request would have to include the carrier's proposal for an alternative
means of achieving the rule's objectives with respect to any provision
that is waived.
    The Department wants to ensure that waiver requests are submitted
and granted or denied in a timely manner, avoiding the dilemma for
foreign carriers of having to choose between compliance with this rule
and with conflicting foreign laws when the rule goes into effect a year
after its publication. We encourage foreign carriers to make any waiver
requests within 120 days of the rule's publication. The Department
commits to deciding requests made in this time period before the rule
goes into effect. If we are late, then the foreign carrier may continue
to carry out the policy or practice involved until we do respond, and
if the request is denied the Department would not take any enforcement
action against the carrier with respect to activities that took place
prior to the denial. Even with respect to waiver requests submitted
after the 120-day period, the Department will do its best to respond
before the effective date of the rule. Again, the carrier can choose to
continue to follow the policy or practice that is the subject of the
request until the Department does respond. However, if such a request
is denied, the carrier risks enforcement action with respect to the
period between the effective date of the rule and the date of the
Department's response. The Department has established this two-stage
waiver consideration process to help avoid a situation in which a
foreign carrier would delay submission of a waiver request until
shortly before the effective date of the rule, in an attempt to delay
compliance with the rule while the Department considered its late-filed
request.
    We also recognize that new foreign legal mandates can arise. If a
new mandate is created after the initial 120-day period following
publication of the rule (not an existing legal mandate that is
subsequently discovered or goes into effect subsequently), then a
foreign carrier may submit a waiver request and continue to implement
the policy or practice involved until the Department responds. In this
case, the carrier would not be subject to enforcement action for the
period prior to the Department's response.
    This section also notes that if a foreign carrier submits a
frivolous or dilatory waiver request, has not submitted a waiver
request with respect to a particular policy or practice, or continues
to follow a policy or practice concerning which a waiver request has
been denied, the carrier could be subject to DOT enforcement action.
For example, if the Department initiates enforcement action because we
believe a foreign carrier's practice is contrary to the rule, the
carrier could not defend against the enforcement by claiming a conflict
with an existing foreign legal mandate if the carrier had not
previously submitted a waiver request concerning the practice, or the
request had been denied.

382.10 How does a U.S. or foreign carrier obtain a determination that
it is providing an equivalent alternative to passengers with
disabilities?

    While the concept of equivalent facilitation has been a part of DOT
Americans with Disabilities Act (ADA) rules since 1991 (see 49 CFR
37.7-37.9), it has not previously been part of ACAA rules. The use of
``equivalent alternative'' in this rule is somewhat broader than the
use of ``equivalent facilitation'' in DOT or DOJ ADA rules or in the
Americans with Disabilities Act Accessibility Guidelines issued by the
U.S. Access Board, which focused on ``hardware'' modifications to
vehicles and facilities. In the ACAA context, equivalent alternative
can also refer to policies, practices, or other accommodations to
passengers with disabilities.
    The key point of this section is that, in order to be viewed as an
equivalent alternative, a policy, practice, accommodation, or piece of
equipment must really provide substantially equivalent accessibility to
passengers with disabilities than compliance with a provision of the
rule. It isn't enough for a carrier's proposed alternative to be
different from a provision of the rule. Alternatives that provide less
accessibility than the provisions of the rule, or that impose greater
burdens on passengers with disabilities, cannot be considered an
equivalent alternatives. Equivalent alternatives also pertain only to
specific requirements of the rule. The Department would not entertain
an equivalent alternative request that asked us to find that an entire
foreign regulatory scheme was equivalent to this rule, for example.
    Similar to the conflict of laws waiver provision, the equivalent
alternative provision is structured to provide an incentive to carriers
to file timely requests. If a carrier submits its request within 120
days of the publication date of this Part, the Department will try to
respond before the effective date of the rule. The carrier can
implement the policy or practice it requests as an equivalent
alternative beginning on the effective date of the rule until the
Department does respond. (A U.S. carrier subject to the current rule
could not begin implementing an equivalent alternative it had requested
within the 120-day time period until the new rule goes into effect,
since the current rule does not provide for equivalent alternatives.)
If a carrier submits its request after the 120-day period following
publication, the carrier must comply with the provision of the
regulation pending the Department's response.

382.11 What is the general nondiscrimination requirement of this Part?

382.13 Do carriers have to modify policies, practices, and facilities
to ensure nondiscrimination?

    These sections are very similar to section 382.7 of the current
regulation. One difference is that the new rule specifies that carriers
may require preboarding as a condition of receiving certain seating or
in-cabin stowage accommodations. The requirement to make modifications
of policies, practices, and facilities has been broken out into a
separate section. This requirement recognizes that there can be times
when, in order to provide nondiscriminatory service to a particular
individual, carriers must change or make an exception to an otherwise
acceptable general policy or practice for that individual. It should be
emphasized that this provision is not intended to require carriers to
make generally applicable changes in policies for all passengers, or
all passengers with disabilities. The provision focuses on

the carrier doing what it needs to do--short of incurring an undue
burden or making a fundamental alteration in its services--to make sure
that a passenger with a disability can take the trip for which he or
she is ticketed.

382.15 Do carriers have to make sure that contractors comply with the
requirements of this Part?

    It is a basic principle of nondiscrimination law that while a
regulated party can contract out its functions, it cannot contract away
its responsibilities. Consequently, a carrier that contracts out any
functions concerning passengers with disabilities must ensure that the
contractors comply with the provisions of this Part, just as if the
carrier were performing the functions itself. Assurances and contract
conditions in the agreements between carriers and their contractors are
a key measure to carriers' compliance with this section. Noncompliance
with these contract conditions by the contractor must be stated in the
contract as being a material breach of the contract. The Department
expects carriers to monitor the performance of contractors to ensure
that the contractors' performance complies with the requirements of
this Part and to take appropriate contract action against contractors
that breach their contracts by failing to comply. The Department would
view a carrier's failure to do so as noncompliance with the carrier's
obligations under this rule, and a carrier cannot defend against an
enforcement action by the Department by claiming that a contractor
erred. The carrier remains responsible.

382.19 May carriers refuse to provide transportation on the basis of
disability?

    This section continues, and extends to foreign carriers, the key
nondiscrimination requirement of the ACAA and the existing Part 382.
With narrow exceptions, a carrier is prohibited from denying
transportation to a passenger on the basis of disability. Carriers
retain their authority, under 49 U.S.C. 44902 and 14 CFR 121.533, to
deny transportation to any passenger, disabled or not, on the basis of
safety or whose carriage would violate FAA or TSA requirements.
    If the carrier's reason for excluding a passenger on the basis of
safety is that the individual's disability creates a safety problem,
the carrier's decision must be based on a ``direct threat'' analysis.
This concept, grounded in the Americans with Disabilities Act, calls on
carriers to make an individualized assessment (e.g., as opposed to a
generalization or stereotype about what a person with a given
disability can or can't do) of the safety threat the person is thought
to pose. In doing so, the carrier must take into account the nature,
duration and severity of the risk; the probability that the potential
harm will actually occur; and whether reasonable mitigating measures
can reduce the risk to the point where the individual no longer poses a
direct threat. In using its authority to make a direct threat
determination and exclude a passenger, a carrier must not act
inconsistently with other provisions of Part 382. Direct threat
determinations must not be used as a sort of de facto exception to
specific requirements of this Part (e.g., the prohibition on number
limits).
    Exclusion of a passenger because his disability-related appearance
or involuntary behavior may offend, annoy, or inconvenience other
persons--as distinct from creating a direct threat to safety--is an
important part of this nondiscrimination mandate. The rationale for
this requirement was stated in the preamble to the 1990 ACAA rule, and
it remains valid (see 55 FR 8027; March 6, 1990).

382.21 May carriers limit access to transportation on the basis that a
passenger has a communicable disease or other medical condition?

    As a general matter, carriers may not exclude or impose other
requirements or conditions on a passenger on the basis that the
passenger has a communicable disease. However, if the passenger poses a
direct threat, the carrier may take appropriate action to safeguard the
health and safety of other persons on the flight.
    The Department has added regulatory language codifying the
Department's guidance on how airlines should determine whether
someone's disease presents a direct threat. To be a direct threat, a
condition must be both able to be readily transmitted by casual contact
in the course of a flight AND have severe health consequences (e.g.,
SARS, active tuberculosis). If a condition is readily transmissible but
does not typically have severe health consequences (e.g., the common
cold), or has severe health consequences but is not readily transmitted
by casual conduct in the course of a flight (e.g., HIV), its presence
would not create a direct threat. Carriers may also rely on directives
issued by public health authorities (e.g., in the context of a future
flu pandemic).
    If a passenger who is deemed to present a direct threat cannot
travel at his or her scheduled time as a result, the carrier must allow
the passenger to travel at a time up to 90 days from the date of
postponed travel at the same price or, if the passenger prefers,
provide a refund. Consequently, cancellation or rebooking fees or
penalties would not apply in this situation, and the passenger would
not be subject to any fare increases that may occur in the meantime or
any increase in that passenger's fare due to the non-availability of a
seat in the fare class on his or her original ticket.

382.23 May carriers require a passenger with a disability to provide a
medical certificate?

    Like the medical certificates section in the current rule, this
section generally prohibits carriers from requiring medical
certificates (i.e., written statements from a doctor saying that a
passenger is capable of completing a flight safely, without requiring
extraordinary medical assistance during the flight). People with
disabilities have functional impairments with respect to walking,
seeing, hearing etc. These impairments, by and large, are not
sicknesses requiring medical treatment or clearance (though, of course,
persons with disabilities can have illnesses like everyone else). At
the same time, airlines and their personnel are not medical service
providers, and it is not reasonable to expect them to perform medical
services. This provision is intended to balance these realities.
    Oxygen users and, people traveling in a stretcher or incubator can
be required to produce a medical certificate. The situation that most
commonly would result in a call for a medical certificate is one in
which carrier personnel have a reasonable doubt that someone can
complete the flight safely, without requiring extraordinary medical
assistance. In such a case, carrier personnel can require a medical
certificate in order to provide assurance that the passenger will not
need such assistance. The rule clarifies that a medical certificate
must be recent (within 10 days of the passenger's departing flight).
    There is also a relationship between this section and the
communicable diseases provision. Section 382.21(a)(4) allows a carrier
to require a medical certificate if the carrier determines that the
passenger has a communicable disease that could pose a direct threat.
Under section 382.23(c), the passenger would then have to produce a
medical certificate, to the effect that the passenger's condition would
not be communicable to other persons during the normal course of the
flight. If it is potentially transmissible during the flight but this
can be prevented if

certain conditions or precautions are implemented, the certificate
would have to describe those conditions or precautions. Unlike the
situation with respect to medical certificates under paragraph (b)(3),
a medical certificate in the situation of a communicable disease under
paragraph (d) would have to be dated within 10 days of the flight for
which it is presented (not 10 days prior only to the passenger's
initial departing flight). Under paragraph 382.21(c), if the section
382.23(c)(2) medical certificate provides measures for preventing the
transmission of a disease, the carrier must provide transportation to
the passenger--carrying out the prescribed measures--unless the carrier
determines that it is unable to carry out the measures. If the carrier
is unable to do so, it can deny transportation to the passenger. In
this event, the carrier's written explanation to the passenger under
section 382.21(e) would include an explanation of why it was not able
to carry out the measures identified in the medical certificate.
    A carrier may elect to subject a passenger with a medical
certificate to additional medical review (e.g., by the carrier's
physician) if the carrier believes either that there has been a
significant adverse change in the passenger's medical condition since
the issuance of the medical certificate or that the certificate
significantly understates the passenger's risk to the health of other
persons on the flight. If this additional review shows that the
passenger is unlikely to be able to complete the flight without
extraordinary medical assistance or would pose a direct threat to other
passengers, the carrier could, notwithstanding the medical certificate,
deny or restrict the passenger's transportation.
    We also note that, under section 382.117(e), airlines can require
passengers traveling with emotional support or psychiatric service
animals to provide certain documentation. This information is not a
medical certificate in the sense articulated in section 382.23, but
airlines are entitled to obtain this documentation as a condition of
permitting the emotional support or psychiatric service animal to
travel in the cabin with the passenger.

