# 77 FR 39800: Nondiscrimination on the Basis of Disability in Air Travel: Draft Technical Assistance Manual

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2012-15233

## Section

- **Citation:** 77 FR 39800
- **Heading:** Nondiscrimination on the Basis of Disability in Air Travel: Draft Technical Assistance Manual
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 77 / 77 FR 39800

## Text

DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Part 382 [Docket No. DOT-OST-2012—0098] Nondiscrimination on the Basis of Disability in Air Travel: Draft Technical Assistance Manual AGENCY:
Office of the Secretary, U.S. Department of Transportation (DOT).

ACTION:
Request for comments.

SUMMARY:
The Department of Transportation is updating its technical assistance manual (TAM) for airlines and passengers with disabilities concerning their rights and responsibilities under the Air Carrier Access Act (ACAA) and its implementing regulation. This draft updated TAM is being published in the Federal Register to insure a full opportunity for public comment before the document is published in final form.

DATES:
Comments must be received October 3, 2012. The Department will consider late-filed comments only to the extent practicable.

ADDRESSES:
You may file comments identified by the docket number DOT-OST-2012-0098 by any of the following methods:
○ Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting written comments.
○ Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Room W12-140, Washington, DC 20590-0001.
○ Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal Holidays.
○ Fax: (202) 493-2251.
Instructions: You must include the agency name and docket number DOT- OST-2012-0098 at the beginning of your comment. All comments received will be posted without change to http://www.regulations.gov , including any personal information provided.
Privacy Act: Anyone is able to search the electronic form of all comments received in any of our dockets by the name of the individual submitting the comment (or signing the comment if submitted on behalf of an association, a business, a labor union, etc.)
our comment. All comments received will be posted without change to http://www.regulations.gov , including any personal information provided.
Privacy Act: Anyone is able to search the electronic form of all comments received in any of our dockets by the name of the individual submitting the comment (or signing the comment if submitted on behalf of an association, a business, a labor union, etc.). You may review DOT's complete Privacy Act statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov .
Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or to the street address listed above. Follow the online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT:
Lisa Swafford-Brooks, Chief of the Civil Rights Compliance Branch, Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, Department of Transportation, 1200 New Jersey Avenue SE., Room W96-464, Washington, DC 20590. Lisa.Swaffordbrooks@dot.gov . You may also contact Blane A. Workie, Deputy Assistant General Counsel, Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, Department of Transportation, 1200 New Jersey Avenue SE., Room W96-464, Washington, DC 20590. Blane.Workie@dot.gov . Arrangements to receive this notice in an alternative format may be made by contacting the above named individuals.

SUPPLEMENTARY INFORMATION:On April 5, 2000, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) required DOT to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations. In response to the legislative mandate, on April 20, 2005, the Department published a draft TAM in the Federal Register and requested public comment. See 70 FR 20640
t for the 21st Century (AIR-21) required DOT to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations. In response to the legislative mandate, on April 20, 2005, the Department published a draft TAM in the Federal Register and requested public comment. See 70 FR 20640. After reviewing the comments received and making changes to the TAM where appropriate, the Department issued a final TAM on July 19, 2005. See 70 FR 41482.
Since that time, DOT has made significant changes to Part 382, the rule implementing the Air Carrier Access Act. On May 13, 2008, DOT issued an amendment to 14 CFR part 382, which among other things, extended its applicability to foreign air carriers and added new provisions concerning the onboard use of respiratory assistive devices and accommodations for passengers who are deaf, hard of hearing, and deaf-blind. See 73 FR 27614. The final rule became effective on May 13, 2009. The Department has also issued guidance that interprets or explains further the text of the rule. See e.g., Use of passenger-supplied electronic respiratory assistive devices on aircraft, October 28, 2009; Answers to Frequently Asked Questions Concerning Air Travel of People with Disabilities Under the Amended Air Carrier Access Act Regulation, May 13, 2009. http://airconsumer.dot.gov/rules/guidance.htm . We believe these guidance documents as well as the rule itself would be more readily understandable and useful if reflected in the TAM. As a result, DOT is now updating the 2005 TAM to provide guidance that covers the changes that have been made to Part 382. The Department recognizes that there are a number of ongoing rulemakings regarding Part 382 and that these rulemakings may necessitate future revisions to the TAM.
Purpose
Similar to the 2005 TAM, this updated draft manual does not expand U.S. or foreign air carriers' legal obligations or establish new requirements under the law
guidance that covers the changes that have been made to Part 382. The Department recognizes that there are a number of ongoing rulemakings regarding Part 382 and that these rulemakings may necessitate future revisions to the TAM.
Purpose
Similar to the 2005 TAM, this updated draft manual does not expand U.S. or foreign air carriers' legal obligations or establish new requirements under the law. The primary purpose of the manual is to help employees and contractors of airlines to assist passengers with disabilities in accordance with the law. Another purpose is to provide air travelers with disabilities information about their rights under the ACAA and the provisions of Part 382.
Organization
The updated TAM, like its predecessor, follows the chronological path of an air traveler with a disability from making a reservation through the completion of the trip. Each section of the TAM is discussed in the context of the particular stage of a trip and is designed to be a separate stand-alone product. For example, the TAM includes separate chapters on assisting air travelers with disabilities planning a trip, assisting air travelers with disabilities at the airport, assisting air travelers with disabilities boarding, deplaning and during the flight, and assisting air travelers with disabilities with their complaints. In addition, the TAM contains a chapter on sensitivity and awareness issues when interacting with people with disabilities as well as a chapter on tips for communicating and interacting with individuals with specific types of disabilities. 1 The TAM also has four appendices providing additional information and, in some cases, resources for specific audiences
ith disabilities with their complaints. In addition, the TAM contains a chapter on sensitivity and awareness issues when interacting with people with disabilities as well as a chapter on tips for communicating and interacting with individuals with specific types of disabilities. 1 The TAM also has four appendices providing additional information and, in some cases, resources for specific audiences. We believe organizing the information in this sequential manner will make it easier for employees and contractors of airlines, as well as air travelers with
1 When the TAM is published in its final form, it will contain an Alphabetical Index and a Part 382 Index as well as specific page numbers for the various subject areas listed in the Table of Contents. However, because the pagination of the TAM is not yet final, the Table of Contents simply lists the topics covered in the TAM and the indices are not included in this publication of the document.
Issued this 15th day of June 2012, in Washington, DC. Samuel Podberesky, Assistant General Counsel for Aviation Enforcement and Proceedings, U.S. Department of Transportation.
What Airline Employees, Airline Contractors, and Air Travelers With Disabilities Need To Know About Access to Air Travel for Persons With Disabilities
A Guide to Air Carrier Access Act (ACAA) and Its Implementing Regulation, 14 CFR Part 382 (Part 382)
Contents
Chapter 1: Understanding How to Use This Manual A. Introduction B. Background C. Scope of This Manual D. Keyword Definitions E. Acronyms Chapter 2: Learning the Basics About the Law Protecting Air Travelers With Disabilities A. The Statute and the Regulation B. Applying Part 382 Requirements C. Questions on Foreign Carrier Flights D. Conflicts of Law Waivers E. Equivalent Alternative Determinations F. Assisting Passengers With Disabilities G. Part 382 Highlights Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip A. Advance Notice B. Information About the Aircraft C. Mobility Aids and Assistive Devices D
The Statute and the Regulation B. Applying Part 382 Requirements C. Questions on Foreign Carrier Flights D. Conflicts of Law Waivers E. Equivalent Alternative Determinations F. Assisting Passengers With Disabilities G. Part 382 Highlights Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip A. Advance Notice B. Information About the Aircraft C. Mobility Aids and Assistive Devices D. Service Animals E. Accommodations for Air Travelers With Hearing Impairments F. Communicable Disease G. Medical Certificates H. Your Obligation To Provide Services and Equipment I. Safety Assistants Chapter 4: Assisting Air Travelers With Disabilities at the Airport A. Accessibility of Terminal Facilities and Services B. Security Screening for Air Travelers With a Disability C. Air Travelers With a Disability Moving Through the Terminal and Changing Airplanes D. Accommodations for Air Travelers With Vision or Hearing Impairments E. Safety Assistants Chapter 5: Assisting Air Travelers With Disabilities Boarding, Deplaning, and During the Flight A. Aircraft Accessibility B. Seating Assignments and Accommodations C. Boarding and Deplaning Assistance D. Stowing and Treatment of Assistive Devices E. Services and Information Provided in the Cabin F. Safety Briefings Chapter 6: Assisting Air Travelers With Disabilities With Their Complaints A. Complaints Resolution Officials (CROs) B. Handling Passenger Complaints C. ACCESS: An Approach for Resolving Complaints D. General Complaint Resolution Tips E. Categorizing, Recording, and Reporting Written Disability-Related Complaints Chapter 7: Interacting with Individuals With Disabilities A. Terminology B. Physical, Mental, and Psychological Impairments C. Tips for Interacting With Individuals With Disabilities Chapter 8: Personnel Training A. U.S. and Foreign Carriers That Operate Aircraft With 19 or More Passenger Seats B. U.S. and Foreign Carriers That Operate Aircraft With Fewer Than 19 Passenger Seats C
lated Complaints Chapter 7: Interacting with Individuals With Disabilities A. Terminology B. Physical, Mental, and Psychological Impairments C. Tips for Interacting With Individuals With Disabilities Chapter 8: Personnel Training A. U.S. and Foreign Carriers That Operate Aircraft With 19 or More Passenger Seats B. U.S. and Foreign Carriers That Operate Aircraft With Fewer Than 19 Passenger Seats C. Training Records Alphabetical Index Part 382 Index Appendix I Table of Effective Dates Appendix II Tips for Air Travelers with Disabilities Appendix III Airline Management-Related Issues Appendix IV FSAT 04-01A Location and Placement of Service Animals on Aircraft Engaged in Public Air Transportation Chapter 1: Understanding How To Use This Manual
A. Introduction B. Background C. Scope of This Manual D. Keyword Definitions E. Acronyms A. Introduction
Purpose of the Manual
This manual is a guide to the Air Carrier Access Act (ACAA), 49 U.S.C. 41705, and its implementing regulation, Title 14, Code of Federal Regulations (14 CFR) Part 382, Nondiscrimination on the Basis of Disability in Air Travel. It is designed to serve as an authoritative source of information about the services, facilities, and accommodations required by the ACAA and Part 382. Note, however, that this manual does not expand carriers' legal obligations or establish new requirements under the law.
The primary purpose of the manual is to help carriers and indirect carriers and their employees/contractors that provide services or facilities to passengers with disabilities, assist those passengers in accordance with Part 382. Knowing your legal responsibilities will help ensure consistent compliance with Part 382 and protect the civil rights of air travelers with disabilities when you provide services, facilities, and accommodations to them.
The second purpose of this manual is to offer air travelers with disabilities information about their rights under the ACAA and Part 382.
Styles
1
n accordance with Part 382. Knowing your legal responsibilities will help ensure consistent compliance with Part 382 and protect the civil rights of air travelers with disabilities when you provide services, facilities, and accommodations to them.
The second purpose of this manual is to offer air travelers with disabilities information about their rights under the ACAA and Part 382.
Styles
1. Use of the Word “You”
Unless otherwise noted, throughout the manual the word “you” refers to carriers, indirect carriers, or the employees/contractors of both carriers and indirect carriers. In most cases, the word “you” refers to personnel who deal directly with the traveling public. In addition, the obligations and responsibilities under Part 382 as discussed in the manual must be read within the context of each specific employee's duties on the job.
2. Italics and Bold Text
Italics and boldfaced type are used throughout the manual to draw attention to a subtle requirement or for emphasis.
