[Federal Register: November 4, 2004 (Volume 69, Number 213)]
[Proposed Rules]
[Page 64363-64395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no04-15]
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Part II
Department of Transportation
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Office of the Secretary
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14 CFR Part 382
Nondiscrimination on the Basis of Disability in Air Travel; Proposed
Rule
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Part 382
[Docket No. OST-2004-19482]
RIN 2105-AC97
Nondiscrimination on the Basis of Disability in Air Travel
AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The Department proposes to revise its rule requiring
nondiscrimination on the basis of disability in air travel to update,
reorganize, and clarify the rule and to implement a statutory
requirement to cover foreign air carriers under the Air Carrier Access
Act.
DATES: Comment Closing Date: Comments must be received by February 2,
2005. Comments received after this date will be considered to the
extent practicable.
ADDRESSES: Please include the docket number of this document in all
comments submitted to the docket. Written comments should be sent to
Docket Clerk, Department of Transportation, 400 7th Street, SW., Room
PL-401, Washington, DC 20590. For confirmation of the receipt of
written comments, commenters may include a stamped, self-addressed
postcard. The Docket Clerk will date-stamp the postcard and mail it
back to the commenter. Comments will be available for inspection at
this address from 10 a.m. to 5:30 p.m., Monday through Friday. Comments
can also be reviewed through the Dockets Management System (DMS) pages
of the Department's Web site (http://dms.dot.gov). Commenters may also
submit comments electronically. Instructions appear on the DMS web
site.
FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, 400 7th Street, SW.,
Room 10424, Washington DC, 20590. Phone 202-366-9310; TTY: 202-755-
7687; Fax: 202-366-9313. E-mail: bob.ashby@ost.dot.gov.
SUPPLEMENTARY INFORMATION:
Background and Organization
Congress enacted the Air Carrier Access Act (ACAA) in 1986. The
statute prohibits discrimination in airline service on the basis of
disability. Following a lengthy rulemaking process that included a
regulatory negotiation involving representatives of the airline
industry and disability community, the Department issued a final ACAA
rule in March 1990. Since that time, the Department has amended the
rule ten times.\1\ These amendments have concerned such subjects as
boarding assistance via lift devices for small aircraft, and
subsequently for other aircraft, where level entry boarding is
unavailable; seating accommodations for passengers with disabilities;
reimbursement for loss of or damage to wheelchairs; modifications to
policies or practices necessary to ensure nondiscrimination; terminal
accessibility standards; and technical changes to terminology and
compliance dates.
The Department has also frequently issued guidance in a number of
forms that interprets or explains further the text of the rule. These
interpretations have been disseminated in a variety of ways: preambles
to regulatory amendments, industry letters, correspondence with
individual carriers or complainants, enforcement actions, web site
postings, informal conversations between DOT staff and interested
members of the public, etc. This guidance, on a wide variety of
subjects, has never been collected in one place. Some of this guidance
would be more accessible to the public and more readily understandable
if it were incorporated into regulatory text. There have also been
changes in the ways airlines operate since the original publication of
Part 382. For example, airlines now make extensive use of web sites for
information and booking purposes. Many carriers now use regional jets
with a capacity of around 50 passengers for flights that formerly would
have been served by larger aircraft. Preboarding announcements are not
as universal a practice as they once were. Security screening has
become a responsibility of the Transportation Security Administration
(TSA), rather than that of the airlines. The Department has decided to
update Part 382 to take changes in airline operations into account.
On April 5, 2000, the Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century (AIR-21) amended the ACAA specifically
to include foreign carriers. The ACAA now reads in relevant part:
* * * In providing air transportation, an air carrier, including
(subject to section 40105(b)) any foreign air carrier, may not
discriminate against an otherwise qualified individual on the
following grounds:
(1) The individual has a physical or mental impairment that
substantially limits one or more major life activities.
(2) The individual has a record of such an impairment.
(3) The individual is regarded as having such an impairment.
In response to the AIR-21 requirements, the Department on May 18, 2000,
issued a notice of its intent to investigate complaints against foreign
carriers according to the amended provisions of the ACAA. The notice
also announced the Department's plan to initiate a rulemaking modifying
Part 382 to cover foreign air carriers. Such a rulemaking is not a
simple matter of saying that the existing rule applies as a whole to
foreign air carriers. The Department believes that it is important to
review Part 382 on a section-by-section basis to apply particular
requirements to foreign air carriers in a way that achieves the ACAA's
nondiscrimination objectives while not imposing undue burdens on
foreign carriers.
The over 14-year history of amendments and interpretations of Part
382 have made the rule something of a patchwork, which does not flow as
clearly and understandably as it might. Restructuring the rule for
greater clarity, including using ``plain language'' to the extent
feasible, is an important objective. To this end, Part 382 has been
restructured in this NPRM, to organize it by subject matter area.
Compared to the present rule, the text is divided into more subparts
and sections, with fewer paragraphs and less text in each on average,
to make it easier to find regulatory provisions. The proposal uses a
question-answer format, with language specifically directing particular
parties to take particular actions (e.g., ``As a carrier, you must * *
*''). We have also tried to express the (admittedly sometimes
technical) requirements of the rule in plain language.
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\1\ The dates and citations for these amendments are the
following: April 3, 1990; 55 FR 12341 June 11, 1990; 55 FR 23544
November 1, 1996; 61 FR 56422 January 2, 1997; 62 FR 17 March 4,
1998; 63 FR 10535 March 11, 1998; 63 FR 11954 August 2, 1999; 64 FR
41703 January 5, 2000; 65 FR 352 May 3, 2001; 66 FR 22115 July 3,
2003; 68 FR 4088.
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The Department recognizes that some users, who have become familiar
and comfortable with the existing organization and numbering scheme of
Part 382, might have to make some adjustments as they work with the
restructured rule. However, the structure of this proposed revision is
consistent with a Federal government-wide effort to improve the clarity
of regulations, which the Department has employed with great success
and public acceptance in the case of other
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significant rules in recent years, such as revisions of our
disadvantaged business enterprise and drug and alcohol testing
procedures rules.\2\ The Department seeks comment on the clarity,
format, and style of the NPRM, as well as any economic or other
impacts, and solicits suggestions for improving it.
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\2\ See 64 FR 5096, February 2, 1999 (for 49 CFR Part 26,
disadvantaged business enterprise) and 65 FR 79462, December 19,
2000 (for 49 CFR Part 40, drug and alcohol testing procedures).
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Many of the provisions of the current Part 382 are retained in this
rule with little or no substantive change. To assist readers in finding
where current provisions are located in the proposed regulatory text,
we have provided a reference table at the end of this preamble.
Preamble language and other guidance issued by the Department
concerning provisions of the existing rule text that have not been
substantively changed may remain useful as guidance to carriers and
passengers, and the Department can continue to rely on this
information.
For U.S. carriers, many compliance dates (e.g., with respect to
including certain accessibility features on new aircraft, signing and
implementing agreements with airports concerning boarding assistance
provided by mechanical lifts) have already passed. The Department has
restated these compliance dates in this proposed rule for the
information of users. The Department seeks comment on whether doing so
is necessary.
Section-by-Section Analysis
This portion of the preamble discusses each section of the proposed
rule, highlighting where the Department proposes to make substantive
changes from current Part 382.
Subpart A--General Provisions
Section 382.1 What Is the Purpose of This Rule?
This section makes a brief statement of the basic purposes of the
ACAA and mentions that the ACAA's nondiscrimination and accessibility
requirements apply to foreign as well as to U.S. carriers.
Section 382.3 What Do the Terms in This Rule Mean?
The definition of ``air carrier'' would change to include foreign
as well as U.S. carriers. We would add a definition of the Air Carrier
Access Act (ACAA) for clarity. The definition of ``air transportation''
would be changed to include the citation for the statutory definition
of the term. We would add a definition of ``assistive device,''
consistent with concepts used in connection with the Americans with
Disabilities Act (ADA) and section 504 of the Rehabilitation Act of
1973. We have also added a definition of ``direct threat,'' also drawn
from the ADA and Department of Justice (DOJ) regulations implementing
it. This concept is used in determining when it is appropriate to place
restrictions on or deny service to individuals with disabilities. Here,
as elsewhere in Part 382, we believe it is useful to harmonize ACAA
practice with the ADA and other disability nondiscrimination
authorities to the extent feasible.
The definition of ``facility'' would include a carrier's aircraft
and any portion of an airport that the carrier owns, leases, or
controls. ``Controls,'' for this purpose, is understood to include
control of the selection, design, construction, or alteration of the
facility, as well as actual operational control.
In the definition of ``qualified individual with a disability,''
the Department is introducing a new term, ``passenger with a
disability,'' which the proposed rule will use in all situations in
which a qualified individual with a disability is or is trying to be a
passenger. ``Qualified individual with a disability'' would continue to
apply to non-passengers as well. Given that this rule concerns travel,
we seek comment on whether ``traveling'' should be added to the
standard list of ``major life activities'' that is part of the
definition of ``individual with a disability.'' Because of the
important role that the Transportation Security Administration (TSA)
now plays in air transportation, we are adding that agency to the
definitions section.
Section 382.5 To Whom Do the Provisions of This Rule Apply?
This section contains some of the most important proposed changes
in this NPRM, concerning how the Department will implement the AIR 21
amendment applying ACAA requirements to foreign air carriers. Paragraph
(a) of the section, however, restates the existing application of the
rule to U.S. carriers, regardless of where their operations takes
place. As under the existing rule, a U.S. carrier's operations are
subject to ACAA requirements whether they occur at a U.S. or foreign
airport, or inside or outside of U.S. airspace (although certain
airport accessibility obligations of air carriers apply only to their
facilities at U.S. airports).
The Department believes that the intended scope of the statutory
coverage of foreign air carriers, consistent with international law,
focuses on traffic to or from the United States. In our view, it would
exceed the scope of the Department's authority to attempt to apply ACAA
requirements to all the operations of a foreign air carrier.
Consequently, in paragraph (b) we propose to cover only those flights
operated by a foreign air carrier that begin or end at a U.S. airport.
Aircraft accessibility requirements would apply only to those aircraft
that are used for these flights.
What is such a flight? We propose that it would be a continuous
journey beginning or ending at a U.S. airport, using the same aircraft
and/or flight number. For example, suppose a foreign carrier operates a
nonstop flight between Paris and Chicago. This flight, and all the
services connected with it, would be required to meet ACAA
requirements. The aircraft would have to meet ACAA accessibility
requirements.
In another example, suppose a foreign carrier operates service
between New York and Cairo. The plane is refueled and gets a new crew
in London, and continues on its way. Even though this is not a nonstop
flight, it is a continuous journey on the same aircraft. Consequently,
both segments of the flight would be covered under the ACAA. This would
still be true even if there were a change of aircraft in London
(sometimes called ``change of gauge''), as long as the flight number
remained the same.
However, if there is a change of both aircraft and flight numbers,
the picture would change. Suppose, for example, that a foreign carrier
operates a nonstop flight from Washington, DC, to Frankfurt. A
passenger then changes to a German domestic flight from Frankfurt to
Berlin, with a different aircraft and flight number. The Washington-
Frankfurt leg would be covered by ACAA requirements; the Frankfurt-
Berlin leg would not. The aircraft used for the former would be subject
to ACAA aircraft accessibility requirements; the aircraft used for the
latter would not.
One of the situations this section addresses is ``code-sharing''
between a U.S. and foreign air carrier. A flight that, through a code-
sharing agreement, is listed as the flight of a U.S. carrier is covered
under the ACAA under the requirements that apply to U.S. carriers, even
if the flight is operated with a foreign carrier's aircraft and crew.
If a flight is advertised as the flight of a U.S. carrier, and the U.S.
carrier or another party sells tickets to passengers on that basis,
then it is reasonable for all the ACAA requirements applicable to other
flights held out to the public as flights
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of that carrier to apply in this case as well. The U.S. carrier and its
foreign carrier code-sharing partner would work out between themselves
the details of how to meet the ACAA requirements.
Under this proposed section, if a foreign carrier operates an
aircraft solely between foreign points, even if that aircraft is part
of a code-shared flight or another covered flight (e.g., the aircraft
used for the Frankfurt--Berlin flight in the code-sharing example
above, assuming the aircraft is used solely for operations between two
points outside the U.S.), ACAA aircraft accessibility requirements
would not apply to that aircraft. Other ACAA requirements (e.g.,
service requirements) would apply, however.
The Department believes that these provisions would implement AIR-
21 requirements without unduly burdening foreign carriers. The
Department seeks comment on both the basic principle of this provision
and on specific applications. In particular, given the variety of
carriers, aircraft, destinations, airports, and relationships between
U.S. and foreign carriers, the Department requests suggestions for any
more specific provisions that might be necessary to apply this
principle to the range of flights that this rule would cover, including
any unusual situations in which its application could cause problems.
Section 382.7 What May Foreign Carriers Do If They Believe a Provision
of a Foreign Nation's Law Precludes Compliance With a Provision of This
Part?
The Department recognizes that foreign air carriers operate under a
variety of laws and regulations. If an applicable foreign law or
regulation precludes a foreign carrier from complying with a provision
of the Department's ACAA rule, this section would allow the foreign
carrier to petition the Department for a waiver of compliance with the
ACAA provision.
As proposed, this waiver authority would apply only to a direct
conflict between the ACAA and foreign law (e.g., an ACAA provision
requires aircraft to have movable aisle armrests; a legal requirement
of Country X prohibits its aircraft from having movable aisle
armrests). This waiver provision would not cover situations in which
another country's laws or regulatory provisions may have different
requirements from those of the ACAA, or give a foreign carrier
discretion to take steps that differ from those of the ACAA, but do not
actually preclude compliance with the ACAA. For example, the ACAA rule
requires the use of boarding lifts at U.S. airports in almost all
instances where level-entry boarding is not otherwise available. A
foreign law might give carriers discretion to provide boarding by hand-
carrying in these instances. This hypothetical law permits a boarding
method that the ACAA regulations prohibit but does not prohibit the use
of lifts, which the ACAA regulation requires. Under these
circumstances, the foreign carrier would not be able to obtain a
waiver. The Department seeks comment on whether broader waiver
authority would be justified, and to what circumstances any broader
waiver provision should apply.
It is important to note that a grant of a waiver under this
provision would be contingent on the carrier providing an alternative
means to effectively achieve the objective of the waived ACAA
provision, consistent with the foreign law involved, or to demonstrate
that no alternative means of achieving the objective was legally
permitted. Also, a carrier's obligation to comply with the rule would
not be stayed while a waiver request was pending. The carrier's
authority to implement an alternative means to achieve the objective of
an ACAA provision begins only when the Department approves the waiver.
We believe that this waiver provision may be very useful in
addressing issues raised by legally binding aviation regulations of
foreign nations. We are aware that, in many situations, foreign
aviation regulations, rather than FAA or TSA rules, govern the actions
of foreign carriers. In many cases, these foreign regulations are
likely to be compatible with implementing Part 382. However, there may
be instances in which a carrier believes that foreign regulations
preclude it from implementing a provision of Part 382. In such cases,
this waiver mechanism permits the Department to examine the basis for
the asserted conflict between Part 382 and the foreign regulation. We
believe having the Department make case-by-case decisions on waiver
requests is an important safeguard of the rights of passengers with
disabilities under Part 382.
We also note that, as an Office of the Secretary rule, Part 382 is
subject to the exemption procedure of 49 CFR 5.11-5.13. Under these
procedures, anyone may request an exemption from (or an amendment to)
an Office of the Secretary rule. Long-standing DOT standards provide
that a party requesting an exemption must demonstrate that unique or
special circumstances, not contemplated in the rulemaking and not
likely to be generalizable, make it impracticable for the party to
comply with the rule as written. As with the waiver provision described
above, the applicant would need to present alternative means of
achieving the objective of the provision from which the exemption is
sought.
Section 382.9 When Are Carriers Required To Begin Complying With the
Provisions of This Rule?
This provision states that, as a general matter, carriers to which
the rule applies must comply with its provisions beginning on the
effective date of the rule. There is an important exception. Various
individual provisions of the rule have delayed effective dates,
especially for foreign carriers, to permit a reasonable phase-in period
for requirements that are new to these carriers. We have designed these
delayed effective dates to give foreign carriers phase-in periods
equivalent to those that U.S. carriers had when the Department first
issued its ACAA rule in 1990.
Subpart B--Nondiscrimination and Access to Services and Information
Section 382.11 What Is the General Nondiscrimination Requirement of
This Rule?
Section 382.13 Do Carriers Have To Modify Policies, Practices, and
Facilities To Ensure Nondiscrimination?
These sections carry forward the provisions of current Sec. 382.7.
While the language is modified for greater clarity, the Department is
not proposing substantive changes in the present rule.
Section 382.15 Do Carriers Have To Make Sure That Contractors Comply
With the Requirements of This Part?
This section carries forward the provisions of current Sec. 382.9.
In addition to modifying the language for greater clarity, the proposed
language also contains statements codifying the Department's
interpretations of this provision: that contractors (including
airports) must meet the same requirements that would apply to the
carrier itself in providing the services in question, that a
contractor's noncompliance with its assurance of compliance is a
material breach of its contract with the carrier, that the assurance
must commit the contractor to complying with all applicable provisions
of the rule with respect to all activities performed for the carrier,
that the carrier remains responsible for the contractor's compliance,
and that carriers cannot defend against DOT enforcement actions by
saying that their noncompliance was the contractor's fault.
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Paragraph (c) continues language concerning carriers' contracts or
agreements of appointment with travel agents. As drafted, this language
would apply only to U.S. carriers with respect to U.S. travel agents.
The reason for not proposing to cover foreign airlines or foreign
travel agents under this provision is that rules concerning
relationships between U.S. carriers and foreign travel agents, or
foreign carriers and their travel agents, could prove very difficult to
monitor and enforce. The Department seeks comment on this aspect of the
section. In addition, the Department also seeks comment on whether
there should be additional or specific requirements added to this
section concerning on-line travel agencies (e.g., web sites that
provide schedule and fare information and ticketing services for many
air carriers).
Section 382.17 May Carriers Limit the Number of Passengers With a
Disability on a Flight?
This language carries forward, without substantive change, the
prohibition on number limits that is found in current Sec. 382.31(c).
We have added a cross reference to proposed Sec. 382.27(a)(7), which
incorporates the provision of current Sec. 382.33(a)(7) allowing
carriers to require advance notice in situations where 10 or more
passengers with a disability make reservations to travel as a group.
Section 382.19 May Carriers Refuse To Provide Transportation on the
Basis of Disability?
For the most part, this section carries forward the prohibition of
refusal to provide transportation found in current Sec. 382.31,
without substantive change. However, the proposed language would
clarify the basis on which an air carrier may deny transportation to a
passenger. In addition to updating the citations to statutory and
regulatory provisions that provide a basis for excluding passengers
from a flight and including a reference to TSA as well as FAA
regulations, the NPRM uses the concept of ``direct threat'' as the
standard for when a carrier may conclude that there is a safety basis
for excluding a passenger from a flight. The use of this concept is
consistent with current law and practice under section 504 of the
Rehabilitation Act of 1973 and the ADA, and it includes the point that
if mitigating measures short of exclusion are available to deal with
the direct threat to safety of others, then exclusion is not
appropriate. In a situation where a foreign carrier believed that
foreign law (including a foreign air safety regulation) precluded it
from complying with this provision (i.e., directed the carrier to
exclude a passenger with a given disability that this section requires
the carrier to transport), the foreign carrier could seek a waiver
under Sec. 382.7.
As under the current Part 382, this section is not intended to
preclude pilots-in-command from exercising their authority over the
operation of a flight. However, if the action of a pilot-in-command is
inconsistent with these rules, the airline may be subject to subsequent
enforcement action by the Department.
We have added clarifying language that relates refusals to provide
transportation to the passenger's ``originally scheduled flight.'' The
purpose of this language is to make sure that everyone understands that
if a carrier improperly refuses to allow a passenger to fly as
originally scheduled on the basis of disability, the action is still a
``refusal'' even if the carrier places the individual on a subsequent
flight. Of course, the prohibition of refusals applies to subsequent
flights as well (e.g., when the originally scheduled flight is
cancelled for weather or mechanical reasons, the passenger is rebooked,
and the carrier then refuses to carry the passenger on the rebooked
flight).
Section 382.21 May Carriers Limit Access to Transportation on the Basis
That a Passenger Has a Communicable Disease or Other Medical Condition?
Section 382.23 May Carriers Require a Passenger With a Disability To
Provide a Medical Certificate?
These provisions carry forward the substance of current Sec. Sec.
382.51-382.53, which prohibit carriers from requiring a passenger with
a disability to provide a medical certificate or a doctor's note except
as specifically permitted by this rule. The placement and wording have
been changed for greater clarity. In Appendix A, the Department's
guidance states that carriers may ask for documentation with respect to
emotional support animals. We seek comment on whether it would be
helpful to refer to this documentation in Sec. 382.23.
Section 382.25 May a Carrier Require a Passenger With a Disability To
Provide Advance Notice That He or She Is Traveling on a Flight?
Section 382.27 May a Carrier Require a Passenger With a Disability To
Provide Advance Notice in Order To Obtain Certain Specific Services in
Connection With a Flight?
These sections carry forward the substance of current Sec. 382.33.
Proposed Sec. 382.25 is separated from the rest of the text to
emphasize the basic principle that no passenger with a disability is
required to provide advance notice of the fact that he or she is a
passenger with a disability traveling on a flight. The only situations
in which carriers are authorized (never required) to insist that
passengers provide advance notice is when the passengers want certain
services or accommodations specified in this section. When a carrier is
permitted to insist on advance notice, the advance notice cannot exceed
48 hours. The carrier may also require the passenger to check in an
hour before the scheduled departure time for the flight.
There are some services an air carrier is not required to provide
at all, but if an air carrier does provide them, the carrier may
require advance notice. The most notable of these is medical oxygen for
use of passengers. The Department has been aware, for many years, of
the extensive difficulties faced by passengers who use oxygen. The
problem results from DOT hazardous materials safety regulations that
prohibit passengers from bringing their own personal oxygen supplies
into the cabin and that provide that only oxygen supplied by carriers
may be used on aircraft. Not all carriers provide medical oxygen, and
those that do often charge high prices. This can make travel for
persons who use oxygen very costly, in some cases prohibitively so.
This NPRM does not propose provisions to address this problem.
