A Report on Airline Ticketing Practices and Seating Accommodations

July 2021 BY THE AIR CARRIER ACCESS ACT ADVISORY COMMITTEE’S SUBCOMMITTEE ON TICKETING PRACTICES AND SEATING ACCOMMODATIONS Jim Sinocchi, Chair of the ACAA Advisory Committee and representative of passengers with disabilities. Zainab Alkebsi, National Association of the Deaf, as representative of national disability organizations. Doug Lavin, International Air Transport Association, as representative of airlines. Paige Mazzoni, Canine Companions for Independence, as representative of national disability organizations. Gregory Reed, Disabled American Veterans, as representative of national veterans’ organizations representing disabled veterans. Kenneth Shiotani, National Disability Rights Network, as representative of national organizations. Dallas Thomas, Southwest Airlines, as representative of airlines. Blane Workie, DOT, Designated Federal Officer.

2

Table of Contents Chapter 1: Overview ....................................................................................................................... 3

1.1. Introduction ................................................................................................................. 3

1.2. Statutory Framework and Background ....................................................................... 3

1.3. Scope of the Subcommittee’s Review ........................................................................ 4

1.4. Subcommittee Process and Analysis .......................................................................... 4

1.5. Summary of the Subcommittee’s Findings and Recommendations ........................... 6

Chapter 2: Ticketing Practices ........................................................................................................ 8

2.1. Legal Framework ........................................................................................................ 8

2.2. Current Challenges...................................................................................................... 9

2.3. Basis for Recommendations ....................................................................................... 9

2.3.1. Application of SSR Codes by Airlines and Ticket Agents ........................ 10

2.3.2. Storing and Sharing Special Service Accommodation Requests ................ 11

2.3.3. Passenger Awareness of Disability Accommodation Options ................... 13

2.3.4. Disability Accommodation Request Forms ............................................... 13

2.3.5. Written Confirmation of Disability Accommodation Requests................. 14

Chapter 3: Training on Special Service Accommodation ............................................................. 15

3.1. Legal Framework ...................................................................................................... 15

3.2. Current Challenges.................................................................................................... 16

3.3. Basis of Recommendations ....................................................................................... 16

Chapter 4: Bulkhead Seating ........................................................................................................ 17

4.1. Legal Regulatory Framework ................................................................................... 17

4.2. Current Challenges.................................................................................................... 19

4.3. Basis of Recommendations ....................................................................................... 19

4.3.1. Scope of Passengers with Disabilities Entitled to Bulkhead Seating ........ 19

4.3.2. Bulkhead Seating in All Classes of Service ............................................... 20

3

Chapter 1: Overview 1.1. Introduction In March 2020, the Subcommittee on Ticketing Practices and Seating Accommodation (Subcommittee), consisting of representatives of national disability organizations, passengers with disabilities, domestic airlines, and foreign airlines, was established. It was charged with the following tasks: assessing the Department of Transportation’s (Department) current regulations with respect to practices for ticketing, pre-flight seat assignments, and access to bulkhead seating; identifying the challenges and barriers that passengers with disabilities face in these areas; and providing recommendations to the Air Carrier Access Act (ACAA) Advisory Committee on improvements to practices for ticketing, pre-flight seat assignments, and access to bulkhead seating that will improve the air travel experience of passengers with disabilities. Between July 2020 and November 2020, the Subcommittee held six meetings. At the meetings, the Subcommittee heard from speakers representing passengers with disabilities, airlines, and ticket agents (including online travel agencies, traditional brick and mortar agents, and Global Distribution Systems1 (GDS)) in order to better understand and evaluate current industry practices and the challenges faced by passengers with disabilities. The Subcommittee also reviewed the results of airline and ticket agents’ surveys regarding the training of reservation agents and other personnel who are responsible for inputting passengers’ disability accommodation requests into reservation systems. The Subcommittee has carefully evaluated the issues related to ticketing practices, pre-flight seat assignments, and access to bulkhead seating and has prepared this report for the ACAA Advisory Committee. This report provides information on existing airline and ticket agent practices on ticketing, pre-flight seat assignments, and bulkhead seating and discusses the challenges and barriers that passengers with disabilities face in these areas. The report describes the Subcommittee’s findings and offers recommendations to the ACAA Advisory Committee. 1.2. Statutory Framework and Background Section 439 of the FAA Reauthorization Act of 2018 (FAA Act) requires the Department to establish an advisory committee to assess barriers to accessible air travel, determine the extent to which DOT is addressing those barriers, and recommend improvements. Section 438 of the FAA Act specifies that the ACAA Advisory Committee’s responsibilities include assessing the current regulations with respect to practices for ticketing, pre-flight seat assignments, access to bulkhead seating, and stowing of assistive devices for passengers with disabilities and providing recommendations on whether current regulations in these areas should be modified. Section 438 further states the ACAA Advisory Committee must submit to the Department and the appropriate committees of Congress a report of its review and recommendations. Further, section 439 requires the ACAA Advisory Committee to submit an annual report to the Department on whether its current regulations, programs, and activities are addressing existing disability-related

1 GDSs essentially facilitate the purchase of tickets between airlines and consumers through third parties. In the U.S., three GDSs (Sabre, Travelport and Amadeus) control the distribution of the airline product for the ticket agent channel and most airlines use GDSs to distribute their products to ticket agents, including corporate travel agents.

