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18, 2018, that have an original airworthiness of the local flight standards district office/ single-aisle for passengers with certificate or original export certificate of certificate holding district office. disabilities. These improvements airworthiness issued on or before the (3) An AMOC that provides an acceptable include changes to the interior of the effective date of this AD: Within 6 months of safety may be used for any repair, lavatory, additional services that modification, or alteration required by this after the effective date of this AD, do the would provide with respect to actions specified in paragraphs (o)(1) and (2) AD if it is approved by The Company of this AD. ODA that has been authorized by the lavatory access, training requirements, (1) Identify the version of the flight control Manager, Seattle ACO Branch, FAA, to make and improvements to the aircraft’s electronics (FCE) common block point (CBP) those findings. To be approved, the repair onboard wheelchair. software installed. If the installed version is method, modification deviation, or alteration DATES: Comments should be filed by not CBP5 or later approved version: Within deviation must meet the certification basis of March 2, 2020. Late-filed comments will 6 months after the effective date of this AD, the airplane, and the approval must be considered to the extent practicable. install CBP5 or later approved version, in specifically refer to this AD. accordance with the Accomplishment (4) AMOCs approved previously for AD ADDRESSES: You may file comments Instructions of Boeing Alert Requirements 2015–14–07, AD 2016–07–10, and AD 2016– identified by docket number DOT–OST– Bulletin B787–81205–SB270044–00 RB, Issue 24–09, are approved as AMOCs for the 2019–0180 by any of the following 001, dated December 18, 2018. A review of corresponding provisions of paragraphs (g) methods: airplane maintenance records is acceptable in through (l) of this AD. • Federal eRulemaking Portal: Go to lieu of this identification requirement, if the (s) Related Information https://www.regulations.gov and follow software version can be conclusively the online instructions for submitting (1) For more information about this AD, determined from that review. comments. (2) Identify the version of the DCA system contact Maureen G. Fallon, Aerospace • Engineer, Systems and Equipment Section, Mail: Docket Management Facility, and MS software installed. If the installed U.S. Department of Transportation, 1200 version is not DCA MS CBP4 or a later- FAA, Seattle ACO Branch, 2200 South 216th approved version of DCA MS software: St., Des Moines, WA 98198; phone and fax: New Jersey Ave. SE, West Building Within 6 months after the effective date of 206–231–3690; email: maureen.g.fallon@ Ground Floor, Room W12–140, this AD, install a new DCA system and MS faa.gov. Washington, DC 20590–0001. software and do a software check, in (2) For service information identified in • Hand Delivery or Courier: West accordance with the Accomplishment this AD, contact Boeing Commercial Building Ground Floor, Room W12–140, Instructions of Boeing Service Bulletin B787– Airplanes, Attention: Contractual & Data 1200 New Jersey Ave. SE, between 9:00 81205–SB310014, Issue 002, dated June 14, Services (C&DS), 2600 Westminster Blvd., a.m. and 5:00 p.m. ET, Monday through MC 110–SK57, Seal Beach, CA 90740–5600; 2017. Friday, except Federal holidays. telephone 562–797–1717; internet https:// • (p) Terminating Action for Certain www.myboeingfleet.com. You may view this Fax: (202) 493–2251. Requirements of This AD referenced service information at the FAA, Instructions: You must include the (1) Except as specified in paragraph (p)(2) Transport Standards Branch, 2200 South agency name and docket number DOT– of this AD: Accomplishment of the actions 216th St., Des Moines, WA. For information OST–2019–0180 or the Regulatory required by paragraph (n) or (o) of this AD, on the availability of this material at the Identification Number (RIN) for the as applicable, terminates the requirements of FAA, call 206–231–3195. rulemaking at the beginning of your paragraphs (g) through (m) of this AD. Issued in Des Moines, Washington, on comment. All comments received will (2) Accomplishment of the actions required December 17, 2019. be posted without change to https:// by paragraph (n) or (o) of this AD, as Michael Kaszycki, www.regulations.gov, including any applicable, terminates the requirements of personal information provided. paragraph (k) of this AD for that airplane Acting Director, System Oversight Division, only. Aircraft Certification Service. Privacy Act: Anyone can search the (3) After the actions required by paragraph [FR Doc. 2019–27928 Filed 12–31–19; 8:45 am] electronic form of all comments received in any of our dockets by the (n) or (o) of this AD have been accomplished BILLING CODE 4910–13–P on all affected airplanes in an operator’s fleet, name of the individual submitting the and within 6 months after the effective date comment (or signing the comment, if of this AD, figure 1 to paragraph (k) of this DEPARTMENT OF TRANSPORTATION submitted on behalf of an association, AD must be removed from the existing AFM business, labor union, etc.). You may for the fleet. Office of the Secretary review DOT’s complete Privacy Act (q) Parts Installation Prohibition statement in the Federal Register As of the effective date of this AD, 14 CFR Part 382 published on April 11, 2000 (65 FR 19477–78), or you may visit https:// installation on any airplane of FCE CBP [Docket No. DOT–OST–2019–0180] software with a version previous to CBP5 is www.transportation.gov/privacy. prohibited. RIN 2105–AE88 Docket: For access to the docket to read background documents or (r) Alternative Methods of Compliance Accessible Lavatories on Single-Aisle (AMOCs) comments received, go to https:// Aircraft: Part 1 www.regulations.gov, or to the street (1) The Manager, Seattle ACO Branch, address listed above. Follow the online FAA, has the authority to approve AMOCs AGENCY: Office of the Secretary (OST), for this AD, if requested using the procedures U.S. Department of Transportation instructions for accessing the dockets. found in 14 CFR 39.19. In accordance with (DOT). FOR FURTHER INFORMATION CONTACT: 14 CFR 39.19, send your request to your ACTION: Notice of proposed rulemaking. Robert Gorman, Senior Trial Attorney, principal inspector or local Flight Standards Office of Aviation Enforcement and District Office, as appropriate. If sending SUMMARY: The U.S. Department of Proceedings, U.S. Department of information directly to the manager of the Transportation (Department or DOT) is Transportation, 1200 New Jersey Ave. certification office, send it to the attention of seeking comment in this Notice of SE, Washington, DC 20590, 202–366– the person identified in paragraph (s)(1) of this AD. Information may be emailed to: 9- Proposed Rulemaking (NPRM) on 9342, 202–366–7152 (fax), [email protected]. proposed amendments to the [email protected] (email). You (2) Before using any approved AMOC, Department’s disability regulation. This may also contact Blane Workie, notify your appropriate principal inspector, NPRM proposes specific measures for Assistant General Counsel, Office of or lacking a principal inspector, the manager improving accessibility of lavatories on Aviation Enforcement and Proceedings,