However, over the last two years, the Department has been actively
working on solutions to this problem with parties including the airline
industry, medical organizations, disability groups, and oxygen
equipment manufacturers and oxygen suppliers, to examine whether state-
of-the-art technology for oxygen delivery systems could be accommodated
within the existing regulatory structure. Because these efforts have
not yet resolved difficulties encountered in air travel by users of
medical oxygen, the Department has begun work to develop proposals to
make travel for oxygen users much easier in the future. These proposals
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would be reflected in future DOT rulemaking or other initiatives.
Section 382.29 May a Carrier Require a Passenger With a Disability To
Travel With a Safety Assistant?
This section uses the term ``safety assistant'' rather than the
current term ``attendant'' because the new term more accurately
describes the role of such an individual. The section is otherwise
substantively the same as current Sec. 382.35.
A safety assistant is someone who accompanies a passenger with a
disability in order to provide assistance in the event of an emergency,
such as an evacuation of the aircraft. This term should help everyone
keep in mind the distinction between the quite different roles of the
safety assistant and a personal care attendant (PCA) or other person
accompanying a passenger with a disability. Under this proposed
section, as well as current Sec. 382.35, it is never appropriate for
an air carrier to insist that a passenger with a disability travel with
a PCA or other person to help the passenger with personal functions or
activities.
Section 382.31 May Carriers Impose Special Charges on Passengers With a
Disability for Providing Services and Accommodations Required by This
Rule?
This section is based on current Sec. 382.57. It makes two
clarifications. First, if a carrier provides a service that is not
required by this rule, the carrier may charge for it (e.g., oxygen).
Second, if a passenger actually occupies more than one seat, the
carrier can charge for the number of seats he or she occupies. For
example, a person who is large enough that he or she needs two seats
can be charged for two seats, even if the individual has a disability.
This would not be considered a prohibited special charge under the
rule. This provision carries forward the Department's long-standing
requirement of Sec. 382.38(i).
Section 382.33 May Carriers Impose Other Restrictions on Passengers
With a Disability That They Do Not Impose on Other Passengers?
This section is based in part on current Sec. 382.55(b) and (c)
and on long-standing interpretations of the Department's rule. This
section stresses that the enumerated practices that are prohibited are
not an exhaustive list. As a general matter, except where otherwise
authorized by Part 382 or required by an FAA or TSA rule, carriers may
never impose restrictions or requirements on passengers with
disabilities that they do not impose on similarly situated passengers
who do not have disabilities. We are proposing adding one specific
prohibition to the list, namely the practice of requiring ambulatory
blind passengers or other persons who can walk to use a wheelchair in
order to be provided assistance. This practice is unnecessary and
offensive to many passengers. As noted above, if a foreign carrier
believes it is required by foreign law to impose restrictions on
passengers with disabilities that Part 382 does not permit, the carrier
may apply for a waiver under Sec. 382.7
Section 382.35 May Carriers Require Passengers With a Disability To
Sign Waivers or Releases?
This section concerns a specific type of restriction or requirement
that carriers are not allowed to impose on passengers with
disabilities. Carriers would be prohibited under this section from
making passengers with a disability sign a waiver of liability or
release as a condition of being allowed to travel or to receive
required accommodations for a disability. This prohibition specifically
includes waivers or releases pertaining to the loss of or damage to
wheelchairs and other assistive devices. This latter requirement is
currently found in Sec. 382.43(c). Carriers could, if they wish, make
notes of pre-existing damage to wheelchairs and other assistive
devices.
Subpart C--Information for Passengers
Section 382.41 What Flight-Related Information Must Carriers Provide to
Qualified Individuals With a Disability?
This provision is based on current Sec. 382.45(a), and adds a few
clarifications. Information about seat locations must be made available
by specific row and seat number, and any limitations on storage
capacity must include information concerning storage of a passenger's
assistive devices.
Section 382.43 Must Information and Reservation Services of Carriers be
Accessible to Individuals With Hearing and Vision Impairments?
The portion of this section concerning telephonic communications
with persons who are deaf or hard-of-hearing is derived from current
Sec. 382.47(a), and it provides that a carrier who makes telephone
information or reservation service available to the public must make
that service available to deaf or hard-of-hearing persons through use
of a TTY. U.S. carriers are already required to meet this requirement
under the current rule. Foreign carriers would have a year from the
effective date of the final rule to ensure that their phone information
and reservation services were accessible to deaf and hard-of-hearing
persons. The Department seeks comment on whether there are countries
the communications infrastructures of which do not readily permit the
use of TTYs, such that another means of making information and
reservations available to these persons would be necessary. If so, what
alternative means should be authorized, and under what circumstances?
There are other issues concerning provision of services to deaf and
hard-of-hearing individuals that this NPRM does not address, such as
requirements for visual information displays or assistive listening
devices in airport terminals or on aircraft, and the captioning of
movies and other entertainment videos on aircraft. The Department has
held a public meeting on this subject, and we are working through a
memorandum of understanding (MOU) with the National Council on
Disability (NCD) to develop recommendations in this area. The
Department anticipates that, after receiving recommendations through
this process, we will be in a position to undertake further rulemaking
on this subject.
Proposed paragraph (b) is new, and concerns the accessibility of
web sites, which have become an increasingly important means through
which the public obtains information from and makes reservations with
air carriers. Not only is using an airline web site often the fastest
and most convenient way for consumers to learn about and book flights,
but these web sites are also often the only places where passengers
have access to certain fares or specials. At the time the Department
originally issued Part 382, the internet was not yet an important means
of interaction between airlines and their customers. It is important to
update this rule to take this important change into account, and to
ensure that passengers with vision impairments have nondiscriminatory
access to airline web sites.
Consequently, the Department proposes that airlines must make their
web sites accessible to all members of the public, including those who
are blind or visually impaired. We propose that standards for
accessibility be those in 36 CFR Part 1194, which implements section
508 of the Rehabilitation Act of 1973, as amended. Section 508 applies
to activities of the Federal government, and does not on its own terms
cover airlines. However, we believe that the standards developed under
section 508 are generally the appropriate standards for web site
accessibility. Use of these
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standards would result in compliance with an airline's obligations
under the ACAA to make its services accessible to passengers with
disabilities. The Department seeks comment on whether these standards
should be modified in any way in the airline web site context and on
whether there are any other standards--domestic or foreign--that would
also be appropriate. In this context, we note that the Access Board
considered and rejected use of private sector web accessibility
standards such as those developed by the World Wide Web Consortium Web
Accessibility Initiative, believing that such standards were sometimes
too subjective and would be difficult to enforce.
In Access Now v. Southwest Airlines (227 F.Supp.2d; S.D. Fl., 2002)
, the District Court concluded that an airline was not required to make
its web site accessible on the authority of Title III of the ADA. (The
11th Circuit Court of Appeals dismissed an appeal on procedural
grounds.) The court's decision was based on its view that Title III
requires accessibility modifications of physical places of public
accommodation and that a web site is not such a place. However, the
ACAA contains no such limitation. The ACAA requires that all airline
services to the public be accessible to persons with disabilities and
provided in a nondiscriminatory manner. This applies whether the
service is provided in person, over the phone, or on the internet.
New web sites going on-line after the effective date of this rule
would have to be accessible from the outset. Existing web sites would
have two years to comply. It should be pointed out that under this
proposal, web sites that act as affiliates, agents, or contractors for
a number of carriers (e.g., Orbitz, Expedia, Travelocity) would be
required to be accessible, no less than web sites serving only a single
carrier.
If a carrier provides written information to the public (i.e., in
hard copy), this section would require that the information must be
communicated effectively to persons with disabilities, upon request,
including people who are blind or have vision impairments. This
effective communication requirement could be met in a variety of ways.
The Department notes that, in the Department of Justice Title III ADA
regulation for places of public accommodation, the auxiliary aids that
could be provided to communicate effectively with persons with impaired
vision include qualified readers, taped texts, audio recordings,
brailled materials, large print materials, and other effective methods
of making visually delivered materials available to individuals with
visual impairments (see 28 CFR Sec. 36.303(b)(2)). No one particular
method of providing effective communication would be required in all
instances. In addition, information would have to be made available in
the languages in which the same information is made available to the
general public. The Department seeks comment on whether there should be
greater specificity in this requirement and suggestions for how, if at
all, the rule should define the scope of this obligation.
One of the services that carrier web sites may provide is the
ability to select seat assignments or various special services (e.g.,
special meals). Where web sites provide services of this kind, it would
seem reasonable that the web sites should also allow passengers to
request accommodations for disabilities (e.g., assistance in connecting
to another flight or services for which carriers are permitted to
require advance notice under this rule). The Department seeks comment
on whether the final rule should include a requirement that carrier web
sites that allow passengers to request special services should also
permit passengers to request accommodations for disabilities. Such a
capability would have to be accessible to visually-impaired persons and
other users with disabilities.
U.S. carriers would have to meet all the requirements of this
section with respect to all their systems and activities. Consistent
with the coverage of foreign carriers outlined in Sec. 382.5, foreign
carriers' obligations could be somewhat more limited. They would have
to comply only with respect to flights and related activities covered
under Sec. 382.5. For example, only portions of a web site pertaining
to flights beginning or ending at a U.S. airport would have to meet the
internet accessibility requirement of proposed paragraph (b). It would
be up to the foreign carrier to decide whether it made sense to
segregate its U.S.-related operations from its other operations in this
way.
Section 382.45 Must Carriers Make Copies of This Rule Available to
Passengers?
This section, based on current Sec. 382.45(d), clarifies that the
carrier must have a current, up-to-date, copy of Part 382 available for
review not only by individuals with disabilities but by any member of
the public who requests it. It must be available at each airport the
carrier serves. In the case of a foreign carrier, this means it must be
available at any airport serving flights that begin or end at a U.S.
airport. It would be sufficient if the carrier has one copy that
passengers can review. It is not necessary for them to have multiple
copies to hand out. The effective communication requirement of Sec.
382.43 would apply to the provision of the rule to a requesting
passenger, except that translations of the rule into foreign languages
would not be required. As noted in the discussion of Sec. 382.43
above, this effective communication requirement could be met in a
variety of ways, including but not limited to the provision of
materials in alternative formats (e.g., in some circumstances it could
include reading information to passengers who asked for it). The
Department seeks comment on whether there should be greater specificity
in this requirement and suggestions for how, if at all, the rule should
define the scope of this obligation.
Subpart D--Accessibility of Airport Facilities
Section 382.51 What Requirements Must Carriers Meet Concerning the
Accessibility of Airport Facilities?
Paragraph (a) concerns accessibility requirements for terminal
facilities at U.S. airports. It applies equally to foreign or U.S.
carriers with respect to the terminal facilities they own, lease, or
control at a U.S. airport. The substantive requirements of the proposed
paragraph are based on current Sec. 382.23, with some additional
elaboration (e.g., that an accessible path is one meeting accessible
path guidelines in the Americans with Disabilities Act Accessibility
Guidelines).
Paragraph (b) states requirements pertaining to foreign airports.
It would apply to both U.S. and foreign carriers for facilities they
lease, own, or operate at foreign airports. Consistent with the
proposed requirements for foreign carriers generally, this requirement
applies to foreign carriers only with respect to terminal facilities
serving flights that begin or end at a U.S. airport. It is obvious
that, for air travel to points outside the U.S. to be accessible to
passengers with disabilities, accessible airport facilities are
essential at both the U.S. and foreign airports involved in a flight.
If a carrier's airport facilities at the U.S. end of a flight are
accessible, but the carrier's facilities at the foreign end of the
flight are inaccessible, a passenger with a disability will be unable
to complete the journey. Such a denial of access to the air travel
system is incompatible with the purposes of the ACAA. The Department is
aware that there may be
[[Page 64370]]
situations at some foreign airports in which a U.S. or foreign carrier
does not own, lease, or control facilities that are important to
passenger accessibility. We seek comment on how, if at all, the rule
should address such situations.
For both U.S. and foreign carriers, the NPRM proposes a performance
requirement, rather than a facilities accessibility requirement, as
such: passengers must be able to move through the airport readily and
get to and from the gate they will be using. Carriers meet this
obligation through any combination of facility accessibility, auxiliary
aids, equipment, the assistance of personnel, or other appropriate
means consistent with the safety and dignity of passengers with a
disability. The Department proposes to adopt this performance standard,
rather than requiring compliance with the ADAAGs or other U.S.
accessibility standards, because it is questionable whether it would be
legally and practically sound to impose these standards on facilities
located on foreign soil. The Department does not consider physically
hand-carrying a passenger (i.e., picking the person up bodily in the
arms of carrier personnel to move them through the terminal) to be
consistent with passengers' safety and dignity. This practice would be
prohibited under proposed Sec. 382.101, as it is prohibited now under
current Sec. 382.39(a)(2).
Paragraph (c) establishes compliance dates for the requirements of
this section. Foreign carriers would have a year to comply, both at
U.S. and foreign airports. U.S. carriers are already required to comply
with these requirements at U.S. airports, and would have a year to
comply at foreign airports. The Department seeks comment on whether
this time frame is feasible.
One feature now found at airports that was not present when the
original ACAA rule was issued in 1990 is the electronic ticketing
kiosk. Particularly for passengers who are traveling without checked
luggage, these kiosks can save considerable time by avoiding the need
to wait in long lines at the ticket counter. The Department seeks
comment on the accessibility of these devices. In terms of
approachability, height of screens and controls, location of slots for
credit cards and dispensing of boarding passes, are kiosks sufficiently
accessible to passengers with mobility impairments? Is use of the
devices accessible to persons with mobility or vision impairments?
Should the final ACAA rule contain specific accessibility requirements
for them and, if so, what should the requirements be? In this context,
we note 36 CFR 1194.25, part of the Access Board's section 508
standards for ``self-contained closed products.'' This provision
requires independent access for persons with hearing or vision
impairments and that machines be within specified reach ranges. The
Department seeks comment on whether the final rule should adopt these
standards by reference for electronic kiosks.
Section 382.53 What Accommodations Are Required in Airports for
Individuals With a Vision Impairment and Individuals Who Are Deaf or
Hard-of-Hearing?
This provision is derived from current Sec. 382.45(c), as it
pertains to airport facilities. Foreign carriers would have a year to
comply, both at U.S. and foreign airports. U.S. carriers are already
required to comply with these requirements at U.S. airports, and would
have a year to comply at foreign airports. Again, the Department seeks
comment on whether this time frame is feasible. As mentioned above, the
Department is working on a follow-on NPRM specifically concerning
accommodations for deaf and hard-of-hearing passengers. The future NPRM
will consider such accommodations in greater detail. Meanwhile, the
current NPRM proposes to retain the existing requirements for such
accommodations and would apply them to foreign air carriers.
Section 382.55 What Requirements Apply to Carriers' Security Screening
Procedures?
At the time of the publication of the original ACAA rule, security
screening procedures were controlled by air carriers and consequently
subject to regulation under Part 382. However, the Transportation
Security Administration now controls security screening at U.S.
airports. As a Federal agency, it is not subject to regulation under
the ACAA. Likewise, there may be foreign legal requirements for
security screening at foreign airports that are not subject to ACAA
regulation.
Proposed Sec. 382.55 recognizes the role of these authorities.
However, it is possible that some air carriers may choose to conduct
security screening procedures that go beyond those carried out under
TSA or foreign legal requirements. The Department wants to ensure that
additional air carrier security screening procedures do not
discriminate against passengers with a disability. Consequently, for
such additional carrier-imposed procedures, we propose to carry forward
the substance of current Sec. 382.49. The Department seeks comment on
whether this is necessary and, if so, whether the provisions should be
modified to reflect the kind of additional security screening
procedures that carriers impose. For example, if a carrier interviews
passengers as part of its security screening process, how should it
ensure effective communication in the interview with a passenger having
a hearing or vision impairment?
Subpart E--Accessibility of Aircraft
Section 382.61 What Are the Requirements for Movable Aisle Armrests?
This section is based on current Sec. 382.21(a)(1). It would make
a number of clarifications to the existing language. The basic
requirement of movable aisle armrests on half the aisle seats on the
aircraft remains the same. The rule would specify that the base number
of passenger aisle seats from which the 50 percent requirement is
calculated would not include seats in exit rows or any other place
where an FAA safety rule precludes a passenger with a mobility
impairment from sitting.
Paragraph (c) would state explicitly that movable aisle armrests
must be provided proportionately in all classes of service in the
entire passenger cabin. For example, if 80 percent of the aisle seats
on the aircraft in which passengers with mobility impairments may sit
are in coach, and 20 percent are in first class, then 80 percent of the
movable aisle armrests must be in coach, with 20 percent in first
class. The proposed rule would provide a phase-in period for U.S. as
well as foreign air carriers, to prevent undue hardship in cases where
carriers had not previously installed movable armrests in all classes
of service.
Paragraph (d) carries forward an existing requirement from Sec.
382.21(a)(1)(iii). We would note that, consistent with Sec. 382.41,
this information must be provided specifically by seat and row number.
The current rule includes an exception for types of seats in which
incorporating movable aisle armrests would not be feasible. The
Department is proposing to delete this exception. The Department has
not seen evidence showing that any particular sort of seat truly makes
the use of movable aisle armrests infeasible. Moreover, the Department
believes that this exception has led to a lack of movable armrests in
some classes of service for some carriers. The Department seeks comment
on this issue.
U.S. carriers are already subject to most of the requirements of
this section. We propose to require foreign carriers to
[[Page 64371]]
comply on the effective date of the final rule with respect to new
aircraft they order after that date, or which are delivered to them
beginning two years after the effective date. (Only aircraft that would
be used in service to U.S. airports would be subject to this
requirement.) This gives foreign carriers the same phase-in time that
the Department made available to U.S. carriers when we issued the
original ACAA rule.
Section 382.63 What Are the Requirements for Accessible Lavatories?
This section carries forward the requirements of current Sec.
382.21(a)(3). It would make explicit that carriers may, but are not
required to, install accessible lavatories in single-aisle aircraft. It
also points out that while retrofit is not required, if a lavatory unit
is replaced on an existing aircraft with more than one aisle, it must
be replaced with an accessible unit. The same would hold true for the
replacement of a lavatory component, even if the entire unit is not
replaced. As with movable aisle armrests, foreign carriers must comply
with the requirement for new aircraft ordered after the effective date
of the final rule or delivered beginning two years after that date.
U.S. carriers are already required to comply with respect to all
aircraft ordered or delivered after the dates specified in the original
Part 382.
The Department is aware that the absence of accessible lavatories
on single-aisle aircraft can create inconvenience and difficulty for
some passengers with disabilities. The Department has refrained from
proposing to require accessible lavatories in single-aisle aircraft
primarily out of concern that the cost of installing these lavatories
could impose an undue financial burden on air carriers. This potential
burden relates not only to the cost of the lavatory units themselves
but also, and more importantly, to the continuing revenue losses that
airlines would encounter because they would probably have to reduce the
seating capacity of the aircraft to accommodate the larger lavatory
unit. Nevertheless, we ask for comment on whether it would be desirable
and feasible, practically and economically, to require accessible
lavatories on at least some new single-aisle aircraft (e.g., those
above a certain seating capacity). Of course, as in other areas of this
regulation, the Department would not contemplate requiring retrofit of
existing aircraft.
For some years, the Department has had available guidance on the
design of accessible lavatories both for use in single-aisle and
double-aisle aircraft. This guidance is posted on the Department's Web
site (http://ostpxweb.dot.gov).
Section 382.65 What Are the Requirements Concerning On-Board
Wheelchairs?
This section carries forward the requirements of current Sec.
382.21(a)(4), which requires carriers to have a full-time on-board
wheelchair in the cabin of some aircraft, and to provide an on-board
wheelchair on any flight using an aircraft with more than 60 seats on
the advance request of a passenger. It would propose one substantive
change, applying on-board wheelchair requirements to aircraft with 50
or more seats, rather than more than 60 seats as is the case under the
current rule. This change is proposed in light of the growing
prominence in airline fleets of regional jets, which often have a
seating capacity of 50 passengers.
U.S. carriers are already required to comply with this requirement
with respect to aircraft with more than 60 seats. We would provide a
year phase-in period with respect to aircraft having 50-60 seats. We
would also give foreign carriers two years from the effective date of
the rule to come into compliance.
Section 382.67 What Is the Requirement for Priority Space in the Cabin
To Store Passenger Wheelchairs?
This section carries forward the requirements of current Sec.
382.21(a)(2), which requires newer aircraft with 100 or more seats to
have priority space in the cabin for stowage of at least one
passenger's folding wheelchair. This refers to a different wheelchair
and a different space than the carrier-supplied on-board wheelchair and
space described in current Sec. 382.21(a)(4) and proposed Sec. 382.65
above. In some situations, a carrier must accommodate both a
passenger's folding wheelchair (to minimize the chance of damage and to
make return of the chair to the passenger quicker and more convenient)
and a carrier-supplied on-board wheelchair (to allow a passenger with a
mobility impairment to get to the lavatory during the flight). U.S.
carriers are already required to comply; we would give foreign carriers
two years from the effective date of the rule to come into compliance.
The Department has always intended, and the rule has always meant,
that the storage space for the passenger's wheelchair must be
sufficient for a typical adult-size folding wheelchair that belongs to
a passenger. Recently, however, some carriers appear to have
misunderstood the current rule, suggesting that the rule could be
interpreted to mean that a carrier could comply by providing space only
for a child-size wheelchair, the carrier's own on-board wheelchair, or
a multi-piece break-down wheelchair, the components of which could be
stored in the overhead compartments and under-seat spaces normally used
for carry-on luggage. We have revised the regulatory text to make sure
that such misunderstandings will not arise in the future. We seek
comment on whether any additional language is needed. We also propose
specific dimensions for a passenger wheelchair that would fit into the
designated space. These dimensions have been used in DOT enforcement
actions. We seek comment on whether the dimensions provide sufficient
space for typical passenger folding wheelchairs and are otherwise
appropriate.
Current DOT enforcement policy permits carriers to comply with the
requirements for passenger wheelchair stowage space across two or three
seats using a strap kit approved by the FAA, rather than to retrofit an
aircraft, possibly involving the removal of seats, to provide the
designated wheelchair space. If it is necessary to bump passengers to
accommodate a passenger wheelchair carried in this fashion, the bumped
passengers receive compensation equivalent to denied boarding
compensation. This approach is not mentioned in the current or proposed
rule text. We seek comment on whether the rule text should codify this
policy or whether the rule should require a closet in each aircraft
(or, at least, each new aircraft) that is capable of accommodating a
passenger's folding wheelchair.
