Vol. 77 Thursday, 

No. 129 July 5, 2012 

Part II 

Department of Transportation 

Office of the Secretary 

14 CFR Part 382 

Nondiscrimination on the Basis of Disability in Air Travel: Draft Technical 

Assistance Manual; Proposed Rule 


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39800 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 

1When the TAM is published in its final form, 

it will contain an Alphabetical Index and a Part 382 

Index as well as specific page numbers for the 

various subject areas listed in the Table of Contents. 

However, because the pagination of the TAM is not 

yet final, the Table of Contents simply lists the 

topics covered in the TAM and the indices are not 

included in this publication of the document. 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 382 

[Docket No. DOT–OST–2012—0098] 

Nondiscrimination on the Basis of 

Disability in Air Travel: Draft Technical 

Assistance Manual 

AGENCY: Office of the Secretary, U.S. 

Department of Transportation (DOT). 

ACTION: Request for comments. 

SUMMARY: The Department of 

Transportation is updating its technical 

assistance manual (TAM) for airlines 

and passengers with disabilities 

concerning their rights and 

responsibilities under the Air Carrier 

Access Act (ACAA) and its 

implementing regulation. This draft 

updated TAM is being published in the 

Federal Register to insure a full 

opportunity for public comment before 

the document is published in final form. 

DATES: Comments must be received 

October 3, 2012. The Department will 

consider late-filed comments only to the 

extent practicable. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2012–0098 by any of the following 

methods: 

Æ Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

written comments. 

Æ Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave. SE., Room W12–140, 

Washington, DC 20590–0001. 

Æ Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave. SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal Holidays. 

Æ Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2012–0098 at the beginning of 

your comment. All comments received 

will be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment if 

submitted on behalf of an association, a 

business, a labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Swafford-Brooks, Chief of the Civil 

Rights Compliance Branch, Office of the 

Assistant General Counsel for Aviation 

Enforcement and Proceedings, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W96– 

464, Washington, DC 20590. 

Lisa.Swaffordbrooks@dot.gov. You may 

also contact Blane A. Workie, Deputy 

Assistant General Counsel, Office of the 

Assistant General Counsel for Aviation 

Enforcement and Proceedings, 

Department of Transportation, 1200 

New Jersey Avenue SE., Room W96– 

464, Washington, DC 20590. 

Blane.Workie@dot.gov. Arrangements to 

receive this notice in an alternative 

format may be made by contacting the 

above named individuals. 

SUPPLEMENTARY INFORMATION:ON APRIL 5, 

2000, THE WENDELL H. FORD AVIATION

INVESTMENT AND REFORM ACT FOR THE

21ST CENTURY (AIR–21) REQUIRED DOT TO

PROVIDE A TECHNICAL ASSISTANCE MANUAL

TO AIR CARRIERS AND INDIVIDUALS WITH

DISABILITIES CONCERNING THEIR RIGHTS

AND RESPONSIBILITIES UNDER THE AIR

CARRIER ACCESS ACT AND DOT

REGULATIONS. IN RESPONSE TO THE

LEGISLATIVE MANDATE, ON APRIL 20, 2005, 

THE DEPARTMENT PUBLISHED A DRAFT TAM

IN THE Federal Register AND REQUESTED

PUBLIC COMMENT. SEE 70 FR 20640. AFTER

REVIEWING THE COMMENTS RECEIVED AND

MAKING CHANGES TO THE TAM WHERE

APPROPRIATE, THE DEPARTMENT ISSUED A

FINAL TAM ON JULY 19, 2005. SEE 70 FR

41482. Since that time, DOT has made 

significant changes to Part 382, the rule 

implementing the Air Carrier Access 

Act. On May 13, 2008, DOT issued an 

amendment to 14 CFR part 382, which 

among other things, extended its 

applicability to foreign air carriers and 

added new provisions concerning the 

onboard use of respiratory assistive 

devices and accommodations for 

passengers who are deaf, hard of 

hearing, and deaf-blind. See 73 FR 

27614. The final rule became effective 

on May 13, 2009. The Department has 

also issued guidance that interprets or 

explains further the text of the rule. See 

e.g., Use of passenger-supplied 

electronic respiratory assistive devices 

on aircraft, October 28, 2009; Answers 

to Frequently Asked Questions 

Concerning Air Travel of People with 

Disabilities Under the Amended Air 

Carrier Access Act Regulation, May 13, 

2009. http://airconsumer.dot.gov/rules/ 

guidance.htm. We believe these 

guidance documents as well as the rule 

itself would be more readily 

understandable and useful if reflected in 

the TAM. As a result, DOT is now 

updating the 2005 TAM to provide 

guidance that covers the changes that 

have been made to Part 382. The 

Department recognizes that there are a 

number of ongoing rulemakings 

regarding Part 382 and that these 

rulemakings may necessitate future 

revisions to the TAM. 

Purpose 

Similar to the 2005 TAM, this 

updated draft manual does not expand 

U.S. or foreign air carriers’ legal 

obligations or establish new 

requirements under the law. The 

primary purpose of the manual is to 

help employees and contractors of 

airlines to assist passengers with 

disabilities in accordance with the law. 

Another purpose is to provide air 

travelers with disabilities information 

about their rights under the ACAA and 

the provisions of Part 382. 

Organization 

The updated TAM, like its 

predecessor, follows the chronological 

path of an air traveler with a disability 

from making a reservation through the 

completion of the trip. Each section of 

the TAM is discussed in the context of 

the particular stage of a trip and is 

designed to be a separate stand-alone 

product. For example, the TAM 

includes separate chapters on assisting 

air travelers with disabilities planning a 

trip, assisting air travelers with 

disabilities at the airport, assisting air 

travelers with disabilities boarding, 

deplaning and during the flight, and 

assisting air travelers with disabilities 

with their complaints. In addition, the 

TAM contains a chapter on sensitivity 

and awareness issues when interacting 

with people with disabilities as well as 

a chapter on tips for communicating and 

interacting with individuals with 

specific types of disabilities.1 The TAM 

also has four appendices providing 

additional information and, in some 

cases, resources for specific audiences. 

We believe organizing the information 

in this sequential manner will make it 

easier for employees and contractors of 

airlines, as well as air travelers with 


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2See Section D of this chapter for keyword 

definitions including a definition of ‘‘qualified 

individuals with disabilities.’’ 

3The 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. 

disabilities, to find the information most 

relevant and useful to them. 

Issued this 15th day of June 2012, in 

Washington, DC. 

Samuel Podberesky, 

Assistant General Counsel for Aviation 

Enforcement and Proceedings, U.S. 

Department of Transportation. 

What Airline Employees, Airline 

Contractors, and Air Travelers With 

Disabilities Need To Know About 

Access to Air Travel for Persons With 

Disabilities 

A Guide to Air Carrier Access Act 

(ACAA) and Its Implementing 

Regulation, 14 CFR Part 382 (Part 382) 

Contents 

Chapter 1: Understanding How to Use This 

Manual 

A. Introduction 

B. Background 

C. Scope of This Manual 

D. Keyword Definitions 

E. Acronyms 

Chapter 2: Learning the Basics About the Law 

Protecting Air Travelers With Disabilities 

A. The Statute and the Regulation 

B. Applying Part 382 Requirements 

C. Questions on Foreign Carrier Flights 

D. Conflicts of Law Waivers 

E. Equivalent Alternative Determinations 

F. Assisting Passengers With Disabilities 

G. Part 382 Highlights 

Chapter 3: Assisting Air Travelers With 

Disabilities Planning a Trip 

A. Advance Notice 

B. Information About the Aircraft 

C. Mobility Aids and Assistive Devices 

D. Service Animals 

E. Accommodations for Air Travelers With 

Hearing Impairments 

F. Communicable Disease 

G. Medical Certificates 

H. Your Obligation To Provide Services 

and Equipment 

I. Safety Assistants 

Chapter 4: Assisting Air Travelers With 

Disabilities at the Airport 

A. Accessibility of Terminal Facilities and 

Services 

B. Security Screening for Air Travelers 

With a Disability 

C. Air Travelers With a Disability Moving 

Through the Terminal and Changing 

Airplanes 

D. Accommodations for Air Travelers With 

Vision or Hearing Impairments 

E. Safety Assistants 

Chapter 5: Assisting Air Travelers With 

Disabilities Boarding, Deplaning, and 

During the Flight 

A. Aircraft Accessibility 

B. Seating Assignments and 

Accommodations 

C. Boarding and Deplaning Assistance 

D. Stowing and Treatment of Assistive 

Devices 

E. Services and Information Provided in 

the Cabin 

F. Safety Briefings 

Chapter 6: Assisting Air Travelers With 

Disabilities With Their Complaints 

A. Complaints Resolution Officials (CROs) 

B. Handling Passenger Complaints 

C. ACCESS: An Approach for Resolving 

Complaints 

D. General Complaint Resolution Tips 

E. Categorizing, Recording, and Reporting 

Written Disability-Related Complaints 

Chapter 7: Interacting with Individuals With 

Disabilities 

A. Terminology 

B. Physical, Mental, and Psychological 

Impairments 

C. Tips for Interacting With Individuals 

With Disabilities 

Chapter 8: Personnel Training 

A. U.S. and Foreign Carriers That Operate 

Aircraft With 19 or More Passenger Seats 

B. U.S. and Foreign Carriers That Operate 

Aircraft With Fewer Than 19 Passenger 

Seats 

C. Training Records 

Alphabetical Index 

Part 382 Index 

Appendix I Table of Effective Dates 

Appendix II Tips for Air Travelers with 

Disabilities 

Appendix III Airline Management-Related 

Issues 

Appendix IV FSAT 04–01A Location and 

Placement of Service Animals on 

Aircraft Engaged in Public Air 

Transportation 

Chapter 1: Understanding How To Use 

This Manual 

A. Introduction 

B. Background 

C. Scope of This Manual 

D. Keyword Definitions 

E. Acronyms 

A. Introduction 

Purpose of the Manual 

This manual is a guide to the Air 

Carrier Access Act (ACAA), 49 U.S.C. 

41705, and its implementing regulation, 

Title 14, Code of Federal Regulations 

(14 CFR) Part 382, Nondiscrimination 

on the Basis of Disability in Air Travel. 

It is designed to serve as an 

authoritative source of information 

about the services, facilities, and 

accommodations required by the ACAA 

and Part 382. Note, however, that this 

manual does not expand carriers’ legal 

obligations or establish new 

requirements under the law. 

The primary purpose of the manual is 

to help carriers and indirect carriers and 

their employees/contractors that 

provide services or facilities to 

passengers with disabilities, assist those 

passengers in accordance with Part 382. 

Knowing your legal responsibilities will 

help ensure consistent compliance with 

Part 382 and protect the civil rights of 

air travelers with disabilities when you 

provide services, facilities, and 

accommodations to them. 

The second purpose of this manual is 

to offer air travelers with disabilities 

information about their rights under the 

ACAA and Part 382. 

Styles 

1. Use of the Word ‘‘You’’ 

Unless otherwise noted, throughout 

the manual the word ‘‘you’’ refers to 

carriers, indirect carriers, or the 

employees/contractors of both carriers 

and indirect carriers. In most cases, the 

word ‘‘you’’ refers to personnel who 

deal directly with the traveling public. 

In addition, the obligations and 

responsibilities under Part 382 as 

discussed in the manual must be read 

within the context of each specific 

employee’s duties on the job. 

2. Italics and Bold Text 

Italics and boldfaced type are used 

throughout the manual to draw 

attention to a subtle requirement or for 

emphasis. 

B. Background 

U.S. Air Carriers 

In 1986, Congress passed the ACAA, 

which prohibits discrimination by U.S. 

air carriers against qualified individuals 

with disabilities.2 In 1990, the 

Department of Transportation (DOT) 

published Part 382, the regulations 

defining the rights of passengers with 

disabilities and the obligations of U.S. 

air carriers under the ACAA (55 FR 

8008; March 6, 1990). Since then, these 

regulations have been amended many 

times.3 In addition, the DOT has 

provided guidance to air carriers to 

further explain the ACAA and Part 382 

in the following ways: 

• Preambles to regulatory 

amendments; 

• Industry letters; 

• Correspondence with individual 

carriers or complainants; 

• DOT enforcement actions; 

• Web site postings, 

• Conducting public forums on Part 

382, and 

• Informal conversations between 

DOT staff and interested members of the 

public. 

Foreign Air Carriers 

On April 5, 2000, the Wendell H. Ford 

Aviation Investment and Reform Act for 

the 21st Century (‘‘AIR–21’’), Public 

Law 106–181, amended the ACAA 


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specifically to cover foreign air carriers. 

On November 4, 2004, the DOT 

published a notice of proposed 

rulemaking (NPRM) proposing to extend 

the provisions of Part 382 to foreign 

carriers (69 FR 64364). On May 13, 

2008, the DOT published a final rule (73 

FR 27614) amending Part 382 to cover 

foreign air carriers. That revised final 

rule became effective on May 13, 2009. 

Other Part 382 Changes 

The DOT also published NPRMs 

addressing medical oxygen and portable 

respiratory assistive devices (70 FR 

53108; September 7, 2005) and 

accommodations for passengers who are 

deaf or hard-of-hearing (71 FR 9285; 

February 23, 2006). As a result of those 

NPRMs, the final rule revising Part 382 

to cover foreign carriers, also included 

new provisions concerning passengers 

who use medical oxygen and passengers 

who are deaf or hard-of-hearing. The 

final rule also reorganized and updated 

the entire ACAA rule (Part 382). 

Development and Update of Technical 

Assistance Manual 

In 2000, Congress required DOT to 

create a technical assistance manual to 

provide guidance to individuals and 

entities with rights or responsibilities 

under the ACAA. See 49 U.S.C. 

41705(c). Responding to that mandate, 

the DOT published a manual in the 

Federal Register on July 19, 2005 (70 FR 

41482). This manual is the second 

version of DOT’s Technical Assistance 

Manual and incorporates material from 

the most recent amendments to Part 382 

and the DOT policy guidance discussed 

above. The DOT published the draft 

manual in the Federal Register to 

provide an opportunity for public 

comment before it published the manual 

in its final form. This manual 

supersedes the first Technical 

Assistance Manual dated July 19, 2005, 

and is available for download, in PDF 

format, from http://airconsumer.dot.gov. 

C. Scope of This Manual 

Organization 

This manual is organized 

chronologically to reflect the steps in a 

passenger’s trip and the associated 

requirements of Part 382, as follows: 

• Planning a flight, 

• At the airport, 

• Boarding, deplaning, and making 

connections, 

• Assistance services during a flight, 

and 

• Responding to disability-related 

complaints. 

This manual also contains the 

following tools to assist you in quickly 

and easily finding the answer to your 

questions: 

• A Table of Contents at the front of 

the manual; 

• An Alphabetical Index at the back 

of the manual; and 

• A Part 382 Index listing the 

citations to Part 382 at the back of the 

manual. 

In addition, the following appendixes 

appear at the end of the manual: 

• Appendix I: Table of Effective Dates 

• Appendix II: Tips for Air Travelers 

with Disabilities as they relate to the 

most commonly-used accommodations, 

facilities, and services that carriers are 

required to make available to such 

passengers; 

• Appendix III: Airline ManagementRelated Issues addressing topics 

applicable mainly to carrier 

management, as opposed to frontline 

customer service personnel; 

Applicability 

As with Part 382, the topics discussed 

in this manual apply to both U.S. and 

foreign carriers unless otherwise 

specified. (§ 382.7(e)) 

Web Links 

The following web links are provided 

for you to review and download 

information related to Part 382 and/or 

the ACAA: 

• A list of frequently asked questions 

and answers (http:// 

airconsumer.dot.gov/SA_Disability.htm) 

• A list of recent DOT enforcement 

orders related to the ACAA (http:// 

airconsumer.dot.gov/SA_Disability.htm) 

• The full text of Part 382 (http:// 

airconsumer.dot.gov/SA_Disability.htm) 

• A listing of conflict of law waiver 

determinations (http:// 

www.regulations.gov under Docket 

Number DOT–OST–2008–0272) 

• A listing of equivalent alternative 

determinations (http:// 

www.regulations.gov under Docket 

Number DOT–OST–2008–0273) 

• Guidance concerning service 

animals (http://airconsumer.ost.dot.gov/ 

rules/20030509.pdf) 

• Guidance on transporting service 

animals to the United Kingdom (http:// 

airconsumer.ost.dot.gov/rules/ 

UK–ServiceAnimalGuidance.pdf) 

Legal Requirements and Customer 

Service 

This manual highlights the difference 

between actions you must take to 

comply with Part 382 and actions that 

you may choose to take to provide 

superior customer service to passengers 

with disabilities. Legal requirements are 

generally designated by the word 

‘‘must’’ in the manual. Words such as 

‘‘should’’ or ‘‘may,’’ indicate 

accommodations that Part 382 does not 

require but that DOT recommends and 

that you may decide to provide as a 

matter of good customer service. 

Safety 

Where applicable, this manual 

discusses how to properly and lawfully 

consider aircraft and passenger safety 

when providing transportation to 

passengers with disabilities. Part 382 

does not require or authorize you to 

disregard Federal Aviation 

Administration (FAA), Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA), or foreign 

government safety regulations. Where 

an FAA, PHMSA, or foreign government 

safety regulation requires different 

treatment of passengers with disabilities 

or other restrictions, Part 382 states you 

must comply with the FAA, PHMSA, or 

foreign government safety regulation. 

For example, if an FAA safety rule 

provides that only persons who can 

perform certain functions can sit in an 

exit row, then you must request that an 

individual unable to perform those 

functions (regardless of whether that 

individual has a disability) sit in 

another row. If the passenger refuses, 

you may properly deny transportation to 

such passengers. (§ 382.7(g)) 

However, where an optional carrier 

action that is not required by FAA, 

PHMSA, or foreign government safety 

rules would result in different treatment 

of passengers with disabilities, or in 

other restrictions, then the ACAA and 

the provisions of Part 382 prohibit you 

from implementing the optional carrier 

action. 

Example: Suppose ABC Airways required 

only passengers with disabilities—not all 

passengers—to provide correct answers to a 

quiz about the content of a safety briefing and 

a passenger with a disability either refused to 

respond or failed such a quiz. It would not 

be appropriate to deny transportation to a 

passenger with a disability on such grounds 

unless the carrier’s policies and procedures 

consistently treated all passengers in a 

similar manner. 

In short, Part 382 is consistent with 

FAA, PHMSA, and foreign government 

safety requirements, as it requires you to 

comply with those regulations and 

ensure that the safe completion of the 

flight or the health and safety of other 

passengers are not jeopardized. 

Determinations about whether an FAA, 

PHMSA, or foreign government 

regulation requires different treatment 

of a passenger with a disability for 

safety reasons often depend on the 

circumstances you encounter. 

Therefore, it is important that you seek 

information from passengers with 


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4The Transportation Security Administration has 

developed a Web site and a hotline for travelers 

with disabilities and medical conditions. The Web 

site is http://www.tsa.gov/travelers/airtravel/ 

disabilityandmedicalneeds/tsa_cares.shtm and the 

hotline phone number is 1–855–787–2227. 

5ACCESS is a memory aid to Ask, Call, Check, 

Evaluate, Solve, and Satisfy, for use when resolving 

complaints. 

disabilities and their traveling 

companions and make a reasonable 

judgment considering all available 

information. 

The FAA safety regulations can be 

found in 14 CFR parts 1 through 199, 

and in FAA guidance materials that 

provide additional information about 

these regulations (see http:// 

www.faa.gov, click on Federal Aviation 

Regulations (FAR) under Regulations 

and Guidelines). The applicable 

PHMSA regulations can be found in 49 

CFR parts 171 through 185 and PHMSA 

guidance materials that provide 

additional information about these 

regulations (see http:// 

www.phmsa.dot.gov, click on 

Regulations under Promoting Safety and 

Security). For foreign government safety 

requirements consult the applicable 

government’s civil aviation authority. 

Security 

This manual addresses security 

procedures which affect or may affect 

the types of accommodations and 

services provided to passengers with 

disabilities. You must comply with 

Transportation Security Administration 

(TSA) regulations and foreign 

government security regulations having 

a legally mandatory effect applicable to 

you. (§ 382.7(g)) 4

Part 382 is consistent with security 

requirements mandated by the TSA. For 

example, TSA has strict rules as to who 

can go beyond the airport screening 

checkpoints, but these TSA rules are 

consistent with Part 382 and do not 

invalidate your obligation to provide 

boarding and deplaning assistance 

requested by passengers with 

disabilities, including assistance beyond 

airport screening checkpoints. You have 

discretion in how that assistance is 

provided. You can provide (1) A ‘‘pass’’ 

allowing an individual who needs to 

assist a passenger with a disability to go 

through the airport screening 

checkpoint without a ticket; (2) 

assistance directly to the passenger; or 

(3) both. For foreign government 

security requirements, refer to screening 

procedures established by the law of the 

country in which the airport is located. 

Contractors 

This manual recognizes the important 

role that contractors play in providing 

services, equipment, and other 

accommodations to passengers with 

disabilities. A contractor is an entity 

that has a business arrangement with a 

carrier to perform functions that the 

ACAA and Part 382 would otherwise 

require the carrier to perform with its 

own employees. Contractors provide a 

variety of services on behalf of carriers 

in furnishing assistance to persons with 

disabilities. For example, contractors 

often provide— 

• Wheelchair service; 

• Assistance to passengers with 

disabilities in getting on and off aircraft; 

• Transportation to passengers with 

disabilities between departure gates; 

and 

• Ground handling of passengers’ 

wheelchairs and other assistive devices. 

Contractors must provide the same 

services, equipment, and other 

accommodations as those required of a 

carrier and its employees under the 

ACAA and Part 382. As an employee of 

a contractor, you are required to follow 

the ACAA and Part 382 when providing 

services, equipment, and other 

accommodations to passengers with 

disabilities. If you do not follow the 

ACAA and Part 382, the carrier is 

subject to DOT enforcement action for 

your failure to comply with those 

mandates. In essence, although a carrier 

may contract out various services and 

accommodations required by Part 382, a 

carrier may not contract away its 

responsibilities to ensure compliance 

with the rule. 

ACCESS 

• ACCESS 5 is a step-by-step process 

for resolving issues involving 

passengers with disabilities. A detailed 

discussion of ACCESS appears in 

Chapter 6: Assisting Air Travelers with 

Disabilities with their Complaints. 

Whether the issue involves the 

requirements of the ACAA and Part 382, 

customer service, or both, the ACCESS 

checklist will be useful in identifying 

the needs of passengers with disabilities 

and determining what accommodations 

carriers are required to provide. See 

Chapter 6, Section C, Access, An 

Approach for Resolving Complaints. 

Training 

• DOT regards thorough training of 

carrier personnel who interact with 

passengers with disabilities as vital for 

good service to those passengers and 

compliance with the ACAA and Part 

382. A detailed discussion of employee/ 

contractor training requirements can be 

found in Chapter 8: Personnel Training 

and Appendix II, Airline ManagementRelated Issues. In addition, the DOT has 

developed an interactive model training 

program (MTP) on the ACAA and Part 

382. You can view this module at http:// 

airconsumer.dot.gov. 

D. Keyword Definitions 

Following is a list of keyword 

definitions to help you fully understand 

the information in this manual. 

Air Carrier Access Act (ACAA): The 

Air Carrier Access Act of 1986, as 

amended, is the statute that provides the 

principal authority for 14 CFR part 382. 

The ACAA prohibits discrimination by 

U.S. and foreign carriers against 

qualified individuals with disabilities. 

Air Transportation: Interstate or 

foreign air transportation, or the 

transportation of mail by aircraft, as 

defined in 49 U.S.C. 40102. (§ 382.3). 

Assistive Device: 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. (§ 382.3). 

Battery-powered mobility aid: An 

assistive device that is used by 

individuals with mobility impairments, 

such as a wheelchair, a scooter, or a 

Segway when it is used as a mobility 

device by a person with a mobilityrelated disability. (§ 382.3). 

Carrier: A U.S. citizen (‘‘U.S. carrier’’) 

or foreign citizen (‘‘foreign carrier’’) that 

undertakes, directly or indirectly, or by 

a lease or any other arrangement, to 

engage in air transportation. (§ 382.3). 

Commuter carrier: An air taxi 

operator as defined in 14 CFR Part 298 

that carries passengers on at least five 

round trips per week on at least one 

route between two or more points 

according to its published flight 

schedules that specify the times, days of 

the week and places between which 

those flights are performed. (§ 382.3). 

Complaints Resolution Official (CRO): 

An individual designated by a carrier 

who has the authority to resolve 

disability-related complaints on behalf 

of the carrier. The CRO must be 

thoroughly familiar with— 

(1) The requirements of Part 382; 

(2) The carrier’s policies and 

procedures addressing Part 382; and 

(3) The provision of services, 

facilities, and accommodations to 

passengers with disabilities. 

A CRO must be available (1) in person 

at the airport; or (2) via telephone and 

Text Telephones (TTY), or a similarly 

effective technology, at all times the 

carrier is operating. As a foreign carrier, 

you must make a CRO available as noted 

above at each airport serving flights you 


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operate that begin and end at a U.S. 

airport. (§ 382.151). 

Conflict of Law Waiver: Upon the 

request of a carrier, DOT may determine 

there is a contradiction between a Part 

382 requirement and an applicable 

foreign legal mandate that precludes the 

carrier from compliance with both legal 

requirements. If DOT makes such a 

determination, the carrier would 

continue to follow the binding foreign 

legal mandate rather than the conflicting 

Part 382 provision. (§ 382.9). 

Contractor: A contractor is an entity 

that has a business arrangement with a 

carrier to perform functions that the 

carrier would otherwise be required to 

perform with its own employees under 

the ACAA and Part 382. For example, 

carriers often have business 

arrangements with companies to 

provide wheelchair service to 

passengers with disabilities or to handle 

baggage and assistive devices. 

(§ 382.11). 

Contractor Employee: An individual 

that works for an organization that has 

a business arrangement with one or 

more carriers to provide services, 

facilities, and other accommodations to 

passengers with disabilities. (§ 382.11). 

CPAP machine: A continuous positive 

airway pressure machine. (§ 382.3). 

Department or DOT: The United 

States Department of Transportation. 

(§ 382.3). 

Direct Threat: 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. 

(§ 382.3). 

DOT Disability Hotline or Hotline: 

DOT’s toll-free telephone hotline system 

that provides general information to 

consumers about the rights of air 

travelers with disabilities, responds to 

requests for printed consumer 

information, and assists air travelers 

with time-sensitive disability-related 

issues. The hours for the hotline are 

9 a.m. to 5 p.m. eastern time, Monday 

through Friday except Federal holidays. 

Air travelers who experience disabilityrelated air travel service concerns or 

issues may call the hotline at 1–800– 

778–4838 (voice) or 1–800–455–9880 

(TTY) to receive assistance. Air travelers 

who would like the DOT to investigate 

complaints about a disability issue must 

submit their complaints in writing or 

via email. (see http:// 

airconsumer.dot.gov/hotline.htm). 

Equivalent alternative: A policy, 

practice, or other accommodation that 

provides substantially equivalent 

accessibility to passengers with 

disabilities, compared to compliance 

with a provision of Part 382. (§ 382.3). 

Expected maximum flight duration: 

The carrier’s best estimate of the total 

duration of the flight from departure 

gate to arrival gate, including taxi time 

to and from the terminals, based on the 

scheduled flight time and factors such 

as (1) Wind and other weather 

conditions forecast; (2) anticipated 

traffic delays; (3) one instrument 

approach and possible missed approach 

at destination; and (4) any other 

conditions that may delay arrival of the 

aircraft at the destination gate. (§ 382.3). 

FAA: The Federal Aviation 

Administration, an operating 

administration of the DOT. The FAA’s 

mission is to provide the safest, most 

efficient aerospace system in the world. 

(http://www.faa.gov and § 382.3). 

Facility: A carrier’s aircraft and any 

portion of an airport that a carrier owns, 

leases, or controls (for example, 

structures, roads, walks, parking lots, 

ticketing areas, baggage drop-off and 

retrieval sites, gates, other boarding 

locations, jet bridge) normally used by 

passengers or other members of the 

public. (§ 382.3). 

High-Contrast Captioning: Captioning 

that is at least as easy to read as white 

letters on a consistent black background. 

(§ 382.3). 

Indirect Carrier: 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 a carrier. (§ 382.3). 

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 a physical or mental 

impairment that, on a permanent or 

temporary basis, substantially limits one 

or more major life activities; or 

• Is regarded as having a physical or 

mental impairment that, on a permanent 

or temporary basis, substantially limits 

one or more major life activities. 

(§ 382.3). 

On-Demand Air Taxi: An air taxi 

operator that carries passengers or 

property and is not a ‘‘commuter 

carrier’’ as defined above. (§ 382.3). 

PHMSA: The Pipeline and Hazardous 

Materials Safety Administration, an 

operating administration of the 

Department of Transportation. (http:// 

www.phmsa.dot.gov and § 382.3). 

POC: A portable oxygen concentrator. 

(§ 382.3). 

Qualified Individual With a Disability: 

An individual with a disability— 

(1) Who, as a passenger— 

• Purchases, offers to purchase, or 

otherwise validly obtains a ticket for air 

transportation; 

• Presents himself or herself at the 

airport for the purpose of traveling on 

the flight; and 

• Meets reasonable, 

nondiscriminatory contract of carriage 

requirements applicable to all 

passengers. 

(2) Who accompanies or meets a 

traveler, using ground transportation or 

terminal facilities, or seeks to obtain 

information about schedules, fares, 

reservations, or policies and takes those 

actions necessary to use facilities or 

services offered by a carrier to the 

general public, with reasonable 

accommodations, as needed, provided 

by the carrier. (§ 382.3). 

Scheduled Service: 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. 

(§ 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 to 

support a passenger with an emotional 

or mental disability. 

Dogs, cats, and monkeys are among 

the types of animals that have been 

trained to act as service animals. Service 

animals may assist people with 

disabilities by, for example— 

• Guiding persons with vision 

impairments; 

• Alerting persons with hearing 

impairments to specific sounds; 

• Alerting persons with epilepsy of 

imminent seizure onset; 

• Pulling a wheelchair; 

• Carrying items a passenger cannot 

readily carry while using his or her 

wheelchair; 

• Assisting persons with mobility 

impairments to open and close doors, 

retrieve objects, transfer from one seat to 

another, and maintain balance; and 

• Providing support for persons with 

emotional or mental disabilities. 

(§ 382.117 and Appendix III, Guidance 

Concerning Service Animals, and 

Chapter 3, Section D, Service Animals.). 

Text Telephones (TTY): TTYs are 

devices that allow individuals who are 

unable to use a regular telephone to 

make or receive telephone calls by 

enabling them to type their 

conversations. (Chapter 4, Section D, 

Accommodations for Air Travelers with 

Vision or Hearing Impairments). 

Transportation Security 

Administration (TSA): An 

administration within the Department of 

Homeland Security that is charged with 

protecting the Nation’s transportation 

systems to ensure freedom of movement 


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for people and commerce. (http:// 

www.tsa.gov and § 382.3). 

United States or U.S.: The United 

States of America, including its 

territories and possessions. 

E. Acronyms 

Following is a list of acronyms used 

in this manual. 

ACAA Air Carrier Access Act 

ACCESS Ask, Call, Check, Evaluate, Solve, 

and Satisfy 

ADAAG Americans with Disabilities Act 

Accessibility Guidelines 

AIDS Acquired Immune Deficiency 

Syndrome 

AIR-21 Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century 

ATP Advanced Turboprop 

CBP U.S. Customs and Border Protection 

CFR Code of Federal Regulations 

CPAP Continuous Positive Airway Pressure 

CRO Complaints Resolution Official 

DEFRA U.K. Department for Environment 

Food and Rural Affairs 

DOJ Department of Justice 

DOT Department of Transportation 

DSM–IV Diagnostic and Statistical Manual 

of Mental Disorders 

FAA Federal Aviation Administration 

FAQ Frequently Asked Questions 

FAR Federal Aviation Regulations 

HIV Human Immunodeficiency Virus 

IATA International Air Transport 

Association 

MTP Model Training Program 

NPRM Notice of Proposed Rulemaking 

OST Office of the Secretary of 

Transportation 

PHMSA Pipeline and Hazardous Materials 

Safety Administration 

PNR Passenger Name Record 

POC Portable Oxygen Concentrator 

RMOP Required Method of Operation 

RTCA Radio Technical Commission for 

Aeronautics 

SARS Severe Acute Respiratory Syndrome 

SFAR Special Federal Aviation Regulation 

SMS Short Message Service 

SSR Special Service Request 

TSA Transportation Security 

Administration 

TTY Text Telephones 

Chapter 2: Learning the Basics About 

the Law Protecting Air Travelers With 

Disabilities 

A. The Statute and the Regulation 

B. Applying Part 382 Requirements 

C. Questions on Foreign Carrier Flights 

D. Conflicts of Law Waivers 

E. Equivalent Alternative Determinations 

F. Assisting Passengers With Disabilities 

G. Part 382 Highlights 

A. The Statute and the Regulation 

• What does the Air Carrier Access 

Act (ACAA) say? The ACAA prohibits 

U.S. and foreign air carriers from 

discriminating against a qualified 

individual with a disability based on 

such disability in providing air 

transportation. See Chapter 1, Section C 

of this manual for a definition of a 

qualified individual with a disability. 

(49 U.S.C. 41705). 

• What is Title 14, Code of Federal 

Regulations (14 CFR) Part 382 (Part 

382)? Part 382 is a detailed set of rules 

that define U.S. and foreign air carriers’ 

responsibilities under the ACAA, as 

amended. Part 382 ensures that 

individuals with disabilities will be 

treated without discrimination, and 

requires U.S. and foreign air carriers 

(under certain conditions) to make 

aircraft, other facilities, and services 

accessible and take steps to 

accommodate a passenger with a 

disability. (§ 382.1). 

B. Applying Part 382 Requirements 

• Who is protected by Part 382? Part 

382 protects three groups of individuals 

with disabilities: 

(1) Individuals with a physical or 

mental impairment that, on a permanent 

or temporary basis, substantially limits 

one or more major life activities; 

(2) Individuals with a record of such 

impairment; and 

(3) Individuals who are regarded as 

having such impairments, whether they 

have the impairment or not. 

(§ 382.3 and 49 U.S.C. 41705). 

• Who must comply with Part 382? 

The following organizations and 

individuals must comply with Part 382: 

(1) A U.S. air carrier and its 

employees (for example, ticket agents, 

gate agents, flight attendants, pilots, 

baggage handlers) with respect to all 

operations and aircraft, regardless of 

where those operations take place 

(unless otherwise noted in Part 382). 

(2) A foreign air carrier, its employees 

(such as ticket agents, gate agents, flight 

attendants, pilots, and baggage 

handlers), and its aircraft for flights that 

begin or end at a U.S. airport. Part 382 

does not apply to a foreign carrier for 

flights operating between two foreign 

points. However, a U.S. air carrier that 

participates in a codesharing 

arrangement with a foreign air carrier 

with respect to flights between two 

foreign points is responsible for 

ensuring compliance with Part 382, 

Subparts A through C, F through H, and 

K with respect to passengers traveling 

under its code on such a flight. 

(3) An authorized agent of a carrier 

(such as travel agents). 

(4) An organization and its employees 

that have business arrangements with a 

carrier to provide disability-related 

services (for example, wheelchair 

service, baggage handling). 

(5) An indirect air carrier and its 

employees (such as public charter 

operators) that provide facilities or 

services for other carriers that are 

covered by §§ 382.17 through 157. 

(§§ 382.3, 382.7(a), (c), and (f), 382.11(b) 

and 382.15). 

• When does Part 382 apply to U.S. 

carriers and foreign carriers? U.S. 

carriers and foreign carriers were 

required to comply with the 

requirements of current Part 382 on May 

13, 2009, except as otherwise noted in 

individual sections of Part 382. (§ 382.5) 

See Appendix I for a table of exceptions 

to the May 13, 2009, effective date. 

• What is the difference between an 

indirect air carrier and an agent? An 

indirect air carrier indirectly engages in 

air transportation by selling the services 

of a direct air carrier. (§ 382.3) An agent 

is an entity that has lawful authority to 

act on behalf of the operating carrier, 

indirect air carrier, or on behalf of the 

prospective passenger. An agent 

typically sells the product of a disclosed 

principal (e.g., a seat on a scheduled 

airline or on a charter flight), offering it 

at the price and terms set by the 

principal. 

Example: A tour operator or an air freight 

forwarder contracts for space on a wholesale 

level with an airline and the tour operator or 

air freight forwarder then re-sells space on 

that flight on a retail basis, setting their own 

price and terms, bearing the entrepreneurial 

risk of profit or loss rather than acting as an 

agent, and controlling the inventory and 

schedule. 

On the other hand, an agent, such as 

a retail travel agent, sells a product such 

as a seat on a scheduled airline or a 

charter flight, at a price and terms set by 

the airline. The travel agent is acting as 

an agent of the airline and is not an 

indirect air carrier. Concessionaires, 

suppliers, and other participants in the 

air travel system also are not indirect air 

carriers. 

• Do carriers have to make 

contractors comply with Part 382 

requirements? Yes, as a carrier, you 

must ensure that your contractors 

providing services to the public meet 

Part 382 requirements just as if you 

were performing those functions 

yourself. While you may contract out 

services, you may not contract away 

responsibilities. You must include an 

assurance of compliance with Part 382 

in your contracts with any contractors 

who provide services to the public that 

are subject to Part 382 requirements. For 

a U.S. carrier, an assurance of 

compliance must be included in your 

contracts with U.S. travel agents but not 

foreign travel agents. The Department of 

Transportation expects you to monitor 

the performance of your contractors to 

ensure that the contractors’ performance 

complies with Part 382. (§ 382.15). 


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C. Questions on Foreign Carrier Flights 

• For a passenger with a disability 

traveling on a foreign carrier, what is 

considered a ‘‘flight’’ covered under Part 

382? Flight means a continuous journey 

in the same aircraft or with one flight 

number that begins or ends at a U.S. 

airport. (§ 382.7(b)). 

The following are examples of flight 

scenarios involving foreign carriers. 

Example 1: A passenger books a nonstop 

flight on a foreign carrier from New York to 

Frankfurt, or Frankfurt to New York. Each of 

these is a ‘‘flight’’ covered by Part 382. 

Example 2: A passenger books a trip on a 

foreign carrier from New York to Prague. The 

foreign carrier flies nonstop to Frankfurt. The 

passenger deplanes in Frankfurt and boards 

a connecting flight (with a different flight 

number), on the same foreign carrier or a 

different carrier, which flies to Prague. The 

New York–Frankfurt leg of the trip is a 

‘‘flight’’ covered by Part 382; the Frankfurt– 

Prague leg is not a covered flight. On the 

reverse routing, the Prague–Frankfurt leg is 

not a covered flight for purposes of Part 382, 

while the Frankfurt–New York leg is a 

covered flight. 

Example 3: A passenger books a trip on a 

foreign carrier from New York to Prague. The 

aircraft stops for refueling and a crew change 

in Frankfurt. If, after deplaning in Frankfurt, 

the passengers originating in New York 

reboard the aircraft (or a different aircraft, 

assuming the flight number remains the 

same) and continue to Prague, they remain 

on a covered flight for purposes of Part 382. 

This is because their transportation takes 

place on a direct flight between New York 

and Prague, even though it had an interim 

stop in Frankfurt. This example also would 

apply in the opposite direction (Prague to 

New York via Frankfurt). 

Example 4: In Example 3 directly above, 

the foreign carrier is not subject to coverage 

under Part 382 with respect to a Frankfurt 

originating passenger who boards the aircraft 

and flies to Prague, or a Prague-originating 

passenger who deplanes in Frankfurt and 

does not continue to New York. 

• Does Part 382 apply to foreign 

carriers operating between two foreign 

points under a codeshare arrangement 

with a U.S. carrier? No, Part 382 does 

not generally apply to foreign carriers 

operating between two foreign points 

and transporting passengers flying 

under the U.S. carrier’s code. However, 

Part 382 applies to the U.S. carrier with 

respect to passengers traveling under its 

code. A U.S. carrier, not the foreign 

carrier, would be responsible for any 

violation of the service provisions of 

Subparts A through C, F through H, and 

K of Part 382 for a passenger traveling 

under the U.S. carrier’s code. 

(§ 382.7(c)). 

• Does Part 382 apply to foreign 

carrier charter flights? A charter flight 

on a foreign carrier originating from a 

foreign airport to a U.S. airport and 

returning to a foreign airport would not 

be covered if the carrier does not board 

any new passengers in the United States 

for the return flight. (§ 382.7(d)). 

D. Conflicts of Law Waivers 

• What may a carrier do if a provision 

of a foreign nation’s law conflicts with 

Part 382 requirements? Part 382 

contains a conflict of laws waiver 

provision to address conflicts with 

legally binding foreign legal mandates. 

For example, as a carrier, you may 

request a waiver from a Part 382 

requirement if a foreign law—(1) 

Requires you to do something 

prohibited by Part 382 or (2) prohibits 

you from doing something required by 

Part 382. Your U.S. carrier code share 

partner may file a waiver request on 

your behalf when a foreign law conflicts 

with a service-related provision of Part 

382. Note that a foreign carrier’s or 

foreign government’s policy, authorized 

practice, recommendation, or preference 

is not an appropriate basis for a conflict 

of laws waiver request. In addition, if 

you have discretion in complying with 

Part 382 under the foreign law then you 

must exercise that discretion by 

complying with Part 382. (§ 382.9). 

• What must a conflicts of law waiver 

request include? A conflicts of law 

waiver request must include: (1) A copy 

of the conflicting foreign law (in 

English); (2) a description of how the 

law applies and how it precludes you 

from complying with Part 382; and (3) 

your proposal for an alternative means 

of meeting the objective of the 

requirement or a justification of why it 

would be impossible to meet the 

requirement in any way. (§ 382.9(c)). 

• Is there a deadline for a carrier to 

file a conflict of law waiver request? 

DOT sought to encourage carriers to 

conduct a due diligence review of 

foreign legal requirements that may 

conflict with Part 382. Accordingly, 

foreign carriers that filed waiver 

requests by September 10, 2008 (within 

120 days of the publication date of the 

rule (May 13, 2008)), had a commitment 

from DOT that it would not take any 

enforcement action related to 

implementing the foreign law in 

question pending DOT’s response to the 

waiver request. (§ 382.9(e)). 

• Is a carrier subject to enforcement 

action while a conflict of law waiver 

request submitted after September 10, 

2008, is under DOT review? If the 

conflicting foreign law did not exist on 

September 10, 2008, you may continue 

to implement the policy or practice that 

is the subject of your request until the 

DOT responds to your request. The DOT 

will not take enforcement action with 

respect to your policy or practice while 

the waiver request is under its review. 

However, the DOT may begin an 

enforcement action if it finds that a 

carrier’s waiver request: (1) is frivolous 

or dilatory, (2) has not been submitted 

with respect to a certain policy or 

practice, or (3) has been previously 

denied and the carrier continues to 

follow the denied policy or practice. 

(§ 382.9(e) through (g)). 

• What must DOT determine to grant 

a conflicts of law waiver request? The 

DOT may grant the waiver request, or 

grant the request subject to conditions, 

if DOT determines: (1) The foreign law 

applies; (2) the foreign law does 

preclude compliance with a provision of 

Part 382; and (3) the carrier has 

provided an effective alternative means 

of achieving the Part 382 objective or 

has demonstrated by clear and 

convincing evidence that it would be 

impossible to achieve that objective in 

any way. (§ 382.9(d)). 

E. Equivalent Alternative 

Determinations 

• What is an equivalent alternative 

determination and when does a carrier 

have to file one? If, with respect to a 

specific accommodation, a carrier can 

demonstrate that what it wants to do 

will provide substantially equivalent 

accessibility to passengers with 

disabilities as compared with literal 

compliance with a particular provision 

of Part 382, it can file for an equivalent 

alternative determination. If the DOT 

agrees, it will determine that the carrier 

can comply with the rule using its 

alternative accommodation. Carriers 

must comply with Part 382 and cannot 

use their proposed equivalent 

alternative until and unless DOT 

approves it. (§ 382.10). 

