the same price or, at the passenger's discretion, provide a refund for
any unused flights, including return flights. You may not apply
cancellation or rebooking fees or penalties to this situation or
subject the passenger to any fare increases that may occur in the
meantime. In addition, you may not apply cancellation or rebooking fees
or penalties to any increase in that passenger's fare because a seat
was unavailable in the fare class on his or her original ticket. (Sec.
382.21(d)). If you restrict a passenger's travel on the basis that the
passenger has a communicable disease or other medical condition, you
must, on the passenger's request, provide a written explanation within
10 days of the passenger's request. (Sec.  382.21(e)).

    Example: A passenger purchases a one-way economy/coach class
ticket for a flight from Los Angeles to Tokyo on March 15 for $750.
When the passenger arrives at the airport it is determined he has
contracted Severe Acute Respiratory Syndrome (SARS). The carrier
determines that because SARS is both able to be readily transmitted
by casual contact during a flight and has severe health consequences
the passenger presents a direct threat. Accordingly, the carrier
forces the passenger to postpone his travel. On April 15, the
passenger is completely healthy and

free of SARS and wishes to rebook a ticket from Los Angeles to
Tokyo. Even though the current price of an economy/coach class
ticket from Los Angeles to Tokyo is $900 on April 15, the carrier
may not charge this passenger more than $750 for the economy/coach
class ticket. Additionally, if there are no economy/coach class
seats available when the passenger wants to travel and the passenger
chooses to purchase a business or first class ticket to be on that
particular flight, the carrier may not apply cancellation or
rebooking fees or penalties to any increase in that passenger's fare
because no seats were available for purchase at the economy/coach
class fare. However, you may charge the passenger the difference
between the price of the $750 economy/coach class ticket and the
price of a business class seat or a first class seat.
    At all times, as a matter of good customer service, you should
treat the passenger with courtesy and respect.

G. Medical Certificates

Medical Certificates for Passengers With a Disability (Other Than
Passengers With a Communicable Disease)
    A medical certificate is a written statement from the passenger's
physician saying that the passenger is capable of completing the flight
safely without requiring extraordinary medical assistance during the
flight. Except under the circumstances described below, you must not
require medical certification of a passenger with a disability as a
condition for providing transportation. (Sec.  382.23(a) and (b)(2)).
    You may require a medical certificate only if the passenger with a
disability:
     Is traveling on a stretcher or in an incubator (where such
service is offered);
     Will be using a passenger-supplied POC in-flight or needs
carrier-supplied medical oxygen (where such service is offered);
     Has a medical condition that causes the carrier to have
reasonable doubt that the passenger can complete the flight safely
without requiring extraordinary medical assistance during the flight.
(Sec.  382.23(b)); or
     Has a communicable disease that poses a direct threat to
the health and safety of others on the flight. (Sec.  382.23(c)).
    To be valid, the required medical certificate must be dated within
10 days of the scheduled date of the passenger's initial departing
flight. (Sec.  382.23(b)(3)).

    Note: The DOT's intent regarding the medical certificate
provision was to allow carriers to impose the 10-day time limit to
medical certificates only for passengers with communicable diseases,
not to other individuals such as passengers who need supplemental
oxygen (for example, to assist those individuals with asthma or
emphysema.) The DOT encourages carriers not to require the
documentation to be dated within 10 days of the scheduled date of
the passenger's flight for passengers who wish to use an FAA-
approved POC as supplemental oxygen.

    Example: A passenger schedules a flight from New York to London
on January 15 with a return flight on April 15 and would like to use
a POC onboard the aircraft. The carrier could require the passenger
to show a medical certificate dated January 5 or later. For the
passenger's return flight on April 15, the passenger would not have
to show a second medical certificate dated April 5 or later.

Significant Adverse Change in Medical Condition
    You may subject a passenger with a medical certificate to
additional medical review if you believe that--
    (1) There has been a significant adverse change in the passenger's
medical condition since the issuance of the medical certificate or
    (2) The certificate significantly understates the passenger's risk
to the health or safety of others on the flight.
    If this additional medical review shows that the passenger is
unlikely to complete the flight without extraordinary medical
assistance you may, notwithstanding the medical certificate, deny or
restrict the passenger's transportation. (Sec.  382.23(d)).

    Note:  If you deny or restrict a passenger's travel, you must
provide a written explanation upon the passenger's request within 10
days of the request explaining why you considered the restriction
necessary. (Sec.  382.21(e)).

Medical Certificate and a Passenger With a Communicable Disease or
Infection
    If you determine that a passenger with a communicable disease or
infection poses a direct threat to the health or safety of others on
the flight, you may require a medical certificate from the passenger.
(Sec.  382.23(c)(1)) The medical certificate is a written statement
from the passenger's physician stating that the disease or infection
would not under current conditions be communicable to other persons
during the normal course of the flight and must include any conditions
or precautions that would have to be observed to prevent the
transmission of the disease or infection during the normal course of
the flight. The medical certificate must be dated within 10 days of the
flight date, not within 10 days of the initial flight. (Sec.
382.23(c)(2)).
    In the event that you determine the need for a medical certificate
for a passenger with a communicable disease or infection, you should
provide the passenger with the disability the reason for the request.
You should base your request on the reasons provided in Part 382 and
outlined above.
    At all times, you should treat the passenger from whom you are
requesting a medical certificate with courtesy and respect.

    Example: A passenger arrives at the gate with her 6-year-old
daughter. The girl's face and arms are covered with red lesions,
resembling chicken pox. What should you do?
    Generally, you must not refuse travel to, require a medical
certificate from, or impose special conditions on a passenger with a
communicable disease or infection. However, if a passenger appears
to have a communicable disease or infection that poses a direct
threat to the health or safety of other passengers, you may be
required to make a determination about the best course of action
based on the seriousness of the health risk and the ease of disease
transmittal. As previously discussed, for a communicable disease or
infection to pose a direct threat, the condition must both be
readily transmitted under conditions of flight and have serious
health consequences. An example of such a communicable disease is
SARs. Medical conditions that do not pose a direct threat to the
health or safety of passengers (1) are easily transmitted in
aircraft cabins but have limited health consequences such as the
common cold or (2) are difficult to transmit in aircraft cabins but
have serious health consequences such as acquired immune deficiency
syndrome (AIDS).
    The first thing you should do is interview the passenger and her
mother to obtain basic information about the girl's condition. This
exchange should be done discreetly and in a courteous and respectful
manner. If you still have a question about the nature of the child's
condition that will affect decisions about transportation, you
should contact a CRO and explain the situation.
    Here, the mother tells you and the CRO that the child has
chicken pox but is no longer contagious. The CRO would likely
consult with appropriate medical personnel to verify whether the
child could be contagious based on the mother's statement and the
CRO's observations and confirm that contagious chicken pox would
pose a direct threat to passengers.
    If there is a reasonable basis for believing that the passenger
poses a direct threat to the health or safety of others, you must
choose the least restrictive alternative among the following
options:
    (1) Refusing transportation to the individual;
    (2) Delaying the passenger's transportation (for example,
requiring the individual to take a later flight);
    (3) Requiring a medical certificate; or
    (4) Imposing a special condition or limitation on the
individual.
    If the medical support people indicate there is a chance that
the child is no longer contagious but only if a certain number of
days have passed since the outbreak of the

lesions, you could request a medical certificate before you permit
the child to travel.
    Having discussed the situation with the passenger and her mother
and consulted the CRO and the medical support personnel, the request
for a medical certificate appears to be reasonable under the
circumstances and the least restrictive of the four options.
    As a reminder, Sec.  382.23(c)(2) specifies that the medical
certificate be from the child's physician and state that the child's
chicken pox would not be communicable to other passengers during the
normal course of a flight. The medical certificate must also include
any conditions or precautions that would have to be observed to
prevent the transmission of the chicken pox to other passengers
during the normal course of a flight and be dated within 10 days of
the date of the flight. If the medical certificate is incomplete,
you cannot carry out the prescribed measures on the medical
certificate. If you cannot carry out the prescribed measures on the
medical certificate or if the passenger is attempting to travel
before the date specified in the medical certificate or without
implementing the conditions outlined to prevent transmission, the
child would not be permitted to fly.

    Note: If you restrict a passenger's travel, you must provide a
written explanation upon the passenger's request within 10 days of
the request explaining why you considered the restriction necessary.
(Sec.  382.21(e)).

Significant Adverse Change in Medical Condition
    You may subject a passenger with a medical certificate to
additional medical review if you believe that--
    (1) There has been a significant adverse change in the passenger's
medical condition since the issuance of the medical certificate or
    (2) The certificate significantly understates the passenger's risk
to the health or safety of others on the flight.
    If this additional medical review shows that the passenger is
unlikely to complete the flight without extraordinary medical
assistance or would pose a direct threat to other passengers, you may,
notwithstanding the medical certificate, deny or restrict the
passenger's transportation. (Sec.  382.23(d)).

H. Your Obligation To Provide Services and Equipment

Moving Through the Terminal Assistance
Terminal Entrance to Gate and Gate to Terminal Entrance
    As a carrier, you must provide, or ensure the provision of,
assistance to a passenger with a disability in moving from the terminal
entrance through the airport to the gate for a departing flight or from
the gate to the terminal entrance if the passenger or someone on behalf
of the passenger requests such assistance or you offer and the
passenger with a disability accepts the assistance. This obligation
extends to a vehicle drop-off or pick-up point adjacent to the terminal
entrance and key functional areas of the terminal such as ticket
counters and baggage claim. This does not include satellite parking or
car rental drop-off areas that are not adjacent to the terminal
entrance.
Rest Room Stops
    While providing assistance to a disabled passenger in going to,
from and between gates, a carrier must, upon request, make a brief stop
at the entrance to a rest room, including an accessible rest room when
requested, if such a stop is available on the route and the stop can be
made without unreasonable delay. (Sec.  382.91(b), (b)(1), and (b)(2)).
Luggage Assistance
    As a carrier, you also must assist passengers who are unable to
carry their luggage because of their disability with transporting their
luggage for check-in at the ticket counter or gate, or as carry-on
aboard the aircraft. This obligation exists only if the passenger
requests such assistance and can make credible verbal assurances of his
or her inability to carry the item because of his or her disability. If
the passenger's verbal assurances are not credible, you may require the
passenger to produce documentation as a condition of providing the
service. (Sec.  382.91(d)).
Animal Relief Area Escort
    At airports located in the United States, you must in cooperation
with the airport operator, provide for escorting a passenger with a
service animal to an animal relief area if the passenger requests.
(Sec.  382.91(c)). See Section D above.
Connecting Assistance
    The arriving carrier (the one that operates the first of the two
flights that are connecting) is responsible for connecting assistance
for passengers with a disability moving within the terminal. As an
employee/contractor of the arriving carrier, on request, you must
provide assistance to a passenger with a disability in making flight
connections and providing transportation between gates. The arriving
carrier may mutually agree with the carrier operating the departing
connecting flight (the second flight of the two flights) that the
departing carrier will provide the connecting assistance. However, the
carrier operating the arriving flight is ultimately responsible for
ensuring that connecting assistance is provided to the passenger with a
disability. (Sec.  382.91(a)). This service must be provided regardless
of whether the passenger has a single ticket showing a connection or
has two separate tickets for the journey.
Boarding and Deplaning Assistance
    If assistance with boarding or deplaning, making flight
connections, or transportation between gates is requested by or on
behalf of a passenger with a disability, or offered by carrier
personnel and accepted by the passenger, you must provide it.
    More specifically, you must promptly provide, when needed and to
the extent required by law, the following:
     Services personnel,
     Ground wheelchairs,
     Accessible motorized carts,
     On-board wheelchairs,
     Boarding wheelchairs, and/or
     Ramps or mechanical lifts. (Sec.  382.95(a)).
    At U.S. commercial service airports with 10,000 or more annual
enplanements, as a carrier, you must provide boarding assistance using
lifts or ramps where level-entry boarding and deplaning or accessible
passenger lounges are not otherwise available. (Sec.  382.95(b)). This
requirement applies to aircraft with a passenger seating capacity of 19
or more, with limited exceptions (float planes; Fairchild Metro;
Jetstream 31 and 32; Beech 1900C and 1900D; Embraer EMB-120; and any
other aircraft model the DOT determines unsuitable for boarding
assistance by lift, ramp, or other suitable device). (Sec.  382.97).
On-Board Wheelchair Requirements
    Aircraft with more than 60 passenger seats having an accessible
lavatory must be equipped with an operable on-board wheelchair. The
Aerospatiale/Aeritalia ATR-72 and the British Aerospace Advanced
Turboprop (ATP) that have seating configurations between 60 and 70
passenger seats are exempt from this requirement. (Sec.  382.65(a)).
    On-board wheelchairs must be equipped with--
     Footrests,
     Armrests which are movable or removable,
     Adequate occupant restraint systems,
     A backrest height that permits assistance to passengers in
transferring,
     Structurally sound handles for maneuvering the occupied
chair, and
     Wheel locks or another adequate means to prevent chair
movement during transfer or turbulence. (Sec.  382.65(c)(1)).

