81_FR_20332 81 FR 20265 - Nondiscrimination on the Basis of Disability in Air Travel; Establishment of a Negotiated Rulemaking Committee

81 FR 20265 - Nondiscrimination on the Basis of Disability in Air Travel; Establishment of a Negotiated Rulemaking Committee

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 81, Issue 67 (April 7, 2016)

Page Range20265-20268
FR Document2016-08062

The Department of Transportation (``Department,'' ``DOT,'' or ``we'') announces its intent to establish a negotiated rulemaking (Reg- Neg) committee to negotiate and develop proposed amendments to the Department's disability regulation on three issues: Whether to require accessible inflight entertainment (IFE) and strengthen accessibility requirements for other in-flight communications; whether to require an accessible lavatory on new single-aisle aircraft over a certain size; and whether to amend the definition of ``service animals'' that may accompany passengers with a disability on a flight. The committee will include representatives of organizations or groups with interests that are affected significantly by the subject matter of the proposed regulation. The Department anticipates that the interested parties may include disability advocacy organizations, airlines, airports, and aircraft manufacturers. The Department seeks comment on the establishment of the Accessible Air Transportation (ACCESS) Advisory Committee, the issues to be addressed, and the proposed list of stakeholder types to be represented on the Committee. We also invite nominations or applications for membership on the ACCESS Advisory Committee. To the extent it can do so consistent with the goal of ensuring effective representation and necessary expertise, the Department will select individuals who reflect the diversity among the organizations or groups represented.

Federal Register, Volume 81 Issue 67 (Thursday, April 7, 2016)
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Proposed Rules]
[Pages 20265-20268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08062]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. DOT-OST-2015-0246]
RIN 2105-AE12


Nondiscrimination on the Basis of Disability in Air Travel; 
Establishment of a Negotiated Rulemaking Committee

AGENCY:  Office of the Secretary, Department of Transportation.

ACTION:  Notice of intent to establish the Accessible Air 
Transportation (ACCESS) Advisory Committee; Solicitation of 
applications and nominations for membership.

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SUMMARY:  The Department of Transportation (``Department,'' ``DOT,'' or 
``we'') announces its intent to establish a negotiated rulemaking (Reg-
Neg) committee to negotiate and develop proposed amendments to the 
Department's disability regulation on three issues: Whether to require 
accessible inflight entertainment (IFE) and strengthen accessibility 
requirements for other in-flight communications; whether to require an 
accessible lavatory on new single-aisle aircraft over a certain size; 
and whether to amend the definition of ``service animals'' that may 
accompany passengers with a disability on a flight. The committee will 
include representatives of organizations or groups with interests that 
are affected significantly by the subject matter of the proposed 
regulation.
    The Department anticipates that the interested parties may include 
disability advocacy organizations, airlines, airports, and aircraft 
manufacturers. The Department seeks comment on the establishment of the 
Accessible Air Transportation (ACCESS) Advisory Committee, the issues 
to be addressed, and the proposed list of stakeholder types to be 
represented on the Committee. We also invite nominations or 
applications for membership on the ACCESS Advisory Committee. To the 
extent it can do so consistent with the goal of ensuring effective 
representation and necessary expertise, the Department will select 
individuals who reflect the diversity among the organizations or groups 
represented.

DATES:  Comments and nominations for Committee membership must be 
received on or before April 21, 2016.

ADDRESSES:  You may submit comments using any one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 202 493-2251. To avoid duplication, please use only 
one of these four methods. See the ``Submitting Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments. In all cases, please identify your comment with docket number 
DOT-OST-2015-0246.

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
regulatory negotiation, you may contact Livaughn Chapman or Blane A. 
Workie, Office of the Aviation Enforcement and Proceedings, U.S. 
Department of Transportation, by email at [email protected] or 
[email protected] or by telephone at 202-366-9342. To obtain a copy 
of this notice of intent in an accessible format, you may also contact 
Livaughn Chapman.

SUPPLEMENTARY INFORMATION: 

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice of intent (DOT-OST-2015-0246), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each

[[Page 20266]]

suggestion or recommendation. You may submit your comments and material 
online, by mail, by hand delivery, or by fax. Please use only one of 
these methods. DOT recommends that you include your name and a mailing 
address, an email address, or a phone number with your comments so that 
DOT can contact you if there are questions regarding your submission. 
All comments and material received in the docket during this comment 
period will be given consideration and become part of the record in 
this rulemaking proceeding. We will consider to the extent practicable 
all comments and material received in the docket after the comment 
period ends.

Viewing Comments and Documents

    You may view comments on this notice of intent, as well as any 
documents mentioned in this preamble as being available in the docket 
at http://www.regulations.gov. After entering the docket number, click 
the link to ``Open Docket Folder'' and choose the document to review. 
If you do not have access to the Internet, you may view the docket 
online by visiting the Docket Management Facility in Room W12-140 on 
the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., E.T., Monday through 
Friday, except Federal holidays.

Submitting Nominations

    All nomination materials should be submitted electronically via 
email to [email protected]. Any person needing accessibility 
accommodations should contact Livaughn Chapman, Chief, Aviation Civil 
Rights Compliance Branch, Office of Aviation Enforcement and 
Proceedings, at (202) 366-9342.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