4

access barriers encountered by air travelers with disabilities. In September 2019, the Department established the ACAA Advisory Committee, approved its charter, and appointed 19 members in accordance with the Federal Advisory Committee Act, 5 U.S.C. App. 2. The first meeting of the ACAA Advisory Committee was held on March 10 and 11, 2020, in Washington, D.C.2 The purpose of the first meeting was to gather information on the barriers encountered by passengers with disabilities in the following areas: ticketing; pre-flight seat assignments; access to bulkhead seating; stowage of assistive devices; guide and wheelchair assistance at airports and on aircraft. In addition, the Department consulted with the ACAA Advisory Committee in developing the “Airline Passenger with Disabilities Bill of Rights.” In each of these areas, the ACAA Advisory Committee heard from speakers who provided an overview of: the applicable rules, requirements, and complaint data; challenges faced by air travelers with disabilities; and airlines’ policies and procedures. At the first meeting, the Department consulted with the ACAA Advisory Committee on establishing subcommittees to help the Committee with its work and soon thereafter established three subcommittees to address to following statutorily-required topics: (1) ticketing practices and seating accommodations; (2) stowage of assistive devices; and (3) assistance at airports and on aircraft and related training of carrier personnel and contractors. 1.3. Scope of the Subcommittee’s Review This Subcommittee was charged with reviewing the Department’s current regulations related to practices for ticketing, pre-flight seat assignments, and access to bulkhead seating for passengers with disabilities and identifying the challenges and barriers that passengers with disabilities face in these areas. In addition, the Subcommittee was tasked with providing recommendations on whether the Department’s current regulations should be modified or new regulations issued to (1) provide accommodations for passengers with disabilities, if requested, in ticketing and pre-flight seat assignments and (2) require covered carriers to provide priority access to bulkhead seating to passengers with disabilities who need access to features of those seats due to disabilities regardless of class of service of ticket purchased. 1.4. Subcommittee Process and Analysis The DFO assigned current members of the ACAA Advisory Committee to the Subcommittees. To ensure that multiple perspectives were represented on the Subcommittee and that membership of the Subcommittee was balanced, one individual who was not a member of the ACAA Advisory Committee was also appointed to the Subcommittee. The subcommittee included representatives of passengers with disabilities, national disability organizations, airlines, and a national veterans organization representing disabled veterans.

Between July 2020 and November 2020, the Subcommittee held six all day meetings. Due to the COVID-19 public health emergency, all the meetings were held virtually. The first

2 The summary of the first meeting can be found on www.regulations.gov, docket DOT-OST-2018-0204, and on the ACAA Advisory Committee’s web site at www.transportation.gov/airconsumer/ACAACommittee.

5

Subcommittee meeting was held on July 13, 2020. Much of the first meeting was devoted to the issue of ticket practices. The Subcommittee discussed how passengers with disabilities make requests for disability accommodation with the airlines and how the airlines process disability accommodation requests. The Subcommittee members reflected on the use of special service request (SSR) codes and gathered information on how airlines use SSRs to communicate passengers’ disability accommodation requests. The second Subcommittee meeting was held on August 3, 2020. The Subcommittee discussed the feasibility of storing and sharing SSR data so that passengers with disabilities would not have to submit a new disability accommodation request each time they book new flights. The Subcommittee also discussed the airlines’ online forms that passengers with disabilities may use to request disability accommodations. With respect to seating accommodations, the Subcommittee began discussing whether the current regulations regarding bulkhead seating should be amended to expand the categories of passengers with disabilities who are entitled to bulkhead seating. The Subcommittee also considered whether priority access to bulkhead seating should be provided to passengers with disabilities regardless of the class of service that they purchased. The third Subcommittee meeting was held on August 24, 2020. The Subcommittee continued discussing the feasibility of storing and sharing SSR data, the airlines’ online forms that passengers with disabilities may use to request disability accommodations, and bulkhead seating. The Subcommittee also heard from a representative from the American Society of Travel Advisors (ASTA) and learned about the perspective of travel agents regarding requests for accommodations and SSR codes. The Subcommittee also gathered information on how passengers with disabilities make requests for disability accommodation when booking air transportation through travel agents and how travel agents convey those requests to the airlines. The fourth Subcommittee meeting was held on October 19, 2020. The Subcommittee heard from GDS representatives (Sabre and Travelport) regarding their perspective on SSR codes. The Subcommittee also discussed the importance of written confirmation of pre-travel disability accommodation requests by airlines and ticket agents. The Subcommittee continued discussions about updating the IATA Model Disability Accommodation Form and the creation of a working group, which would include disability organizations, to address this matter. The fifth Subcommittee meeting was held on November 9, 2020. The Subcommittee continued to discuss storing SSR data and written confirmation of disability accommodation requests by airlines and travel agents. The Subcommittee analyzed and discussed the results of an airline training survey. The sixth and final meeting of the Subcommittee was held on November 30, 2020. The Subcommittee continued discussing the issue of training and analyzed the results of a ticket agent training survey. Additionally, the Subcommittee heard from an airline that currently is storing SSR data in their frequent flyer program and discussed the feasibility of long term storage of disability accommodation requests data for other airlines and ticket agents. The Subcommittee concluded its final meeting by discussing the Findings and Recommendations.

6

1.5. Summary of the Subcommittee’s Findings and Recommendations In accordance with the FAA Act, the Subcommittee has assessed the Department’s current regulations with respect to practices for ticketing, pre-flight seat assignments, and access to bulkhead seating; evaluated the current practices of airlines and ticket agents; and identified the challenges and barriers that passengers with disabilities face in these areas. Below is a summary of the Subcommittee’s findings and recommendations. Findings a. Air passengers with disabilities may require services and assistance to facilitate their travel

experience. Today, airlines and travel agents take requests from passengers with disabilities for special accommodation and transmit those requests in the form of international standardized codes (SSRs) both at the time of booking and thereafter until the passenger’s travel with the airline is completed. The IATA Resolution that governs this process is Resolution 700 “Acceptance and Carriage of Passengers Requiring Special Assistance,” a globally and universally agreed standard used in millions of transactions between and among airlines and travel agencies.