    The on-board wheelchair must be designed to be compatible with the
maneuvering space, aisle width, and seat height of the aircraft on
which it is to be used, and to easily be pushed, pulled, and turned in
the cabin environment by carrier personnel. (Sec.  382.65(c)(2)).
    If the aircraft being used for the flight has more than 60
passenger seats but does not have an accessible lavatory, you must
provide an on-board wheelchair upon request for a passenger who can use
the inaccessible lavatory but cannot reach it from his or her seat
without the use of an on-board wheelchair. You may require the
passenger to provide up to 48 hours' advance notice and check in 1 hour
before the check-in time for the general public when requesting the on-
board wheelchair under these circumstances. (Sec.  382.65(b)) and
382.27(c)(7)).
Compliance Dates for On-Board Wheelchairs
    Foreign carriers were required to meet the requirements for an on-
board wheelchair by May 13, 2010. U.S. carriers were required to meet
these requirements by May 13, 2009.
Assembly and Disassembly of Passenger's Wheelchairs
    You must permit a passenger with a disability to provide written
instructions and should accept oral advice from the passenger
concerning the disassembly and reassembly of the passenger's
wheelchair. (Sec.  382.129(a)).
    In addition, consistent with good customer service, you should
treat the passenger with a disability with courtesy and respect at all
times by keeping the passenger informed about any problems or delays in
providing personnel or equipment in connection with an accommodation.

I. Safety Assistants

    Except under limited circumstances, you cannot require a passenger
with a disability to be accompanied by a safety assistant. (Sec.
382.29(a)). See Chapter 4, Section E, Safety Assistants, for a
discussion of the Part 382 requirements for a safety assistant.

Chapter 4: Assisting Air Travelers With Disabilities at the Airport

A. Accessibility of Terminal Facilities and Services
B. Security Screening for Air Travelers With a Disability
C. Air Travelers With a Disability Moving Through the Terminal and
Changing Airplanes
D. Accommodations for Air Travelers With Vision or Hearing
Impairments
E. Safety Assistants

A. Accessibility of Terminal Facilities and Services

Airports Located in the United States
Accessibility
    All terminal facilities owned, leased, or controlled by carriers at
U.S. airports, must be readily accessible to and usable by individuals
with disabilities, including individuals who use wheelchairs. (Sec.
382.51(a)(1)). For example, terminals must provide accessible intra-
and inter-terminal transportation systems, such as moving sidewalks,
shuttle vehicles, and people movers. (Sec.  382.51(a)(3)).
    As a carrier, you must ensure that there is an accessible route
(one meeting the requirements of the Americans with Disabilities Act
Accessibility Guidelines (ADAAG)) between the gate and boarding area
when an accessible passenger lounge or other level entry boarding and
deplaning is not available to and from an aircraft. For example, there
must be an accessible path on the tarmac between the gate and the
aircraft when level-entry boarding is not available. (Sec.
382.51(a)(2)).
Animal Relief Areas
    In cooperation with the airport operator and in consultation with
local service animal training organizations, you must provide animal
relief areas for service animals that accompany passengers departing,
connecting, or arriving at an airport on your flights. (Sec.
382.51(a)(5)).
    The national and international service animal organizations below
have directories of training organizations on their Web sites that you
and the airport operator can use to find the nearest service animal
training organization. Such groups are often able to put airlines and
airports in touch with sources of the necessary technical expertise on
establishing relief areas.
     American Dog Trainers Network. Web site address: http://
www.inch.com/~dogs/service.html.
     Assistance Dogs International. Web site address: http://www.assistancedogsinternational.org/membersstatecountry.php.
    If the Department's Aviation Enforcement Office received a
complaint alleging that an animal relief area was not available or not
being properly maintained, the carrier involved would ultimately be
responsible for ensuring these areas are available and maintained, with
respect to terminal facilities the carrier owns, leases or controls.
However, the actual establishment of the animal relief area, as well as
its maintenance, could be handled contractually with the airport
operator since several carriers could be using the same designated
animal relief area.
    Relief Area Location. Although not specifically required by Part
382, you and the airport operator may wish to consider the benefits of
establishing animal relief areas both inside and outside the secure
area (for example, to accommodate passengers with short connection
times, to minimize time needed for escort service or passenger
convenience). In establishing animal relief areas inside the secure
area, you and the airport operator should coordinate closely with the
Transportation Security Administration (TSA) and the Customs and Border
Protection (CBP) offices serving the airport to ensure that the animal
relief area can be used consistent with TSA and CBP procedures.
    Establishing a Relief Area. Factors to consider in establishing
relief areas include the size and surface material of the area,
maintenance, and distance to the relief area, which could vary based on
the size and configuration of the airport. The best solution based on
these factors could vary from airport to airport and therefore
involvement of all the stakeholder groups in the planning is critical
(for example, airline, airport, service animal training organization,
TSA, and CBP).
    Considerations for designating and constructing areas safe for
humans and animals include:
    (1) Designate relief areas solely for that purpose. This helps keep
the area free of hazards and distractions, and helps prevent the spread
of waste contamination.
    (2) Establish relief areas that are:
    (a) Accessible to passengers with all types of disabilities;
    (b) Of a size adequate for larger dogs to use;
    (c) Minimal travel distance to and from the gate for passengers
making connecting flights; and
    (d) Equipped with adequate lighting to enhance usability and
security.
    (3) Keep the area clean (for example, free of broken glass, bottle
caps, and trash). When feasible, the area should also be free of loud
noises and strong odors.
    (4) Use a gravel or sand surface for relief areas. Gravel can be
disinfected adequately to reduce the chance of germs being spread
between animals or carried outside of the relief area.
    (5) Install adequate drainage to allow cleaning by regularly hosing
down the relief area.
    (6) Provide trash cans for waste disposal that are emptied
frequently.

    Note: There is a requirement for carriers to consult with
service animal training organizations in establishing animal relief
areas. Where there is no local service animal training organization,
the Department of Transportation (DOT) would consider consultation
with a national or international service animal training
organization to satisfy the requirement.
    You should advise passengers who request you provide them with
assistance to an animal relief area of the location of the animal
relief area. Additionally, if requested, it would be your
responsibility to accompany a passenger traveling with a service
animal to and from the animal relief area. The requirement to
provide animal relief areas was effective on May 13, 2009, for U.S.
carriers and May 13, 2010, for foreign carriers.

High-Contrast Captioning on Televisions and Other Audio-Visual Displays
    You must enable captioning at all times on all televisions and
other audio-visual displays that are capable of displaying captions and
that are located in any portion of the terminal where passengers have
access. The captioning must be high contrast if feasible. (Sec.
382.51(a)(6)).
    You must replace any televisions and other audio-visual displays
providing passengers with safety briefings, information, or
entertainment that do not have high-contrast captioning capability with
equipment that has such capability when you replace such equipment in
the normal course of operations and/or whenever areas of the terminal
in which such equipment is located are undergoing substantial
renovation or expansion. (Sec.  382.51(a)(7)). If you newly acquire
televisions and other audio-visual displays for passenger safety
briefings (for example, safety briefings on the location of airport
terminal emergency exists), information, or entertainment, on or after
May 13, 2009, this equipment must have high-contrast captioning
capability. (Sec.  382.51(a)(8)).
Compliance Dates

------------------------------------------------------------------------

------------------------------------------------------------------------
U.S. Carriers.........................  You must meet the facility
                                         accessibility requirements
                                         described above at airports
                                         located in the United States on
                                         or after May 13, 2009, as
                                         specified in this section.
Foreign Carriers......................  You must meet the facility
                                         accessibility requirements
                                         described above at airports
                                         located in the United States by
                                         May 13, 2010.
------------------------------------------------------------------------

    (Sec.  382.51(c)).
Airports Located in a Foreign Country
    The ADAAG requirements do not apply to foreign airports. However,
Part 382 contains a performance requirement to ensure that passengers
with a disability can readily use the facilities the carrier owns,
leases, or controls at the airport. (Sec.  382.51(b)). As a foreign
carrier, this requirement applies only at terminal facilities for
flights covered by the rule.
Moving Through the Terminal
    You must ensure that a passenger with a disability is able to move
readily through the terminal facilities, to get to or from the gate and
any other area from which passengers board your carrier's aircraft.
This includes moving on the tarmac between the gate and the aircraft
when an accessible passenger lounge is not available, and moving to and
from an aircraft when level-entry boarding is not available. (Sec.
382.51(b)(1)). You may meet this obligation through any combination of
accessible facilities, auxiliary aids, equipment, the assistance of
personnel, or other means consistent with ensuring the safety and
dignity of the passenger (for example, lifting a passenger in a
boarding chair). (Sec.  382.51(b)(2)).
Compliance Dates
    Foreign and U.S. carriers must have met the facility accessibility
requirements described above at foreign airports by May 13, 2010.
(Sec.  382.51(c)).
Restrictions
    As a carrier, you must not subject passengers with disabilities to
restrictions that do not apply to other passengers unless otherwise
permitted for certain services such as the advance notice requirements
under Sec.  382.27. You must not--
    (1) Restrict the movements of individuals with disabilities within
terminals;
    (2) Require them to remain in a holding area or other location to
receive assistance, such as transportation, services, or
accommodations;
    (3) Mandate separate treatment for individuals with disabilities
except as required or permitted under Part 382 or other applicable
Federal requirements; or
    (4) Make passengers with disabilities wear badges or other special
identification (unless the passenger gives consent). (Sec.  382.33).
Automated Kiosks
    If existing automated kiosks are inaccessible (for example, to
wheelchair users because of height or reach issues or to passengers
with vision impairments because of issues related to visual displays or
touch screens), as a carrier, you must provide equivalent service for
persons with disabilities who cannot use the kiosks for ticketing and
obtaining boarding passes. For example, you could allow a passenger who
cannot use the kiosk 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. (Sec.  382.57).

B. Security Screening for Air Travelers With a Disability

Security Screening for Passengers With a Disability Same as for Other
Passengers
    All passengers including those with disabilities are subject to TSA
security screening requirements at U.S. airports. Passengers at foreign
airports, including those with disabilities, may be subject to security
screening measures required by the law of the country where the airport
is located. (Sec.  382.55(a)).
    If, as a carrier, you want to go beyond mandated security screening
procedures, you must conduct the security screening of a passenger with
a disability in the same manner as any other passenger. You must not
subject a passenger with a disability who possesses a mobility aid or
other assistive device used for independent travel to a special
screening procedure if the passenger and the aid or assistive device
clears security without activating the security system. (Sec.
382.55(b)(2)).
Screening Mobility Aid or Assistive Device
    Your security personnel may examine a mobility aid or assistive
device if, in their judgment, it may conceal a weapon or other
prohibited item even if the mobility aid or assistive device does not
activate the security system.
    In the event a passenger's mobility aid or assistive device
activates the security system, you may conduct the security search of
the passenger with a disability in the same manner as you would for
other passengers who activate the system. (Sec.  382.55(b)(2)(ii)).

Passenger With a Disability Requests Private Screening
    You must not require a private security screening for a passenger
with a disability for any reason different from the reasons other
passengers would be subject to a private security screening. (Sec.
382.55(b)(3)). However, if a passenger with a disability requests a
private security screening in a timely manner, you must provide it in
time for the passenger to board the flight. (Sec.  382.55(c)). If you
use technology to conduct a security screening of a passenger with a
disability without the need for a physical search of the person, you
are not required to provide a private screening. (Sec.  382.55(d)).
    Finally, under certain circumstances, safety considerations may
require you to exercise discretion in making the above decisions. You
must always seek assistance from the appropriate designated personnel,
including your carrier's Complaints Resolution Official (CRO), in
making such a decision.

