[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Rules and Regulations]
[Pages 41482-41530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13947]



[[Page 41481]]

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Part II





Department of Transportation





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Office of the Secretary



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14 CFR Part 382



Nondiscrimination on the Basis of Disability; Technical Assistance 
Manual; Final Rule

  Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Rules 
and Regulations  

[[Page 41482]]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. OST-2005-20952]


Nondiscrimination on the Basis of Disability

AGENCY: Office of the Secretary, Department of Transportation (DOT).

ACTION: Technical Assistance Manual.

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SUMMARY: This document responds to a Congressional mandate for the U.S. 
Department of Transportation 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.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Office of the General 
Counsel, Department of Transportation, 400 7th Street, SW., Room 4116, 
Washington, DC 20590, 202-366-9342 (voice), (202) 366-0511 (TTY), 202-
366-7152 (fax), [email protected] (e-mail). Arrangements to receive 
this notice in an alternative format may be made by contacting the 
above named individual.

SUPPLEMENTARY INFORMATION: The Wendell H. Ford Aviation Investment and 
Reform Act for the 21st Century (AIR-21), which was enacted on April 5, 
2000, required, among other things, that DOT provide a technical 
assistance manual to air carriers and individuals with disabilities 
concerning their rights and responsibilities under the Air Carrier 
Access Act (ACAA) and its implementing regulation in 14 CFR part 382 
(part 382). See 49 U.S.C. 41705(c). Responding to this legislative 
mandate, on April 20, 2005, DOT published a draft Technical Assistance 
Manual (TAM) relating to air travel by passengers with disabilities and 
requested public comment. (70 FR 20640). DOT received comments from 
three trade associations for carriers [Air Transport Association of 
America (ATA), Regional Airline Association (RAA), and International 
Air Transport Association (IATA)], one U.S. carrier [Delta Air Lines 
(Delta)], one foreign carrier [Mexicana Airlines (Mexicana)] and two 
individuals for a total of seven comments on the draft TAM. The 
Department has revised the TAM based on the public comments received 
and to include several clarifications to make the TAM easier to read 
and understand.

Discussion of Public Comments

1. General Comments

    ATA, IATA, and RAA expressed concern that publication of the TAM at 
this time would be premature and suggested delaying its publication 
pending the conclusion of the rulemakings regarding part 382, i.e. the 
Notice of Proposed Rulemaking (NPRM) extending part 382 to foreign 
carriers (69 FR 64364), an NPRM still in preparation to accommodate 
passengers who are deaf, hard of hearing and deaf-blind, and an NPRM 
still in preparation concerning the needs of passengers who require in-
flight medical oxygen. ATA and RAA argued that finalizing the TAM 
before completing the upcoming rulemakings involving part 382 would be 
counterproductive and contrary to congressional intent since these 
rulemakings would likely require significant revisions to the TAM. IATA 
further stated that it cannot comment on the TAM as it views it as a 
``work in progress'' that will be subject to several changes in the 
future. On the other hand, Mexicana commented that, although the final 
rule modifying part 382 to cover foreign air carriers has not yet been 
issued, it believed that the TAM would be helpful in assisting and 
guiding foreign carriers in implementing programs and policies that 
fulfill the general obligations of non-discrimination on the basis of 
disability in air travel.
    As a separate matter, IATA noted that it found the TAM to be too 
lengthy and complex to be easily understood by individuals whose native 
language is not English and suggested that DOT develop a plain language 
version.
    DOT also received comments from members of the general public. One 
individual requested that DOT not allow the use of cellular telephones 
onboard aircraft in flight. Another commenter implied that DOT is 
making changes to its disability rules without public comment/
consultation and appeared to be asking DOT to consult with members of 
the public before making any changes to its disability-related 
regulations. This commenter also seemed concerned about the risk to his 
health or safety if carriers permit an individual who has a 
communicable disease or infection to fly on an aircraft and asked that 
DOT require carriers to operate ``a safe, healthful plane.''
    DOT Response: DOT appreciates the reason that several commenters 
recommended that the publication of the TAM be delayed until the 
upcoming rulemakings regarding part 382 have been completed. However, 
there has already been too lengthy a delay in the publication of this 
TAM. Congress required DOT to provide a technical assistance manual to 
air carriers and individuals with disabilities in April 2000, and it is 
likely that the rulemakings regarding part 382 will not be finalized 
until at least 2006. Therefore, DOT opts not to delay completion of the 
TAM. The TAM will be revised, as needed, after the rulemakings are 
completed.
    With regard to the comment that the TAM is too lengthy and the 
recommendation that DOT develop a plain language version for use by 
individuals whose native language is not English, DOT believes that the 
TAM, as written, is straightforward and written in plain English. DOT 
does recognize that the TAM is a lengthy document, which is primarily a 
result of our effort to ensure that each section of the TAM is a 
separate ``stand alone document.'' Because the TAM follows the 
chronological path of an air traveler with a disability from making a 
reservation through the completion of the trip and each subject is 
discussed in the context of the particular stage of the trip, a 
particular topic may be raised in more than one section. DOT will 
revisit the issue of whether to restructure the TAM for greater 
clarity, including using additional ``plain language'' techniques 
(e.g., question and answer format) to the extent feasible to improve 
the clarity of the TAM, at the time that the TAM is revised to reflect 
changes in part 382 that may result from the current and anticipated 
rulemakings.
    With respect to the comments received from members of the public, 
they do not necessitate any changes to the TAM. Cellular telephone 
usage on aircraft is not addressed in the TAM and is outside the TAM's 
scope. As for the comment regarding consultation with members of the 
public prior to the issuance of a disability rule, DOT has always and 
will continue to provide public notice of any rulemaking in accordance 
with the Administrative Procedure Act (APA). DOT has even gone beyond 
APA requirements to provide notice to the public of guidance documents 
such as the publication of this TAM in the Federal Register. Finally, 
with regard to the comment that DOT mandate carriers to operate a safe 
and healthful aircraft, DOT believes that carriers already do provide 
such flights for their passengers. Further, the Federal Aviation 
Administration (FAA) and not OST is the agency that issues air carrier 
safety regulations.

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2. Chapter 1: Understanding How To Use This Manual

    One carrier and two carrier associations sought further assurances 
from DOT that the TAM's use would not be mandatory and that the TAM 
would not expand air carriers' legal obligations under part 382. To 
this end, there was a suggestion that DOT add language in the 
introduction of the TAM stating clearly that the TAM is a guidance 
document and that the TAM's language and examples provided are 
consistent with, and do not exceed, current law.
    DOT Response: DOT restates its position that the TAM does not 
impose additional legal obligations on carriers. Further, as requested, 
DOT has added language in the introduction of the TAM to explain that 
the TAM does not expand air carriers' legal obligations or establish 
new requirements under the law. DOT also clarifies that it is not 
mandating the use of the TAM but rather encouraging its use to ensure 
the proper implementation of part 382.

3. Chapter 2: Learning the Basics About the Law Protecting Air 
Travelers With Disabilities

    ATA expressed concern that DOT is creating an impression that a 
violation of the ACAA and part 382 occurs in circumstances where an air 
carrier chooses to provide ground transportation and overnight 
accommodations to passengers because of a flight cancellation but is 
unable to provide accessible ground transportation and overnight 
accommodations to a passenger with a disability. It further remarked 
that air carriers will make every reasonable effort to locate and 
provide accessible ground transportation and accommodations but such 
accommodations may not always be available. The carrier association 
also disputes DOT's interpretation that section 382.39(a)(1) requires 
an air carrier to provide personnel to assist passengers with 
disabilities in carrying baggage through the airport terminal.
    DOT Response: A violation of the ACAA and part 382 does occur in 
circumstances where an air carrier chooses to provide ground 
transportation and overnight accommodations to passengers because of a 
flight cancellation but is unable to provide accessible ground 
transportation and overnight accommodations to a passenger with a 
disability. Section 382.7(a)(3) prohibits a carrier from excluding a 
passenger with a disability from or denying the person the benefit of 
any air transportation or related services that are available to other 
persons except when specifically permitted by another section of part 
382. Further, ground transportation companies and hotels are required 
to comply with the Americans with Disabilities Act. As a result, 
carriers should not have difficulty in locating accessible ground 
transportation and overnight accommodations for a passenger with a 
disability. Of course, DOT recognizes that there may be unusual 
circumstances under which carriers may not be able to provide 
accessible ground transportation and hotel accommodation to a passenger 
with a disability but such a failure would still be a violation of the 
ACAA and part 382. In such situations, DOT's Aviation Enforcement 
Office may choose to use its discretionary power and not pursue 
enforcement action if the carrier can demonstrate that it made every 
reasonable effort to locate and provide accessible ground 
transportation and accommodations but they simply were not available.
    With respect to ATA's assertion that section 382.39(a)(1) does not 
require carriers to assist passengers with disabilities in carrying 
their baggage through the airport terminal, DOT disagrees. DOT believes 
that implicit in the requirement to provide enplaning, deplaning and 
connecting assistance is the obligation of carriers to assist 
passengers with disabilities with carry-on or gate-checked luggage as 
they go between connecting flights or between a terminal entrance and a 
gate.

4. Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip

    ATA contends that the example DOT provided of a passenger with a 
disability who does not meet the advance notice requirement to check-in 
his battery-powered wheelchair and spillable battery is misleading and 
misstates the requirement in section 382.33(c) because it implies that 
the late-arriving passenger and not the air carrier makes the 
determination as to whether the service or accommodation can be 
provided without delaying the flight. ATA also strongly disagrees with 
the DOT's interpretation that section 382.35 requires an air carrier to 
provide free transportation to a person who volunteers to be an 
attendant for a disabled passenger that the carrier insists needs an 
attendant over the passenger's objection.
    Delta expressed serious concerns that the draft TAM states that the 
carrier should be able to provide information to a passenger regarding 
seats unavailable for use by an individual with a disability (e.g., 
exit row seat) and the location of seats with a movable armrest. Delta 
explained that it would not be able to provide information about the 
seats on its aircraft if a passenger makes a flight reservation more 
than a few days in advance of his/her flight because the specific 
location of seats is determined by ship number and the carrier assigns 
an aircraft to a specific flight by ship number only two or three days 
in advance of the flight. The carrier also asked that the language in 
the service animal section be clarified so it is clear that current 
regulations require that another seat be offered if a service animal 
cannot be accommodated at the passenger's assigned seat only when a 
seat exists in the same class of service.
    Mexicana objected to language in the draft TAM indicating that 
carrier personnel would be required to make a determination as to 
whether a communicable disease poses a direct threat to the health or 
safety of others by an assessment based on reasonable judgment relying 
on ``current medical knowledge'' or the ``best available objective 
evidence.'' The carrier expressed concern that this requirement would 
be an undue burden and create extensive legal liabilities for the 
carrier.
    DOT Response: It was not DOT's intention to imply that a late-
arriving passenger who wants to check-in his or her battery-powered 
wheelchair would make the determination as to whether the service can 
be provided without delaying the flight. Under section 382.33(c), if a 
passenger does not meet advance notice or check-in requirements, the 
carrier must nonetheless provide the service requested if it can do so 
by making a reasonable effort. The advance notice provision allows 
carriers sufficient time to prepare to make whatever special 
arrangements may be needed to provide certain requested accommodations. 
However, if advance notice is not provided, it has always been DOT's 
intention that the carrier would make the determination as to whether 
it can provide the requested accommodation by making a reasonable 
effort. The advance notice example involving Mr. Thomas provided in the 
TAM discusses Mr. Thomas' perception that it is feasible to provide the 
requested accommodation without delaying the flight but properly states 
that the carrier must accommodate Mr. Thomas, his battery-powered 
wheelchair and the spillable battery even though Mr. Thomas did not 
provide advance notice ``[i]f this is the case,'' i.e., if it is 
feasible to provide the requested accommodation without delaying the 
flight. In other words, the requirement for a carrier to provide the 
requested

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accommodation applies even if advance notice has not been provided if 
it can be accomplished through reasonable efforts and this 
determination is for the carrier, not a passenger, to make.
    DOT has modified the language in the TAM regarding service animals 
to clarify that if a service animal cannot be accommodated at the 
passenger's assigned seat then a carrier is required to offer that 
passenger another seat in the same class of service. The carrier is not 
obligated to offer a seat in a better class of service (e.g., first 
class seat instead of coach seat) to accommodate the disability.
    DOT declines to modify language in the TAM pertaining to 
information carriers should provide passengers with a disability 
regarding seats unavailable for their use (e.g., exit row seat) and the 
location of seats with a movable armrest. The TAM accurately discusses 
the requirement in section 382.45(a)(1). It states that accessibility 
information pertaining to the specific aircraft scheduled for a 
specific flight is required when feasible (emphasis added). In 
addition, the non-mandatory word ``should'' rather than ``must'' is 
used to describe the carriers' obligation to provide information about 
aircraft accessibility for passengers with a disability which leaves 
open the possibility that there may be times when carriers would not be 
violating 382.45(a)(1) by not providing the requested information 
because it was not feasible to do so.
    With respect to the comment concerning communicable diseases, DOT 
cannot change the TAM provision that carriers make a determination as 
to whether a communicable disease poses a direct threat to the health 
or safety of others. This requirement is set forth in section 
382.51(b)(3) and it would not be appropriate for DOT to change or 
modify an existing requirement set forth in part 382 through the TAM. 
The TAM is the appropriate vehicle to clarify or explain the 
requirements in part 382 to ensure their proper implementation but is 
not the appropriate place to add, reduce, or change carriers' 
obligations. Requests for change to carriers' current obligations 
regarding communicable diseases would be more appropriate for 
consideration in a rulemaking process.
    With regard to the attendant issue, DOT disagrees with the 
commenter and interprets section 382.35 to require a carrier to cover 
the cost of transportation for a safety attendant who is required by a 
carrier over the objection of a passenger with a disability. Carriers 
are required not to charge for the transportation of a safety assistant 
(including providing a refund to a ticketed passenger who serves as a 
safety assistant) where a carrier's assessment that such assistance is 
needed is contrary to a disabled individual's self-assessment. 
According to the rule, the attitude of the safety assistant (i.e., 
willingness to volunteer for free) does not matter. The free-
transportation provision for safety attendants is not new and has been 
required of carriers since 1990. Of course, the carrier may select the 
most cost-effective manner to comply with the requirement whether that 
means selecting its own personnel or a non-revenue passenger to serve 
as a safety attendant or soliciting volunteer passengers in exchange 
for a free one-way ticket.

5. Chapter 5: Assisting Air Travelers With Disabilities Boarding, 
Deplaning, and During the Flight

    Delta recommended that, in the section that addresses the stowage 
and treatment of personal equipment used by passengers with a 
disability, DOT include specific citations to the applicable FAA safety 
regulations and DOT hazardous materials regulations that govern items 
that can and cannot be brought aboard aircraft, e.g., ventilators/
respirators, non-spillable batteries.
    Mexicana believes that the language in the TAM regarding assisting 
passengers with the use of on-board wheelchairs inaccurately states 
that the carrier has the responsibility to transfer a disabled 
passenger from his or her seat to the aisle chair to enable him/her to 
move to and from the lavatory. Mexicana requested that DOT include 
language in the TAM that states that lifting and carrying a passenger 
with a mobility impairment from his/her seat to an aisle chair is not 
required to comply with section 382.39(b)(3). The carrier argued that 
requiring the lifting or carrying of a passenger to the aisle chair 
from his/her seat could lead to serious injury to carrier personnel 
and/or the passenger.
    DOT Response: DOT is not convinced that it would be useful to 
provide specific citations to FAA safety and DOT hazardous materials 
regulations with respect to items that can and cannot be brought aboard 
aircraft because the TAM would need to be amended each time that there 
is a change in the FAA safety or DOT hazardous materials regulations. 
Also, carriers may unduly rely on the citations provided in the TAM and 
not keep up to date on changes in the FAA safety or DOT hazardous 
materials regulations that may occur over time.
    DOT declines to makes changes to the language in the TAM regarding 
assisting passengers with the use of on-board wheelchairs as it 
accurately describes the requirement in section 382.39(b)(3). Although 
section 382.39(b)(3) does not explicitly state that assisting a 
passenger with the use of an on-board wheelchair includes transferring 
the passenger from his/her seat to the aisle chair, the preamble of the 
originally issued part 382, dated March 6, 1990, does make this point 
clearly. 55 FR 8008. The preamble to the 1990 rule contains a detailed 
discussion on required carrier personnel assistance to persons using 
on-board chairs. It addresses comments from air carrier associations, 
similar to the one made by the commenter on the TAM, that carrier 
personnel should not be required to assist with the use of an on-board 
wheelchair because of risks of injury. DOT decided, in 1990, that an 
on-board chair is not a device in which an individual with a disability 
can be independently mobile and carrier personnel must assist a 
disabled passenger not only by pushing him/her in an on-board chair but 
also by lifting the passenger onto the on board aisle chair when 
necessary.

6. Appendix III: Frequently Asked Questions

    ATA commented that the draft TAM is inaccurate and misleading when 
it states that section 382.39 requires carriers (i) to provide 
wheelchair enplaning help, on request, from the curb to the airplane on 
departure, and from the airplane back out to the curb upon arrival; and 
(ii) to assist a disabled passenger in claiming his or her checked 
luggage before assisting him/her in a wheelchair to the curb if 
requested. ATA noted that these details are not addressed in the 
current part 382 and are the subject of the November 4, 2004, NPRM 
proposing to revise part 382 to update, reorganize and clarify the rule 
and to implement a statutory requirement to cover foreign air carriers 
under the ACAA.
    DOT Response: DOT disagrees with the commenter and views section 
382.39 as requiring enplaning assistance from the curb at the entrance 
to the terminal to the aircraft and deplaning assistance from the 
aircraft to the curb at the exit of the terminal when requested by a 
disabled passenger. This is not a new DOT interpretation. Also, DOT 
believes that implicit in the requirement to provide enplaning, 
deplaning and connecting assistance is the obligation of carriers to 
assist passengers with disabilities with carry-on or gate-checked 
luggage as they go between connecting flights or between a terminal 
entrance and a gate. DOT acknowledges that these details are

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covered in the November 4, 2004, NPRM as ATA pointed out; however, the 
NPRM is making a clarification of an existing requirement and not 
proposing to establish a new rule. Indeed, the 2004 NPRM explains that 
it is stating the obligation explicitly to avoid any misunderstanding.

Discussion of Changes to TAM Unrelated to Public Comments Received

    DOT has made several clarifying changes to the technical assistance 
manual proposed on April 20, 2005, that are not based on public 
comment. The changes consist primarily of the following: (1) Clarifying 
in the example provided in Chapter 2 regarding Adam (a passenger who 
has had severe epileptic seizures in the past) that airline personnel 
must reasonably believe that there is a real safety risk to him or a 
direct threat to other passengers to lawfully deny transport to him; 
(2) explaining in the example provided in Chapter 3 under communicable 
diseases of a passenger who appears to have chicken pox that airline 
personnel should make a determination as to whether the passenger poses 
a direct threat to the health or safety of others based on the 
seriousness of the health risk and the ease of disease transmittal; and 
(3) suggesting in Chapter 6 that whenever a passenger raises a 
disability-related concern that carrier personnel should advise the 
passenger of the existence of the Department's aviation consumer 
disability hotline for resolving issues related to disability 
accommodations. DOT believes that these changes to the TAM will make it 
a more useful document.

    Issued this 8th day of July, 2005, at 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 the Air Carrier Access Act (ACAA) and Its Implementing 
Regulations, 14 CFR Part 382 (Part 382)

Table of Contents

Chapter 1: Understanding How To Use This Manual

A. Introduction
B. Background
C. Keyword Definitions

Chapter 2: Learning the Basics About the Law Protecting Air Travelers 
With Disabilities

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 who are Deaf, Hard of Hearing, 
or Deaf-Blind
F. Communicable Diseases
G. Medical Certificates: When are they Allowed?
H. Your Obligation to Provide Services and Equipment
I. Attendants

Chapter 4: Assisting Air Travelers With Disabilities at the Airport

A. Accessibility of Terminal Facilities and Services
B. Security Screenings for Air Travelers with a Disability
C. Air Travelers with a Disability Changing Planes
D. Accommodations for Air Travelers who are Deaf, Hard of Hearing, 
or Deaf-Blind
E. Attendants

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 Personal Equipment
E. Services in the Cabin
F. Safety Briefings

Chapter 6: Assisting Air Travelers With Disabilities With Their 
Complaints

A. Complaint Procedures and Complaints Resolution Officials (CRO's)
B. Process to Resolve Complaints
C. General Complaint Resolution Tips
D. Recording, Categorizing, and Reporting Written Disability-related 
Complaints Received by Carriers

Chapter 7: Interacting With People With Disabilities

Indices

Alphabetical Index
Part 382 Index

Appendices

I. Tips for Air Travelers With Disabilities
II. Airline Management-Related Issues
III. Frequently Asked Questions
IV. Recent DOT Enforcement Orders Related to the ACAA
V. 14 CFR Part 382
VI. DOT Guidance Concerning Service Animals in Air Transportation

Chapter 1: Understanding How To Use This Manual

A. Introduction
B. Background
C. Keyword Definitions

A. Introduction

Purpose of the Manual

    This manual is a guide to the Air Carrier Access Act (ACAA) and its 
implementing regulations, 14 CFR part 382 (part 382). It is designed to 
serve as a brief but authoritative source of information about the 
services, facilities, and accommodations required by the ACAA and the 
provisions of part 382. The manual does not expand air carriers' legal 
obligations or establish new requirements under the law. It contains 
suggested practices and procedures for carriers to use on a voluntary 
basis to implement part 382.
    The primary purpose of the manual is to help you, employees/
contractors of air carriers and employees/contractors of indirect air 
carriers that provide services or facilities to passengers with 
disabilities, to assist those passengers in accordance with the law. 
Knowing your legal responsibilities will help ensure consistent 
compliance with the law and protect the civil rights of air travelers 
with disabilities when providing services, facilities, and 
accommodations to them.
    Throughout the manual, rather than talking about air carriers' or 
indirect air carriers' employees/contractors such as yourself in the 
third person, the word ``you'' is used. In most instances, the word 
``you'' refers to personnel who deal directly with the traveling 
public. Moreover, the obligations and responsibilities under the law as 
set forth in the manual must be read within the context of each 
specific employee's duties on the job.
    A second purpose of this manual is to offer air travelers with 
disabilities information about their rights under the ACAA and the 
provisions of part 382. Accordingly, in addition to the other useful 
information in this manual, Appendix I contains a list of ``Tips for 
Air Travelers with Disabilities'' to help ensure a smooth and 
comfortable trip. In addition, Appendix III provides a list of 
``Frequently Asked Questions'' and answers and Appendix IV contains a 
list of ``Recent DOT Enforcement Orders Related to the ACAA.'' These 
DOT enforcement orders are useful because they provide examples in 
which DOT has interpreted some of the provisions of the ACAA and part 
382 under particular circumstances.

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. 
49 U.S.C. 41705. In

[[Page 41486]]

1990, the Department of Transportation (DOT) issued part 382, the 
regulations defining the rights of passengers with disabilities and the 
obligations of U.S. air carriers under the ACAA. Since then, these 
regulations have been amended a number of times. DOT has also issued 
guidance to air carriers on the ACAA and part 382 in a variety of ways: 
preambles to regulatory amendments, industry letters, correspondence 
with individual carriers or complainants, enforcement actions, Web site 
postings, and informal conversations with the public and air carriers.