B. Background
U.S. Air Carriers
In 1986, Congress passed the ACAA, which prohibits discrimination by U.S. air carriers against qualified individuals with disabilities. 2 In 1990, the Department of Transportation (DOT) published Part 382, the regulations defining the rights of passengers with disabilities and the obligations of U.S. air carriers under the ACAA (55 FR 8008; March 6, 1990). Since then, these regulations have been amended many times
passed the ACAA, which prohibits discrimination by U.S. air carriers against qualified individuals with disabilities. 2 In 1990, the Department of Transportation (DOT) published Part 382, the regulations defining the rights of passengers with disabilities and the obligations of U.S. air carriers under the ACAA (55 FR 8008; March 6, 1990). Since then, these regulations have been amended many times. 3 In addition, the DOT has provided guidance to air carriers to further explain the ACAA and Part 382 in the following ways:
2 See Section D of this chapter for keyword definitions including a definition of “qualified individuals with disabilities.”
3 The dates and citations for these amendments are the following: April 3, 1990, 55 FR 12341; June 11, 1990, 55 FR 23544; November 1, 1996, 61 FR 56422; January 2, 1997, 62 FR 17; March 4, 1998, 63 FR 10535; March 11, 1998, 63 FR 11954; August 2, 1999, 64 FR 41703; January 5, 2000, 65 FR 352; May 3, 2001, 66 FR 22115; July 3, 2003, 68 FR 4088.
• Preambles to regulatory amendments;
• Industry letters;
• Correspondence with individual carriers or complainants;
• DOT enforcement actions;
• Web site postings,
• Conducting public forums on Part 382, and
• Informal conversations between DOT staff and interested members of the public.
Foreign Air Carriers
On April 5, 2000, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR-21”), Public Law 106-181, amended the ACAA
Other Part 382 Changes
The DOT also published NPRMs addressing medical oxygen and portable respiratory assistive devices (70 FR 53108; September 7, 2005) and accommodations for passengers who are deaf or hard-of-hearing (71 FR 9285; February 23, 2006). As a result of those NPRMs, the final rule revising Part 382 to cover foreign carriers, also included new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. The final rule also reorganized and updated the entire ACAA rule (Part 382)
tember 7, 2005) and accommodations for passengers who are deaf or hard-of-hearing (71 FR 9285; February 23, 2006). As a result of those NPRMs, the final rule revising Part 382 to cover foreign carriers, also included new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. The final rule also reorganized and updated the entire ACAA rule (Part 382).
Development and Update of Technical Assistance Manual
In 2000, Congress required DOT to create a technical assistance manual to provide guidance to individuals and entities with rights or responsibilities under the ACAA. See 49 U.S.C. 41705(c). Responding to that mandate, the DOT published a manual in the Federal Register on July 19, 2005 (70 FR 41482). This manual is the second version of DOT's Technical Assistance Manual and incorporates material from the most recent amendments to Part 382 and the DOT policy guidance discussed above. The DOT published the draft manual in the Federal Register to provide an opportunity for public comment before it published the manual in its final form. This manual supersedes the first Technical Assistance Manual dated July 19, 2005, and is available for download, in PDF format, from http://airconsumer.dot.gov .
C. Scope of This Manual
Organization
This manual is organized chronologically to reflect the steps in a passenger's trip and the associated requirements of Part 382, as follows:
• Planning a flight,
• At the airport,
• Boarding, deplaning, and making connections,
• Assistance services during a flight, and
• Responding to disability-related complaints.
This manual also contains the following tools to assist you in quickly and easily finding the answer to your questions:
• A Table of Contents at the front of the manual;
• An Alphabetical Index at the back of the manual; and
• A Part 382 Index listing the citations to Part 382 at the back of the manual
ssistance services during a flight, and
• Responding to disability-related complaints.
This manual also contains the following tools to assist you in quickly and easily finding the answer to your questions:
• A Table of Contents at the front of the manual;
• An Alphabetical Index at the back of the manual; and
• A Part 382 Index listing the citations to Part 382 at the back of the manual.
In addition, the following appendixes appear at the end of the manual:
• Appendix I: Table of Effective Dates
• Appendix II: Tips for Air Travelers with Disabilities as they relate to the most commonly-used accommodations, facilities, and services that carriers are required to make available to such passengers;
• Appendix III: Airline Management-Related Issues addressing topics applicable mainly to carrier management, as opposed to frontline customer service personnel;
Applicability
As with Part 382, the topics discussed in this manual apply to both U.S. and foreign carriers unless otherwise specified. (§ 382.7(e))
Web Links
The following web links are provided for you to review and download information related to Part 382 and/or the ACAA:
• A list of frequently asked questions and answers ( http://airconsumer.dot.gov/SA_Disability.htm )
• A list of recent DOT enforcement orders related to the ACAA ( http://airconsumer.dot.gov/SA_Disability.htm )
• The full text of Part 382 ( http://airconsumer.dot.gov/SA_Disability.htm )
• A listing of conflict of law waiver determinations ( http://www.regulations.gov under Docket Number DOT-OST-2008-0272)
• A listing of equivalent alternative determinations ( http://www.regulations.gov under Docket Number DOT-OST-2008-0273)
• Guidance concerning service animals ( http://airconsumer.ost.dot.gov/rules/20030509.pdf )
• Guidance on transporting service animals to the United Kingdom ( http://airconsumer.ost.dot.gov/rules/UK-ServiceAnimalGuidance.pdf )
Legal Requirements and Customer Service
This manual highlights the difference between actions you must ta
/www.regulations.gov under Docket Number DOT-OST-2008-0273)
• Guidance concerning service animals ( http://airconsumer.ost.dot.gov/rules/20030509.pdf )
• Guidance on transporting service animals to the United Kingdom ( http://airconsumer.ost.dot.gov/rules/UK-ServiceAnimalGuidance.pdf )
Legal Requirements and Customer Service
This manual highlights the difference between actions you must take to comply with Part 382 and actions that you may choose to take to provide superior customer service to passengers with disabilities. Legal requirements are generally designated by the word “must” in the manual. Words such as “should” or “may,” indicate accommodations that Part 382 does not require but that DOT recommends and that you may decide to provide as a matter of good customer service.
Safety
Where applicable, this manual discusses how to properly and lawfully consider aircraft and passenger safety when providing transportation to passengers with disabilities. Part 382 does not require or authorize you to disregard Federal Aviation Administration (FAA), Pipeline and Hazardous Materials Safety Administration (PHMSA), or foreign government safety regulations. Where an FAA, PHMSA, or foreign government safety regulation requires different treatment of passengers with disabilities or other restrictions, Part 382 states you must comply with the FAA, PHMSA, or foreign government safety regulation. For example, if an FAA safety rule provides that only persons who can perform certain functions can sit in an exit row, then you must request that an individual unable to perform those functions (regardless of whether that individual has a disability) sit in another row. If the passenger refuses, you may properly deny transportation to such passengers
HMSA, or foreign government safety regulation. For example, if an FAA safety rule provides that only persons who can perform certain functions can sit in an exit row, then you must request that an individual unable to perform those functions (regardless of whether that individual has a disability) sit in another row. If the passenger refuses, you may properly deny transportation to such passengers. (§ 382.7(g))
However, where an optional carrier action that is not required by FAA, PHMSA, or foreign government safety rules would result in different treatment of passengers with disabilities, or in other restrictions, then the ACAA and the provisions of Part 382 prohibit you from implementing the optional carrier action.
Example:
Suppose ABC Airways required only passengers with disabilities—not all passengers—to provide correct answers to a quiz about the content of a safety briefing and a passenger with a disability either refused to respond or failed such a quiz. It would not be appropriate to deny transportation to a passenger with a disability on such grounds unless the carrier's policies and procedures consistently treated all passengers in a similar manner.
In short, Part 382 is consistent with FAA, PHMSA, and foreign government safety requirements, as it requires you to comply with those regulations and ensure that the safe completion of the flight or the health and safety of other passengers are not jeopardized. Determinations about whether an FAA, PHMSA, or foreign government regulation requires different treatment of a passenger with a disability for safety reasons often depend on the circumstances you encounter. Therefore, it is important that you seek information from passengers with
The FAA safety regulations can be found in 14 CFR parts 1 through 199, and in FAA guidance materials that provide additional information about these regulations (see http://www.faa.gov , click on Federal Aviation Regulations (FAR) under Regulations and Guidelines)
ty reasons often depend on the circumstances you encounter. Therefore, it is important that you seek information from passengers with
The FAA safety regulations can be found in 14 CFR parts 1 through 199, and in FAA guidance materials that provide additional information about these regulations (see http://www.faa.gov , click on Federal Aviation Regulations (FAR) under Regulations and Guidelines). The applicable PHMSA regulations can be found in 49 CFR parts 171 through 185 and PHMSA guidance materials that provide additional information about these regulations (see http://www.phmsa.dot.gov , click on Regulations under Promoting Safety and Security). For foreign government safety requirements consult the applicable government's civil aviation authority.
Security
This manual addresses security procedures which affect or may affect the types of accommodations and services provided to passengers with disabilities. You must comply with Transportation Security Administration (TSA) regulations and foreign government security regulations having a legally mandatory effect applicable to you. (§ 382.7(g)) 4
4 The Transportation Security Administration has developed a Web site and a hotline for travelers with disabilities and medical conditions. The Web site is http://www.tsa.gov/travelers/airtravel/disabilityandmedicalneeds/tsa_cares.shtm and the hotline phone number is 1-855-787-2227.
Part 382 is consistent with security requirements mandated by the TSA. For example, TSA has strict rules as to who can go beyond the airport screening checkpoints, but these TSA rules are consistent with Part 382 and do not invalidate your obligation to provide boarding and deplaning assistance requested by passengers with disabilities, including assistance beyond airport screening checkpoints. You have discretion in how that assistance is provided
ndated by the TSA. For example, TSA has strict rules as to who can go beyond the airport screening checkpoints, but these TSA rules are consistent with Part 382 and do not invalidate your obligation to provide boarding and deplaning assistance requested by passengers with disabilities, including assistance beyond airport screening checkpoints. You have discretion in how that assistance is provided. You can provide (1) A “pass” allowing an individual who needs to assist a passenger with a disability to go through the airport screening checkpoint without a ticket; (2) assistance directly to the passenger; or (3) both. For foreign government security requirements, refer to screening procedures established by the law of the country in which the airport is located.
Contractors
This manual recognizes the important role that contractors play in providing services, equipment, and other accommodations to passengers with disabilities. A contractor is an entity that has a business arrangement with a carrier to perform functions that the ACAA and Part 382 would otherwise require the carrier to perform with its own employees. Contractors provide a variety of services on behalf of carriers in furnishing assistance to persons with disabilities. For example, contractors often provide—
• Wheelchair service;
• Assistance to passengers with disabilities in getting on and off aircraft;
• Transportation to passengers with disabilities between departure gates; and
• Ground handling of passengers' wheelchairs and other assistive devices.
Contractors must provide the same services, equipment, and other accommodations as those required of a carrier and its employees under the ACAA and Part 382. As an employee of a contractor, you are required to follow the ACAA and Part 382 when providing services, equipment, and other accommodations to passengers with disabilities. If you do not follow the ACAA and Part 382, the carrier is subject to DOT enforcement action for your failure to comply with those mandates
dations as those required of a carrier and its employees under the ACAA and Part 382. As an employee of a contractor, you are required to follow the ACAA and Part 382 when providing services, equipment, and other accommodations to passengers with disabilities. If you do not follow the ACAA and Part 382, the carrier is subject to DOT enforcement action for your failure to comply with those mandates. In essence, although a carrier may contract out various services and accommodations required by Part 382, a carrier may not contract away its responsibilities to ensure compliance with the rule.
ACCESS
• ACCESS 5 is a step-by-step process for resolving issues involving passengers with disabilities. A detailed discussion of ACCESS appears in Chapter 6: Assisting Air Travelers with Disabilities with their Complaints. Whether the issue involves the requirements of the ACAA and Part 382, customer service, or both, the ACCESS checklist will be useful in identifying the needs of passengers with disabilities and determining what accommodations carriers are required to provide. See Chapter 6, Section C, Access, An Approach for Resolving Complaints.