C. Air Travelers With a Disability Moving Through the Terminal and
Changing Airplanes

Moving Through the Terminal (Terminal Entrance to Gate and Gate to
Terminal Entrance)
    As a carrier, you must provide, or ensure the provision of,
assistance to a passenger with a disability in moving from the terminal
entrance through the airport to the gate for a departing flight or from
the gate to the terminal entrance if the passenger or someone on behalf
of the passenger requests such assistance or you offer and the
passenger with a disability accepts the assistance. This obligation
extends to a vehicle drop-off or pick up point adjacent to the terminal
entrance and key functional areas of the terminal such as ticket
counters and baggage claim. This does not include satellite parking or
car rental drop-off areas that are not adjacent to the terminal
entrance.
    While providing assistance to a disabled passenger in going to,
from and between gates, a carriers must, upon request, make a brief
stop at the entrance to a rest room, including an accessible rest room
when requested, if such a stop is available on the route and the stop
can be made without unreasonable delay. (Sec.  382.91(b), (b)(1), and
(b)(2)).
    As a carrier, you also must assist passengers who are unable to
carry their luggage because of their disability with transporting their
luggage for check-in at the ticket counter or gate, or as carry-on
aboard the aircraft. This obligation exists only if the passenger
requests such assistance and can make credible verbal assurances of his
or her inability to carry the item because of his or her disability. If
the passenger's verbal assurances are not credible, you may require the
passenger to produce documentation as a condition of providing the
service. (Sec.  382.91(d)).
    At airports located in the United States, you must in cooperation
with the airport operator, provide for escorting a passenger with a
service animal to an animal relief area if the passenger requests.
(Sec.  382.91(c)).
Connecting Assistance
    The arriving carrier (the one that operates the first of the two
flights that are connecting) is responsible for connecting assistance
for passengers with a disability moving within the terminal. As an
employee/contractor of the arriving carrier, on request, you must
provide assistance to a passenger with a disability in making flight
connections and providing transportation between gates. The arriving
carrier may mutually agree with the carrier operating the departing
connecting flight (the second flight of the two flights) that the
departing carrier will provide the connecting assistance. However, the
carrier operating the arriving flight is ultimately responsible for
ensuring that connecting assistance is provided to the passenger with a
disability. (Sec.  382.91(a)). This service must be provided regardless
of whether the passenger has a single ticket showing a connection or
has two separate tickets for the journey.
    When needed and to the extent required by law, you must provide the
services of personnel, and the use of ground wheelchairs, accessible
motorized carts, boarding wheelchairs, and/or onboard wheelchairs, and
ramps or mechanical lifts. This requirement is discussed in more detail
in Chapters 3 and 5. (Sec.  382.95(a)).

    Note: A carrier and its contractors must not leave a passenger
with a disability who has requested assistance unattended in a
wheelchair or other device in which the passenger is not
independently mobile for more than 30 minutes. This requirement
applies even if another person such as a family member or personal
care attendant accompanies the passenger unless the passenger with a
disability clearly waives this obligation. (Sec.  382.103)).

    Example 1: A passenger who developed a progressive onset of
weakness in his legs during his flight requests a wheelchair when he
deplanes to assist him in making his connecting flight. What should
you do?
    Because the arriving carrier is responsible for providing
transportation to a passenger with a disability to the gate of his
connecting flight, you must provide timely assistance so he makes it
to his connecting flight. In addition, you should keep in mind that
you cannot leave the passenger unattended for more than 30 minutes
in a wheelchair or other device if the passenger is not
independently mobile. For purposes of section 382.103, a person who
is not independently mobile is a person who would not be able to get
up from the wheelchair and maneuver to areas of the terminal such as
the restroom or a food service provider without mobility assistance.
As a matter of good customer service, you should treat the passenger
with courtesy and respect throughout this process.
    Example 2: As an arriving air carrier, you provide connecting
assistance to a passenger with a disability to the departing
carrier's gate. Upon arrival at the departing carrier's gate, you
and the passenger find there is no staff at any of the gates yet.
What should you do?
    If the departing carrier has no staff at any of its gates in
that terminal at the time the passenger is brought there (for
example, if the passenger missed the second flight because the first
flight was delayed), you should advise the passenger of this fact
and offer to take the passenger to a staffed location such as the
departing carrier's ticket counter, or office location. You should
not leave the passenger at an unstaffed gate unless he or she has
agreed.
    If no departing carrier staff can be located, you should advise
the passenger of this fact. If the passenger asks to be taken to the
terminal entrance or motor vehicle pickup point (for example, to go
to a hotel) you must take the passenger to the terminal entrance or
pickup point. If the passenger wishes to remain at the airport, your
obligation to an ambulatory passenger ends. For a nonambulatory
passenger, you are subject to Sec.  382.103, which states that a
carrier must not leave a passenger who has requested connecting
assistance unattended in a wheelchair or comparable device, in which
the passenger is not independently mobile, for more than 30 minutes.
In that situation, you must take the passenger to one of your
staffed locations, or at a minimum, you must check on the passenger
at least every 30 minutes. Your obligation to provide connecting
assistance ends 12 hours after you began the connecting assistance
for that passenger, or when the airport closes, or when your
carrier's operations at that airport end, whichever comes first.

D. Accommodations for Air Travelers With Vision or Hearing Impairments

U.S. Carriers
    As a U.S. carrier, you must ensure that passengers with a
disability, including those who identify themselves as persons needing
visual or hearing assistance, receive prompt access to the same
information that you provide to other passengers at each gate,
ticketing area, and customer service desk that you own, lease, or
control at any U.S. or foreign airport. In this context, ``prompt''
means that you must provide this information to passengers

with vision or hearing impairments as close as possible to the time
that the information is transmitted to the general public. However, you
are not required to provide information if it would interfere with
employee safety and security duties under applicable Federal Aviation
Administration (FAA) and foreign government regulations. (Sec.
382.53(a)(1)).
    This requirement applies to a wide variety of areas such as--
     Flight safety,
     Ticketing,
     Flight check-in,
     Flight delays or cancellations,
     Schedule changes,
     Boarding information,
     Connections,
     Gate assignments,
     Claiming baggage,
     Volunteer solicitation on oversold flights (for example,
offers of compensation for surrendering a reservation),
     Individuals being paged by airlines,
     Aircraft changes that affect the travel of persons with
disabilities, and
     Emergencies (for example, fire, bomb threat) in the
terminal. (Sec.  382.53(b)).
Foreign Carriers
    As a foreign carrier, you must make the same information listed in
the section above available to passengers with a disability, including
those who identify themselves as needing visual or hearing assistance,
at each gate, ticketing area, and customer service desk that you own,
lease, or control at any U.S. airport.
    At foreign airports, you must make this information available only
at gates, ticketing areas, or customer service desks that you own,
lease, or control and only for flights that begin or end in the United
States. (Sec.  382.53(a)(2)).
Claiming Baggage
    As a carrier, you must provide information on claiming baggage to
passengers who identify themselves as persons needing visual or hearing
assistance no later than you provide this information to other
passengers. (Sec.  382.53(c)). For example, if you provide information
on baggage collection to arriving passengers at the baggage claim area,
you can comply with this requirement by giving the information to self-
identifying passengers onboard the aircraft or at the gate.
TTY (Text Telephone)
U.S. Carriers
    As a U.S. carrier, if you provide a telephone reservation and
information service to the public, you must make that service available
to individuals who use a TTY (by your own TTY, voice relay (real time
text streaming to an Internet connected computer), or other available
technology) to permit individuals with hearing impairments to obtain
this information. See also Chapter 3, Section E, Accommodations for Air
Travelers with Hearing Impairments.
    You must make access to the telephone reservation and information
service available to TTY users during the same hours as the telephone
service is available for the general public. The same wait time and
surcharges must apply to TTY users as for non-TTY users of the
telephone information and reservation service. In addition, you must
ensure that the response time for answering calls and the level of
service provided to TTY users is substantially equivalent to the
response time and level of service provided to non-TTY users. These
requirements ensure that passengers with hearing impairments are on a
substantially equivalent footing with the rest of the public in their
ability to communicate with carriers about information and reservations
by telephone. (Sec.  382.43(a)(1)-(3)).
    If you list the telephone number of your information and
reservation service for the general public, you must list your TTY
number if you have one. If you do not have a TTY number, you must state
how TTY users can reach your information and reservation service for
example using a voice relay service. The media used to state these
information and reservation services may include Web sites, ticket
jackets, telephone books, and print advertisements. (Sec.
382.43(a)(4)).
    The TTY or similar technology also must be available if the
passenger with a hearing impairment wishes to contact a CRO. (Sec.
382.151(b)). You should be familiar with the use of the TTY or similar
technology and its locations within the terminal.
    In addition, you should be aware of the option of using a relay
operator to connect one party who is using a TTY and one party who is
using a voice-operated telephone. By dialing 711 on any telephone in
the United States (TTY or voice operated) you can contact a relay
operator who serves as a ``go between'' between a person using a TTY
and a person using a voice-operated telephone. (http://www.fcc.gov/cgb/consumerfacts/711.html).

    Example: A passenger with a hearing impairment complains to you
about another employee whom she believes has been rude and
humiliated her when she asked for an alternate means of
communication because she was unable to hear what was being said to
passengers waiting to board the flight. What should you do?
    As a matter of good customer service, you should apologize to
the passenger for any insensitive behavior on the part of carrier
personnel. In general, you should carefully observe and gauge the
manner in which this passenger with a hearing impairment
communicates. When communicating, try to use the same method, for
example, speaking slowly, communicating in writing or with the
assistance of an aid or device. Try to find out what happened and
what information she missed by communicating in an accessible
manner.
    You may also consult with a CRO about sign language or other
assistive services that might be available for this passenger. If
the CRO is made available by telephone and the passenger requests,
TTY service must be available for the passenger to communicate
directly with the CRO. You should also notify the appropriate
crewmembers to ensure that the transmittal of information onboard
the aircraft is accessible to this passenger.
Foreign Carriers
    As a foreign carrier, you must have met the TTY requirements that
apply to U.S. carriers and described above in this section by May 13,
2010. (Sec.  382.43(a)(5)). However, these requirements apply only with
respect to information and reservation services for flights that begin
or end at a U.S. airport. TTY services apply only with respect to
flights for which reservation telephone call from the United States are
accepted.
Exception
    The TTY requirements do not apply to carriers in any country in
which the telecommunications infrastructure does not readily permit
compliance. (Sec.  382.43(b)).

E. Safety Assistants

    You should know that you must not require a passenger with a
disability to be accompanied by another person in order to travel
unless you determine that a safety assistant is essential for safety.
(Sec.  382.29(a) and (b)). Similarly, even if you have concerns about a
passenger's ability to access the lavatory or the passenger's need for
extensive special assistance which airline personnel are not obligated
to provide (for example, assistance in eating, assistance within the
lavatory, or provision of medical services (Sec.  382.113), you must
not require the passenger with a disability to travel with a safety
assistant or personal care attendant except in the circumstances
described below. (Sec.  382.29(f)).

Safety Considerations May Necessitate a Safety Assistant
    In the interest of safety, you may require that a passenger with a
disability travel with a safety assistant if the passenger is--
     Traveling on a stretcher or in an incubator (where such
service is offered);
     Because of a mental disability is unable to comprehend or
respond appropriately to safety instructions including the safety
briefing;
     Severely mobility impaired and would be unable to assist
in the passenger's own evacuation from the aircraft; or
     Severely hearing and vision impaired such that the
passenger could not adequately communicate with airline employees with
regard to the safety briefing and assist in his or her evacuation in
the event of an emergency. (Sec.  382.29(b)(1) through (b)(4)).
Carrier Contends That Attendant Is Required for Safety Reasons and
Passenger Disagrees
    If after careful consultation with a CRO and any other personnel
you are required to consult, you determine that a passenger with a
disability must travel with a safety assistant for one of the reasons
described in Sec.  382.29(b) (see list above), then you may require
that the passenger be accompanied by a safety assistant. If your
decision differs from the self-assessment of the passenger with a
disability, then you must not charge for the transportation of the
safety assistant. (Sec.  382.29(c))(1)). In addition, if a seat is not
available on the flight for the safety assistant whom you have
determined to be necessary and, as a result, the passenger with a
disability with a confirmed reservation is unable to travel on the
flight, the passenger with a disability is eligible for denied boarding
compensation. (Sec.  382.29(d)). For purposes of determining whether a
seat is available for a safety assistant, you must consider the
assistant to have checked in at the same time as the passenger with a
disability. (Sec.  382.29(e)).
    In the event you choose to recruit a safety assistant to accompany
the passenger with a disability, even though carriers are not obligated
to do so (Sec.  382.29(c)(1)), you may ask--
    (1) An off-duty airline employee traveling on the same flight to
function as the safety assistant;
    (2) A volunteer from among the other customers traveling on the
flight and offer compensation, such as a free ticket, for their
assistance; or
    (3) The passenger with a disability to provide his or her own
safety assistant and you must offer a free ticket to that assistant.
    If the safety assistant is accompanying a passenger traveling on a
stretcher or in an incubator, the assistant must be capable of
attending to the passenger's in-flight medical needs. (Sec.
382.29(b)(1)). Otherwise, the purpose of the assistant is to assist the
passenger with a disability in an emergency evacuation. Other than the
situation described above when a safety assistant is accompanying a
passenger who is on a stretcher or in an incubator, the assistant is
not obligated to provide personal services to the passenger with a
disability such as assistance with eating or accessing the lavatory.

