. Multimedia content 

that contains speech or other audio 

information necessary for the 

comprehension of the content must be 

open or closed captioned. 

Advertisements and other similar 

information are not required to be 

captioned unless they convey 

information that can be used in the 

transaction being conducted. 

(iv) Tickets and boarding passes. 

Where tickets or boarding passes are 

provided, tickets and boarding passes 

must have an orientation that is tactilely 

discernible if orientation is important to 

further use of the ticket or boarding 

pass. 

(6) Input. Input devices must comply 

with paragraphs (k)(6)(i) through (iv) of 

this section. 

(i) Input controls. At least one input 

control that is tactilely discernible 

without activation must be provided for 

each function. Where provided, key 

surfaces not on active areas of display 

screens, must be raised above 

surrounding surfaces. Where touch or 

membrane keys are the only method of 

input, each must be tactilely discernible 

from surrounding surfaces and adjacent 

keys. 

(ii) Alphabetic keys. Alphabetic keys 

must be arranged in a QWERTY 

keyboard layout. The ‘‘F’’ and ‘‘J’’ keys 

must be tactilely distinct from the other 

keys. 

(iii) Numeric keys. Numeric keys must 

be arranged in a 12-key ascending or 

descending keypad layout or must be 

arranged in a row above the alphabetic 

keys on a QWERTY keyboard. The ‘‘5’’ 

key must be tactilely distinct from the 

other keys. 

(iv) Function keys. Function keys 

must comply with paragraphs 

(k)(6)(iv)(A) and (B) of this section. 

(A) Contrast. Function keys must 

contrast visually from background 

surfaces. Characters and symbols on key 

surfaces must contrast visually from key 

surfaces. Visual contrast must be either 

light-on-dark or dark-on-light. However, 

tactile symbols required by (k)(6)(iv)(B) 

are not required to comply with 

paragraph (k)(6)(iv)(A) of this section. 

(B) Tactile symbols. Function key 

surfaces must have tactile symbols as 

follows: Enter or Proceed key: raised 

circle; Clear or Correct key: raised left 

arrow; Cancel key: raised letter ex; Add 

Value key: raised plus sign; Decrease 

Value key: raised minus sign. 

(7) Display screen. The display screen 

must comply with paragraphs (k)(7)(i) 

and (ii) of this section. 

(i) Visibility. The display screen must 

be visible from a point located 40 inches 

(1015 mm) above the center of the clear 

floor space in front of the automated 

kiosk. 

(ii) Characters. Characters displayed 

on the screen must be in a sans serif 

font. Characters must be 3/16 inch (4.8 

mm) high minimum based on the 

uppercase letter ‘‘I.’’ Characters must 

contrast with their background with a 

minimum luminosity contrast ratio of 

3:1. 

(8) Braille instructions. Braille 

instructions for initiating the speech 

mode must be provided. Braille must 

comply with section 703.3 of the 2010 

ADA Standards. 

(9) Biometrics. Biometrics must not be 

the only means for user identification or 

control, unless at least two biometric 

options that use different biological 

characteristics are provided. 

[FR Doc. 2013–26749 Filed 11–7–13; 4:15 pm] 

BILLING CODE 4910–9X–P 

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. 

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 seatstrapping, 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 seatstrapping: (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) 

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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 seatstrapping 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 (§ 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 seatstrapping 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 nonquantifiable 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) 

Total Quantified Benefits ..................................... 20 years, 7% discounting ........................................................................... $243 to $273. 

Total Quantified Costs * ....................................... 20 years, 7% discounting ........................................................................... $0.6. 

Net Quantified Benefits ........................................ 20 years, 7% discounting ........................................................................... $242 to $272. 

* 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 seatstrapping 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 seatstrapping 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 

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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 seatstrapping 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 seatstrapping, 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 seatstrapping, 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 seatstrapping 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 seatstrapping 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 preboarding process. The Department 

emphasizes that carriers must take 

specific well-defined measures such as 

these to ensure that the use of the seatstrapping 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 seatstrapping 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 seatstrapping 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 seatstrapping 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 seatstrapping 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. 

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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 seatstrapping method is allowed. We also 

asked whether there were any 

complaints received regarding 

wheelchair damage from using the seatstrapping 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 seatstrapping 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 seatstrapping 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 seatstrapping 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 seatstrapping 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 

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67922 Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations 

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 seatstrapping 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 seatstrapping. Virgin Atlantic Airways 

states that any larger size should only be 

required for wheelchairs that are seatstrapped, 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 twinaisle 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 

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Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations 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 nonquantifiable 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 worstcase 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 seatstrapping 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 

■ 1. The authority citation for part 382 

continues to read as follows: 

Authority: 49 U.S.C. 41705. 

■ 2. Section 382.67 is revised to read as 

follows: 

§ 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 adultsized folding, collapsible, or breakmstockstill on DSK4VPTVN1PROD with RULES4

67924 Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Rules and Regulations 

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 

§ 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 nonsafety 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 preboarding 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. 

§ 382.123 [Amended] 

■ 3. In § 382.123, paragraph (c) is 

removed. 

[FR Doc. 2013–26743 Filed 11–7–13; 4:15 pm] 

BILLING CODE P 

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