Background

    On December 7, 2015, the Department published a notice in the 
Federal Register announcing its intent to consider a Reg-Neg on six 
issues--(1) inflight entertainment accessibility; (2) supplemental 
medical oxygen; (3) service animals; (4) accessible lavatories on 
single-aisle aircraft; (5) seating accommodations; and (6) carrier 
reporting of disability service requests.\1\ On January 5, 2016, the 
Department subsequently announced an extension of the 30-day comment 
period to January 21, 2016.\2\ At the close of the comment period, we 
had received nearly 70 comments. To date, we have received close to 90 
comments. The Department also announced that we had hired a neutral 
convener, Mr. Richard Parker, a professor of law at the University of 
Connecticut School of Law, to speak with representatives from among the 
organizational interests mentioned above about the feasibility of 
conducting a Reg-Neg on these six issues. Mr. Parker conducted 
interviews with 46 different stakeholders representing these interests 
and prepared a convening report to DOT on the feasibility of conducting 
the negotiated rulemaking under consideration. The convening report is 
available in the rulemaking docket at DOT-OST-2015-0246. Based on the 
convening report, the comments received on the December notice, and on 
the statutory factors in the Negotiated Rulemaking Act (5 U.S.C. 563), 
DOT decided that it would be in the public interest to establish a 
negotiated rulemaking committee (5 U.S.C. 564) with a narrower scope. 
Chief among the statutory factors we considered in our decision was 
whether a Committee could be assembled that would fairly represent all 
affected interests, negotiate in good faith, and offer a reasonable 
likelihood of reaching a consensus on the issues. We determined that 
the following three issues were the most suitable for the Reg-Neg: (1) 
Whether to require accessible inflight entertainment (IFE) and 
strengthen accessibility requirements for other in-flight 
communications; (2) whether to require an accessible lavatory on 
single-aisle new aircraft over a certain size; and (3) whether to amend 
the definition of ``service animals'' that may accompany passengers 
with a disability on a flight. The Department intends to address the 
remaining issues (supplemental medical oxygen, seating accommodations, 
and carrier reporting of disability service requests) through other 
actions.
---------------------------------------------------------------------------

    \1\ 80 FR 75953 (December 7, 2015).
    \2\ 81 FR 193 (January 5, 2016).
---------------------------------------------------------------------------

    In selecting these three issues for the Reg-Neg, the Department 
considered the impact of the issues on all the affected stakeholders 
and the likelihood of the Committee reaching agreement on 
recommendations to the Department. Concerns expressed across interest 
groups about service animals on aircraft suggested that stakeholders 
would be motivated to come to agreement on their recommendations. While 
the differences among stakeholders on IFE accessibility were greater, 
there were other indications that consensus recommendations may be 
achievable and that Committee deliberations might furnish highly 
relevant and useful information and insight to guide Departmental 
rulemaking deliberations in any event. For example, new technologies 
and methods for providing IFE have created more accessible onboard 
entertainment and communications options at lower cost than ever 
before. Although lavatory accessibility on single aisle aircraft is 
perhaps the longest standing and the most controversial of the issues 
considered for the Reg-Neg, we believe that there are significant 
advantages to including it. The Reg-Neg process will serve to educate 
all the parties about the state of the art in lavatory accessibility 
and allow stakeholders to identify regulatory options and share 
information on their costs and benefits. We believe these stakeholder 
discussions will enhance the possibility of reaching agreement on 
proposals to recommend to the Department, and in furnishing useful 
information to guide the Department's rulemaking if consensus is not 
reached. For the above reasons, we believe that the scope of the 
rulemaking should focus on these issues.
    The Department acknowledges the views and concerns of all the 
participants in the convening process and is committed to addressing 
the issues of supplemental medical oxygen, seating accommodations, and 
carrier reporting of disability service requests as appropriate in 
subsequent rulemaking or other actions.
    The Secretary of Transportation has approved a charter to govern 
the activities of the ACCESS Advisory Committee in accordance with the 
Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. In accordance 
with section 14 of FACA, the charter provides for the ACCESS Advisory 
Committee to remain in existence for two years after the filing date 
unless sooner terminated or renewed. However, the Department intends to 
complete the Reg-Neg for the proposed rule in 2016 and to publish a 
Notice of Proposed Rulemaking (NPRM) in 2017.
    This notice of intent requests nominations for members of the 
Committee to ensure a wide range of member candidates and a balanced 
committee. The Secretary of Transportation will appoint approximately 
25 Committee members,

[[Page 20267]]

including a representative of DOT, who will each serve until the stated 
objectives of the Committee have been accomplished (i.e., the Committee 
submits its recommendation to the Secretary). The Committee is expected 
to meet every month from May to October 2016. Members should be senior 
level officials who can commit their organizations and who either are 
experts on accessibility with respect to the topics of interest to 
their organizations or who have access to such experts.
    The Department will choose the Committee members based on four main 
criteria: (1) Representativeness (does the applicant represent a 
significant stakeholder group that will be substantially affected by 
the final rule); (2) expertise (does the applicant bring essential 
knowledge, expertise and/or experience regarding accessibility and the 
topic area(s) of interest that will enrich the discussion of the 
available options and their respective costs and benefits); (3) balance 
(does the slate of selected applicants comprise a balanced array of 
representative and expert stakeholders); and (4) willingness to 
participate fully (is the applicant able and willing to attend the 
listed meetings and associated working group conference calls, bring in 
other experts from the applicant's organization as needed and relevant, 
bargain in good faith, and generally contribute constructively to a 
rigorous policy development process).
    Subject to change based on information received in response to this 
notice of intent, DOT proposes for public comment the following list of 
stakeholder categories to be members of the Committee:

 U.S. Department of Transportation
 Airlines (1 representative each from 2 large U.S. airlines, 2 
large foreign airlines, 1 regional U.S. air carrier, 1 low-cost US air 
carrier, and 1 charter carrier to be determined)
 Cross-disability advocacy groups (2 representatives to be 
determined)
 Consumer groups (1 representative to be determined)
 Professional associations of flight attendants (1 
representative to be determined)
 Advocacy groups for blind and visually impaired individuals (2 
representatives to be determined)
 Advocacy Groups representing service animal users (1 
representative to be determined)
 Advocacy Groups representing people with psychiatric 
disabilities (1 representative to be determined)
 Providers, manufactures, or experts of IFE products, systems, 
and services (2 representatives to be determined)
 Advocacy groups representing deaf and hard of hearing 
individuals (2 representatives to be determined)
 Academic or non-profit institutions having technical expertise 
in accessibility research and development (2 representatives to be 
determined)
 Aircraft manufacturers (2 representatives to be determined)
 Advocacy groups representing individuals with mobility 
disabilities (2 representatives to be determined)