    Example:  A passenger with quadriplegia \13\ traveling alone
approaches the check-in counter. You have concerns as to whether the
passenger's mobility impairment is so severe that he would be unable
to assist in his own evacuation from the aircraft. What should you
do?
---------------------------------------------------------------------------

    \13\ Quadriplegia means the inability to move all four limbs or
the entire body below the neck.
---------------------------------------------------------------------------

    You should begin by communicating with the passenger to
determine the extent of his mobility impairment. As a matter of good
customer service, you should treat the passenger with courtesy and
respect at all times. Under the circumstances, you should contact a
CRO to discuss the situation and determine whether a safety
assistant must accompany the passenger. You and the CRO could begin
by asking the passenger about his mobility impairment and whether he
would be able to assist with his own evacuation in the event of an
emergency. More specifically, you should determine whether the
passenger has the functional ability to make any progress toward an
exit during an evacuation. If the passenger tells you that his
ability to assist in his evacuation is limited to shouting,
``Help!'' you and the CRO should explain to him that the issue is
whether he can physically assist in his own evacuation. If not, he
must travel with a safety assistant.
    If, after speaking with the passenger, you and the CRO determine
that a safety assistant must accompany him because of his severe
mobility impairment, you should explain this requirement to the
passenger. Next, at the carrier's option you can explain that he can
choose someone to serve as his safety assistant or you can assist
him by recruiting an off-duty employee or another passenger on the
flight to serve as his safety assistant. You must not charge for the
transportation of the safety assistant if selected by the passenger
who is disabled. You also should explain that the purpose of the
safety assistant is to assist in the case of an emergency
evacuation.

Passenger With a Disability Voluntarily Chooses To Travel With a
Personal Care Attendant or Safety Assistant
    If a passenger with a disability chooses to travel with a personal
care attendant or safety assistant that you, the carrier, do not
require, or you feel that the passenger requires a safety assistant and
the passenger agrees, then you may charge for the transportation of
that attendant or assistant. (Sec.  382.29(c)(3)).
Advance Notice Requirements for Individuals With Both Severe Hearing
and Vision Impairment
    As a carrier, you may require a passenger with both a severe
hearing and vision impairment who wishes to travel without a safety
assistant to notify you at least 48 hours in advance. However, you
still must accommodate the passenger to the extent practicable even if
the passenger fails to meet the 48-hour advance notice requirement.
(Sec.  382.29(b)(4)).
    You may require an individual with a severe hearing and vision
impairment to travel with a safety assistant if you determine that the
means of communication that the individual plans to use with you does
not (1) satisfy the communication objectives for a safety briefing
contained in Part 382 or (2) enable the individual to assist in his or
her own evacuation. You also may require the individual with a severe
hearing and vision impairment to travel with a safety assistant if the
individual proposes to communicate by finger spelling and you cannot
within the time following the individual's notification arrange for the
availability on the passenger's flight of a flight crewmember who can
communicate using this method. (Sec.  382.29(c)(2)).

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

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

A. Aircraft Accessibility

Aircraft Accessibility Features
    To assist passengers with a disability, it is important for you to
understand how aircraft have been made accessible to accommodate those
passengers. You should be aware that Part 382 addresses the following
features depending on the size of the aircraft:
     Movable aisle armrests,
     Priority stowage space for passenger wheelchairs,
     Accessible lavatories,

     On-board wheelchairs, and
     New in-flight audio-visual services.
    Each of these features is discussed separately in detail below.
Movable Aisle Armrests
    Aircraft with 30 or more passenger seats must be equipped with
movable aisle armrests on at least one-half of the aisle seats in rows
in which passengers with mobility impairments are permitted to sit
under Federal Aviation Administration (FAA) or applicable foreign
safety regulations (Sec.  382.61(a)), and you are not required to
provide movable armrests on aisle seats of rows in which a passenger
with a mobility impairment is not allowed to use by an FAA safety
regulation. (Sec.  382.61(b)).
    You must configure aircraft cabins or establish an administrative
system to ensure that passengers with a disability can readily identify
and obtain seating in rows with movable aisle armrests. You must
provide this information to passengers by specific seat and row number.
(Sec.  382.61(d))

    Note: The revised rule removes the infeasibility provision
prescribed in old Sec.  382.21(a)(1)(ii). Therefore, carriers can no
longer claim it is not feasible to install movable armrests on aisle
seats in which the carrier has chosen to install, for example,
integrated food trays, controls for in-flight video systems, etc.

(1) Seat Ratio
    Movable aisle armrests must be provided proportionately in all
classes of service in the aircraft cabin. (Sec.  382.61(c)).

    Example: If 80 percent of the aisle seats in which passengers
with mobility impairments may sit are in economy/coach class, and 20
percent are in first class, then 80 percent of the movable aisle
armrests must be in economy/coach class, with 20 percent in first
class.
    However, if the seats without a movable aisle armrest in a given
class of service can be accessed by a passenger using a wheelchair
by horizontally transferring the passenger from a boarding
wheelchair to the aircraft seat without lifting the passenger over
the aisle armrest or other obstacle, a carrier may request an
equivalent alternative determination.

(2) Replacement Seats
    As a carrier, you are not required to retrofit cabin interiors of
existing aircraft to include movable aisle armrests. However, when you
remove aisle seats on existing aircraft and replace them with newly
manufactured seats, one-half of the replacements seats must have
movable armrests. (Sec.  382.61(e)).

    Example: As a carrier, if you replace four aisle seats with
newly manufactured seats, then two of these seats must have movable
armrests. If you are replacing an odd number of seats, a majority of
the newly manufactured aisle seats installed must have movable
armrests. If you replace five aisle seats with newly manufactured
seats, at least three of the newly manufactured aisle seats must
have movable armrests. However, you are not required to have more
than 50 percent of the aisle armrests in the cabin be moveable.
Suppose your aircraft has 40 aisle seats, 20 of which have movable
armrests, and you decide to replace 5 aisle seats that do not have
movable armrests with newly manufactured seats. These new seats do
not have to include movable armrests.

3. Compliance Dates

------------------------------------------------------------------------

------------------------------------------------------------------------
U.S. Carrier..................  Movable aisle      You must meet the
                                 armrests.          requirements for
                                                    movable aisle
                                                    armrests, except for
                                                    the seat ratio
                                                    requirement, for all
                                                    new aircraft you
                                                    operate that were
                                                    initially ordered
                                                    after April 5, 1990,
                                                    or delivered after
                                                    April 5, 1992.
                               -----------------------------------------
                                Replacement aisle  You must meet this
                                 seats.             requirement for all
                                                    new aircraft you
                                                    operate that were
                                                    initially ordered
                                                    after April 5, 1990,
                                                    or delivered after
                                                    April 5, 1992.
                               -----------------------------------------
                                Seat ratio.......  You must meet these
                                                    requirements for new
                                                    aircraft you operate
                                                    that were initially
                                                    ordered after May
                                                    13, 2009, or are
                                                    delivered after May
                                                    13, 2010. (Sec.
                                                    382.61(f)).
                               -----------------------------------------
Foreign Carrier...............  Movable aisle      You must meet these
                                 armrests.          requirements, except
                                                    with respect to
                                                    replacement aisle
                                                    seats discussed
                                                    above, for new
                                                    aircraft you operate
                                                    that were initially
                                                    ordered after May
                                                    13, 2009, or are
                                                    delivered after May
                                                    13, 2010. (Sec.
                                                    382.61(f)).
                                Seat ratio.......
                               -----------------------------------------
                                Replacement aisle  You must meet the
                                 seats.             requirement
                                                    regarding
                                                    replacement aisle
                                                    seats for seats
                                                    ordered after May
                                                    13, 2009. (Sec.
                                                    382.61(g)).
------------------------------------------------------------------------

Priority Storage Space for Passenger Wheelchairs
(1) Aircraft With 100 or More Passenger Seats
    You must have a priority storage space in the cabin to stow at
least one typical adult-sized folding, collapsible, or break-down
manual wheelchair. This priority storage space must be at least 13
inches by 36 inches by 42 inches (13 x 36 x 42) to allow storage of the
wheelchair without removing its wheels or disassembling the wheelchair.
(Sec.  382.67(a)). Priority storage space for a passenger's wheelchair
in the cabin is important for two reasons. It is often more convenient
for a passenger to have a wheelchair close by when he or she leaves the
aircraft and to be able to get as close as possible to the aircraft
door for boarding. In addition, passengers with disabilities have the
same concerns as other passengers about the loss of or damage to their
property when it is checked.
    The priority storage space for a passenger's wheelchair must be in
addition to the normal under seat and overhead compartment storage
available for carry-on items. (Sec.  382.67(b)). In addition, if you
use a closet or other storage area for stowing the passenger's
wheelchair, the wheelchair has priority over other possible uses
including passenger bags and crewmember luggage.
    You should be aware that this requirement for priority space to
stow a passenger's manual wheelchair is in addition to requirements you
may have to carry an onboard wheelchair as discussed below. (Sec.
382.65).

    Note: Carriers are not required to carry electric wheelchairs in
the cabin.

(2) Compliance Dates

------------------------------------------------------------------------

------------------------------------------------------------------------
U.S. Carrier......................  You must meet the priority stowage
                                     space requirement for new aircraft
                                     you operate ordered after April 5,
                                     1990, or delivered after April 5,
                                     1992.
------------------------------------------------------------------------
Foreign Carrier...................  You must meet the priority stowage
                                     space requirement for new aircraft
                                     ordered after May 13, 2009, or
                                     delivered after May 13, 2010.
------------------------------------------------------------------------

Accessible Lavatories
    (1) Aircraft With More Than One Aisle
    Aircraft with more than one aisle that are equipped with lavatories
must have at least one lavatory accessible to passengers with a
disability. This accessible lavatory must allow the passenger to enter
the lavatory, maneuver within it and use all of its facilities, and
leave the lavatory using the aircraft's on-board wheelchair. The
accessible lavatory must afford privacy to persons using the on-board
wheelchair equivalent to that afforded ambulatory persons. The lavatory
must include door locks, accessible call buttons, grab bars, faucets
and other controls and dispensers usable by passengers with a
disability including wheelchair users and persons with manual
impairments. (Sec.  382.63(a)).
    You are not required to retrofit aircraft with accessible
lavatories. However, if you replace an inaccessible lavatory on an
existing twin-aisle aircraft, you must install an accessible lavatory.
(Sec.  382.63(c)).
(2) Aircraft With One Aisle
    You are not required, but may provide, an accessible lavatory on
aircraft with only one aisle. (Sec.  382.63(b)).
    You are not required to retrofit aircraft with one aisle with
accessible lavatories. (Sec.  382.63(c)).
(3) Compliance Dates

------------------------------------------------------------------------

------------------------------------------------------------------------
U.S. Carrier......................  You must meet all of the accessible
                                     lavatory requirements for new
                                     aircraft you operate that were
                                     initially ordered after April 5,
                                     1990 or delivered after April 5,
                                     1992. (Sec.   382.63(d) and (e)).
Foreign Carrier...................  You must meet the requirement for an
                                     accessible lavatory for new
                                     aircraft you operate that were
                                     initially ordered after May 13,
                                     2009 or delivered after May 13,
                                     2010. (Sec.   382.63(d)).
                                    However, beginning May 13, 2009, if
                                     you replace an inaccessible
                                     lavatory on an existing
                                     twin[dash]aisle aircraft you must
                                     install an accessible lavatory.
                                     (Sec.   382.63(e)).
------------------------------------------------------------------------

