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DOT/OST RIN: 2105-AE12 Publication ID: Fall 2011 
Title:+Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment Systems, Service Animals, and Accessible Lavatories on Single-Aisle Aircraft 
Abstract: This rulemaking is the one of two successive Air Carrier Access Act (ACAA) rulemakings that address issues raised in another rulemaking: RIN 2105-AD92. The second rulemaking is RIN 2105-AD96. This rulemaking action would consider (1) whether there are safety-related reasons for excluding service animals other than dogs that may be specific to foreign carriers; (2) whether the cost of requiring carriers to supply free in-flight medical oxygen would create an undue burden; and (3) whether providing high-contrast captioning on in-flight entertainment displays is technically and economically feasible. It would also address accessible lavatories on single-aisle aircraft and a rulemaking petition from the Psychiatric Service Dog Society to eliminate provisions allowing carriers to require documentation and 48 hours advance notice for users of psychiatric service animals, and miscellaneous service animal issues. After the public comment periods, we intend to consolidate the final decisions in this rulemaking and RIN 2105-AD96 into one document. 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 14 CFR 382 
Legal Authority: 49 USC 41702; 49 USC 41712; 49 USC 47105 
Legal Deadline:  None

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

Timetable:
Action Date FR Cite
Supplemental NPRM  06/00/2012   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Split from 2105-AD96 
Agency Contact:
Robert C Ashby
Deputy Assistant General Counsel for Regulation and Enforcement
Department of Transportation
Office of the Secretary
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202-366-4723
TDD Phone:202-755-7687
Email: bob.ashby@ost.dot.gov

 
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