[glcb] proposed regulations impacting guide dog handlers

[Joey Couch]

Subject:
 New Guidelines for Airports Regarding the Construction of Animal
Relief Areas Beyond
Security Checkpoints
Dear Colleagues -
We are pleased to be able to relay some good news from the U.S.
Department of Homeland
Security (DHS), Transportation Security Administration (TSA), which
recently issued new guidelines for airports regarding the construction
of animal relief areas beyond
security checkpoints.
As you may know, the U.S. Department of Transportation (DOT) requires
U.S. and foreign airlines, in cooperation with  airport operators and
in consultation with local service
animal training organizations, to establish service animal relief
areas at U.S. airports.
DOT has also recently issued a notice of proposed rulemaking (NPRM)
that would, among
other things, extend the obligation to establish service animal relief
areas at U.S.
airports to the U.S. airport operators.  The NPRM is contained below.
In this NPRM, the DOT seeks comment about whether it should adopt
requirements regarding the design of service  nimal relief areas
(e.g., dimensions, materials used, and
maintenance for relief areas), the appropriate number of service
animal relief areas in an airport and
the placement of service animal relief areas, particularly whether
service animal relief areas should be located inside or outside the
sterile areas
of an airport.   You may submit comments on this rulemaking at
http:///www.regulations.gov
 on or before November 28, 2011.
TSA's revised guidelines regarding construction of animal relief areas
makes it clear that that there is no security obstacle to providing
service animal relief areas within airports' secure area.  Air
travelers with service animals sometimes face difficulty if they need
to transfer planes, because service animal relief areas at most
airports
are outside airport secure perimeters.  Waiting for an escort, walking
to the relief area, and getting back through security and to the
connecting plane can take more time than is available.  To solve this
problem, TSA's revised version of "
Recommended Security Guidelines for Airport Planning, Design and
Construction ," allows airports/airlines to establish service animal
relief areas in sterile areas
of the airport, and provide escorted access to non-designated outdoor
areas for the
purpose of service animal relief.   This is a necessary first step to
solving the connecting flight problem for this group of travelers with
disabilities.
In fact, the relevant text explains, several potential solutions
exist.  The guidance states (emphasis added):
Service Animal Relief Areas
a)      Service animal relief areas will often include grassy space,
drinking water, cleaning capabilities such as water hoses and disposal
containers, and appropriate
drainage. Generally, maintenance of grassy areas is only practical on
the public landside, not airside, but artificial materials may be used
for service relief areas
located on the sterile side. Additional assistance regarding different
kennel designs for various climates or other information regarding
kennel facilities is available
from the TSA NEDCTP Canine Training & Evaluations Branch.
b)
Individuals with disabilities will often be able to use these landside
areas for their service animals. However, for transiting/connecting
travelers with disabilities, access to landside relief areas may not
be possible due to time constraints and disability-related reasons. In
order to allow  uch travelers access to service animal relief,
airports may choose to locate a more limited service animal relief
area on the sterile side (for example using artificial materials and
with fewer amenities), or may provide travelers with escorted access
to non-designated outdoor areas for the purpose of
service animal relief
.
c)
Airports should determine the need for, design, and location of
designated Service
Animal Relief Areas for use, and the circumstances in which access
will instead be afforded to other outdoor areas.
 For transiting/connecting travelers needing access to those service
relief areas located inside the sterile area, an appropriately badged
escort will be required.
This new TSA guidance should clarify for airlines and U.S. airports
that they need to evaluate appropriate solutions to this problem; TSA
and its rules pose no obstacle
to such solutions.  If you are a traveler who is having  difficulty
accessing service
animal relief areas at U.S. airports, you may file a complaint with
the U.S. Department
of Transportation by using their web form, or by sending them a
complaint form or letter, instructions for which may be found
here
 for disability-related claims.
Sincerely,
Margo Schlanger, Officer for Civil Rights and Civil Liberties, U.S.