On-Board Wheelchairs
(1) Aircraft With More Than 60 Passenger Seats With an Accessible
Lavatory
    You must provide an on-board wheelchair if the aircraft has an
accessible lavatory. You must meet this requirement whether or not an
accessible lavatory is required as discussed above. However, the
Aerospatiale/Aeritalia ATR-72 and the British Aerospace Advanced
Turboprop (ATP) configured with between 60 and 70 passenger seats are
exempt from this requirement. (Sec.  382.65(a)).
(2) Aircraft With More Than 60 Passenger Seats With an Inaccessible
Lavatory
    Some passengers with limited mobility may be able to use an
inaccessible lavatory on their own but may need assistance to the
lavatory in an on-board wheelchair. Therefore, in an aircraft with more
than 60 passenger seats and an inaccessible lavatory, you must provide
an on-board wheelchair if a passenger with a disability informs you
that he or she is able to use an inaccessible lavatory but cannot reach
the lavatory from a seat without the use of an on-board wheelchair. You
may require the passenger to provide up to 48 hours' advance notice and
check-in 1 hour before the check-in time for the general public to
receive this service. (Sec. Sec.  382.65(b) and 382.27(c)(7)).
    In summary, with respect to all aircraft with more than 60
passenger seats, regardless of the age of the aircraft, you must
provide an on-board wheelchair if--
    (1) The aircraft has an accessible lavatory, or
    (2) A passenger with a disability gives up to 48 hours' notice that
the passenger can use an inaccessible lavatory. (Sec.  382.65)(b).
    You should be aware that if a particular aircraft is required to
have an on-board wheelchair and a storage space within the cabin for at
least one passenger's manual folding wheelchair, that aircraft must
have storage spaces for both of these wheelchairs and must accommodate
both of these wheelchairs.
(3) Compliance Dates

------------------------------------------------------------------------

------------------------------------------------------------------------
U.S. Carrier......................  You must have met the on[dash]board
                                     wheelchair requirements by May 13,
                                     2009.
------------------------------------------------------------------------
Foreign Carrier...................  You must have met the on[dash]board
                                     wheelchair requirements by May 13,
                                     2010.
------------------------------------------------------------------------

New In-Flight Audio-Visual Services
(1) High-Contrast Captioning
    As a carrier, you must ensure that all new videos, DVDs, and other
audio-visual displays used on the aircraft for safety and informational
purposes are high-contrast captioned. This requirement, however, does
not apply to informational audio-visual displays that were not created
under your control. (Sec.  382.69(a)). The Department of Transportation
(DOT) considers audio-visual displays as being created under your
control even if a contractor or other third party produces the display
as long as you have significant editorial control or approval of the
video's content. The use of the word ``new'' means that you are not
required to replace or retrofit existing audio-visual displays.
    ``High-contrast captioning'' means captioning that is at least as
easy to read as white letters on a consistent black background. (Sec.
382.3). The captioning must be in the predominant language or languages
that you use to communicate with passengers on the flight. If you
communicate in more than one language on the flight (for example,
French and English on a Canadian carrier), the captioning must be in
all of these languages. (Sec.  382.69(a)).

(2) Compliance Dates
    As a U.S. or foreign carrier, you must have met the high-contrast
captioning requirement with respect to audio-visual displays used for
safety purposes by November 10, 2009. (Sec.  382.69(b)). The captioning
requirement with respect to informational displays was effective
January 8, 2010. (Sec.  382.69(d)).
Maintaining Accessibility and Replacing or Refurbishing the Aircraft
Cabin
    You must maintain aircraft accessibility features in proper working
order. (Sec.  382.71(a)). In addition, any replacement or refurbishing
of the aircraft cabin must not reduce existing accessibility to a level
below that required under Part 382 for new aircraft. (Sec.  382.71(b))
. As discussed above, if you replace an inaccessible lavatory on an
existing twin-aisle aircraft, you would have to install an accessible
lavatory, unless the aircraft is already equipped with another
accessible lavatory. (Sec.  382.63(c)). If you remove aisle seats on
existing aircraft and replace them with newly manufactured seats, one-
half of the replacements aisle seats must have movable armrests. (Sec.
382.61(e)).

B. Seating Assignments and Accommodations

Only Safety Affects Seat Assignments
    You must not exclude a passenger with a disability from any seat or
require a passenger with a disability to sit in a particular seat based
on the passenger's disability, except to comply with FAA or foreign
government safety requirements. (Sec.  382.87(a)). If a passenger's
disability results in an involuntary active behavior that would result
in you properly refusing to provide the passenger transportation under
Sec.  382.19 and the passenger could be transported safely if seated in
another location, you must offer the passenger that particular seat
location as an alternative to refusing to provide the passenger
transportation. (Sec.  382.87(c)).

    Example:  A passenger with Tourette's syndrome (a neurological
disability that manifests itself by episodes of shaking, muscle
tics, and/or spasms and uncontrolled shouting, barking, screaming,
cursing, and/or abusive language) approaches the check-in desk,
self-identifies himself as a passenger with a disability, and
presents brochures explaining the disability to the agent. What
should you do?
    If safety is not an issue, you cannot restrict this passenger
from any particular seat, including an exit row. If this passenger's
disability causes him to physically touch other passengers or
crewmembers involuntarily, safety considerations could require that
he be seated in his own row, if available, as an alternative to you
refusing to provide the passenger transportation. However, if the
physical and/or verbal manifestations of this passenger's Tourette's
syndrome jeopardize the safety of others it might create a safety
concern. For example, if the passenger with Tourette's syndrome
involuntarily touches or strikes other passengers or crewmembers, or
the passenger is yelling ``fire'' or yelling continuously.
Continuous yelling could hinder other passengers from hearing
important crewmember announcements. Therefore, refusing to provide
the passenger with transportation could be appropriate.
    Although the passenger's conduct may create an uncomfortable
experience for other passengers, if the involuntary behavior is only
an annoyance and not a safety concern, you must not restrict the
passenger with Tourette's syndrome from any seating assignment.

Required Seating Accommodations for Passengers With Disabilities--Four
Specific Situations
    If a passenger self-identifies as a passenger with a disability,
there are four specific situations where you must provide a particular
seating accommodation. You must meet this requirement for passengers
who self-identify as having certain qualifying disabilities if the
passenger requests the accommodation and the type of seating
accommodation requested exists on the particular aircraft. (Sec.
382.81). The four situations are as follows:
    (1) Moveable armrests. If the passenger uses an aisle chair to
access the aircraft and cannot readily transfer over a fixed aisle
armrest, you must provide a seat in a row with a movable armrest. You
must train your personnel in the location and proper use of the movable
aisle armrests, including appropriate transfer techniques. In addition,
you must ensure that aisle seats with movable armrests are clearly
identifiable. (Sec.  382.81(a)).

    Note: Some carriers that have requested and been granted
equivalent alternative determination approvals for the movable
armrest requirement have training requirements stated in the grant
of approval that exceed those required under Part 382.

    (2) Adjoining seats. You must provide an adjoining seat for a
person assisting a passenger with a disability if the passenger is--
     Traveling with a personal care attendant who will be
performing functions during the flight that airline personnel are not
required to perform (for example, assistance with eating); (Sec.
382.81(b)(1))
     Visually impaired and traveling with a reader/assistant
who will be performing functions for the passenger during the flight;
(Sec.  382.81(b)(2))
     Hearing impaired and traveling with an interpreter who
will be performing functions for the passenger during the flight;
(Sec.  382.81(b)(3)) and
     Traveling with a safety assistant that you have required
under Sec.  382.29. (Sec.  382.81(b)(4)).
    (3) Service animal. If the passenger with a disability is traveling
with a service animal, you must provide either a bulkhead seat or a
seat other than a bulkhead seat, depending on the passenger's request.
(Sec.  382.81(c)).

    Note: A passenger traveling with a service animal would not be
permitted to sit in the bulkhead seat if that seat is located in an
emergency exit row. (14 CFR 121.585).

    (4) Fused or immobilized leg. If the passenger has a fused or
immobilized leg (that is, an inability to bend the leg as opposed to a
passenger whose legs are paralyzed but which can bend at the knees),
you must provide a bulkhead seat or other seat with more legroom than
other seats on the side of the aisle that best accommodates the
passenger's disability. (Sec.  382.81(d)).
Seat Assignment Methods
    The type of seat assignment method your carrier uses will determine
how you are to provide appropriate seating accommodations. You should
be aware of your carrier's method for managing seat assignments and be
able to explain it to passengers with disabilities and the general
passenger population depending on the circumstances.
Advance Seat Assignments
    Carriers providing advance seat assignments may use either the
block seating method or the priority seating method to provide the
seating accommodations discussed above. (Sec.  382.83(a)).
Block Seating Method
    Carriers may block an adequate number of seats to be used by
passengers who meet the requirements of Sec.  382.81. (Sec.
382.83(a)(1)). If your carrier employs the block method, you must not
assign these ``blocked seats'' to passengers other than the types of
passengers entitled to the accommodation until 24 hours before the
scheduled departure of the flight. (Sec.  382.83(a)(1)(i)). At any time
up until 24 hours before the scheduled departure of the flight, you
must assign a blocked seat to any passenger who qualifies for such a
seating accommodation. (Sec.  382.83(a)(1)(ii)).
    If a passenger with a disability who is entitled to a seating
accommodation listed above does not make a request for the
accommodation at least 24 hours before the scheduled departure of the
flight, you must provide the requested seating accommodation to the
extent

practicable, but you are not required to reassign a seat already
assigned to another passenger to do so. (Sec.  382.83(a)(1)(iii)).

    Example: A passenger with a service animal calls and speaks to
you, a reservation agent, several days before the scheduled
departure of her flight and requests a bulkhead seat. What should
you do?
    The aircraft has four bulkhead seats, two of which are blocked
under your carrier's reservation system for passengers traveling
with a service animal or passengers with an immobilized leg. Because
the passenger has requested the seating accommodation more than 24
hours in advance of the scheduled departure of the flight, you must
assign one of the blocked bulkhead seats to this passenger with the
service animal.
    If, on the other hand, the passenger with the service animal
requests the bulkhead seat within 24 hours of the scheduled
departure of the flight, you must provide the bulkhead seat to the
passenger and the service animal if available, but you are not
required to reassign a bulkhead seat already assigned to another
passenger.

    Note: Part 382 requires carriers to block an adequate number of
bulkhead seats for passengers with a fused or immobilized leg or a
passenger traveling with a service animal. DOT's Office of Aviation
Enforcement and Proceedings has interpreted ``adequate'' to mean,
for example, (in the context of bulkhead seating) that if an
aircraft has six total bulkhead seats, three on each side separated
by the main aisle, an ``adequate'' number of bulkhead seats that
must be blocked would be at least two of the six bulkhead seats.

Priority Seating Method
    Carriers may designate an adequate number of priority seats for
passengers with a disability who meet the requirements of Sec.  382.81.
(Sec.  382.83(a)(2)). Carriers that have chosen to use this seating
method must provide notice to any passenger assigned to a priority seat
(other than a passenger with a disability listed in Sec.  382.81) that
he or she may be reassigned to another seat if necessary to provide a
seating accommodation required under Part 382. (Sec.  382.83(a)(2)(i)).
A carrier may provide this potential reassignment notice through--
     Its computer reservation system,
     Verbal information provided by reservations personnel,
     Ticket notices,
     Gate announcements,
     Counter signs,
     Seat cards or notices,
     Frequent-flyer literature, or
     Other appropriate means. (Sec.  382.83(a)(2)(ii)).
    You must assign a ``priority seat'' to a passenger with a
disability entitled to such accommodation at the time the passenger
requests the accommodation. A carrier may require that the passenger
check in and request the seating accommodation at least 1 hour before
the standard check-in time for the flight. (The purpose for this
advance check-in is to allow carriers sufficient time to conduct any
seat reassignment that this method sometimes requires.) If all of the
designated priority seats have been assigned to other passengers who do
not have qualifying disabilities, you must reassign the seats of the
other passengers to accommodate the passenger with a disability
entitled to the seating accommodation. (Sec.  382.83(a)(2)(iii)).
    If a passenger with a disability who is entitled to a seating
accommodation does not check in at least 1 hour before the standard
check in time for the general public, you must provide the requested
seating accommodation, to the extent practicable, but you are not
required to reassign a seat assigned to another passenger to do so.
(Sec.  382.83(a)(2)(iv)).