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U.S. Department of Transportation, 1200 The 1990 ACAA rule required twin- advance notice of proposed rulemaking New Jersey Ave. SE, Washington, DC aisle aircraft to have at least one (ANPRM) to seek comment on the 20590, 202–366–9342, 202–366–7152 accessible lavatory, if lavatories were issue.9 In 1992, the Department (fax), [email protected]. installed on the aircraft. In the context convened an advisory committee to SUPPLEMENTARY INFORMATION: of twin-aisle aircraft, an accessible study this issue. The Committee issued lavatory is one that: (1) Permits a a report that discussed various lavatory I. Background qualified individual with a disability to designs, along with potential associated A. Statutory Authority enter, maneuver as necessary to use all costs.10 lavatory facilities, and leave, by means The 1990 ACAA rule also set The Air Carrier Access Act (ACAA), of the aircraft’s onboard wheelchair standards for the availability and design 49 U.S.C. 41705, prohibits (OBW); 3 (2) affords privacy to persons of OBWs. The rule generally requires discrimination in service on the using the OBW equivalent to that airlines to provide OBWs in two basis of disability by U.S. and foreign air afforded ambulatory users; and (3) circumstances: (1) If the aircraft has an carriers. However, it does not specify provides door locks, accessible call accessible lavatory; or (2) on the request how U.S. and foreign air carriers must buttons, grab bars, faucets and other of a passenger with a disability, even if act to avoid such discrimination or how controls, and dispensers usable by the aircraft does not have an accessible the Department should regulate with qualified individuals with a disability, lavatory.11 The rule also sets basic respect to these issues. The including wheelchair users and persons standards for OBW design, including Department’s authority to regulate with manual impairments.4 elements such as footrests, movable nondiscrimination in airline service is In the preamble to the 1990 ACAA armrests, adequate restraint systems, found in the ACAA in conjunction with rule, the Department stated that by handles, and wheel locks.12 The rule its rulemaking authority under 49 U.S.C. requiring accessible lavatories on provides that the OBW must be 40113, which states that the Department aircraft with more than one aisle, the designed to be compatible with the aisle may take action that it considers result would be ‘‘new aircraft with the width, maneuvering space, and seat necessary to carry out this part, greatest passenger capacities, and which height of the aircraft on which it is used, including prescribing regulations. The make the longest flights, having a and must be easily pushed, pulled, and Department, through reasonable lavatory that handicapped persons can turned within the aircraft by airline interpretation of its statutory authority, readily use.’’ 5 At the time, the personnel.13 has issued regulations that require Department declined to require As originally enacted, the ACAA carriers to provide nondiscriminatory accessible lavatories on single-aisle covered only U.S. air carriers. However, service to individuals with disabilities. aircraft. Accessible lavatories on single- on April 5, 2000, Congress enacted the In issuing regulations implementing the aisle aircraft were optional, but not Wendell H. Ford Aviation Investment ACAA, the Department’s general mandatory.6 and Reform Act for the 21st Century regulatory approach is to issue The Department noted airlines’ (‘‘AIR–21’’), which, among other things, regulations that are reasonable, concerns that providing accessible amended the ACAA to include foreign straightforward, clear, and designed to lavatories on single-aisle aircraft may carriers.14 In response to the AIR–21 minimize burdens consistent with safety require airlines to remove seats in order requirements, the Department on May and access to air . to install a lavatory of sufficient size to 18, 2000, issued a notice of its intent to meet the accessibility standards of the investigate complaints against foreign B. Need for a Rulemaking existing rule. The Department found carriers according to the amended Single-aisle aircraft are increasingly that those ‘‘cost and feasibility provisions of the ACAA. The notice also being used by airlines for long-haul concerns’’ were ‘‘worth serious announced the Department’s plan to flights. At present, there is no consideration,’’ 7 and ultimately decided initiate a rulemaking modifying Part 382 requirement that airlines provide at the time that it was unable to ‘‘obtain to cover foreign carriers. On November accessible lavatories on single-aisle sufficient information to make a sound 4, 2004, the Department issued a notice aircraft. The inability to use the lavatory decision’’ on whether requiring of proposed rulemaking (NPRM) on long flights can present significant accessible lavatories on single-aisle announcing its intention to apply the challenges to passengers with aircraft would impose an undue burden ACAA rule to foreign carriers.15 disabilities, and poses a deterrent for on airlines.8 The Department During the process of amending Part some passengers with disabilities to announced its intention to issue an 382 to apply to foreign carriers, the traveling by air. Department received many comments 3 An OBW is a wheelchair that is used to C. History of Regulations Governing transport a passenger with a disability between the 9 Id. aircraft seat and the lavatory, and is stowed onboard Accessible Lavatories on Aircraft 10 See attachment at https://www.regulations.gov/ the aircraft itself. An OBW should not be confused The Air Carrier Access Act (ACAA), with an aisle chair, which is used for enplaning and document?D=DOT-OST-2015-0246-0194. 11 enacted in 1986, prohibits deplaning. Aisle chairs transport passengers The rule limits this requirement to aircraft with between the jetbridge and the passenger’s seat on a design seat capacity of more than 60 passenger discrimination on the basis of disability the aircraft. Aisle chairs are generally kept in the seats, with certain exceptions for specific types of 1 in . In 1988, the Department , rather than on the aircraft itself. smaller aircraft. 14 CFR 382.65(a). There are two conducted a regulatory negotiation to 4 14 CFR 382.63(a). The rule does not expressly limitations to the rule that airlines must provide develop ACAA regulations. The require the lavatory to be large enough to permit a OBWs on request when the lavatory itself is not passenger to enter the lavatory with a personal care accessible. First, the basis of the passenger’s request regulatory negotiation included attendant who can help the individual transfer from must be that the passenger can use an inaccessible representatives of the airline industry, the onboard wheelchair to and from the seat lavatory, but cannot reach it without the use of an the disability community, and other (a ‘‘dependent transfer’’). It is our general OBW. Second, airlines may require passengers to stakeholders.2 In March 1990, the understanding, however, that accessible lavatories provide up to 48 hours’ advance notice to provide on twin-aisle aircraft are generally large enough to this service. 14 CFR 382.65(b). Department issued final ACAA permit a dependent transfer. 12 14 CFR 382.65(c). regulations, found at 14 CFR part 382. 5 55 FR 8008, 8021 (March 6, 1990). 13 14 CFR 382.65(c). 6 14 CFR 382.63(b). 14 Public Law 106–181, 707(c), 114 Stat. 61, 158 1 49 U.S.C. 41705. 7 55 FR 8008, 8021. (2000). 2 53 FR 23574, 23574 (June 22, 1988). 8 Id. 15 69 FR 64364.

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expressing the view that the existing of ‘‘service animals’’ that may a majority of respondents, the inability requirements concerning accessible accompany passengers with a disability to use a lavatory would be reason lavatories were inadequate. Commenters on a flight.20 enough to choose not to fly.25 PVA at that time stated that accessible The Department established and reported that some passengers with lavatories should be required in all appointed members to the Advisory disabilities choose to fly shorter routes, aircraft, including single-aisle aircraft. Committee on Accessible Air go to the lavatory before entering the The Department acknowledged that Transportation (ACCESS Advisory aircraft, or dehydrate themselves before single-aisle aircraft sometimes make Committee or Committee) to negotiate flying to alleviate the need to use the lengthy flights, and that providing and develop proposed regulations lavatory on the aircraft.26 More than 500 accessible lavatories on single-aisle addressing accessible in-flight of 725 respondents to PVA’s survey aircraft would be a significant entertainment, accessible lavatories, and indicated that the biggest hindrance was improvement in airline service for service animals.21 The Committee the size and space/design of the lavatory passengers with disabilities. However, comprised members representing itself.27 A majority of survey the Department ultimately declined to various stakeholders including the respondents also indicated that an OBW impose a requirement for accessible Department, airlines, flight attendants, would be necessary to reach the lavatories on single-aisle aircraft, given cross-disability advocacy groups, lavatory.28 Survey respondents noted a concerns that the ‘‘revenue loss and consumer groups, academic or non- number of issues with current OBWs, other cost impacts’’ could be too great.16 profit institutions having technical including lack of access to an OBW, not On May 13, 2008, the Department expertise in accessibility research and knowing that OBWs are available, published a final rule amending Part development, and aircraft inability to transfer from the OBW to the 382 to cover foreign air carriers.17 The manufacturers.22 The Committee formed toilet, and the narrowness of the aisle in 2008 final rule requires foreign air separate subgroups of stakeholders to relation to the OBW.29 carriers operating twin-aisle aircraft to study and vote on the three topics, 3. Developments in Accessible Lavatory provide accessible lavatories with depending on the stakeholders’ areas of Design and OBW Design respect to new aircraft that were ordered interest and expertise. During the first after May 13, 2009, or which were meeting, the Department informed The ACCESS Advisory Committee delivered after May 13, 2010.18 For U.S. stakeholders that if they came to a proceedings provided an opportunity carriers, the requirement applies to consensus on the terms of a proposed for manufacturers to demonstrate aircraft that were initially ordered after rule, the Department would exercise improvements to the accessibility of April 5, 1990, or which were delivered good faith efforts to implement that lavatories on single-aisle aircraft. For 23 after April 1992. consensus to the extent possible. The example, at the first meeting on May ACCESS Advisory Committee gathered 17–18, 2016, presented D. DOT ACCESS Advisory Committee data, conducted meetings and site visits, information about its SpaceFlex 1. Formation and History of Committee and engaged in negotiations from May lavatories. During normal operation, 2016 through November 2016. they function as two lavatories, On December 7, 2015, the Department separated by a dividing wall. On issued a Federal Register document 2. Information Gathering request, however, the dividing wall can indicating that it was exploring the The ACCESS Advisory Committee be removed by a , feasibility of conducting a negotiated gathered information concerning the creating a single large space for the rulemaking with respect to six benefits of improving the accessibility of passenger and an assistant to enter and accessibility issues, including lavatories on single-aisle aircraft. The use the facilities.30 SpaceFlex lavatories accessibility of lavatories on single-aisle Committee learned that single-aisle are installed in the rear section of the aircraft.19 As part of this process, the aircraft were being increasingly used for aircraft against the back wall, in the area Department hired a neutral facilitator to longer-haul flights, on which accessible that is often used for space assist the Department in determining lavatories were not available.24 (where drinks, meals, snacks, and whether any or all of the six issues Paralyzed Veterans of America (PVA) service carts are stowed). DOT has would be appropriate for a negotiated presented survey data showing that for learned that some low-cost airlines that rulemaking. The facilitator found that 20 do not use significant galley space the following three issues would be 81 FR 20265; see also https:// operate some aircraft with SpaceFlex appropriate for a negotiated rulemaking: www.regulations.gov/document?D=DOT-OST-2015- 0246-0092. lavatories. DOT has also learned that (1) Whether to require accessible in- 21 81 FR 26178. certain Airbus aircraft currently in flight entertainment and strengthen 22 A full list of ACCESS Advisory Committee operation have SpaceFlex lavatories accessibility requirements for other in- members and other information on the Committee installed as well. flight communications; (2) whether to may be found at https://www.transportation.gov/ access-advisory-committee. require an accessible lavatory on new 23 Under the ground rules of the Committee, 25 https://www.transportation.gov/sites/dot.gov/ single-aisle aircraft over a certain size; consensus was defined as ‘‘no more than two files/docs/3a.P4.Lav_ and (3) whether to amend the definition negative votes in each issue area’’, with abstentions .Advocate%20Survey%20Results.v2.pdf. not counting as negative votes. https:// 26 Id. at 4. 16 www.transportation.gov/office-general-counsel/ 27 73 FR 27614, 27625; available at https:// negotiated-regulations/access-committee-ground- Id. at 3. www.transportation.gov/sites/dot.gov/files/docs/ rules. 28 Id. Part%20382-2008_1.pdf. 29 24 https://www.transportation.gov/sites/dot.gov/ Id. at 3. 17 73 FR 27614. files/docs/Minutes%20- 30 https://www.transportation.gov/sites/dot.gov/ 18 14 CFR 382.63(d). The rule also extended the %201st%20Plenary%20Meeting.pdf. More recent files/docs/ OBW requirements to foreign air carriers. 14 CFR data shows similar trends. Figure 1 of the Airbus%20Presentation%20on%20Lav.pdf. This is 382.65(d). Preliminary Regulatory Impact Analysis indicates the version of SpaceFlex known as ‘‘V1.’’ Airbus 19 80 FR 75953. The six issues were: (1) that in 1997, narrow-body aircraft accounted for also produces a ‘‘SpaceFlex V2,’’ which does not Accessibility of in-flight entertainment; (2) slightly over 60% of departing flights of 2000–2499 increase the size of the lavatory, but provides a supplemental medical oxygen; (3) service animals; miles; by 2018, that figure had risen to 90%. transfer seat to assist passengers in transitioning (4) accessible lavatories on single-aisle aircraft; (5) Narrow-body aircraft accounted for only 40% of from the OBW to the aircraft . To the seating accommodations; and (6) carrier reporting of departing flights of 2000–2499 miles in 1997; by Department’s knowledge, no U.S. carrier uses the disability service requests. Id. 2018, that figure rose to approximately 75%. SpaceFlex V2.

