[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Proposed Rules]
[Pages 64836-64839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25000]


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DEPARTMENT OF TRANSPORTATION

14 CFR Part 382

[Docket No. DOT-OST-2019-0180]


Accessible Lavatories on Single-Aisle Aircraft: Part 1; Reopening 
of Comment Period and Public Meeting

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Notice of proposed rulemaking; reopening of comment period; 
public meeting; request for public comments.

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SUMMARY: The U.S. Department of Transportation (Department or DOT), 
jointly with the Architectural Transportation Barriers and Compliance 
Board (Access Board or Board), is hosting a public meeting, to be held 
virtually, on a DOT notice of proposed rulemaking (NPRM) issued on 
January 2, 2020, and on Access Board's proposed advisory guidelines for 
aircraft onboard wheelchairs issued on August 20, 2019. The NPRM 
proposed specific measures for improving accessibility of lavatories on 
single-aisle aircraft for passengers with disabilities. The public 
meeting will focus on one aspect of this NPRM--improvements to the 
aircraft's onboard wheelchair (OBW). The meeting will also serve as a 
means for the Access Board to gather additional information on onboard 
wheelchair loads and onboard wheelchair casters before finalizing its 
advisory guidelines for aircraft onboard wheelchairs, which potentially 
could be a means of complying with OBW performance standards 
established by the Department. A Notice relating to this joint public 
meeting and the Access Board's reopening of the comment period for its 
OBW guidelines is published elsewhere in this issue of the Federal 
Register.

DATES: 
    Public Comments--The comment period on the proposed rule published 
at 85 FR 27 (Jan. 2, 2020) is reopened from December 16, 2021 (date of 
public meeting) to January 17, 2022.
    Public Meeting--The virtual public meeting is scheduled for 
December 16, 2021, from 9:30 a.m. to 11:30 a.m. and from 1 p.m. to 3 
p.m., Eastern Time. 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. Requests to submit written materials to be reviewed during the 
meeting must also be received no later than December 9, 2021. If you 
wish to speak during the meeting, you must submit a request by December 
9, 2021. See below, ADDRESSES and FOR FURTHER INFORMATION CONTACT, for 
the point of contacts for these requests.

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 file comments identified by docket number 
DOT-OST-2019-0180 by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, West Building

[[Page 64837]]

Ground Floor, Room W12-140, Washington, DC 20590-0001.
     Fax: (202) 493-2251.
    Instructions: You must include the agency name and docket number 
DOT-OST-2019-0180 or the Regulatory Identification Number (RIN) for the 
rulemaking at the beginning of your comment. 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 and follow the 
online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: To register and attend this virtual 
meeting, please contact the Department at: https://usdot.zoomgov.com/webinar/register/WN_8PChAZcLQsmDm1xathLEjw. For further information, 
contact Robert Gorman, DOT Senior Attorney at [email protected] or 
202-366-9342. You may also contact Wendy Marshall of the Access Board 
by email at board.gov">marshall@access-board.gov.

SUPPLEMENTARY INFORMATION:

Background

    In April 2016, the Department 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, the Department 
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, the Department 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.
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    \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).
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    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 did not cast a dissenting 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 Department 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\
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    \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.
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    The Department determined that the most appropriate method for 
developing initial OBW design standards was to seek technical 
assistance from the Access Board.\4\ The Access Board is a Federal 
agency that specializes in producing accessibility guidelines and 
standards for the built environment, transportation systems, 
information and communication technology, and medical diagnostic 
equipment. 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.
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    \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.
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    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\
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    \6\ See Docket No. ATBCB-2019-0002 at https://www.regulations.gov/docket/ATBCB-2019-0002.
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    On January 2, 2020, the Department 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, 
the Department 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 Department's performance standards.
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    \7\ See 85 FR 27; https://www.federalregister.gov/documents/2020/01/02/2019-27631/accessible-lavatories-on-single-aisle-aircraft-part-1.
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    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 the Department 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 proposed 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

[[Page 64838]]