Foreign Air Carriers

    On April 5, 2000, the Wendell H. Ford Aviation Investment and 
Reform Act for the 21st Century (``AIR-21''; Pub. L. 106-181) amended 
the ACAA to cover foreign air carriers. Although a final rule modifying 
part 382 to cover foreign air carriers has not yet been issued, in May 
2000 DOT's Office of the Assistant General Counsel for Aviation 
Enforcement and Proceedings (Enforcement Office) issued a notice 
informing the public of its intent to use the provisions of part 382 as 
guidance in investigating any complaints of non-compliance with the 
ACAA by foreign carriers. In addition, in July 2003 DOT amended part 
382 by adding a new section, 382.70, that requires both U.S. carriers 
and foreign carriers to record and report to DOT on written disability-
related complaints that they receive. At the present time, section 
382.70 is the only provision of part 382 that specifically states that 
it applies to foreign carriers. Finally, a notice of proposed 
rulemaking (NPRM) proposing to extend the other provisions of part 382 
to foreign carriers was published on November 4, 2004. Therefore, while 
the majority of this manual does not expressly apply to foreign 
carriers, they should look to this document and part 382 in satisfying 
their general nondiscrimination obligations under AIR-21 and DOT's May 
2000 guidance.

Development 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. This manual responds to that mandate. 
In creating this manual, DOT held meetings with representatives from 
the disability community, air carriers, and organizations that contract 
with air carriers to provide disability-related services. Those who 
attended the meetings made suggestions for this manual. All of these 
suggestions have been thoroughly considered by DOT and incorporated 
where appropriate.

ACCESS

    A step-by-step process for resolving issues involving passengers 
with disabilities appears later in this manual. Whether the issue is a 
matter of law, customer service, or both, the ACCESS checklist will be 
useful in identifying the needs of passengers with disabilities and 
determining what accommodations the air carriers are required to 
provide as a matter of law. See Chapter 6, section B.

How To Use This Manual

    This manual is structured in the same sequence as the steps a 
passenger would encounter on a trip, i.e., requirements concerning
     Planning a flight,
     The airport experience,
     Enplaning, deplaning, and making connections,
     Services during a flight, and
     Responding to disability-related complaints.
    This manual contains the following tools to assist you in quickly 
and easily finding the answer to your questions:
     A Table of Contents at the beginning 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.
    Also, the following appendices appear at the end of the manual:
     Appendix I: ``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 II: A list of concerns applicable mainly to air 
carrier management, as opposed to frontline customer service personnel;
     Appendix III: A list of ``Frequently Asked Questions'' and 
answers;
     Appendix IV: A list of ``Recent DOT Enforcement Orders 
Related to the ACAA'';
     Appendix V: The full text of part 382; and
     Appendix VI: The DOT document ``Guidance Concerning 
Service Animals in Air Transportation.''

Themes of This Manual

Legal Requirements and Customer Service
    This manual highlights the difference between actions you must take 
according to the law as stated in part 382 and actions that you may 
choose to take in an effort to provide superior customer service to 
passengers with disabilities. Legal requirements are generally 
designated by the words, ``must'' or ``shall'' 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 FAA safety regulations. Where 
different treatment of passengers with disabilities or other 
restrictions are mandated by an FAA safety regulation, part 382 allows 
you to comply with the FAA 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 can 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 can properly deny transportation to such passengers.
    However, where an optional carrier action that is not required by 
FAA 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 even if it might ensure safety. For instance, 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 safety requirements as it 
allows you to follow FAA safety rules and to ensure that the safe 
completion of the flight or the health and safety of other passengers 
are not jeopardized. Determinations about whether an FAA rule 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 disabilities 
and their traveling companions and make a reasonable

[[Page 41487]]

judgment considering all available information.
    The FAA safety mandates can be found in the Code of Federal 
Regulations (14 CFR parts 60 through 139), FAA guidance interpreting 
these regulations, and Airworthiness Directives (see http://www.faa.gov, click on ``Aircraft Guidance'' and then click on 
``Airworthiness Directives'').
Security
    This manual addresses security procedures, particularly those 
enacted after the terrorist hijackings and tragic events of September 
11, 2001, which affect or may affect the types of accommodations and 
services provided to passengers with disabilities. Similar to the 
situation involving FAA safety requirements, part 382 is consistent 
with security requirements mandated by the Transportation Security 
Administration (TSA). For example, TSA has strict rules as to which 
persons can go beyond the screener checkpoints, but these TSA rules are 
consistent with part 382 and do not invalidate your obligation to 
provide enplaning and deplaning assistance requested by passengers with 
disabilities, including assistance beyond screener checkpoints. You do 
have discretion in how that assistance is provided. You can provide (i) 
a ``pass'' allowing an individual who needs to assist a passenger with 
a disability to go through the screener checkpoint without a ticket; 
(ii) assistance directly to the passenger; or (iii) both.
Contractors
    This manual recognizes the important role that contractors play in 
providing services, equipment, and other accommodations to passengers 
with disabilities. A contactor is an entity that has a business 
arrangement with an air carrier to perform functions that the ACAA and 
part 382 would otherwise require the air carrier to perform with its 
own employees. Contractors provide a variety of services on behalf of 
air carriers in furnishing assistance to persons with disabilities. For 
example, contractors often provide wheelchair service, assist 
passengers with disabilities on and off aircraft, transport passengers 
with disabilities between departure gates, and work as baggage handlers 
who handle passengers' wheelchairs and other assistive devices. 
Contractors must provide the same services, equipment, and other 
accommodations required of an air carrier and its employees by the ACAA 
and part 382. As an employee of a contractor, you are therefore 
required to follow the mandates of the ACAA and part 382 when providing 
services, equipment, and other accommodations to passengers with 
disabilities. If you do not follow the mandates of the ACAA and part 
382, the air carrier is subject to enforcement action by DOT for your 
failure.

C. Keyword Definitions

    Following is a list of key words whose definitions will help you 
fully understand this manual.
    Air Carrier: Any United States company that provides air 
transportation, either directly or indirectly or by a lease or any 
other arrangement. [Sec. 382.5]
    Air Carrier Airport: A public, commercial service airport which 
enplanes annually 2,500 or more passengers and receives scheduled air 
service. [Sec. 382.5]
    Air Transportation: Interstate, overseas, or foreign air 
transportation, or the transportation of mail by aircraft, as defined 
in the Federal Aviation Act (recodified as 49 U.S.C. 40101 et seq.). 
[Sec. 382.5]
    Assistive Device: Any piece of equipment that assists a passenger 
with a disability in carrying out a major life activity. Assistive 
devices are those devices or equipment used to assist a passenger with 
a disability in caring for himself or herself, performing manual tasks, 
walking, seeing, hearing, speaking, breathing, learning, working, or 
performing other functions of daily life. Assistive devices may include 
medical devices, medications, and bags or cases used to carry them.
    Complaints Resolution Official (CRO): One or more individuals 
designated by each air carrier who must be thoroughly familiar with the 
requirements of part 382 and the air carrier's policies and procedures 
addressing part 382 and the provision of services, facilities, and 
accommodations to passengers with disabilities. A CRO must have the 
authority to resolve disability-related complaints on behalf of an air 
carrier. A CRO must be available to address disability-related 
complaints presented by passengers or other individuals. A CRO must be 
available [1] in person at the airport; or [2] via telephone or TTY at 
all times an air carrier is operating. [Sec. 382.65]
    Contractor: A contactor is an entity that has a business 
arrangement with an air carrier to perform functions that the air 
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. [Sec. 382.7]
    Contractor Employee: An individual that works for an organization 
that has a business arrangement with one or more air carriers to 
provide services, facilities, and other accommodations to passengers 
with disabilities. [Sec. 382.7]
    Department or DOT or U.S. Department of Transportation: The Federal 
agency that works to ensure a fast, safe, efficient, accessible, and 
convenient transportation system that meets the Nation's vital national 
interests and enhances the quality of life of the American people. DOT 
has nine operating administrations, in addition to the Office of the 
Secretary of Transportation (OST): Bureau of Transportation Statistics, 
Federal Aviation Administration (FAA), Federal Highways Administration, 
Federal Railroad Administration, Federal Transit Administration, 
Maritime Administration, National Highway Transportation Safety 
Administration, Research and Special Programs Administration, and the 
St. Lawrence Seaway Development Corporation. [Sec. 382.5] The 
responsibility for implementing the ACAA resides in OST.
    DOT Disability Hotline or Hotline: The toll free telephone hotline 
system that provides general information about the rights of air 
travelers with disabilities, responds to requests for information, and 
assists air travelers with time-sensitive disability-related issues. 
Members of the public may call 1-800-778-4838 (voice) or 1-800-455-9880 
(TTY) from 7 a.m. to 11 p.m. Eastern time, seven days a week to receive 
assistance regarding air travel by individuals with disabilities.
    FAA: The Federal administration that oversees the safety of our 
Nation's civil aviation system. Safety is the first and foremost 
mission of the FAA and includes the issuance and enforcement of 
regulations and standards related to the manufacture, operation, 
certification, and maintenance of aircraft. [Sec. 382.5]
    Facility: All or any portion of aircraft, buildings, structures, 
equipment, roads, walks, parking lots, and any other real or personal 
property, normally used by passengers or prospective passengers 
visiting or using the airport, to the extent that the carrier exercises 
control over the selection, design, construction, or alteration of the 
property. [Sec. 382.5]
    Indirect Air Carrier: A company not directly involved in the 
operation of an aircraft that sells air transportation services to the 
general public, such as tour and charter operators. [Sec. 382.5]

[[Page 41488]]

    Individual with a Disability: Any individual who:
     Has a physical or mental impairment that, on a permanent 
or temporary basis,
     Substantially limits one or more major life activities,
     Has a record of such an impairment, or
     Is regarded as having such an impairment. [Sec. 382.5]
    Qualified Individual with a Disability: An individual with a 
disability who:
     Accompanies or meets a traveler using airport facilities;
     Seeks information about schedules, fares, or policies;
     Attempts to use facilities or services offered to the 
general public by an air carrier;
     Has a ticket, or makes a good faith attempt to buy a valid 
ticket for a flight;
     Arrives with a valid ticket for the flight; and
     Meets reasonable, nondiscriminatory requirements 
applicable to all passengers. [Sec. 382.5]
    Service Animal: Any animal that is individually trained or able to 
provide assistance to a qualified person with a disability or any 
animal shown by documentation to be necessary for the emotional well 
being of a passenger. With respect to emotional support animals, 
although carriers may require documentation to verify that an animal is 
an emotional support animal, such documentation is not required under 
the law.
    Dogs, cats, and monkeys are among those that have been individually 
trained and act as service animals. Service animals may assist people 
with disabilities by, for example:
     Guiding persons with vision impairments;
     Alerting persons with deafness to specific sounds;
     Alerting persons with epilepsy of imminent seizure onset;
     Pulling a wheelchair;
     Assisting persons with mobility impairments with balance; 
and
     Providing emotional support for persons with disabilities. 
[Sec. 382.55]
    Text Telephones (TTY) or Telecommunications Devices for the Deaf 
(TDD): TTYs, also called TDDs, 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. The TTY benefits 
people who are deaf, hard of hearing, or speech impaired and 
individuals seeking to communicate with them. The conversation is typed 
back and forth and is displayed on a lighted display screen, a paper 
print-out in the TTY/TDD device, or a computer screen using specialized 
TTY software. A TTY may also be used to place a relay call to a party 
with a regular telephone. See Chapter 4, Section D.
    Transportation Security Administration (TSA): An administration 
within the Department of Homeland Security that is charged with 
protecting the security of the Nation's transportation systems to 
ensure freedom of movement for people and commerce. The Aviation and 
Transportation Security Act, signed into law on November 19, 2001, 
brought airport security (including the responsibility to hire, train, 
manage, and discipline security screeners) under the direct authority 
of the TSA.

Chapter 2: Learning the Basics About the Law Protecting Air Travelers 
With Disabilities

     What does the Air Carrier Access Act (ACAA) say? The ACAA 
prohibits U.S. and foreign air carriers from discriminating against an 
air traveler with a disability on the basis of such disability (49 
U.S.C. 41705).
     What is 14 CFR Part 382 (part 382)? Part 382 is a detailed 
set of rules that define air carriers' responsibilities under the ACAA 
and ensures that individuals with disabilities will be treated without 
discrimination consistent with the safe carriage of all passengers.
     Who has to follow part 382? The following organizations 
and individuals must comply with part 382: (1) Air carriers and their 
employees (e.g., ticket and gate agents, flight attendants, baggage 
handlers, pilots, etc.); (2) authorized agents of an air carrier (e.g., 
travel agents); (3) organizations and their employees that have 
business arrangements with air carriers to provide disability-related 
services (e.g., wheelchair service, baggage handling, etc.); and (4) 
indirect air carriers and their employees (e.g., tour operators) that 
provide facilities, services, or other accommodations to passengers 
with disabilities.
     Who is protected by part 382? Part 382 protects three 
categories of individuals with disabilities: (1) Individuals who have a 
physical or mental impairment that, on a permanent or temporary basis, 
substantially limits one or more major life activities; (2) individuals 
who have a record of such impairment; and (3) individuals who are 
regarded as having such an impairment, whether they have the impairment 
or not.
     What is a physical or mental impairment?
    Physical impairments include (1) physiological disorders or 
conditions; (2) cosmetic disfigurements; or (3) anatomical loss 
affecting one or more of the following body systems: neurological, 
musculoskeletal, special sense organs, respiratory including speech 
organs, cardiovascular, reproductive, digestive, genitourinary, hemic 
and lymphatic, skin, and endocrine.

    Examples of physical impairments include orthopedic, visual, 
speech, and hearing impairments, cerebral palsy, epilepsy, muscular 
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV 
disease, drug addition, and alcoholism.
    Mental impairments include mental or psychological disorders, such 
as mental retardation, organic brain syndrome, emotional or mental 
illness, and specific learning disabilities.
    Physical characteristics such as the color of one's eyes, hair, or 
skin, baldness, and left-handedness 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 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, but are not limited to, activities such as caring for oneself, 
performing manual tasks, walking, seeing, hearing, speaking, breathing, 
learning, and working.
     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.
    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.


[[Page 41489]]


     Are temporary mental or physical impairments covered by 
part 382? Yes.

    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 the use of 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 time, Jane would be 
considered to have a disability covered by part 382 during that 
time. You would be required to provide her certain services and 
equipment under part 382 if requested (e.g., enplaning and deplaning 
assistance, connecting wheelchair assistance, seating with 
additional leg room in the same class of service to the extent 
required by part 382, safe stowage of her crutches in the aircraft 
cabin in close proximity to the passenger).

     Who is a person with a ``record of'' a disability under 
part 382? Part 382 protects individuals from discrimination who have a 
``record of'' (history of) a physical or mental impairment that 
substantially limits a major life activity or who have been classified, 
or misclassified, as having such an impairment. Therefore, individuals 
who do not have an actual current 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.

    Example: Adam, a passenger who has had severe epileptic seizures 
in the past that rendered him unable to work, is denied 
transportation by airline 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 seizures in the past, because epilepsy may be 
controlled by medication. Airline 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 direct threat to other passengers.

     When is a person ``regarded as'' having a disability? Part 
382 also 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. People 
can be ``regarded as'' disabled if: (1) Their non-limiting or slightly 
limiting impairments are viewed by others as substantially limiting; 
(2) they have no impairments but are viewed by others as having a 
substantially limiting impairment; or (3) their impairments become 
substantially limiting because of the attitudes of other people.

    Example 1: John, an individual with a mild heart condition 
controlled by medication, is denied transportation because airline 
personnel believe that flying will cause John to have heart problems 
necessitating diversion of the aircraft during flight. John is not 
substantially limited in any major life activity by his condition. 
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 airline 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 John had informed the airline 
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 airline employee is legally required under section 
382.31(e) to provide a written explanation to John within 10 
calendar days setting forth 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 
her presence has upset several passengers who have complained to 
gate agents about her appearance. Karen's physical disfigurement 
becomes substantially limiting only as a result of the attitudes of 
others and she is protected by the provisions of part 382. Refusing 
to provide transportation to Karen would violate section 382.31 
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 the example 
above, and regardless whether the decision to refuse transportation 
was correct, you must provide Karen with a written explanation of 
the specific basis for the refusal within 10 calendar days of the 
incident.

     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.
     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 airline, and 
needs in connection with traveling by air.
     May I ask an individual what his or her disability is? 
Only to determine if a passenger is entitled to a particular seating 
accommodation pursuant to section 382.38. Generally, 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 
enplaning, deplaning, walking through the airport, etc.

    Example 1: You may not ask a person, ``What is your 
disability?'' You may not ask, ``Do you have diabetes?''
    Example 2: You may ask, ``Can you walk from the gate area to 
your aircraft seat?'' You may ask, ``Are you able to transfer from 
the aisle chair over a fixed aisle seat armrest?'' You may ask, 
``Can you walk from this gate to your connecting gate?'' You may ask 
(by writing a note if necessary), ``Do you need me to notify you if 
I make any announcements over the public address speaker?''
    Example 3: Susan asks for a bulkhead seat because the condition 
of her leg necessitates her need for greater legroom. You may ask, 
``Are you unable to bend your leg or is your leg fused or 
immobilized?'' [Sec. 382.38]

     What are some of the requirements of part 382 that you 
should be aware of? Following are some of the principal requirements of 
part 382. It is important to note that the requirements of part 382 
listed below are not meant to be exhaustive. Rather, it is a list of 
requirements governing situations that you are likely to encounter on a 
regular basis.
     You must not discriminate against qualified individuals 
with a disability. [Sec. 382.7(a)(1)] You must not require a passenger 
with a disability to accept special services (including, but not 
limited to, pre-boarding) not requested by the passenger. [Sec. 
382.7(a)(2)] Instead, you may ask a passenger with a disability if he 
or she would like a particular service, facility, or other 
accommodation. In addition, you must not exclude a qualified individual 
with a disability from or deny the individual the benefit of any air 
transportation or related services that are available to other 
passengers. [Sec. 382.7(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.
     You must not refuse transportation to a passenger solely 
on the basis of a disability. [Sec. 382.31(a)]
     You must provide transportation to an individual 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 individuals 
with disabilities even if the disability may offend, annoy, or 
inconvenience crewmembers or other passengers. [Sec. 382.31(b)] 
However, if the person's disability results in

[[Page 41490]]

involuntary behavior that would or might be inimical to the safety of 
the flight, then the person may properly be refused transportation. 
[Sec. 382.31(d)]
     You shall not limit the number of individuals with 
disabilities on a particular flight. [Sec. 382.31(c)]
     If transportation of a passenger with a disability would 
endanger the safety of the aircraft or the health or safety of its 
passengers or violate an FAA safety regulation, you may refuse 
transportation to the individual with a disability. [Sec. 382.31(d)]
     You shall not require a passenger with a disability to 
travel with an attendant or to present a medical certificate, except in 
very limited circumstances. [Secs. 382.35(a) and 382.53(a)]
     You shall not exclude a passenger with a disability from 
any seat in an exit or other row solely on the basis of his or her 
disability except to comply with FAA safety rules. FAA safety rules 
establish criteria that must be met in order for a passenger to occupy 
a seat in the emergency exit rows. [14 CFR 121.585] If a passenger with 
a disability meets these FAA criteria, he or she must be allowed to sit 
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 FAA criteria for exit-row seating. [Sec. 
382.37(a)]
     You must provide timely enplaning, deplaning, and 
connecting assistance to passengers with disabilities requesting such 
assistance. As part of this duty, you must provide equipment (e.g., 
wheelchairs, electric carts, and aisle chairs) and personnel (e.g., 
individuals to propel wheelchairs and aisle chairs and individuals to 
assist passengers with disabilities in carrying and stowing their 
baggage). [Secs. 382.39(a)(1) and 382.39(b)(5)]
     You must allow a passenger with a disability to stow his 
or her cane or other assistive device inside the cabin of the aircraft 
close to his or her seat if it fits, consistent with FAA safety rules 
on carry-on items. [Sec. 382.41(c)]
     You must allow passengers to safely stow their wheelchairs 
or parts of wheelchairs (e.g., wheels, seats, etc.) in the overhead bin 
or under seats. [Sec. 382.41(e)(1)]
     You must ensure that there is space for at least one 
passenger with a disability to stow a folding wheelchair in the cabin 
of the aircraft if the aircraft has a designed seating capacity of 100 
or more seats and the aircraft was ordered after April 5, 1990, or 
delivered after April 5, 1992. [Sec. 382.21(a)(2)]
     If there is a closet or other approved stowage area for 
passengers' carry-on items of sufficient size to accommodate a folding, 
collapsible, or break-down wheelchair, the carrier must designate 
priority stowage space for at least one wheelchair in that area. A 
passenger with a disability who takes advantage of the offer of the 
opportunity to pre-board may stow his or her wheelchair in this area 
with priority over other carry-on items brought onto the aircraft by 
other passengers and flight crew enplaning at the same airport. A 
passenger with a disability who does not pre-board may use this space 
to stow his or her wheelchair on a first-come, first-served basis along 
with other passengers stowing their carry-on items. [Sec. 382.41(e)(2)]
     You must have a copy of Part 382 available at every 
airport you serve. Upon request by a passenger at the airport, you must 
make a copy available for review. [Sec. 382.45(d)]
     You must provide blind or visually-impaired passengers and 
passengers who are deaf, hard of hearing, or deaf-blind, timely access 
to the same information given to other passengers at the airport or on 
the airplane. This includes, but is not limited to, information 
concerning gate assignments, delayed flights, and safety. [Secs. 
382.45(c) and 382.47]
     You must allow service animals to accompany passengers 
with disabilities in the cabin consistent with FAA safety requirements. 
You must allow the service animal to sit in close proximity to its 
user, as long as the service animal does not block the aisle or other 
emergency evacuation route in violation of FAA safety regulations. 
Often this will mean that the service animal will sit under the seat in 
front of the disabled passenger 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 two years of 
age) of roughly the same size. [Sec. 382.55]
     You must make available a Complaints Resolution Official 
(CRO) at the airport--in person or by telephone or TTY--to address 
disability-related complaints that arise during the travel process at 
all times when your flights are operating at that airport. 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. [Sec. 382.65]
     You must not charge for services that are required by part 
382. This means, for example, you must 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, i.e., optional 
services. Examples of such optional services include medical oxygen for 
use on board an aircraft or stretcher service. [Sec. 382.57]
     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.

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 who are Deaf, Hard of 
Hearing, or Deaf-Blind.
    F. Communicable Diseases.
    G. Medical Certificates: When are They Allowed?
    H. Your Obligation to Provide Services and Equipment.
    I. Attendants.

A. Advance Notice

    You cannot require passengers with disabilities to provide advance 
notice of their intention to travel or of their disability except as 
provided below. [Sec. 382.33(a)]

Advance Notice Only for Particular Services and Equipment

    You may require up to 48 hours' advance notice and one hour's 
advance check-in from a passenger with a disability who wishes to 
receive the following services:
     Transportation for a battery-powered wheelchair on an 
aircraft with fewer than 60 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 travel as a group; and
     Provision of an on-board wheelchair on an aircraft that 
does not have an accessible lavatory for passengers with disabilities 
who can use an inaccessible lavatory but need an on-board chair to do 
so. [Secs. 382.33(b)(5)-(8)]

    Example: While making his reservation, a passenger with a 
disability gave the

[[Page 41491]]

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 seats and it does not 
have an accessible lavatory. During the call, the passenger is made 
aware of the fact that the lavatory is inaccessible, but explains 
that he can use an inaccessible lavatory as long as he has access to 
a carrier-provided aisle chair. Because the passenger has complied 
with the advance notice requirement here, normally this information 
would have been entered into the passenger's reservation record 
(otherwise 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 more than an hour 
before the scheduled departure time of the flight and asks about the 
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 for him. 
You should ask a colleague and, if necessary, contact a CRO. When 
you ask your colleague, you are told that all aircraft with more 
than 60 seats in your carrier's fleet maintain 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 Optional Services and Equipment

    Although carriers are not required to provide the following 
services or equipment, if they choose to provide them, you may require 
48 hours' advance notice and one hour's advance check-in for:
     Medical oxygen for use on board the aircraft;
     Carriage of an incubator;
     Hook-up for a respirator to the aircraft's electrical 
power supply; and
     Accommodation for a passenger who must travel on a 
stretcher. [Secs. 382.33(b)(1)-(4)]
    If appropriate advance notice has been given and the requested 
service is available on that particular flight, you must ensure that 
the service or equipment is provided.