382.25 May a carrier require a passenger with a disability to provide
advance notice that he or she is traveling on a flight?

382.27 May a carrier require a passenger with a disability to provide
advance notice in order to obtain specific services in connection with
a flight?

    Carriers may not require a passenger with a disability to provide
advance notice of the fact that he or she is traveling on a flight.
That is, a carrier cannot say to a passenger, in effect, ``You have a
disability; therefore, you must let me know in advance that you are
going to fly on my aircraft, Flight XXX.''
    On the other hand, there is a series of accommodations that many
passengers with disabilities may need or want that carriers reasonably
require time to arrange. For these services, carriers may require up to
48 hours' advance notice (i.e., 48 hours before the scheduled departure
time of the flight) AND a check-in time one hour before the check-in
time for the general public. That is, if passengers generally are told
to arrive at the gate one hour before the scheduled departure time of
the flight to check in, the carrier may tell passengers seeking one of
these listed accommodations to check in two hours before the scheduled
departure time for the flight. If the passenger with a disability meets
the advance notice and check-in time requirements, the carrier must
provide the requested accommodation. If not, the carrier must still
provide the accommodation if it can do so by making reasonable efforts,
without delaying the flight.
    Most of the services or accommodations for which a carrier can
require advance notice are the same as under the existing regulation
(e.g., transportation of an electric wheelchair on a flight scheduled
to be made on an aircraft with fewer than 60 seats, accommodation for a
group of 10 or more passengers with a disability who make reservations
to travel as a group). It is important to note that, with respect to
the onboard use of supplemental oxygen, advance notice can be required
of a passenger whether the carrier provides the oxygen (i.e., via POC
or containerized oxygen,) or the passenger brings his or her own POC
for use during the flight. It should also be noted that when requesting
carrier-supplied supplemental oxygen, advance notice of up to 48 hours
for domestic flights and up to 72 hours for international flights may
be required.
    There are a few new situations in which the rule permits carriers
to require advance notice. These include transportation of an emotional
support or psychiatric service animal, transportation of any service
animal on a flight scheduled to take eight hours or more, and
accommodation of an individual who has both severe vision and hearing
impairments.

382.29 May a carrier require a passenger with a disability to travel
with a safety assistant?

    The terminology of this section has been changed from ``attendant''
to ``safety assistant'' to more accurately reflect the role of the
person accompanying the passenger. A safety assistant is not a personal
care attendant who looks after the personal care needs of a passenger.
A carrier cannot require a personal care attendant to travel with a
passenger with a disability. Rather, the safety assistant is someone
who would assist the passenger to exit the aircraft in case of an
emergency evacuation or to establish communication with carrier
personnel for purposes of the required safety briefing. People like
passenger volunteers, an individual selected by the passenger, or
deadheading crew members remain appropriate candidates to act as safety
assistants.
    This section generally follows the model of the corresponding
section of the existing regulation. However, with respect to the
situation of a passenger with a severe mobility impairment, the
criterion for permitting the carrier to require a safety assistant has
been clarified to address circumstances where the passenger is unable
to physically assist in his or her own evacuation. This change is made
to avoid potential confusion that a passenger could assist in his or
her own evacuation simply by calling for help.
    The ``Response to Comments'' section of the preamble describes in
greater detail other changes, including a new advance notice
requirement, that would apply to passengers who have both severe vision
and hearing impairments. In section 382.29(b)(4), it is mentioned that
a passenger with both severe hearing and vision impairments is
responsible for explaining how he or she can establish communication
adequate to permit transmission of the safety briefing and to enable
the passenger to assist in his or her own evacuation of the aircraft in
the event of an emergency. The new 48-hours' advance notice requirement
is intended to give the carrier time to make any arrangements necessary
to accommodate the passenger following this explanation. The language
in section 382.29(b)(4) concerning the ability of a passenger to assist
in his or her own

evacuation refers to being able to establish, at or around the time of
the safety briefing, a means by which the passenger can receive
instructions concerning an emergency evacuation. For example, the
passenger and air carrier could arrange a hand or touch signal that the
passenger knows means ``get up and follow passengers to an emergency
exit.''
    When a passenger with a disability cannot travel on a flight
because there is no seat available for a safety assistant that the
carrier has determined to be necessary, the passenger must be
compensated in an amount to be calculated under the Department's denied
boarding compensation (DBC) rule, 14 CFR Part 250, where Part 250
applies. The DBC rule applies to both U.S. and foreign carriers with
respect to domestic and international scheduled-service nonstop flight
segments departing from a U.S. airport. It does not apply to flights
departing from a foreign airport, whether operated by a U.S. or foreign
carrier.

382.31 May carriers impose special charges on passengers with a
disability for providing services and accommodations required by this
rule?

    Carriers may not impose charges on passengers for accommodations
required by the rule. However, if a carrier voluntarily provides a
service that this rule does not require, the carrier may charge a
passenger with a disability for that service.
    The issue of carrier web site accessibility requirements has been
deferred to a forthcoming SNPRM. While that issue is being considered,
the Department is adding a provision to address potentially
discriminatory effects of their web site-related policies on passengers
with disabilities who cannot use a carrier's web site because it is not
accessible. If a carrier charges people who make reservations by phone
or in person more than people who make reservations on the web site,
this surcharge cannot be applied to persons with disabilities who must
make reservations by another means because the web site is inaccessible
to them. Likewise, if there are ``web only'' discounts or special
offers made available to passengers on the carrier's web site,
passengers with disabilities who cannot use the web site must be
offered the same terms when they seek to book a flight by other means.

382.33 May carriers impose other restrictions on passengers with a
disability that they do not impose on other passengers?

382.35 May carriers require passengers with a disability to sign
waivers or releases?

    Carriers must not impose requirements or restrictions on passengers
with a disability that they do not impose on other passengers, except
where this regulation explicitly permits the carrier to do so (e.g.,
advance notice for certain services). We hope that many of the
practices specifically banned in this section are only of historical
interest (e.g., making passengers with disabilities sit on blankets or
restricting such passengers to so-called ``corrals'' in terminals), but
we believe they are still useful examples of the sort of discriminatory
treatment that is unacceptable in the context of a nondiscrimination
statute. Waivers of liability or releases either for passengers
themselves or for loss or damage of wheelchairs and other assistive
devices are among the forbidden practices, although as we have stated
in the past, carriers are free to note pre-existing damage to an
assistive device to the same extent that carriers do this with respect
to other checked baggage.

382.41 What flight-related information must carriers provide to
qualified individuals with a disability?

    This provision is very similar to the corresponding provision of
the existing rule. Carriers must provide information about the
accessibility features of aircraft (e.g., the presence and location of
seats that can be accessed through movable armrests, and seats not
available to passengers with disabilities). In addition, carriers must
provide information about any service limitations in accommodating a
passenger with a disability. When level-entry boarding is not available
on a particular flight, carriers must also provide information about
boarding assistance requiring the use of a ramp or lift to all
passengers who indicate that they will use a wheelchair for boarding,
whether or not they specifically ask for the information.
    As a general matter under Part 382, when an agent acting on behalf
of an airline provides inaccurate information to a passenger with a
disability concerning a disability-related accommodation, in most
instances the airline will be responsible for any resulting
information-related violation of the law. It should also be noted that
when a carrier agrees to provide a service not specifically required
under this Part to accommodate a particular passenger's disability, the
carrier is obliged to provide that service to the passenger or risk
being found in violation of section 382.41. For example, if a carrier
informs a passenger that it will accommodate his or her peanut allergy
by not serving peanuts on his or her flight itinerary, the carrier must
ensure that peanuts are not served on those flights or it will be in
violation of section 382.41.

382.43 Must information and reservation services of carriers be
accessible to individuals with hearing and vision impairments?

    The ``Response to Comments'' section of the preamble discusses the
requirements that will apply to carriers with respect to TTY or
telephone relay communication between users of TTYs and carriers. As
noted in that discussion, the purpose of Sec.  382.43 is to put deaf
and hard of hearing passengers on a substantially equivalent footing
with the rest of the public in their ability to communicate with
carriers by telephone regarding information and reservations. We aim to
ensure substantial equivalence in both access to any carrier and wait
time if an agent is not available when a connection is first made.
    Carriers may meet this requirement by using TTYs themselves, but
they may also do so by means of voice relay or any other available
technology that permits TTY users to communicate with them. This
requirement is set forth in Sec.  382.43(a). We are also adding a new
access requirement in Sec.  382.43(a)(4) to ensure that deaf and hard
of hearing passengers are informed how to reach carriers by TTY: In any
medium in which a carrier states the telephone number of its
information and reservation service for the general public, it must
also state its TTY number if it has one, or if not, it must specify how
TTY users can reach the information and reservation service (e.g., via
call relay service). Such media include, for example, web sites, ticket
jackets, telephone books, and print advertisements.
    Based on comments to the docket, we are also adding Sec.
382.43(b), which states that the requirements of Sec.  382.43(a) do not
apply to carriers in any country in which the telecommunications
infrastructure does not readily permit compliance.
    Carriers that provide written information to passengers must ensure
that that this information can be communicated effectively to
passengers with vision impairments. This could be done through
alternative formats or,

especially for brief or compact pieces of information that can be
comprehended and remembered effectively by a listener, through verbal
communication (e.g., the time and date of a specific flight, as
distinct from the airline's entire timetable for a city pair).
    For foreign carriers, these requirements apply only with respect to
information and reservation services for flights covered by section
382.5. With respect to TTY services, the requirement applies to foreign
carriers only with respect to flights for which reservation phone calls
from the U.S. are accepted.
    Please see the ``Response to Comments'' section for further
information about the requirement that a copy of Part 382 be made
available in airports served by carriers subject to this rule.

382.45 Must carriers make copies of this Part available to passengers?

    U.S. carriers must keep a copy of Part 382 at each airport they
serve and make it available to anyone who asks for it. Foreign carriers
must do this at any airport serving a flight that begins or ends at a
U.S. airport. An English-language copy of the rule is sufficient for
this purpose. Carriers are not required to translate the document into
other languages. Although carriers are not required to make a copy of
Part 382 available in accessible formats at airports, carriers that
provide information to the public on a website must place information
on that website telling passengers that they can obtain an accessible
copy of the rule from DOT.

