# Rulemaking Activities

Office of Aviation Enforcement and



## Proceedings May 21, 2013

# Pending Rulemakings

• 9 active rulemakings (3 NPRMs, 6 final rules)

– 4 disability

- related rulemakings



### – 2 consumer protection rulemakings

– 1 unauthorized operations rulemaking

– 2 reporting rulemakings

2

### Final Rule on Use of the Seat

- Strapping Method for Carrying a Wheelchair in an Aircraft Cabin



## • Major Provision in NPRM

– Would allow carriers to use the seat

- strapping 

### method to transport a passenger's wheelchair in the cabin of newer aircraft.

3

### Final Rule on Use of the Seat

- Strapping Method for Carrying a Wheelchair in an Aircraft Cabin

Milestones Dates

NPRM June 3, 2011

End of Comment Period August 2, 2011

Final Rule to OMB July 28, 2012 Anticipated date for OMB Clearance TBD

Anticipated Publication Date TBD

4

### Final Rule on Accessibility of Carrier Websites

and Ticket Kiosks



## • Major Provisions in NPRM

– ( 1) would require carriers to make Web sites they operate and on which their agents sell air 

### transportation on their behalf accessible to people with disabilities; and

– ( 2) would require carriers and U.S. airports to 

### ensure automated kiosks operated by carriers at U.S. airports are accessible

.

5

### Final Rule on Accessibility of Carrier Websites and Ticket Kiosks

Milestones Dates

NPRM September 26, 2011

End of Comment Period January 9, 2012

Final Rule to OMB February 1, 2013 Anticipated date for OMB Clearance TBD

Anticipated Publication Date TBD

6

## Final Rule on Accessibility of Airports



## • Major Provisions in NPRM

– (1) would require a minimum of one service animal relief area for each terminal in a U.S. airport;

– (2) would require airport operators to enable high

- contrast captioning on certain televisions and audio

- visual displays in U.S. airports; and

– (3) would require airports to operate and maintain lifts used to transfer disabled passengers where level entry loading bridges are not available.

7

### Final Rule on Accessibility of Airports

Milestones Dates

NPRM September 29, 2011

End of Comment Period November 28, 2011 Anticipated date for Final Rule to OMB June 20, 2013* Anticipated date for OMB Clearance September 19, 2013*

Anticipated Publication Date

**There may be October 4, 2013*

8

### NPRM on Carrier

- Supplied Medical Oxygen, In

Flight Entertainment Systems, Service Animals,

and Accessible Lavatories



## • Major Provisions to Be Addressed in NPRM

– (1) whether providing accessible in

- flight entertainment to passengers with disabilities is 

### technically and economically feasible;

– ( 2) whether carriers should be required to supply in

- flight medical oxygen to passengers who require it to access air transportation;

9

### NPRM on Carrier

- Supplied Medical Oxygen, In

Flight Entertainment Systems, Service Animals,

and Accessible Lavatories

• ( 3 ) whether foreign air carriers should continue being required to only transport service dogs ;

• ( 4) whether medical documentation and advance notice should continue to be required from users of 

### emotional support and psychiatric service animals;

10

### NPRM on Carrier

- Supplied Medical Oxygen, In

Flight Entertainment Systems, Service Animals,

and Accessible Lavatories

• ( 5) whether there should be a requirement to report the number of requests for wheelchair assistance 

### carriers receive; and

• (6) feasibility of requiring accessible lavatories on 

### certain single

- aisle aircraft.

11

### NPRM on Carrier

- Supplied Medical Oxygen, In

Flight Entertainment Systems, Service Animals,



### and Accessible Lavatories

12

Milestones Dates

Anticipated date for NPRM to OMB July 18, 2013
Anticipated date for OMB Clearance October 16, 2013

Anticipated Publication Date October 25, 2013

### Final Rule on Reporting Ancillary Airline

Passenger Revenues



## • Major Provisions in NPRM

– (1) Would require revenue information regarding airline imposed fees to be reported in 

### a more detailed manner;

– (2) Would change the way the Department computes mishandled baggage rates from 

### mishandled baggage reports per unit of domestic enplanements to mishandled bags per unit of checked bags; and

13

### Final Rule on Reporting Ancillary Airline

Passenger Revenues

– (3) would require separate statistics for the number of the mishandled wheelchairs/ scooters per unit of wheelchairs/scooters transported in aircraft cargo compartment by reporting carriers.

