[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Proposed Rules]
[Pages 39799-39855]
[FR Doc No: 2012-15233]

Vol. 77

Thursday,

No. 129

July 5, 2012

Part II

Department of Transportation

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Office of the Secretary

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14 CFR Part 382

Nondiscrimination on the Basis of Disability in Air Travel: Draft
Technical Assistance Manual; Proposed Rule

Federal Register / Vol. 77 , No. 129 / Thursday, July 5, 2012 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket No. DOT-OST-2012--0098]

Nondiscrimination on the Basis of Disability in Air Travel: Draft
Technical Assistance Manual

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

ACTION: Request for comments.

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

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

ADDRESSES: You may file comments identified by the docket number DOT-
OST-2012-0098 by any of the following methods:
    [cir] Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the online instructions for submitting written comments.
    [cir] Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE., Room W12-140, Washington, DC
20590-0001.
    [cir] Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
    [cir] Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT- OST-2012-0098 at the beginning of your comment. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment if submitted on behalf
of an association, a business, a labor union, etc.). You may review
DOT's complete Privacy Act statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78), or you may visit http://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: Lisa Swafford-Brooks, Chief of the
Civil Rights Compliance Branch, Office of the Assistant General Counsel
for Aviation Enforcement and Proceedings, Department of Transportation,
1200 New Jersey Avenue SE., Room W96-464, Washington, DC 20590.
<EMAIL_ADDRESS>You may also contact Blane A. Workie,
Deputy Assistant General Counsel, Office of the Assistant General
Counsel for Aviation Enforcement and Proceedings, Department of
Transportation, 1200 New Jersey Avenue SE., Room W96-464, Washington,
DC 20590<EMAIL_ADDRESS>Arrangements to receive this notice in
an alternative format may be made by contacting the above named
individuals.

SUPPLEMENTARY INFORMATION:On April 5, 2000, the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR-21)
required DOT to provide a technical assistance manual to air carriers
and individuals with disabilities concerning their rights and
responsibilities under the Air Carrier Access Act and DOT regulations.
In response to the legislative mandate, on April 20, 2005, the
Department published a draft TAM in the Federal Register and requested
public comment. See 70 FR 20640. After reviewing the comments received
and making changes to the TAM where appropriate, the Department issued
a final TAM on July 19, 2005. See 70 FR 41482.
    Since that time, DOT has made significant changes to Part 382, the
rule implementing the Air Carrier Access Act. On May 13, 2008, DOT
issued an amendment to 14 CFR part 382, which among other things,
extended its applicability to foreign air carriers and added new
provisions concerning the onboard use of respiratory assistive devices
and accommodations for passengers who are deaf, hard of hearing, and
deaf-blind. See 73 FR 27614. The final rule became effective on May 13,
2009. The Department has also issued guidance that interprets or
explains further the text of the rule. See e.g., Use of passenger-
supplied electronic respiratory assistive devices on aircraft, October
28, 2009; Answers to Frequently Asked Questions Concerning Air Travel
of People with Disabilities Under the Amended Air Carrier Access Act
Regulation, May 13, 2009. http://airconsumer.dot.gov/rules/guidance.htm. We believe these guidance documents as well as the rule
itself would be more readily understandable and useful if reflected in
the TAM. As a result, DOT is now updating the 2005 TAM to provide
guidance that covers the changes that have been made to Part 382. The
Department recognizes that there are a number of ongoing rulemakings
regarding Part 382 and that these rulemakings may necessitate future
revisions to the TAM.

Purpose

    Similar to the 2005 TAM, this updated draft manual does not expand
U.S. or foreign air carriers' legal obligations or establish new
requirements under the law. The primary purpose of the manual is to
help employees and contractors of airlines to assist passengers with
disabilities in accordance with the law. Another purpose is to provide
air travelers with disabilities information about their rights under
the ACAA and the provisions of Part 382.