Department of
Homeland Security
Samuel Podberesky, Assistant General Counsel for Aviation Enforcement
and Proceedings,
U.S. Department of Transportation

[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Proposed Rules]
[Pages 60426-60431]
>From the Federal Register Online via the Government Printing Office [
www.gpo.gov
]
[FR Doc No: 2011-24849]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 27
RIN 2105-AD91
[Docket No. DOT-OST-2011-0182]
Nondiscrimination on the Basis of Disability in Programs or
Activities Receiving Federal Financial Assistance (U.S. Airports)
AGENCY: Office of the Secretary, Department of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The Department is proposing to amend its rules implementing
section 504 of the Rehabilitation Act of 1973, which requires
accessibility in airport terminal facilities that receive Federal
financial assistance. The proposed rule includes new  rovisions
related to service animal relief areas and captioning of televisions
and audio-visual displays that are similar to new requirements
applicable to U.S.
and foreign air carriers under the Department's Air Carrier Access
(ACAA) regulations, 14 CFR part 382. The NPRM also proposes to
reorganize the provision in 49 CFR 27.72 concerning  mechanical lifts
for enplaning and deplaning passengers with mobility impairments, and
to amend this provision so airports are required to work not only with
U.S. carriers but also foreign air carriers to
[[Page 60427]]
ensure lifts are available where level entry loading bridges are not
available. This proposed rule would apply to airport facilities
located in the U.S. with 10,000 or more annual enplanements and that
receiveb Federal financial assistance.
DATES: Interested persons are invited to submit comments regarding
this proposal. Comments must be received on or before November 28,
2011.
Late-filed comments will be considered to the extent practicable.
ADDRESSES: You may file comments identified by docket number DOT-OST-
2011-0182 by any of the following methods:
 Federal eRulemaking Portal: Go to
http://www.regulations.gov
 and follow the online instructions for submitting
comments.
 Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590.
 Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
 Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number
DOT-OST-2011-0182 or the Regulatory Identification Number (RIN) for the
rulemaking at the beginning of your comment. All comments received will
be posted without change to
http://www.regulations.gov
, including any
personal information provided.
Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78), or you may visit
http://DocketsInfo.dot.gov
.
Docket: For access to the docket to read background documents or
comments received, go to
http://www.regulations.gov
 or to the street
address listed above. Follow the online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Maegan L. Johnson, Trial Attorney,
Office of the Assistant General Counsel for Aviation Enforcement and
Proceedings, Department of Transportation, 1200 New Jersey Avenue, SE.,
Room W96-464, Washington, DC 20590, (202) 366-9342. You may also
contact Blane A. Workie, Deputy Assistant General Counsel, Office of
the Assistant General Counsel for Aviation Enforcement and Proceedings,
Department of Transportation, 1200 New Jersey Avenue, SE., Room W96-
464, Washington, DC 20590, (202) 366-9342. Arrangements to receive
this notice in an alternative format may be made by contacting the
above named individuals.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 1996, the U.S. Department of Transportation amended its
regulation implementing section 504 of the Rehabilitation Act of 1973
to create a new section 49 CFR 27.72, concerning regulatory
requirements for U.S. airports to ensure the availability of lifts to
provide level-entry boarding for passengers with disabilities flying
on small commuter aircraft. See 61 FR 56409. This requirement
paralleled
the lift provisions applicable to U.S. carriers in the ACAA rule, 14
CFR part 382. On May 13, 2008, the Department of Transportation
published a final rule that amended part 382 by making it applicable
to foreign air carriers. See 73 FR 27614. In addition to making the
rule
applicable to foreign carriers, the amended part 382 includes
provisions that require U.S. and foreign air carriers, in cooperation
with airport operators, to provide animal relief areas for service
animals that accompany passengers departing, connecting, or arriving
at U.S. airports. See 14 CFR 382.51(a)(5). Part 382 also requires U.S.
and
foreign air carriers to enable captioning on all televisions and other
audio-visual displays that are capable of displaying captioning and
that are located in any portion of the airport terminal to which any
passengers have access. See 14 CFR 382.51(a)(6). As a result of the
2008 amendment to part 382, the requirements in part 27 do not mirror
the requirements applicable to airlines set forth in part 382. In
order
to harmonize part 27 with the amended part 382, the Department
proposes to amend part 27 to add such parallel provisions.