382.51 What requirements must carriers meet concerning the
accessibility of airport facilities?

    The principal substance of airport facility accessibility
requirements is the same for both U.S. and foreign carriers. Certain
aspects of the requirements differ depending on whether the facility in
question is located in the U.S. or in a foreign country.
    U.S. facilities that a carrier owns, controls, or leases must meet
requirements applicable to Title III facilities under the Americans
with Disabilities Act. The requirements are those of the Americans with
Disabilities Act Accessibility Guidelines (ADAAG), as incorporated in
Department of Justice (DOJ) ADA regulations implementing Title III.
There must be an accessible path between gate and boarding area when
level entry boarding is not available to an aircraft. The ADAAG
reference in paragraph (a)(2) is to the former version of the ADAAG,
which is still the version incorporated in the DOJ rules. When DOJ
incorporates the new version of ADAAG in their Title III rules, we will
update this reference.
    Inter-terminal and intra-terminal transportation owned, leased, or
controlled by a carrier at a U.S. airport must meet DOT ADA rules.
Since DOT has already incorporated the new version of ADAAG into its
regulations, the new ADAAG's provision will apply to any features
covered by the DOT rules. One new requirement at U.S. airports is to
provide, in cooperation with the airport operator, animal relief areas
for service animals that accompany passengers who are departing,
arriving, or connecting at the facility.
    At foreign airports, to which the ADAAG do not apply, Part 382
applies a performance requirement to make sure that passengers with a
disability can readily use the facilities the carrier owns, leases, or
controls at the airport. For foreign carriers, this requirement applies
only to terminal facilities that serve flights that begin or end in the
U.S (i.e., those covered by section 382.5). Both U.S. and foreign
carriers must meet the requirements at foreign airports within one year
after the effective date of the rule. As noted elsewhere in the
preamble, carriers may rely on the facility accessibility services
provided by airport operators at foreign airports, supplementing where
needed to ensure full compliance with this rule.
    In the DHH NPRM, we proposed several requirements for U.S. and
foreign carriers at terminal facilities that they own, lease, or
control at any U.S. airport. First, we proposed a requirement that
carriers enable any existing captioning feature (preferably high-
contrast) on all televisions and other audio-visual displays providing
safety, information, or entertainment content in those portions of the
airport that are open to the general public and that they keep this
captioning feature on at all times. Second, we proposed a requirement
that in areas of restricted passenger access such as club rooms,
carriers enable any existing captioning function on televisions and
other audio and visual displays upon request. Third, we proposed a
requirement that carriers replace any televisions and other audio-
visual displays that do not have a high-contrast captioning function
with ones that do as these devices are replaced in the normal course of
operations or when the airport facilities undergo substantial
renovation or expansion. Fourth, we proposed a requirement that newly
acquired televisions and other audio-visual displays be equipped with
high-contrast captioning capability. We solicited comments both on
these proposals and on whether any carriers have leases for terminal
facilities at a U.S. airport whereby the airport retains control over
the televisions and other audio-visual displays in that facility. If
so, we said, we would consider requiring the carriers and airports to
work together to enable captioning on equipment that has captioning
capability and to replace equipment that does not have high-contrast
captioning capability with equipment that does. (We also noted that all
televisions with screens of at least 13 inches made or sold in the U.S.
since July 1, 1993, have been required to have captioning
capabilities.) We further solicited comment on whether televisions and
other audio-visual displays equipped with captioning features would
necessarily have high-contrast captioning (e.g., white letters on a
consistent black background), whether such equipment may have some type
of captioning other than ``high-contrast,'' and whether the
availability of high-contrast captioning, as opposed to low-or medium-
contrast captioning, depends on the age, cost, or screen size of the
equipment.
    None of the comments addressed the question of high- versus medium-
versus low-contrast captioning. Most of the carriers and carrier groups
that filed comments claimed not to have control over the audio-visual
equipment at their terminal facilities. The individuals and disability
organizations that filed comments strongly objected to different
standards for audio-visual equipment in areas open to all passengers
versus areas with restricted access, and all support captioning on all
such equipment at all times.
    We are modifying the language of the proposed Sec.  382.51 to make
our intentions clearer, and based on the comments, we are also adding
language that places joint responsibility for compliance on the carrier
and the airport in cases where the latter has control over the
televisions and other audio-visual equipment that this section
addresses. (To this end, we will also be amending 49 CFR Part 27,
Subpart B, to codify the requirement for airports.) We have determined,
based both on the comments from individuals and disability groups and
on the lack of objections from carriers and carrier groups, that the
same standard should apply to all equipment, whether it be in areas to
which the general public has access or in areas to which access is
limited. If such equipment has captioning capability, that capability
must be enabled at all times. These requirements do not apply to either
U.S. or foreign carriers at foreign airports.

382.53 What information must carriers give individuals with a vision
and/or hearing impairment at airports?

    With some variations for the situations of U.S. and foreign
airports, and U.S. and foreign carriers, the basic point of this
section is that at each gate, ticketing area, and customer service desk
that a carrier owns, leases, or controls, a carrier must ensure that
passengers with a disability who identify themselves as persons needing
visual or hearing assistance have prompt access to the same information
provided to other passengers. This requirement applies to a wide
variety of information, concerning such subjects as flight safety,
ticketing, flight check-in, flight delays or cancellations, schedule
changes, boarding information, connections, gate assignments, checking
baggage, volunteer solicitation on oversold flights (e.g., offers of
compensation for surrendering a reservation), individuals being paged
by airlines, aircraft changes that affect the travel of persons with
disabilities, and emergencies (e.g., fire, bomb threat).

382.55 May carriers impose security screening procedures for passengers
with disabilities that go beyond TSA requirements or those of foreign
governments?

    All passengers are subject, at U.S. airports, to TSA screening
procedures and, at foreign airports, to screening procedures
established by the law of the country in which the airport is located.
If a carrier wants to go beyond those mandated procedures, it must make
sure that it treats passengers with disabilities equally with other
passengers. Security personnel may examine assistive devices and must
provide, on request, private screenings for passengers with
disabilities requiring secondary screening.

382.57 What services must carriers provide if their automated kiosks
are inaccessible?

    The Department will seek further comment on kiosk accessibility
issues in an SNPRM. Meanwhile, if existing kiosks are inaccessible
(e.g., to wheelchair users because of height or reach issues, to
visually-impaired passengers because of issues related to visual
displays or touch screens), carriers must ensure equal treatment for
persons for disabilities who cannot use them. This can be done in a
variety of ways. For example, a passenger who cannot use the kiosk
could be allowed to come to the front of the line at the check-in
counter, or carrier personnel could meet the passenger at the kiosk and
help the passenger use the kiosk.

382.61 What are the requirements for movable aisle armrests?

    This section is very similar to the movable aisle armrest
provisions of the present rule. Armrests on at least half the aisle
seats in rows containing seats in which passengers with mobility
impairments are permitted to sit under FAA rules must be movable. If
there are no seats in which a person with a mobility impairment can sit
under FAA rules (e.g., an exit row), then that row does not constitute
part of the base from which the calculation of half the rows is made,
and of course such a row is not one in which a movable armrest is
needed.
    The provision clarifies that movable aisle armrests must be
provided proportionately in all classes of service. As discussed
elsewhere in the preamble, if the seats in a given class of service,
such as first class, can be accessed by a wheelchair user without a
movable aisle armrest being provided, the carrier may request an
equivalent alternative determination. Consistent with section 382.41,
carriers must find ways of ensuring that passengers with disabilities
can locate specific seats they can access with movable armrests.
    A carrier wishing to submit an equivalent alternative request
concerning movable armrests must show the Department that, in fact,
persons with mobility impairments using aisle and boarding wheelchairs
can transfer horizontally into a given seat without being lifted over
an armrest or other obstacle. The Department would not make such a
determination based solely on the representation of the carrier that
such transfers were possible. ``Show your work'' is the appropriate
maxim. Diagrams could be one useful part of such a showing. What the
Department recommends, however, is a video of a demonstration showing
carrier personnel actually transferring passengers with disabilities--
preferably, passengers of various sizes--into the seat or row in
question from an aisle or boarding chair.
    Carriers are not required to retrofit cabins of existing aircraft
to install movable armrests. However, if a carrier replaces any of an
aircraft's aisle seats with newly manufactured seats, at least half the
replacement seats must have movable armrests. For example, if a carrier
replaces four aisle seats with newly manufactured seats, then two of
these seats have to have movable armrests. If the carrier is replacing
an odd number of seats, a majority of the newly manufactured aisle
seats installed must have movable armrests. For example, if the carrier
is replacing five old aisle seats with newly manufactured seats, at
least three of the newly manufactured aisle seats must have movable
armrests. The Department does not intend this provision to require
carriers to have more than 50% movable armrests in the cabin, however.
For example, suppose an aircraft has 40 aisle seats, 20 of which have
movable armrests. The carrier decides to replace five aisle seats that
do not have movable armrests with newly manufactured seats. These new
seats would not have to include movable armrests.
    The timing of the application of these requirements is as follows:
Foreign carriers must comply with ``new aircraft'' requirements with
respect to planes ordered after the effective date of this Part or
delivered more than one year after the effective date of this Part.
Foreign carriers must comply with the requirement for replacement seats
(paragraph (e)) beginning on the effective date of the rule. U.S.
carriers are already subject to the requirements of this section,
except the proportionality requirement (paragraph (c)) with respect to
aircraft ordered after April 5, 1990 or delivered after April 5, 1992.
When we say ``new aircraft'' in this context, we mean aircraft that
were new at the time they were ordered by or delivered to the U.S.
carrier. U.S. carriers will have to comply with paragraph (c) for new
aircraft ordered after the effective date of this Part or which are
delivered more than one year after the effective date of this Part.
With respect to the purchase of used aircraft, in this section and
similar places, the date the aircraft was originally ordered from the
manufacturer or initially delivered by the manufacturer determines
whether the aircraft is subject to the aircraft accessibility
requirements of this Part.

382.63 What are the requirements for accessible lavatories?

    As under the present rule, only aircraft with more than one aisle
must have an accessible lavatory. U.S. carriers are already subject to
these requirements for new aircraft they ordered after April 5, 1990,
or which were delivered after April 5, 1992. Foreign carriers must
comply with respect to new aircraft ordered after the effective date of
the rule or delivered more than one year after the effective date.
    Also, if a carrier replaces a lavatory on an aircraft with more
than one aisle it must replace the lavatory with an accessible unit. A
carrier need not have more than one accessible lavatory on an

aircraft, however. This requirement already applies to U.S. carriers
for new aircraft they ordered after April 5, 1990, or which were
delivered after April 5, 1992. It will begin to apply to foreign
carriers on the effective date of the rule.

382.65 What are the requirements concerning on-board wheelchairs?

    These requirements are also patterned on the existing rule. In
aircraft with more than 60 passenger seats, carriers must provide an
on-board wheelchair if the aircraft has an accessible lavatory. In an
aircraft that has 60 or more seats that does not have an accessible
lavatory, the carrier must provide an on-board wheelchair on the
request, with advance notice, of a person who can use the inaccessible
lavatory but cannot reach it from his or her seat without use of an on-
board wheelchair. U.S. carriers are already subject to these
requirements. Foreign carriers must meet these requirements by a date
one year after the rule's effective date.
    Under the current rule, the Department had granted exemptions to
the requirement for providing a requested on-board wheelchair to two
aircraft models, the ATP and the ATR-72. These exemptions will remain
in force under the new rule.

382.67 What is the requirement for priority space in the cabin to store
a passenger's wheelchair?

    The most important change in this section from the present
regulation is that carriers are no longer required to stow any kind of
electric wheelchair in the cabin. Only manual wheelchairs are required
to be stored there. The section provides that there must be a priority
space in the cabin capable of stowing at least one adult-size manual
wheelchair of the stated dimensions. This requirement applies to
aircraft with 100 or more passenger seats. The space must be in
addition to the normal under-seat and overhead compartment storage made
available for carry-on luggage. Where a carrier plans to use a closet
or other storage area to comply with this requirement, we emphasize
that in saying priority storage we mean that the space for a wheelchair
trumps other possible uses for that closet or other storage area,
including passenger hanging bags and crew luggage. This requirement to
stow a passenger's wheelchair in the cabin is in addition to the
carrier's on-board wheelchair as required under section 382.65. This
requirement already applies to U.S. carriers for new aircraft they
ordered after April 5, 1990, or which were delivered after April 5,
1992. Foreign carriers must comply with respect to new aircraft ordered
after the effective date of the rule or delivered more than one year
after the effective date.

382.69 What requirements must carriers meet concerning the
accessibility of videos, DVDs, and other audio-visual presentations
shown on aircraft to individuals who are deaf or hard of hearing?