Organization

    The updated TAM, like its predecessor, follows the chronological
path of an air traveler with a disability from making a reservation
through the completion of the trip. Each section of the TAM is
discussed in the context of the particular stage of a trip and is
designed to be a separate stand-alone product. For example, the TAM
includes separate chapters on assisting air travelers with disabilities
planning a trip, assisting air travelers with disabilities at the
airport, assisting air travelers with disabilities boarding, deplaning
and during the flight, and assisting air travelers with disabilities
with their complaints. In addition, the TAM contains a chapter on
sensitivity and awareness issues when interacting with people with
disabilities as well as a chapter on tips for communicating and
interacting with individuals with specific types of disabilities.\1\
The TAM also has four appendices providing additional information and,
in some cases, resources for specific audiences. We believe organizing
the information in this sequential manner will make it easier for
employees and contractors of airlines, as well as air travelers with

disabilities, to find the information most relevant and useful to them.
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    \1\ When the TAM is published in its final form, it will contain
an Alphabetical Index and a Part 382 Index as well as specific page
numbers for the various subject areas listed in the Table of
Contents. However, because the pagination of the TAM is not yet
final, the Table of Contents simply lists the topics covered in the
TAM and the indices are not included in this publication of the
document.

    Issued this 15th day of June 2012, in Washington, DC.
Samuel Podberesky,
Assistant General Counsel for Aviation Enforcement and Proceedings,
U.S. Department of Transportation.

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

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

Contents
Chapter 1: Understanding How to Use This Manual
    A. Introduction
    B. Background
    C. Scope of This Manual
    D. Keyword Definitions
    E. Acronyms
Chapter 2: Learning the Basics About the Law Protecting Air
Travelers With Disabilities
    A. The Statute and the Regulation
    B. Applying Part 382 Requirements
    C. Questions on Foreign Carrier Flights
    D. Conflicts of Law Waivers
    E. Equivalent Alternative Determinations
    F. Assisting Passengers With Disabilities
    G. Part 382 Highlights
Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip
    A. Advance Notice
    B. Information About the Aircraft
    C. Mobility Aids and Assistive Devices
    D. Service Animals
    E. Accommodations for Air Travelers With Hearing Impairments
    F. Communicable Disease
    G. Medical Certificates
    H. Your Obligation To Provide Services and Equipment
    I. Safety Assistants
Chapter 4: Assisting Air Travelers With Disabilities at the Airport
    A. Accessibility of Terminal Facilities and Services
    B. Security Screening for Air Travelers With a Disability
    C. Air Travelers With a Disability Moving Through the Terminal
and Changing Airplanes
    D. Accommodations for Air Travelers With Vision or Hearing
Impairments
    E. Safety Assistants
Chapter 5: Assisting Air Travelers With Disabilities Boarding,
Deplaning, and During the Flight
    A. Aircraft Accessibility
    B. Seating Assignments and Accommodations
    C. Boarding and Deplaning Assistance
    D. Stowing and Treatment of Assistive Devices
    E. Services and Information Provided in the Cabin
    F. Safety Briefings
Chapter 6: Assisting Air Travelers With Disabilities With Their
Complaints
    A. Complaints Resolution Officials (CROs)
    B. Handling Passenger Complaints
    C. ACCESS: An Approach for Resolving Complaints
    D. General Complaint Resolution Tips
    E. Categorizing, Recording, and Reporting Written Disability-
Related Complaints
Chapter 7: Interacting with Individuals With Disabilities
    A. Terminology
    B. Physical, Mental, and Psychological Impairments
    C. Tips for Interacting With Individuals With Disabilities
Chapter 8: Personnel Training
    A. U.S. and Foreign Carriers That Operate Aircraft With 19 or
More Passenger Seats
    B. U.S. and Foreign Carriers That Operate Aircraft With Fewer
Than 19 Passenger Seats
    C. Training Records
Alphabetical Index
Part 382 Index
Appendix I Table of Effective Dates
Appendix II Tips for Air Travelers with Disabilities
Appendix III Airline Management-Related Issues
Appendix IV FSAT 04-01A Location and Placement of Service Animals on
Aircraft Engaged in Public Air Transportation

