Nondiscrimination on the Basis of Disability, 41482-41530 [05-13947]

Agencies

• Office of the Secretary
• DEPARTMENT OF TRANSPORTATION

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



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Part II





Department of Transportation





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Office of the Secretary



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14 CFR Part 382



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

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

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. OST-2005-20952]


Nondiscrimination on the Basis of Disability

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

ACTION: Technical Assistance Manual.

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SUMMARY: This document responds to a Congressional mandate for the U.S. 
Department of Transportation to provide a technical assistance manual 
to air carriers and individuals with disabilities concerning their 
rights and responsibilities under the Air Carrier Access Act and DOT 
regulations.

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

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

Discussion of Public Comments

1. General Comments

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

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2. Chapter 1: Understanding How To Use This Manual

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

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

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

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

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

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

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

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

6. Appendix III: Frequently Asked Questions

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

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

Discussion of Changes to TAM Unrelated to Public Comments Received

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

    Issued this 8th day of July, 2005, at Washington DC.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings, 
U.S. Department of Transportation.

What Airline Employees, Airline Contractors, and Air Travelers With 
Disabilities Need To Know About Access to Air Travel for Persons With 
Disabilities

A Guide to the Air Carrier Access Act (ACAA) and Its Implementing 
Regulations, 14 CFR Part 382 (Part 382)

Table of Contents

Chapter 1: Understanding How To Use This Manual

A. Introduction
B. Background
C. Keyword Definitions

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

Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip

A. Advance Notice
B. Information about the Aircraft
C. Mobility Aids and Assistive Devices
D. Service Animals
E. Accommodations for Air Travelers who are Deaf, Hard of Hearing, 
or Deaf-Blind
F. Communicable Diseases
G. Medical Certificates: When are they Allowed?
H. Your Obligation to Provide Services and Equipment
I. Attendants

Chapter 4: Assisting Air Travelers With Disabilities at the Airport

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

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

A. Aircraft Accessibility
B. Seating Assignments and Accommodations
C. Boarding and Deplaning Assistance
D. Stowing and Treatment of Personal Equipment
E. Services in the Cabin
F. Safety Briefings

Chapter 6: Assisting Air Travelers With Disabilities With Their 
Complaints

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

Chapter 7: Interacting With People With Disabilities

Indices

Alphabetical Index
Part 382 Index

Appendices

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

Chapter 1: Understanding How To Use This Manual

A. Introduction
B. Background
C. Keyword Definitions

A. Introduction

Purpose of the Manual

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

B. Background

U.S. Air Carriers

    In 1986, Congress passed the ACAA, which prohibits discrimination 
by U.S. air carriers against qualified individuals with disabilities. 
49 U.S.C. 41705. In

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

Foreign Air Carriers

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

Development of Technical Assistance Manual

    In 2000, Congress required DOT to create a technical assistance 
manual to provide guidance to individuals and entities with rights or 
responsibilities under the ACAA. This manual responds to that mandate. 
In creating this manual, DOT held meetings with representatives from 
the disability community, air carriers, and organizations that contract 
with air carriers to provide disability-related services. Those who 
attended the meetings made suggestions for this manual. All of these 
suggestions have been thoroughly considered by DOT and incorporated 
where appropriate.

ACCESS

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

How To Use This Manual

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

Themes of This Manual

Legal Requirements and Customer Service
    This manual highlights the difference between actions you must take 
according to the law as stated in part 382 and actions that you may 
choose to take in an effort to provide superior customer service to 
passengers with disabilities. Legal requirements are generally 
designated by the words, ``must'' or ``shall'' in the manual. Words 
such as ``should'' or ``may'' indicate accommodations that part 382 
does not require but that DOT recommends and that you may decide to 
provide as a matter of good customer service.
Safety
    Where applicable, this manual discusses how to properly and 
lawfully consider aircraft and passenger safety when providing 
transportation to passengers with disabilities. Part 382 does not 
require or authorize you to disregard FAA safety regulations. Where 
different treatment of passengers with disabilities or other 
restrictions are mandated by an FAA safety regulation, part 382 allows 
you to comply with the FAA safety regulation. For example, if an FAA 
safety rule provides that only persons who can perform certain 
functions can sit in an exit row, then you can request that an 
individual unable to perform those functions (regardless of whether 
that individual has a disability) sit in another row. If the passenger 
refuses, you can properly deny transportation to such passengers.
    However, where an optional carrier action that is not required by 
FAA rules would result in different treatment of passengers with 
disabilities, or in other restrictions, then the ACAA and the 
provisions of part 382 prohibit you from implementing the optional 
carrier action even if it might ensure safety. For instance, suppose 
ABC Airways required only passengers with disabilities--not all 
passengers--to provide correct answers to a quiz about the content of a 
safety briefing and a passenger with a disability either refused to 
respond or failed such a quiz. It would not be appropriate to deny 
transportation to a passenger with a disability on such grounds unless 
the carrier's policies and procedures consistently treated all 
passengers in a similar manner.
    In short, part 382 is consistent with FAA safety requirements as it 
allows you to follow FAA safety rules and to ensure that the safe 
completion of the flight or the health and safety of other passengers 
are not jeopardized. Determinations about whether an FAA rule requires 
different treatment of a passenger with a disability for safety reasons 
often depend on the circumstances you encounter. Therefore, it is 
important that you seek information from passengers with disabilities 
and their traveling companions and make a reasonable

