[Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)]
[Proposed Rules]
[Pages 64364-64395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24371]



[[Page 64363]]

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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

Federal Register / Vol. 69, No. 213 / Thursday, November 4, 2004 / 
Proposed Rules

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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: <a href="/cdn-cgi/l/email-protection#1c7e737e327d6f747e655c736f6832787368327b736a"><span class="__cf_email__" data-cfemail="ea888588c48b99828893aa85999ec48e859ec48d859c">[email protected]</span></a>.

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

[[Page 64365]]

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

[[Page 64368]]

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

[[Page 64369]]

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:
---------------------------------------------------------------------------

    \1\ 61 FR 56409, 56420 (Nov. 1, 1996).
---------------------------------------------------------------------------

    (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.
---------------------------------------------------------------------------

    \2\ See Glossary for definition of this and other terms.
---------------------------------------------------------------------------

    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:
    <bullet> 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.
    <bullet> 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)).
    <bullet> 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
    <bullet> A ``direct threat to the health or safety of others,'' 
or
    <bullet> 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?''
    <bullet> 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).
    <bullet> 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.
    <bullet> 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).
    <bullet> 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.
---------------------------------------------------------------------------

    \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?

    <bullet> 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.
    <bullet> 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.
    <bullet> 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?

    <bullet> Ask if the passenger has documentation that satisfies 
the requirements for determining that the animal is a service animal 
(see discussion of ``Documentation'' above).
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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?

    <bullet> 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.
    <bullet> 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?

    <bullet> 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?

    <bullet> 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?

    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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)).
    <bullet> 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

    <bullet> 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?
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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).
    <bullet> 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.
    <bullet> 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


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