The proposed rule would also update outdated terminology and
references that currently exist in 49 CFR part 27. The proposed rule
would change the word ``handicapped,'' and similar variations of that
word that appear throughout part 27, to ``people first'' language
(e.g., ``individuals with disabilities'') consistent with practice
under the Americans with Disabilities Act. Additionally, the proposed
rule would delete the obsolete reference to the Uniform Federal
Accessibility Standards in 49 CFR 27.3(b) and change the language
``appendix A to part 37 of this title'' to ``appendices B and D of 36
CFR part 1191, as modified by appendix A to part 37 of this title.''
Service Animal Relief Areas
The 2008 amendment to part 382 requires U.S. and foreign air
carriers to work with airport operators to provide service animal
relief areas at U.S. airports. Part 27 does not include a provision
that mirrors this requirement. As such, the Department proposes to
amend part 27 by inserting a provision that would require airport
operators to work with carriers to establish relief areas for service
animals that accompany passengers with disabilities departing,
connecting, or arriving at U.S. airports.
Part 382 does not provide specific directives regarding the design,
number, or location of service animal relief areas an airport should
have; it simply requires carriers to provide service animal relief
areas in cooperation with the airports and in consultation with service
animal training organizations concerning the design of service animal
relief areas. However, in a Frequently Asked Questions document issued
by the Department's Aviation Enforcement Office on May 13, 2009,
examples of factors airlines and airports should consider in
designating and constructing areas for service animal relief at U.S.
airports are provided.\1\ Factors to consider in establishing relief
areas include the size and surface material of the area, maintenance,
and distance to relief area which could vary based on the size and
configuration of the airport. The Department seeks comment about
whether it should adopt requirements regarding the design of service
animal relief areas and what, if any, provisions the rule should
include concerning the dimensions, materials used, and maintenance for
relief areas.
---------------------------------------------------------------------------
\1\ The Transportation Security Administration (TSA) worked with
the Department to develop guidelines identifying key security
concerns and concepts that should be factored into the planning and
design of airport facilities, including service animal relief areas.
See ``Recommended Security Guidelines for Airport Planning, Design
and Construction,'' revised May 2011, available at
http://www.tsa.gov/assets/pdf/airport_security_design_guidelines.pdf
.
---------------------------------------------------------------------------
We are tentatively proposing a minimum of one service animal relief
area for each terminal in an airport. The Department is aware that
requiring only one service animal relief area for each terminal in an
airport may result in individuals with disabilities missing flights
when trying to reach service animal relief areas located outside the
sterile area of an airport, especially in
[[Page 60428]]
larger airports. For this reason, and despite our tentative
recommendation of one relief area for each terminal in an airport, the
Department seeks comment on what would be an appropriate number of
service animal relief areas in an airport. In addition to seeking
public comment on how many service animal relief areas should be
required at an airport or a terminal, the Department would like to know
how that number should be determined. For example, should the number be
determined by the size or configuration of the airport (e.g., the
number, location and design of terminals and concourses) and/or the
amount of time it would take for an individual with a disability to
reach a service animal relief area from any gate within the airport? Or
should DOT establish a performance requirement that a passenger
arriving at any gate with his or her service animal be able to reach a
relief area in 10, 20 or some other number of minutes?
The Department also seeks comment on the placement of service
animal relief areas, particularly whether service animal relief areas
should be located inside or outside the sterile \2\ area of an airport.
It could be important to have relief areas both inside and outside the
sterile area of an airport to ensure that individuals with service
animals have access to such areas when traveling. For example, an
individual traveling with a service animal could arrive at Gate C3 and
have an hour to make a connection to a flight at Gate G17. If the
individual must leave the sterile area to find a service animal relief
area, travel to and from that area, and then go back through security
screening, the individual could have difficulty in making the
connecting flight. At the same time, we understand that some airports
have expressed security and logistical concerns about the placement of
service animal relief areas inside the sterile area of an airport. The
Department also recognizes that the Transportation Security
Administration (TSA) in May 2011 revised its guidelines ``Recommended
Security Guidelines for Airport Planning, Design and Construction,'' to
make clear that airports may provide Service Animal Relief Areas in
sterile areas of the airport, or may provide escorted access to non-
designated outdoor areas for the purpose of service animal relief. The
Department also recognizes that coordination with the TSA via each
airport's site-specific Airport Security Program would need to occur if
service animal relief areas are to be placed inside the sterile area.