    This section requires carriers to ensure that all new videos, DVDs,
and other audio-visual displays played on aircraft for safety purposes,
and all such audio-visual displays played on aircraft for informational
purposes that were created under the carrier's control, are high-
contrast captioned. The captioning must be in the predominant language
or languages in which the carrier communicates with passengers on the
flight. If the carrier communicates regularly in more than one language
(e.g., French and English on a Canadian air carrier), then the
captioning must be in all of those languages. By saying that this
section applies to ``new'' videos, we mean that carriers are not
required to retrofit or replace existing videos.
    For purposes of this section, we view a video as being controlled
by a carrier not only if the carrier directly produces it, but if a
contractor or other party produces the video for the carrier's use,
with the carrier having significant editorial control or approval of
the video's content. Note that the provision about carrier control of a
video applies only to informational materials. Safety materials must be
captioned in all cases.
    The requirements of this section go into effect 180 days after the
effective date of the rule with respect to safety videos, and 240 days
after the effective date of the rule with respect to informational
videos. This timing is the same for both U.S. and foreign carriers. The
corresponding section of the current version of Part 382 permits
carriers to use a non-video alternative only if neither open captioning
nor a sign language interpreter inset can be used without so
interfering with the video as to render it ineffective. This exception
is not included in the new rule. The overall effective date of the rule
is one year after the rule is published, but, as indicated above,
carriers are not required to implement the provision concerning videos
in the new rule until 180 to 240 days after that overall effective
date. Consequently, starting on the overall effective date (i.e., one
year after the rule is published) there would be no requirement in
effect on this subject for U.S. carriers. In order to avoid such a
situation, as a bridge between the current Part 382 and the new Part
382 U.S. carriers are required to comply with a requirement identical
to the current rule's provision on safety videos between the effective
date of the new rule and 180 days after that date.

382.71 What other aircraft accessibility requirements apply to
carriers?

    This provision, like its counterpart in the existing rule, requires
maintenance of accessibility features in proper working order and tells
carriers to ensure that any replacement or refurbishing of cabin
features does not reduce existing accessibility.

382.81 For which passengers must carriers make seating accommodations?

382.83 Through what mechanisms do carriers make seating accommodations?

382.85 What seating accommodations must carriers make to passengers in
circumstances not covered by section 382.81(a) through (d)?

    Carriers must provide a seat that will accommodate a passenger with
a disability other than one listed in section 382.81(a)-(d) when the
passenger self-identifies and requests the accommodation in order to
readily access and use the carrier's air transportation service.

382.87 What other requirements pertain to seating for passengers with a
disability?

    These provisions are essentially the same as their counterparts in
the existing regulation. The provisions are broken out into additional
sections for clarity. The rule requires carriers to ensure an adequate
number of seats to handle a reasonably expectable demand for seating
accommodations of various kinds and emphasizes the need for passengers
to self-identify in order to get seating accommodations. The provisions
already apply to U.S. carriers and will apply to foreign carriers on
the effective date of the rule. The one-year delay in the effective
date of the rule following publication should be sufficient for foreign
carriers to design procedures to carry out these requirements.

382.91 What assistance must carriers provide to passengers with a
disability in moving within the terminal?

    With respect to connecting assistance, the basic mandate is the
same as under the existing rule. The arriving carrier (i.e., the one
that operates the first of the two flights that are connecting) has the
responsibility for connecting assistance. It is permissible for the two
carriers to mutually agree that the carrier operating the departing
connecting flight (i.e., the

second flight of the two) will provide this assistance, but the carrier
operating the arriving flight remains responsible under this section
for ensuring that the assistance is provided.
    The requirements concerning movement through the terminal are
clarified to say that the carrier's assistance responsibility starts at
the terminal entrance and goes through the airport to the gate for a
passenger arriving to take a flight, and vice-versa for a passenger
leaving the airport after a flight.
    One addition concerns enroute stops at the entrance to a rest room.
If the passenger is being assisted along the basic route from entrance
to gate or vice-versa, or to make a connection, and the route goes by a
rest room, the person assisting the passenger must stop and allow the
passenger to use the amenity, if doing so will not result in
unreasonable delay. To receive this assistance, the passenger must
self-identify. It could also be very helpful to a passenger to be able
to stop at a takeout food or beverage vendor that was enroute, if doing
so would would not result in an unreasonable delay. The final rule does
not require a stop for this purpose, but we believe that airlines and
airports interested in good customer service would should allow a brief
stop for this purpose.
    Another addition, applicable only in U.S. airports, is that a
carrier would, on request, and in cooperation with the airport
operator, have to escort a passenger to a service animal relief area.
Finally, carriers would have to assist passengers with disabilities in
transporting their carry-on or gate-checked luggage to or from the
gate. This obligation would arise only if the passenger could make
credible verbal assurances of his or her inability to carry the item
due to his or her disability. If the passenger's verbal assurances to
the carrier are not credible, the carrier may require the passenger to
produce documentation as a condition of providing the service. All the
services mentioned in this paragraph would be provided only on request
of a passenger with a disability.
    At foreign airports, as mentioned in connection with the terminal
accessibility section, airport operators may be the basic providers of
terminal services. The carrier may rely on these services, but would
have to supplement them if they did not fully comply with the
provisions of this Part.

382.93 Must carriers offer preboarding to passengers with a disability?

    Carrier must offer an opportunity for preboarding to passengers
with a disability who self-identify at the gate as needing additional
time or assistance to board, stow accessibility equipment, or be
seated. This obligation exists regardless of the carriers' preboarding
policies for other persons (e.g., families with small children).
Carriers are not required to make general announcements about
preboarding in the gate area specifically for passengers with
disabilities, where no preboarding announcements are made for other
types of passengers. However, as a matter of general nondiscrimination
principles, a carrier that makes a preboarding announcement in the gate
area for other types or classes of passengers would have to make the
announcement for persons with disabilities as well.

382.95 What are carriers' general obligations with respect to boarding
and deplaning assistance?

    Carriers must promptly provide assistance to passengers in getting
on and getting off aircraft. The assistance can use a variety of means
to accomplish the section's objective; examples are listed in paragraph
(a). This obligation exists at both U.S. and foreign airports.
    At U.S. airports with 10,000 or more annual enplanements, boarding
assistance must be provided through the use of lifts or ramps, where
level-entry boarding is not otherwise available (paragraph (b)).

382.97 To which aircraft does the requirement to provide boarding and
deplaning assistance through the use of lifts apply?

    At U.S. airports where lift or ramp boarding is required, the
requirement applies to aircraft with 19 or more passenger seats, with a
few stated exceptions. The Department reserves the option to expand the
list of aircraft to which the requirement does not apply, if we
determine that there is no model of boarding device on the market that
will accommodate the aircraft without a significant risk of serious
damage to the aircraft or injury to persons, or that there are internal
barriers in the aircraft that would preclude passengers who use a
boarding or aisle chair from reaching a non-exit row seat. The
Department need not amend this rule in order to make such a
determination.

382.99 What agreements must carriers have with the airports they serve?

    Consistent with the present rule, carriers serving U.S. airports
must have agreements with the airport operators to provide, operate,
and maintain lifts and ramps used to meet the boarding requirement of
section 382.95(b). This requirement already applies to U.S. carriers.
Foreign carriers would have a year from the effective date of the rule
to enter into such agreements. Foreign carriers serving a particular
airport may be able to join existing agreements among the airport and
U.S. carriers serving it, rather than starting from scratch. Foreign
carriers would have two years from the effective date of the rule to
ensure that the boarding assistance called for in this rule was
actually being provided.
    Carriers may require passengers needing lift assistance for
boarding to check in for the flight an hour before the standard check-
in time for the flight.

382.101 What other boarding and deplaning assistance must carriers
provide?

    When level-entry boarding is not required, carriers must still take
whatever actions are necessary to assist people with disabilities to
get on and off aircraft. For example, boarding and deplaning assistance
using lifts is not required at smaller U.S. airports and foreign
airports, or when severe weather or unexpected mechanical breakdowns
prevent the use of a lift. In those circumstances, airlines must still
provide enplaning and deplaning assistance by other available means,
such as by placing the passenger in a boarding chair and carrying him
or her up the boarding stairs unless the design of the aircraft (e.g.,
the Fairchild Metro, the Jetstream 31 and 32, the Beech 1900 (C and D
models) and the Embraer EMB-120) makes this impossible. The only
limitation on the means of providing this assistance is that hand-
carrying by carrier personnel as defined in that section is prohibited,
except in situations of an emergency evacuation where no other timely
means of assistance is available.

382.103 May a carrier leave a passenger unattended in a wheelchair or
other device?

    The carrier and its contractors may not leave a passenger
unattended in a wheelchair or other device in which the passenger is
not independently mobile for more than 30 minutes.

382.105 What is the responsibility of carriers at foreign airports at
which airport operators have responsibility for enplaning, deplaning,
or connecting assistance?

    This section reemphasizes that at a foreign airport where airport
operators have this responsibility, both U.S and foreign carriers can
rely on the airport operator's services. If these services do not fully
meet the requirements of this

Part, then the carrier must supplement the airport operator's services
to ensure that the requirements are met. If a carrier believes that it
is legally precluded from supplementing the airport operator's
services, it can apply for a conflict of laws waiver.

382.111 What services must carriers provide to passengers with a
disability on board the aircraft?

382.113 What services are carriers not required to provide to
passengers with a disability on board the aircraft?

    These sections are parallel to their counterparts in the existing
rule. Personal care services like assistance in actual eating and
drinking are not required, but more limited assistance such as
assisting with the opening of packages is required.

382.115 What requirements apply to on-board safety briefings?

    This provision also parallels its counterpart in the existing rule.

382.117 Must carriers permit passengers with a disability to travel
with service animals?

    This section has been made more detailed than the current rule's
service animal provision, in response to the comments discussed earlier
in the preamble. Appendix A provides further guidance to carriers and
passengers concerning service animals.
    The general rule is that service animals must be allowed to
accompany their users. Carriers cannot deny transportation to a service
animal because its presence may offend or annoy other passengers (e.g.,
by causing an allergic reaction that does not rise to the level of a
disability or by offending someone's cultural or personal preferences).
When another passenger is uncomfortable with proximity to a service
animal, the carrier should do its best to satisfy all passengers by
offering the uncomfortable passenger the opportunity to sit elsewhere.
Forcing the passenger with the service animal to move to another seat
to make another passenger more comfortable, let alone denying
transportation in the cabin to the service animal or its user, is not
an option.
    If a flight segment is scheduled to take eight hours or more, the
carrier may require documentation that the service animal will not need
to relieve itself or can do so in a way that will not create a health
or sanitation issue on the flight.
    The only acceptable reason for not allowing a service animal to
accompany its user at the user's seat is that the animal will block a
space that, according to FAA or equivalent foreign safety regulations,
must remain unobstructed. If, for this reason, the animal cannot be
accommodated at the user's seat, the carrier must allow the passenger
and the animal to sit elsewhere on the aircraft, if an appropriate
place exists.
    There are new, more detailed procedures for the carriage of
emotional support and psychiatric service animals. The carrier may
require the passenger to provide current documentation from a mental
health professional caring for the passenger that the passenger has a
specific, recognized mental or emotional disability and that the
passenger needs to be accompanied by the specific emotional support or
psychiatric service animal in question, either on the flight or at the
passenger's destination.
    Certain unusual service animals need never be accommodated (e.g.,
rodents, snakes). Other uncommonly used animals (e.g., miniature
horses, monkeys) can travel as service animals on U.S. carriers, but
the carrier can decide to exclude a particular animal on a case-by-case
basis if it is too large or heavy to be accommodated on a given flight.
Foreign carriers are not required to carry service animals other than
dogs. We will seek further comment in the SNPRM on whether there are
safety-related reasons for excluding animals that may be specific to
foreign carriers.
    Near the end of this preamble, the Department has included a
revised guidance document containing further discussion of service
animal matters. With the exception of changes discussed earlier in the
preamble, this guidance document incorporates the guidance the
Department issued on service animal matters in May 2003. As guidance,
it does not have independent mandatory effect, but rather describes how
the Department understands the requirements of section 382.117. It also
makes suggestions and recommendations concerning how carriers can best
accommodate service animals and their users.
    The guidance document notes that carriers can properly apply the
same policies to ``psychiatric service animals'' as they do for
emotional support animals. This is because carriers and the Department
have encountered instances of attempted abuse of service animal
transportation policies by persons traveling with animals in both
categories. Should the Department encounter a pattern of abuse
concerning service animals in other categories, we can consider
additional safeguards with respect to those categories as well.
    We would call also readers'' attention to recent DOT guidance
concerning the transportation of service animals into the United
Kingdom. ``Guidance Concerning the Carriage of Services Animals in Air
Transportation Into the United Kingdom'' (February 26, 2007) discusses
the transportation of service dogs and cats into the U.K. via U.S. and
foreign carriers. To transport service animals into the U.K., carriers
must participate in the U.K. Pet Travel Scheme. A supplementary DOT
guidance document, ``Carriage of Service Animals in Air Transportation
Into the United Kingdom and Foreign Health Documentation Requirements
for Service Animals in Air Transportation'' (July 17, 2007), provides
further information for carriers and the public concerning carriage of,
and documentation needed for, carriage of service animals into
countries other than the U.K.
    These documents may be found on the Department's Aviation Consumer
Protection Division website.