    Example: A passenger with an immobilized leg requests a bulkhead
seat and checks in 2 hours before the standard check-in time for the
general public. Your carrier employs the ``priority'' seating method
and has designated two of the six bulkhead seats on the aircraft as
priority seating. The four non-priority bulkhead seats have been
previously assigned to passengers without any disabilities. One of
the two priority bulkhead seats has already been assigned to a
passenger traveling with a small service animal who requested the
seating accommodation and checked in at least 1 hour before the
standard check-in time for the general public. The second priority
bulkhead seat has been assigned to a passenger who also checked in 2
hours before the flight and who uses an aisle chair to board but
prefers the bulkhead seat to a seat in a row with a movable armrest.
What should you do?
    The passenger who uses the aisle chair to board should have
received notice that he has been assigned a ``priority'' seat.
Because that passenger does not have a fused or immobilized leg or
is not traveling with a service animal, the passenger is not
automatically entitled to a ``priority'' bulkhead seat. (However,
that passenger would be entitled to a ``priority'' seat in a row
with a movable armrest if he or she requested such a seat and
checked in at least 1 hour before the standard check-in time for the
flight.) The passenger using the aisle chair to board should have
been notified that you might have to reassign his seat if a
passenger with a service animal or a passenger with an immobilized
leg requests a ``priority'' bulkhead seating accommodation and
checks in at least 1 hour before the standard check-in time for the
flight. Therefore, the passenger using the aisle chair should be
reassigned to a seat in a row with a movable armrest and the
passenger with the immobilized leg should be assigned to the second
``priority'' bulkhead seat.

Seat Assignment Only on the Day of Flight
    If a carrier does not provide seat assignments until the day of the
flight, the carrier must use the priority seating method for passengers
with a disability who meet one of the four criteria described in Sec.
382.81. (Sec.  382.83(b)).
No Advance Seat Assignments (Use the Preboarding Method)
    If your carrier does not provide advance seat assignments including
the ability to pay for a seat in advance,\14\ you must allow passengers
who identify themselves as passengers with a disability in need of a
seating accommodation to preboard before all other passengers,
including other passengers entitled to preboard, and select the seats
that best meet their needs. (Sec.  382.83(c)).
---------------------------------------------------------------------------

    \14\ If a carrier allows passengers to pay for advance seating,
the carrier must use either the block or priority seating method.
---------------------------------------------------------------------------

Other Possible Seating Methods
    If your carrier wishes to use a method of assigning seats to
passengers with disabilities other than one of the methods provided for
in Subpart F of Part 382, it must receive written approval from DOT.
(Sec.  382.83(d)).
Seating Accommodations for Passengers With a Disability--Other Than One
of Those Specifically Discussed Above
    Carriers are also required to provide seating accommodations for
passengers who self-identify as having a disability other than one
involving any of the four criteria discussed above, and who need a
particular seat to ``readily access and use'' the carrier's services.
(Sec.  382.85). (This is referred to as the catchall category).
Carriers should evaluate a passenger's request for a seating
accommodation covered by the catchall category based on a case-by-case
analysis of the nature of the passenger's specific disability and the
extent to which that disability necessitates the requested seating
accommodation for the passenger to readily access the aircraft.
    For example, if a passenger self-identified as being deaf or
diabetic and requested a bulkhead seat assignment, a carrier would not
be required to assign such a passenger to a bulkhead seat because the
passenger is able to readily able to use a seat other than in a
bulkhead row. On the other hand, a very large non-ambulatory passenger
boarding with an aisle wheelchair whose size makes it very difficult
for

him to fit down the main aisle would probably be entitled to an
available bulkhead seat (provided that the bulkhead row is not an
emergency exit row) because he could not otherwise readily access the
aircraft.
Advance Seat Assignments
Block Seating Method (For the ``Catchall'' Category)
    When a passenger with a disability, which does not meet one of the
four specific criteria described in Sec.  382.81 makes a reservation
more than 24 hours before the scheduled departure time of a flight and
the carrier uses the block seating method, the carrier is not required
to offer one of the seats blocked for the passengers with disabilities
who are specifically entitled to the seating accommodations described
above in Sec.  382.81. However, you must assign the passenger with a
disability any seat not already assigned to another passenger that
accommodates the passenger's needs, even if that seat is not available
for assignment to the general passenger population at the time of the
request. (Sec.  382.85(a)(1)(i).

    Example: A passenger with arthritis in his spine, making his
back extremely stiff, calls a week before his flight and asks you,
the reservation agent, for a bulkhead seat. He explains that it is
much easier and less painful for him to access a bulkhead seat
because he has to be lowered into the seat with assistance from
another person, and that this process is much more difficult, if not
impossible, in any row other than a bulkhead row. The aircraft has
six bulkhead seats, two of which are ``blocked'' under your
carrier's reservation system for passengers traveling with service
animals or passengers with a fused or immobilized leg. One of the
four remaining bulkhead seats is unassigned when he calls. What
should you do?
    Although your carrier normally reserves such seats for its
frequent flier passengers, you must assign the remaining bulkhead
seat to the passenger with arthritis in his spine because the seat
was unassigned at the time of his request and he has a reasonable
argument that he needs the bulkhead seat to readily access the
aircraft.

Priority Seating Method (For the ``Catchall'' Category)
    If your carrier uses the priority seating method, you must assign a
passenger with a disability (which does not meet one of the four
specific criteria described in Sec.  382.81) any seat not already
assigned to another passenger that accommodates the passenger's needs,
even if that seat is not available for assignment to the general
passenger population at the time of the request. Your carrier may
require the passenger to check in 1 hour before the standard check-in
time for the flight. If this passenger with a disability is assigned to
a designated priority bulkhead seat, the passenger is subject to being
reassigned to another seat if necessary to provide a seating
accommodation to a passenger with a disability entitled to and who
requests a required seating accommodation described above. (Sec.
382.85(a)(2)).

    Example: The same passenger, with arthritis in his spine, from
the previous example, calls your carrier, asking for a bulkhead
seat, but your carrier uses the ``priority'' seating method. The
aircraft has six bulkhead seats, two of which are ``priority'' seats
for passengers traveling with service animals or passengers with
immobilized legs. At the time of the call, all four of the other
``non-priority'' bulkhead seats have been assigned to other
passengers, but the two priority seats are unassigned. What should
you, as a reservation agent, do?
    You should assign the passenger with arthritis in his spine one
of the two unassigned ``priority'' seats, but you must notify him
that he may have his'' priority'' seat reassigned if another
passenger who is specifically entitled to a ``priority'' seat
requests one. On the day of the flight, a passenger with a service
animal and a passenger with a fused leg arrive more than 1 hour
before the standard check-in time for the same flight and request
bulkhead seats. In this instance, you would inform the passenger
with arthritis in his spine that his ``priority'' seat must be
assigned to one of those passengers and that he must be moved to
another seat. As a matter of good customer service, he may be
assigned an aisle seat because it would be easier for him to access,
or you could ask a passenger with a bulkhead seat who does not have
a disability if he or she would mind trading seats with the
passenger.

No Advance Seat Assignments (Use the Preboarding Method)
    If your carrier does not provide advance seat assignments including
the ability to pay for an advance seating assignment,\15\ you must
allow passengers who identify themselves as passengers with a
disability in need of a seating accommodation to preboard before all
other passengers, including other passengers entitled to preboard, and
select the seats that best meet their needs. (Sec.  382.85(b))
---------------------------------------------------------------------------

    \15\ As previously noted, if a carrier allows passengers to pay
for advance seating, the carrier must use either the block or
priority seating method.
---------------------------------------------------------------------------

Seat Assignments Only on the Day of Flight (For the ``Catchall''
Category)
    If your carrier does not assign seats to passengers until the day
of the flight, it must use the priority seating method for passengers
with a disability. (Sec.  382.85(c)).
Other Issues Relating to Seat Assignments
    As a carrier, you--
     Must comply with all FAA and applicable foreign government
safety requirements, including exit row seating requirements in 14 CFR
121.585, when responding to requests from passengers with a disability
for seating accommodations. (Sec.  382.87(b)).
     Must not deny transportation to any passenger on a flight
in order to provide a seat accommodation required by Subpart F to a
passenger with a disability. (Sec.  382.87(e)).
     Cannot reassign the seat of a passenger with a disability
who has received a seat assignment as required by Subpart F even if
another passenger with a disability requests the same seat unless the
first passenger agrees to the reassignment. (Sec.  382.87(d)) The only
exception is when you assign a designated ``priority'' seat to a
passenger with a disability who is not required to receive a seating
accommodation specified in Sec.  382.81. (Sec.  382.85(a)(2)(ii)).
     Are not required to provide more than one seat per ticket
or a seat in a class of service other than the one the passenger has
purchased to accommodate a passenger with a disability who requests a
seating accommodation. (Sec.  382.87(f)).

    Example: A passenger with an economy/coach class ticket and an
immobilized leg (with a full-leg cast) arrives more than 1 hour
before the standard check-in time for his flight. He arrives at the
check-in counter, explains his disability, and insists that he is
entitled to a seat in first class to accommodate his extended leg.
Your carrier uses the priority seating method for advance seat
assignments. What should you do?
    Because the passenger has identified himself as a passenger with
a disability and requested a seat assignment to accommodate his
disability, you must provide a bulkhead seat or other seat with more
legroom than other seats on the side of the aisle that best
accommodates him. While first class seats generally have more
legroom than economy/coach class seats, you are not required to
provide a seat in a class of service other than the one the
passenger has purchased to accommodate the passenger. You should
explain politely and respectfully that under the law, you must seat
him in either a bulkhead seat or an aisle seat in economy/coach
class on the side of the aircraft that would best accommodate his
leg. At his subsequent request for a bulkhead seat in economy/coach
class, you must arrange to move another passenger from the bulkhead
seat in economy/coach class and give it to the passenger with the
immobilized leg unless the seats have already been assigned to
passengers entitled to retain those seats under the rules discussed
above. Although you are not required to do so, you may choose to
seat him in a first class seat that would accommodate his
immobilized leg.

    As previously noted, some carriers now offer passengers the
option of paying an extra fee for obtaining advance seat assignments
for preferred seats that provide, for example, greater legroom than
other seats in the same class of service. Such policies are
permitted, provided that carriers also reserve (that is, block or
prioritize) an adequate number of seats to comply with DOT rules
providing seating accommodations for qualified individuals with
disabilities at no extra cost to such passengers, as discussed
above.