Consequently, the Department seeks comment on where airport service
animal relief areas should be located to ensure that the time and
distance to access the service animal relief areas do not create
barriers for passengers with disabilities.
---------------------------------------------------------------------------
\2\ The sterile area is the area between the TSA passenger
screening checkpoint and the aircraft boarding gates. See 49 CFR
1540.5.
---------------------------------------------------------------------------
Finally, the Department has been made aware that some individuals
with disabilities, especially, but not only, individuals who are blind
or visually impaired, are experiencing difficulty in locating service
animal relief areas at certain airports. Under part 382, passengers who
request that a carrier provide them with assistance to an animal relief
area should be advised by the carrier of the location of the animal
relief area. Additionally, if requested, it would be the responsibility
of the carrier to accompany a passenger traveling with a service animal
to and from the animal relief area. Nevertheless, we seek comment on
whether the rule should include a provision requiring airports to
specify the location of service animal relief areas on airport Web
sites, maps and/or diagrams of the airport, including whether the
relief area is located inside or outside a sterile area. We also seek
comment on whether airports should be required to provide signage to
assist individuals with disabilities in locating service animal relief
areas.
To the extent that the Department issues a final rule with
requirements for airports to establish service animal relief areas that
are more detailed than the requirements for U.S. and foreign airports
that exist in part 382, the Department believes that it is beneficial
to have the same requirements apply to U.S. and Foreign airlines. As
such, we are soliciting comment on whether any requirement that applies
to U.S. airports should also be applied to U.S. and foreign carriers.
For example, if the Department creates a requirement that airports must
establish service animal relief areas inside the sterile area of an
airport, should such a requirement apply to U.S. and foreign air
carriers in part 382?
We propose that any final rule that we adopt regarding establishing
service animal relief areas take effect 120 days after its publication
in the Federal Register. We believe this would allow sufficient time
for airports to comply with this requirement, particularly since U.S.
and foreign airlines are already working with airports to establish and
maintain service animal relief areas. We invite comments on whether 120
days is the appropriate interval.
Information for Passengers
As a result of the 2008 amendment of part 382, U.S. and foreign air
carriers are required to enable captioning \3\ on televisions and other
audio-visual displays under their control in terminals to which
passengers have access. Currently part 27 does not have a corresponding
requirement for U.S. airports. The Department proposes to amend part 27
by inserting a provision that would require airport operators at U.S.
airports to enable high-contrast captioning on certain televisions and
audio-visual displays in U.S. airports.
---------------------------------------------------------------------------
\3\ High-contrast captioning is defined in 14 CFR 382.3 as
``captioning that is at least as easy to read as white letters on a
consistent black background.'' As explained in the preamble to part
382, defining ``high-contrast captioning'' in such a way not only
ensures that captioning will be effective but also allows carriers
to use existing or future technologies to achieve captioning that
are as effective as white on black or more so.
---------------------------------------------------------------------------
Most televisions currently in use at U.S. airports have captioning
capabilities because all televisions with screens 13'' or larger in
size, made or sold in the U.S. since July 1, 1993, are required by
Federal law to have captioning capabilities. Because of this, DOT
believes that requiring airports to enable the captioning feature
should not be costly or otherwise onerous. We believe compliance with
this section is a matter of providing the training necessary to turn on
the captioning feature of a television or other audio-visual display.
Such training does not appear to require a lengthy amount of time or
in-depth instruction. Given the straightforward nature of the
implementation involved, the Department believes that the proposed
thirty-day implementation period is adequate. DOT seeks comment on any
reasons that a longer time frame may be necessary.