• How does a carrier apply for an 

equivalent alternative determination? 

As a U.S. carrier or foreign carrier, you 

may apply to the DOT for a 

determination that you are providing an 

alternative to passengers with 

disabilities. Your application must be in 

English and include: (1) A citation of 

the specific provision to which you are 

proposing an equivalent alternative; (2) 

a detailed description of the alternative 

policy, practice, or other 

accommodation you are proposing to 

use in place of the Part 382 requirement 

cited above; and (3) an explanation of 

how it provides substantially equivalent 

accessibility to passengers with 

disabilities. 

If the DOT grants your application, 

you may comply with Part 382 through 

implementing your equivalent 

alternative. If the DOT denies your 

application, you must comply with Part 

382 as written. (§ 382.10). 


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F. Assisting Passengers With Disabilities 

• What is a physical or mental 

impairment? Physical impairment 

includes—(1) Any physiological 

disorder or condition; (2) cosmetic 

disfigurement; or (3) anatomical loss 

affecting one or more of the following 

body systems: 

Æ Neurological; 

Æ Musculoskeletal; 

Æ Special sense organs; 

Æ Respiratory, including speech 

organs; 

Æ Cardiovascular; 

Æ Reproductive; 

Æ Digestive; 

Æ Genitourinary; 

Æ Hemic and lymphatic; 

Æ Skin; and 

Æ Endocrine. 

Examples of physical impairments 

include— 

Æ Orthopedic, visual, speech, and 

hearing impairments; 

Æ Cerebral palsy; 

Æ Epilepsy; 

Æ Muscular dystrophy; 

Æ Multiple sclerosis; 

Æ Cancer; 

Æ Heart disease; 

Æ Diabetes; and 

Æ Human Immunodeficiency Virus 

(HIV). 

Mental impairments include any 

mental or psychological disorder, such 

as mental retardation, organic brain 

syndrome, emotional or mental illness, 

and specific learning disabilities. 

(§ 382.3). 

• What is not considered a physical 

or mental impairment? Physical 

characteristics such as the color of one’s 

eyes, hair, or skin; baldness; and lefthandedness do not constitute physical 

impairments. Similarly, neither age nor 

obesity alone constitutes a physical 

impairment. Disadvantages due to 

cultural or economic factors are not 

covered by Part 382. Moreover, the 

definition of ‘‘physical or mental 

impairment’’ does not include 

personality traits such as poor judgment 

or a quick temper, where these are not 

symptoms of a mental or psychological 

disorder. 

• What is a substantial limitation on 

one or more major life activities? To 

qualify as a ‘‘disability’’ under Part 382 

a condition or disease must 

substantially limit a major life activity. 

Major life activities include, activities 

such as— 

Æ Caring for oneself, 

Æ Performing manual tasks, 

Æ Walking, 

Æ Seeing, 

Æ Hearing, 

Æ Speaking, 

Æ Breathing, 

Æ Learning, and 

Æ Working. (§ 382.3). 

• When does an impairment 

‘‘substantially limit’’ a major life 

activity? There is no absolute standard 

for determining when an impairment is 

a substantial limitation. Some 

impairments obviously limit the ability 

of an individual to engage in a major life 

activity as noted in the following 

examples. 

Example 1: A person who is deaf is 

substantially limited in the major life activity 

of hearing. 

Example 2: A person with traumatic brain 

injury may be substantially limited in the 

major life activities of: (a) Caring for himself 

or herself; and (b) working, because of 

memory deficiency, confusion, contextual 

difficulties, and the inability to reason 

appropriately. 

Example 3: An individual who is 

paraplegic may be substantially limited in 

the major life activity of walking. 

• Are temporary mental or physical 

impairments covered by Part 382? Yes. 

The definition of individual with a 

disability addresses any individual who 

has a temporary physical or mental 

impairment. (§ 382.3) See the following 

example: 

Example: While on a skiing trip, Jane 

breaks her leg and is placed in a cast that 

keeps her from bending her leg and walking 

without using crutches. Jane will eventually 

recover the full use of her leg, but in the 

meantime, she is substantially limited in the 

major life activity of walking. Because Jane’s 

broken leg will substantially limit a major life 

activity for a period of time, Jane would be 

considered to have a disability covered by 

Part 382 during that period. As a carrier, you 

would be required to provide her certain 

services and equipment under Part 382 if 

requested (for example, boarding and 

deplaning assistance, connecting wheelchair 

assistance, seating with additional leg room 

to the extent required by Part 382, and safe 

stowage of her crutches in the aircraft cabin 

in close proximity to her seat). 

• Who is a person with a ‘‘record of’’ 

a disability under Part 382? Part 382 

protects from discrimination an 

individual (1) who has a ‘‘record of’’ (a 

history of) a physical or mental 

impairment that substantially limits one 

or more major life activities or (2) who 

has been classified, or misclassified, as 

having such an impairment. Therefore, 

an individual who does not have a 

current actual impairment that 

substantially limits a major life activity 

would still be protected under Part 382 

based upon a past diagnosis (or a 

misdiagnosis) of an impairment that 

substantially limits a major life activity. 

Individuals with a history of cancer or 

epilepsy are examples of people with a 

record of impairment. (§ 382.3) The 

following example illustrates such a 

situation: 

Example: Adam, a passenger who has had 

severe epileptic seizures in the past that 

rendered him unable to work, is denied 

transportation by carrier personnel because 

of their concern that he may have a seizure 

on board the aircraft. This denial of 

transportation would be unlawful if based 

solely on the fact that Adam has had past 

seizures, because epilepsy may be controlled 

by medication. Carrier personnel can 

lawfully deny transport to Adam only if they 

reasonably believe, based on the information 

available, that his seizure disorder poses a 

real safety risk to him, or is a direct threat 

to other passengers. 

• When is a person ‘‘regarded as’’ 

having a disability? Part 382 protects an 

individual who is ‘‘regarded as’’ having 

a physical or mental impairment that 

substantially limits a major life activity, 

whether or not that person actually has 

an impairment. A person can be 

‘‘regarded as’’ disabled if— 

(1) His or her non-limiting or slightly 

limiting impairments are treated by an 

air carrier as substantially limiting; 

(2) He or she has no impairments but 

is treated by an air carrier as having a 

substantially limiting impairment; or 

(3) His or her impairments become 

substantially limiting because of the 

attitudes of others toward such 

impairments. (§ 382.3). 

See the following two examples. 

Example 1: Carrier personnel deny John, 

an individual with a mild heart condition 

controlled by medication, transportation 

because they believe that flying will cause 

him to have heart problems requiring the 

pilot to divert the aircraft during the flight. 

John’s condition does not substantially limit 

any major life activity. John has informed the 

air carrier personnel that his heart condition 

is controlled by medication and that for the 

past five years he has flown on a near weekly 

basis without incident. Even though John 

does not actually have an impairment that 

substantially limits a major life activity, he is 

protected by the provisions of Part 382 

because he is treated as though he does. The 

air carrier personnel’s refusal to provide 

transportation to John must be reasonable 

under the facts and circumstances presented. 

Arguably, excluding John from the flight was 

unreasonable because he had informed the 

air carrier employee that he was taking 

medication and that he had flown frequently 

in the recent past without incident. The 

reasonableness of the decision depends on 

John’s credibility and any additional 

information provided. Regardless of the 

reasonableness of the decision, the air carrier 

employee is legally required under 

§ 382.19(d) to provide a written explanation 

to John within 10 calendar days of the refusal 

of transportation detailing the specific safety 

or other reason(s) for excluding John from the 

flight. 

Example 2: Karen, an individual born with 

a prominent facial disfigurement, has been 

refused transportation on the grounds that 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
39808 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 

6The DOT has received Conflict of Laws waiver 

requests from some foreign carriers asserting that 

§ 382.17 conflicts with the European Aviation 

Safety Agency’s Joint Aviation Regulation–OPS 

1.260. Visit http://www.regulations.gov, select 

‘‘Agency Documents,’’ and enter ‘‘DOT–OST–2008– 

0272’’ to view Conflict of Laws waiver requests. 

her presence has upset several passengers 

who have complained to gate agents about 

her appearance. Karen’s physical 

disfigurement becomes substantially limiting 

only because of the attitudes of others and 

she is protected by the provisions of Part 382. 

Refusing to provide transportation to Karen 

would violate § 382.19(b) because you must 

not refuse to provide transportation to a 

qualified individual with a disability, such as 

Karen, solely because her appearance may 

offend or annoy other passengers. As in 

example 1 above, and regardless whether the 

decision to refuse transportation was correct, 

a carrier must provide Karen with a written 

explanation of the specific basis for the 

refusal within 10 calendar days of the 

incident. 

• When am I required to provide 

disability-related accommodations to an 

individual? You are required to provide 

such an accommodation when— 

(1) An individual with a disability or 

someone acting on his or her behalf, 

such as a travel companion, family 

member, or friend, requests an 

accommodation required by Part 382 or 

(2) You offer such a required 

accommodation to a passenger with a 

disability and he or she accepts such 

accommodation. 

• How do I determine whether a 

person is an individual with a 

disability? Provide an opportunity for 

the passenger to self-identify by asking 

how you can best assist him or her. (See 

for example, §§ 382.81, 382.85, 382.87, 

382.91, 382.93, 382.111). 

• May I ask an individual what his or 

her disability is? Generally, no. 

However, clarifying the nature of a 

disability may be required to determine 

if a passenger is entitled to a particular 

seating accommodation under sections 

382.81 through 382.87. You may not 

make inquiries about an individual’s 

disability or the nature or severity of the 

disability. However, you may ask 

questions about an individual’s ability 

to perform specific air travel-related 

functions, such as boarding, deplaning, 

and walking through the airport. For 

example— 

You may not ask a person What is your disability? 

Are you deaf? 

You may ask Can you walk from the gate area to your aircraft seat? 

Are you able to transfer from the aisle chair over a fixed aisle seat armrest? 

Can you walk from this gate to your connecting gate? 

Do you need me to notify you if I make any announcements over the public address speaker?’’ (write a 

note if necessary) 

Example: Susan asks for a bulkhead seat 

because the condition of her leg requires 

additional legroom. You may ask, ‘‘Are you 

unable to bend your leg or is your leg fused 

or immobilized?’’ For a passenger with a 

fused or immobilized leg, the carrier is 

required to provide a bulkhead seat or other 

seat that provides more legroom than other 

seats on the side of an aisle that better 

accommodates the individual’s disability. 

(§ 382.81(d)) 

• How do I assist a passenger with a 

disability? Ask the passenger how you 

can best assist him or her. A passenger 

with a disability has the most 

information about his or her abilities, 

limitations, level of familiarity with the 

airport and air carrier, and needs in 

connection with air travel. 

G. Part 382 Highlights 

• What are some of the requirements 

of Part 382 that I should be aware of? 

Following are some of the principle 

requirements of Part 382. It is important 

to note that the list of Part 382 

requirements below is not meant to be 

exhaustive. Rather, it is a list of 

requirements governing situations that 

you are likely to encounter regularly. In 

addition, these requirements may not be 

applicable in instances where a legally 

binding conflicts of law waiver exists. 

You should refer to the specific sections 

cited below for exceptions to these 

requirements. 

Æ You must not discriminate against 

passengers with a disability. 

(§ 382.11(a)(1)) . 

Æ You must not require a passenger 

with a disability to accept special 

services (including preboarding) they do 

not request. (§ 382.11(a)(2)). Instead, you 

may ask a person if he or she would like 

a particular service, facility, or other 

accommodation. However, you may 

require preboarding as a condition to 

receive certain seating or cabin stowage 

accommodations. (§§ 382.83(c), 

382.85(b), and 382.123(a)). 

Æ You must not exclude a passenger 

with a disability from or deny the 

individual the benefit of any air 

transportation or related services that 

are available to other persons. 

(§ 382.11(a)(3)). For example, if you 

choose to provide ground transportation 

and overnight accommodations to 

passengers because of a flight 

cancellation, you must ensure that the 

ground transportation to the hotel, and 

the hotel itself, are accessible to a 

passenger with a disability. 

Æ You must not take any adverse 

action against an individual, such as 

refusing transportation, because an 

individual asserts, on his or her own 

behalf, or on behalf of another 

individual, rights protected under Part 

382 or the ACAA. (§ 382.11(a)(4)). 

Æ You must not limit the number of 

passengers with disabilities on a 

particular flight.6 (§ 382.17). 

Æ You must not refuse transportation 

to a passenger solely based on a 

disability. (§ 382.19). 

Æ You must provide transportation to 

a passenger with a disability who has an 

impairment that affects his or her 

appearance or results in involuntary 

behavior except under limited 

circumstances specified below. You 

must provide transportation to such 

passengers with disabilities even if the 

disability may offend, annoy, or 

inconvenience crewmembers or other 

passengers. (§ 382.19(b)). However, if 

the person’s disability results in 

involuntary behavior that would or 

might adversely affect the safety of the 

flight, then the person may be refused 

transportation. (§ 382.19(c)). 

Æ You may refuse transportation to a 

passenger with a disability if 

transportation of that passenger 

would— 

(1) Endanger the safety of the aircraft 

or the health or safety of its passengers 

or 

(2) Violate a Federal Aviation 

Administration (FAA) or Transportation 

Security Administration (TSA) 

regulation or applicable requirement of 

a foreign government. (§ 382.19(c)). 

Æ You must not require a passenger 

with a disability to travel with a safety 

assistant or to present a medical 

certificate, except in very limited 

circumstances. (§§ 382.23(a) and 

382.29). 

Æ You must not require a passenger 

with a disability to sign a release or 

waiver of liability to receive 

transportation or services or 

accommodations for a disability. 

(§ 382.35(a)). 

Æ You must not exclude a passenger 

with a disability from any seat in an exit 

or other row solely based on his or her 

disability except to comply with FAA 

regulations or applicable foreign 


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7On June 3, 2011, the Department published a 

Notice of Proposed Rulemaking regarding the use of 

seat-strapping as a method for in-cabin stowage of 

manual wheelchairs. See 76 FR 32107. The 

Department expects to publish a final rule 

concerning seat-strapping in 2012. 

government safety requirements. 

(§ 382.87(a)). 

FAA regulations establish criteria that 

must be met for a passenger to occupy 

a seat in the emergency exit rows. (14 

CFR 121.585). There also may be foreign 

government safety requirements for exit 

row seating. If a passenger with a 

disability meets these FAA criteria and 

applicable foreign government safety 

requirements, he or she should not 

necessarily be excluded from sitting in 

an emergency exit row. As with any 

other passenger, you must look at the 

individual passenger with a disability 

and reasonably assess whether he or she 

meets the applicable criteria for exit-row 

seating. (§ 382.87(b)). 

Æ You must provide prompt boarding, 

deplaning, and connecting assistance to 

passengers with disabilities requesting 

such assistance. As part of this 

assistance, you must provide, as 

needed— 

(1) Equipment (for example, 

wheelchairs, electric carts, and aisle 

chairs); 

(2) Personnel (for example, 

individuals to push wheelchairs and 

aisle chairs and individuals to assist 

passengers with disabilities in carrying 

and stowing their baggage); and 

(3) Ramps or mechanical lifts (only 

required at any U.S. commercial service 

airport with 10,000 or more annual 

enplanements where level-entry 

boarding and deplaning is not 

available.) (§§ 382.91 and 382.95). See 

Appendix II for a discussion of the 

agreements carriers must have with 

airports for the provision of lifts where 

level-entry loading bridges are not 

available. (§ 382.99). 

You must allow passengers with 

disabilities to bring their assistive 

devices including canes, crutches, 

walkers; or other assistive devices 

inside the cabin of the aircraft. Other 

assistive devices include items such 

as— 

D Prescription medications and any 

medical devices needed to administer 

them such as syringes or auto-injectors; 

D Vision enhancing devices; 

D Continuous positive airway 

pressure (CPAP) machines, portable 

oxygen concentrators (POC), respirators, 

and ventilators, using nonspillable 

batteries, and 

D A folding or collapsible wheelchair 

(see below). 

These assistive devices may be 

stowed in designated priority stowage 

areas, in overhead compartments, or 

under seats consistent with FAA, 

PHMSA, TSA, or foreign government 

requirements concerning safety, 

hazardous materials, and security with 

respect to stowage of carry-on items. 

You must not count the number of 

assistive devices described above 

toward the carry-on baggage limit. 

(§ 382.121). 

Æ On certain aircraft, the carrier must 

designate a priority stowage space 

(required dimensions 13′′ × 36′′ × 42′′) 

for at least one passenger’s typical adultsized folding, collapsible, or breakdown manual wheelchair. You must not 

require removal of the wheels or any 

other disassembly to fit the manual 

wheelchair in this priority space. 

(§ 382.67) This space must be in 

addition to the overhead compartments 

and under-seat spaces routinely used for 

passenger carry-on items. You are not 

required to stow any kind of electric 

wheelchair in the aircraft cabin. 

This requirement applies if the 

aircraft—(1) has a designed seating 

capacity of 100 or more seats and (2) for 

a U.S carrier, was ordered after April 5, 

1990, or delivered after April 5, 1992; 

for a foreign carrier, was ordered after 

May 13, 2009, or delivered after May 13, 

2010. (§ 382.67)). 

With regard to the priority stowage 

space, you, as a carrier, must comply 

with the following: 

D A passenger with a disability who 

takes advantage of the opportunity to 

preboard may stow his or her 

wheelchair in this area with priority 

over other carry-on items brought onto 

the aircraft by other passengers and 

crewmembers consistent with FAA, 

PHMSA, TSA, or foreign government 

requirements concerning safety, 

hazardous materials, and security with 

respect to the stowage of carry-on items. 

(§ 382.123). 

D You must move any item that you 

or your personnel have placed in the 

closet or other area designated for 

priority stowage of carry-on items such 

as crewmember luggage or a required 

on-board wheelchair to make room for 

the passenger’s wheelchair even if the 

items were placed there before the 

passenger boarded the flight. This 

includes any items that were placed in 

the priority stowage area on an earlier 

originating or connecting flight. 

(§ 382.123). 

D A passenger with a disability who 

does not preboard may use the priority 

space to stow his or her wheelchair or 

other assistive device on a first-come, 

first-served basis along with other 

passengers stowing their carry-on items. 

(§ 382.123). 

Æ On new aircraft ordered after May 

13, 2009, or delivered to carriers after 

May 13, 2011, carriers are not permitted 

to use seat-strapping (tying down a 

wheelchair across a row of seats in an 

aircraft that does not have the required 

space for stowing a folding wheelchair 

in the cabin) as an alternative to 

designated stowage spaces. Subject to 

the outcome of the pending rulemaking, 

you may use seat strapping for manual 

wheelchairs on existing aircraft that do 

not have the required space for stowing 

a folding wheelchair in the aircraft 

cabin. 7 (§ 382.123). 

Æ A passenger with a disability who 

takes advantage of the opportunity to 

preboard may stow assistive devices 

other than folding wheelchairs in the 

priority stowage area over other carry-on 

items (except folding wheelchairs) 

brought onto the aircraft by other 

passengers and crewmembers enplaning 

at the same airport. Stowing these 

devices in the priority space must be 

consistent with FAA, PHMSA, TSA, or 

foreign government requirements 

concerning safety, hazardous materials, 

and security with respect to the stowage 

of carry-on items. (§ 382.123(a)(2)). 

Æ You must have a copy of Part 382 

available at every airport you serve. For 

foreign carriers, you must keep a copy 

of Part 382 and make it available at each 

airport serving a flight you operate that 

begins or ends at a U.S. airport. You 

must make a copy available for review 

upon request by any member of the 

public. (§ 382.45(a)). If you have a Web 

site, it must also provide a notice that 

consumers may obtain a copy of Part 

382 from the DOT— 

D By telephone (including the 

appropriate voice and Text Telephones 

(TTY) numbers) via a toll-free hotline 

for air travelers with disabilities or to 

the Aviation Consumer Protection 

Division; 

D By mail to the Aviation Consumer 

Protection Division, or 

D On the Aviation Consumer 

Protection Division’s Web site (http:// 

airconsumer.dot.gov). (§ 382.45(b)). 

Æ As a U.S. carrier, you must provide 

passengers with vision or hearing 

impairments who identify themselves as 

needing assistance prompt access to the 

same information given to other 

passengers at the airport. This 

information includes— 

D Flight safety, 

D Ticketing, 

D Flight check-in, 

D Gate assignments, 

D Delayed flights, 

D Cancellations, 

D Schedule changes, 

D Boarding information, 

D Connections, 

D Checking baggage, 


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D Volunteer solicitation on oversold 

flights (offers of compensations for 

giving up a reservation), 

D Individuals being paged by airlines, 

D Aircraft changes, and 

D Emergencies such as fire or bomb 

threats. 

You must provide this information at 

each gate, ticketing area, and customer 

service desk that you own, lease, or 

control at any U.S. or foreign airport to 

the extent that this does not interfere 

with employees’ safety and security 

duties under FAA, TSA, and foreign 

regulations. (§ 382.53(a)(1)). 

As a foreign carrier, you must make 

the information listed above available at 

each gate, ticketing area, and customer 

service desk that you own, lease, or 

control at any U.S. airport. At foreign 

airports, you must make the information 

available only: (1) At gates, ticketing 

areas, or customer service desks that 

you own, lease, or control and (2) for 

flights that begin or end in the United 

States. (§ 382.53(a)(2)). 

As a U.S. or foreign carrier, you and 

any U.S. airport you use are jointly 

responsible for providing the required 

passenger information to passengers 

with vision or hearing impairments 

when that airport has control over the 

gates, ticketing areas, and customer 

service desks, (§ 382.53(a)(3)). 

Æ You also must provide passengers 

with vision or hearing impairments 

prompt access to the same information 

given to other passengers on the aircraft. 

This means information that a 

reasonable consumer would deem 

important, such as information on— 

D Flight safety, 

D Procedures for takeoff and landing, 

D Flight delays, 

D Schedule or aircraft changes, 

D Diversion to a different airport, 

D Scheduled departure and arrival 

time, 

D Boarding information, 

D Weather conditions at the 

destination airport, 

D Beverage and menu information, 

D Connecting gate assignments, 

D Claiming baggage, 

D Individuals being paged by airlines, 

and 

D Emergencies such as fire or bomb 

threats. 

Crewmembers are not required to 

provide such information if it would 

interfere with the crewmember’s safety 

duties required under FAA and 

applicable foreign regulations. 

(§ 382.119). 

Æ You must allow a service animal to 

accompany a passenger with a disability 

in the aircraft cabin consistent with 

FAA regulations or applicable foreign 

government requirements. As a foreign 

carrier, you are not required to carry 

service animals other than dogs (except 

as noted in § 382.7(c) for codeshare 

flights with U.S. carriers). 

You must allow the service animal to 

sit in close proximity to its user if the 

service animal does not block the aisle 

or other emergency evacuation route in 

violation of FAA regulations or 

applicable foreign government 

requirements. Often this will mean that 

the service animal will sit under the seat 

in front of the passenger with a 

disability to avoid obstructing an aisle 

or other space. Some service animals are 

held by their users in their arms as an 

adult would hold a human infant 

(limited to infants under 2 years of age) 

of roughly the same size. (§ 382.117). 

Æ You must designate one or more 

Complaints Resolution Official (CRO) if 

you provide service using aircraft with 

19 or more passenger seats. The CRO 

must be available (in person, by 

telephone, or TTY service) to address 

disability-related complaints. You must 

provide a CRO to a passenger even if the 

passenger does not use the term 

‘‘Complaints Resolution Official’’ or 

‘‘CRO.’’ When a passenger with a 

disability uses words such as 

‘‘supervisor,’’ ‘‘manager,’’ ‘‘boss,’’ or 

‘‘disability expert’’ in connection with 

resolving a disability-related issue, you 

must provide a CRO. 

As a U.S. carrier, you must make the 

CRO available at each airport you serve 

during all times that you operate at that 

airport. 

As a foreign carrier, you must make 

a CRO available at each airport serving 

flights you operate that begin or end at 

a U.S. airport. For carriers that operate 

flights infrequently, for example, flying 

from Dulles Airport to a foreign airport 

at 5 p.m. on Mondays and Thursdays, 

you do not have to make a CRO 

available to persons at Dulles Airport on 

those days you do not operate flights or 

in the mornings on days when you 

operate flights. (§ 382.151). 

Æ You must not charge for services 

that are required by Part 382. This 

means, for example, you and your 

employees and contractors may not ask 

for a tip when providing wheelchair 

service to a passenger. You may, 

however, impose a reasonable charge for 

services not required by Part 382, that 

is, optional services. Examples of such 

optional services include carriersupplied medical oxygen for use 

onboard an aircraft or stretcher service. 

(§ 382.31(a)). 

Æ You may charge a passenger for the 

use of more than one seat if the 

passenger’s size or condition, such as 

use of a stretcher, causes the passenger 

to occupy more than one seat. 

(§ 382.31(b)). 

Æ If you have a Web site that persons 

use to make reservations or purchase 

tickets that is inaccessible to a passenger 

with a disability, you must not charge 

a fee to the passenger with a disability 

who is unable to make a reservation or 

purchase a ticket from your Web site 

when using another reservation booking 

method such as by telephone. In 

addition, if you provide discounts or 

other benefits to individuals who book 

a flight online, then that discount or 

benefit must be given to a passenger 

with a disability who cannot use the 

Web site due to his or her disability 

when he or she buys a ticket using 

another method. (§ 382.31(c)). 

Chapter 3: Assisting Air Travelers With 

Disabilities Planning a Trip 

A. Advance Notice 

B. Information About the Aircraft 

C. Mobility Aids and Assistive Devices 

D. Service Animals 

E. Accommodations for Air Travelers With 

Hearing Impairments 

F. Communicable Diseases 

G. Medical Certificates 

H. Your Obligation To Provide Services and 

Equipment 

I. Safety Assistants 

A. Advance Notice 

You cannot require a passenger with 

a disability to provide advance notice of 

his or her intention to travel except as 

noted below. 

Advance Notice Only for Particular 

Services and Equipment 

You may require up to 48 hours’ 

advance notice (that is, 48 hours before 

the scheduled departure time of the 

flight) and 1 hours’ advance check-in 

(that is, 1 hour before the check-in time 

for the general public) from a passenger 

with a disability who wishes to receive 

the following services: 

• Transportation of an electric 

wheelchair on an aircraft with fewer 

than 60 passenger seats; 

• Provision by the carrier of 

hazardous materials packaging for the 

battery of a wheelchair or other assistive 

device; 

• Accommodations for 10 or more 

passengers with disabilities who make 

reservations and travel as a group; 

• Provision of an on-board 

wheelchair on an aircraft with more 

than 60 passenger seats that does not 

have an accessible lavatory for 

passengers with disabilities who can use 

an inaccessible lavatory but need an onboard chair to do so; 

• Transportation of an emotional 

support or psychiatric service animal in 

the cabin; 


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8The Use of Passenger-Supplied Electronic 

Respiratory Assistive Device on Aircraft, October 

28, 2009. See http://airconsumer.dot.gov/rules/ 

notice_10_28_09.pdf. The notice also covers other 

electronic respiratory assistive devices. 

• Transportation of any service 

animal on a flight segment scheduled to 

take 8 hours or more; and 

• Accommodation of a passenger 

with both severe vision and hearing 

impairments. (§ 382.27(c)(4) through 

(c)(10)). 

Example 1: If you advise passengers to 

check-in 1 hour before the scheduled 

departure time of the flight, you may advise 

a passenger with a disability who seeks one 

of the accommodations listed above to checkin 2 hours before the scheduled departure 

time for the flight. 

Example 2: While making his reservation, 

a passenger with a disability gave the 

reservation agent 48 hours’ advance notice 

that he would need an aisle chair to access 

the lavatory on his upcoming flight. The 

flight is on an aircraft with more than 60 

passenger seats and it does not have an 

accessible lavatory. During the telephone 

call, the reservation agent makes the 

passenger aware of the fact that the lavatory 

is inaccessible, but the passenger explains 

that he can use an inaccessible lavatory if he 

has access to an aisle chair provided by the 

carrier. The passenger has complied with the 

advance notice requirement. Normally this 

information would have been entered into 

the passenger’s reservation record (also 

known as the passenger name record (PNR)) 

by the carrier and the request for an aisle 

chair would have been handled through that 

notification process. You are a new gate agent 

for your carrier and when this passenger 

approaches you at the gate of the flight and 

asks about the requested aisle chair, you are 

not sure how to reply. What should you do? 

To begin, as a matter of good customer 

service, you should tell the passenger that 

you are not sure but you will find out. You 

should ask a colleague and, if necessary, 

contact a Complaints Resolution Official 

(CRO). When you ask your colleague, you are 

told that all aircraft with more than 60 

passenger seats in your air carrier’s fleet are 

equipped with an in-cabin aisle chair. Once 

you receive this information, you should 

assure the passenger that an aisle chair is 

available so he can use the inaccessible 

lavatory on the aircraft. 

Advance Notice for POC or CarrierSupplied Inflight Medical Oxygen 

With respect to onboard use of 

supplemental oxygen during a flight, 

you can require advance notice of a 

passenger whether you, the carrier, 

provides the oxygen or the passenger 

supplies the POC. 

International flights. You may require 

up to 72 hours’ advance notice and 1- 

hour advance check-in (that is, 1 hour 

before the check-in time for the general 

public) from a passenger with a 

disability who wishes to receive carriersupplied medical oxygen for use 

onboard the aircraft. You may require 48 

hours’ advance notice and check-in one 

hour before the check-in time for the 

general public to use his/her ventilator, 

respirator, CPAP machine or POC. 

Domestic flights. You may require up 

to 48 hours’ advance notice and 1-hour 

advance check-in (that is, 1 hour before 

the check-in time for the general public) 

from a passenger with a disability who 

wishes to use his or her own POC or 

wishes to receive carrier-supplied 

medical oxygen for use onboard the 

aircraft. (§ 382.27(b)). 

Advance Notice for Other Electronic 

Respiratory Assistive Devices 

With respect to onboard use of a 

ventilator, respirator, or continuous 

positive airway pressure (CPAP) 

machine during a flight, you may 

require up to 48 hours’ advance notice 

and 1-hour advance check-in (that is, 1 

hour before the check-in time for the 

general public) from a passenger with a 

disability when the passenger supplies 

the ventilator, respirator, or CPAP 

machine. (§ 382.27(b)). 

Advance Notice for Optional Services 

and Equipment 

Although carriers are not required to 

provide the following services or 

equipment, if you choose to provide 

them, you may require up to 48 hours’ 

advance notice (that is, up to 48 hours 

before the scheduled departure time of 

the flight) and 1 hour’s advance checkin (that is, 1 hour before the check-in 

time for the general public) for— 

• Carriage of an incubator; 

• Hook-up for a CPAP machine, POC, 

respirator, or ventilator to the aircraft’s 

electrical power supply; and 

• Accommodation for a passenger 

who must travel on a stretcher. 

(§ 382.27(c)(1)–(3)). 

If a passenger with a disability 

provides the appropriate advance notice 

for a service you are required to provide 

or choose to provide, you must provide 

that the service or accommodation. 

(§ 382.27(d)). 

Note: Since the issuance of the revised Part 

382 on May 13, 2008, some carriers have 

denied passengers the use of POCs onboard 

the aircraft because the devices did not have 

a manufacturer’s label indicating that the 

device complies with the standards of RTCA/ 

DO–160 or other applicable Federal Aviation 

Administration (FAA) or foreign 

requirements for portable medical electronic 

devices, even though the POC has been 

approved by the FAA for onboard use. As 

stated in its Notice published on October 29, 

2009, the Department of Transportation 

(DOT) strongly encourages carriers to allow 

passengers to use any FAA-approved POC if 

the conditions in Special Federal Aviation 

Regulation No. 106 (SFAR 106) for use of 

portable oxygen concentrator systems 

onboard aircraft are followed even if the 

device has not been labeled 8. Under SFAR 

106, the FAA reviews the tests of POCs and 

determines whether the POCs meet safety 

requirements for medical portable electronic 

devices and are safe for use in-flight subject 

to certain conditions. The FAA specifically 

lists any POC brands and models that it 

deems acceptable for use onboard aircraft in 

SFAR 106. (14 CFR part 121, SFAR 106) (A 

list of FAA-approved POCs can be found on 

the FAA’s Web site at http://www.faa.gov/ 

about/initiatives/cabin_safety/ 

portable_oxygen/). 

Make a Reasonable Effort To 

Accommodate, Even Without Advance 

Notice 

If a passenger with a disability does 

not meet the advance notice or checkin requirement described above, you 

must make a reasonable effort to furnish 

the requested service or equipment, if 

making such accommodation would not 

delay the flight. (§ 382.27(g)). 

Example 1: Mr. Thomas uses a batterypowered wheelchair. He travels frequently 

between Washington, DC, and New York for 

business. One day, he finds out that he has 

an important business meeting in New York 

and must travel to New York that afternoon. 

He has no time to provide advance notice 

regarding the transportation of his batterypowered wheelchair and arrives at the gate 

45 minutes before his flight is scheduled to 

depart. The aircraft for the flight has fewer 

than 60 passenger seats. What should you 

do? 

As a carrier, you may require 48 hours’ 

advance notice and 1-hour advance check-in 

for transportation of a battery-powered 

wheelchair on a flight scheduled to be made 

on an aircraft with fewer than 60 passenger 

seats. You may require the same advance 

notice to provide hazardous materials 

packaging for a battery. However, carrier 

personnel are required to make reasonable 

efforts to accommodate a passenger who fails 

to provide the requisite notice to the extent 

it would not delay the flight. Therefore, you 

must make a reasonable effort to 

accommodate Mr. Thomas. 

Mr. Thomas is a frequent traveler on this 

particular route and he knows that usually it 

is feasible to load, store, secure, and unload 

his battery-powered wheelchair and spillable 

battery in an upright position (§ 382.127(c)) 

or detach, ‘‘box’’, and store the spillable 

battery (§ 382.127(d)) within about 20 to 25 

minutes. If this is possible under the existing 

circumstances, you must accommodate Mr. 

Thomas, his battery-powered wheelchair, 

and the spillable battery even though Mr. 

Thomas did not provide advance notice, 

because doing so would not delay the flight. 

Example 2: Ms. Webster must travel with 

medical oxygen and arrives at the airport 

without providing advance notice of her need 

for medical oxygen. As a policy, your carrier 

does not provide medical oxygen on any 

flights. What should you do? 

To begin, you should confirm that your 

carrier does not provide the optional service 


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of medical oxygen for use onboard a flight. 

If no medical oxygen service is available on 

your carrier, you should explain this to Ms. 

Webster and tell her that the carrier cannot 

accommodate her. 

As a matter of customer service, you may 

direct Ms. Webster to another carrier that 

provides medical oxygen service in that 

market. The passenger should be aware, 

however, that providing medical oxygen 

involves coordination with the passenger’s 

physician to determine the flow rate and the 

amount of oxygen needed and arranging for 

the delivery of the oxygen by the carrier to 

the point of origin of the passenger’s trip. 

Therefore, normally, it is not possible to 

accommodate a passenger who needs 

medical oxygen on a flight unless the 

advance notice is provided because the 

accommodation cannot be made without 

delaying the flight. If the customer cannot be 

accommodated, you should provide the 

customer with a written statement stating the 

specific basis for the refusal to provide 

transportation within 10 calendar days of the 

refusal in accordance with section 382.19(d). 

If the Aircraft Is Substituted or Changed 

to Another Carrier, Make an Effort To 

Accommodate 

Even if a passenger with a disability 

provides advance notice, sometimes 

weather or mechanical problems require 

cancellation of the flight or the 

substitution of another aircraft. Under 

these circumstances, you must, to the 

maximum extent feasible, assist in 

providing the accommodation originally 

requested by the passenger with a 

disability even if the new flight is on 

another carrier. (§ 382.27(f)). 

B. Information About the Aircraft 

You should be able to provide 

information about aircraft accessibility 

to passengers with a disability when 

they or persons on their behalf request 

this information. When feasible, you 

should provide information pertaining 

to a specific aircraft to be used for a 

specific flight. In general, you must take 

into account safety and feasibility when 

seating passengers with disabilities. 

(§ 382.41 and Subpart F—Seating 

Accommodations). 

If Requested, You Should Be Able To 

Provide Information on the Following 

• Any limitations concerning the 

ability of the aircraft to accommodate an 

individual with a disability. This 

includes limitations on the availability 

of level-entry boarding to the aircraft at 

any airport involved in the flight; 

• The location of seats in a row with 

a movable aisle armrest, if any, by row 

and seat number and any seats which 

the carrier may not make available to 

individuals with a disability (for 

example, exit rows); 

• Any limitation on the availability of 

storage facilities in the cabin or in the 

cargo compartment for mobility aids or 

other assistive devices commonly used 

by an individual with a disability, 

including storage in the cabin of a 

passenger’s wheelchair; 

• Whether the aircraft has a lavatory 

accessible to passengers with a 

disability; and 

• The type of services available and 

unavailable to passengers with a 

disability. (§ 382.41). 

You Are Required To Provide the 

Following Information 

For a passenger with a disability who 

communicates that he or she uses a 

wheelchair for boarding, you must 

provide information on any aircraftrelated, service-related, or other 

accommodation limitation such as a 

limitation on the availability of 

level-entry boarding to the aircraft at 

any airport involved in the flight. The 

passenger does not have to request this 

information explicitly. (§ 382.41(c)). 

Accuracy of Information 

When an agent acting on your behalf 

provides inaccurate information to a 

passenger with a disability concerning a 

disability-related accommodation, you, 

the carrier, are responsible for any 

resulting information-related violation 

of Part 382. 

In addition, if you agree to provide a 

service not specifically required under 

Part 382 to accommodate a particular 

passenger’s disability, you are obligated 

to provide that service or risk being in 

violation of § 382.41. For example, if 

you inform a passenger that you will not 

serve peanuts on the passenger’s flights 

to accommodate his or her peanut 

allergy then you must ensure peanuts 

are not served on those flights or be in 

violation of § 382.41. 

Passenger-Supplied Electronic 

Respiratory Assistive Devices 

U.S. carriers (except for on-demand 

air taxi operators). 

You must permit passengers with a 

disability travelling on aircraft 

originally designed to have a maximum 

passenger seating capacity of more than 

19 seats to use a continuous positive 

airway pressure (CPAP) machine, 

respirator, ventilator, or an 

FAA-approved POC in the aircraft cabin 

if the device— 

(1) Meets FAA or applicable foreign 

government requirements and displays a 

manufacturer’s label indicating that the 

device meets those requirements; and 

(2) Can be stowed and used in the 

aircraft cabin under applicable FAA, 

PHMSA, and Transportation Security 

Administration (TSA) regulations. 

(§ 382.133(a)). 

When during the reservation process 

a passenger with a disability asks you 

about bringing his or her electronic 

respiratory assistive device onboard the 

aircraft, you must tell the passenger 

about the requirements for carrying the 

device onboard the aircraft 

specifically— 

(1) Labeling (see Note on labeling in 

Section A), 

(2) Maximum weight and dimension 

limitations, 

(3) Bringing an adequate number of 

fully charged batteries (packaged and 

protected from short circuit and 

physical damage), 

(4) Any advance notice and check-in 

requirements (See Section A), 

(5) Medical certificate requirements 

(POCs), and 

(6) The maximum expected duration 

of the flight. (§ 382.133(c)(1) through 

(c)(6) and (f)(1)). 

You may insist that passengers bring 

an adequate number of fully charged 

batteries onboard to power the device 

for not less than 150 percent of the 

expected maximum flight duration. 

(§ 382.133(f)(2)). If the passenger does 

not comply with the conditions for 

acceptance of a medical portable 

electronic device outlined in the 

regulation, you may deny the passenger 

boarding. (§ 382.133(f)(3)) If you deny 

the passenger boarding, you must 

provide the passenger with a written 

explanation within 10 calendar days of 

the refusal of transport as required 

under § 382.19(d). 

Foreign Carriers (Except for Foreign 

Carriers Conducting Operations 

Equivalent to U.S. On-Demand Air Taxi 

Operators) 

You must permit passengers with a 

disability traveling on aircraft originally 

designed to have a maximum passenger 

seating capacity of more than 19 seats to 

use a CPAP machine, respirator, 

ventilator, or a POC of a kind equivalent 

to an FAA-approved POC for U.S. 

carriers in the aircraft cabin during 

flights to, from, or within the United 

States if the device— 

(1) Meets requirements for medical 

portable electronic devices set by the 

foreign carrier’s government and 

displays a manufacturer’s label 

indicating that the device meets those 

requirements or, if there is no applicable 

foreign government provision, the 

device meets requirements for medical 

portable electronic devices set by the 

FAA for U.S. carriers and displays a 

manufacturer’s label that the device 

meets FAA requirements and 

(2) Can be stowed and used in the 

aircraft cabin under applicable FAA, 

PHMSA, and TSA regulations, and the 


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9 Guidance Concerning Service Animals at http:// 

airconsumer.ost.dot.gov/rules/20030509.pdf. This 

document describes how the DOT understands 

§ 382.117 and provides suggestions and 

recommendations on how carriers can best 

accommodate service animals and their users. 

safety or security regulations of the 

foreign carrier’s government. 

(§ 382.133(b)). 

When during the reservation process 

a passenger with a disability asks you 

about bringing his or her CPAP 

machine, respirator, ventilator, or a POC 

of a kind equivalent to an 

FAA-approved POC for U.S. carriers 

onboard the aircraft, you must tell the 

passenger about the foreign carrier’s 

government requirements or FAA 

requirements, if applicable, for carrying 

the device onboard the aircraft 

specifically— 

(1) Labeling (see Note on labeling in 

Section A), 

(2) Maximum weight and dimension 

limitations, 

(3) Bringing an adequate number of 

fully charged batteries (packaged in 

accordance with applicable government 

safety regulations), 

(4) Any advance notice and check-in 

requirements (See Section A), 

(5) Medical certificate requirements 

(POCs), and 

(6) The maximum expected duration 

of the flight. (§ 382.133(d)(1) through 

(d)(7) and (f)(1)). 

You may insist that passengers bring 

an adequate number of fully charged 

batteries onboard to power the device 

for not less than 150 percent of the 

expected maximum flight duration. 

(§ 382.133(f)(2)). If the passenger does 

not comply with the conditions for 

acceptance of a medical portable 

electronic device outlined in the 

regulation, you may deny the passenger 

boarding. (§ 382.133(f)(3)). If you deny 

the passenger boarding, you must 

provide the passenger with a written 

explanation within 10 calendar days of 

the refusal of transport as required 

under § 382.19(d). 

Medical Certificate Requirements 

While you may require a medical 

certificate from an individual who 

wishes to use a POC or carrier supplied 

oxygen during flight, it normally would 

not be appropriate for you to ask for 

such a certificate from someone wishing 

to use a CPAP machine, respirator, or 

ventilator aboard a flight. Consistent 

with § 382.23, a medical certificate 

should be required of an individual who 

uses a CPAP machine, respirator, or 

ventilator only if the individual’s 

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. See Section 

G., Medical Certificates. 

Batteries 

The appropriate number of batteries 

should be calculated using the 

manufacturer’s estimate of the hours of 

battery life while the device is in use 

and as specified in the passenger’s 

medical certificate (for example, flow 

rate for POCs). The expected maximum 

flight duration is defined as the carrier’s 

best estimate of the total duration of the 

flight from departure gate to arrival gate, 

including taxi time to and from the 

terminals, based on the scheduled flight 

time and factors such as wind and other 

weather conditions forecast; anticipated 

air traffic delays; one instrument 

approach and possible missed approach 

at the destination airport; and any other 

conditions that may delay arrival of the 

aircraft at the destination. (§§ 382.3 and 

382.133(f)). 

