Summary: This final rule amends the Department's Air Carrier Access Act (ACAA) regulation to improve the accessibility of lavatories on single-aisle aircraft. The rule aims to ensure the air transportation system is accessible for individuals with disabilities, particularly those with mobility impairments who face significant challenges using standard lavatories on single-aisle aircraft, especially during long-haul flights. The ruling impacts § 382.63 and § 382.64 for accessible lavatories in airplanes.
Agency: Department of Transportation, Office of the Secretary (DOT)
Action: Final Rule
Source: Federal Register :: Accessible Lavatories on Single-Aisle Aircraft (88 FR 50020), August 1, 2023, eCFR :: 14 CFR 382.63 -- What are the requirements for accessible lavatories? (FAR 382.63), and eCFR :: 14 CFR 382.64 -- What are the requirements for large accessible lavatories on single-aisle aircraft? (FAR 382.64)
Key Provisions:
This rule establishes two sets of provisions: short-term improvements to be implemented within three years and long-term improvements to be implemented within ten to twelve years.
I. Short-Term Improvements (Effective October 2, 2026):
Applicability:
Primarily applies to single-aisle aircraft with 125+ seats, but some provisions apply to aircraft with 60+ seats.
Lavatory Interiors:
Grab bars must be installed and positioned to meet the needs of individuals with disabilities, complying with ADA standards.
Faucets must have tactile temperature controls or dispense water at a safe temperature to eliminate scalding risk.
Attendant call buttons and door locks must be accessible to a seated individual, including tactile markings for those with visual disabilities.
Controls and dispensers must be discernible by touch and operable with one hand without requiring tight grasping or twisting.
Minimum obstruction at the door sill to facilitate on-board wheelchair (OBW) passage.
Maintain existing toe clearance for OBW maneuverability.
Provide a visual barrier on request to ensure privacy for passengers using the lavatory with the door open.
On-Board Wheelchair (OBW) Improvements:
OBWs must facilitate safe transfer to and from aircraft seats, have locking wheels, adequate padding and restraints.
OBWs must permit partial entry into the lavatory in a forward position for transfer to the toilet.
OBWs must be maneuverable into the lavatory to allow the door to close completely. If this isn't feasible in the short term, a visual barrier must be provided.
Airlines must stow OBWs in any safe available space, including overhead bins if necessary, and obtain FAA approval for alternate stowage.
Training and Information:
Annual hands-on training for flight attendants on OBW use, stowage, and assisting passengers to and from the lavatory.
Information within the aircraft and on airline websites regarding lavatory accessibility features, including diagrams of accessible features and controls.
International Symbol of Accessibility:
Remove the symbol from lavatories not capable of facilitating a seated independent transfer from the OBW to the toilet.
Apply the symbol to lavatories that can facilitate a seated independent transfer.
Sharps and Bio-Waste Procedures:
Airlines must develop procedures for handling sharps and bio-waste and inform passengers of these procedures upon request.
II. Long-Term Improvements (Effective for new aircraft orders after 10 years, deliveries after 12 years, and new type-certificate designs filed after 1 year):
Applicability: Applies to new single-aisle aircraft with 125+ seats.
Expanded Lavatory Size: Lavatories must be large enough to accommodate a passenger and attendant, both the size of a 95th percentile male, using the OBW, ensuring privacy equivalent to ambulatory users.
Rationale for Regulation:
The DOT emphasizes that regulation is necessary because the private market has failed to address the need for accessible lavatories on single-aisle aircraft. The rule acknowledges the human rights aspect of this issue, promoting the freedom to travel for people with disabilities.
"It is an unfortunate reality that today, many air travelers with disabilities, knowing that they will not be able to use the lavatory during a flight, may dehydrate themselves or even withhold bodily functions so that they do not need to urinate. These actions can cause adverse health effects, including increased chances of urinary tract infections."
Economic Impact:
The DOT's analysis estimates the rule's benefits to outweigh its costs. The rule acknowledges potential cost increases for airlines, which may lead to slight airfare increases. However, the DOT emphasizes the unquantifiable benefits associated with ensuring accessible air travel for people with disabilities.
Conclusion:
This final rule signifies a crucial step towards making air travel more inclusive and accessible for passengers with disabilities. While challenges remain in implementing these provisions, the rule creates a framework for airlines and manufacturers to work collaboratively and ensure air travel is a dignified and equitable experience for everyone.
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