Part 27 also does not contain a requirement for airports to provide
the same information to deaf or hard of hearing individuals in airports
that they provide to other members of the public. It is important that
persons with a hearing loss or who are deaf do not miss important
information available to others at an airport through the public
address system. The Department seeks comment on whether it should
require U.S. airports to display messages and pages broadcast over
public address systems on video monitors. We also seek comment on
whether we should amend 14 CFR part 382 to apply such a requirement to
U.S. and foreign air carriers with respect to terminal facilities that
a carrier owns, leases or controls. Is visual display of information
announced over the public address
[[Page 60429]]
system the best means to disseminate airport-related announcements to
passengers with hearing impairments? Should the Department establish a
performance standard for providing information to individuals with
hearing impairments rather than require airports to use a particular
medium (e.g., video monitors, wireless pagers, erasable boards)? Also,
we ask interested persons to comment on whether the Department should
simply require that airports provide the text of the announcements made
over the public address system promptly or should instead require that
there be simultaneous visual transmission of the information. We also
seek comment on whether all announcements made through the public
address system should be displayed in a manner that is accessible to
deaf and hard-of-hearing travelers, or only those announcements that
are essential, e.g., that pertain to emergencies (fire, bomb threat
etc.), flight information (gate assignments, delays or cancellations),
or individuals being paged. Finally, the Department seeks comment on
how much time airports would need to establish a system for displaying
announcements and pages broadcast over public address system as well as
the cost for establishing such a system.
Boarding Lifts for Aircraft
Approximately 10 years ago, 49 CFR 27.72 was amended to mirror a
provision in part 382 that required U.S. air carriers to enter into
agreements with airport operators to ensure that lifts are available
for enplaning and deplaning passengers with disabilities. As noted
above, part 382 was extended to foreign air carriers in 2008. Currently
49 CFR 27.72 does not require U.S. airports to work with foreign
carriers to ensure that lifts are available; the language in 49 CFR
27.72 covers only arrangements with U.S. carriers. The proposed rule
would impose on U.S. airports the same requirements with respect to
foreign carriers that 49 CFR 27.72 currently imposes on them with
respect to U.S. carriers. The proposed rule would require airport
operators to negotiate in good faith with foreign air carriers to
provide, operate and maintain lifts for boarding and deplaning where
level-entry loading bridges are not available. Under this proposal, the
airport operators would be required to sign, no later than 90 days
after publication of the final rule in the Federal Register, a written
agreement with each foreign air carrier serving that airport that
allocates responsibility for providing, operating and maintaining the
lifts. We are proposing that the agreement provide that all actions
necessary to ensure accessible boarding and deplaning for passengers
with disabilities be completed no later than 120 days after the final
rule's publication in the Federal Register.
Also, the proposed rule would restructure the current lift
requirements found in 49 CFR 27.72. When the rule was first written, 49
CFR 27.72 applied to aircraft with a seating capacity of 19 through 30
passengers. This provision was amended in May 3, 2001, to also apply to
aircraft with a seating capacity of 31 or more passengers. Because of
the implementation timelines specified in the 2001 amendment, 49 CFR
27.72 includes two separate provisions outlining boarding assistance
requirements for individuals with disabilities, section 27.72(c) and
section 27.72(d). As an editorial matter the proposed rule would
eliminate this distinction and make the rule applicable to lifts for
boarding any aircraft with a seating capacity of 19 or more passengers
that are not boarded via a level-entry loading bridge.
Regulatory Analyses and Notices
A. Executive Orders 13563 and 12866 and DOT Regulatory Policies and
Procedures
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This action has been determined to be significant under
Executive Order 12866 and the Department of Transportation Regulatory
Policies and Procedures because of its considerable interest to the
disability community and the aviation industry. However DOT does not
believe at this time that this action meets the criteria under the
Executive Order for an economically significant rule.
This action is the result of several important regulatory changes
made to 14 CFR part 382, the rule implementing the ACAA. The extension
to U.S. airports of the current lift provision in 49 CFR part 27, which
requires airports to work not only with U.S. but also with foreign air
carriers to ensure the availability of lifts, will be of interest to
the aviation industry and the public. The Department has attempted to
propose this extension in as equitable a manner as possible by applying
to U.S. airports the same regulatory provisions that apply to U.S. and
foreign air carriers. As noted above, the provisions of the proposed
rule apply only to U.S. airports with 10,000 or more annual
enplanements and that receive Federal financial assistance.