You may deny boarding, on the basis 

of safety, to a passenger with a disability 

who does not carry the number of fully 

charged batteries prescribed in the rule 

or to a passenger with a disability who 

does not properly package the extra 

batteries needed to power his/her 

device. Information for passengers on 

how to travel safely with batteries is 

available at http://safetravel.dot.gov. 

However, you may not deny boarding 

due to an inadequate number of 

batteries unless you can provide 

information from a reliable source 

demonstrating that the number of 

batteries that the passenger has supplied 

will not provide adequate power for 150 

percent of the expected maximum flight 

duration based on the battery life 

indicated in the manufacturer’s 

specification when the device is 

operating at the flow rate specified in 

the medical certificate. In instances 

where you deny boarding to an 

individual, you must provide the 

individual a written statement of the 

reason for the refusal to provide 

transportation within 10 days of the 

incident. (§ 382.133(f)(3)). 

Note: The requirement to bring an adequate 

number of batteries to operate the device 

continuously for up to 150 percent of the 

expected maximum flight duration does not 

apply in circumstances where the passenger 

will be using an FAA-approved POC while 

boarding or deplaning from the aircraft but 

will be using a carrier-supplied POC or 

carrier-supplied oxygen during the flight 

itself. 

Codeshare Flights 

As the carrier whose code is used on 

a flight itinerary, you must either inform 

the passenger with a disability who 

inquires about using an electronic 

respiratory device (CPAP, POC, 

respirator, or ventilator) onboard the 

aircraft to— 

(1) Contact the carrier operating the 

flight for information about its 

requirements for use of electronic 

respiratory devices onboard the aircraft 

or 

(2) Provide information on the use of 

electronic respiratory devices on behalf 

of the codeshare carrier operating the 

flight. (§ 382.133(e)). 

Example: A passenger buys a codeshare 

ticket from carrier A for a connecting 

itinerary from New York to Cairo through 

London, where carrier A operates the New 

York to London flight segment and carrier B 

operates the London to Cairo flight segment 

under carrier A’s designator code. Carrier A 

must upon inquiry from the passenger inform 

the passenger about— 

(1) Carrier A’s requirements for the use in 

the cabin of a CPAP machine, POC, 

respirator, or ventilator and 

(2) Carrier B’s requirements for the use in 

the cabin of a CPAP machine, POC, 

respirator, or ventilator, or tell the passenger 

to contact carrier B directly to obtain this 

information. 

C. Mobility Aids and Assistive Devices 

If, in assisting a passenger with a 

disability, a carrier employee or 

contractor disassembles the passenger’s 

wheelchair, mobility aid, or other 

assistive device, another carrier 

employee or contractor must reassemble 

it and ensure its prompt return to the 

passenger with a disability in the same 

condition in which the carrier received 

it. (§ 382.129(b)). You must permit 

passengers with a disability to provide 

written instructions 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, 

PHMSA, TSA, or foreign government 

requirements concerning safety, 

hazardous materials, and security with 

respect to the stowage of carry-on items. 

(§ 382.129(a)). You cannot require 

passengers with disabilities to sign a 

waiver of liability for damage to or loss 

of wheelchairs or other assistive 

devices. However, you may note 

preexisting damage to wheelchairs or 

other assistive devices. (§ 382.35(b)). 

D. Service Animals 9

A service animal is an— 

(1) Animal individually trained to 

perform functions to assist a person 

with a disability; 

(2) Animal that has been shown to 

have the innate ability to assist a person 


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10 Your carrier may, at its discretion, accept from 

the passenger with a disability documentation from 

his or her licensed mental health professional that 

is more than 1 year old. The DOT encourages 

carriers to consider accepting ‘‘outdated’’ 

documentation in situations where such passenger 

provides a letter or notice of cancellation or other 

written communication indicating the termination 

of health insurance coverage, and his/her inability 

to afford treatment for his or her mental or 

emotional disability. 

11Referenced in the Diagnostic and Statistical 

Manual of Mental Disorders—Fourth Edition (DSM 

IV). 

with a disability, for example, a seizure 

alert animal; or 

(3) Emotional support or psychiatric 

service animal. 

You should be aware that there are 

many different types of service animals 

that perform a range of tasks for 

individuals with a disability. However, 

as a foreign carrier you are only required 

to accommodate dogs as service animals 

except on codesharing flights with U.S. 

carriers. For more information regarding 

service animals on such flights, see the 

Note under the heading Unusual Service 

Animals in this section. 

Service Animal Permitted To 

Accompany Passenger on Flight and at 

Seat Assignment 

You must permit a service animal 

used by a passenger with a disability to 

accompany the passenger on his or her 

flight. (§ 382.117(a)). In addition, you 

must permit a service animal to 

accompany a passenger with a disability 

to the passenger’s assigned seat and 

remain there if the animal does not 

obstruct the aisle or other areas that 

must remain unobstructed to facilitate 

an emergency evacuation. (§ 382.117(b)). 

The service animal must be allowed to 

accompany the passenger unless it 

poses a direct threat to the health or 

safety of others or presents a significant 

threat of disruption to the cabin service. 

If a service animal does not fit in the 

space immediately in front of the 

accompanying passenger with a 

disability and there is no other seat with 

sufficient space to safely accommodate 

the animal and the accompanying 

passenger, there are several options to 

consider for accommodating the service 

animal in the cabin in the same class of 

service. You should speak with other 

passengers to find a passenger— 

(1) Seated in an adjacent seat who is 

willing to share foot space with the 

animal, or 

(2) Who is willing to exchange seats 

with the passenger accompanying the 

service animal and is seated in a seat 

adjacent to— 

(a) A location where the service 

animal can be accommodated (for 

example, in the space behind the last 

row of seats) or 

(b) An empty seat. 

You must not deny a passenger with 

a disability transportation on the basis 

that the service animal may offend or 

annoy persons traveling on the aircraft. 

(§ 382.117(a)(1)). See also Guidance 

Concerning Service Animals at http:// 

airconsumer.ost.dot.gov/rules/ 

20030509.pdf. The FAA issued a Flight 

Standards Information Bulletin for Air 

Transportation (FSAT) that deals with 

the ‘‘Location and Placement of Service 

Animals on Aircraft Engaged in Public 

Air Transportation.’’ That FSAT can be 

found in Appendix IV. 

If Service Animal Cannot Be 

Accommodated at Assigned Seat 

If a service animal cannot be 

accommodated at the seat of the 

passenger with a disability and if there 

is another seat in the same class of 

service where the passenger and the 

animal can be accommodated, you must 

offer the passenger the opportunity to 

move to the other seat with the service 

animal. (§ 382.117(c)). 

Verification of Service Animals 

Under particular circumstances (see 

Example 1 below), you may wish to 

verify whether an animal accompanying 

a passenger with a disability qualifies as 

a service animal under Part 382. Other 

than service animals used as emotional 

support or psychiatric service animals, 

you must accept the following as 

evidence that the animal is a service 

animal: 

• The credible verbal assurances of a 

qualified individual with a disability 

using the animal, 

• The presence of harnesses, 

• Tags, or 

• Identification cards or other written 

documentation. (§ 382.117(d)). 

Note: Passengers accompanied by service 

animals may not have identification or 

written documentation regarding their 

service animals. 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, 

however, the absence of such equipment 

does not necessarily mean the animal is not 

a service animal. Similarly, the presence of 

a harness or vest on a pet for which the 

passenger cannot provide a credible verbal 

assurance may not be sufficient evidence that 

the animal is a legitimate service animal. See 

also Appendix III of this manual titled DOT 

Guidance Concerning Service Animals in Air 

Transportation. 

Required Documentation 

If a flight is scheduled for 8 hours or 

more, you may require documentation 

that the service animal will not need to 

relieve itself on the flight or can do so 

in a way that will not create a health or 

sanitation issue on the flight. 

(§ 382.117(a)(2)). 

Carriers also may require that 

passengers traveling with emotional 

support or psychiatric service animals 

present current documentation (that is, 

no older than 1 year from the date of the 

passenger’s scheduled initial flight)10 on 

the letterhead of a licensed mental 

health professional, including a medical 

doctor, specifically treating the 

passenger’s mental or emotional 

disability stating— 

• The passenger has a recognized 

mental or emotional disability;11

• The passenger needs the service 

animal as an accommodation for air 

travel and/or activity at the passenger’s 

destination; 

• The provider of the letter is a 

licensed mental health professional, or 

a licensed medical professional treating 

the individual for the recognized mental 

or emotional disability, and the 

passenger is under the individual’s 

professional care; and 

• The date and type of mental health 

professional’s license and the state or 

other jurisdiction in which the license 

was issued. (§ 382.117(e)(1) through 

(e)(4)). 

Even if you receive sufficient 

verification that an animal 

accompanying a passenger is a service 

animal, if the service animal’s behavior 

in a public setting is inappropriate or 

disruptive to other passengers or carrier 

personnel, you may refuse to permit the 

animal on the flight and offer the 

passenger alternative accommodations 

in accordance with Part 382 and your 

carrier’s policy (for example, carry the 

animal in the cargo compartment). Note 

that carriers are required to carry service 

animals even if the animal may offend 

or annoy carrier personnel or persons 

traveling on the aircraft. Pursuant to 

section 382.117(g), if you refuse 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 

within 10 calendar days of the incident. 

Example 1: A passenger arrives at the gate 

accompanied by a pot-bellied pig. She claims 

that the pot-bellied pig is her service animal. 

What should you do? 

Generally, you must permit a passenger 

with a disability to be accompanied by a 

service animal. However if you have a 

reasonable basis for questioning whether the 

animal is a service animal, you may ask for 

some verification. Usually written 

verification is not required. 

You may begin by asking questions about 

the service animal, for example, ‘‘What tasks 

or functions does your animal perform for 


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12 Interline connection means change of aircraft 

and airlines. 

you?’’ or ‘‘What has its training been?’’ If you 

are not satisfied with the credibility of the 

answers to these questions or if the service 

animal is an emotional support or psychiatric 

service animal, you may request further 

verification. You should also call a CRO if 

there is any further doubt as to whether the 

pot-bellied pig is the passenger’s service 

animal. 

Finally, if you determine that the potbellied pig is a service animal, you must 

permit the service animal to accompany the 

passenger to her seat provided the animal 

does not obstruct the aisle or present any 

safety issues and the animal is behaving 

appropriately in a public setting. However, 

note that as a foreign carrier, you are not 

required to carry service animals other than 

dogs (except as noted in § 382.7(c) for 

codeshare flights with a U.S carrier.). 

Example 2: A passenger with a hearing 

impairment is planning to board the plane 

with his service animal. The service animal 

is a hearing-assistance dog and is small 

enough to sit on the passenger’s lap. While 

waiting to board the flight, the hearingassistance dog jumps off the passenger’s lap 

and begins barking and nipping at other 

passengers in the waiting area. What should 

you do? 

Although you have initially made the 

determination that the hearing-assistance dog 

is a service animal and may accompany the 

passenger with the hearing impairment on 

the flight, you may reconsider the decision if 

the dog is behaving in a manner that seems 

disruptive and infringes on the safety of other 

passengers. You should carefully observe the 

hearing-assistance dog’s behavior and 

explain it in detail to a CRO (if the CRO is 

on the telephone). If, after careful 

consideration of all the facts presented, the 

CRO decides not to treat the dog as a service 

animal, you should explain your carrier’s 

policy regarding traveling with animals that 

are not being allowed in the passenger cabin 

as service animals. As discussed later, you 

also must document your decision in writing 

and provide the passenger with a copy of 

your explanation at the airport or within 10 

calendar days. (§ 382.117(g)). 

Requests for Seat Assignments by a 

Passenger Accompanied by a Service 

Animal 

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. (§ 382.81(c)). Note 

that on some aircraft the bulkhead seat 

is also the emergency exit row. If this is 

the case, the passenger cannot sit in the 

bulkhead seat with the service animal. 

Relief Areas for Service Animals 

With respect to terminal facilities you 

own, lease, or control at a U.S. airport, 

you must, in cooperation with the 

airport operator, provide relief areas for 

service animals that accompany 

passengers with a disability who are 

departing, arriving, or connecting at an 

airport on your flights. 

When establishing relief areas you 

should consider the size and surface 

material of the area, maintenance, and 

distance to relief area, which could 

vary, based on the size and 

configuration of the airport. In planning 

the relief area, it is critical to involve 

airline, airport, service animal training 

organization, TSA, and U.S. Customs 

and Border Protection. 

In addition, you should advise 

passengers who request you provide 

them with assistance to an animal relief 

area, the location of the animal relief 

area. Additionally, if requested, it 

would be your responsibility to 

accompany a passenger traveling with a 

service animal to and from the animal 

relief area. 

The DOT requirement to provide 

animal relief areas was effective on May 

13, 2009, for U.S. carriers and May 13, 

2010, for foreign carriers. See Chapter 4, 

Section A, Animal Relief Areas, for 

additional guidance on establishing and 

maintaining relief areas for service 

animals. (§ 382.51(a)(5)). 

Unusual Service Animals 

As a U.S. carrier, you are not required 

to carry certain unusual service animals 

in the aircraft cabin such as ferrets, 

rodents, spiders, snakes and other 

reptiles. Other commonly used service 

animals, such as miniature horses and 

monkeys, can travel as service animals 

on U.S. carriers. However, the carrier 

can decide to exclude a particular 

animal on a case-by-case basis if it— 

• Is too large or heavy to be 

accommodated in the aircraft cabin; 

• Would pose a direct threat to the 

health and safety of others; 

• Would cause a significant 

disruption in cabin service; or 

• Would be prohibited from entering 

a foreign country at the aircraft’s 

destination. 

For U.S. carriers, if none of the factors 

listed directly above preclude a service 

animal from traveling in the aircraft 

cabin, you must permit it to travel 

onboard the aircraft. 

Note: As a foreign carrier, you are normally 

only required to accommodate dogs as 

service animals. However, if you are a foreign 

carrier that participates in a codesharing 

arrangement with a U.S. carrier on flights 

between two foreign points, the service 

provisions of Subparts A through C, F 

through H, and K with respect to passengers 

traveling under the U.S. carriers code would 

be in effect on the codeshare flight. 

Therefore, in such instances as a foreign 

carrier you would have to accommodate 

service animals other than dogs. 

Exceptions to Requirement for Foreign 

Carriers To Accommodate Unusual 

Service Animals 

A U.S. carrier advises the passenger 

that the foreign carrier does not accept 

service animals other than dogs and 

then assists the passenger in making 

alternate flight arrangements using 

alternate carriers and/or alternate 

routings. 

Alternatively, the U.S. carrier could 

market and sell the flight segment 

between two foreign points as an 

interline connection 12 as opposed to a 

code-share flight, and fully disclose to 

the passenger that the foreign carrier 

will likely not provide the same service 

that is to accept service animals other 

than dogs as is required of a U.S. carrier. 

Nonacceptance of a Service Animal 

If you decide not to accept an animal 

as a service animal, you must explain 

the reason to the passenger and 

document your decision in writing. A 

copy of the explanation must be 

provided to the passenger at the airport 

or within 10 calendar days of the event. 

(§ 382.117(g)). 

Destinations Outside the United States 

You must promptly take all steps 

necessary to comply with foreign 

regulations such as animal health 

regulations, to permit the transportation 

of a passenger’s service animal from the 

United States to a foreign destination. 

(§ 382.117(h)). See Appendix IV for DOT 

Guidance on transportation of service 

animals into the United Kingdom and 

into countries other than the United 

Kingdom. (§ 382.117(i)). This guidance 

also can be found on the DOT’s Aviation 

Consumer Protection Division Web site 

at http://airconsumer.dot.gov. 

E. Accommodations for Air Travelers 

With Hearing Impairments 

If, as a carrier, you provide a 

telephone reservation and information 

service to the public, you must make 

this service available to individuals who 

use a text telephone (TTY), whether 

through your own TTY, voice relay, or 

other available technology to permit 

individuals with hearing impairments to 

make reservations and obtain 

information. You no longer are required 

to have a TTY; only your reservation 

service must be available to those who 

use a TTY. The TTY, voice relay, or 

other available technology must be 

available during the same hours as the 

telephone service for the general public 

and the same response time for 

answering calls and the same surcharges 


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must apply to the TTY, voice relay, or 

other available technology as the 

telephone service for the general public 

(non-TTY users). You must also list 

your TTY number if you have one when 

in any medium in which you list the 

telephone number of your information 

and reservation service. If you do not 

have a TTY number, you must state how 

TTY users can reach your information 

and reservation service such as via voice 

relay or other technology. (§ 382.43(a)(1) 

through (4)). 

Foreign Carriers 

As a foreign carrier, information and 

reservation services must be accessible 

to individuals with hearing impairments 

for flights covered by this rule by May 

13, 2010. (§ 382.43(a)(5)). 

Exceptions to TTY Requirements 

You do not have to meet the TTY, 

voice relay, or other available 

technology requirements in any country 

in which the telecommunications 

infrastructure does not readily permit 

compliance. (§ 382.43(b)). 

F. Communicable Diseases 

Passengers With a Communicable 

Disease or Other Medical Condition Are 

Permitted on a Flight 

Except as described below in this 

section, you must not— (1) Refuse 

transportation to; (2) require a medical 

certificate from; (3) delay the 

passenger’s transportation (for example, 

require the passenger to take a later 

flight); or (4) impose any condition, 

restriction, or requirement not imposed 

on other passengers on a passenger with 

a communicable disease or infection. 

(§ 382.21) 

If Direct Threat to Health or Safety of 

Others, Limitations May Be Imposed 

Only if a passenger with a 

communicable disease or infection 

poses a direct threat to the health or 

safety of others, can you take any of the 

actions listed below. (§ 382.21(a)). A 

direct threat means a significant risk to 

the health or safety of others that cannot 

be eliminated by modifying policies, 

practices, or procedures, or by providing 

auxiliary aids or services. (§ 382.3) . 

To be a direct threat— 

A condition must be (1) readily 

transmittable by casual contact during a 

flight; and (2) have severe health 

consequences. 

Direct Threat Determination 

If you are faced with particular 

circumstances where you are required to 

make a determination as to whether a 

passenger with a communicable disease 

or infection poses a direct threat to the 

health or safety of others, you must 

make an individualized assessment 

based on a reasonable judgment, relying 

on current medical knowledge or the 

best available objective evidence, to 

determine— 

(1) The nature, duration, and severity 

of the risk; 

(2) The probability that the potential 

harm to the health and safety of others 

will actually occur; and 

(3) Whether reasonably modifying 

policies, practices, or procedures will 

mitigate the risk. (§§ 382.19(c)(1)(i–iii) 

and 382.21(b)(1)(2)). 

In making this assessment, you may 

rely on directives issued by public 

health authorities such as the U.S. 

Centers for Disease Control or Public 

Health Service, comparable agencies in 

other countries, and the World Health 

Organization. You must consider the 

significance of the consequences of a 

communicable disease and the degree to 

which it can be readily transmitted by 

casual contact in an aircraft cabin. 

(§ 382.21(b)(1)). 

You should also confer with 

appropriate medical personnel and a 

CRO when making this assessment. The 

following table presents examples of 

communicable diseases and the degree 

to which they can be readily transmitted 

in an aircraft cabin, whether they 

involve severe health consequences and 

whether they pose a ‘‘direct threat’’ to 

other passengers: 

Communicable disease Readily transmissible in the 

aircraft cabin Severe health consequences Direct threat 

Common Cold .......................................... Yes ............................................ No .............................................. No. 

AIDS ......................................................... No .............................................. Yes ............................................ No. 

SARS ........................................................ Yes ............................................ Yes ............................................ Yes. 

(§ 382.21(b)(2)). 

If the Passenger Poses a Direct Threat to 

the Health and Safety of Others 

If, in your estimation, a passenger 

with a communicable disease or 

infection poses a direct threat to the 

health or safety of other passengers, you 

may— 

(1) Impose on that passenger a special 

condition or restriction (for example, 

wearing a mask); 

(2) Require that person to provide a 

medical certificate stating that the 

disease at its current stage would not be 

transmittable during the normal course 

of a flight or, if applicable, describing 

measures that would prevent 

transmission during the flight 

(§ 382.21(c)); 

(3) Delay the passenger’s 

transportation (for example, require the 

passenger to take a later flight); or 

(4) Refuse to provide transportation to 

that person. 

You must choose the least restrictive 

of the four options described above that 

would accomplish the objective. 

(§ 382.19(c)(2)). 

Medical Certificate Requirements— 

Direct Threat Determined 

See Section G, Medical Certificates, 

Medical Certificate and a Passenger with 

a Communicable Disease or Infection. 

Postponed Travel 

If you deem a passenger as presenting 

a direct threat and determine he or she 

cannot travel as scheduled, you must 

allow the passenger to travel at a time 

up to 90 days from the date of the 

postponed travel at the same price or, at 

the passenger’s discretion, provide a 

refund for any unused flights, including 

return flights. You may not apply 

cancellation or rebooking fees or 

penalties to this situation or subject the 

passenger to any fare increases that may 

occur in the meantime. In addition, you 

may not apply cancellation or rebooking 

fees or penalties to any increase in that 

passenger’s fare because a seat was 

unavailable in the fare class on his or 

her original ticket. (§ 382.21(d)). If you 

restrict a passenger’s travel on the basis 

that the passenger has a communicable 

disease or other medical condition, you 

must, on the passenger’s request, 

provide a written explanation within 10 

days of the passenger’s request. 

(§ 382.21(e)). 

Example: A passenger purchases a one-way 

economy/coach class ticket for a flight from 

Los Angeles to Tokyo on March 15 for $750. 

When the passenger arrives at the airport it 

is determined he has contracted Severe Acute 

Respiratory Syndrome (SARS). The carrier 

determines that because SARS is both able to 

be readily transmitted by casual contact 

during a flight and has severe health 

consequences the passenger presents a direct 

threat. Accordingly, the carrier forces the 

passenger to postpone his travel. On April 

15, the passenger is completely healthy and 


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free of SARS and wishes to rebook a ticket 

from Los Angeles to Tokyo. Even though the 

current price of an economy/coach class 

ticket from Los Angeles to Tokyo is $900 on 

April 15, the carrier may not charge this 

passenger more than $750 for the economy/ 

coach class ticket. Additionally, if there are 

no economy/coach class seats available when 

the passenger wants to travel and the 

passenger chooses to purchase a business or 

first class ticket to be on that particular flight, 

the carrier may not apply cancellation or 

rebooking fees or penalties to any increase in 

that passenger’s fare because no seats were 

available for purchase at the economy/coach 

class fare. However, you may charge the 

passenger the difference between the price of 

the $750 economy/coach class ticket and the 

price of a business class seat or a first class 

seat. 

At all times, as a matter of good customer 

service, you should treat the passenger with 

courtesy and respect. 

G. Medical Certificates 

Medical Certificates for Passengers With 

a Disability (Other Than Passengers 

With a Communicable Disease) 

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. Except 

under the circumstances described 

below, you must not require medical 

certification of a passenger with a 

disability as a condition for providing 

transportation. (§ 382.23(a) and (b)(2)). 

You may require a medical certificate 

only if the passenger with a disability: 

• Is traveling on a stretcher or in an 

incubator (where such service is 

offered); 

• Will be using a passenger-supplied 

POC in-flight or needs carrier-supplied 

medical oxygen (where such service is 

offered); 

• Has a medical condition that causes 

the carrier to have reasonable doubt that 

the passenger can complete the flight 

safely without requiring extraordinary 

medical assistance during the flight. 

(§ 382.23(b)); or 

• Has a communicable disease that 

poses a direct threat to the health and 

safety of others on the flight. 

(§ 382.23(c)). 

To be valid, the required medical 

certificate must be dated within 10 days 

of the scheduled date of the passenger’s 

initial departing flight. (§ 382.23(b)(3)). 

Note: The DOT’s intent regarding the 

medical certificate provision was to allow 

carriers to impose the 10-day time limit to 

medical certificates only for passengers with 

communicable diseases, not to other 

individuals such as passengers who need 

supplemental oxygen (for example, to assist 

those individuals with asthma or 

emphysema.) The DOT encourages carriers 

not to require the documentation to be dated 

within 10 days of the scheduled date of the 

passenger’s flight for passengers who wish to 

use an FAA-approved POC as supplemental 

oxygen. 

Example: A passenger schedules a flight 

from New York to London on January 15 

with a return flight on April 15 and would 

like to use a POC onboard the aircraft. The 

carrier could require the passenger to show 

a medical certificate dated January 5 or later. 

For the passenger’s return flight on April 15, 

the passenger would not have to show a 

second medical certificate dated April 5 or 

later. 

Significant Adverse Change in Medical 

Condition 

You may subject a passenger with a 

medical certificate to additional medical 

review if you believe that— 

(1) There has been a significant 

adverse change in the passenger’s 

medical condition since the issuance of 

the medical certificate or 

(2) The certificate significantly 

understates the passenger’s risk to the 

health or safety of others on the flight. 

If this additional medical review 

shows that the passenger is unlikely to 

complete the flight without 

extraordinary medical assistance you 

may, notwithstanding the medical 

certificate, deny or restrict the 

passenger’s transportation. (§ 382.23(d)). 

Note: If you deny or restrict a passenger’s 

travel, you must provide a written 

explanation upon the passenger’s request 

within 10 days of the request explaining why 

you considered the restriction necessary. 

(§ 382.21(e)). 

Medical Certificate and a Passenger 

With a Communicable Disease or 

Infection 

If you determine that a passenger with 

a communicable disease or infection 

poses a direct threat to the health or 

safety of others on the flight, you may 

require a medical certificate from the 

passenger. (§ 382.23(c)(1)) The medical 

certificate is a written statement from 

the passenger’s physician stating that 

the disease or infection would not under 

current conditions be communicable to 

other persons during the normal course 

of the flight and must include any 

conditions or precautions that would 

have to be observed to prevent the 

transmission of the disease or infection 

during the normal course of the flight. 

The medical certificate must be dated 

within 10 days of the flight date, not 

within 10 days of the initial flight. 

(§ 382.23(c)(2)). 

In the event that you determine the 

need for a medical certificate for a 

passenger with a communicable disease 

or infection, you should provide the 

passenger with the disability the reason 

for the request. You should base your 

request on the reasons provided in Part 

382 and outlined above. 

At all times, you should treat the 

passenger from whom you are 

requesting a medical certificate with 

courtesy and respect. 

Example: A passenger arrives at the gate 

with her 6-year-old daughter. The girl’s face 

and arms are covered with red lesions, 

resembling chicken pox. What should you 

do? 

Generally, you must not refuse travel to, 

require a medical certificate from, or impose 

special conditions on a passenger with a 

communicable disease or infection. However, 

if a passenger appears to have a 

communicable disease or infection that poses 

a direct threat to the health or safety of other 

passengers, you may be required to make a 

determination about the best course of action 

based on the seriousness of the health risk 

and the ease of disease transmittal. As 

previously discussed, for a communicable 

disease or infection to pose a direct threat, 

the condition must both be readily 

transmitted under conditions of flight and 

have serious health consequences. An 

example of such a communicable disease is 

SARs. Medical conditions that do not pose a 

direct threat to the health or safety of 

passengers (1) are easily transmitted in 

aircraft cabins but have limited health 

consequences such as the common cold or (2) 

are difficult to transmit in aircraft cabins but 

have serious health consequences such as 

acquired immune deficiency syndrome 

(AIDS). 

The first thing you should do is interview 

the passenger and her mother to obtain basic 

information about the girl’s condition. This 

exchange should be done discreetly and in a 

courteous and respectful manner. If you still 

have a question about the nature of the 

child’s condition that will affect decisions 

about transportation, you should contact a 

CRO and explain the situation. 

Here, the mother tells you and the CRO 

that the child has chicken pox but is no 

longer contagious. The CRO would likely 

consult with appropriate medical personnel 

to verify whether the child could be 

contagious based on the mother’s statement 

and the CRO’s observations and confirm that 

contagious chicken pox would pose a direct 

threat to passengers. 

If there is a reasonable basis for believing 

that the passenger poses a direct threat to the 

health or safety of others, you must choose 

the least restrictive alternative among the 

following options: 

(1) Refusing transportation to the 

individual; 

(2) Delaying the passenger’s transportation 

(for example, requiring the individual to take 

a later flight); 

(3) Requiring a medical certificate; or 

(4) Imposing a special condition or 

limitation on the individual. 

If the medical support people indicate 

there is a chance that the child is no longer 

contagious but only if a certain number of 

days have passed since the outbreak of the 


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lesions, you could request a medical 

certificate before you permit the child to 

travel. 

Having discussed the situation with the 

passenger and her mother and consulted the 

CRO and the medical support personnel, the 

request for a medical certificate appears to be 

reasonable under the circumstances and the 

least restrictive of the four options. 

As a reminder, § 382.23(c)(2) specifies that 

the medical certificate be from the child’s 

physician and state that the child’s chicken 

pox would not be communicable to other 

passengers during the normal course of a 

flight. The medical certificate must also 

include any conditions or precautions that 

would have to be observed to prevent the 

transmission of the chicken pox to other 

passengers during the normal course of a 

flight and be dated within 10 days of the date 

of the flight. If the medical certificate is 

incomplete, you cannot carry out the 

prescribed measures on the medical 

certificate. If you cannot carry out the 

prescribed measures on the medical 

certificate or if the passenger is attempting to 

travel before the date specified in the medical 

certificate or without implementing the 

conditions outlined to prevent transmission, 

the child would not be permitted to fly. 

Note: If you restrict a passenger’s travel, 

you must provide a written explanation upon 

the passenger’s request within 10 days of the 

request explaining why you considered the 

restriction necessary. (§ 382.21(e)). 

Significant Adverse Change in Medical 

Condition 

You may subject a passenger with a 

medical certificate to additional medical 

review if you believe that— 

(1) There has been a significant 

adverse change in the passenger’s 

medical condition since the issuance of 

the medical certificate or 

(2) The certificate significantly 

understates the passenger’s risk to the 

health or safety of others on the flight. 

If this additional medical review 

shows that the passenger is unlikely to 

complete the flight without 

extraordinary medical assistance or 

would pose a direct threat to other 

passengers, you may, notwithstanding 

the medical certificate, deny or restrict 

the passenger’s transportation. 

(§ 382.23(d)). 

H. Your Obligation To Provide Services 

and Equipment 

Moving Through the Terminal 

Assistance 

Terminal Entrance to Gate and Gate to 

Terminal Entrance 

As a carrier, you must provide, or 

ensure the provision of, assistance to a 

passenger with a disability in moving 

from the terminal entrance through the 

airport to the gate for a departing flight 

or from the gate to the terminal entrance 

if the passenger or someone on behalf of 

the passenger requests such assistance 

or you offer and the passenger with a 

disability accepts the assistance. This 

obligation extends to a vehicle drop-off 

or pick-up point adjacent to the terminal 

entrance and key functional areas of the 

terminal such as ticket counters and 

baggage claim. This does not include 

satellite parking or car rental drop-off 

areas that are not adjacent to the 

terminal entrance. 

Rest Room Stops 

While providing assistance to a 

disabled passenger in going to, from and 

between gates, a carrier must, upon 

request, make a brief stop at the 

entrance to a rest room, including an 

accessible rest room when requested, if 

such a stop is available on the route and 

the stop can be made without 

unreasonable delay. (§ 382.91(b), (b)(1), 

and (b)(2)). 

Luggage Assistance 

As a carrier, you also must assist 

passengers who are unable to carry their 

luggage because of their disability with 

transporting their luggage for check-in at 

the ticket counter or gate, or as carry-on 

aboard the aircraft. This obligation 

exists only if the passenger requests 

such assistance and can make credible 

verbal assurances of his or her inability 

to carry the item because of his or her 

disability. If the passenger’s verbal 

assurances are not credible, you may 

require the passenger to produce 

documentation as a condition of 

providing the service. (§ 382.91(d)). 

Animal Relief Area Escort 

At airports located in the United 

States, you must in cooperation with the 

airport operator, provide for escorting a 

passenger with a service animal to an 

animal relief area if the passenger 

requests. (§ 382.91(c)). See Section D 

above. 

Connecting Assistance 

The arriving carrier (the one that 

operates the first of the two flights that 

are connecting) is responsible for 

connecting assistance for passengers 

with a disability moving within the 

terminal. As an employee/contractor of 

the arriving carrier, on request, you 

must provide assistance to a passenger 

with a disability in making flight 

connections and providing 

transportation between gates. The 

arriving carrier may mutually agree with 

the carrier operating the departing 

connecting flight (the second flight of 

the two flights) that the departing carrier 

will provide the connecting assistance. 

However, the carrier operating the 

arriving flight is ultimately responsible 

for ensuring that connecting assistance 

is provided to the passenger with a 

disability. (§ 382.91(a)). This service 

must be provided regardless of whether 

the passenger has a single ticket 

showing a connection or has two 

separate tickets for the journey. 

Boarding and Deplaning Assistance 

If assistance with boarding or 

deplaning, making flight connections, or 

transportation between gates is 

requested by or on behalf of a passenger 

with a disability, or offered by carrier 

personnel and accepted by the 

passenger, you must provide it. 

More specifically, you must promptly 

provide, when needed and to the extent 

required by law, the following: 

• Services personnel, 

• Ground wheelchairs, 

• Accessible motorized carts, 

• On-board wheelchairs, 

• Boarding wheelchairs, and/or 

• Ramps or mechanical lifts. 

(§ 382.95(a)). 

At U.S. commercial service airports 

with 10,000 or more annual 

enplanements, as a carrier, you must 

provide boarding assistance using lifts 

or ramps where level-entry boarding 

and deplaning or accessible passenger 

lounges are not otherwise available. 

(§ 382.95(b)). This requirement applies 

to aircraft with a passenger seating 

capacity of 19 or more, with limited 

exceptions (float planes; Fairchild 

Metro; Jetstream 31 and 32; Beech 

1900C and 1900D; Embraer EMB–120; 

and any other aircraft model the DOT 

determines unsuitable for boarding 

assistance by lift, ramp, or other suitable 

device). (§ 382.97). 

On-Board Wheelchair Requirements 

Aircraft with more than 60 passenger 

seats having an accessible lavatory must 

be equipped with an operable on-board 

wheelchair. The Aerospatiale/Aeritalia 

ATR–72 and the British Aerospace 

Advanced Turboprop (ATP) that have 

seating configurations between 60 and 

70 passenger seats are exempt from this 

requirement. (§ 382.65(a)). 

On-board wheelchairs must be 

equipped with— 

• 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. 

(§ 382.65(c)(1)). 


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The on-board wheelchair 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 easily be pushed, 

pulled, and turned in the cabin 

environment by carrier personnel. 

(§ 382.65(c)(2)). 

If the aircraft being used for the flight 

has more than 60 passenger seats but 

does not have an accessible lavatory, 

you must provide an on-board 

wheelchair upon request for a passenger 

who can use the inaccessible lavatory 

but cannot reach it from his or her seat 

without the use of an on-board 

wheelchair. You may require the 

passenger to provide up to 48 hours’ 

advance notice and check in 1 hour 

before the check-in time for the general 

public when requesting the on-board 

wheelchair under these circumstances. 

(§ 382.65(b)) and 382.27(c)(7)). 

Compliance Dates for On-Board 

Wheelchairs 

Foreign carriers were required to meet 

the requirements for an on-board 

wheelchair by May 13, 2010. U.S. 

carriers were required to meet these 

requirements by May 13, 2009. 

Assembly and Disassembly of 

Passenger’s Wheelchairs 

You must permit a passenger with a 

disability to provide written 

instructions and should accept oral 

advice from the passenger concerning 

the disassembly and reassembly of the 

passenger’s wheelchair. (§ 382.129(a)). 

In addition, consistent with good 

customer service, you should treat the 

passenger with a disability with 

courtesy and respect at all times by 

keeping the passenger informed about 

any problems or delays in providing 

personnel or equipment in connection 

with an accommodation. 

I. Safety Assistants 

Except under limited circumstances, 

you cannot require a passenger with a 

disability to be accompanied by a safety 

assistant. (§ 382.29(a)). See Chapter 4, 

Section E, Safety Assistants, for a 

discussion of the Part 382 requirements 

for a safety assistant. 

Chapter 4: Assisting Air Travelers With 

Disabilities at the Airport 

A. Accessibility of Terminal Facilities and 

Services 

B. Security Screening for Air Travelers With 

a Disability 

C. Air Travelers With a Disability Moving 

Through the Terminal and Changing 

Airplanes 

D. Accommodations for Air Travelers With 

Vision or Hearing Impairments 

E. Safety Assistants 

A. Accessibility of Terminal Facilities 

and Services 

Airports Located in the United States 

Accessibility 

All terminal facilities owned, leased, 

or controlled by carriers at U.S. airports, 

must be readily accessible to and usable 

by individuals with disabilities, 

including individuals who use 

wheelchairs. (§ 382.51(a)(1)). For 

example, terminals must provide 

accessible intra- and inter-terminal 

transportation systems, such as moving 

sidewalks, shuttle vehicles, and people 

movers. (§ 382.51(a)(3)). 

As a carrier, you must ensure that 

there is an accessible route (one meeting 

the requirements of the Americans with 

Disabilities Act Accessibility Guidelines 

(ADAAG)) between the gate and 

boarding area when an accessible 

passenger lounge or other level entry 

boarding and deplaning is not available 

to and from an aircraft. For example, 

there must be an accessible path on the 

tarmac between the gate and the aircraft 

when level-entry boarding is not 

available. (§ 382.51(a)(2)). 

Animal Relief Areas 

In cooperation with the airport 

operator and in consultation with local 

service animal training organizations, 

you must provide animal relief areas for 

service animals that accompany 

passengers departing, connecting, or 

arriving at an airport on your flights. 

(§ 382.51(a)(5)). 

The national and international service 

animal organizations below have 

directories of training organizations on 

their Web sites that you and the airport 

operator can use to find the nearest 

service animal training organization. 

Such groups are often able to put 

airlines and airports in touch with 

sources of the necessary technical 

expertise on establishing relief areas. 

• American Dog Trainers Network. 

Web site address: http://www.inch.com/ 

∼dogs/service.html. 

• Assistance Dogs International. Web 

site address: http:// 

www.assistancedogsinternational.org/ 

membersstatecountry.php. 

If the Department’s Aviation 

Enforcement Office received a 

complaint alleging that an animal relief 

area was not available or not being 

properly maintained, the carrier 

involved would ultimately be 

responsible for ensuring these areas are 

available and maintained, with respect 

to terminal facilities the carrier owns, 

leases or controls. However, the actual 

establishment of the animal relief area, 

as well as its maintenance, could be 

handled contractually with the airport 

operator since several carriers could be 

using the same designated animal relief 

area. 

Relief Area Location. Although not 

specifically required by Part 382, you 

and the airport operator may wish to 

consider the benefits of establishing 

animal relief areas both inside and 

outside the secure area (for example, to 

accommodate passengers with short 

connection times, to minimize time 

needed for escort service or passenger 

convenience). In establishing animal 

relief areas inside the secure area, you 

and the airport operator should 

coordinate closely with the 

Transportation Security Administration 

(TSA) and the Customs and Border 

Protection (CBP) offices serving the 

airport to ensure that the animal relief 

area can be used consistent with TSA 

and CBP procedures. 

Establishing a Relief Area. Factors to 

consider in establishing relief areas 

include the size and surface material of 

the area, maintenance, and distance to 

the relief area, which could vary based 

on the size and configuration of the 

airport. The best solution based on these 

factors could vary from airport to airport 

and therefore involvement of all the 

stakeholder groups in the planning is 

critical (for example, airline, airport, 

service animal training organization, 

TSA, and CBP). 

Considerations for designating and 

constructing areas safe for humans and 

animals include: 

(1) Designate relief areas solely for 

that purpose. This helps keep the area 

free of hazards and distractions, and 

helps prevent the spread of waste 

contamination. 

(2) Establish relief areas that are: 

(a) Accessible to passengers with all 

types of disabilities; 

(b) Of a size adequate for larger dogs 

to use; 

(c) Minimal travel distance to and 

from the gate for passengers making 

connecting flights; and 

(d) Equipped with adequate lighting 

to enhance usability and security. 

(3) Keep the area clean (for example, 

free of broken glass, bottle caps, and 

trash). When feasible, the area should 

also be free of loud noises and strong 

odors. 

(4) Use a gravel or sand surface for 

relief areas. Gravel can be disinfected 

adequately to reduce the chance of 

germs being spread between animals or 

carried outside of the relief area. 

(5) Install adequate drainage to allow 

cleaning by regularly hosing down the 

relief area. 

(6) Provide trash cans for waste 

disposal that are emptied frequently. 


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Note: There is a requirement for carriers to 

consult with service animal training 

organizations in establishing animal relief 

areas. Where there is no local service animal 

training organization, the Department of 

Transportation (DOT) would consider 

consultation with a national or international 

service animal training organization to satisfy 

the requirement. 

You should advise passengers who request 

you provide them with assistance to an 

animal relief area of the location of the 

animal relief area. Additionally, if requested, 

it would be your responsibility to accompany 

a passenger traveling with a service animal 

to and from the animal relief area. The 

requirement to provide animal relief areas 

was effective on May 13, 2009, for U.S. 

carriers and May 13, 2010, for foreign 

carriers. 

High-Contrast Captioning on 

Televisions and Other Audio-Visual 

Displays 

You must enable captioning at all 

times on all televisions and other audiovisual displays that are capable of 

displaying captions and that are located 

in any portion of the terminal where 

passengers have access. The captioning 

must be high contrast if feasible. 

(§ 382.51(a)(6)). 

You must replace any televisions and 

other audio-visual displays providing 

passengers with safety briefings, 

information, or entertainment that do 

not have high-contrast captioning 

capability with equipment that has such 

capability when you replace such 

equipment in the normal course of 

operations and/or whenever areas of the 

terminal in which such equipment is 

located are undergoing substantial 

renovation or expansion. 

(§ 382.51(a)(7)). If you newly acquire 

televisions and other audio-visual 

displays for passenger safety briefings 

(for example, safety briefings on the 

location of airport terminal emergency 

exists), information, or entertainment, 

on or after May 13, 2009, this equipment 

must have high-contrast captioning 

capability. (§ 382.51(a)(8)). 

Compliance Dates 

U.S. Carriers .............. You must meet the facility accessibility requirements described above at airports located in the United States on or after 

May 13, 2009, as specified in this section. 

Foreign Carriers ........ You must meet the facility accessibility requirements described above at airports located in the United States by May 

13, 2010. 

(§ 382.51(c)). 

Airports Located in a Foreign Country 

The ADAAG requirements do not 

apply to foreign airports. However, Part 

382 contains a performance requirement 

to ensure that passengers with a 

disability can readily use the facilities 

the carrier owns, leases, or controls at 

the airport. (§ 382.51(b)). As a foreign 

carrier, this requirement applies only at 

terminal facilities for flights covered by 

the rule. 

Moving Through the Terminal 

You must ensure that a passenger 

with a disability is able to move readily 

through the terminal facilities, to get to 

or from the gate and any other area from 

which passengers board your carrier’s 

aircraft. This includes moving on the 

tarmac between the gate and the aircraft 

when an accessible passenger lounge is 

not available, and moving to and from 

an aircraft when level-entry boarding is 

not available. (§ 382.51(b)(1)). You may 

meet this obligation through any 

combination of accessible facilities, 

auxiliary aids, equipment, the assistance 

of personnel, or other means consistent 

with ensuring the safety and dignity of 

the passenger (for example, lifting a 

passenger in a boarding chair). 

(§ 382.51(b)(2)). 

Compliance Dates 

Foreign and U.S. carriers must have 

met the facility accessibility 

requirements described above at foreign 

airports by May 13, 2010. (§ 382.51(c)). 