382.119 What information must carriers give individuals with vision or
hearing impairment on aircraft?

    This section requires that carriers ensure that passengers with a
disability who identify themselves as needing visual or hearing
assistance have prompt access to the same information provided to other
passengers on the aircraft. In providing this information, carriers are
not required to take steps that would interfere with crewmembers'
safety duties as set forth in FAA and applicable foreign regulations.
    The covered information includes, but is not limited to,
information concerning flight safety, procedures for takeoff and
landing, flight delays, schedule or aircraft changes that affect the
travel of persons with disabilities, diversion to a different airport,
scheduled departure and arrival time, boarding information, weather
conditions at the flight's destination, beverage and menu information,
connecting gate assignments, baggage claim (e.g., at which carousel an
arriving flight's bags may be retrieved), individuals being paged by
airlines, and emergencies (e.g., fire or bomb threat). The requirement
of this section applies whether the information is provided to
passengers by the carrier in the aircraft or in the terminal (e.g., the
gate area).
    We intend to require carriers to provide information that a
reasonable consumer would deem important, even if it falls outside the
list in Sec.  382.119(b). Conversely, carriers are not required to
provide information that a reasonable consumer would not deem
important. For example, we do not consider information on sightseeing
at the flight's destination or an announcement that the

aircraft is flying over the Grand Canyon to be covered by this rule.

382.121 What mobility aids and other assistive devices may passengers
with a disability bring into the aircraft cabin?

    Passengers may bring manual, but not electric wheelchairs, other
mobility aids (e.g., canes, including those used by blind passengers),
and other assistive devices (e.g., POCs), as well as prescription
medications and any medical devices needed to administer them (e.g.,
syringes, auto-injectors), as long as they comply with applicable
safety, security and hazardous materials rules. These devices and aids
cannot be counted against the airline's carry-on limits.

382.123 What are the requirements concerning priority cabin stowage for
wheelchairs and other assistive devices?

    This section is related to the requirements for priority stowage
spaces in section 382.67 and an opportunity to preboard in section
382.93. A passenger who takes advantage of the offer to preboard can
stow his or her wheelchair in the aircraft's priority stowage area,
with priority over other passengers' items brought onto the aircraft at
the same airport, consistent with applicable safety and security
regulatory requirements. The passenger's wheelchair also takes priority
over items that may be stowed in the space by the carrier and its
personnel, such as on-board wheelchairs or crew luggage, even if these
items came on board at an earlier stop of the plane's itinerary. If
such items are in the space when a wheelchair user comes on board, they
must be moved to accommodate the passenger's wheelchair. Carriers must
also offer this opportunity for other assistive devices, though
wheelchairs retain priority. Passengers with wheelchairs or other
assistive devices who do not preboard must still be allowed to use the
priority stowage areas for their devices, but their use of the space is
on a first-come-first-served basis with respect to other passengers'
items.
    Some U.S. carriers have used the so-called ``seat-strapping''
method of securing passengers' wheelchairs in the cabin, usually in
situations in which, contrary to the existing rule in some cases,
aircraft did not have closets or other spaces capable of accommodating
the wheelchairs. The Department does not believe that this is a good
long-term approach to carrying passenger wheelchairs in the cabin,
especially in these times of frequently full flights. The Department
emphasizes that providing priority stowage spaces as required by
section 382.67 is essential. To limit the ability of carriers to use
the seat-strapping method as a way of getting around the designated
priority stowage requirement, carriers may not use the seat-strapping
method in any aircraft ordered after the effective date of this Part or
delivered more than two years after the rule's effective date.

382.125 What procedures do carriers follow when wheelchairs, other
mobility aids, and other assistive devices must be stowed in the cargo
compartment?

    As under the current rule, electric wheelchairs and other devices
that are not required to be stowed in the cabin must be transported in
the cargo compartment. These items have priority over other passengers'
items. If other passengers' items are bumped as a result, the carrier
must use its best efforts to ensure that they are delivered to the
passenger's destination on the carrier's next flight. This may be a
flight within an hour or two with respect to a domestic destination; it
could be a matter of days with respect to some carriers' international
flights.

382.127 What procedures apply to the stowage of battery-powered
mobility aids?

    This provision does not make substantive changes from its
counterpart in the existing rule, except to say that carriers may
require a passenger wishing to check his or her device to check in an
hour before the standard check-in time for the flight. DOT's Pipeline
and Hazardous Materials Safety Administration (PHMSA) has issued a
special permit which may affect procedures for handling power
wheelchairs (see PHMSA ``Special Permit 14548'' dated October 5, 2007,
and revised on October 30, 2007.)

382.129 What other requirements apply when passengers' wheelchairs,
other mobility aids, and other assistive devices must be disassembled
for stowage?

382.131 Do baggage liability limits apply to mobility aids and other
assistive devices?

    These provisions are substantively the same as their counterparts
in the existing rule. Carriers and passengers should note that section
382.131 applies only to domestic U.S. travel. Baggage liability limits
for international travel, including flights of U.S. carriers, are
governed by the Montreal Convention and other international agreements,
rather than by 14 CFR Part 254.

382.133 What are the requirements concerning the evaluation and use of
passenger-owned electronic devices that assist passengers with
respiration in the cabin during flight and do not contain hazardous
materials?

    The basic point of this section is that, with minor exceptions,
carriers must permit passengers with a disability to use a portable
oxygen concentrator (POC) and other respiratory assistive devices in
the cabin. Such devices must meet FAA or foreign government
requirements, as applicable, and display a manufacturer's label that
indicates that the device meets the FAA or foreign government
requirements.
    When a passenger asks a carrier about bringing his or her
electronic respiratory assistive device, the carrier must tell the
passenger about the requirements for carrying such a device on board,
touching on such matters as meeting FAA requirements, having the
manufacturer's label, bringing an adequate number of fully charged
batteries, any check-in or advance notice requirements, medical
certificate requirements, and the expected duration of the flight.
Carriers may insist on passengers bringing on board fully charged
batteries adequate to last for 150 percent of the expected maximum
flight duration. If a passenger does not comply with the conditions
outlined in the rule, the carrier can deny him or her transportation on
the flight.

382.141 What training are carriers required to provide for their
personnel?

    This section continues, for the most part, the requirements of the
existing rule. There are a few differences, in view of the rule's
application to foreign carriers. The requirement to consult with
disability groups now focuses on disability groups in the carrier's
home country. If such groups are not available, consulting with
individuals with disabilities or disability groups in other countries
is appropriate.

382.143 When must carriers complete training for their personnel?

    Employees of U.S. carriers that have already received initial
training must be trained on changes to Part 382 at their next recurrent
training after the rule goes into effect or within one year after the
effective date of the rule, whichever comes first. New crewmembers have
to be trained before they assume their duties. Other employees new to a
position must be trained within 60 days after starting their jobs.
Current employees of foreign carriers that serve flights covered by the
rule must be trained within a year after the effective

date of the rule. After that date, new crewmembers must be trained
before assuming their duties, and other new employees within 60 days
after when they assume their duties. For employees who fall in between
these categories--those who start work during the first year after the
effective date of the rule--training must occur before the second
anniversary of the effective date of the rule or 60 days from their
start date, whichever is later.
    While the rule provides a reasonable amount of time for employees
to be trained, carriers are nevertheless responsible for violations
that occur between the effective date of the rule and the training
deadlines. We strongly encourage carriers to expedite their training
schedules so that as many employees as possible are trained by the
final rule's effective date.
    To ensure that foreign carriers have resource persons to deal with
disability issues as soon as possible, foreign carriers will have to
complete training for CROs, and U.S. carriers will have to complete
training for CROs about changes in Part 382, by the effective date of
the rule. Given the critical role played by CROs in carriers'
implementation of the rule, it is essential for CROs to be trained
before the rule becomes effective. U.S. carriers have been subject to
requirements to train CROs under the existing rule, and additional
training for these CROs should be limited in scope, since it would need
only to cover changes between the existing rule and this final rule.
Since foreign carriers will have a year between the publication of the
rule and its effective date, they too should have adequate time to
train CROs by the effective date of the rule.

382.145 What records concerning training must carriers retain?

    Carriers must maintain records of the procedures they use to comply
with this rule, including those portions of manuals and other
instructional materials concerning Part 382 compliance, and individual
employee training records. Training records must be retained for three
years. Carriers are not to send these materials to DOT for review, but
it must be made available to the Department if we ask to look at it. If
we determine that something in these materials needs to be changed in
the interest of compliance with the rule, the carrier must make the
changes the Department directs.

382.151 What are the requirements for providing Complaints Resolution
Officials?

    The CRO requirement is essentially the same as under the current
rule. U.S. carriers must make a CRO available--either in person or via
telephone--at each airport the carrier serves, at all times the carrier
is operating at the airport. Foreign carriers must make a CRO available
at each airport serving flights the carrier operates that begin or end
at a U.S. airport. The Department realizes that, in some cases,
carriers operate covered flights infrequently. For example, a foreign
carrier may fly from Dulles to a foreign airport only at 5 p.m. on
Mondays and Thursdays. On other days, and on Monday and Thursday
mornings for that matter, the foreign airline would not have to make a
CRO available to persons at Dulles. CRO services would have to be made
available in languages in which the carrier provides services to the
general public.
    This rule clarifies that carriers are responsible for making
passengers aware of the availability of a CRO in some circumstances
even if the passenger does not say ``I want to talk to a CRO.'' If a
passenger raises a disability-related concern, and the carrier's
personnel do not immediately resolve the issue to the customer's
satisfaction, the carrier must say, in effect, ``We have a CRO
available that you can talk to about this problem if you want to. The
CRO is our resource person who can help solve disability-related
issues. Here is where you can find, or call, our CRO.''
    CROs must have authority to definitively resolve complaints. This
means they must have the power to overrule decisions of other carrier
personnel, except that they are not required to have authority to
countermand a safety decision of a pilot-in-command of an aircraft. Of
course, even decisions of pilots, if they later are shown to be in
noncompliance with this rule, can subject the carrier to DOT
enforcement action.