Make a Reasonable Effort To Accommodate, Even Without Advance Notice

    In addition, even if a passenger with a disability does not meet 
the advance notice or check-in requirement, you must make a reasonable 
effort to furnish the requested service or equipment, provided that 
making such accommodation would not delay the flight. [Secs. 382.33(c) 
and (e)]

    Example 1: Mr. Thomas uses a battery-powered 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 up to New York that afternoon. 
He has no time to provide advance notice regarding the 
transportation of his battery-powered 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?
    Carriers may require 48 hours' advance notice and one-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 
seats. Carriers may require the same advance notice for provision of 
hazardous materials packaging for a battery. However, airline 
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 as long as it would not delay the 
flight.
    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 [Sec. 382.41(g)(2)] or detach, ``box'', and store 
the spillable battery [Sec. 382.41(g)(3)] within about 20-25 
minutes. If this is the case, you must accommodate Mr. Thomas, his 
battery-powered wheelchair, and the spillable battery even though 
Mr. Thomas did not provide advance notice, since doing so would not 
delay the flight.
    Example 2:  Ms. Webster must travel with medical oxygen and 
shows up 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 of medical oxygen for use on board 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 does provide medical oxygen service in that 
market. The passenger should be aware, however, that the provision 
of 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 Aircraft Is Substituted, 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 altogether 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. [Sec. 382.33(f)]

B. Information About the Aircraft

    You should be familiar with and be able to provide information 
about aircraft accessibility for passengers with a disability when they 
request this information. [Secs. 382.21 and 382.45] 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. [Secs. 
382.37(a) and 382.38(j)]
    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;
     The location of seats, if any, in a row with a movable 
aisle armrest and any seats which the carrier does not make available 
to individuals with a disability (e.g., exit rows);
     Any limitation on the availability of storage facilities 
in the cabin or in the cargo bay for mobility aids or other equipment 
commonly used by an individual with a disability; and
     Whether the aircraft has a lavatory accessible to 
passengers with a disability.

C. Mobility Aids and Assistive Devices

    If, in assisting a passenger with a disability, a carrier employee 
or contractor takes apart the passenger's mobility aid or assistive 
device (e.g., a wheelchair), 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. 
[Secs. 382.43(a) and (b)] You must permit passengers with a disability 
to provide written instructions concerning the disassembly and 
reassembly of their wheelchairs. [Sec. 382.41(h)] You cannot require 
passengers with disabilities to sign a waiver of liability for damage 
to or loss of wheelchairs or other assistive devices. [Sec. 382.43(c)] 
However, you may note preexisting damage to wheelchairs or other 
assistive devices.

D. Service Animals \1\
---------------------------------------------------------------------------

    \1\ See also Appendix VI.
---------------------------------------------------------------------------

    A service animal is (i) an animal individually trained and which 
performs functions to assist a person with a disability; (ii) an animal 
that has been shown to have the innate ability to

[[Page 41492]]

assist a person with a disability, e.g., a seizure alert animal; or 
(iii) an emotional support 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.

Service Animal Permitted To Accompany Passenger on Flight and at Seat 
Assignment

    You must permit dogs and other service animals used by passengers 
with a disability to accompany the passengers on their flights. In 
addition, you must permit a dog or other service animal to accompany a 
passenger with a disability to the passenger's assigned seat and remain 
there as long as the animal does not obstruct the aisle or other areas 
that must remain unobstructed for safety reasons. [Sec. 382.55(a)] 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 airline service in the cabin. 
See also Appendix VI, DOT Guidance Concerning Service Animals in Air 
Transportation; FAA Flight Standards Information Bulletin for Air 
Transportation (FSAT) 04-01A, ``Location and Placement of 
Service Animals on Aircraft Engaged in Public Air Transportation'' 
http://www.faa.gov/avr/afs/fsat/fsatl.htm.

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. Switching seats in the same 
class of service must be explored as an alternative before requiring 
that the service animal travel in the cargo compartment. [Sec. 
382.37(c)]

Verification of Service Animals

    Under particular circumstances, you may see a need to verify 
whether an animal accompanying a passenger with a disability qualifies 
as a service animal under the law. You must accept the following as 
evidence that the animal is indeed a service animal:
     The credible verbal assurances of a passenger with a 
disability using the animal,
     The presence of harnesses or markings on harnesses,
     Tags, or
     Identification cards or other written documentation. [Sec. 
382.55(a)(1)]
    Keep in mind that passengers accompanied by service animals may not 
have identification or written documentation regarding their service 
animals. See also Appendix VI, DOT Guidance Concerning Service Animals 
in Air Transportation.
    Carriers may require that passengers traveling with emotional 
support animals present current documentation (i.e., dated within a 
year of the date of travel) from a mental-health professional stating 
that:
     The passenger has a mental health-related disability;
     The passenger needs the animal for the mental-health 
condition; and
     The provider of the letter is a licensed mental-health 
professional (or a medical doctor) and the passenger is under the 
individual's professional care.
    Even if you receive sufficient verification that an animal 
accompanying a passenger is indeed 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 (e.g., accept the 
animal for carriage in the cargo hold).

    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?
    While generally speaking, you must permit a passenger with a 
disability to be accompanied by a service animal, if you have a 
reasonable basis for questioning whether the animal is a service 
animal, you may ask for some verification. Usually no written 
verification is required.
    You may begin by asking questions about the service animal, 
e.g., ``What tasks or functions does your animal perform for 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 animal, you may request further 
verification.
    You should also call a CRO if there is any further doubt in your 
mind as to whether the pot-bellied pig is the passenger's service 
animal.
    Finally, if you determine that the pot-bellied pig is a service 
animal, you must permit the service animal to accompany the 
passenger to her seat as long as the animal doesn't obstruct the 
aisle or present any safety issues and the animal is behaving 
appropriately in a public setting.
    Example 2: A deaf passenger is planning to board the plane with 
his service animal. The service animal is a hearing dog and is small 
enough to sit on the deaf passenger's lap. While waiting to board 
the flight, the hearing dog jumps off the passenger's lap and begins 
barking and nipping at other passengers in the waiting area. What 
should you do?
    Since you have already made the determination that the hearing 
dog is a service animal and may accompany the deaf passenger 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 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.

Requests for Seat Assignments by a Passenger Accompanied by a Service 
Animal

    For a disabled passenger traveling with a service animal, you must 
provide, as the passenger with a disability requests, either a bulkhead 
seat or a seat other than a bulkhead seat. [Sec. 382.38(a)(3)]
    If carriers provide special information concerning the 
transportation of animals outside the continental United States to any 
passengers, you must provide such information to all passengers with a 
disability traveling with a service animal on the flights. [Sec. 
382.55(a)(3)]

E. Accommodations for Air Travelers Who Are Deaf, Hard of Hearing, or 
Deaf-Blind

    If your carrier makes available a telephone reservation and 
information service to the public, you must make available a text 
telephone (TTY) to permit individuals who are deaf or hard of hearing 
to make reservations and obtain information. The TTY must be available 
during the same hours as the telephone service for the general public 
and the same wait time and surcharges must apply to the TTY as the 
telephone service for the general public. [Secs. 382.47(a) and (b)]

F. Communicable Diseases

Passengers With a Communicable Disease Are Permitted on Flight

    Except as described below, you must not (i) refuse transportation 
to; (ii) require provision of a medical certificate from; or (iii) 
impose any condition, restriction, or requirement not imposed on other 
passengers on, a passenger with a communicable disease or infection. 
[Sec. 382.51(a)]

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

[[Page 41493]]

safety of others, can you take any of the actions listed above. [Sec. 
382.51(b)(1)] A direct threat means a significant risk to the health or 
safety of others that cannot be eliminated by a modification of 
policies, practices, or procedures, or by the provision of auxiliary 
aids or services.
    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. If the presentation of a medical 
certificate would alleviate concerns over the passenger's condition, or 
reasonable modification of policies, practices, or procedures would 
lessen the risk to other passengers, then you should consider this in 
making such an individualized assessment. You should also confer with 
appropriate medical personnel and a CRO when making this assessment.

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 (i) refuse to provide transportation to that 
person; (ii) 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 
[Sec. 382.53(c)]; or (iii) impose on that passenger a special condition 
or restriction (e.g., wearing a mask). You must choose the least 
restrictive of the three options set forth above that would accomplish 
the objective. [Sec. 382.51(b)(4)]
    At all times, as a matter of good customer service, you should 
treat the passenger with courtesy and respect.

G. Medical Certificates: When Are They Allowed?

    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.
    You may require a medical certificate only if the passenger with a 
disability is an individual who:
     Is traveling on a stretcher or in an incubator (where such 
service is offered);
     Needs medical oxygen during the flight (where such service 
is offered); or
     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. 
[Sec. 382.53 (a) and (b)]

Medical Certificate and a Passenger With a Communicable Disease or 
Infection

    In addition, if you determine that a passenger with a communicable 
disease or infection poses a direct threat to the health or safety risk 
of others, you may require a medical certificate from the passenger. 
[Sec. 382.53(c)(1)] The medical certificate must be dated within 10 
days of the flight date. [Sec. 382.53(c)(2)]
    In the event that you determine the need for a medical certificate, 
you should indicate to the passenger with a disability the reason for 
the request. You should base your request on the reasons set forth 
under the law 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 six 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. 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 (e.g., 
SARS). Medical conditions that are easily transmitted in aircraft 
cabins but have limited health consequences (e.g., a common cold) as 
well as conditions that are difficult to transmit in aircraft cabins 
but have serious health consequences (e.g., AIDS) do not pose a 
direct threat to the health or safety of passengers.
    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 impact 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.
    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: (i) Refusing transportation to the individual; (ii) 
requiring a medical certificate; or (iii) imposing a special 
condition or limitation on the individual. If the medical support 
people indicate that 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 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 three options.
    Keep in mind that section 382.53(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 on 
the 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 and be dated 
within ten days of the date of the flight. If the medical 
certificate is incomplete 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.

H. Your Obligation To Provide Services and Equipment

    When assistance getting on or off a plane, making flight 
connections, or receiving transportation between gates is requested by 
a passenger with a disability, or offered by carrier personnel and 
accepted by the passenger, you must provide it. [Sec. 382.39(a)] More 
specifically, you must provide, as needed, the following:
     Services personnel,
     Ground wheelchairs,
     Boarding wheelchairs,
     Ramps or mechanical lifts. [Sec. 382.39(a)(1)]
    Aircraft with more than 60 passenger seats having an accessible 
lavatory must be equipped with an operable on-board wheelchair. [Sec. 
382.21(a)(4)] 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,

[[Page 41494]]

structurally sound handles for maneuvering the occupied chair, and 
wheel locks or another adequate means to prevent chair movement during 
transfer or turbulence. 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. [Sec. 382.21(a)(4)(iii)]
    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. [Sec. 382.41(h)] In addition, you should be familiar with 
how (i) a passenger accesses and uses a particular service or piece of 
equipment; (ii) the passenger's needs are being met by the service or 
piece of equipment; and (iii) that service should be provided or how 
that equipment operates, is disassembled, stored properly, and 
reassembled. Finally, 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.

    Example: A passenger using a battery-powered wheelchair arrives 
at the gate and requests that the footrests and joy stick be removed 
and stowed. He expresses concern because after his last flight, the 
airline personnel initially misplaced one of the components of the 
wheelchair when they disassembled it and stored it during the 
flight. What should you do?
    Presuming the aircraft is the type that can accommodate the 
storage of a battery-powered wheelchair, you are required to stow 
his wheelchair properly on board and you may, if needed, provide an 
aisle chair. As a preliminary matter, you should receive training 
from your carrier on the use of equipment and services for 
passengers with a disability, including battery-powered wheelchairs. 
In addition to the formal training, it is worthwhile to review with 
the passenger how best to meet his needs. For example, you should 
ask the passenger to review the procedure for disassembling the 
wheelchair, storing parts during the flight, and reassembling the 
wheelchair. Once you are clear about the process, you should 
communicate with the appropriate employees to ensure that they 
understand the passenger's needs with respect to his battery-powered 
wheelchair. Your carrier should have a policy and process for 
ensuring that the battery-powered wheelchair is returned to the 
passenger at his destination in the same condition in which it was 
received by the carrier. Problems concerning the reassembly of 
expensive battery-powered wheelchairs can be minimized by following 
section 382.41(g)(2), which governs the proper storage of such 
wheelchairs. See also Chapter 5, Section D.

I. Attendants

    Except under limited circumstances, you cannot require a person 
with a disability to be accompanied by an attendant. [Sec. 382.35(a)] 
See Chapter 4, Section E for a discussion of the requirements for an 
attendant under the law.

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 Changing Planes
D. Accommodations for Air Travelers Who are Deaf, Hard of Hearing, 
or Deaf-Blind
E. Attendants

A. Accessibility of Terminal Facilities and Services

    All terminal facilities and services owned, leased, or operated by 
a carrier at a commercial service airport, including parking and ground 
transportation, must comply with the Standards for Accessible Design 
under the Americans with Disabilities Act. [Sec. 382.23(e)] These 
terminal facilities and services must be accessible to and usable by 
individuals with disabilities, including individuals who use 
wheelchairs. [Sec. 382.23(b)] For example, terminals must provide 
accessible inter-terminal transportation systems, e.g., shuttle 
vehicles and people movers. [Sec. 382.23(d)]
    As appropriate to your specific responsibilities and duties when 
dealing with the traveling public and consistent with all carriers' 
obligation to ensure training to proficiency [Sec. 382.61(a)], you 
should understand how these services and facilities function as well as 
their uses by passengers with a disability. You should also know where 
they are located within or without the terminal.
    Carriers must also ensure that there is an accessible path between 
the gate and the area from which aircraft are boarded. [Sec. 382.23(c)]
    Carriers shall not (i) restrict the movements of individuals with 
disabilities in terminals; (ii) require them to remain in a holding 
area or other location in order to receive assistance; or (iii) mandate 
separate treatment for individuals with disabilities except as required 
or permitted under Part 382. [Sec. 382.55(c)]

B. Security Screening for Air Travelers With a Disability \1\
---------------------------------------------------------------------------

    \1\ In the wake of the events of September 11, 2001, in most 
cases, TSA has taken over for carriers in the area of providing 
security screenings of passengers. Should carriers resume this 
responsibility or in cases where carriers still retain some 
involvement in the security screening process, this section would be 
applicable to carriers and contractors of carriers performing this 
function.
---------------------------------------------------------------------------

Security Screening for Passenger With a Disability Same as for Other 
Passengers

    You must undertake a 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 an aid used for 
independent travel to a special screening procedure if the passenger 
and the aid or assistive device clear security without activating the 
security system. [Sec. 382.49(a)]

Screening Mobility Aid or Assistive Device

    The statement of the law set forth above would not, however, 
prohibit you from examining a mobility aid or assistive device if, in 
your 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 must conduct the security search of 
the passenger with a disability in the same manner as you would for 
other passengers who activate the system.

If 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. 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. [Sec. 382. 49(b)] If, however, you are able 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. [Sec. 382.49(c)]
    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 
in making such a decision.

[[Page 41495]]

C. Air Travelers With a Disability Changing Planes

    As an employee of the delivering carrier, on request, you must 
provide assistance to a passenger with a disability in making flight 
connections and providing transportation between gates. [Sec. 
382.39(a)] This is the case regardless whether the delivering carrier 
has an interline agreement with the other carrier. Where needed and to 
the extent required by law, you must provide services personnel, 
wheelchairs, and ramps or mechanical lifts. [Sec. 382.39(a)(1)] Note: 
Carriers must not leave a passenger with a disability unattended in a 
ground wheelchair or other device in which the passenger is not 
independently mobile for more than 30 minutes. [Sec. 382.39(a)(3)]

    Example: 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 it over to the gate of his 
connecting flight. What should you do?
    Because the delivering carrier has an obligation to provide 
transportation to a passenger with a disability to the gate of his 
connecting flight, you must provide timely, accessible ground 
transportation so he makes it to his connecting flight. In addition, 
you should keep in mind that once the wheelchair service is 
provided, you cannot leave the passenger unattended for more than 30 
minutes if he is not independently mobile. As a matter of good 
customer service, you should treat the passenger with courtesy and 
respect throughout this process.

D. Accommodations for Air Travelers Who Are Deaf, Hard of Hearing, or 
Deaf-Blind

    Carriers are responsible for ensuring that passengers with 
disabilities, including those with vision or hearing impairments, 
receive the same information in a timely manner that the carrier 
provides to other passengers in the terminal or on the aircraft, 
including but not limited to, information about ticketing, flight 
delays, schedule changes, connections, flight check-in, gate 
assignments and the checking and claiming of luggage. [Sec. 382.45(c)] 
Passengers with disabilities who are unable to obtain such information 
from the audio or visual system used by carriers in airports or on 
aircraft must request such information to be provided in an accessible 
manner.

TTY

    You must make available a TTY to permit individuals who are deaf or 
hard of hearing to obtain information from carriers. See also Chapter 
3, Section E. The TTY must be available during the same hours as the 
telephone service for the general public and the same wait time and 
surcharges must apply to the TTY as the telephone service for the 
general public. [Secs. 382.47(a) and (b)] The TTY must also be 
available if the passenger who is deaf or hard of hearing wishes to 
contact a CRO. [Sec. 382.65(a)(2)] In addition, you should inform the 
individual about the DOT Hotline that is accessible by a TTY. You 
should be familiar with the use of the TTY and its location(s) 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 voice-operated telephone. By dialing 711 on any telephone (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.

    Example: A passenger who is deaf 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 who is deaf communicates. When 
communicating, try to use the same method, e.g., speaking slowly, 
communicating in writing or with the assistance of an aid or device, 
etc. Try to find out what happened and what information she missed 
by communicating in an accessible manner.
    You may also consult with a CRO to see 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 flight crew regarding ensuring that the transmittal of 
information onboard is accessible to this passenger.

E. Attendants

    You should know that it is generally not appropriate to require a 
passenger with a disability to be accompanied by a personal care 
attendant. [Sec. 382.35(a)] 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, e.g., assistance in eating, assistance within the lavatory, 
or provision of medical services [Sec. 382.39(c)], you must not require 
the passenger with a disability to travel with a personal care 
attendant except in the circumstances described below.

Safety Considerations May Necessitate an Attendant

    In the interests of safety, however, you may require that a 
passenger with a disability travel with an attendant as a condition of 
receiving air transportation if the passenger is:
     Traveling on a stretcher or in an incubator (where such 
service is offered);
     Mentally disabled and unable to comprehend or respond 
appropriately to safety instructions;
     Severely impaired with respect to mobility and would be 
unable to assist in the passenger's own evacuation from the aircraft; 
or
     Deaf and severely impaired with respect to vision such 
that the passenger could not adequately communicate with airline 
employees to permit transmission of the safety briefing. [Secs. 
382.35(b)(1)-(4)]

If Carrier Contends That Attendant Is Required for Safety Reasons and 
Passenger Disagrees

    If, after careful consultation with a CRO and any other personnel 
required to be consulted by the carrier, you determine that a passenger 
with a disability must travel with an attendant for one of the reasons 
described in Section 382.35(b) (see above), then the carrier may 
require that the passenger be accompanied by an attendant. If your 
decision is contrary to the self-assessment of the passenger with a 
disability, then the carrier must not charge for the transportation of 
the attendant. [Sec. 382.35(c)] In addition, if no seat is available on 
the flight for the attendant whom the carrier has 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. [Sec. 
382.35(d)] For purposes of determining whether a seat is available for 
an attendant, the attendant must be deemed to have checked in at the 
same time as the passenger with a disability. [Sec. 382.35(e)]
    In the event you choose to recruit an attendant to accompany the 
passenger with a disability, even though carriers are not obligated to 
do so, you may ask (i) an off-duty airline employee traveling on the 
same flight to function as the attendant; (ii) a volunteer from among 
the other customers traveling on the flight and offer a free ticket for 
their assistance; or (iii) the passenger with a disability to choose an 
attendant and offer a free ticket.
    If the attendant is accompanying a passenger traveling on a 
stretcher or in

[[Page 41496]]

an incubator, the attendant must be capable of attending to the 
passenger's in-flight medical needs. [Sec. 382.35(b)(1)] Otherwise, the 
purpose of the attendant is to assist the passenger with a disability 
in an emergency evacuation. Other than the situation set forth above 
when an attendant is accompanying a passenger who is on a stretcher or 
in an incubator, the attendant 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 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 the passenger 
must be accompanied by an attendant. 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 an attendant.
    If, after speaking with the passenger, you and the CRO determine 
that he must be accompanied by an attendant because of his severe 
mobility impairment, you should explain this requirement to the 
passenger. Next, you should explain that he can choose someone to 
serve as his attendant or you can assist him by recruiting an off-
duty employee or another passenger on the flight to serve as his 
attendant. You must not charge for the transportation of the 
attendant. You should also explain that the purpose of the attendant 
is to assist in the case of an emergency evacuation.