Restrictions 

As a carrier, you must not subject 

passengers with disabilities to 

restrictions that do not apply to other 

passengers unless otherwise permitted 

for certain services such as the advance 

notice requirements under § 382.27. You 

must not— 

(1) Restrict the movements of 

individuals with disabilities within 

terminals; 

(2) Require them to remain in a 

holding area or other location to receive 

assistance, such as transportation, 

services, or accommodations; 

(3) Mandate separate treatment for 

individuals with disabilities except as 

required or permitted under Part 382 or 

other applicable Federal requirements; 

or 

(4) Make passengers with disabilities 

wear badges or other special 

identification (unless the passenger 

gives consent). (§ 382.33). 

Automated Kiosks 

If existing automated kiosks are 

inaccessible (for example, to wheelchair 

users because of height or reach issues 

or to passengers with vision 

impairments because of issues related to 

visual displays or touch screens), as a 

carrier, you must provide equivalent 

service for persons with disabilities who 

cannot use the kiosks for ticketing and 

obtaining boarding passes. For example, 

you could allow a passenger who cannot 

use the kiosk to come to the front of the 

line at the check-in counter, or carrier 

personnel could meet the passenger at 

the kiosk and help the passenger use the 

kiosk. (§ 382.57). 

B. Security Screening for Air Travelers 

With a Disability 

Security Screening for Passengers With 

a Disability Same as for Other 

Passengers 

All passengers including those with 

disabilities are subject to TSA security 

screening requirements at U.S. airports. 

Passengers at foreign airports, including 

those with disabilities, may be subject to 

security screening measures required by 

the law of the country where the airport 

is located. (§ 382.55(a)). 

If, as a carrier, you want to go beyond 

mandated security screening 

procedures, you must conduct the 

security screening of a passenger with a 

disability in the same manner as any 

other passenger. You must not subject a 

passenger with a disability who 

possesses a mobility aid or other 

assistive device used for independent 

travel to a special screening procedure 

if the passenger and the aid or assistive 

device clears security without activating 

the security system. (§ 382.55(b)(2)). 

Screening Mobility Aid or Assistive 

Device 

Your security personnel may examine 

a mobility aid or assistive device if, in 

their judgment, it may conceal a weapon 

or other prohibited item even if the 

mobility aid or assistive device does not 

activate the security system. 

In the event a passenger’s mobility aid 

or assistive device activates the security 

system, you may conduct the security 

search of the passenger with a disability 

in the same manner as you would for 

other passengers who activate the 

system. (§ 382.55(b)(2)(ii)). 


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Passenger With a Disability Requests 

Private Screening 

You must not require a private 

security screening for a passenger with 

a disability for any reason different from 

the reasons other passengers would be 

subject to a private security screening. 

(§ 382.55(b)(3)). However, if a passenger 

with a disability requests a private 

security screening in a timely manner, 

you must provide it in time for the 

passenger to board the flight. 

(§ 382.55(c)). If you use technology to 

conduct a security screening of a 

passenger with a disability without the 

need for a physical search of the person, 

you are not required to provide a private 

screening. (§ 382.55(d)). 

Finally, under certain circumstances, 

safety considerations may require you to 

exercise discretion in making the above 

decisions. You must always seek 

assistance from the appropriate 

designated personnel, including your 

carrier’s Complaints Resolution Official 

(CRO), in making such a decision. 

C. Air Travelers With a Disability 

Moving Through the Terminal and 

Changing Airplanes 

Moving Through the Terminal 

(Terminal Entrance to Gate and Gate to 

Terminal Entrance) 

As a carrier, you must provide, or 

ensure the provision of, assistance to a 

passenger with a disability in moving 

from the terminal entrance through the 

airport to the gate for a departing flight 

or from the gate to the terminal entrance 

if the passenger or someone on behalf of 

the passenger requests such assistance 

or you offer and the passenger with a 

disability accepts the assistance. This 

obligation extends to a vehicle drop-off 

or pick up point adjacent to the terminal 

entrance and key functional areas of the 

terminal such as ticket counters and 

baggage claim. This does not include 

satellite parking or car rental drop-off 

areas that are not adjacent to the 

terminal entrance. 

While providing assistance to a 

disabled passenger in going to, from and 

between gates, a carriers must, upon 

request, make a brief stop at the 

entrance to a rest room, including an 

accessible rest room when requested, if 

such a stop is available on the route and 

the stop can be made without 

unreasonable delay. (§ 382.91(b), (b)(1), 

and (b)(2)). 

As a carrier, you also must assist 

passengers who are unable to carry their 

luggage because of their disability with 

transporting their luggage for check-in at 

the ticket counter or gate, or as carry-on 

aboard the aircraft. This obligation 

exists only if the passenger requests 

such assistance and can make credible 

verbal assurances of his or her inability 

to carry the item because of his or her 

disability. If the passenger’s verbal 

assurances are not credible, you may 

require the passenger to produce 

documentation as a condition of 

providing the service. (§ 382.91(d)). 

At airports located in the United 

States, you must in cooperation with the 

airport operator, provide for escorting a 

passenger with a service animal to an 

animal relief area if the passenger 

requests. (§ 382.91(c)). 

Connecting Assistance 

The arriving carrier (the one that 

operates the first of the two flights that 

are connecting) is responsible for 

connecting assistance for passengers 

with a disability moving within the 

terminal. As an employee/contractor of 

the arriving carrier, on request, you 

must provide assistance to a passenger 

with a disability in making flight 

connections and providing 

transportation between gates. The 

arriving carrier may mutually agree with 

the carrier operating the departing 

connecting flight (the second flight of 

the two flights) that the departing carrier 

will provide the connecting assistance. 

However, the carrier operating the 

arriving flight is ultimately responsible 

for ensuring that connecting assistance 

is provided to the passenger with a 

disability. (§ 382.91(a)). This service 

must be provided regardless of whether 

the passenger has a single ticket 

showing a connection or has two 

separate tickets for the journey. 

When needed and to the extent 

required by law, you must provide the 

services of personnel, and the use of 

ground wheelchairs, accessible 

motorized carts, boarding wheelchairs, 

and/or onboard wheelchairs, and ramps 

or mechanical lifts. This requirement is 

discussed in more detail in Chapters 3 

and 5. (§ 382.95(a)). 

Note: A carrier and its contractors must not 

leave a passenger with a disability who has 

requested assistance unattended in a 

wheelchair or other device in which the 

passenger is not independently mobile for 

more than 30 minutes. This requirement 

applies even if another person such as a 

family member or personal care attendant 

accompanies the passenger unless the 

passenger with a disability clearly waives 

this obligation. (§ 382.103)). 

Example 1: A passenger who developed a 

progressive onset of weakness in his legs 

during his flight requests a wheelchair when 

he deplanes to assist him in making his 

connecting flight. What should you do? 

Because the arriving carrier is responsible 

for providing transportation to a passenger 

with a disability to the gate of his connecting 

flight, you must provide timely assistance so 

he makes it to his connecting flight. In 

addition, you should keep in mind that you 

cannot leave the passenger unattended for 

more than 30 minutes in a wheelchair or 

other device if the passenger is not 

independently mobile. For purposes of 

section 382.103, a person who is not 

independently mobile is a person who would 

not be able to get up from the wheelchair and 

maneuver to areas of the terminal such as the 

restroom or a food service provider without 

mobility assistance. As a matter of good 

customer service, you should treat the 

passenger with courtesy and respect 

throughout this process. 

Example 2: As an arriving air carrier, you 

provide connecting assistance to a passenger 

with a disability to the departing carrier’s 

gate. Upon arrival at the departing carrier’s 

gate, you and the passenger find there is no 

staff at any of the gates yet. What should you 

do? 

If the departing carrier has no staff at any 

of its gates in that terminal at the time the 

passenger is brought there (for example, if the 

passenger missed the second flight because 

the first flight was delayed), you should 

advise the passenger of this fact and offer to 

take the passenger to a staffed location such 

as the departing carrier’s ticket counter, or 

office location. You should not leave the 

passenger at an unstaffed gate unless he or 

she has agreed. 

If no departing carrier staff can be located, 

you should advise the passenger of this fact. 

If the passenger asks to be taken to the 

terminal entrance or motor vehicle pickup 

point (for example, to go to a hotel) you must 

take the passenger to the terminal entrance or 

pickup point. If the passenger wishes to 

remain at the airport, your obligation to an 

ambulatory passenger ends. For a 

nonambulatory passenger, you are subject to 

§ 382.103, which states that a carrier must 

not leave a passenger who has requested 

connecting assistance unattended in a 

wheelchair or comparable device, in which 

the passenger is not independently mobile, 

for more than 30 minutes. In that situation, 

you must take the passenger to one of your 

staffed locations, or at a minimum, you must 

check on the passenger at least every 30 

minutes. Your obligation to provide 

connecting assistance ends 12 hours after you 

began the connecting assistance for that 

passenger, or when the airport closes, or 

when your carrier’s operations at that airport 

end, whichever comes first. 

D. Accommodations for Air Travelers 

With Vision or Hearing Impairments 

U.S. Carriers 

As a U.S. carrier, you must ensure 

that passengers with a disability, 

including those who identify 

themselves as persons needing visual or 

hearing assistance, receive prompt 

access to the same information that you 

provide to other passengers at each gate, 

ticketing area, and customer service 

desk that you own, lease, or control at 

any U.S. or foreign airport. In this 

context, ‘‘prompt’’ means that you must 

provide this information to passengers 


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with vision or hearing impairments as 

close as possible to the time that the 

information is transmitted to the general 

public. However, you are not required to 

provide information if it would interfere 

with employee safety and security 

duties under applicable Federal 

Aviation Administration (FAA) and 

foreign government regulations. 

(§ 382.53(a)(1)). 

This requirement applies to a wide 

variety of areas such as— 

• Flight safety, 

• Ticketing, 

• Flight check-in, 

• Flight delays or cancellations, 

• Schedule changes, 

• Boarding information, 

• Connections, 

• Gate assignments, 

• Claiming baggage, 

• Volunteer solicitation on oversold 

flights (for example, offers of 

compensation for surrendering a 

reservation), 

• Individuals being paged by airlines, 

• Aircraft changes that affect the 

travel of persons with disabilities, and 

• Emergencies (for example, fire, 

bomb threat) in the terminal. 

(§ 382.53(b)). 

Foreign Carriers 

As a foreign carrier, you must make 

the same information listed in the 

section above available to passengers 

with a disability, including those who 

identify themselves as needing visual or 

hearing assistance, at each gate, 

ticketing area, and customer service 

desk that you own, lease, or control at 

any U.S. airport. 

At foreign airports, you must make 

this information available only at gates, 

ticketing areas, or customer service 

desks that you own, lease, or control 

and only for flights that begin or end in 

the United States. (§ 382.53(a)(2)). 

Claiming Baggage 

As a carrier, you must provide 

information on claiming baggage to 

passengers who identify themselves as 

persons needing visual or hearing 

assistance no later than you provide this 

information to other passengers. 

(§ 382.53(c)). For example, if you 

provide information on baggage 

collection to arriving passengers at the 

baggage claim area, you can comply 

with this requirement by giving the 

information to self-identifying 

passengers onboard the aircraft or at the 

gate. 

TTY (Text Telephone) 

U.S. Carriers 

As a U.S. carrier, if you provide a 

telephone reservation and information 

service to the public, you must make 

that service available to individuals who 

use a TTY (by your own TTY, voice 

relay (real time text streaming to an 

Internet connected computer), or other 

available technology) to permit 

individuals with hearing impairments to 

obtain this information. See also 

Chapter 3, Section E, Accommodations 

for Air Travelers with Hearing 

Impairments. 

You must make access to the 

telephone reservation and information 

service available to TTY users during 

the same hours as the telephone service 

is available for the general public. The 

same wait time and surcharges must 

apply to TTY users as for non-TTY users 

of the telephone information and 

reservation service. In addition, you 

must ensure that the response time for 

answering calls and the level of service 

provided to TTY users is substantially 

equivalent to the response time and 

level of service provided to non-TTY 

users. These requirements ensure that 

passengers with hearing impairments 

are on a substantially equivalent footing 

with the rest of the public in their 

ability to communicate with carriers 

about information and reservations by 

telephone. (§ 382.43(a)(1)–(3)). 

If you list the telephone number of 

your information and reservation 

service for the general public, you must 

list your TTY number if you have one. 

If you do not have a TTY number, you 

must state how TTY users can reach 

your information and reservation 

service for example using a voice relay 

service. The media used to state these 

information and reservation services 

may include Web sites, ticket jackets, 

telephone books, and print 

advertisements. (§ 382.43(a)(4)). 

The TTY or similar technology also 

must be available if the passenger with 

a hearing impairment wishes to contact 

a CRO. (§ 382.151(b)). You should be 

familiar with the use of the TTY or 

similar technology and its locations 

within the terminal. 

In addition, you should be aware of 

the option of using a relay operator to 

connect one party who is using a TTY 

and one party who is using a voiceoperated telephone. By dialing 711 on 

any telephone in the United States (TTY 

or voice operated) you can contact a 

relay operator who serves as a ‘‘go 

between’’ between a person using a TTY 

and a person using a voice-operated 

telephone. (http://www.fcc.gov/cgb/ 

consumerfacts/711.html). 

Example: A passenger with a hearing 

impairment complains to you about another 

employee whom she believes has been rude 

and humiliated her when she asked for an 

alternate means of communication because 

she was unable to hear what was being said 

to passengers waiting to board the flight. 

What should you do? 

As a matter of good customer service, you 

should apologize to the passenger for any 

insensitive behavior on the part of carrier 

personnel. In general, you should carefully 

observe and gauge the manner in which this 

passenger with a hearing impairment 

communicates. When communicating, try to 

use the same method, for example, speaking 

slowly, communicating in writing or with the 

assistance of an aid or device. Try to find out 

what happened and what information she 

missed by communicating in an accessible 

manner. 

You may also consult with a CRO about 

sign language or other assistive services that 

might be available for this passenger. If the 

CRO is made available by telephone and the 

passenger requests, TTY service must be 

available for the passenger to communicate 

directly with the CRO. You should also 

notify the appropriate crewmembers to 

ensure that the transmittal of information 

onboard the aircraft is accessible to this 

passenger. 

Foreign Carriers 

As a foreign carrier, you must have 

met the TTY requirements that apply to 

U.S. carriers and described above in this 

section by May 13, 2010. 

(§ 382.43(a)(5)). However, these 

requirements apply only with respect to 

information and reservation services for 

flights that begin or end at a U.S. 

airport. TTY services apply only with 

respect to flights for which reservation 

telephone call from the United States 

are accepted. 

Exception 

The TTY requirements do not apply 

to carriers in any country in which the 

telecommunications infrastructure does 

not readily permit compliance. 

(§ 382.43(b)). 

E. Safety Assistants 

You should know that you must not 

require a passenger with a disability to 

be accompanied by another person in 

order to travel unless you determine 

that a safety assistant is essential for 

safety. (§ 382.29(a) and (b)). Similarly, 

even if you have concerns about a 

passenger’s ability to access the lavatory 

or the passenger’s need for extensive 

special assistance which airline 

personnel are not obligated to provide 

(for example, assistance in eating, 

assistance within the lavatory, or 

provision of medical services 

(§ 382.113), you must not require the 

passenger with a disability to travel 

with a safety assistant or personal care 

attendant except in the circumstances 

described below. (§ 382.29(f)). 


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13Quadriplegia means the inability to move all 

four limbs or the entire body below the neck. 

Safety Considerations May Necessitate a 

Safety Assistant 

In the interest of safety, you may 

require that a passenger with a disability 

travel with a safety assistant if the 

passenger is— 

• Traveling on a stretcher or in an 

incubator (where such service is 

offered); 

• Because of a mental disability is 

unable to comprehend or respond 

appropriately to safety instructions 

including the safety briefing; 

• Severely mobility impaired and 

would be unable to assist in the 

passenger’s own evacuation from the 

aircraft; or 

• Severely hearing and vision 

impaired such that the passenger could 

not adequately communicate with 

airline employees with regard to the 

safety briefing and assist in his or her 

evacuation in the event of an 

emergency. (§ 382.29(b)(1) through 

(b)(4)). 

Carrier Contends That Attendant Is 

Required for Safety Reasons and 

Passenger Disagrees 

If after careful consultation with a 

CRO and any other personnel you are 

required to consult, you determine that 

a passenger with a disability must travel 

with a safety assistant for one of the 

reasons described in § 382.29(b) (see list 

above), then you may require that the 

passenger be accompanied by a safety 

assistant. If your decision differs from 

the self-assessment of the passenger 

with a disability, then you must not 

charge for the transportation of the 

safety assistant. (§ 382.29(c))(1)). In 

addition, if a seat is not available on the 

flight for the safety assistant whom you 

have determined to be necessary and, as 

a result, the passenger with a disability 

with a confirmed reservation is unable 

to travel on the flight, the passenger 

with a disability is eligible for denied 

boarding compensation. (§ 382.29(d)). 

For purposes of determining whether a 

seat is available for a safety assistant, 

you must consider the assistant to have 

checked in at the same time as the 

passenger with a disability. 

(§ 382.29(e)). 

In the event you choose to recruit a 

safety assistant to accompany the 

passenger with a disability, even though 

carriers are not obligated to do so 

(§ 382.29(c)(1)), you may ask— 

(1) An off-duty airline employee 

traveling on the same flight to function 

as the safety assistant; 

(2) A volunteer from among the other 

customers traveling on the flight and 

offer compensation, such as a free ticket, 

for their assistance; or 

(3) The passenger with a disability to 

provide his or her own safety assistant 

and you must offer a free ticket to that 

assistant. 

If the safety assistant is accompanying 

a passenger traveling on a stretcher or in 

an incubator, the assistant must be 

capable of attending to the passenger’s 

in-flight medical needs. (§ 382.29(b)(1)). 

Otherwise, the purpose of the assistant 

is to assist the passenger with a 

disability in an emergency evacuation. 

Other than the situation described above 

when a safety assistant is accompanying 

a passenger who is on a stretcher or in 

an incubator, the assistant is not 

obligated to provide personal services to 

the passenger with a disability such as 

assistance with eating or accessing the 

lavatory. 

Example: A passenger with quadriplegia 13

traveling alone approaches the check-in 

counter. You have concerns as to whether the 

passenger’s mobility impairment is so severe 

that he would be unable to assist in his own 

evacuation from the aircraft. What should 

you do? 

You should begin by communicating with 

the passenger to determine the extent of his 

mobility impairment. As a matter of good 

customer service, you should treat the 

passenger with courtesy and respect at all 

times. Under the circumstances, you should 

contact a CRO to discuss the situation and 

determine whether a safety assistant must 

accompany the passenger. You and the CRO 

could begin by asking the passenger about his 

mobility impairment and whether he would 

be able to assist with his own evacuation in 

the event of an emergency. More specifically, 

you should determine whether the passenger 

has the functional ability to make any 

progress toward an exit during an evacuation. 

If the passenger tells you that his ability to 

assist in his evacuation is limited to 

shouting, ‘‘Help!’’ you and the CRO should 

explain to him that the issue is whether he 

can physically assist in his own evacuation. 

If not, he must travel with a safety assistant. 

If, after speaking with the passenger, you 

and the CRO determine that a safety assistant 

must accompany him because of his severe 

mobility impairment, you should explain this 

requirement to the passenger. Next, at the 

carrier’s option you can explain that he can 

choose someone to serve as his safety 

assistant or you can assist him by recruiting 

an off-duty employee or another passenger on 

the flight to serve as his safety assistant. You 

must not charge for the transportation of the 

safety assistant if selected by the passenger 

who is disabled. You also should explain that 

the purpose of the safety assistant is to assist 

in the case of an emergency evacuation. 

Passenger With a Disability Voluntarily 

Chooses To Travel With a Personal Care 

Attendant or Safety Assistant 

If a passenger with a disability 

chooses to travel with a personal care 

attendant or safety assistant that you, 

the carrier, do not require, or you feel 

that the passenger requires a safety 

assistant and the passenger agrees, then 

you may charge for the transportation of 

that attendant or assistant. 

(§ 382.29(c)(3)). 

Advance Notice Requirements for 

Individuals With Both Severe Hearing 

and Vision Impairment 

As a carrier, you may require a 

passenger with both a severe hearing 

and vision impairment who wishes to 

travel without a safety assistant to notify 

you at least 48 hours in advance. 

However, you still must accommodate 

the passenger to the extent practicable 

even if the passenger fails to meet the 

48-hour advance notice requirement. 

(§ 382.29(b)(4)). 

You may require an individual with a 

severe hearing and vision impairment to 

travel with a safety assistant if you 

determine that the means of 

communication that the individual 

plans to use with you does not (1) 

satisfy the communication objectives for 

a safety briefing contained in Part 382 

or (2) enable the individual to assist in 

his or her own evacuation. You also 

may require the individual with a severe 

hearing and vision impairment to travel 

with a safety assistant if the individual 

proposes to communicate by finger 

spelling and you cannot within the time 

following the individual’s notification 

arrange for the availability on the 

passenger’s flight of a flight 

crewmember who can communicate 

using this method. (§ 382.29(c)(2)). 

Chapter 5: Assisting Air Travelers With 

Disabilities Boarding, Deplaning, and 

During the Flight 

A. Aircraft Accessibility 

B. Seating Assignments and 

Accommodations 

C. Boarding and Deplaning Assistance 

D. Stowing and Treatment of Assistive 

Devices 

E. Services and Information Provided in the 

Cabin 

F. Safety Briefings 

A. Aircraft Accessibility 

Aircraft Accessibility Features 

To assist passengers with a disability, 

it is important for you to understand 

how aircraft have been made accessible 

to accommodate those passengers. You 

should be aware that Part 382 addresses 

the following features depending on the 

size of the aircraft: 

• Movable aisle armrests, 

• Priority stowage space for passenger 

wheelchairs, 

• Accessible lavatories, 


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• On-board wheelchairs, and 

• New in-flight audio-visual services. 

Each of these features is discussed 

separately in detail below. 

Movable Aisle Armrests 

Aircraft with 30 or more passenger 

seats must be equipped with movable 

aisle armrests on at least one-half of the 

aisle seats in rows in which passengers 

with mobility impairments are 

permitted to sit under Federal Aviation 

Administration (FAA) or applicable 

foreign safety regulations (§ 382.61(a)), 

and you are not required to provide 

movable armrests on aisle seats of rows 

in which a passenger with a mobility 

impairment is not allowed to use by an 

FAA safety regulation. (§ 382.61(b)). 

You must configure aircraft cabins or 

establish an administrative system to 

ensure that passengers with a disability 

can readily identify and obtain seating 

in rows with movable aisle armrests. 

You must provide this information to 

passengers by specific seat and row 

number. (§ 382.61(d)) 

Note: The revised rule removes the 

infeasibility provision prescribed in old 

§ 382.21(a)(1)(ii). Therefore, carriers can no 

longer claim it is not feasible to install 

movable armrests on aisle seats in which the 

carrier has chosen to install, for example, 

integrated food trays, controls for in-flight 

video systems, etc. 

(1) Seat Ratio 

Movable aisle armrests must be 

provided proportionately in all classes 

of service in the aircraft cabin. 

(§ 382.61(c)). 

Example: If 80 percent of the aisle seats in 

which passengers with mobility impairments 

may sit are in economy/coach class, and 20 

percent are in first class, then 80 percent of 

the movable aisle armrests must be in 

economy/coach class, with 20 percent in first 

class. 

However, if the seats without a movable 

aisle armrest in a given class of service can 

be accessed by a passenger using a 

wheelchair by horizontally transferring the 

passenger from a boarding wheelchair to the 

aircraft seat without lifting the passenger 

over the aisle armrest or other obstacle, a 

carrier may request an equivalent alternative 

determination. 

(2) Replacement Seats 

As a carrier, you are not required to 

retrofit cabin interiors of existing 

aircraft to include movable aisle 

armrests. However, when you remove 

aisle seats on existing aircraft and 

replace them with newly manufactured 

seats, one-half of the replacements seats 

must have movable armrests. 

(§ 382.61(e)). 

Example: As a carrier, if you replace four 

aisle seats with newly manufactured seats, 

then two of these seats must have movable 

armrests. If you are replacing an odd number 

of seats, a majority of the newly 

manufactured aisle seats installed must have 

movable armrests. If you replace five aisle 

seats with newly manufactured seats, at least 

three of the newly manufactured aisle seats 

must have movable armrests. However, you 

are not required to have more than 50 percent 

of the aisle armrests in the cabin be 

moveable. Suppose your aircraft has 40 aisle 

seats, 20 of which have movable armrests, 

and you decide to replace 5 aisle seats that 

do not have movable armrests with newly 

manufactured seats. These new seats do not 

have to include movable armrests. 

3. Compliance Dates 

U.S. Carrier .......................................... Movable aisle armrests ....................... You must meet the requirements for movable aisle armrests, 

except for the seat ratio requirement, for all new aircraft you 

operate that were initially ordered after April 5, 1990, or delivered after April 5, 1992. 

Replacement aisle seats .................... You must meet this requirement for all new aircraft you operate 

that were initially ordered after April 5, 1990, or delivered 

after April 5, 1992. 

Seat ratio ............................................ You must meet these requirements for new aircraft you operate 

that were initially ordered after May 13, 2009, or are delivered after May 13, 2010. (§ 382.61(f)). 

Foreign Carrier ..................................... Movable aisle armrests ....................... You must meet these requirements, except with respect to replacement aisle seats discussed above, for new aircraft you 

operate that were initially ordered after May 13, 2009, or are 

delivered after May 13, 2010. (§ 382.61(f)). 

Seat ratio.

Replacement aisle seats .................... You must meet the requirement regarding replacement aisle 

seats for seats ordered after May 13, 2009. (§ 382.61(g)). 

Priority Storage Space for Passenger 

Wheelchairs 

(1) Aircraft With 100 or More Passenger 

Seats 

You must have a priority storage 

space in the cabin to stow at least one 

typical adult-sized folding, collapsible, 

or break-down manual wheelchair. This 

priority storage space must be at least 13 

inches by 36 inches by 42 inches (13 x 

36 x 42) to allow storage of the 

wheelchair without removing its wheels 

or disassembling the wheelchair. 

(§ 382.67(a)). Priority storage space for a 

passenger’s wheelchair in the cabin is 

important for two reasons. It is often 

more convenient for a passenger to have 

a wheelchair close by when he or she 

leaves the aircraft and to be able to get 

as close as possible to the aircraft door 

for boarding. In addition, passengers 

with disabilities have the same concerns 

as other passengers about the loss of or 

damage to their property when it is 

checked. 

The priority storage space for a 

passenger’s wheelchair must be in 

addition to the normal under seat and 

overhead compartment storage available 

for carry-on items. (§ 382.67(b)). In 

addition, if you use a closet or other 

storage area for stowing the passenger’s 

wheelchair, the wheelchair has priority 

over other possible uses including 

passenger bags and crewmember 

luggage. 

You should be aware that this 

requirement for priority space to stow a 

passenger’s manual wheelchair is in 

addition to requirements you may have 

to carry an onboard wheelchair as 

discussed below. (§ 382.65). 

Note: Carriers are not required to carry 

electric wheelchairs in the cabin. 

(2) Compliance Dates 


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U.S. Carrier ............................................. You must meet the priority stowage space requirement for new aircraft you operate ordered after April 

5, 1990, or delivered after April 5, 1992. 

Foreign Carrier ........................................ You must meet the priority stowage space requirement for new aircraft ordered after May 13, 2009, or 

delivered after May 13, 2010. 

Accessible Lavatories 

(1) Aircraft With More Than One 

Aisle 

Aircraft with more than one aisle that 

are equipped with lavatories must have 

at least one lavatory accessible to 

passengers with a disability. This 

accessible lavatory must allow the 

passenger to enter the lavatory, 

maneuver within it and use all of its 

facilities, and leave the lavatory using 

the aircraft’s on-board wheelchair. The 

accessible lavatory must afford privacy 

to persons using the on-board 

wheelchair equivalent to that afforded 

ambulatory persons. The lavatory must 

include door locks, accessible call 

buttons, grab bars, faucets and other 

controls and dispensers usable by 

passengers with a disability including 

wheelchair users and persons with 

manual impairments. (§ 382.63(a)). 

You are not required to retrofit aircraft 

with accessible lavatories. However, if 

you replace an inaccessible lavatory on 

an existing twin-aisle aircraft, you must 

install an accessible lavatory. 

(§ 382.63(c)). 

(2) Aircraft With One Aisle 

You are not required, but may 

provide, an accessible lavatory on 

aircraft with only one aisle. 

(§ 382.63(b)). 

You are not required to retrofit aircraft 

with one aisle with accessible 

lavatories. (§ 382.63(c)). 

(3) Compliance Dates 

U.S. Carrier ............................................. You must meet all of the accessible lavatory requirements for new aircraft you operate that were initially ordered after April 5, 1990 or delivered after April 5, 1992. (§ 382.63(d) and (e)). 

Foreign Carrier ........................................ You must meet the requirement for an accessible lavatory for new aircraft you operate that were initially ordered after May 13, 2009 or delivered after May 13, 2010. (§ 382.63(d)). 

However, beginning May 13, 2009, if you replace an inaccessible lavatory on an existing twin-aisle 

aircraft you must install an accessible lavatory. (§ 382.63(e)). 

On-Board Wheelchairs 

(1) Aircraft With More Than 60 

Passenger Seats With an Accessible 

Lavatory 

You must provide an on-board 

wheelchair if the aircraft has an 

accessible lavatory. You must meet this 

requirement whether or not an 

accessible lavatory is required as 

discussed above. However, the 

Aerospatiale/Aeritalia ATR–72 and the 

British Aerospace Advanced Turboprop 

(ATP) configured with between 60 and 

70 passenger seats are exempt from this 

requirement. (§ 382.65(a)). 

(2) Aircraft With More Than 60 

Passenger Seats With an Inaccessible 

Lavatory 

Some passengers with limited 

mobility may be able to use an 

inaccessible lavatory on their own but 

may need assistance to the lavatory in 

an on-board wheelchair. Therefore, in 

an aircraft with more than 60 passenger 

seats and an inaccessible lavatory, you 

must provide an on-board wheelchair if 

a passenger with a disability informs 

you that he or she is able to use an 

inaccessible lavatory but cannot reach 

the lavatory from a seat without the use 

of an on-board wheelchair. You may 

require the passenger to provide up to 

48 hours’ advance notice and check-in 

1 hour before the check-in time for the 

general public to receive this service. 

(§§ 382.65(b) and 382.27(c)(7)). 

In summary, with respect to all 

aircraft with more than 60 passenger 

seats, regardless of the age of the 

aircraft, you must provide an on-board 

wheelchair if— 

(1) The aircraft has an accessible 

lavatory, or 

(2) A passenger with a disability gives 

up to 48 hours’ notice that the passenger 

can use an inaccessible lavatory. 

(§ 382.65)(b). 

You should be aware that if a 

particular aircraft is required to have an 

on-board wheelchair and a storage space 

within the cabin for at least one 

passenger’s manual folding wheelchair, 

that aircraft must have storage spaces for 

both of these wheelchairs and must 

accommodate both of these wheelchairs. 

(3) Compliance Dates 

U.S. Carrier ............................................................ You must have met the on-board wheelchair requirements by May 13, 2009. 

Foreign Carrier ....................................................... You must have met the on-board wheelchair requirements by May 13, 2010. 

New In-Flight Audio-Visual Services 

(1) High-Contrast Captioning 

As a carrier, you must ensure that all 

new videos, DVDs, and other audiovisual displays used on the aircraft for 

safety and informational purposes are 

high-contrast captioned. This 

requirement, however, does not apply to 

informational audio-visual displays that 

were not created under your control. 

(§ 382.69(a)). The Department of 

Transportation (DOT) considers audiovisual displays as being created under 

your control even if a contractor or other 

third party produces the display as long 

as you have significant editorial control 

or approval of the video’s content. The 

use of the word ‘‘new’’ means that you 

are not required to replace or retrofit 

existing audio-visual displays. 

‘‘High-contrast captioning’’ means 

captioning that is at least as easy to read 

as white letters on a consistent black 

background. (§ 382.3). The captioning 

must be in the predominant language or 

languages that you use to communicate 

with passengers on the flight. If you 

communicate in more than one language 

on the flight (for example, French and 

English on a Canadian carrier), the 

captioning must be in all of these 

languages. (§ 382.69(a)). 


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39826 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 

(2) Compliance Dates 

As a U.S. or foreign carrier, you must 

have met the high-contrast captioning 

requirement with respect to audiovisual displays used for safety purposes 

by November 10, 2009. (§ 382.69(b)). 

The captioning requirement with 

respect to informational displays was 

effective January 8, 2010. (§ 382.69(d)). 

Maintaining Accessibility and Replacing 

or Refurbishing the Aircraft Cabin 

You must maintain aircraft 

accessibility features in proper working 

order. (§ 382.71(a)). In addition, any 

replacement or refurbishing of the 

aircraft cabin must not reduce existing 

accessibility to a level below that 

required under Part 382 for new aircraft. 

(§ 382.71(b)) . As discussed above, if you 

replace an inaccessible lavatory on an 

existing twin-aisle aircraft, you would 

have to install an accessible lavatory, 

unless the aircraft is already equipped 

with another accessible lavatory. 

(§ 382.63(c)). If you remove aisle seats 

on existing aircraft and replace them 

with newly manufactured seats, onehalf of the replacements aisle seats must 

have movable armrests. (§ 382.61(e)). 

B. Seating Assignments and 

Accommodations 

Only Safety Affects Seat Assignments 

You must not exclude a passenger 

with a disability from any seat or 

require a passenger with a disability to 

sit in a particular seat based on the 

passenger’s disability, except to comply 

with FAA or foreign government safety 

requirements. (§ 382.87(a)). If a 

passenger’s disability results in an 

involuntary active behavior that would 

result in you properly refusing to 

provide the passenger transportation 

under § 382.19 and the passenger could 

be transported safely if seated in another 

location, you must offer the passenger 

that particular seat location as an 

alternative to refusing to provide the 

passenger transportation. (§ 382.87(c)). 

Example: A passenger with Tourette’s 

syndrome (a neurological disability that 

manifests itself by episodes of shaking, 

muscle tics, and/or spasms and uncontrolled 

shouting, barking, screaming, cursing, and/or 

abusive language) approaches the check-in 

desk, self-identifies himself as a passenger 

with a disability, and presents brochures 

explaining the disability to the agent. What 

should you do? 

If safety is not an issue, you cannot restrict 

this passenger from any particular seat, 

including an exit row. If this passenger’s 

disability causes him to physically touch 

other passengers or crewmembers 

involuntarily, safety considerations could 

require that he be seated in his own row, if 

available, as an alternative to you refusing to 

provide the passenger transportation. 

However, if the physical and/or verbal 

manifestations of this passenger’s Tourette’s 

syndrome jeopardize the safety of others it 

might create a safety concern. For example, 

if the passenger with Tourette’s syndrome 

involuntarily touches or strikes other 

passengers or crewmembers, or the passenger 

is yelling ‘‘fire’’ or yelling continuously. 

Continuous yelling could hinder other 

passengers from hearing important 

crewmember announcements. Therefore, 

refusing to provide the passenger with 

transportation could be appropriate. 

Although the passenger’s conduct may 

create an uncomfortable experience for other 

passengers, if the involuntary behavior is 

only an annoyance and not a safety concern, 

you must not restrict the passenger with 

Tourette’s syndrome from any seating 

assignment. 

Required Seating Accommodations for 

Passengers With Disabilities—Four 

Specific Situations 

If a passenger self-identifies as a 

passenger with a disability, there are 

four specific situations where you must 

provide a particular seating 

accommodation. You must meet this 

requirement for passengers who selfidentify as having certain qualifying 

disabilities if the passenger requests the 

accommodation and the type of seating 

accommodation requested exists on the 

particular aircraft. (§ 382.81). The four 

situations are as follows: 

(1) Moveable armrests. If the 

passenger uses an aisle chair to access 

the aircraft and cannot readily transfer 

over a fixed aisle armrest, you must 

provide a seat in a row with a movable 

armrest. You must train your personnel 

in the location and proper use of the 

movable aisle armrests, including 

appropriate transfer techniques. In 

addition, you must ensure that aisle 

seats with movable armrests are clearly 

identifiable. (§ 382.81(a)). 

Note: Some carriers that have requested 

and been granted equivalent alternative 

determination approvals for the movable 

armrest requirement have training 

requirements stated in the grant of approval 

that exceed those required under Part 382. 

(2) Adjoining seats. You must provide 

an adjoining seat for a person assisting 

a passenger with a disability if the 

passenger is— 

• Traveling with a personal care 

attendant who will be performing 

functions during the flight that airline 

personnel are not required to perform 

(for example, assistance with eating); 

(§ 382.81(b)(1)) 

• Visually impaired and traveling 

with a reader/assistant who will be 

performing functions for the passenger 

during the flight; (§ 382.81(b)(2)) 

• Hearing impaired and traveling 

with an interpreter who will be 

performing functions for the passenger 

during the flight; (§ 382.81(b)(3)) and 

• Traveling with a safety assistant 

that you have required under § 382.29. 

(§ 382.81(b)(4)). 

(3) Service animal. If the passenger 

with a disability is traveling with a 

service animal, you must provide either 

a bulkhead seat or a seat other than a 

bulkhead seat, depending on the 

passenger’s request. (§ 382.81(c)). 

Note: A passenger traveling with a service 

animal would not be permitted to sit in the 

bulkhead seat if that seat is located in an 

emergency exit row. (14 CFR 121.585). 

(4) Fused or immobilized leg. If the 

passenger has a fused or immobilized 

leg (that is, an inability to bend the leg 

as opposed to a passenger whose legs 

are paralyzed but which can bend at the 

knees), you must provide a bulkhead 

seat or other seat with more legroom 

than other seats on the side of the aisle 

that best accommodates the passenger’s 

disability. (§ 382.81(d)). 

Seat Assignment Methods 

The type of seat assignment method 

your carrier uses will determine how 

you are to provide appropriate seating 

accommodations. You should be aware 

of your carrier’s method for managing 

seat assignments and be able to explain 

it to passengers with disabilities and the 

general passenger population depending 

on the circumstances. 

Advance Seat Assignments 

Carriers providing advance seat 

assignments may use either the block 

seating method or the priority seating 

method to provide the seating 

accommodations discussed above. 

(§ 382.83(a)). 

Block Seating Method 

Carriers may block an adequate 

number of seats to be used by 

passengers who meet the requirements 

of § 382.81. (§ 382.83(a)(1)). If your 

carrier employs the block method, you 

must not assign these ‘‘blocked seats’’ to 

passengers other than the types of 

passengers entitled to the 

accommodation until 24 hours before 

the scheduled departure of the flight. 

(§ 382.83(a)(1)(i)). At any time up until 

24 hours before the scheduled departure 

of the flight, you must assign a blocked 

seat to any passenger who qualifies for 

such a seating accommodation. 

(§ 382.83(a)(1)(ii)). 

If a passenger with a disability who is 

entitled to a seating accommodation 

listed above does not make a request for 

the accommodation at least 24 hours 

before the scheduled departure of the 

flight, you must provide the requested 

seating accommodation to the extent 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 39827 

14 If a carrier allows passengers to pay for advance 

seating, the carrier must use either the block or 

priority seating method. 

practicable, but you are not required to 

reassign a seat already assigned to 

another passenger to do so. 

(§ 382.83(a)(1)(iii)). 

Example: A passenger with a service 

animal calls and speaks to you, a reservation 

agent, several days before the scheduled 

departure of her flight and requests a 

bulkhead seat. What should you do? 

The aircraft has four bulkhead seats, two of 

which are blocked under your carrier’s 

reservation system for passengers traveling 

with a service animal or passengers with an 

immobilized leg. Because the passenger has 

requested the seating accommodation more 

than 24 hours in advance of the scheduled 

departure of the flight, you must assign one 

of the blocked bulkhead seats to this 

passenger with the service animal. 

If, on the other hand, the passenger with 

the service animal requests the bulkhead seat 

within 24 hours of the scheduled departure 

of the flight, you must provide the bulkhead 

seat to the passenger and the service animal 

if available, but you are not required to 

reassign a bulkhead seat already assigned to 

another passenger. 

Note: Part 382 requires carriers to block an 

adequate number of bulkhead seats for 

passengers with a fused or immobilized leg 

or a passenger traveling with a service 

animal. DOT’s Office of Aviation 

Enforcement and Proceedings has interpreted 

‘‘adequate’’ to mean, for example, (in the 

context of bulkhead seating) that if an aircraft 

has six total bulkhead seats, three on each 

side separated by the main aisle, an 

‘‘adequate’’ number of bulkhead seats that 

must be blocked would be at least two of the 

six bulkhead seats. 

Priority Seating Method 

Carriers may designate an adequate 

number of priority seats for passengers 

with a disability who meet the 

requirements of § 382.81. 

(§ 382.83(a)(2)). Carriers that have 

chosen to use this seating method must 

provide notice to any passenger 

assigned to a priority seat (other than a 

passenger with a disability listed in 

§ 382.81) that he or she may be 

reassigned to another seat if necessary to 

provide a seating accommodation 

required under Part 382. 

(§ 382.83(a)(2)(i)). A carrier may provide 

this potential reassignment notice 

through— 

• Its computer reservation system, 

• Verbal information provided by 

reservations personnel, 

• Ticket notices, 

• Gate announcements, 

• Counter signs, 

• Seat cards or notices, 

• Frequent-flyer literature, or 

• Other appropriate means. 

(§ 382.83(a)(2)(ii)). 

You must assign a ‘‘priority seat’’ to 

a passenger with a disability entitled to 

such accommodation at the time the 

passenger requests the accommodation. 

A carrier may require that the passenger 

check in and request the seating 

accommodation at least 1 hour before 

the standard check-in time for the flight. 

(The purpose for this advance check-in 

is to allow carriers sufficient time to 

conduct any seat reassignment that this 

method sometimes requires.) If all of the 

designated priority seats have been 

assigned to other passengers who do not 

have qualifying disabilities, you must 

reassign the seats of the other 

passengers to accommodate the 

passenger with a disability entitled to 

the seating accommodation. 

(§ 382.83(a)(2)(iii)). 

If a passenger with a disability who is 

entitled to a seating accommodation 

does not check in at least 1 hour before 

the standard check in time for the 

general public, you must provide the 

requested seating accommodation, to 

the extent practicable, but you are not 

required to reassign a seat assigned to 

another passenger to do so. 

(§ 382.83(a)(2)(iv)). 

Example: A passenger with an 

immobilized leg requests a bulkhead seat and 

checks in 2 hours before the standard checkin time for the general public. Your carrier 

employs the ‘‘priority’’ seating method and 

has designated two of the six bulkhead seats 

on the aircraft as priority seating. The four 

non-priority bulkhead seats have been 

previously assigned to passengers without 

any disabilities. One of the two priority 

bulkhead seats has already been assigned to 

a passenger traveling with a small service 

animal who requested the seating 

accommodation and checked in at least 1 

hour before the standard check-in time for 

the general public. The second priority 

bulkhead seat has been assigned to a 

passenger who also checked in 2 hours before 

the flight and who uses an aisle chair to 

board but prefers the bulkhead seat to a seat 

in a row with a movable armrest. What 

should you do? 

The passenger who uses the aisle chair to 

board should have received notice that he 

has been assigned a ‘‘priority’’ seat. Because 

that passenger does not have a fused or 

immobilized leg or is not traveling with a 

service animal, the passenger is not 

automatically entitled to a ‘‘priority’’ 

bulkhead seat. (However, that passenger 

would be entitled to a ‘‘priority’’ seat in a 

row with a movable armrest if he or she 

requested such a seat and checked in at least 

1 hour before the standard check-in time for 

the flight.) The passenger using the aisle 

chair to board should have been notified that 

you might have to reassign his seat if a 

passenger with a service animal or a 

passenger with an immobilized leg requests 

a ‘‘priority’’ bulkhead seating 

accommodation and checks in at least 1 hour 

before the standard check-in time for the 

flight. Therefore, the passenger using the 

aisle chair should be reassigned to a seat in 

a row with a movable armrest and the 

passenger with the immobilized leg should 

be assigned to the second ‘‘priority’’ 

bulkhead seat. 