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Bombardier, Inc., a Canadian aircraft did raise hygiene concerns about the does not call for retrofitting of existing manufacturer, presented information dual function of the chair. aircraft, but it does call for airlines to about the accessibility features of its 4. Development of Tier System comply with the new standards if they single-aisle C series aircraft. Bombardier replace lavatories on older aircraft.37 explained that C-series lavatories were During the course of the ACCESS The agreement included provisions for designed to allow passengers with Advisory Committee’s negotiations, both short-term and long-term reduced mobility the ability to transfer stakeholders recognized that there were accessibility improvements. various ways to improve accessibility of independently from the OBW to the lavatories, with varying costs and a. Short-Term Improvements toilet seat with the lavatory door timelines for implementation. For closed.31 Bombardier explained that example, the lavatory interior could be Under the ACCESS Advisory accessible lavatories were a design upgraded to include features such as Committee’s agreement, short-term feature of the aircraft from its accessible handles, faucets, and call improvements include Tier 1 32 inception, and that ‘‘clean sheet’’ buttons. These improvements, which improvements and improvements to the designs can take up to 20 years to would not require increasing the floor OBW design. Short-term improvements produce. The Bombardier C series is dimensions (‘‘footprint’’) of the lavatory would be required on new single-aisle now majority-owned by Airbus, and is itself, became known as ‘‘Tier 1’’ aircraft delivered 3 years after the 38 known as the ; seating improvements. effective date of the final rule. Airlines capacity ranges from 100 to 160.33 The The stakeholders also discussed operating aircraft with 60 or more accessibility lavatory feature of the various accessibility options that would passenger seats 39 would be required to: Airbus 220 is optional. increase the footprint of the lavatory, (1) Train flight attendants to proficiency with respect to transfers to and from the The ACCESS Advisory Committee but not to the full size of a twin-aisle OBW, and with respect to accessibility also learned about an innovative OBW aircraft lavatory. Finally, the features of the lavatory and the OBW; design developed by researchers at the stakeholders discussed the highest tier of accessibility: Expansion of lavatories (2) publish lavatory accessibility University of Hamburg in Germany. The information and provide it on request; cantilevered design of the ‘‘Hamburg to have the footprint (and accessibility features) of lavatories on twin-aisle and (3) remove the International Symbol Chair’’ allows it to enter the lavatory of Accessibility from lavatories that are and be positioned over the toilet lid. aircraft. Airlines took the position that not capable of facilitating a seated The benefit of this design is that a lavatories with larger footprints would independent transfer. Aircraft with 125 passenger does not have to stand up out take up space that could otherwise be or more passenger seats would be of the chair and make a transfer to the filled by a row of seats. Airlines and required to have at least one lavatory toilet. Instead, the passenger can enter manufacturers argued that airlines with a number of accessibility features, the lavatory, use the facilities in would lose considerable revenue from including accessible door locks, flush privacy, and exit the lavatory without increasing the footprint of the lavatory handles, call buttons, faucets, and assist standing up.34 Representatives of the and losing this potential row of seats.35 handles. University of Hamburg explained that Single-aisle aircraft with 125 or more the design was a prototype and had not 5. Consensus and Production of Term Sheet passenger seats would also be required been put into mass production. to include an OBW meeting the Members of the ACCESS Advisory On November 22, 2016, the ACCESS Department’s new standards. The term Committee generally noted that the Advisory Committee reached consensus sheet itself did not specify the standards Hamburg Chair design was promising to on proposed new regulations to improve for a new OBW, other than: (1) It the extent that it would allow greater the accessibility of lavatories on single- permits passage in the aircraft aisle; (2) accessibility to the lavatory for aisle aircraft and to improve the it fits within an available certificated passengers with reduced mobility. They accessibility of in-flight OBW stowage space; and (3) it 36 noted that even if the passenger could entertainment. The Committee drafted accomplishes its functions without not use the toilet itself, the passenger an Agreed Term Sheet for each issue. requiring modification to the interior could use the Hamburg Chair to enter The accessible lavatory Term Sheet arrangement of the aircraft or the the lavatory and perform other personal states that the standards would apply to lavatory. The Term Sheet called on the hygiene functions with privacy. Some new single-aisle aircraft. The agreement Department to develop OBW standards ACCESS Advisory Committee members in consultation with stakeholders, and 35 Airlines and manufacturers calculated that costs in the form of lost revenue could be as high to publish those standards in a proposed 31 https://www.transportation.gov/sites/dot.gov/ as $33.3 billion. https://www.transportation.gov/ rule. The Term Sheet indicated that _ _ files/docs/P3.Lav .2.Block .Bombardier%20 sites/dot.gov/files/docs/3a.OEM_.Airline%20 standards for an over-the-toilet design Presentation.v2.2016.07.11.pdf. Accessible%20Lav.Position.8.15.16..pdf. OBW should be established, if feasible. 32 https://www.transportation.gov/sites/dot.gov/ 36 https://www.transportation.gov/office-general- files/docs/resources/individuals/aviation- counsel/negotiated-regulations/final-resolution- 37 consumer-protection/285871/july-meeting- access-committee. Of the 27 total Committee As with the current rule, accessible lavatories minutes.pdf. members, 19 were voting members on the issue of would not be required if the airline chooses not to 33 https://www.airbus.com/content/dam/ accessible lavatories. Voting in favor of the install any lavatories on the aircraft. In practice, corporate-topics/publications/backgrounders/ agreement were , the National however, airlines generally choose to install at least Backgrounder-Airbus-Commercial-Aircraft-A220- Disability Rights Network, the National Air Carrier one lavatory onboard aircraft. Facts-and-Figures-EN.pdf. Association, JetBlue Airways, a subject matter 38 The proposed rule text refers to ‘‘all new single- 34 https://www.transportation.gov/sites/dot.gov/ expert from Oregon State University, the aisle aircraft’’ above a specific seating capacity that files/docs/3a.P4.Lav_.2016%20OBW%20v3.0.pdf. Association of Flight Attendants—CWA, the are ‘‘delivered’’ on or after a certain date. This The Hamburg Chair has an optional removable seat International Air Transport Association, WestJet, phrasing makes clear that the proposed rule is not panel. With this feature, a passenger could lift the , Paralyzed Veterans of America, limited to newly-certificated aircraft models. toilet seat lid, position the chair over the toilet, then Frontier Airlines, Airbus, the American Council of Instead, it also applies to newly-manufactured remove the seat panel on the chair so that the the Blind, the Regional Airlines Association, and aircraft of existing models. passenger can use the toilet without leaving the DOT. Boeing and voted to abstain, while 39 All references to seat capacity in the Term chair. Members of the ACCESS Advisory Committee the National Council on Independent Living voted Sheet are references to FAA-certified maximum seat also expressed hygiene concerns with this feature. against the agreement. capacities.