Chapter 1: Understanding How To Use This Manual

A. Introduction
B. Background
C. Scope of This Manual
D. Keyword Definitions
E. Acronyms

A. Introduction

Purpose of the Manual
    This manual is a guide to the Air Carrier Access Act (ACAA), 49
U.S.C. 41705, and its implementing regulation, Title 14, Code of
Federal Regulations (14 CFR) Part 382, Nondiscrimination on the Basis
of Disability in Air Travel. It is designed to serve as an
authoritative source of information about the services, facilities, and
accommodations required by the ACAA and Part 382. Note, however, that
this manual does not expand carriers' legal obligations or establish
new requirements under the law.
    The primary purpose of the manual is to help carriers and indirect
carriers and their employees/contractors that provide services or
facilities to passengers with disabilities, assist those passengers in
accordance with Part 382. Knowing your legal responsibilities will help
ensure consistent compliance with Part 382 and protect the civil rights
of air travelers with disabilities when you provide services,
facilities, and accommodations to them.
    The second purpose of this manual is to offer air travelers with
disabilities information about their rights under the ACAA and Part
382.
Styles
1. Use of the Word ``You''
    Unless otherwise noted, throughout the manual the word ``you''
refers to carriers, indirect carriers, or the employees/contractors of
both carriers and indirect carriers. In most cases, the word ``you''
refers to personnel who deal directly with the traveling public. In
addition, the obligations and responsibilities under Part 382 as
discussed in the manual must be read within the context of each
specific employee's duties on the job.
2. Italics and Bold Text
    Italics and boldfaced type are used throughout the manual to draw
attention to a subtle requirement or for emphasis.

B. Background

U.S. Air Carriers
    In 1986, Congress passed the ACAA, which prohibits discrimination
by U.S. air carriers against qualified individuals with
disabilities.\2\ In 1990, the Department of Transportation (DOT)
published Part 382, the regulations defining the rights of passengers
with disabilities and the obligations of U.S. air carriers under the
ACAA (55 FR 8008; March 6, 1990). Since then, these regulations have
been amended many times.\3\ In addition, the DOT has provided guidance
to air carriers to further explain the ACAA and Part 382 in the
following ways:
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    \2\ See Section D of this chapter for keyword definitions
including a definition of ``qualified individuals with
disabilities.''
    \3\ The dates and citations for these amendments are the
following: April 3, 1990, 55 FR 12341; June 11, 1990, 55 FR 23544;
November 1, 1996, 61 FR 56422; January 2, 1997, 62 FR 17; March 4,
1998, 63 FR 10535; March 11, 1998, 63 FR 11954; August 2, 1999, 64
FR 41703; January 5, 2000, 65 FR 352; May 3, 2001, 66 FR 22115; July
3, 2003, 68 FR 4088.
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     Preambles to regulatory amendments;
     Industry letters;
     Correspondence with individual carriers or complainants;
     DOT enforcement actions;
     Web site postings,
     Conducting public forums on Part 382, and
     Informal conversations between DOT staff and interested
members of the public.
Foreign Air Carriers
    On April 5, 2000, the Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century (``AIR-21''), Public Law 106-181,
amended the ACAA

specifically to cover foreign air carriers. On November 4, 2004, the
DOT published a notice of proposed rulemaking (NPRM) proposing to
extend the provisions of Part 382 to foreign carriers (69 FR 64364). On
May 13, 2008, the DOT published a final rule (73 FR 27614) amending
Part 382 to cover foreign air carriers. That revised final rule became
effective on May 13, 2009.
Other Part 382 Changes
    The DOT also published NPRMs addressing medical oxygen and portable
respiratory assistive devices (70 FR 53108; September 7, 2005) and
accommodations for passengers who are deaf or hard-of-hearing (71 FR
9285; February 23, 2006). As a result of those NPRMs, the final rule
revising Part 382 to cover foreign carriers, also included new
provisions concerning passengers who use medical oxygen and passengers
who are deaf or hard-of-hearing. The final rule also reorganized and
updated the entire ACAA rule (Part 382).
Development and Update of Technical Assistance Manual
    In 2000, Congress required DOT to create a technical assistance
manual to provide guidance to individuals and entities with rights or
responsibilities under the ACAA. See 49 U.S.C. 41705(c). Responding to
that mandate, the DOT published a manual in the Federal Register on
July 19, 2005 (70 FR 41482). This manual is the second version of DOT's
Technical Assistance Manual and incorporates material from the most
recent amendments to Part 382 and the DOT policy guidance discussed
above. The DOT published the draft manual in the Federal Register to
provide an opportunity for public comment before it published the
manual in its final form. This manual supersedes the first Technical
Assistance Manual dated July 19, 2005, and is available for download,
in PDF format, from http://airconsumer.dot.gov.