5 ACCESS is a memory aid to Ask, Call, Check, Evaluate, Solve, and Satisfy, for use when resolving complaints.
Training
• DOT regards thorough training of carrier personnel who interact with passengers with disabilities as vital for good service to those passengers and compliance with the ACAA and Part 382. A detailed discussion of employee/contractor training requirements can be found in Chapter 8: Personnel Training and Appendix II, Airline Management-Related Issues. In addition, the DOT has developed an interactive model training program (MTP) on the ACAA and Part 382. You can view this module at http://airconsumer.dot.gov .
D. Keyword Definitions
Following is a list of keyword definitions to help you fully understand the information in this manual
quirements can be found in Chapter 8: Personnel Training and Appendix II, Airline Management-Related Issues. In addition, the DOT has developed an interactive model training program (MTP) on the ACAA and Part 382. You can view this module at http://airconsumer.dot.gov .
D. Keyword Definitions
Following is a list of keyword definitions to help you fully understand the information in this manual.
Air Carrier Access Act (ACAA): The Air Carrier Access Act of 1986, as amended, is the statute that provides the principal authority for 14 CFR part 382. The ACAA prohibits discrimination by U.S. and foreign carriers against qualified individuals with disabilities.
Air Transportation: Interstate or foreign air transportation, or the transportation of mail by aircraft, as defined in 49 U.S.C. 40102. (§ 382.3).
Assistive Device: Any piece of equipment that assists a passenger with a disability to cope with the effects of his or her disability. Such devices are intended to assist a passenger with a disability to hear, see, communicate, maneuver, or perform other functions of daily life, and may include medical devices and medications. (§ 382.3).
Battery-powered mobility aid: An assistive device that is used by individuals with mobility impairments, such as a wheelchair, a scooter, or a Segway when it is used as a mobility device by a person with a mobility-related disability. (§ 382.3).
Carrier: A U.S. citizen (“U.S. carrier”) or foreign citizen (“foreign carrier”) that undertakes, directly or indirectly, or by a lease or any other arrangement, to engage in air transportation. (§ 382.3).
Commuter carrier: An air taxi operator as defined in 14 CFR Part 298 that carries passengers on at least five round trips per week on at least one route between two or more points according to its published flight schedules that specify the times, days of the week and places between which those flights are performed. (§ 382.3)
or any other arrangement, to engage in air transportation. (§ 382.3).
Commuter carrier: An air taxi operator as defined in 14 CFR Part 298 that carries passengers on at least five round trips per week on at least one route between two or more points according to its published flight schedules that specify the times, days of the week and places between which those flights are performed. (§ 382.3).
Complaints Resolution Official (CRO): An individual designated by a carrier who has the authority to resolve disability-related complaints on behalf of the carrier. The CRO must be thoroughly familiar with—
(1) The requirements of Part 382;
(2) The carrier's policies and procedures addressing Part 382; and
(3) The provision of services, facilities, and accommodations to passengers with disabilities.
A CRO must be available (1) in person at the airport; or (2) via telephone and Text Telephones (TTY), or a similarly effective technology, at all times the carrier is operating. As a foreign carrier, you must make a CRO available as noted above at each airport serving flights you
Conflict of Law Waiver: Upon the request of a carrier, DOT may determine there is a contradiction between a Part 382 requirement and an applicable foreign legal mandate that precludes the carrier from compliance with both legal requirements. If DOT makes such a determination, the carrier would continue to follow the binding foreign legal mandate rather than the conflicting Part 382 provision. (§ 382.9).
Contractor: A contractor is an entity that has a business arrangement with a carrier to perform functions that the carrier would otherwise be required to perform with its own employees under the ACAA and Part 382. For example, carriers often have business arrangements with companies to provide wheelchair service to passengers with disabilities or to handle baggage and assistive devices. (§ 382.11)
Contractor: A contractor is an entity that has a business arrangement with a carrier to perform functions that the carrier would otherwise be required to perform with its own employees under the ACAA and Part 382. For example, carriers often have business arrangements with companies to provide wheelchair service to passengers with disabilities or to handle baggage and assistive devices. (§ 382.11).
Contractor Employee: An individual that works for an organization that has a business arrangement with one or more carriers to provide services, facilities, and other accommodations to passengers with disabilities. (§ 382.11).
CPAP machine: A continuous positive airway pressure machine. (§ 382.3).
Department or DOT: The United States Department of Transportation. (§ 382.3).
Direct Threat: A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. (§ 382.3).
DOT Disability Hotline or Hotline: DOT's toll-free telephone hotline system that provides general information to consumers about the rights of air travelers with disabilities, responds to requests for printed consumer information, and assists air travelers with time-sensitive disability-related issues. The hours for the hotline are 9 a.m. to 5 p.m. eastern time, Monday through Friday except Federal holidays. Air travelers who experience disability-related air travel service concerns or issues may call the hotline at 1-800-778-4838 (voice) or 1-800-455-9880 (TTY) to receive assistance. Air travelers who would like the DOT to investigate complaints about a disability issue must submit their complaints in writing or via email. ( see http://airconsumer.dot.gov/hotline.htm ).
Equivalent alternative: A policy, practice, or other accommodation that provides substantially equivalent accessibility to passengers with disabilities, compared to compliance with a provision of Part 382. (§ 382.3)
velers who would like the DOT to investigate complaints about a disability issue must submit their complaints in writing or via email. ( see http://airconsumer.dot.gov/hotline.htm ).
Equivalent alternative: A policy, practice, or other accommodation that provides substantially equivalent accessibility to passengers with disabilities, compared to compliance with a provision of Part 382. (§ 382.3).
Expected maximum flight duration: The carrier's best estimate of the total duration of the flight from departure gate to arrival gate, including taxi time to and from the terminals, based on the scheduled flight time and factors such as (1) Wind and other weather conditions forecast; (2) anticipated traffic delays; (3) one instrument approach and possible missed approach at destination; and (4) any other conditions that may delay arrival of the aircraft at the destination gate. (§ 382.3).
FAA: The Federal Aviation Administration, an operating administration of the DOT. The FAA's mission is to provide the safest, most efficient aerospace system in the world. ( http://www.faa.gov and § 382.3).
Facility: A carrier's aircraft and any portion of an airport that a carrier owns, leases, or controls (for example, structures, roads, walks, parking lots, ticketing areas, baggage drop-off and retrieval sites, gates, other boarding locations, jet bridge) normally used by passengers or other members of the public. (§ 382.3).
High-Contrast Captioning: Captioning that is at least as easy to read as white letters on a consistent black background. (§ 382.3).
Indirect Carrier: A person not directly involved in the operation of an aircraft who sells air transportation services to the general public other than as an authorized agent of a carrier. (§ 382.3)
lly used by passengers or other members of the public. (§ 382.3).
High-Contrast Captioning: Captioning that is at least as easy to read as white letters on a consistent black background. (§ 382.3).
Indirect Carrier: A person not directly involved in the operation of an aircraft who sells air transportation services to the general public other than as an authorized agent of a carrier. (§ 382.3).
Individual with a Disability: Any individual who—
• Has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities;
• Has a record of a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities; or
• Is regarded as having a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities. (§ 382.3).
On-Demand Air Taxi: An air taxi operator that carries passengers or property and is not a “commuter carrier” as defined above. (§ 382.3).
PHMSA: The Pipeline and Hazardous Materials Safety Administration, an operating administration of the Department of Transportation. ( http://www.phmsa.dot.gov and § 382.3).
POC: A portable oxygen concentrator. (§ 382.3).
Qualified Individual With a Disability: An individual with a disability—
(1) Who, as a passenger—
• Purchases, offers to purchase, or otherwise validly obtains a ticket for air transportation;
• Presents himself or herself at the airport for the purpose of traveling on the flight; and
• Meets reasonable, nondiscriminatory contract of carriage requirements applicable to all passengers.
.
Qualified Individual With a Disability: An individual with a disability—
(1) Who, as a passenger—
• Purchases, offers to purchase, or otherwise validly obtains a ticket for air transportation;
• Presents himself or herself at the airport for the purpose of traveling on the flight; and
• Meets reasonable, nondiscriminatory contract of carriage requirements applicable to all passengers.
(2) Who accompanies or meets a traveler, using ground transportation or terminal facilities, or seeks to obtain information about schedules, fares, reservations, or policies and takes those actions necessary to use facilities or services offered by a carrier to the general public, with reasonable accommodations, as needed, provided by the carrier. (§ 382.3).
Scheduled Service: Any flight scheduled in the current edition of the Official Airline Guide, the carrier's published schedule, or the computer reservation system used by the carrier. (§ 382.3).
Service Animal: Any animal that is individually trained or able to provide assistance to a qualified person with a disability or any animal shown by documentation to be necessary to support a passenger with an emotional or mental disability.
Dogs, cats, and monkeys are among the types of animals that have been trained to act as service animals. Service animals may assist people with disabilities by, for example—
• Guiding persons with vision impairments;
• Alerting persons with hearing impairments to specific sounds;
• Alerting persons with epilepsy of imminent seizure onset;
• Pulling a wheelchair;
• Carrying items a passenger cannot readily carry while using his or her wheelchair;
• Assisting persons with mobility impairments to open and close doors, retrieve objects, transfer from one seat to another, and maintain balance; and
• Providing support for persons with emotional or mental disabilities. (§ 382.117 and Appendix III, Guidance Concerning Service Animals, and Chapter 3, Section D, Service Animals.)
passenger cannot readily carry while using his or her wheelchair;
• Assisting persons with mobility impairments to open and close doors, retrieve objects, transfer from one seat to another, and maintain balance; and
• Providing support for persons with emotional or mental disabilities. (§ 382.117 and Appendix III, Guidance Concerning Service Animals, and Chapter 3, Section D, Service Animals.).
Text Telephones (TTY): TTYs are devices that allow individuals who are unable to use a regular telephone to make or receive telephone calls by enabling them to type their conversations. (Chapter 4, Section D, Accommodations for Air Travelers with Vision or Hearing Impairments).
Transportation Security Administration (TSA): An administration within the Department of Homeland Security that is charged with protecting the Nation's transportation systems to ensure freedom of movement http://www.tsa.gov and § 382.3).
United States or U.S.: The United States of America, including its territories and possessions.
E. Acronyms
Following is a list of acronyms used in this manual.