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b. Long-Term Improvements necessary to gather additional data on specifications for the OBW provided Under the terms of the agreement, the costs and benefits of long-term that those specifications achieve a level long-term improvements would be improvements. The Department also of accessibility consistent with the required on new single-aisle aircraft, determined that an NPRM on accessible performance standards found in the with 125 or more passenger seats, that lavatories would be expedited if the Department’s regulations. complex and more costly long-term were initially ordered 18 years after the II. Proposed Rule effective date of the final rule or improvements were not included at this The proposed accessibility delivered 20 years after the effective time. Information on the ANPRM can be improvements in this NPRM generally date of the final rule. Such aircraft found at Docket DOT–OST–2019–0181, track the Tier 1 provisions in the would be required to include at least RIN 2105–AE89. ACCESS Advisory Committee’s Term one lavatory of sufficient size to permit G. OBW Design Process Sheet (relating to accessible interior a qualified individual with a disability As noted above, the ACCESS features, training and information to perform a seated independent and Committee’s Term Sheet called for the requirements, and OBW improvements). dependent transfer from the OBW to Department to consult with stakeholders This NPRM does not propose expanding and from the toilet within a closed on OBW design improvements. The the size of the lavatory to provide a level space that affords to persons using the Department determined that the most of accessibility equivalent to that found OBW privacy equivalent to that afforded appropriate method for developing on twin-aisle aircraft. That issue will be ambulatory users. The lavatory would initial OBW design standards was to addressed in the related ANPRM. also include the interior accessibility seek the assistance of the Architectural improvements found in Tier 1. and Transportation Barriers Compliance A. Improvements to Lavatory Interiors E. Congressional Directive Board (Access Board).43 The Access The first set of proposed Board is a Federal agency that In July 2016, while the ACCESS improvements in this NPRM relate to specializes in producing accessibility Advisory Committee was working on the accessibility features of the lavatory guidelines and standards for the built the regulatory negotiation, Congress itself. These improvements, found in environment, transportation systems, enacted the FAA Extension, Safety, and proposed § 382.63(f), would apply to and technology. On August 20, 2019, Security Act of 2016 (FAA Act of lavatories on new aircraft with an FAA- the Access Board published ‘‘Proposed 2016).40 This statute directed the certificated maximum capacity of 125 Advisory Guidelines for Aircraft Department to issue a supplemental seats or more. The Department is Onboard Wheelchairs,’’ and sought NPRM by July 15, 2017, on the issue of tentatively of the view that because public comment.44 accessible lavatories on single-aisle aircraft with fewer than 125 seats tend As the Access Board explains, its aircraft.41 to be shorter-haul aircraft, with shorter Advisory Guidelines are not mandatory. flight times, it may not be cost- F. Conducting Lavatory Rulemakings in Instead, they are intended to ‘‘serve as beneficial to require interior Two Phases technical assistance for covered air improvements to lavatories on those In June 2019, the Department carriers, providing one example of how aircraft. The Department seeks comment announced that it had determined that covered air carriers might satisfy the on this issue. the most appropriate course of action performance standard for onboard First, the proposed rule would require wheelchairs established by DOT in its grab bars to be installed and positioned was to conduct two separate accessible 45 lavatory rulemakings: (1) This NPRM, forthcoming rulemaking.’’ The as required to meet the needs of covering short-term accessibility Department has considered the Access individuals with disabilities. We note improvements; and (2) an ANPRM titled Board’s proposed technical standards, that the ACCESS Advisory Committee’s ‘‘Accessible Lavatories on Single-Aisle along with the public comments in the Term Sheet provided that the pull Aircraft: Part 2,’’ covering long-term Access Board’s docket, when handles must meet the needs of accessibility improvements.42 The developing the OBW performance individuals with disabilities and must Department reasoned that it was standards found in this NPRM. The support a minimum of 250 pounds.46 Department’s performance standards set The proposed rule does not include a 40 Public Law 114–190, 130 Stat. 615, § 2108. the essential required features of the weight-support minimum threshold. We 41 The FAA Act of 2016 directed the Department OBW, while allowing flexibility in how are tentatively of the view that setting a to issue the supplemental NPRM ‘‘referenced in the manufacturers meet those standards. specific weight threshold would be Secretary’s Report on Significant Rulemakings, Airlines may, if they wish, use the unduly prescriptive,47 and that grab bars dated June 15, 2015, and assigned Regulation Access Board’s more specific technical Identification Number [RIN] 2105–AE12.’’ Public must necessarily support significant Law 114–190, 130 Stat. 615, § 2108. At the time that standards as a guide for complying with weight in order to adequately meet the the FAA Act of 2016 was enacted, one of the topics the Department’s more generalized needs of individuals with disabilities. within RIN 2105–AE12 was ‘‘whether carriers performance standards. However, The Department seeks comment on should be required to provide accessible lavatories airlines would not be required to use the on certain new single-aisle aircraft.’’ See https:// whether this general performance cms.dot.gov/regulations/2015-significant- Access Board’s technical specifications standard provides sufficient guidance to rulemaking-archive (entry for June 2015). In other in order to comply with the airlines and lavatory manufacturers. The words, the direction was for the Department to performance standards; airlines may Department seeks comment on whether issue a supplemental NPRM on whether carriers choose to adopt alternative should be required to provide accessible lavatories a weight-support minimum threshold is on certain new single-aisle aircraft. 42 The Department’s NPRM on accessible 43 https://www.access-board.gov/. 46 Term Sheet 2b. lavatories was originally located at RIN 2105–AE32, 44 https://www.federalregister.gov/documents/ 47 In 2018, the Department issued guidance which also addressed accessible in-flight 2019/08/20/2019-17873/advisory-guidelines-for- regarding its own rulemaking procedures. The entertainment. The Department eventually aircraft-onboard-wheelchairs. The Access Board’s guidance provides, in relevant part, that regulations determined that the in-flight entertainment NPRM Docket for OBW standards is found at https:// should be technologically neutral and should set would proceed separately at RIN 2105–AE32, while www.regulations.gov/docket?D=ATBCB-2019-0002. performance objectives. https:// the accessible lavatory rulemaking proceeded at The Access Board held a public hearing on these www.transportation.gov/sites/dot.gov/files/docs/ RINs 2105–AE88 (this NPRM) and 2105–AE89 (the advisory guidelines on September 12, 2019. regulations/328561/dot-order-21006-rulemaking- ANPRM). 45 84 FR 43100, 43101 (August 20, 2019). process-signed-122018.pdf, section 6(e).