C. Scope of This Manual

Organization
    This manual is organized chronologically to reflect the steps in a
passenger's trip and the associated requirements of Part 382, as
follows:
     Planning a flight,
     At the airport,
     Boarding, deplaning, and making connections,
     Assistance services during a flight, and
     Responding to disability-related complaints.
    This manual also contains the following tools to assist you in
quickly and easily finding the answer to your questions:
     A Table of Contents at the front of the manual;
     An Alphabetical Index at the back of the manual; and
     A Part 382 Index listing the citations to Part 382 at the
back of the manual.
    In addition, the following appendixes appear at the end of the
manual:
     Appendix I: Table of Effective Dates
     Appendix II: Tips for Air Travelers with Disabilities as
they relate to the most commonly-used accommodations, facilities, and
services that carriers are required to make available to such
passengers;
     Appendix III: Airline Management-Related Issues addressing
topics applicable mainly to carrier management, as opposed to frontline
customer service personnel;
Applicability
    As with Part 382, the topics discussed in this manual apply to both
U.S. and foreign carriers unless otherwise specified. (Sec.  382.7(e))
Web Links
    The following web links are provided for you to review and download
information related to Part 382 and/or the ACAA:

     A list of frequently asked questions and answers (http://airconsumer.dot.gov/SA_Disability.htm)
     A list of recent DOT enforcement orders related to the
ACAA (http://airconsumer.dot.gov/SA_Disability.htm)
     The full text of Part 382 (http://airconsumer.dot.gov/SA_Disability.htm)
     A listing of conflict of law waiver determinations (http://www.regulations.gov under Docket Number DOT-OST-2008-0272)
     A listing of equivalent alternative determinations (http://www.regulations.gov under Docket Number DOT-OST-2008-0273)
     Guidance concerning service animals (http://airconsumer.ost.dot.gov/rules/20030509.pdf)
     Guidance on transporting service animals to the United
Kingdom (http://airconsumer.ost.dot.gov/rules/UK-ServiceAnimalGuidance.pdf)
Legal Requirements and Customer Service
    This manual highlights the difference between actions you must take
to comply with Part 382 and actions that you may choose to take to
provide superior customer service to passengers with disabilities.
Legal requirements are generally designated by the word ``must'' in the
manual. Words such as ``should'' or ``may,'' indicate accommodations
that Part 382 does not require but that DOT recommends and that you may
decide to provide as a matter of good customer service.
Safety
    Where applicable, this manual discusses how to properly and
lawfully consider aircraft and passenger safety when providing
transportation to passengers with disabilities. Part 382 does not
require or authorize you to disregard Federal Aviation Administration
(FAA), Pipeline and Hazardous Materials Safety Administration (PHMSA),
or foreign government safety regulations. Where an FAA, PHMSA, or
foreign government safety regulation requires different treatment of
passengers with disabilities or other restrictions, Part 382 states you
must comply with the FAA, PHMSA, or foreign government safety
regulation. For example, if an FAA safety rule provides that only
persons who can perform certain functions can sit in an exit row, then
you must request that an individual unable to perform those functions
(regardless of whether that individual has a disability) sit in another
row. If the passenger refuses, you may properly deny transportation to
such passengers. (Sec.  382.7(g))
    However, where an optional carrier action that is not required by
FAA, PHMSA, or foreign government safety rules would result in
different treatment of passengers with disabilities, or in other
restrictions, then the ACAA and the provisions of Part 382 prohibit you
from implementing the optional carrier action.

    Example: Suppose ABC Airways required only passengers with
disabilities--not all passengers--to provide correct answers to a
quiz about the content of a safety briefing and a passenger with a
disability either refused to respond or failed such a quiz. It would
not be appropriate to deny transportation to a passenger with a
disability on such grounds unless the carrier's policies and
procedures consistently treated all passengers in a similar manner.

    In short, Part 382 is consistent with FAA, PHMSA, and foreign
government safety requirements, as it requires you to comply with those
regulations and ensure that the safe completion of the flight or the
health and safety of other passengers are not jeopardized.
Determinations about whether an FAA, PHMSA, or foreign government
regulation requires different treatment of a passenger with a
disability for safety reasons often depend on the circumstances you
encounter. Therefore, it is important that you seek information from
passengers with