ACAA Air Carrier Access Act ACCESS Ask, Call, Check, Evaluate, Solve, and Satisfy ADAAG Americans with Disabilities Act Accessibility Guidelines AIDS Acquired Immune Deficiency Syndrome AIR-21 Wendell H. Ford Aviation Investment and Reform Act for the 21st Century ATP Advanced Turboprop CBP U.S. Customs and Border Protection CFR Code of Federal Regulations CPAP Continuous Positive Airway Pressure CRO Complaints Resolution Official DEFRA U.K
, Check, Evaluate, Solve, and Satisfy ADAAG Americans with Disabilities Act Accessibility Guidelines AIDS Acquired Immune Deficiency Syndrome AIR-21 Wendell H. Ford Aviation Investment and Reform Act for the 21st Century ATP Advanced Turboprop CBP U.S. Customs and Border Protection CFR Code of Federal Regulations CPAP Continuous Positive Airway Pressure CRO Complaints Resolution Official DEFRA U.K. Department for Environment Food and Rural Affairs DOJ Department of Justice DOT Department of Transportation DSM-IV Diagnostic and Statistical Manual of Mental Disorders FAA Federal Aviation Administration FAQ Frequently Asked Questions FAR Federal Aviation Regulations HIV Human Immunodeficiency Virus IATA International Air Transport Association MTP Model Training Program NPRM Notice of Proposed Rulemaking OST Office of the Secretary of Transportation PHMSA Pipeline and Hazardous Materials Safety Administration PNR Passenger Name Record POC Portable Oxygen Concentrator RMOP Required Method of Operation RTCA Radio Technical Commission for Aeronautics SARS Severe Acute Respiratory Syndrome SFAR Special Federal Aviation Regulation SMS Short Message Service SSR Special Service Request TSA Transportation Security Administration TTY Text Telephones Chapter 2: Learning the Basics About the Law Protecting Air Travelers With Disabilities
A. The Statute and the Regulation B. Applying Part 382 Requirements C. Questions on Foreign Carrier Flights D. Conflicts of Law Waivers E. Equivalent Alternative Determinations F. Assisting Passengers With Disabilities G. Part 382 Highlights A. The Statute and the Regulation
• What does the Air Carrier Access Act (ACAA) say? The ACAA prohibits U.S. and foreign air carriers from discriminating against a qualified individual with a disability based on such disability in providing air transportation. See Chapter 1, Section C of this manual for a definition of a qualified individual with a disability. (49 U.S.C. 41705)
rt 382 Highlights A. The Statute and the Regulation
• What does the Air Carrier Access Act (ACAA) say? The ACAA prohibits U.S. and foreign air carriers from discriminating against a qualified individual with a disability based on such disability in providing air transportation. See Chapter 1, Section C of this manual for a definition of a qualified individual with a disability. (49 U.S.C. 41705).
• What is Title 14, Code of Federal Regulations (14 CFR) Part 382 (Part 382)? Part 382 is a detailed set of rules that define U.S. and foreign air carriers' responsibilities under the ACAA, as amended. Part 382 ensures that individuals with disabilities will be treated without discrimination, and requires U.S. and foreign air carriers (under certain conditions) to make aircraft, other facilities, and services accessible and take steps to accommodate a passenger with a disability. (§ 382.1).
B. Applying Part 382 Requirements
• Who is protected by Part 382? Part 382 protects three groups of individuals with disabilities:
(1) Individuals with a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities;
(2) Individuals with a record of such impairment; and
(3) Individuals who are regarded as having such impairments, whether they have the impairment or not.
(§ 382.3 and 49 U.S.C. 41705). • Who must comply with Part 382? The following organizations and individuals must comply with Part 382:
(1) A U.S. air carrier and its employees (for example, ticket agents, gate agents, flight attendants, pilots, baggage handlers) with respect to all operations and aircraft, regardless of where those operations take place (unless otherwise noted in Part 382).
.
(§ 382.3 and 49 U.S.C. 41705). • Who must comply with Part 382? The following organizations and individuals must comply with Part 382:
(1) A U.S. air carrier and its employees (for example, ticket agents, gate agents, flight attendants, pilots, baggage handlers) with respect to all operations and aircraft, regardless of where those operations take place (unless otherwise noted in Part 382).
(2) A foreign air carrier, its employees (such as ticket agents, gate agents, flight attendants, pilots, and baggage handlers), and its aircraft for flights that begin or end at a U.S. airport. Part 382 does not apply to a foreign carrier for flights operating between two foreign points. However, a U.S. air carrier that participates in a codesharing arrangement with a foreign air carrier with respect to flights between two foreign points is responsible for ensuring compliance with Part 382, Subparts A through C, F through H, and K with respect to passengers traveling under its code on such a flight.
(3) An authorized agent of a carrier (such as travel agents).
(4) An organization and its employees that have business arrangements with a carrier to provide disability-related services (for example, wheelchair service, baggage handling).
(5) An indirect air carrier and its employees (such as public charter operators) that provide facilities or services for other carriers that are covered by §§ 382.17 through 157. (§§ 382.3, 382.7(a), (c), and (f), 382.11(b) and 382.15).
• When does Part 382 apply to U.S. carriers and foreign carriers? U.S. carriers and foreign carriers were required to comply with the requirements of current Part 382 on May 13, 2009, except as otherwise noted in individual sections of Part 382. (§ 382.5) See Appendix I for a table of exceptions to the May 13, 2009, effective date.
• What is the difference between an indirect air carrier and an agent? An indirect air carrier indirectly engages in air transportation by selling the services of a direct air carrier
omply with the requirements of current Part 382 on May 13, 2009, except as otherwise noted in individual sections of Part 382. (§ 382.5) See Appendix I for a table of exceptions to the May 13, 2009, effective date.
• What is the difference between an indirect air carrier and an agent? An indirect air carrier indirectly engages in air transportation by selling the services of a direct air carrier. (§ 382.3) An agent is an entity that has lawful authority to act on behalf of the operating carrier, indirect air carrier, or on behalf of the prospective passenger. An agent typically sells the product of a disclosed principal (e.g., a seat on a scheduled airline or on a charter flight), offering it at the price and terms set by the principal.
Example:
A tour operator or an air freight forwarder contracts for space on a wholesale level with an airline and the tour operator or air freight forwarder then re-sells space on that flight on a retail basis, setting their own price and terms, bearing the entrepreneurial risk of profit or loss rather than acting as an agent, and controlling the inventory and schedule.
On the other hand, an agent, such as a retail travel agent, sells a product such as a seat on a scheduled airline or a charter flight, at a price and terms set by the airline. The travel agent is acting as an agent of the airline and is not an indirect air carrier. Concessionaires, suppliers, and other participants in the air travel system also are not indirect air carriers.
• Do carriers have to make contractors comply with Part 382 requirements? Yes, as a carrier, you must ensure that your contractors providing services to the public meet Part 382 requirements just as if you were performing those functions yourself. While you may contract out services, you may not contract away responsibilities. You must include an assurance of compliance with Part 382 in your contracts with any contractors who provide services to the public that are subject to Part 382 requirements. For a U.S
your contractors providing services to the public meet Part 382 requirements just as if you were performing those functions yourself. While you may contract out services, you may not contract away responsibilities. You must include an assurance of compliance with Part 382 in your contracts with any contractors who provide services to the public that are subject to Part 382 requirements. For a U.S. carrier, an assurance of compliance must be included in your contracts with U.S. travel agents but not foreign travel agents. The Department of Transportation expects you to monitor the performance of your contractors to ensure that the contractors' performance complies with Part 382. (§ 382.15).
C. Questions on Foreign Carrier Flights
• For a passenger with a disability traveling on a foreign carrier, what is considered a “flight” covered under Part 382? Flight means a continuous journey in the same aircraft or with one flight number that begins or ends at a U.S. airport. (§ 382.7(b)).
The following are examples of flight scenarios involving foreign carriers.
Example 1:
A passenger books a nonstop flight on a foreign carrier from New York to Frankfurt, or Frankfurt to New York. Each of these is a “flight” covered by Part 382.
Example 2:
A passenger books a trip on a foreign carrier from New York to Prague. The foreign carrier flies nonstop to Frankfurt. The passenger deplanes in Frankfurt and boards a connecting flight (with a different flight number), on the same foreign carrier or a different carrier, which flies to Prague. The New York-Frankfurt leg of the trip is a “flight” covered by Part 382; the Frankfurt-Prague leg is not a covered flight. On the reverse routing, the Prague-Frankfurt leg is not a covered flight for purposes of Part 382, while the Frankfurt-New York leg is a covered flight.
Example 3:
A passenger books a trip on a foreign carrier from New York to Prague. The aircraft stops for refueling and a crew change in Frankfurt
of the trip is a “flight” covered by Part 382; the Frankfurt-Prague leg is not a covered flight. On the reverse routing, the Prague-Frankfurt leg is not a covered flight for purposes of Part 382, while the Frankfurt-New York leg is a covered flight.
Example 3:
A passenger books a trip on a foreign carrier from New York to Prague. The aircraft stops for refueling and a crew change in Frankfurt. If, after deplaning in Frankfurt, the passengers originating in New York reboard the aircraft (or a different aircraft, assuming the flight number remains the same) and continue to Prague, they remain on a covered flight for purposes of Part 382. This is because their transportation takes place on a direct flight between New York and Prague, even though it had an interim stop in Frankfurt. This example also would apply in the opposite direction (Prague to New York via Frankfurt).
Example 4:
In Example 3 directly above, the foreign carrier is not subject to coverage under Part 382 with respect to a Frankfurt originating passenger who boards the aircraft and flies to Prague, or a Prague-originating passenger who deplanes in Frankfurt and does not continue to New York.
• Does Part 382 apply to foreign carriers operating between two foreign points under a codeshare arrangement with a U.S. carrier? No, Part 382 does not generally apply to foreign carriers operating between two foreign points and transporting passengers flying under the U.S. carrier's code. However, Part 382 applies to the U.S. carrier with respect to passengers traveling under its code. A U.S. carrier, not the foreign carrier, would be responsible for any violation of the service provisions of Subparts A through C, F through H, and K of Part 382 for a passenger traveling under the U.S. carrier's code. (§ 382.7(c)).
• Does Part 382 apply to foreign carrier charter flights? A charter flight on a foreign carrier originating from a foreign airport to a U.S
traveling under its code. A U.S. carrier, not the foreign carrier, would be responsible for any violation of the service provisions of Subparts A through C, F through H, and K of Part 382 for a passenger traveling under the U.S. carrier's code. (§ 382.7(c)).
• Does Part 382 apply to foreign carrier charter flights? A charter flight on a foreign carrier originating from a foreign airport to a U.S. airport and returning to a foreign airport would not be covered if the carrier does not board any new passengers in the United States for the return flight. (§ 382.7(d)).
D. Conflicts of Law Waivers
• What may a carrier do if a provision of a foreign nation's law conflicts with Part 382 requirements? Part 382 contains a conflict of laws waiver provision to address conflicts with legally binding foreign legal mandates. For example, as a carrier, you may request a waiver from a Part 382 requirement if a foreign law—(1) Requires you to do something prohibited by Part 382 or (2) prohibits you from doing something required by Part 382. Your U.S. carrier code share partner may file a waiver request on your behalf when a foreign law conflicts with a service-related provision of Part 382. Note that a foreign carrier's or foreign government's policy, authorized practice, recommendation, or preference is not an appropriate basis for a conflict of laws waiver request. In addition, if you have discretion in complying with Part 382 under the foreign law then you must exercise that discretion by complying with Part 382. (§ 382.9).
• What must a conflicts of law waiver request include? A conflicts of law waiver request must include: (1) A copy of the conflicting foreign law (in English); (2) a description of how the law applies and how it precludes you from complying with Part 382; and (3) your proposal for an alternative means of meeting the objective of the requirement or a justification of why it would be impossible to meet the requirement in any way. (§ 382.9(c))
st include? A conflicts of law waiver request must include: (1) A copy of the conflicting foreign law (in English); (2) a description of how the law applies and how it precludes you from complying with Part 382; and (3) your proposal for an alternative means of meeting the objective of the requirement or a justification of why it would be impossible to meet the requirement in any way. (§ 382.9(c)).
• Is there a deadline for a carrier to file a conflict of law waiver request? DOT sought to encourage carriers to conduct a due diligence review of foreign legal requirements that may conflict with Part 382. Accordingly, foreign carriers that filed waiver requests by September 10, 2008 (within 120 days of the publication date of the rule (May 13, 2008)), had a commitment from DOT that it would not take any enforcement action related to implementing the foreign law in question pending DOT's response to the waiver request. (§ 382.9(e)).
• Is a carrier subject to enforcement action while a conflict of law waiver request submitted after September 10, 2008, is under DOT review? If the conflicting foreign law did not exist on September 10, 2008, you may continue to implement the policy or practice that is the subject of your request until the DOT responds to your request. The DOT will not take enforcement action with respect to your policy or practice while the waiver request is under its review. However, the DOT may begin an enforcement action if it finds that a carrier's waiver request: (1) is frivolous or dilatory, (2) has not been submitted with respect to a certain policy or practice, or (3) has been previously denied and the carrier continues to follow the denied policy or practice. (§ 382.9(e) through (g))
pect to your policy or practice while the waiver request is under its review. However, the DOT may begin an enforcement action if it finds that a carrier's waiver request: (1) is frivolous or dilatory, (2) has not been submitted with respect to a certain policy or practice, or (3) has been previously denied and the carrier continues to follow the denied policy or practice. (§ 382.9(e) through (g)).