The rule is not expected to require the purchase of additional
lifts, since the approximately 216 affected U.S. airports (i.e., those
that are served by foreign flag carriers and that have 10,000 or more
enplanements) will already have lifts available by agreement between
the airports and U.S. carriers as a result of the existing version of
part 27. These airports may have already agreed with foreign carriers,
such as certain Canadian, Mexican, or Caribbean carriers that use
smaller aircraft that board from the tarmac, to provide this service;
most other foreign carriers use larger aircraft that normally board via
loading bridges. The effect of the rule would then be only to mandate
what has already been done voluntarily. Existing agreements between
carriers and airports, however, may need to be adjusted to broaden the
availability of the lifts. Nonetheless, the Department seeks comment on
whether the rule would require U.S. airports to purchase additional
lifts, and if so how many, and what the cost of a typical lift is.
A particularly important element of the proposed rule is the
addition of a new provision that requires U.S. airport operators, in
cooperation with U.S. and foreign air carriers, to provide service
animal relief areas. The proposed rule contemplates a minimum of one
relief area for each terminal within an airport; however, the
Department is aware that requiring only one service animal relief area
for each terminal in an airport may be inadequate as it may result in
individuals with disabilities missing flights when trying to reach
service animal relief areas located outside the sterile area of an
airport, especially in larger airports. Nonetheless, given the widely
divergent plans of airports, we are only able to make a plausible
assumption about the number of terminals that exist in a given airport
based on the size of the airport. Using information provided by the
FAA, which categorizes the size of the 368 airports within the United
States, we postulate that the 29 large-hub airports contain
approximately 7 terminals, the 36 medium-hub airports contain
approximately 5 terminals, the 72 small-hub airports contain
approximately 3 terminals, and the 231 non-hub airports contain
approximately 1 terminal. As
[[Page 60430]]
such, we estimate that 830 terminals will exist in the 368 airports in
the United States. We estimate that the initial cost for such an area
would be approximately $5,000 per terminal, with low- and high-cost
alternatives ranging from $1,000 to $10,000. We postulate a likely
annual maintenance cost of $1,000 per terminal with a range from $500
to $2,000. The Department seeks comments on these estimates.
Also, the Department believes that most airport video monitors have
captioning capability, and turning on the captioning is likely to have
minimal costs.
B. Executive Order 13132 (Federalism)
This Notice of Proposed Rulemaking has been analyzed in accordance
with the principles and criteria contained in Executive Order 13132
(``Federalism''). This notice does not propose any regulation that has
substantial direct effects on the States, the relationship between the
national government and the States, or the distribution of power and
responsibilities among the various levels of government. It does not
propose any regulation that imposes substantial direct compliance costs
on States and local governments. Therefore, the consultation and
funding requirements of Executive Order 13132 do not apply.
C. Executive Order 13084
This Notice of Proposed Rulemaking has been analyzed in accordance
with the principles and criteria contained in Executive Order 13084
(``Consultation and Coordination with Indian Tribal Governments''). The
funding and consultation requirements of Executive Order 13084 do not
apply because this notice does not significantly or uniquely affect the
communities of the Indian Tribal governments and does not impose
substantial direct compliance costs.
D. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
No regulatory flexibility analysis is required if the head of an agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. The SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule will not have
a significant economic impact on a substantial number of small
entities.
The Department certifies that this rule, if adopted, would not have
a significant economic impact on a substantial number of small
entities. The Small Business Administration (SBA) size standards define
privately owned airports as small businesses if their annual revenues
do not exceed $7 million. Publicly owned airports are categorized as
small entities if they are owned by jurisdictions with fewer than
50,000 inhabitants. This rule applies to airports with 10,000 or more
annual enplanements, which are primary airports that have more
commercial-service traffic and account for 96% of U.S. enplanements per
annum. Out of the 368 airports with more than 10,000 enplanements that
are potentially affected by the proposed rule, we estimate that
approximately 50 to 55 are defined as small entities.
The Department believes that the economic impact will not be
significant to these 55 airports because the overall annual costs
associated with the rule are not great. The only provision of this rule
that we believe may impose measurable costs on airports is the
requirement that at least one service animal relief area be made
available at each U.S. airport terminal. The estimated total costs for
constructing and maintaining relief areas at these airports, assuming
that each of these 55 airport would only need one relief area, would
range from a low of about $600 to a high of about $3,000, with an
expected value of about $1,500. On the basis of this examination, the
Department certifies that this rule will not have a significant
economic impact on a substantial number of small entities. A copy of
the Regulatory Flexibility Analysis will be placed in docket.