Seat Assignment Only on the Day of 

Flight 

If a carrier does not provide seat 

assignments until the day of the flight, 

the carrier must use the priority seating 

method for passengers with a disability 

who meet one of the four criteria 

described in § 382.81. (§ 382.83(b)). 

No Advance Seat Assignments (Use the 

Preboarding Method) 

If your carrier does not provide 

advance seat assignments including the 

ability to pay for a seat in advance,14

you must allow passengers who identify 

themselves as passengers with a 

disability in need of a seating 

accommodation to preboard before all 

other passengers, including other 

passengers entitled to preboard, and 

select the seats that best meet their 

needs. (§ 382.83(c)). 

Other Possible Seating Methods 

If your carrier wishes to use a method 

of assigning seats to passengers with 

disabilities other than one of the 

methods provided for in Subpart F of 

Part 382, it must receive written 

approval from DOT. (§ 382.83(d)). 

Seating Accommodations for Passengers 

With a Disability—Other Than One of 

Those Specifically Discussed Above 

Carriers are also required to provide 

seating accommodations for passengers 

who self-identify as having a disability 

other than one involving any of the four 

criteria discussed above, and who need 

a particular seat to ‘‘readily access and 

use’’ the carrier’s services. (§ 382.85). 

(This is referred to as the catchall 

category). Carriers should evaluate a 

passenger’s request for a seating 

accommodation covered by the catchall 

category based on a case-by-case 

analysis of the nature of the passenger’s 

specific disability and the extent to 

which that disability necessitates the 

requested seating accommodation for 

the passenger to readily access the 

aircraft. 

For example, if a passenger selfidentified as being deaf or diabetic and 

requested a bulkhead seat assignment, a 

carrier would not be required to assign 

such a passenger to a bulkhead seat 

because the passenger is able to readily 

able to use a seat other than in a 

bulkhead row. On the other hand, a very 

large non-ambulatory passenger 

boarding with an aisle wheelchair 

whose size makes it very difficult for 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
39828 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 

15As previously noted, if a carrier allows 

passengers to pay for advance seating, the carrier 

must use either the block or priority seating 

method. 

him to fit down the main aisle would 

probably be entitled to an available 

bulkhead seat (provided that the 

bulkhead row is not an emergency exit 

row) because he could not otherwise 

readily access the aircraft. 

Advance Seat Assignments 

Block Seating Method (For the 

‘‘Catchall’’ Category) 

When a passenger with a disability, 

which does not meet one of the four 

specific criteria described in § 382.81 

makes a reservation more than 24 hours 

before the scheduled departure time of 

a flight and the carrier uses the block 

seating method, the carrier is not 

required to offer one of the seats blocked 

for the passengers with disabilities who 

are specifically entitled to the seating 

accommodations described above in 

§ 382.81. However, you must assign the 

passenger with a disability 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. 

(§ 382.85(a)(1)(i). 

Example: A passenger with arthritis in his 

spine, making his back extremely stiff, calls 

a week before his flight and asks you, the 

reservation agent, for a bulkhead seat. He 

explains that it is much easier and less 

painful for him to access a bulkhead seat 

because he has to be lowered into the seat 

with assistance from another person, and that 

this process is much more difficult, if not 

impossible, in any row other than a bulkhead 

row. The aircraft has six bulkhead seats, two 

of which are ‘‘blocked’’ under your carrier’s 

reservation system for passengers traveling 

with service animals or passengers with a 

fused or immobilized leg. One of the four 

remaining bulkhead seats is unassigned 

when he calls. What should you do? 

Although your carrier normally reserves 

such seats for its frequent flier passengers, 

you must assign the remaining bulkhead seat 

to the passenger with arthritis in his spine 

because the seat was unassigned at the time 

of his request and he has a reasonable 

argument that he needs the bulkhead seat to 

readily access the aircraft. 

Priority Seating Method (For the 

‘‘Catchall’’ Category) 

If your carrier uses the priority seating 

method, you must assign a passenger 

with a disability (which does not meet 

one of the four specific criteria 

described in § 382.81) 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. 

Your carrier may require the passenger 

to check in 1 hour before the standard 

check-in time for the flight. If this 

passenger with a disability is assigned 

to a designated priority bulkhead seat, 

the passenger is subject to being 

reassigned to another seat if necessary to 

provide a seating accommodation to a 

passenger with a disability entitled to 

and who requests a required seating 

accommodation described above. 

(§ 382.85(a)(2)). 

Example: The same passenger, with 

arthritis in his spine, from the previous 

example, calls your carrier, asking for a 

bulkhead seat, but your carrier uses the 

‘‘priority’’ seating method. The aircraft has 

six bulkhead seats, two of which are 

‘‘priority’’ seats for passengers traveling with 

service animals or passengers with 

immobilized legs. At the time of the call, all 

four of the other ‘‘non-priority’’ bulkhead 

seats have been assigned to other passengers, 

but the two priority seats are unassigned. 

What should you, as a reservation agent, do? 

You should assign the passenger with 

arthritis in his spine one of the two 

unassigned ‘‘priority’’ seats, but you must 

notify him that he may have his’’ priority’’ 

seat reassigned if another passenger who is 

specifically entitled to a ‘‘priority’’ seat 

requests one. On the day of the flight, a 

passenger with a service animal and a 

passenger with a fused leg arrive more than 

1 hour before the standard check-in time for 

the same flight and request bulkhead seats. 

In this instance, you would inform the 

passenger with arthritis in his spine that his 

‘‘priority’’ seat must be assigned to one of 

those passengers and that he must be moved 

to another seat. As a matter of good customer 

service, he may be assigned an aisle seat 

because it would be easier for him to access, 

or you could ask a passenger with a bulkhead 

seat who does not have a disability if he or 

she would mind trading seats with the 

passenger. 

No Advance Seat Assignments (Use the 

Preboarding Method) 

If your carrier does not provide 

advance seat assignments including the 

ability to pay for an advance seating 

assignment,15 you must allow 

passengers who identify themselves as 

passengers with a disability in need of 

a seating accommodation to preboard 

before all other passengers, including 

other passengers entitled to preboard, 

and select the seats that best meet their 

needs. (§ 382.85(b)) 

Seat Assignments Only on the Day of 

Flight (For the ‘‘Catchall’’ Category) 

If your carrier does not assign seats to 

passengers until the day of the flight, it 

must use the priority seating method for 

passengers with a disability. 

(§ 382.85(c)). 

Other Issues Relating to Seat 

Assignments 

As a carrier, you— 

• Must comply with all FAA and 

applicable foreign government safety 

requirements, including exit row seating 

requirements in 14 CFR 121.585, when 

responding to requests from passengers 

with a disability for seating 

accommodations. (§ 382.87(b)). 

• Must not deny transportation to any 

passenger on a flight in order to provide 

a seat accommodation required by 

Subpart F to a passenger with a 

disability. (§ 382.87(e)). 

• Cannot reassign the seat of a 

passenger with a disability who has 

received a seat assignment as required 

by Subpart F even if another passenger 

with a disability requests the same seat 

unless the first passenger agrees to the 

reassignment. (§ 382.87(d)) The only 

exception is when you assign a 

designated ‘‘priority’’ seat to a passenger 

with a disability who is not required to 

receive a seating accommodation 

specified in § 382.81. (§ 382.85(a)(2)(ii)). 

• Are not required to provide more 

than one seat per ticket or a seat in a 

class of service other than the one the 

passenger has purchased to 

accommodate a passenger with a 

disability who requests a seating 

accommodation. (§ 382.87(f)). 

Example: A passenger with an economy/ 

coach class ticket and an immobilized leg 

(with a full-leg cast) arrives more than 1 hour 

before the standard check-in time for his 

flight. He arrives at the check-in counter, 

explains his disability, and insists that he is 

entitled to a seat in first class to 

accommodate his extended leg. Your carrier 

uses the priority seating method for advance 

seat assignments. What should you do? 

Because the passenger has identified 

himself as a passenger with a disability and 

requested a seat assignment to accommodate 

his disability, you must provide a bulkhead 

seat or other seat with more legroom than 

other seats on the side of the aisle that best 

accommodates him. While first class seats 

generally have more legroom than economy/ 

coach class seats, you are not required to 

provide a seat in a class of service other than 

the one the passenger has purchased to 

accommodate the passenger. You should 

explain politely and respectfully that under 

the law, you must seat him in either a 

bulkhead seat or an aisle seat in economy/ 

coach class on the side of the aircraft that 

would best accommodate his leg. At his 

subsequent request for a bulkhead seat in 

economy/coach class, you must arrange to 

move another passenger from the bulkhead 

seat in economy/coach class and give it to the 

passenger with the immobilized leg unless 

the seats have already been assigned to 

passengers entitled to retain those seats 

under the rules discussed above. Although 

you are not required to do so, you may 

choose to seat him in a first class seat that 

would accommodate his immobilized leg. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 39829 

As previously noted, some carriers now 

offer passengers the option of paying an extra 

fee for obtaining advance seat assignments 

for preferred seats that provide, for example, 

greater legroom than other seats in the same 

class of service. Such policies are permitted, 

provided that carriers also reserve (that is, 

block or prioritize) an adequate number of 

seats to comply with DOT rules providing 

seating accommodations for qualified 

individuals with disabilities at no extra cost 

to such passengers, as discussed above. 

C. Boarding and Deplaning Assistance 

Preboarding Passengers With a 

Disability 

As a carrier, you must offer 

preboarding to passengers with a 

disability who self-identify at the gate as 

needing additional time or assistance to 

board, stow accessibility equipment, or 

be seated. (§ 382.93) This obligation 

exists regardless of your preboarding 

policies for other passengers (for 

example, families traveling with small 

children). You are not obligated to make 

a general announcement about 

preboarding in the gate area for 

passengers with disabilities if you do 

not make preboarding announcements 

for other passengers. However, as a 

matter of general nondiscrimination 

principles, if a passenger self-identifies 

as needing preboarding and if you make 

a preboarding announcement in the gate 

area for other passengers you would 

have to make such an announcement for 

passengers with a disability. 

General Obligations for Boarding and 

Deplaning Assistance 

If a passenger with a disability 

requests assistance getting on or off an 

aircraft, or you or the airport operator 

offer assistance, and the passenger 

consents to the type of boarding or 

deplaning assistance offered, you must 

promptly provide such assistance. 

(§ 382.95(a)) In the case of deplaning a 

non-ambulatory passenger, if the 

passenger has provided advance notice 

that he or she will need wheelchair 

deplaning assistance to exit the aircraft 

and the carrier has documented the 

passenger’s reservation record with a 

Special Service Request (SSR) notation 

to that effect, ‘‘promptly’’ means that 

personnel and an appropriate deplaning 

aisle wheelchair should be available to 

assist the passenger with a disability in 

exiting the aircraft as soon as the last 

ambulatory passengers has deplaned. If 

the passenger with a disability is able to 

walk off the aircraft along with the other 

passengers but needs a wheelchair to 

travel from the aircraft into the terminal, 

carrier personnel and a wheelchair 

should be waiting at the door of the 

aircraft when the deplaning process 

begins. 

The type of assistance you must offer 

includes the services of personnel and 

the use of wheelchairs, accessible 

motorized carts, ramps, or mechanical 

lifts as required under Part 382. 

(§ 382.95(a)). Be mindful that a 

wheelchair is not required or desired in 

all cases. A wheelchair may not be an 

appropriate assistive device in a 

particular situation. For example, a 

passenger with a vision impairment may 

request a sighted guide rather than a 

wheelchair, and requiring such a 

passenger to accept wheelchair service 

that is neither requested nor required to 

accommodate the passenger’s disability 

would violate DOT’s rule. 

(§ 382.11(a)(2)). 

You must train employees to 

proficiency in the use of the boarding 

assistance equipment and procedures 

regarding the safety and dignity of 

passengers receiving boarding 

assistance. (§ 382.141(a)(1)(iii) and (b)) 

See Chapter 8: Personnel Training, for 

additional information on employee/ 

contractor training requirements. 

Boarding and Deplaning Assistance 

Where Level-Entry Boarding Is 

Unavailable 

As a carrier operating aircraft with 19 

or more passenger seats at U.S. 

commercial service airports with 10,000 

or more annual enplanements, you must 

provide boarding and deplaning 

assistance to passengers with a 

disability using lifts or ramps if levelentry loading bridges or accessible 

passenger lounges are not available. 

(§ 382.95(b)). U.S. carriers have been 

required to provide level-entry boarding 

at such U.S. airports for many years, and 

foreign carriers have been required to 

provide it no later than May 13, 2011. 

See Appendix II for a discussion of the 

agreements carriers must have with 

airports for the provision of lifts where 

level-entry loading bridges are not 

available. (§ 382.99). 

However, boarding assistance using a 

lift is not required on: 

• Aircraft with fewer than 19 

passenger seats; 

• Float planes; 

• The following 19-seat capacity 

aircraft models that are unsuitable for 

boarding assistance using a lift: the 

Fairchild Metro, the Jetstream 31 and 

32, the Beech 1900 (C and D Models), 

and the Embraer EMB–120; or 

• Any other aircraft model the DOT 

determines to be unsuitable for boarding 

and deplaning assistance by lift, ramp, 

or other suitable device. (§ 382.97(a) 

through (c)). 

As a carrier at a U.S. airport that you 

own, lease, or control, you must ensure 

that there is an accessible route (one 

meeting the requirements of the 

Americans with Disabilities Act 

Accessibility Guidelines (ADAAG)) 

between the gate and boarding area 

whenever an accessible passenger 

lounge to and from an aircraft or other 

means of level-entry boarding and 

deplaning is not available. An 

‘‘accessible route’’ essentially means 

that a passenger should be able to travel 

from the gate area to the tarmac level 

while remaining in a wheelchair, and 

does not include stairs, steps, or 

escalators. (§ 382.51(a)(2)). 

As a carrier, you may require that a 

passenger seeking boarding and 

deplaning assistance using a lift or ramp 

check in for the flight 1 hour before the 

standard check-in time for the flight. 

However, if the passenger checks in 

after this time you must make a 

reasonable effort to accommodate the 

passenger and provide the boarding 

assistance using a lift or ramp if it 

would not delay the flight. (§ 382.99(d)). 

When Level-Entry Boarding and 

Deplaning Is Not Required 

When level-entry boarding and 

deplaning assistance is not required, 

you must still provide assistance to 

passengers with a disability in boarding 

and deplaning aircraft. (§ 382.101). For 

example, boarding and deplaning 

assistance using lifts is not required at 

smaller U.S. airports (that is, airports 

with less than 10,000 annual 

enplanements) or at any foreign airports; 

when severe weather or unexpected 

mechanical breakdowns prevent the use 

of a lift; or when you are using one of 

the unsuitable aircraft listed in the 

previous discussion. (§ 382.101(a), (b), 

(c), and (e)). 

Boarding assistance must be provided 

by any available means to which the 

passenger consents. In such situations, 

you should present the various options 

available to the passenger. However, as 

discussed below, you must never 

physically hand-carry the passenger 

even if the passenger consents unless 

this is the only way to evacuate the 

passenger in the event of an emergency. 

(§ 382.101). If the passenger does not 

consent to the available means of 

boarding assistance, you should contact 

a Complaints Resolution Official (CRO). 

Attending to Passengers in a Wheelchair 

You may not leave a passenger 

unattended 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 


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16A carrier might require FAA approval to stow 

assistive devices other than a wheelchair in the 

priority stowage space. 

if another person, including a family 

member or personal care attendant, is 

accompanying the passenger unless the 

passenger explicitly consents. A person 

who is not independently mobile is a 

person who would not be able to get up 

from the wheelchair and maneuver to 

areas of the terminal such as the 

restroom or a food service provider 

without mobility assistance. (§ 382.103). 

Except in an Emergency Evacuation, No 

Hand-Carrying of Passengers 

Under no circumstance, except for 

emergency evacuations, should you 

hand-carry a passenger with a disability 

to provide boarding or deplaning 

assistance. Hand-carrying is defined as 

directly picking up the passenger’s body 

in the arms of one or more carrier 

personnel to move the passenger from 

the tarmac level to the aircraft door for 

boarding or, vice versa, for deplaning. 

(§ 382.101). 

Note: Transferring a passenger from a 

wheelchair to a boarding chair or a boarding 

chair to an aircraft seat is not considered 

hand-carrying a passenger, and is often 

required for passengers who are unable to 

conduct such transfers without assistance. 

Example: A woman asks for assistance in 

boarding a flight with 30 passenger seats. 

General boarding for passengers is by a set of 

stairs on the tarmac. When she arrives at the 

gate and asks for boarding assistance, she is 

provided a boarding wheelchair, but you 

inform her that the mechanical lift is not 

working. The passenger tells you to 

physically pick her up and carry her up the 

stairs and onto the aircraft because she really 

needs to make the flight. What should you 

do? 

Under the law, you must never physically 

hand-carry the passenger onto the aircraft. 

Hand-carrying is only appropriate in the case 

of an emergency evacuation. Even though the 

law states that a passenger with a disability 

must consent to the type of boarding 

assistance and she has requested to be hand 

carried, you must not hand-carry her onto the 

aircraft. Instead, you should contact a CRO 

for advice about options for alternative 

means of boarding the passenger. You and 

the CRO should explain to the passenger that, 

under the law, you are not permitted to 

physically hand-carry her onto the aircraft. In 

addition, you should explore other available 

options for assisting this passenger with 

boarding the aircraft, including carrying the 

passenger onto the aircraft in a boarding 

wheelchair or arranging for another flight 

with a working lift or a loading bridge. If the 

passenger consents to being carried onto the 

aircraft in the boarding wheelchair, you may 

do so. Regardless, you should notify the 

appropriate personnel that the mechanical 

lift is not functioning properly and arrange 

for repair as quickly as possible. 

Connecting Assistance 

If a passenger with a disability 

requests transportation between gates to 

make a connecting flight, you must 

provide, or ensure the provision of, such 

assistance. If the arriving flight and 

departing flight are operated by different 

carriers, the carrier that operated the 

arriving flight has this responsibility. 

(§ 382.91(a)). Chapter 4: Assisting Air 

Travelers with Disabilities at the 

Airport, has a more detailed discussion 

of the assistance a carrier must provide 

to passengers with a disability who are 

moving within the airport terminal. 

Airport Operators at Foreign Airports— 

Boarding, Deplaning, and Connecting 

Assistance 

At some foreign airports, the airport 

operators rather than the carriers are 

responsible for providing boarding, 

deplaning, or connecting assistance for 

passengers. If the airport operator 

provides this assistance rather than 

carriers, you, as a carrier, may rely on 

the services provided by the airport 

operator. However, if the boarding, 

deplaning, or connecting services the 

airport operator provides are not 

sufficient to meet Part 382, you must 

supplement those services to ensure the 

assistance requirements are met. If you 

believe you are not legally permitted to 

supplement the airport operator’s 

services, you may apply for a conflict of 

laws waiver under § 382.9. (§ 382.105). 

D. Stowing and Treatment of Assistive 

Devices 

You should be familiar with the 

regulatory requirements for storage and 

treatment of assistive devices used by 

passengers with a disability, including 

ventilators and respirators; spillable and 

nonspillable batteries; canes; and 

wheelchairs. (Part 382, Subpart I). 

Storing Mobility Aids and Other 

Assistive Devices in the Aircraft Cabin 

You must allow passengers with a 

disability to bring the following 

mobility aids and assistive devices into 

the aircraft cabin consistent with FAA, 

PHMSA, Transportation Security 

Administration (TSA or applicable 

foreign government requirements 

concerning safety, security, and 

hazardous materials: 

• Manual wheelchairs, including 

folding or collapsible wheelchairs; 

• Other mobility aids, such as canes, 

crutches and walkers; and 

• Other assistive devices, such as 

prescription medications and the 

devices needed to administer them 

(such as syringes or auto-injectors); 

vision-enhancing devices; and portable 

oxygen concentrators (POCs), 

ventilators, and respirators that use 

nonspillable batteries as long as they 

comply with applicable safety, security 

and hazardous materials rules. 

(§ 382.121(a)(1) through (a)(3)). 

Note: Carriers are not required to permit 

passengers to bring electric wheelchairs, 

Segways, or scooters into the aircraft cabin. 

You must not count mobility aids and 

other assistive devices brought on board 

the aircraft by a passenger with a 

disability toward your airline’s limit for 

passenger carry-on baggage. 

(§ 382.121(b)). Wheelchairs and other 

assistive devices that cannot be stowed 

in the cabin must be stowed in the 

baggage compartment with priority over 

other cargo and baggage. (§ 382.125(a) 

and (b)). In addition, because carriers 

cannot charge for facilities, equipment, 

or services required under Part 382, no 

charges may be imposed for assistive 

devices brought into the cabin or 

checked or if a wheelchair or other 

assistive device exceeds the normal 

weight limit on checked baggage. 

(§ 382.31(a)). 

Chapter 3: Assisting Air Travelers 

with Disabilities Planning a Trip, above, 

also discusses a carrier’s obligations 

with regard to mobility aids and 

assistive devices. 

Priority Stowage of Wheelchairs and 

Other Assistive Devices 

A passenger with a disability who 

takes advantage of preboarding may 

stow his or her folding wheelchair in 

the aircraft’s priority storage space 

(discussed above in Section A, Aircraft 

Accessibility) with priority over all 

other items. You must move items that 

carrier personnel have stowed in this 

area, including crewmember luggage 

and on-board wheelchairs, even if these 

items were stowed before the passenger 

boarded the aircraft. This includes items 

placed in this area on a previous leg of 

the flight. (§ 382.123(a)(1)). You must 

also allow passengers with a disability 

who preboard to stow other assistive 

devices in this area with priority over 

other items except wheelchairs.16

(§ 382.123(a)(2)). 

Passengers with wheelchairs or other 

assistive devices who do not preboard 

must still be allowed to use the priority 

stowage areas for their devices but their 

use of the space is on a first-come, firstserve basis with respect to other 

passengers’ items. (§ 382.123(a)(3)). 

If a passenger’s wheelchair exceeds 

the dimensions of the priority storage 

space while folded but otherwise fully 

assembled but will fit if the wheels or 

other components are removed without 

the use of tools, you must remove those 

components and stow the wheelchair in 


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Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 39831 

17Pursuant to JetBlue Airways’ petition to stay 

the effectiveness of 14 CFR 382.67 and 14 CFR 

382.123(c), the Office of the Assistant General 

Counsel for Aviation Enforcement and Proceedings 

will not enforce the requirement that aircraft 

ordered after May 13, 2009, or delivered after May 

13, 2010, have a priority space in the cabin of 

sufficient size to stow a passenger’s manual folding 

wheelchair as required by section 382.67 and will 

allow carriers to continue using seat-strapping, as 

permitted by the Federal Aviation Administration 

or, if applicable, foreign safety authorities, until the 

rulemaking process is complete. See DOT–OST– 

2010–0115. 

18PHMSA has several rules that govern the 

carriage of battery-powered devices as checked 

baggage. 49 CFR 175.10(a)(15) regulates nonspillable battery powered devices as checked 

baggage; 49 CFR 175.10(a)(16) regulates spillable 

battery powered devices as checked baggage; and, 

49 CFR 175.10(a)(17) regulates lithium ion battery 

powered devices as carry-on or checked baggage. 

See FN 18 below. Note that Part 382 never requires 

that carriers allow battery powered wheelchair in 

the cabin as carry-on baggage. 

the priority space. You must store the 

removed components in the areas 

provided for carry-on luggage. 

(§ 382.123(b)). 

Note: The rule currently prohibits the use 

of the ‘‘seat-strapping’’ method of carrying a 

wheelchair in any aircraft you ordered after 

May 13, 2009, or which is delivered after 

May 13, 2011. (§ 382.123(c)). There is 

currently DOT rulemaking pending regarding 

the use of the ‘‘seat-strapping’’ method and 

whether this practice should be permitted. 

(76 FR 32107) 17

Mobility Aids and Other Assistive 

Devices That Cannot Be Stowed in the 

Aircraft Cabin 

You must stow mobility aids, 

including wheelchairs, and other 

assistive devices in the baggage 

compartment with priority over other 

cargo and baggage if an approved 

stowage area is not available in the 

cabin or the items cannot be transported 

in the cabin consistent with FAA, 

PHMSA, TSA, or applicable foreign 

government requirements. 

(§ 382.125(a)). You need to transport 

only those items that fit into the baggage 

compartment and can be transported 

consistent with FAA, PHMSA, TSA, or 

applicable foreign government 

requirements on stowage of items in the 

baggage compartment. (§ 382.125(b)). 

DOT recognizes there may be some 

circumstances in which it is not 

practical to stow an electric wheelchair 

or some other assistive device in the 

baggage compartment, and you are not 

required to do so if it would constitute 

an undue burden. (§ 382.13(c)). For 

example, some larger scooters may not 

fit in smaller aircraft. 

If other passengers’ items are removed 

from the aircraft to accommodate 

assistive devices, you must use your 

best efforts to ensure that the items are 

delivered to the passenger’s destination 

on your next flight. The ‘‘next flight’’ 

may be a flight within 1 or 2 hours for 

domestic destinations or a matter of 

days with respect to some international 

destinations. (§ 382.125(b)). 

When a passenger’s wheelchair, other 

mobility aids, or other assistive devices 

cannot be stowed in the cabin as carryon baggage, you must ensure these items 

are timely checked and returned as 

close as possible to the door of the 

aircraft so that the passenger with a 

disability can use his or her own 

equipment, where possible, consistent 

with Federal regulations concerning 

transportation security and the 

transportation of hazardous materials. 

(§ 382.125(c)(1)). If, on the other hand, 

a passenger with a disability requests 

that these items be returned at the 

baggage claim area instead of at the door 

of the aircraft, you must do so. 

(§ 382.123(c)(2)). To ensure the timely 

return of a passenger’s wheelchair, other 

mobility aids, or other assistive devices, 

they must be among the first items 

retrieved from the baggage 

compartment. (§ 382.125(d)). 

Example: A passenger with multiple 

sclerosis is one of many passengers on a 

flight who is informed that the flight is 

cancelled because of mechanical problems. It 

is late at night and the carrier has announced 

that the passengers will be provided a hotel 

room for the night and rescheduled on a 

flight leaving the following morning. The 

passenger with multiple sclerosis approaches 

you when she hears the announcement and 

explains that she needs access to her checked 

luggage because it contains her syringes and 

medication for her multiple sclerosis, which 

she must take on a daily basis. What should 

you do? 

The passenger’s syringes and medication 

would be considered assistive devices. 

(§§ 382.3 and 382.121(a)(3)). Because the 

passenger requested the return of her 

assistive device, you must return it to her if 

no extenuating circumstances prohibit the 

return of the items, for example, the carrier 

placed the baggage on an earlier flight to the 

passenger’s final destination. (§ 382.125(c)). 

As a matter of customer service, you may also 

advise such passengers (for example, through 

the carrier’s Web site or other consumer 

information materials) that your carrier 

recommends to all of its passengers who 

require such medication or other items for 

medical necessity to bring a carry-on bag 

containing the medication or other items on 

board. Such medication carry-on bags would 

not be counted toward the passenger’s carryon baggage allowance. 

Battery-Powered Mobility Aids 

As a carrier, you must accept a 

passenger’s battery-powered wheelchair 

or other similar mobility device, 

including the battery, as checked 

baggage unless baggage compartment 

size and aircraft airworthiness 

considerations prohibit it. (§ 382.127(a)). 

Check-In and Advance Notice 

Requirements (for Passengers With 

Battery-Powered Mobility Devices) 

Aircraft with 60 or more passenger 

seats. You may require that the 

passenger check in for the flight 1 hour 

before the check-in time for the general 

public. However, even if the passenger 

does not check in within this time, you 

must make a reasonable effort to 

accommodate the passenger and 

transport the battery-powered 

wheelchair or other similar mobility aid 

provided it would not delay the flight. 

(§ 382.127(b)). 

Aircraft with fewer than 60 passenger 

seats. You may require a passenger with 

a disability to provide up to 48 hours’ 

advance notice and check in 1 hour 

before the check-in time for the general 

public if the passenger wishes 

transportation of an electric (batterypowered) wheelchair. (§ 382.27(c)(4)). 

Battery Handling (for Wheelchairs, 

Scooters, and Other Mobility Devices 

Using Traditional Spillable or 

Nonspillable Battery Technology) 18

You must not require that the battery 

be removed and separately packaged if 

the— 

• Manufacturer has labeled the 

battery on a wheelchair or other similar 

mobility device as nonspillable, or 

• For a spillable battery, the batterypowered wheelchair can be loaded, 

stored, secured, and unloaded in an 

upright position. 

However, you must remove and 

package separately any battery that (1) is 

inadequately secured to a wheelchair or 

(2) if the battery is spillable and it is 

contained in a wheelchair that cannot 

be loaded, stowed, secured and 

unloaded in an upright position 

consistent with DOT hazardous 

materials regulations. Whenever your 

carrier is required to remove and 

provide hazardous material packaging 

for a battery, your carrier may require a 

passenger to provide up to 48 hours’ 

advance notice and check in 1 hour 

before the standard check-in time. 

(§ 382.27(c)(5)). A damaged or leaking 

battery should not be transported. 

(§ 382.127(c)). 

Finally, you must not disconnect the 

battery on a wheelchair or other 

mobility device if the battery is 

nonspillable and it is completely 

enclosed within a case or compartment 

integral to the design of the device 

unless you are required to do so under 

FAA, PHMSA, or foreign government 

safety regulations. (§ 382.127(e)). 

When it is necessary to detach a 

battery from a wheelchair or other 


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39832 Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 

19For applicable PHMSA regulations regarding 

‘‘portable electronic devices’’ that use cells or 

batteries, see 49 CFR 175.10(a)(18). This rule is not 

specific to disability assistive devices. DOT 

recognizes that the International Civil Aviation 

Organization (ICAO) states that portable medical 

electronic devices containing lithium metal or 

lithium-ion batteries may be carried by passengers 

for medical use but ‘‘no more than two spare 

batteries may be carried in carry-on baggage.’’ 

DOT’s Pipeline and Hazardous Material Safety 

Administration (PHMSA) rule currently does not 

contain a limit on the number of lithium metal or 

lithium-ion batteries that may be carried by 

passengers for medical use. Therefore, DOT 

currently require carriers through its disability 

regulation to allow a passenger to transport in carryon baggage as many spare lithium metal or lithiumion batteries as needed for medical use subject to 

the gram content restrictions stated in the PHMSA 

regulation cited above. U.S. and foreign carriers are 

obligated to comply with the current PHMSA 

regulation unless a conflict of law request has been 

filed and approved by DOT. 

20 In regards to lithium ion battery-powered 

respiratory devices, PHMSA has no prohibition or 

limitation on the number of batteries a passenger is 

allowed to carry on to power their respiratory 

device. PHMSA’s rules differ from the ICAO 

standards which permit only two extra batteries. As 

PHMSA has not adopted the same rule, U.S. carriers 

are obligated to allow a passenger to bring the 

lithium-ion batteries on-board as long as they are 

packaged according to PHMSA standards. Foreign 

carriers are also obligated to carry the lithium-ion 

batteries unless there is a conflict of law. 

21The Use of Passenger-Supplied Electronic 

Respiratory Assistive Device on Aircraft, October 

28, 2009. See http://airconsumer.dot.gov/rules/ 

notice_10_28_09.pdf. The notice also covers other 

electronic respiratory assistive devices. 

mobility device, you must provide 

packaging for the battery, if requested, 

and package the battery consistent with 

appropriate hazardous materials 

regulations. However, you are not 

required to use packaging materials or 

devices you do not normally use for this 

purpose. (§ 382.127(d)). You must not 

charge for such packaging. (§ 382.31(a)). 

You must not drain batteries. 

(§ 382.127(f)). 

If the physical size of a cargo 

compartment does not permit you to 

safely carry a wheelchair, other mobility 

aid, or assistive device upright without 

the risk of serious damage to the 

wheelchair, aid, or device, or the 

carriage of such a mobility aid in a small 

baggage compartment causes a load 

imbalance that violates weight and 

balance safety requirements, you may 

legitimately decline transportation of 

the item on the flight. However, you 

should assist the passenger in 

identifying a flight using an aircraft that 

can accommodate the wheelchair, aid, 

or device. 

Assembly and Disassembly of 

Wheelchairs, Mobility Aids, and 

Assistive Devices 

You must permit passengers with a 

disability to provide written 

instructions concerning the disassembly 

and reassembly of their wheelchairs, 

other mobility aids and other assistive 

devices. (§ 382.129(a)). When you 

disassemble these items, you must 

reassemble them and ensure their 

prompt return to the passenger with a 

disability. In addition, you must return 

a wheelchair, other mobility aid or other 

assistive device to the passenger in the 

same condition in which you received 

it. (§ 382.129(b)). 

Passenger-Supplied Electronic 

Respiratory Assistive Devices 

U.S. carriers conducting passenger 

service (except for on-demand air taxi 

operators) 

You must permit a passenger with a 

disability to use the following 

passenger-supplied electronic 

respiratory assistive devices in the 

passenger cabin during all phases of 

flight on all aircraft designed with a 

maximum passenger seating capacity of 

more than 19 seats: 

• Ventilators; 

• Respirators; 

• Continuous positive airway 

pressure (CPAP) machines; and 

• FAA-approved POCs. 

You must allow such devices to be 

used in the cabin during air 

transportation if they— 

• Meet applicable FAA requirements 

for medical portable electronic devices, 

• Display a manufacturer’s label 

indicating such compliance (see Note on 

labeling below), and 

• The device can be stowed and used 

in the cabin consistent with applicable 

TSA, FAA, and PHMSA regulations. 

(§ 382.133(a)(1) and (a)(2)) 19

Carrier personnel should inspect the 

device’s label at the departure gate to 

ensure the device is labeled properly 

and that the passenger has an adequate 

number of batteries (that is, 150 percent 

of the maximum expected duration of 

the flight) for the flight and that they are 

properly packaged.) 

Foreign Carriers Conducting Passenger 

Service (Except Operations Equivalent 

to a U.S. Carrier On-Demand Air Taxi 

Operation 

You must permit passengers with a 

disability to use the electronic 

respiratory assistive devices listed above 

(ventilator, respirator, CPAP machine, 

or POC of a kind equivalent to an FAAapproved POC for U.S. carriers) during 

flight in the passenger cabin of aircraft, 

originally designed with a maximum 

passenger seating capacity of more than 

19 seats during operations to, from or 

within the United States. However, this 

requirement does not apply to foreign 

operations that are equivalent to ondemand air taxi operations by U.S. 

carriers. (§ 382.133(b)). 

You must permit the use of such 

devices if they— 

• Meet requirements for medical 

portable electronic devices established 

by your foreign government (or if no 

such requirements exist you may apply 

applicable FAA requirements for U.S. 

carriers), 

• Have a manufacturer’s label 

indicating such compliance (see Note on 

labeling below), and 

• The device can be stowed and used 

in the cabin consistent with TSA, FAA 

and PHMSA regulations and the safety 

and security regulations of your foreign 

government. (§ 382.133(b)(1) through 

(b)(3)). 

Carrier personnel should inspect the 

device’s label at the departure gate to 

ensure the device is labeled properly 

and that the passenger has an adequate 

number of batteries for the flight and 

that they are properly packaged.20

Note: Since the issuance of revised Part 

382 on May 13, 2008, some carriers have 

denied passengers the use of POCs onboard 

the aircraft because the devices did not have 

a manufacturer’s label indicating that the 

device complies with the standards of RTCA/ 

DO–160 or other applicable FAA or foreign 

requirements for portable medical electronic 

devices, even though the POC has been 

approved by the FAA for in-flight use. The 

DOT strongly encourages carriers to allow 

passengers to use any such FAA-approved 

POC if the conditions in Special Federal 

Aviation Regulation No. 106 (SFAR 106) for 

use of portable oxygen concentrator systems 

onboard aircraft are followed even if the 

device has not been labeled.21 (See DOT 

Notice on this issue at http:// 

airconsumer.ost.dot.gov/rules/ 

Notice_10_28_09.pdf). Under SFAR 106, the 

FAA reviews the tests of POCs and 

determines whether the POCs meet safety 

requirements for medical portable electronic 

devices and are safe for use in-flight subject 

to certain conditions. The FAA specifically 

lists any POC brands and models that it 

deems acceptable for use onboard aircraft in 

SFAR 106. (14 CFR part 121, SFAR 106). (A 

list of FAA-approved POCs can be found on 

the FAA’s Web site at http://www.faa.gov/ 

about/initiatives/cabin_safety/ 

portable_oxygen/). 

Chapter 3, Assisting Air Travelers with 

Disabilities Planning a Trip, also discusses 

passenger-supplied electronic respiratory 

assistive devices. Specifically, Chapter 3 

discusses the information a carrier must 

provide during the reservation process to 

passengers with a disability who wish to use 

such devices during a flight and the 

conditions a passenger must meet to bring 

the device on the aircraft. 

Baggage Liability Limits 

On domestic U.S. flights the baggage 

liability limits (14 CFR Part 254, 

Domestic Baggage Liability Limits), do 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS2
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not apply to loss, damage, or delay 

concerning wheelchairs, other mobility 

aids, or other assistive devices. Rather, 

the basis for calculating the 

compensation for lost, damaged, or 

delayed mobility aids, including 

wheelchairs, or other assistive devices 

must be the original purchase price of 

the device. (§ 382.131). 

Note: Baggage liability limits for 

international travel, including flights of U.S. 

carriers, are governed by the Montreal 

Convention and other international 

agreements instead of 14 CFR part 254. 

You also must not require a passenger 

with a disability to sign a waiver of 

liability for damage to or loss of a 

wheelchair or other assistive device, 

although you may make notes about 

preexisting damage or the condition of 

these items to the same extent you do 

this for other checked baggage. 

(§ 382.35(b)). 

Example: A passenger with a batterypowered wheelchair with a spillable battery 

arrived for his domestic flight and carrier 

personnel determined that the wheelchair 

could not be loaded, stored, secured, and 

unloaded in an upright position in the cargo 

compartment of the aircraft. Therefore, the 

appropriate personnel removed the battery 

and stored the battery and wheelchair as 

checked baggage. When the passenger arrives 

at his destination and the battery is 

reconnected, it is done incorrectly and the 

entire electronic circuit board of the 

wheelchair is severely damaged, rendering 

the wheelchair temporarily unusable. What 

should you do? 

As a matter of good customer service, you 

should apologize to the passenger for the 

problem and the resulting inconvenience. In 

addition, you should explain to the passenger 

that the carrier will compensate him for the 

damaged wheelchair in an amount based on 

the original purchase price of the device. If, 

for example, the passenger provides you with 

documentation that the original cost of the 

wheelchair was $10,000 and verification that 

it cost $2,900 to be repaired, the carrier 

would pay the passenger or the repair 

company $2,900 to cover the cost of the 

wheelchair repair. Repair costs in excess of 

the original cost of the wheelchair need not 

be paid. The passenger could also recover 

from the carrier reasonable costs associated 

with the rental of a wheelchair during the 

repair period or while awaiting a new 

wheelchair. 

E. Services and Information Provided in 

the Cabin 

Services on Aircraft 

You must provide certain services 

within the aircraft cabin when requested 

by a passenger with a disability or when 

offered to and accepted by a passenger 

with a disability. Specifically, you must 

provide assistance: 

• Moving to and from a seat as part 

of boarding and deplaning; 

• Preparing for eating, such as 

opening packets and identifying food; 

• If there is an on-board wheelchair, 

using the on-board wheelchair to enable 

the passenger to move to and from the 

lavatory (if requested, this could involve 

transferring the passenger from a seat to 

an aisle chair); 

• Moving a passenger who is semiambulatory to and from the lavatory, 

without lifting or carrying the 

individual; 

• Ensuring effective communication 

with passengers with vision or hearing 

impairments so that these passengers 

have timely access to information you 

provide to other passengers, such as 

information about weather, on-board 

services, flight delays, and connecting 

gates at the next airport; and 

• Stowing and retrieving carry-on 

items, including mobility aids and other 

assistive devices stowed in the cabin (a 

passenger must self-identify as an 

individual with a disability needing 

such assistance). (§ 382.111). 

Example 1: A passenger using an aisle 

chair for boarding asks for help storing her 

carry-on item in the overhead compartment 

because, as is apparent, her disability 

prevents her from being able to reach up to 

the overhead compartment. What should you 

do? 

You must either assist the passenger 

directly or indicate that you will find the 

appropriate employee to assist her in stowing 

her carry-on bag in the overhead 

compartment. 

Example 2: A passenger who walks onto 

the plane for an evening flight with a rolling 

carry-on bag asks for help lifting his bag and 

putting it in the overhead storage 

compartment. What should you do? 

Because he has not identified himself as, 

and it is not obvious that he is, a passenger 

with a disability, you may want to ask for 

further clarification. Because, under the law, 

normally you cannot ask a passenger if he 

has a disability, you might ask, ‘‘Is there any 

particular reason you need assistance sir?’’ or 

‘‘Are you unable to lift it yourself?’’ If, for 

example, the passenger explains that he has 

multiple sclerosis and his muscles are 

particularly fatigued at the end of the day 

and, therefore, he needs help lifting things, 

you must either assist the passenger directly 

or indicate that you will find the appropriate 

employee to assist him in stowing his carryon bag. If, on the other hand, the passenger 

states that he is merely tired and does not 

feel like lifting the bag, he may be considered 

not to be a passenger with a disability and, 

therefore, you are not obligated to assist him. 

You may politely decline to assist him, 

depending on your carrier’s policies 

regarding assistance with stowing carry-on 

items for passengers. 

You are not required to provide extensive 

special assistance to passengers with a 

disability such as: 

• Help with actual eating, for example, 

feeding the passenger; 

• Assistance within the restroom or at the 

passenger’s seat with elimination functions; 

or 

• Provision of medical services. 

(§ 382.113(a) through (c)). 

You cannot require that a passenger with 

a disability sit on a blanket or wear badges 

or other special identification. (§ 382.33(b)(3) 

and (b)(4)). 

Timely and Complete Access to 

Information for Passengers With a 

Vision or Hearing Impairment 

You must ensure that passengers with 

a disability who identify themselves as 

needing visual or hearing assistance 

have prompt access to the same 

information provided to other 

passengers on the aircraft. In this 

context, ‘‘prompt’’ means that you must 

provide this information to passengers 

with vision or hearing impairments as 

close as possible to the time the 

information is transmitted to the other 

passengers. However, you are not 

required to provide information if it 

would interfere with your crewmember 

safety duties under applicable FAA and 

foreign regulations. (§ 382.119(a)). 

You must provide information on— 

• Flight safety, 

• Procedures for takeoff and landing, 

• Flight delays, 

• Schedule or aircraft changes that 

affect the travel of passengers with a 

disability, 

• Diversion to a different airport, 

• Scheduled departure and arrival 

time, 

• Boarding information, 

• Weather conditions at the flight’s 

destination, 

• Beverage and menu information, 

• Connecting gate assignments, 

• Baggage claim, 

• Individuals being paged, and 

• Emergencies (for example, fire or 

bomb threat). 

(§ 382.119(b)). 

You may need to provide passengers 

with information not included on this 

list. In addition, if you use audio-visual 

displays to convey this information to 

passengers with hearing impairments 

you must provide high-contrast 

captioning as previously discussed in 

Section A, Aircraft Accessibility, of this 

chapter. (§ 382.69). 

F. Safety Briefings 

The FAA requires that you provide a 

safety briefing to all passengers before 

each takeoff. (§§ 121.571 and 135.117). 

With regard to passengers with a 

disability you must not require that the 

passenger demonstrate he or she has 

listened to, read, or understood the 

information presented, except to the 

extent that you impose such a 

requirement on all passengers with 


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respect to the general safety briefing or 

for an exit row briefing. In addition, you 

must not take any action adverse to a 

passenger with a disability on the basis 

the individual has not ‘‘accepted’’ the 

briefing. (§ 382.115(c)). 

Individual Safety Briefings 

Under certain circumstances, you 

must provide individual safety briefings 

to a passenger with a disability. 