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 Personal Equipment
E. Services in the Cabin
F. Safety Briefings

A. Aircraft Accessibility

    In order to assist passengers with a disability, it is important 
for you to have some understanding of how aircraft have been made 
accessible to accommodate those passengers. The following features are 
required for aircraft ordered by the carrier after April 5, 1990, or 
delivered to the carrier after April 5, 1992. In addition, different 
size airplanes must be equipped with different features according to 
the law. For example:
     Aircraft with 30 or more passenger seats must have movable 
aisle armrests on at least half of the aisle seats where it is feasible 
and it does not interfere with safety. [Secs. 382.21(a)(i) and (ii)] 
(Movable armrests are not feasible where tray tables and video 
entertainment systems are installed.);
     Aircraft with 100 or more passenger seats must have 
priority storage space within the cabin to stow at least one 
passenger's folding wheelchair [Sec. 382.21(a)(2)] and DOT has 
interpreted that to mean a space at least 13 inches wide, 36 inches 
high, and 42 inches long;
     Aircraft with more than one aisle in which lavatories are 
provided must include at least one lavatory accessible to passengers 
with a disability accessing the lavatory with an on-board wheelchair 
[Sec. 382.21(a)(3)];
     Aircraft with more than 60 passenger seats having an 
accessible lavatory must be equipped with an on-board wheelchair [Sec. 
382.21(a)(4)(i)]; and
     Aircraft with more than 60 passenger seats having an 
inaccessible lavatory must be equipped with an on-board wheelchair when 
a passenger with a disability informs the carrier (providing advance 
notice under Sec. 382.33(b)(8)) that the passenger can use an 
inaccessible lavatory but cannot reach the lavatory from a seat without 
the use of an on-board wheelchair. [Sec. 382.21(a)(4)(ii)]
    Aircraft in service on April 5, 1990, are not required to be 
retrofitted for the sole purpose of enhancing accessibility. [Sec. 
382.21(b)(1)] However, with respect to all aircraft with more than 60 
passenger seats operated under 14 CFR part 121, regardless of the age 
of the aircraft, carriers must provide on-board wheelchairs if (i) the 
aircraft has an accessible lavatory; or (ii) a passenger with a 
disability gives up to 48 hours' notice that the passenger can use an 
inaccessible lavatory. [Sec. 382.21(b)(2)] Whenever an aircraft 
operating under 14 CFR part 121 which does not have the accessibility 
features set forth above undergoes replacement of (i) cabin interior 
elements or lavatories, or (ii) existing seats with newly-manufactured 
seats (i.e., previously unused), the carrier must comply with the 
accessibility features set forth above with respect to the feature 
being replaced. [Sec. 382.21(c)]
    Where Part 382 requires a particular aircraft to have an on-board 
wheelchair and a stowage space within the cabin for at least one 
passenger's folding wheelchair, that aircraft must have stowage spaces 
for both of these chairs and must accommodate both of these chairs as 
required by law. [Secs. 382.21(a)(4)(i) and 382.21(a)(2)]
    Any replacement or refurbishing of the aircraft cabin must not 
reduce existing accessibility to a level below that specified under the 
law. [Sec. 382.21(e)] Carriers must maintain aircraft accessibility 
features in proper working order. [Sec. 382.21(f)]

B. Seating Assignments and Accommodations

Only Safety Affects Seat Assignments

    You must not exclude a passenger with a disability from any seat in 
an exit row or other location or require a passenger with a disability 
to sit in a particular seat based on the passenger's disability, except 
to comply with FAA safety requirements. [Sec. 382.37(a)] If a 
passenger's disability results in involuntary behavior that would 
result in refusal of transportation under section 382.31 and the safety 
problem could be addressed by seating the passenger in a particular 
location, you must offer the passenger that particular seat location as 
an alternative to refusing transportation. [Sec. 382.37(b)]

    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 as a passenger with a disability, and presents 
brochures explaining the disability to the agent. What should you 
do?
    As long as 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 flight crew involuntarily, safety considerations could 
require that he be seated in his own row, if available, as an 
alternative to being refused transportation. However, if the 
physical and/or verbal manifestations of this passenger's Tourette's 
syndrome are such that the safety of others would be jeopardized, 
e.g., if the passenger with Tourette's syndrome involuntarily 
touches or strikes other passengers or flight crew, it might create 
a safety concern. Therefore, refusing transportation could be 
appropriate.
    Otherwise, although the passenger's conduct may create an 
uncomfortable experience for other passengers, if his involuntary 
behavior only amounts to an annoyance and not a safety concern, you

[[Page 41497]]

must not restrict the passenger with Tourette's syndrome from any 
seating assignment.

Four Specific Situations in Which a Seating Accommodation Must Be 
Provided

    If a passenger self-identifies as an individual with a disability, 
there are four specific situations where you must provide a particular 
seating accommodation, if requested. The four situations are as 
follows:
     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 if one exists [Sec. 
382.38(a)(1)];
     If the passenger (i) is a passenger who is traveling with 
an attendant who will be performing functions during the flight that 
airline personnel are not required to perform, e.g., assistance with 
eating [Sec. 382.38(a)(2)(i)]; (ii) is a passenger with a visual 
impairment who is traveling with a reader/assistant who will be 
performing functions for the passenger during the flight [Sec. 
382.38(a)(2)(ii)]; or (iii) is a passenger who is deaf, hard of 
hearing, or deaf-blind who is traveling with an interpreter who will be 
performing functions for the passenger during the flight, you must 
provide a seat for the care attendant next to the passenger with a 
disability [Sec. 382.38(a)(2)(iii)];
     If the passenger is accompanied by a service animal, you 
must provide a bulkhead seat if one exists or a seat other than a 
bulkhead seat, depending on the passenger's request [Sec. 
382.38(a)(3)]; or
     If the passenger has a fused or immobilized leg, you must 
provide a bulkhead seat if one exists or other seat with more legroom 
than other seats on the side of the aisle that best accommodates the 
passenger. [Sec. 382.38(a)(4)]
    Regardless of which type of system a carrier uses for handling its 
seat assignments, you must provide the required seating accommodation 
in the four specific situations described above, if requested. The type 
of seat assignment system will determine how a carrier fulfills its 
obligation to provide these seating assignments. 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 employ either the 
seat ``blocking'' method or the ``priority'' seating method.

Seat ``Blocking'' Method

    Carriers may ``block'' an adequate number of seats to provide the 
seating accommodations discussed above. If carriers employ this 
``block'' method, they must not assign these ``blocked'' seats to 
passengers other than the types of passengers entitled to a seating 
accommodation discussed above until 24 hours before the scheduled 
departure of the flight. At any time up to 24 hours before the flight, 
carriers using the ``block'' system must assign a ``blocked'' seat to 
any passenger in need of a particular seating accommodation outlined in 
the four situations above.
    If a passenger with a disability meeting the above requirements 
does not make a request for a seating accommodation at least 24 hours 
before the scheduled departure of the flight, a carrier using the 
``block'' system must provide the requested seating accommodation to 
the extent practicable, but is not required to reassign a seat assigned 
to another passenger in order to do so. [Secs. 382.38(b)(1)(i), (ii), 
and (iii)]

    Example:  A passenger with a service animal calls 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. Since 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 her flight, you must provide the bulkhead seat to her 
and her service animal to the extent practicable, but you are not 
required to reassign a seat already assigned to another passenger in 
order to do so.

``Priority'' Seating Method

    Carriers may designate an adequate number of ``priority'' seats for 
passengers with a disability who meet the above requirements and who 
request a seating accommodation. In this case, the carrier must provide 
notice to any passenger assigned to a ``priority'' seat (other than 
passengers with a disability entitled to a seating accommodation in one 
of the four situations discussed above) that they are subject to being 
reassigned to another seat if necessary to provide a seating 
accommodation required under the law. The carrier may provide this 
notice through its computer reservation system, verbal information 
provided by reservations personnel, counter signs, seat cards or 
notices, frequent-flyer literature, or other appropriate means. [Sec. 
382.38(b)(2)(i)] The carrier must provide a ``priority'' seat to a 
passenger with a disability entitled to such accommodation if the 
passenger requests the accommodation and checks in at least one hour 
before the scheduled departure of the flight. If all of the designated 
``priority'' seats have been assigned to other passengers who do not 
have disabilities, the carrier must reassign the seats of the other 
passengers to accommodate the passenger with a disability entitled to a 
seating accommodation as discussed above. [Sec. 382.38(b)(2)(ii)]
    If a passenger with a disability does not check in at least one 
hour before the scheduled departure of the flight, a carrier using the 
``priority'' seating system must provide the requested seating 
accommodation, to the extent practicable, but is not required to 
reassign a seat assigned to another passenger in order to do so. [Sec. 
382.38(b)(2)(iii)]

    Example: A passenger with an immobilized leg requests a bulkhead 
seat and checks in two hours before the scheduled departure of the 
flight. Your carrier employs the ``priority'' seating method and has 
designated all four bulkhead seats on the aircraft as ``priority'' 
seating. Three of the bulkhead seats have already been assigned to 
three passengers traveling with small service animals who have 
requested the seating accommodations and checked in at least an hour 
before the scheduled departure of the flight. The fourth 
``priority'' bulkhead seat has been assigned to a passenger who also 
checked in two hours before the flight and uses an aisle chair to 
enplane who 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 enplane should have 
received notice that she has been assigned a ``priority'' seat. 
Because she is not a passenger with an immobilized leg or a 
passenger traveling with a service animal, she is not automatically 
entitled to a ``priority'' bulkhead seat. (However, she would be 
entitled to a ``priority'' seat in a row with a movable armrest if 
she requested one and checked in at least an hour before the 
scheduled departure of the flight.) The passenger using the aisle 
chair to enplane should have been notified that you might have to 
reassign her 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 one hour before the 
scheduled departure of the flight. Accordingly, the passenger using 
the aisle chair would be reassigned to a seat in a row with a 
movable armrest and the passenger with the immobilized leg would be 
assigned to the fourth ``priority'' bulkhead seat.

[[Page 41498]]

Seating Accommodations for Passengers With a Disability Other Than One 
of the Four Types Listed Above

    Passengers with a disability--other than the types of passengers 
with a disability entitled to a seating accommodation in one of the 
four specific situations discussed above--may identify themselves as 
passengers with a disability and request a seating accommodation. [Sec. 
382.38(c)]
    In this case, a carrier employing the ``block'' method is not 
required to offer one of the ``blocked'' seats when the passenger with 
a disability makes a reservation more than 24 hours before the 
scheduled departure time of the flight. However, the carrier 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. [Secs. 382.38(c)(1)(i) and (ii)]

    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 for him to access a bulkhead seat because he has to be 
lowered into the seat with assistance from another person. 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 immobilized legs. 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.

    In a similar situation, a carrier using the ``priority'' seating 
method 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. If this passenger with 
a disability is assigned to a ``priority'' bulkhead seat, he/she is 
subject to being reassigned to another seat if necessary to provide a 
seating accommodation to a passenger with a disability entitled to a 
seating accommodation required under the law, as discussed above. [Sec. 
382.38(c)(2)(i) and (ii)]

    Example: Suppose the same passenger, with arthritis in his 
spine, in Example 1 above, 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 do?
    You should assign the passenger with arthritis in his spine one 
of the two ``priority'' seats, but you must notify him that he may 
have his ``priority'' seat reassigned if another passenger who is 
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 show up for the same flight and request bulkhead seats. In 
this instance, the passenger with arthritis in his spine would be 
informed 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 make it easier to access.

No Advance Seat Assignments

    If a carrier does not provide advance seat assignments, you must 
allow passengers who identify themselves as passengers with a 
disability in need of a seating accommodation to pre-board--even before 
other passengers entitled to pre-board--and select the seat assignment 
that best meets their needs. [Sec. 382.38(d)] If a carrier wishes to 
comply with this requirement in another way, it must receive written 
approval from DOT. [Sec. 382.38(e)]

Other Issues Relating to Seat Assignments

    You must provide a seat assignment accommodation when requested by 
a passenger with a disability even if the seat is not otherwise 
available for assignment to the general passenger population at the 
time of the request. [Sec. 382.38(f)] You cannot reassign the seat of a 
passenger with a disability who has received a seat assignment to 
accommodate a disability in the event of a subsequent request for the 
same seat unless the passenger with a disability consents to the 
reassignment. [Sec. 382.38(g)]
    You must not deny transportation to any individual on a flight in 
order to provide a seat accommodation to a passenger with a disability. 
[Sec. 382.38(h)] You are also 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 
requesting a seating accommodation. [Sec. 382.38(i)] You must comply 
with all FAA safety requirements in responding to requests from 
individuals with a disability for seating accommodations. [Sec. 
382.38(j)]

    Example: A passenger with an economy class ticket and an 
immobilized leg (with a full-leg cast) arrives more than an hour 
before his flight is scheduled to depart. 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?
    Since the passenger has identified himself as a passenger with a 
disability and has requested a seat assignment to accommodate him, 
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 class seats, you are not required to provide a seat in a 
class of service other than the one the passenger has purchased in 
order to accommodate him. You should explain politely and 
respectfully that under the law, you must seat him in (i) a bulkhead 
or (ii) an aisle seat in economy class on the side of the plane that 
would best accommodate his leg. At his subsequent request for a 
bulkhead seat, you must arrange to move another passenger from the 
bulkhead seat and give it to the passenger with the immobilized leg. 
Although you are not required to do so under the law, you may choose 
to seat him in first class.

C. Boarding and Deplaning Assistance

    If a passenger with a disability requests assistance getting on or 
off an airplane or you offer assistance and the passenger consents to 
the type of boarding or deplaning assistance you offer, you must 
provide such assistance. [Sec. 382.39(a)] The type of assistance you 
must offer includes, as needed, services personnel and the use of 
wheelchairs, ramps, or mechanical lifts. [Sec. 382.39(a)(1)]
    Keep in mind, however, 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 vision 
impairment may need a sighted guide, not a wheelchair.
    Carriers 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. [Secs. 382.40(d) 
and 382.40a(d)] Therefore, regardless of the size of the aircraft, you 
should know how to use mechanical boarding assistance devices and the 
appropriate procedures for providing boarding assistance.
    In addition, you should be aware that when level-entry boarding is 
not required or if a lift is temporarily not functioning, you must 
obtain the consent of the passenger with a disability to the means of 
boarding assistance. [Sec. 382.40(c)(5)] Therefore, in such situations, 
you should present the various options and provide only the type of 
boarding assistance to which the passenger consents. If the passenger 
does not consent to the available means

[[Page 41499]]

of boarding assistance, you should contact a CRO.
    You cannot leave a passenger in a boarding wheelchair or other 
device in which the passenger is not independently mobile for more than 
30 minutes. [Sec. 382.39(a)(3)]
    Carriers must provide access to the airplane for a passenger with a 
disability by a level-entry loading bridge or accessible passenger 
lounges where these means are available. [Sec. 382.39(a)(2)] But 
depending on the size of the aircraft, carriers have different 
obligations to provide boarding assistance to individuals with a 
disability using mechanical lifts, ramps, or other suitable devices 
that do not require you to physically lift or carry passengers up 
stairs. [Secs. 382.40 and 382.40a]

Boarding and Deplaning Assistance Where Level-Entry Boarding Is 
Unavailable

    For aircraft with 19 or more seats operating at airports with 
10,000 or more annual enplanements where level-entry boarding is not 
available [Secs. 382.40(a) and 382.40a(a)], carriers must provide 
boarding assistance to passengers with a disability using mechanical 
lifts, ramps, or other suitable devices that do not require you to 
physically lift or carry passengers up stairs. [Secs. 382.40(b) and 
382.40a(b)] In addition, carriers may require that a passenger seeking 
boarding assistance by use of a lift check in for the flight one hour 
before the scheduled departure time. [Secs. 382.40(c)(3) and 
382.40a(c)(3)] You must make a reasonable effort to accommodate the 
passenger and provide the boarding assistance by lift even if the 
passenger does not check in one hour before the scheduled departure 
time, as long as it would not delay the flight.
    Boarding assistance by mechanical lift is not required in the 
following situations:
     On aircraft with fewer than 19 seats;
     On float planes;
     On the following 19-seat capacity aircraft models that are 
unsuitable for boarding assistance by lift: the Fairchild Metro, the 
Jetstream 31, and the Beech 1900 (C and D Models);
     On any other 19-seat aircraft model determined by DOT to 
be unsuitable for boarding assistance by lift; [Sec. 382.40(c)(4)]; or
     On any widebody aircraft determined by DOT to be 
unsuitable for boarding assistance by lift, ramp, or other device.
    If boarding assistance by lift is not required (as set forth above) 
or it cannot be provided for reasons beyond the control of the carrier, 
e.g., the mechanical lift is not functioning, then boarding assistance 
must be provided by any available means, except physically hand-
carrying the passenger. Hand-carrying is defined as directly picking up 
the passenger's body in the arms of one or more carrier personnel to 
effect a change of level that the passenger needs to enter or leave the 
aircraft. [Sec. 382.39(a)(2)]

Except in an Emergency Evacuation, No Hand-Carrying Passengers

    Under no circumstances--except for emergency evacuations--should 
you physically pick up a passenger with a disability to provide 
boarding or deplaning assistance. [Sec. 382.39(a)(2)]

    Example: A woman asks for assistance in boarding a flight with 
30 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 out of order. The passenger tells 
you to physically pick her up and carry her up the stairs and onto 
the plane because she really needs to make the flight. What should 
you do?
    Under the law, you must not physically hand-carry the passenger 
onto the plane. Hand-carrying is only appropriate in the case of an 
emergency evacuation. Even though the law states that the passenger 
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, e.g., carrying the 
boarding wheelchair, with the passenger in it, up the stairs and 
onto the plane. Next, you and the CRO should explain to the 
passenger that, under the law, you are not permitted to physically 
hand-carry her onto the plane. In addition, you should explore other 
available options for assisting this passenger with boarding the 
aircraft, including carrying the passenger onto the plane in a 
boarding wheelchair or arranging for another flight with a working 
lift or a jet bridge. If the passenger consents to being carried 
onto the plane 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.

D. Stowing and Treatment of Personal Equipment

    You should be familiar with the legal requirements for storage and 
treatment of personal equipment used by passengers with a disability, 
including ventilator/respirators, non-spillable batteries, canes, 
wheelchairs, and other assistive devices. [Sec. 382.41]

Storing Assistive Devices in the Aircraft Cabin

    You must allow passengers with a disability to bring their personal 
ventilators/respirators, including non-spillable batteries, on board 
the aircraft as long as FAA safety regulations are met. [Sec. 
382.41(b)] You must permit passengers to stow their canes and other 
assistive devices in the cabin and close to their seats, consistent 
with FAA safety regulations concerning carry-on items. [Sec. 382.41(c)]

    Example: Because a passenger with a disability arrived at the 
airport late, time and space constraints on board the aircraft 
require you to store her assistive walking device in first class, 
even though her seat assignment is in the back of the plane in 
economy class. She insists that she has the right to have her 
assistive walking device stored near her. She explains further that 
she would need this device to access and use the lavatory. What 
should you do?
    You must permit a passenger with a disability to bring her 
assistive devices into the cabin as long as FAA safety regulations 
are met. [Sec. 382.41(b)] In addition, the rule generally requires 
you to allow a passenger to stow her assistive device close to her 
seat, consistent with FAA safety regulations concerning carry-on 
items. [Sec. 382.41(c)] Under the circumstances, you should reassess 
the storage space and consider either moving the passenger closer to 
her walker or the walker closer to the passenger.

    You must not count assistive devices brought on board the aircraft 
by a passenger with a disability toward the limit on the passenger's 
carry-on items. [Sec. 382.41(d)] 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. [Sec. 
382.41(f)(3)] In addition, because carriers cannot charge for 
facilities, equipment, or services required under the law to be 
provided to qualified individuals with a disability, no charge would be 
imposed if a wheelchair or assistive device exceeded the weight limit 
on checked baggage. [Sec. 382.57]

    Example: A passenger with multiple sclerosis is one of many 
passengers on a flight who is informed that the flight will not be 
taking off because of mechanical problems. It is late at night and 
the carrier has announced that the passengers will be put up in a 
hotel 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 syringe and 
medication for her multiple sclerosis which she must take on a daily 
basis. What should you do?
    The passenger's syringe and medication would be considered an 
assistive device under the law. Under section 382.41(f)(1), because 
the passenger requested the return of her assistive device, you must 
return it to her. As a matter of customer service, you may also 
advise such passengers (e.g., via the carrier's Web site or other 
consumer

[[Page 41500]]

information materials) that the 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 
item on board. Such medication carry-on bags would not be counted 
toward the passenger's carry-on baggage allotment.

Wheelchairs

    Carriers must permit storage in the cabin of wheelchairs or 
components of wheelchairs, including folding, collapsible, or breakdown 
battery-powered wheelchairs [Sec. 382.41(e)] as follows:
     In overhead compartments and under seats consistent with 
FAA safety regulations for carry-on items. [Sec. 382.41(e)(1)]
     If the aircraft contains a closet or storage area of a 
size sufficient to accommodate a passenger's folding, collapsible, or 
breakdown wheelchair, the carrier must designate priority stowage space 
for at least one passenger's wheelchair in that area. If a passenger 
with a disability decides to pre-board, the passenger may stow the 
wheelchair in the designated storage space with priority over the 
carry-on items brought on board by other passengers or crew members 
boarding the plane at the same airport. If, on the other hand, a 
passenger with a disability chooses not to pre-board, the passenger may 
stow the wheelchair in the designated storage space on a first-come, 
first-served basis along with all other passengers seeking to stow 
carry-on items in the space. [Sec. 382.41(e)(2)]
     If the aircraft cabin does not contain a storage area of a 
size sufficient to accommodate a folding, collapsible, or breakdown 
wheelchair, you must stow the wheelchair in the cargo compartment with 
priority over other luggage. [Sec. 382.41(e)(3)]

Wheelchairs Unable To Be Stowed in the Aircraft Cabin as Carry-On

    When a folding, collapsible, or break-down wheelchair cannot be 
stowed in the cabin as carry-on baggage, you must ensure the timely 
checking and return of the passenger's wheelchair or other assistive 
device 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 DOT regulations concerning transportation of 
hazardous materials. [Sec. 382.41(f)]
    If, on the other hand, a passenger with a disability requests, you 
should return the wheelchair or other assistive device at the baggage 
claim area instead of at the door of the aircraft. [Sec. 382.41(f)(1)]
    A passenger's wheelchair or other assistive device must be stowed 
in the baggage compartment with priority over other items and baggage. 
[Sec. 382.41(f)(3)] In order to ensure the timely return of a 
passenger's wheelchair or other assistive device, it must be among the 
first items retrieved from the baggage compartment. [Sec. 382.41(f)(2)] 
If giving priority to wheelchairs and other assistive devices results 
in passengers' non-assistive device-related baggage being unable to be 
carried on the flight, you must use your best efforts to ensure that 
the non-assistive device-related baggage reaches the passengers' 
destination within four hours of the scheduled arrival time of the 
flight.

Battery-Powered Wheelchairs

    You must accept a passenger's battery-powered wheelchair, including 
the battery, as checked baggage unless baggage compartment size and 
aircraft airworthiness considerations prohibit it. [Sec. 382.41(g)]
    Carriers may require that a passenger with a disability wishing to 
have a battery-powered wheelchair transported on a flight (including in 
the cabin where required) check in for the flight one hour before the 
scheduled departure time. [Sec. 382.41(g)(1)] You must also make a 
reasonable effort to accommodate the passenger and transport the 
wheelchair even if the passenger does not check in one hour before the 
scheduled departure time, as long as it would not delay the flight.
    If (i) the battery on the passenger's wheelchair has been labeled 
by the manufacturer as non-spillable or (ii) the battery-powered 
wheelchair with a spillable battery can be loaded, stored, secured, and 
unloaded in an upright position, you must not require the battery to be 
removed and separately packaged. You may remove and package separately 
any battery that appears to be damaged or leaking. [Sec. 382.41(g)(2)]
    When it is necessary to detach a battery from a wheelchair, you 
must provide packaging for the battery and package the battery 
consistent with appropriate hazardous materials regulations. [Sec. 
382.41(g)(3)] You must not charge for such packaging. [Sec. 382.57]
    You must not drain batteries. [Sec. 382.41(g)(4)]
    If a passenger with a disability requests, you must stow a folding, 
breakdown, or collapsible battery-powered wheelchair in the cabin 
consistent with the requirements set forth above. If the wheelchair can 
be stowed in the cabin without removing the battery, then you must not 
remove the battery. If the wheelchair cannot be stowed in the cabin 
without removing the battery, then you must remove the battery and stow 
it in the baggage compartment in the proper packaging as set forth 
above. In this case, you must permit the wheelchair, with the battery 
removed, to be stowed in the cabin. [Sec. 382.41(g)(5)]
    You must permit passengers with a disability to provide written 
instructions concerning the disassembly and reassembly of their 
wheelchairs. [Sec. 382.41(h)]
    When you disassemble wheelchairs or other assistive devices for 
stowage, you must reassemble them and ensure their prompt return to the 
passenger with a disability. You must return a wheelchair or other 
assistive device to the passenger in the same condition in which you 
received it. [Sec. 382.43(a)]
    On domestic flights, the normal baggage liability limits do not 
apply to loss, damage, or delay concerning wheelchairs or other 
assistive devices. Instead, the criterion for calculating the 
compensation for lost, damaged, or destroyed wheelchairs or other 
assistive devices must be the original price of the device. [Sec. 
382.43(b)] Moreover, you 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 conditions of wheelchairs or other assistive devices. [Sec. 
382.43(c)]

    Example:  A passenger with a battery-powered wheelchair with a 
spillable battery arrived at his departure gate for his domestic 
flight and airline personnel there determined that the wheelchair 
could not be loaded, stored, secured, and unloaded in an upright 
position. Therefore, they directed the appropriate personnel to 
remove and store the battery and gate check the wheelchair. When the 
passenger arrives at his destination and the battery is replaced, it 
is done so incorrectly and the entire electronic circuit board of 
the wheelchair is severely damaged, rendering the wheelchair 
temporarily unusable. What should you do?
    Upon request, you must permit passengers with a disability to 
provide written instructions concerning the disassembly and 
reassembly of their wheelchairs. 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 up to 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. In addition, paying for reasonable 
costs associated with the rental of

[[Page 41501]]

a wheelchair by the passenger during the repair period could also be 
recovered by the passenger from the carrier.

