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, InFlight 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, InFlight 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, InFlight 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, InFlight 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 codeshare operations); 

16
Enhancing Airline Passenger Protections III NPRM

• (2) whether the Department should expand the ontime 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 postpurchase 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.

• Seek 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