(§ 382.115(a)). FAA regulations require 

you to conduct an individual briefing 

for each passenger who may need 

assistance to move expeditiously to an 

emergency exit. (§§ 121.571(a)(3) and (4) 

and 135.117(b)). You must brief the 

passenger and the attendant, if any, on 

the routes to the appropriate exit and on 

the most appropriate time to move 

toward the exit in the event of an 

emergency. In addition, you must ask 

the passenger and the attendant, if any, 

the most appropriate manner of 

assisting the passenger. You may offer 

an individual briefing to any other 

passenger. (§ 382.115(b)). When you 

conduct an individual safety briefing for 

a passenger with a disability, you must 

do so as inconspicuously and discreetly 

as possible. (§ 382.115(d)). 

Safety Briefings for Passengers With 

Hearing Impairments 

If you present safety briefings to 

passengers using audio-visual displays, 

you must ensure that the presentation is 

accessible to passengers with hearing 

impairments. (§ 382.115(e)). The 

accessibility requirements for onboard 

audio-visual safety presentations are 

discussed in Section A, Aircraft 

Accessibility of this chapter. (§ 382.69). 

Chapter 6: Assisting Air Travelers With 

Disabilities With Their Complaints 

A. Complaints Resolution Officials (CROs) 

B. Handling Passenger Complaints 

C. ACCESS: An Approach for Resolving 

Complaints 

D. General Complaint Resolution Tips 

E. Categorizing, Recording and Reporting 

Written Disability-Related Complaints 

A. Complaints Resolution Officials 

(CROs) 

Carriers providing service using 

aircraft with 19 or more passenger seats 

must designate one or more CROs. 

(§ 382.151(a)). CROs are individuals 

trained as the carrier’s experts in 

ensuring that carrier personnel correctly 

implement the Air Carrier Access Act 

(ACAA) requirements and Part 382. 

Each CRO must be trained and 

thoroughly familiar with (1) the rights of 

passengers with disabilities under Part 

382 and (2) the carrier’s procedures with 

respect to passengers with a disability. 

The primary purpose of having a CRO 

is to resolve a passenger’s problem as 

quickly as possible without using formal 

Department of Transportation (DOT) 

enforcement procedures and before a 

violation occurs. 

(§§ 382.141(a)(7) and 382.151(d)). 

A CRO must have the authority to 

resolve complaints by passengers with a 

disability on behalf of the carrier. 

Therefore, CROs must have the power to 

overrule decisions of other carrier 

personnel, except that they are not 

required to have the authority to 

countermand a safety decision made by 

the pilot-in-command. (§ 382.151(e)). 

Availability of the CRO 

As a U.S. carrier, you must make a 

CRO available at each airport you serve 

during all times you are operating at 

that airport. As a foreign carrier, you 

must make a CRO available either in 

person or by telephone or Text 

Telephones (TTY) at each airport 

serving flights you operate that begin or 

end at a U.S. airport. Part 382 recognizes 

that, in some cases, carriers operate 

flights infrequently and it is not 

necessary to have a CRO available 

during those times the carrier is not 

operating flights at that airport. 

(§ 382.151(b)). 

Example: A foreign carrier may fly from 

Dulles International Airport to a foreign 

airport only at 5 p.m. on Mondays and 

Thursdays. On other days and on Monday 

and Thursday mornings, the foreign carrier 

would not have to make a CRO available at 

Dulles. 

If the CRO is available by telephone, it 

must be at no cost to the passenger. In 

addition, if a telephone link to the CRO is 

used, a TTY service or a similarly effective 

technology must be available to passengers 

with hearing impairments. You must ensure 

that CRO services are available in the 

languages in which you provide services to 

the general public. (§ 382.151(b)). 

B. Handling Passenger Complaints 

If a passenger with a disability, or 

someone on behalf of a passenger with 

a disability, complains or raises a 

concern with you about discrimination, 

accommodations, or services with 

respect to passengers with a disability, 

and you do not immediately resolve the 

issue to the customer’s satisfaction or 

provide a requested accommodation, 

you must immediately inform the 

passenger of the right to contact a CRO. 

You must then contact a CRO on the 

passenger’s behalf or provide the 

passenger with the means to contact the 

CRO such as by providing a telephone, 

a phone card plus the location and/or 

phone number of the CRO. The 

requirement to provide this information 

applies to your carrier’s reservation 

agents, contractors, and Web sites when 

a passenger with a disability using those 

services complains or raises a concern 

about a disability related issue. 

(§ 382.151(c)). Carriers are responsible 

for making a passenger aware of the 

availability of a CRO anytime a 

disability-related concern is raised even 

if a passenger does not specifically ask 

to speak with a CRO. 

Example: A passenger with a disability 

states that he wishes to carry-on and stow his 

personal folding wheelchair in the cabin as 

he has done on several similar flights on your 

carrier in the same market and on the same 

aircraft type. As the ticket agent, you inform 

the passenger that you are unsure if 

wheelchairs can be stowed in the cabin, but 

state ‘‘We have a CRO available that will be 

able to provide guidance. The CRO is our 

carrier’s expert in disability related questions 

or concerns.’’ 

Complaints Made Directly to a CRO 

During the Trip 

When a passenger with a disability 

makes a complaint directly to a CRO 

during the course of the trip (for 

example, over the telephone or in 

person at an airport), the CRO must 

promptly take action to resolve the 

problem as follows: 

• If a passenger complains about a 

disability-related issue to a CRO before 

Part 382 has been violated, the CRO 

must promptly take action or direct 

other employees to take action to ensure 

compliance with the law. (§ 382.153(a)). 

However, as previously discussed, only 

the pilot-in-command of an aircraft has 

final authority to make decisions 

regarding safety onboard his or her 

aircraft and the CRO may not have the 

authority to override a pilot’s decisions 

regarding safety. (§ 382.151(e)) . 

• If a passenger complains about a 

disability-related issue or alleges that a 

violation of Part 382 already has 

occurred and the CRO agrees that a 

violation has occurred, the CRO must 

provide the complaining passenger with 

a written statement summarizing the 

facts and the steps, if any, the carrier 

proposes to take in response to the 

violation. (§ 382.153(b)). Note, some 

carriers use their legal department to 

provide a written response. 

• If a passenger alleges a violation of 

Part 382 but the CRO determines that no 

violation has occurred, the CRO still 

must provide a written statement 

including a summary of the facts and 

the reasons for that determination. 

(§ 382.153(c)). 

Note: In both instances discussed above, 

the written statement responding to the 

passenger’s complaint must either be 

provided in person to the passenger at the 

airport or it must be forwarded to the 

passenger within 30 calendar days of the 

complaint. The written statement must 


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22ACCESS is a memory aid to Ask, Call, Check, 

Evaluate, Solve, and Satisfy for use when resolving 

complaints. 

inform the complaining passenger about his 

or her right to pursue DOT enforcement 

action under Part 382. (§ 382.153(d)). 

Written Complaints Received After the 

Trip 

Generally, as a carrier, you must 

respond to written complaints from 

passengers with a disability. Written 

complaints may be received by letter, 

facsimile, email, electronic instant 

messaging, and short message service 

(SMS) via the Internet. (§ 382.155(a)). In 

regards to complaints received through 

Facebook and Twitter, in the context of 

consumer complaints, the Department 

allows carriers to not respond to those 

complaints provided the carrier clearly 

indicates on the its primary page on 

Facebook and/or Twitter that it will not 

reply to consumer complaints on that 

site and directs the consumer to the 

carrier’s mailing address and email or 

Web site location for filing written 

complaints. The Enforcement Office 

will adopt this policy for disabilityrelated complaints as well. However, 

you are not required to respond to a 

written complaint postmarked or 

transmitted more than 45 days after the 

date of the incident, except complaints 

referred to you by DOT. (§ 382.155(c)). 

You must provide your response in 

writing to the complaining passenger 

within 30 days of receiving his or her 

written complaint. Your response must 

describe how you resolved the 

complaint and must specifically admit 

or deny that a violation of Part 382 

occurred. (§ 382.155(d)). As a matter of 

good customer service, you should 

provide all information regarding 

written complaints in a polite and 

respectful manner. 

Depending on your carrier’s 

determination, the response to a written 

complaint must include the following: 

• If your carrier agrees that a violation 

has occurred, you must provide a 

written statement to the complaining 

passenger summarizing the facts and 

stating what steps, if any, your carrier 

proposes to take in response to the 

violation. (§ 382.155(d)(1)). 

• If your carrier denies a violation 

occurred, the written response must 

include a summary of the facts and your 

carrier’s reasons under Part 382 for 

making the determination. 

(§ 382.155(d)(2)). 

Note: As with the response to oral 

complaints, the response to a written 

complaint must inform the complaining 

passenger about his or her right to pursue 

DOT enforcement action under the law. 

(§ 382.155(d)(3)). 

Responsibilities of Employees/ 

Contractors Other Than the CRO 

Each employee/contractor dealing 

with the traveling public should be 

trained to proficiency, as appropriate to 

the duties of the employee/contractor, 

on the legal requirements and the 

carrier’s policies concerning the 

provision of air travel to passengers 

with disabilities. (§ 382.141). These 

employees/contractors must receive 

training on awareness about and 

appropriate responses to individuals 

with physical, sensory, mental, and 

emotional disabilities, including how to 

distinguish among the differing abilities 

of individuals with a disability. 

(§ 382.141(a)(2)). A discussion of 

employee/contractor training 

requirements can be found in Chapter 8: 

Personnel Training; and Appendix II on 

Airline Management Related Issues. 

You should be familiar with your 

carrier’s established procedures and the 

CRO’s duties and responsibilities with 

respect to resolving a complaint raised 

by a passenger with a disability. You 

should convey this information to 

passengers with a disability under the 

appropriate circumstances. 

When resolving complaints from a 

passenger with a disability, you should: 

• Request assistance from a CRO 

immediately or assist the passenger with 

a disability in doing so, if the passenger 

requests to speak with a ‘‘supervisor’’ or 

‘‘manager’’ about a disability-related 

issue. 

• Contact a CRO if you are having any 

difficulty providing an accommodation 

required by Part 382 or carrier policy to 

a passenger with a disability. 

• Carry the information about how to 

contact a CRO with you at all times. 

Remember, a U.S. carrier must make a 

CRO available, in person or by 

telephone, at each airport the carrier 

serves during all times the carrier is 

operating at that airport. A foreign 

carrier must make a CRO available, in 

person or by telephone, at each airport 

serving flights the carrier operates that 

begin or end at a U.S. airport. 

(§ 382.151(b)). 

C. ACCESS: An Approach for Resolving 

Complaints 

When you receive a complaint from a 

passenger with a disability, there are 

certain requirements under the law with 

which you, your carrier, and a CRO 

must comply. Even if you call a CRO, 

it is important to be able to assess the 

situation firsthand through observation, 

communication, and information 

gathering because a CRO is not always 

available onsite and may only be 

involved in resolving the complaint by 

telephone. 

Having a consistent process for 

handling these complaints will assist 

you in meeting your legal obligations 

and providing good customer service. 

Learning what the particular problem is, 

finding the applicable rule, regulation, 

or policy that addresses the situation, 

and remedying the situation by taking 

positive action are important aspects of 

the process. 

The ACCESS 22 checklist below is 

provided as a memory aid for 

responding to these complaints. 

Remember ACCESS as a thorough and 

useful process through which you can 

address the complaint or refer it to a 

CRO as needed. 

BILLING CODE 4910–9X–P 


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D. General Complaint Resolution Tips 

To ensure that you can appropriately 

resolve a complaint from a passenger 

with a disability, you should: 

• Familiarize yourself with this 

manual, the full text of Part 382 at 

http://airconsumer.ost.dot.gov/ 

SA_Disability.htm, and your carrier’s 

policies concerning Part 382, and for 

providing good customer service. 

Primarily, you must not violate the civil 

rights of passengers with a disability. In 

addition, you should treat passengers in 


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a manner consistent with good customer 

service. 

• Work as quickly as possible to 

ensure prompt service and, at the same 

time, respect the needs of passengers 

with a disability. 

• Be aware of your carrier’s 

procedures for addressing complaints. 

You should take the time necessary to 

resolve the complaint while maintaining 

flight schedules. If an unfamiliar 

situation presents itself or you have any 

doubts or questions, you should contact 

your immediate supervisor or a CRO for 

prompt resolution of the issue. 

• Make reasonable attempts to keep 

the passenger with a disability informed 

about your or other carrier personnel’s 

progress with respect to resolving a 

complaint. 

• Do not argue with a passenger with 

a disability who presents a complaint. 

• Listen carefully and actively, 

evaluate appropriate options under Part 

382 and your carrier’s policy, and 

communicate the basis for the action 

taken (or not taken) to the passenger 

with a disability in a respectful and 

polite manner to ensure effective 

complaint resolution. 

• Assess the situation firsthand 

through observation, communication, 

and information gathering even if you 

call a CRO, because a CRO is not always 

available on site and may only be 

involved in resolving the complaint by 

telephone. 

E. Categorizing, Recording, and 

Reporting Written Disability-Related 

Complaints 

As a carrier covered by Part 382 that 

conducts passenger operations with at 

least one aircraft having a designated 

seating capacity of more than 60 

passengers on flights to, from, or in the 

United States, you must categorize, 

record, and report annually to the DOT 

written disability-related complaints 

you receive. (§ 382.157). This 

requirement applies to foreign carriers 

only with respect to disability-related 

complaints associated with any flight 

segment beginning or ending in the 

United States. (§ 382.157(b)). 

As a carrier, you must have a system 

for categorizing and recording 

disability-related complaints by the 

passenger’s type of disability and the 

nature of the passenger’s complaint. 

(§ 382.157(c)) In addition, you must 

submit an annual report on the last 

Monday of January of every year 

summarizing the disability-related 

complaints you received during the 

previous year. This annual report must 

be submitted online using the form 

specified at the Web site address 

http://382reporting.ost.dot.gov unless 

you demonstrate undue hardship if not 

permitted to submit the information via 

paper copies, disks or email. 

(§ 382.157(d)). If DOT approves your 

request not to submit the annual report 

through the Web site address above, you 

must use the form in Appendix A to 

Part 382. (§ 382.157(h)). 

Note: The recording and reporting 

responsibilities discussed above apply to 

carriers in a codeshare relationship. As 

carrier in such a relationship, you must 

record and report disability-related 

complaints concerning services you provide. 

In addition, you must forward to your 

codeshare partner any disability-related 

complaints you receive from or on behalf of 

passengers regarding difficulties encountered 

in connection with service provided by your 

codesharing partner. As a codeshare carrier, 

you must report disability-related complaints 

even when you are unable to reach agreement 

with your codeshare partner as to whether 

the complaint involves service you provide 

or service your codeshare partner provides. 

Each carrier, including those carriers in a 

codeshare relationship, must record and 

report disability-related complaints 

forwarded to it by another carrier or 

governmental agency with respect to 

difficulties encountered in connection with 

services you provide. (§ 382.157(f)(1) and 

(f)(2), and (g)). 

Finally, each carrier must retain 

correspondence and records of action on all 

disability-related complaints for 3 years after 

receiving the complaint or creating the record 

of action. You must make these records 

available to the DOT on request. 

(§ 382.157(e)). 

Chapter 7: Interacting With Individuals 

With Disabilities 

A. Terminology 

B. Physical, Mental, and Psychological 

Impairments 

C. Tips for Interacting With Individuals With 

Disabilities 

A. Terminology 

When assisting and interacting with 

individuals with disabilities, you 

should use language that reflects a 

positive view of them. You should focus 

on the person first, not the disability, 

and avoid language that reinforces 

myths, stereotypes, and discrimination. 

This chart lists some currently 

acceptable terminology and terminology 

you should avoid when addressing or 

referring to an individual with a 

disability. 

Use Avoid 

Person with a disability ............................................................................. Handicapped or deformed. 

Person with a hearing impairment ........................................................... The deaf. 

Person with a vision impairment .............................................................. The blind; the visually-impaired. 

Person with an emotional disorder, psychiatric illness, or psychiatric 

disability. 

Crazy, demented, lunatic, psycho, or maniac. 

Person using a wheelchair, wheelchair user ........................................... Confined to a wheelchair, wheelchair bound, or crippled. 

Person with acquired immune deficiency syndrome (AIDS) or living with 

AIDS. 

Afflicted with AIDS, victim of AIDS, or suffers from AIDS. 

Congenital disability .................................................................................. Birth defect. 

Person with cerebral palsy ....................................................................... Afflicted with cerebral palsy or suffers from cerebral palsy. 

Person with Down syndrome ................................................................... Mongol, mongoloid, or retarded. 

Person with a head injury, brain damage, or traumatic brain injury ........ Brain damaged. 

Person with a speech disorder or who is without speech ....................... Mute or dumb. 

Person with quadriplegia or who is paralyzed ......................................... Crippled. 

Person of small or short stature ............................................................... Midget. 

B. Physical, Mental, and Psychological 

Impairments 

It may not be apparent whether a 

person is an individual with a 

disability. You should provide an 

opportunity for an individual with a 

disability to self-identify by asking if the 

individual needs assistance and, if so, 

how best you can assist with those 

needs. Be mindful that you cannot 

require an individual with a disability 

to accept special services, including 

preboarding. (§ 382.11(a)(2)). Below are 

examples of physical, mental, and 

psychological impairments. 

Examples of Physical Impairments 

• Orthopedic impairment; 

• Deafness (profound hearing loss); 


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• Hard of hearing (mild to profound 

hearing loss); 

• Vision impairment and blindness; 

• Speech disorder; 

• Cerebral palsy; 

• Epilepsy; 

• Muscular dystrophy; 

• Multiple sclerosis; 

• Cancer; 

• Heart disease; 

• Diabetes; and 

• Human Immunodeficiency Virus 

(HIV). 

(§ 382.3). 

Examples of Mental or Psychological 

Impairments 

• Mental retardation; 

• Organic brain syndrome; 

• Emotional or mental illness; and 

• Specific learning disabilities. 

(§ 382.3). 

C. Tips for Interacting With Individuals 

With Disabilities 

The first section below provides 

general tips for interacting with an 

individual with a disability. This 

section is followed by tips for 

interacting with individuals with one or 

more of a provided list of examples of 

disabilities. 

This information will help you 

provide services, facilities, and other 

accommodations to passengers with 

disabilities in a respectful and helpful 

manner. Some of the tips relate to 

specific requirements under Part 382, 

but most suggest ways to interact with 

passengers with disabilities that would 

constitute good customer service and 

demonstrate an appropriate level of 

sensitivity. However, carriers should be 

aware that § 382.141(a)(3) requires 

carriers to train employees who deal 

with the traveling public to recognize 

requests for communication 

accommodations from individuals with 

vision or hearing impairments and to 

use the most common, readily available 

methods for communicating with these 

individuals such as writing notes and 

clearly enunciating. The tips below 

should be read and followed with the 

above qualification in mind. 

General Tips for Interacting With 

Individuals With Disabilities 

• Always ask. The most effective and 

simplest step for you to take when you 

are uncertain about a passenger’s needs 

is to ask, ‘‘How may I best assist you?’’ 

or ‘‘Please let me know how I can assist 

you.’’ A passenger with a disability has 

the most information about his or her 

abilities, level of familiarity with the 

airport and airline, and traveling needs. 

• Appreciate the passenger’s 

perspective. You should take into 

consideration the extra time and energy 

that traveling may require for a person 

with a disability. For example, you 

should realize that a person with a 

disability may not have the flexibility 

and spontaneity to react to unexpected 

situations. Understand that making 

adjustments may take more time or may 

require additional attention or services 

for passengers with a disability. 

• Be yourself and be self-aware. 

When you are speaking with an 

individual with a disability it is 

important to relax, be yourself, and 

maintain the conversational style you 

would use for anyone else. Be aware of 

the possibility that your body language 

could convey discomfort or impatience; 

try to avoid this. Also, you should 

respect the privacy of individuals with 

disabilities. Asking about a person’s 

disability can be perceived as intrusive 

and insensitive. It might be interpreted 

as placing the disability above the 

human being. 

• Do not make assumptions. Do not 

assume that all individuals with a 

disability automatically need assistance. 

Keep in mind that if the setting is 

accessible, individuals with a disability 

would usually prefer to operate 

independently. 

• Emotions matter. Acknowledge the 

emotions of the person in a stressful 

situation, for example, frustration or 

disappointment. When acknowledging 

the emotions of others, it may be more 

effective to use ‘‘you’’ rather than ‘‘I.’’ 

For example, you should say, ‘‘You 

must be frustrated by having to wait for 

your checked wheelchair’’ rather than, 

‘‘I completely understand how you feel, 

I had to wait forever at a supermarket 

check-out yesterday.’’ 

• Focus on the person, not the 

disability. The emphasis is on the 

individual first, not the disability. 

• Keep the passenger informed. When 

providing an accommodation to a 

passenger with a disability, update the 

passenger about the progress or timing 

in connection with the accommodation. 

• Knowledge is useful. Be aware of 

the services, information, and resources 

available to an individual with a 

disability who asks about a particular 

accommodation. If you do not know the 

answer to the question, treat the 

individual with respect and courtesy 

and say, ‘‘Let me find out for you.’’ Do 

not guess about what accommodations 

or services to provide an individual 

with a disability. When explaining the 

requirements under Part 382, avoid 

giving legal advice or counseling the 

person in any way. 

• The passenger is the expert. Offer 

assistance only if the passenger appears 

to need help. If the passenger asks for 

help, ask how you can assist and listen 

to the passenger’s response and 

instructions before you act. If you have 

any doubts as to how to assist a 

passenger with a disability, you should 

ask the passenger for guidance before 

acting. Avoid being overly enthusiastic 

about helping and always think before 

you speak and act when offering 

assistance. 

• Respect personal space. Be 

sensitive about physical contact. Avoid 

patting an individual with a disability 

or touching the individual’s wheelchair 

or cane. Individuals with disabilities 

consider their assistive devices to be 

part of their personal space. 

• Speak directly to the passenger. 

Always make eye contact and speak 

directly to an individual with a 

disability, not the individual’s 

companion, attendant, or interpreter. 

• Treat each passenger as an 

individual. It is important to recognize 

that individuals with a disability may 

vary in their ability to perform certain 

tasks. Individuals with a disability are 

best able to assess and gauge what they 

can and cannot do in a particular 

situation. 

It is always important to keep these 

tips in mind when assisting and 

communicating with passengers with 

disabilities. Although as a practical 

matter, you need to be aware of different 

considerations depending on the 

passenger’s type of disability. 

Five Examples of Types of Disabilities 

Below are five basic types of 

disabilities with a list of considerations 

to keep in mind when you are 

communicating and accommodating 

passengers with each type of disability. 

Although these five types of disabilities 

are specifically discussed, you must 

consider each passenger with a 

disability as an individual with 

individual needs. It is important for you 

to communicate with each passenger 

about that particular passenger’s needs 

under the circumstances and avoid 

making assumptions about the 

passenger’s needs. 

Five examples of types of disabilities 

addressed below are— 

• Vision impairments; 

• Hearing or severe hearing and 

vision impairments; 

• Mobility disabilities; 

• Difficulty speaking; and 

• Disabilities that are not apparent 

(for example, a cognitive or emotional 

disability, diabetes, etc.). 


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Tips for Assisting Individuals With 

Vision Impairments 

Communication 

• Only offer assistance if it seems 

appropriate. Ask the person if you can 

be of assistance and, if so, how you can 

help. 

• Identify yourself by name and job 

responsibility first. 

• Always communicate using words 

rather than relying on gestures, facial 

expressions, or other nonverbal 

communication. For example, tell the 

passenger the gate number and the 

directions to the gate. If you are handing 

a boarding pass to a passenger with a 

vision impairment, explain that you 

have the person’s boarding pass and that 

you would like to place it directly in the 

person’s hand. Always communicate in 

words that describe what you are doing 

(for example, waiting to receive 

confirmation of a reservation), and 

identify any items you are giving to the 

passenger (for example, a credit card, 

ticket, or voucher). 

• Make sure a passenger with a vision 

impairment is made aware of all 

relevant information as it becomes 

available to other passengers. (§ 382.53 

and 382.119). For example, if a boarding 

time is changed and the new boarding 

time is posted visually at the gate, you 

must inform the person orally. You 

should advise the passenger when you 

are leaving the area and answer any 

questions the person has before you 

leave. 

• If individual safety briefings are 

required, you must conduct them 

discreetly with respect for the privacy of 

an individual with a vision impairment. 

(§ 382.115(d)). 

• If a person uses a term relating to 

vision impairments that you are not 

familiar with or that you do not 

understand, ask the individual what his 

or her needs are. If you need additional 

information, you should contact the 

Complaints Resolution Official (CRO) to 

discuss how best to proceed. Be aware 

that your carrier may provide additional 

training to educate you about the 

different types of disabilities to enhance 

your ability to accommodate passengers 

with disabilities. 

• Keep in mind that the special 

service request (SSR) field of the 

passenger name record (PNR) may 

contain information concerning a 

passenger who is visually impaired. 

Guiding an Individual 

• Never take the arm of an individual 

with a vision impairment without 

asking first. In addition to the fact that 

the passenger might not need or want 

assistance, grabbing the passenger’s arm 

could cause the passenger to lose his or 

her balance. Also, if you do not ask 

whether the passenger needs assistance, 

the passenger could perceive your 

forcing assistance upon him or her as a 

lack of respect because you did not give 

that passenger the option of receiving or 

declining the assistance. Once you ask 

if you can offer your arm, let the person 

take it. You may direct the individual’s 

arm to a railing or the back of a chair 

to assist with seating. 

• Walk approximately a half step 

ahead of the person if you are serving 

as a guide through the terminal. Inform 

a person with a vision impairment about 

any approaching obstacles, such as 

escalators, moving walkways, or 

revolving doors, and alternative routing 

to avoid these obstacles if the person 

desires. For example, when approaching 

a moving walkway you might say, ‘‘We 

are approaching a moving walkway; it is 

approximately 50 feet in front of us. If 

you would like we can use the moving 

walkway or avoid the walkway. Which 

would you prefer?’’ Never assume that 

a person with a vision impairment 

cannot use these devices because of his 

or her disability. Instead, offer the 

individual the freedom and flexibility to 

choose which devices and facilities he 

or she would like to use. Describe the 

environment in detail as you proceed 

and ask the person if he or she would 

like you to point out airport amenities 

such as restaurants, shops, automated 

teller machines, restrooms, airline club 

lounges, displays, or other terminal 

facilities. Note any obstacles and their 

location in your path. If you need to 

provide a warning, be as specific as 

possible. Offer to orient the person to 

the gate or other terminal area in case 

he or she would like to walk around. 

For example, you could say, ‘‘All even 

numbered gates are on our right when 

walking from security and odd 

numbered gates are on the left.’’ 

• When you are done guiding the 

person to his or her destination, ask if 

any other assistance is needed. You 

should not inform other passengers or 

carrier personnel that an individual 

with a vision impairment needs 

additional assistance unless the 

individual has requested you to do so. 

• Be aware that many people with 

vision impairments prefer to walk rather 

than use mobility devices, such as 

wheelchairs or electric carts. You may 

not require an individual with a vision 

impairment to use a wheelchair and, if 

requested, you must provide a walking 

guide for that individual. 

Service Animals and Assistive Devices 

• Never pet or distract a service 

animal accompanying an individual 

with a vision impairment unless the 

individual specifically told you it is all 

right to do so. 

• Do not separate passengers with 

vision impairments from their service 

animals unless the individual 

specifically told you it is acceptable to 

do so. 

• Do not move a person’s cane or 

assistive device if the person has placed 

it on the ground near a seat. If you ask 

and receive permission, you may help 

the passenger collect things if needed 

(for example, carry-on items or jackets.) 

• Do not lean on a passenger’s 

assistive device. 

• Do not use a passenger’s assistive 

device unless you have specific 

permission from the passenger. 

• Do not disassemble a passenger’s 

assistive device unless disassembly is 

necessary for stowage on the aircraft. 

Tips for Assisting Individuals With 

Hearing or Hearing and Vision 

Impairments 

Communication 

• Remember that individuals with 

hearing impairments have various ways 

of communicating. Depending on the 

nature of their disability, these 

individuals may communicate using, for 

example, sign language, speech/lip 

reading, Text Telephones (TTY), a 

hearing aid, or an implant. A person’s 

hearing impairment may go unnoticed 

unless the person self-identifies. 

• When you speak, look directly at 

the person with a hearing impairment. 

The person may use speech/lip reading 

as a method of communicating. You 

should use normal lip movement and a 

normal tone of voice when speaking to 

the person. You should not shout 

because shouting distorts the sound, 

words, and lip movement. Sometimes 

you may need to rephrase your message 

because many words have the same lip 

movement, for example, the numbers 15 

and 50. If you write a note, you should 

make the message short and simple. If 

the person with a hearing impairment 

uses an interpreter, you should look 

directly at the person with a hearing 

impairment and not the interpreter 

when speaking with the person with a 

hearing impairment. 

• Identify yourself by name and job 

responsibility first. 

• If individual safety briefings are 

required, conduct them discreetly with 

respect for the privacy of the person 

with the hearing or vision and hearing 

impairment. (§ 382.115(d)). 

• Make sure a passenger with a vision 

or hearing impairment receives all 

relevant information as it becomes 

available to all passengers. For example, 


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if a boarding time is changed and the 

new boarding time is announced, you 

must inform the person through an 

accessible method of communicating. 

(§ 382.53 and 382.119). 

• If a person uses a term relating to 

hearing or hearing and vision 

impairments that you are not familiar 

with or that you do not understand, ask 

the person to tell you what his or her 

needs are. If you need additional 

information, you should contact the 

CRO to discuss how best to proceed. 

• An individual with both hearing 

and vision impairments may 

communicate through ‘‘finger spelling’’, 

which is an alternative to sign language. 

This method involves ‘‘writing’’ with 

your fingertip on the palm of the 

person’s hand. You should use the 

fleshy part of your fingertip, not your 

nail. Always use all upper case letters 

and use the same reference point for 

each letter. You should hold the 

person’s hand the same way each time, 

so the top and bottom letter falls in the 

same place. Make sure the words you 

print are ‘‘right side up’’ for the person 

receiving the message. You should write 

as large as possible and start in the 

upper left for a ‘‘W’’ and finish in the 

upper right. Use the entire palm area for 

each letter. Use one stroke for both the 

letter ‘‘I’’ and the number ‘‘1’’. It will be 

obvious which you intend from the 

context of what you are spelling. When 

you finish a word, ‘‘wipe it off’’ using 

the palm of your hand. This action 

indicates that you have finished one 

word and you are beginning a new 

word. 

• Keep in mind that the SSR field of 

the PNR may contain information 

concerning a passenger with a hearing 

or hearing and vision impairment. 

Guiding an Individual With Both Visual 

and Hearing Impairments 

• Touch the person gently and offer 

your arm. Let the person take the back 

of your elbow near your body so that he 

or she can feel the change in gait as you 

approach different barriers and prepare 

for them. Do not take or grab the arm of 

a person with both hearing and vision 

impairments (particularly the arm with 

which the person is holding a cane or 

guide dog harness) and do not push him 

or her along. 

• If the person has a guide dog, go to 

the side opposite the service animal and 

offer your arm (usually the person’s 

right side). Remember that a person 

with both hearing and vision 

impairments cannot hear you. 

Therefore, you must convey information 

regarding obstacles, such as stairs, 

tactually. 

• Individuals with both hearing and 

vision impairments often have poor 

balance so it is helpful to offer a steady 

hand to aid in orientation. You must 

never leave an individual with both 

hearing and vision impairments in an 

open space. You should place his or her 

hand on a wall, post, railing, or 

whatever sturdy, stationary object that is 

available. 

Service Animals 

• Never pet or distract a service 

animal accompanying a person who has 

a disability unless the person 

specifically tells you it is all right to do 

so. 

• Do not separate passengers with 

hearing or hearing and vision 

impairments from their service animals 

unless the passenger specifically tells 

you it is all right to do so. 

Tips for Assisting Individuals With 

Mobility Disabilities 

Communication 

• If a person uses a term to describe 

a mobility disability that you are not 

familiar with or that you don’t 

understand, ask the person to tell you 

what he or she needs. If you need 

additional information, you should 

contact the CRO to discuss how best to 

proceed. 

• If individual safety briefings are 

required, conduct them discreetly with 

respect for the privacy of the person 

with a mobility disability. 

(§ 382.115(d)). 

• When having a long conversation 

with a person who is using a 

wheelchair, you should sit nearby so 

that you are closer to eye level. 

Wheelchairs, Mobility Aids, and Other 

Assistive Devices 

• Be aware of the types of 

wheelchairs and assistive devices used 

by people with mobility disabilities 

when traveling. You must be able to 

provide information to people about the 

different types of wheelchairs, services, 

and other equipment provided or 

accommodated by your carrier on the 

particular flight. 

• Understand the proper function and 

storage of the different types of 

wheelchairs, mobility aids, and assistive 

devices. Ask the person with the 

mobility disability the best way to 

handle the device. 

• Consider keeping information 

handy about businesses providing 

wheelchair repair in the area in case a 

person with a mobility disability needs 

the information. 

Assisting With Transfers and Movement 

Through Terminal 

• If you must transfer a person with 

a mobility disability from an aisle chair 

to a seat on the aircraft, or perform any 

other kind of transfer, explain the 

transfer procedures and listen to any 

instructions or preferences from the 

person before undertaking the transfer. 

• You must never physically handcarry a person with a mobility disability 

from the tarmac to the aircraft door 

(even if both of you are willing) except 

in an emergency evacuation situation. 

(§ 382.101). Note, however, that handcarrying a passenger and lifting a 

passenger from his or her wheelchair 

onto a boarding chair and from a 

boarding chair onto his or her aircraft 

seat are not synonymous. Carriers are 

required to transfer passengers into and 

out of aircraft seats for boarding, 

deplaning, and in-flight use of the 

lavatory. 

• When providing transportation 

between gates, ask the person with the 

mobility disability if he or she would 

prefer you to push the wheelchair. If the 

answer is ‘‘yes,’’ you should use 

elevators and avoid escalators and 

moving walkways. When maneuvering 

through the terminal, say, ‘‘Excuse us’’ 

rather than ‘‘Excuse me.’’ 

• Be aware that carriers are not 

permitted to charge passengers with 

disabilities for services or equipment 

required by Part 382. (§ 382.31). 

However, if a passenger with a disability 

voluntarily offers to tip you for 

providing a service, you should consult 

your carrier’s policy to determine 

whether you can accept the tip. 

Soliciting tips is prohibited. 

Service Animals 

• Never pet or distract a service 

animal accompanying a person who has 

a mobility disability unless the person 

specifically tells you it is all right to do 

so. 

• Do not separate passengers with a 

mobility disability from their service 

animals unless the passenger 

specifically tells you it is all right to do 

so. 

Tips for Assisting Individuals With 

Difficulty Speaking 

Communication 

• Ask the person how he or she 

prefers to communicate. 

• A pencil and paper may be okay for 

short conversations. 

• If you do not understand something 

that is said, tell the person that you do 

not understand and ask the person to 

repeat the statement. 


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23Proficient is defined as being well-advanced, 

adept, or skilled in a trade or profession. An 

employee who is trained to proficiency is one who 

provides services or accommodations to passengers 

in the right way, the first time. For more 

information see Answers to Frequently Asked 

Questions(FAQs) Concerning Air Travel of People 

with Disabilities Under the Amended Air Carrier 

Access Act Regulation (FAQs no. 60) issued by the 

DOT Office of Assistant General Counsel for 

Aviation Enforcement and Proceedings and its 

Aviation Consumer Protection Division (May 13, 

2009) at http://airconsumer.ost.dot.gov/ 

SA_Disability.htm. 

• Be patient. An individual with a 

speaking impairment may need extra 

time to communicate. 

• Allow the individual to speak 

without attempting to finish his or her 

sentence. 

• To obtain information quickly, you 

should ask short questions that require 

brief ‘‘yes’’ or ‘‘no’’ answers. 

• Do not shout. 

• You should remember that 

difficulty speaking does not indicate a 

lack of intelligence. 

Tips for Assisting People With 

Disabilities That Are Not Apparent 

Communication 

• Do not make assumptions about the 

needs of people if their behavior 

appears to be unusual to you. Cognitive 

disabilities may cause people to reason, 

draw conclusions, or respond more 

slowly. Individuals with cognitive 

disabilities may appear easily 

distracted. Depending upon the 

disability, the person may understand 

materials in written form or through a 

verbal explanation. They may also find 

the background noise of a busy airport 

terminal extremely distracting. 

• Disregard any speech impairments 

or physical tics by being patient and 

aware of your own body language and 

facial expressions that could convey 

your own discomfort. 

• If individual safety briefings are 

required, conduct them discreetly with 

respect for the privacy of the person 

with a disability that is not apparent. 

(§ 382.115(d)). Similarly, if you are 

concerned that an individual is not 

medically stable enough for air travel, 

conduct the inquiry in a discreet 

manner and involve the CRO, if 

necessary. 

• If a person with a disability that is 

not apparent uses a term to describe the 

disability that you are not familiar with 

or that you do not understand, ask the 

person to tell you what he or she needs. 

If you need additional information, you 

should contact the CRO to discuss how 

best to proceed. 

Emotional Support, Psychiatric Service, 

or Other Service Animals 

• Be aware that people who have 

disabilities that are not apparent may 

travel with emotional support, 

psychiatric service, or other service 

animals. 

• Never pet or distract a service 

animal accompanying a person with a 

disability that is not apparent unless the 

person specifically tells you it is all 

right to do so. 

• Do not separate passengers from 

their service, emotional support, or 

psychiatric service animals unless the 

passenger specifically tells you it is all 

right to do so. 

Chapter 8: Personnel Training 

A. U.S. and Foreign Carriers That Operate 

Aircraft With 19 or More Passenger Seats 

B. U.S. and Foreign Carriers That Operate 

Aircraft With Fewer Than 19 Passenger 

Seats 

C. Training Records 

A. U.S. and Foreign Carriers That 

Operate Aircraft With 19 or More 

Passenger Seats 

Thorough training of carrier personnel 

who interact with passengers with 

disabilities is vital to ensure good 

service to those passengers and required 

to comply with the Air Carrier Access 

Act (ACAA). (§ 382.141). As a U.S. or 

foreign carrier that operates aircraft with 

19 or more passenger seats, you must 

provide the training for all personnel 

who deal with the traveling public, as 

appropriate to the duties of each 

employee. (§ 382.141(a)). Foreign 

carriers must provide such training only 

in connection with flights that begin or 

end at a U.S. airport, as appropriate to 

the duties of each employee. 

(§ 382.143(b)). 

You also must ensure training to 

proficiency 23 on the following: 

• Part 382 requirements and other 

applicable Federal regulations affecting 

the provision of air travel to passengers 

with a disability; 

• Your procedures, consistent with 

Part 382, 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 

• 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. (§ 382.141(a)(1)(i) through 

(a)(1)(iii)). 

You also must train employees with 

respect to awareness and appropriate 

responses to passengers with a 

disability, including persons with 

physical, sensory, mental, and 

emotional disabilities, such as how to 

distinguish among the differing abilities 

of individuals with a disability. 

(§ 382.141(a)(2)). 

Individuals With Vision or Hearing 

Impairments 

You must train employees to 

recognize requests for communication 

accommodation from individuals with 

vision or hearing impairments and to 

use the most common methods for 

communicating with these individuals 

that are readily available, such as 

writing notes or taking care to enunciate 

clearly. However, training in sign 

language is not required. 

(§ 382.141(a)(3)). 

Passengers Who Are Both Deaf and 

Blind 

You must train employees to 

recognize requests for communication 

accommodation from passengers who 

are both deaf and blind and to use 

established means of communicating 

with these passengers when they are 

available, such as passing out Braille 

cards if you have them, reading an 

information sheet that a passenger 

provides, or communicating with a 

passenger through an interpreter. 

(§ 382.141(a)(3)). 

Refresher Training 

Refresher training is intended to assist 

employees in maintaining proficiency 

by reminding them of the ACAA 

requirements and carrier procedures for 

implementing these requirements. 

Complaints Resolution Officials (CROs) 

Employees performing the CRO 

function must receive annual refresher 

training concerning Part 382 and their 

duties. (§ 382.143(a)(1) for U.S. carriers 

and § 382.143(b)(1) for foreign carriers). 

Other Personnel Who Deal With the 

Traveling Public 

You must ensure that all personnel 

who are required by Part 382 to receive 

training receive refresher training on the 

matters covered by § 382.141(a), as 

appropriate to the duties of each 

employee, as needed to maintain 

proficiency. You must develop a 

program that will result in each such 

employee receiving refresher training at 

least once every 3 years. The program 

must describe how employee 

proficiency will be maintained. 

(§ 382.141(a)(5)). 

Contractors 

You must provide, or ensure that your 

contractors provide, training to your 

contractors’ employees concerning 


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travel by passengers with a disability. 

This training is required only for those 

contractor employees that you employ 

directly and whom deal directly with 

the traveling public or their assistive 

devices, and it must be tailored to the 

employees’ functions. (§ 382.141(a)(6)). 

In other words, you would not be 

responsible for ensuring the training of 

an airport employee or contractor who 

is not employed directly by your carrier. 

CROs 

You must train CROs on the 

requirements of Part 382 and the duties 

of CROs. (§ 382.141(a)(7)). CROs must be 

trained to be experts on all aspects of 

Part 382. See Chapter 6: Assisting Air 

Travelers with Disabilities with their 

Complaints for information on CROs 

and their duties under Part 382. As 

previously noted, you must provide 

annual refresher training to employees 

performing the CRO function. 

(§ 382.143(a)(1) for U.S. carriers and 

§ 382.143(b)(1) for foreign carriers). 

Consulting With Disability 

Organizations 

When developing your training 

programs you must consult with 

organizations representing persons with 

disabilities in your home country. If 

such organizations are not available in 

your home country, you may consult 

with individuals with disabilities and/ 

or international organizations 

representing individuals with 

disabilities. (§ 382.141(a)(4)). 

Personnel Employed on May 13, 2009 

You must have trained personnel 

employed on May 13, 2009, one time in 

the changes resulting from the 

amendment of Part 382, which was 

issued on that date. (§ 382.141(a)(8)). 

Training Schedule Summary 

Crewmembers 

You must provide training to your 

crewmembers that meets the 

requirements of § 382.141(a) before they 

assume their duties. (§ 382.143(a)(3) and 

(b)(3)). For U.S. carriers this 

requirement applies to crewmembers 

subject to the training requirements of 

14 CFR parts 121 or 135. You also must 

provide refresher training appropriate to 

the crewmember’s duties every 3 years. 

(§ 382.141(a)(5)). 

CROs 

You must provide training to your 

CROs concerning the requirements of 

Part 382 and the duties of a CRO before 

they assume their duties. You also must 

provide annual refresher training to 

your CROs. (§ 382.143(a)(1) and (b)(1)). 

Personnel Other Than Crewmembers or 

CROs 

You must provide training for other 

personnel, including contractors, that 

meets the requirements of § 382.141(a) 

within 60 days after the date they 

assume their duties. (§ 382.143(a)(4) and 

(b)(4)) You also must provide refresher 

training to such personnel appropriate 

to their duties every 3 years. 

(§ 382.141(a)(5)). 

Note: The Department of Transportation 

(DOT) has developed a Model Training 

Program on the ACAA and Part 382. You can 

view the training program module at http:// 

airconsumer.dot.gov/. 

B. U.S. and Foreign Carriers That 

Operate Aircraft With Fewer Than 19 

Passenger Seats 

Both U.S. and foreign carriers that 

operate aircraft with fewer than 19 

passenger seats must provide training 

for flight crewmembers and appropriate 

personnel to ensure they comply with 

Part 382 and are familiar with the 

following: 

• Part 382 requirements and other 

applicable Federal regulations affecting 

the provision of air travel to passengers 

with a disability; 

• Your procedures, consistent with 

Part 382, 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 

• 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. (§ 382.141(b)). 