382.153 What actions do CROs take on complaints?

382.155 How must carriers respond to written complaints?

    CROs are to promptly take action to resolve complaints made to
them. In some cases, CROs can take quick action to prevent a potential
violation (e.g., a threatened denial of service) from becoming a real
violation. If a CRO determines that a violation has already occurred,
the CRO must write the complainant and describe the carrier's
corrective action. Of course, not all complaints have merit, and if the
CRO decides that a violation did not occur, the CRO must also write the
complainant and explain this determination. CRO responses are due 30
days from the date of the complaint.
    Often, complaints to carriers may be made in writing (letters, e-
mails etc.). These complaints may or may not have been processed
through the carrier's CRO, though they need to state whether a CRO was
involved. Except for complaints DOT refers to a carrier, the carrier is
not required to respond to a complaint transmitted more than 45 days
after the incident in question. The carrier must respond within 30
days.

382.157 What are carriers obligations for recordkeeping and reporting
on disability-related complaints?

    This section is identical to the current regulatory provision on
disability-related complaint reporting. The language referring to
carriers ``covered by this Part'' is not intended to change the scope
of the existing provision, which refers to carriers conducting
passenger operations with at least one aircraft having a designed
seating capacity of more than 60 seats on flights to, from, or in the
United States.

382.159 How are complaints filed with DOT?

    Changes from the corresponding provision of the existing regulation
include a time frame for filing informal complaints, a change of postal
address for sending an informal complaint by mail, and the Web address
for filing an informal complaint on the Air Consumer Web site.

Appendix A--Disability Complaint Reporting Form

    This appendix contains the form carriers use to submit disability-
related complaint data.

Appendix B--Cross-Reference Table

    This appendix provides, for the convenience of readers, information
on where material found in a given section of the existing version of
Part 382 is found in the new version of Part 382.

Guidance Concerning Service Animals

Introduction

    In 1990, the U.S. Department of Transportation (DOT) promulgated
the official regulations implementing the Air Carrier Access Act
(ACAA). Those rules are entitled Nondiscrimination on the Basis of
Disability in Air Travel (14 CFR part 382). Since then the number of
people with disabilities traveling by air has grown steadily. This
growth has

increased the demand for air transportation accessible to all people
with disabilities and the importance of understanding DOT's regulations
and how to apply them. This document expands on an earlier DOT guidance
document published in 1996,\3\ which was based on an earlier Americans
with Disabilities Act (ADA) service animal guide issued by the
Department of Justice (DOJ) in July 1996. The purpose of this document
is to aid airline employees and people with disabilities in
understanding and applying the ACAA and the provisions of Part 382 with
respect to service animals in determining:
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    \3\ 61 FR 56409, 56420 (Nov. 1, 1996).
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    (1) Whether an animal is a service animal and its user a qualified
individual with a disability;
    (2) How to accommodate a qualified person with a disability with a
service animal in the aircraft cabin; and
    (3) When a service animal legally can be refused carriage in the
cabin.
    This guidance will also be used by Department of Transportation
staff in reviewing the implementation of Sec.  382.117 of this Part by
carriers.

Background

    The 1996 DOT guidance document defines a service animal as ``any
guide dog, signal dog, or other animal individually trained to provide
assistance to an individual with a disability. If the animal meets this
definition, it is considered a service animal regardless of whether it
has been licensed or certified by a state or local government.'' This
document refines DOT's previous definition of service animal \4\ by
making it clear that animals that assist persons with disabilities by
providing emotional support qualify as service animals and ensuring
that, in situations concerning emotional support animals and
psychiatric service animals, the authority of airline personnel to
require documentation of the individual's disability and the medical
necessity of the passenger traveling with the animal is understood.
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    \4\ See Glossary for definition of this and other terms.
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    Today, both the public and people with disabilities use many
different terms to identify animals that can meet the legal definition
of ``service animal.'' These range from umbrella terms such as
``assistance animal'' to specific labels such as ``hearing,''
``signal,'' ``seizure alert,'' ``psychiatric service,'' ``emotional
support'' animal, etc., that describe how the animal assists a person
with a disability.
    When Part 382 was first promulgated, most service animals were
guide or hearing dogs. Since then, a wider variety of animals (e.g.
cats, monkeys, etc.) have been individually trained to assist people
with disabilities. Service animals also perform a much wider variety of
functions than ever before (e.g., alerting a person with epilepsy of
imminent seizure onset, pulling a wheelchair, assisting persons with
mobility impairments with balance). These developments can make it
difficult for airline employees to distinguish service animals from
pets, especially when a passenger does not appear to be disabled, or
the animal has no obvious indicators that it is a service animal.
Passengers may claim that their animals are service animals at times to
get around airline policies that restrict the carriage of pets. Clear
guidelines are needed to assist airline personnel and people with
disabilities in knowing what to expect and what to do when these
assessments are made.
    Since airlines also are obliged to provide all accommodations in
accordance with FAA safety regulations, educated consumers help assure
that airlines provide accommodations consistent with the carriers'
safety duties and responsibilities. Educated consumers also assist the
airline in providing them the services they want, including
accommodations, as quickly and efficiently as possible.

General Requirements of Part 382

    In a nutshell, the main requirements of Part 382 regarding service
animals are:
     Carriers shall permit dogs and other service animals used
by persons with disabilities to accompany the persons on a flight. See
Sec.  382.117(a).
    [rtarr9] Carriers shall accept as evidence that an animal is a
service animal identifiers such as identification cards, other written
documentation, presence of harnesses, tags or the credible verbal
assurances of a qualified individual with a disability using the
animal.
    [rtarr9] Carriers shall permit a service animal to accompany a
qualified individual with a disability in any seat in which the person
sits, unless the animal obstructs an aisle or other area that must
remain unobstructed in order to facilitate an emergency evacuation or
to comply with FAA regulations.
     If a service animal cannot be accommodated at the seat
location of the qualified individual with a disability whom the animal
is accompanying, the carrier shall offer the passenger the opportunity
to move with the animal to a seat location in the same class of
service, if present on the aircraft, where the animal can be
accommodated, as an alternative to requiring that the animal travel in
the cargo hold (see Sec.  382.117(c)).
     Carriers shall not impose charges for providing
facilities, equipment, or services that are required by this Part to be
provided to qualified individuals with a disability (see Sec.  382.31).

Two Steps for Airline Personnel

    To determine whether an animal is a service animal and should be
allowed to accompany its user in the cabin, airline personnel should:
    1. Establish whether the animal is a pet or a service animal, and
whether the passenger is a qualified individual with a disability; and
then
    2. Determine if the service animal presents either:
     A ``direct threat to the health or safety of others,'' or
     A significant threat of disruption to the airline service
in the cabin (i.e., a ``fundamental alteration'' to passenger service).
See Sec.  382.19(c).

Service Animals

How do I know it's a service animal and not a pet?
    Remember: In most situations the key is training. Generally, a
service animal is individually trained to perform functions to assist
the passenger who is a qualified individual with a disability. In a few
extremely limited situations, an animal such as a seizure alert animal
may be capable of performing functions to assist a qualified person
with a disability without individualized training. Also, an animal used
for emotional support need not have specific training for that
function. Similar to an animal that has been individually trained, the
definition of a service animal includes: An animal that has been shown
to have the innate ability to assist a person with a disability; or an
emotional support animal.
    These five steps can help one determine whether an animal is a
service animal or a pet:
    1. Obtain credible verbal assurances: Ask the passenger: ``Is this
your pet?'' If the passenger responds that the animal is a service
animal and not a pet, but uncertainty remains about the animal,
appropriate follow-up questions would include:
    [rtarr9] ``What tasks or functions does your animal perform for
you?'' or
    [rtarr9] ``What has it been trained to do for you?'' or
    [rtarr9] ``Would you describe how the animal performs this task (or
function) for you?''

     As noted earlier, functions include, but are not limited
to:
    A. Helping blind or visually impaired people to safely negotiate
their surroundings;
    B. Alerting deaf and hard-of-hearing persons to sounds;
    C. Helping people with mobility impairments to open and close
doors, retrieve objects, transfer from one seat to another, maintain
balance; or
    D. Alert or respond to a disability-related need or emergency
(e.g., seizure, extreme social anxiety or panic attack).
     Note that to be a service animal that can properly travel
in the cabin, the animal need not necessarily perform a function for
the passenger during the flight. For example, some dogs are trained to
help pull a passenger's wheelchair or carry items that the passenger
cannot readily carry while using his or her wheelchair. It would not be
appropriate to deny transportation in the cabin to such a dog.
     If a passenger cannot provide credible assurances that an
animal has been individually trained or is able to perform some task or
function to assist the passenger with his or her disability, the animal
might not be a service animal. In this case, the airline personnel may
require documentation (see Documentation below).
     There may be cases in which a passenger with a disability
has personally trained an animal to perform a specific function (e.g.,
seizure alert). Such an animal may not have been trained through a
formal training program (e.g., a ``school'' for service animals). If
the passenger can provide a reasonable explanation of how the animal
was trained or how it performs the function for which it is being used,
this can constitute a ``credible verbal assurance'' that the animal has
been trained to perform a function for the passenger.
    2. Look for physical indicators on the animal: Some service animals
wear harnesses, vests, capes or backpacks. Markings on these items or
on the animal's tags may identify it as a service animal. It should be
noted, however, that the absence of such equipment does not necessarily
mean the animal is not a service animal. Similarly, the presence of a
harness or vest on a pet for which the passenger cannot provide such
credible verbal assurance may not be sufficient evidence that the
animal is, in fact, a legitimate service animal.
    3. Request documentation for service animals other than emotional
support or psychiatric service animals: The law allows airline
personnel to ask for documentation as a means of verifying that the
animal is a service animal, but DOT's rules tell carriers not to
require documentation as a condition for permitting an individual to
travel with his or her service animal in the cabin unless a passenger's
verbal assurance is not credible. In that case, the airline may require
documentation as a condition for allowing the animal to travel in the
cabin. This should be an infrequent situation. The purpose of
documentation is to substantiate the passenger's disability-related
need for the animal's accompaniment, which the airline may require as a
condition to permit the animal to travel in the cabin. Examples of
documentation include a letter from a licensed professional treating
the passenger's condition (e.g., physician, mental health professional,
vocational case manager, etc.)
    4. Require documentation for emotional support and psychiatric
service animals: With respect to an animal used for emotional support
(which need not have specific training for that function but must be
trained to behave appropriately in a public setting), airline personnel
may require current documentation (i.e., not more than one year old) on
letterhead from a licensed mental health professional stating (1) that
the passenger has a mental health-related disability listed in the
Diagnostic and Statistical Manual of Mental Disorders (DSM IV); (2)
that having the animal accompany the passenger is necessary to the
passenger's mental health or treatment; (3) that the individual
providing the assessment of the passenger is a licensed mental health
professional and the passenger is under his or her professional care;
and (4) the date and type of the mental health professional's license
and the state or other jurisdiction in which it was issued. Airline
personnel may require this documentation as a condition of permitting
the animal to accompany the passenger in the cabin. The purpose of this
provision is to prevent abuse by passengers that do not have a medical
need for an emotional support animal and to ensure that passengers who
have a legitimate need for emotional support animals are permitted to
travel with their service animals on the aircraft. Airlines are not
permitted to require the documentation to specify the type of mental
health disability, e.g., panic attacks.
    There is a separate category of service animals generally known as
``psychiatric service animals.'' These animals may be trained by their
owners, sometimes with the assistance of a professional trainer, to
perform tasks such as fetching medications, reminding the user to take
medications, helping people with balance problems caused by medications
or an underlying condition, bringing a phone to the user in an
emergency or activating a specially equipped emergency phone, or acting
as a buffer against other people crowding too close. As with emotional
support animals, it is possible for this category of animals to be a
source of abuse by persons attempting to circumvent carrier rules
concerning transportation of pets. Consequently, it is appropriate for
airlines to apply the same advance notice and documentation
requirements to psychiatric service animals as they do to emotional
support animals.
    5. Observe behavior of animals: Service animals are trained to
behave properly in public settings. For example, a properly trained
guide dog will remain at its owner's feet. It does not run freely
around an aircraft or an airport gate area, bark or growl repeatedly at
other persons on the aircraft, bite or jump on people, or urinate or
defecate in the cabin or gate area. An animal that engages in such
disruptive behavior shows that it has not been successfully trained to
function as a service animal in public settings. Therefore, airlines
are not required to treat it as a service animal, even if the animal
performs an assistive function for a passenger with a disability or is
necessary for a passenger's emotional well-being.
What about service animals in training?
    Part 382 requires airlines to allow service animals to accompany
their handlers \5\ in the cabin of the aircraft, but airlines are not
required otherwise to carry animals of any kind either in the cabin or
in the cargo hold. Airlines are free to adopt any policy they choose
regarding the carriage of pets and other animals (e.g., search and
rescue dogs) provided that they comply with other applicable
requirements (e.g., the Animal Welfare Act). Although ``service animals
in training'' are not pets, the ACAA does not include them, because
``in training'' status indicates that they do not yet meet the legal
definition of service animal. However, like pet policies, airline
policies regarding service animals in training vary. Some airlines
permit qualified trainers to bring service animals in training aboard
an aircraft for training purposes. Trainers of service animals should
consult with airlines, and become familiar with their policies.
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    \5\ Service animal users typically refer to the person who
accompanies the animal as the ``handler.''