E. Services in the Cabin

    Within the aircraft cabin, when requested by a passenger with a 
disability or when offered and accepted by a passenger with a 
disability, you must assist the passenger in:
     Moving to and from a seat as part of enplaning and 
deplaning [Sec. 382.39(b)(1)];
     Preparing for eating, such as opening packets and 
identifying food [Sec. 382.39(b)(2)];
     If there is an on-board wheelchair, using the on-board 
wheelchair to enable the passenger to move to and from the lavatory 
which, if requested, could entail transferring the passenger from a 
seat to an aisle chair [Sec. 382.39(b)(3)];
     Moving to and from the lavatory, if the passenger is semi-
ambulatory, not involving lifting or carrying the individual [Sec. 
382.39(b)(4)]; and
     Loading and retrieving carry-on items, including mobility 
aids and other assistive devices stowed in the cabin [Sec. 
382.39(b)(5)];

    Example 1:  A passenger using a boarding wheelchair asks for 
help storing her carry-on item in the overhead compartment because, 
it is apparent, her disability limits her ability 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?
    Since he has not identified himself as a qualified individual 
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 ``Could you tell me a little about 
your need for help?'' 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 carry-on bag. If, on the other 
hand, the passenger states that he is merely tired and doesn't feel 
like lifting the bag, the passenger is not a qualified individual 
with a disability and, therefore, you are not obligated to assist 
him. You may politely decline to assist him, depending on the 
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 eating, for example, cutting food and feeding 
the passenger [Sec. 382.39(c)(1)];
     Assistance within the restroom or at the passenger's seat 
with elimination functions [Sec. 382.39(c)(2)]; or
     Provision of medical services. [Sec. 382.39(c)(3)]
    You cannot require that a passenger with a disability sit on a 
blanket. [Sec. 382.55(b)]

F. Safety Briefings

Individual Safety Briefings

    Under certain circumstances, you must provide individual safety 
briefings to a passenger with a disability. Federal safety regulations 
require you to conduct an individual briefing for each passenger who 
may need assistance to move expeditiously to an emergency exit. 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. [14 CFR 121.571(a)(3)] You may offer such 
briefings to other passengers. [Sec. 382.45(b)(2)]
    In the case of private safety briefings for passengers with a 
disability:
     You must conduct the briefing as inconspicuously and 
discreetly as possible. [Sec. 382.45(b)(3)]
     You must not require a passenger with a disability to 
demonstrate that the person has listened to, read, or understood the 
information presented, except to the extent that you or other employees 
impose such a requirement on all passengers with respect to the general 
safety briefing.
     You must not take any action adverse to a passenger with a 
disability on the basis the individual has not ``accepted'' the 
briefing. [Sec. 382.45(b)(4)]

Accommodations for Passengers Who Are Deaf or Hard of Hearing

    If the safety briefings are presented to passengers on video 
screens, carriers must ensure that the video presentation is accessible 
to passengers who are deaf or hard of hearing. [Sec. 382.47(b)] More 
specifically, carriers must implement this requirement by using open 
captioning or an inset for a sign language interpreter as part of the 
video presentation. [Sec. 382.47(b)(1)] A carrier may use an equivalent 
non-video alternative to this requirement only if neither open 
captioning nor a sign language interpreter inset could be placed in the 
video presentation without so interfering with it as to render it 
ineffective or if it would not be large enough to be readable. [Sec. 
382.47(b)(2)] Carriers must implement these requirements by 
substituting captioned video materials for uncaptioned video materials 
as the uncaptioned materials are replaced in the normal course of the 
carrier's operations. [Sec. 382.47(b)(3)]

Timely and Complete Access to Information

    Carriers must ensure that, upon request, passengers with a 
disability, including those who are (i) blind or visually impaired; or 
(ii) deaf, hard of hearing, or deaf-blind, have timely access to 
information being provided to other passengers, including but not 
limited to, information concerning ticketing, flight delays, schedule 
changes, connections, flight check-in, gate assignments, the checking 
and claiming of luggage, and aircraft changes that will affect the 
travel of passengers with a disability. [Sec. 382.45(c)] Passengers who 
are unable to obtain the information from the audio or visual systems 
in airports or on board must request the information from you. In other 
words, as a practical matter, passengers may have to identify 
themselves as (i) blind or visually impaired; or (ii) deaf, hard of 
hearing, or deaf-blind in order to obtain the information. See Chapter 
7 in general and ``Tips for Assisting People Who Are Blind or Visually-
Impaired'' and ``Tips for Assisting People Who Are Deaf, Hard of 
Hearing, or Deaf-Blind'' in particular.

Chapter 6: Assisting Air Travelers With Disabilities With Their 
Complaints

A. Complaint Procedures and Complaints Resolution Officials (CRO's)
B. Process to Resolve Complaints
C. General Complaint Resolution Tips
D. Recording, Categorizing, and Reporting Written Disability-related 
Complaints Received by Carriers

A. Complaint Procedures and Complaints Resolution Officials (CRO's)

    Carriers must (i) establish a procedure for resolving disability-
related complaints raised by passengers with a disability and (ii) 
designate at least one CRO to be available to handle disability-related 
complaints at each airport the carrier serves. [Sec. 382.65(a)] Each 
CRO must be trained and thoroughly proficient with respect to the 
rights of passengers with disabilities under the ACAA and accompanying 
regulations. [Secs. 382.61(a)(7) and 382.65(a)(3)] The

[[Page 41502]]

carrier must make a CRO available to any person who makes a disability-
related complaint during all times the carrier is operating at an 
airport and should make that person aware of the existence of the 
Department of Transportation's aviation consumer disability hotline for 
resolving issues related to disability accommodations. The toll-free 
number for the hotline is 1-800-778-4838 (voice) and 1-800-455-9880 
(TTY).

Availability of the CRO

    Carriers must make a CRO available at all times the carrier is 
operating at each airport it serves. [Secs. 382.65(a)(1) and (2)] The 
CRO may be made available in person or by telephone. If the CRO is made 
available by telephone, it must be at no cost to the passenger. The CRO 
must be accessible via a TTY for passengers who are deaf or hard of 
hearing. If a passenger with a disability, or someone on behalf of a 
passenger with a disability, complains about an alleged violation or 
potential violation of the law, you must put the customer in touch with 
a CRO on duty. [Sec. 382.65(a)(1)] A CRO has the authority to resolve 
complaints by passengers with a disability on behalf of the carrier. 
[Sec. 382.65(a)(4)]

Complaints Made During the Trip

    When a passenger with a disability makes a complaint to a CRO 
during the course of the trip (e.g., over the telephone or in person at 
an airport), the CRO must promptly take action to resolve the problem 
as follows:
     If no violation of the law has occurred yet, the CRO must 
take action or direct other employees to take action to ensure 
compliance. Only the pilot-in-command of an aircraft has final 
authority to make decisions regarding safety and the CRO cannot 
countermand a pilot's decisions regarding safety. [Sec. 
382.65(a)(5)(i)]
     If a passenger complains about a disability-related issue 
or alleges a violation of the law that has already occurred and the CRO 
agrees that a violation has occurred, the CRO must provide the 
complaining passenger with a written statement summarizing the facts at 
issue and the steps, if any, the carrier proposes to take in response 
to the violation. [Sec. 382.65(a)(5)(ii)] This statement must be 
provided in person to the passenger at the airport, if possible; 
otherwise, it must be forwarded to the passenger within 10 calendar 
days of the complaint. [Sec. 382.65(a)(5)(iv)]
     If a passenger alleges a violation of the law but the CRO 
determines that no violation has occurred, the CRO must provide a 
written statement including a summary of the facts and the reasons for 
the determination. [Sec. 382.65(a)(5)(iii)] This statement must be 
provided in person to the passenger at the airport, if possible; 
otherwise, it must be forwarded to the passenger within 10 calendar 
days of the complaint. [Sec. 382.65(a)(5)(iv)]
    The written statement provided to the complaining passenger must 
include information about the right to pursue DOT enforcement action 
under the law. [Sec. 382.65(a)(5)(iv)]

Written Complaints Received After the Trip

    You should be aware of your carrier's established procedure for 
resolving written complaints from passengers with a disability. [Sec. 
382.65(b)] In addition, under the law, a carrier is not required to 
respond to a written complaint postmarked more than 45 days after the 
date of the alleged violation. [Sec. 382.65(b)(1)] Your carrier must 
provide a dispositive written response within 30 days of receipt of a 
written complaint describing a situation that would constitute a 
violation of the law. [Sec. 382.65(b)(3)]
    You should provide all information regarding written complaints--
and in general--in a polite and respectful manner as a matter of high 
standards of customer service.
    Depending on the carrier's determination, its response to a written 
complaint must include the following:
     If the carrier agrees that a violation has occurred, the 
carrier must provide a written statement to the complaining passenger 
summarizing the facts and stating what steps, if any, the carrier 
proposes to take in response to the violation. [Sec. 382.65(b)(3)(i)]
     If the carrier denies that a violation has occurred, the 
written response must include a summary of the facts and the carrier's 
reasons under the law for making its determination. [Sec. 
382.65(b)(3)(iii)]
    The written statement provided to the complaining passenger must 
include information about the right to pursue DOT enforcement action 
under the law. [Sec. 382.65(b)(3)(iii)]

Responsibilities of Employees Other Than the CRO

    You should be aware that all personnel dealing with the traveling 
public should be trained to proficiency regarding the legal 
requirements and the carrier's policies concerning the provision of air 
travel to individuals with disabilities. [Sec. 382.61(a)(1)] These 
employees must receive training regarding awareness about and 
appropriate responses to individuals with physical, sensory, mental, 
and emotional disabilities. [Sec. 382.61(a)(2)]
    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 keep the following in mind:
     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.''
     Contact a CRO if you are having any difficulty providing 
an accommodation required by law 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 CRO may be available in person or by telephone 
but a CRO must be available during all hours of the carrier's operation 
at the airport.

B. Process To Resolve 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 on site and may only be involved in resolving the complaint 
via telephone.
    Having a consistent process for fielding these complaints will 
assist you in complying with those 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 affirmative action are important 
aspects of the process.
    The ACCESS checklist set forth below provides an easy way to 
remember how to respond 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.

ACCESS

    Ask the passenger with a disability how you may assist with 
concerns. Listen actively and carefully to what the passenger tells you 
and ask for further clarification when necessary.

[[Page 41503]]

    Call a CRO and report the complaint if you are unable to resolve 
the problem. If a passenger with a disability would like to contact a 
CRO directly, you must assist the passenger in doing so. If your 
carrier has an internal procedure for documenting complaints that 
requires CRO involvement or for documenting other types of passenger 
complaints, fill out the appropriate forms, if any, and provide 
relevant and detailed information to satisfy that internal carrier 
policy.
    Check this manual (and Appendix V containing the full text of Part 
382) and your carrier's policies (concerning the law as well as good 
customer service) to identify the issue at hand. If you need 
assistance, ask a CRO on duty.
    Evaluate the relevant provisions of this manual (and Appendix V 
containing the full text of part 382) and your carrier's policies to 
determine the appropriate options for resolving the problem considering 
the following factors:
     Does the solution comply with the law?
     Does the solution comply with your carrier's policies?
     Is there a question of airline and passenger safety? 
(Remember, the pilot-in-command of an aircraft is the final arbiter of 
a safety issue.)
     Does the solution meet the needs of the passenger with a 
disability?
     Can the solution be implemented in a timely manner, e.g., 
to help the passenger with a disability make the flight or receive the 
accommodation?
    Solve the problem by providing the passenger with a disability with 
the information, services, or appropriate action required under the 
law.
    Satisfy the passenger with a disability to the extent possible when 
complying with the law. Communicating the basis for the action taken 
(or not taken) to the passenger with a disability is critical. Thank 
the passenger for bringing the problem to your attention and ask if the 
passenger has any additional questions about the solution you or a CRO 
has provided. Ask if you are able to assist with any other concerns.

C. General Complaint Resolution Tips

     You should familiarize yourself with this manual (and 
Appendix V containing the full text of part 382) and your carrier's 
policies (concerning the law as well as good customer service). First 
and foremost, you must not violate the civil rights of passengers with 
a disability. In addition, you should treat passengers in a manner 
consistent with good customer service policy.
     You should work as quickly as possible to ensure prompt 
service and, at the same time, respect for the needs of passengers with 
a disability.
     You should 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.
     You should 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.
     You should avoid engaging in an argument with a passenger 
with a disability presenting a complaint.
     You should listen carefully and actively, evaluate 
appropriate options under the law 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.
     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 on site and 
may only be involved in resolving the complaint via telephone.

D. Recording, Categorizing, and Reporting Written Disability-Related 
Complaints Received by Carriers

    Certificated U.S. carriers and foreign carriers \1\ operating to, 
from, and in the United States using at least one aircraft with more 
than 60 passenger seats must record, categorize, and report written 
disability-related complaints received by the carrier to DOT on an 
annual basis. [Secs. 382.70(b) and (c)] The first annual report covers 
calendar year 2004 and was due to be submitted to DOT by January 25, 
2005. [Sec. 382.70(d)] In addition, carriers must use the form 
specified in Appendix A to part 382 when making the annual report to 
DOT. See Appendix V. Carriers must develop a system for recording and 
collecting data regarding specific categories of written disability-
related complaints that they receive according to the type of 
disability and the nature of the complaint. [Sec. 382.70(c)]
---------------------------------------------------------------------------

    \1\ Foreign carriers are covered by this section only with 
respect to disability-related complaints associated with any flight 
segment originating or terminating in the United States. [Sec. 
382.70(b)].
---------------------------------------------------------------------------

Chapter 7: Interacting With People With Disabilities

    When assisting and interacting with individuals with disabilities, 
you should use language that gives an accurate, positive view of them. 
You should focus on the person first, not the disability, and avoid 
language that reinforces myths, stereotypes, and discrimination.
    Below is a chart listing some currently acceptable terminology and 
terminology to avoid when addressing or referring to people with 
disabilities.

------------------------------------------------------------------------
                  Use                                 Avoid
------------------------------------------------------------------------
Person with a disability...............  Handicapped or deformed.
Person who is deaf.....................  The deaf.
Person who is blind or visually-         The blind; the visually-
 impaired.                                impaired.
Woman with an emotional disorder,        Crazy, demented, lunatic,
 psychiatric illness, or psychiatric      psycho, or maniac.
 disability.
Person using a wheelchair, wheelchair    Confined to a wheelchair,
 user.                                    wheelchair bound, or crippled.
Person with AIDS or living with AIDS...  Afflicted with AIDS, victim of
                                          AIDS, or suffers from AIDS.
Congenital disability..................  Birth defect.
Man who has cerebral palsy.............  Afflicted with cerebral palsy
                                          or suffers from cerebral
                                          palsy.
Woman who has Down syndrome............  Mongol, mongoloid, or retarded.
Person with head injury, people who      Brain damaged.
 have sustained brain damage, or woman
 who has traumatic brain injury.
Person who has a speech disorder or      Mute or dumb.
 woman without speech.
Man with quadriplegia or woman who is    Crippled.
 paralyzed.
Person of small or short stature.......  Dwarf.
Nondisabled............................  Normal, able-bodied, healthy,
                                          or whole.
------------------------------------------------------------------------


[[Page 41504]]

    It may not be apparent whether a person is an individual with a 
disability. You should provide an opportunity for a passenger to self-
identify as an individual with a disability by asking if the person 
needs assistance and, if so, how best you can assist with those needs. 
Keep in mind that you cannot require an individual with a disability to 
accept special services, including pre-boarding.

Some Examples of Physical Impairments [Sec. 382.5(a)(1)]

     Orthopedic impairment;
     Deafness (profound hearing loss);
     Hard of hearing (mild to profound hearing loss);
     Vision impairment and blindness;
     Speech disorder;
     Cerebral palsy;
     Epilepsy;
     Muscular dystrophy;
     Multiple sclerosis;
     Cancer;
     Heart disease; and
     Diabetes.

Some Examples of Mental or Psychological Impairments [Sec. 382.5(a)(2)]

     Mental retardation;
     Depression;
     Anxiety disorders;
     Specific learning disabilities; and
     Brain injury.
    Below is a list of general tips to consider when interacting with 
people with disabilities followed by tips relating to interacting with 
individuals with one or more of the five basic types of disabilities. 
These tips are aimed at ensuring that services, facilities, and other 
accommodations are provided to passengers with disabilities in a 
respectful and helpful manner.
    Some of the tips relate to specific legal requirements, but most of 
them set forth suggestions for interacting in a way that would 
constitute good customer service and demonstrate a sensitivity to the 
issues concerning passengers with disabilities. The following tips 
should be read and employed 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, 
``May I 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 needs 
when traveling.
     Appreciate the passenger's perspective. 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. It is important to relax, 
be yourself, and maintain the conversational style you would use for 
anyone else when you are speaking with a person with a disability. Be 
aware of the possibility that your body language could convey 
discomfort or impatience; try to avoid this. Also, 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.
     Don't make assumptions. Don't 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, e.g., frustration or disappointment. When 
acknowledging the emotions of others, it may be more effective to use 
``you'' rather than ``I.'' For example, use, ``You must be frustrated 
by having to wait for your checked wheelchair.'' Not, ``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 person first, not the disability.
     Keep the passenger informed. When providing an 
accommodation to a passenger with a disability, keep the passenger 
updated about the progress or timing in connection with such 
accommodation.
     Knowledge is useful. Be aware of the services, 
information, and resources available to a person with a disability who 
asks about a particular accommodation. If you don't know the answer to 
the question, treat the individual with respect and courtesy and say, 
``Let me find out for you.'' Don't make guesses about what 
accommodations or services to provide a person with a disability. When 
explaining requirements under the law to a passenger with a disability, 
avoid rendering 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. People 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 a person with a disability, not the person's 
companion, attendant, or interpreter.
     Treat each passenger as an individual. It is important to 
recognize that people with disabilities 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 the above tips in mind when 
assisting and communicating with passengers with disabilities. As a 
practical matter though, you will need to be aware of different 
considerations depending on the type of disability the passenger self-
identifies as having.
    Below are five basic types of disabilities with a list of 
considerations to keep in mind when you are communicating with and 
accommodating passengers with each type of disability. Even though 
these five types of disabilities are set forth here, each passenger 
with a disability should be considered 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 to avoid 
making assumptions about the passenger's needs. The five basic types of 
disabilities addressed below are: People who are blind or visually-
impaired; people who are deaf, hard of hearing, or deaf-blind; people 
with mobility disabilities; people who have difficulty speaking, and 
people with disabilities that are not apparent (e.g., a cognitive or 
emotional disability, diabetes, etc.).

Tips for Assisting People Who Are Blind or Visually-Impaired

Communication
     Only offer assistance if it seems appropriate. Ask the 
person if you can

[[Page 41505]]

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 get 
to the gate. If you are handing a boarding pass to a blind passenger, 
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 what you are doing, e.g., waiting to receive confirmation of a 
reservation, and identify any items you are giving to the passenger, 
e.g., a credit card, tickets, voucher, etc.
     Make sure a passenger who is blind is made aware of all 
relevant information as it becomes available to all passengers. 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. Advise 
the passenger when you are leaving the area and answer any questions 
the person has before you do.
     If individual safety briefings are required, conduct them 
discreetly with respect for the privacy of the person who is blind or 
visually-impaired.
     If a person uses a term relating to the condition of being 
blind or visually-impaired that you are not familiar with or that you 
don't 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. In addition, be aware that your carrier 
may provide additional training to educate you about the different 
types of disabilities in order 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 blind or visually impaired.
Guiding a Person
     Never take the arm of a person who is blind without asking 
first, because the person could lose balance. In addition, if you don't 
ask first, the person who is blind could perceive a lack of respect 
because he or she was not given the option of receiving the assistance. 
Once you ask if you can offer your arm, let the person who is blind 
take it. You may direct the person'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. When encountering stairs, 
escalators, moving walkways, revolving doors, etc., give the person who 
is blind the option to choose whether to use the facility or 
conveyance. For example, you might say, ``We can just keep walking or 
use the moving sidewalk. Which would you prefer?'' Never assume that a 
person who is blind cannot use these devices because of blindness. 
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 go and ask the person if he or she would 
like you to point out airport amenities such as restaurants, shops, ATM 
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, e.g., 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 him or her if any other assistance is needed. Only if 
the person who is blind has requested should you inform other 
passengers or carrier personnel of the individual's need for additional 
assistance.
     Be aware that many people who are blind prefer to walk 
rather than use wheelchairs, electric carts, etc. You may not require a 
person who is blind to use a wheelchair and, if requested, you must 
provide a walking guide for the person who is blind.
Service Animals and Assistive Devices
     Never pet or distract a service animal accompanying a 
person who has a disability. Don't separate passengers who are blind 
from their service animals.
     Don't 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 need be, e.g., 
carry-on items, jackets.

Tips for Assisting People Who Are Deaf, Hard of Hearing, or Deaf-Blind

Communication
     Remember that people who are deaf, hard of hearing, or 
deaf-blind have various ways of communicating, e.g., sign language, 
speech/lip reading, TTY, hearing aid or implant. A person's deafness 
can go unnoticed unless the person self-identifies as a person who is 
deaf, hard of hearing, or deaf-blind.
     When speaking, look directly at the person who is deaf or 
hard of hearing. The person may use speech/lip reading as a method of 
communicating. Use normal lip movement. Use a normal tone of voice when 
speaking to a person who is deaf or hard of hearing. Don't 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, e.g., 15 and 50 have the same lip movement. If writing a 
note, make the message short and simple.
     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 who is deaf, hard 
of hearing, or deaf-blind.
     Make sure a passenger who is deaf, hard of hearing, or 
deaf-blind receives all relevant information as it becomes available to 
all passengers. For example, if a boarding time is changed and the new 
boarding time is announced, you must inform the person through an 
accessible method of communicating.
     If a person uses a term relating to the condition of being 
deaf, hard of hearing, or deaf-blind that you are not familiar with or 
that you don't 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.
     A deaf-blind person may communicate through the printing 
on palm method, an alternative to using sign language. This method 
involves ``writing'' with your fingertip on the palm of the deaf-blind 
person's hand. 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. More specifically, hold the deaf-blind 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. 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''. The difference will be obvious 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.

[[Page 41506]]

     Keep in mind that the special service request (SSR) field 
of the passenger name record (PNR) may contain information concerning a 
passenger who is deaf, hard of hearing, or deaf-blind.
Guiding a Person Who Is Deaf-Blind
     Touch the person gently and offer your arm. Let the person 
take your upper arm near your body; this way he or she can feel the 
change in gait as you approach different barriers and prepare for them. 
Don't take or grab the arm of the person who is deaf-blind 
(particularly the arm with which the person is holding a cane or guide 
dog harness) and don't 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 the person who is deaf-
blind cannot hear you. Therefore, information regarding obstacles, 
stairs, etc. must be given tactually. Deaf-blind people often have poor 
balance so it is helpful to offer a steady hand to aid in orientation. 
Never leave a deaf-blind person in an open space, place his or her hand 
on a wall, post, railing, or whatever is available.
Service Animals
     Never pet or distract a service animal accompanying a 
person who has a disability. Don't separate passengers who are deaf, 
hard of hearing, or deaf-blind from their service animals.