b. Despite the existence of Resolution 700, airlines and travel agents may not be consistent in their application of SSR codes when it comes to passengers’ disability accommodation and assistance.

c. Airlines typically dispose of SSR data after a passenger’s trip is completed. Passengers with disabilities make new accommodation and service requests every time they travel, even if they are flying with the same airline. However, a few airlines and large ticket agents store data in a passenger’s profile as a standard practice. Updating of airline or ticket agent systems to allow for the storage of this information may raise passenger privacy and regulatory issues and could have cost implications.

d. Passengers with disabilities may not be aware of the different types and levels of

accommodations and services that airlines and airports offer and provide to passengers with disabilities.

e. The Department’s regulation implementing the Air Carrier Access Act (ACAA) requires

airlines to have an online accommodation form available for passengers with disabilities to request services. However, the Department does not specify a particular format for the form. Airlines’ accommodation forms vary widely in terms of format (e.g., placement of the form) and content.

f. Most passengers with disabilities do not receive written confirmation of their pre-travel

accommodation request with the booking confirmation.

g. There has not been a study or review conducted on the scope of passengers with disabilities who may require bulkhead seating or other seats with extra leg room in order to travel.

7

h. There has not been a study or review conducted to determine whether passengers with disabilities who need a bulkhead seat or other seats with extra leg room are currently unable to obtain such a seat in the class of service for which they purchased their ticket.

Recommendations In accordance with the FAA Act, the Subcommittee submits the following recommendations to the ACAA Advisory Committee on improvements to practices for ticketing, pre-flight seat assignments, and access to bulkhead seating. a. Consistent application of special service accommodation: The Subcommittee recommends

establishing a working group, led by IATA, to address how airlines and ticket agents can improve the consistent application of special service accommodation for persons with disabilities, including the consistent application of SSR codes. The working group would include representatives of airlines, airports, contract service providers, ticket agents, and disability organizations. The working group would also address the frequency of training for airline and ticket agent personnel on SSR codes as appropriate to their duties, including consideration of the benefits of annual training.

b. Training on special service accommodation, including consistent application of SSR codes: The Subcommittee recommends that as a matter of best practice, airlines and ticket agents train reservation agents and other personnel involved in applying disability-related service requests on the correct usage and application of these requests including the consistent application of SSR codes.

c. Storing special service accommodation requests: The Subcommittee recommends that

airlines consider, as a best practice, adding the capability to retain requests for special accommodation in future upgrades of their frequent flyer systems. The Subcommittee notes that the ability of airlines to follow this best practice will depend in part on their ability to meet the requirements of applicable privacy regulations and the restrictions on the storage and use of sensitive health data. Passengers would need to provide their consent to the storage and use of this information for accommodation purposes and accept responsibility for ensuring that the information is accurate and up-to-date.

d. Public Awareness Campaign: The Subcommittee recommends that airlines, airports, travel

agents, national disability organizations, and the Department work on a public awareness campaign to educate the traveling public on the different types and levels of accommodations and service that airlines and airports can provide to passengers with disabilities.

e. The Universal Disability Accommodation Form: The Subcommittee recommends

establishing a working group, led by IATA, to develop an improved universal disability accommodation request form that airlines and passengers would be encouraged to use, and address placement of the form. The working group would include representatives of airlines, airports, and disability organizations.

8

f. Written Confirmation of the Disability Request: The Subcommittee recommends that as a matter of best practice, airlines and ticket agents provide written confirmation to passengers who submit disability accommodation requests prior to travel.

g. Seating Accommodation for Passengers with Disabilities: The Subcommittee recommends

that before issuing a Notice of Proposed Rulemaking (NPRM) on seating accommodation for passengers with disabilities, the Department should initiate an Advanced Notice of Proposed Rulemaking (ANPRM) to gather information and data to better understand:

i. The scope of passengers with disabilities who should be afforded bulkhead seats or

seats with extra legroom; and

ii. Whether passengers with disabilities who require a bulkhead seat or seats with extra legroom are currently unable to obtain such a seat.

Chapter 2: Ticketing Practices 2.1. Legal Framework The ACAA prohibits discrimination in air transportation by U.S. and foreign air carriers. Its implementing regulation, 14 CFR Part 382, contains, among other things, requirements for airlines to provide accommodations to passengers with disabilities to eliminate barriers to purchasing tickets at the airport, over the telephone and via the Internet. Under Part 382, U.S. and foreign airlines must ensure that airport facilities used for flights to, within, or from the United States are accessible to individuals with disabilities who would like to purchase air transportation in person at the airport. For example, airlines must assist individuals with disabilities in gaining access to ticket counters to purchase tickets and conduct other airline-related business.3 Also, Part 382 requires airlines that allow air transportation to be purchased via telephone to provide deaf or hard-of-hearing individuals who use text telephone, voice relay, or other technology substantially equivalent reservation and information services that are provided to the general public.4 With respect to the purchase of an airline ticket via the Internet, any U.S. or foreign air carrier that operates aircraft with 60 or more seats and that has a primary website that markets air transportation to the general public must ensure that all the pages on its website, including webpages associated with booking or changing a reservation, are accessible to individuals with disabilities.5 In addition, airlines must have an online accommodation request form available for passengers with disabilities to request services including, but not limited to, wheelchair assistance, seating accommodations, escort assistance for a visually impaired passenger, and onboard stowage of an assistive device.6