disabilities and their traveling companions and make a reasonable
judgment considering all available information.
    The FAA safety regulations can be found in 14 CFR parts 1 through
199, and in FAA guidance materials that provide additional information
about these regulations (see http://www.faa.gov, click on Federal
Aviation Regulations (FAR) under Regulations and Guidelines). The
applicable PHMSA regulations can be found in 49 CFR parts 171 through
185 and PHMSA guidance materials that provide additional information
about these regulations (see http://www.phmsa.dot.gov, click on
Regulations under Promoting Safety and Security). For foreign
government safety requirements consult the applicable government's
civil aviation authority.
Security
    This manual addresses security procedures which affect or may
affect the types of accommodations and services provided to passengers
with disabilities. You must comply with Transportation Security
Administration (TSA) regulations and foreign government security
regulations having a legally mandatory effect applicable to you. (Sec.
382.7(g)) \4\
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    \4\ The Transportation Security Administration has developed a
Web site and a hotline for travelers with disabilities and medical
conditions. The Web site is http://www.tsa.gov/travelers/airtravel/disabilityandmedicalneeds/tsa_cares.shtm and the hotline phone
number is 1-855-787-2227.
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    Part 382 is consistent with security requirements mandated by the
TSA. For example, TSA has strict rules as to who can go beyond the
airport screening checkpoints, but these TSA rules are consistent with
Part 382 and do not invalidate your obligation to provide boarding and
deplaning assistance requested by passengers with disabilities,
including assistance beyond airport screening checkpoints. You have
discretion in how that assistance is provided. You can provide (1) A
``pass'' allowing an individual who needs to assist a passenger with a
disability to go through the airport screening checkpoint without a
ticket; (2) assistance directly to the passenger; or (3) both. For
foreign government security requirements, refer to screening procedures
established by the law of the country in which the airport is located.
Contractors
    This manual recognizes the important role that contractors play in
providing services, equipment, and other accommodations to passengers
with disabilities. A contractor is an entity that has a business
arrangement with a carrier to perform functions that the ACAA and Part
382 would otherwise require the carrier to perform with its own
employees. Contractors provide a variety of services on behalf of
carriers in furnishing assistance to persons with disabilities. For
example, contractors often provide--
     Wheelchair service;
     Assistance to passengers with disabilities in getting on
and off aircraft;
     Transportation to passengers with disabilities between
departure gates; and
     Ground handling of passengers' wheelchairs and other
assistive devices.
    Contractors must provide the same services, equipment, and other
accommodations as those required of a carrier and its employees under
the ACAA and Part 382. As an employee of a contractor, you are required
to follow the ACAA and Part 382 when providing services, equipment, and
other accommodations to passengers with disabilities. If you do not
follow the ACAA and Part 382, the carrier is subject to DOT enforcement
action for your failure to comply with those mandates. In essence,
although a carrier may contract out various services and accommodations
required by Part 382, a carrier may not contract away its
responsibilities to ensure compliance with the rule.
ACCESS
     ACCESS \5\ is a step-by-step process for resolving issues
involving passengers with disabilities. A detailed discussion of ACCESS
appears in Chapter 6: Assisting Air Travelers with Disabilities with
their Complaints. Whether the issue involves the requirements of the
ACAA and Part 382, customer service, or both, the ACCESS checklist will
be useful in identifying the needs of passengers with disabilities and
determining what accommodations carriers are required to provide. See
Chapter 6, Section C, Access, An Approach for Resolving Complaints.
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    \5\ ACCESS is a memory aid to Ask, Call, Check, Evaluate, Solve,
and Satisfy, for use when resolving complaints.
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Training
     DOT regards thorough training of carrier personnel who
interact with passengers with disabilities as vital for good service to
those passengers and compliance with the ACAA and Part 382. A detailed
discussion of employee/contractor training requirements can be found in
Chapter 8: Personnel Training and Appendix II, Airline Management-
Related Issues. In addition, the DOT has developed an interactive model
training program (MTP) on the ACAA and Part 382. You can view this
module at http://airconsumer.dot.gov.

