The long, slow trail for improving DISABLED FLYERS travels

By developer • November 6, 2024

JDA Aviation Technology Solutions

Disability scoup announced news that excited the millions of patient ADA air travelers who have flown under a long list of limitations on the free flow of their transporation. Delta Flight Products has delivered a modification to existing first class and coach seats. The technical design changes will allow these special passengers to bring their wheelchairs on board (not surrender them; a transfer with frequent damage in baggage handling), secure the chair and travel with other customers. To this category of individuals, this long-awaited benefit will be LIFE ALTERING for these statutorily protected individuals!!!

Over the 35 years since enactment of Americans with Disabilities Act, the Disabled Community has persistently advocated against a long list of barriers that they encounter in their normal day. The approximately 61 million adults in the United States live with a disability[1] cite their inability to utilize air transportation with some degree of facility. This means that more than 1 in 4 adults in the country have some form of disability[2] and they are subject to inconveniences when they fly. The magnitude of this impact is shown by this number;

In 2021, DOT received 1,394 disability-related complaints, marking a 54% increase from 2019[3]. Common issues include mishandling of wheelchairs and inadequate assistance for passengers with mobility devices.

Before any regulatory action, in 2003 a group led by Michele Erwin called All Wheels Up began voicing the Disabled Community’s grievances. She did a lot of homework about the technical challenges of a safe place on board; she met with the FAA; got All Wheels up to sponsor the crash tests for possible solutions; and proactively worked with the airlines and manufacturers to develop a sensible way to accommodate this segment of the population. Her message was championed by MSNBC and repeated here.

The story continues on a glacier like pace. First milestone–the Air Carrier Access Act (ACAA), 49 U.S.C. 41705, was enacted in 1986. Its mandate is a prohibition against discrimination in airline service based on disability. This Bill of Rights for these Challenged Citizens was VERY BROAD in its definition of what changes must be issued by the Secretary of Transporation. To define the parameters of these protections, the following steps were taken by various Administartions:

In 2016, the Department established the Advisory Committee on Accessible Air Transportation (ACCESS Advisory Committee or Committee)
On November 22, 2016, the Committee reached consensus on recommendations for new regulatory proposals to improve the accessibility of lavatories on single-aisle aircraft
In June 2019, the Department announced that the most appropriate course of action was to conduct two separate accessible lavatory rulemakings: one for short-term improvements, and one for long-term improvements.
On January 2, 2020, the Department published a notice of proposed rulemaking (NPRM) relating to short-term improvements (the Part 1 NPRM).
On December 16, 2021, the Department and the Architectural Transportation Barriers and Compliance Board (Access Board) held a joint public meeting to gather additional information regarding proposed improvements to the OnBoardWheelchair.
In connection with this public meeting, the Department reopened the comment period for the Part 1 NPRM from December 16, 2021, to January 17, 2022.
On March 28, 2022, the Department issued an NPRM regarding long-term accessibility improvements that would require airlines to install larger lavatories on certain single-aisle aircraft to permit a qualified individual with a disability to perform a seated independent (unassisted) and dependent (assisted) transfer from an OBW to and from the toilet (the Part 2 NPRM).

On August 1, 2023, the DOT published Final Rule Accessible Lavatories Single Aisle Aircraft – 88 FR 50020.pdf (transportation.gov). The text recognizes that technical requirements and implementation schedule require time before implementation.

Thirty-five years after the enactment of ADA and a little over a year after the distant promise of accessible lavoratories, the prospect of seating capable of wheelchair on inclusive, equal and safe basis was a much appreciated HEADLINE.

The unnamed DOT spokesperson may have tempered that enthusiastic anticipation by stating that the review (?by FAA or DOT citing (safe accommodation of wheelchair passengers or a decision or the economic feasibility???) could be a long process.

Safety— not economics or social policy—is the statutory responsibility (unencumbered by the Secretary) of the FAA. Its approval of this addition of a seat that can accommodate wheelchairs if called a SUPPLEMENTAL TYPE CERTIFICATE. That is a well-defined process and assuming that some exogenous variable does not interfere, can be completed in a finite time. The FAA is likely to require Delta Flight Products to perform a series of tests to demonstrate the airworthiness of this chair design, such as:

Proof that the wheel chairs to meet the 16G requirement
- all wheel chairs not a specific wheel chair
Demonstration of ability to restrain the chair in the aircraft to prevent injury to not only the occupant but those around the chair.
Meeting of the how do you show the ability to exit the aircraft in 90 seconds or less.
Development of procedures and training for Flight attendants and crews to assist the wheel chair occupant boarding and de-planing.
Writing of procedure and training for t maintenance crews to provide the passenger seat and restraint of the wheel chair.

Delta knows what requirements must be met to get an STC and likely has created a package for that task, starting with drawins that look like this—

With the proper level of focus, grant of an STC may not need to be a LONG PROCESS, these individuals deserve better treatment!!!

Delta Seeks Approval For Seats To Accommodate Wheelchairs In Flight

by Shaun Heasley | November 5, 2024

Plans are moving forward to allow people with disabilities to remain in their wheelchairs when they travel on commercial aircraft.

A subsidiary of Delta Air Lines is seeking approval from the Federal Aviation Administration for a seat design that would accommodate a traveler in their wheelchair, a company spokesperson said.

DELTA FLIGHT PRODUCTS, a Delta subsidiary that engineers aircraft interiors for airlines around the world, showed off designs for modified First Class and economy cabin seats at industry events over the last two years. Both seats can be installed without reducing the number of seats on the plane and they are designed to provide passengers with disabilities similar features to those riding in typical seats.

THE APPLICATIONS SUBMITTED TO THE FAA ARE A FIRST STEP IN WHAT’S LIKELY TO BE A LONG PROCESS, officials said.

“Delta Flight Products’ applications, which could ultimately enable this first-of-its-kind seat to be installed on an aircraft, are a remarkable milestone in the industry’s journey to make travel more inclusive for all,” the airline said in a statement. “Delta has long pioneered efforts to increase air travel accessibility and will continue to invest in technology and innovation to support all our customers.”

The U.S. Department of Transportation told Disability Scoop last month that the FAA is studying whether commercial aircraft can safely accommodate passengers in wheelchairs, with a decision on feasibility expected by the end of next year. At this point, the agency said that no major issues have come up and remedies for minor problems are being developed.

The Transportation Department is also expected to conduct a study looking at the economic impact of accommodating wheelchairs on airplanes and will ultimately determine whether to propose a rule to make this a reality.

Many people with disabilities have LONG SOUGHT to be able to remain in their wheelchairs on flights citing risks of injury and potential damage to often highly customized mobility devices when they are forced to transfer to specialized aisle chairs so that they can be seated on airliners.

In 2023 alone, federal data shows that 11,527 wheelchairs and scooters were mishandled by U.S. airlines.

“This has been a 15-year journey that we have worked so hard to see come closer to fruition,” said Michelle Erwin, CEO of All Wheels Up, a nonprofit that funds research on adding wheelchair spots to commercial aircraft. “There is still work to be done, but it’s not a question of why or how anymore, it’s a question of when.”