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

Qualified Individuals with Disabilities \6\
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    \6\ See Glossary.
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How do I know if a passenger is a qualified individual with a
disability who is entitled to bring a service animal in the cabin of
the aircraft if the disability is not readily apparent?
     Ask the passenger about his or her disability as it
relates to the need for a service animal. Once the passenger identifies
the animal as a service animal, you may ask, ``How does your animal
assist you with your disability?'' Avoid the question ``What is your
disability?'' as this implies you are asking for a medical label or the
cause of the disability, which is intrusive and inconsistent with the
intent of the ACAA. Remember, Part 382 is intended to facilitate travel
by people with disabilities by requiring airlines to accommodate them
on an individual basis.
     Ask the passenger whether he or she has documentation as a
means of verifying the medical necessity of the passenger traveling
with the animal. Keep in mind that you can ask but cannot require
documentation as proof of service animal status UNLESS (1) a
passenger's verbal assurance is not credible and the airline personnel
cannot in good faith determine whether the animal is a service animal
without documentation, or (2) a passenger indicates that the animal is
to be used as an emotional support or psychiatric service animal.
     Using the questions and other factors above, you must
decide whether it is reasonable to believe that the passenger is a
qualified individual with a disability, and the animal is a service
animal.

Denying a Service Animal Carriage in the Cabin

What do I do if I believe that carriage of the animal in the cabin of
the aircraft would inconvenience non-disabled passengers?
    Part 382 requires airlines to permit qualified individuals with a
disability to be accompanied by their service animals in the cabin, as
long as the animals do not (1) pose a direct threat to the health or
safety of others (e.g., animal displays threatening behaviors by
growling, snarling, lunging at, or attempting to bite other persons on
the aircraft) or (2) cause a significant disruption in cabin service
(i.e., a ``fundamental alteration'' to passenger service). Offense or
inconvenience to other passengers (e.g., a cultural or personal
discomfort with being in proximity to certain kinds of animals,
allergies that do not rise to the level of a disability, reasonable
limitations on foot space) is not sufficient grounds to deny a service
animal carriage in the cabin. However, carriers should try to
accommodate the wishes of other passengers in this situation, such as
by relocating them to a different part of the aircraft.
What do I do if a passenger claims that he or she is allergic to
someone else's service animal?
     First, remember that not all allergies rise to the level
of a disability. The fact that someone may have a stuffy nose or sneeze
when exposed to dog or cat dander does not necessarily mean that the
individual has a disability.
     If a passenger expresses discomfort or annoyance because
of an allergic reaction to the presence of a service animal nearby, you
can offer the uncomfortable passenger the opportunity to change to a
seat further away from the animal. Passengers who state they have
allergies or other animal aversions should be located as far away from
the service animal as practicable. Each individual's needs should be
addressed to the fullest extent possible under the circumstances and in
accordance with the requirements of Part 382 and company policy.
     If a passenger provides credible verbal assurances, or
medical documentation, that he or she has an allergy to a particular
sort of animal that rises to the level of a disability (e.g., produces
shock or respiratory distress that could require emergency or
significant medical treatment), and there is a service animal of that
kind seated nearby, the carrier should try to place as much distance as
possible between the service animal and the individual with the
allergy. Depending on where the passengers are initially seated, this
could involve moving both passengers. For example, if both are seated
toward the center of the cabin, one could be moved to the front and the
other to the back.
     It is unlikely that the mere presence of an animal in the
same cabin would, by itself, even if located at a distance from an
allergic passenger, produce a severe allergic reaction rising to the
level of a disability. However, if there was strong evidence that this
was the case, it could be necessary to rebook one of the passengers on
another flight. Since one disability does not trump another, the
carrier should consider a disability-neutral means of determining which
passenger would have to be rebooked (e.g., which passenger made the
earlier reservation). We emphasize that we expect any such situation to
be extremely rare, and that carriers should not rebook a passenger
absent strong evidence that the mere presence of an animal in the
cabin, even in a location distant from the allergic passenger, would
produce an allergic reaction rising to the level of a disability.
     There may be situations in which, with respect to a
passenger who brings a very serious potential allergy situation to the
attention of your personnel, it is appropriate to seek a medical
certificate for the passenger.
What do I do if I believe that a passenger's assertions about having a
disability or a service animal are not credible?
     Ask if the passenger has documentation that satisfies the
requirements for determining that the animal is a service animal (see
discussion of ``Documentation'' above).
     If the passenger has no documents, then explain to the
passenger that the animal cannot be carried in the cabin, because it
does not meet the criteria for service animals. Explain your airline's
policy on pets (i.e., will or will not accept for carriage in the cabin
or cargo hold), and what procedures to follow.
     If the passenger does not accept your explanation, avoid
getting into an argument. Ask the passenger to wait while you contact
your airline's complaint resolution official (CRO). Part 382 requires
all airlines to have a CRO available at each airport they serve during
all hours of operation. The CRO may be made available by telephone. The
CRO is a resource for resolving difficulties related to disability
accommodation.
     Consult with the CRO immediately, if possible. The CRO
normally has the authority to make the final decision regarding
carriage of service animals. In

the rare instance that a service animal would raise a concern regarding
flight safety, the CRO may consult with the pilot-in-command. If the
pilot-in-command makes a decision to restrict the animal from the cabin
or the flight for safety reasons, the CRO cannot countermand the
pilot's decision. This does not preclude the Department from taking
subsequent enforcement action, however, if it is determined that the
pilot's decision was inconsistent with Part 382.
     If a CRO makes the final decision not to accept an animal
as a service animal, then the CRO must provide a written statement to
the passenger within 10 days explaining the reason(s) for that
determination. If carrier personnel other than the CRO make the final
decision, a written explanation is not required; however, because
denying carriage of a legitimate service animal is a potential civil
rights violation, it is recommended that carrier personnel explain to
the passenger the reason the animal will not be accepted as a service
animal. A recommended practice may include sending passengers whose
animals are not accepted as service animals a letter within 10 business
days explaining the basis for such a decision.
    In considering whether a service animal should be excluded from the
cabin, keep these things in mind:
     Certain unusual service animals (e.g., snakes, other
reptiles, ferrets, rodents, and spiders) pose unavoidable safety and/or
public health concerns and airlines are not required to transport them.
     In all other circumstances for U.S. carriers, each
situation must be considered individually. Do not make assumptions
about how a particular unusual animal is likely to behave based on past
experience with other animals. You may inquire, however, about whether
a particular animal has been trained to behave properly in a public
setting. Note that, under the 2008 final rule, foreign carriers are not
required to carry animals other than dogs.
     Before deciding to exclude the animal, you should consider
and try available means of mitigating the problem (e.g., muzzling a dog
that barks frequently, allowing the passenger a reasonable amount of
time under the circumstances to correct the disruptive behavior,
offering the passenger a different seat where the animal won't block
the aisle.)
    If it is determined that the animal should not accompany the
disabled passenger in the cabin at this time, offer the passenger
alternative accommodations in accordance with Part 382 and company
policy (e.g., accept the animal for carriage in the cargo compartment
at no cost to the passenger).
What about unusual service animals?
     As indicated above, certain unusual service animals,
(e.g., snakes, other reptiles, ferrets, rodents, and spiders) pose
unavoidable safety and/or public health concerns and airlines are not
required to transport them. The release of such an animal in the
aircraft cabin could result in a direct threat to the health or safety
of passengers and crewmembers. For these reasons, airlines are not
required to transport these types of service animals in the cabin, and
carriage in the cargo hold will be in accordance with company policies
on the carriage of animals generally.
     Other unusual animals such as miniature horses, pigs, and
monkeys should be evaluated on a case-by-case basis by U.S. carriers.
Factors to consider are the animal's size, weight, state and foreign
country restrictions, and whether or not the animal would pose a direct
threat to the health or safety of others, or cause a fundamental
alteration (e.g., significant disruption) in the cabin service. If none
of these factors apply, the animal may accompany the passenger in the
cabin. In most other situations, the animal should be carried in the
cargo hold in accordance with company policy. Under the 2008 final
rule, foreign carriers are not required to transport animals other than
dogs.

Miscellaneous Questions

What about the passenger who has two or more service animals?
     A single passenger legitimately may have two or more
service animals. In these circumstances, you should make every
reasonable effort to accommodate them in the cabin in accordance with
Part 382 and company policies on seating. This might include permitting
the passenger to purchase a second seat so that the animals can be
accommodated in accordance with FAA safety regulations. You may offer
the passenger a seat on a later flight if the passenger and animals
cannot be accommodated together at a single passenger seat. Airlines
may not charge passengers for accommodations that are required by Part
382, including transporting service animals in the cargo compartment.
If carriage in the cargo compartment is unavoidable, notify the
destination station to return the service animal(s) to the passenger at
the gate as soon as possible, or to assist the passenger as necessary
to retrieve them in the appropriate location.
Are there any situations in which an animal would not be permitted to
accompany its user on the flight?
    The only situation in which the rule contemplates that a service
animal would not be permitted to accompany its user at his or her seat
is where the animal blocks a space that, per FAA or applicable foreign
government safety regulations, must remain unobstructed (e.g., an
aisle, access to an emergency exit) AND the passenger and animal cannot
be moved to another location where such a blockage does not occur. In
such a situation, the carrier should first talk with other passengers
to find a seat location in the cabin where the service animal and its
user can be agreeably accommodated (e.g., by finding a passenger who is
willing to share foot space with the animal). The fact that a service
animal may need to use a reasonable portion of an adjacent seat's foot
space that does not deny another passenger effective use of the space
for his or her feet by taking all or most of the passenger's foot space
is not, however, an adequate reason for the carrier to refuse to permit
the animal to accompany its user at his or her seat. Only if no other
alternative is available should the carrier discuss less desirable
options concerning the transportation of the service animal with the
passenger traveling with the animal, such as traveling on a later
flight with more room or carrying the animal in cargo. As indicated
above, airlines may not charge passengers with disabilities for
services required by Part 382, including transporting their oversized
service animals in the cargo compartment.
Should passengers provide advance notice to the airline concerning
multiple or large service animals?
    In most cases, airlines may not insist on advance notice or health
certificates for service animals under the ACAA regulations. However,
it is very useful for passengers to contact the airline well in advance
if one or more of their service animals may need to be transported in
the cargo compartment. The passenger will need to understand airline
policies and should find out what type of documents the carrier would
need to ensure the safe passage of the service animal in the cargo
compartment and any restrictions for cargo travel that might apply
(e.g., temperature conditions that limit live animal transport).