D. Keyword Definitions

    Following is a list of keyword definitions to help you fully
understand the information in this manual.
    Air Carrier Access Act (ACAA): The Air Carrier Access Act of 1986,
as amended, is the statute that provides the principal authority for 14
CFR part 382. The ACAA prohibits discrimination by U.S. and foreign
carriers against qualified individuals with disabilities.
    Air Transportation: Interstate or foreign air transportation, or
the transportation of mail by aircraft, as defined in 49 U.S.C. 40102.
(Sec.  382.3).
    Assistive Device: Any piece of equipment that assists a passenger
with a disability to cope with the effects of his or her disability.
Such devices are intended to assist a passenger with a disability to
hear, see, communicate, maneuver, or perform other functions of daily
life, and may include medical devices and medications. (Sec.  382.3).
    Battery-powered mobility aid: An assistive device that is used by
individuals with mobility impairments, such as a wheelchair, a scooter,
or a Segway when it is used as a mobility device by a person with a
mobility-related disability. (Sec.  382.3).
    Carrier: A U.S. citizen (``U.S. carrier'') or foreign citizen
(``foreign carrier'') that undertakes, directly or indirectly, or by a
lease or any other arrangement, to engage in air transportation. (Sec.
382.3).
    Commuter carrier: An air taxi operator as defined in 14 CFR Part
298 that carries passengers on at least five round trips per week on at
least one route between two or more points according to its published
flight schedules that specify the times, days of the week and places
between which those flights are performed. (Sec.  382.3).
    Complaints Resolution Official (CRO): An individual designated by a
carrier who has the authority to resolve disability-related complaints
on behalf of the carrier. The CRO must be thoroughly familiar with--
    (1) The requirements of Part 382;
    (2) The carrier's policies and procedures addressing Part 382; and
    (3) The provision of services, facilities, and accommodations to
passengers with disabilities.
    A CRO must be available (1) in person at the airport; or (2) via
telephone and Text Telephones (TTY), or a similarly effective
technology, at all times the carrier is operating. As a foreign
carrier, you must make a CRO available as noted above at each airport
serving flights you