    We believe that the aforementioned stakeholder categories represent 
the interests significantly affected by this rulemaking. Organizations 
from each stakeholder category may nominate a candidate for Committee 
membership from their own organization, or jointly nominate a candidate 
to represent their collective interests. The list is not presented as a 
complete or exclusive list of stakeholder categories from which 
Committee members will be selected. The list merely indicates the 
stakeholder categories that DOT tentatively has identified as 
representing significantly affected interests in the proposed rule to 
enhance requirements for accessibility in air transportation. All 
individuals or organizations who wish to be selected to serve on the 
Committee should submit an application, regardless of whether their 
stakeholder category appears on the above list. If anyone believes 
their interests would not be adequately represented by one or more of 
these categories, they should document that assertion in their comment 
and/or their application for membership on the Committee. DOT requests 
comments and suggestions regarding its tentative list of significantly 
affected stakeholder categories from which potential members of the 
Committee may be selected.
    Individuals applying for membership should keep in mind that 
Committee members will be selected to represent not only the interest 
of that individual's own organization but rather the collective 
stakeholder interests of organizations in the same stakeholder 
category. For example, an individual from a large U.S. airline selected 
to serve on the Committee would represent not only its airline but all 
large U.S. airlines. As such, the individual would be expected to 
consult with other large airlines in bringing issues to the table and 
making decisions on proposals before the Committee.
    Working groups may be formed to address the specific ACCESS 
Advisory Committee issues. These working groups will include Committee 
members but may also include experts or representatives who are not 
Committee members. Such working groups will report back to the ACCESS 
Advisory Committee. The experience of past Reg-Negs has been that 
working groups play a vital role in the policy development process and 
deliberations. They provide both Committee Members and non-Members an 
important opportunity for meaningful participation and interaction in 
identifying and weighing options and alternatives. The Department's 
Office of Aviation Enforcement and Proceedings will provide appropriate 
funding, logistics, administrative, and technical support for the 
Committee and its working groups. DOT subject matter experts, 
attorneys, and economists will also provide support to the Committee 
and work groups. A Web site for Committee members, working group 
members, and the public to access online general information, meeting 
announcements, agendas, and minutes, as well as Committee and working 
group work products will be established at https://www.transportation.gov/airconsumer/accesscommittee.
    At this time, we anticipate that the ACCESS Advisory Committee will 
have six two-day meetings in Washington DC. We propose to hold the 
meetings on the following dates: First meeting, May 17-18; second 
meeting, June 14-15; third meeting, July 11-12; fourth meeting, August 
16-17; fifth meeting, September 22-23, and the sixth and final meeting, 
October 13-14. Individuals interested in serving on the Committee 
should plan to attend each of these meetings in person. When 
appropriate, designees will be permitted.
    Process and Deadline for Submitting Nominations: Organizations and/
or persons who believe they meet the criteria listed above are invited 
to apply for membership on the ACCESS Advisory Committee to represent 
the stakeholder interests of their organizational category with respect 
to the proposed issues. Organizational applicants should indicate both 
the stakeholder category they propose to represent and the individual 
from their organization applying to serve on the Committee; describe 
the responsibilities and qualifications of that person; and describe 
the qualifications of any alternates or professional colleagues who 
will be assisting the principal representative in the process.
    Qualified individuals can self-nominate or be nominated by any 
stakeholder or stakeholder organization. To be considered for the 
ACCESS

[[Page 20268]]

Advisory Committee, nominators should submit the following information:
    (1) Name, title, and relevant contact information (including phone 
and email address) and a description of the issues addressed in this 
rulemaking that such individual is qualified to address, and the 
interests such a person shall represent;
    (2) A letter of support from a company, union, trade association, 
or non-profit organization on letterhead containing a brief description 
why the nominee is qualified and should be considered for membership to 
the extent the nominee proposes to represent parties with interest in 
this proceeding;
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the rule under 
consideration;
    (4) Short biography of nominee including professional and academic 
credentials;
    (5) An affirmative statement that the nominee meets all Committee 
eligibility requirements; and
    (6) If applicable, the reason(s) that the parties identified in 
this notice of intent as affected interests and stakeholders do not 
adequately represent the interest of the person submitting the 
application or nomination.
    All individuals representing a stakeholder interest who wish to 
serve on the Reg-Neg Committee should apply for membership by supplying 
the information listed above. Please do not send company, trade 
association, or organization brochures or any other information. 
Materials submitted should total two single-spaced pages or less. 
Should more information be needed, DOT staff will contact the nominee, 
obtain information from the nominee's past affiliations, or obtain 
information from publicly available sources, such as the Internet. 
Nominations may be emailed to [email protected]. Nominations must 
be received by April 21, 2016.
    Nominees selected for appointment to the Committee will be notified 
of appointment by email. Nominations are open to all individuals 
without regard to race, color, religion, sex, national origin, age, 
mental or physical handicap, marital status, or sexual orientation. To 
ensure that recommendations to the Secretary take into account the 
needs of the diverse groups served by DOT, membership shall include, to 
the extent practicable, individuals with demonstrated ability to 
represent persons with disabilities, minorities, and women. The 
Department will file any comments it receives on this notice of intent 
in docket DOT-OST-2015-0246. Notice to the public will be published in 
the Federal Register at least 15 days prior to each plenary meeting of 
the ACCESS Advisory Committee and members of the public will be invited 
to attend.
    Issued under the authority of delegation in 49 CFR 1.27.