Accommodating Passengers With Service Animals in the Cabin

How can airline personnel help ensure that passengers with service
animals are assigned and obtain appropriate seats on the aircraft?
     Let passengers know the airline's policy about seat
assignments for people with disabilities. For instance: (1) Should the
passenger request preboarding at the gate? or (2) should the passenger
request an advance seat assignment (a priority seat such as a bulkhead
seat or aisle seat) up to 24 hours before departure? or (3) should the
passenger request an advance seat assignment at the gate on the day of
departure? When assigning priority seats, ask the passenger what
location best fits his/her needs.
     Passengers generally know what kinds of seats best suit
their service animals. In certain circumstances, passengers with
service animals must either be provided their pre-requested priority
seats, or if their requested seat location cannot be made available,
they must be assigned to other available priority seats of their choice
in the same cabin class. Part 382.81(c) requires airlines to provide a
bulkhead seat or a seat other than a bulkhead seat at the request of an
individual traveling with a service animal.
     Passengers should comply with airline recommendations or
requirements regarding when they should arrive at the gate before a
flight. This may vary from airport to airport and airline to airline.
Not all airlines announce preboarding for passengers with special
needs, although it may be available. If you wish to request
preboarding, tell the agent at the gate.
     A timely request for preboarding by a passenger with a
disability must be honored (see sections 382.83(c) and 382.93)
    Part 382 does not require carriers to make modifications that would
constitute an undue burden or would fundamentally alter their programs
(382.13(c)). Therefore, the following are not required in providing
accommodations for users of service animals
    [rtarr8] Requiring another passenger to give up all or a most of
the space in front of his or her seat to accommodate a service animal.
(There is nothing wrong with asking another passenger if the passenger
would mind sharing foot space with a service animal, as distinct from
telling the passenger that he or she must do so. Indeed, finding a
passenger willing to share space is a common, and acceptable, method of
finding an appropriate place for someone traveling with a service
animal that may not be able to be seated in his or her original seat
location.)
    [rtarr8] Denying transportation to any individual on a flight in
order to provide an accommodation to a passenger with a service animal;
    [rtarr8] Furnishing more than one seat per ticket; and
    [rtarr8] Providing a seat in a class of service other than the one
the passenger has purchased. (While a carrier is not required to do so,
there could be situations in which the carrier could voluntarily reseat
a passenger with a service animal in a different seating class. For
example, suppose that the economy cabin is completely full and no
alternate seat location in that cabin can be found for a service animal
that cannot be seated at the passenger's original seat location. If the
business or first class cabin has vacant space, the carrier could
choose to move the passenger and animal into the vacant space, rather
than make the passenger and animal take a later flight.)
Are airline personnel responsible for the care and feeding of service
animals?
    Airline personnel are not required to provide care, food, or
special facilities for service animals. The care and supervision of a
service animal is solely the responsibility of the passenger with a
disability whom the animal is accompanying.
May a carrier charge a maintenance or cleaning fee to passengers who
travel with service animals?
    Part 382 prohibits carriers from imposing special charges for
accommodations required by the regulation, such as carriage of a
service animal. However, a carrier may charge passengers with a
disability if a service animal causes damage, as long as it is its
regular practice to charge non-disabled passengers for similar kinds of
damage. For example, it could charge a passenger with a disability for
the cost of repairing or cleaning a seat damaged by a service animal,
assuming that it is its policy to charge when a non-disabled passenger
or his or her pet causes similar damage.

Advice for Passengers With Service Animals

     Ask about the airline's policy on advance seat assignments
for people with disabilities. For instance: (1) Should a passenger
request preboarding at the gate? or (2) should a passenger request an
advance seat assignment (a priority seat such as a (bulkhead seat or
aisle seat)) up to 24 hours before departure? or (3) should a passenger
request an advance seat assignment at the gate on the day of departure?
     Although airlines are not permitted to automatically
require documentation for service animals other than emotional support
or psychiatric service animals, if you think it would help you explain
the need for a service animal, you may want to carry documentation from
your physician or other licensed professional confirming your need for
the service animal. Passengers with unusual service animals also may
want to carry documentation confirming that their animal has been
trained to perform a function or task for them.
     If you are traveling with an emotional support or
psychiatric service animal, you may be required by the airline to
provide 48 hours' advance notice.
     If you need a specific seat assignment for yourself and
your service animal, make your reservation as far in advance as you
can, and identify your need at that time.
     You may have to be flexible if your assigned seat
unexpectedly turns out to be in an emergency exit row. When an aircraft
is changed at the last minute, seating may be reassigned automatically.
Automatic systems generally do not recognize special needs, and may
make inappropriate seat assignments. In that case, you may be required
by FAA regulations to move to another seat.
     Arrive at the gate when instructed by the airline,
typically at least one hour before departure, and ask the gate agent
for preboarding--if that is your desire.
     Remember that your assigned seat may be reassigned if you
fail to check in on time; airlines typically release seat assignments
not claimed 30 minutes before scheduled departure. In addition, if you
fail to check in on time you may not be able to take advantage of the
airline's preboard offer.
     If you have a very large service animal or multiple
animals that might need to be transported in the cargo compartment,
contact the airline well in advance of your travel date. In most cases,
airlines cannot insist on advance notice, except for emotional support
or psychiatric service animals, or on health certificates for service
animals under the ACAA regulations. However, it is very useful for
passengers to contact the airline well in advance if one or more of
their service animals may need to be transported in the cargo
compartment. The passenger will need to understand airline policies and
should find out what type of documents the carrier would need to ensure
the safe passage of the service animal in the cargo compartment and any
restrictions for

cargo travel that might apply (e.g., temperature conditions that limit
live animal transport).
     If you are having difficulty receiving an appropriate
accommodation, ask the airline employee to contact the airline's CRO.
Part 382 requires all airlines to have a CRO available during all hours
of operation. The CRO is a resource for resolving difficulties related
to disability accommodations.
     Another resource for resolving issues related to
disability accommodations is the U.S. Department of Transportation's
Disability Hotline. The toll-free number is 1-800-778-4838 (voice) and
1-800-455-9880 (TTY).

Glossary

Direct Threat to the Health or Safety of Others
    A significant risk to the health or safety of others that cannot be
eliminated by a modification of policies, practices, or procedures, or
by the provision of auxiliary aids or services.
Fundamental Alteration
    A modification that substantially alters the basic nature or
purpose of a program, service, product or activity.
Individual With a Disability
     ``Any individual who has a physical or mental impairment
that, on a permanent or temporary basis, substantially limits one or
more major life activities, has a record of such an impairment, or is
regarded as having such an impairment.'' (Section 382.5)
Qualified Individual With a Disability
    Any individual with a disability who:
    (1) ``Takes those actions necessary to avail himself or herself of
facilities or services offered by a carrier to the general public with
respect to accompanying or meeting a traveler, use of ground
transportation, using terminal facilities, or obtaining information
about schedules, fares or policies'';
    (2) ``Offers, or makes a good faith attempt to offer, to purchase
or otherwise validly to obtain * * * a ticket'' ``for air
transportation on an carrier''; or
    (3) ``Purchases or possesses a valid ticket for air transportation
on an carrier and presents himself or herself at the airport for the
purpose of traveling on the flight for which the ticket has been
purchased or obtained; and meets reasonable, nondiscriminatory contract
of carriage requirements applicable to all passengers.'' (Section
382.5).
Service Animal
    Any animal that is individually trained or able to provide
assistance to a qualified person with a disability; or any animal shown
by documentation to be necessary for the emotional well-being of a
passenger.

Sources

    In addition to applicable provisions of Part 382, the sources for
this guidance include the following: ``Guidance Concerning Service
Animals in Air Transportation,'' (61 FR 56420-56422, (November 1,
1996)), ``Commonly Asked Questions About Service Animals in Places of
Business'' (Department of Justice, July, 1996), and ``ADA Business
Brief: Service Animals'' (Department of Justice, April 2002).

Regulatory Analyses and Notices

A. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    This action has been determined to be significant under Executive
Order 12866 and the Department of Transportation Regulatory Policies
and Procedures. It extends regulatory coverage under the ACAA to
foreign carriers for the first time and adds requirements concerning
passengers who use medical oxygen and accommodations for deaf and hard-
of-hearing passengers. These are areas of considerable importance to
passengers and air carriers and are of interest to the public and
members of Congress.
    The costs and benefits of the rule are summarized in the following
tables, taken from the regulatory evaluation. It is very important to
keep in mind that, in the Department's view, this rule has very
significant nonquantifiable benefits, which these tables do not
address. These nonquantifiable benefits include increased opportunities
for individuals with disabilities to access the air travel system
without discrimination and with fewer unnecessary barriers. This access
opens up business and personal travel opportunities and the personal
and economic benefits that result from the increased chance to travel.
These nonquantifiable benefits make the rule cost-beneficial, even
without considering the significant economic benefits displayed in the
tables below.

                                             Table A.--Summary of Foreign Carrier Cost and Benefit Estimates
                                                                    [Millions 2005$]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Cabin
                                                           stowage
                                 Boarding                area for on-                                        Total        Net        Total        Net
                                 equipment                  board                  Personnel                carrier     carrier     carrier     carrier
                                  (lifts/     On-board    wheelchair  Accessible   training      Total     benefits    benefits    benefits    benefits
                                  ramps,    wheelchairs      and      lavatories     costs    costs ($M)    high MC     high MC     low MC      low MC
                                  chairs)                passenger's                                       case ($M)   case ($M)   case ($M)   case ($M)
                                                           folding
                                                          wheelchair
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Low Impact Case:
     Present Value over 20           1.161        2.507        0.260     138.373      22.959       165.3       112.0       -53.3       179.2        13.9
     years....................
     Year 20 undiscounted.....       0.010        0.061        0.044      32.132       2.769        35.0        35.8         0.8        57.2        22.2
High Impact Case:
     Present Value over 20           2.245        3.051        0.260     276.747      45.917       328.2       224.0      -104.2       358.4        30.2
     years....................
     Year 20 undiscounted.....       0.013        0.075        0.044      64.264       5.539        69.9        71.5         1.6       114.5        44.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                            Table B.--Summary of Deaf and Hard-of-Hearing Cost and Benefit Estimates
                                                                                [Millions 2005$]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total       Net       Total       Net
                                                                    Assistants'                          Captioning    Public                Total     carrier    carrier    carrier    carrier
                                                                       fares     Reservation   Copy of   in waiting  announce-  Awareness    costs     benefits   benefits   benefits   benefits
                                                                      forgone        TTY       part 382     areas      ments     training     ($M)     high MC    high MC     low MC     low MC
                                                                                case ($M)  case ($M)  case ($M)  case ($M)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Low Impact Case:
    Present value over 20 years...................................       3.500        2.420       0.108       0.250      1.400     80.000       87.7      110.1       22.4      176.2       88.5
     Year 20 undiscounted.........................................       0.500        0.080       0.000       0.017      0.000      6.400        7.0       16.4        9.4       26.2       19.2
High Impact Case:
     Present Value over 20 years..................................       7.000        4.840       0.216       0.500      2.800    160.000      175.4      220.2       44.9      352.4      177.0
     Year 20 undiscounted.........................................       1.000        0.160       0.000       0.034      0.000     12.800       14.0       32.7       18.7       52.3       38.3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                         Table C.--Summary of Medical Oxygen Cost and Benefit Estimates