Comments - Regional Airline Association

In sum, this proposal does not meet the directives in EO 12866 3 or 13563 and would be an undueburden because its costs outweigh its benefits. Therefore, we offer multiple alternatives thatprovide the same benefits but with a significantly less onerous regulatory approach. Inparticular, we recommend the Department adopt “regulatory alternatives” that include specificalternative compliant options for kiosks and websites and extended compliance periods that willallow additional time to analyze and plan the development that will need to be done and absorbthe substantial costs of these accommodations. Finally, the Department should also considerdelaying this rulemaking until the U.S. Access Board and the Department of Justice finalizepending accessible kiosk and website accessibility regulations.II.BackgroundThe Air Carrier Access Act (“ACAA”), passed by Congress in 1986, prohibits discrimination inairline service on the basis of disability. The Department issued a final rule implementing theACAA, 14 CFR part 382 (Part 382) in 1990. In 2004, the Department proposed to requireaccessible website standards using the Section 508 standards in 36 CFR 1194.22 that apply tofederal government agencies. 4 In the 2008 final rule, the Department recognized that manyexisting carrier websites at that time already provided a degree of accessibility. 5 The Departmentrefrained from adopting the proposed web standards because it did not have enough informationabout the costs and technical issues involved with mandating such standards. 6 In the 2008 finalrule, the Department provided options for carriers that do not have a fully accessible website,which still apply today. Carriers that do not have an accessible website (1) must not chargepassengers with a disability a fee for booking tickets by other methods (such as by phone) and(2) must provide the same web discounted fares to passengers with a disability that cannot usethe web site and they self-identify over the phone.For kiosks, the Department asked in a 2004 NPRM if it should impose Section 508 kioskstandards to airline kiosks. 7 The Department did not adopt these standards in a 2008 final rulebecause it did not have enough information on the costs and technical issues involved withmandating accessible kiosks. 8 The 2008 final rule did require carriers that do not have accessiblekiosks to provide equivalent services to passengers with disabilities, for example by assistingpassengers in using the kiosk or allowing the passenger to come to the front of the line at thecheck-in counter.3Executive Order 12866, September 30, 1993.4 69 Fed. Reg. 64383-45 73 Fed. Reg. 26737.6 73 Fed. Reg. 27637.7 69 Fed. Reg. 64370.8 73 Fed. Reg. 27619.5