[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64893-64896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24980]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 86, No. 221 / Friday, November 19, 2021 / 
Notices  

[[Page 64893]]



ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

[Docket No. ATBCB-2019-0002]


Advisory Guidelines for Aircraft Onboard Wheelchairs; Reopening 
of Comment Period; Notice of Public Meeting

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Reopening of comment period; notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board or Board), jointly with the U.S. Department of 
Transportation (DOT), is hosting a virtual public meeting to obtain 
further information on the Access Board's proposed advisory guidelines 
for aircraft onboard wheelchairs (OBW) issued on August 20, 2019, and 
the portion of DOT's notice of proposed rulemaking (NPRM) issued on 
January 2, 2020 that relates to OBW performance standards. DOT's 
January 2, 2020 NPRM proposed OBW performance standards as one of 
various measures for improving accessibility of lavatories on single-
aisle aircraft for passengers with disabilities. The Board's draft 
advisory guidelines provided technical specifications for an OBW that 
would serve as one means of complying with DOT's proposed performance 
standards for OBW. This public meeting will serve as a forum for the 
Access Board and DOT to jointly gather additional information on their 
respective proposed OBW advisory guidelines and proposed OBW 
performance standards. A proposed rule from DOT relating to this public 
meeting and reopening of the comment period on its NPRM containing OBW 
performance standards is published elsewhere in this issue of the 
Federal Register.

DATES: 
    Public Comments: The comment period on the Board's draft advisory 
guidelines on OBW published at 84 FR 43100 (Aug. 20, 2019) is reopened 
for supplemental comments from December 16, 2021 (i.e., date of public 
meeting) to January 17, 2022.
    Public meeting: December 16, 2021, 9:30 a.m. to 11:30 a.m. and 1 
p.m. to 3 p.m., Eastern Time.
    Public attendance and testimony: Requests to attend the meeting 
must be received by December 9, 2021. Communication access real-time 
translation and sign language interpretation will be provided, but 
requests for additional accommodations because of a disability must be 
received by December 9, 2021. If you wish to present oral testimony 
during the meeting, you must submit a request by December 9, 2021. 
Requests to submit written materials to be reviewed during the meeting 
must be received no later than December 9, 2021.

ADDRESSES: 
    Public Meeting: Requests to attend the meeting must be submitted to 
https://usdot.zoomgov.com/webinar/register/WN_8PChAZcLQsmDm1xathLEjw. 
Requests for additional accommodations because of a disability must be 
submitted to [email protected]. Requests to submit written 
materials to be reviewed during the meeting must be submitted to 
[email protected]. If you wish to speak during the meeting, you 
must submit a request to DOT at [email protected]. The virtual 
meeting will be open to the public, subject to any technical and/or 
capacity limitations, and held via the Zoom Webinar Platform. Virtual 
attendance information will be provided upon registration. An agenda 
will be provided to registered participants and placed in the docket in 
advance of the meeting.
    Public Comments: You may submit comments, identified by docket 
number (ATBCB-2019-0002), by any of the following methods:
     Federal rulemaking Portal: https://www.regulations.gov/. 
Follow the instructions for submitting comments.
     Email: board.gov">docket@access-board.gov. Include docket number 
ATBCB-2019-0002 in the subject line of the message.
     Mail: Office of Technical and Information Services, U.S. 
Access Board, 1331 F Street NW, Suite 1000, Washington, DC 20004-1111.
    Instructions: All submissions must include the docket number 
(ATBCB-2019-0002) for this regulatory action. All comments received 
will be posted without change to https://www.regulations.gov/, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov/document/ATBCB-2019-0002-0001.

FOR FURTHER INFORMATION CONTACT: To register and attend this virtual 
meeting, please contact DOT at: https://usdot.zoomgov.com/webinar/register/WN_8PChAZcLQsmDm1xathLEjw. For further information, contact 
Wendy Marshall of the Access Board by email at board.gov">marshall@access-board.gov or by phone at 202-272-0043. You may also contact Robert 
Gorman, DOT Senior Attorney, by email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In April 2016, DOT established and appointed members to the 
Advisory Committee on Accessible Air Transportation (ACCESS Advisory 
Committee or Committee) to negotiate and develop proposed regulations 
addressing, among other things, accessible lavatories on single-aisle 
aircraft.\1\ During the first meeting, DOT committed to the Committee 
that if it came to a consensus on the terms of a proposed rule and the 
Department does not cast a dissenting vote on the consensus product, 
DOT would exercise good faith efforts to issue a proposed rule 
reflecting that consensus to the extent possible. The Committee 
gathered data, conducted meetings and site visits, and engaged in 
negotiations from May 2016 through November 2016.
---------------------------------------------------------------------------