    Dated: April 4, 2016.
Kathryn B. Thomson,
General Counsel.
[FR Doc. 2016-08062 Filed 4-6-16; 8:45 am]
BILLING CODE 4910-9X-P



                                                                        Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules                                          20265

                                               Kansas City, MO 64106; telephone (816)                  sign in between 7:00–8:00 a.m. on the                  advocacy organizations, airlines,
                                               329–4125, facsimile (816) 329–4090.                     day of the meeting being attended. The                 airports, and aircraft manufacturers. The
                                               SUPPLEMENTARY INFORMATION:                              meetings may adjourn early if the                      Department seeks comment on the
                                                                                                       agenda items are completed in less time                establishment of the Accessible Air
                                               Background                                              than is scheduled for the meetings.                    Transportation (ACCESS) Advisory
                                                 On March 14, 2016, the FAA                               (2) The meetings will be recorded by                Committee, the issues to be addressed,
                                               published a Notice of Proposed                          a court reporter. A transcript of the                  and the proposed list of stakeholder
                                               Rulemaking (NPRM) titled ‘‘Revision of                  meetings and all material accepted by                  types to be represented on the
                                               Airworthiness Standards for Normal,                     the panel during the meetings will be                  Committee. We also invite nominations
                                               Utility, Acrobatic, and Commuter                        included in the public docket, unless                  or applications for membership on the
                                               Category Airplanes’’. The FAA proposes                  protected from disclosure. Each person                 ACCESS Advisory Committee. To the
                                               in this NPRM to amend its                               interested in purchasing a copy of a                   extent it can do so consistent with the
                                               airworthiness standards for normal,                     transcript should contact the court                    goal of ensuring effective representation
                                               utility, acrobatic, and commuter                        reporter directly. Information on how to               and necessary expertise, the Department
                                               category airplanes by removing current                  purchase a transcript will be available at             will select individuals who reflect the
                                               prescriptive design requirements and                    the meetings.                                          diversity among the organizations or
                                               replacing them with performance-based                     Issued in Washington, DC, on April 1,
                                                                                                                                                              groups represented.
                                               airworthiness standards. The proposed                   2016.                                                  DATES: Comments and nominations for
                                               standards would also replace the                        James M. Crotty,                                       Committee membership must be
                                               current weight and propulsion divisions                 Acting Director, Office of Rulemaking.                 received on or before April 21, 2016.
                                               in part 23 with performance- and risk-                                                                         ADDRESSES: You may submit comments
                                                                                                       [FR Doc. 2016–07943 Filed 4–6–16; 8:45 am]
                                               based divisions for airplanes with a                                                                           using any one of the following methods:
                                               maximum seating capacity of 19                          BILLING CODE 4910–13–P
                                                                                                                                                                 • Federal eRulemaking Portal: http://
                                               passengers or less and a maximum                                                                               www.regulations.gov. Follow the online
                                               takeoff weight of 19,000 pounds or less.                                                                       instructions for submitting comments.
                                                                                                       DEPARTMENT OF TRANSPORTATION
                                               The proposed airworthiness standards                                                                              • Mail: Docket Management Facility
                                               are based on, and would maintain, the                   Office of the Secretary                                (M–30), U.S. Department of
                                               level of safety of the current part 23.                                                                        Transportation, 1200 New Jersey
                                               Finally, the FAA proposes to adopt                      14 CFR Part 382                                        Avenue SE., West Building, Ground
                                               additional airworthiness standards to                                                                          Floor, Room W12–140, Washington, DC
                                               address certification for flight in icing               [Docket No. DOT–OST–2015–0246]                         20590–0001.
                                               conditions, enhanced stall                              RIN 2105–AE12                                             • Hand Delivery or Courier: West
                                               characteristics, and minimum control                                                                           Building, Ground Floor, Room W12–
                                               speed to prevent departure from                         Nondiscrimination on the Basis of                      140, 1200 New Jersey Avenue SE.,
                                               controlled flight for multiengine                       Disability in Air Travel; Establishment                Washington, DC, between 9 a.m. and 5
                                               airplanes. The NPRM addresses the                       of a Negotiated Rulemaking Committee                   p.m., Monday through Friday, except