If a carrier wishes to use this or another alternative means to
meet the passenger wheelchair stowage requirement, it should request
approval from the Assistant General Counsel for Aviation Enforcement
and Proceedings, U.S. Department of Transportation, 400 7th Street,
SW., Washington DC 20590. Approval would be contingent on FAA
concurrence, where applicable. The Department proposes to continue to
make this compliance option available under the proposed rule.
Section 382.71 What Other Aircraft Accessibility Requirements Apply to
Carriers?
This section carries forward administrative requirements now found
in Sec. 382.21(d)-(f).
[[Page 64372]]
Subpart F--Seating Accommodations
Section 382.81 For Which Passengers Must Carriers Make Seating
Accommodations?
Section 382.83 Through What Mechanisms do Carriers Make Seating
Accommodations?
Section 382.85 What Seating Accommodations Must Carriers Make to
Passengers in Circumstances not Covered by Sec. 382.81 (a) Through
(d)?
These sections carry forward the requirements of current Sec.
382.38, restructured for greater clarity. The existing language that
Sec. 382.81(d) incorporates provides that the seating accommodation
for a person with a fused or immobilized leg would be ``on the side of
an aisle that better accommodates the individual's disability.'' The
Department seeks comment on whether there have been any problems under
this provision concerning passengers extending a leg into the aisle and
interfering with service carts or pedestrians using the aisle. If there
have been such problems, we seek comment on how to avoid them while
still accommodating passengers in this situation. In addition, we note
that by an ``immobilized'' leg, we mean one in which there is a
severely limited range of motion in the knee, such that the passenger
cannot flex the joint readily to any significant degree. We also seek
comment on whether other seating accommodations should be added to fill
gaps, if any, in the existing provision.
Section 382.87 What Other Requirements Pertain to Seating for
Passengers With a Disability?
This provision carries forward the provisions of current Sec.
382.37(a) and (b). Current Sec. 382.37(c), concerning seating for
persons traveling with a service animal, has been moved to the service
animal section of the rule (proposed Sec. 382.117(c)).
Proposed Sec. 382.87(c) concerns one of the grounds for excluding
a passenger from a flight. If the passenger's involuntary active
behavior would create a direct threat in one seat location, but the
passenger could be transported if seated safely in another location
(e.g., somewhere away from other passengers on a flight that was not
full), then the carrier would have the obligation to offer a seat
change to the passenger as an alternative to being refused
transportation.
Paragraphs (d)-(f) codify existing interpretations and the
requirements of current Sec. 382.38 (h) and (i). With one exception,
passengers with a disability are not required to give up a seating
accommodation they already have to accommodate another passenger with a
disability, and no one is ever denied transportation on a flight to
provide accommodations required by this subpart (except in the
``strapping'' policy situation discussed in connection with Sec.
382.67). Carriers are not required to furnish more than one seat per
ticket (see discussion of Sec. 382.31 above) and carriers would not be
required to provide a seat in a class of service other than the one the
passenger has purchased in order to provide an accommodation required
by this part. The Department seeks comment on whether there should be
any exceptions to this principle (e.g., when a documented medical
condition would preclude a passenger traveling in the space available
to passengers in coach, but the additional room in business or first
class would permit the individual to travel). If any such exceptions
were permitted, what safeguard should be included to prevent abuse or
undue burdens to the carrier or other passengers?
Paragraph (a) of this section prohibits carriers from excluding a
passenger with a disability from a seat, except to comply with FAA
regulations. If a foreign carrier believes that a foreign legal
requirement precludes it from complying with this section, the carrier
could apply for a waiver under Sec. 382.7.
Section 382.89 When Do the Requirements of This Subpart Begin Applying
to Carriers?
These requirements already apply to U.S. carriers. The proposal
would give foreign carriers six months to come into compliance. We
suggest six months, rather than a longer period, since compliance does
not require physical alterations to aircraft or other facilities.
Subpart G--Boarding, Deplaning, and Connecting Assistance
Section 382.91 What Assistance Must Carriers Provide to Passengers With
a Disability in Moving Within the Terminal?
This provision would require carriers to provide assistance to
passengers with disabilities in moving around the terminal. It includes
assistance with connections between flights; as under the current rule,
the carrier that operates the arriving flight is responsible for the
assistance, even if the connecting flight is with another carrier, and
even if the passenger is traveling on two separate tickets and with
separate reservations.
The proposed rule would also propose requirements concerning
assistance in moving through the terminal other than in connecting
flight situations. The carrier on whose flight the passenger is
departing (at the beginning of a journey) or arriving (at the end of a
journey) would be responsible for assisting the passenger between
terminal entrance and gate, as well as with accessing ticket and
baggage locations, rest rooms, or food service concessions. As in all
aspects of carrier assistance to passengers, carrier personnel or their
contractors are not expected to provide personal care attendant
services, such as assistance with eating or using a bathroom. The
Department seeks comment on whether, in the situation where a passenger
is arriving at an airport to begin a journey, it is reasonable for the
carrier to be able to require advance notice for meeting the passenger
to provide the assistance required in this section.
Paragraph (c) proposes a new requirement, related to the
requirement to assist passengers in moving through the terminal. It
would obligate carrier and contractor personnel to assist passengers
with disabilities with carry-on and gate-checked luggage as they go
between connecting flights or between terminal entrance and gate. We
believe that this obligation is implicit in the responsibility to
assist passengers with disabilities in moving through terminals, but we
believe it is useful to state the obligation explicitly to avoid any
misunderstanding. We also seek comment on whether it would be
reasonable to place limits on this obligation (e.g., should the
requirement apply to individuals other than those with mobility
impairments?).
Section 382.93 Must Carriers Offer Preboarding to Passengers With a
Disability?
When the Department published the original ACAA rules in 1990, it
was an almost invariable carrier practice to offer preboarding to
passengers with disabilities, as well as to families with small
children and other persons needing a little more time to get settled
into their seats. Some provisions of the rule (e.g., concerning stowage
of wheelchairs in the cabin) were explicitly premised on the
availability of this service. It also stood to reason that this
practice would accommodate the many situations in which passengers with
disabilities needed more time or assistance than other passengers to
complete seating (e.g., a passenger who had to stow crutches or a cane,
a blind passenger who needed assistance in finding a seat, a passenger
who needed assistance from carrier personnel to
[[Page 64373]]
stow a carry-on bag in the overhead compartment).
In recent years, however, some carriers, at least for some flights,
have abandoned or partially abandoned the practice of offering
preboarding. The ACAA does not concern itself with families with small
children or other situations in which non-disabled passengers might
need additional time for seating. However, the Department believes that
providing a preboarding option for passengers is an essential
accommodation for seating, stowage, and other activities that are more
difficult for passengers with disabilities than other people. For this
reason, the Department is proposing to require a preboarding
opportunity for passengers with disabilities of which all passengers
would be notified.
Section 382.95 What Are Carriers' General Obligations With Respect to
Boarding, Deplaning, and Connecting Assistance?
Paragraph (a) of this section carries forward the requirement of
current Sec. 382.39(a) and (a)(1). It specifies that the requirement
for assistance, consistent with proposed Sec. 382.91, includes
responsibility for connecting flights. This paragraph speaks of
carriers providing this assistance ``promptly.'' The Department seeks
comment on whether this requirement should be more specific (e.g., by
including a time frame, like 10 or 15 minutes or by requiring that
carriers ensure that deplaning assistance is provided to passengers
with disabilities who will use an aisle chair for deplaning no later
than the time that the aircraft aisle is clear of other passengers,
such that the aisle chair can be brought to the passenger's aircraft
seat). Our objective is to address situations in which passengers who
need assistance in deplaning have been left on board aircraft for an
unreasonable length of time.
Paragraph (b) rewords the requirement of current Sec. 382.39(a)(2)
to be consistent with the present state of requirements for providing
boarding assistance at U.S. airports.
Section 382.97 To Which Aircraft Does the Requirement To Provide
Boarding and Deplaning Assistance Through the Use of Lifts Apply?
Section 382.99 What Agreements Must Carriers Have With the Airports
They Serve?
These sections combine and condense the requirements of current
Sec. Sec. 382.40 and 382.40a on the use of mechanical lifts or ramps,
without making substantive changes in the requirements. By this time,
compliance dates for all requirements to have agreements and lifts in
place under current Sec. Sec. 382.40 and 382.40a have passed for U.S.
carriers and U.S. airports. The NPRM proposes time frames for foreign
carrier compliance approximately similar to that which U.S. carriers
had. The training-related provisions of the current regulations on
boarding via lifts or ramps have been moved to proposed Sec.
382.141(a)(1).
One of the most important changes in airline service since the
publication of the original ACAA regulation concerns the increasing use
of regional jets (RJs) by carriers for relatively short flights. These
aircraft typically carry from 40-70 passengers and often are boarded
from the tarmac, rather than via loading bridges. At many airport
terminals, passengers must descend a level from the gate area to the
tarmac in order to board. Under these circumstances, for passengers
with mobility impairments to board these aircraft successfully,
airlines and airports need to ensure that lifts are in place and made
available to passengers and that there is an accessible path from the
gate area to the tarmac. The Department's Aviation Consumer Protection
Division has received few complaints about tarmac boardings of RJs.
Nevertheless, the Department seeks information from airports, airlines,
and passengers about whether these conditions are being met. Are there
accessible paths from gate areas to the tarmac, and is lift service
successful? We also seek comment on whether there are any additional
regulatory provisions that would facilitate use of RJs by passengers
with disabilities.
Section 382.101 What Other Boarding and Deplaning Assistance Must
Carriers Provide?
This provision lists the circumstances in which use of lifts for
boarding and deplaning is not required, even in the absence of other
means of level-entry boarding. These include foreign airports, a
specified category of smaller U.S. airports, situations involving
exempt aircraft, situations prior to the compliance deadline for
foreign carriers, and other situations beyond the control of the
carrier that prevent use of the lifts. In all these situations, the
obligation to provide boarding and deplaning assistance continues.
Carriers must find other means of accomplishing the objective. No one
method is prescribed; only physically hand-carrying a passenger, as
described in Sec. 382.101, is prohibited.
Section 382.103 May a Carrier Leave a Passenger Unattended in a
Wheelchair or Other Device?
This section carries forward the requirement of current Sec.
382.39(a)(3).
Subpart H--Services on Aircraft
Section 382.111 What Services Must Carriers Provide to Passengers with
a Disability on Board the Aircraft?
This section carries forward the provisions of current Sec.
382.39(b), and adds an ``effective communication'' requirement similar
to the on-aircraft portions of present Sec. 382.45(c), with some
current exceptions eliminated. The effective communication would have
to be with respect to such information as weather at the destination,
connecting gates at the arrival airport, and on-board services.
Section 382.113 What Services Are Carriers Not Required To Provide to
Passengers With a Disability on Board the Aircraft?
This section carries forward the provisions of current Sec. 382.39
(c).
Section 382.115 What Requirements Apply to On-Board Safety Briefings?
This section carries forward the provisions of current Sec. Sec.
382.45(b) and 382.47(b). Foreign carriers may comply with the
requirement for video safety briefing materials incrementally, as they
replace old videos with new ones. As is currently the case, carriers
are prohibited from taking any action adverse to a passenger on the
basis that the passenger has not ``accepted'' the briefing. For
example, it would be improper for a carrier to take any action against
a passenger because carrier personnel felt that the passenger was not
paying sufficient attention to the briefing (e.g., because he or she
was reading at the time). While close attention to safety briefings is
always recommended for passengers, carriers do not take action against
members of the general passenger population who similarly ignore the
general safety briefing. Passenger inattention to briefings does not
prevent crewmembers from performing their duties under FAA safety
rules, which is simply to provide the briefings. The Department seeks
comment on whether any different requirements should apply to foreign
carriers.
Section 382.117 Must Carriers Permit Passengers With a Disability To
Travel With Service Animals?
This section carries forward the provisions of current Sec.
382.55(a). While the substance of this provision has not
[[Page 64374]]
changed, new guidance concerning service animal issues found in
Appendix A. The original source of this guidance was a series of
questions and answers the Department published in 1996 (61 FR 56420). A
group convened by the NCD and ATA subsequently provided recommendations
via the NCD MOU with the Department. The Department made minor
modifications and additions to the NCD/ATA suggestions, and we have
previously posted this material on the Department's web site. This
guidance replaces the questions and answers on service animal issues
the Department published in 1996 (61 FR 56420). In Appendix A, the
Department has made a few additional minor modifications to the
sections on requesting and requiring documentation for service animals.
The Department seeks comment on whether any modifications should be
made to Appendix A.
Subpart I--Stowage of Wheelchairs, Other Mobility Aids, and Other
Assistive Devices
Section 382.121 What Mobility Aids May Passengers With a Disability
Bring Into the Aircraft Cabin?
This section incorporates the substance of current Sec. 382.41(a)-
(d). It adds a reference to TSA as well as FAA regulations that may
affect the carriage of passengers' items in the cabin. As in other
situations in which there could be a conflict with foreign law, foreign
carriers could apply for a waiver under Sec. 382.7.
Section 382.123 What Are the Requirements Concerning Priority Cabin
Stowage Space for Wheelchairs?
This section carries forward the substance of current Sec.
382.41(e). It emphasizes the applicability of FAA, TSA, and hazardous
materials rules to the carriage of items in the cabin. As in other
situations in which there could be a conflict with foreign law, foreign
carriers could apply for a waiver under Sec. 382.7.
One problem that has sometimes occurred concerns competing claims
to stowage space between passengers' wheelchairs and crew luggage. On
some occasions, crew members have argued that their own luggage takes
precedence over a passenger's folding wheelchair. A related problem has
arisen in some cases where crew members have asserted that a
passenger's folding wheelchair need not be stowed in the cabin because
an on-board wheelchair is already stowed there. The language of this
section is intended to address both problems. Under this provision, if
a closet or other stowage space is made available for passengers' items
at any time, then it must be made available for the stowage of
passengers' wheelchairs. This use of the space is not trumped by crew
luggage. Nor is the presence of an on-board wheelchair a valid reason
for denying stowage space to a passenger's wheelchair. The Department's
Aviation Enforcement and Proceedings Office has made these positions
clear to carriers under the existing regulation, and we maintain these
positions under the proposed rule.
Section 382.125 What Procedures Do Carriers Follow When Wheelchairs,
Other Mobility Aids, and Other Assistive Devices Must Be Stowed in the
Cargo Compartment?
This section carries forward the provisions of current Sec.
382.41(f). It again makes reference to the potential applicability of
TSA as well as FAA regulations. As in other situations in which there
could be a conflict with foreign law, foreign carriers could apply for
a waiver under Sec. 382.7.
Section 382.127 What Procedures Apply to Stowage of Battery-Powered
Wheelchairs?
This section carries forward the provisions of current Sec.
382.41(g). It again makes reference to the potential applicability of
TSA as well as FAA regulations. As in other situations in which there
could be a conflict with foreign law, foreign carriers could apply for
a waiver under Sec. 382.7.
Section 382.129 What Other Requirements Apply When Passengers'
Wheelchairs, Other Mobility Aids, and Other Assistive Devices Must Be
Disassembled for Stowage?
This section carries forward the provisions of current Sec. Sec.
382.41(h) and 382.43 (a). It includes language incorporating an
existing provision (see current Sec. 382.41(h)) that carriers must
permit a passenger to provide written directions concerning the
disassembly and reassembly of wheelchairs and other devices. The
carrier would have to follow these instructions to the greatest extent
feasible, consistent with applicable FAA and TSA rules. As in other
situations in which there could be a conflict with foreign law, foreign
carriers could apply for a waiver under Sec. 382.7.
The purpose of this requirement is to reduce the chance for damage
to wheelchairs and other devices resulting from unfamiliarity by
carrier personnel with the best way of working with the devices. The
passenger is often the best source of information on how to handle his
or her valuable property.
Section 382.131 Do Baggage Liability Limits Apply to Mobility Aids and
Other Assistive Devices?
This section carries forward the provisions of current Sec.
382.43(b). Because the rule now would apply to foreign carriers, the
Department believes it is useful to spell out that the domestic baggage
liability limits of 14 CFR part 254, as well as the exception to these
limits that this section in effect creates, do not apply to
international transportation to which Warsaw or Montreal Convention
liability limits apply. The Department seeks comment on how liability
for loss of or damage to wheelchairs and other assistive devices should
be handled in the case of international transportation.
Subpart J--Training and Administrative Provisions
Section 382.141 What Training Are Carriers Required To Provide for
Their Personnel?
This section is based principally on current Sec. 382.61 (a)(1)-
(3), (5)-(7), and (b). The NPRM would add provisions concerning
training on equipment operation and consultation with disability
community organizations. The Department seeks comment on the
application of this proposed requirement to foreign carriers. For
example, if a foreign carrier can demonstrate it made good faith
efforts to contact disability community organizations in its home
country, but was unable to do so, should the requirement be waived? In
addition, training would cover contractor employees who deal with the
traveling public generally, not only at airports as under the current
Sec. 382.61(a)(6). For example, contract reservationists who deal with
customers over the phone need to know how to apply certain provisions
of this regulation no less than ticket agents located at an airport.
Section 382.143 When Must Carriers Complete Training for Their
Personnel?
This section would establish the schedule on which carriers must
complete the training of their personnel. Training of contractor
personnel would be required to follow the same schedule, as if the
contractor personnel worked directly for the air carrier. Current
personnel of U.S. carriers are supposed to have received ACAA training
already. However, the final rule will probably change some requirements
of the rule. Consequently, the Department proposes that existing U.S.
carrier personnel
[[Page 64375]]
would be given training on the revised Part 382 within a year of the
effective date of the final rule. The training could be limited to
changes in the regulation. New U.S. carrier personnel would have to
receive complete ACAA training before they started work, or within 60
days of doing so, depending on the position they occupy.
For foreign carriers, training requirements would be limited to
carrier and contractor personnel who deal with the traveling public in
connection with flights that begin or end at a U.S. airport. Because
foreign carriers probably would not have experience in developing and
implementing disability-related training programs comparable to that of
U.S. carriers, foreign carriers would not be required to complete
training for any of their personnel until a year from the effective
date of the rule. Otherwise, the U.S. and foreign carrier training
requirements would be parallel.
Section 382.145 What Must Carriers Incorporate in Their Manuals?
Current Sec. 382.63 requires carriers to establish ACAA compliance
programs, which major or national U.S. carriers must submit to DOT for
review. The NPRM proposes to delete this requirement, which we believe
is no longer necessary. Rather, this section would require all carriers
to incorporate their procedures for complying with ACAA requirements in
their manuals, training materials, and guidance for their personnel.
Carriers would not be required to submit these materials to DOT as a
routine matter. However, carriers would have to make them available to
DOT for review on DOT's request. DOT could require a carrier to change
these materials to comply with Part 382. We also seek comment on
whether it would be beneficial for carriers to be required to submit
certifications of compliance with this requirement to the Department.
Subpart K--Complaints and Enforcement Procedures
Section 382.151 What Are the Requirements for Providing Complaints
Resolution Officials?
This section is based on current Sec. 382.65 (a)(1)-(4). We
propose an important addition to the current language. In any situation
in which a person raises a disability-related issue, and a carrier's
personnel do not resolve the issue immediately to the customer's
satisfaction, the carrier's personnel must immediately inform the
customer of the right to contact a Complaints Resolution Official
(CRO). Frequently, passengers do not know that CROs exist and that they
can be a resource to solve discrimination or accessibility problems. We
believe it should be the airline's responsibility to make passengers
aware of this resource when a passenger's disability-related concern
has not been addressed to the customer's satisfaction by the carrier's
staff. A web site, phone reservation system, or contractor must also
provide this same information when such a problem arises. To ensure
that passengers have the necessary tools at their disposal to resolve
issues, the airlines in this situation would also have to provide the
Department's toll-free airline accessibility hot line number. This
number is available only for calls made from the U.S.
The current and proposed regulations require carriers to make CRO
service available at all times when the carrier is operating at the
airport. In some cases, a carrier may have only a few flights a week to
a given airport. The carrier may staff its station at that airport only
around the times that these flights are arriving or departing. In such
a case, CRO service would only be required during those periods.
Section 382.153 What Actions Do CROs Take on Complaints?
This section is based on current Sec. 382.65(a)(5). It concerns
situations when a complaint is made directly to a CRO, typically by
such ``real time'' means as a personal conversation, phone or TTY call,
or electronic instant message. (Communications to the carrier's
organization are discussed below in connection with Sec. 382.155.)
Section 382.155 How Must Carriers Respond to Written Complaints?
This section is unchanged from the current Sec. 382.65(b), except
that it eliminates the 45-day complaint filing deadline with respect to
complaints forwarded to carriers by DOT.
Section 382.157 What Are Carriers' Obligations for Recordkeeping and
Reporting on Disability-Related Complaints?
The Department has issued a final rule creating a new Sec. 382.70,
concerning recordkeeping and reporting requirements to comply with AIR-
21 mandates. We are not reprinting this material here, because we are
not seeking additional comment on it. When the final rule based on this
NPRM is issued, we will insert the contents of the current Sec. 382.70
at this point in the revised rule. The Department will also incorporate
the Appendix created by the recordkeeping and reporting requirements
rulemaking into the Part 382 final rule as Appendix B.
Section 382.159 How Are Complaints Filed With DOT?
This section carries forward the provisions of current Sec.
382.65(c).
Appendix A--Guidance Concerning Service Animals
This appendix incorporates into the ACAA rule the guidance on
service animal issues that the Department recently issued and placed on
its web site. The guidance is intended to give both air carriers and
passengers the benefit of the thinking of the Department, the airline
industry, and the disability community on how to carry out the rule's
requirements for accommodating passengers' service animals. This
proposed appendix would add three elements to the previously published
version of the guidance: training for emotional support animals, a
prohibition on requiring documentation for most service animals, and
certain conditions on the use of service animals. As noted above, the
Department is seeking comments on whether this guidance should be
modified in any way.
One issue of which the Department has become aware concerns
transportation of service animals on long-duration flights (e.g.,
nonstop trans-Pacific flights that may take 14-18 hours). Eating,
drinking, and elimination functions for service animals could prove
problematic under these circumstances. The Department seeks comment on
how best to address these issues. In addition, in the context of
connecting flights for passengers using service animals, the Department
has heard suggestions that airports provide animal relief areas in
terminals. (If such a provision were included in the rule, it would
presumably be in Subpart D.) We seek comment on whether providing
animal relief areas in airport terminals is feasible and, if so, how it
would best be accomplished.
