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Statement of Need: This rulemaking action would examine whether the Department should require carriers to provide in-flight medical oxygen, captioning on in-flight entertainment (IFE) systems, and accessible lavatories on single-aisle aircraft to provide individuals with disabilities greater access to air travel. Currently, few airlines make in-flight medical oxygen available to passengers and as a result individuals who are dependent on medical oxygen but cannot use portable oxygen concentrators are having difficulty traveling by air. Also, passengers who are deaf or hard-of-hearing have strongly advocated for captioning of IFE systems, arguing that the in-flight entertainment that is available to other passengers should also be available to them. Lavatories on single-aisle aircraft have also become a matter of interest to the Department as more and more single-aisle aircraft are used for longer flights and the absence of accessible lavatories makes travel difficult for passengers with disabilities. This rulemaking action will also address whether to amend the existing regulation, which allows airlines to require users of psychiatric and emotional support service animals to provide documentation and advance notice of their planned travel with a service animal. An advocacy group representing users of psychiatric service dogs has filed a petition for rulemaking stating that the notice and medical documentation requirements stigmatize and discriminate against people with mental disabilities, and asking that it be repealed.

Summary of the Legal Basis: This legal basis for the proposed rule is the Air Carrier Access Act (ACAA), which prohibits discrimination in airline service on the basis of disability.

Alternatives: Regulatory alternatives will be developed and the public will be afforded an opportunity to provide comments when the Department publishes the proposed rule in the Federal Register.

Anticipated Costs and Benefits: Estimates of costs and benefits are under development.

Risks: N/A