operate that begin and end at a U.S. airport. (Sec.  382.151).
    Conflict of Law Waiver: Upon the request of a carrier, DOT may
determine there is a contradiction between a Part 382 requirement and
an applicable foreign legal mandate that precludes the carrier from
compliance with both legal requirements. If DOT makes such a
determination, the carrier would continue to follow the binding foreign
legal mandate rather than the conflicting Part 382 provision. (Sec.
382.9).
    Contractor: A contractor is an entity that has a business
arrangement with a carrier to perform functions that the carrier would
otherwise be required to perform with its own employees under the ACAA
and Part 382. For example, carriers often have business arrangements
with companies to provide wheelchair service to passengers with
disabilities or to handle baggage and assistive devices. (Sec.
382.11).
    Contractor Employee: An individual that works for an organization
that has a business arrangement with one or more carriers to provide
services, facilities, and other accommodations to passengers with
disabilities. (Sec.  382.11).
    CPAP machine: A continuous positive airway pressure machine. (Sec.
382.3).
    Department or DOT: The United States Department of Transportation.
(Sec.  382.3).
    Direct Threat: A significant risk to the health or safety of others
that cannot be eliminated by a modification of policies, practices, or
procedures, or by the provision of auxiliary aids or services. (Sec.
382.3).
    DOT Disability Hotline or Hotline: DOT's toll-free telephone
hotline system that provides general information to consumers about the
rights of air travelers with disabilities, responds to requests for
printed consumer information, and assists air travelers with time-
sensitive disability-related issues. The hours for the hotline are 9
a.m. to 5 p.m. eastern time, Monday through Friday except Federal
holidays. Air travelers who experience disability-related air travel
service concerns or issues may call the hotline at 1-800-778-4838
(voice) or 1-800-455-9880 (TTY) to receive assistance. Air travelers
who would like the DOT to investigate complaints about a disability
issue must submit their complaints in writing or via email. (see http://airconsumer.dot.gov/hotline.htm).
    Equivalent alternative: A policy, practice, or other accommodation
that provides substantially equivalent accessibility to passengers with
disabilities, compared to compliance with a provision of Part 382.
(Sec.  382.3).
    Expected maximum flight duration: The carrier's best estimate of
the total duration of the flight from departure gate to arrival gate,
including taxi time to and from the terminals, based on the scheduled
flight time and factors such as (1) Wind and other weather conditions
forecast; (2) anticipated traffic delays; (3) one instrument approach
and possible missed approach at destination; and (4) any other
conditions that may delay arrival of the aircraft at the destination
gate. (Sec.  382.3).
    FAA: The Federal Aviation Administration, an operating
administration of the DOT. The FAA's mission is to provide the safest,
most efficient aerospace system in the world. (http://www.faa.gov and
Sec.  382.3).
    Facility: A carrier's aircraft and any portion of an airport that a
carrier owns, leases, or controls (for example, structures, roads,
walks, parking lots, ticketing areas, baggage drop-off and retrieval
sites, gates, other boarding locations, jet bridge) normally used by
passengers or other members of the public. (Sec.  382.3).
    High-Contrast Captioning: Captioning that is at least as easy to
read as white letters on a consistent black background. (Sec.  382.3).
    Indirect Carrier: A person not directly involved in the operation
of an aircraft who sells air transportation services to the general
public other than as an authorized agent of a carrier. (Sec.  382.3).
    Individual with a Disability: Any individual who--
     Has a physical or mental impairment that, on a permanent
or temporary basis, substantially limits one or more major life
activities;
     Has a record of a physical or mental impairment that, on a
permanent or temporary basis, substantially limits one or more major
life activities; or
     Is regarded as having a physical or mental impairment
that, on a permanent or temporary basis, substantially limits one or
more major life activities. (Sec.  382.3).
    On-Demand Air Taxi: An air taxi operator that carries passengers or
property and is not a ``commuter carrier'' as defined above. (Sec.
382.3).
    PHMSA: The Pipeline and Hazardous Materials Safety Administration,
an operating administration of the Department of Transportation.
(http://www.phmsa.dot.gov and Sec.  382.3).
    POC: A portable oxygen concentrator. (Sec.  382.3).
    Qualified Individual With a Disability: An individual with a
disability--
    (1) Who, as a passenger--
     Purchases, offers to purchase, or otherwise validly
obtains a ticket for air transportation;
     Presents himself or herself at the airport for the purpose
of traveling on the flight; and
     Meets reasonable, nondiscriminatory contract of carriage
requirements applicable to all passengers.
    (2) Who accompanies or meets a traveler, using ground
transportation or terminal facilities, or seeks to obtain information
about schedules, fares, reservations, or policies and takes those
actions necessary to use facilities or services offered by a carrier to
the general public, with reasonable accommodations, as needed, provided
by the carrier. (Sec.  382.3).
    Scheduled Service: Any flight scheduled in the current edition of
the Official Airline Guide, the carrier's published schedule, or the
computer reservation system used by the carrier. (Sec.  382.3).
    Service Animal: Any animal that is individually trained or able to
provide assistance to a qualified person with a disability or any
animal shown by documentation to be necessary to support a passenger
with an emotional or mental disability.
    Dogs, cats, and monkeys are among the types of animals that have
been trained to act as service animals. Service animals may assist
people with disabilities by, for example--
     Guiding persons with vision impairments;
     Alerting persons with hearing impairments to specific
sounds;
     Alerting persons with epilepsy of imminent seizure onset;
     Pulling a wheelchair;
     Carrying items a passenger cannot readily carry while
using his or her wheelchair;
     Assisting persons with mobility impairments to open and
close doors, retrieve objects, transfer from one seat to another, and
maintain balance; and
     Providing support for persons with emotional or mental
disabilities. (Sec.  382.117 and Appendix III, Guidance Concerning
Service Animals, and Chapter 3, Section D, Service Animals.).
    Text Telephones (TTY): TTYs are devices that allow individuals who
are unable to use a regular telephone to make or receive telephone
calls by enabling them to type their conversations. (Chapter 4, Section
D, Accommodations for Air Travelers with Vision or Hearing
Impairments).
    Transportation Security Administration (TSA): An administration
within the Department of Homeland Security that is charged with
protecting the Nation's transportation systems to ensure freedom of
movement

for people and commerce. (http://www.tsa.gov and Sec.  382.3).
    United States or U.S.: The United States of America, including its
territories and possessions.

E. Acronyms

    Following is a list of acronyms used in this manual.

ACAA Air Carrier Access Act
ACCESS Ask, Call, Check, Evaluate, Solve, and Satisfy
ADAAG Americans with Disabilities Act Accessibility Guidelines
AIDS Acquired Immune Deficiency Syndrome
AIR[dash]21 Wendell H. Ford Aviation Investment and Reform Act for
the 21st Century
ATP Advanced Turboprop
CBP U.S. Customs and Border Protection
CFR Code of Federal Regulations
CPAP Continuous Positive Airway Pressure
CRO Complaints Resolution Official
DEFRA U.K. Department for Environment Food and Rural Affairs
DOJ Department of Justice
DOT Department of Transportation
DSM-IV Diagnostic and Statistical Manual of Mental Disorders
FAA Federal Aviation Administration
FAQ Frequently Asked Questions
FAR Federal Aviation Regulations
HIV Human Immunodeficiency Virus
IATA International Air Transport Association
MTP Model Training Program
NPRM Notice of Proposed Rulemaking
OST Office of the Secretary of Transportation
PHMSA Pipeline and Hazardous Materials Safety Administration
PNR Passenger Name Record
POC Portable Oxygen Concentrator
RMOP Required Method of Operation
RTCA Radio Technical Commission for Aeronautics
SARS Severe Acute Respiratory Syndrome
SFAR Special Federal Aviation Regulation
SMS Short Message Service
SSR Special Service Request
TSA Transportation Security Administration
TTY Text Telephones