Reference Table--Placement of Current Provisions
The purpose of this table is to aid readers in finding the
location, in the new proposed rule text, of material corresponding to
or derived from provisions in the current rule text. The current and
proposed language often is not identical, though the subject matters
covered are similar. The citations from the current regulatory text are
in the left-hand column; the corresponding portions of the new proposed
regulatory text are in the right-hand column.
[[Page 64376]]
------------------------------------------------------------------------
Current rule text New proposed rule text
------------------------------------------------------------------------
382.1..................................... 382.1
382.3(a)-(d).............................. 382.5
382.3(e)-(g).............................. 382.9
382.5..................................... 382.3
382.7..................................... 382.11-382.13
382.9..................................... 382.15
382.21.................................... 382.61-382.71
382.31.................................... 382.19
382.33.................................... 382.25-382.27
382.35.................................... 382.29
382.37.................................... 382.87
382.38.................................... 382.81-382.85
382.39(a)................................. 382.91(a)
382.39(a)(1).............................. 382.95(a)
382.39(a)(2).............................. 382.101
382.39(a)(3).............................. 382.103
382.39(b)................................. 382.111
382.39(c)................................. 382.113
382.40(a), 382.40a(a)..................... 382.95(b)
382.40(c)(4), 382.40a(c)(4)............... 382.97
382.40(c)(1)-(3), (5)-(6); 382.40a(c)(1)- 382.99
(3), (5)-(6).
382.40(d), 382.40a(d)..................... 382.141(a)(1)(ii)-(iii)
382.41(a)-(d)............................. 382.121
382.41(e)................................. 382.123
382.41(f)................................. 382.125
382.41(g)................................. 382.127
382.41(h)................................. 382.129(a)
382.43(a)................................. 382.129(b)
382.43(b)................................. 382.131
382.43(c)................................. 382.35
382.45(a)................................. 382.41
382.45(b)................................. 382.115(a)-(d)
382.45(c)................................. 382.53
382.45(d)................................. 382.45
382.47(a)................................. 382.43(a)
382.43(b)................................. 382.115(e)
382.49.................................... 382.55
382.51.................................... 382.21
382.53.................................... 382.23
382.55(a)................................. 382.117
382.55(b)-(c)............................. 382.33
382.61.................................... 382.141-382.143
382.63.................................... 382.145
382.65(a)(1)-(4).......................... 382.151
382.65(a)(5).............................. 382.153
382.65(b)................................. 382.155
382.55(c)-(d)............................. 382.159
382.70.................................... 382.157 (reserved in NPRM)
------------------------------------------------------------------------
Regulatory Analyses and Notices
This proposed rule is a significant rule under Executive Order
12886 and the Department's Regulatory Policies and Procedures. It is of
considerable interest to the disability community and the aviation
industry. It does not, however, meet the criteria under the Executive
Order for an economically significant rule.
The extension of current provisions to foreign air carriers will be
of significant interest to them and the public. The Department has
attempted to propose this extension in as even-handed a manner as
possible, applying not only the same regulatory provisions but the same
compliance time frames that applied to U.S. carriers. As noted above,
the provisions of the proposed rule apply only to foreign aircraft and
operations involved with flights beginning or ending at U.S. airports.
Other than extending coverage of ACAA provisions to foreign
carriers, the most important new element is the requirement for web
site accessibility, which is an extension of existing communications
accessibility requirements to a medium that did not play an important
role in the industry when the original ACAA rule was issued. This new
requirement would apply to U.S. and foreign carriers alike (though,
with respect to foreign carriers, only with respect to flights to and
from U.S. airports).
This rule results from a statutory change applying the requirements
of the ACAA to foreign as well as U.S. air carriers. We believe that
amending Part 382 to cover foreign air carriers is the most direct and
transparent way of carrying out this statutory mandate. There are
alternative approaches the Department could consider, though the
Department does not at this time believe they are as feasible.
Nevertheless, the Department seeks comment on these and any other
alternatives that commenters may want to suggest.
Since the statute now applies to foreign air carriers, the
Department could simply rely on the efforts of our Aviation Enforcement
and Proceedings office to respond to complaints of discrimination by
passengers against foreign air carriers. While enforcement is an
important task of the Department under the ACAA, using enforcement
alone to implement the statute has disadvantages. The statute does not
provide to foreign air carriers detailed advance notice of what the
Department's expectations for compliance are, leading to considerable
uncertainty. This approach would also result in case-by-case
adjudications being the only way of determining what detailed
requirements were, which would serve passengers less well than an
articulated set of generally applicable standards. This approach would
also create a disparity between the way U.S. carriers and foreign
carriers would be expected to comply with the same underlying statutory
requirement, contrary to the apparent intent of Congress that all
carriers serving U.S. airports be treated similarly.
The Department could also wait for international action (e.g.,
through the International Air Transport Association (IATA) or via
bilateral or multilateral international agreements) to establish
standards for air travel throughout the world. However, IATA frequently
takes a long time to devise standards, and its standards are often
advisory rather than mandatory. In any case, it would probably be much
more difficult for the Department to enforce IATA materials than to
enforce a DOT regulation. The issue of different compliance
responsibilities for U.S. and foreign air carriers arises in this
context as well. International agreements also typically take a much
longer time to establish than a generally applicable rulemaking, and
may not deal with accessibility issues in a uniform way that is
transparent to passengers.
Because the rule will impose compliance requirements on U.S. and
foreign carriers, the Department has produced a regulatory evaluation
for this proposal, which we have placed into the docket. The evaluation
estimates that incremental compliance costs will be approximately $16-
21 million per year, plus an additional one-time cost of about $300,000
for web site accessibility. Twenty-year present value costs for
compliance are estimated to range between $166 and $205 million.
As foreign air carrier service becomes more accessible, there will
be obvious, though nonquantifiable, benefits to passengers with
disabilities and persons traveling with them. The analysis also
estimates that there will be tangible economic benefits to foreign air
carriers themselves, in terms of increased revenue from the additional
passengers that will be able to travel as barriers to travel are
reduced. The range of these benefits is estimated to be approximately
$326 to $615 million in 20-year present value terms, with the most
probable benefit being $443 million.
Given the scale of the projected economic benefits of the rule, and
the likelihood that foreign carriers do not face legal or regulatory
barriers preventing them from providing accommodations that would
produce these benefits, the question of why carriers have not
voluntarily adopted such accommodations may arise. That is, since
airlines presumably are no less interested than the next economic actor
in maximizing profits, why have they not recognized these potential
benefits and voluntarily taken the opportunity of increasing their
income and profits by providing accommodations to passengers with
disabilities, even in the absence of regulation?
The Department does not have information in its record concerning
the thought processes of airline managements on this question. One
possibility is that the notion that providing improved accommodations
to passengers with disabilities can be a
[[Page 64377]]
source of additional revenue--and not merely a source of additional
costs--has not occurred to airline managements. Alternatively, it might
also be possible that, because the population of people with
disabilities is perceived in some sectors to be much smaller than it
actually is, the business case for accessibility improvements is not
seriously examined. In either case, data would not have been collected
on which to base carrier decisions. Economically rational, profit-
maximizing behavior, flows--at least in theory--from accurate and
complete information about market factors. If an economic actor has not
looked for or seen the possibility of information about a given factor,
then ideal-typical behavior may not occur. In this event, a failure to
obtain data leads to a kind of market failure, which may be rectified
as airlines implement the accommodations called for in the proposed
rule.
The Department seeks information and comments on this matter, as
well as on the regulatory assessment's approach to, and the accuracy
of, its estimates of costs and benefits.
There are a number of other points of interest in the regulatory
assessment to which the Department would call attention. One is the
fact that much of the benefits analysis is based on Canadian data. The
analysis then extrapolates from these data to the situation of foreign
air carriers. As the regulatory assessment points out, this
extrapolation involves a good deal of uncertainty, since the situations
of other nations' air carriers and passenger populations may not
replicate Canadian data and trends. This uncertainty is the primary
reason for conducting the sensitivity analysis in Chapter 5 of the
assessment. Nevertheless, the Canadian data is the most complete the
Department has been able to find at this time. We seek comment and
additional data from carriers, international organizations, and other
sources that will augment the information available to the Department
for purposes of the final rule.
There are also some classes of potential beneficiaries besides
passengers with disabilities that the assessment mentions. These
include friends and relatives of passengers with disabilities and some
airline employees. The former would benefit by being able to travel
more readily with a passenger with a disability (indeed, a family
member of a disabled passenger might well forego the opportunity to
travel if his or her spouse or child could not readily travel because
of barriers that this proposed regulation tries to address). The latter
would benefit because lift boarding requirements of the rule would
reduce the chances of injury and time lost from work as the result of
having to hand-carry passengers with disabilities onto and off of
aircraft. The Department seeks comments on these and other potential
classes of beneficiaries as well as any additional data that would help
us more precisely analyze the effects of the proposed regulation on
beneficiaries.
The Department certifies that, if adopted, this proposed rule would
not have a significant economic effect on a substantial number of small
entities. The vast majority of passenger air traffic on international
routes to and from U.S. airports is carried on airlines that are not
small entities; the economic effects of the proposal on small carriers
that fly international routes into and out of the U.S. (e.g., commuter
carriers on routes from Mexico, Canada, or the Caribbean) are not
expected to be substantial. The proposed rule does not regulate state
and local governments, and therefore would not have any Federalism
impacts warranting a Federalism assessment. The proposed rule would not
create any new information collection requirements for which a
Paperwork Reduction Act submission to the Office of Management and
Budget would be needed.
There are a number of other statutes and Executive Orders that
apply to the rulemaking process that the Department considers in all
rulemakings. However, none of them are relevant to this NPRM. These
include the Unfunded Mandates Reform Act (which does not apply to
nondiscrimination/civil rights requirements), the National
Environmental Policy Act, E.O. 12630 (concerning property rights), E.O.
12988 (concerning civil justice reform), and E.O. 13045 (protection of
children from environmental risks).
Issued this 22nd day of October, 2004, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
List of Subjects in 14 CFR Part 382
Air carriers, Civil rights, Individuals with disabilities,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Department proposes
to amend 14 CFR Part 382 as follows:
1. Revise Part 382 to read as follows:
PART 382--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR
TRAVEL
Subpart A--General Provisions
Sec.
382.1 What is the purpose of this part?
382.3 What do the terms in this part mean?
382.5 To whom do the provisions of this part apply?
382.7 What may foreign carriers do if they believe a provision of a
foreign nation's law prohibits compliance with a provision of this
part?
382.9 When are foreign carriers required to begin complying with the
provisions of this part?
Subpart B--Nondiscrimination and Access to Services and Information
382.11 What is the general nondiscrimination requirement of this
part?
382.13 Do carriers have to modify policies, practices, and
facilities to ensure nondiscrimination?
382.15 Do carriers have to make sure that contractors comply with
the requirements of this part?
382.17 May carriers limit the number of passengers with a disability
on a flight?
382.19 May carriers refuse to provide transportation on the basis of
disability?
382.21 May carriers limit access to transportation on the basis that
a passenger has a communicable disease or other medical condition?
382.23 May carriers require a passenger with a disability to provide
a medical certificate?
382.25 May a carrier require a passenger with a disability to
provide advance notice that he or she is traveling on a flight?
382.27 May a carrier require a passenger with a disability to
provide advance notice in order to obtain certain specific services
in connection with a flight?
382.29 May a carrier require a passenger with a disability to travel
with a safety assistant?
382.31 May carriers impose special charges on passengers with a
disability for providing services and accommodations required by
this rule?
382.33 May carriers impose other restrictions on passengers with a
disability that they do not impose on other passengers?
382.35 May carriers require passengers with a disability to sign
waivers or releases?
Subpart C--Information for Passengers
382.41 What flight-related information must carriers provide to
qualified individuals with a disability?
382.43 Must information and reservation services of carriers be
accessible to individuals with hearing and vision impairments?
382.45 Must carriers make copies of this part available to
passengers?
Subpart D--Accessibility of Airport Facilities
382.51 What requirements must carriers meet concerning the
accessibility of airport facilities?
382.53 What accommodations are required in airports for individuals
with a vision
[[Page 64378]]
impairment and individuals who are deaf or hard-of-hearing?
382.55 May carriers impose security screening procedures for
passengers with disabilities that go beyond TSA requirements?
Subpart E--Accessibility of Aircraft
382.61 What are the requirements for movable aisle armrests?
382.63 What are the requirements for accessible lavatories?
382.65 What are the requirements concerning on-board wheelchairs?
382.67 What is the requirement for priority space in the cabin to
store passengers' wheelchairs?
382.69 [Reserved]
382.71 What other aircraft accessibility requirements apply to
carriers?
Subpart F--Seating Accommodations
382.81 For which passengers must carriers make seating
accommodations?
382.83 Through what mechanisms do carriers make seating
accommodations?
382.85 What seating accommodations must carriers make to passengers
in circumstances not covered by Sec. 382.81 (a) through (d)?
382.87 What other requirements pertain to seating for passengers
with a disability?
382.89 When do the requirements of this subpart begin applying to
foreign carriers?
Subpart G--Boarding, Deplaning, and Connecting Assistance
382.91 What assistance must carriers provide to passengers with a
disability in moving within the terminal?
382.93 Must carriers offer preboarding to passengers with a
disability?
382. 95 What are carriers' general obligations with respect to
boarding, deplaning, and connecting assistance?
382.97 To which aircraft does the requirement to provide boarding
and deplaning assistance through the use of lifts apply?
382.99 What agreements must carriers have with the airports they
serve?
382.101 What other boarding and deplaning assistance must carriers
provide?.
382.103 May a carrier leave a passenger unattended in a wheelchair
or other device?
Subpart H--Services on Aircraft
382.111 What services must carriers provide to passengers with a
disability on board the aircraft?
382.113 What services are carriers not required to provide to
passengers with a disability on board the aircraft?
382.115 What requirements apply to on-board safety briefings?
382.117 Must carriers permit passengers with a disability to travel
with service animals?
Subpart I--Stowage of Wheelchairs, Other Mobility Aids, and Other
Assistive Devices
382.121 What mobility aids and other assistive devices may
passengers with a disability bring into the aircraft cabin?
382.123 What are the requirements concerning priority cabin stowage
space for wheelchairs?
382.125 What procedures do carriers follow when wheelchairs, other
mobility aids, and other assistive devices must be stowed in the
cargo compartment?
382.127 What procedures apply to stowage of battery-powered
wheelchairs?
382.129 What other requirements apply when passengers' wheelchairs,
other mobility aids, and other assistive devices must be
disassembled for stowage?
382.131 Do baggage liability limits apply to mobility aids and other
assistive devices?
Subpart J--Training and Administrative Provisions
382.141 What training are carriers required to provide for their
personnel?
382.143 When must carriers complete training for their personnel?
382.145 What must carriers incorporate in their manuals?
Subpart K--Complaints and Enforcement Procedures
382.151 What are the requirements for providing Complaints
Resolution Officials?
382.153 What actions do CROs take on complaints?
382.155 How must carriers respond to written complaints?
382.157 What are carriers' obligations for recordkeeping and
reporting on disability-related complaints? [Reserved]
382.159 How are complaints filed with DOT?
Appendix A to Part 382--Guidance Concerning Service Animals
Appendix B to Part 382--Disability Complaint Reporting Form
[Reserved]
Authority: 49 U.S.C. 41702, 41310, 47105, and 41712.
Subpart A--General Provisions
Sec. 382.1 What is the purpose of this part?
The purpose of this part is to carry out the Air Carrier Access Act
of 1986, as amended. This rule prohibits both U.S. and foreign air
carriers from discriminating against passengers on the basis of
disability; requires carriers to make aircraft, other facilities, and
services accessible; and requires carriers to take steps to accommodate
passengers with a disability.
Sec. 382.3 What do the terms in this part mean?
In this part, the terms listed in this section have the following
meanings:
Air carrier or Carrier means a U.S. or foreign citizen that
undertakes, directly or indirectly, or by a lease or any other
arrangement, to engage in air transportation.
Air Carrier Access Act or ACAA means the Air Carrier Access Act of
1986, as amended, the statute that provides the principal authority for
this part.
Air transportation means interstate or foreign air transportation,
or the transportation of mail by aircraft, as defined in 49 U.S.C.
40102.
Assistive device means any piece of equipment that assists a
passenger with a disability to cope with the effects of his or her
disability. Such devices are intended to assist a passenger with a
disability to hear, see, communicate, maneuver, or perform other
functions of daily life, and may include medical devices and
medications.
Department or DOT means the United States Department of
Transportation.
Direct threat means a significant risk to the health or safety of
others that cannot be eliminated by a modification of policies,
practices, or procedures, or by the provision of auxiliary aids or
services.
FAA means the Federal Aviation Administration, an operating
administration of the Department.
Facility means a carrier's aircraft and any portion of an airport
that a carrier owns, leases, or controls (e.g., structures, roads,
walks, parking lots, ticketing areas, baggage drop-off and retrieval
sites, gates, other boarding locations, loading bridges) normally used
by passengers or other members of the public.
Indirect air carrier means a person not directly involved in the
operation of an aircraft who sells air transportation services to the
general public other than as an authorized agent of an air carrier.
Individual with a disability means any individual who has a
physical or mental impairment that, on a permanent or temporary basis,
substantially limits one or more major life activities, has a record of
such an impairment, or is regarded as having such an impairment. As
used in this definition, the phrase:
(a) Physical or mental impairment means:
(1) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological, musculoskeletal, special sense
organs, respiratory including speech organs, cardio-vascular,
reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and
endocrine; or
(2) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term physical or mental impairment
includes, but is not limited to, such diseases and conditions as
orthopedic, visual, speech, and hearing impairments; cerebral palsy,
epilepsy,
[[Page 64379]]
muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, drug addiction, and
alcoholism.
(b) Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(c) Has a record of such impairment means has a history of, or has
been classified, or misclassified, as having a mental or physical
impairment that substantially limits one or more major life activities.
(d) Is regarded as having an impairment means:
(1) Has a physical or mental impairment that does not substantially
limit major life activities but that is treated by an air carrier as
constituting such a limitation;
(2) Has a physical or mental impairment that substantially limits a
major life activity only as a result of the attitudes of others toward
such an impairment; or
(3) Has none of the impairments set forth in this definition but is
treated by an air carrier as having such an impairment.
Qualified individual with a disability means an individual with a
disability--
(a) Who, as a passenger (referred to as a ``passenger with a
disability''), (1) With respect to obtaining a ticket for air
transportation on an air carrier, offers, or makes a good faith attempt
to offer, to purchase or otherwise validly to obtain such a ticket;
(2) With respect to obtaining air transportation, or other services
or accommodations required by this part, (i) Buys or otherwise validly
obtains, or makes a good faith effort to obtain, a ticket for air
transportation on a carrier and presents himself or herself at the
airport for the purpose of traveling on the flight to which the ticket
pertains; and
(ii) Meets reasonable, nondiscriminatory contract of carriage
requirements applicable to all passengers; or
(b) Who, with respect to accompanying or meeting a traveler, using
ground transportation, using terminal facilities, or obtaining
information about schedules, fares, reservations, or policies, takes
those actions necessary to use facilities or services offered by an air
carrier to the general public, with reasonable accommodations, as
needed, provided by the carrier;
Scheduled air service means any flight scheduled in the current
edition of the Official Airline Guide, the carrier's published
schedule, or the computer reservation system used by the carrier.
TSA means the Transportation Security Administration, an agency of
the Department of Homeland Security.
United States or U.S. means the United States of America, including
its territories and possessions.
Sec. 382.5 To whom do the provisions of this part apply?
(a) If you are a U.S. air carrier, this part applies to you with
respect to all your operations and aircraft, regardless of where your
operations take place.
(b) Except as provided in paragraph (c) of this section, if you are
a foreign air carrier, this part applies to you only with respect to
flights that begin or end at a U.S. airport and to aircraft used for
these flights. For purposes of this part, a ``flight'' means a
continuous journey in the same aircraft or with one flight number that
begins or ends at a U.S. airport. The following are some examples of
the application of this term:
Example 1: A passenger books a nonstop flight from Paris to
Chicago. This is a ``flight'' for purposes of this part.
Example 2: A passenger books a journey on a foreign carrier from
Washington, DC, to Berlin. The foreign carrier flies nonstop to
Frankfurt. The passenger gets off the plane in Frankfurt and boards
a connecting flight, on the same or a different foreign carrier,
that goes to Berlin. The Washington-Frankfurt leg of the journey is
a ``flight'' for purposes of this part; the Frankfurt-Berlin leg is
not (unless it is a code-shared flight with a U.S. carrier; see
paragraph (c) of this section).
Example 3: A passenger books a journey on a foreign carrier from
New York to Cairo. The plane stops for refueling and a crew change
in London. The passengers reboard the aircraft (or a different
aircraft, assuming the flight number remains the same) and continue
to Cairo. Both legs are parts of a covered ``flight'' for purposes
of this part, with respect to passengers who board the flight in New
York.
Example 4: In Example 3, the carrier is not required to provide
services under this part to a passenger who boards the aircraft in
London and goes to Cairo. Likewise, on the return trip, the foreign
carrier is not required to provide services under this part to a
passenger who boards the aircraft in Cairo and whose journey ends in
London.
Example 5: If you are a foreign carrier that actually operates a
flight that is also listed as a flight of a U.S. carrier through a
code-sharing arrangement, the provisions of this part covering U.S.
carriers apply to the flight.
(c) Notwithstanding any other provision of this section, if you are
a foreign carrier that uses a particular aircraft in flights only
between foreign airports, and you do not use the aircraft for any
flights that begin or end at a U.S. airport, you are not required to
comply with the aircraft accessibility requirements of Subpart E of
this part with respect to that aircraft. However, you must comply with
the service-related requirements of this part for any flight that is
covered by this part (e.g., a code-shared flight).
(d) Unless a provision of this part specifies application to a U.S.
carrier or a foreign carrier, the provision applies to both U.S. and
foreign carriers.
(e) If you are an indirect air carrier, Sec. Sec. 382.17 through
382.157 of this part do not apply to you.
(f) Notwithstanding any provisions of this part, you must comply
with all FAA safety regulations and TSA security regulations that apply
to you.
Sec. 382.7 What may foreign carriers do if they believe a provision
of a foreign nation's law prohibits compliance with a provision of this
part?
(a) If you are a foreign carrier, and you believe that an
applicable provision of the law of a foreign nation precludes you from
complying with a provision of this part, you may request a waiver of
the provision of this part.
