Passengers seeking to travel with their service animals in the main cabin may soon face new restrictions from airlines, as the Department of Transportation (“DOT”) recently published a Notice of Proposed Rulemaking (“NPRM”) to alter existing DOT regulations. 85 Fed. Reg. 6448 (Feb. 5, 2020). The NPRM represents DOT’s latest effort to carry out the Air Carrier Access Act of 1986, 49 U.S.C. § 1705 (“ACAA”), which prohibits air carriers from discriminating against a qualified individual on the basis of physical or mental impairment. The NPRM arises, in part, from DOT’s stated desire to harmonize its regulations with rules promulgated by the Department of Justice to implement Titles II and III of the American’s with Disabilities Act.
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February 2020
Quiet Skies Congressional Caucus Gets Brush Off from FAA
Many communities rely on Congressional representation to establish lines of communication with the Federal Aviation Administration (“FAA”) because communication with federal agencies in general and FAA particularly is difficult for the public at large. That reliance may have been overly optimistic as can be seen in a response from FAA (“Response”) to a letter from Congressperson Eleanor Holmes Norton representing the Congressional Quiet Skies Caucus (“Caucus”). In the Response, the new Administrator of the FAA betrays a substantial misunderstanding of the agency’s role in its interaction with both airports and the public.
The Caucus was established principally to articulate to the FAA the interests of noise and air quality impacted communities throughout the nation. While the examples used by the Caucus in its letter are substantially oriented toward East Coast concerns, the issues overlap with those of other communities, including the impacts of NextGen, the reorganization of arrival and departure paths at airports based on new technology, which has consolidated flight paths over previously unimpacted communities in the name of “safety” and “efficiency.”
The FAA’s misunderstanding becomes obvious on the first page of its Response, where FAA takes the position that it is powerless to influence the factors that are the primary cause of airport noise, such as numbers of people that want to fly, and goods that must be delivered by air, thus necessitating more air traffic. While that may be true with respect to demand for air travel, it is patently untrue with respect to supply.Continue Reading Quiet Skies Congressional Caucus Gets Brush Off from FAA