[[Page 41487]]

judgment considering all available information.
    The FAA safety mandates can be found in the Code of Federal 
Regulations (14 CFR parts 60 through 139), FAA guidance interpreting 
these regulations, and Airworthiness Directives (see 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 contactor is an entity that has a business 
arrangement with an air carrier to perform functions that the ACAA and 
part 382 would otherwise require the air carrier to perform with its 
own employees. Contractors provide a variety of services on behalf of 
air carriers in furnishing assistance to persons with disabilities. For 
example, contractors often provide wheelchair service, assist 
passengers with disabilities on and off aircraft, transport passengers 
with disabilities between departure gates, and work as baggage handlers 
who handle passengers' wheelchairs and other assistive devices. 
Contractors must provide the same services, equipment, and other 
accommodations required of an air carrier and its employees by the ACAA 
and part 382. As an employee of a contractor, you are therefore 
required to follow the mandates of the ACAA and part 382 when providing 
services, equipment, and other accommodations to passengers with 
disabilities. If you do not follow the mandates of the ACAA and part 
382, the air carrier is subject to enforcement action by DOT for your 
failure.

C. Keyword Definitions

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

[[Page 41488]]

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

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

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

    Examples of physical impairments include orthopedic, visual, 
speech, and hearing impairments, cerebral palsy, epilepsy, muscular 
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV 
disease, drug addition, and alcoholism.
    Mental impairments include mental or psychological disorders, such 
as mental retardation, organic brain syndrome, emotional or mental 
illness, and specific learning disabilities.
    Physical characteristics such as the color of one's eyes, hair, or 
skin, baldness, and left-handedness do not constitute physical 
impairments. Similarly, neither age nor obesity alone constitutes a 
physical impairment. Disadvantages due to cultural or economic factors 
are not covered by part 382. Moreover, the definition of ``physical or 
mental impairment'' does not include personality traits such as poor 
judgment or a quick temper, where these are not symptoms of a mental or 
psychological disorder.
     What is a substantial limitation on major life activities? 
To qualify as a ``disability'' under part 382 a condition or disease 
must substantially limit a major life activity. Major life activities 
include, but are not limited to, activities such as caring for oneself, 
performing manual tasks, walking, seeing, hearing, speaking, breathing, 
learning, and working.
     When does an impairment ``substantially limit'' a major 
life activity? There is no absolute standard for determining when an 
impairment is a substantial limitation. Some impairments obviously 
limit the ability of an individual to engage in a major life activity.
    Example 1: A person who is deaf is substantially limited in the 
major life activity of hearing.
    Example 2: A person with traumatic brain injury may be 
substantially limited in the major life activities of: (a) caring 
for himself or herself; and (b) working, because of memory 
deficiency, confusion, contextual difficulties, and the inability to 
reason appropriately.
    Example 3: An individual who is paraplegic may be substantially 
limited in the major life activity of walking.


[[Page 41489]]


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

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

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

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

     When is a person ``regarded as'' having a disability? Part 
382 also protects an individual who is ``regarded as'' having a 
physical or mental impairment that substantially limits a major life 
activity, whether or not that person actually has an impairment. People 
can be ``regarded as'' disabled if: (1) Their non-limiting or slightly 
limiting impairments are viewed by others as substantially limiting; 
(2) they have no impairments but are viewed by others as having a 
substantially limiting impairment; or (3) their impairments become 
substantially limiting because of the attitudes of other people.

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

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

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

     What are some of the requirements of part 382 that you 
should be aware of? Following are some of the principal requirements of 
part 382. It is important to note that the requirements of part 382 
listed below are not meant to be exhaustive. Rather, it is a list of 
requirements governing situations that you are likely to encounter on a 
regular basis.
     You must not discriminate against qualified individuals 
with a disability. [Sec. 382.7(a)(1)] You must not require a passenger 
with a disability to accept special services (including, but not 
limited to, pre-boarding) not requested by the passenger. [Sec. 
382.7(a)(2)] Instead, you may ask a passenger with a disability if he 
or she would like a particular service, facility, or other 
accommodation. In addition, you must not exclude a qualified individual 
with a disability from or deny the individual the benefit of any air 
transportation or related services that are available to other 
passengers. [Sec. 382.7(a)(3)] For example, if you choose to provide 
ground transportation and overnight accommodations to passengers 
because of a flight cancellation, you must ensure that the ground 
transportation to the hotel, and the hotel itself, are accessible to a 
passenger with a disability.
     You must not refuse transportation to a passenger solely 
on the basis of a disability. [Sec. 382.31(a)]
     You must provide transportation to an individual with a 
disability who has an impairment that affects his or her appearance or 
results in involuntary behavior except under limited circumstances 
specified below. You must provide transportation to such individuals 
with disabilities even if the disability may offend, annoy, or 
inconvenience crewmembers or other passengers. [Sec. 382.31(b)] 
However, if the person's disability results in

[[Page 41490]]

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