Proposed Rule Text

DOT is proposing to change several existing regulations. In the version below, proposed additions are bold for emphasis, deletions are struck-through, notations on the proposed changes are in italics.

We’ve separated the proposed rule text from the SNPRM for ease of reading. You can click on the section titles in the Table of Contents to navigate through the document or view and print a PDF version.

To see the full version of the current regulations, go to the online Code of Federal Regulations: 14 CFR Part 382 and 49 CFR Part 27.

Table of Contents:

14 CFR 382 – Nondiscrimination on the Basis of Disability in Air Travel

§382.3 What do the terms in this rule mean?

§382.31 May carriers impose special charges on passengers with a disability for providing services and accommodations required by this rule?

§382.43 Must information and reservation services of carriers be accessible to individuals with visual, hearing and other disabilities?

§382.57 What accessibility requirements apply to automated airport kiosks?

49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

§27.71 Airport facilities

PART 382—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL

1. The authority citation for Part 382 continues to read as follows:

Authority: 49 U.S.C. §§ 41702, 41705, 41712, and 41310.

2. Amend Section 382.3 by adding a definition for “automated airport kiosk”, “flight-related services” and “shared-use automated airport kiosk.”

§382.3 What do the terms in this rule mean?

Automated airport kiosk means a self-service transaction machine that a carrier owns, leases, or controls and makes available at a U.S. airport to enable customers to independently obtain flight-related services.

Flight-related services mean functions related to air travel including, but not limited to, ticket purchase, rebooking cancelled flights, seat selection, and obtaining boarding passes or bag tags.

Shared-use automated airport kiosk means a self-service transaction machine provided by an airport, a carrier, or an independent service provider with which any carrier having a compliant data set can collaborate to enable its customers to independently access the flight-related services it offers.

3. Section 382.31(c) is removed.

§ 382.31 May carriers impose special charges on passengers with a disability for providing services and accommodations required by this rule?

(a) Except as otherwise provided in this Part you must not, as a carrier, impose charges for providing facilities, equipment, or services that this rule requires to be provided to passengers with a disability. You may charge for services that this Part does not require.

(b) You may charge a passenger for the use of more than one seat if the passenger’s size or condition (e.g., use of a stretcher) causes him or her to occupy the space of more than one seat. This is not considered a special charge under this section.

(c) If your web site that passengers use to make reservations or purchase tickets is not accessible to a passenger with a disability, you must not charge a fee to the passenger who is consequently unable to make a reservation or purchase a ticket on that site for using another booking method (e.g., making a reservation by phone). If a discount is made available to a passenger who books a flight using an inaccessible web site, you must make that discount available to a passenger with a disability who cannot use the web site and who purchases a ticket from you using another method.

4. Section 382.43 is amended by revising the title and adding paragraphs (c) through (f) to read as follows:

§382.43 Must information and reservation services of carriers be accessible to individuals with visual, hearing ~~impairments~~, and other disabilities?

(c) As a U.S. or foreign carrier that owns or controls a primary Web site that markets air transportation, you must ensure the public-facing Web pages on your Web site are accessible to individuals with disabilities in accordance with this section. As a foreign carrier, only Web pages on your Web site involved in marketing covered air transportation to the general public in the U.S. must be accessible to individuals with disabilities. Covered Web pages and Web sites must conform to all Level A and Level AA Success Criteria and all Conformance Requirements from the World Wide Web Consortium (W3C) Recommendation 11 December 2008, Website Content Accessibility Guidelines (WCAG) 2.0 as specified below:

(1) A new or completely redesigned primary Web site placed online on or after [insert date 180 days from the effective date of the final rule] shall be conformant. A complete redesign means technical changes affecting a substantial portion of the site such as its visual design (the site’s “look and feel”), upgrading the site to ensure its overall compliance with technical standards, or reorganizing the site’s information architecture. Updating the information content of one or more Web pages alone would not constitute a Web site redesign.

(2) Web pages on an existing Web site associated with obtaining the following services and information shall either be directly conformant on your primary Web site or have accessible links from the non-conforming pages on your primary Web site to corresponding pages on your mobile Web site that are conformant by [insert date one year from the effective date of the final rule]:

(i) Booking or changing a reservation;

(ii) Checking-in for a flight;

(iii) Accessing a personal travel itinerary;

(iv) Accessing the status of a flight;

(v) Accessing a personal frequent flyer account;

(vi) Accessing flight schedules; and

(vii) Accessing carrier contact information.