(b) You must send such a waiver request to the following address:
Assistant General Counsel for Aviation Enforcement and Proceedings,
U.S. Department of Transportation, 400 7th Street, SW., Room 4116,
Washington, DC 20590.
(c) Your waiver request must include the following elements:
(1) A copy, in the English language, of the foreign law involved;
(2) A description of how the foreign law applies and how it
precludes compliance with a provision of this part;
(3) A description of the alternative means the carrier will use, if
the waiver is granted, to effectively achieve the objective of the
provision of this part subject to the waiver or, if applicable, a
justification of why it would be impossible to achieve this objective
in any way.
(d) The Assistant General Counsel for Aviation Enforcement and
Proceedings may grant the waiver request if he or she determines that
the foreign law applies, that it does preclude compliance with a
provision of this part, and that the carrier has provided an effective
alternative means of achieving the objective of the provision of this
part subject to the waiver or clear and convincing evidence that it
would be impossible to achieve this objective in any way.
(e) Until and unless the Assistant General Counsel for Aviation
Enforcement and Proceedings grants a waiver request, the carrier
requesting the waiver remains subject to the provision of this part for
which the waiver is sought.
[[Page 64380]]
Sec. 382.9 When are foreign air carriers required to begin complying
with the provisions of this rule?
As a foreign air carrier, you are required to comply with the
requirements of this part beginning [effective date of this part],
except as otherwise provided in individual sections of this part.
Subpart B--Nondiscrimination and Access to Services and Information
Sec. 382.11 What is the general nondiscrimination requirement of this
part?
(a) As a carrier, you must not do any of the following things,
either directly or through a contractual, licensing, or other
arrangement:
(1) You must not discriminate against any qualified individual with
a disability, by reason of such disability, in the provision of air
transportation;
(2) You must not require a qualified individual with a disability
to accept special services (including, but not limited to, preboarding)
that the individual does not request. However, you may require
preboarding as a condition of receiving certain seating or in-cabin
stowage accommodations, as specified in Sec. Sec. 382.83(b),
382.85(b), and 382.123(b).
(3) You must not exclude a qualified individual with a disability
from or deny the person the benefit of any air transportation or
related services that are available to other persons. This is true even
if there are separate or different services available for individuals
with a disability, except when specifically permitted by another
section of this part; and
(4) You must not take any action against an individual (e.g.,
refusing to provide transportation) because the individual asserts, on
his or her own behalf or through or on behalf of others, rights
protected by this part or the Air Carrier Access Act.
(b) If, as an indirect air carrier, you provide facilities or
services for passengers that are covered for other carriers by sections
Sec. Sec. 382.17-382.157, you must do so in a manner consistent with
those sections.
Sec. 382.13 Do carriers have to modify policies, practices, and
facilities to ensure nondiscrimination?
(a) As a carrier, you must modify your policies and practices as
needed to ensure nondiscrimination, consistent with the standards of
section 504 of the Rehabilitation Act, as amended.
(b) As a carrier, you must modify your facilities as needed to
ensure nondiscrimination, consistent with the standards of the
Americans with Disabilities Act Accessibility Guidelines (ADAAGs), as
adopted by the Department of Transportation in 49 CFR part 37, appendix
A.
(b) This requirement is part of your general nondiscrimination
obligation, and is in addition to your duty to make the specific
accommodations required by this part.
(c) However, you are not required to make modifications that would
constitute an undue burden or would fundamentally alter your program.
Sec. 382.15 Do carriers have to make sure that contractors comply
with the requirements of this part?
(a) As a carrier, you must make sure that your contractors who
provide services to the public (including airports where applicable)
meet the requirements of this part that would apply to you if you
provided the services yourself.
(b) As a carrier, you must include an assurance of compliance with
this part in your contracts with any contractors who provide to the
public services that are subject to the requirements of this part.
Noncompliance with this assurance is a material breach of the contract
on the contractor's part.
(1) This assurance must commit the contractor to compliance with
all applicable provisions of this part in activities performed on
behalf of the carrier.
(2) The assurance must also commit the contractor to implementing
directives issued by your Complaints Resolution Officials (CROs) under
Sec. Sec. 382.151 through 382.153.
(c) As a U.S. carrier, you must also include such an assurance of
compliance in your contracts or agreements of appointment with U.S.
travel agents. You are not required to include such an assurance in
contracts with foreign travel agents.
(d) You remain responsible for your contractors' compliance with
this part and with the assurances in your contracts with them.
(e) It is not a defense to an enforcement action by the Department
under this part that your noncompliance resulted from action or
inaction by a contractor.
Sec. 382.17 May carriers limit the number of passengers with a
disability on a flight?
As a carrier, you must not limit the number of passengers with a
disability who travel on a flight. (See also Sec. 382.27(b)(7).)
Sec. 382.19 May carriers refuse to provide transportation on the
basis of disability?
(a) As a carrier, you must not refuse to provide transportation to
a passenger with a disability on the basis of his or her disability,
except as specifically permitted by this part.
(b) You must not refuse to provide transportation to a passenger
with a disability because the person's disability results in appearance
or involuntary behavior that may offend, annoy, or inconvenience
crewmembers or other passengers.
(c) You may refuse to provide transportation to any passenger on
the basis of safety, as provided in 49 U.S.C. 44902 or 14 CFR 121.533,
or to any passenger whose carriage would violate FAA or TSA
requirements.
(1) You can determine that there is a disability-related safety
basis for refusing to provide transportation to a passenger with a
disability if you are able to demonstrate that the passenger poses a
direct threat (see definition in Sec. 382.3). In determining whether
an individual poses a direct threat, you must make an individualized
assessment, based on reasonable judgment that relies on current medical
knowledge or on the best available objective evidence, to ascertain:
(i) The nature, duration, and severity of the risk;
(ii) The probability that the potential harm to the health and
safety of others will actually occur; and
(iii) Whether reasonable modifications of policies, practices, or
procedures will mitigate the risk.
(2) If you determine that the passenger does pose a direct threat,
you must select the least restrictive response from the point of view
of the passenger, consistent with protecting the health and safety of
others. For example, you must not refuse transportation to the
passenger if you can protect the health and safety of others by means
short of a refusal.
(3) In exercising this authority, you must not act inconsistently
with the provisions of this part.
(4) If your actions are inconsistent with any of the provisions of
this part, you are subject to enforcement action under Subpart K of
this part.
(d) If you refuse to provide transportation to a passenger on his
or her originally-scheduled flight on a basis relating to the
individual's disability, you must provide to the person a written
statement of the reason for the refusal. This statement must include
the specific basis for the carrier's opinion that the refusal meets the
standards of paragraph (c) of this section or is otherwise specifically
permitted by this part. You must provide this written statement to the
person within 10 calendar days of the refusal of transportation.
[[Page 64381]]
Sec. 382.21 May carriers limit access to transportation on the basis
that a passenger has a communicable disease or other medical condition?
(a) You must not do any of the following things on the basis that a
passenger has a communicable disease or infection, unless you determine
that the passenger's condition poses a direct threat:
(1) Refuse to provide transportation to the passenger;
(2) Delay the passenger's transportation (e.g., require the
passenger to take a later flight);
(3) Impose on the passenger any condition, restriction, or
requirement not imposed on other passengers; or
(4) Require the passenger to provide a medical certificate.
(b) In assessing whether the passenger's condition poses a direct
threat and determining the least restrictive means of dealing with such
a threat, you must apply the provisions of Sec. 382.19(c)(1) through
(2). For example, suppose a passenger with a communicable disease gives
you a medical certificate of the kind described in Sec. 382.23(c)(2)
that describes measures for preventing transmission of the disease
during the normal course of the flight. You must provide transportation
to the passenger, unless you are unable to carry out the measures.
(c) If your action under this section results in the postponement
of a passenger's travel, you must permit the passenger to travel at a
later time (up to 90 days from the date of the postponed travel) at the
fare that would have applied to the passenger's originally scheduled
trip without penalty or, at the passenger's discretion, provide a
refund for any unused flights, including return flights.
(d) If you take any action under this section that restricts a
passenger's travel, you must, on the passenger's request, provide a
written explanation within 10 days of the request.
Sec. 382.23 May carriers require a passenger with a disability to
provide a medical certificate?
(a) Except as provided in this section, you must not require a
passenger with a disability to have a medical certificate as a
condition for being provided transportation.
(b)(1) You may require a medical certificate for a passenger with a
disability--
(i) Who is traveling in a stretcher or incubator;
(ii) Who needs medical oxygen during a flight; or
(iii) Whose medical condition is such that there is reasonable
doubt that the individual can complete the flight safely, without
requiring extraordinary medical assistance during the flight.
(2) For purposes of this paragraph, a medical certificate is a
written statement from the passenger's physician saying that the
passenger is capable of completing the flight safely, without requiring
extraordinary medical assistance during the flight.
(c)(1) You may also require a medical certificate for a passenger
if he or she has a communicable disease or condition that poses a
direct threat to the health or safety of others.
(2) For purposes of this paragraph, a medical certificate is a
written statement from the passenger's physician saying that the
disease or infection would not, under the present conditions in the
particular passenger's case, be communicable to other persons during
the normal course of a flight. The medical certificate must state any
conditions or precautions that would have to be observed to prevent the
transmission of the disease or infection to other persons in the normal
course of a flight. It must be dated within ten days of the date of the
flight for which it is presented.
Sec. 382.25 May a carrier require a passenger with a disability to
provide advance notice that he or she is traveling on a flight?
As a carrier, you must not require a passenger with a disability to
provide advance notice of the fact that he or she is traveling on a
flight.
Sec. 382.27 May a carrier require a passenger with a disability to
provide advance notice in order to obtain certain specific services in
connection with a flight?
(a) Except as provided in paragraph (b) of this section, as a
carrier you must not require a passenger with a disability to provide
advance notice in order to obtain services or accommodations required
by this part.
(b) You may require a passenger with a disability to provide up to
48 hours' advance notice and one-hour advance check-in to receive the
following services and accommodations. The services listed in
paragraphs (b)(1) through (4) of this paragraph are optional; you are
not required to provide them, but you may choose to do so.
(1) Medical oxygen for use on board the aircraft;
(2) Carriage of an incubator;
(3) Hook-up for a respirator to the aircraft electrical power
supply;
(4) Accommodation for a passenger who must travel in a stretcher;
(5) Transportation for an electric wheelchair on a flight scheduled
to be made with an aircraft with fewer than 60 seats;
(6) Provision by the carrier of hazardous materials packaging for a
battery for a wheelchair or other assistive device;
(7) Accommodation for a group of ten or more qualified individuals
with a disability, who make reservations and travel as a group; and
(8) Provision of an on-board wheelchair on an aircraft with more
than 50 seats that does not have an accessible lavatory.
(c) If the passenger with a disability provides the advance notice
you require, consistent this section, for a service that you must
provide (see paragraphs (b)(5) through (8) of this section) or choose
to provide (see paragraphs (b)(1) through (4) of this section), you
must provide the requested service or accommodation.
(d) Your reservation and other administrative systems must ensure
that when passengers provide the advance notice that you require,
consistent with this section, for services and accommodations, the
notice is communicated, clearly and on time, to the people responsible
for providing the requested service or accommodation.
(e) If a passenger with a disability provides the advance notice
you require, consistent with this section, and the passenger is forced
to change to another flight (e.g., because of a flight cancellation),
you must, to the maximum extent feasible, provide the accommodation on
the new flight. If the new flight is another carrier's flight, you must
provide the maximum feasible assistance to the other carrier in
providing the accommodation the passenger requested from you.
(f) If a passenger does not meet advance notice or check-in
requirements you establish consistent with this section, you must still
provide the service or accommodation if you can do so by making
reasonable efforts, without delaying the flight.
Sec. 382.29 May a carrier require a passenger with a disability to
travel with a safety assistant?
(a) Except as provided in paragraph (b) of this section, you must
not require that a passenger with a disability travel with another
person as a condition of being provided air transportation.
(b) You may require a passenger with a disability in one of the
following categories to travel with a safety assistant as a condition
of being provided air transportation, if you determine that a safety
assistant is essential for safety:
[[Page 64382]]
(1) A passenger traveling in a stretcher or incubator. The safety
assistant for such a person must be capable of attending to the
passenger's in-flight medical needs;
(2) A passenger who, because of a mental disability, is unable to
comprehend or respond appropriately to safety instructions from carrier
personnel, including the safety briefing required by 14 CFR
121.571(a)(3) and (a)(4) or 14 CFR 135.117(b) or ICAO Standards and
Recommended Practices, as applicable;
(3) A passenger with a mobility impairment so severe that the
person is unable to assist in his or her own evacuation of the
aircraft;
(4) A passenger who has both severe hearing and severe vision
impairments, if the person cannot establish some means of communication
with carrier personnel, adequate to permit transmission of the safety
briefing required by 14 CFR 121.571(a)(3) and (a)(4), 14 CFR
135.117(b), or ICAO Standards and Recommended Practices, as applicable.
(c) If you determine that a person meeting the criteria of
paragraph (b)(2), (b)(3) or (b)(4) of this section must travel with a
safety assistant, contrary to the individual's self-assessment that he
or she is capable of traveling independently, you must not charge for
the transportation of the safety assistant. However, if a passenger
voluntarily chooses to travel with a personal care attendant or a
safety assistant that you do not require, you may charge for the
transportation of that person.
(d) If, because there is not a seat available on a flight for a
safety assistant whom the carrier has determined to be necessary, a
passenger with a disability holding a confirmed reservation is unable
to travel on the flight, the passenger is eligible for denied boarding
compensation under 14 CFR Part 250, if Part 250 applies to the flight.
(e) For purposes of determining whether a seat is available for a
safety assistant, you must deem the safety assistant to have checked in
at the same time as the passenger with a disability.
(f) Concern that a passenger with a disability may need personal
care services (e.g., assistance in using lavatory facilities or with
eating) is not a basis for requiring the passenger to travel with a
safety assistant. You must explain this clearly in training or
information you provide to your employees.
Sec. 382.31 May carriers impose special charges on passengers with a
disability for providing services and accommodations required by this
rule?
(a) As a carrier, you must not impose charges for providing
facilities, equipment, or services that this rule requires to be
provided to passengers with a disability. You may charge for services
that this part does not require (e.g., oxygen).
(b) You may charge a passenger for the use of more than one seat if
the passenger's size or condition (e.g., use of a stretcher) causes him
or her to occupy the space of more than one seat. This is not
considered a special charge under this section.
Sec. 382.33 May carriers impose other restrictions on passengers with
a disability that they do not impose on other passengers?
(a) As a carrier, you must not subject passengers with a disability
to restrictions that do not apply to other passengers, except as
otherwise permitted in this part (e.g., advance notice requirements for
certain services permitted by Sec. 382.27).
(b) Restrictions you must not impose on passengers with a
disability include, but are not limited to, the following:
(1) Restricting passengers' movement within the terminal;
(2) Requiring passengers to remain in a holding area or other
location in order to receive transportation, services, or
accommodations;
(3) Making passengers sit on blankets on the aircraft;
(4) Making passengers wear badges or other special identification
(e.g., similar to badges worn by unaccompanied minors);
(5) Requiring ambulatory passengers, including but not limited to
blind or visually impaired passengers, to use a wheelchair in order to
receive assistance required by this part (e.g., by Sec. 382.91) or
otherwise offered to the passenger; or
(6) Otherwise mandating separate treatment for passengers with a
disability, unless permitted or required by this part or other
applicable Federal requirements.
Sec. 382.35 May carriers require passengers with a disability to sign
waivers or releases?
(a) As a carrier, you must not require passengers with a disability
to sign a release or waiver of liability in order to receive
transportation or to receive services or accommodations for a
disability.
(b) You must not require passengers with a disability to sign
waivers of liability for damage to or loss of wheelchairs or other
assistive devices.
Subpart C--Information for Passengers
Sec. 382.41 What flight-related information must carriers provide to
qualified individuals with a disability?
As a carrier, you must provide the following information, on
request, to qualified individuals with a disability or persons making
inquiries on their behalf. The information you provide must be specific
to the type of aircraft and, where feasible, the specific aircraft you
expect to use for a flight:
(a) The specific location of seats, if any, with movable armrests
(i.e., by row and seat number);
(b) The specific location of seats (i.e., by row and seat number)
that the carrier, consistent with this part, does not make available to
passengers with a disability (e.g., exit row seats);
(c) Any limitations on the ability of the aircraft to accommodate
passengers with a disability, including limitations on the availability
of boarding assistance to the aircraft at any airport involved with the
flight. You must provide this information to any passenger who states
that he or she uses a wheelchair for boarding, even if the passenger
does not explicitly request the information.
(d) Any limitations on the availability of storage facilities, in
the cabin or in the cargo bay, for mobility aids or other assistive
devices commonly used by passengers with a disability, including
storage in the cabin of a passenger's wheelchair as provided in
Sec. Sec. 382.67 and 382.123; and
(e) Whether the aircraft has an accessible lavatory.
Sec. 382.43 Must information and reservation services of carriers be
accessible to individuals with hearing and vision impairments?
(a) If, as a carrier, you provide telephone reservation or
information service to the public, you must make this service available
to individuals who are deaf or hard-of-hearing through use of a text
telephone (TTY).
(1) You must make TTY service available during the same hours as
telephone service for the general public.
(2) Your response time to TTY calls must be equivalent to your
response time for your telephone service to the general public.
(3) If you are a foreign carrier, you must meet this requirement by
[date one year from the effective date of this part].
(b) If you provide information or reservation services to the
public through an internet web site (including a web site maintained by
a contractor or agent for you or for you and other air
[[Page 64383]]
carriers), you must ensure that the web site is accessible to and
usable by individuals with vision impairments and other disabilities.
(1) In making web sites accessible, you must use as your standards
the provisions of 36 CFR Part 1194.
(2) New Web sites placed on line after [effective date of this
part] must meet these accessibility standards from the time they are
placed on line.
(3) Web sites that were placed on line before [effective date of
this part] must meet these accessibility standards by [date two years
from the effective date of this part].
(c) If, as a carrier, you provide written (i.e., hard copy)
information to the public, you must ensure that this information is
able to be communicated effectively, on request, to persons with vision
impairments. You must provide this information in the same languages(s)
in which it is available to the general public.
(d) If you are a U.S. carrier, the requirements of this section
apply with respect to all your information and reservation services. If
you are a foreign air carrier, the requirements of this section apply
only with respect to your information and reservations services
concerning flights covered by Sec. 382.5.
Sec. 382.45 Must carriers make copies of this part available to
passengers?
As a carrier, you must keep a current copy of this part at each
airport you serve. As a foreign carrier, this means that you must keep
the copy at any airport serving a flight that begins or ends at a U.S.
airport. You must make the copy available for review by any member of
the public on request.
Subpart D--Accessibility of Airport Facilities
Sec. 382.51 What requirements must carriers meet concerning the
accessibility of airport facilities?
(a) As a carrier, you must comply with the following requirements
with respect to all terminal facilities you own, lease, or control at a
U.S. airport:
(1) You must ensure that terminal facilities are readily accessible
to and usable by individuals with disabilities, including individuals
who use wheelchairs. You are deemed to comply with this obligation if
the facilities meet requirements applying to places of public
accommodation under Department of Justice (DOJ) regulations
implementing Title III of the Americans with Disabilities Act (ADA).
(2) With respect to any situation in which boarding and deplaning
by level-entry loading bridges or accessible passenger lounges to and
from an aircraft is not available, you must ensure that there is an
accessible route between the gate and the area from which aircraft are
boarded (e.g., the tarmac in a situation in which level-entry boarding
is not available). An accessible route is one meeting the requirements
of the Americans with Disabilities Act Accessibility Guidelines
(ADAAG), sections 4.3.3-4.3.10.
(3) You must ensure that systems of intra- and inter-terminal
transportation, including, but not limited to, moving sidewalks,
shuttle vehicles and people movers, comply with applicable requirements
of the Department of Transportation's ADA rules (49 CFR Parts 37 and
38).
(4) Your contracts or leases with airport operators concerning the
use of airport facilities must set forth your airport accessibility
responsibility under this part and that of the airport operator under
applicable section 504 and ADA rules of the Department of
Transportation and Department of Justice.
(b) As a carrier, you must ensure that passengers with a disability
can readily use all terminal facilities you own, lease, or control at a
foreign airport. In the case of foreign carriers, this requirement
applies only to terminal facilities that serve flights that begin or
end in the U.S.
(1) This means that passengers with a disability must be able to
move readily through such terminal facilities to get to or from the
gate and any other area from which passengers board the aircraft you
use for such flights (e.g., the tarmac in the case of flights that do
not use level-entry boarding). This obligation is in addition to your
obligation to provide boarding assistance to passengers.
(2) You may meet this obligation through any combination of
facility accessibility, auxiliary aids, equipment, the assistance of
personnel, or other appropriate means consistent with the safety and
dignity of passengers with a disability.
(c) As a foreign air carrier, you must meet the requirements of
this section by [date one year from the effective date of this part].
As a U.S. carrier, you must meet the requirements of paragraph (b) of
this section by [date one year from the effective date of this part].
Sec. 382.53 What accommodations are required at airports for
individuals with a vision impairment or individuals who are deaf or
hard-of-hearing?
(a ) As a carrier, you must ensure that individuals with impaired
vision and deaf and hard-of-hearing individuals have access to the
information you provide to the general public at airports. To the
extent that this information is not available to these individuals
through signage and verbal public address announcements, your personnel
must promptly provide the information to such individuals on their
request, in languages in which the information is provided to the
general public.
(1)(i) As a U.S. carrier, you must make this information available
at each gate, baggage claim area, ticketing area, or other terminal
facility that you own, lease, or control at any U.S. or foreign
airport.
(ii) As a foreign carrier, you must make this information available
at each gate, baggage claim area, ticketing area, or other terminal
facility that you own, lease, or control at any U.S. airport. At
foreign airports, you must make this information available only at
terminal facilities that serve flights that begin or end in the U.S.
(2) The types of information you must make available include, but
are not limited to, information concerning ticketing, flight delays,
schedule changes, changes to the aircraft being used for a flight,
connections, flight check-in, gate assignments and changes, and the
checking and claiming of luggage.
(b) As a foreign air carrier at a U.S. airport, or a U.S. or
foreign air carrier at a foreign airport, you must meet the
requirements of this section by [date one year from effective date of
this rule].
Sec. 382.55 May carriers impose security screening procedures for
passengers with disabilities that go beyond TSA requirements?