• What must DOT determine to grant a conflicts of law waiver request? The DOT may grant the waiver request, or grant the request subject to conditions, if DOT determines: (1) The foreign law applies; (2) the foreign law does preclude compliance with a provision of Part 382; and (3) the carrier has provided an effective alternative means of achieving the Part 382 objective or has demonstrated by clear and convincing evidence that it would be impossible to achieve that objective in any way. (§ 382.9(d)).
E. Equivalent Alternative Determinations
• What is an equivalent alternative determination and when does a carrier have to file one? If, with respect to a specific accommodation, a carrier can demonstrate that what it wants to do will provide substantially equivalent accessibility to passengers with disabilities as compared with literal compliance with a particular provision of Part 382, it can file for an equivalent alternative determination. If the DOT agrees, it will determine that the carrier can comply with the rule using its alternative accommodation. Carriers must comply with Part 382 and cannot use their proposed equivalent alternative until and unless DOT approves it. (§ 382.10).
• How does a carrier apply for an equivalent alternative determination? As a U.S. carrier or foreign carrier, you may apply to the DOT for a determination that you are providing an alternative to passengers with disabilities
le using its alternative accommodation. Carriers must comply with Part 382 and cannot use their proposed equivalent alternative until and unless DOT approves it. (§ 382.10).
• How does a carrier apply for an equivalent alternative determination? As a U.S. carrier or foreign carrier, you may apply to the DOT for a determination that you are providing an alternative to passengers with disabilities. Your application must be in English and include: (1) A citation of the specific provision to which you are proposing an equivalent alternative; (2) a detailed description of the alternative policy, practice, or other accommodation you are proposing to use in place of the Part 382 requirement cited above; and (3) an explanation of how it provides substantially equivalent accessibility to passengers with disabilities.
If the DOT grants your application, you may comply with Part 382 through implementing your equivalent alternative. If the DOT denies your application, you must comply with Part 382 as written. (§ 382.10).
F. Assisting Passengers With Disabilities
• What is a physical or mental impairment? Physical impairment includes—(1) Any physiological disorder or condition; (2) cosmetic disfigurement; or (3) anatomical loss affecting one or more of the following body systems:
○ 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; and
○ Human Immunodeficiency Virus (HIV).
Mental impairments include any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (§ 382.3)
l, speech, and hearing impairments;
○ Cerebral palsy;
○ Epilepsy;
○ Muscular dystrophy;
○ Multiple sclerosis;
○ Cancer;
○ Heart disease;
○ Diabetes; and
○ Human Immunodeficiency Virus (HIV).
Mental impairments include any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (§ 382.3).
• What is not considered a physical or mental impairment? Physical characteristics such as the color of one's eyes, hair, or skin; baldness; and 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 one or more major life activities? To qualify as a “disability” under Part 382 a condition or disease must substantially limit a major life activity. Major life activities include, activities such as—
○ Caring for oneself,
○ Performing manual tasks,
○ Walking,
○ Seeing,
○ Hearing,
○ Speaking,
○ Breathing,
○ Learning, and
○ Working. (§ 382.3).
• When does an impairment “substantially limit” a major life activity? There is no absolute standard for determining when an impairment is a substantial limitation. Some impairments obviously limit the ability of an individual to engage in a major life activity as noted in the following examples.
Example 1:
A person who is deaf is substantially limited in the major life activity of hearing.
Example 2:
A person with traumatic brain injury may be substantially limited in the major life activities of: (a) Caring for himself or herself; and (b) working, because of memory deficiency, confusion, contextual difficulties, and the inability to reason appropriately
in the following examples.
Example 1:
A person who is deaf is substantially limited in the major life activity of hearing.
Example 2:
A person with traumatic brain injury may be substantially limited in the major life activities of: (a) Caring for himself or herself; and (b) working, because of memory deficiency, confusion, contextual difficulties, and the inability to reason appropriately.
Example 3:
An individual who is paraplegic may be substantially limited in the major life activity of walking.
• Are temporary mental or physical impairments covered by Part 382? Yes. The definition of individual with a disability addresses any individual who has a temporary physical or mental impairment. (§ 382.3) See the following example:
Example:
While on a skiing trip, Jane breaks her leg and is placed in a cast that keeps her from bending her leg and walking without using crutches. Jane will eventually recover the full use of her leg, but in the meantime, she is substantially limited in the major life activity of walking. Because Jane's broken leg will substantially limit a major life activity for a period of time, Jane would be considered to have a disability covered by Part 382 during that period. As a carrier, you would be required to provide her certain services and equipment under Part 382 if requested (for example, boarding and deplaning assistance, connecting wheelchair assistance, seating with additional leg room to the extent required by Part 382, and safe stowage of her crutches in the aircraft cabin in close proximity to her seat).
• Who is a person with a “record of” a disability under Part 382? Part 382 protects from discrimination an individual (1) who has a “record of” (a history of) a physical or mental impairment that substantially limits one or more major life activities or (2) who has been classified, or misclassified, as having such an impairment
her crutches in the aircraft cabin in close proximity to her seat).
• Who is a person with a “record of” a disability under Part 382? Part 382 protects from discrimination an individual (1) who has a “record of” (a history of) a physical or mental impairment that substantially limits one or more major life activities or (2) who has been classified, or misclassified, as having such an impairment. Therefore, an individual who does not have a current actual impairment that substantially limits a major life activity would still be protected under Part 382 based upon a past diagnosis (or a misdiagnosis) of an impairment that substantially limits a major life activity. Individuals with a history of cancer or epilepsy are examples of people with a record of impairment. (§ 382.3) The following example illustrates such a situation:
Example:
Adam, a passenger who has had severe epileptic seizures in the past that rendered him unable to work, is denied transportation by carrier personnel because of their concern that he may have a seizure on board the aircraft. This denial of transportation would be unlawful if based solely on the fact that Adam has had past seizures, because epilepsy may be controlled by medication. Carrier personnel can lawfully deny transport to Adam only if they reasonably believe, based on the information available, that his seizure disorder poses a real safety risk to him, or is a direct threat to other passengers.
• When is a person “regarded as” having a disability? Part 382 protects an individual who is “regarded as” having a physical or mental impairment that substantially limits a major life activity, whether or not that person actually has an impairment. A person can be “regarded as” disabled if—
(1) His or her non-limiting or slightly limiting impairments are treated by an air carrier as substantially limiting;
(2) He or she has no impairments but is treated by an air carrier as having a substantially limiting impairment; or
tal impairment that substantially limits a major life activity, whether or not that person actually has an impairment. A person can be “regarded as” disabled if—
(1) His or her non-limiting or slightly limiting impairments are treated by an air carrier as substantially limiting;
(2) He or she has no impairments but is treated by an air carrier as having a substantially limiting impairment; or
(3) His or her impairments become substantially limiting because of the attitudes of others toward such impairments. (§ 382.3).
See the following two examples.
Example 1:
Carrier personnel deny John, an individual with a mild heart condition controlled by medication, transportation because they believe that flying will cause him to have heart problems requiring the pilot to divert the aircraft during the flight. John's condition does not substantially limit any major life activity. John has informed the air carrier personnel that his heart condition is controlled by medication and that for the past five years he has flown on a near weekly basis without incident. Even though John does not actually have an impairment that substantially limits a major life activity, he is protected by the provisions of Part 382 because he is treated as though he does. The air carrier personnel's refusal to provide transportation to John must be reasonable under the facts and circumstances presented. Arguably, excluding John from the flight was unreasonable because he had informed the air carrier employee that he was taking medication and that he had flown frequently in the recent past without incident. The reasonableness of the decision depends on John's credibility and any additional information provided. Regardless of the reasonableness of the decision, the air carrier employee is legally required under § 382.19(d) to provide a written explanation to John within 10 calendar days of the refusal of transportation detailing the specific safety or other reason(s) for excluding John from the flight
The reasonableness of the decision depends on John's credibility and any additional information provided. Regardless of the reasonableness of the decision, the air carrier employee is legally required under § 382.19(d) to provide a written explanation to John within 10 calendar days of the refusal of transportation detailing the specific safety or other reason(s) for excluding John from the flight.
Example 2:
Karen, an individual born with a prominent facial disfigurement, has been refused transportation on the grounds that
• When am I required to provide disability-related accommodations to an individual? You are required to provide such an accommodation when—
(1) An individual with a disability or someone acting on his or her behalf, such as a travel companion, family member, or friend, requests an accommodation required by Part 382 or
(2) You offer such a required accommodation to a passenger with a disability and he or she accepts such accommodation.
• How do I determine whether a person is an individual with a disability? Provide an opportunity for the passenger to self-identify by asking how you can best assist him or her. (See for example, §§ 382.81, 382.85, 382.87, 382.91, 382.93, 382.111).
• May I ask an individual what his or her disability is? Generally, no. However, clarifying the nature of a disability may be required to determine if a passenger is entitled to a particular seating accommodation under sections 382.81 through 382.87. You may not make inquiries about an individual's disability or the nature or severity of the disability. However, you may ask questions about an individual's ability to perform specific air travel-related functions, such as boarding, deplaning, and walking through the airport
equired to determine if a passenger is entitled to a particular seating accommodation under sections 382.81 through 382.87. You may not make inquiries about an individual's disability or the nature or severity of the disability. However, you may ask questions about an individual's ability to perform specific air travel-related functions, such as boarding, deplaning, and walking through the airport. For example—
You may not ask a person What is your disability? Are you deaf? You may ask Can you walk from the gate area to your aircraft seat? Are you able to transfer from the aisle chair over a fixed aisle seat armrest? Can you walk from this gate to your connecting gate? Do you need me to notify you if I make any announcements over the public address speaker?” (write a note if necessary) Example:
Susan asks for a bulkhead seat because the condition of her leg requires additional legroom. You may ask, “Are you unable to bend your leg or is your leg fused or immobilized?” For a passenger with a fused or immobilized leg, the carrier is required to provide a bulkhead seat or other seat that provides more legroom than other seats on the side of an aisle that better accommodates the individual's disability. (§ 382.81(d))
• How do I assist a passenger with a disability? Ask the passenger how you can best assist him or her. A passenger with a disability has the most information about his or her abilities, limitations, level of familiarity with the airport and air carrier, and needs in connection with air travel.
G. Part 382 Highlights
• What are some of the requirements of Part 382 that I should be aware of? Following are some of the principle requirements of Part 382. It is important to note that the list of Part 382 requirements below is not meant to be exhaustive. Rather, it is a list of requirements governing situations that you are likely to encounter regularly. In addition, these requirements may not be applicable in instances where a legally binding conflicts of law waiver exists
d be aware of? Following are some of the principle requirements of Part 382. It is important to note that the list of Part 382 requirements below is not meant to be exhaustive. Rather, it is a list of requirements governing situations that you are likely to encounter regularly. In addition, these requirements may not be applicable in instances where a legally binding conflicts of law waiver exists. You should refer to the specific sections cited below for exceptions to these requirements.
○ You must not discriminate against passengers with a disability. (§ 382.11(a)(1)) .
○ You must not require a passenger with a disability to accept special services (including preboarding) they do not request. (§ 382.11(a)(2)). Instead, you may ask a person if he or she would like a particular service, facility, or other accommodation. However, you may require preboarding as a condition to receive certain seating or cabin stowage accommodations. (§§ 382.83(c), 382.85(b), and 382.123(a)).