(3) All covered Web pages on your primary Web site, including those made conformant during the second phase by a link to a conformant page on your mobile Web site, shall be conformant by [insert date two years from the effective date of this rule].

(d) As a carrier, when marketing your airline tickets on the Web site of a ticket agent whose annual receipts exceed the maximum established in 13 CFR 121.201, you must ensure that the Web pages on which such tickets are marketed conform to all WCAG 2.0 Level A and Level AA Success Criteria and all Conformance Requirements by [insert date two years from the effective date of the final rule]. You are not required to apply this requirement with respect to ticket agents whose annual receipts do not exceed the maximum established in 13 CFR 121.201; however, you must ensure that Web-based fare discounts and other Web-based amenities provided to customers by such agents on your behalf are made available to a person with a disability who indicates that he or she cannot use the agents’ Web sites and who purchases a ticket using another method.

(e) As a carrier, until your Web sites are fully accessible in accordance with the requirements of this section, you must assist a prospective passenger who contacts you through another channel (e.g., telephone or walk-in) and indicates that he or she is unable to use your inaccessible Web site due to a disability as follows:

(1) Disclose Web-based discount fares, if his or her itinerary qualifies for the discounted fare.

(2) Waive any applicable fee to make a reservation or purchase a ticket using a method other than your Web site (e.g., by phone).

(f) As a carrier, you must assist a prospective passenger who indicates that he or she is unable to use your accessible Web site due to a disability and contacts you through another channel (e.g., telephone or walk-in) in accordance with paragraphs (e)(1) and (e)(2) above.

5. Section 382.57 is revised to read as follows:

§382.57 ~~What services must carriers provide if their automated kiosks are inaccessible?~~ What accessibility requirements apply to automated airport kiosks?

As a carrier, if your automated kiosks in airport terminals cannot readily be used by a passenger with a disability for such functions as ticketing and obtaining boarding passes that the kiosks make available to other passengers, you must provide equivalent service to the passenger (e.g., by assistance from your personnel in using the kiosk or allowing the passenger to come to the front of the line at the check-in counter).

(a) As a carrier, you must ensure that the requirements set forth below are followed for any automated airport kiosk you own, lease, or control for which an order is initiated after [insert date 60 days after the effective date of the rule] for installation at a U.S. airport with 10,000 or more enplanements per year.

(1) You shall ensure that all new orders for automated airport kiosks are for models that meet the design specifications set forth in paragraph (c) below. You are not required to retrofit existing kiosks.

(2) Until all automated airport kiosks you own, lease, or control at an airport location meet the design specifications in paragraph (c), you must ensure that each such kiosk you order is:

(i) visually and tactilely identifiable to users as accessible (e.g., a raised ADA-compliant international symbol of accessibility affixed to the front of the device).

(ii) maintained in proper working condition.

(b) As a carrier, you must ensure that the requirements set forth below are followed for any shared-use automated airport kiosk you jointly own, lease, or control with the airport operator for which an order is initiated after [insert date 60 days after the effective date of the rule] for installation at a U.S. airport with 10,000 or more enplanements per year.

(1) By [insert 60 days after the effective date of the rule], you must have a written, signed agreement with the airport operator allocating responsibility for ensuring that the shared-use automated airport kiosks meet the design specifications set forth in paragraph (c) in accordance with the requirements of subparagraphs (2) through (3) below. Carriers and airport operators are jointly and severally responsible for the timely and complete implementation of the agreement provisions.

(2) You shall ensure that all new orders for shared-use automated airport kiosks are for models that meet the design specifications set forth in paragraph (c) below. You are not required to retrofit existing kiosks.

(3) Until all shared-use automated airport kiosks meet the design specifications in paragraph (c), you must ensure that each such kiosk you order is:

(i) visually and tactilely identifiable to users as accessible (e.g., a raised ADA-compliant international symbol of accessibility affixed to the front of the device).

(ii) maintained in proper working condition.