    \1\ A full list of ACCESS Advisory Committee members and other 
information on the Committee may be found at https://www.transportation.gov/access-advisory-committee ; see also https://www.regulations.gov/docket?D=DOT-OST-2015-0246 (ACCESS Advisory 
Committee docket).
---------------------------------------------------------------------------

    On November 22, 2016, the ACCESS Advisory Committee reached 
consensus on recommendations for new regulatory proposals to improve 
the accessibility of lavatories on single-aisle aircraft and the 
Department does not cast a dissenting

[[Page 64894]]

vote.\2\ The accessible lavatory Term Sheet included agreements for 
both short-term and long-term accessibility improvements. The short-
term improvements would be required on new single-aisle aircraft 
delivered three years after the effective date of the DOT final rule 
that implements the agreement. The short-term improvements included a 
proposed requirement that single-aisle aircraft with 125 or more 
passenger seats would have at least one lavatory with a number of 
accessibility features, including accessible door locks, flush handles, 
call buttons, faucets, and assist handles. Single-aisle aircraft with 
125 or more passenger seats would also be required to include an OBW 
that: (1) Permits passage in the aircraft aisle; (2) fits within an 
available certificated OBW stowage space; and (3) accomplishes its 
functions without requiring modification to the interior arrangement of 
the aircraft or the lavatory. The Term Sheet called on the DOT to 
``consult with advocates, airlines, aircraft manufacturers, 
manufacturers of OBW, flight attendant association(s) and other 
stakeholders in developing these standards,'' and to ``include the 
proposed new standards for an OBW and replacement of OBW on existing 
aircraft as described above in its notice of proposed rulemaking.'' \3\
---------------------------------------------------------------------------

    \2\ https://www.transportation.gov/office-general-counsel/negotiated-regulations/final-resolution-access-committee.
    \3\ https://www.transportation.gov/sites/dot.gov/files/docs/Annex%20A.Lav_.Agreed%20Text.pdf.
---------------------------------------------------------------------------

    DOT determined that the most appropriate method for developing 
initial OBW design standards was to seek technical assistance from the 
Access Board, the federal agency that specializes in producing 
accessible design specifications for the built environment, 
transportation systems, information and communication technology, and 
medical diagnostic equipment.\4\ See 29 U.S.C. 792. In response to 
DOT's request, on August 20, 2019, the Access Board published in the 
Federal Register ``Proposed Advisory Guidelines for Aircraft Onboard 
Wheelchairs,'' and sought public comment.\5\ The Access Board's 
guidelines provide design criteria for onboard wheelchair seats, back 
support, armrests, footrests, movement, stowage, stability, loads, 
caster wheels, assist handles, and torso and leg restraints. These 
guidelines provided for the OBW to be backed fully into the lavatory 
and positioned over the closed toilet so that the lavatory door can be 
completely closed. The guidelines also provided for the OBW to be 
maneuvered partially into lavatories in a forward direction to allow 
users the option to make a stand-and-pivot transfer to the toilet.
---------------------------------------------------------------------------

    \4\ https://www.access-board.gov.
    \5\ See 84 FR 43100; https://www.federalregister.gov/documents/2019/08/20/2019-17873/advisory-guidelines-for-aircraft-onboard-wheelchairs. The Access Board's Docket for OBW standards is found at 
https://www.regulations.gov/docket?D=ATBCB-2019-0002.
---------------------------------------------------------------------------

    The Access Board held a public hearing on these advisory guidelines 
on September 12, 2019. In response to its proposed guidelines, the 
Access Board received over 40 comments from various interest groups and 
stakeholders, including people with disabilities, advocacy groups, 
aircraft manufacturers, trade associations, manufacturers of onboard 
wheelchairs, researchers, and others.\6\
---------------------------------------------------------------------------

    \6\ See Docket No. ATBCB-2019-0002 at https://www.regulations.gov/docket/ATBCB-2019-0002.
---------------------------------------------------------------------------