E. Paperwork Reduction Act
This proposed rule adopts new and revised information collection
requirements subject to the Paperwork Reduction Act (PRA). The
Department will publish a separate notice in the Federal Register
inviting OMB, the general public, and other Federal agencies to comment
on the new and revised information collection requirements contained in
this document. As prescribed by the PRA, the requirements will not go
into effect until OMB has approved them and the Department has
published a notice announcing the effective date of the information
collection requirements.
F. Unfunded Mandates Reform Act
The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this notice.
Issued this 21st day of September 2011 in Washington, DC.
Ray LaHood,
Secretary of Transportation.
List of Subjects in 49 CFR Part 27
Airports, Civil rights, Individuals with disabilities, Reporting
and recordkeeping requirements.
For the reasons set forth in the preamble, the Department of
Transportation proposes to amend 49 CFR part 27 as follows:
1. The authority citation for part 27 continues to read as follows:
Authority: Sec. 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit
Act of 1964, as amended (49 U.S.C. 5310 (a) and (f); sec. 165 (b) of
the Federal-Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.).
2. In Sec.  27.3, amend paragraph (b) to read as follows:
(b) Design, construction, or alteration of buildings or other
fixed facilities by public entities subject to part 37 of this title
shall be in conformance with appendices B and D of 36 CFR part 1191,
as modified by appendix A to part 37 of this title. All other
entities subject to section 504 shall design, construct, or alter
buildings, or other fixed facilities, in conformance with appendices
B and D of 36 CFR part 1191, as modified by appendix A to part 37 of
this title.
3. In Sec.  27.71, add paragraph (h) and (i) to read as follows:
(h) Service animal relief areas. Each airport with 10,000 or
more annual enplanements shall consult with service animal training
organization(s) and cooperate with airlines that own, lease, or
control terminal facilities at that airport to provide at least one
animal relief area in each airport terminal for service animals that
accompany passengers departing, connecting, or arriving at the
airport. To the extent that airports have established animal relief
areas prior to the effective date of this subsection and have not
consulted with service animal training organization(s), airports
shall consult with service animal training organization(s) regarding
the sufficiency of all existing animal relief areas.
(i) High-contrast captioning (captioning that is at least as
easy to read as white letters on a consistent background) on
television and audio-visual displays. This subsection applies to
airports with 10,000 or more annual enplanements.
(1) Airport operators must enable high-contrast captioning at
all times on all televisions and other audio-visual displays that
are capable of displaying captions and
[[Page 60431]]
that are located in any gate area, ticketing area, first-class or
other passenger lounge provided by a U.S. or foreign carrier, or any
common area of the terminal, excluding shops and/or restaurants, to
which any passengers have access.
(2) With respect to any televisions or other audio-visual
displays located in any gate area, ticketing area, first-class or
other passenger lounge provided by a U.S. or foreign carrier, or any
common area of the terminal, excluding shops and/or restaurants, to
which any passengers have access, that provide passengers with
safety briefings, information, or entertainment that do not have
high-contrast captioning capability, an airport operator must
replace these devices with equipment that does have such capability
whenever such equipment is replaced in the normal course of
operations and/or whenever areas of the terminal in which such
equipment is located undergo substantial renovation or expansion.
(3) If an airport acquires new televisions or other audio-visual
displays for passenger safety briefings, information, or
entertainment on or after [insert effective date of the final rule],
such equipment must have high-contrast captioning capability.
4. Amend Sec.  27.72 to read as follows:
Sec.  27.72  Boarding assistance for aircraft.
(a) This section applies to airports with 10,000 or more annual
enplanements.
(b) Airports shall, in cooperation with carriers serving the
airports, provide boarding assistance to individuals with disabilities
using mechanical lifts, ramps, or other devices that do not require
employees to lift or carry passengers up stairs. This section applies
to all aircraft with a passenger capacity of 19 or more passenger
seats, except as provided in paragraph (e) of this section. Paragraph
(c) of this section applies to U.S. carriers and paragraph (d) of this
section applies to foreign carriers.