3 See 14 CFR 382.91(b)(1). 4 14 CFR 382.43(a). 5 14 CFR 382.43(c). 6 14 CFR 382.43(d).

9

While the ACAA and Part 382 do not apply to ticket agents, the Department considers it to be an unfair or deceptive practice for ticket agents that are not small businesses to fail to disclose and offer web-based discount fares to customers who contact the ticket agents and indicate that they are unable to use the ticket agent’s website due to a disability.7 Further, Title II of the Americans with Disabilities Act (ADA) and its implementing regulations are applicable to public entities, including state and local authorities that operate airports. U.S. airport operators must ensure that airport facilities leased or operated by the airport, such as ticketing counters, baggage areas, and terminal facilities, comply with the ADA Standards of Accessible Design.8 This includes ensuring that counter spaces, such as ticketing counters, are the appropriate height limit and the space in front of those counter spaces are clear for individuals who use wheelchairs, among other things.9 2.2. Current Challenges Various representatives of national disability organizations stated that requesting accommodations through airlines’ websites can be difficult and time consuming. They asserted that airlines’ disability accommodation request forms do not allow individuals with disabilities to adequately describe their disabilities and the accommodations that they may need. In addition, they noted that there might also be instances where passengers with disabilities learn at the airport that inaccurate SSR codes have been inputted in their ticket records and thus they do not receive the service requested. They explained that passengers generally do not receive a written confirmation of their pre-travel accommodation requests, so they do not find out until the day of travel whether they will receive the accommodation they requested. Further, they stated that certain passengers with disabilities may not disclose their accommodation needs in advance because they feel that providing this information does not necessarily lead to better services. 2.3. Basis for Recommendations The Subcommittee discussed how best to address the challenges that individuals with disabilities face during the booking and ticketing process. As part of this process, the Subcommittee heard presentations from airlines, ticket agents, and GDSs about how they receive disability accommodation requests and how they convey the requests to the airline personnel responsible for providing the accommodation during travel. These presentations covered how airlines and ticket agents use and apply SSR codes to passengers’ disability accommodation requests, how SSR data is stored, and whether SSR data can be shared between different airlines. After the presentations and other relevant information, the Subcommittee deliberated and identified a number of potential solutions related to airline ticketing practices and SSR codes.

7 14 CFR 399.80(s). 8 See 49 CFR 27.71 and 28 CFR 35.151. 9 Id.

10

2.3.1. Application of SSR Codes by Airlines and Ticket Agents To assist the Subcommittee in understanding and evaluating the use of SSR codes, a representative from IATA gave a presentation to the Subcommittee that provided a detailed background information regarding the assistance provided with each SSR code. The representative stated that airlines typically receive requests for accommodation from passengers with disabilities at the time of booking. The passenger’s requests are then inputted into airline systems through international standardized codes (SSRs) to document and categorize passengers’ accommodation requests, both at the time of booking and thereafter until the passenger’s travel with the airline is complete. Staff is assigned at the airport to support the passenger’s assistance request. The Subcommittee also learned that the vast majority of airlines keep SSR data only for the duration of the passengers’ trips. The IATA representative explained that disability-related SSR codes are four-character codes agreed upon by the industry and governed by IATA Resolution 700 “Acceptance and Carriage of Passengers Requiring Special Assistance.” These codes specify the types of accommodations a passenger requires in order to travel, such as: passenger can ascend/descend stairs but requires wheelchair for distances; passenger completely immobile and requires assistance with distances, ascending/descending stairs, and getting to/from cabin seat; passenger is blind; passenger is deaf; and passenger has a hidden disability. The Subcommittee also heard from ASTA and learned about the perspective of travel agents regarding requests for passengers’ accommodations and SSR codes. ASTA representatives noted that travel agents use IATA SSR codes when booking air transportation for their clients. Generally, travel agents will input the appropriate SSR code describing passenger’s accommodation request into the passengers’ Passenger Name Record (PNR)10 and transmit the SSR data to the airlines. Based on the SSR code transmitted, travel agents receive confirmation of accommodation requests from the airline through an action code stating that the request has been processed. This exchange of information between travel agents and airlines is usually done through a GDS. The Subcommittee also benefited from hearing the perspective of a GDS representative who stated that travel agents receive training on their booking systems, which includes training on the use of SSR codes. The GDS representative noted that despite providing their clients with all IATA SSR codes and their explanation, at times some travel agents may not use certain disability-related codes because of an assumption that certain codes would offend the passenger. During the Subcommittee’s discussions, it also became clear that while most SSR codes used by airlines and ticket agents are set forth in IATA Resolution 700, some use additional codes not specified in the Resolution. A problem with the additional codes is that they are not standardized and they may not be recognized and processed by other airlines’ and ticket agents’ systems. Also, some airline and ticket agent employees may use the SSR codes incorrectly due to

10 A PNR is a record of a passenger created by an airline that contains the passenger’s itinerary and other relevant information.

11

insufficient training. This can result in passengers with disabilities not receiving the requested accommodation or receiving this accommodation in an untimely manner. The Subcommittee determined that there is a lack of consistency among some airlines and ticket agents regarding the use and application of SSR codes. A Subcommittee member representing airlines proposed to launch a working group led by IATA to address the need of consistent application of SSR codes by airlines and ticket agents. It was agreed that such a working group would be beneficial and should include representatives of airlines, airports, contract service providers, ticket agents, and disability organizations to ensure that all key perspectives are represented. Recommendation: The Subcommittee recommends establishing a working group, led by IATA, to address how airlines and ticket agents can improve the consistent application of special service accommodation for persons with disabilities, including the application of SSR codes. The working group would include representatives of airlines, airports, contract service providers, ticket agents, and disability organizations. The working group would also address the frequency of training for airline and ticket agent personnel on SSR codes as appropriate to their duties, including consideration of the benefits of annual training. 2.3.2. Storing and Sharing Special Service Accommodation Requests The Subcommittee explored whether passenger requests for special accommodation could be stored by the airlines for future flights taken by that passenger particularly when the passenger has a permanent disability that requires accommodation on all flights going forward. The Subcommittee discussed having this data retained within airlines’ frequent flyer systems and ticket agents’ client profiles. The Subcommittee also discussed the importance of storing SSR data for individuals with disabilities, as well as whether SSR data could be shared between and among airlines and ticket agents while complying with privacy laws both domestically and abroad. While individuals with disabilities may not see the SSR data, which is generally used by industry members, the discussion focused on individuals with disability having access to the assistance request information that is the basis for the SSR data. Multiple subcommittee members representing national disability organizations asserted that the process for making a request for disability accommodation is often time consuming and confusing for passengers with permanent disabilities and that passengers with disabilities have to make new requests each time they travel even when they are flying with the same airline. The subcommittee members representing national disability organizations stated that it would save passengers with disabilities time, energy, and effort if there is a way for airlines to store and share SSR data so that passengers with disabilities would not have to make new requests each time they travel. To assist the Subcommittee in understanding and evaluating the challenges of storing and sharing SSR data between and among airlines, airline and GDS representatives gave presentations to the Subcommittee providing detailed background information regarding this issue.

