Comments - Regional Airline Association

D. Additional Time is NeededThe Department should provide additional compliance time for all of the four options listedabove. As observed by Mr. Maerten and as detailed in our cost/benefit comments below,converting airline websites to meet any accessibility standard is a major undertaking. Carriersneed additional time to plan, design, incorporate, and test websites after the final rule. Wetherefore recommend the Department provide a 2-year compliance period for all of the fouroptions suggested above. 28E. CostsAs described in more detail in the next section of these comments, the costs of the accessiblewebsite standards in this SNPRM would be substantial and should be revised to allow any of thefour options we suggest. The PRA vastly underestimates the costs by over $100 million andoverestimates the benefits by $40 million.The Department should also delay a part 382 final rule until the U.S. Access Board finalizes aSection 508 web accessibility standard and DOJ finalizes a Title II & III web accessibilitystandard. The PRA cost estimates are likely to be even further underestimated as this part 382SNPRM is the first federal regulatory attempt to mandate WCAG 2.0. The Department wouldbenefit from additional information gathered during the Access Board and DOJ rulemakingprocess and should implement a part 382 web accessibility after other federal efforts arecomplete.V. Cost Benefit CommentsExecutive Order 12866 directs that “[e]ach agency shall assess both the costs and the benefits ofthe intended regulation and … propose or adopt a regulation only upon a reasoned determinationthat the benefits of the intended regulation justify its costs.” 29 In addition, Executive Order13563 directs agencies to “identify and use the best, most innovative, and least burdensome toolsfor achieving regulatory ends.” 30 This SNPRM does not meet either Executive Order standardbecause the costs clearly outweigh the benefits and the SNPRM includes strict mandates thatwould prevent innovation and impose an undue burden. Moreover, as explained below, the DOTproposals significantly underestimate the actual costs of implementing the contemplatedregulations. The Department should not adopt this SNPRM as proposed but must modify it toensure the benefits outweigh the costs. We have provided a road map for this goal,28 If the Department adopts the SNPRM as proposed, which it should not, we recommend a two-year tier twocompliance period and a four-year tier three compliance period. We note that The Federal Government has hadsimilar trouble complying with accessibility requirements, as most recently encountered by individuals withdisabilities using www.regulations.gov. See Transcript of United States Access Board‟s May 12, 2010 PublicHearing on the ICT Advance Notice of Proposed Rulemaking, at 6 (available at http://www.accessboard.gov/sec508/refresh/hearingnotice.htm)(last visited Jan. 7, 2011).”29 E.O. 12866 at § 1(b)(6).30 E.O. 13563 § 1(a).15