○ You must not exclude a passenger with a disability from or deny the individual the benefit of any air transportation or related services that are available to other persons. (§ 382.11(a)(3)). For example, if you choose to provide ground transportation and overnight accommodations to passengers because of a flight cancellation, you must ensure that the ground transportation to the hotel, and the hotel itself, are accessible to a passenger with a disability.
○ You must not take any adverse action against an individual, such as refusing transportation, because an individual asserts, on his or her own behalf, or on behalf of another individual, rights protected under Part 382 or the ACAA. (§ 382.11(a)(4)).
○ You must not limit the number of passengers with disabilities on a particular flight. 6 (§ 382.17).
6 The DOT has received Conflict of Laws waiver requests from some foreign carriers asserting that § 382.17 conflicts with the European Aviation Safety Agency's Joint Aviation Regulation-OPS 1.260
or on behalf of another individual, rights protected under Part 382 or the ACAA. (§ 382.11(a)(4)).
○ You must not limit the number of passengers with disabilities on a particular flight. 6 (§ 382.17).
6 The DOT has received Conflict of Laws waiver requests from some foreign carriers asserting that § 382.17 conflicts with the European Aviation Safety Agency's Joint Aviation Regulation-OPS 1.260. Visit http://www.regulations.gov , select “Agency Documents,” and enter “DOT-OST-2008-0272” to view Conflict of Laws waiver requests.
○ You must not refuse transportation to a passenger solely based on a disability. (§ 382.19).
○ You must provide transportation to a passenger with a disability who has an impairment that affects his or her appearance or results in involuntary behavior except under limited circumstances specified below. You must provide transportation to such passengers with disabilities even if the disability may offend, annoy, or inconvenience crewmembers or other passengers. (§ 382.19(b)). However, if the person's disability results in involuntary behavior that would or might adversely affect the safety of the flight, then the person may be refused transportation. (§ 382.19(c)).
○ You may refuse transportation to a passenger with a disability if transportation of that passenger would—
(1) Endanger the safety of the aircraft or the health or safety of its passengers or
(2) Violate a Federal Aviation Administration (FAA) or Transportation Security Administration (TSA) regulation or applicable requirement of a foreign government. (§ 382.19(c)).
○ You must not require a passenger with a disability to travel with a safety assistant or to present a medical certificate, except in very limited circumstances. (§§ 382.23(a) and 382.29).
○ You must not require a passenger with a disability to sign a release or waiver of liability to receive transportation or services or accommodations for a disability. (§ 382.35(a))
overnment. (§ 382.19(c)).
○ You must not require a passenger with a disability to travel with a safety assistant or to present a medical certificate, except in very limited circumstances. (§§ 382.23(a) and 382.29).
○ You must not require a passenger with a disability to sign a release or waiver of liability to receive transportation or services or accommodations for a disability. (§ 382.35(a)).
○ You must not exclude a passenger with a disability from any seat in an exit or other row solely based on his or her disability except to comply with FAA regulations or applicable foreign
FAA regulations establish criteria that must be met for a passenger to occupy a seat in the emergency exit rows. (14 CFR 121.585). There also may be foreign government safety requirements for exit row seating. If a passenger with a disability meets these FAA criteria and applicable foreign government safety requirements, he or she should not necessarily be excluded from sitting in an emergency exit row. As with any other passenger, you must look at the individual passenger with a disability and reasonably assess whether he or she meets the applicable criteria for exit-row seating. (§ 382.87(b)).
○ You must provide prompt boarding, deplaning, and connecting assistance to passengers with disabilities requesting such assistance. As part of this assistance, you must provide, as needed—
(1) Equipment (for example, wheelchairs, electric carts, and aisle chairs);
(2) Personnel (for example, individuals to push wheelchairs and aisle chairs and individuals to assist passengers with disabilities in carrying and stowing their baggage); and
and connecting assistance to passengers with disabilities requesting such assistance. As part of this assistance, you must provide, as needed—
(1) Equipment (for example, wheelchairs, electric carts, and aisle chairs);
(2) Personnel (for example, individuals to push wheelchairs and aisle chairs and individuals to assist passengers with disabilities in carrying and stowing their baggage); and
(3) Ramps or mechanical lifts (only required at any U.S. commercial service airport with 10,000 or more annual enplanements where level-entry boarding and deplaning is not available.) (§§ 382.91 and 382.95). See Appendix II for a discussion of the agreements carriers must have with airports for the provision of lifts where level-entry loading bridges are not available. (§ 382.99).
You must allow passengers with disabilities to bring their assistive devices including canes, crutches, walkers; or other assistive devices inside the cabin of the aircraft. Other assistive devices include items such as—
Prescription medications and any medical devices needed to administer them such as syringes or auto-injectors;
Vision enhancing devices;
Continuous positive airway pressure (CPAP) machines, portable oxygen concentrators (POC), respirators, and ventilators, using nonspillable batteries, and
A folding or collapsible wheelchair (see below).
These assistive devices may be stowed in designated priority stowage areas, in overhead compartments, or under seats consistent with FAA, PHMSA, TSA, or foreign government requirements concerning safety, hazardous materials, and security with respect to stowage of carry-on items. You must not count the number of assistive devices described above toward the carry-on baggage limit. (§ 382.121).
○ On certain aircraft, the carrier must designate a priority stowage space (required dimensions 13″ × 36″ × 42″) for at least one passenger's typical adult-sized folding, collapsible, or break-down manual wheelchair
materials, and security with respect to stowage of carry-on items. You must not count the number of assistive devices described above toward the carry-on baggage limit. (§ 382.121).
○ On certain aircraft, the carrier must designate a priority stowage space (required dimensions 13″ × 36″ × 42″) for at least one passenger's typical adult-sized folding, collapsible, or break-down manual wheelchair. You must not require removal of the wheels or any other disassembly to fit the manual wheelchair in this priority space. (§ 382.67) This space must be in addition to the overhead compartments and under-seat spaces routinely used for passenger carry-on items. You are not required to stow any kind of electric wheelchair in the aircraft cabin.
This requirement applies if the aircraft—(1) has a designed seating capacity of 100 or more seats and (2) for a U.S carrier, was ordered after April 5, 1990, or delivered after April 5, 1992; for a foreign carrier, was ordered after May 13, 2009, or delivered after May 13, 2010. (§ 382.67)).
With regard to the priority stowage space, you, as a carrier, must comply with the following:
A passenger with a disability who takes advantage of the opportunity to preboard may stow his or her wheelchair in this area with priority over other carry-on items brought onto the aircraft by other passengers and crewmembers consistent with FAA, PHMSA, TSA, or foreign government requirements concerning safety, hazardous materials, and security with respect to the stowage of carry-on items. (§ 382.123).
You must move any item that you or your personnel have placed in the closet or other area designated for priority stowage of carry-on items such as crewmember luggage or a required on-board wheelchair to make room for the passenger's wheelchair even if the items were placed there before the passenger boarded the flight. This includes any items that were placed in the priority stowage area on an earlier originating or connecting flight. (§ 382.123)
ave placed in the closet or other area designated for priority stowage of carry-on items such as crewmember luggage or a required on-board wheelchair to make room for the passenger's wheelchair even if the items were placed there before the passenger boarded the flight. This includes any items that were placed in the priority stowage area on an earlier originating or connecting flight. (§ 382.123).
A passenger with a disability who does not preboard may use the priority space to stow his or her wheelchair or other assistive device on a first-come, first-served basis along with other passengers stowing their carry-on items. (§ 382.123).
○ On new aircraft ordered after May 13, 2009, or delivered to carriers after May 13, 2011, carriers are not permitted to use seat-strapping (tying down a wheelchair across a row of seats in an aircraft that does not have the required space for stowing a folding wheelchair in the cabin) as an alternative to designated stowage spaces. Subject to the outcome of the pending rulemaking, you may use seat strapping for manual wheelchairs on existing aircraft that do not have the required space for stowing a folding wheelchair in the aircraft cabin. 7 (§ 382.123).
7 On June 3, 2011, the Department published a Notice of Proposed Rulemaking regarding the use of seat-strapping as a method for in-cabin stowage of manual wheelchairs. See 76 FR 32107. The Department expects to publish a final rule concerning seat-strapping in 2012.
○ A passenger with a disability who takes advantage of the opportunity to preboard may stow assistive devices other than folding wheelchairs in the priority stowage area over other carry-on items (except folding wheelchairs) brought onto the aircraft by other passengers and crewmembers enplaning at the same airport. Stowing these devices in the priority space must be consistent with FAA, PHMSA, TSA, or foreign government requirements concerning safety, hazardous materials, and security with respect to the stowage of carry-on items. (§ 382.123(a)(2))
y stowage area over other carry-on items (except folding wheelchairs) brought onto the aircraft by other passengers and crewmembers enplaning at the same airport. Stowing these devices in the priority space must be consistent with FAA, PHMSA, TSA, or foreign government requirements concerning safety, hazardous materials, and security with respect to the stowage of carry-on items. (§ 382.123(a)(2)).
○ You must have a copy of Part 382 available at every airport you serve. For foreign carriers, you must keep a copy of Part 382 and make it available at each airport serving a flight you operate that begins or ends at a U.S. airport. You must make a copy available for review upon request by any member of the public. (§ 382.45(a)). If you have a Web site, it must also provide a notice that consumers may obtain a copy of Part 382 from the DOT—
By telephone (including the appropriate voice and Text Telephones (TTY) numbers) via a toll-free hotline for air travelers with disabilities or to the Aviation Consumer Protection Division;
By mail to the Aviation Consumer Protection Division, or
On the Aviation Consumer Protection Division's Web site ( http://airconsumer.dot.gov ). (§ 382.45(b)).
○ As a U.S. carrier, you must provide passengers with vision or hearing impairments who identify themselves as needing assistance prompt access to the same information given to other passengers at the airport. This information includes—
Flight safety,
Ticketing,
Flight check-in,
Gate assignments,
Delayed flights,
Cancellations,
Schedule changes,
Boarding information,
Connections,
Checking baggage,
Volunteer solicitation on oversold flights (offers of compensations for giving up a reservation),
Individuals being paged by airlines,
Aircraft changes, and
Emergencies such as fire or bomb threats.
You must provide this information at each gate, ticketing area, and customer service desk that you own, lease, or control at any U.S
Boarding information,
Connections,
Checking baggage,
Volunteer solicitation on oversold flights (offers of compensations for giving up a reservation),
Individuals being paged by airlines,
Aircraft changes, and
Emergencies such as fire or bomb threats.
You must provide this information at each gate, ticketing area, and customer service desk that you own, lease, or control at any U.S. or foreign airport to the extent that this does not interfere with employees' safety and security duties under FAA, TSA, and foreign regulations. (§ 382.53(a)(1)).
As a foreign carrier, you must make the information listed above available at each gate, ticketing area, and customer service desk that you own, lease, or control at any U.S. airport. At foreign airports, you must make the information available only: (1) At gates, ticketing areas, or customer service desks that you own, lease, or control and (2) for flights that begin or end in the United States. (§ 382.53(a)(2)).
As a U.S. or foreign carrier, you and any U.S. airport you use are jointly responsible for providing the required passenger information to passengers with vision or hearing impairments when that airport has control over the gates, ticketing areas, and customer service desks, (§ 382.53(a)(3)).
○ You also must provide passengers with vision or hearing impairments prompt access to the same information given to other passengers on the aircraft. This means information that a reasonable consumer would deem important, such as information on—
Flight safety,
Procedures for takeoff and landing,
Flight delays,
Schedule or aircraft changes,
Diversion to a different airport,
Scheduled departure and arrival time,
Boarding information,
Weather conditions at the destination airport,
Beverage and menu information,
Connecting gate assignments,
Claiming baggage,
Individuals being paged by airlines, and
Emergencies such as fire or bomb threats
cedures for takeoff and landing,
Flight delays,
Schedule or aircraft changes,
Diversion to a different airport,
Scheduled departure and arrival time,
Boarding information,
Weather conditions at the destination airport,
Beverage and menu information,
Connecting gate assignments,
Claiming baggage,
Individuals being paged by airlines, and
Emergencies such as fire or bomb threats.
Crewmembers are not required to provide such information if it would interfere with the crewmember's safety duties required under FAA and applicable foreign regulations. (§ 382.119).
○ You must allow a service animal to accompany a passenger with a disability in the aircraft cabin consistent with FAA regulations or applicable foreign government requirements. As a foreign carrier, you are not required to carry service animals other than dogs (except as noted in § 382.7(c) for codeshare flights with U.S. carriers).
You must allow the service animal to sit in close proximity to its user if the service animal does not block the aisle or other emergency evacuation route in violation of FAA regulations or applicable foreign government requirements. Often this will mean that the service animal will sit under the seat in front of the passenger with a disability to avoid obstructing an aisle or other space. Some service animals are held by their users in their arms as an adult would hold a human infant (limited to infants under 2 years of age) of roughly the same size. (§ 382.117).
○ You must designate one or more Complaints Resolution Official (CRO) if you provide service using aircraft with 19 or more passenger seats. The CRO must be available (in person, by telephone, or TTY service) to address disability-related complaints
by their users in their arms as an adult would hold a human infant (limited to infants under 2 years of age) of roughly the same size. (§ 382.117).
○ You must designate one or more Complaints Resolution Official (CRO) if you provide service using aircraft with 19 or more passenger seats. The CRO must be available (in person, by telephone, or TTY service) to address disability-related complaints. You must provide a CRO to a passenger even if the passenger does not use the term “Complaints Resolution Official” or “CRO.” When a passenger with a disability uses words such as “supervisor,” “manager,” “boss,” or “disability expert” in connection with resolving a disability-related issue, you must provide a CRO.
As a U.S. carrier, you must make the CRO available at each airport you serve during all times that you operate at that airport.
As a foreign carrier, you must make a CRO available at each airport serving flights you operate that begin or end at a U.S. airport. For carriers that operate flights infrequently, for example, flying from Dulles Airport to a foreign airport at 5 p.m. on Mondays and Thursdays, you do not have to make a CRO available to persons at Dulles Airport on those days you do not operate flights or in the mornings on days when you operate flights. (§ 382.151).
○ You must not charge for services that are required by Part 382. This means, for example, you and your employees and contractors may not ask for a tip when providing wheelchair service to a passenger. You may, however, impose a reasonable charge for services not required by Part 382, that is, optional services. Examples of such optional services include carrier-supplied medical oxygen for use onboard an aircraft or stretcher service. (§ 382.31(a)).
○ You may charge a passenger for the use of more than one seat if the passenger's size or condition, such as use of a stretcher, causes the passenger to occupy more than one seat. (§ 382.31(b))
r services not required by Part 382, that is, optional services. Examples of such optional services include carrier-supplied medical oxygen for use onboard an aircraft or stretcher service. (§ 382.31(a)).
○ You may charge a passenger for the use of more than one seat if the passenger's size or condition, such as use of a stretcher, causes the passenger to occupy more than one seat. (§ 382.31(b)).
○ If you have a Web site that persons use to make reservations or purchase tickets that is inaccessible to a passenger with a disability, you must not charge a fee to the passenger with a disability who is unable to make a reservation or purchase a ticket from your Web site when using another reservation booking method such as by telephone. In addition, if you provide discounts or other benefits to individuals who book a flight online, then that discount or benefit must be given to a passenger with a disability who cannot use the Web site due to his or her disability when he or she buys a ticket using another method. (§ 382.31(c)).
Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip
A. Advance Notice B. Information About the Aircraft C. Mobility Aids and Assistive Devices D. Service Animals E. Accommodations for Air Travelers With Hearing Impairments F. Communicable Diseases G. Medical Certificates H. Your Obligation To Provide Services and Equipment I. Safety Assistants A. Advance Notice
You cannot require a passenger with a disability to provide advance notice of his or her intention to travel except as noted below
ircraft C. Mobility Aids and Assistive Devices D. Service Animals E. Accommodations for Air Travelers With Hearing Impairments F. Communicable Diseases G. Medical Certificates H. Your Obligation To Provide Services and Equipment I. Safety Assistants A. Advance Notice
You cannot require a passenger with a disability to provide advance notice of his or her intention to travel except as noted below.
Advance Notice Only for Particular Services and Equipment
You may require up to 48 hours' advance notice (that is, 48 hours before the scheduled departure time of the flight) and 1 hours' advance check-in (that is, 1 hour before the check-in time for the general public) from a passenger with a disability who wishes to receive the following services:
• Transportation of an electric wheelchair on an aircraft with fewer than 60 passenger seats;
• Provision by the carrier of hazardous materials packaging for the battery of a wheelchair or other assistive device;
• Accommodations for 10 or more passengers with disabilities who make reservations and travel as a group;
• Provision of an on-board wheelchair on an aircraft with more than 60 passenger seats that does not have an accessible lavatory for passengers with disabilities who can use an inaccessible lavatory but need an on-board chair to do so;
• Transportation of an emotional support or psychiatric service animal in the cabin;
• Transportation of any service animal on a flight segment scheduled to take 8 hours or more; and
• Accommodation of a passenger with both severe vision and hearing impairments. (§ 382.27(c)(4) through (c)(10)).
Example 1:
If you advise passengers to check-in 1 hour before the scheduled departure time of the flight, you may advise a passenger with a disability who seeks one of the accommodations listed above to check-in 2 hours before the scheduled departure time for the flight
more; and
• Accommodation of a passenger with both severe vision and hearing impairments. (§ 382.27(c)(4) through (c)(10)).
Example 1:
If you advise passengers to check-in 1 hour before the scheduled departure time of the flight, you may advise a passenger with a disability who seeks one of the accommodations listed above to check-in 2 hours before the scheduled departure time for the flight.
Example 2:
While making his reservation, a passenger with a disability gave the reservation agent 48 hours' advance notice that he would need an aisle chair to access the lavatory on his upcoming flight. The flight is on an aircraft with more than 60 passenger seats and it does not have an accessible lavatory. During the telephone call, the reservation agent makes the passenger aware of the fact that the lavatory is inaccessible, but the passenger explains that he can use an inaccessible lavatory if he has access to an aisle chair provided by the carrier. The passenger has complied with the advance notice requirement. Normally this information would have been entered into the passenger's reservation record (also known as the passenger name record (PNR)) by the carrier and the request for an aisle chair would have been handled through that notification process. You are a new gate agent for your carrier and when this passenger approaches you at the gate of the flight and asks about the requested aisle chair, you are not sure how to reply. What should you do?
To begin, as a matter of good customer service, you should tell the passenger that you are not sure but you will find out. You should ask a colleague and, if necessary, contact a Complaints Resolution Official (CRO). When you ask your colleague, you are told that all aircraft with more than 60 passenger seats in your air carrier's fleet are equipped with an in-cabin aisle chair. Once you receive this information, you should assure the passenger that an aisle chair is available so he can use the inaccessible lavatory on the aircraft
a colleague and, if necessary, contact a Complaints Resolution Official (CRO). When you ask your colleague, you are told that all aircraft with more than 60 passenger seats in your air carrier's fleet are equipped with an in-cabin aisle chair. Once you receive this information, you should assure the passenger that an aisle chair is available so he can use the inaccessible lavatory on the aircraft.
Advance Notice for POC or Carrier-Supplied Inflight Medical Oxygen
With respect to onboard use of supplemental oxygen during a flight, you can require advance notice of a passenger whether you, the carrier, provides the oxygen or the passenger supplies the POC.
International flights. You may require up to 72 hours' advance notice and 1-hour advance check-in (that is, 1 hour before the check-in time for the general public) from a passenger with a disability who wishes to receive carrier-supplied medical oxygen for use onboard the aircraft. You may require 48 hours' advance notice and check-in one hour before the check-in time for the general public to use his/her ventilator, respirator, CPAP machine or POC.
Domestic flights. You may require up to 48 hours' advance notice and 1-hour advance check-in (that is, 1 hour before the check-in time for the general public) from a passenger with a disability who wishes to use his or her own POC or wishes to receive carrier-supplied medical oxygen for use onboard the aircraft. (§ 382.27(b)).
Advance Notice for Other Electronic Respiratory Assistive Devices
With respect to onboard use of a ventilator, respirator, or continuous positive airway pressure (CPAP) machine during a flight, you may require up to 48 hours' advance notice and 1-hour advance check-in (that is, 1 hour before the check-in time for the general public) from a passenger with a disability when the passenger supplies the ventilator, respirator, or CPAP machine. (§ 382.27(b))
Devices
With respect to onboard use of a ventilator, respirator, or continuous positive airway pressure (CPAP) machine during a flight, you may require up to 48 hours' advance notice and 1-hour advance check-in (that is, 1 hour before the check-in time for the general public) from a passenger with a disability when the passenger supplies the ventilator, respirator, or CPAP machine. (§ 382.27(b)).
Advance Notice for Optional Services and Equipment
Although carriers are not required to provide the following services or equipment, if you choose to provide them, you may require up to 48 hours' advance notice (that is, up to 48 hours before the scheduled departure time of the flight) and 1 hour's advance check-in (that is, 1 hour before the check-in time for the general public) for—
• Carriage of an incubator;
• Hook-up for a CPAP machine, POC, respirator, or ventilator to the aircraft's electrical power supply; and
• Accommodation for a passenger who must travel on a stretcher. (§ 382.27(c)(1)-(3)).
If a passenger with a disability provides the appropriate advance notice for a service you are required to provide or choose to provide, you must provide that the service or accommodation. (§ 382.27(d)).
Note:
Since the issuance of the revised Part 382 on May 13, 2008, some carriers have denied passengers the use of POCs onboard the aircraft because the devices did not have a manufacturer's label indicating that the device complies with the standards of RTCA/DO-160 or other applicable Federal Aviation Administration (FAA) or foreign requirements for portable medical electronic devices, even though the POC has been approved by the FAA for onboard use. As stated in its Notice published on October 29, 2009, the Department of Transportation (DOT) strongly encourages carriers to allow passengers to use any FAA-approved POC if the conditions in Special Federal Aviation Regulation No
Federal Aviation Administration (FAA) or foreign requirements for portable medical electronic devices, even though the POC has been approved by the FAA for onboard use. As stated in its Notice published on October 29, 2009, the Department of Transportation (DOT) strongly encourages carriers to allow passengers to use any FAA-approved POC if the conditions in Special Federal Aviation Regulation No. 106 (SFAR 106) for use of portable oxygen concentrator systems onboard aircraft are followed even if the device has not been labeled 8 . Under SFAR 106, the FAA reviews the tests of POCs and determines whether the POCs meet safety requirements for medical portable electronic devices and are safe for use in-flight subject to certain conditions. The FAA specifically lists any POC brands and models that it deems acceptable for use onboard aircraft in SFAR 106. (14 CFR part 121, SFAR 106) (A list of FAA-approved POCs can be found on the FAA's Web site at http://www.faa.gov/about/initiatives/cabin_safety/portable_oxygen/ ).
8 The Use of Passenger-Supplied Electronic Respiratory Assistive Device on Aircraft, October 28, 2009. See http://airconsumer.dot.gov/rules/notice_10_28_09.pdf . The notice also covers other electronic respiratory assistive devices.
Make a Reasonable Effort To Accommodate, Even Without Advance Notice
If a passenger with a disability does not meet the advance notice or check-in requirement described above, you must make a reasonable effort to furnish the requested service or equipment, if making such accommodation would not delay the flight. (§ 382.27(g)).
Example 1:
Mr. Thomas uses a 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 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
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 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?
As a carrier, you may require 48 hours' advance notice and 1-hour advance check-in for transportation of a battery-powered wheelchair on a flight scheduled to be made on an aircraft with fewer than 60 passenger seats. You may require the same advance notice to provide hazardous materials packaging for a battery. However, carrier personnel are required to make reasonable efforts to accommodate a passenger who fails to provide the requisite notice to the extent it would not delay the flight. Therefore, you must make a reasonable effort to accommodate Mr. Thomas.
Mr. Thomas is a frequent traveler on this particular route and he knows that usually it is feasible to load, store, secure, and unload his battery-powered wheelchair and spillable battery in an upright position (§ 382.127(c)) or detach, “box”, and store the spillable battery (§ 382.127(d)) within about 20 to 25 minutes. If this is possible under the existing circumstances, you must accommodate Mr. Thomas, his battery-powered wheelchair, and the spillable battery even though Mr. Thomas did not provide advance notice, because doing so would not delay the flight.
Example 2:
Ms. Webster must travel with medical oxygen and arrives at the airport without providing advance notice of her need for medical oxygen. As a policy, your carrier does not provide medical oxygen on any flights. What should you do?
To begin, you should confirm that your carrier does not provide the optional service
As a matter of customer service, you may direct Ms
lay the flight.
Example 2:
Ms. Webster must travel with medical oxygen and arrives at the airport without providing advance notice of her need for medical oxygen. As a policy, your carrier does not provide medical oxygen on any flights. What should you do?
To begin, you should confirm that your carrier does not provide the optional service
As a matter of customer service, you may direct Ms. Webster to another carrier that provides medical oxygen service in that market. The passenger should be aware, however, that providing medical oxygen involves coordination with the passenger's physician to determine the flow rate and the amount of oxygen needed and arranging for the delivery of the oxygen by the carrier to the point of origin of the passenger's trip. Therefore, normally, it is not possible to accommodate a passenger who needs medical oxygen on a flight unless the advance notice is provided because the accommodation cannot be made without delaying the flight. If the customer cannot be accommodated, you should provide the customer with a written statement stating the specific basis for the refusal to provide transportation within 10 calendar days of the refusal in accordance with section 382.19(d).
If the Aircraft Is Substituted or Changed to Another Carrier, Make an Effort To Accommodate
Even if a passenger with a disability provides advance notice, sometimes weather or mechanical problems require cancellation of the flight or the substitution of another aircraft. Under these circumstances, you must, to the maximum extent feasible, assist in providing the accommodation originally requested by the passenger with a disability even if the new flight is on another carrier. (§ 382.27(f)).
B. Information About the Aircraft
You should be able to provide information about aircraft accessibility to passengers with a disability when they or persons on their behalf request this information. When feasible, you should provide information pertaining to a specific aircraft to be used for a specific flight
nger with a disability even if the new flight is on another carrier. (§ 382.27(f)).
B. Information About the Aircraft
You should be able to provide information about aircraft accessibility to passengers with a disability when they or persons on their behalf request this information. When feasible, you should provide information pertaining to a specific aircraft to be used for a specific flight. In general, you must take into account safety and feasibility when seating passengers with disabilities. (§ 382.41 and Subpart F—Seating Accommodations).
If Requested, You Should Be Able To Provide Information on the Following
• Any limitations concerning the ability of the aircraft to accommodate an individual with a disability. This includes limitations on the availability of level-entry boarding to the aircraft at any airport involved in the flight;
• The location of seats in a row with a movable aisle armrest, if any, by row and seat number and any seats which the carrier may not make available to individuals with a disability (for example, exit rows);
• Any limitation on the availability of storage facilities in the cabin or in the cargo compartment for mobility aids or other assistive devices commonly used by an individual with a disability, including storage in the cabin of a passenger's wheelchair;
• Whether the aircraft has a lavatory accessible to passengers with a disability; and
• The type of services available and unavailable to passengers with a disability. (§ 382.41).
You Are Required To Provide the Following Information
For a passenger with a disability who communicates that he or she uses a wheelchair for boarding, you must provide information on any aircraft-related, service-related, or other accommodation limitation such as a limitation on the availability of level-entry boarding to the aircraft at any airport involved in the flight. The passenger does not have to request this information explicitly. (§ 382.41(c))
a passenger with a disability who communicates that he or she uses a wheelchair for boarding, you must provide information on any aircraft-related, service-related, or other accommodation limitation such as a limitation on the availability of level-entry boarding to the aircraft at any airport involved in the flight. The passenger does not have to request this information explicitly. (§ 382.41(c)).
Accuracy of Information
When an agent acting on your behalf provides inaccurate information to a passenger with a disability concerning a disability-related accommodation, you, the carrier, are responsible for any resulting information-related violation of Part 382.
In addition, if you agree to provide a service not specifically required under Part 382 to accommodate a particular passenger's disability, you are obligated to provide that service or risk being in violation of § 382.41. For example, if you inform a passenger that you will not serve peanuts on the passenger's flights to accommodate his or her peanut allergy then you must ensure peanuts are not served on those flights or be in violation of § 382.41.
Passenger-Supplied Electronic Respiratory Assistive Devices
U.S. carriers (except for on-demand air taxi operators).
You must permit passengers with a disability travelling on aircraft originally designed to have a maximum passenger seating capacity of more than 19 seats to use a continuous positive airway pressure (CPAP) machine, respirator, ventilator, or an FAA-approved POC in the aircraft cabin if the device—
(1) Meets FAA or applicable foreign government requirements and displays a manufacturer's label indicating that the device meets those requirements; and
on aircraft originally designed to have a maximum passenger seating capacity of more than 19 seats to use a continuous positive airway pressure (CPAP) machine, respirator, ventilator, or an FAA-approved POC in the aircraft cabin if the device—
(1) Meets FAA or applicable foreign government requirements and displays a manufacturer's label indicating that the device meets those requirements; and
(2) Can be stowed and used in the aircraft cabin under applicable FAA, PHMSA, and Transportation Security Administration (TSA) regulations. (§ 382.133(a)).
When during the reservation process a passenger with a disability asks you about bringing his or her electronic respiratory assistive device onboard the aircraft, you must tell the passenger about the requirements for carrying the device onboard the aircraft specifically—
(1) Labeling (see Note on labeling in Section A),
(2) Maximum weight and dimension limitations,
(3) Bringing an adequate number of fully charged batteries (packaged and protected from short circuit and physical damage),
(4) Any advance notice and check-in requirements (See Section A),
(5) Medical certificate requirements (POCs), and
(6) The maximum expected duration of the flight. (§ 382.133(c)(1) through (c)(6) and (f)(1)).
You may insist that passengers bring an adequate number of fully charged batteries onboard to power the device for not less than 150 percent of the expected maximum flight duration. (§ 382.133(f)(2)). If the passenger does not comply with the conditions for acceptance of a medical portable electronic device outlined in the regulation, you may deny the passenger boarding. (§ 382.133(f)(3)) If you deny the passenger boarding, you must provide the passenger with a written explanation within 10 calendar days of the refusal of transport as required under § 382.19(d).
Foreign Carriers (Except for Foreign Carriers Conducting Operations Equivalent to U.S
r acceptance of a medical portable electronic device outlined in the regulation, you may deny the passenger boarding. (§ 382.133(f)(3)) If you deny the passenger boarding, you must provide the passenger with a written explanation within 10 calendar days of the refusal of transport as required under § 382.19(d).
Foreign Carriers (Except for Foreign Carriers Conducting Operations Equivalent to U.S. On-Demand Air Taxi Operators)
You must permit passengers with a disability traveling on aircraft originally designed to have a maximum passenger seating capacity of more than 19 seats to use a CPAP machine, respirator, ventilator, or a POC of a kind equivalent to an FAA-approved POC for U.S. carriers in the aircraft cabin during flights to, from, or within the United States if the device—
(1) Meets requirements for medical portable electronic devices set by the foreign carrier's government and displays a manufacturer's label indicating that the device meets those requirements or, if there is no applicable foreign government provision, the device meets requirements for medical portable electronic devices set by the FAA for U.S. carriers and displays a manufacturer's label that the device meets FAA requirements and
(2) Can be stowed and used in the aircraft cabin under applicable FAA, PHMSA, and TSA regulations, and the
When during the reservation process a passenger with a disability asks you about bringing his or her CPAP machine, respirator, ventilator, or a POC of a kind equivalent to an FAA-approved POC for U.S. carriers onboard the aircraft, you must tell the passenger about the foreign carrier's government requirements or FAA requirements, if applicable, for carrying the device onboard the aircraft specifically—
(1) Labeling (see Note on labeling in Section A),
(2) Maximum weight and dimension limitations,
(3) Bringing an adequate number of fully charged batteries (packaged in accordance with applicable government safety regulations),
tell the passenger about the foreign carrier's government requirements or FAA requirements, if applicable, for carrying the device onboard the aircraft specifically—
(1) Labeling (see Note on labeling in Section A),
(2) Maximum weight and dimension limitations,
(3) Bringing an adequate number of fully charged batteries (packaged in accordance with applicable government safety regulations),
(4) Any advance notice and check-in requirements (See Section A),
(5) Medical certificate requirements (POCs), and
(6) The maximum expected duration of the flight. (§ 382.133(d)(1) through (d)(7) and (f)(1)).
You may insist that passengers bring an adequate number of fully charged batteries onboard to power the device for not less than 150 percent of the expected maximum flight duration. (§ 382.133(f)(2)). If the passenger does not comply with the conditions for acceptance of a medical portable electronic device outlined in the regulation, you may deny the passenger boarding. (§ 382.133(f)(3)). If you deny the passenger boarding, you must provide the passenger with a written explanation within 10 calendar days of the refusal of transport as required under § 382.19(d).
Medical Certificate Requirements
While you may require a medical certificate from an individual who wishes to use a POC or carrier supplied oxygen during flight, it normally would not be appropriate for you to ask for such a certificate from someone wishing to use a CPAP machine, respirator, or ventilator aboard a flight. Consistent with § 382.23, a medical certificate should be required of an individual who uses a CPAP machine, respirator, or ventilator only if the individual's medical condition is such that there is reasonable doubt that the individual can complete the flight safely, without requiring extraordinary medical assistance during the flight. See Section G., Medical Certificates
tilator aboard a flight. Consistent with § 382.23, a medical certificate should be required of an individual who uses a CPAP machine, respirator, or ventilator only if the individual's medical condition is such that there is reasonable doubt that the individual can complete the flight safely, without requiring extraordinary medical assistance during the flight. See Section G., Medical Certificates.
Batteries
The appropriate number of batteries should be calculated using the manufacturer's estimate of the hours of battery life while the device is in use and as specified in the passenger's medical certificate (for example, flow rate for POCs). The expected maximum flight duration is defined as the carrier's best estimate of the total duration of the flight from departure gate to arrival gate, including taxi time to and from the terminals, based on the scheduled flight time and factors such as wind and other weather conditions forecast; anticipated air traffic delays; one instrument approach and possible missed approach at the destination airport; and any other conditions that may delay arrival of the aircraft at the destination. (§§ 382.3 and 382.133(f)).
You may deny boarding, on the basis of safety, to a passenger with a disability who does not carry the number of fully charged batteries prescribed in the rule or to a passenger with a disability who does not properly package the extra batteries needed to power his/her device. Information for passengers on how to travel safely with batteries is available at http://safetravel.dot.gov . However, you may not deny boarding due to an inadequate number of batteries unless you can provide information from a reliable source demonstrating that the number of batteries that the passenger has supplied will not provide adequate power for 150 percent of the expected maximum flight duration based on the battery life indicated in the manufacturer's specification when the device is operating at the flow rate specified in the medical certificate
uate number of batteries unless you can provide information from a reliable source demonstrating that the number of batteries that the passenger has supplied will not provide adequate power for 150 percent of the expected maximum flight duration based on the battery life indicated in the manufacturer's specification when the devi

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2012-15233. Check the current official text before relying on it. Not legal advice.