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necessary, and if so, what that threshold the maximum force required to activate defined in relation to the foot supports would be. We specifically seek operable parts; for example, whether the of the OBW that is installed on the comment on whether or not the grab bar force should not exceed 5 pounds specific aircraft containing that weight-support standards in other (2.2N), an accessibility standard applied lavatory? under the Americans with Disabilities lavatory environments (e.g., , Finally, the proposed rule would Act (ADA) or whether the proposed trains, and restaurants) are transferable require airlines to provide a visual to the environment of an aircraft performance standard is sufficient to barrier, on request, for passengers with lavatory, and if so, how. We also seek ensure accessibility. disabilities who may require the use of comment on the costs and benefits of Such requirements would apply if the lavatory but who cannot do so with setting any specific threshold. those accessible operable parts are Next, the proposed rule would require reasonably available and certificated for the door closed. The purpose of the that lavatory faucets have controls with the applicable aircraft type.50 We seek visual barrier is to afford passengers tactile information concerning comment on the availability of with disabilities a level of privacy temperature. Alternatively, airlines may accessible controls and other lavatory equivalent to that afforded to 52 comply with this requirement by parts that are operable by passengers ambulatory users. We seek comment ensuring that lavatory water with disabilities, along with the costs on the means by which this proposed temperature is adjusted to eliminate the and benefits of requiring such accessible visual barrier may be installed and risk of scalding for all passengers. The controls. operated in an efficient and cost- rule would also require that automatic The Department proposes to require effective manner, consistent with the or hand-operated faucets shall dispense the lavatory door sill to provide privacy interests of passengers entering water for a minimum of five seconds for minimum obstruction for the passage of and using the lavatory. each application or while the hand is an OBW, consistent with applicable 51 The Department seeks comment on below the faucet.48 The Department safety regulations. The Department recognizes that door sills must prevent the costs and benefits of these features. seeks comment on whether this last The Department seeks comment on any requirement is necessary, and the costs the spillage of water into the . On the other hand, during site additional features that may improve and benefits of including such a the accessibility of lavatories on single- provision. visits to inspect aircraft lavatories at various airports, members of the aisle aircraft without expanding the Next, the proposed rule would require footprint of the lavatory itself.53 The attendant call buttons and door locks to ACCESS Advisory Committee’s Lavatory Working Group found that a Department also seeks comment and be accessible to an individual seated in data on the extent to which the footprint 49 steep door sill can be a significant the lavatory. We seek comment on of aircraft lavatories on single-aisle whether to further define ‘‘accessible’’ barrier for the entry of an OBW. This provision is intended to promote aircraft has been reduced in recent with respect to call buttons and door accessibility without compromising years, and the effect that any such locks. For example, we seek comment safety. We seek comment on whether reduction has on accessibility for on whether they should be discernible the term ‘‘minimum obstruction’’ passengers with disabilities. While the through the sense of touch and/or should be further defined and if so, Department is not proposing to require through specific means of what that definition should be. in this NPRM that lavatory footprints be communication such as braille, or Next, recognizing that adequate toe expanded to any particular size, the whether airlines should be permitted to clearance is necessary to permit the develop their own methods of providing Department is considering whether to OBW to maneuver into and out of the prohibit the footprint of lavatories from accessibility. lavatory, the proposed rule would Next, the proposed rule would require being further reduced from current require airlines not to reduce toe measurements, on the ground that that lavatory controls and dispensers clearance below the current must be discernible through the sense of further reduction would adversely specifications of the lavatory. The impact accessibility.54 The Department touch. This rulemaking would also Department understands ‘‘toe require operable parts of the lavatory to seeks comment on the costs and benefits clearance’’ to mean the space between of any such proposal. be operable with one hand and not the lavatory floor and the lower edge of require tight pinching, grasping, or the sink or other fixtures of the lavatory. 52 See Term Sheet 2k. twisting of the wrist. The Department seeks comment on this 53 Section 2a of the Term Sheet included a We are of the view that the term proposed provision and on whether the provision that the lavatory’s toilet seat height must ‘‘operable parts’’ includes, but is not term ‘‘toe clearance’’ should be be between 17 and 19 inches. The Department has declined to include this provision on the ground limited to, call buttons, door locks, specifically defined. If so, should the faucets, lavatory controls, and that it is unduly prescriptive. We are also adequate toe clearance of a lavatory be tentatively of the view that the seat height dispensers. We also seek comment on requirement was included to ensure that the height whether the Department should specify 50 This paragraph represents a consolidation of of the toilet seat, aircraft seat, and OBW seat were Term Sheet provisions 2f and 2l. We believe that all reasonably consistent. In our view, the more 48 See Term Sheet 2c. the proposed rule as currently phrased adequately effective and flexible approach to this issue is to 49 The Term Sheet had separate provisions for call reflects these two provisions. We also note that require the OBW to be compatible with the both the buttons and for door locks. Specifically, the Term section 2f of the Term Sheet would separately height of the toilet seat and the height of the aircraft Sheet provided that ‘‘call buttons shall be provided require ‘‘information regarding location and use of passenger seat. That issue is addressed in the OBW in the lavatory and accessible to an individual all other lavatory controls and dispensers to be section below. seated on the toilet,’’ while ‘‘the door lock must be made available through informational cards on 54 The Department notes that under 14 CFR accessible by a 5th percentile female seated on the request, verbally through flight attendants, online, 382.71, airlines are already required to ensure that OBW, if any, within the lavatory compartment.’’ or by phone and TTY where those services are any replacement or refurbishing of an aircraft cabin Term Sheet, sections 2e, 2i. The proposed rule ordinarily provided.’’ In our view, this provision is or its elements does not reduce the accessibility of simplifies and consolidates those two provisions. adequately reflected in proposed § 382.63(h), that element to a level below that specified for new While we believe that both of these provisions are relating to training and information. We seek aircraft in Part 382. This existing requirement adequately reflected in the rule as currently comment on whether the rule should more arguably does not apply to the footprint of phrased, we seek comment on whether the explicitly track the provisions of the Term Sheet in lavatories on single-aisle aircraft, because Part 382 proposed rule should more explicitly track the these respects. does not currently specify any minimum footprint provisions of the Term Sheet. 51 See Term Sheet 2g. for lavatories on single-aisle aircraft.

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B. Retrofitting with the Term Sheet, the proposed rule used increasingly as a location where Retrofitting of lavatories is addressed would require such training on an passengers with disabilities may in proposed § 382.63(g). The proposed annual basis. The Department expects perform personal functions which rule reflects the provisions of the that both initial and annual hands-on require the disposal of sharps and bio- ACCESS Advisory Committee’s Term training will be required for airline and waste. The proposed rule does not Sheet. Retrofitting of lavatories on contractor employees to gain require any specific type of disposal aircraft currently in service would not proficiency in providing this assistance, procedures, however (e.g., a sharps be required under the proposed rule; in light of factors such as the various disposal box installed within the 59 however, if an airline replaces a lavatory OBW designs that may be supplied to lavatory). various aircraft, and the frequency of 3 years or more after the effective date D. OBW Standards of the rule, the proposed rule would OBW use. The Department seeks comment on whether annual training is The Department’s proposed require the airline to install a lavatory performance standards for new OBWs that meets the new requirements. Under necessary, or whether a different frequency of training would be more are found in § 382.65(h). The standards this paragraph, a lavatory is not found in the NPRM describe the considered replaced if it is removed for appropriate. Second, the Department proposes to expected performance of the OBW, specified maintenance, safety checks, or require airlines to provide information while allowing manufacturers to find any other action that results in returning on their websites and upon request efficient and innovative means for the same lavatory into service. For regarding the accessibility features of meeting those performance retrofitted lavatories, there would be no the lavatory.57 The purpose of this expectations. At the same time, the requirement to install a visual barrier if proposed requirement is to provide proposed rule states that airlines may doing so would obstruct the visibility of passengers with accurate information use the Access Board’s advisory exit signs. about the types of accessibility features guidelines for technical assistance in C. Training and Information that will be available on the aircraft, so furnishing an OBW that meets the Department’s performance standards. In New proposed training and that passengers may plan their flights this way, the Department intends to information requirements are found in appropriately. Third, the Department proposes to encourage innovation while also § 382.63(h). These requirements largely require airlines to remove the providing a specific example of how to reflect the provisions of the Committee’s International Symbol of Accessibility comply with the proposed rule. Term Sheet. They apply to airlines from new and in-service aircraft that are Under the proposed rule, OBWs operating aircraft with an FAA- equipped with lavatories that are not meeting the new standards must be certificated maximum capacity of capable of facilitating a seated installed on new single-aisle aircraft greater than 60 seats (i.e., airlines that independent transfer (i.e., a transfer with an FAA-certificated maximum do not qualify as small businesses under from an OBW to the toilet seat without capacity of 125 seats or more that enter 14 CFR 399.73). The training and requiring the use of an assistant).58 service 3 years after the effective date of information requirements would apply During the ACCESS Advisory the final rule.60 The Department seeks to the airlines’ operations generally, not Committee’s deliberations, advocates comment on whether aircraft with fewer to the operation of any specific aircraft. noted that the symbol appeared on than 125 seats tend to be used for Consistent with the Term Sheet, these certain lavatories where it was unclear shorter-haul flights, and whether or not provisions would apply three years after what features, if any, made the lavatory such aircraft should be excluded from the effective date of the final rule. accessible. This proposed rule would the new OBW requirements. First, the proposed rule would require provide greater consistency regarding The proposed rule would require the airlines to train flight attendants to the use of the symbol. OBW design to enable the OBW to proficiency on proper procedures for Finally, the Department proposes to completely enter the lavatory in a providing assistance to qualified require airlines to develop and, on backward orientation. Specifically, the individuals with disabilities to and from request, inform passengers about their rule would require the OBW to fit over 55 the lavatory from the aircraft seat. procedures for disposing of sharps and the closed toilet lid in a manner that Such training would include hands-on bio-waste. It is reasonable to expect that permits the lavatory door to close training on the retrieval, assembly, as lavatories on single aisle aircraft completely. It is anticipated that the stowage, and use of the aircraft’s OBW, become more accessible, they may be attendant would push the OBW and training regarding the accessibility backward into the lavatory by means of 56 features of the lavatory. Consistent implement the Term Sheet to the extent that it handles on the front of the OBW. After suggests that flight attendants must be trained with the OBW is situated over the closed 55 Airlines are already required to train their respect to any ‘‘assembly or modifications’’ of the personnel to proficiency on the airline’s procedures lavatory’s accessibility features. Such a provision toilet lid, the door would be closed and concerning the provision of air travel to passengers would be, in our view, both unclear and the passenger would be able to perform with a disability, including the proper and safe unnecessary. In our view, it is appropriate to non- lavatory functions in operation of any equipment used to accommodate generally mandate that flight attendants are trained privacy. It is the tentative view of the passengers with a disability. 14 CFR on the accessibility features of the lavatory. We 382.141(a)(1)(ii). solicit comment on whether the training Department that these OBW features 56 The Term Sheet states: ‘‘You must train flight requirements should track the Term Sheet more would substantially improve attendants to proficiency on an annual basis to closely or should be otherwise modified. accessibility for passengers who, at provide assistance in transporting qualified 57 Term Sheet 1(b). present, cannot enter the lavatory from individuals with disabilities to and from the 58 Removal of the international symbol is the only existing OBWs. lavatory from the aircraft seat, including hands-on proposed rule that would apply to existing in- training on the use of any new DOT-required on- service lavatories, and to lavatories on aircraft with board wheelchair, and with respect to any assembly and FAA-certificated maximum capacity of fewer 59 This provision is based on paragraph 2h of the or modifications to the accessibility features of the than 125 seats. The Term Sheet uses the term Term Sheet. The Term Sheet placed the sharps/ lavatory or on-board wheelchair.’’ The proposed ‘‘seated independent transfer’’ without further biowaste provision within the section of the rule is broader than the Term Sheet to the extent defining the term. We believe that the definition agreement relating to the lavatory interior. In our that it clarifies training must be provided on the provided in the rule text accurately reflects the view it is most appropriately seen as a provision retrieval and stowage of the OBW, along with its meaning of ‘‘seated independent transfer,’’ but we relating to information and training. assembly and use. The proposed rule does not seek comment on that issue. 60 See Term Sheet 4A.