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 proposed 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 proposed 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 proposed 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 proposed rule would require the OBW to have 
instructions prominently displayed for proper use.
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    \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.
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    In keeping with the ACCESS Advisory Committee's Term Sheet, 
airlines would not be required to modify aircraft interiors, including 
lavatories and existing OBW stowage spaces, in order to comply with 
these OBW provisions. The Department sought comment on all aspects of 
this critical issue of OBW stowage space. Specifically, the Department 
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. The Department 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. The Department 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 the Department the efforts it expended to obtain compliant OBWs. The 
Department 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 the 
Department's performance standards, airlines do not design or produce 
OBWs themselves.\9\
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    \9\ The Department sought comment on whether there should be a 
deadline for an airline to notify the Department 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 the Department. The Department also recognized the 
uncertainties surrounding the issue of whether OBWs meeting the 
Department'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. The Department 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.
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    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. The 
Department 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. The 
Department 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 the Department's OBW standards should have tracked more 
closely the Access Board's design standards.\10\ Representatives of the 
airline industry contended that the Department 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 the Department failed to adequately 
consult with stakeholders before issuing its OBW proposal.\12\ The 
Department received no comments from OBW manufacturers.
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    \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.
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Announcement of Public Meeting

    Under these circumstances, the Department is of the view that it is 
appropriate to hold a public hearing to gather additional information 
on all aspects of OBW design before issuing any final binding 
regulation on the topic. The Department also finds that the public 
meeting will be an appropriate vehicle for the Access Board to gather 
additional information before it finalizes advisory guidelines for 
OBWs.

Questions Relating to DOT's NPRM Regarding OBW Design

    The Department 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

[[Page 64839]]

crew in unloading, using, and stowing the OBW;
     The dimensions of current OBW stowage spaces in single-
aisle aircraft;
     Whether OBWs that meet the Department'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.
    We specifically invite disability advocates, airlines, aircraft 
manufacturers, manufacturers of OBWs, flight attendant associations, 
and other stakeholders to participate in the public meeting. We also 
encourage stakeholders and participants to file written materials in 
the docket when the comment period reopens, which will be from December 
16, 2021 (date of public meeting) to January 17, 2022. The Department 
considers this public meeting, along with its prior actions in this 
matter, to satisfy the consultation provisions set forth in the ACCESS 
Advisory Committee's Term Sheet.

Questions Relating to Access Board's Proposed Voluntary Design 
Standards

    As stated earlier, the public meeting will also allow the Access 
Board to gather additional information regarding its advisory 
guidelines containing recommended dimensions and other technical 
specifications for a comfortable and functional aircraft onboard 
wheelchair. More specifically, the Access Board is seeking additional 
information regarding onboard wheelchair loads and onboard wheelchair 
casters.
Onboard Wheelchair Loads
    The overall weight capacity or load of current onboard wheelchairs 
varies greatly and ranges from approximately 200 to 800 pounds. In 
trying to determine the appropriate load, the Board looked to its 
Guidelines for Aircraft Boarding Chairs (1987), which recommends 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 a passenger from their personal wheelchair to the 
airplane seat) is different than the proposed onboard wheelchair, in 
that a boarding chair does not need to fold for storage on the aircraft 
or require a cantilever design.
    The Board is not aware of existing industry standards for onboard 
wheelchairs that are designed to allow over-the-toilet positioning. In 
its proposal, it reserved provisions for loads pending further 
information as to what loads are appropriate for an onboard wheelchair 
design that accomplishes the proposed functions.
    Comments from the public, including aircraft manufacturers, 
recommended that the Board's guidelines reference load specifications 
in standards issued by SAE International, ``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. These 
referenced provisions are publicly available (read-only, not for 
distribution) until the close of the comment period on January 17, 
2022, on SAE International's website at: https://www.sae.org/binaries/content/assets/cm/content/standards/arp4120c_review.pdf.
    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. Alternatively, what other loads should be 
specified?
Onboard Wheelchair Casters (Size)
    The guidelines require that caster wheels of onboard wheelchairs 
move independently to facilitate maneuvering within the confined space 
of aircraft aisles and 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 travers thresholds at lavatory entrances. 
Most commenters recommended that the guidelines specify a performance 
requirement instead of a minimum caster size. However, the impact of 
thresholds may be significant since the front assist handles will be 
used to back occupied onboard wheelchairs into lavatories and to pull 
them back out. What is the minimum caster wheel diameter that would 
ensure stability of the occupied onboard wheelchair and allow the chair 
to easily traverse the lavatory doorway threshold pushing it in and 
pulling it out of lavatories using only 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.

Viewing Documents

    You may view documents mentioned in this notice at https://www.regulations.gov. After entering the docket number (DOT-OST-2019-
0180), click the tab labeled ``Browse & Comment on Documents,'' and 
choose the document to review.

    Issued in Washington, DC, on or about this 9th day of November, 
2021.
John E. Putnam,
Deputy General Counsel, U.S. Department of Transportation.
[FR Doc. 2021-25000 Filed 11-18-21; 8:45 am]
BILLING CODE 4910-9X-P