(a) All passengers, including those with disabilities, are subject
to TSA security screening requirements at U.S. airports. In addition,
passengers at foreign airports, including those with disabilities, may
be subject to security screening measures required by law of the
country in which the airport is located.
(b) If, as an air carrier, you impose security screening procedures
for passengers with disabilities that go beyond those mandated by TSA
(or, at a foreign airport, by legal requirements of the country in
which the airport is located), you must ensure that they meet the
following requirements:
(1) You must apply security screening procedures to passengers with
disabilities in the same manner as to other passengers.
(2) You must not subject a passenger with a disability to special
screening procedures because the person is traveling with a mobility
aid or other assistive device if the person using the
[[Page 64384]]
aid or device clears the security system without activating it.
(i) However, your security personnel may examine a mobility aid or
assistive device which, in their judgment, may conceal a weapon or
other prohibited item.
(ii) You may conduct security searches of qualified individuals
with a disability whose aids activate the security system in the same
manner as for other passengers.
(3) You must not require private security screenings of passengers
with a disability to a greater extent, or for any different reason,
than for other passengers.
(c) Except as provided in paragraph (c) of this section, if a
passenger with a disability requests a private screening in a timely
manner, you must provide it in time for the passenger to enplane.
(d) If you use technology that can conduct an appropriate screening
of a passenger with a disability without necessitating a physical
search of the person, you are not required to provide a private
screening.
Subpart E--Accessibility of Aircraft
Sec. 382.61 What are the requirements for movable aisle armrests?
(a) As a carrier, you must ensure that aircraft with 30 or more
passenger seats on which passenger aisle seats have armrests are
equipped with movable aisle armrests on at least one-half of the aisle
seats in which passengers with mobility impairments are permitted to
sit under FAA safety rules.
(b) You are not required to provide movable armrests on aisle seats
which a passenger with a mobility impairment is precluded from using by
an FAA safety rule.
(c) You must ensure that these movable aisle armrests are provided
proportionately in all classes of service in the cabin. For example, if
80 percent of the aisle seats in which passengers with mobility
impairments may sit are in coach, and 20 percent are in first class,
then 80 percent of the movable aisle armrests must be in coach, with 20
percent in first class.
(d) For aircraft equipped with movable aisle armrests, you must
configure cabins, or establish administrative systems, to ensure that
individuals with mobility impairments or other passengers with a
disability can readily identify and obtain seating in rows with movable
aisle armrests. You must provide this information by specific seat and
row number.
(e) You are not required to retrofit cabin interiors of existing
aircraft to comply with the requirements of this section. However, if
you replace an aircraft's seats with newly manufactured seats, you must
provide movable aisle armrests as required by this section.
(f) As a foreign carrier, you must comply with the requirements of
paragraphs (a) through (d) of this section with respect to new aircraft
you operate that were initially ordered after [effective date of this
part] or which are delivered to you after [date two years from the
effective date of this part]. As a U.S. carrier, this requirement
applies to you with respect to new aircraft you operate that are
initially ordered after April 5, 1990, or which are delivered to you
after April 5, 1992.
(g) As a U.S. carrier, you must comply with paragraph (c) of this
section with respect to new aircraft that are ordered after [effective
date of this part] or that are delivered after [date two years from the
effective date of this part].
(h) As a foreign carrier, you must comply with the requirements of
paragraph (e) of this section with respect to seats ordered on or after
[effective date of this part].
Sec. 382.63 What are the requirements for accessible lavatories?
(a) As a carrier, you must ensure that aircraft with more than one
aisle in which lavatories are provided shall include at least one
accessible lavatory.
(1) The accessible lavatory must permit a qualified individual with
a disability to enter, maneuver within as necessary to use all lavatory
facilities, and leave, by means of the aircraft's on-board wheelchair.
(2) The accessible lavatory must afford privacy to persons using
the on-board wheelchair equivalent to that afforded ambulatory users.
(3) The lavatory shall provide door locks, accessible call buttons,
grab bars, faucets and other controls, and dispensers usable by
qualified individuals with a disability, including wheelchair users and
persons with manual impairments.
(b) With respect to aircraft with only one aisle in which
lavatories are provided, you may, but are not required to, provide an
accessible lavatory.
(c) You are not required to retrofit cabin interiors of existing
aircraft to comply with the requirements of this section. However, if
you replace a lavatory on an aircraft with more than one aisle, you
must replace it with an accessible lavatory. If you replace a component
of an inaccessible lavatory (e.g., the sink) on an aircraft with more
than one aisle, you must replace it with an accessible component.
(d ) As a foreign carrier, you must comply with the requirements of
paragraph (a) of this section with respect to new aircraft you operate
that were initially ordered after [effective date of this part] or
which are delivered to you after [date two years from the effective
date of this part]. As a U.S. carrier, this requirement applies to you
with respect to new aircraft you operate that were initially ordered
after April 5, 1990, or which are delivered to you on or after April 5,
1992.
(e) As a foreign carrier, you must comply with the requirements of
paragraph (c) of this section beginning [effective date of this part].
Sec. 382.65 What are the requirements concerning on-board
wheelchairs?
(a) As a carrier, you must equip aircraft that have 50 or more
passenger seats, and that have an accessible lavatory (whether or not
having such a lavatory is required by Sec. 382.63) with an on-board
wheelchair.
(b) If a passenger asks you to provide an on-board wheelchair on a
particular flight, you must provide it if the aircraft being used for
the flight has 50 or more passenger seats, even if the aircraft does
not have an accessible lavatory.
(1) The basis of the passenger's request must be that he or she can
use an inaccessible lavatory but cannot reach it from a seat without
using an on-board wheelchair.
(2) You may require the passenger to provide the advance notice
specified in Sec. 382.27 to receive this service.
(c) You must ensure that on-board wheelchairs meet the following
standards:
(1) On-board wheelchairs must include footrests, armrests which are
movable or removable, adequate occupant restraint systems, a backrest
height that permits assistance to passengers in transferring,
structurally sound handles for maneuvering the occupied chair, and
wheel locks or another adequate means to prevent chair movement during
transfer or turbulence.
(2) The chair must be designed to be compatible with the
maneuvering space, aisle width, and seat height of the aircraft on
which it is to be used, and to be easily pushed, pulled, and turned in
the cabin environment by carrier personnel.
(d) As a foreign carrier, you must meet this requirement as of
[date two years from the effective date of this part]. As a U.S.
carrier, you must meet this requirement by [date two years from the
effective date of this part] with respect to aircraft with 50-60
passenger seats.
[[Page 64385]]
Sec. 382.67 What is the requirement for priority space in the cabin
to store passengers' wheelchairs?
(a) As a carrier, you must designate, in each aircraft with 100 or
more passenger seats, a priority space in the cabin of sufficient size
to stow at least one folding, collapsible, or break-down passenger
wheelchair the dimensions of which are within a space of 13 inches by
36 inches by 42 inches without having to remove the wheels or otherwise
disassemble it. If a wheelchair exceeds this space while fully
assembled but will fit if wheels or other components can be removed
without the use of tools, you must remove the applicable components and
stow the wheelchair in the designated space. In this case, stow the
removed components in areas provided for stowage of carry-on luggage.
(b) As a foreign carrier, you must meet the requirement of
paragraph (a) of this section by [date two years from the effective
date of this part]. As a U.S. carrier, this requirement applies to you
with respect to new aircraft you operate that were initially ordered
after April 5, 1990, or which are delivered to you on or after April 5,
1992.
Sec. 382.69 [Reserved]
Sec. 382.71 What other aircraft accessibility requirements apply to
carriers?
(a) As a carrier, you must maintain all aircraft accessibility
features in proper working order.
(b) You must ensure that any replacement or refurbishing of the
aircraft cabin or its elements does not reduce accessibility to a level
below that specified in this part.
Subpart F--Seating Accommodations
Sec. 382.81 For which passengers must carriers make seating
accommodations?
As a carrier, you must provide the following seating accommodations
to the following passengers on request, if the passenger self-
identifies to you as having a disability specified in this section:
(a) For a passenger who uses an aisle chair to access the aircraft
and who cannot readily transfer over a fixed aisle armrest, you must
provide a seat in a row with a movable aisle armrest, if the aircraft
is required to be equipped with such armrests. You must ensure that
your personnel are trained in the location and proper use of movable
aisle armrests, including appropriate transfer techniques.
(b) You must provide an adjoining seat for a person assisting a
passenger with a disability in the following circumstances:
(1) When a passenger with a disability is traveling with a personal
care attendant who will be performing a function for the individual
during the flight that airline personnel are not required to perform
(e.g., assistance with eating);
(2) When a passenger with a vision impairment is traveling with a
reader/assistant who will be performing functions for the individual
during the flight;
(3) When a passenger with a hearing impairment is traveling with an
interpreter who will be performing functions for the individual during
the flight; or
(4) When you require a passenger to travel with a safety assistant
(see Sec. 382.29).
(c) For a passenger with a disability traveling with a service
animal, you must provide, as the passenger requests, either a bulkhead
seat or a seat other than a bulkhead seat.
(d) For a passenger with a fused or immobilized leg, you must
provide a bulkhead seat or other seat that provides greater legroom
than other seats, on the side of an aisle that better accommodates the
individual's disability.
Sec. 382.83 Through what mechanisms do carriers make seating
accommodations?
(a) If you are a carrier that provides advance seat assignments to
passengers (i.e., offers seat assignments to passengers before the day
of the flight), you must comply with the requirements of Sec. 382.81
by any of the following methods:
(1) You may ``block'' an adequate number of the seats used to
provide the seating accommodations required by Sec. 382.81.
(i) You must not assign these seats to passengers who do not meet
the criteria of Sec. 382.81 until 24 hours before the scheduled
departure of the flight.
(ii) At any time up until 24 hours before the scheduled departure
of the flight, you must assign a seat meeting the requirements of this
section to a passenger with a disability meeting one or more of the
requirements of Sec. 382.81 who requests it, at the time the passenger
initially makes the request.
(iii) If a passenger with a disability specified in Sec. 382.81
does not make a request at least 24 hours before the scheduled
departure of the flight, you must meet the passenger's request to the
extent practicable, but you are not required to reassign a seat
assigned to another passenger in order to do so.
(2) You may designate an adequate number of the seats used to
provide seating accommodations required by Sec. 382.81 as ``priority
seats'' for passengers with a disability.
(i) You must provide notice that all passengers assigned these
seats (other than passengers with a disability listed in Sec. 382.81)
are subject to being reassigned to another seat if necessary to provide
a seating accommodation required by this section.
(ii) You may provide this notice through your computer reservation
system, verbal information provided by reservation personnel, ticket
notices, gate announcements, counter signs, seat cards or notices,
frequent-flier literature, or other appropriate means.
(iii) You must assign a seat meeting the requirements of this
section to a passenger with a disability listed in Sec. 382.81 who
requests the accommodation at the time the passenger makes the request.
You may require such a passenger to check in at least one hour before
the scheduled departure of the flight. If all designated priority seats
that would accommodate the passenger have been assigned to other
passengers, you must reassign the seats of the other passengers as
needed to provide the requested accommodation.
(iv) If a passenger with a disability listed in Sec. 382.81 does
not check in at least an hour before the scheduled departure of the
flight, you must meet the individual's request to the extent
practicable, but you are not required to reassign a seat assigned to
another passenger in order to do so.
(b) If you assign seats to passengers, but not until the date of
the flight, you must use the ``priority seating'' approach of paragraph
(a)(2) of this section.
(c) If you do not assign seats to passengers , you must allow
passengers specified in Sec. 382.81 to board the aircraft before other
passengers, including other ``preboarded'' passengers, so that the
passengers needing seating accommodations can select seats that best
meet their needs.
(d) As a carrier, if you wish to use a different method of
providing seating assignment accommodations to passengers with
disabilities from those specified in this subpart, you must obtain the
written concurrence of the Department of Transportation. Contact the
Department at the address cited in Sec. 382.159.
Sec. 382.85 What seating accommodations must carriers make to
passengers in circumstances not covered by Sec. 382.81 (a) through
(d)?
As a carrier, you must provide the following seating accommodations
to a passenger who self-identifies as having
[[Page 64386]]
a disability other than one in the four categories listed in Sec.
382.81 (a) through (d) and as needing a seat assignment accommodation
in order to readily access and use the carrier's air transportation
services:
(a) As a carrier that assigns seats in advance, you must provide
accommodations in the following ways:
(1) If you use the ``seat-blocking'' mechanism of Sec.
382.83(a)(1) c, you must implement the requirements of this section as
follows:
(i) When a passenger with a disability not described in Sec.
382.81(a) through (d) makes a reservation more than 24 hours before the
scheduled departure time of the flight, you are not required to offer
the passenger one of the seats blocked for the use of passengers with a
disability listed under Sec. 382.81.
(ii) However, you must assign to the passenger any seat, not
already assigned to another passenger, that accommodates the
passenger's needs, even if that seat is not available for assignment to
the general passenger population at the time of the request.
(2) If you use the ``designated priority seats'' mechanism of Sec.
382.83(a)(2), you must implement the requirements of this section as
follows:
(i) When a passenger with a disability not described in Sec.
382.81 makes a reservation, you must assign to the passenger any seat,
not already assigned to another passenger, that accommodates the
passenger's needs, even if that seat is not available for assignment to
the general passenger population at the time of the request. You may
require a passenger making such a request to check in one hour before
the departure time of the flight.
(ii) If such a passenger is assigned to a designated priority seat,
he or she is subject to being reassigned to another seat as provided in
Sec. 382.83(a)(2)(i).
(b) On flights where advance seat assignments are not offered, you
must provide seating accommodations under this section by allowing
passengers to board the aircraft before other passengers, including
other ``preboarded'' passengers, so that the individuals needing
seating accommodations can select seats that best meet their needs.
Sec. 382.87 What other requirements pertain to seating for passengers
with a disability?
(a) As a carrier, you must not exclude any passenger with a
disability from any seat or require that a passenger with a disability
sit in any particular seat, on the basis of disability, except to
comply with FAA safety requirements.
(b) In responding to requests from individuals for accommodations
under this subpart, you must comply with FAA safety requirements,
including those pertaining to exit seating (see 14 CFR 121.585 and
135.129).
(c) If a passenger's disability results in involuntary active
behavior that would result in the person properly being refused
transportation under Sec. 382.19, and the passenger could be
transported safely if seated in another location, you must offer to let
the passenger sit in that location as an alternative to being refused
transportation.
(d) If you have already provided a seat to a passenger with a
disability to furnish an accommodation required by this subpart, you
must not (except in the circumstance described in Sec.
382.85(a)(2)(ii)) reassign that passenger to another seat in response
to a subsequent request from another passenger with a disability,
without the first passenger's consent.
(e) You must never deny transportation to any passenger in order to
provide accommodations required by this subpart.
(f) You 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 an accommodation required
by this part.
Sec. 382.89 When do the requirements of this subpart begin applying
to foreign carriers?
As a foreign carrier, the obligations of this subpart apply to you
on [date 6 months from the effective date of this part].
Subpart G--Boarding, Deplaning, and Connecting Assistance
Sec. 382.91 What assistance must carriers provide to passengers with
a disability in moving within the terminal?
(a) As an air carrier, you must provide assistance requested by or
on behalf of a passenger with a disability in transportation between
gates to make a connection to another flight. If the arriving flight
and the departing connecting flight are operated by different carriers,
the carrier that operated the arriving flight is responsible for
providing this assistance, even if the passenger holds a separate
ticket and/or reservation for the departing flight.
(b) You must also provide assistance requested by or on behalf of a
passenger with a disability in moving from the terminal entrance (or a
vehicle drop-off point adjacent to the entrance) through the airport to
the gate for a departing flight, or from the gate to the terminal
entrance (or a vehicle pick-up point adjacent to the entrance) after an
arriving flight. This requirement includes assistance in accessing key
functional areas of the terminal, such as ticket counters and baggage
claim. It also includes a brief stop upon request at an accessible rest
room or nearby takeout food vendor.
(c) As part of your obligation to provide assistance to passengers
with disabilities in moving around the terminal (e.g., between the
terminal entrance and the gate, between gate and aircraft, from gate to
gate for a connecting flight), you must assist passengers with
disabilities, on request, with transporting their carry-on luggage.
This obligation applies only to carry-on luggage which can be
transported in the cabin, consistent with your carry-on luggage policy,
this part, and FAA and TSA rules, or gate-checked.
Sec. 382.93 Must carriers offer preboarding to passengers with a
disability?
As a carrier, you must offer preboarding to passengers with a
disability who self-identify as needing additional time or assistance
to board, stow accessibility equipment, or be seated. You must make the
availability of this service known (i.e., through an announcement) to
all passengers in the gate area before each flight.
Sec. 382. 95 What are carriers' general obligations with respect to
boarding, deplaning, and connecting assistance?
(a) As a carrier, you must promptly provide assistance requested by
or on behalf of passengers with a disability, or offered by air carrier
personnel and accepted by passengers with a disability, in enplaning,
deplaning, and connecting to other flights. This assistance must
include, as needed, the services of personnel and the use of ground
wheelchairs, accessible motorized carts, boarding wheelchairs, and/or
on-board wheelchairs where provided in accordance with this part, and
ramps or mechanical lifts.
(b) As a carrier, you must, except as otherwise provided in this
subpart, provide boarding and deplaning assistance through the use of
lifts or ramps at any U.S. commercial service airport with 10,000 or
more annual enplanements where boarding and deplaning by level-entry
loading bridges or accessible passenger lounges is not available.
Sec. 382.97 To which aircraft does the requirement to provide
boarding and deplaning assistance through the use of lifts apply?
The requirement to provide boarding and deplaning assistance
through the use of lifts applies with respect to all aircraft with a
passenger capacity of 19 or more, with the following exceptions:
[[Page 64387]]
(a) Float planes;
(b) The following aircraft models: the Fairchild Metro, the
Jetstream 31 and 32, the Beech 1900 (C and D models), and the Embraer
EMB-120;
(c) Any other aircraft model determined by the Department of
Transportation to be unsuitable for boarding and deplaning assistance
by lift, ramp, or other suitable device. The Department will make such
a determination if it concludes that--
(1) No existing boarding and deplaning assistance device on the
market will provide access to the aircraft without a significant risk
of serious damage to the aircraft or injury to passengers or employees,
or
(2) Internal barriers are present in the aircraft that would
preclude passengers who use a boarding or aisle chair from reaching a
non-exit row seat.
Sec. 382.99 What agreements must carriers have with the airports they
serve?
(a) As a carrier, you must negotiate in good faith with the airport
operator of each airport described in Sec. 382.95(b) to ensure the
provision of lifts for boarding and deplaning.
(b) You must have a written, signed agreement with the airport
operator allocating responsibility for meeting the boarding and
deplaning assistance requirements of this subpart between or among the
parties. For foreign carriers, with respect to all covered aircraft,
this requirement becomes effective [date one year from the effective
date of this part].
(c) For foreign carriers, the agreement must provide that all
actions necessary to ensure accessible boarding and deplaning for
passengers with a disability are completed as soon as practicable, but
no later than [date 24 months from the effective date of this part],
with respect to all covered aircraft serving an airport described in
Sec. 382.95(b).
(d) Under the agreement, you may, as a carrier, require that
passengers wishing to receive boarding and deplaning assistance
requiring the use of a lift for a flight check in for the flight one
hour before the scheduled departure time for the flight. If the
passenger checks in after this time, you must nonetheless provide the
boarding and deplaning assistance by lift if you can do so by making a
reasonable effort, without delaying the flight.
(e) The agreement must ensure that all lifts and other
accessibility equipment are maintained in proper working condition, and
that inoperable lifts and equipment must be repaired or replaced
expeditiously.
(f) All air carriers and airport operators involved are jointly and
severally responsible for the timely and complete implementation of the
agreement.
(g) You must make this agreement available, on request, to
representatives of the Department of Transportation.
Sec. 382.101 What other boarding and deplaning assistance must
carriers provide?
When level-entry boarding and deplaning assistance is not required
to be provided under this subpart, you must, as a carrier, provide
boarding and deplaning assistance by any available means to which the
passenger consents. However, you must never use hand-carrying (i.e.,
directly picking up the passenger's body in the arms of one or more
personnel to effect a level change the passenger needs to enter or
leave the aircraft), even if the passenger consents. The situations in
which level-entry boarding is not required but in which you must
provide this boarding and deplaning assistance include, but are not
limited to, the following:
(a) The boarding or deplaning process occurs at a U.S. airport that
is not a commercial service airport that has 10,000 or more
enplanements per year;
(b) The boarding or deplaning process occurs at a foreign airport;
(c) You are using an aircraft subject to an exception from lift
boarding and deplaning assistance requirements under Sec. 382.97 (a)
through (c);
(d) The deadlines established in Sec. 382.99(c)(2) through (3)
have not yet passed; or
(e) Circumstances beyond your control (e.g., unusually severe
weather; unexpected short-duration mechanical problems) prevent the use
of a lift.
Sec. 382.103 May a carrier leave a passenger unattended in a
wheelchair or other device?
As a carrier, you must not leave a passenger who has requested
assistance unattended by your personnel in a ground wheelchair,
boarding wheelchair, or other device, in which the passenger is not
independently mobile, for more than 30 minutes. This requirement
applies even if another person (e.g., family member, personal care
attendant) is accompanying the passenger, unless the passenger
explicitly waives the restriction.
Subpart H--Services on Aircraft
Sec. 382.111 What services must carriers provide to passengers with a
disability on board the aircraft?
As a carrier, you must provide services within the aircraft cabin
as requested by or on behalf of passengers with a disability, or when
offered by air carrier personnel and accepted by passengers with a
disability, as follows:
(a) Assistance in moving to and from seats, as part of the
enplaning and deplaning processes;
(b) Assistance in preparation for eating, such as opening packages
and identifying food;
(c) If there is an on-board wheelchair on the aircraft, assistance
with the use of the on-board wheelchair to enable the person to move to
and from a lavatory;
(d) Assistance to a semiambulatory person in moving to and from the
lavatory, not involving lifting or carrying the person; or
(e) Assistance in stowing and retrieving carry-on items, including
mobility aids and other assistive devices stowed in the cabin.
(f) Effective communication with passengers who have vision
impairments or who are deaf or hard-of-hearing, so that these
passengers have timely access to information the carrier provides to
other passengers (e.g., weather, on-board services, flight delays,
connecting gates at the next airport).
Sec. 382.113 What services are carriers not required to provide to
passengers with a disability on board the aircraft?