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The proposed rule would also require components. The OBW would also be Under paragraph (g) of this proposed that the OBW design enable it at a required to have arm supports that are rule, and in keeping with the ACCESS minimum to partially enter the lavatory sufficient to facilitate transfers; arm Advisory Committee’s Term Sheet, an in a forward orientation. The purpose of supports that are repositionable to airline would not be responsible for the this provision is to facilitate a stand- permit unobstructed transfers between failure of third parties to furnish an and-pivot maneuver from the OBW to the OBW and the aircraft seat; torso and OBW that complies with these proposed the toilet seat, for passengers who are leg restraints to ensure stability and standards, so long as the airline notifies able to do so. With a stand-and-pivot prevent injury; as well as a unitary foot and substantiates to the Department the maneuver, the passenger would support that would provide adequate efforts it expended to obtain compliant partially enter the lavatory by means of clearance over the lavatory threshold OBWs. The Department recognizes that, the OBW, stand up, and pivot 180 and also allow for an unobstructed at present, no commercially available degrees to reach the toilet seat. Grab transfer between the OBW and the OBW exists that permits backward bars and/or visual barriers may be lavatory. Under the proposed rule, passage into an aircraft lavatory, and necessary to complete a stand-and- restraints must be operable by the that while airlines may seek to procure pivot. We seek comment on the ways passenger in order to permit the an OBW that meets the Department’s that an OBW can be best designed to passenger the option to adjust the performance standards, airlines do not facilitate forward entry and a stand-and- restraints unassisted. Finally, the rule design or produce OBWs themselves. pivot maneuver. would require the OBW to have The Department seeks comment on The next set of proposed rules relates instructions prominently displayed for whether there should be a deadline for to safety. In drafting these proposed proper use. an airline to notify the Department that performance standards, the Department The Department seeks comment on the airline has expended its efforts to considered the features that the Access these features, including their costs, obtain compliant OBWs. If so, how Board has identified as necessary to benefits, and necessity. We also seek many days after an airline becomes ensure passenger safety. The proposed comment on whether additional features aware of such commercial unavailability rule would require that the height of the are necessary (for example, whether (e.g., 30 days) would be appropriate for OBW seat must align with the height of specific performance standards should airlines to notify the Department? The the aircraft seat to the maximum extent be required with respect to minimum Department also recognizes the practicable, in order to permit a safe load weight), along with their costs and uncertainties surrounding the issue of transfer between the OBW and the benefits. whether OBWs meeting the aircraft seat.61 The rule would require Under paragraph (f) of this proposed Department’s new standards can fit the wheels of the OBW to lock in the rule, airlines would not be required to within existing OBW stowage spaces. direction of travel, in order to avoid modify aircraft interiors, including The intent of proposed paragraph (g) is lavatories and existing OBW stowage contact with aircraft seats and other to encourage innovation in meeting the spaces, in order to comply with these obstructions as it moves down the aisle. proposed standards by affirmatively OBW provisions. During negotiations, Any other moving parts of the onboard requiring airlines to engage in airlines and aircraft manufacturers wheelchair would need to be capable of reasonable efforts to obtain compliant expressed concern about the costs of being secured such that they do not OBWs from third parties. The altering the interior spaces of the aircraft move while the occupied onboard Department seeks comment on whether to accommodate a newly designed wheelchair is being maneuvered. The the ‘‘reasonable efforts’’ clause is the OBW. These provisions reflect those wheels would also be required to lock most appropriate means of reaching the concerns. Like the other improvements in place so as to provide stability during overarching goal of ensuring that OBWs to the lavatory interior, the OBW design transfers. When occupied for use, the would not require alteration of the with the new accessibility features are onboard wheelchair would be required interior space of the lavatory or the acquired. to not tip or fall in any direction under Finally, the proposed rule provides aircraft generally. normal operating conditions. The Department seeks comment on all that if an airline replaces an OBW on an The OBW would be required to have aspects of this critical issue of OBW aircraft with an FAA-certificated a padded seat and backrest, in order to stowage space. Specifically, the maximum capacity of 125 seats or more preserve skin integrity, and to prevent Department seeks further data regarding: three years after the effective date of the spasticity and injury. We specifically (1) The folded dimensions of OBWs rule, then the replacement OBW must seek comment on whether the proposed currently in use on single-aisle aircraft; comply with DOT’s new OBW rule text adequately conveys the degree (2) the locations and dimensions of standards. That provision is reflected in of back support and seat support current OBW stowage spaces; and (3) § 382.65(h). necessary to properly accommodate the feasibility of designing and Regulatory Analyses and Notices passengers with disabilities, and if not, constructing an OBW that meets the whether additional standards should be listed performance standards, A. Executive Order 13771 (Reducing specified. For example, should the text particularly including the ability to Regulation and Controlling Regulatory further indicate that the seat and enter the lavatory in a backward Costs), Executive Order 12866 backrest must be ‘‘firm’’ or ‘‘solid?’’ orientation, while fitting into the (Regulatory Planning and Review), The rule would also require the OBW existing OBW stowage space for that Executive Order 13563 (Improving to be free of sharp or abrasive aircraft. The Department also seeks Regulation and Regulatory Review), and comment on an alternative proposal: DOT Order 2100.6 (Policies and 61 Depending on the nature and extent of the Procedures for Rulemakings) passenger’s disability, it may be necessary for the Whether to require OBWs to meet the passenger’s seat to have a movable aisle armrest. new performance standards set forth in This proposed rule is a significant The Department believes that its existing rules this NPRM even if stowage space must regulatory action under section 3(f) of relating to movable aisle armrests (14 CFR 382.61 be expanded to accommodate the OBW. E.O. 12866 (58 FR 51735, October 4, and 382.81–87) are sufficient to ensure that 1993), ‘‘Regulatory Planning and passengers who require a movable aisle armrest are The Department seeks comment on the accommodated; however, the Department seeks costs of expanding OBW stowage spaces Review,’’ as supplemented by E.O. comment on this issue. to meet these performance standards. 13563 (76 FR 3821, January 21, 2011),