(c) You must ensure that the automated airport kiosks provided in accordance with this section conform to the following technical accessibility standards with respect to their physical design and the functions they perform:

(1) Self Contained. Except for personal headsets and audio loops, automated kiosks shall be operable without requiring the user to attach assistive technology.

(2) Clear Floor or Ground Space. A clear floor or ground space complying with 36 CFR Part 1191, appendix D, section 305 of the U.S. Department of Justice’s 2010 ADA Standards for Accessible Design shall be provided.

(3) Operable Parts. Operable parts shall comply with subsection (c)(3) and 36 CFR Part 1191, appendix D, section 309 of the 2010 ADA Standards.

(i) Identification. Operable parts shall be tactilely discernible without activation.

(ii) Timing. Where a timed response is required, the user shall be alerted by touch or sound and shall be given the opportunity to indicate that more time is required.

(iii) Status Indicators. Status indicators, including all locking or toggle controls or keys, shall be discernible either through touch or sound.

(iv) Color. Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.

(4) Privacy. Automated airport kiosks shall provide the opportunity for the same degree of privacy of input and output available to all individuals.

(5) Output. Automated airport kiosks shall comply with subsection (c)(5).

(i) Speech Enabled. Automated airport kiosks shall be speech enabled. Operating instructions and orientation, visible transaction prompts, user input verification, error messages, and all displayed information for full use shall be accessible to and independently usable by individuals with vision impairments. Speech shall be delivered through a mechanism that is readily available to all users, including but not limited to, an industry standard connector or a telephone handset. Speech shall be recorded or digitized human, or synthesized. Speech shall be coordinated with information displayed on the screen. Speech shall comply with subparagraphs 1) and 2) below.

EXCEPTIONS:

1. Audible tones shall be permitted instead of speech for visible output that is not displayed for security purposes, including but not limited to, asterisks representing personal identification numbers.

2. Advertisements and other similar information shall not be required to be audible unless they convey information that can be used in the transaction being conducted.

1) User Control. Speech for any single function shall be automatically interrupted when a transaction is selected. Speech shall be capable of being repeated and paused.

2) Receipts, Tickets, and Transactional Outputs. Where receipts, tickets, or other outputs are provided as a result of a transaction, speech output shall include all information necessary to complete or verify the transaction.

EXCEPTIONS:

1. Automated airport kiosk location, date and time of transaction, customer account numbers, and the kiosk identifier shall not be required to be audible.

2. Information that duplicates information available on-screen and already presented audibly shall not be required to be repeated.

3. Printed copies of a carrier’s contract of carriage, applicable fare rules, itineraries and other similar supplemental information that may be included with a boarding pass shall not be required to be audible.

ADVISORY: Receipts, Tickets, and Transaction Outputs.

1. The information necessary to complete or verify a transaction depends on the nature of the transaction and the automated kiosk type. Where automated kiosks provide boarding passes and other similar transactional outputs, information such as concourse, gate number, seat number, and boarding group is necessary to complete and verify a transaction.

2. Receipts, tickets, and similar transactional output usually are printed, but this is not always the case. For example, a boarding pass might be transferred to a smart phone or personal digital assistant. Regardless of the delivery method, the automated kiosk must convey to the user the information provided in receipts, tickets and other similar transactional outputs that is necessary to complete and verify a transaction.

(ii) Volume Control. Automated kiosks shall provide volume control complying with subsection (c)(5)(ii).

1) Private Listening. Where speech required by (c)(5)(i) is delivered through a mechanism for private listening, the automated kiosk shall provide a means for controlling the volume.

2) Speaker Volume. Where sound is delivered through speakers on the automated kiosk, incremental volume control shall be provided with output amplification up to a level of at least 65 dB SPL. Where the ambient noise level of the environment is above 45 dB SPL, a volume gain of at least 20 dB above the ambient level shall be user selectable. A function shall be provided to automatically reset the volume to the default level after every use.

(iii) Captioning. Multimedia content that contains speech or other audio information necessary for the comprehension of the content shall be open or closed captioned.

EXCEPTION: Advertisements and other similar information shall not be required to be captioned unless they convey information that can be used in the transaction being conducted.

(iv) Tickets and Boarding Passes. Where tickets or boarding passes are provided, tickets and boarding passes shall have an orientation that is tactilely discernable if orientation is important to further use of the ticket or boarding pass.