12

Airline and GDS representatives explained that the capability of storing and sharing SSR data depends on the particular booking system used by each individual airline, as airlines use a variety of booking systems that may not be compatible with each other. Also, some airlines utilize older booking systems or software that may not be fully integrated with newer systems. Airline and GDS representatives clarified that to implement the capability of storing SSR data in the frequent flyer profiles, many airlines may have to make significant software and hardware upgrades to their systems. The representatives noted that while it is not impossible to upgrade systems, it would require significant financial investments and resources to ensure that the new features would adequately serve the public. Further, IATA pointed out that many countries and jurisdictions have differing laws and regulations regarding the protection of personally identifiable information and health records. IATA noted that airlines and ticket agents would need to ensure compliance with the privacy laws and regulations of all the countries and jurisdictions in which they conduct business. Airlines would need to further ensure that the personally identifiable information and health records are stored in a secure manner. The Subcommittee heard from a large foreign airline with one of the largest operations to and from the United States. The airline stated that it recently implemented the capability to store SSR information within their frequent flyer program. The information is then auto-populated when a customer makes a reservation. The airline noted that the upgrades were customer driven and took two years to implement. The airline explained that it managed to achieve storing SSR data in its master frequent flyer accounts by “tweaking” its reservation system and other platforms connected to it, as well as securing the funds required for this major system upgrade. The airline explained they have processes built into the system, including accessibility criteria, to ensure that the auto-population is supported by customer service. They also noted that by automatically pulling in SSRs, there is a risk that a passenger could either get the wrong assistance or assistance they do not actually need. This risk is particularly relevant in those cases when travel agencies don’t enter SSR codes correctly into the “agency profile.” In this case, those incorrect details will continue to be populated into the passenger’s reservation. The airline also noted that to ensure compliance with privacy laws it included a check box for the passengers to consent to store, use, and share their disability-related requests. The airline specified that the frequent flyer accounts do not store any information related to service animals, as the airline has a separate process related to service animals. The airline also stated that although there is an annual review process, it is the passengers’ responsibility to keep all of their information updated. A representative from TravelTech, an association that represents GDSs, online travel agencies, and metasearch companies, stated that storing disability-related SSR information is a standard procedure for many of its members and is dependent on the Point-of-Sale software (POS) used for their clients’ profiles. The TravelTech representative explained that the majority of their members allow their regular clients to store SSR data in the client profile. However, the client is responsible for inserting and updating their disability-related requests in the profile. Using various POS tools, these requests are than translated into SSR code and copied into passenger’s

13

PNR at the time of booking. However, travel agents only share with the airline selected data from a passenger’s PNR (including SSR codes), not the passenger’s entire profiles. Based on the information gathered from airlines, GDSs, and ticket agents, the Subcommittee agreed that passengers with disabilities would benefit from airlines storing SSR data in frequent flyer systems. The Subcommittee acknowledged that implementing the aforementioned features would require significant time and financial resources, nevertheless it can be accomplished and planned for by the airlines during future systems and software changes. In addition, a subcommittee member stated that airlines should not be held responsible in instances where the passenger fails to update information, and the service they receive is not accurate due to this omission. Recommendation: The Subcommittee recommends that airlines consider, as a best practice, adding the capability to retain requests for special accommodation in future changes of their frequent flyer systems. The Subcommittee notes that the ability of airlines to follow this best practice will depend in part on their ability to meet the requirements of applicable privacy regulations and the restrictions on the storage and use of sensitive health data. Passengers would need to provide their consent to the storage and use of this information for accommodation purposes and accept responsibility for ensuring that the information is accurate and up-to-date. 2.3.3. Passenger Awareness of Disability Accommodation Options After learning about the various SSR codes used by airlines, the Subcommittee determined that travelers with disabilities may not be fully aware of the different types of disability-related accommodations that airlines provide to passengers or how airlines code those accommodations. Currently, many national disability organizations have webpages that discuss the rights of passengers with disabilities regarding air travel and provide resources for passengers with disabilities. In addition, national disability organizations use a variety of methods to reach out to their members, such as emails, newsletters, and social media. Airlines, airports and DOT also provide information on their websites to educate air travelers with disabilities. However, specific information about the types of accommodations available or SSR codes is not provided. The Subcommittee agreed that airlines, national disability organizations, and the Department should work together on a public awareness campaign to educate the traveling public on the variety of accommodations that may be available to passengers with disabilities. The Subcommittee believes utilizing the networks of the national disability organizations would facilitate the dissemination and education of the traveling public on the different types and levels of accommodations that airlines can provide to passengers with disabilities. Recommendation: The Subcommittee recommends that airlines, airports, travel agents, national disability organizations, and the Department work on a public awareness campaign to educate the traveling public on the different types and levels of accommodations that airlines can provide to passengers with disabilities. 2.3.4. Disability Accommodation Request Forms