Tips for Assisting People Who Have 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 his or her needs are. 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.
     When having a long conversation with a person who is using 
a wheelchair, stoop down or sit nearby so that you are closer to eye 
level.
Wheelchairs 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 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.
     Be aware that, under the law, you can never physically 
hand-carry a person with a mobility disability (even if both of you are 
willing) except in an emergency evacuation situation.
     When providing transportation between gates, ask the 
person with the mobility disability if the person would prefer to be 
pushed or not. If the answer is yes, use elevators and avoid escalators 
and moving walkways. When maneuvering through the terminal, say, 
``Excuse us.'' Not, ``Excuse me.''
     Be aware that, under the law, carriers are not permitted 
to charge passengers with disabilities for services or equipment 
required by part 382. If, however, 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 it.
Service Animals
     Never pet or distract a service animal accompanying a 
person who has a mobility disability. Don't separate passengers with a 
mobility disability from their service animals.

Tips for Assisting People Who Have 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 you don't understand and ask the person to repeat.
     Be patient, it may take a while to communicate.
     Let the individual speak without attempting to finish his 
or her sentence.
     To obtain information quickly, ask short questions that 
require brief ``yes'' or ``no'' answers.
     Don't shout.
     Difficulty speaking does not indicate a lack of 
intelligence.

Tips for Assisting People Who Have 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. People 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. Similarly, if there is a concern that the person 
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 a disability that you are not familiar with or that 
you don't 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.
Service and Emotional Support Animals
     Be aware that people who have disabilities that are not 
apparent may travel with emotional support animals or other service 
animals. Never pet or distract a service animal accompanying a person 
who has a disability that is not apparent. Don't separate passengers 
from their service or emotional support animals.

Indices

    [A PDF copy and a Microsoft Word copy of the Technical Assistance 
Manual containing an Alphabetical Index and a Part 382 Index are 
available on the World Wide Web at http://airconsumer.ost.dot.gov.]

Appendix I

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. Appendix I sets forth a list of tips or general 
guidelines for

[[Page 41507]]

air travelers with disabilities to keep in mind that relate to these 
commonly used accommodations, facilities, and services. Therefore, 
the ``you'' referred to herein is an air traveler with a disability 
or air travelers with disabilities. Below are some specific tips.

Ask Questions and Provide Instructions

    Know what to ask carrier personnel. You can ask for and carrier 
personnel must be able to provide information about aircraft 
accessibility, seating and movable armrests, lavatory accessibility, 
boarding options, and storage facilities on board, among other 
things.
    Although advance notice is not generally required, understand 
that providing detailed information about the accommodations you 
need in advance of travel will assist carrier personnel in providing 
those accommodations in a correct and timely manner.
    If you are transferring planes, 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 fully accommodate 
you. Keep in mind that carriers might provide such optional 
accommodations on their ``mainline'' flights only, not on the 
flights operated by their smaller code-share affiliates. For 
example, some carriers do not provide medical oxygen on board. Don't 
assume that by communicating with the carrier for the first leg of 
your trip, other carriers handling the rest of the journey are fully 
briefed and able to accommodate you. Similarly, when booking 
reservations online, you may want to consider contacting each 
carrier by telephone to determine the carrier's individual policies 
and to provide and receive specific information to ensure your needs 
are met for each leg of your journey.
    If you are receiving assistance with transportation between 
gates by ground wheelchair, remember to instruct the personnel 
assisting you on your specific needs, e.g., whether or not you would 
like the airline employee or contractor to push you and the ground 
wheelchair through the terminal. Although in most instances you are 
not obligated to self identify as a passenger with a disability, 
keep in mind that conveying certain information or providing some 
guidance will permit carrier personnel to assist you better.
    Directing carrier personnel to remove footrests (if possible) 
and other removable parts of personal wheelchairs and stow them in 
the cabin may help to reduce the potential for damage to the 
wheelchair while it is stowed in the cabin or in the cargo hold.

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. More specifically, if, for 
example, 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, for example, you are able to walk short distances, but 
cannot ascend and descend steps, ask carrier personnel to provide a 
wheelchair for longer distances to and from the aircraft and a lift 
(if necessary). If, for example, you can ascend and descend 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 a plane, except in the case of 
an emergency evacuation. 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 and Keeping Them Near You

    Carrying medicine or other assistive devices like syringes as a 
carry-on item that you may need in the case of a flight cancellation 
or a missed flight may be a good idea. At times, passengers get 
separated unexpectedly from checked baggage. If you do decide to 
carry medication or other assistive devices with you on board, the 
items cannot be counted towards your carry-on baggage limit.
    You are entitled to keep your assistive device near you on board 
as long as it does not interfere with safety requirements.

Carry Information and Useful Documentation

    Bringing photocopies of instructions about the assembly and 
disassembly of wheelchairs and other assistive devices when you 
access air transportation may be a good idea. You can provide that 
information to carrier personnel storing or checking your wheelchair 
or assistive device. Attaching a laminated set of brief instructions 
to a wheelchair itself may also be a good idea in the event that 
your wheelchair is disassembled or reassembled in a secure area to 
which you do not have access.
    Bringing 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. It might help with 
locating a repair option or processing a claim for liability against 
the carrier responsible for the loss or damage.

Complaints

    Be aware that a Complaint Resolution Official (CRO) must be made 
available to you if you ask to speak with a manager or supervisor 
about a disability-related complaint. A CRO may be made available in 
person or by telephone. Passengers who are deaf or hard of hearing 
must be permitted to communicate with a CRO via a TTY on request.
    If you make a written complaint, you should state whether a CRO 
was contacted when the matter arose and, if so, include the name of 
the CRO and the date of the contact, if available, and any written 
response received from the CRO.

Familiarize Yourself With the Law

    Knowledge of the Air Carrier Access Act (ACAA) and its 
implementing regulations (14 CFR part 382) will permit you to be 
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 access air 
transportation in order to have the primary resource close at hand. 
Carriers must maintain a copy of the regulations at each airport 
they use. Therefore, if you are at an airport and have a question 
about the regulations, you may ask to review them and the carrier 
must provide them.

Individual Safety Briefings

    You may receive an individual safety briefing under certain 
circumstances. If so, you should be provided an accessible safety 
briefing and it must be performed in a discreet manner. Keep in mind 
that you may need to provide information to carrier personnel to 
ensure that the individual safety briefing is accessible to you.

Limitations on Accommodations

    Carrier personnel are expressly prohibited from performing 
certain tasks. For example, carrier personnel cannot physically 
hand-carry you on or off an airplane except in an emergency 
evacuation. In addition, while on board, carrier personnel are not 
required to administer medication to you, feed you, or accompany you 
into the lavatory to assist you.

Pre-Boarding as an Option

    Although you are not required to pre-board, choosing to take 
advantage of a pre-boarding opportunity may assist you in securing a 
seating accommodation when a carrier does not provide advance seat 
assignments. In this situation, as a passenger with a disability, 
you may choose to pre-board before all other passengers. You can 
select a seat that best meets your needs if you have taken advantage 
of the opportunity to pre-board.
    Pre-boarding may also permit you to secure the allotted stowage 
for your wheelchair or assistive device or it may permit easier 
access to overhead compartments if you are stowing your assistive 
device or parts of your wheelchair onboard.

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, e.g., 
a service animal cannot block the aisle or an exit.

Seating Assignments

    When requesting a particular seat assignment, it is useful to be 
as specific as possible about the type of seat that will meet your 
needs as a passenger with a disability. For example, instead of 
merely asking for an ``accessible'' seat, it is more helpful to 
provide some details about your specific needs, e.g., ask for a 
bulkhead seat or an aisle seat with a movable armrest. This way, 
carrier personnel can determine the most appropriate seating 
accommodation for you.

[[Page 41508]]

Service Animals

    It is not required under the law to provide advance notice if 
you are traveling with a service animal. However, in order to 
guarantee your seat assignment, you should be aware that, depending 
on whether the carrier provides advance seat assignments and the 
type of seating method it uses, it may have a policy requiring 
passengers with a disability (i) to request a particular seat 
assignment 24 hours in advance of the departure of the flight or 
(ii) to check in at least an hour before the departure of 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 policy and/or 
advance check-in requirement. 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 hassle to you.

Resources for Air Travelers With Disabilities

DOT Web Site

    DOT posts useful information for all consumers, including air 
travelers with disabilities, on its Web site at http://airconsumer.ost.dot.gov. Click on ``Travel Tips and Publications.'' 
The following publications are useful for air travelers with 
disabilities: Plane Talk--Passengers with Disabilities, Fly Rights, 
and New Horizons: Information for the Air Traveller With a 
Disability.
    Air travelers with disabilities can also access recent DOT 
enforcement orders to review DOT determinations involving the ACAA 
and part 382 by going to http://www.dot.gov and clicking on 
``Dockets and Regulations.'' See Appendix III for additional 
instructions for searching this data base of DOT enforcement orders 
and for a chart listing those enforcement orders related to the 
ACAA.

DOT Hotline

    The toll free telephone hotline system that provides general 
information about the rights of air travelers with disabilities, 
responds to requests for information, and assists air travelers with 
time-sensitive disability-related issues. Members of the public may 
call 1-800-778-4838 (voice) or 1-800-455-9880 (TTY) from 7 a.m. to 
11 p.m. Eastern time, seven days a week, to receive assistance 
regarding air travel by individuals with disabilities.

Carriers' Web Pages and Reservations Personnel

    Always check these resources when seeking information about 
services and equipment when accessing air transportation.

Appendix II

Airline Management-Related Issues

    Appendix II highlights provisions of the ACAA and the 
accompanying regulations outlining specific responsibilities of 
management of carriers, i.e., requirements to be implemented by 
management employees as opposed to personnel who deal with the 
traveling public, including passengers with a disability. In places, 
these are overlapping responsibilities and cross-references will be 
made to specific sections of this manual.

Discrimination Is Prohibited

    Management of carriers are required to ensure that the carrier 
(either directly or indirectly through its contractual, licensing, 
or other arrangements for provision of air transportation) does not 
discriminate against qualified individuals with a disability by 
reason of such disability. [Sec. 382.7(a)(1)] In addition, 
management of carriers should be aware that they are responsible for 
compliance with the ACAA and part 382 not only by their own 
employees, but also by employees of any company or entity performing 
functions on behalf of the carrier.
    More specifically, carriers cannot require a passenger with a 
disability to accept special services, e.g., pre-boarding, not 
requested by the passenger. [Sec. 382.7(a)(2)] Carriers cannot 
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 the ACAA and part 382. [Sec. 382.7(a)(3)] 
Carriers cannot take actions adverse to passengers with a disability 
if they assert their rights under the ACAA and part 382. [Sec. 
382.7(a)(4)]
    Carriers cannot limit the number of passengers with a disability 
on a given flight. [Sec. 382.31(c)] Carriers must modify policies, 
practices, and facilities as necessary to ensure nondiscrimination 
consistent with the standards of Section 504 of the Rehabilitation 
Act, as amended. Carriers are not required to make modifications 
that would constitute an undue burden or would fundamentally alter 
their program. [Sec. 382.7(c)]

Refusal of Transportation

    Carriers cannot refuse transportation to a qualified individual 
with a disability solely because the person's disability results in 
appearance or involuntary behavior that may offend, annoy, or 
inconvenience others. [Sec. 382.31(b)] Carriers must not refuse to 
provide transportation to a passenger with a disability on the basis 
of his or her disability unless it is expressly permitted by the 
ACAA and part 382. [Sec. 382.31(a)]

Safety Considerations

    The ACAA does not require air carriers to disregard applicable 
FAA safety regulations. [Sec. 382.3(d)]
    Carriers may refuse to provide transportation to any passenger 
on the basis of safety and if carriage would violate FAA 
regulations. However, when carriers exercise this authority, they 
must not discriminate against a passenger with a disability on the 
basis of disability. [Sec. 382.31(d)]

Written Explanation for Refusal of Transportation

    When a carrier refuses to provide transportation to a passenger 
on a basis relating to disability, the carrier must specify in 
writing to the passenger the basis for the determination within 10 
days of the refusal of transportation. [Sec. 382.31(e)] In the 
situation where refusal of transportation is based on safety 
concerns, the written notice must include the carrier's reasonable 
and specific basis for its opinion that transporting the passenger 
would be inimical to the safety of the flight.

No Charge for Accommodating Passengers With a Disability

    Carriers cannot impose charges for providing facilities, 
equipment, or services that are required by the ACAA and its 
accompanying regulations for passengers with a disability. [Sec. 
382.57]

Indirect Air Carriers

    If an indirect air carrier provides facilities or services for 
passengers that are covered for other carriers by sections 382.21 
through 382.55, the indirect air carrier must do so in a manner 
consistent with those regulations. [Sec. 382.7(b)]

Contractors and Travel Agents

    Carriers must receive assurances from their contractors who 
provide services, including travel agents (except non-U.S. citizens 
providing services outside the U.S.), that they will not 
discriminate on the basis of disability when providing such services 
and include a clause with that assurance in their contracts. [Sec. 
382.9(a)] Similarly, their contracts must contain a clause stating 
that contractor employees will comply with directives issued by 
CROs. [Sec. 382.9(b)]

Accessibility of Airport Facilities

    All terminal facilities and services owned, leased, or operated 
by a carrier at a commercial service airport, including parking and 
ground transportation, must comply with the Standards for Accessible 
Design under the Americans with Disabilities Act. [Sec. 382.23(e)] 
See also 49 CFR part 37, Appendix A. Carriers must ensure that these 
terminal facilities and services are accessible to and usable by 
individuals with disabilities, including individuals who use 
wheelchairs.\1\ Sec. 382.23(b)] For example, carriers must ensure 
that there is an accessible path between the gate and the boarding 
area. [Sec. 382.23(c)]
---------------------------------------------------------------------------

    \1\ Compliance with the requirements applying to places of 
public accommodation under Department of Justice (DOJ) regulations 
implementing Title III of the Americans with Disabilities Act (ADA) 
is sufficient for compliance under the ACAA and part 382 with 
respect to airport terminal facilities and services. [Sec. 
382.23(b)]
---------------------------------------------------------------------------

    Contracts or leases between carriers and airport operators 
concerning the use of airport facilities must set forth the 
respective responsibilities of the parties for the provision of 
accessible facilities and services to individuals with disabilities 
as required by law. [Sec. 382.23(f)]
    Carriers must not (i) restrict the movements of individuals with 
disabilities in terminals; (ii) require them to remain in a holding 
area or other location in order to receive assistance; or (iii) 
mandate separate treatment for individuals with disabilities except 
as required or permitted under part 382. [Sec. 382.55(c)]

[[Page 41509]]

Advance Notice and Reservation System

    Carriers' reservation and other administrative systems must 
ensure that when advance notice is provided by a passenger with a 
disability as provided by the ACAA and its implementing regulations 
(see Ch. 3, Section A), the notice is recorded and properly 
transmitted to operating employees responsible for providing the 
accommodation about which notice was provided. [Sec. 382.33(d)]

Service Animals

    Regardless of your carrier's policies with respect to pets, 
carriers are required by law to permit passengers with a disability 
to be accompanied by service animals in the cabin. [Sec. 382.55] See 
also Ch. 3, Section D and Appendix VI.

Aircraft Accessibility

    When considering ordering, purchasing, or leasing aircraft, 
management of carriers should keep in mind that the following 
features are required for aircraft ordered by the carrier after 
April 5, 1990, or delivered to the carrier after April 5, 1992. In 
addition, different size airplanes must be equipped with different 
features according to the law. For example, aircraft with:
     30 or more passenger seats must have movable aisle 
armrests on at least half of the aisle seats where it is feasible 
and it does not interfere with safety [Sec. 382.21(a)(i) and (ii)];
     100 or more passenger seats must have priority storage 
space within the cabin to stow at least one passenger's folding 
wheelchair [Sec. 382.21(a)(2)] and DOT has interpreted that to mean 
a space at least 13 inches wide, 36 inches high, and 42 inches long;
     More than one aisle in which lavatories are provided 
must include at least one lavatory accessible to passengers with a 
disability accessing the lavatory with an on-board wheelchair [Sec. 
382.21(a)(3)];
     More than 60 passenger seats having an accessible 
lavatory must be equipped with an on-board wheelchair [Sec. 
382.21(a)(4)(i)]; and
     More than 60 passenger seats having an inaccessible 
lavatory must be equipped with an on-board wheelchair when a 
passenger with a disability informs the carrier (providing advance 
notice under Sec. 382.33(b)(8)) that he/she can use an inaccessible 
lavatory but cannot reach the lavatory from his or her seat without 
the use of an on-board wheelchair. [Sec. 382.21(a)(4)(ii)]
    Requirements relating to retrofitting and replacing features to 
ensure accessibility as well as providing on-board wheelchairs are 
covered by other specific provisions. [Secs. 382.21(b) and (c)] 
However, any replacement or refurbishing of the aircraft cabin must 
not reduce existing accessibility to a level below that specified 
under the law. [Sec. 382.21(e)] Carriers must maintain aircraft 
accessibility features in proper working order. [Sec. 382.21(f)]

Seating Accommodations

    Under certain circumstances, if a passenger self-identifies as a 
passenger with a disability, carriers must provide seating 
accommodations. [Sec. 382.38(a)] In order to provide these seating 
accommodations and other seat assignment requests from passengers 
with a disability, carriers may implement a reservation system to 
provide for advance seat assignments. If a carrier provides advance 
seat assignments, it may employ either the seat ``blocking'' method 
or the ``priority'' seating method. Each method requires some 
advance notice on the part of the passenger with a disability in 
order to guarantee the seating accommodation. [Secs. 382.38(b) and 
(c)]
    Management of carriers should select an adequate reservation 
system to meet its needs, ensure proper administration of the 
reservation system, and provide employee training with respect to 
the reservation system and the requirements under the law for 
providing seating accommodations for passengers with disabilities.
    If carriers do not employ a system for advance seat assignments, 
if a passenger with a disability self-identifies, the passenger must 
be allowed to pre-board the aircraft and select a seat to 
accommodate a disability. [Sec. 382.38(d)]
    Carriers 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 
in need of a seat assignment to accommodate his or her disability. 
[Sec. 382.38(i)]
    Carriers must comply with all FAA safety requirements in 
responding to requests from individuals for seat assignment 
accommodations. [Sec. 382.38(j)]

Services and Equipment

Boarding Assistance in General

    If a passenger with a disability requests assistance getting on 
an airplane or carrier personnel offer assistance and the passenger 
consents, a carrier must provide such assistance with boarding. 
[Sec. 382.39(a)] The type of assistance carriers must offer 
includes, as needed, services personnel and the use of wheelchairs, 
ramps, or mechanical lifts. [Sec. 382.39(a)(1)]
    Carriers must provide access to the airplane for passengers with 
a disability by level-entry loading bridges or accessible passenger 
lounges where these means are available. [Sec. 382.39(a)(2)] 
Depending on the size of the aircraft, carriers have different 
obligations to provide boarding assistance to individuals with a 
disability using mechanical lifts, ramps, or other suitable devices 
that do not require lifting or carrying passengers up stairs. [Secs. 
382.40 and 382.40a] See also Ch. 5, Section C.
    Carriers must train to proficiency in the use of the boarding 
assistance equipment and procedures regarding the safety and dignity 
of passengers receiving boarding assistance. [Secs. 382.40(d) and 
382.40a(d)]

Storing Wheelchairs and Other Assistive Devices in the Cabin

    Carriers must allow passengers with a disability using personal 
ventilators/respirators to bring their equipment, including non-
spillable batteries, on board the aircraft as long as FAA safety 
regulations are met. [Sec. 382.41(b)] Carriers must permit 
passengers to stow their canes and other assistive devices in the 
cabin and close to their seats, consistent with FAA safety 
regulations concerning carry-on items. [Sec. 382.41(c)]
    Carriers must not count assistive devices toward the limit on 
carry-on items when a passenger with a disability brings an 
assistive device on board the aircraft. [Sec. 382.41(d)] 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. [Sec. 382.41(f)(3)] In addition, because carriers 
cannot charge for facilities, equipment, or services required under 
the law to be provided to qualified individuals with a disability, 
no charge would be imposed if a wheelchair or assistive device 
exceeded the limit on checked baggage. [Sec. 382.57] Carriers must 
permit the in-cabin storage of wheelchairs or components of 
wheelchairs, including folding, collapsible, or breakdown battery-
powered wheelchairs. [Sec. 382.41(e)] In addition, aircraft with 100 
or more passenger seats (ordered after April 5, 1990, or delivered 
after April 5, 1992) must have a priority space in the cabin 
designated for stowage of at least one passenger's folding 
wheelchair. [Sec. 382.21(a)(2)]

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. [Sec. 
382.21(a)(4)(iii)]

Wheelchairs Unable To Be Stowed in the Cabin as Carry-On

    When a folding, collapsible, or break-down wheelchair cannot be 
stowed in the cabin as carry-on baggage, carriers must ensure the 
timely checking and return of the passenger's wheelchair or other 
assistive device as close as possible to the door of the aircraft. 
[Sec. 382.41(f)]
    In order to ensure the timely return of a passenger's wheelchair 
or other assistive device, carriers must maintain a baggage storage 
system so that the wheelchair or other assistive device must be 
among the first items retrieved from the baggage compartment [Sec. 
382.41(f)(2)] and it must be stowed in the baggage compartment with 
priority over other items and baggage. [Sec. 382.41(f)(3)]

Battery-Powered Wheelchairs

    Carriers must accept a passenger's battery-powered wheelchair, 
including the battery, as checked baggage unless baggage compartment 
size and aircraft airworthiness considerations prohibit it. [Sec. 
382.41(g)]
    Carriers may require that a passenger with a disability wishing 
to have a battery-powered wheelchair transported on a flight 
(including in the cabin) check in for the flight one hour before the 
scheduled departure time. [Sec. 382.41(g)(1)]
    If (i) the battery on the passenger's wheelchair has been 
labeled by the manufacturer as non-spillable or (ii) the battery-
powered wheelchair with a spillable

[[Page 41510]]

battery can be loaded, stored, secured, and unloaded in an upright 
position, carriers must not require the battery to be removed and 
separately packaged. Carrier personnel may remove and package 
separately any battery that appears to be damaged or leaking. [Sec. 
382.41(g)(2)]
    When it is necessary to detach a battery from a wheelchair, 
carriers must provide packaging for the battery and package the 
battery consistent with appropriate hazardous materials regulations. 
[Sec. 382.41(g)(3)]

Liability for Loss or Damage

    On domestic flights, the baggage liability limits do not apply 
for liability for loss, damage, or delay concerning wheelchairs or 
other assistive devices. Instead, the criterion for calculating the 
compensation for lost, damaged, or destroyed wheelchairs or other 
assistive devices must be the original price of the device. [Sec. 
382.43(b)] Carrier personnel 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. [Sec. 382.43(c)] Carrier 
personnel may make notes about preexisting damage or conditions of 
wheelchairs or other assistive devices.