As a carrier, you are not required to provide extensive special
assistance to qualified individuals with a disability. For purposes of
this section, extensive special assistance includes the following
activities:
(a) Assistance in actual eating;
(b) Assistance within the restroom or assistance at the passenger's
seat with elimination functions; and
(c) Provision of medical equipment or services, except as required
by this part or FAA rules.
Sec. 382.115 What requirements apply to on-board safety briefings?
As a carrier, you must comply with the following requirements with
respect to on-board safety briefings:
(a) You must conduct an individual safety briefing for any
passenger where required by 14 CFR 121.571 (a)(3) and (a)(4), 14 CFR
135.117(b), or other FAA requirements.
(b) You may offer an individual briefing to any other passenger,
but you may not require an individual to have such a briefing except as
provided in paragraph (a) of this section.
(c) You must not require any passenger with a disability to
demonstrate that he or she has listened to, read, or understood the
information presented, except to the extent that carrier personnel
impose such a requirement on all passengers with
[[Page 64388]]
respect to the general safety briefing. You must not take any action
adverse to a qualified individual with a disability on the basis that
the person has not ``accepted'' the briefing.
(d) When you conduct an individual safety briefing for a passenger
with a disability, you must do so as inconspicuously and discreetly as
possible.
(e) As a carrier, if you present on-board safety briefings to
passengers on video screens, you must ensure that the safety-video
presentation is accessible to passengers with impaired hearing (e.g.,
through use of open captioning or placement of a sign language
interpreter in the video).
(1) You may use an equivalent non-video alternative to this
requirement only if neither open captioning nor a sign language
interpreter inset can be placed in the video presentation without so
interfering with it as to render it ineffective or it would not be
large enough to be readable.
(2) If you are a foreign carrier, you may implement the
requirements of this section by substituting captioned or interpreted
video materials for uncaptioned/uninterpreted video materials as the
uncaptioned/uninterpreted materials are replaced in the normal course
of the carrier's operations.
Sec. 382.117 Must carriers permit passengers with a disability to
travel with service animals?
(a) As a carrier, you must permit a service animal to accompany a
passenger with a disability.
(b) You must permit the service animal to accompany the passenger
with a disability in any seat in which the passenger sits, unless the
animal obstructs an aisle or other area that must remain unobstructed
to facilitate an emergency evacuation.
(c) If a service animal cannot be accommodated at the seat location
of the passenger with a disability who is using the animal, you must
offer the passenger the opportunity to move with the animal to a seat
location, if present on the aircraft, where the animal can be
accommodated, as an alternative to requiring that the animal travel in
the cargo hold.
(d) You must accept as evidence that an animal is a service animal
identification cards, other written documentation, presence of
harnesses, tags, or the credible verbal assurances of a qualified
individual with a disability using the animal.
(e) Whenever you decide not to accept an animal as a service
animal, you must explain the reason for your decision to the passenger
and document it in writing. A copy of the explanation must be provided
to the passenger either at the airport, or within ten calendar days of
the incident.
(f) Guidance concerning the carriage of service animals is found in
appendix A to this part.
Subpart I--Stowage of Wheelchairs, Other Mobility Aids, and Other
Assistive Devices
Sec. 382.121 What mobility aids and other assistive devices may
passengers with a disability bring into the aircraft cabin?
(a) As a carrier, you must permit passengers with a disability to
bring the following kinds of items into the aircraft cabin, provided
that they can be stowed in designated priority storage areas or in
overhead compartments or under seats, consistent with FAA and TSA
requirements concerning security, safety, and hazardous materials with
respect to the stowage of carry-on items.
(1) Wheelchairs, including manual wheelchairs and break-down or
collapsible battery-powered wheelchairs;
(2) Other mobility aids, such as canes (including those used by
persons with impaired vision), crutches, and walkers; and
(3) Other assistive devices for stowage or use within the cabin
(e.g., vision-enhancing devices, personal ventilators and respirators
that use non-spillable batteries).
(b) In implementing your carry-on baggage policies, you must not
count assistive devices (including the kinds of items listed in
paragraph (a) of this section) toward a limit on carry-on baggage.
Sec. 382.123 What are the requirements concerning priority cabin
stowage space for wheelchairs?
(a) In an aircraft in which a closet or other approved stowage area
is provided in the cabin for passengers' carry-on items, of a size that
will accommodate a passenger's typical adult-sized, folding,
collapsible, or break-down wheelchair (including such battery-powered
wheelchairs), you must, as a carrier, designate priority stowage space,
as described below, for at least one such folding, collapsible, or
break-down passenger wheelchair. This space must be other than the
overhead compartments and under-seat spaces routinely used for
passengers' carry-on items.
(b) If you are a passenger with a disability who uses a wheelchair
and takes advantage of a carrier's offer of the opportunity to preboard
the aircraft, you may stow your wheelchair in this area, with priority
over other items brought onto the aircraft by other passengers
enplaning at the same airport, consistent with FAA and TSA requirements
concerning security, safety, and hazardous materials with respect to
the stowage of carry-on items.
(c) If you are a passenger with a disability who does not take
advantage of a carrier offer of the opportunity to preboard, you may
use the area to stow your wheelchair on a first-come, first-served
basis along with all other passengers seeking to stow carry-on items in
the area.
Sec. 382.125 What procedures do carriers follow when wheelchairs,
other mobility aids, and other assistive devices must be stowed in the
cargo compartment?
(a) As a carrier, you must stow wheelchairs, other mobility aids,
or other assistive devices in the baggage compartment if an approved
stowage area is not available in the cabin or the items cannot be
transported in the cabin consistent with FAA and TSA requirements
concerning security, safety, and hazardous materials with respect to
the stowage of carry-on items.
(b) You must give wheelchairs, other mobility aids, and other
assistive devices priority for stowage in the baggage compartment over
other cargo and baggage. Where this priority results in other
passengers' baggage being unable to be carried on the flight, you must
make your best efforts to ensure that the other baggage reaches the
passengers' destination within four hours of the scheduled arrival time
of the flight.
(c) You must provide for the checking and timely return of
passengers' wheelchairs, other mobility aids, and other assistive
devices as close as possible to the door of the aircraft, so that
passengers may use their own equipment to the extent possible, except:
(1) Where this practice would be inconsistent with Federal
regulations governing transportation security or the transportation of
hazardous materials; or
(2) When the passenger requests the return of the items at the
baggage claim area instead of at the door of the aircraft.
(d) In order to achieve the timely return of wheelchairs, you must
ensure that passengers' wheelchairs, other mobility aids, and other
assistive devices are among the first items retrieved from the baggage
compartment.
Sec. 382.127 What procedures apply to stowage of battery-powered
wheelchairs?
(a) Whenever baggage compartment size and aircraft airworthiness
[[Page 64389]]
considerations do not prohibit doing so, you must, as a carrier, accept
a passenger's battery-powered wheelchair, including the battery, as
checked baggage, consistent with the requirements of 49 CFR
175.10(a)(19) and (20) and the provisions of paragraph (f) of this
section.
(b) You may require that passengers with a disability wishing to
have battery-powered wheelchairs transported on a flight (including in
the cabin) check in one hour before the scheduled departure time of the
flight. If the passenger checks in after this time, you must
nonetheless carry the wheelchair if you can do so by making a
reasonable effort, without delaying the flight.
(c) If the battery on the passenger's wheelchair has been labeled
by the manufacturer as non-spillable as provided in 49 CFR
173.159(d)(2), or if a battery-powered wheelchair with a spillable
battery can be loaded, stored, secured and unloaded in an upright
position, you must not require the battery to be removed and separately
packaged. Notwithstanding this requirement, you may remove and package
separately any battery that appears to be damaged or leaking (or even
deny transportation to the battery if the potential safety hazard is
serious enough).
(d) When it is necessary to detach the battery from the wheelchair,
you must, upon request, provide packaging for the battery meeting the
requirements of 49 CFR 175.10(a)(19) and (20) and package the battery.
You may refuse to use packaging materials or devices other than those
you normally use for this purpose.
(e) You must not drain batteries.
(f) At the request of a passenger, you must stow a folding, break-
down or collapsible battery-powered wheelchair in the passenger cabin
stowage area as provided in Sec. 382.123, consistent with FAA and TSA
requirements concerning security, safety, and hazardous materials with
respect to the stowage of carry-on items. If the wheelchair can be
stowed in the cabin without removing the battery, you must not remove
the battery. If the wheelchair cannot be stowed in the cabin without
removing the battery, you must remove the battery and stow it in the
baggage compartment as provided in paragraphs (c) and (d) of this
section. In this case, you must permit the wheelchair, with battery
removed, to be stowed in the cabin.
Sec. 382.129 What other requirements apply when passengers'
wheelchairs, other mobility aids, and other assistive devices must be
disassembled for stowage?
(a) As a carrier, you must permit passengers with a disability to
provide written directions concerning the disassembly and reassembly of
their wheelchairs, other mobility aids, and other assistive devices.
You must carry out these instructions to the greatest extent feasible,
consistent with FAA and TSA requirements concerning security, safety,
and hazardous materials with respect to the stowage of carry-on items.
(b) When wheelchairs, other mobility aids, or other assistive
devices are disassembled by the carrier for stowage, you must
reassemble them and ensure their prompt return to the passenger. You
must return wheelchairs, other mobility aids, and other assistive
devices to the passenger in the condition in which you received them.
Sec. 382.131 Do baggage liability limits apply to mobility aids and
other assistive devices?
With respect to domestic transportation (i.e., transportation to
which Warsaw or Montreal Convention liability limits do not apply), the
baggage liability limits of 14 CFR part 254 do not apply to liability
for loss, damage, or delay concerning wheelchairs or other assistive
devices. The criterion for calculating the compensation for a lost,
damaged, or destroyed wheelchair or other assistive device shall be the
original purchase price of the device.
Subpart J--Training and Administrative Provisions
Sec. 382.141 What training are carriers required to provide for their
personnel?
(a) As a carrier that operates aircraft with 19 or more passenger
seats, you must provide training, meeting the requirements of this
paragraph, for all personnel who deal with the traveling public, as
appropriate to the duties of each employee.
(1) You must ensure training to proficiency concerning:
(i) The requirements of this part and other applicable Federal
regulations affecting the provision of air travel to passengers with a
disability;
(ii) Your procedures, consistent with this part, concerning the
provision of air travel to passengers with a disability, including the
proper and safe operation of any equipment used to accommodate
passengers with a disability; and
(iii) For those personnel involved in providing boarding and
deplaning assistance, the use of the boarding and deplaning assistance
equipment used by the carrier and appropriate boarding and deplaning
assistance procedures that safeguard the safety and dignity of
passengers.
(2) You must also train such employees with respect to awareness
and appropriate responses to passengers with a disability, including
persons with physical, sensory, mental, and emotional disabilities,
including how to distinguish among the differing abilities of
individuals with a disability.
(3) You must consult with organizations representing persons with
disabilities in developing your training program and your policies and
procedures.
(4) You must ensure that all personnel who are required to receive
training receive refresher training on the matters covered by this
section, as appropriate to the duties of each employee, as needed to
maintain proficiency.
(5) You must provide, or require your contractors to provide,
training to the contractors' employees concerning travel by passengers
with a disability. This training is required only for those contractor
employees who deal directly with the traveling public, and it must be
tailored to the employees' functions. Training for contractor employees
must meet the requirements of paragraphs (a)(1) through (a)(5) of this
section.
(6) The employees you designate as Complaints Resolution Officials
(CROs), for purposes of Sec. 382.151, must receive training concerning
the requirements of this part and the duties of a CRO by [date 60 days
from the effective date of this part]. For employees who have already
received CRO training, this training may be limited to changes from the
previous version of Part 382. Employees subsequently designated as
Complaints Resolution Officials shall receive this training before
assuming their duties under Sec. 382.151. You must ensure that all
employees performing the Complaints Resolution Official function
receive annual refresher training concerning their duties and the
provisions of this part.
(b) If you are a carrier that operates only aircraft with fewer
than 19 passenger seats, you must provide training for flight
crewmembers and appropriate personnel to ensure that they are familiar
with the matters listed in paragraphs (a)(1) and (a)(2) of this section
and that they comply with the requirements of this part.
Sec. 382.143 When must carriers complete training for their
personnel?
(a) As a U.S. carrier, you must meet the training requirements of
Sec. 382.141 by the following times:
[[Page 64390]]
(1) For crewmembers and other personnel subject to training
required under 14 CFR part 121 or 135, who are employed on [effective
date of this rule], within one year of that date or as part of their
next scheduled recurrent training, whichever comes first.
(2) For crewmembers subject to training requirements under 14 CFR
part 121 or 135 whose employment in any given position commences after
[effective date of this rule], before they assume their duties; and
(3) For other personnel whose employment in any given position
commences after [effective date of this rule], within 60 days after the
date on which they assume their duties.
(b) As a foreign carrier that operates aircraft with 19 or more
passenger seats, you must provide training meeting the requirements of
paragraph (a) of this section for all personnel who deal with the
traveling public in connection with flights that begin or end at a U.S.
airport, as appropriate to the duties of each employee. You must ensure
that personnel required to receive training complete the training by
the following times:
(1) For crewmembers or other personnel who are employed on
[effective date of this rule], within one year of that date;
(2) For crewmembers whose employment commences after [date one year
from the effective date of this rule], before they assume their duties;
(3) For other personnel whose employment in any given position
commences after [date one year from the effective date of this rule],
within 60 days after the date on which they assume their duties; and
(4) For crewmembers and other personnel who become employed after
[effective date of this rule] but before [date one year from the
effective date of this rule], by [date one year from the effective date
of this rule] or a date 60 days from the date of their employment,
whichever is later.
Sec. 382.145 What must carriers incorporate in their manuals?
(a) As a carrier that operates aircraft with 19 or more seats, you
must incorporate procedures implementing the requirements of this part
in the manuals or other guidance or instructional materials provided
for the personnel who provide services to passengers, including, but
not limited to, pilots, flight attendants, reservation and ticket
counter personnel, gate agents, ramp and baggage handling personnel,
and passenger service office personnel.
(b) You must make your manuals and other materials implementing
this part available for review by the Department on the Department's
request. If, upon such review, the Department determines that any
portion of these materials must be changed in order to comply with this
part, DOT will direct you to make appropriate changes. You must
incorporate and implement these changes.
Subpart K--Complaints and Enforcement Procedures
Sec. 382.151 What are the requirements for providing Complaints
Resolution Officials?
(a ) As a carrier, you must designate one or more complaints
resolution officials (CROs).
(b) You must make a CRO available at each airport you serve, during
all times you are operating at that airport. You must make CRO service
available in the language(s) in which you make your other services
available to the general public.
(c) You may make the CRO available in person at the airport or via
telephone, at no cost to the passenger. If a telephone link to the CRO
is used, TTY service must be available so that persons with hearing
impairments may readily communicate with the CRO.
(d) You must make passengers with a disability aware of the
availability of a CRO and how to contact the CRO in the following
circumstances:
(1) In any situation in which any person complains or raises a
concern with your personnel about discrimination, accommodations, or
services with respect to passengers with a disability, and your
personnel do not immediately resolve the issue to the customer's
satisfaction or provide a requested accommodation, your personnel must
immediately inform the passenger of the right to contact a CRO and the
location and/or phone number of the CRO available at the airport. Your
personnel must provide this information to the passenger in a format he
or she can use.
(2) Your reservation agents, contractors, and web sites must
provide information equivalent to that required by paragraph (d)(1) of
this section to passengers with a disability using those services.
(3) In the situations covered by paragraphs (1) and (2) of this
paragraph, the passenger must also be given the Department of
Transportation's airline accessibility toll-free hot line phone number
(800-778-4838 (voice); 800-455-9880 (TTY)).
(e) Each CRO must be thoroughly familiar with the requirements of
this part and the carrier's procedures with respect to passengers with
a disability. The CRO is intended to be the carrier's ``expert'' in
compliance with the requirements of this part.
(f) You must ensure that each of your CROs has the authority to
make dispositive resolution of complaints on behalf of the carrier.
This means that the CRO must have the power to overrule the decision of
any other personnel, except that the CRO is not required to be given
authority to countermand a decision of the pilot-in-command of an
aircraft based on safety.
Sec. 382.153 What actions do CROs take on complaints?
When a complaint is made directly to a CRO (e.g., orally, by phone,
TTY) the CRO must promptly take dispositive action as follows:
(a) If the complaint is made to a CRO before the action or proposed
action of carrier personnel has resulted in a violation of a provision
of this part, the CRO must take, or direct other carrier personnel to
take, whatever action is necessary to ensure compliance with this part.
(b) If an alleged violation of a provision of this part has already
occurred, and the CRO agrees that a violation has occurred, the CRO
must provide to the complainant a written statement setting forth a
summary of the facts and what steps, if any, the carrier proposes to
take in response to the violation.
(c) If the CRO determines that the carrier's action does not
violate a provision of this part, the CRO must provide to the
complainant a written statement including a summary of the facts and
the reasons, under this part, for the determination.
(d) The statements required to be provided under this section must
inform the complainant of his or her right to pursue DOT enforcement
action under this part. The CRO must provide the statement in person to
the complainant at the airport if possible; otherwise, it must be
forwarded to the complainant within 10 calendar days of the complaint.
Sec. 382.155 How must carriers respond to written complaints?
(a) As a carrier, you must respond to written complaints received
by any means (e.g., letter, fax, e-mail, electronic instant message)
concerning matters covered by this part.
(b) As a passenger making a written complaint, you must state
whether you had contacted a CRO in the matter, provide the name of the
CRO and the date of the contact, if available, and
[[Page 64391]]
enclose any written response you received from the CRO.
(c) As a carrier, you are not required to respond to a complaint
postmarked or transmitted more than 45 days after the date of the
incident, except for complaints referred to you by the Department of
Transportation.
(d) As a carrier, you must make a dispositive written response to a
written disability complaint within 30 days of its receipt. The
response must specifically admit or deny that a violation of this part
has occurred.
(1) If you admit that a violation has occurred, you must provide to
the complainant a written statement setting forth a summary of the
facts and the steps, if any, you will take in response to the
violation.
(2) If you deny that a violation has occurred, your response must
include a summary of the facts and your reasons, under this part, for
the determination.
(3) Your response must also inform the complainant of his or her
right to pursue DOT enforcement action under this part.
Sec. 382.157 What are carriers' obligations for recordkeeping and
reporting on disability- related complaints? [Reserved]
Sec. 382.159 How are complaints filed with DOT?
(a) Any person believing that a carrier has violated any provision
of this part may contact the following office for assistance: U.S.
Department of Transportation, Aviation Consumer Protection Division,
400 7th Street, SW., Washington, DC, 20590. The Web site for this
office is http://airconsumer.ost.dot.gov.
(b) Any person believing that a carrier has violated any provision
of this part may also file a formal complaint under the applicable
procedures of 14 CFR Part 302.
(c) Requests for assistance and complaints must be filed no later
than 18 months after the incident to ensure that they can be
investigated.
Appendix A to Part 382--Guidance Concerning Service Animals
Introduction
In 1990, the U.S. Department of Transportation (DOT) promulgated
the official regulations implementing the Air Carrier Access Act
(ACAA). Those rules are entitled Nondiscrimination on the Basis of
Disability in Air Travel (14 CFR Part 382). Since then the number of
people with disabilities traveling by air has grown steadily. This
growth has increased the demand for air transportation accessible to
all people with disabilities and the importance of understanding
DOT's regulations and how to apply them. This document expands on an
earlier DOT guidance document published in 1996\1\, which was based
on an earlier Americans with Disabilities Act (ADA) service animal
guide issued by the Department of Justice (DOJ) in July 1996. The
purpose of this document is to aid airline employees and people with
disabilities in understanding and applying the ACAA and the
provisions of Part 382 with respect to service animals in
determining:
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\1\ 61 FR 56409, 56420 (Nov. 1, 1996).
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(1) Whether an animal is a service animal and its user a
qualified individual with a disability;
(2) How to accommodate a qualified person with a disability with
a service animal in the aircraft cabin; and
(3) When a service animal legally can be refused carriage in the
cabin. This guidance will also be used by Department of
Transportation staff in reviewing the implementation of Sec.
382.117 by air carriers.
Background
The 1996 DOT guidance document defines a service animal as ``any
guide dog, signal dog, or other animal individually trained to
provide assistance to an individual with a disability. If the animal
meets this definition, it is considered a service animal regardless
of whether it has been licensed or certified by a state or local
government.'' This document refines DOT's previous definition of
service animal \2\ by making it clear that animals that assist
persons with disabilities by providing emotional support qualify as
service animals and ensuring that, in situations concerning
emotional support animals, the authority of airline personnel to
require documentation of the individual's disability and the medical
necessity of the passenger traveling with the animal is understood.
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\2\ See Glossary for definition of this and other terms.
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Today, both the public and people with disabilities use many
different terms to identify animals that can meet the legal
definition of ``service animal.'' These range from umbrella terms
such as ``assistance animal'' to specific labels such as
``hearing,'' ``signal,'' ``seizure alert,'' ``psychiatric service,''
``emotional support'' animal, etc. that describe how the animal
assists a person with a disability.
When Part 382 was promulgated, most service animals were guide
or hearing dogs. Since then, a wider variety of animals (e.g., cats,
monkeys, etc.) have been individually trained to assist people with
disabilities. Service animals also perform a much wider variety of
functions than ever before (e.g., alerting a person with epilepsy of
imminent seizure onset, pulling a wheelchair, assisting persons with
mobility impairments with balance). These developments can make it
difficult for airline employees to distinguish service animals from
pets, especially when a passenger does not appear to be disabled, or
the animal has no obvious indicators that it is a service animal.
Passengers may claim that their animals are service animals at times
to get around airline policies that restrict the carriage of pets.
Clear guidelines are needed to assist airline personnel and people
with disabilities in knowing what to expect and what to do when
these assessments are made.
Since airlines also are obliged to provide all accommodations in
accordance with FAA safety regulations, educated consumers help
assure that airlines provide accommodations consistent with the
carriers' safety duties and responsibilities. Educated consumers
also assist the airline in providing them the services they want,
including accommodations, as quickly and efficiently as possible.
General Requirements of Part 382
In a nutshell, the main requirements of Part 382 regarding
service animals are:
Carriers shall permit dogs and other service animals
used by persons with disabilities to accompany the persons on a
flight. See Sec. 382.117(a).
[rtrif] Carriers shall accept as evidence that an animal is a
service animal identifiers such as identification cards, other
written documentation, presence of harnesses, tags or the credible
verbal assurances of a qualified individual with a disability using
the animal.