14

A subcommittee member representing national disability organizations stated that it can be difficult for passengers with disabilities to contact airlines to make accommodation requests. The DFO pointed out that the Department requires carriers to have an online accommodation request form available for passengers with disabilities to request services but the Department does not mandate a certain format for the online accommodation request form. To better understand the issue, the Subcommittee reviewed the online accommodation request forms of several U.S. and foreign airlines. The Subcommittee found that airlines’ online accommodation request forms vary widely; all the forms reviewed by the Subcommittee had different formats, names, and content. For example, some of the forms only have a few accommodation options with little information while other forms list many options and provide detailed descriptions of the options. Some forms allow users to select all the categories and options that apply while other forms permit users to only select two or three categories or options. Some disability request forms include outdated language and terminology (e.g., handicapped, special needs, etc.). The Subcommittee also found that it can be difficult and time consuming for passengers with disabilities to find the online accommodation request forms because forms are located in different places on airlines’ websites and give different names and titles to the forms. In addition, some airlines permit passengers to fill out accommodation request forms during the booking process while other airlines require passengers to submit accommodation requests separately after completing their purchase for air transportation. A subcommittee member representing airlines proposed the establishment of a working group hosted by IATA to work on updating the universal accommodation request form that airlines would be encouraged to use. The Subcommittee agreed and voted in favor of creating a working group to update the IATA universal accommodation request form that airlines would be encouraged to use. Recommendation: The Subcommittee recommends establishing a working group, led by IATA, to develop an improved universal disability accommodation request form that airlines and passengers would be encouraged to use, and address placement of the form. The working group would include representatives of airlines, airports, and disability organizations. 2.3.5. Written Confirmation of Disability Accommodation Requests The Subcommittee explored ways to improve the communication between passengers with disabilities, airlines, and ticket agents regarding disability accommodation requests. The Subcommittee learned that it is not common for airlines or ticket agents to provide written confirmation to passengers after receiving disability accommodation requests. Multiple subcommittee members representing national disability organizations stated that passengers with disabilities often do not know whether airlines have received their disability accommodation requests and whether the airlines fully understand the accommodation request. The subcommittee members representing national disability organizations stated that this uncertainty can lead to additional anxiety and apprehension. The subcommittee members representing national disability organizations added that today the only way passengers with disabilities can confirm that the airlines have received their accommodation request is to call the airlines over phone, which may involve a long wait time.

15

The Subcommittee heard from airline representatives who stated that generally, airlines do not have ability to provide written confirmation to a passenger if the itinerary was booked by a travel agent. The airline representative explained that booking requests through travel agents are commercial transactions between agents and passengers. Travel agents generally provide airlines information regarding passenger’s name and accommodation requests through a GDS. However, travel agents do not have any obligation to provide the airlines with passenger’s contact information, such as e-mail addresses or phone numbers. As such, when travel agents submit an accommodation request on behalf of their client, the airline typically replies with an action code to the travel agent advising that the request was accepted. The same is true when the booking is done through an airline portal by a travel agent on behalf of their client. The airline representative noted that in cases where travel agents act as intermediaries between airlines and passengers, travel agents would need to communicate with their clients and confirm the booking and the status of the accommodation request. According to IATA, airlines and GDSs have tried to educate travel agents but it has been challenging. The Subcommittee believes that passengers, ticket agents, and airlines would benefit from the practice of airlines and ticket agents providing written confirmation of disability accommodation requests. There was general agreement that written confirmation of requests would provide needed assurance to passengers with disabilities that their accommodation requests had been received. The Subcommittee noted further that providing passengers written confirmation would give passengers the opportunity to check and correct any mistakes or misunderstanding regarding the disability accommodation request. Recommendation: The Subcommittee recommends that as a matter of best practice, airlines and ticket agents provide written confirmation to passengers who submit disability accommodation requests. Chapter 3: Training on Special Service Accommodation 3.1. Legal Framework The ACAA prohibits discrimination by U.S. and foreign air carriers on the basis of disability and requires carriers to accommodate the needs of passengers with disabilities. The Department’s disability regulation in 14 CFR Part 382 implements the ACAA by imposing various obligations on carriers, including training requirements for airline personnel and contractors who deal with the traveling public. All personnel dealing with the traveling public must be trained to proficiency on the requirements of Part 382 and the airline’s policies concerning the provision of air travel to individuals with disabilities.11 These employees must also receive training regarding awareness about and appropriate responses to individuals with physical, sensory, mental, and emotional disabilities.12 This includes training on how to distinguish among the differing abilities of

11 14 CFR 382.141(a)(1). 12 14 CFR 382.141(a)(2).

16

individuals with a disability and how to recognize requests for communication accommodation from individuals whose hearing or vision is impaired and to use the most common methods for communicating with these individuals that are readily available.13 Further, airlines must ensure that all personnel who are required to receive training receive refresher training at least once every three years and as needed to maintain proficiency.14 Airlines are also required to provide, or ensure that contractors provide, training to contractor employees, such as wheelchair attendants.15 The training that is required of personnel dealing with the traveling public, whether airline employees or contractors, is as appropriate to their duties. This means that employees and contractors receive different training content tailored for their specific role. Training for Complaint Resolution Officers (CRO) is even more stringent than that required of personnel dealing with the general public because CROs are airlines’ disability experts and are tasked with resolving complaints on behalf of carriers. Typically, CROs can overrule decisions of other carrier personnel, except safety decisions made by aircraft pilots.16 Employees designated as CROs are required to receiving training before assuming their duties and are required to have annual refresher training.17 3.2. Current Challenges As noted in Section 2.2. above, when individuals with a disability request special assistance, sometimes the wrong SSR code is entered into their PNR record. This leads to passengers with disabilities not receiving adequate and proper assistance at the airport and on aircraft. 3.3. Basis of Recommendations Airline representatives on the ACAA Advisory Committee gathered data on U.S. and foreign airlines’ disability-related training practices through a survey. The survey included questions related to special service requests and SSR codes. Specifically, airlines were asked whether they currently provide training regarding disability-related service requests for employees involved in recording and/or administering SSR codes. Out of nineteen (19) surveyed airlines, more than half stated that they provide training on correctly entering service requests using the SSR codes for their reservation agents, customer service representatives as well as complaint resolution officers (CROs). Of those responding affirmatively, all provide training in at least two different formats (out of four discussed in the survey: in-person, computer based, written materials, other formats). However, less than half of those responding share their training materials with their code-share and interline partners.