    On January 2, 2020, DOT published a notice of proposed rulemaking 
(NPRM) titled ``Accessible Lavatories on Single-Aisle Aircraft: Part 
1.'' \7\ This NPRM included proposals for short-term improvements to 
lavatory accessibility, including new proposed requirements for OBWs. 
In developing its own proposed rules for OBWs, DOT started with the 
Access Board's design-based guidelines and adapted them into more 
flexible performance standards. The performance standards were designed 
to allow manufacturers to find efficient and innovative means for 
meeting performance expectations. At the same time, the proposed rule 
states that airlines may use the Access Board's advisory guidelines for 
technical assistance in furnishing an OBW that meets the DOT's 
performance standards.
---------------------------------------------------------------------------

    \7\ See 85 FR 27; https://www.federalregister.gov/documents/2020/01/02/2019-27631/accessible-lavatories-on-single-aisle-aircraft-part-1.
---------------------------------------------------------------------------

    Under the proposed rule, OBWs meeting the new standards must be 
installed on new single-aisle aircraft with an FAA-certificated maximum 
capacity of 125 seats or more that enter service three years after the 
effective date of a final rule issued by DOT in this proceeding. The 
proposed rule would require the OBW to be designed in such a manner as 
to enable the OBW to completely enter the lavatory in a backward 
orientation. Specifically, the rule would require the OBW to fit over 
the closed toilet lid in a manner that permits the lavatory door to 
close completely. It is anticipated that the attendant would push the 
OBW backward into the lavatory by means of handles on the front of the 
OBW. After the OBW is situated over the closed toilet lid, the door 
would be closed and the passenger would be able to perform non-
toileting lavatory functions in privacy.
    The proposed rule would also require that the OBW be designed such 
that it could, at a minimum, partially enter the lavatory in a forward 
orientation. The purpose of this provision is to facilitate a stand-
and-pivot maneuver from the OBW to the toilet seat, for passengers who 
are able to do so. With a stand-and-pivot maneuver, the passenger would 
partially enter the lavatory by means of the OBW, stand up, and pivot 
180 degrees to reach the toilet seat.
    The proposed OBW rule also contained safety elements. For example, 
the rule would require that the height of the OBW seat must align with 
the height of the aircraft seat to the maximum extent practicable, in 
order to permit a safe transfer between the OBW and the aircraft seat. 
The rule would require the wheels of the OBW to lock in the direction 
of travel, in order to avoid contact with aircraft seats and other 
obstructions as it moves down the aisle. Any other moving parts of the 
OBW would need to be capable of being secured such that they do not 
move while the occupied onboard wheelchair is being maneuvered. The 
wheels would also be required to lock in place so as to provide 
stability during transfers. The OBW would be required not to tip or 
fall in any direction under normal operating conditions when occupied 
for use.
    The OBW would also be required to have a padded seat and backrest, 
in order to preserve skin integrity, and to prevent spasticity and 
injury.\8\ The rule would also require the OBW to be free of sharp or 
abrasive components. The OBW would also be required to have arm 
supports that are sufficient to facilitate transfers; arm supports that 
are repositionable to permit unobstructed transfers between the OBW and 
the aircraft seat; torso and leg restraints to ensure stability and 
prevent injury; as well as a unitary foot support that would provide 
adequate clearance over the lavatory threshold and also allow for an 
unobstructed transfer between the OBW and the lavatory. Under the 
proposed rule, restraints would be operable by the passenger in order 
to permit the passenger the option to adjust the restraints unassisted. 
Finally, the rule would require the OBW to have instructions 
prominently displayed for proper use.
---------------------------------------------------------------------------

    \8\ DOT specifically sought comment on whether the proposed rule 
text adequately conveys the degree of back support and seat support 
necessary to properly accommodate passengers with disabilities, and 
if not, whether additional standards should be specified.
---------------------------------------------------------------------------

    In keeping with the ACCESS Advisory Committee's Term Sheet, 
airlines would

[[Page 64895]]