You also must train employees with 

respect to awareness and appropriate 

responses to passengers with a 

disability, including persons with 

physical, sensory, mental, and 

emotional disabilities, such as how to 

distinguish among the differing abilities 

of individuals with a disability. 

(§ 382.141(b)). Although carriers 

operating only aircraft with fewer than 

19 passengers seats are not specifically 

required to designate or train a CRO, it 

would be a good idea to train one or 

more in-house experts on all of the 

requirements of Part 382, so that other 

employees within your carrier have a 

person to contact to discuss difficult or 

complex disability-related questions or 

situations. 

C. Training Records 

As a U.S. or foreign carrier that 

operates aircraft with 19 or more 

passenger seats, you must maintain 

records of the procedures you use to 

comply with Part 382, including those 

portions of manuals and other 

instructional materials concerning Part 

382 compliance, and individual 

employee training records. 

Specifically, as such a carrier, you 

must include procedures for 

implementing Part 382 requirements in 

the manuals, guidance, or instructional 

materials you provide to your personnel 

and contractors who provide service to 

passengers, including pilots, flight 

attendants, reservation and ticket 

counter personnel, gate agents, ramp 

and baggage handling personnel, and 

passenger service office personnel. 

Note: You do not need to submit these 

manuals, guidance, or instructional materials 

or a certification of compliance to DOT for 

review. However, you must retain these 

materials for DOT review if DOT requests to 

review them. (§ 382.145(a)). 

As a U.S. or foreign carrier, you also must 

retain individual employee training records 

for 3 years demonstrating that all persons 

required to receive initial and refresher 

training have done so. (§ 382.145(b)). 

Alphabetical Index—Part 382 Index 

PART 382 SECTION 

Subpart A—General Provisions 

382.1 What is the purpose of this Part? 

382.1 

382.3 What do the terms in this rule mean? 

382.3 

382.5 When are foreign carriers required to 

begin complying with the provisions of this 

Part? 

382.5 

382.7 To whom do the provisions of this 

Part apply? 

382.7 

382.7(a) 

382.7(b) 

382.7(c) 

382.7(d) 

382.7(e) 

382.7(f) 

382.7(g) 

382.9 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 

382.9(a) 

382.9(b) 

382.9(c) 

382.9(c)(1) 

382.9(c)(2) 

382.9(c)(3) 

382.9(d) 

382.9(e) 

382.9(e)(1) 

382.9(e)(2) 

382.9(e)(3) 

382.9(f) 


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382.9(g) 

382.10 How does a carrier obtain a 

determination that it is providing an 

equivalent alternative to passengers with 

disabilities? 

382.10 

382.10(a) 

382.10(b) 

382.10(c) 

382.10(c)(1) 

382.10(c)(2) 

382.10(d) 

382.10(e) 

382.10(f) 

382.10(f)(1) 

382.10(f)(2) 

Subpart B—Nondiscrimination and Access 

to Services 

382.11 What is the general 

nondiscrimination requirement of this Part? 

382.11 

382.11(a) 

382.11(a)(1) 

382.11(a)(2) 

382.11(a)(3) 

382.11(a)(4) 

382.11(b) 

382.13 Do carriers have to modify policies, 

practices, and facilities to ensure 

nondiscrimination? 

382.13 

382.13(a) 

382.13(b) 

382.13(c) 

382.15 Do carriers have to make sure that 

contractors comply with the requirements of 

this Part? 

382.15 

382.15(a) 

382.15(b) 

382.15(b)(1) 

382.15(b)(2) 

382.15(c) 

382.15(d) 

382.15(e) 

382.17 May carriers limit the number of 

passengers with a disability on a flight? 

382.17 

382.19 May carriers refuse to provide 

transportation on the basis of disability? 

382.19 

382.19(a) 

382.19(b) 

382.19(c) 

382.19(c)(1) 

382.19(c)(1)(i) 

382.19(c)(1)(ii) 

382.19(c)(1)(iii) 

382.19(c)(2) 

382.19(c)(3) 

382.19(c)(4) 

382.19(d) 

382.21 May carriers limit access to 

transportation on the basis that a passenger 

has a communicable disease or other 

medical condition? 

382.21 

382.21(a) 

382.21(a)(1) 

382.21(a)(2) 

382.21(a)(3) 

382.21(a)(4) 

382.21(b) 

382.21(b)(1) 

382.21(b)(2) 

382.21(c) 

382.21(d) 

382.21(e) 

382.23 May carriers require a passenger 

with a disability to provide a medical 

certificate? 

382.23 

382.23(a) 

382.23(b) 

382.23(b)(1) 

382.23(b)(1)(i) 

382.23(b)(1)(ii) 

382.23(b)(1)(iii) 

382.23(b)(2) 

382.23(b)(3) 

382.23(c) 

382.23(c)(1) 

382.23(c)(2) 

382.23(d) 

382.25 May a carrier require a passenger 

with a disability to provide advance notice 

that he or she is traveling on a flight? 

382.25 

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? 

382.27 

382.27(a) 

382.27(b) 

382.27(c) 

382.27(c)(1) 

382.27(c)(2) 

382.27(c)(3) 

382.27(c)(4) 

382.27(c)(5) 

382.27(c)(6) 

382.27(c)(7) 

382.27(c)(8) 

382.27(c)(9) 

382.27(c)(10) 

382.27(d) 

382.27(e) 

382.27(f) 

382.27(g) 

382.29 May a carrier require a passenger 

with a disability to travel with a safety 

assistant? 

382.29 

382.29(a) 

382.29(b) 

382.29(b)(1) 

382.29(b)(2) 

382.29(b)(3) 

382.29(b)(4) 

382.29(c) 

382.29(c)(1) 

382.29(c)(2) 

382.29(c)(2)(i) 

382.29(c)(2)(ii) 

382.29(c)(3) 

382.29(d) 

382.29(e) 

382.29(f) 

382.31 May carriers impose special 

charges on passengers with a disability for 

providing services and accommodations 

required by this rule? 

382.31 

382.31(a) 

382.31(b) 

382.31(c) 

382.33 May carriers impose other 

restrictions on passengers with a disability 

that they do not impose on other passengers? 

382.33 

382.33(a) 

382.33(b) 

382.33(b)(1) 

382.33(b)(2) 

382.33(b)(3) 

382.33(b)(4) 

382.33(b)(5) 

382.35 May carriers require passengers 

with a disability to sign waivers or releases? 

382.35 

382.35(a) 

382.35(b) 

Subpart C—Information for Passengers 

382.41 What flight-related information 

must carriers provide to qualified 

individuals with a disability? 

382.41 

382.41(a) 

382.41(b) 

382.41(c) 

382.41(d) 

382.41(e) 

382.41(f) 

382.43 Must information and reservation 

services of carriers be accessible to 

individuals with hearing impairments? 

382.43 

382.43(a) 

382.43(a)(1) 

382.43(a)(2) 

382.43(a)(3) 

382.43(a)(4) 

382.43(a)(5) 

382.43(b) 

382.45 Must carriers make copies of this 

Part available to passengers? 

382.45 

382.45(a) 

382.45(b) 

382.45(b)(1) 

382.45(b)(2) 

382.45(b)(3) 

382.45(b)(4) 

Subpart D—Accessibility of Airport 

Facilities 

382.51 What requirements must carriers 

meet concerning the accessibility of airport 

facilities? 

382.51 

382.51(a) 

382.51(a)(1) 

382.51(a)(2) 

382.51(a)(3) 

382.51(a)(4) 

382.51(a)(5) 

382.51(a)(6) 

382.51(a)(7) 


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382.51(a)(8) 

382.51(b) 

382.51(b)(1) 

382.51(b)(2) 

382.51(c) 

382.53 What must carriers give individuals 

with a vision or hearing impairment at 

airports? 

382.53 

382.53(a) 

382.53(a)(1) 

382.53(a)(2) 

382.53(a)(3) 

382.53(b) 

382.53(c) 

382.55 May carriers impose security 

screening procedures for passengers with 

disabilities that go beyond TSA requirements 

or those of foreign governments? 

382.55 

382.55(a) 

382.55(b) 

382.55(b)(1) 

382.55(b)(2) 

382.55(b)(2)(i) 

382.55(b)(2)(ii) 

382.55(b)(3) 

382.55(c) 

382.55(d) 

382.57 What services must carriers provide 

if their automated kiosks are inaccessible? 

382.57 

Subpart E—Accessibility of Aircraft 

382.61 What are the requirements for 

movable aisle armrests? 

382.61 

382.61(a) 

382.61(b) 

382.61(c) 

382.61(d) 

382.61(e) 

382.61(f) 

382.61(g) 

382.63 What are the requirements for 

accessible lavatories? 

382.63 

382.63(a) 

382.63(a)(1) 

382.63(a)(2) 

382.63(a)(3) 

382.63(b) 

382.63(c) 

382.63(d) 

382.63(e) 

382.65 What are the requirements 

concerning on-board wheelchairs? 

382.65 

382.65(a) 

382.65(b) 

382.65(b)(1) 

382.65(b)(2) 

382.65(c) 

382.65(c)(1) 

382.65(c)(2) 

382.65(d) 

382.67 What is the requirement for priority 

space in the cabin to store passenger 

wheelchairs? 

382.67 

382.67(a) 

382.67(b) 

382.67(c) 

382.69 What requirements must carriers 

meet concerning the accessibility of videos, 

DVDs, and other audio-visual presentations 

shown on aircraft to individuals who are 

deaf or hard of hearing? 

382.69 

382.69(a) 

382.69(b) 

382.69(c) 

382.69(d) 

382.71 What other aircraft accessibility 

requirements apply to carriers? 

382.71 

382.71(a) 

382.71(b) 

Subpart F—Seating Accommodations 

382.81 For which passengers must carriers 

make seating accommodations? 

382.81 

382.81(a) 

382.81(b) 

382.81(b)(1) 

382.81(b)(2) 

382.81(b)(3) 

382.81(b)(4) 

382.81(c) 

382.81(d) 

382.83 Through what mechanisms do 

carriers make seating accommodations? 

382.83 

382.83(a) 

382.83(a)(1) 

382.83(a)(1)(i) 

382.83(a)(1)(ii) 

382.83(a)(1)(iii) 

382.83(a)(2) 

382.83(a)(2)(i) 

382.83(a)(2)(ii) 

382.83(a)(2)(iii) 

382.83(a)(2)(iv) 

382.83(b) 

382.83(c) 

382.83(d) 

382.85 What seating accommodations must 

carriers make to passengers in 

circumstances not covered by 382.81(a)–(d)? 

382.85 

382.85(a) 

382.85(a)(1) 

382.85(a)(1)(i) 

382.85(a)(1)(ii) 

382.85(a)(2) 

382.85(a)(2)(i) 

382.85(a)(2)(ii) 

382.85(b) 

382.85(c) 

382.87 What other requirements pertain to 

seating for passengers with a disability? 

382.87 

382.87(a) 

382.87(b) 

382.87(c) 

382.87(d) 

382.87(e) 

382.87(f) 

Subpart G—Boarding, Deplaning, and 

Connecting Assistance 

382.91 What assistance must carriers 

provide to passengers with a disability in 

moving within the terminal? 

382.91 

382.91(a) 

382.91(b) 

382.91(b)(1) 

382.91(b)(2) 

382.91(c) 

382.91(d) 

382.93 Must carriers offer preboarding to 

passengers with a disability? 

382.93 

382.95 What are carriers’ general 

obligations with respect to boarding and 

deplaning assistance? 

382.95 

382.95(a) 

382.95(b) 

382.97 To which aircraft does the 

requirement to provide boarding and 

deplaning assistance through the use of lifts 

apply? 

382.97 

382.97(a) 

382.97(b) 

382.97(c) 

382.97(c)(1) 

382.97(c)(2) 

382.99 What agreements must carriers 

have with the airports they serve? 

382.99 

382.99(a) 

382.99(b) 

382.99(c) 

382.99(d) 

382.99(e) 

382.99(f) 

382.99(g) 

382.101 What other boarding and 

deplaning assistance must carriers provide? 

382.101 

382.101(a) 

382.101(b) 

382.101(c) 

382.101(d) 

382.101(e) 

382.103 May a carrier leave a passenger 

unattended in a wheelchair or other device? 

382.103 

382.105 What is the responsibility of 

carriers at foreign airports at which airport 

operators have responsibility for enplaning, 

deplaning, and connecting assistance? 

382.105 

Subpart H—Services on Aircraft 

382.111 What services must carriers 

provide to passengers with a disability on 

board the aircraft? 

382.111 

382.111(a) 

382.111(b) 

382.111(c) 

382.111(d) 

382.111(e) 

382.111(f) 


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382.113 What services are carriers not 

required to provide to passengers with a 

disability on board the aircraft? 

382.113 

382.113(a) 

382.113(b) 

382.113(c) 

382.115 What requirements apply to 

onboard safety briefings? 

382.115 

382.115(a) 

382.115(b) 

382.115(c) 

382.115(d) 

382.115(e) 

382.117 Must carriers permit passengers 

with a disability to travel with service 

animals? 

382.117 

382.117(a) 

382.117(a)(1) 

382.117(a)(2) 

382.117(b) 

382.117(c) 

382.117(d) 

382.117(e) 

382.117(e)(1) 

382.117(e)(2) 

382.117(e)(3) 

382.117(e)(4) 

382.117(f) 

382.117(g) 

382.117(h) 

382.117(i) 

382.119 What information must carriers 

give individuals with vision or hearing 

impairment on aircraft? 

382.119 

382.119(a) 

382.119(b) 

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? 

382.121 

382.121(a) 

382.121(a)(1) 

382.121(a)(2) 

382.121(a)(3) 

382.121(b) 

382.123 What are the requirements 

concerning priority cabin stowage space for 

wheelchairs and other assistive devices? 

382.123 

382.123(a) 

382.123(a)(1) 

382.123(a)(2) 

382.123(a)(3) 

382.123(b) 

382.123(c) 

382.125 What procedures do carriers 

follow when wheelchairs, other mobility 

aids, and other assistive devices must be 

stowed in the cargo compartment? 

382.125 

382.125(a) 

382.125(b) 

382.125(c) 

382.125(c)(1) 

382.125(c)(2) 

382.125(d) 

382.127 What procedures apply to stowage 

of battery-powered mobility aids? 

382.127 

382.127(a) 

382.127(b) 

382.127(c) 

382.127(d) 

382.127(e) 

382.127(f) 

382.129 What other requirements apply 

when passengers’ wheelchairs, other 

mobility aids, and other assistive devices 

must be disassembled for stowage? 

382.129 

382.129(a) 

382.129(b) 

382.131 Do baggage liability limits apply to 

mobility aids and other assistive devices? 

382.131 

382.133 What are the requirements 

concerning the evaluation and use of 

passenger-supplied electronic devices that 

assist passengers with respiration in the 

cabin during flight? 

382.133 

382.133(a) 

382.133(a)(1) 

382.133(a)(2) 

382.133(b) 

382.133(b)(1) 

382.133(b)(2) 

382.133(b)(3) 

382.133(c) 

382.133(c)(1) 

382.133(c)(2) 

382.133(c)(3) 

382.133(c)(4) 

382.133(c)(5) 

382.133(c)(6) 

382.133(d) 

382.133(d)(1) 

382.133(d)(2) 

382.133(d)(3) 

382.133(d)(4) 

382.133(d)(5) 

382.133(d)(6) 

382.133(d)(7) 

382.133(e) 

382.133(f) 

382.133(f)(1) 

382.133(f)(2) 

382.133(f)(3) 

Subpart J—Training and Administrative 

Provisions 

382.141 What training are carriers 

required to provide for their personnel? 

382.141 

382.141(a) 

382.141(a)(1) 

382.141(a)(1)(i) 

382.141(a)(1)(ii) 

382.141(a)(1)(iii) 

382.141(a)(2) 

382.141(a)(3) 

382.141(a)(4) 

382.141(a)(5) 

382.141(a)(6) 

382.141(a)(7) 

382.141(a)(8) 

382.141(b) 

382.143 When must carriers complete 

training for their personnel? 

382.143 

382.143(a) 

382.143(a)(1) 

382.143(a)(2) 

382.143(a)(3) 

382.143(a)(4) 

382.143(b) 

382.143(b)(1) 

382.143(b)(2) 

382.143(b)(3) 

382.143(b)(4) 

382.143(b)(5) 

382.145 What records concerning training 

must carriers retain? 

382.145 

382.145(a) 

382.145(b) 

Subpart K—Complaints and Enforcement 

Procedures 

382.151 What are the requirements for 

providing Complaints Resolution Officials? 

382.151 

382.151(a) 

382.151(b) 

382.151(c) 

382.151(c)(1) 

382.151(c)(2) 

382.151(d) 

382.151(e) 

382.153 What actions do CROs take on 

complaints? 

382.153 

382.153(a) 

382.153(b) 

382.153(c) 

382.153(d) 

382.155 How must carriers respond to 

written complaints? 

382.155 

382.155(a) 

382.155(b) 

382.155(c) 

382.155(d) 

382.155(d)(1) 

382.155(d)(2) 

382.155(d)(3) 

382.157 What are carriers’ obligations for 

recordkeeping and reporting on disabilityrelated complaints? 

382.157 

382.157(a) 

382.157(b) 

382.157(c) 

382.157(d) 

382.157(e) 

382.157(f) 

382.157(f)(1) 

382.157(f)(1)(i) 

382.157(f)(1)(ii) 

382.157(f)(1)(iii) 

382.157(f)(2) 

382.157(g) 

382.157(h) 

382.159 How are complaints filed with 

DOT? 

382.159 


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382.159(a) 

382.159(a)(1) 

382.159(a)(2) 

382.159(b) 

382.159(c) 

Appendix A—Disability Complaint 

Reporting Form 

Appendix B—Cross Reference Table 

Appendix I Table of Effective Dates 

Section Subject Applicable to . . . Compliance date 

382.43 ..................... Information and reservation services ... Foreign carriers .................................... May 13, 2010. 

382.51 ..................... Accessibility of airport facilities ............ Foreign carriers .................................... May 13, 2010. 

382.51(b) ................. Accessibility of airport facilities at a foreign airport.U.S. carriers ......................................... May 13, 2010. 

382.61(a) through 

(d).

Movable aisle armrests ........................ Foreign carriers .................................... May 13, 2009 (for new aircraft initially 

ordered after this date). 

............................................................... ............................................................... May 13, 2010 (for new aircraft delivered after this date). 

382.61(e) ................. ............................................................... ............................................................... May 13, 2009 (for seats ordered after 

this date). 

382.61 (a), (b), (d) 

and (e).

............................................................... U.S. carriers ......................................... May 13, 2009 (for new aircraft initially 

ordered after April 5, 1990, or delivered after April 5, 1992). 

382.61(c) ................. ............................................................... ............................................................... May 13, 2009 (for new aircraft initially 

ordered after this date). 

............................................................... ............................................................... May 13, 2010 (for new aircraft delivered after this date). 

382.63(a) ................. Accessible lavatories ............................ Foreign carriers .................................... May 13, 2009 (for new aircraft initially 

ordered after this date). 

May 13, 2010 (for new aircraft delivered after this date). 

U.S. carriers ......................................... May 13, 2009 (for new aircraft initially 

ordered after April 5, 1990, or delivered after April 5, 1992). 

382.63(c) ................. Accessible lavatories retrofit ................ Foreign carriers .................................... May 13, 2009. 

U.S. carriers ......................................... May 13, 2009 (for new aircraft initially 

ordered after April 5, 1990, or delivered after April 5, 1992. 

382.65(d) ................. On-board wheelchairs .......................... Foreign carriers .................................... May 13, 2010. 

U.S. carriers ......................................... May 13, 2009. 

382.67(a) ................. Priority space to store passengers’ 

wheelchairs in the cabin.

Foreign carriers .................................... May 13, 2009 (for new aircraft initially 

ordered after this date). 

May 13, 2010 (for new aircraft delivered after this date). 

U.S. carriers ......................................... May 13, 2009 (for new aircraft initially 

ordered after April 5, 1990, or delivered after April 5, 1992). 

382.69(a) ................. Informational displays .......................... Foreign carriers ....................................

U.S. carriers .........................................

January 8, 2010. 

Audio-visual displays used for safety 

purposes.

Foreign carriers ....................................

U.S. carriers .........................................

November 10, 2009. 

382.69(c) ................. Videos, DVDs, and other audio visual 

displays used for safety purposes 

with open captioning or inset for sign 

language interpreter.

U.S. carriers ......................................... Between May 13, 2009, 

and November 9, 2009. 

382.99 ..................... Airport agreements ............................... Foreign carriers .................................... May 13, 2011. 

382.143(a) ............... CRO Training and Changes to Part 

382.

U.S. carriers—CROs ............................ May 13, 2009 (one time training for 

CROs about Part 382 changes). 

Changes to Part 382 ............................ U.S. carriers—Existing employees ...... No later than the next scheduled recurrent training after May 13, 2009, 

or within 1 year after May 13, 2009, 

whichever comes first. 

U.S. carriers—Part 121 or Part 135 

crewmembers whose employment 

as a crewmember begins after May 

13, 2009.

Before they assume their duties. 

U.S. carriers—Other personnel whose 

employment begins after May 13, 

2009.

Within 60 days after the date on which 

they assume their duties. 

382.143(b)(1) .......... Training for personnel dealing with the 

traveling public.

Foreign carriers that operate aircraft with 19 or more passenger seats on flights 

that begin or end at a U.S. airport. 

CROs .................................................... May 13, 2009. 

Crewmember and other personnel who 

are employed on May 13, 2009.

Within 1 year of May 13, 2009. 


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24A mainline flight is a flight operated by an 

airline’s main operating unit, rather than by 

regional alliances, regional codeshares, or regional 

subsidiaries. 

25Code-sharing is a marketing arrangement in 

which an air carrier places its designator code on 

a flight operated by another air carrier and sells 

tickets for that flight. 

Section Subject Applicable to . . . Compliance date 

Crewmember and other personnel 

whose employment begins after May 

13, 2009.

Before they assume their duties. 

Other personnel whose employment 

begins after May 13, 2010.

Within 60 days after the date on which 

they assume their duties. 

Crewmembers and other personnel 

whose employment begins after May 

13, 2009, but before May 13, 2010.

By May 13, 2010 or a date 60 days 

after the date of their employment 

whichever is later. 

Appendix II Tips for Air Travelers with 

Disabilities 

Tips for Air Travelers With Disabilities 

There are some commonly used 

accommodations, facilities, and services that 

carriers are required to make available to 

passengers with disabilities. This Appendix 

provides a list of tips and general guidelines 

for air travelers with disabilities regarding 

these commonly used accommodations, 

facilities, and services. Therefore, the ‘‘you’’ 

referred to in this appendix is an air traveler 

with a disability. 

Ask Questions and Provide Instructions 

Aircraft Accessibility 

Know what to ask carrier personnel. Be 

clear and specific. You can ask for, and 

carrier personnel must be able to provide, the 

following information on the accessibility of 

the specific aircraft the carrier expects to use 

for your flight: 

• The specific location of seats, if any, 

with movable armrests (by row and seat 

number); 

• The specific location of seats the carrier 

does not make available to passengers with 

a disability (for example, exit row seats); 

• Any aircraft-related, service-related or 

other limitations on the carrier’s ability to 

accommodate passengers with a disability 

including limitations on the availability of 

level-entry boarding at any airport involved 

with the flight. Carriers 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; 

• Any limitations on the availability of 

storage facilities in the cabin or cargo 

compartment for mobility aids or other 

assistive devices, including the storage of a 

passenger’s manual folding wheelchair in the 

cabin as provided for in §§ 382.67 and 

382.123; 

• Whether the aircraft has an accessible 

lavatory; and 

• The types of services to passengers with 

a disability that are not available on the 

flight. (§ 382.41). 

Passengers with a disability should be aware 

that circumstances could affect the accuracy 

of information provided at the time they 

make a reservation. For example, a carrier 

may use a different aircraft for a flight 

because of mechanical problems. 

Advance Notice 

Generally, passengers with a disability are 

not required to provide advance notice that 

they will be traveling on a flight. However, 

it is best to provide detailed information 

about the accommodations you need in 

advance of travel to assist carrier personnel 

in providing accommodations in a correct 

and timely manner. 

In addition, there are some 

accommodations that passengers with a 

disability may need or want that carriers may 

reasonably require time to arrange. For 

certain accommodations or services, carriers 

may legally require advance notice and 

passengers with a disability to check in 

before the general public. Carriers may 

require that a passenger with a disability 

provide 48 hours’ advance notice and checkin 1 hour before the check-in time for the 

general public to receive the following 

services and accommodations, some of which 

are required and some of which are optional: 

Required Services 

• Transportation of an electric wheelchair 

on an aircraft with fewer than 60 passenger 

seats; 

• Accommodation of 10 or more 

passengers with a disability who make 

reservations and travel as a group; 

• Use of passenger-supplied ventilator, 

respirator, continuous positive airway 

pressure (CPAP) machine, or Federal 

Aviation Administration (FAA)-approved 

portable oxygen concentrator (POC); 

• Transportation of an emotional support 

or psychiatric service animal in the cabin; 

• Transportation of any service animal on 

a flight segment scheduled to take 8 or more 

hours; 

• Provision of hazardous materials 

packaging for batteries or other assistive 

devices that are required to have such 

packaging; 

• Provision of an on-board wheelchair on 

an aircraft with more than 60 passenger seats 

that does not have an accessible lavatory; and 

• Accommodation of a passenger with 

both severe vision and hearing impairments. 

Optional Services 

• Carriage of an incubator; 

• Hook-up for a respirator, ventilator, 

CPAP machine or POC to the aircraft’s 

electrical supply; 

• Accommodation for a passenger 

traveling in a stretcher; and 

• Carrier-supplied supplemental oxygen 

(for international flights, carriers may require 

72 hours’ advance notice and check in 1 hour 

before the check-in time for the general 

public). 

(§ 382.27). 

Trips Involving Multiple Carriers 

If you are making a connection, you may 

want to investigate whether your trip 

involves more than one carrier. If so, contact 

each carrier to determine whether it is able 

to accommodate your needs fully. Keep in 

mind that carriers may provide optional 

accommodations on mainline flights 24 only 

and not on the flights operated by their 

smaller codeshare 25 affiliates. For example, 

some carriers do not provide medical oxygen 

on board the aircraft. Do not assume that by 

communicating with the carrier for the first 

flight segment of your trip, other carriers 

handling the rest of your trip are fully briefed 

and able to accommodate your requests. 

Similarly, when booking reservations online, 

be aware that many carriers have their 

policies posted on their Web sites. You may 

also want to consider contacting each carrier 

by telephone to verify the carrier’s individual 

policies and to provide and receive specific 

information to ensure your needs are met for 

each flight segment of your trip. 

Provide Information 

Although you are generally not required to 

(1) self-identify as a passenger with a 

disability or (2) accept services offered by 

carrier personnel that are not needed to 

accommodate your disability, most carriers 

assume that assistance is not needed unless 

requested. Therefore, it is incumbent upon 

you to notify carrier personnel of your desire 

for assistance. In addition, self-identifying as 

needing assistance and providing specific 

guidance to carrier personnel as to the 

assistance requested allows carrier personnel 

to assist you better. For example, if you need 

assistance with transportation from the ticket 

counter (check-in) to the gate area (boarding), 

it would be best to notify the carrier of such 

request before arriving at the airport and to 

self-identify as requiring such assistance to 

carrier personnel once you have arrived at 

the airport. In addition, clear instructions to 

carrier personnel, such as your need for 

assistance from the ticket counter to the gate 

but your ability to walk the short distance 

from the gate to your aircraft seat, will help 

the carrier ensure that you obtain the 

assistance you need. Finally, if you use a 

personal wheelchair, you may want to ask 

carrier personnel to remove footrests (if 

possible) and other removable parts and to 

stow them in the cabin to reduce the 

potential for damage to the wheelchair while 

it is stowed in the cabin or in the cargo 

compartment. 


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26Southwest Airlines has been granted an 

equivalent alternative determination permitting it to 

preboard passengers requiring boarding assistance, 

seating accommodations, or stowage space for an 

assistive device before all other passengers, and 

allowing it to board passengers who simply need 

extra time to walk to their seats to board after its 

first boarding group but before all other passengers. 

(§ 382.10). 

Boarding Assistance 

When communicating to carrier personnel 

about your need for boarding assistance, be 

as specific as possible about the type or level 

of boarding assistance you require. For 

example, if you are completely immobile, ask 

carrier personnel to provide a wheelchair to 

transport you to and from the gate, a lift (if 

necessary), and assistance transferring from 

an aisle chair to a seat. If you are able to walk 

short distances, but cannot walk up and 

down stairs, ask carrier personnel to provide 

a wheelchair for longer distances to and from 

the aircraft and a lift (if necessary). If you can 

walk up and down stairs and can walk 

shorter distances but have difficulty walking 

longer distances, ask carrier personnel to 

provide a wheelchair or electric cart for 

longer distances to and from the aircraft. 

Carrier personnel are not permitted to 

physically hand-carry a passenger with a 

disability on or off an aircraft, except in the 

case of an emergency evacuation. (§ 382.101). 

(Note the regulations do not prohibit carrier 

personnel from transferring a passenger from 

an aisle chair into his or her aircraft seat.) 

Keep in mind that if none of the options for 

boarding a particular flight is acceptable to 

you, you may have to wait for another flight 

or alter your travel plans. 

Carrying Assistive Devices On Board the 

Aircraft 

Carriers recommend that you carry on 

board the aircraft medicine or other assistive 

devices, such as syringes, that you may need 

in the case of a flight cancellation or a missed 

flight. At times, passengers can be separated 

unexpectedly from checked baggage. If you 

decide to carry medication or other assistive 

devices with you on board, the carrier must 

not count these items toward your carry-on 

baggage limit. (§ 382.121(b)). While not 

specifically required, it is recommended that 

a carrier permit you to keep your assistive 

device near you on board when it does not 

interfere with carry-on baggage safety 

requirements. 

Carry Information and Useful Documentation 

Bring photocopies of instructions about the 

assembly and disassembly of wheelchairs 

and other assistive devices when you travel. 

You can provide this information to carrier 

personnel who stow or check your 

wheelchair or assistive device. It may also be 

a good idea to attach a laminated set of brief 

instructions to your wheelchair or assistive 

device in the event that it is disassembled or 

reassembled in a secure area to which you do 

not have access. 

Traveling with photocopies of receipts, 

warranties, or other product information 

concerning a wheelchair or assistive device 

may be useful if the item is lost or damaged 

in transit. This information might help with 

locating a repair option or processing a claim 

for liability against the carrier responsible for 

the loss or damage. 

Individual Safety Briefings 

You may require an individual safety 

briefing if your disability prevents you from 

understanding the safety briefing or if 

otherwise required by applicable safety rules. 

Carriers should provide the safety briefing in 

a manner accessible to you and as 

inconspicuously and discreetly as possible. 

(§ 382.115). Keep in mind that you may need 

to provide information to carrier personnel to 

ensure that the individual safety briefing is 

accessible to you. 

Required Services on the Aircraft 

Carriers must provide the following 

services within the aircraft cabin as requested 

by or on behalf of a passenger with a 

disability, or when offered by carrier 

personnel and accepted by a passenger with 

a disability: 

• Assistance moving to and from seats, as 

part of boarding and deplaning; 

• Assistance in preparation for eating, 

such as opening packages and identifying 

food; 

• If there is an on-board wheelchair on the 

aircraft, assistance with the use of the onboard wheelchair to enable the person to 

move to and from a lavatory (this requires 

airline in-flight personnel to transfer 

passengers, on request, from an aircraft seat 

into an aisle wheelchair in most instances); 

• Assistance to a semi-ambulatory person 

in moving to and from the lavatory, without 

lifting or carrying the person; 

• Assistance in stowing and retrieving 

carry-on items, including mobility aids and 

other assistive devices stowed in the cabin 

(see also (§ 382.91(d)). To receive such 

assistance, a passenger must self-identify as 

being an individual with a disability needing 

the assistance; and 

• Effective communication with 

passengers who have vision impairments 

and/or who are deaf or hard-of-hearing, so 

that these passengers have timely access to 

information the carrier provides to other 

passengers (for example, information about 

weather, on-board services, flight delays, and 

connecting gates at the next airport). 

(§ 382.111). 

Limitations on Services On Board the Aircraft 

Carrier personnel are prohibited from 

physically hand-carrying you on or off an 

aircraft except in an emergency evacuation. 

(§ 382.101). Additionally, carrier personnel 

are not required to provide extensive special 

assistance to you. For example, carrier 

personnel are not required to—— 

• Provide you with medical services, 

• Assist you in actual eating, 

• Assist you within the restroom, or 

• Assist you with elimination functions at 

your seat. (§ 382.113). 

Preboarding as an Option 

Carriers must offer preboarding to 

passengers with a disability who self-identify 

at the gate as needing additional time or 

assistance to board, stow accessibility 

equipment, or be seated. (§ 382.93). Although 

you are not required to preboard, taking 

advantage of this opportunity may assist you 

in securing a suitable seating accommodation 

when a carrier does not provide advance seat 

assignments. In this situation, you may preboard before all other passengers and select 

a seat that best meets your needs.26

Preboarding may also allow you to secure 

priority storage space for your wheelchair or 

assistive device or allow easier access to 

overhead compartments if you are stowing 

your assistive device or parts of your 

wheelchair onboard the aircraft. 

Safety Always Considered 

You should keep in mind that carriers are 

obligated to take the safety of all passengers 

into consideration when making decisions 

about accommodations for passengers with 

disabilities. At times, safety requires placing 

certain limitations on accommodations. For 

example, a service animal cannot block the 

aisle or an exit. 

Seating Assignments 

When requesting a particular seat 

assignment, you should be as specific as 

possible about the type of seat that will meet 

your needs as a passenger with a disability. 

This information will help carrier personnel 

provide you with the most appropriate 

seating accommodations. For example, 

instead of asking for an ‘‘accessible’’ seat, it 

is more helpful to provide some details about 

your specific needs, such as a bulkhead seat 

or an aisle seat with a movable armrest. In 

addition, carriers may request enough 

information about the nature of your 

disability to determine if you are entitled to 

a particular seating accommodation if you 

have not initially self-identified as having a 

condition qualifying you for a disabilityrelated seating accommodation. For example, 

a carrier may ask if you require an aisle chair 

to board if you have requested a seat in a row 

with a movable armrest. 

You should be aware that some carriers 

have begun charging an extra fee for 

occupying certain seats. Such fees are 

generally not prohibited, if the carrier fully 

complies with the Part 382 seating 

requirements at no added cost to a qualified 

individual with a disability. For more 

information on this topic, see Chapter 5, 

Section B, Seating Assignments and 

Accommodations. 

Service Animals 

Generally, advance notice is not required 

from passengers with a disability traveling 

with a service animal on flights of less than 

8 hours, other than an emotional support or 

psychiatric service animal. However, to 

guarantee your seat assignment, depending 

on whether the carrier provides advance seat 

assignments and the type of seating method 

it uses, the carrier may have a policy 

requiring passengers with a service animal to: 

• Request a particular seat assignment no 

later than 24 hours in advance of the 

scheduled departure of the flight, and 

• Check in at least 1 hour before the 

standard check-in time for the flight. 

Carriers are obligated to make a good faith 

effort to accommodate you and your service 

animal regardless of whether you comply 

with the carrier’s advance seat assignment 


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27 Your carrier may, at its discretion, accept from 

the passenger with a disability documentation from 

his or her licensed mental health professional that 

is more than 1 year old. The DOT encourages 

carriers to consider accepting ‘‘outdated’’ 

documentation in situations where such passenger 

provides a letter or notice of cancellation or other 

written communication indicating the termination 

of health insurance coverage, and his/her inability 

to afford treatment for his or her mental or 

emotional disability. 

28Referenced in the Diagnostic and Statistical 

Manual of Mental Disorders—Fourth Edition (DSM 

IV). 

policy and/or advance check-in requirement. 

If you are traveling with a service animal, 

you may request, and the carrier must 

provide, a bulkhead seat or a seat other than 

a bulkhead seat that accommodates your 

needs if the seating accommodation exists on 

the aircraft. (§ 382.81(c)). 

In addition, if you are traveling with an 

emotional support or psychiatric service 

animal in the aircraft cabin or with any type 

of service animal on a flight segment 

scheduled to take 8 hours or more, the carrier 

may require you to provide 48 hours’ 

advance notice and to check in 1 hour before 

the check in time for the other passengers. 

(§ 382.27(c)(8)(9)). You should be aware that 

foreign carriers are not required to carry 

service animals other than dogs (except as 

noted in § 382.7(c) for codeshare flights with 

a U.S. carrier.). 

Keep in mind that requesting your seat 

assignment well in advance of the flight may 

permit you to secure the specific seat 

assignment you would like with the least 

amount of waiting, inconvenience, or stress 

to you. 

Documentation for Emotional Support or 

Psychiatric Service Animals 

Carriers also may require that passengers 

traveling with emotional support or 

psychiatric service animals present current 

documentation (that is, no older than 1 year 

from the date of the passenger’s scheduled 

initial flight)27 on the letterhead of a licensed 

mental-health professional, including a 

medical doctor, specifically treating the 

passenger’s mental or emotional disability 

stating— 

• The passenger has a recognized mental 

or emotional disability;28

• The passenger needs the service animal 

as an accommodation for air travel and/or 

activity at the passenger’s destination; 

• The provider of the letter is a licensed 

mental-health professional and the passenger 

is under the individual’s professional care; 

and 

• The date and type of mental health 

professional’s license and the state or other 

jurisdiction in which the license was issued. 

(§ 382.117(e)(1) through (e)(4)). 

For more information on traveling with 

service animals see Chapter 3: Assisting Air 

Travelers With Disabilities Planning a Trip, 

Section D, Service Animals and Appendix III 

Guidance Concerning Service Animals. 

Familiarize Yourself With the Law 

Knowledge of the Air Carrier Access Act 

(ACAA) and its implementing regulations (14 

CFR part 382) is important so that you 

understand your rights and responsibilities, 

are able to ask the right questions, and share 

the most useful information with carriers. 

Some passengers with disabilities bring a 

copy of the regulations with them when they 

travel to have the primary resource readily 

available. Carriers must maintain a copy of 

Part 382 at each airport they serve and make 

the copy available for review upon request. 

(§ 382.45). 

Passenger Complaints 

Be aware that if you have a disabilityrelated complaint or concern and carrier 

personnel do not immediately resolve the 

issue or provide the accommodation, the 

carrier must make a Complaints Resolution 

Official (CRO) available to you. This 

requirement applies to carriers providing 

scheduled service or nonscheduled service 

using aircraft with 19 or more passenger 

seats. A U.S. carrier must make a CRO 

available at each airport it serves during all 

times it is operating at that airport. Foreign 

carriers must make a CRO available at each 

airport serving flights that begin or end at a 

U.S. airport. (§ 382.151(b)). The CRO can be 

made available in person or by telephone, 

and must be provided at no cost to the 

passenger. 

If you have a hearing impairment, the 

carrier must permit you to communicate with 

a CRO using a Text Telephone (TTY) or a 

similarly effective technology. Furthermore, 

the carrier must make the CRO service 

available to you in the languages it makes 

services available to the general public. 

(§ 382.151(b)). 

If you make a written complaint, it is 

helpful to (1) State whether a CRO was 

contacted when the matter arose, (2) provide 

the name of the CRO and the date of the 

contact, if available, and (3) enclose any 

written response received from the CRO. 

(§ 382.155(b)). 

Resources for Air Travelers With Disabilities 

Department of Transportation (DOT) Web 

Site 

DOT posts useful information for all 

consumers, including air travelers with 

disabilities, on its Web site at http:// 

airconsumer.dot.gov/pubs.htm. 

Other Useful Web Links 

The following Web links also are available 

to air travelers with disabilities: 

• A list of frequently asked questions and 

answers (http://airconsumer.dot.gov/ 

SA_Disability.htm) 

• The full text of Part 382 (http:// 

airconsumer.dot.gov/SA_Disability.htm) 

• A list of recent DOT enforcement orders 

related to the ACAA (http:// 

airconsumer.dot.gov/SA_Disability.htm) 

• A listing of conflict of law waiver 

determinations (http:// 

www.regulations.gov_under Docket Number 

DOT–OST–2008–0272) 

• A listing of equivalent alternative 

determinations (http:// 

www.regulations.gov_under Docket Number 

DOT-OST-2008-0273) 

DOT Disability Hotline 

The DOT toll-free telephone hotline system 

is used to provide general information to 

consumers about the rights of air travelers 

with disabilities, respond to requests for 

consumer information, and assist air travelers 

with time-sensitive, disability-related issues. 

The hours for the hotline are 9 a.m. to 5 p.m. 

eastern time, Monday through Friday except 

federal holidays. Air travelers with a 

disability-related service concern or issue 

may call the hotline at 1–800–778–4838 

(voice) or 1–800–455–9880 (TTY) to receive 

assistance. Air travelers who would like the 

DOT to investigate a complaint about a 

disability issue must submit their complaint 

in writing or the web. (http:// 

airconsumer.dot.gov/hotline.htm). 

Carriers’ Resources 

Always check carrier resources such as 

Web sites and contact the carrier’s 

reservation personnel when seeking 

information about services and equipment 

when accessing air transportation. 

Transportation Security Administration 

(TSA) 

Consumers with disabilities who have 

concerns about the airport screening process 

or other aviation security issues may call the 

TSA toll-free at 1–855–787–2227 or email 

that agency at TSA-ContactCenter@dhs.gov. 

For additional information, go to http:// 

www.tsa.gov/travelers/airtravel/ 

disabilityandmedicalneeds/tsa_cares.shtm. 

Appendix III Airline ManagementRelated Issues 

Airline Management-Related Issues 

Appendix III highlights provisions of the 

Air Carrier Access Act (ACAA) and the 

implementing regulations in Part 382 that are 

the specific responsibility of carrier 

management as opposed to personnel who 

deal with the traveling public. Cross 

references to chapters of and other 

appendixes to this manual are provided for 

more detailed explanations of these 

requirements. In this appendix, the word 

‘‘you’’ refers to carrier management and 

‘‘your carrier’’ refers to the carrier you 

manage. 

Discrimination Is Prohibited 

You must ensure that your carrier (either 

directly or indirectly through its contractual, 

licensing, or other arrangements) does not 

discriminate against qualified individuals 

with a disability by reason of such disability 

in the provision of air transportation. 

(§ 382.11(a)(1)). In addition, you are 

responsible for ensuring that not only your 

own employees comply with the ACAA and 

Part 382, but also employees of any company 

or entity performing functions on behalf of 

your carrier. (§ 382.15). 

Specifically, you must ensure that your 

carrier does not: 

• Require a passenger with a disability to 

accept special services, such as pre-boarding 

not requested by the passenger. 

(§ 382.11(a)(2)). 

• Exclude a qualified individual with a 

disability from or deny that individual the 

benefit of air transportation or related 

services that are available to other 

individuals, even if there are separate or 

different services available for passengers 

with a disability, except as provided by Part 

382. (§ 382.11(a)(3)). 


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29The DOT has received Conflict of Laws waiver 

requests from some foreign carriers asserting that 

§ 382.17 conflicts with the European Aviation 

Safety Agency’s Joint Aviation Regulation–OPS 

1.260. Visit http://www.regulations.gov/, select 

‘‘Agency Documents,’’ and enter ‘‘DOT–OST–2008– 

0272’’ to view Conflict of Laws waiver requests. 

• Take actions adverse to passengers with 

a disability if they or someone on their behalf 

assert their rights under the ACAA or Part 

382. (§ 382.11(a)(4)). 

• Limit the number of passengers with a 

disability who travel on a flight.29 (§ 382.17). 