                                               Congressional mandate set forth in the                                                                         Federal holidays.
                                                                                                       AGENCY:  Office of the Secretary,                         • Fax: 202 493–2251. To avoid
                                               Small Airplane Revitalization Act of
                                                                                                       Department of Transportation.                          duplication, please use only one of
                                               2013 1 (Pub. L. 113–53, 49 U.S.C. 44704
                                               note).                                                  ACTION: Notice of intent to establish the              these four methods. See the ‘‘Submitting
                                                                                                       Accessible Air Transportation (ACCESS)                 Comments’’ portion of the
                                               Purpose of the Public Meetings                          Advisory Committee; Solicitation of                    SUPPLEMENTARY INFORMATION section for
                                                  The purpose of the public meetings is                applications and nominations for                       instructions on submitting comments. In
                                               for the FAA to discuss the NPRM, hear                   membership.                                            all cases, please identify your comment
                                               the public’s questions, address any                                                                            with docket number DOT–OST–2015–
                                                                                                       SUMMARY:    The Department of
                                               confusion, and obtain information                                                                              0246.
                                                                                                       Transportation (‘‘Department,’’ ‘‘DOT,’’
                                               relevant to the final rule under                                                                               FOR FURTHER INFORMATION CONTACT: If
                                                                                                       or ‘‘we’’) announces its intent to
                                               consideration. The FAA will consider                                                                           you have questions about the regulatory
                                                                                                       establish a negotiated rulemaking (Reg–
                                               comments made at the public meetings                                                                           negotiation, you may contact Livaughn
                                                                                                       Neg) committee to negotiate and
                                               before making a final decision on                                                                              Chapman or Blane A. Workie, Office of
                                                                                                       develop proposed amendments to the
                                               issuance of the final rule.                                                                                    the Aviation Enforcement and
                                                                                                       Department’s disability regulation on
                                               Public Meeting Procedures                               three issues: Whether to require                       Proceedings, U.S. Department of
                                                                                                       accessible inflight entertainment (IFE)                Transportation, by email at
                                                  A panel of representatives from the
                                                                                                       and strengthen accessibility                           livaughn.chapman@dot.gov or
                                               FAA will be present. An FAA
                                                                                                       requirements for other in-flight                       blane.workie@dot.gov or by telephone at
                                               representative will facilitate the
                                                                                                       communications; whether to require an                  202–366–9342. To obtain a copy of this
                                               meetings in accordance with the
                                                                                                       accessible lavatory on new single-aisle                notice of intent in an accessible format,
                                               following procedures:
                                                  (1) There will be no admission fees or               aircraft over a certain size; and whether              you may also contact Livaughn
                                               other charges to attend or to participate               to amend the definition of ‘‘service                   Chapman.
                                               in the public meetings. The meetings                    animals’’ that may accompany                           SUPPLEMENTARY INFORMATION:
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               will be open to all persons, subject to                 passengers with a disability on a flight.
                                                                                                       The committee will include                             Submitting Comments
                                               availability of space in the meeting
                                               room. The FAA will make every effort                    representatives of organizations or                      If you submit a comment, please
                                               to accommodate all persons wishing to                   groups with interests that are affected                include the docket number for this
                                               attend. The FAA asks that participants                  significantly by the subject matter of the             notice of intent (DOT–OST–2015–0246),
                                                                                                       proposed regulation.                                   indicate the specific section of this
                                                 1 https://www.congress.gov/bill/113th-congress/         The Department anticipates that the                  document to which each comment
                                               house-bill/1848/text.                                   interested parties may include disability              applies, and provide a reason for each