not be required to modify aircraft interiors, including lavatories and 
existing OBW stowage spaces, in order to comply with these OBW 
provisions. DOT sought comment on all aspects of this critical issue of 
OBW stowage space. Specifically, DOT sought further data regarding: (1) 
The folded dimensions of OBWs currently in use on single-aisle 
aircraft; (2) the locations and dimensions of current OBW stowage 
spaces; and (3) the feasibility of designing and constructing an OBW 
that meets the listed performance standards, particularly including the 
ability to enter the lavatory in a backward orientation, while fitting 
into the existing OBW stowage space for that aircraft. DOT also sought 
comment on an alternative proposal: Whether to require OBWs to meet the 
new performance standards set forth in the NPRM even if stowage space 
must be expanded to accommodate the OBW. DOT sought comment on the 
costs of expanding OBW stowage spaces to meet these performance 
standards.
    Again, in keeping with the ACCESS Advisory Committee's Term Sheet, 
the proposed rule provided that an airline would not be responsible for 
the failure of third parties to furnish an OBW that complies with these 
proposed standards, so long as the airline notifies and substantiates 
to DOT the efforts it expended to obtain compliant OBWs. DOT recognized 
that, at present, no commercially available OBW exists that permits 
backward passage into an aircraft lavatory, and that while airlines may 
seek to procure an OBW that meets DOT's performance standards, airlines 
do not design or produce OBWs themselves.\9\
---------------------------------------------------------------------------

    \9\ DOT sought comment on whether there should be a deadline for 
an airline to notify DOT that the airline has expended its efforts 
to obtain compliant OBWs, and if so, how many days after an airline 
becomes aware of such commercial unavailability (e.g., 30 days) 
would be appropriate for airlines to notify DOT. DOT also recognized 
the uncertainties surrounding the issue of whether OBWs meeting 
DOT's new standards can fit within existing OBW stowage spaces. The 
intent of the proposal was to encourage innovation in meeting the 
proposed standards by affirmatively requiring airlines to engage in 
reasonable efforts to obtain compliant OBWs from third parties. DOT 
sought comment on whether the ``reasonable efforts'' clause is the 
most appropriate means of reaching the overarching goal of ensuring 
that OBWs with the new accessibility features are acquired.
---------------------------------------------------------------------------

    Finally, the proposed rule provided that if an airline replaces an 
OBW on an aircraft with an FAA-certificated maximum capacity of 125 
seats or more three years after the effective date of the rule, then 
the replacement OBW must comply with DOT's new OBW standards. DOT 
sought comment on all aspects of the OBW proposal, including costs, 
benefits, and feasibility.
    The comment period to the NPRM closed on March 2, 2020. DOT 
received relatively few comments about OBW design, and almost no 
comments that estimated the costs of developing or manufacturing an OBW 
that would comply with the standards set forth in the proposed rule. 
Certain disability advocates argued, among other things, that DOT's OBW 
standards should have tracked more closely the Access Board's design 
standards.\10\ Representatives of the airline industry contended that 
DOT failed to take into account considerations such as aviation safety 
and the impact on flight attendants of unpacking, using, and stowing 
the OBW while in flight.\11\ They also argued that DOT failed to 
adequately consult with stakeholders before issuing its OBW 
proposal.\12\ DOT received no comments from OBW manufacturers.
---------------------------------------------------------------------------

    \10\ See, e.g., Comment of Paralyzed Veterans of America, 
https://www.regulations.gov/comment/DOT-OST-2019-0180-0335, at 5.
    \11\ See, e.g., Comment of Airlines for America, https://www.regulations.gov/comment/DOT-OST-2019-0180-0337, at 2-3.
    \12\ Id.
---------------------------------------------------------------------------

Announcement of Public Meeting

    Under these circumstances, the Access Board and DOT are jointly of 
the view that it is appropriate to hold a public hearing to gather 
additional information on the OBW design from disability advocates, 
airlines, aircraft manufacturers, manufacturers of OBWs, flight 
attendant associations, and other stakeholders. Specifically, the 
Access Board seeks information on OBW loads and caster wheel size that 
will help it finalize its advisory guidelines for OBWs. DOT seeks 
comment on all aspects of OBW design before issuing any final binding 
regulation on the topic.

Questions Relating to Access Board's Proposed Voluntary Design 
Standards

    The Access Board is seeking additional information regarding OBW 
loads and OBW casters.