Individual Safety Briefings and Timely and Complete Access to 
Information

    Carriers must ensure that, upon request, passengers with a 
disability, including those who are blind or visually impaired or 
deaf, hard of hearing, or deaf-blind, have timely access to 
information being provided to other passengers, including but not 
limited to, safety briefings [Secs. 382.45 and 382.47] and 
information concerning ticketing, flight delays, schedule changes, 
connections, flight check-in, gate assignments, the checking and 
claiming of luggage, and aircraft changes that will affect the 
travel of passengers with a disability. [Sec. 382.45(c)] See also 
Ch. 5, Section F. If the safety briefing is presented to passengers 
on video screens, carriers must ensure that the video presentation 
is accessible to passengers who are deaf or hard of hearing. [Sec. 
382.47(b)]

Complaint Procedures

    Carriers providing scheduled service must establish and 
implement a complaint resolution mechanism including designation of 
one or more complaints resolution officials (CRO's). [Sec. 
382.65(a)] The carrier must make the CRO available during all times 
the carrier is operating at the airport. [Sec. 382.65(a)(1)] See 
also Ch. 6.
    Certificated U.S. carriers and foreign carriers \1\ operating 
to, from, and in the United States using at least one aircraft with 
more than 60 passenger seats, must record, categorize, and report 
written disability-related complaints received by carriers to DOT on 
an annual basis. [Secs. 382.70(b) and (c)] The first annual report 
for calendar year 2004 was required to be submitted to DOT by 
January 25, 2005. [Sec. 382.70(d)] In addition, carriers must use 
the form specified in Appendix A to part 382 when making the annual 
report to DOT. Carriers must develop a system for recording and 
collecting data regarding specific categories of written disability-
related complaints that they receive according to the type of 
disability and the nature of the complaint. [Sec. 382.70(c)]
---------------------------------------------------------------------------

    \1\ Foreign carriers are covered by this section only with 
respect to disability-related complaints associated with any flight 
segment originating or terminating in the United States. [Sec. 
382.70(b)]
---------------------------------------------------------------------------

Employee Training

    Management of carriers should be aware that proper training of 
carrier personnel is critical to compliance with the ACAA and part 
382.
    Carriers operating aircraft with more than 19 passenger seats 
must provide training for all personnel who deal with the traveling 
public, as appropriate to the duties and responsibilities of each 
employee. [Sec. 382.61(a)]
    Carriers must provide training to proficiency in the 
requirements of the ACAA and its implementing regulations and other 
DOT and FAA regulations affecting the provision of air 
transportation to passengers with a disability, including the proper 
and safe operation of any equipment used to accommodate passengers 
with a disability. [Sec. 382.61(a)(1)(i) and (ii)]
    Carriers must also train employees who deal with the traveling 
public regarding awareness and appropriate responses to individuals 
with a disability, including individuals with physical, sensory, 
mental, and emotional disabilities, including how to distinguish 
among the differing abilities of individuals with a disability. 
[Sec. 382.61(a)(2)]
    Carriers must consult with organizations representing persons 
with disabilities in developing their training programs and policies 
concerning which carrier personnel receive training. [Sec. 
382.61(a)(3)]
    Carriers must provide or require their contractors to provide 
training to contractors' employees who deal with the traveling 
public regarding providing air transportation to passengers with a 
disability.

Carrier Programs

    Carriers operating aircraft with more than 19 passenger seats 
must establish and implement a written program for carrying out the 
requirements of the law. [Sec. 382.63(a)] The program must include: 
(i) A training schedule for training carrier personnel on 
compliance; and (ii) the carrier's policies and procedures for 
accommodating individuals with a disability consistent with the 
requirements under the law. [Sec. 382.63(b)] DOT has the authority 
to request and review such programs as appropriate. [Secs. 382.63(c) 
and (d)]

Security Screenings

    Carriers must undertake any security screening of a passenger 
with a disability in the same manner as any other passenger. See Ch. 
4, Section B. In the wake of the events of September 11, 2001, 
however, in most cases, TSA has taken over for carriers in the area 
of providing security screenings of passengers. Should carriers 
resume this responsibility or in cases where carriers still retain 
some involvement in the security screening process, this section 
would be applicable to carriers and contractors of carriers 
performing this function.

Appendix III

Frequently Asked Questions

    Question: What's the difference between the Air Carrier Access 
Act (ACAA) and the Americans with Disabilities Act (ADA)?
    Answer: The ACAA, signed into law by then-President Reagan in 
1986, prohibits discrimination by airlines against individuals with 
disabilities in commercial air transportation. The ADA, signed into 
law after the ACAA in 1990 by then-President Bush, prohibits 
discrimination against individuals with disabilities in employment, 
public accommodations, commercial facilities, telecommunications, 
and transportation other than by commercial airlines (e.g., subway 
and bus systems). [Sec. 382.1]
    Question: Do the ACAA and its implementing regulations (14 CFR 
part 382 or part 382) apply to both U.S. and foreign carriers?
    Answer: When initially passed in 1986, the ACAA and part 382 
(subsequently issued in March 1990) applied only to U.S. carriers. 
However, on April 5, 2000, Congress extended the applicability of 
the ACAA to cover foreign carriers. At approximately the same time, 
DOT issued a notice to foreign carriers advising them that the 
Department intended to use the provisions of part 382, which by its 
terms does not impose requirements on foreign air carriers, as 
guidance in investigating any complaints it receives alleging 
noncompliance with the ACAA by foreign carriers. The only provision 
of part 382 that currently applies to foreign air carriers is 
Section 382.70(b), which expressly requires foreign carriers to 
record, categorize, and report written disability-related complaints 
associated with any flight segment originating or terminating in the 
U.S. to DOT on an annual basis. DOT will soon be issuing a revised 
part 382 that will apply to both U.S. and foreign carriers. [Sec. 
382.3]
    Question: Recently, I broke my leg and I'll be in a cast and 
walking with crutches for several weeks. Am I covered by the ACAA?
    Answer: Yes. The ACAA and part 382 apply to individuals who have 
a physical or mental impairment that, on a permanent or temporary 
basis, substantially limits a major life activity. Since your 
temporary impairment limits the major life activity of walking, you 
are considered a qualified individual with a disability. Therefore, 
you are covered by the ACAA and Part 382. [Sec. 382.5]
    Question: Am I entitled to the services and accommodations 
required by part 382 if I'm a qualified individual with a disability 
but I'm not a passenger, but rather I am just going to the airport 
to meet a friend who is traveling?
    Answer: Yes. Carriers are required, under appropriate 
circumstances, to provide the services and accommodations mandated 
by part 382, on request, to all qualified individuals with 
disabilities, whether or not such individuals are passengers or 
simply using the airport facility for other reasons (e.g., meeting a 
friend, purchasing a ticket for a future flight, etc.)
    Question: I understand that part 382 requires airlines to 
provide wheelchair

[[Page 41511]]

enplaning assistance, on request. I need wheelchair assistance 
getting from the curb, at the entrance to the airport, to the 
airplane. Are carriers required to provide wheelchair service from 
the curb to the airplane or only from the ticket counter to the 
airplane?
    Answer: Part 382 requires carriers to provide wheelchair 
enplaning help, on request, from the curb to the airplane on 
departure, and from the airplane back out to the curb upon arrival. 
However, carriers are not required to station employees at the curb 
to await the arrival of passengers with disabilities. Therefore, it 
is advisable to ask a friend or a cab driver to help in getting the 
attention of carrier personnel in the terminal to obtain the 
required assistance if the carrier does not have curb-side 
attendants. If requested, after your flight arrives at your 
destination, the carrier must also assist you in claiming your 
checked luggage before assisting you in a wheelchair to the curb. 
[Sec. 382.39]
    Question: Are airlines allowed to charge for providing services 
to passengers with disabilities?
    Answer: Airlines are not allowed to charge passengers for 
providing services or accommodations required by part 382, but may 
charge for optional services or accommodations. Examples of required 
services for which carriers may not charge are assistance with 
enplaning, deplaning, and making flight connections, and the 
carriage of assistive devices (including the provision of hazardous 
materials packaging for wheelchair batteries, when appropriate). 
Examples of optional services for which carriers may charge are the 
provision of in-flight medical oxygen and stretcher service. [Sec. 
382.57]
    Question: I was flying a U.S. carrier from New York to 
California and they damaged my expensive battery-powered wheelchair. 
I purchased this wheelchair last year for $10,000. The repair cost 
was $3,000. Can the carrier limit the amount of money they pay me 
for this claim to $2,800, as they currently may for domestic baggage 
claims?
    Answer: No. On claims involving damage to assistive devices on 
domestic flights, carriers may not invoke the liability limit 
applicable to baggage claims. The criterion for calculating the 
compensation for lost or damaged wheelchairs and other assistive 
devices is the original purchase price of the device. In this 
instance, the carrier should pay you or the repair company $3,000 
provided that you can document the initial purchase price of the 
wheelchair and the cost of the repair. You may also be entitled to 
reimbursement for the cost of a loaner or rental wheelchair while 
yours is being repaired. [Sec. 382.43]
    Question: I'm flying from Cleveland to Chicago on ABC Airlines 
and then connecting on XYZ Airlines on a flight from Chicago to 
Seattle. I need wheelchair assistance to reach my connecting gate. 
Which carrier is responsible for providing this wheelchair 
assistance to the connecting gate?
    Answer: As the delivering carrier, ABC Airlines is required to 
provide you with the requested wheelchair assistance in reaching 
your connecting gate, at which point XYZ Airlines is then 
responsible for providing you with assistance in enplaning onto your 
connecting flight. The delivering carrier must assist you in 
reaching your connecting gate even if you are traveling on two 
separate tickets and the connecting flight is departing from a 
different terminal within the same airport. However, you should make 
the need for such assistance clear to ABC Airlines before the 
flight, if possible. [Sec. 382.39]
    Question: On aircraft that must have a priority stowage space in 
the cabin for my personal folding wheelchair, do I still get 
priority stowage for my folding wheelchair if the pilot happens to 
have his personal belongings in that space when I pre-board?
    Answer: Yes. Your personal folding wheelchair takes priority 
over the personal carry-on items of the pilot and crew. [Sec. 
382.41(e)(2)]
    Question: I fly with my service animal and normally ask for a 
bulkhead seat, as it provides a little bit more room for my service 
dog. On a recent flight, the carrier would not allow me to sit in 
the bulkhead row with my service animal because the bulkhead row was 
also an emergency exit row. Was the carrier correct in asking me to 
take a seat other than a bulkhead seat in the emergency exit row?
    Answer: Yes. The carrier was within its rights to refuse to 
permit you to sit in the bulkhead seat with your service animal, 
because the service animal may have blocked access to the emergency 
exit. Carriers must comply with all applicable FAA safety rules, 
even when attempting to accommodate the needs of passengers with 
disabilities. In such instances, the carrier should permit you and 
your service animal to move to another seat within the cabin that is 
not located in an emergency exit row that best accommodates your 
needs. [Sec. 382.37]
    Question: Is obesity considered a disability under the ACAA and, 
if so, is an obese passenger entitled to two seats for the price of 
one if he or she needs more than one seat?
    Answer: Obesity in and of itself is not necessarily a qualifying 
disability. However, obesity could be a qualifying disability if, 
for example, it substantially limits a major life activity, such as 
walking. If an obese passenger--whether the passenger is a qualified 
individual with a disability or not--occupies more than one seat, 
airlines may charge that passenger for the number of seats the 
passenger occupies. Also, there may be certain obese persons who are 
too heavy to be safely accommodated on certain aircraft, e.g., 
because of safety limitations on seatbelts. [Secs. 382.5 and 
382.38(i)]
    Question: I require medical oxygen when I travel by air. Are 
airlines required to provide in-flight medical oxygen and, if so, 
may they charge passengers for providing medical oxygen?
    Answer: Although many of the major U.S. carriers currently 
provide in-flight medical oxygen for a fee, part 382 does not 
require them to do so. Those carriers that choose to provide in-
flight medical oxygen may charge passengers for this service, just 
as they may for other optional services, such as stretcher service. 
[Sec. 382.33]
    Question: I'm a paraplegic and travel with my personal manual 
wheelchair. May airlines require me to travel with an attendant?
    Answer: Airlines may not require a passenger with a mobility 
impairment to travel with an attendant if that passenger can 
physically assist in his or her evacuation. Since, in most 
instances, paraplegics have use of their arms and upper bodies, they 
can usually physically assist in their evacuation and generally 
should not be required to travel with an attendant. To the contrary, 
quadriplegics with no use of their arms or legs can be required to 
fly with an attendant. [Sec. 382.35]
    Question: I'm deaf and want to make sure that I receive 
important information such as schedule changes, gate changes, etc. 
Do the airlines have to provide me with such information?
    Answer: Yes. Part 382 requires carriers to provide passengers 
who are deaf or hard of hearing or who have vision impairments with 
timely access to the same information that they provide to other 
passengers in the airport terminal or on the aircraft. Persons who 
are unable to obtain this information from the audio or visual 
systems used by carriers may have to advise the carrier about the 
nature of their disability, at which point the carrier must ensure 
that such individuals receive the necessary information in an 
accessible manner. [Sec. 382.45]
    Question: Can things other than wheelchairs or canes be 
assistive devices? What exactly does part 382 mean when it refers to 
assistive devices?
    Answer: Assistive devices under Part 382 are not limited to 
mobility devices such as wheelchairs, walkers, and canes. An 
assistive device can be any piece of equipment that assists 
passengers with a disability in carrying out a major life activity. 
Such devices are those devices or equipment used to assist a 
passenger with a disability in caring for himself or herself, 
performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, working, or performing other functions of daily 
life. Assistive devices may include medical devices and medications.
    Question: How can I find out information on the number and types 
of disability-related complaints filed with DOT against specific 
airlines?
    Answer: DOT's Aviation Consumer Protection Division publishes a 
monthly Air Travel Consumer Report (ATCR) which provides information 
on the number of disability-related complaints received each month 
by DOT. The ATCR can be accessed at http://airconsumer.ost.dot.gov. 
In addition, an amendment to DOT's disability rule (part 382) that 
came into effect on August 7, 2003, requires U.S. and foreign 
airlines operating passenger-carrying flights to and from the United 
States with aircraft having a designed seating capacity of more than 
60 seats to report annually to DOT on the number and type of written 
disability-related complaints that they receive. These individual 
carrier reports will contain summary information on the number of 
such complaints, the type of disability, and the nature of the 
complaint. The first such report, which covers written complaints 
received by the airlines during calendar year 2004, was due by 
January 25, 2005. DOT intends to provide a summary report to 
Congress, which will be available to the public. [Section 382.70]

[[Page 41512]]

    Question: I travel with a service animal and ask for a bulkhead 
seat if one is available, as I find such a seat to be more 
comfortable for my service dog. How come some passengers with 
service animals avoid the bulkhead row?
    Answer: It is DOT's understanding that some service animals are 
trained to curl up underneath a non-bulkhead row airline seat, 
whereas other service animals are more comfortable in the area 
between a bulkhead seat and the bulkhead wall itself. For this 
reason, when DOT amended part 382 to require seating accommodations 
for passengers traveling with service animals, it required carriers 
to provide either a seat in a bulkhead row or a seat other than a 
bulkhead seat, depending on the individual passenger's preference.
    Question: Are airlines allowed to require all passengers who are 
both deaf and blind to travel with an attendant?
    Answer: No. Airlines may not have a policy that requires all 
passengers who are both deaf and blind to travel with an attendant. 
However, if an individual passenger has both a hearing and vision 
impairment so severe that the individual cannot establish some means 
of communicating with airline personnel sufficiently to receive the 
preflight safety briefing (e.g., using the ``printing on palm'' 
method of ``writing'' with your fingertip on the palm of the 
passenger's hand, or using a ``raised alphabet'' card to 
communicate), an airline could require that individual to travel 
with an attendant. DOT recognizes that in many situations carrier 
personnel may have difficulty communicating with a passenger who is 
deaf and blind. Such determinations must be made on a case-by-case 
basis using an individualized assessment of the passenger's specific 
capabilities.

Appendix IV

Recent Department of Transportation Enforcement Orders Related to the 
Air Carrier Access Act

    The following list of orders pertains to administrative 
enforcement actions conducted by or filed with the Aviation 
Enforcement and Proceedings (AEP) Office of the Department of 
Transportation (DOT). These administrative determinations by and 
large pertain to decisions resulting from enforcement actions 
against air carriers pursuant to the Air Carrier Access Act (ACAA), 
49 U.S.C. 41705, and its implementing regulations, 14 CFR part 382, 
which prohibit discrimination by U.S. air carriers against qualified 
individuals with disabilities. These orders may be informative in 
assisting the reader to understand how the ACAA and its implementing 
regulation have been interpreted by DOT and applied in enforcement 
actions against air carriers.
    The AEP Office's statutory jurisdiction spans a broad range of 
regulatory legal issues including civil rights and consumer 
protection, among others. The AEP issues many and varied types of 
orders within the scope of its authority. The orders listed in this 
appendix address only the most recent civil rights enforcement 
actions under the ACAA, going back to March, 2000 and are not meant 
to be a complete listing of all ACAA orders issued by the DOT 
through its AEP Office.
    To access these orders, go to http://www.dot.gov. Click on 
``Dockets and Regulations,'' then ``Docket Management System,'' and 
then on ``Simple Search.'' Type in the last five digits of the 
docket number pertaining to the order that you are interested in. 
Using the date the order was issued and/or the order number, scroll 
through the docket index to identify the order you wish to review 
and click on the appropriate format in which you wish to retrieve 
the document.

----------------------------------------------------------------------------------------------------------------
                                                 Date of
                    Issues                        issue      Order No.                  Docket No.
----------------------------------------------------------------------------------------------------------------
Failure to provide prompt and proper               8/18/04    2004-8-19  OST-2004-16943
 enplaning, connecting, and deplaning
 assistance primarily to passengers who have
 mobility impairments.
``Medically-prescribed marijuana''...........      5/27/04    2004-5-25  OST-2003-14808
Failure to provide a priority space to stow        4/30/04    2004-4-22  OST-2004-16943
 at least one passenger's folding wheelchair
 in the cabin.
Failure to provide a priority space to stow         3/9/04     2004-3-4  OST-2004-16493
 at least one passenger's folding wheelchair
 in the cabin.
Failure to provide prompt and proper               12/5/03    2003-12-6  OST-2003-14194
 enplaning, connecting, and deplaning
 assistance primarily to passengers who have
 mobility impairments.
Failure to provide a priority space to stow       11/13/03    2003-11-5  OST-2003-14194
 at least one passenger's folding wheelchair
 in the cabin.
Failure to provide prompt and proper              11/10/03    2003-11-4  OST-2003-16507
 enplaning, connecting, and deplaning
 assistance primarily to passengers who have
 mobility impairments.
Failure to provide a priority space to stow        10/8/03   2003-10-11  OST-2003-14194
 at least one passenger's folding wheelchair
 in the cabin.
Failure to provide adequate transport,              9/8/03     2003-9-4  OST-2003-14194
 enplaning, and deplaning assistance,
 wheelchair stowage and damage.
Failure to provide a priority space to stow        8/28/03    2003-8-30  OST-2003-14194
 at least one passenger's folding wheelchair
 in the cabin.
Failure to provide a priority space to stow        8/28/03    2003-8-29  OST-2003-14194
 at least one passenger's folding wheelchair
 in the cabin.
Failure to provide a priority space to stow        8/28/03    2003-8-28  OST-2003-14194
 at least one passenger's folding wheelchair
 in the cabin.
Prompt and proper enplaning and deplaning          7/11/03    2003-7-12  OST-2003-14194
 assistance.
Prompt and proper enplaning and deplaning           6/2/03     2003-6-3  OST-2001-10598
 assistance.
Prompt and proper enplaning and deplaning          3/26/03    2003-3-19  OST-2003-14194
 assistance.
Prompt and proper enplaning and deplaning           3/4/03     2003-3-1  OST-2003-14194
 assistance.
Special seating accommodations for tall            3/19/02    2002-7-36  OST-2001-8991
 people.
Adequate wheelchair assistance and other           2/11/02    2002-3-15  OST-2002-10598
 required assistance.
Refusal to transport a person with a                8/2/01    2001-8-17  OST-2001-19598
 disability.
Sensitivity to tobacco smoke.................      3/12/01     2001-3-9  OST-2000-7891
In-cabin wheelchair stowage..................     2/7/2001     2001-2-6  OST-2000-7591
Refusal to transport a person with a               8/22/00    2000-8-18  OST-2000-19597
 disability.
Prompt and proper enplaning and deplaning          3/27/00    2000-3-24  OST-99-6111
 assistance; wheelchair stowage.
----------------------------------------------------------------------------------------------------------------

BILLING CODE 4910-62-P

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Appendix V

14 CFR Part 382
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BILLING CODE 4910-62-C

Appendix VI

DOT Guidance Concerning Service Animals in Air Transportation

POLICY GUIDANCE CONCERNING SERVICE ANIMALS IN AIR TRANSPORTATION

    In 1990, the U.S. Department of Transportation (DOT) promulgated 
the official regulations implementing the Air Carrier Access Act 
(ACAA). Those rules are entitled Nondiscrimination on the Basis of 
Disability in Air Travel (14 CFR Part 382). Since then the number of 
people with disabilities traveling by air has grown steadily. This 
growth has increased the demand for air transportation accessible to 
all people with disabilities and the importance of understanding 
DOT's regulations and how to apply them. This document expands on an 
earlier DOT guidance document published in 1996,\4\ which was based 
on an earlier Americans with Disabilities Act (ADA) service animal 
guide issued by the Department of Justice (DOJ) in July 1996. The 
purpose of this document is to aid airline employees and people with 
disabilities in understanding and applying the ACAA and the 
provisions of Part 382 with respect to service animals in 
determining:
---------------------------------------------------------------------------

    \4\ 61 FR 56409, 56420 (Nov. 1, 1996).
---------------------------------------------------------------------------

    (1) Whether an animal is a service animal and its user a 
qualified individual with a disability;
    (2) How to accommodate a qualified person with a disability with 
a service animal in the aircraft cabin; and
    (3) When a service animal legally can be refused carriage in the 
cabin.

Background

    The 1996 DOT guidance document defines a service animal as ``any 
guide dog, signal dog, or other animal individually trained to 
provide assistance to an individual with a disability. If the animal 
meets this definition, it is considered a service animal regardless 
of whether it has been licensed or certified by a state or local 
government.'' This document refines DOT's previous definition of 
service animal \5\ by making it clear that animals that assist 
persons with disabilities by providing emotional support qualify as 
service animals and ensuring that, in situations concerning 
emotional support animals, the authority of airline personnel to 
require documentation of the individual's disability and the medical 
necessity of the passenger traveling with the animal is understood.
---------------------------------------------------------------------------

    \5\ See Glossary for definition of this and other terms.
---------------------------------------------------------------------------

    Today, both the general public and people with disabilities use 
many different terms to identify animals that can meet the legal 
definition of ``service animal.'' These range from umbrella terms 
such as ``assistance animal'' to specific labels such as 
``hearing,'' ``signal,'' ``seizure alert,'' ``psychiatric service,'' 
``emotional support'' animal, etc. that describe how the animal 
assists a person with a disability.
    When Part 382 was promulgated, most service animals were guide 
or hearing dogs. Since then, a wider variety of animals (e.g., cats, 
monkeys, etc.) have been individually trained to assist people with 
disabilities. Service animals also perform a much wider variety of 
functions than ever before (e.g., alerting a person with epilepsy of 
imminent seizure onset, pulling a wheelchair, assisting persons with 
mobility impairments with balance). These developments can make it 
difficult for airline employees to distinguish service animals from 
pets, especially when a passenger does not appear to be disabled, or 
the animal has no obvious indicators that it is a service animal. 
Passengers may claim that their animals are service animals at times 
to get around airline policies that restrict the carriage of pets. 
Clear guidelines are needed to assist airline personnel and people 
with disabilities in knowing what to expect and what to do when 
these assessments are made.
    Since airlines also are obliged to provide all accommodations in 
accordance with FAA safety regulations (see section 382.3(d)), 
educated consumers help assure that airlines provide accommodations 
consistent with the carriers' safety duties and responsibilities. 
Educated consumers also assist the airline in providing them the 
services they want, including accommodations, as quickly and 
efficiently as possible.