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                                               20266                    Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules

                                               suggestion or recommendation. You                       accommodations; and (6) carrier                        suggested that stakeholders would be
                                               may submit your comments and                            reporting of disability service requests.1             motivated to come to agreement on their
                                               material online, by mail, by hand                       On January 5, 2016, the Department                     recommendations. While the differences
                                               delivery, or by fax. Please use only one                subsequently announced an extension                    among stakeholders on IFE accessibility
                                               of these methods. DOT recommends                        of the 30-day comment period to                        were greater, there were other
                                               that you include your name and a                        January 21, 2016.2 At the close of the                 indications that consensus
                                               mailing address, an email address, or a                 comment period, we had received                        recommendations may be achievable
                                               phone number with your comments so                      nearly 70 comments. To date, we have                   and that Committee deliberations might
                                               that DOT can contact you if there are                   received close to 90 comments. The                     furnish highly relevant and useful
                                               questions regarding your submission.                    Department also announced that we had                  information and insight to guide
                                               All comments and material received in                   hired a neutral convener, Mr. Richard                  Departmental rulemaking deliberations
                                               the docket during this comment period                   Parker, a professor of law at the                      in any event. For example, new
                                               will be given consideration and become                  University of Connecticut School of                    technologies and methods for providing
                                               part of the record in this rulemaking                   Law, to speak with representatives from                IFE have created more accessible
                                               proceeding. We will consider to the                     among the organizational interests                     onboard entertainment and
                                               extent practicable all comments and                     mentioned above about the feasibility of               communications options at lower cost
                                               material received in the docket after the               conducting a Reg-Neg on these six                      than ever before. Although lavatory
                                               comment period ends.                                    issues. Mr. Parker conducted interviews                accessibility on single aisle aircraft is
                                                                                                       with 46 different stakeholders                         perhaps the longest standing and the
                                               Viewing Comments and Documents                          representing these interests and                       most controversial of the issues
                                                  You may view comments on this                        prepared a convening report to DOT on                  considered for the Reg-Neg, we believe
                                               notice of intent, as well as any                        the feasibility of conducting the                      that there are significant advantages to
                                               documents mentioned in this preamble                    negotiated rulemaking under                            including it. The Reg-Neg process will
                                               as being available in the docket at                     consideration. The convening report is                 serve to educate all the parties about the
                                               http://www.regulations.gov. After                       available in the rulemaking docket at                  state of the art in lavatory accessibility
                                               entering the docket number, click the                   DOT–OST–2015–0246. Based on the                        and allow stakeholders to identify
                                               link to ‘‘Open Docket Folder’’ and                      convening report, the comments                         regulatory options and share
                                               choose the document to review. If you                   received on the December notice, and                   information on their costs and benefits.
                                               do not have access to the Internet, you                 on the statutory factors in the                        We believe these stakeholder
                                               may view the docket online by visiting                  Negotiated Rulemaking Act (5 U.S.C.                    discussions will enhance the possibility
                                               the Docket Management Facility in                       563), DOT decided that it would be in                  of reaching agreement on proposals to
                                               Room W12–140 on the ground floor of                     the public interest to establish a                     recommend to the Department, and in
                                               the DOT West Building, 1200 New                         negotiated rulemaking committee (5                     furnishing useful information to guide
                                               Jersey Avenue SE., Washington, DC                       U.S.C. 564) with a narrower scope. Chief               the Department’s rulemaking if
                                               20590, between 9 a.m. and 5 p.m., E.T.,                 among the statutory factors we                         consensus is not reached. For the above
                                               Monday through Friday, except Federal                   considered in our decision was whether                 reasons, we believe that the scope of the
                                               holidays.                                               a Committee could be assembled that                    rulemaking should focus on these
                                                                                                       would fairly represent all affected                    issues.
                                               Submitting Nominations                                  interests, negotiate in good faith, and                   The Department acknowledges the
                                                 All nomination materials should be                    offer a reasonable likelihood of reaching              views and concerns of all the
                                               submitted electronically via email to                   a consensus on the issues. We                          participants in the convening process
                                               accesscommittee@dot.gov. Any person                     determined that the following three                    and is committed to addressing the
                                               needing accessibility accommodations                    issues were the most suitable for the                  issues of supplemental medical oxygen,
                                               should contact Livaughn Chapman,                        Reg-Neg: (1) Whether to require                        seating accommodations, and carrier
                                               Chief, Aviation Civil Rights Compliance                 accessible inflight entertainment (IFE)                reporting of disability service requests
                                               Branch, Office of Aviation Enforcement                  and strengthen accessibility                           as appropriate in subsequent
                                               and Proceedings, at (202) 366–9342.                     requirements for other in-flight                       rulemaking or other actions.
                                                                                                       communications; (2) whether to require                    The Secretary of Transportation has
                                               Privacy Act                                             an accessible lavatory on single-aisle                 approved a charter to govern the
                                                 In accordance with 5 U.S.C. 553(c),                   new aircraft over a certain size; and (3)              activities of the ACCESS Advisory
                                               DOT solicits comments from the public                   whether to amend the definition of                     Committee in accordance with the
                                               to better inform its rulemaking process.                ‘‘service animals’’ that may accompany                 Federal Advisory Committee Act
                                               DOT posts these comments, without                       passengers with a disability on a flight.              (FACA), 5 U.S.C. App. 2. In accordance
                                               edit, including any personal information                The Department intends to address the                  with section 14 of FACA, the charter
                                               the commenter provides, to                              remaining issues (supplemental medical                 provides for the ACCESS Advisory
                                               www.regulations.gov, as described in                    oxygen, seating accommodations, and                    Committee to remain in existence for
                                               the system of records notice (DOT/ALL–                  carrier reporting of disability service                two years after the filing date unless
                                               14 FDMS), which can be reviewed at                      requests) through other actions.                       sooner terminated or renewed.
                                               www.dot.gov/privacy.                                       In selecting these three issues for the             However, the Department intends to
                                                                                                       Reg-Neg, the Department considered the                 complete the Reg-Neg for the proposed
                                               Background                                                                                                     rule in 2016 and to publish a Notice of
                                                                                                       impact of the issues on all the affected
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                                                 On December 7, 2015, the Department                   stakeholders and the likelihood of the                 Proposed Rulemaking (NPRM) in 2017.
                                               published a notice in the Federal                       Committee reaching agreement on                           This notice of intent requests
                                               Register announcing its intent to                       recommendations to the Department.                     nominations for members of the
                                               consider a Reg-Neg on six issues—(1)                    Concerns expressed across interest                     Committee to ensure a wide range of
                                               inflight entertainment accessibility; (2)               groups about service animals on aircraft               member candidates and a balanced
                                               supplemental medical oxygen; (3)                                                                               committee. The Secretary of
                                               service animals; (4) accessible lavatories                1 80   FR 75953 (December 7, 2015).                  Transportation will appoint
                                               on single-aisle aircraft; (5) seating                     2 81   FR 193 (January 5, 2016).                     approximately 25 Committee members,