Onboard Wheelchair Loads

    The overall weight capacity or load of current OBW varies greatly 
and ranges from approximately 200 to 800 pounds. In trying to determine 
the appropriate load, the Access Board looked to its Guidelines for 
Aircraft Boarding Chairs (1987), which recommend that seats support at 
least 723 pounds (weight of a 99th percentile male with a 3.0 safety 
factor). See https://www.access-board.gov/research/completed-research/guidelines-for-aircraft-boarding-chairs. Using updated anthropometrics, 
the weight of a 99th percentile male with a 3.0 safety factor would be 
826 pounds. See Department of Health and Human Service Centers for 
Disease Control and Prevention's Anthropometric Reference Data for 
Children and Adults: United States, 2011-2014, Table 6, Line 1 (Aug. 
2016). However, the boarding chair (used to transfer passengers from 
their personal wheelchairs to the airplane seat) differs from the 
proposed OBW in that a boarding chair does not need to fold for storage 
on the aircraft or fit over the seat of a toilet in a cantilever 
design.
    The Board is not aware of existing industry standards for OBW that 
are designed to allow over-the-toilet positioning. In its proposed 
advisory guidelines, the Board reserved provisions for loads pending 
further information as to what loads are appropriate for an OBW design 
that accomplishes the proposed functions.
    The Board received comments from the public, including aircraft 
manufacturers, recommending that the Board's guidelines reference load 
specifications in SAE International's standard entitled, ``Foldable On-
Board Wheelchairs for Passengers with Disabilities,'' ARP 4120C 
(Stabilized 2013).'' The SAE standard specifies loads for onboard 
wheelchair seats, seat backs, arm and foot supports, wheels, and assist 
handles.
    Based on its review of the comments on the proposed guidelines, the 
Board is considering referencing the SAE International's standard for 
loads for seats (3.2.9.1), arm supports (3.2.9.3), foot support 
(3.2.9.4), casters (3.2.9.2), and assist handles of onboard wheelchairs 
(3.2.9.6). The Board seeks comment on whether the loads specified in 
the SAE International ARP 4120C Standard are appropriate for an onboard 
wheelchair design that allows the chair to be positioned over the 
closed lavatory toilet. SAE International has made these referenced 
provisions publicly available without cost (read-only, not for 
distribution) until the close of the comment period on January 17, 
2022, at: https://www.sae.org/binaries/content/assets/cm/content/standards/arp4120c_review.pdf.
    In addition to comments on loads stated in the above-referenced SAE 
International standard, the Access Board seeks information on 
alternative appropriate standards for OBW loads.

Onboard Wheelchair Casters (Size)

    The draft advisory guidelines require that caster wheels of onboard 
wheelchairs move independently to facilitate maneuvering within the 
confined space of aircraft aisles and

[[Page 64896]]

lavatories. For safety and stability, the guidelines also require each 
caster to have wheel locks and swivel locks. In its proposal, the Board 
sought comment on whether the guidelines should specify a minimum size 
for caster wheels so that they are large enough to readily traverse 
thresholds at lavatory entrances. Commenters recommended that the 
guidelines specify a performance requirement instead of a minimum 
caster size. However, the threshold at the lavatory entrance may 
significantly impact an assistant's ability to back the occupied OBW 
into the lavatory using the front assist handles and to pull it back 
out.
    The Access Board requests information on the minimum caster wheel 
diameter that would ensure stability of the occupied OBW and allow the 
chair to easily traverse the lavatory doorway threshold when propelled 
using solely the front assist handles. The Board also requests 
information on the standard height of lavatory thresholds on single-
aisle aircraft with 125 or more passenger seats.

Questions Relating to DOT's NPRM Regarding OBW Design

    In a notice published elsewhere in this issue of the Federal 
Register, DOT seeks further information on all aspects of its NPRM 
relating to OBW design, including but not limited to:
     Whether the proposed OBW design elements adequately 
address accessibility concerns;
     The cost and feasibility of designing, manufacturing, and 
implementing compliant OBWs;
     The cost of developing and implementing procedures for 
training crew in unloading, using, and stowing the OBW;
     The dimensions of current OBW stowage spaces in single-
aisle aircraft;
     Whether OBWs that meet DOT's proposed accessibility 
standards can be stowed in existing stowage spaces; and
     Aviation safety considerations relating to unloading, 
using, and stowing the OBW while in flight.

Invitation for the Submission of Additional Written Comments

    The Access Board encourages stakeholders, including disability 
advocates, airlines, aircraft manufacturers, manufacturers of OBWs, 
flight attendant associations, public meeting participants, and others 
to submit written comments to the regulatory docket on its proposed OBW 
advisory guidelines, oral testimony or written materials discussed at 
the public hearing, or related matters, during the supplemental period 
for comment from December 16, 2021 to January 17, 2022.

Gretchen Jacobs,
General Counsel.
[FR Doc. 2021-24980 Filed 11-18-21; 8:45 am]
BILLING CODE 8150-01-P