You should be aware that your carrier must 

modify policies, practices, and facilities 

when needed to provide nondiscriminatory 

service to a particular individual with a 

disability, consistent with the standards of 

Section 504 of the Rehabilitation Act, as 

amended. This requirement is in addition to 

your carrier’s general nondiscrimination 

obligation, and is in addition to its duty to 

make specific accommodations under Part 

382. Your carrier is not required to make 

modifications that would constitute an 

undue burden or would fundamentally alter 

its program. (§ 382.13(c)). 

Refusal of Transportation 

You must ensure that your carrier does not 

refuse to provide transportation to a 

passenger with a disability based on his or 

her disability unless specifically permitted 

by Part 382. (§ 382.19(a)). Your carrier must 

not refuse transportation to a passenger with 

a disability because the person’s disability 

results in appearance or involuntary behavior 

that may offend, annoy, or inconvenience 

others. (§ 382.19(b)). 

Safety Considerations 

Neither the ACAA nor Part 382 requires 

you to disregard applicable Federal Aviation 

Administration (FAA) or other government 

safety regulations. (§ 382.7(g)). 

Your carrier may refuse to provide 

transportation to any passenger on the basis 

of safety and if carriage would violate FAA, 

Transportation Security Administration 

(TSA) or applicable foreign government 

requirements. (§ 382.19(c)) Your carrier may 

refuse transportation to a passenger with a 

disability on the basis of safety if your carrier 

is able to demonstrate that the passenger 

poses a direct threat. (§ 382.19(c)(1)). 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 providing auxiliary aids or 

services. (§ 382.3). You should be aware that 

in exercising this authority your carrier may 

not act inconsistently with Part 382 or it may 

be subject to enforcement action. 

(§ 382.19(c)(3) and (c)(4)). 

Your carrier may deny boarding to a 

passenger who wishes to use a passengersupplied electronic respiratory assistive 

devices onboard the aircraft, if the passenger 

does not comply with the conditions for 

acceptance of such devices as required in 

Part 382. (§ 382.133(f)(3)). The specific 

requirements concerning the evaluation and 

use of passenger-supplied electronic 

respiratory assistive devices onboard the 

aircraft and the carriers who must comply 

with these requirements are discussed in 

Chapter 3, Section B, Information about the 

Aircraft; Chapter 5, Section D, Stowing and 

Treatment of Assistive Devices, and below in 

this appendix under the topic Services and 

Equipment: Passenger-supplied Electronic 

Respiratory Assistive Devices. 

Written Explanation for Refusal of 

Transportation 

When your carrier refuses to provide 

transportation to a passenger on his or her 

originally-scheduled flight on a basis relating 

to the individual’s disability, your carrier 

must provide the passenger with a written 

statement of the reason within 10 calendar 

days of the refusal of transportation. The 

statement must include the specific basis for 

your carrier’s refusal to transport the 

passenger. (§ 382.19(d)). 

No Charge for Accommodating Passengers 

With a Disability 

Unless otherwise specified under Part 382, 

your carrier cannot impose charges for 

providing facilities, equipment, or services 

that it is required to provide under Part 382 

to passengers with a disability. (§ 382.31). 

Indirect Air Carriers 

If you are an indirect air carrier that 

provides facilities or services for other 

carriers that are covered by §§ 382.17 through 

.157, you must do so in a manner consistent 

with those regulations. (§ 382.11(b)). 

Contractors and Travel Agents 

You should be aware that your carrier must 

ensure that your contractors comply with 

Part 382 when providing services to the 

public (including airports where applicable) 

on behalf of your carrier just as if your carrier 

was performing the function itself. In 

addition, your carrier must include an 

assurance of compliance with Part 382 in its 

contracts with those contractors. This 

assurance must commit the contractor to 

comply with all applicable provisions of Part 

382 that are performed on your carrier’s 

behalf and require the contractor to 

implement directives issued by your 

Complaints Resolution Officials (CRO). 

Noncompliance with this assurance is a 

material breach of the contract on the 

contractor’s behalf. (§ 382.15(a) and (b)). 

If you are a U.S. carrier, you must also 

include an assurance of compliance in your 

carrier’s contracts or agreements of 

appointment with U.S. travel agents. Your 

carrier is not required to include such an 

assurance in contracts with foreign travel 

agents. (§ 382.15(c)). 

You must monitor a contractor’s 

performance to ensure the contractor 

complies with Part 382 and you must enforce 

the assurances in your carrier’s contracts 

with those contractors. It is not a defense 

against a Department of Transportation 

(DOT) enforcement action that your carrier’s 

noncompliance with Part 382 resulted from 

a contractor’s action or nonaction. 

(§ 382.15(d) and (e)). 

Accessibility of Airport Facilities 

Airports Located in the United States 

You should be aware that all terminal 

facilities and services owned, leased, or 

controlled by your carrier at a U.S. airport, 

including parking and ground transportation, 

must be 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 certain requirements applying 

to places of public accommodation. 

(§ 382.51(a)(1)). The requirements are those 

of the Americans with Disabilities Act (ADA) 

Accessibility Guidelines (ADAAG) as 

incorporated in Department of Justice (DOJ) 

ADA regulations implementing Title III of 

that law. 

In addition, your carrier must ensure that 

intra- and inter-terminal transportation 

systems, such as moving sidewalks, shuttle 

vehicles, and people movers, that are owned, 

leased, or controlled by your carrier, comply 

with the applicable DOT ADA rules (49 CFR 

parts 37 and 38)). (§ 382.51(a)(3)). 

Your carrier must ensure that there is an 

accessible route (one meeting the 

requirements of the ADAAG) between the 

gate and boarding area when an accessible 

passenger lounge or level-entry boarding and 

deplaning is not available to and from an 

aircraft. For example, there must be an 

accessible path on the tarmac between the 

gate and the aircraft when level-entry 

boarding is not available. (§ 382.51(a)(2)). 

Contracts and leases between your carrier 

and airport operators concerning the use of 

airport facilities must describe your airport 

accessibility responsibility under Part 382 

and that of the airport operator under 

applicable section 504 and ADA rules of the 

DOT and DOJ. (§ 382.51(a)(4)). 

Airports Located in a Foreign Country 

Your carrier must ensure that passengers 

with a disability can readily use all terminal 

facilities your carrier owns, leases, or 

controls at a foreign airport. (§ 382.51(b)). 

This requirement applies to foreign carriers 

only at terminal facilities that serve flights 

covered by § 382.7. 

Be aware that your carrier must ensure that 

a passenger with a disability is able to move 

readily through the terminal facilities to get 

to or from the gate and any other area from 

which passengers board aircraft your carrier 

uses for such flights. This includes the 

tarmac between the gate and the aircraft 

when an accessible passenger lounge to and 

from an aircraft or level-entry boarding to 

and deplaning from an aircraft is not 

available. (§ 382.51(b)(1)). Your carrier may 

meet this obligation through any combination 

of facility accessibility, auxiliary aids, 

equipment, the assistance of personnel, or 

other means consistent with ensuring the 

safety and dignity of the passenger. 

(§ 382.51(b)(2)). 

Restrictions 

You must ensure that your carrier does not 

subject passengers with disabilities to 

restrictions that do not apply to other 

passengers except as otherwise permitted by 

Part 382. Restrictions your carrier may not 

impose on passengers with disabilities 

include the following— 

(1) Restricting the movements of 

individuals with disabilities within 

terminals; 

(2) Requiring passengers with disabilities 

to remain in a holding area or other location 


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Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 39851 

to receive transportation, services, or 

accommodations; 

(3) Mandating separate treatment for 

individuals with disabilities except as 

required or permitted under Part 382 or other 

applicable Federal requirements; 

(4) Making passengers sit on blankets on 

the aircraft; or 

(5) Making passengers with disabilities 

wear badges or other special identification. 

(§ 382.33). 

See Chapter 4, Section A, Accessibility of 

Terminal Facilities and Services, for more 

information on this topic. 

Telephone Reservation and Information 

Services 

U.S. Carriers 

You should be aware that if your carrier 

provides a telephone reservation and 

information service to the public, you must 

make that service available to individuals 

who use a text telephone (TTY) (by your own 

TTY, voice relay (chat screen), or other 

available technology) to permit individuals 

with hearing impairments to obtain this 

information. (§ 382.43(a)). 

Foreign Carriers 

A foreign carrier must have met the TTY 

requirements that apply to U.S. carriers by 

May 13, 2010. (§ 382.43(a)(5)). However, 

these requirements apply only with respect 

to information and reservation services for 

flights covered by § 382.7. TTY services 

apply only with respect to flights for which 

reservation telephone calls from the United 

States are accepted. 

Exception 

The TTY requirements do not apply to 

carriers in any country in which the 

telecommunications infrastructure does not 

readily permit compliance. (§ 382.43(b)). 

See also Chapter 3, Section E, 

Accommodations for Air Travelers with 

Hearing Impairments, and Chapter 4, Section 

D, Accommodations for Air Travelers with 

Vision or Hearing Impairments. 

Advance Notice and Reservation System 

Your carrier’s reservation and other 

administrative systems must ensure that 

when a passenger provides the required 

advance notice for services and 

accommodations, the notice is 

communicated, clearly and on time, to the 

personnel responsible for providing the 

requested service or accommodation. 

(§ 382.27(e)). See Chapter 3, Section A, 

Advance Notice. 

Passenger-Supplied Electronic Respiratory 

Assistive Devices 

You should be aware that U.S and foreign 

carriers (except on-demand air taxi operators) 

are required to permit passengers with a 

disability to use a passenger-supplied 

electronic respiratory assistive device 

onboard aircraft under specified conditions. 

(§ 382.133). Chapter 3, Section A, Advance 

Notice, and Section B, Information about the 

Aircraft, discuss advance notice requirements 

and the information your carrier must 

provide during the reservation process to a 

passenger with a disability who wishes to use 

such devices during a flight. 

Service Animals 

You should be aware that regardless of 

your carrier’s policies with respect to pets, 

your carrier must permit a service animal 

used by a passenger with a disability to 

accompany the passenger on his or her flight. 

(§ 382.117(a)). A foreign carrier is only 

required to carry dogs as service animals 

(§ 382.117(f)) except on codesharing flights 

with U.S. carriers. 

At a U.S. airport facility that you own, 

lease, or control and in cooperation with the 

airport operator and in consultation with 

local service animal training organizations, 

your carrier must provide animal relief areas 

for service animals that accompany 

passengers departing, connecting, or arriving 

at such airports on your flights. 

(§ 382.51(a)(5)). 

See Chapter 3, Section D, Service Animals 

and Appendix III, Guidance Concerning 

Service Animals. See also, Chapter 5, Section 

B, Seating Assignments and 

Accommodations. 

Aircraft Accessibility 

When ordering, purchasing, or leasing 

aircraft, you should consider that Part 382 

requires the following features on an aircraft: 

• Movable or removable aisle armrests 

(aircraft with 30 or more passenger seats) 

(§ 382.61); 

• Priority space in the passenger cabin for 

a passenger’s manual, folding wheelchair 

(aircraft with 100 or more passenger seats) 

(§ 382.67); 

• Accessible lavatories (aircraft with more 

than one aisle in which lavatories are 

provided) (§ 382.63); 

• On-board wheelchairs (aircraft with 

more than 60 passenger seats and an 

accessible lavatory) (§ 382.65); and 

• In-flight audio-visual services (§ 382.69). 

Your carrier must maintain aircraft 

accessibility features in proper working 

order. (§ 382.71(a)). In addition, any 

replacement or refurbishing of the aircraft 

cabin must not reduce existing accessibility 

to a level below that required under Part 382 

for new aircraft. (§ 382.71(b)). 

These aircraft accessibility requirements 

and the compliance deadlines for both U.S. 

and foreign carriers are discussed in detail in 

Chapter 5, Section, A, Aircraft Accessibility. 

Seating Accommodations 

You should be aware that, under certain 

circumstances, your carrier must provide 

certain seating accommodations if a 

passenger self-identifies as a passenger with 

a disability and the type of seating 

accommodation exists on the aircraft. 

(§§ 382.81 and 382.85). If your carrier 

provides advance seat assignments, it may 

employ either the block seating method or 

the priority seating method. Each method 

requires some advance notice on the part of 

the passenger with a disability to guarantee 

the seating accommodation. (§§ 382.83 and 

382.85). 

You should select an adequate reservation 

system to meet your carrier’s needs, ensure 

proper administration of the reservation 

system, and provide employee training with 

respect to the reservation system and the 

requirements under Part 382 for providing 

seating accommodations for passengers with 

disabilities. If your carrier wishes to use a 

method of providing seat assignments to 

passengers with disabilities other than the 

methods provided for in Subpart E of Part 

382, it must receive written approval from 

DOT. (§ 382.83(d)). 

If your carrier does not provide advance 

seat assignments, passengers who identify 

themselves as passengers with a disability in 

need of a seating accommodation must be 

allowed to pre-board before all other 

passengers, including other passengers 

entitled to pre-board, and select the seat 

assignment that best meets their needs. 

(§§ 382.83(c) and 382.85(b)). You should note 

that your carrier must offer preboarding to 

passengers with a disability who self-identify 

at the gate as needing additional time or 

assistance. (§ 382.93(c)). 

Your carrier is not required to provide 

more than one seat per ticket or a seat in a 

class of service other than the one the 

passenger has purchased to accommodate a 

passenger with a disability in need of a seat 

assignment to accommodate his or her 

disability. (§ 382.87(f)). 

Your carrier must comply with all FAA 

and applicable foreign government safety 

requirements, including exit-seating 

requirements, when responding to requests 

from passengers with a disability for seating 

accommodations. (§ 382.87(b)). 

See Chapter 5, Section B, Seating 

Assignments and Accommodations, for more 

information on this topic. 

Security Screenings 

You should be aware that all passengers 

including those with disabilities are subject 

to TSA security screening requirements at 

U.S. airports. Passengers at foreign airports, 

including those with disabilities, may be 

subject to security screening measures 

required by the law of the country where the 

airport is located. (§ 382.55(a)). 

If your carrier wants to go beyond 

mandated security screening procedures, it 

must conduct the security screening of a 

passenger with a disability in the same 

manner as any other passenger. (§ 382.55(b)). 

See Chapter 4, Section B, Security 

Screening for Air Travelers with a Disability. 

Services and Equipment 

Boarding Assistance in General 

If a passenger with a disability requests 

assistance getting on or off an airplane, or 

your carrier or the airport operator offers 

such assistance, and the passenger consents 

to the type of boarding or deplaning 

assistance offered, assistance must be 

promptly provided. The type of assistance 

offered must include the services of 

personnel and the use of wheelchairs, 

accessible motorized carts, ramps, or 

mechanical lifts as required under Part 382. 

(§ 382.95(a)). 

You should be aware that a carrier 

operating aircraft with 19 or more passenger 

seats at U.S. commercial service airports with 

10,000 or more annual enplanements must 

provide boarding and deplaning assistance to 

passengers with a disability using lifts or 

ramps if level-entry loading bridges or 

accessible passenger boarding lounges are not 


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available. (§ 382.95(b)). However, boarding 

assistance using a lift or other means of levelentry boarding is not required on: 

• Aircraft with fewer than 19 passenger 

seats; 

• Float planes; 

• The following 19-seat capacity aircraft 

models that are unsuitable for boarding 

assistance using a lift: the Fairchild Metro, 

the Jetstream 31 and 32, the Beech 1900 (C 

and D Models), and the Embraer EMB–120; 

or 

• Any other aircraft model the DOT 

determines to be unsuitable for boarding and 

deplaning assistance by lift; ramp, or other 

suitable device. (§ 382.97). 

You should be aware that, although U.S. 

and foreign carriers must provide or ensure 

the provision of boarding and deplaning 

assistance at foreign airports on covered 

flights, level-entry boarding is not required. 

However, whenever level-entry boarding and 

deplaning assistance is not required, your 

carrier must still assist passengers with a 

disability in boarding and deplaning the 

aircraft if any such means is available. 

(§ 382.101). 

Your carrier must train employees in the 

use of the boarding assistance equipment and 

procedures regarding the safety and dignity 

of passengers receiving boarding assistance. 

(§ 382.141(a)(1)(iii) and (b)). 

See Chapter 5, Section C, Boarding and 

Deplaning Assistance, for more information 

on this topic. See also Chapter 8: Personnel 

Training, for additional information on 

employee/contractor training requirements. 

Boarding and Deplaning Assistance 

Agreements With U.S. Airport Operators 

U.S. and foreign carriers. Your carrier must 

negotiate in good faith with the operator of 

any U.S. commercial airport with 10,000 or 

more annual enplanements to ensure the 

provision of lifts for boarding and deplaning 

where level-entry loading bridges are not 

available. (§ 382.99(a)). 

U.S. carriers. Your carrier must have a 

written, signed agreement with the airport 

operator allocating responsibility for meeting 

the boarding and deplaning assistance 

requirements of Part 382, subpart G. 

(§ 382.99(b)). 

Foreign carriers. Your carrier must have a 

written, signed agreement with the airport 

operator allocating responsibility for meeting 

the boarding and deplaning assistance 

requirements of Part 382, Subpart G with 

respect to all covered aircraft by May 13, 

2010. (§ 382.99(b)). Foreign carriers serving a 

particular airport may be able to join existing 

agreements among the airport and U.S. 

carriers serving it, rather than establishing a 

new agreement. 

The written agreement with a U.S. airport 

must specify that accessible boarding and 

deplaning for passengers with a disability 

will actually be provided before May 13, 

2011. (§ 382.99(c)). 

U.S. and foreign carriers. The written 

agreement may require passengers who want 

boarding and deplaning assistance requiring 

use of a lift to check in 1 hour before the 

standard check-in time for the flight. 

(§ 382.99(d)). You should be aware the 

agreement must ensure all lifts and other 

accessibility equipment are maintained in 

working order. (§ 382.99(e)). 

Note: All carriers and airport operators are 

jointly and severally (individually) 

responsible to implement the agreements 

completely and in a timely manner. You 

must make the agreements available to DOT 

upon request. (§ 382.99(f) and (g)). 

Boarding, Deplaning, and Connecting 

Assistance at Foreign Airports 

You should be aware that at foreign 

airports where the airport operator has the 

responsibility for boarding, deplaning, or 

connecting assistance, U.S. and foreign 

carriers can rely on the airport operator’s 

services to meet Subpart G of Part 382. 

(§ 382.105). However, if the services provided 

by the airport operator are not sufficient to 

meet these requirements, your carrier must 

supplement the airport operator’s services. If 

your carrier believes it is legally prohibited 

from supplementing the airport operator’s 

services, it may apply for a conflict of law 

waiver under § 382.9. 

Storing Wheelchairs and Other Assistive 

Devices in the Cabin 

Your carrier must allow passengers with a 

disability to stow the following mobility aids 

and assistive devices inside the aircraft cabin 

provided they can be stowed consistent with 

FAA, PHMSA, TSA or applicable foreign 

government requirements concerning safety, 

security, and hazardous materials: 

• Manual wheelchairs, including folding 

or collapsible wheelchairs; 

• Other mobility aids, such as canes, 

crutches and walkers; and 

• Other assistive devices for stowage or 

use in the cabin, such as prescription 

medications and the devices needed to 

administer them; vision-enhancing devices; 

and portable oxygen concentrators (POC), 

ventilators, and respirators that use 

nonspillable batteries if they comply with 

applicable safety, security and hazardous 

materials rules. (§ 382.121(a)). 

Note: The requirements concerning the inflight use of passenger-supplied electronic 

devices that assist with respiration are 

discussed later in this appendix. (§ 382.133). 

Your carrier is not required to permit 

passengers to bring electric wheelchairs into 

the aircraft cabin. 

You should be aware that certain aircraft 

must have priority space in the cabin to stow 

at least one typical adult-sized folding, 

collapsible, or break-down manual 

wheelchair. (§ 382.67(a)). See Chapter 5, 

Section A, Aircraft Accessibility, for more 

information about this requirement, 

including the aircraft to which it applies. 

Note: Your carrier must not count mobility 

aids and other assistive devices brought on 

board the aircraft by a passenger with a 

disability toward the limit for passenger 

carry-on baggage. (§ 382.121(b)). 

On-Board Wheelchairs 

When required, on-board wheelchairs must 

be equipped with specific features and be 

designed to be compatible with the 

maneuvering space, aisle width, and seat 

height of the aircraft on which they are to be 

used, and to easily be pushed, pulled, and 

turned in the cabin environment by carrier 

personnel. (§ 382.65)(c)). See Chapter 5, 

Section A, Aircraft Accessibility, for more 

information about this requirement, 

including the aircraft to which it applies. 

Wheelchairs Unable To Be Stowed in the 

Cabin as Carry-On 

Know that your carrier must stow mobility 

aids, including wheelchairs, and other 

assistive devices in the baggage compartment 

with priority over other cargo and baggage if 

an approved stowage area is not available in 

the cabin or the items cannot be transported 

in the cabin consistent with FAA, PHMSA, 

TSA, or applicable foreign government 

requirements. (§ 382.125(a) and (b)). Except 

as otherwise provided in Part 382, your 

carrier may not charge for facilities, 

equipment, or services required under Part 

382 to be provided to passengers with a 

disability. Therefore, your carrier cannot 

charge for a wheelchair or other mobility or 

assistive device that exceeds the weight limit 

on checked baggage. (§ 382.31(a)) and 

382.121(b). 

However, DOT recognizes there may be 

some circumstances in which it is not 

practical to stow an electric wheelchair or 

some other assistive device in the baggage 

compartment, and you are not required to do 

so if it would constitute an undue burden. 

(§ 382.13(c)). Only devices that fit and meet 

all applicable hazardous materials and other 

safety regulations need be carried. 

When a passenger’s wheelchair, other 

mobility aids, or other assistive devices 

cannot be stowed in the cabin as carry-on 

baggage, a carrier must ensure these items are 

timely checked and returned as close as 

possible to the door of the aircraft (unless the 

passenger requests the items be returned at 

the baggage claim area) so that the passenger 

with a disability can use his or her own 

equipment, where possible, consistent with 

Federal regulations concerning transportation 

security and the transportation of hazardous 

materials. (§ 382.125(c)(1) and (c)(2)). 

To ensure the timely return of a 

passenger’s wheelchair, other mobility aids 

or other assistive devices, they must be 

among the first items retrieved from the 

baggage compartment. (§ 382.125(d)). 

Battery-Powered Devices 

A carrier must accept a passenger’s batterypowered wheelchair or other similar mobility 

device, including the battery, as checked 

baggage unless baggage compartment size 

and aircraft airworthiness considerations 

prohibit it. (§ 382.127(a)). 

Check-in and advance notice requirements 

(for passengers with battery-powered 

mobility devices) 

Aircraft with 60 or more passenger seats. 

Your carrier may require that a passenger 

who wants you to transport his or her 

battery-powered wheelchair or similar 

mobility device check in for the flight 1 hour 

before the check-in time for the general 

public. However, even if the passenger does 

not check in within this time, your carrier 

must make a reasonable effort to 

accommodate the passenger and transport the 

battery-powered wheelchair or other similar 

mobility aid provided it would not delay the 

flight. (§ 382.127(b)). 


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Aircraft with fewer than 60 passenger 

seats. Your carrier may require that a 

passenger with a disability provide up to 48 

hours’ advance notice and check in 1 hour 

before the check-in time for the general 

public if the passenger wants your carrier to 

transport his or her electric (battery-powered) 

wheelchair. (§ 382.27(c)(4)). 

Battery Handling (for Wheelchairs, Scooters, 

and Other Mobility Devices Using 

Traditional Spillable or Nonspillable Battery 

Technology) 

Your carrier must not require that the 

battery be removed and separately packaged 

if the— 

• Manufacturer has labeled the battery on 

a wheelchair or other similar mobility device 

as nonspillable, or 

• For a spillable battery, the batterypowered wheelchair can be loaded, stored, 

secured, and unloaded in an upright 

position. 

However, your carrier must remove and 

package separately any battery that (1) is 

inadequately secured to a wheelchair or (2) 

if the battery is spillable and it is contained 

in a wheelchair that cannot be loaded, 

stowed, secured and unloaded in an upright 

position consistent with DOT hazardous 

materials regulations. A damaged or leaking 

battery should not be transported. 

(§ 382.127(c)). 

Finally, your carrier must not disconnect 

the battery on a wheelchair or other mobility 

device if the battery is nonspillable and it is 

completely enclosed within a case or 

compartment integral to the design of the 

device unless required to do so under FAA, 

PHMSA, or applicable foreign government 

safety regulations. (§ 382.127(e)). 

When it is necessary to detach a battery 

from a wheelchair or other mobility device, 

a carrier must provide packaging for the 

battery, if requested, and package the battery 

consistent with appropriate hazardous 

materials regulations. However, your carrier 

is not required to use packaging materials or 

devices you do not normally use for this 

purpose. (§ 382.127(d)). Your carrier must not 

charge for such packaging. (§ 382.31(a)). Your 

carrier also must not drain batteries. 

(§ 382.127(f)). 

Passenger-Supplied Electronic Respiratory 

Assistive Devices 

U.S. Carriers Conducting Passenger Service 

(Except for On-Demand Air Taxi Operators) 

You should be aware that, subject to the 

conditions below, your carrier must permit a 

passenger with a disability to use the 

following passenger-supplied electronic 

respiratory assistive devices in the passenger 

cabin during all phases of flight on all 

aircraft designed with more than 19 

passenger seats: 

• FAA-approved POC, 

• Continuous positive airway pressure 

(CPAP) machines; 

• Respirators; and 

• Ventilators. 

Your carrier must allow such devices to be 

used in the cabin during air transportation if 

they— 

• Meet applicable FAA requirements for 

medical portable electronic devices, 

• Display a manufacturer’s label indicating 

such compliance, and 

• Can be stowed and used in the cabin 

consistent with applicable TSA, FAA, and 

PHMSA regulations. (§ 382.133(a)(1) and 

(a)(2)). 

Foreign Carriers Conducting Passenger 

Service (Except Operations Equivalent to a 

U.S. Carrier On-Demand Air Taxi Operation) 

A foreign carrier must permit passengers 

with a disability to use the electronic 

respiratory assistive devices listed above (a 

POC of a kind equivalent to an FAAapproved POC for U.S. carrier, CPAP 

machine, respirator, or ventilator,) in the 

passenger cabin of aircraft originally 

designed with a maximum passenger seating 

capacity of more than 19 seats during 

operations to, from or within the United 

States. (§ 382.133(b)). 

Your carrier must permit onboard use of 

such devices if they— 

• Meet requirements for medical portable 

electronic devices established by your foreign 

government (or if no such requirements exist 

you may apply applicable FAA requirements 

for U.S. carriers), 

• Have a manufacturer’s label indicating 

such compliance, and 

• The device can be stowed and used in 

the cabin consistent with TSA, FAA and 

PHMSA regulations and the safety and 

security regulations of your foreign 

government. (§ 382.133(b)(1) through (b)(3)). 

For more information on this topic see 

Chapter 5, Section E, Services and 

Information Provided in the Cabin. For a 

discussion about the specific information 

your carrier must provide during the 

reservation process to a passenger with a 

disability who wishes to use a passengersupplied electronic respiratory assistive 

device during a flight see Chapter 3, Section 

B, Information about the Aircraft. 

Baggage Liability Limits 

On domestic U.S. flights the baggage 

liability limits (14 CFR part 254, Domestic 

Baggage Liability Limits) do not apply to loss, 

damage, or delay concerning wheelchairs, 

other mobility aids, or other assistive 

devices. Rather, the basis for calculating the 

compensation for lost, damaged, or delayed 

mobility aids, including wheelchairs, or 

other assistive devices must be the original 

price of the device. (§ 382.131). 

Note: Baggage liability limits for 

international travel, including flights of U.S. 

carriers, are governed by the Montreal 

Convention and other international 

agreements instead of 14 CFR part 254. 

Your carrier also must not require a 

passenger with a disability to sign a waiver 

of liability for damage to or loss of a 

wheelchair or other assistive device, 

although your personnel may make notes 

about preexisting damage or conditions of 

these items to the same extent you do this for 

other checked baggage. (§ 382.35(b)). 

Timely and Complete Access to Information 

at the Airport 

U.S. Carriers 

Your carrier must ensure that passengers 

who identify themselves as persons needing 

visual or hearing assistance receive prompt 

access to the same information that you 

provide to other passengers at each gate, 

ticketing area, and customer service desk that 

you own, lease, or control at any U.S. or 

foreign airport. However, your carrier is not 

required to provide information if it would 

interfere with employee safety and security 

duties under applicable FAA and foreign 

regulations. (§ 382.53(a)(1)). This requirement 

applies to information on a wide variety of 

subjects such as flight safety, ticketing, 

schedule changes and gate assignments. 

(§ 382.53(b)). 

Foreign Carriers 

Foreign carriers must make the same 

information available to passengers who 

identify themselves as needing visual or 

hearing assistance at each gate, ticketing area, 

and customer service desk that you own, 

lease, or control at any U.S. airport. At 

foreign airports, a foreign carrier must make 

this information available only at gates, 

ticketing areas, or customer service desks that 

you own, lease, or control and only for flights 

that begin or end in the United States. 

(§ 382.53(a)(2)). 

See Chapter 4, Section D, Accommodations 

for Air Travelers with Vision or Hearing 

Impairments. 

Timely and Complete Access to Information 

on the Aircraft 

General Information 

You should be aware that your carrier must 

ensure that passengers with a disability who 

identify themselves as needing visual or 

hearing assistance have prompt access to the 

same information provided to other 

passengers on the aircraft. However, your 

carrier is not required to provide information 

if it would interfere with crewmember safety 

duties under applicable FAA and foreign 

regulations. (§ 382.119(a)). This requirement 

includes information on a wide variety of 

subjects such as flight safety, procedures for 

takeoff and landing, and flight delays. 

(§ 382.119(b)). 

In addition, if your carrier uses new audiovisual displays to convey this information to 

passengers with hearing impairments it must 

provide high-contrast captioning. (§ 382.69). 

Safety Briefings for Passengers With Hearing 

Impairments 

If your carrier presents safety briefings to 

passengers using audio-visual displays, the 

presentation must be accessible to passengers 

with hearing impairments. (§ 382.115(e)). 

See Chapter 5, Section E, Services and 

Information Provided in the Cabin and 

Section F, Safety Briefings. 

Complaint Procedures 

Complaints Resolution Officials (CROs) 

Carriers providing service using aircraft 

with 19 or more passenger seats must 

designate one or more CROs to handle 

disability-related complaints. (§ 382.151(a)). 

A U.S. carrier must make a CRO available at 

each airport it serves during all times it 

operates at that airport. A foreign carrier 

must make a CRO available at each airport 

serving flights it operates that begin or end 

at a U.S. airport. 382.151(b). 


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Responding to Complaints 

You should be aware that your carrier must 

respond to both oral and written complaints 

from passengers with a disability. 

Complaints made directly to your CRO. If 

a complaint is made directly to your CRO 

before a potential violation has occurred your 

CRO must take prompt action to ensure 

compliance with Part 382. If the alleged 

violation has already occurred and your CRO 

agrees that Part 382 was violated, your CRO 

must respond in writing with a summary of 

the facts and what steps, if any, your carrier 

proposes to take in response to the violation. 

If your CRO does not find that Part 382 was 

violated, your CRO must provide a written 

statement summarizing the facts and the 

reasons for the determination. In either case, 

the response must inform the passenger of 

his or her right to pursue DOT enforcement 

action. If possible, your CRO should provide 

the response to the passenger at the airport. 

If this is not possible, the response must be 

forwarded to the passenger within 30 days. 

(§ 382.153). 

Written complaints made after a trip. Your 

carrier must provide a written response to the 

complaining passenger within 30 days of 

receiving their written complaint. The 

response must describe how your carrier 

resolved the complaint and must specifically 

admit or deny that a violation of Part 382 

occurred. (§ 382.155(d)). Depending on your 

carrier’s determination, the response to a 

written complaint must include the 

following: 

• If your carrier agrees that a violation has 

occurred, it must provide a written statement 

to the complainant summarizing the facts 

and stating what steps, if any, your carrier 

proposes to take in response to the violation. 

(§ 382.155(d)(1)). 

• If your carrier denies that a violation 

occurred, the written response must include 

a summary of the facts and your carrier’s 

reasons under Part 382 for making its 

determination. (§ 382.155(d)(2)). 

• Information about the complainant’s 

right to pursue DOT enforcement action 

under Part 382. (§ 382.155(d)(3)). 

Recording, Categorizing, and Reporting 

Disability-Related Complaints 

A carrier covered by Part 382 that conducts 

passenger operations with at least one aircraft 

having a designated seating capacity of more 

than 60 passengers on flights to, from, or in 

the United States must categorize, record, 

and report annually to DOT the written 

disability-related complaints received by 

your carrier. (§ 382.157). This requirement 

applies to foreign carriers only with respect 

to disability-related complaints associated 

with any flight segment beginning or ending 

in the United States. (§ 382.157(b)). 

Your carrier must have a system for 

categorizing and recording disability-related 

complaints by the passenger’s type of 

disability and the nature of the passenger’s 

complaint. (§ 382.157(c)). In addition, your 

carrier must submit an annual report on the 

last Monday in January of every year 

summarizing the disability-related 

complaints received during the previous 

year. This annual report must be submitted 

online using the form specified at the Web 

site address http://382reporting.ost.dot.gov 

unless your carrier demonstrates undue 

hardship if not permitted to submit the 

information via paper copies, disks or email. 

(§ 382.157(d)). If DOT approves your carrier’s 

request not to submit the annual report 

through the Web site address above, it must 

use the form in appendix A to Part 382. 

(§ 382.157(h)). 

The recording and reporting 

responsibilities discussed above also apply to 

carriers in a codeshare relationship. 

(§ 382.157(f)). 

See Chapter 6: Assisting Air Travelers with 

Disabilities with Their Complaints. 

Employee Training 

You should be aware that proper training 

of carrier personnel is critical to compliance 

with the ACAA and Part 382. The training 

requirements in Part 382 vary with aircraft 

size. A carrier operating aircraft with 19 or 

more passenger seats must train all personnel 

who deal with the traveling public, as 

appropriate to the duties of each employee, 

to proficiency in certain specific areas such 

as applicable regulations and carrier 

procedures on providing air travel for 

passengers with disabilities, and provide 

training in other areas such as appropriate 

communications as outlined in Part 382. 

(§ 382.141(a)). Your carrier must provide, or 

ensure that your contractor’s provide, 

training to contract employees who deal 

directly with the traveling public that is 

tailored to the employees’ functions. 

(§ 382.141(a)(6)). Your carrier must consult 

with organizations representing persons with 

disabilities in your home country when 

developing your training programs and your 

policies and procedures. (§ 382.141(a)(4)). 

A carrier operating aircraft with fewer than 

19 passenger seats must provide training for 

its flight crewmembers and appropriate 

personnel to ensure that those personnel are 

familiar with applicable regulations, carrier 

procedures, and appropriate communication 

in providing air travel to passengers with a 

disability and that they comply with Part 

382. (§ 382.141(b)). 

Chapter 8: Personnel Training, contains a 

detailed discussion of carrier personnel and 

contractor training program requirements, 

including refresher training, as well as the 

recordkeeping requirements and schedule 

associated with this training. 

Appendix IV FSAT 04–01A Location 

and Placement of Service Animals on 

Aircraft Engaged in Public Air 

Transportation 

ORDER: 8400.10 

APPENDIX: 4 

BULLETIN TYPE: Flight Standards 

Information Bulletin for Air Transportation 

(FSAT) 

BULLETIN NUMBER: FSAT 04–01A 

BULLETIN TITLE: Location and Placement 

of Service Animals on Aircraft Engaged in 

Public Air Transportation. 

EFFECTIVE DATE: 6/24/04 

AMENDED DATE: 7/23/04 

TRACKING: N/A 

APPLICABILITY: This bulletin applies to 

operations under part 121 and 135. 

NOTE: This amended bulletin adds further 

guidance about ‘‘unusual service animals’’ in 

paragraphs 4 D and E. 

1. PURPOSE. This bulletin clarifies the 

Federal Aviation Administration (FAA) 

Flight Standards Service’s safety and 

enforcement policy regarding the location 

and placement of service animals, as defined 

by the Department of Transportation (DOT) 

in Title 14 of the Code of Federal Regulations 

(14 CFR) part 382, Nondiscrimination on the 

Basis of Disability in Air Travel, for all 

aircraft operated under 14 CFR parts 121 and 

135. This bulletin supplements information 

contained in Federal Aviation 

Administration (FAA) Advisory Circular 

(AC) 120–32, Air Transportation of 

Handicapped Persons. 

2. BACKGROUND. 

A. As early as 1977, the FAA recognized 

the need for guidance regarding the 

placement and location of service animals on 

aircraft. AC 120–32 discusses the placement 

of ‘‘guide dogs’’ and states that ‘‘They should 

be seated in the first row seat of a section 

next to the bulkhead where there is more 

room for the dog’’. This guidance was issued 

well before DOT Part 382 was published in 

1990. Collaboration among the FAA, the DOT 

and members of the disabled community 

during the development of DOT Part 382 

ensured that its requirements would be 

consistent with the AC previously published 

by the FAA. 

B. Flight Standards has recently received 

questions from air carriers, aviation safety 

inspectors, airline industry representatives 

and people with service animals regarding 

compliance with DOT Part 382 

Nondiscrimination on the Basis of Disability 

in Air Travel as it pertains to the location and 

placement of service animals on aircraft 

engaged in public air transportation. 

C. On May 9, 2003, DOT issued revised 

guidance regarding the carriage of service 

animals affecting all transportation modes, 

including aviation. If the FAA believes that 

additional FAA rulemaking or guidance is 

necessary, the FAA will undertake them, as 

appropriate. One example of this type of 

activity is the issuance of this FSAT, which 

contains Flight Standards’ safety and 

enforcement policy regarding the placement 

and location of service animals 

accompanying persons with disabilities on 

aircraft. 

3. SAFETY REVIEW. 

A. A review of all available reports 

regarding commercial aircraft accidents with 

at least one fatality, in operations under part 

121, that occurred between 1/1/1990 and 1/ 

1/2004, contained in the National 

Transportation Safety Board (NTSB) 

reporting system, found no references to 

either a service animal’s presence on the 

aircraft or its placement or location on the 

aircraft, to have negatively impacted an 

aircraft evacuation or a particular 

individual’s emergency egress from an 

aircraft. 

B. A review of NTSB Safety Report 

‘‘Survivability of Accidents Involving Part 

121 U.S. Air Carrier Operations, 1983 

Through 2000(NTSB/SR–01/01), also found 

no references to either a service animal’s 

presence on the aircraft or its placement or 


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Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Proposed Rules 39855 

location on the aircraft, to have negatively 

impacted an aircraft evacuation or a 

particular individual’s emergency egress 

from an aircraft. 

C. Similarly, a review of the NTSB Safety 

Study, ‘‘Emergency Evacuation of 

Commercial Airplanes (NTSB/SS–00/01),’’ 

found no references to either a service 

animal’s presence on the aircraft or their 

placement or location on the aircraft, to have 

negatively impacted an aircraft evacuation or 

a particular individual’s emergency egress 

from an aircraft. 

4. GUIDANCE. The variety of service 

animals, as well as the services these animals 

perform, has certainly become larger in scope 

since the FAA’s policy was first published in 

1977. However, after a comprehensive review 

of available NTSB data, the FAA sees no 

safety issue that compels the FAA to change 

its long standing safety and enforcement 

policy regarding placement and location of 

service animals on aircraft. Therefore, 

consistent with DOT part 382 requirements: 

A. Placement. A service animal may be 

placed at the feet of a person with a disability 

at any bulkhead seat or in any other seat as 

long as when the animal is seated/placed/ 

curled up on the floor, no part of the animal 

extends into the main aisle(s) of the aircraft, 

the service animal is not at an emergency exit 

seat and the service animal does not extend 

into the foot space of another passenger 

seated nearby who does not wish to share 

foot space with the service animal. 

B. Placement of lap held service animals. 

Lap held service animals (such as a monkey 

used by a person with mobility impairments) 

are discussed in the preamble to DOT Part 

382 Nondiscrimination on the Basis of 

Disability in Air Travel, issued in 1990 (FR 

Vol. 55, No. 44 361990, pg. 8042). They are 

service animals that need to be in a person’s 

lap to perform a service for that person. This 

service animal may sit in that person’s lap for 

all phases of flight including ground 

movement, take off and landing provided 

that the service animal is no larger than a lapheld child (a child who has not reached his 

or her second birthday). 

C. Documentation. One type of service 

animal is an animal used for emotional 

support. The presence of such an animal is 

found to be medically necessary for the 

passenger traveling with the animal. Under 

DOT rules, and outlined clearly in DOT 

Guidance Concerning Service Animals, 

published on May 9, 2003, an air carrier may 

require documentation regarding the medical 

need for the presence of an emotional 

support animal as a condition of permitting 

the animal to accompany the passenger in the 

cabin as a service animal. 

D. Unusual Service Animals. On May 9, 

2003, the Department of Transportation 

issued Guidance Concerning Service Animals 

in Air Transportation. Unusual service 

animals pose unavoidable safety and/or 

public health concerns and airlines are not 

required to transport them. Snakes, other 

reptiles, ferrets, rodents, and spiders 

certainly fall within this category of animals. 

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. 

E. 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. 

F. This safety and enforcement policy has 

been coordinated with AGC–220, Operations 

and Air Traffic Law Branch. 

5. REFERENCES. 

A. 14 CFR Part 382, Nondiscrimination on 

the Basis of Disability in Air Travel, as 

amended http://airconsumer.ost.dot.gov/ 

rules/rules.htm 

B. DOT Guidance Concerning Service 

Animals, May 9, 2003 http:// 

airconsumer.ost.dot.gov/rules/20030509.pdf 

C. Advisory Circular 120–32, Air 

Transportation of Handicapped Persons 

http://www.faa.gov/avr/afs/cabinsafety/ 

acidx.cfm 

D. DOT Part 382 Nondiscrimination on the 

Basis of Disability in Air Travel, including 

preamble, issued 1990, (FR Vol 55, No. 44 

361990, pg. 8042) http://www.faa.gov/avr/ 

afs/cabinsafety/disabilities.cfm 

E. NTSB Accident Database & Synopses 

http://www.ntsb.gov/ntsb/query.asp 

F. NTSB Safety Report (NTSB/SR–01/01) 

‘‘Survivability of Accidents Involving Part 

121 U.S. Air Carrier Operations, 1983 

Through 2000’’ http://www.ntsb.gov/ 

publictn/2001/SR0101.pdf 

G. NTSB Safety Study (NTSB/SS–00/01), 

‘‘Emergency Evacuation of Commercial 

Airplanes’’ http://www.ntsb.gov/publictn/ 

2000/SS0001.pdf 

6. ACTION. 

A. Each Principal Operations Inspector 

(POI) and Aviation Safety Inspector—Cabin 

Safety should make the information 

contained in this FSAT known to the director 

of safety or the director of operations, 

respectively, of each assigned operator under 

part 121 or part 135. 

B. This information may be conveyed by 

hard copy of this FSAT or by referring the 

director of safety or the director of 

operations, as applicable, to the following 

FAA public web site: http://www.faa.gov/ 

avr/afs/fsat/fsatl.htm 

7. PROGRAM TRACKING AND 

REPORTING SUBSYSTEM (PTRS). 

Document the conveyance of the information 

contained in this FSAT for each air carrier 

affected: 

A. Use PTRS code 1385. 

B. Enter ‘‘FST0401A’’ in the National Use 

Field (without the quotes). 

C. Once the POI has accomplished the 

ACTION in paragraph 6, close out the PTRS. 

8. INQUIRIES. This bulletin was developed 

by AFS–200. Any questions concerning this 

bulletin should be directed to Nancy 

Claussen, Flight Standards Service, at (602) 

379–4864, ext. 268. 

9. EXPIRATION. This bulletin will remain 

in effect until further notice. 

/s/Thomas K. Toula, for 

Matthew Schack, 

Manager, Air Transportation Division. 

[FR Doc. 2012–15233 Filed 7–3–12; 8:45 am] 

BILLING CODE 4910–9X–P 


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