C. Boarding and Deplaning Assistance

Preboarding Passengers With a Disability
    As a carrier, you must offer 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. (Sec.
382.93) This obligation exists regardless of your preboarding policies
for other passengers (for example, families traveling with small
children). You are not obligated to make a general announcement about
preboarding in the gate area for passengers with disabilities if you do
not make preboarding announcements for other passengers. However, as a
matter of general nondiscrimination principles, if a passenger self-
identifies as needing preboarding and if you make a preboarding
announcement in the gate area for other passengers you would have to
make such an announcement for passengers with a disability.
General Obligations for Boarding and Deplaning Assistance
    If a passenger with a disability requests assistance getting on or
off an aircraft, or you or the airport operator offer assistance, and
the passenger consents to the type of boarding or deplaning assistance
offered, you must promptly provide such assistance. (Sec.  382.95(a))
In the case of deplaning a non-ambulatory passenger, if the passenger
has provided advance notice that he or she will need wheelchair
deplaning assistance to exit the aircraft and the carrier has
documented the passenger's reservation record with a Special Service
Request (SSR) notation to that effect, ``promptly'' means that
personnel and an appropriate deplaning aisle wheelchair should be
available to assist the passenger with a disability in exiting the
aircraft as soon as the last ambulatory passengers has deplaned. If the
passenger with a disability is able to walk off the aircraft along with
the other passengers but needs a wheelchair to travel from the aircraft
into the terminal, carrier personnel and a wheelchair should be waiting
at the door of the aircraft when the deplaning process begins.
    The type of assistance you must offer includes the services of
personnel and the use of wheelchairs, accessible motorized carts,
ramps, or mechanical lifts as required under Part 382. (Sec.
382.95(a)). Be mindful that a wheelchair is not required or desired in
all cases. A wheelchair may not be an appropriate assistive device in a
particular situation. For example, a passenger with a vision impairment
may request a sighted guide rather than a wheelchair, and requiring
such a passenger to accept wheelchair service that is neither requested
nor required to accommodate the passenger's disability would violate
DOT's rule. (Sec.  382.11(a)(2)).
    You must train employees to proficiency in the use of the boarding
assistance equipment and procedures regarding the safety and dignity of
passengers receiving boarding assistance. (Sec.  382.141(a)(1)(iii) and
(b)) See Chapter 8: Personnel Training, for additional information on
employee/contractor training requirements.
Boarding and Deplaning Assistance Where Level-Entry Boarding Is
Unavailable
    As a carrier operating aircraft with 19 or more passenger seats at
U.S. commercial service airports with 10,000 or more annual
enplanements, you must provide boarding and deplaning assistance to
passengers with a disability using lifts or ramps if level-entry
loading bridges or accessible passenger lounges are not available.
(Sec.  382.95(b)). U.S. carriers have been required to provide level-
entry boarding at such U.S. airports for many years, and foreign
carriers have been required to provide it no later than May 13, 2011.
See Appendix II for a discussion of the agreements carriers must have
with airports for the provision of lifts where level-entry loading
bridges are not available. (Sec.  382.99).
    However, boarding assistance using a lift is not required on:
     Aircraft with fewer than 19 passenger seats;
     Float planes;
     The following 19-seat capacity aircraft models that are
unsuitable for boarding assistance using a lift: the Fairchild Metro,
the Jetstream 31 and 32, the Beech 1900 (C and D Models), and the
Embraer EMB-120; or
     Any other aircraft model the DOT determines to be
unsuitable for boarding and deplaning assistance by lift, ramp, or
other suitable device. (Sec.  382.97(a) through (c)).
    As a carrier at a U.S. airport that you own, lease, or control, you
must ensure that there is an accessible route (one meeting the
requirements of the Americans with Disabilities Act Accessibility
Guidelines (ADAAG)) between the gate and boarding area whenever an
accessible passenger lounge to and from an aircraft or other means of
level-entry boarding and deplaning is not available. An ``accessible
route'' essentially means that a passenger should be able to travel
from the gate area to the tarmac level while remaining in a wheelchair,
and does not include stairs, steps, or escalators. (Sec.
382.51(a)(2)).
    As a carrier, you may require that a passenger seeking boarding and
deplaning assistance using a lift or ramp check in for the flight 1
hour before the standard check-in time for the flight. However, if the
passenger checks in after this time you must make a reasonable effort
to accommodate the passenger and provide the boarding assistance using
a lift or ramp if it would not delay the flight. (Sec.  382.99(d)).
When Level-Entry Boarding and Deplaning Is Not Required
    When level-entry boarding and deplaning assistance is not required,
you must still provide assistance to passengers with a disability in
boarding and deplaning aircraft. (Sec.  382.101). For example, boarding
and deplaning assistance using lifts is not required at smaller U.S.
airports (that is, airports with less than 10,000 annual enplanements)
or at any foreign airports; when severe weather or unexpected
mechanical breakdowns prevent the use of a lift; or when you are using
one of the unsuitable aircraft listed in the previous discussion.
(Sec.  382.101(a), (b), (c), and (e)).
    Boarding assistance must be provided by any available means to
which the passenger consents. In such situations, you should present
the various options available to the passenger. However, as discussed
below, you must never physically hand-carry the passenger even if the
passenger consents unless this is the only way to evacuate the
passenger in the event of an emergency. (Sec.  382.101). If the
passenger does not consent to the available means of boarding
assistance, you should contact a Complaints Resolution Official (CRO).
Attending to Passengers in a Wheelchair
    You may not leave a passenger unattended in a ground wheelchair,
boarding wheelchair or other device in which the passenger is not
independently mobile for more than 30 minutes. This requirement applies
even

if another person, including a family member or personal care
attendant, is accompanying the passenger unless the passenger
explicitly consents. A person who is not independently mobile is a
person who would not be able to get up from the wheelchair and maneuver
to areas of the terminal such as the restroom or a food service
provider without mobility assistance. (Sec.  382.103).
Except in an Emergency Evacuation, No Hand-Carrying of Passengers
    Under no circumstance, except for emergency evacuations, should you
hand-carry a passenger with a disability to provide boarding or
deplaning assistance. Hand-carrying is defined as directly picking up
the passenger's body in the arms of one or more carrier personnel to
move the passenger from the tarmac level to the aircraft door for
boarding or, vice versa, for deplaning. (Sec.  382.101).

    Note: Transferring a passenger from a wheelchair to a boarding
chair or a boarding chair to an aircraft seat is not considered
hand-carrying a passenger, and is often required for passengers who
are unable to conduct such transfers without assistance.

    Example: A woman asks for assistance in boarding a flight with
30 passenger seats. General boarding for passengers is by a set of
stairs on the tarmac. When she arrives at the gate and asks for
boarding assistance, she is provided a boarding wheelchair, but you
inform her that the mechanical lift is not working. The passenger
tells you to physically pick her up and carry her up the stairs and
onto the aircraft because she really needs to make the flight. What
should you do?
    Under the law, you must never physically hand-carry the
passenger onto the aircraft. Hand-carrying is only appropriate in
the case of an emergency evacuation. Even though the law states that
a passenger with a disability must consent to the type of boarding
assistance and she has requested to be hand carried, you must not
hand-carry her onto the aircraft. Instead, you should contact a CRO
for advice about options for alternative means of boarding the
passenger. You and the CRO should explain to the passenger that,
under the law, you are not permitted to physically hand-carry her
onto the aircraft. In addition, you should explore other available
options for assisting this passenger with boarding the aircraft,
including carrying the passenger onto the aircraft in a boarding
wheelchair or arranging for another flight with a working lift or a
loading bridge. If the passenger consents to being carried onto the
aircraft in the boarding wheelchair, you may do so. Regardless, you
should notify the appropriate personnel that the mechanical lift is
not functioning properly and arrange for repair as quickly as
possible.

Connecting Assistance
    If a passenger with a disability requests transportation between
gates to make a connecting flight, you must provide, or ensure the
provision of, such assistance. If the arriving flight and departing
flight are operated by different carriers, the carrier that operated
the arriving flight has this responsibility. (Sec.  382.91(a)). Chapter
4: Assisting Air Travelers with Disabilities at the Airport, has a more
detailed discussion of the assistance a carrier must provide to
passengers with a disability who are moving within the airport
terminal.
Airport Operators at Foreign Airports--Boarding, Deplaning, and
Connecting Assistance
    At some foreign airports, the airport operators rather than the
carriers are responsible for providing boarding, deplaning, or
connecting assistance for passengers. If the airport operator provides
this assistance rather than carriers, you, as a carrier, may rely on
the services provided by the airport operator. However, if the
boarding, deplaning, or connecting services the airport operator
provides are not sufficient to meet Part 382, you must supplement those
services to ensure the assistance requirements are met. If you believe
you are not legally permitted to supplement the airport operator's
services, you may apply for a conflict of laws waiver under Sec.
382.9. (Sec.  382.105).

D. Stowing and Treatment of Assistive Devices

    You should be familiar with the regulatory requirements for storage
and treatment of assistive devices used by passengers with a
disability, including ventilators and respirators; spillable and
nonspillable batteries; canes; and wheelchairs. (Part 382, Subpart I).
Storing Mobility Aids and Other Assistive Devices in the Aircraft Cabin
    You must allow passengers with a disability to bring the following
mobility aids and assistive devices into the aircraft cabin consistent
with FAA, PHMSA, Transportation Security Administration (TSA or
applicable foreign government requirements concerning safety, security,
and hazardous materials:
     Manual wheelchairs, including folding or collapsible
wheelchairs;
     Other mobility aids, such as canes, crutches and walkers;
and
     Other assistive devices, such as prescription medications
and the devices needed to administer them (such as syringes or auto-
injectors); vision-enhancing devices; and portable oxygen concentrators
(POCs), ventilators, and respirators that use nonspillable batteries as
long as they comply with applicable safety, security and hazardous
materials rules. (Sec.  382.121(a)(1) through (a)(3)).

    Note: Carriers are not required to permit passengers to bring
electric wheelchairs, Segways, or scooters into the aircraft cabin.

    You must not count mobility aids and other assistive devices
brought on board the aircraft by a passenger with a disability toward
your airline's limit for passenger carry-on baggage. (Sec.
382.121(b)). Wheelchairs and other assistive devices that cannot be
stowed in the cabin must be stowed in the baggage compartment with
priority over other cargo and baggage. (Sec.  382.125(a) and (b)). In
addition, because carriers cannot charge for facilities, equipment, or
services required under Part 382, no charges may be imposed for
assistive devices brought into the cabin or checked or if a wheelchair
or other assistive device exceeds the normal weight limit on checked
baggage. (Sec.  382.31(a)).
    Chapter 3: Assisting Air Travelers with Disabilities Planning a
Trip, above, also discusses a carrier's obligations with regard to
mobility aids and assistive devices.
Priority Stowage of Wheelchairs and Other Assistive Devices
    A passenger with a disability who takes advantage of preboarding
may stow his or her folding wheelchair in the aircraft's priority
storage space (discussed above in Section A, Aircraft Accessibility)
with priority over all other items. You must move items that carrier
personnel have stowed in this area, including crewmember luggage and
on-board wheelchairs, even if these items were stowed before the
passenger boarded the aircraft. This includes items placed in this area
on a previous leg of the flight. (Sec.  382.123(a)(1)). You must also
allow passengers with a disability who preboard to stow other assistive
devices in this area with priority over other items except
wheelchairs.\16\ (Sec.  382.123(a)(2)).
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    \16\ A carrier might require FAA approval to stow assistive
devices other than a wheelchair in the priority stowage space.
---------------------------------------------------------------------------

    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-
serve basis with respect to other passengers' items. (Sec.
382.123(a)(3)).
    If a passenger's wheelchair exceeds the dimensions of the priority
storage space while folded but otherwise fully assembled but will fit
if the wheels or other components are removed without the use of tools,
you must remove those components and stow the wheelchair in

the priority space. You must store the removed components in the areas
provided for carry-on luggage. (Sec.  382.123(b)).

    Note: The rule currently prohibits the use of the ``seat-
strapping'' method of carrying a wheelchair in any aircraft you
ordered after May 13, 2009, or which is delivered after May 13,
2011. (Sec.  382.123(c)). There is currently DOT rulemaking pending
regarding the use of the ``seat-strapping'' method and whether this
practice should be permitted. (76 FR 32107) \17\

    \17\ Pursuant to JetBlue Airways' petition to stay the
effectiveness of 14 CFR 382.67 and 14 CFR 382.123(c), the Office of
the Assistant General Counsel for Aviation Enforcement and
Proceedings will not enforce the requirement that aircraft ordered
after May 13, 2009, or delivered after May 13, 2010, have a priority
space in the cabin of sufficient size to stow a passenger's manual
folding wheelchair as required by section 382.67 and will allow
carriers to continue using seat-strapping, as permitted by the
Federal Aviation Administration or, if applicable, foreign safety
authorities, until the rulemaking process is complete. See DOT-OST-
2010-0115.
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Mobility Aids and Other Assistive Devices That Cannot Be Stowed in the
Aircraft Cabin
    You must stow mobility aids, including wheelchairs, and other
assistive devices in the baggage compartment with priority over other
cargo and baggage if an approved stowage area is not available in the
cabin or the items cannot be transported in the cabin consistent with
FAA, PHMSA, TSA, or applicable foreign government requirements. (Sec.
382.125(a)). You need to transport only those items that fit into the
baggage compartment and can be transported consistent with FAA, PHMSA,
TSA, or applicable foreign government requirements on stowage of items
in the baggage compartment. (Sec.  382.125(b)). DOT recognizes there
may be some circumstances in which it is not practical to stow an
electric wheelchair or some other assistive device in the baggage
compartment, and you are not required to do so if it would constitute
an undue burden. (Sec.  382.13(c)). For example, some larger scooters
may not fit in smaller aircraft.
    If other passengers' items are removed from the aircraft to
accommodate assistive devices, you must use your best efforts to ensure
that the items are delivered to the passenger's destination on your
next flight. The ``next flight'' may be a flight within 1 or 2 hours
for domestic destinations or a matter of days with respect to some
international destinations. (Sec.  382.125(b)).
    When a passenger's wheelchair, other mobility aids, or other
assistive devices cannot be stowed in the cabin as carry-on baggage,
you must ensure these items are timely checked and returned as close as
possible to the door of the aircraft so that the passenger with a
disability can use his or her own equipment, where possible, consistent
with Federal regulations concerning transportation security and the
transportation of hazardous materials. (Sec.  382.125(c)(1)). If, on
the other hand, a passenger with a disability requests that these items
be returned at the baggage claim area instead of at the door of the
aircraft, you must do so. (Sec.  382.123(c)(2)). To ensure the timely
return of a passenger's wheelchair, other mobility aids, or other
assistive devices, they must be among the first items retrieved from
the baggage compartment. (Sec.  382.125(d)).