(6) Input. Input devices shall comply with subparagraphs (i) through (iii) below.

(i) Input Controls. At least one tactilely discernible input control shall be provided for each function. Where provided, key surfaces not on active areas of display screens, shall be raised above surrounding surfaces. Where touch or membrane keys are the only method of input, each shall be tactilely discernable from surrounding surfaces and adjacent keys.

(ii) Numeric Keys. Numeric keys shall be arranged in a 12-key ascending or descending telephone keypad layout. The number five key shall be tactilely distinct from the other keys.

(iii) Function Keys. Function keys shall comply with subparagraphs 1) and 2) below.

1) Contrast. Function keys shall contrast visually from background surfaces. Characters and symbols on key surfaces shall contrast visually from key surfaces. Visual contrast shall be either light-on-dark or dark-on-light.

EXCEPTION: Tactile symbols required by (c)(6)(iii)2) shall not be required to comply with (c)(6)(iii)1).

2) Tactile Symbols. Function key surfaces shall have tactile symbols as follows: Enter or Proceed key: raised circle; Clear or Correct key: raised left arrow; Cancel key: raised letter ex; Add Value key: raised plus sign; Decrease Value key: raised minus sign.

(7) Display Screen. The display screen shall comply with subparagraphs (i) and (ii) below.

(i) Visibility. The display screen shall be visible from a point located 40 inches (1015 mm) above the center of the clear floor space in front of the automated kiosk.

(8) Braille Instructions. Braille instructions for initiating the speech mode shall be provided. Braille shall comply with 36 CFR Part 1191, appendix D, section 703.3 of the 2010 ADA Standards.

(9) Biometrics. Biometrics shall not be the only means for user identification or control.

EXCEPTION: Where at least two biometric options that use different biological characteristics are provided, automated kiosks shall be permitted to use biometrics as the only means for user identification or control.

(d) Until you have met the requirements of paragraphs (a) or (b), and (c) above, you must provide equivalent service upon request to passengers with a disability who cannot readily use your automated airport kiosks (e.g., by directing a passenger who is blind to an accessible automated kiosk, assisting a passenger in using an inaccessible automated kiosk, or allowing the passenger to come to the front of the line at the check-in counter). (e) You must provide appropriate equivalent service as described in paragraph (d) above upon request to any passenger, who due to his or her disability, cannot readily use an accessible automated kiosk that you own, lease, or control at a U.S. airport.

PART 27—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE1. 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. Section 27.71 is amended by adding paragraphs (j) and (k) as follows:

§27.71 Airport facilities.

(j) Shared-use automated airport kiosks.This subsection applies to U.S. airports with 10,000 or more annual enplanements.

(1) With respect to shared-use automated airport kiosks that are jointly owned, leased, or controlled with carriers, the airport operator must ensure that all automated kiosks installed at each airport location are accessible to passengers with disabilities by following the design specifications set forth in paragraph (k) below.

(2) No later than [insert date 60 days after the effective date of the rule], the airport operator shall have a written, signed agreement with the carriers at that airport that are subject to 14 CFR 382.57(b) allocating responsibility for ensuring that shared-use automated kiosks meet the design specifications set forth in paragraph (k) in accordance with the requirements of subparagraphs (1), (3), and (4).

(i) The agreements must ensure that accessible shared-use automated airport kiosks are maintained in proper working condition until all automated kiosks installed at each airport location are accessible to passengers with disabilities.

(ii) Airport operators and carriers are jointly and severally responsible for the timely and complete implementation of the agreement provisions.

(3) Airport operators that jointly own, lease, or control automated airport kiosks with carriers shall ensure that all new orders for shared-use automated kiosks initiated [insert date 60 days after the effective date of the rule] meet the design specifications set forth in paragraph (k). There is no requirement to retrofit existing kiosks.

(4) Until all automated airport kiosks meet the design specifications in paragraph (k), each shared-use automated kiosk that meets the design specifications in paragraph (k) shall be visually and tactilely identifiable to users as accessible (e.g., a raised ADA-compliant international symbol of accessibility affixed to the front of the device).

(k) Technical standards for shared-use automated kiosks.Shared-use automated airport kiosks provided in accordance with subsection (j) above must conform to the following technical accessibility standards with respect to their physical design and the functions they perform: