Nondiscrimination on the Basis of Disability in Air Travel, 20640-20671 [05-7544]

Agencies

• Office of the Secretary
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Proposed Rules]
[Pages 20640-20671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7544]



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Part II





Department of Transportation





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Office of the Secretary



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14 CFR Part 382



Nondiscrimination on the Basis of Disability in Air Travel; Proposed 
Rule

Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / 
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. OST-2005-20952]


Nondiscrimination on the Basis of Disability in Air Travel

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

ACTION: Request for Comments; Draft Technical Assistance Manual.

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SUMMARY: 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. Several years after the 
enactment of AIR-21, DOT received funding to develop the Technical 
Assistance Manual (TAM). This TAM responds to a Congressional mandate 
and incorporates input from stakeholders. The 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 on or before 30 days from the date of 
publication in the Federal Register. The Department will consider late-
filed comments only to the extent practicable.

ADDRESSES: Please include the docket number of this document in all 
comments submitted to the docket. Written comments should be sent to 
Docket Clerk, Department of Transportation, 400 7th Street, SW., Room 
PL-401, Washington, DC 20590. For confirmation of the receipt of 
written comments, commenters may include a stamped, self-addressed 
postcard. The Docket Clerk will date-stamp the postcard and mail it 
back to the commenter. Comments will be available for inspection at 
this address from 10 a.m. to 5:30 p.m., Monday through Friday. Comments 
can also be reviewed through the Dockets Management System (DMS) pages 
of the Department's Web site (https://dms.dot.gov). Commenters may also 
submit comments electronically. Instructions appear on the DMS Web 
site.

FOR FURTHER INFORMATION CONTACT: Mike Spollen or Omar Guerrero, Office 
of the Assistant General Counsel for Aviation Enforcement and 
Proceedings, 400 7th Street, SW., Room 4116, Washington, DC 20590. 
Phone: (202) 366-9349; TTY: 1-800-455-9880; Fax: (202) 366-7152. E-
mail: mike.spollen@dot.gov or omar.guerrero@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    On April 5, 2000, the Wendell H. Ford Aviation Investment and 
Reform Act for the 21st Century (AIR-21) amended the Air Carrier Access 
Act (ACAA) and required, among other things, that DOT provide a 
technical assistance manual to air carriers and individuals with 
disabilities concerning their rights and responsibilities under the 
ACAA and 14 CFR part 382 (Part 382). See 49 U.S.C. 41705(c). Responding 
to this legislative mandate, in September 2003, DOT awarded a contract 
to the Key Bridge Foundation (KBF) to create a TAM and model training 
program (MTP) relating to air travel by passengers with disabilities.
    In addition, AIR-21 extended the ACAA to cover foreign air 
carriers. Although a final rule modifying Part 382 to cover foreign air 
carriers has not yet been issued, a notice of proposed rulemaking 
(NPRM) proposing to extend the provisions of Part 382 to foreign 
carriers, among other revisions to Part 382, was published on November 
4, 2004. 69 FR 64364. The public comment period on the NPRM closed on 
March 4, 2005. 70 FR 4058. The NPRM proposing to modify Part 382 to 
cover foreign air carriers is a separate rulemaking and completely 
distinct from the publication of this TAM. If the NPRM proposals are 
adopted, however, it will necessitate significant revisions to the TAM, 
which is based on the current rule.
    In addition to the NPRM revising Part 382 and extending it to cover 
foreign air carriers, the Department is also currently working on two 
separate NPRMs which address possible additional accommodations for: 
(1) Passengers who are deaf, hard of hearing and deaf-blind; and (2) 
passengers who require inflight medical oxygen. Any final rules 
resulting from these two NPRMs will also necessitate changes to the 
TAM.

Purpose of the Technical Assistance Manual

    The TAM is designed to serve as an authoritative source of 
information about the services, facilities, and accommodations required 
by the ACAA and the provisions of Part 382. The manual does not expand 
air carriers' legal obligations or establish new requirements under the 
law. The primary purpose of the manual is to provide guidance to air 
carriers' employees and contractors who provide services, facilities, 
and accommodations to passengers with disabilities. The manual should 
give air carriers a better understanding of their responsibilities 
under the law and a greater awareness about the perspective of an air 
traveler with a disability, particularly through Chapter 7 titled 
``Interacting with People with Disabilities''. This manual is also 
designed to provide air travelers with disabilities useful information 
about their rights under the ACAA and Part 382.

Development of the Technical Assistance Manual

    In connection with the development of the TAM, DOT and KBF 
consulted and held meetings with representatives from the disability 
community, air carriers, and contractors providing disability-related 
services to air carriers. Prior to this publication of the TAM in the 
Federal Register, a preliminary draft was shared with these 
stakeholders for their initial review and comment. In early November 
2004, KBF posted a draft of the TAM on its Web page at https://
www.airtravelrights.info and solicited written comments on the draft 
from a wide range of stakeholders. Those written comments have been 
thoroughly considered by DOT and incorporated where appropriate.
    The TAM is a guidance document which contains an overview of part 
382 and provides examples of how the law applies to different factual 
scenarios. The manual follows the chronological path of an air traveler 
with a disability from making a reservation through the completion of 
the trip. The manual also addresses the complaint resolution process, 
should an air traveler with a disability decide to make a disability-
related complaint. In addition, the TAM contains a separate chapter on 
sensitivity and awareness issues when interacting with people with 
disabilities. This final chapter of the TAM contains general tips and 
also tips for communicating and interacting with individuals with 
specific types of disabilities.\1\ Finally, the TAM contains six 
appendices providing additional information and, in some cases, 
resources for specific audiences. Organizing the information in this 
sequential manner makes it easier for

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employees and contractors of air carriers--as well as air travelers 
with disabilities--to find the information most relevant and useful to 
them.
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    \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.
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Discussion of Stakeholders' Comments

    DOT received comments from a broad range of stakeholders such as 
air carriers, industry-related associations, and disability community 
organizations. Specifically, DOT received comments from (i) one group 
made up of four trade associations for air carriers (Air Transport 
Association of America (ATA), Regional Airline Association (RAA), 
National Air Carrier Association (NACA), and Air Carrier Association of 
America (ACA)); (ii) five air carriers (JetBlue Airways, MN Airlines, 
LLC d/b/a Sun Country Airlines, Continental Airlines, SkyWest Airlines, 
and Delta Air Lines); (iii) six disability community organizations 
(Association of Blind Citizens, Paralyzed Veterans of America, Self 
Help for Hard of Hearing People, National Association of the Deaf, 
United Spinal Association, and International Association of Assistance 
Dog Partners); (iv) two members of the public; and (v) the Access 
Board. DOT read and considered each comment fully. Indeed, DOT has 
accommodated almost all of the stakeholders' comments. Below is a 
summary of the comments DOT received on the overall document and the 
reasons that DOT decided to accommodate or not to accommodate those 
comments.

1. General Comments

    DOT received general comments on the TAM conveying: (i) An overall 
positive impression of the TAM with requests for additional and 
different examples; (ii) some confusion about the difference between 
the NPRM on foreign air carriers issued in November 2004 and this TAM; 
(iii) questions about the organization of the information in the TAM 
and concern that there may be some redundancy; and (iv) a 
recommendation for standard training in connection with the TAM.
    Most of the commenters seemed to find the document to be of high-
quality and the issues to be thoroughly presented. In particular, a 
number of stakeholders remarked on the usefulness of the examples 
throughout the TAM where specific provisions of part 382 are applied to 
factual scenarios, the frequently asked questions and answers section 
of the TAM as well as the sensitivity and awareness components of the 
TAM. With respect to the examples, a few stakeholders suggested 
additional examples and sought a change to the facts contained in 
certain existing examples.
    Several stakeholders noted some redundancy within the TAM, i.e., 
certain subjects are addressed in more than one section of the manual. 
Moreover, one disability community organization representative 
suggested addressing this issue by coding certain sections of the TAM 
to reflect which type of carrier personnel should be knowledgeable 
about a particular section.
    Many stakeholders sought some modification of the provisions of 
part 382 itself. Moreover, the air carrier associations and several 
carriers expressed concern that publication of the TAM at this time 
would be premature and suggested delaying its publication pending the 
conclusion of the NPRM proposing to extend coverage of part 382 to 
foreign carriers. They also sought assurances from DOT that the TAM 
would not expand air carriers' legal obligations under part 382, the 
TAM's use would not be mandatory, and DOT would not pursue enforcement 
action against any carrier determined to be out of compliance with part 
382 in connection with its cooperation in the development of the TAM. 
Finally, two commenters expressed the need for a standard, basic 
training session for part 382 to be used by all air carriers.
    DOT Response: Generally, DOT does not believe that it would be 
advantageous to add new examples or change the facts contained in the 
existing examples as each example addresses a specific issue that DOT's 
Office of the Assistant General Counsel for Aviation Enforcement and 
Proceedings (Enforcement Office), the office responsible for ensuring 
that the regulated airlines comply with the ACAA and part 382, has 
determined to be a priority. Also, the examples, as written, are 
straightforward and brief. DOT does recognize that the TAM does not 
cover all circumstances that occur with air travelers with 
disabilities. However, rather than adding new examples, DOT has 
incorporated additional frequently asked questions and answers in 
Appendix III.
    With regard to comments concerning redundancy in the TAM, DOT 
recognizes that following the path of a trip requires raising a 
particular topic more than once, e.g., service animals come up in the 
advance notice section as well as later in the section about seating 
assignments and accommodations. The same subject may appear in 
different sections, but each subject is discussed in the context of the 
particular stage of the trip. Each section of the TAM is designed to 
``stand alone'' (e.g., a carrier employee may only need to read the 
sections covering his or her specific job functions) and contains cross 
references to other sections, when necessary. Finally, DOT notes that 
it decided not to use a coding system approach and opted for the 
present chronological layout because it permits the reader easy access 
to relevant sections and subject areas upon which he or she may 
specifically wish to focus. The Alphabetical Index and part 382 Index 
should also be helpful to the reader.
    DOT appreciates the reason that various stakeholders recommended 
that the publication of the TAM be delayed until the rulemaking 
regarding part 382 has been completed. However, there has already been 
too lengthy a delay in the publication of this TAM. Congress required 
DOT to provide a technical assistance manual to air carriers and 
individuals with disabilities in April 2000, and it is likely that the 
rulemaking regarding part 382 will not be finalized until 2006. 
Therefore, DOT opts not to delay completion of the TAM. The TAM will be 
revised, as needed, after the rulemaking is completed.
    With respect to concerns expressed by stakeholders about situations 
where DOT becomes aware that a carrier is not in compliance with the 
ACAA and part 382 through its cooperation in the development of the 
TAM, DOT restates the position set forth in a December 16, 2003, letter 
to ATA, RAA, NACA, and ACA that it will consider enforcement action, 
``only if a carrier, after being given notice and a chance to comply, 
does not come into compliance with the ACAA and part 382.''
    For those stakeholders recommending a standard training course in 
connection with the TAM, DOT is pleased to announce that it is 
currently working with KBF to develop a model training program (MTP) 
using the TAM as a training tool and promoting it as a resource on the 
job for employees and contractors of air carriers. The MTP will 
integrate ``best practices'' from part 382 training models currently 
used by air carriers. In addition, the MTP will incorporate techniques 
to supplement air carriers' part 382 training models. The MTP will also 
use the TAM as a framework, including the appendices, and emphasize the 
value of the manual as a practical guide for both employees and 
contractors of air carriers as well as for air travelers with 
disabilities.

2. Chapter 1: Understanding How To Use This Manual

    Several commenters suggested revising the definition of ``assistive 
device.'' For example, one carrier sought a ``reasonableness'' 
standard, especially where limited storage space is available

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for assistive devices. One disability organization suggested adding 
examples of devices to the definition of assistive device. Another 
carrier sought to streamline the definition of ``service animal'' to 
conform to the explanation of service animals later in the TAM. This 
carrier also suggested adding a definition for ``emotional support 
animal.''
    DOT Response: Although DOT has clarified the definition of an 
assistive device, it handles inquiries about what type of device or 
equipment constitutes an assistive device on a case-by-case basis. Any 
piece of equipment that assists a passenger with a disability in 
carrying out a major life activity qualifies as an assistive device. 
DOT does explain in the TAM that an assistive device may include 
medical devices, medications, and bags or cases used to carry them. DOT 
has also streamlined the language regarding service animals in the TAM 
to ensure that the definition of a service animal as used throughout 
the TAM is consistent with the definition of a service animal provided 
in Appendix VI titled ``DOT Guidance Concerning Service Animals in Air 
Transportation'' published on May 9, 2003. It is important to keep in 
mind that, while the TAM is the appropriate vehicle under which to 
clarify or explain existing definitions, it would not be appropriate 
for DOT to change an existing definition set forth in part 382 through 
the TAM. Revisions to existing definitions can only be done through a 
rulemaking process such as the NPRM proposing to extend part 382 to 
foreign carriers.

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

    Several commenters sought to add or modify specific language, e.g., 
removal of the phrase ``or disease'' from the discussion of 
``substantial limitation,'' the substitution of the term ``psychiatric 
illness'' for ``mental illness,'' and what constitutes ``timely'' 
enplaning and deplaning assistance. In addition, several carriers 
expressed concern that the TAM implies that carriers are required to 
accommodate more than one wheelchair in the cabin of the aircraft.
    One carrier also expressed concern that the statement about 
allowing a service animal to sit in close proximity to its user, as 
written, could be interpreted to mean that the service animal can sit 
anywhere close to its user. This carrier indicated that the passenger 
should be aware that the service animal must ``sit'' and not ``stand'' 
during the flight.
    DOT Response: DOT respectfully declines to modify the cited phrases 
and refers commenters to the preamble of the originally issued part 382 
regulation dated March 6, 1990, for a detailed discussion on a number 
of issues and clarification of certain definitions. 55 FR 8027. In 
addition, such definitional or language modifications would be more 
appropriate for consideration in a rulemaking process.
    DOT has modified the language in the TAM regarding stowage of 
passengers' wheelchairs in the cabin of the aircraft because part 382 
may require that more than one passenger's wheelchair be stowed in the 
cabin. Specifically, Sec.  382.21(a)(2) requires that aircraft of a 
certain size and age have a space to stow at least one passenger's 
folding wheelchair in the cabin. In addition, Sec.  382.41(e)(1) 
requires carriers to permit passengers to stow wheelchairs or parts of 
wheelchairs in the overhead bin or under seats, consistent with FAA 
safety regulations. Finally, Sec.  382.41(e)(2) provides that if a 
closet or other approved stowage area is provided in the cabin for 
carry-on items and if that space would accommodate a wheelchair, then 
the carrier must designate priority stowage space for at least one 
passenger's folding wheelchair. Therefore, when these sections are read 
together, a carrier could be required to accommodate more than one 
wheelchair in the cabin.
    With respect to the seating of a passenger accompanied by a service 
animal, DOT disagrees with the commenter and interprets the regulation 
to permit service animals to occupy space within close proximity of the 
passenger. Moreover, DOT disagrees that there is an outright 
prohibition on service animals standing. Whether a service animal must 
sit depends on the size of the service animal and where it is located. 
DOT refers the commenter to Appendix VI titled ``DOT Guidance 
Concerning Service Animals in Air Transportation'' and the FAA Flight 
Standards Information Bulletin for Air Transportation titled ``Location 
and Placement of Service Animals on Aircraft Engaged in Public Air 
Transportation.'' FAA FSAT 04-01A.

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

    One disability organization requested that the word ``required'' 
rather than ``allowed'' be used by DOT when addressing situations where 
carriers may ask passengers for medical certificates (i.e., when are 
medical certificates required rather than when are medical certificates 
allowed). Moreover, this disability organization suggested changing the 
example to indicate that a CRO ``should'' consult with medical 
personnel rather than stating that the CRO ``would likely'' consult 
with medical personnel to make the determination as to whether a 
medical certificate would be required of the passenger.
    One carrier suggested adding information about battery types and 
requirements under 49 CFR 173.159(d) and other applicable FAA safety 
regulations when discussing mobility aids and assistive devices. 
Additionally, this carrier suggested adding language stating that a 
service animal is not permitted to occupy an empty passenger seat, that 
service animals should remain in their owners' immediate control, that 
service animals should not be permitted to eat or drink from a 
passenger's tray table, and that owners should carry a leash for their 
service animals.
    DOT Response: DOT views the word ``allowed'' as appropriate when 
referring to situations where carriers may ask passengers for medical 
certificates since carriers are not required to ask passengers for 
medical certificates but are allowed to do so under certain 
circumstances (e.g., passenger needs medical oxygen during the flight). 
In addition, in the example provided, DOT believes it would be 
appropriate to keep the wording as is and have the example in the TAM 
state that a CRO ``would likely'' consult with medical personnel to 
make the determination as to whether a medical certificate would be 
required of the passenger. By doing so, it allows carriers greater 
discretion and avoids a one-size-fits-all approach in determining when 
medical advice is necessary.
    With regard to the request to add information about FAA safety 
regulations when discussing mobility aids in this chapter, DOT declines 
to do so because a detailed discussion on battery-powered wheelchairs 
has been provided in a subsequent chapter of the TAM. With respect to 
the comments about service animals, DOT refers the commenter to 
Appendix VI titled ``DOT Guidance Concerning Service Animals in Air 
Transportation'' published in May 2003.

5. Chapter 4: Assisting Air Travelers With Disabilities at the Airport

    One carrier sought clarification as to whether a passenger who has 
already paid for the flight and volunteers to serve as an attendant 
receives a refund from the carrier for serving as the attendant. In 
addition, a disability organization suggested identifying the specific 
areas within the terminal (e.g., ticket counters and baggage claims) 
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are covered by the Standards for Accessible Design under the Americans 
with Disabilities Act (ADA) and those areas that are not, but are 
covered under Title III of the ADA (e.g., shops and restaurants). With 
regard to making flight connections, this disability organization also 
suggested that passengers should be permitted to use their own 
wheelchairs or assistive devices when making connections as long as it 
would not delay the connecting flight. The concern seemed to be that 
``automatic'' use of a ground wheelchair limits the independence of the 
passenger and the ability of the passenger to access a restroom in the 
terminal when making flight connections.
    DOT Response: In situations where the carrier determines that it is 
necessary for a passenger with a disability to travel with an 
attendant, contrary to that passenger's self-assessment that he or she 
is capable of traveling independently, the carrier could find a carrier 
employee available to serve as an attendant or ask for volunteers among 
the passengers already ticketed. DOT interprets Sec.  382.35(c) as 
requiring a carrier to provide a passenger (already ticketed for travel 
on the flight) who volunteers to serve as an attendant a refund for the 
price of his or her ticket so long as the volunteer is serving as an 
attendant for a person whom the airline determines must travel with an 
attendant despite that person's self-assessment.
    As for the request that DOT list all of the areas within the 
terminal that are covered by the ADA, DOT declines to do so because 
such a list would be too limiting since all terminal facilities and 
services owned, leased, or operated by a carrier at a commercial 
service airport (including parking and ground transportation) must 
comply with the Standards for Accessible Design under the ADA. DOT has 
incorporated the suggestion that it include language in the TAM stating 
that with regard to making flight connections, passengers should be 
permitted to use their own wheelchairs or assistive devices to the 
extent practicable. Section 382.41(f) requires carriers to provide for 
the timely return of passengers' wheelchairs and other assistive 
devices as close as possible to the door of the aircraft so that 
passengers may use their own equipment to the extent practicable.

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

    One carrier asked whether individuals with prosthetic devices are 
qualified to occupy the aircraft emergency exit row seating. A 
disability organization appears to seek a revision to the law by asking 
about the feasibility of moveable armrests where tray tables and video 
entertainment systems are installed, suggesting a requirement that 
allows the bulkhead seats not used by a passenger accompanied by a 
service animal or a passenger with a fused or immobilized leg to be 
reserved for use by other passengers with disabilities, and 
recommending that the requirement that carriers train employees ``to 
proficiency'' be defined further to render it a meaningful standard.
    DOT Response: With regard to the question as to whether individuals 
with prosthetic devices are qualified to occupy the aircraft emergency 
exit row seating, the FAA exit row seating requirements in 14 CFR 
121.585 explain, among other things, that a carrier may not seat a 
person in an exit row seat if the person lacks sufficient mobility, 
strength, or dexterity in both arms and hands, and both legs to perform 
a number of tasks such as pushing, shoving, pulling or otherwise 
opening emergency exits. DOT would advise the commenter to review the 
FAA exit row seating requirements and ask for clarification if needed 
from the FAA about the type of individuals that may not qualify to 
occupy the aircraft emergency exit row seat. The FAA, as the entity 
within DOT that is responsible for issuing rules pertaining to aviation 
safety, has the authority to interpret 14 CFR 121.585. In instances 
where DOT's Enforcement Office receives a complaint of discrimination 
against a carrier for not allowing a passenger with a disability to sit 
on an exit row seat, the office generally reviews the FAA exit row 
seating requirements, confers with the FAA as needed, and makes a 
determination on a case-by-case basis as to whether the carrier 
violated the ACAA and Part 382 by denying a passenger with a disability 
the opportunity to sit in an exit row seat.
    DOT has not adopted any of the comments seeking revisions to 
various sections of Part 382 as the TAM is a guidance document and is 
not the appropriate vehicle under which to change, expand, or reduce 
air carriers' legal obligations under Part 382.

7. Chapter 7: Interacting With People With Disabilities

    Two disability organizations expressed concern about incidents in 
which ``meet and greet'' staff have left passengers with disabilities 
unattended, particularly deaf-blind passengers. The comments appear to 
seek further clarification of the connecting assistance requirement 
under Part 382.
    DOT Response: DOT has added language in the TAM to explain that 
Sec.  382.39(a)(3) states that carriers must not leave a passenger with 
a disability unattended in a ground wheelchair, boarding wheelchair, or 
other device in which the passenger is not independently mobile for 
more than 30 minutes. See Chapter 4, Section C. In addition, to 
encourage carriers to provide appropriate guidance to deaf-blind 
passengers, DOT has added language to Chapter 7 addressing this issue. 
Otherwise, presently, Part 382 contains no requirement that carriers 
not leave passengers with disabilities unattended when providing 
connecting assistance, including deaf-blind passengers. Accordingly, it 
would not be appropriate for DOT to expand Part 382 to require carriers 
not to leave deaf-blind passengers unattended through the TAM because 
the TAM is a guidance document and is not the appropriate vehicle under 
which to change, expand, or reduce air carriers' legal obligations 
under Part 382.

8. Appendix III: Frequently Asked Questions

    Several disability organizations suggested additional topics for 
frequently asked questions. For example, one disability organization 
requested that a carrier's responsibility to passengers with 
disabilities traveling in a group be better defined. For example, it 
posed the scenario in which some passengers with disabilities traveling 
in a group are forced to travel on a different flight because the 
aircraft they were intending to fly on could not accommodate all of the 
assistive devices of the entire group.
    DOT Response: DOT appreciates the suggestions for additional 
frequently asked questions and has considered each suggested question. 
Although DOT has increased the number of frequently asked questions in 
the TAM based on comments received, it believes that adding all of them 
would not assist in further clarifying the information in the TAM. With 
respect to the comment about the group of air travelers with 
disabilities traveling together, DOT refers the commenter to Sec.  
382.33(b)(7) which explains that a carrier may require up to 48 hours 
advance notice when a group of ten or more qualified individuals with 
disabilities make reservations and travel as a group to provide the 
carrier sufficient time to make the required accommodations. This 
requirement is also addressed in Chapter 3 of the TAM.


[[Page 20644]]


    Issued this 7th day of April, 2005, 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 the Air Carrier Access Act (ACAA) and Its Implementing 
Regulations, 14 CFR Part 382 (Part 382)

Table of Contents

Chapter 1: Understanding How To Use This Manual
    A. Introduction
    B. Background
    C. Keyword Definitions
Chapter 2: Learning the Basics About the Law Protecting Air 
Travelers With Disabilities
Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip
    A. Advance Notice
    B. Information About the Aircraft
    C. Mobility Aids and Assistive Devices
    D. Service Animals
    E. Accommodations for Air Travelers Who Are Deaf, Hard of 
Hearing, or Deaf-Blind
    F. Communicable Diseases
    G. Medical Certificates: When Are They Allowed?
    H. Your Obligation To Provide Services and Equipment
    I. Attendants
Chapter 4: Assisting Air Travelers With Disabilities At the Airport
    A. Accessibility of Terminal Facilities and Services
    B. Security Screenings for Air Travelers With a Disability
    C. Air Travelers With a Disability Changing Planes
    D. Accommodations for Air Travelers Who Are Deaf, Hard of 
Hearing, or Deaf-Blind
    E. Attendants
Chapter 5: Assisting Air Travelers With Disabilities Boarding, 
Deplaning, and During the Flight
    A. Aircraft Accessibility
    B. Seating Assignments and Accommodations
    C. Boarding and Deplaning Assistance
    D. Stowing and Treatment of Personal Equipment
    E. Services in the Cabin
    F. Safety Briefings
Chapter 6: Assisting Air Travelers With Disabilities With Their 
Complaints
    A. Complaint Procedures and Complaints Resolution Officials 
(CRO's)
    B. Process To Resolve Complaints
    C. General Complaint Resolution Tips
    D. Recording, Categorizing, and Reporting Written Disability-
Related Complaints Received By Carriers
Chapter 7: Interacting With People With Disabilities
Indices
    [Alphabetical Index]
    [Part 382 Index]
Appendices
    I. Tips for Air Travelers With Disabilities
    II. Airline Management-Related Issues
    III. Frequently Asked Questions
    IV. Recent DOT Enforcement Orders Related to the ACAA
    V. 14 CFR Part 382
    VI. DOT Guidance Concerning Service Animals in Air 
Transportation

Chapter 1: Understanding How To Use This Manual

A. Introduction
B. Background
C. Keyword Definitions

A. Introduction

Purpose of the Manual

    This manual is a guide to the Air Carrier Access Act (ACAA) and its 
implementing regulations, 14 CFR part 382 (part 382). It is designed to 
serve as a brief but authoritative source of information about the 
services, facilities, and accommodations required by the ACAA and the 
provisions of part 382. The primary purpose of the manual is to help 
you, employees/contractors of air carriers and employees/contractors of 
indirect air carriers that provide services or facilities to passengers 
with disabilities, to assist those passengers in accordance with the 
law. Knowing your legal responsibilities will help ensure consistent 
compliance with the law and protect the civil rights of air travelers 
with disabilities when providing services, facilities, and 
accommodations to them.
    Throughout the manual, rather than talking about air carriers' or 
indirect air carriers' employees/contractors such as yourself in the 
third person, the word ``you'' is used. In most instances, the word 
``you'' refers to personnel who deal directly with the traveling 
public. Moreover, the obligations and responsibilities under the law as 
set forth in the manual must be read within the context of each 
specific employee's duties on the job.
    A second purpose of this manual is to offer air travelers with 
disabilities information about their rights under the ACAA and the 
provisions of part 382. Accordingly, in addition to the other useful 
information in this manual, Appendix I contains a list of ``Tips for 
Air Travelers with Disabilities'' to help ensure a smooth and 
comfortable trip. In addition, Appendix III provides a list of 
``Frequently Asked Questions'' and answers and Appendix IV contains a 
list of ``Recent DOT Enforcement Orders Related to the ACAA.'' These 
DOT enforcement orders are useful because they provide examples in 
which DOT has interpreted some of the provisions of the ACAA and part 
382 under particular circumstances.

B. Background

U.S. Air Carriers

    In 1986, Congress passed the ACAA, which prohibits discrimination 
by U.S. air carriers against qualified individuals with disabilities. 
49 U.S.C. 41705. In 1990, the Department of Transportation (DOT) issued 
Part 382, the regulations defining the rights of passengers with 
disabilities and the obligations of U.S. air carriers under the ACAA. 
Since then, these regulations have been amended a number of times. DOT 
has also issued guidance to air carriers on the ACAA and Part 382 in a 
variety of ways: preambles to regulatory amendments, industry letters, 
correspondence with individual carriers or complainants, enforcement 
actions, website postings, and informal conversations with the public 
and air carriers.

Foreign Air Carriers

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

Development of Technical Assistance Manual

    In 2000, Congress required DOT to create a technical assistance 
manual to provide guidance to individuals and entities with rights or 
responsibilities under the ACAA. This manual responds to that mandate. 
In creating this manual, DOT held meetings with representatives

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

ACCESS

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

How To Use This Manual

    This manual is structured in the same sequence as the steps a 
passenger would encounter on a trip, i.e., requirements concerning
     Planning a flight,
     The airport experience,
     Enplaning, deplaning, and making connections,
     Services during a flight, and
     Responding to disability-related complaints.
    This manual contains the following tools to assist you in quickly 
and easily finding the answer to your questions:
     A Table of Contents at the beginning of the manual;
     An Alphabetical Index at the back of the manual; and
     A part 382 Index listing the citations to part 382 at the 
back of the manual.
    Also, the following appendices appear at the end of the manual:
     Appendix I: ``Tips for Air Travelers with Disabilities'' 
as they relate to the most commonly-used accommodations, facilities, 
and services that carriers are required to make available to such 
passengers;
     Appendix II: A list of concerns applicable mainly to air 
carrier management, as opposed to frontline customer service personnel;
     Appendix III: A list of ``Frequently Asked Questions'' and 
answers;
     Appendix IV: A list of ``Recent DOT Enforcement Orders 
Related to the ACAA'';
     Appendix V: The full text of Part 382; and
     Appendix VI: The DOT document ``Guidance Concerning 
Service Animals in Air Transportation.''

Themes of This Manual

Legal Requirements and Customer Service
    This manual highlights the difference between actions you must take 
according to the law as stated in part 382 and actions that you may 
choose to take in an effort to provide superior customer service to 
passengers with disabilities. Legal requirements are generally 
designated by the words, ``must'' or ``shall'' in the manual. Words 
such as ``should'' or ``may'' indicate accommodations that part 382 
does not require but that DOT recommends and that you may decide to 
provide as a matter of good customer service.
Safety
    Where applicable, this manual discusses how to properly and 
lawfully consider aircraft and passenger safety when providing 
transportation to passengers with disabilities. Part 382 does not 
require or authorize you to disregard FAA safety regulations. Where 
different treatment of passengers with disabilities or other 
restrictions are mandated by an FAA safety regulation, part 382 allows 
you to comply with the FAA safety regulation. For example, if an FAA 
safety rule provides that only persons who can perform certain 
functions can sit in an exit row, then you can request that an 
individual unable to perform those functions (regardless of whether 
that individual has a disability) sit in another row. If the passenger 
refuses, you can properly deny transportation to such passengers.
    However, where an optional carrier action that is not required by 
FAA rules would result in different treatment of passengers with 
disabilities, or in other restrictions, then the ACAA and the 
provisions of part 382 prohibit you from implementing the optional 
carrier action even if it might ensure safety. For instance, suppose 
ABC Airways required only passengers with disabilities-- not all 
passengers--to provide correct answers to a quiz about the content of a 
safety briefing and a passenger with a disability either refused to 
respond or failed such a quiz. It would not be appropriate to deny 
transportation to a passenger with a disability on such grounds unless 
the carrier's policies and procedures consistently treated all 
passengers in a similar manner.
    In short, part 382 is consistent with FAA safety requirements as it 
allows you to follow FAA safety rules and to ensure that the safe 
completion of the flight or the health and safety of other passengers 
are not jeopardized. Determinations about whether an FAA rule requires 
different treatment of a passenger with a disability for safety reasons 
often depend on the circumstances you encounter. Therefore, it is 
important that you seek information from passengers with disabilities 
and their traveling companions and make a reasonable judgment 
considering all available information.
    The FAA safety mandates can be found in the Code of Federal 
Regulations (14 CFR parts 60 through 139), FAA guidance interpreting 
these regulations, and Airworthiness Directives (see https://
www.faa.gov, click on ``Aircraft Guidance'' and then click on 
``Airworthiness Directives'').
Security
    This manual addresses security procedures, particularly those 
enacted after the terrorist hijackings and tragic events of September 
11, 2001, which affect or may affect the types of accommodations and 
services provided to passengers with disabilities. Similar to the 
situation involving FAA safety requirements, part 382 is consistent 
with security requirements mandated by the Transportation Security 
Administration (TSA). For example, TSA has strict rules as to which 
persons can go beyond the screener checkpoints, but these TSA rules are 
consistent with part 382 and do not invalidate your obligation to 
provide enplaning and deplaning assistance requested by passengers with 
disabilities, including assistance beyond screener checkpoints. You do 
have discretion in how that assistance is provided. You can provide (i) 
a ``pass'' allowing an individual who needs to assist a passenger with 
a disability to go through the screener checkpoint without a ticket; 
(ii) assistance directly to the passenger; or (iii) both.
Contractors
    This manual recognizes the important role that contractors play in 
providing services, equipment, and other accommodations to passengers 
with disabilities. A contractor is an entity that has a business 
arrangement with an air carrier to perform functions that the ACAA and 
part 382 would otherwise require the air carrier to perform with its 
own employees. Contractors provide a variety of services on behalf of 
air carriers in furnishing assistance to persons with disabilities. For 
example, contractors often provide wheelchair service, assist 
passengers with disabilities on and off aircraft, transport passengers 
with disabilities between departure gates, and work as baggage handlers 
who handle passengers'

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wheelchairs and other assistive devices. Contractors must provide the 
same services, equipment, and other accommodations required of an air 
carrier and its employees by the ACAA and part 382. As an employee of a 
contractor, you are therefore required to follow the mandates of the 
ACAA and part 382 when providing services, equipment, and other 
accommodations to passengers with disabilities. If you do not follow 
the mandates of the ACAA and part 382, the air carrier is subject to 
enforcement action by DOT for your failure.

C. Keyword Definitions

    Following is a list of key words whose definitions will help you 
fully understand this manual.
    Air Carrier: Any United States company that provides air 
transportation, either directly or indirectly or by a lease or any 
other arrangement. [Sec. 382.5]
    Air Carrier Airport: A public, commercial service airport which 
enplanes annually 2,500 or more passengers and receives scheduled air 
service. [Sec. 382.5]
    Air Transportation: Interstate, overseas, or foreign air 
transportation, or the transportation of mail by aircraft, as defined 
in the Federal Aviation Act (recodified as 49 U.S.C. 40101 et seq.). 
[Sec. 382.5]
    Assistive Device: Any piece of equipment that assists a passenger 
with a disability in carrying out a major life activity. Assistive 
devices are those devices or equipment used to assist a passenger with 
a disability in caring for himself or herself, performing manual tasks, 
walking, seeing, hearing, speaking, breathing, learning, working, or 
performing other functions of daily life. Assistive devices may include 
medical devices, medications, and bags or cases used to carry them.
    Complaints Resolution Official (CRO): One or more individuals 
designated by each air carrier who must be thoroughly familiar with the 
requirements of part 382 and the air carrier's policies and procedures 
addressing part 382 and the provision of services, facilities, and 
accommodations to passengers with disabilities. A CRO must have the 
authority to resolve disability-related complaints on behalf of an air 
carrier. A CRO must be available to address disability-related 
complaints presented by passengers or other individuals. A CRO must be 
available [1] in person at the airport; or [2] via telephone or TTY at 
all times an air carrier is operating. [Sec. 382.65]
    Contractor: A contactor is an entity that has a business 
arrangement with an air carrier to perform functions that the air 
carrier would otherwise be required to perform with its own employees 
under the ACAA and part 382. For example, carriers often have business 
arrangements with companies to provide wheelchair service to passengers 
with disabilities or to handle baggage. [Sec. 382.7]
    Contractor Employee: An individual that works for an organization 
that has a business arrangement with one or more air carriers to 
provide services, facilities, and other accommodations to passengers 
with disabilities. [Sec. 382.7]
    Department or DOT or U.S. Department of Transportation: The Federal 
agency that works to ensure a fast, safe, efficient, accessible, and 
convenient transportation system that meets the Nation's vital national 
interests and enhances the quality of life of the American people. DOT 
has nine operating administrations, in addition to the Office of the 
Secretary of Transportation (OST): Bureau of Transportation Statistics, 
Federal Aviation Administration (FAA), Federal Highways Administration, 
Federal Railroad Administration, Federal Transit Administration, 
Maritime Administration, National Highway Transportation Safety 
Administration, Research and Special Programs Administration, and the 
St. Lawrence Seaway Development Corporation. [Sec. 382.5] The 
responsibility for implementing the ACAA resides in OST.
    DOT Disability Hotline or Hotline: The toll free telephone hotline 
system that provides general information about the rights of air 
travelers with disabilities, responds to requests for information, and 
assists air travelers with time-sensitive disability-related issues. 
Members of the public may call 1-800-778-4838 (voice) or 1-800-455-9880 
(TTY) from 7 a.m. to 11 p.m. eastern time, seven days a week to receive 
assistance regarding air travel by individuals with disabilities.
    FAA: The Federal administration that oversees the safety of our 
Nation's civil aviation system. Safety is the first and foremost 
mission of the FAA and includes the issuance and enforcement of 
regulations and standards related to the manufacture, operation, 
certification, and maintenance of aircraft. [Sec. 382.5]
    Facility: All or any portion of aircraft, buildings, structures, 
equipment, roads, walks, parking lots, and any other real or personal 
property, normally used by passengers or prospective passengers 
visiting or using the airport, to the extent that the carrier exercises 
control over the selection, design, construction, or alteration of the 
property. [Sec. 382.5]
    Indirect Air Carrier: A company not directly involved in the 
operation of an aircraft that sells air transportation services to the 
general public, such as tour and charter operators. [Sec. 382.5]
    Individual With a Disability: Any individual who:
     Has a physical or mental impairment that, on a permanent 
or temporary basis,
     Substantially limits one or more major life activities,
     Has a record of such an impairment, or
     Is regarded as having such an impairment. [Sec. 382.5]
    Qualified Individual With a Disability: An individual with a 
disability who:
     Accompanies or meets a traveler using airport facilities;
     Seeks information about schedules, fares, or policies;
     Attempts to use facilities or services offered to the 
general public by an air carrier;
     Has a ticket, or makes a good faith attempt to buy a valid 
ticket for a flight;
     Arrives with a valid ticket for the flight; and
     Meets reasonable, nondiscriminatory requirements 
applicable to all passengers. [Sec. 382.5]
    Service Animal: Any animal that is individually trained or able to 
provide assistance to a qualified person with a disability or any 
animal shown by documentation to be necessary for the emotional well 
being of a passenger. With respect to emotional support animals, 
although carriers may require documentation to verify that an animal is 
an emotional support animal, such documentation is not required under 
the law.
    Dogs, cats, and monkeys are among those that have been individually 
trained and act as service animals. Service animals may assist people 
with disabilities by, for example:
     Guiding persons with vision impairments;
     Alerting persons with deafness to specific sounds;
     Alerting persons with epilepsy of imminent seizure onset;
     Pulling a wheelchair;
     Assisting persons with mobility impairments with balance; 
and
     Providing emotional support for persons with disabilities. 
[Sec. 382.55]
    Text Telephones (TTY) or Telecommunications Devices for the Deaf 
(TDD): TTYs, also called TDDs, are devices that allow individuals who 
are unable to use a regular telephone to make or receive telephone 
calls by enabling them to type their

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conversations. The TTY benefits people who are deaf, hard of hearing, 
or speech impaired and individuals seeking to communicate with them. 
The conversation is typed back and forth and is displayed on a lighted 
display screen, a paper print-out in the TTY/TDD device, or a computer 
screen using specialized TTY software. A TTY may also be used to place 
a relay call to a party with a regular telephone. See Chapter 4, 
Section D.
    Transportation Security Administration (TSA): An administration 
within the Department of Homeland Security that is charged with 
protecting the security of the Nation's transportation systems to 
ensure freedom of movement for people and commerce. The Aviation and 
Transportation Security Act, signed into law on November 19, 2001, 
brought airport security (including the responsibility to hire, train, 
manage, and discipline security screeners) under the direct authority 
of the TSA.

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

     What does the Air Carrier Access Act (ACAA) say? The ACAA 
prohibits U.S. and foreign air carriers from discriminating against an 
air traveler with a disability on the basis of such disability (49 
U.S.C. 41705).
     What is 14 CFR part 382 (part 382)? Part 382 is a detailed 
set of rules that define air carriers' responsibilities under the ACAA 
and ensures that individuals with disabilities will be treated without 
discrimination consistent with the safe carriage of all passengers.
     Who has to follow part 382? The following organizations 
and individuals must comply with part 382: (1) Air carriers and their 
employees (e.g., ticket and gate agents, flight attendants, baggage 
handlers, pilots, etc.); (2) authorized agents of an air carrier (e.g., 
travel agents); (3) organizations and their employees that have 
business arrangements with air carriers to provide disability-related 
services (e.g., wheelchair service, baggage handling, etc.); and (4) 
indirect air carriers and their employees (e.g., tour operators) that 
provide facilities, services, or other accommodations to passengers 
with disabilities.
     Who is protected by part 382? Part 382 protects three 
categories of individuals with disabilities: (1) Individuals who have a 
physical or mental impairment that, on a permanent or temporary basis, 
substantially limits one or more major life activities; (2) individuals 
who have a record of such impairment; and (3) individuals who are 
regarded as having such an impairment, whether they have the impairment 
or not.
     What is a physical or mental impairment? Physical 
impairments include (1) physiological disorders or conditions; (2) 
cosmetic disfigurements; or (3) anatomical loss affecting one or more 
of the following body systems: neurological, musculoskeletal, special 
sense organs, respiratory including speech organs, cardiovascular, 
reproductive, digestive, genitourinary, hemic and lymphatic, skin, and 
endocrine.
    Examples of physical impairments include orthopedic, visual, 
speech, and hearing impairments, cerebral palsy, epilepsy, muscular 
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV 
disease, drug addition, and alcoholism.
    Mental impairments include mental or psychological disorders, such 
as mental retardation, organic brain syndrome, emotional or mental 
illness, and specific learning disabilities.
    Physical characteristics such as the color of one's eyes, hair, or 
skin, baldness, and left-handedness do not constitute physical 
impairments. Similarly, neither age nor obesity alone constitutes a 
physical impairment. Disadvantages due to cultural or economic factors 
are not covered by part 382. Moreover, the definition of ``physical or 
mental impairment'' does not include personality traits such as poor 
judgment or a quick temper, where these are not symptoms of a mental or 
psychological disorder.
     What is a substantial limitation on major life activities? 
To qualify as a ``disability'' under part 382 a condition or disease 
must substantially limit a major life activity. Major life activities 
include, but are not limited to, activities such as caring for oneself, 
performing manual tasks, walking, seeing, hearing, speaking, breathing, 
learning, and working.
     When does an impairment ``substantially limit'' a major 
life activity? There is no absolute standard for determining when an 
impairment is a substantial limitation. Some impairments obviously 
limit the ability of an individual to engage in a major life activity.

    Example 1: A person who is deaf is substantially limited in the 
major life activity of hearing.
    Example 2: A person with traumatic brain injury may be 
substantially limited in the major life activities of: (a) Caring 
for himself or herself; and (b) working, because of memory 
deficiency, confusion, contextual difficulties, and the inability to 
reason appropriately.
    Example 3: An individual who is paraplegic may be substantially 
limited in the major life activity of walking.

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

    Example: While on a skiing trip, Jane breaks her leg and is 
placed in a cast that keeps her from bending her leg and walking 
without the use of crutches. Jane will eventually recover the full 
use of her leg, but in the meantime she is substantially limited in 
the major life activity of walking. Because Jane's broken leg will 
substantially limit a major life activity for a time, Jane would be 
considered to have a disability covered by part 382 during that 
time. You would be required to provide her certain services and 
equipment under part 382 if requested (e.g., enplaning and deplaning 
assistance, connecting wheelchair assistance, seating with 
additional leg room in the same class of service to the extent 
required by part 382, safe stowage of her crutches in the aircraft 
cabin in close proximity to the passenger).

     Who is a person with a ``record of'' a disability under 
part 382? Part 382 protects individuals from discrimination who have a 
``record of'' (history of) a physical or mental impairment that 
substantially limits a major life activity or who have been classified, 
or misclassified, as having such an impairment. Therefore, individuals 
who do not have an actual current impairment that substantially limits 
a major life activity would still be protected under part 382 based 
upon a past diagnosis (or a misdiagnosis) of an impairment that 
substantially limits a major life activity. Individuals with a history 
of cancer or epilepsy are examples of people with a record of 
impairment.

    Example: Adam, a passenger who has had severe epileptic seizures 
in the past that rendered him unable to work, is denied 
transportation by airline personnel because of their concern that he 
may have a seizure on board the aircraft. This denial of 
transportation would be unlawful if based solely on the fact that 
Adam has had seizures in the past, because epilepsy may be 
controlled by medication. Airline personnel can lawfully deny 
transport to Adam only if they reasonably believe, based on the 
information available, that his seizure disorder poses a real safety 
risk to him or other passengers.

     When is a person ``regarded as'' having a disability? Part 
382 also protects an individual who is ``regarded as'' having a 
physical or mental impairment that substantially limits a major life 
activity, whether or not that person actually has an impairment. People 
can be ``regarded as'' disabled if: (1) Their non-limiting or slightly 
limiting impairments are viewed by others as substantially limiting; 
(2) they have no impairments but are viewed by

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others as having a substantially limiting impairment; or (3) their 
impairments become substantially limiting because of the attitudes of 
other people.

    Example 1: John, an individual with a mild heart condition 
controlled by medication, is denied transportation because airline 
personnel believe that flying will cause John to have heart problems 
necessitating diversion of the aircraft during flight. John is not 
substantially limited in any major life activity by his condition. 
John has informed the air carrier personnel that his heart condition 
is controlled by medication and that for the past five years he has 
flown on a near weekly basis without incident. Even though John does 
not actually have an impairment that substantially limits a major 
life activity, he is protected by the provisions of part 382 because 
he is treated as though he does. The airline personnel's refusal to 
provide transportation to John must be reasonable under the facts 
and circumstances presented. Arguably, excluding John from the 
flight was unreasonable because John had informed the airline 
employee that he was taking medication and that he had flown 
frequently in the recent past without incident. The reasonableness 
of the decision depends on John's credibility and any additional 
information provided. Regardless of the reasonableness of the 
decision, the airline employee is legally required under section 
382.31(e) to provide a written explanation to John within 10 
calendar days setting forth the specific safety or other reason(s) 
for excluding John from the flight.
    Example 2: Karen, an individual born with a prominent facial 
disfigurement, has been refused transportation on the grounds that 
her presence has upset several passengers who have complained to 
gate agents about her appearance. Karen's physical disfigurement 
becomes substantially limiting only as a result of the attitudes of 
others and she is protected by the provisions of part 382. Refusing 
to provide transportation to Karen would violate section 382.31 
because you must not refuse to provide transportation to a qualified 
individual with a disability, such as Karen, solely because her 
appearance may offend or annoy other passengers. As in the example 
above, and regardless whether the decision to refuse transportation 
was correct, you must provide Karen with a written explanation of 
the specific basis for the refusal within 10 calendar days of the 
incident.

     How do I determine whether a person is an individual with 
a disability? Provide an opportunity for the passenger to self-identify 
by asking how you can best assist him or her.
     How do I assist a passenger with a disability? Ask the 
passenger how you can best assist him or her. A passenger with a 
disability has the most information about his or her abilities, 
limitations, level of familiarity with the airport and airline, and 
needs in connection with traveling by air.
     May I ask an individual what his or her disability is? 
Only to determine if a passenger is entitled to a particular seating 
accommodation pursuant to section 382.38. Generally, you may not make 
inquiries about an individual's disability or the nature or severity of 
the disability. However, you may ask questions about an individual's 
ability to perform specific air travel-related functions, such as 
enplaning, deplaning, walking through the airport, etc.

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

     What are some of the requirements of part 382 that you 
should be aware of? Following are some of the principal requirements of 
part 382. It is important to note that the requirements of part 382 
listed below are not meant to be exhaustive. Rather, it is a list of 
requirements governing situations that you are likely to encounter on a 
regular basis.
     You must not discriminate against qualified individuals 
with a disability. [Sec. 382.7(a)(1)] You must not require a passenger 
with a disability to accept special services (including, but not 
limited to, pre-boarding) not requested by the passenger. [Sec. 
382.7(a)(2)] Instead, you may ask a passenger with a disability if he 
or she would like a particular service, facility, or other