14

### Final Rule on Reporting Ancillary Airline

Passenger Revenues

Milestones Dates

NPRM July 15, 2011

End of Comment Period September 13, 2012
Date of Public Meeting May 17, 2012 Anticipated Date for Final Rule to OMB July 1, 2013 Anticipated OMB Clearance October 1, 2013

Anticipated Publication Date October 8, 2013

15

### Enhancing Airline Passenger Protections III NPRM



## • Major Provisions to Be Addressed in NPRM

– (1) whether the Department should enhance disclosure requirements on code

- share 

### operations, (e.g., requiring on

- time performance data, codifying the statutory amendment regarding website schedule disclosure of code



### share operations);

16

### Enhancing Airline Passenger Protections III NPRM



### • (2) whether the Department should expand the on

time performance "reporting carrier" pool to include smaller carriers ;

• (3) whether the Department should require travel agents to adopt minimum customer service 

### standards in relation to the sale of air transportation;

17

### Enhancing Airline Passenger Protections III NPRM



### • (4) whether the Department should require ticket agents to disclose the carriers whose tickets they sell or do not sell and information regarding any 

### incentive payments they receive in connection with the sale of air transportation;

18

### Enhancing Airline Passenger Protections III NPRM



### • (6) whether the Department should require additional disclosures regarding certain substantial fees for oversize or overweight baggage fees;

• (7) whether the Department should prohibit post

purchase price increase for all services and 

### products not purchased with the ticket; and

19

### Enhancing Airline Passenger Protections III NPRM



### • (8) whether the Department should require that ancillary fees be displayed through all sale channels.

20

### Enhancing Airline Passenger Protections III NPRM

21 Milestones Dates

NPRM to OMB April 10, 2013

Anticipated date for OMB Clearance July 10, 2013

Anticipated Publication Date July 15, 2013

### Final Rule on Smoking of Electronic Cigarettes On

Commercial Aircraft



## • Major Provisions in NPRM

– Explicitly ban the smoking of electronic cigarettes on air carrier and foreign air carrier 

### flights in scheduled intrastate, interstate, and foreign air transportation.

– Solicit comment on whether the Department 

### should extend the ban on smoking to charter flights with aircraft that have seating capacity of 19 or more passenger seats

22

### Final Rule on Smoking of Electronic Cigarettes On

Commercial Aircraft

Milestones Dates

NPRM September 15, 2011

End of Comment Period November 14, 2011 Anticipated date for Final Rule to OMB August 21, 2013 Anticipated date for OMB Clearance November 21, 2013

Anticipated Publication Date December 4, 2013

23

### Final Rule on Reports by Air Carriers on Incidents Involving Animals During Air Transport



## • Major Provisions in NPRM

– Would expand the requirement to report on loss, death or injury of animals during air transport to apply to more U.S. carriers

– Would expand the definition of ``animal'' to include all cats and dogs transported by the carrier, regardless of whether the cat or dog is transported as a pet by its owner or as part of a commercial shipment and

24

### Final Rule on Reports by Air Carriers on Incidents Involving Animals During Air Transport



### • Would require all covered carriers to provide in their annual report the total number of animals that were lost, injured, or died during air transport

.

• S eek comment on requiring carriers to report the total number of animals transported in the calendar 

### year in the annual report.

25

### Final Rule on Reports by Air Carriers on Incidents Involving Animals During Air Transport

Milestones Dates

NPRM June 29, 2012

End of Comment Period August 28, 2012 Anticipated date for Final Rule to OMB TBD Anticipated date for OMB Clearance TBD

Anticipated Publication Date TBD

26

### NPRM for the charter broker/operator industry



## • Major provisions to be addressed in NPRM

– respond to NTSB recommendation that the Department require certain information be disclosed to customers at the time an air charter contract is arranged (e.g., name of the company in operational control of the aircraft during flight); and

– address some form of licensing for air charter brokers.

27

### NPRM for the charter broker/operator industry

Milestones Dates

ANPRM January 26, 2007

End of Comment Period March 27, 2007

Anticipated completion date for NPRM May 2013

Anticipated Publication Date May 2013

28

# Future Rulemaking to Implement FAA Modernization and Reform Act of 2012

• Promulgate rules within 2 years to require carriers to allow passengers to bring on board and/or check 

### musical instruments weighing up to 165 lbs. and to allow passengers to buy an extra seat to facilitate such transport. (Sec. 403)

29

# Future Rulemaking to Implement FAA Modernization and Reform Act of 2012

• Address through rulemaking other subjects such as:

• tarmac delay contingency plans (e.g., airplane cabin temperatures, sharing of gates and facilities),

• consumer complaints (e.g., standards for the publication of airline and DOT contact information), and

• information about passenger cabins to be treated with insecticides.

30