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                                                                        Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules                                           20267

                                               including a representative of DOT, who                  • Providers, manufactures, or experts of               Committee issues. These working
                                               will each serve until the stated                           IFE products, systems, and services (2              groups will include Committee
                                               objectives of the Committee have been                      representatives to be determined)                   members but may also include experts
                                               accomplished (i.e., the Committee                       • Advocacy groups representing deaf                    or representatives who are not
                                               submits its recommendation to the                          and hard of hearing individuals (2                  Committee members. Such working
                                               Secretary). The Committee is expected                      representatives to be determined)                   groups will report back to the ACCESS
                                               to meet every month from May to                         • Academic or non-profit institutions                  Advisory Committee. The experience of
                                               October 2016. Members should be                            having technical expertise in                       past Reg-Negs has been that working
                                               senior level officials who can commit                      accessibility research and                          groups play a vital role in the policy
                                               their organizations and who either are                     development (2 representatives to be                development process and deliberations.
                                               experts on accessibility with respect to                   determined)                                         They provide both Committee Members
                                               the topics of interest to their                         • Aircraft manufacturers (2                            and non-Members an important
                                               organizations or who have access to                        representatives to be determined)                   opportunity for meaningful
                                               such experts.                                           • Advocacy groups representing                         participation and interaction in
                                                                                                          individuals with mobility disabilities              identifying and weighing options and
                                                  The Department will choose the
                                                                                                          (2 representatives to be determined)                alternatives. The Department’s Office of
                                               Committee members based on four main
                                               criteria: (1) Representativeness (does the                 We believe that the aforementioned                  Aviation Enforcement and Proceedings
                                               applicant represent a significant                       stakeholder categories represent the                   will provide appropriate funding,
                                               stakeholder group that will be                          interests significantly affected by this               logistics, administrative, and technical
                                               substantially affected by the final rule);              rulemaking. Organizations from each                    support for the Committee and its
                                                                                                       stakeholder category may nominate a                    working groups. DOT subject matter
                                               (2) expertise (does the applicant bring
                                                                                                       candidate for Committee membership                     experts, attorneys, and economists will
                                               essential knowledge, expertise and/or
                                                                                                       from their own organization, or jointly                also provide support to the Committee
                                               experience regarding accessibility and
                                                                                                       nominate a candidate to represent their                and work groups. A Web site for
                                               the topic area(s) of interest that will
                                                                                                       collective interests. The list is not                  Committee members, working group
                                               enrich the discussion of the available
                                                                                                       presented as a complete or exclusive list              members, and the public to access
                                               options and their respective costs and
                                                                                                       of stakeholder categories from which                   online general information, meeting
                                               benefits); (3) balance (does the slate of
                                                                                                       Committee members will be selected.                    announcements, agendas, and minutes,
                                               selected applicants comprise a balanced
                                                                                                       The list merely indicates the                          as well as Committee and working
                                               array of representative and expert
                                                                                                       stakeholder categories that DOT                        group work products will be established
                                               stakeholders); and (4) willingness to                   tentatively has identified as
                                               participate fully (is the applicant able                                                                       at https://www.transportation.gov/
                                                                                                       representing significantly affected                    airconsumer/accesscommittee.
                                               and willing to attend the listed meetings               interests in the proposed rule to                         At this time, we anticipate that the
                                               and associated working group                            enhance requirements for accessibility                 ACCESS Advisory Committee will have
                                               conference calls, bring in other experts                in air transportation. All individuals or              six two-day meetings in Washington DC.
                                               from the applicant’s organization as                    organizations who wish to be selected to               We propose to hold the meetings on the
                                               needed and relevant, bargain in good                    serve on the Committee should submit                   following dates: First meeting, May 17–
                                               faith, and generally contribute                         an application, regardless of whether                  18; second meeting, June 14–15; third
                                               constructively to a rigorous policy                     their stakeholder category appears on                  meeting, July 11–12; fourth meeting,
                                               development process).                                   the above list. If anyone believes their               August 16–17; fifth meeting, September
                                                  Subject to change based on                           interests would not be adequately                      22–23, and the sixth and final meeting,
                                               information received in response to this                represented by one or more of these                    October 13–14. Individuals interested in
                                               notice of intent, DOT proposes for                      categories, they should document that                  serving on the Committee should plan
                                               public comment the following list of                    assertion in their comment and/or their                to attend each of these meetings in
                                               stakeholder categories to be members of                 application for membership on the                      person. When appropriate, designees
                                               the Committee:                                          Committee. DOT requests comments                       will be permitted.
                                               • U.S. Department of Transportation                     and suggestions regarding its tentative                   Process and Deadline for Submitting
                                               • Airlines (1 representative each from 2                list of significantly affected stakeholder             Nominations: Organizations and/or
                                                  large U.S. airlines, 2 large foreign                 categories from which potential                        persons who believe they meet the
                                                  airlines, 1 regional U.S. air carrier, 1             members of the Committee may be                        criteria listed above are invited to apply
                                                  low-cost US air carrier, and 1 charter               selected.                                              for membership on the ACCESS
                                                  carrier to be determined)                               Individuals applying for membership                 Advisory Committee to represent the
                                               • Cross-disability advocacy groups (2                   should keep in mind that Committee                     stakeholder interests of their
                                                  representatives to be determined)                    members will be selected to represent                  organizational category with respect to
                                                                                                       not only the interest of that individual’s             the proposed issues. Organizational
                                               • Consumer groups (1 representative to
                                                                                                       own organization but rather the                        applicants should indicate both the
                                                  be determined)
                                                                                                       collective stakeholder interests of                    stakeholder category they propose to
                                               • Professional associations of flight                   organizations in the same stakeholder                  represent and the individual from their
                                                  attendants (1 representative to be                   category. For example, an individual                   organization applying to serve on the
                                                  determined)                                          from a large U.S. airline selected to                  Committee; describe the responsibilities
                                               • Advocacy groups for blind and                         serve on the Committee would represent                 and qualifications of that person; and
                                                  visually impaired individuals (2
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                                                                                                       not only its airline but all large U.S.                describe the qualifications of any
                                                  representatives to be determined)                    airlines. As such, the individual would                alternates or professional colleagues
                                               • Advocacy Groups representing service                  be expected to consult with other large                who will be assisting the principal
                                                  animal users (1 representative to be                 airlines in bringing issues to the table               representative in the process.
                                                  determined)                                          and making decisions on proposals                         Qualified individuals can self-
                                               • Advocacy Groups representing people                   before the Committee.                                  nominate or be nominated by any
                                                  with psychiatric disabilities (1                        Working groups may be formed to                     stakeholder or stakeholder organization.
                                                  representative to be determined)                     address the specific ACCESS Advisory                   To be considered for the ACCESS


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                                               20268                    Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules

                                               Advisory Committee, nominators                          of intent in docket DOT–OST–2015–                        • Postal Mail, Commercial Delivery,
                                               should submit the following                             0246. Notice to the public will be                     or Hand Delivery: If you mail or deliver
                                               information:                                            published in the Federal Register at                   your comments about these proposed
                                                  (1) Name, title, and relevant contact                least 15 days prior to each plenary                    regulations, address them to Kristen
                                               information (including phone and email                  meeting of the ACCESS Advisory                         Rhinehart-Fernandez, U.S. Department
                                               address) and a description of the issues                Committee and members of the public                    of Education, 400 Maryland Avenue
                                               addressed in this rulemaking that such                  will be invited to attend.                             SW., Room 5062, Potomac Center Plaza
                                               individual is qualified to address, and                   Issued under the authority of                        (PCP), Washington, DC 20202–5076.
                                               the interests such a person shall                       delegation in 49 CFR 1.27.                               Privacy Note: The Department’s policy is
                                               represent;                                                Dated: April 4, 2016.                                to make all comments received from
                                                  (2) A letter of support from a                                                                              members of the public available for public
                                                                                                       Kathryn B. Thomson,
                                               company, union, trade association, or                                                                          viewing in their entirety on the Federal
                                               non-profit organization on letterhead                   General Counsel.
                                                                                                                                                              eRulemaking Portal at www.regulations.gov.
                                               containing a brief description why the                  [FR Doc. 2016–08062 Filed 4–6–16; 8:45 am]             Therefore, commenters should be careful to
                                               nominee is qualified and should be                      BILLING CODE 4910–9X–P                                 include in their comments only information
                                               considered for membership to the extent                                                                        that they wish to make publicly available.
                                               the nominee proposes to represent
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                               parties with interest in this proceeding;               DEPARTMENT OF EDUCATION                                Kristen Rhinehart-Fernandez.
                                                  (3) A written commitment that the
                                               applicant or nominee shall actively                     34 CFR Chapter III                                     Telephone: (202) 245–6103 or by email:
                                               participate in good faith in the                                                                               Kristen.Rhinehart@ed.gov.
                                                                                                       [Docket ID ED–2016–OSERS–0005; CFDA                       If you use a telecommunications
                                               development of the rule under                           Number: 84.160C.]                                      device for the deaf (TDD) or a text
                                               consideration;
                                                  (4) Short biography of nominee                                                                              telephone (TTY), call the Federal Relay
                                                                                                       Proposed Priority—Training of                          Service (FRS), toll free, at 1–800–877–
                                               including professional and academic                     Interpreters for Individuals Who Are
                                               credentials;                                                                                                   8339.
                                                                                                       Deaf or Hard of Hearing and
                                                  (5) An affirmative statement that the                Individuals Who Are Deaf-Blind                         SUPPLEMENTARY INFORMATION:
                                               nominee meets all Committee eligibility                 program                                                  Invitation to Comment: We invite you
                                               requirements; and                                                                                              to submit comments regarding this
                                                  (6) If applicable, the reason(s) that the            AGENCY:  Office of Special Education and               notice. To ensure that your comments
                                               parties identified in this notice of intent             Rehabilitative Services, Department of                 have maximum effect in developing the
                                               as affected interests and stakeholders do               Education.                                             notice of final priority, we urge you to
                                               not adequately represent the interest of                ACTION: Proposed priority.                             identify clearly the specific section of
                                               the person submitting the application or                                                                       the proposed priority that each
                                               nomination.                                             SUMMARY:   The Assistant Secretary for                 comment addresses.
                                                  All individuals representing a                       Special Education and Rehabilitative                     We invite you to assist us in
                                               stakeholder interest who wish to serve                  Services announces a priority under the                complying with the specific
                                               on the Reg-Neg Committee should apply                   Training of Interpreters for Individuals               requirements of Executive Orders 12866
                                               for membership by supplying the                         Who Are Deaf or Hard of Hearing and                    and 13563 and their overall requirement
                                               information listed above. Please do not                 Individuals Who Are Deaf-Blind                         of reducing regulatory burden that
                                               send company, trade association, or                     program. The Assistant Secretary may                   might result from this proposed priority.
                                               organization brochures or any other                     use this priority for competitions in                  Please let us know of any further ways
                                               information. Materials submitted should                 fiscal year 2016 and later years. We take              we could reduce potential costs or
                                               total two single-spaced pages or less.                  this action to provide training and                    increase potential benefits while
                                               Should more information be needed,                      technical assistance to better prepare                 preserving the effective and efficient
                                               DOT staff will contact the nominee,                     novice interpreters to become highly                   administration of the program.
                                               obtain information from the nominee’s                   qualified nationally certified sign                      Specific Issues Open for Comment:
                                               past affiliations, or obtain information                language interpreters.                                   In addition to your general comments
                                               from publicly available sources, such as                DATES: We must receive your comments                   and recommended clarifications, we
                                               the Internet. Nominations may be                        on or before May 9, 2016.                              seek input on the proposed design of the
                                               emailed to accesscommittee@dot.gov.                     ADDRESSES: Submit your comments                        Experiential Learning Model
                                               Nominations must be received by April                   through the Federal eRulemaking Portal                 Demonstration Center for Novice
                                               21, 2016.                                               or via postal mail, commercial delivery,               Interpreters and Baccalaureate Degree
                                                  Nominees selected for appointment to                 or hand delivery. We will not accept                   ASL-English Interpretation Programs
                                               the Committee will be notified of                       comments submitted by fax or by email                  (Center) and expectations for
                                               appointment by email. Nominations are                   or those submitted after the comment                   implementation. We are particularly
                                               open to all individuals without regard to               period. To ensure that we do not receive               interested in your feedback on the
                                               race, color, religion, sex, national origin,            duplicate copies, please submit your                   following questions:
                                               age, mental or physical handicap,                       comments only once. In addition, please                  • Are the proposed required project
                                               marital status, or sexual orientation. To               include the Docket ID at the top of your               activities appropriate? Are there any
                                               ensure that recommendations to the                      comments.                                              additional project activities beyond
                                                                                                          • Federal eRulemaking Portal: Go to
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                                               Secretary take into account the needs of                                                                       those included in the proposed priority
                                               the diverse groups served by DOT,                       www.regulations.gov to submit your                     that should be considered? For example,
                                               membership shall include, to the extent                 comments electronically. Information                   are there any specific activities that may
                                               practicable, individuals with                           on using Regulations.gov, including                    be strongly associated with long-term
                                               demonstrated ability to represent                       instructions for accessing agency                      success for ASL-English interpreters
                                               persons with disabilities, minorities,                  documents, submitting comments, and                    that we have not included? If so, please
                                               and women. The Department will file                     viewing the docket, is available on the                specify what additional activities
                                               any comments it receives on this notice                 site under the ‘‘help’’ tab.                           should be required and why.


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Document Created: 2016-04-06 23:43:56
Document Modified: 2016-04-06 23:43:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of intent to establish the Accessible Air Transportation (ACCESS) Advisory Committee; Solicitation of applications and nominations for membership.
DatesComments and nominations for Committee membership must be received on or before April 21, 2016.
ContactIf you have questions about the regulatory negotiation, you may contact Livaughn Chapman or Blane A. Workie, Office of the Aviation Enforcement and Proceedings, U.S. Department of Transportation, by email at [email protected] or [email protected] or by telephone at 202-366-9342. To obtain a copy of this notice of intent in an accessible format, you may also contact Livaughn Chapman.
FR Citation81 FR 20265 
RIN Number2105-AE12

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