13 Id. 14 14 CFR 382.141(a)(5). 15 14 CFR 382.141(a)(6). 16 14 CFR 382.151(e). 17 14 CFR 382.143(a)(1).

17

In order to gather information on current ticket agents’ practices, ASTA and Travel Tech sent surveys to their members (i.e., brick-and-mortar travel agents, home-based travel agents, travel management companies, Online travel agents) to collect data on training. Similar to the airlines, about half the respondent travel agents reported receiving initial training regarding the use of disability related service requests or SSR codes for passengers with disabilities. However, only 10 percent of the respondent travel agents reported receiving recurrent training regarding the use of disability related service requests or the use of SSR codes. Just like the airlines, travel agents provide training in various formats. Although the majority of airlines and travel agents reported providing disability-related training to their employees, some airlines and a large number of travel agents do not train their reservation agents and/or customer service representatives on entering and administering disability related special service requests. Some Subcommittee members advocated for airlines and travel agents to provide annual training on the proper administration of special service requests and SSR codes to employees who accept and implement disability accommodation requests. However, other Subcommittee members noted that current DOT regulations do not mandate annual training for airline employees and suggested that the IATA working group, which is referenced in the first Recommendation on page 10, address the issue of training related to special service requests. The Subcommittee agreed that the working group should address training for airlines and travel agents on SSR codes as appropriate to their duties, including consideration of the benefits of annual training. Recommendation: The Subcommittee recommends establishing a working group, led by IATA, to address training by airlines and travel agents to ensure the consistent application of SSR codes. Chapter 4: Bulkhead Seating 4.1. Legal Regulatory Framework The Department requires airlines to provide bulkhead seats to passengers traveling with a service animal and passengers with a fused or immobilized leg who self-identify as needing to sit in a bulkhead seat before giving bulkhead seats to other travelers.18 Airlines are required to provide bulkhead seats to passengers with other types of disabilities if they need it to readily access the air transportation service and if bulkhead seats are available.19 Airlines may use different mechanisms to ensure that passengers with a service animal or passengers with a fused or immobilized leg receive bulkhead seating. Airlines that do not provide advance seat assignments to passengers must permit passengers traveling with a service animal and passengers with a fused or immobilized leg to pre-board so that the passengers

18 14 CFR 382.81(c) and (d) 19 Airlines must provide passengers a seating accommodation that best meets their disability-related needs. See 14 CFR 382.83 (c).

18

needing seating accommodations can select seats that best meet their needs.20 Passengers with other types of disabilities must also be allowed to board the aircraft before other passengers so that the individuals needing seating accommodations can select seats that best meet their needs.21 Airlines that provide advance seat assignments to passengers must either (1) block an adequate number of bulkhead seats for passengers traveling with a service animal or who have a fused leg; or (2) designate an adequate number of bulkhead seats as “priority” seats for such passengers.22 An airline using the “priority” method may assign the designated priority seats to other passengers but those passengers are subject to being reassigned to another seat if necessary to provide a seating accommodation to a passenger with a fused leg or traveling with a service animal.23 An airline using the “block” method is required to reserve “blocked” seats for passengers traveling with service animals or with a fused leg until 24 hours before the scheduled departure time of the flight.24 If another passenger requests a bulkhead seat more than 24 hours before the scheduled departure time of the flight, then the airline will not provide the blocked seat for the use of that passenger. An airline, whether it uses the block or priority method, must assign to a passenger with other types of disabilities a seat that accommodates the passenger’s needs even if that seat is not available to the general population at the time of the request.25 For example, if a person with a disability needs a bulkhead seat to accommodate his or her disability, and the only remaining bulkhead seat on the flight is not available to the general public unless a seat selection fee is paid, the airline is required to assign the person with a disability that bulkhead seat without charging a fee if the seat is in the same class of service as the ticket the passenger purchased. Airlines are not required to furnish more than one seat per ticket or to provide a seat in a class of service other than the one the passenger has purchased in order to provide accommodation.26 Section 2108 of the FAA Extension, Safety, and Security Act of 2016 requires the Department to initiate a rulemaking that would address a number issues related to accessible air transportation, including whether to broaden the scope of passengers with disabilities who must be afforded seats with extra leg room and whether carriers should be required to provide seating accommodations with extra leg rooms in all classes of service.27 Accordingly, the Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions has identified as a long-term action a Department rulemaking that would, among other things, consider whether to broaden the scope of passengers with disabilities who must be afforded priority to seats with extra leg room, and

20 14 CFR 382.83(c). 21 14 CFR 382.85(f). 22 14 CFR 382.83(a). 23 14 CFR 382.83(a)(2). 24 14 CFR 382.83(a)(1). 25 14 CFR 382.85. 26 14 CFR 382.87(d) and (f). 27 See FAA Extension, Safety, and Security Act of 2016, Pub. L. No. 114-190, § 2108, 130 Stat. 616, 622 (2016).