[rtrif] Carriers shall permit a service animal to accompany a
qualified individual with a disability in any seat in which the
person sits, unless the animal obstructs an aisle or other area that
must remain unobstructed in order to facilitate an emergency
evacuation or to comply with FAA regulations.
If a service animal cannot be accommodated at the seat
location of the qualified individual with a disability whom the
animal is accompanying, the carrier shall offer the passenger the
opportunity to move with the animal to a seat location in the same
class of service, if present on the aircraft, where the animal can
be accommodated, as an alternative to requiring that the animal
travel in the cargo hold (see Sec. 382.117(c)).
Carriers shall not impose charges for providing
facilities, equipment, or services that are required by this part to
be provided to qualified individuals with a disability (see Sec.
382.31).
Two Steps for Airline Personnel
To determine whether an animal is a service animal and should be
allowed to accompany its user in the cabin, airline personnel
should:
1. Establish whether the animal is a pet or a service animal,
and whether the passenger is a qualified individual with a
disability; and then
2. Determine if the service animal presents either
A ``direct threat to the health or safety of others,''
or
A significant threat of disruption to the airline
service in the cabin (i.e. a ``fundamental alteration'' to passenger
service). See Sec. 382.19(c).
Service Animals
How do I know it's a service animal and not a pet?
Remember: In most situations the key is TRAINING. Generally, a
service animal is individually trained to perform functions to
assist the passenger who is a qualified individual with a
disability. In a few extremely limited situations, an animal such
[[Page 64392]]
as a seizure alert animal may be capable of performing functions to
assist a qualified person with a disability without individualized
training. Also, an animal used for emotional support need not have
specific training for that function. Similar to an animal that has
been individually trained, the definition of a service animal
includes: an animal that has been shown to have the innate ability
to assist a person with a disability; or an emotional support
animal.
These five steps can help one determine whether an animal is a
service animal or a pet:
1. Obtain credible verbal assurances: Ask the passenger: ``Is
this your pet?'' If the passenger responds that the animal is a
service animal and not a pet, but uncertainty remains about the
animal, appropriate follow-up questions would include:
[rtrif] ``What tasks or functions does your animal perform for
you?'' or
[rtrif] ``What has it been trained to do for you?''
[rtrif] ``Would you describe how the animal performs this task
(or function) for you?''
As noted earlier, functions include, but are not
limited to:
A. Helping blind or visually impaired people to safely negotiate
their surroundings;
B. Alerting deaf and hard-of-hearing persons to sounds;
C. Helping people with mobility impairments to open and close
doors, retrieve objects, transfer from one seat to another, maintain
balance; or
D. Alert or respond to a disability-related need or emergency
(e.g., seizure, extreme social anxiety or panic attack).
Note that to be a service animal that can properly
travel in the cabin, the animal need not necessarily perform a
function for the passenger during the flight. For example, some dogs
are trained to help pull a passenger's wheelchair or carry items
that the passenger cannot readily carry while using his or her
wheelchair. It would not be appropriate to deny transportation in
the cabin to such a dog.
If a passenger cannot provide credible assurances that
an animal has been individually trained or is able to perform some
task or function to assist the passenger with his or her disability,
the animal might not be a service animal. In this case, the airline
personnel may require documentation (see Documentation below).
There may be cases in which a passenger with a
disability has personally trained an animal to perform a specific
function (e.g., seizure alert). Such an animal may not have been
trained through a formal training program (e.g., a ``school'' for
service animals). If the passenger can provide a reasonable
explanation of how the animal was trained or how it performs the
function for which it is being used, this can constitute a
``credible verbal assurance'' that the animal has been trained to
perform a function for the passenger.
2. Look for physical indicators on the animal: Some service
animals wear harnesses, vests, capes or backpacks. Markings on these
items or on the animal's tags may identify it as a service animal.
It should be noted, however, that the absence of such equipment does
not necessarily mean the animal is not a service animal.
3. Request documentation for service animals other than
emotional support animals: The law allows airline personnel to ask
for documentation as a means of verifying that the animal is a
service animal. Carriers are not to require documentation as a
condition for permitting an individual to travel with his or her
service animal in the cabin unless a passenger's verbal assurance is
not credible. In that case, the airline may require documentation as
a condition for allowing the animal to travel in the cabin. This
should be an infrequent situation. The purpose of documentation is
to substantiate the passenger's disability-related need for the
animal's accompaniment, which the airline may require as a condition
to permit the animal to travel in the cabin. Examples of
documentation include a letter from a licensed professional treating
the passenger's condition (e.g., physician, mental health
professional, vocational case manager, etc.)
4. Require documentation for emotional support animals: With
respect to an animal used for emotional support (which need not have
specific training for that function but must be trained to behave
appropriately in a public setting), airline personnel may require
current documentation (i.e., not more than one year old) on
letterhead from a mental health professional stating (1) that the
passenger has a mental health-related disability listed in the
Diagnostic and Statistical Manual of Mental Disorders (DSM IV); (2)
that having the animal accompany the passenger is necessary to the
passenger's mental health or treatment; and (3) that the individual
providing the assessment of the passenger is a licensed mental
health professional and the passenger is under his or her
professional care. An airline is allowed, but not required, to
insist that the documentation include the date, type, and state of
the mental health professional's license. Airline personnel may
require this documentation as a condition of permitting the animal
to accompany the passenger in the cabin. The purpose of this
provision is to prevent abuse by passengers that do not have a
medical need for an emotional support animal and to ensure that
passengers who have a legitimate need for emotional support animals
are permitted to travel with their service animals on the aircraft.
Airlines are not permitted to require the documentation to specify
the type of mental health disability, e.g., panic attacks.
5. Observe behavior of animals: Service animals are trained to
behave properly in public settings. For example, a properly trained
guide dog will remain at its owner's feet. It does not run freely
around an aircraft or an airport gate area, bark or growl repeatedly
at other persons on the aircraft, bite or jump on people, or urinate
or defecate in the cabin or gate area. An animal that engages in
such disruptive behavior shows that it has not been successfully
trained to function as a service animal in public settings.
Therefore, airlines are not required to treat it as a service
animal, even if the animal performs an assistive function for a
passenger with a disability or is necessary for a passenger's
emotional well-being.
What about service animals in training?
Part 382 requires airlines to allow service animals to accompany
their handlers \3\ in the cabin of the aircraft, but airlines are
not required otherwise to carry animals of any kind either in the
cabin or in the cargo hold. Airlines are free to adopt any policy
they choose regarding the carriage of pets and other animals
provided that they comply with other applicable requirements (e.g.,
the Animal Welfare Act). Although ``service animals in training''
are not pets, the ACAA does not include them, because ``in
training'' status indicates that they do not yet meet the legal
definition of service animal. However, like pet policies, airline
policies regarding service animals in training vary. Some airlines
permit qualified trainers to bring service animals in training
aboard an aircraft for training purposes. Trainers of service
animals should consult with airlines, and become familiar with their
policies.
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\3\ Service animal users typically refer to the person who
accompanies the animal as the ``handler.''
---------------------------------------------------------------------------
What about a service animal that is not accompanying a qualified
individual with a disability?
When a service animal is not accompanying a passenger with a
disability, the airline's general policies on the carriage of
animals usually apply. Airline personnel should know their company's
policies on pets, service animals in training, and the carriage of
animals generally. Individuals planning to travel with a service
animal other than their own should inquire about the applicable
policies in advance.
Qualified Individuals With Disabilities \4\
---------------------------------------------------------------------------
\4\ See Glossary.
---------------------------------------------------------------------------
How do I know if a passenger is a qualified individual with a
disability who is entitled to bring a service animal in the cabin of
the aircraft if the disability is not readily apparent?
Ask the passenger about his or her disability as it
relates to the need for a service animal. Once the passenger
identifies the animal as a service animal, you may ask, ``How does
your animal assist you with your disability?'' Avoid the question
``What is your disability?'' as this implies you are asking for a
medical label or the cause of the disability, which is intrusive and
inconsistent with the intent of the ACAA. Remember, Part 382 is
intended to facilitate travel by people with disabilities by
requiring airlines to accommodate them on an individual basis.
Ask the passenger whether he or she has documentation
as a means of verifying the medical necessity of the passenger
traveling with the animal. Keep in mind that you can ask but cannot
require documentation as proof of service animal status UNLESS (1) a
passenger's verbal assurance is not credible and the airline
personnel cannot in good faith determine whether the animal is a
service animal without documentation, or (2) a passenger indicates
that the animal is to be used as an emotional support animal.
Using the questions and other factors above, you must
decide whether it is
[[Page 64393]]
reasonable to believe that the passenger is a qualified individual
with a disability, and the animal is a service animal.
Denying a Service Animal Carriage in the Cabin
What do I do if I believe that carriage of the animal in the cabin of
the aircraft would inconvenience non-disabled passengers?
Part 382 requires airlines to permit qualified individuals with
a disability to be accompanied by their service animals in the
cabin, as long as the animals do not (1) pose a direct threat to the
health or safety of others (e.g., animal displays threatening
behaviors by growling, snarling, lunging at, or attempting to bite
other persons on the aircraft) or (2) cause a significant disruption
in cabin service (i.e. a ``fundamental alteration'' to passenger
service). Inconvenience of other passengers is not sufficient
grounds to deny a service animal carriage in the cabin; as indicated
later in this document, however, airlines are not required to ask
other passengers to relinquish space that they would normally use in
order to accommodate a service animal (e.g., space under the seat in
front of the non-disabled passenger).
What do I do if I believe that a passenger's assertions about having a
disability or a service animal are not credible?
Ask if the passenger has documentation that satisfies
the requirements for determining that the animal is a service animal
(see discussion of ``Documentation'' above).
If the passenger has no documents, then explain to the
passenger that the animal cannot be carried in the cabin, because it
does not meet the criteria for service animals. Explain your
airline's policy on pets (i.e., will or will not accept for carriage
in the cabin or cargo hold), and what procedures to follow.
If the passenger does not accept your explanation,
avoid getting into an argument. Ask the passenger to wait while you
contact your airline's complaint resolution official (CRO). Part 382
requires all airlines to have a CRO available at each airport they
serve during all hours of operation. The CRO may be made available
by telephone. The CRO is a resource for resolving difficulties
related to disability accommodation.
Consult with the CRO immediately, if possible. The CRO
normally has the authority to make the final decision regarding
carriage of service animals. In the rare instance that a service
animal would raise a concern regarding flight safety, the CRO may
consult with the pilot-in-command. If the pilot-in-command makes a
decision to restrict the animal from the cabin or the flight for
safety reasons, the CRO cannot countermand the pilot's decision.
This does not preclude the Department from taking subsequent
enforcement action, however, if it is determined that the pilot's
decision was inconsistent with part 382.
If a CRO makes the final decision not to accept an
animal as a service animal, then the CRO must provide a written
statement to the passenger within 10 days explaining the reason(s)
for that determination. If carrier personnel other than the CRO make
the final decision, a written explanation is not required; however,
because denying carriage of a legitimate service animal is a
potential civil rights violation, it is recommended that carrier
personnel explain to the passenger the reason the animal will not be
accepted as a service animal. A recommended practice may include
sending passengers whose animals are not accepted as service animals
a letter within ten business days explaining the basis for such a
decision.
In considering whether a service animal should be excluded from
the cabin, keep these things in mind:
Certain unusual service animals (i.e. snakes, other
reptiles, ferrets, rodents and spiders) pose unavoidable safety and/
or public health concerns and airlines are not required to transport
them.
In all other circumstances, each situation must be
considered individually. Do not make assumptions about how a
particular unusual animal is likely to behave based on past
experience with other animals. You may inquire, however, about
whether a particular animal has been trained to behave properly in a
public setting.
Before deciding to exclude the animal, you should
consider and try available means of mitigating the problem (e.g.,
muzzling a dog that barks frequently, allowing the passenger a
reasonable amount of time under the circumstances to correct the
disruptive behavior, offering the passenger a different seat where
the animal won't block the aisle.)
If it is determined that the animal should not accompany the
disabled passenger in the cabin at this time, offer the passenger
alternative accommodations in accordance with Part 382 and company
policy (e.g., accept the animal for carriage in the cargo
compartment at no cost to the passenger).
What about unusual service animals?
As indicated above, certain unusual service animals,
i.e. snakes, other reptiles, ferrets, rodents and spiders, pose
unavoidable safety and/or public health concerns and airlines are
not required to transport them. The release of such an animal in the
aircraft cabin could result in a direct threat to the health or
safety of passengers and crewmembers. For these reasons, airlines
are not required to transport these types of service animals in the
cabin, and carriage in the cargo hold will be in accordance with
company policies on the carriage of animals generally.
Other unusual animals such as miniature horses, pigs
and monkeys should be evaluated on a case-by-case basis. Factors to
consider are the animal's size, weight, state and foreign country
restrictions, and whether or not the animal would pose a direct
threat to the health or safety of others, or cause a fundamental
alteration (significant disruption) in the cabin service. If none of
these factors apply, the animal may accompany the passenger in the
cabin. In most other situations, the animal should be carried in the
cargo hold in accordance with company policy.
Miscellaneous Questions
What about the passenger who has two or more service animals?
A single passenger legitimately may have two or more
service animals. In these circumstances, you should make every
reasonable effort to accommodate them in the cabin in accordance
with part 382 and company policies on seating. This might include
permitting the passenger to purchase a second seat so that the
animals can be accommodated in accordance with FAA safety
regulations. You may offer the passenger a seat on a later flight if
the passenger and animals cannot be accommodated together at a
single passenger seat. Airlines may not charge passengers for
accommodations that are required by part 382, including transporting
service animals in the cargo compartment. If carriage in the cargo
compartment is unavoidable, notify the destination station to return
the service animal(s) to the passenger at the gate as soon as
possible, or to assist the passenger as necessary to retrieve them
in the appropriate location.
What if the service animal is too large to fit under the seat in front
of the customer?
If the service animal does not fit in the assigned
location, you should relocate the passenger and the service animal
to some other place in the cabin in the same class of service where
the animal will fit under the seat in front of the passenger and not
create an obstruction, such as the bulkhead. If no single seat in
the cabin will accommodate the animal and passenger without causing
an obstruction, you may offer the option of purchasing a second
seat, traveling on a later flight or having the service animal
travel in the cargo hold. As indicated above, airlines may not
charge passengers with disabilities for services required by part
382, including transporting their oversized service animals in the
cargo compartment.
Should passengers provide advance notice to the airline
concerning multiple or large service animals?
In most cases, airlines may not insist on advance notice or
health certificates for service animals under the ACAA regulations.
However, it is very useful for passengers to contact the airline
well in advance if one or more of their service animals may need to
be transported in the cargo compartment. The passenger will need to
understand airline policies and should find out what type of
documents the carrier would need to ensure the safe passage of the
service animal in the cargo compartment and any restrictions for
cargo travel that might apply (e.g., temperature conditions that
limit live animal transport).
What if an airline employee or another passenger on board is allergic
or has an adverse reaction to a passenger's service animal?
Passengers who state they have allergies or other animal
aversions should be located as far away from the service animal as
practicable. Whether or not an individual's allergies or animal
aversions are disabilities (an issue this Guidance does not
address), each individual's needs should be addressed
[[Page 64394]]
to the fullest extent possible under the circumstances and in
accordance with the requirements of part 382 and company policy.
Accommodating Passengers With Service Animals in the Cabin
How can airline personnel help ensure that passengers with service
animals are assigned and obtain appropriate seats on the aircraft?
Let passengers know the airline's policy about seat
assignments for people with disabilities. For instance: (1) Should
the passenger request pre-boarding at the gate? or (2) should the
passenger request an advance seat assignment (a priority seat such
as a bulkhead seat or aisle seat) up to 24 hours before departure?
or (3) should the passenger request an advance seat assignment at
the gate on the day of departure? When assigning priority seats, ask
the passenger what location best fits his/her needs.
Passengers generally know what kinds of seats best suit
their service animals. In certain circumstances, passengers with
service animals must either be provided their pre-requested priority
seats, or if their requested seat location cannot be made available,
they must be assigned to other available priority seats of their
choice in the same cabin class. Part 382.38 requires airlines to
provide a bulkhead seat or a seat other than a bulkhead seat at the
request of an individual traveling with a service animal.
Passengers should comply with airline recommendations
or requirements regarding when they should arrive at the gate before
a flight. This may vary from airport to airport and airline to
airline. Not all airlines announce pre-boarding for passengers with
special needs, although it may be available. If you wish to request
pre-boarding, tell the agent at the gate.
Unless pre-boarding is not part of your carrier's
business operation, a timely request for pre-boarding by a passenger
with a disability should be honored (382.38(d)).
Part 382 does not require carriers to make
modifications that would constitute an undue burden or would
fundamentally alter their programs (382.7(c)). Therefore, the
following are not required in providing accommodations for users of
service animals and are examples of what might realistically be
viewed as creating an undue burden:
[rtrif] Asking another passenger to give up the space in front
of his or her seat to accommodate a service animal;
[rtrif] Denying transportation to any individual on a flight in
order to provide an accommodation to a passenger with a service
animal;
[rtrif] Furnishing more than one seat per ticket; and
[rtrif] Providing a seat in a class of service other than the
one the passenger has purchased.
Are airline personnel responsible for the care and feeding of service
animals?
Airline personnel are not required to provide care, food, or
special facilities for service animals. The care and supervision of
a service animal is solely the responsibility of the passenger with
a disability whom the animal is accompanying.
May an air carrier charge a maintenance or cleaning fee to passengers
who travel with service animals?
Part 382 prohibits air carriers from imposing special charges
for accommodations required by the regulation, such as carriage of a
service animal. However, an air carrier may charge passengers with a
disability if a service animal causes damage, as long as it is its
regular practice to charge non-disabled passengers for similar kinds
of damage. For example, it could charge a passenger with a
disability for the cost of repairing or cleaning a seat damaged by a
service animal, assuming that it is its policy to charge when a non-
disabled passenger or his or her pet causes similar damage.
Advice for Passengers With Service Animals
Ask about the airline's policy on advance seat
assignments for people with disabilities. For instance: (1) Should a
passenger request pre-boarding at the gate? or (2) should a
passenger request an advance seat assignment (a priority seat such
as a (bulkhead seat or aisle seat)) up to 24 hours before departure?
or (3) should a passenger request an advance seat assignment at the
gate on the day of departure?
Although airlines are not permitted to automatically
require documentation for service animals other than emotional
support animals, if you think it would help you explain the need for
a service animal, you may want to carry documentation from your
physician or other licensed professional confirming your need for
the service animal. Passengers with unusual service animals also may
want to carry documentation confirming that their animal has been
trained to perform a function or task for them.
If you need a specific seat assignment for yourself and
your service animal, make your reservation as far in advance as you
can, and identify your need at that time.
You may have to be flexible if your assigned seat
unexpectedly turns out to be in an emergency exit row. When an
aircraft is changed at the last minute, seating may be reassigned
automatically. Automatic systems generally do not recognize special
needs, and may make inappropriate seat assignments. In that case,
you may be required by FAA regulations to move to another seat.
Arrive at the gate when instructed by the airline,
typically at least one hour before departure, and ask the gate agent
for pre-boarding--if that is your desire.
Remember that your assigned seat may be reassigned if
you fail to check in on time; airlines typically release seat
assignments not claimed 30 minutes before scheduled departure. In
addition, if you fail to check in on time you may not be able to
take advantage of the airline's pre-board offer.
If you have a very large service animal or multiple
animals that might need to be transported in the cargo compartment,
contact the airline well in advance of your travel date. In most
cases, airlines cannot insist on advance notice or health
certificates for service animals under the ACAA regulations.
However, it is very useful for passengers to contact the airline
well in advance if one or more of their service animals may need to
be transported in the cargo compartment. The passenger will need to
understand airline policies and should find out what type of
documents the carrier would need to ensure the safe passage of the
service animal in the cargo compartment and any restrictions for
cargo travel that might apply (e.g., temperature conditions that
limit live animal transport).
If you are having difficulty receiving an appropriate
accommodation, ask the airline employee to contact the airline's
complaint resolution official (CRO). Part 382 requires all airlines
to have a CRO available during all hours of operation. The CRO is a
resource for resolving difficulties related to disability
accommodations.
Another resource for resolving issues related to
disability accommodations is the U.S. Department of Transportation's
aviation consumer disability hotline. The toll-free number is 1-800-
778-4838 (voice) and 1-800-455-9880 (TTY).
Glossary
Direct Threat to the Health or Safety of Others
A significant risk to the health or safety of others that cannot
be eliminated by a modification of policies, practices, or
procedures, or by the provision of auxiliary aids or services.
Fundamental Alteration
A modification that substantially alters the basic nature or
purpose of a program, service, product or activity.
Individual With a Disability
``Any individual who has a physical or mental impairment that,
on a permanent or temporary basis, substantially limits one or more
major life activities, has a record of such an impairment, or is
regarded as having such an impairment.'' (Section 382.3).
Qualified Individual With a Disability
Any individual with a disability who:
(1) ``takes those actions necessary to avail himself or herself
of facilities or services offered by an air carrier to the general
public with respect to accompanying or meeting a traveler, use of
ground transportation, using terminal facilities, or obtaining
information about schedules, fares or policies'';
(2) ``offers, or makes a good faith attempt to offer, to
purchase or otherwise validly to obtain * * * a ticket'' ``for air
transportation on an air carrier''; or
(3) ``purchases or possesses a valid ticket for air
transportation on an air carrier and presents himself or herself at
the airport for the purpose of traveling on the flight for which the
ticket has been purchased or obtained; and meets reasonable,
nondiscriminatory contract of carriage requirements applicable to
all passengers.'' (Section 382.3).
Service Animal
Any animal that is individually trained or able to provide
assistance to a qualified person with a disability; or any animal
shown by documentation to be necessary for the emotional well-being
of a passenger.
[[Page 64395]]
Sources
In addition to applicable provisions of part 382, the sources
for this guidance include the following: ``Guidance Concerning
Service Animals in Air Transportation,'' (61 FR 56420-56422,
(November 1, 1996)), ``Commonly Asked Questions About Service
Animals in Places of Business'' (Department of Justice, July, 1996),
and ``ADA Business Brief: Service Animals'' (Department of Justice,
April 2002).
Appendix B to Part 382--Disability Complain Reporting Form
Disability Complaint Reporting Form [Reserved]
[FR Doc. 04-24371 Filed 11-3-04; 8:45 am]
BILLING CODE 4910-62-P