(c) Each airport operator shall negotiate in good faith with each
U.S. carrier serving the airport concerning the acquisition and use of
boarding assistance devices to ensure the provision of mechanical
lifts, ramps, or other devices for boarding and deplaning where level-
entry loading bridges are not available. The airport operator must have
a written, signed agreement with each U.S. carrier allocating
responsibility for meeting the boarding and deplaning assistance
requirements of this subpart between or among the parties. The
agreement shall be made available, on request, to representatives of
the Department of Transportation.
(1) All airport operators and U.S. carriers involved are jointly
and severally responsible for the timely and complete implementation of
the agreement.
(2) The agreement shall ensure that all lifts and other
accessibility equipment are maintained in proper working condition.
(d) Each airport operator shall negotiate in good faith with each
foreign carrier serving the airport concerning the acquisition and use
of boarding assistance devices to ensure the provision of mechanical
lifts, ramps, or other devices for boarding and deplaning where level-
entry loading bridges are not available. The airport operator shall, by
no later than December 28, 2011, sign a written agreement with the
foreign carrier allocating responsibility for meeting the boarding and
deplaning assistance requirements of this subpart between or among the
parties. The agreement shall be made available, on request, to
representatives of the Department of Transportation.
(1) The agreement shall provide that all actions necessary to
ensure accessible boarding and deplaning for passengers with
disabilities are completed as soon as practicable, but no later than
[insert 120 days after date of publication in Federal Register of the
final rule].
(2) All airport operators and foreign carriers involved are jointly
and severally responsible for the timely and complete implementation of
the agreement.
(3) The agreement shall ensure that all lifts and other
accessibility equipment are maintained in proper working condition.
(e) Boarding assistance agreements required in paragraphs (c) and
(d) are not required to apply to the following situations:
(1) Access to float planes;
(2) Access to the following 19-seat capacity aircraft models: The
Fairchild Metro, the Jetstream 31 and 32, the Beech 1900 (C and D
models), and the Embraer EMB-120;
(3) Access to any other aircraft model determined by the Department
of Transportation to be unsuitable for boarding and deplaning
assistance by lift, ramp, or other suitable device. The Department will
make such a determination if it concludes that--
(i) No existing boarding and deplaning assistance device on the
market will accommodate the aircraft without significant risk of
serious damage to the aircraft or injury to passengers or employees, or
(ii) Internal barriers are present in the aircraft that would
preclude passengers who use a boarding or aisle chair from reaching a
non-exit row seat.
(f) When level-entry boarding and deplaning assistance is not
required to be provided under paragraph (e) of this section, or cannot
be provided as required by paragraphs (b), (c), and (d) of this section
(e.g., because of mechanical problems with a lift), boarding assistance
shall be provided by any available means to which the passenger
consents. However, hand-carrying (i.e., directly picking up the
passenger's body in the arms of one or more carrier personnel to effect
a level change the passenger needs to enter or leave the aircraft) must
never be used, even if the passenger consents, unless this is the only
way of evacuating the individual in the event of an emergency.
(g) In the event that airport personnel are involved in providing
boarding assistance, the airport shall ensure that they are trained to
proficiency in the use of the boarding assistance equipment used at
the airport and appropriate boarding assistance procedures that
safeguard
the safety and dignity of passengers.
5. In 49 CFR part 27 the word ``nonhandicapped'' is revised to read
``nondisabled'' wherever it occurs. The term ``handicapped person''' is
revised to read ``individual with a disability''' wherever it occurs.
The term ``handicapped persons'' is revised to read ``individuals with
a disability'' wherever it occurs. The term ``qualified handicapped
person'' is revised to read ``qualified individual with a disability''
wherever it occurs. The term ``qualified handicapped persons'' is
revised to read ``qualified individuals with a disability.'' Wherever
the word ``handicapped'' is used without being followed by the words
``person'' or ``persons,'' it is revised to read ``disabled'' wherever
it occurs.
[FR Doc. 2011-24849 Filed 9-28-11; 8:45 am]
BILLING CODE 4910-9X-P


Joey Couch
phone 606-216-8033.
email ki4vjd at gmail.com
twitter.
 http://www.twitter.com/ki4vjd
facebook.
 http://www.facebook.com/ki4vjd