19

whether carriers should be required to provide seating accommodations with extra leg room in all classes of service (RIN # 2105-AE12).28 4.2. Current Challenges The Subcommittee heard from national disability advocates who expressed concern about the availability of bulkhead seats on aircraft. The advocates stated that because bulkhead seats usually have extra leg room, many airlines today classify and sell bulkhead seats as “Economy Plus” or “Premium Economy,” a class of service higher and more expensive than Economy. As a result, on some aircraft, the bulkhead seat may not be available in standard economy class. Because airlines do not have to upgrade a person with a disability to a higher class of service in order to accommodate his or her disability, they are concerned that individuals with disabilities purchasing economy tickets may not receive seating that accommodates their disability. Furthermore, national disability advocates expressed concern that the current regulation offers priority access to bulkhead seats only to people traveling with a service animal and people with immobilized or fused leg. They noted that there may be people with other types of disabilities (e.g. down syndrome, traumatic brain injury (TBI), and dementia, etc.) who may also need bulkhead seats as an accommodation. 4.3. Basis of Recommendations 4.3.1. Scope of Passengers with Disabilities Entitled to Bulkhead Seating Pursuant to the 2016 FAA Extension, the Department has initiated a rulemaking that would, among other things, consider whether to broaden the scope of passengers with disabilities who must be afforded seats with extra leg room. To better understand the seating needs of passengers with disabilities, the Subcommittee heard from Autistic Self-Advocacy Network (ASAN) and Disabled American Veterans (DAV). The representatives from ASAN explained some passengers with autism may require a bulkhead seating because they may have sudden body movements which may disturb passengers seated in front of them. The representative from ASAN noted that there may be people with other cognitive disabilities (e.g., Down Syndrome, traumatic brain injury (TBI), and dementia, etc.) who may also require a bulkhead seat. Likewise, the representative from DAV explained that some people who are paraplegic and use prosthesis may require extra space in front of them to accommodate their prosthesis. The Subcommittee inquired whether the advocates could provide any data or studies regarding passengers with cognitive disabilities or passengers who are paraplegic. The advocates indicated that they were not aware of any data or studies on this issue at this time. The Subcommittee acknowledged that while there may be a need to broaden the scope of passengers with disabilities who must be afforded a bulkhead seat, the Subcommittee lacks data and information regarding the entire universe of people with disabilities who may be require this type of seating accommodation in order to fly. Due to the lack of information, the Subcommittee agreed it would be premature to make a recommendation on the types of passengers with disabilities to be provided priority access to the bulkhead seats. The Subcommittee noted that it

28 See https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=2105-AE12.

20

would be beneficial to allow various disability advocates groups and the industry to gather information about this issue and suggested that the Department issue an Advance Notice of Proposed Rulemaking (ANPRM) before issuing a Notice of Proposed Rulemaking (NPRM). Recommendation: The Subcommittee recommends that before issuing a NPRM on seating accommodation for passengers with disabilities, the Department should initiate an ANPRM to gather information and data to better understand the scope of passengers with disabilities who should be afforded bulkhead seats or seats with extra legroom 4.3.2. Bulkhead Seating in All Classes of Service To assist the Subcommittee in understanding and evaluating the issue of availability and access to bulkhead seating, an Aviation Safety Inspector for Cabin Safety from the FAA’s Office of Safety Standards provided a presentation explaining the meaning of bulkhead seats and the various types of bulkhead seating available on an aircraft. Specifically, bulkhead seats are the seats located directly behind the bulkhead separators, lavatories, closet galley etc. Depending on the size of the aircraft, the number of bulkhead seats may vary from just two or three on small aircrafts, to eighteen on a wide body aircrafts. The FAA representative explained that some bulk head seats are also Exit Row Seats,29 i.e. seats located in the same row as the emergency exit door on the aircraft. The FAA representative noted that FAA safety regulations do not permit certain passengers with disabilities, such as passengers who are blind, passengers who are deaf or hard-of-hearing, passengers traveling with service animals, and passengers with fused or immobilized leg, to occupy Exit Row Seats.30 A Subcommittee member representing airlines explained that many airlines are marketing and offering bulkhead seats as class of service higher than Economy class. The Subcommittee member stated that the industry is not aware of any shortages of bulkhead seating and noted many airlines provide bulkhead seats to passengers traveling with a service animal and passengers with fused or immobilized legs even if they have purchased a ticket in Economy class. The Subcommittee inquired about the possibility of increasing the number of bulkhead seats by reconfiguring the seat placement on the aircraft and requiring the airline to have bulkhead seats in every class of service. However, the airline industry representative stated that reconfiguring the seats on the aircraft is not an easy task and requires substantial financial investment which some airlines would not be able to afford. Additionally, the airline industry representative noted that this topic requires further assessment to determine potential safety, operations, and financial impact for airlines. The Subcommittee acknowledged that under current regulation, airlines are not required to provide a seat in a class of service other than the one passenger has purchased. Some Subcommittee members were concerned that potential lack of bulkhead seating in Economy class may deny access to people with disabilities who cannot afford to pay for higher class of

29 14 CFR 121.585. 30 14 CFR 135.129.

21

service. The same Subcommittee members suggested that this issue could be resolved by providing passengers who are entitled to this type of seating accommodation bulkhead seats even if it is in a different class of service. However, the Subcommittee member representing airlines stated that airlines would not agree with making a recommendation of this nature without having studied the potential impact. Accordingly, the Subcommittee acknowledged having insufficient information regarding the availability of bulkhead seating and agreed that it would be premature to make a recommendation on the substance of the NPRM. Instead, the Subcommittee noted that it would be beneficial to allow various disability advocates groups and the airline industry to gather information about this subject through an ANPRM. Recommendation: The Subcommittee recommends that before issuing a NPRM on seating accommodation for passengers with disabilities, the Department should initiate an ANPRM Advanced Notice of Proposed Rulemaking (ANPRM) to gather information and data to better understand whether passengers with disabilities who require a bulkhead seat or seats with extra legroom are currently unable to obtain such a seat.