    Example: A passenger with multiple sclerosis is one of many
passengers on a flight who is informed that the flight is cancelled
because of mechanical problems. It is late at night and the carrier
has announced that the passengers will be provided a hotel room for
the night and rescheduled on a flight leaving the following morning.
The passenger with multiple sclerosis approaches you when she hears
the announcement and explains that she needs access to her checked
luggage because it contains her syringes and medication for her
multiple sclerosis, which she must take on a daily basis. What
should you do?
    The passenger's syringes and medication would be considered
assistive devices. (Sec. Sec.  382.3 and 382.121(a)(3)). Because the
passenger requested the return of her assistive device, you must
return it to her if no extenuating circumstances prohibit the return
of the items, for example, the carrier placed the baggage on an
earlier flight to the passenger's final destination. (Sec.
382.125(c)). As a matter of customer service, you may also advise
such passengers (for example, through the carrier's Web site or
other consumer information materials) that your carrier recommends
to all of its passengers who require such medication or other items
for medical necessity to bring a carry-on bag containing the
medication or other items on board. Such medication carry-on bags
would not be counted toward the passenger's carry-on baggage
allowance.

Battery-Powered Mobility Aids
    As a carrier, you must accept a passenger's battery-powered
wheelchair or other similar mobility device, including the battery, as
checked baggage unless baggage compartment size and aircraft
airworthiness considerations prohibit it. (Sec.  382.127(a)).
Check-In and Advance Notice Requirements (for Passengers With Battery-
Powered Mobility Devices)
    Aircraft with 60 or more passenger seats. You may require that the
passenger check in for the flight 1 hour before the check-in time for
the general public. However, even if the passenger does not check in
within this time, you must make a reasonable effort to accommodate the
passenger and transport the battery-powered wheelchair or other similar
mobility aid provided it would not delay the flight. (Sec.
382.127(b)).
    Aircraft with fewer than 60 passenger seats. You may require a
passenger with a disability to provide up to 48 hours' advance notice
and check in 1 hour before the check-in time for the general public if
the passenger wishes transportation of an electric (battery-powered)
wheelchair. (Sec.  382.27(c)(4)).
Battery Handling (for Wheelchairs, Scooters, and Other Mobility Devices
Using Traditional Spillable or Nonspillable Battery Technology) \18\
---------------------------------------------------------------------------

    \18\ PHMSA has several rules that govern the carriage of
battery-powered devices as checked baggage. 49 CFR 175.10(a)(15)
regulates non-spillable battery powered devices as checked baggage;
49 CFR 175.10(a)(16) regulates spillable battery powered devices as
checked baggage; and, 49 CFR 175.10(a)(17) regulates lithium ion
battery powered devices as carry-on or checked baggage. See FN 18
below. Note that Part 382 never requires that carriers allow battery
powered wheelchair in the cabin as carry-on baggage.
---------------------------------------------------------------------------

    You must not require that the battery be removed and separately
packaged if the--
     Manufacturer has labeled the battery on a wheelchair or
other similar mobility device as nonspillable, or
     For a spillable battery, the battery-powered wheelchair
can be loaded, stored, secured, and unloaded in an upright position.
    However, you must remove and package separately any battery that
(1) is inadequately secured to a wheelchair or (2) if the battery is
spillable and it is contained in a wheelchair that cannot be loaded,
stowed, secured and unloaded in an upright position consistent with DOT
hazardous materials regulations. Whenever your carrier is required to
remove and provide hazardous material packaging for a battery, your
carrier may require a passenger to provide up to 48 hours' advance
notice and check in 1 hour before the standard check-in time. (Sec.
382.27(c)(5)). A damaged or leaking battery should not be transported.
(Sec.  382.127(c)).
    Finally, you must not disconnect the battery on a wheelchair or
other mobility device if the battery is nonspillable and it is
completely enclosed within a case or compartment integral to the design
of the device unless you are required to do so under FAA, PHMSA, or
foreign government safety regulations. (Sec.  382.127(e)).
    When it is necessary to detach a battery from a wheelchair or other

mobility device, you must provide packaging for the battery, if
requested, and package the battery consistent with appropriate
hazardous materials regulations. However, you are not required to use
packaging materials or devices you do not normally use for this
purpose. (Sec.  382.127(d)). You must not charge for such packaging.
(Sec.  382.31(a)). You must not drain batteries. (Sec.  382.127(f)).
    If the physical size of a cargo compartment does not permit you to
safely carry a wheelchair, other mobility aid, or assistive device
upright without the risk of serious damage to the wheelchair, aid, or
device, or the carriage of such a mobility aid in a small baggage
compartment causes a load imbalance that violates weight and balance
safety requirements, you may legitimately decline transportation of the
item on the flight. However, you should assist the passenger in
identifying a flight using an aircraft that can accommodate the
wheelchair, aid, or device.
Assembly and Disassembly of Wheelchairs, Mobility Aids, and Assistive
Devices
    You must permit passengers with a disability to provide written
instructions concerning the disassembly and reassembly of their
wheelchairs, other mobility aids and other assistive devices. (Sec.
382.129(a)). When you disassemble these items, you must reassemble them
and ensure their prompt return to the passenger with a disability. In
addition, you must return a wheelchair, other mobility aid or other
assistive device to the passenger in the same condition in which you
received it. (Sec.  382.129(b)).
Passenger-Supplied Electronic Respiratory Assistive Devices
    U.S. carriers conducting passenger service (except for on-demand
air taxi operators)
    You must permit a passenger with a disability to use the following
passenger-supplied electronic respiratory assistive devices in the
passenger cabin during all phases of flight on all aircraft designed
with a maximum passenger seating capacity of more than 19 seats:
     Ventilators;
     Respirators;
     Continuous positive airway pressure (CPAP) machines; and
     FAA-approved POCs.
    You must allow such devices to be used in the cabin during air
transportation if they--
     Meet applicable FAA requirements for medical portable
electronic devices,
     Display a manufacturer's label indicating such compliance
(see Note on labeling below), and
     The device can be stowed and used in the cabin consistent
with applicable TSA, FAA, and PHMSA regulations. (Sec.  382.133(a)(1)
and (a)(2)) \19\
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    \19\ For applicable PHMSA regulations regarding ``portable
electronic devices'' that use cells or batteries, see 49 CFR
175.10(a)(18). This rule is not specific to disability assistive
devices. DOT recognizes that the International Civil Aviation
Organization (ICAO) states that portable medical electronic devices
containing lithium metal or lithium-ion batteries may be carried by
passengers for medical use but ``no more than two spare batteries
may be carried in carry-on baggage.'' DOT's Pipeline and Hazardous
Material Safety Administration (PHMSA) rule currently does not
contain a limit on the number of lithium metal or lithium-ion
batteries that may be carried by passengers for medical use.
Therefore, DOT currently require carriers through its disability
regulation to allow a passenger to transport in carry-on baggage as
many spare lithium metal or lithium-ion batteries as needed for
medical use subject to the gram content restrictions stated in the
PHMSA regulation cited above. U.S. and foreign carriers are
obligated to comply with the current PHMSA regulation unless a
conflict of law request has been filed and approved by DOT.
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    Carrier personnel should inspect the device's label at the
departure gate to ensure the device is labeled properly and that the
passenger has an adequate number of batteries (that is, 150 percent of
the maximum expected duration of the flight) for the flight and that
they are properly packaged.)
Foreign Carriers Conducting Passenger Service (Except Operations
Equivalent to a U.S. Carrier On-Demand Air Taxi Operation
    You must permit passengers with a disability to use the electronic
respiratory assistive devices listed above (ventilator, respirator,
CPAP machine, or POC of a kind equivalent to an FAA-approved POC for
U.S. carriers) during flight in the passenger cabin of aircraft,
originally designed with a maximum passenger seating capacity of more
than 19 seats during operations to, from or within the United States.
However, this requirement does not apply to foreign operations that are
equivalent to on-demand air taxi operations by U.S. carriers. (Sec.
382.133(b)).
    You must permit the use of such devices if they--
     Meet requirements for medical portable electronic devices
established by your foreign government (or if no such requirements
exist you may apply applicable FAA requirements for U.S. carriers),
     Have a manufacturer's label indicating such compliance
(see Note on labeling below), and
     The device can be stowed and used in the cabin consistent
with TSA, FAA and PHMSA regulations and the safety and security
regulations of your foreign government. (Sec.  382.133(b)(1) through
(b)(3)).
    Carrier personnel should inspect the device's label at the
departure gate to ensure the device is labeled properly and that the
passenger has an adequate number of batteries for the flight and that
they are properly packaged.\20\
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    \20\ In regards to lithium ion battery-powered respiratory
devices, PHMSA has no prohibition or limitation on the number of
batteries a passenger is allowed to carry on to power their
respiratory device. PHMSA's rules differ from the ICAO standards
which permit only two extra batteries. As PHMSA has not adopted the
same rule, U.S. carriers are obligated to allow a passenger to bring
the lithium-ion batteries on-board as long as they are packaged
according to PHMSA standards. Foreign carriers are also obligated to
carry the lithium-ion batteries unless there is a conflict of law.

    Note: Since the issuance of revised Part 382 on May 13, 2008,
some carriers have denied passengers the use of POCs onboard the
aircraft because the devices did not have a manufacturer's label
indicating that the device complies with the standards of RTCA/DO-
160 or other applicable FAA or foreign requirements for portable
medical electronic devices, even though the POC has been approved by
the FAA for in-flight use. The DOT strongly encourages carriers to
allow passengers to use any such FAA-approved POC if the conditions
in Special Federal Aviation Regulation No. 106 (SFAR 106) for use of
portable oxygen concentrator systems onboard aircraft are followed
even if the device has not been labeled.\21\ (See DOT Notice on this
issue at http://airconsumer.ost.dot.gov/rules/Notice_10_28_09.pdf). Under SFAR 106, the FAA reviews the tests of POCs and
determines whether the POCs meet safety requirements for medical
portable electronic devices and are safe for use in-flight subject
to certain conditions. The FAA specifically lists any POC brands and
models that it deems acceptable for use onboard aircraft in SFAR
106. (14 CFR part 121, SFAR 106). (A list of FAA-approved POCs can
be found on the FAA's Web site at http://www.faa.gov/about/initiatives/cabin_safety/portable_oxygen/).
---------------------------------------------------------------------------

    \21\ The Use of Passenger-Supplied Electronic Respiratory
Assistive Device on Aircraft, October 28, 2009. See http://airconsumer.dot.gov/rules/notice_10_28_09.pdf. The notice also
covers other electronic respiratory assistive devices.
---------------------------------------------------------------------------

    Chapter 3, Assisting Air Travelers with Disabilities Planning a
Trip, also discusses passenger-supplied electronic respiratory
assistive devices. Specifically, Chapter 3 discusses the information
a carrier must provide during the reservation process to passengers
with a disability who wish to use such devices during a flight and
the conditions a passenger must meet to bring the device on the
aircraft.

Baggage Liability Limits
    On domestic U.S. flights the baggage liability limits (14 CFR Part
254, Domestic Baggage Liability Limits), do

not apply to loss, damage, or delay concerning wheelchairs, other
mobility aids, or other assistive devices. Rather, the basis for
calculating the compensation for lost, damaged, or delayed mobility
aids, including wheelchairs, or other assistive devices must be the
original purchase price of the device. (Sec.  382.131).

    Note: Baggage liability limits for international travel,
including flights of U.S. carriers, are governed by the Montreal