Comments - Regional Airline Association

oth for the disability community and other air carrier customers. We respectfully request theDepartment to consider several alternative approaches to this SNPRM, discussed below, thatwould more efficiently and effectively provide the same accommodations and benefits it seeks toachieve.The flexible regulatory approach we seek is, in fact, one of the cornerstones of Executive Order13563, which states:Sec. 4. Flexible Approaches. Where relevant, feasible, and consistent with regulatoryobjectives, and to the extent permitted by law, each agency shall identify and considerregulatory approaches that reduce burdens and maintain flexibility and freedom of choicefor the public. These approaches include warnings, appropriate default rules, anddisclosure requirements as well as provision of information to the public in a form that isclear and intelligible [emphasis added]. 1Cass Sunstein, Administrator, Office of Management and Budget (OMB) recently elaborated onsection 4 and reiterated its importance:Section 4 acknowledges the importance of considering flexible approaches andalternatives to mandates, prohibitions, and command-and-control regulation. Itemphasizes the potential value of approaches that maintain freedom of choice andimprove the operation of free markets (for example, by promoting informed decisions). Itdirects agencies to consider the use of tools that can promote regulatory goals throughactions that are often less expensive and more effective than mandates and outrightprohibitions. When properly used, these tools may also encourage innovation and growthas well as competition among regulated entities. 2The Department has an opportunity to reaffirm the collective efforts of the Department andindustry while addressing the needs of passengers with disabilities, but it should do so in amanner that embraces Administrator Sunstein‟s guidance and EO 13563 directives by adopting amore flexible approach rather than a traditional prescriptive regulation. Doing so would enablethe Department to more meaningfully and effectively manage its long-term goal of increasingaccessibility for air carrier passengers by harnessing the flexibility and power inherent intechnological innovations and market forces. Such an approach would also build uponinnovation and investments already made and that continue to be made by carriers and utilizedby many passengers. Finally, a flexible approach would allow carriers to continue innovatingand improving the user experience for all customers by implementing the latest technology forcustomers with disabilities.1 Executive Order 13563, January 18, 2011.2 MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES, AND OFINDEPENDENT REGULATORY AGENCIES, M-11-10, Cass Sunstein, Administrator, Office of Management andBudget, February 2, 2011.4