General Requirements of Part 382

    In a nutshell, the main requirements of Part 382 regarding 
service animals are:
     Carriers shall permit dogs and other service animals 
used by persons with disabilities to accompany the persons on a 
flight. See section 382.55(a)(1-2).
    [rtarr8] Carriers shall accept as evidence that an animal is a 
service animal identifiers such as identification cards, other 
written documentation, presence of harnesses, tags or the credible 
verbal assurances of a qualified individual with a disability using 
the animal.
    [rtarr8] Carriers shall permit a service animal to accompany a 
qualified individual with a disability in any seat in which the 
person sits, unless the animal obstructs an aisle or other area that 
must remain unobstructed in order to facilitate an emergency 
evacuation or to comply with FAA regulations.
     If a service animal cannot be accommodated at the seat 
location of the qualified individual with a disability whom the 
animal is accompanying, the carrier shall offer the passenger the 
opportunity to move with the animal to a seat location in the same 
class of service, if present on the aircraft, where the animal can 
be accommodated, as an alternative to requiring that the animal 
travel in the cargo hold (see section 382.37(c)).
     Carriers shall not impose charges for providing 
facilities, equipment, or services that are required by this part to 
be provided to qualified individuals with a disability (see section 
382.57).

Two Steps for Airline Personnel

    To determine whether an animal is a service animal and should be 
allowed to accompany its user in the cabin, airline personnel 
should:
    1. Establish whether the animal is a pet or a service animal, 
and whether the passenger is a qualified individual with a 
disability; and then
    2. Determine if the service animal presents either:
     A ``direct threat to the health or safety of others,'' 
or
     A significant threat of disruption to the airline 
service in the cabin (i.e. a ``fundamental alteration'' to passenger 
service). See 382.7(c).

Service Animals

    How do I know it's a service animal and not a pet? Remember: In 
most situations the key is TRAINING. Generally, a service animal is 
individually trained to perform functions to assist the passenger 
who is a qualified individual with a disability. In a few extremely 
limited situations, an animal such as a seizure alert animal may be 
capable of performing functions to assist a qualified person with a 
disability without individualized training. Also, an animal used for 
emotional support need not have specific training for that function. 
Similar to an animal that has been individually trained, the 
definition of a service animal includes:
     An animal that has been shown to have the innate 
ability to assist a person with a disability; or
     An emotional support animal.
    These five steps can help one determine whether an animal is a 
service animal or a pet:
    1. Obtain credible verbal assurances: Ask the passenger: ``Is 
this your pet?'' If the

[[Page 41528]]

passenger responds that the animal is a service animal and not a 
pet, but uncertainty remains about the animal, appropriate follow-up 
questions would include:
    [rtarr8] ``What tasks or functions does your animal perform for 
you?'' or
    [rtarr8] ``What has it been trained to do for you?''
    [rtarr8] ``Would you describe how the animal performs this task 
(or function) for you?''
     As noted earlier, functions include, but are not 
limited to:
    A. Helping blind or visually impaired people to safely negotiate 
their surroundings;
    B. Alerting deaf and hard-of-hearing persons to sounds;
    C. Helping people with mobility impairments to open and close 
doors, retrieve objects, transfer from one seat to another, maintain 
balance; or
    D. Alert or respond to a disability-related need or emergency 
(e.g., seizure, extreme social anxiety or panic attack).
     Note that to be a service animal that can properly 
travel in the cabin, the animal need not necessarily perform a 
function for the passenger during the flight. For example, some dogs 
are trained to help pull a passenger's wheelchair or carry items 
that the passenger cannot readily carry while using his or her 
wheelchair. It would not be appropriate to deny transportation in 
the cabin to such a dog.
     If a passenger cannot provide credible assurances that 
an animal has been individually trained or is able to perform some 
task or function to assist the passenger with his or her disability, 
the animal might not be a service animal. In this case, the airline 
personnel may require documentation (see Documentation below).
     There may be cases in which a passenger with a 
disability has personally trained an animal to perform a specific 
function (e.g., seizure alert). Such an animal may not have been 
trained through a formal training program (e.g., a ``school'' for 
service animals). If the passenger can provide a reasonable 
explanation of how the animal was trained or how it performs the 
function for which it is being used, this can constitute a 
``credible verbal assurance'' that the animal has been trained to 
perform a function for the passenger.
    2. Look for physical indicators on the animal: Some service 
animals wear harnesses, vests, capes or backpacks. Markings on these 
items or on the animal's tags may identify it as a service animal. 
It should be noted, however, that the absence of such equipment does 
not necessarily mean the animal is not a service animal.
    3. Request documentation for service animals other than 
emotional support animals: The law allows airline personnel to ask 
for documentation as a means of verifying that the animal is a 
service animal, but DOT urges carriers not to require documentation 
as a condition for permitting an individual to travel with his or 
her service animal in the cabin unless a passenger's verbal 
assurance is not credible. In that case, the airline may require 
documentation as a condition for allowing the animal to travel in 
the cabin. The purpose of documentation is to substantiate the 
passenger's disability-related need for the animal's accompaniment, 
which the airline may require as a condition to permit the animal to 
travel in the cabin. Examples of documentation include a letter from 
a licensed professional treating the passenger's condition (e.g., 
physician, mental health professional, vocational case manager, 
etc.)
    4. Require documentation for emotional support animals: With 
respect to an animal used for emotional support (which need not have 
specific training for that function), airline personnel may require 
current documentation (i.e., not more than one year old) on 
letterhead from a mental health professional stating (1) that the 
passenger has a mental health-related disability; (2) that having 
the animal accompany the passenger is necessary to the passenger's 
mental health or treatment or to assist the passenger (with his or 
her disability); and (3) that the individual providing the 
assessment of the passenger is a licensed mental health professional 
and the passenger is under his or her professional care. Airline 
personnel may require this documentation as a condition of 
permitting the animal to accompany the passenger in the cabin. The 
purpose of this provision is to prevent abuse by passengers that do 
not have a medical need for an emotional support animal and to 
ensure that passengers who have a legitimate need for emotional 
support animals are permitted to travel with their service animals 
on the aircraft. Airlines are not permitted to require the 
documentation to specify the type of mental health disability, e.g., 
panic attacks.
    5. Observe behavior of animals: Service animals are trained to 
behave properly in public settings. For example, a properly trained 
guide dog will remain at its owner's feet. It does not run freely 
around an aircraft or an airport gate area, bark or growl repeatedly 
at other persons on the aircraft, bite or jump on people, or urinate 
or defecate in the cabin or gate area. An animal that engages in 
such disruptive behavior shows that it has not been successfully 
trained to function as a service animal in public settings. 
Therefore, airlines are not required to treat it as a service 
animal, even if the animal performs an assistive function for a 
passenger with a disability or is necessary for a passenger's 
emotional well-being.
    What about service animals in training? Part 382 requires 
airlines to allow service animals to accompany their handlers \6\ in 
the cabin of the aircraft, but airlines are not required otherwise 
to carry animals of any kind either in the cabin or in the cargo 
hold. Airlines are free to adopt any policy they choose regarding 
the carriage of pets and other animals provided that they comply 
with other applicable requirements (e.g., the Animal Welfare Act). 
Although ``service animals in training'' are not pets, the ACAA does 
not include them, because ``in training'' status indicates that they 
do not yet meet the legal definition of service animal. However, 
like pet policies, airline policies regarding service animals in 
training vary. Some airlines permit qualified trainers to bring 
service animals in training aboard an aircraft for training 
purposes. Trainers of service animals should consult with airlines, 
and become familiar with their policies.
---------------------------------------------------------------------------

    \6\ Service animal users typically refer to the person who 
accompanies the animal as the ``handler.''
---------------------------------------------------------------------------

    What about a service animal that is not accompanying a qualified 
individual with a disability? When a service animal is not 
accompanying a passenger with a disability, the airline's general 
policies on the carriage of animals usually apply. Airline personnel 
should know their company's policies on pets, service animals in 
training, and the carriage of animals generally. Individuals 
planning to travel with a service animal other than their own should 
inquire about the applicable policies in advance.

Qualified Individuals With Disabilities \7\
---------------------------------------------------------------------------

    \7\ See Glossary.
---------------------------------------------------------------------------

    How do I know if a passenger is a qualified individual with a 
disability who is entitled to bring a service animal in the cabin of 
the aircraft if the disability is not readily apparent?
     Ask the passenger about his or her disability as it 
relates to the need for a service animal. Once the passenger 
identifies the animal as a service animal, you may ask, ``How does 
your animal assist you with your disability?'' Avoid the question 
``What is your disability?'' as this implies you are asking for a 
medical label or the cause of the disability, which is intrusive and 
inconsistent with the intent of the ACAA. Remember, Part 382 is 
intended to facilitate travel by people with disabilities by 
requiring airlines to accommodate them on an individual basis.
     Ask the passenger whether he or she has documentation 
as a means of verifying the medical necessity of the passenger 
traveling with the animal. Keep in mind that you can ask but cannot 
require documentation as proof of service animal status UNLESS (1) a 
passenger's verbal assurance is not credible and the airline 
personnel cannot in good faith determine whether the animal is a 
service animal without documentation, or (2) a passenger indicates 
that the animal is to be used as an emotional support animal.
     Using the questions and other factors above, you must 
decide whether it is reasonable to believe that the passenger is a 
qualified individual with a disability, and the animal is a service 
animal.

Denying a Service Animal Carriage in the Cabin

    What do I do if I believe that carriage of the animal in the 
cabin of the aircraft would inconvenience non-disabled passengers? 
Part 382 requires airlines to permit qualified individuals with a 
disability to be accompanied by their service animals in the cabin, 
as long as the animals do not (1) pose a direct threat to the health 
or safety of others (e.g., animal displays threatening behaviors by 
growling, snarling, lunging at, or attempting to bite other persons 
on the aircraft) or (2) cause a significant disruption in cabin 
service (i.e., a ``fundamental alteration'' to passenger service). 
Inconvenience of other passengers is not sufficient grounds to deny 
a service animal

[[Page 41529]]

carriage in the cabin; as indicated later in this document, however, 
airlines are not required to ask other passengers to relinquish 
space that they would normally use in order to accommodate a service 
animal (e.g., space under the seat in front of the non-disabled 
passenger).
    What do I do if I believe that a passenger's assertions about 
having a disability or a service animal are not credible?
     Ask if the passenger has documentation that satisfies 
the requirements for determining that the animal is a service animal 
(see discussion of ``Documentation'' above).
     If the passenger has no documents, then explain to the 
passenger that the animal cannot be carried in the cabin, because it 
does not meet the criteria for service animals. Explain your 
airline's policy on pets (i.e., will or will not accept for carriage 
in the cabin or cargo hold), and what procedures to follow.
     If the passenger does not accept your explanation, 
avoid getting into an argument. Ask the passenger to wait while you 
contact your airline's complaint resolution official (CRO). Part 382 
requires all airlines to have a CRO available at each airport they 
serve during all hours of operation. The CRO may be made available 
by telephone. The CRO is a resource for resolving difficulties 
related to disability accommodation.
     Consult with the CRO immediately, if possible. The CRO 
normally has the authority to make the final decision regarding 
carriage of service animals. In the rare instance that a service 
animal would raise a concern regarding flight safety, the CRO may 
consult with the pilot-in-command. If the pilot-in-command makes a 
decision to restrict the animal from the cabin or the flight for 
safety reasons, the CRO cannot countermand the pilot's decision. 
This does not preclude the Department from taking subsequent 
enforcement action, however, if it is determined that the pilot's 
decision was inconsistent with Part 382.
     If a passenger makes a complaint to a CRO about a past 
decision not to accept an animal as a service animal, then the CRO 
must provide a written statement to the passenger within 10 days 
explaining the reason(s) for that determination. If carrier 
personnel other than the CRO make the final decision, a written 
explanation is not required; however, because denying carriage of a 
legitimate service animal is a potential civil rights violation, it 
is recommended that carrier personnel explain to the passenger the 
reason the animal will not be accepted as a service animal. A 
recommended practice may include sending passengers whose animals 
are not accepted as service animals a letter within ten business 
days explaining the basis for such a decision.
    In considering whether a service animal should be excluded from 
the cabin, keep these things in mind:
     Certain unusual service animals 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.
     In all other circumstances, each situation must be 
considered individually. Do not make assumptions about how a 
particular unusual animal is likely to behave based on past 
experience with other animals. You may inquire, however, about 
whether a particular animal has been trained to behave properly in a 
public setting.
     Before deciding to exclude the animal, you should 
consider and try available means of mitigating the problem (e.g., 
muzzling a dog that barks frequently, allowing the passenger a 
reasonable amount of time under the circumstances to correct the 
disruptive behavior, offering the passenger a different seat where 
the animal won't block the aisle.)
    If it is determined that the animal should not accompany the 
disabled passenger in the cabin at this time, offer the passenger 
alternative accommodations in accordance with Part 382 and company 
policy (e.g., accept the animal for carriage in the cargo hold).
    What about unusual service animals?
     As indicated above, certain 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.
     Other unusual animals such as miniature horses, pigs 
and monkeys should be evaluated on a case-by-case basis. Factors to 
consider are the animal's size, weight, state and foreign country 
restrictions, and whether or not the animal would pose a direct 
threat to the health or safety of others, or cause a fundamental 
alteration (significant disruption) in the cabin service. If none of 
these factors apply, the animal may accompany the passenger in the 
cabin. In most other situations, the animal should be carried in the 
cargo hold in accordance with company policy.

Miscellaneous Questions

    What about the passenger who has two or more service animals?
     A single passenger legitimately may have two or more 
service animals. In these circumstances, you should make every 
reasonable effort to accommodate them in the cabin in accordance 
with Part 382 and company policies on seating. This might include 
permitting the passenger to purchase a second seat so that the 
animals can be accommodated in accordance with FAA safety 
regulations. You may offer the passenger a seat on a later flight if 
the passenger and animals cannot be accommodated together at a 
single passenger seat. Airlines may not charge passengers for 
accommodations that are required by Part 382, including transporting 
service animals in the cargo compartment. If carriage in the cargo 
compartment is unavoidable, notify the destination station to return 
the service animal(s) to the passenger at the gate as soon as 
possible, or to assist the passenger as necessary to retrieve them 
in the appropriate location.
    What if the service animal is too large to fit under the seat in 
front of the customer?
     If the service animal does not fit in the assigned 
location, you should relocate the passenger and the service animal 
to some other place in the cabin in the same class of service where 
the animal will fit under the seat in front of the passenger and not 
create an obstruction, such as the bulkhead. If no single seat in 
the cabin will accommodate the animal and passenger without causing 
an obstruction, you may offer the option of purchasing a second 
seat, traveling on a later flight or having the service animal 
travel in the cargo hold. As indicated above, airlines may not 
charge passengers with disabilities for services required by Part 
382, including transporting their oversized service animals in the 
cargo compartment.
    Should passengers provide advance notice to the airline 
concerning multiple or large service animals? In most cases, 
airlines may not insist on advance notice or health certificates for 
service animals under the ACAA regulations. However, it is very 
useful for passengers to contact the airline well in advance if one 
or more of their service animals may need to be transported in the 
cargo compartment. The passenger will need to understand airline 
policies and should find out what type of documents the carrier 
would need to ensure the safe passage of the service animal in the 
cargo compartment and any restrictions for cargo travel that might 
apply (e.g., temperature conditions that limit live animal 
transport).
    What if an airline employee or another passenger on board is 
allergic or has an adverse reaction to a passenger's service animal? 
Passengers who state they have allergies or other animal aversions 
should be located as far away from the service animal as 
practicable. Whether or not an individual's allergies or animal 
aversions are disabilities (an issue this Guidance does not 
address), each individual's needs should be addressed to the fullest 
extent possible under the circumstances and in accordance with the 
requirements of Part 382 and company policy.

Accommodating Passengers With Service Animals in the Cabin

    How can airline personnel help ensure that passengers with 
service animals are assigned and obtain appropriate seats on the 
aircraft?
     Let passengers know the airline's policy about seat 
assignments for people with disabilities. For instance: (1) Should 
the passenger request pre-boarding at the gate? or (2) should the 
passenger request an advance seat assignment (a priority seat such 
as a bulkhead seat or aisle seat) up to 24 hours before departure? 
or (3) should the passenger request an advance seat assignment at 
the gate on the day of departure? When assigning priority seats, ask 
the passenger what location best fits his/her needs.
     Passengers generally know what kinds of seats best suit 
their service animals. In certain circumstances, passengers with 
service animals must either be provided their pre-requested priority 
seats, or if their requested seat location cannot be made

[[Page 41530]]

available, they must be assigned to other available priority seats 
of their choice in the same cabin class. Part 382.38 requires 
airlines to provide a bulkhead seat or a seat other than a bulkhead 
seat at the request of an individual traveling with a service 
animal.
     Passengers should comply with airline recommendations 
or requirements regarding when they should arrive at the gate before 
a flight. This may vary from airport to airport and airline to 
airline. Not all airlines announce pre-boarding for passengers with 
special needs, although it may be available. If you wish to request 
pre-boarding, tell the agent at the gate.
     Unless pre-boarding is not part of your carrier's 
business operation, a timely request for pre-boarding by a passenger 
with a disability should be honored (382.38 (d)).
     Part 382 does not require carriers to make 
modifications that would constitute an undue burden or would 
fundamentally alter their programs (382.7 (c)). Therefore, the 
following are not required in providing accommodations for users of 
service animals and are examples of what might realistically be 
viewed as creating an undue burden:
    [rtarr8] Asking another passenger to give up the space in front 
of his or her seat to accommodate a service animal;
    [rtarr8] Denying transportation to any individual on a flight in 
order to provide an accommodation to a passenger with a service 
animal;
    [rtarr8] Furnishing more than one seat per ticket; and
    [rtarr8] Providing a seat in a class of service other than the 
one the passenger has purchased.
    Are airline personnel responsible for the care and feeding of 
service animals? Airline personnel are not required to provide care, 
food, or special facilities for service animals. The care and 
supervision of a service animal is solely the responsibility of the 
passenger with a disability whom the animal is accompanying.
    May an air carrier charge a maintenance or cleaning fee to 
passengers who travel with service animals? Part 382 prohibits air 
carriers from imposing special charges for accommodations required 
by the regulation, such as carriage of a service animal. However, an 
air carrier may charge passengers with a disability if a service 
animal causes damage, as long as it is its regular practice to 
charge non-disabled passengers for similar kinds of damage. For 
example, it could charge a passenger with a disability for the cost 
of repairing or cleaning a seat damaged by a service animal, 
assuming that it is its policy to charge when a non-disabled 
passenger or his or her pet causes similar damage.

Advice for Passengers With Service Animals

     Ask about the airline's policy on advance seat 
assignments for people with disabilities. For instance: (1) Should a 
passenger request pre-boarding at the gate? or (2) should a 
passenger request an advance seat assignment (a priority seat such 
as a (bulkhead seat or aisle seat)) up to 24 hours before departure? 
or (3) should a passenger request an advance seat assignment at the 
gate on the day of departure?
     Although airlines are not permitted to automatically 
require documentation for service animals other than emotional 
support animals, if you think it would help you explain the need for 
a service animal, you may want to carry documentation from your 
physician or other licensed professional confirming your need for 
the service animal. Passengers with unusual service animals also may 
want to carry documentation confirming that their animal has been 
trained to perform a function or task for them.
     If you need a specific seat assignment for yourself and 
your service animal, make your reservation as far in advance as you 
can, and identify your need at that time.
     You may have to be flexible if your assigned seat 
unexpectedly turns out to be in an emergency exit row. When an 
aircraft is changed at the last minute, seating may be reassigned 
automatically. Automatic systems generally do not recognize special 
needs, and may make inappropriate seat assignments. In that case, 
you may be required by FAA regulations to move to another seat.
     Arrive at the gate when instructed by the airline, 
typically at least one hour before departure, and ask the gate agent 
for pre-boarding--if that is your desire.
     Remember that your assigned seat may be reassigned if 
you fail to check in on time; airlines typically release seat 
assignments not claimed 30 minutes before scheduled departure. In 
addition, if you fail to check in on time you may not be able to 
take advantage of the airline's pre-board offer.
     If you have a very large service animal or multiple 
animals that might need to be transported in the cargo compartment, 
contact the airline well in advance of your travel date. In most 
cases, airlines cannot insist on advance notice or health 
certificates for service animals under the ACAA regulations. 
However, it is very useful for passengers to contact the airline 
well in advance if one or more of their service animals may need to 
be transported in the cargo compartment. The passenger will need to 
understand airline policies and should find out what type of 
documents the carrier would need to ensure the safe passage of the 
service animal in the cargo compartment and any restrictions for 
cargo travel that might apply (e.g., temperature conditions that 
limit live animal transport).
     If you are having difficulty receiving an appropriate 
accommodation, ask the airline employee to contact the airline's 
complaint resolution official (CRO). Part 382 requires all airlines 
to have a CRO available during all hours of operation. The CRO is a 
resource for resolving difficulties related to disability 
accommodations.
     Another resource for resolving issues related to 
disability accommodations is the U.S. Department of Transportation's 
aviation consumer disability hotline. The toll-free number is 1-800-
778-4838 (voice) and 1-800-455-9880 (TTY).

Glossary

Direct Threat to the Health or Safety of Others

    A significant risk to the health or safety of others that cannot 
be eliminated by a modification of policies, practices, or 
procedures, or by the provision of auxiliary aids or services.

Fundamental Alteration

    A modification that substantially alters the basic nature or 
purpose of a program, service, product or activity.

Individual With a Disability

    ``Any individual who has a physical or mental impairment that, 
on a permanent or temporary basis, substantially limits one or more 
major life activities, has a record of such an impairment, or is 
regarded as having such an impairment.'' (Section 382.5).

Qualified Individual With a Disability

    Any individual with a disability who:
    (1) ``Takes those actions necessary to avail himself or herself 
of facilities or services offered by an air carrier to the general 
public with respect to accompanying or meeting a traveler, use of 
ground transportation, using terminal facilities, or obtaining 
information about schedules, fares or policies'';
    (2) ``Offers, or makes a good faith attempt to offer, to 
purchase or otherwise validly to obtain * * * a ticket'' ``for air 
transportation on an air carrier''; or
    (3) ``Purchases or possesses a valid ticket for air 
transportation on an air carrier and presents himself or herself at 
the airport for the purpose of traveling on the flight for which the 
ticket has been purchased or obtained; and meets reasonable, 
nondiscriminatory contract of carriage requirements applicable to 
all passengers.'' (Section 382.5).

Service Animal

    Any animal that is individually trained or able to provide 
assistance to a qualified person with a disability; or any animal 
shown by documentation to be necessary for the emotional well being 
of a passenger.

Sources

    See: 14 CFR 382.5, 14 CFR 382.37(a) and (c), 14 CFR 382.38 
(a)(3), (b), (d) & (h)-(j), 14 CFR 382.55(a)(1)-(3), 14 CFR 382.57, 
``Guidance Concerning Service Animals in Air Transportation,'' (61 
FR 56420-56422, (November 1, 1996)), ``Commonly Asked Questions 
About Service Animals in Places of Business'' (Department of 
Justice, July, 1996), and ``ADA Business Brief: Service Animals'' 
(Department of Justice, April 2002).
[FR Doc. 05-13947 Filed 7-18-05; 8:45 am]
BILLING CODE 4910-62-P