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‘‘Improving Regulation and Regulatory rule has been reviewed by the Office of estimated costs of this proposed rule Review.’’ The Department made this Management and Budget (OMB). This can be found in the rule’s economic determination by finding that, although proposed rule is issued consistent with analysis. the economic effects of this proposed the policies and procedures governing The Department has conducted a regulatory action would not exceed the the development and issuance of preliminary regulatory impact analysis $100 million annual threshold defined regulations by the Department found in (PRIA) in support of the NPRM. With by E.O. 12866, the proposed rule is DOT Order 2100.6, ‘‘Policies and significant because of the rule’s Procedures for Rulemakings’’ (December respect to accessible lavatories, the total substantial public interest in accessible 20, 2018). This proposed rule is estimated costs and benefits of the transportation for individuals with expected to be a regulatory action under proposed rule are as follows: disabilities. Accordingly, this proposed Executive Order 13771. Details on the

TABLE 1—COST SUMMARY OF THE LAVATORY ACCESSIBILITY AND OBW PROVISIONS

Discounted at Discounted at Annualized 14 CFR Regulatory topic 7 percent 3 percent 25-year cost Benefits

§ 382.63 ...... Lavatory Accessibility ...... $21,353,264 $36,522,224 $1,832,334 Not Quantified. § 382.65 ...... OBW ...... 2,523,364 2,621,359 216,531 Not Quantified.

Total ...... Total ...... 22,876,628 39,143,583 2,048,866 Not Quantified.

Benefits are expected to include important to note that the PRIA pound payload capacity).63 This rule ensuring the comfort, privacy, dignity, estimated the costs of compliance with applies only to carriers that operate and civil rights of passengers with the Access Board’s technical standards, aircraft with FAA-certificated maximum disabilities by improving their ability to not the costs of compliance with the capacity of more than 60 seats. The access the lavatory and its facilities on more generalized performance standards Department hereby certifies that this long flights so as to perform personal in this NPRM. The PRIA noted certain rule would not have a significant functions in privacy. Passengers who key uncertainties of its OBW analysis, economic impact on a substantial are expected to benefit from the including but not limited to: (1) The number of small entities. proposed rule include passengers difficulties in comparing the potential C. Executive Order 13132 (Federalism) currently unable to use lavatories on benefits of the new OBW design to an single-aisle aircraft because of a existing baseline; (2) whether OBW This NPRM has been analyzed in disability. Passengers with visual manufacturers are willing and able to accordance with the principles and impairments will benefit from the manufacture an OBW with an over-the- criteria contained in Executive Order requirement that controls be discernible toilet design; (3) the ability of any OBW 13132 (‘‘Federalism’’). This NPRM does through the sense of touch. Non- with over-the-toilet positioning to fit not include any provision that: (1) Has ambulatory passengers are expected to within existing FAA stowage spaces; substantial direct effects on the States, benefit from the safety improvements to and (4) uncertainties regarding the the relationship between the national the OBW. In general, passengers with reasonable weight load for an OBW, government and the States, or the disabilities will benefit from the given constraints such as the width of distribution of power and provision requiring airlines to provide the aircraft aisle. Bearing these responsibilities among the various accurate information about the uncertainties in mind, the PRIA levels of government; (2) imposes accessibility of the aircraft lavatory. estimates the costs of developing substantial direct compliance costs on The PRIA provided a cost estimate for compliant OBWs to be $2.7 million proposed § 382.63 (lavatory interiors, State and local governments; or (3) undiscounted ($2.5 million discounted retrofitting, and information/training.) preempts State law. States are already at 7% and $2.6 million discounted at The improvements to lavatory interiors preempted from regulating in this area 3%). These costs are largely related to are estimated to cost approximately by the Airline Deregulation Act, 49 design, and not to manufacturing. The $1,000 per lavatory (collectively, $1.7 U.S.C. 41713. Therefore, the Department’s complete PRIA with more million discounted at 7% and $2.9 consultation and funding requirements details on the economic analysis may be million discounted at 3%.) By far the of Executive Order 13132 do not apply. found in the rulemaking docket. The largest estimated cost component for Department seeks comment on all D. Executive Order 13175 § 382.63 is the cost of training flight elements of this PRIA. attendants to proficiency with respect to This NPRM has been analyzed in the operation of the OBW. These costs B. Regulatory Flexibility Act accordance with the principles and are estimated at $19.6 million criteria contained in Executive Order discounted at 7%, and $33.6 million The Regulatory Flexibility Act (5 13175 (‘‘Consultation and Coordination discounted at 3%. In general, other costs U.S.C. 601 et seq.) requires an agency to with Indian Tribal Governments’’). related to proposed § 382.63 are review regulations to assess their impact Because this NPRM does not estimated to be minimal.62 on small entities unless the agency significantly or uniquely affect the The PRIA also estimated costs for determines that a rule is not expected to communities of the Indian Tribal improvements to the OBW. It is have a significant economic impact on governments or impose substantial a substantial number of small entities. A direct compliance costs on them, the 62 The PRIA refers to the information and training direct air carrier or foreign air carrier is funding and consultation requirements measures as appearing within § 382.63(f); they now a small business if it provides air of Executive Order 13175 do not apply. appear in § 382.63(h). Similarly, the PRIA refers to transportation only with small aircraft lavatory interior improvements as appearing within § 382.63(h); they now appear in § 382.63(f). (i.e., aircraft with up to 60 seats/18,000- 63 See 14 CFR 399.73.

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E. Paperwork Reduction Act List of Subjects in 14 CFR Part 382 leakage of fluids from the lavatory floor and trip hazards during an emergency The Paperwork Reduction Act of 1995 Lavatories; Single-aisle aircraft; Onboard wheelchairs. evacuation. (PRA) (44 U.S.C. 3501 et seq.) requires (6) Toe clearance must not be reduced For the reasons discussed in the that DOT consider the impact of from current measurements. preamble, the Department proposes to paperwork and other information (7) The aircraft must include a visual amend 14 CFR part 382 as follows: collection burdens imposed on the barrier that must be provided upon public and, under the provisions of PRA PART 382—NONDISCRIMINATION ON request of a passenger with a disability. section 3507(d), obtain approval from THE BASIS OF DISABILITY IN AIR The barrier must provide passengers OMB for each collection of information TRAVEL with disabilities using the lavatory (with it conducts, sponsors, or requires the lavatory door open) a level of through regulations. This rule adopts ■ 1. The authority citation for part 382 privacy substantially equivalent to that new information collection is revised to read as follows: provided to ambulatory users. requirements subject to the PRA. The Authority: 49 U.S.C. 40113(a); 41702, (g) You are not required to retrofit Department will publish a separate 41705, 41712, and 41310; FAA Extension, cabin interiors of existing single-aisle notice in the Federal Register inviting Safety, and Security Act of 2016, section aircraft to comply with the requirements OMB, the general public, and other 2108. of paragraph (f) of this section. Federal agencies to comment on the However, if you replace a lavatory on a new and revised information collection Subpart E—Accessibility of Aircraft single-aisle aircraft after [DATE THREE requirements contained in this YEARS AFTER THE EFFECTIVE DATE ■ 2. In § 382.63, add the phrase ‘‘not document. As prescribed by the PRA, OF THE FINAL RULE], you must covered in paragraph (f) of this section’’ the requirements will not go into effect replace it with a lavatory complying after the word ‘‘aircraft’’ in paragraph with the requirements of paragraph (f) of until OMB has approved them and the (b), and add paragraphs (f), (g), and (h) this section. Under this paragraph (g), a Department has published a notice to read as follows: announcing the effective date of the lavatory is not considered replaced if it information collection requirements. § 382.63 What are the requirements for is removed for specified maintenance, accessible lavatories? safety checks, or any other action that F. Unfunded Mandates Reform Act * * * * * results in returning the same lavatory The Department has determined that (f) As a carrier, you must ensure that into service. For retrofit lavatories, there the requirements of Title II of the all new single-aisle aircraft that you shall be no requirement to install a Unfunded Mandates Reform Act of 1995 operate with an FAA-certificated visual barrier if doing so will obstruct the visibility of exit signs. do not apply to this rulemaking. maximum seating capacity of 125 or more that are delivered on or after (h) As a carrier operating at least one G. National Environmental Policy Act [DATE THREE YEARS AFTER THE aircraft with an FAA-certificated EFFECTIVE DATE OF THE FINAL maximum seating capacity of 60 or The Department has analyzed the RULE] and on which lavatories are more, you must comply with the environmental impacts of this proposed provided shall include at least one following requirements: action pursuant to the National lavatory that meets the following (1) You must train flight attendants to Environmental Policy Act of 1969 specifications: proficiency on an annual basis to (NEPA) (42 U.S.C. 4321 et seq.) and has (1) Grab bars must be provided and provide assistance in transporting determined that it is categorically positioned as required to meet the needs qualified individuals with disabilities to excluded pursuant to DOT Order of individuals with disabilities. and from the lavatory from the aircraft 5610.1C, Procedures for Considering (2) Lavatory faucets must have seat. Such training shall include hands- Environmental Impacts (44 FR 56420, controls with tactile information on training on the retrieval, assembly, Oct. 1, 1979). Categorical exclusions are concerning temperature. Alternatively, stowage, and use of the aircraft’s actions identified in an agency’s NEPA carriers may comply with this onboard wheelchair, and regarding the implementing procedures that do not requirement by ensuring that lavatory accessibility features of the lavatory. normally have a significant impact on water temperature is adjusted to (2) You must provide information, on the environment and therefore do not eliminate the risk of scalding for all request, to qualified individuals with a require either an environmental passengers. Automatic or hand-operated disability or persons making inquiries assessment (EA) or environmental faucets shall dispense water for a on their behalf concerning the impact statement (EIS). See 40 CFR minimum of five seconds for each accessibility of aircraft lavatories. This 1508.4. In analyzing the applicability of application or while the hand is below information must also be available on a categorical exclusion, the agency must the faucet. the carrier’s website, and in printed or also consider whether extraordinary (3) Attendant call buttons and door electronic form on the aircraft, circumstances are present that would locks must be accessible to an including picture diagrams of warrant the preparation of an EA or EIS. individual seated within the lavatory. accessibility features in the lavatory and Id. Paragraph 3.c.6.i of DOT Order (4) Lavatory controls and dispensers the location and usage of all controls 5610.1C categorically excludes must be discernible through the sense of and dispensers. ‘‘[a]ctions relating to consumer touch. Operable parts within the (3) You must remove or conceal the protection, including regulations.’’ This lavatory must be operable with one International Symbol of Accessibility rulemaking concerns civil rights hand and must not require tight from new and in-service aircraft protection for individuals with grasping, pinching, or twisting of the equipped with lavatories that are not disabilities. The Department does not wrist. capable of facilitating a seated anticipate any environmental impacts, (5) The lavatory door sill must independent transfer (i.e., a transfer and there are no extraordinary provide minimum obstruction to the from an onboard wheelchair to the toilet circumstances present in connection passage of the onboard wheelchair seat without requiring the use of an with this rulemaking. across the sill while preventing the assistant).

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(4) You must develop and, upon (8) The onboard wheelchair must SUMMARY: This proposed rule would request, inform passengers of trash have arm supports that are sufficiently establish a new part in the Code of disposal procedures and processes for structurally sound to permit transfers Federal Regulations to address how sharps and bio-waste. and repositionable so as to allow for Alaska Native entities may become (5) You must comply with the unobstructed transfers; adequate back acknowledged as an Indian Tribe provisions of this paragraph (h) by support; torso and leg restraints that are pursuant to the Alaska Amendment to [DATE THREE YEARS AFTER THE adequate to prevent injury during the Indian Reorganization Act. This EFFECTIVE DATE OF THE FINAL transport; and a unitary foot support proposed rule would not affect the RULE]. that provides sufficient clearance to status of Tribes that are already ■ 3. In § 382.65, add paragraphs (e), (f), traverse the threshold of the lavatory federally recognized. (g), and (h) as follows: and is repositionable so as to allow for DATES: Comments are due by March 2, unobstructed transfer. All restraints 2020. Consultation and public meetings § 382.65 What are the requirements must be operable by the passenger. concerning on-board wheelchairs? will be held January 28 and 30, and (9) The onboard wheelchair must February 6, 2020 (see section IV of this * * * * * prominently display instructions for preamble for additional information). (e) As a carrier, you must ensure that proper use. all new single-aisle aircraft that you (f) You are not required to expand the ADDRESSES: You may send comments, operate with an FAA-certificated existing FAA-certificated onboard identified by RIN number 1076–AF51 maximum seating capacity of 125 or wheelchair stowage space of the aircraft, by any of the following methods: more that are delivered on or after or modify the interior arrangement of • Federal eRulemaking Portal: http:// [DATE THREE YEARS AFTER THE the lavatory or the aircraft, in order to www.regulations.gov. Follow the EFFECTIVE DATE OF THE FINAL comply with this section. instructions for sending comments. RULE] and on which lavatories are (g) You are not responsible for the • Email: [email protected]. provided include an onboard failure of third parties to develop and Include RIN number 1076–AF51 in the wheelchair meeting the requirements of deliver an onboard wheelchair that subject line of the message. this section. The Access Board complies with a requirement set forth in • Mail or Hand-Delivery/Courier: published nonbinding technical paragraph (e) of this section so long as Office of Regulatory Affairs & assistance titled, ‘‘Advisory Guidelines you notify and demonstrate to the Collaborative Action—Indian Affairs for Aircraft Onboard Wheelchairs,’’ for Department at the address cited in (RACA), U.S. Department of the Interior, compliance with these requirements. § 382.159 that an onboard wheelchair 1849 C Street NW, Mail Stop 4660, (1) The onboard wheelchair must be meeting that requirement is unavailable Washington, DC 20240. maneuverable both forward and despite your reasonable efforts. All submissions received must backward through the aircraft aisle by (h) If you replace an onboard include the Regulatory Information an attendant. wheelchair on aircraft with an FAA- Number (RIN) for this rulemaking (RIN (2) The onboard wheelchair must be certificated maximum seating capacity 1076–AF51). All comments received maneuverable in a forward orientation of 125 or more after [DATE THREE will be posted without change to http:// partially into at least one aircraft YEARS AFTER THE EFFECTIVE DATE www.regulations.gov, including any lavatory to permit transfer from the OF THE FINAL RULE], then you must personal information provided. onboard wheelchair to the toilet. replace it with an onboard wheelchair FOR FURTHER INFORMATION CONTACT: (3) The onboard wheelchair must be that meets the standards set forth in Elizabeth Appel, Director, Office of maneuverable into the aircraft lavatory paragraph (e) of this section. Regulatory Affairs & Collaborative in a backward orientation to permit Issued this 16th day of December, 2019, in Action, (202) 273–4680; positioning over the toilet lid without Washington, DC, under authority delegated [email protected]. protruding into the clear space needed in 49 CFR 1.27(n). SUPPLEMENTARY INFORMATION: to completely close the lavatory door. Steven G. Bradbury, I. Executive Summary (4) The height of the onboard General Counsel. wheelchair seat must align with the II. Background [FR Doc. 2019–27631 Filed 12–31–19; 8:45 am] A. Alaska IRA height of the aircraft seat so as to BILLING CODE 4910–9X–P B. Implementation of Alaska IRA facilitate a safe transfer between the C. Tribal Input on the Department’s onboard wheelchair seat and the aircraft Implementation of the Alaska IRA seat. 1. Need for an Alaska-Specific Regulatory (5) The onboard wheelchair must DEPARTMENT OF THE INTERIOR Process have wheels that lock in the direction of 2. No Effect on the Status of Tribes Who travel, and that lock in place so as to Bureau of Indian Affairs Are Currently Federally Recognized permit safe transfers. Any other moving 3. Consideration of Pending Petitions 25 CFR Part 82 III. Summary of Proposed Rule parts of the onboard wheelchair must be A. Subpart A—General Provisions capable of being secured such that they [192A2100DD/AAKC001030/ 1. Definitions do not move while the occupied A0A501010.999900 253G] 2. Scope and Applicability onboard wheelchair is being B. Subpart B—Criteria for Federal maneuvered. RIN 1076–AF51 Acknowledgment (6) When occupied for use, the 1. Evaluation of the Mandatory Criteria onboard wheelchair shall not tip or fall Procedures for Federal 2. Criteria for Federal Acknowledgment in any direction under normal operating Acknowledgment of Alaska Native C. Subpart C—Process for Federal conditions. Entities Acknowledgment IV. Tribal Consultation and Public Meeting (7) The onboard wheelchair must AGENCY: Bureau of Indian Affairs, Sessions have a padded seat and backrest, and Interior. V. Procedural Requirements must be free of sharp or abrasive ACTION: Proposed rule. A. Regulatory Planning and Review (E.O. components. 12866)

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