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

A. The Statute and the Regulation
B. Applying Part 382 Requirements
C. Questions on Foreign Carrier Flights
D. Conflicts of Law Waivers
E. Equivalent Alternative Determinations
F. Assisting Passengers With Disabilities
G. Part 382 Highlights

A. The Statute and the Regulation

     What does the Air Carrier Access Act (ACAA) say? The ACAA
prohibits U.S. and foreign air carriers from discriminating against a
qualified individual with a disability based on such disability in
providing air transportation. See Chapter 1, Section C of this manual
for a definition of a qualified individual with a disability. (49
U.S.C. 41705).
     What is Title 14, Code of Federal Regulations (14 CFR)
Part 382 (Part 382)? Part 382 is a detailed set of rules that define
U.S. and foreign air carriers' responsibilities under the ACAA, as
amended. Part 382 ensures that individuals with disabilities will be
treated without discrimination, and requires U.S. and foreign air
carriers (under certain conditions) to make aircraft, other facilities,
and services accessible and take steps to accommodate a passenger with
a disability. (Sec.  382.1).

 B. Applying Part 382 Requirements

     Who is protected by Part 382? Part 382 protects three
groups of individuals with disabilities:
    (1) Individuals with a physical or mental impairment that, on a
permanent or temporary basis, substantially limits one or more major
life activities;
    (2) Individuals with a record of such impairment; and
    (3) Individuals who are regarded as having such impairments,
whether they have the impairment or not.

(Sec.  382.3 and 49 U.S.C. 41705).

     Who must comply with Part 382? The following organizations
and individuals must comply with Part 382:
    (1) A U.S. air carrier and its employees (for example, ticket
agents, gate agents, flight attendants, pilots, baggage handlers) with
respect to all operations and aircraft, regardless of where those
operations take place (unless otherwise noted in Part 382).
    (2) A foreign air carrier, its employees (such as ticket agents,
gate agents, flight attendants, pilots, and baggage handlers), and its
aircraft for flights that begin or end at a U.S. airport. Part 382 does
not apply to a foreign carrier for flights operating between two
foreign points. However, a U.S. air carrier that participates in a
codesharing arrangement with a foreign air carrier with respect to
flights between two foreign points is responsible for ensuring
compliance with Part 382, Subparts A through C, F through H, and K with
respect to passengers traveling under its code on such a flight.
    (3) An authorized agent of a carrier (such as travel agents).
    (4) An organization and its employees that have business
arrangements with a carrier to provide disability-related services (for
example, wheelchair service, baggage handling).
    (5) An indirect air carrier and its employees (such as public
charter operators) that provide facilities or services for other
carriers that are covered by Sec. Sec.  382.17 through 157. (Sec. Sec.
382.3, 382.7(a), (c), and (f), 382.11(b) and 382.15).
     When does Part 382 apply to U.S. carriers and foreign
carriers? U.S. carriers and foreign carriers were required to comply
with the requirements of current Part 382 on May 13, 2009, except as
otherwise noted in individual sections of Part 382. (Sec.  382.5) See
Appendix I for a table of exceptions to the May 13, 2009, effective
date.
     What is the difference between an indirect air carrier and
an agent? An indirect air carrier indirectly engages in air
transportation by selling the services of a direct air carrier. (Sec.
382.3) An agent is an entity that has lawful authority to act on behalf
of the operating carrier, indirect air carrier, or on behalf of the
prospective passenger. An agent typically sells the product of a
disclosed principal (e.g., a seat on a scheduled airline or on a
charter flight), offering it at the price and terms set by the
principal.

    Example: A tour operator or an air freight forwarder contracts
for space on a wholesale level with an airline and the tour operator
or air freight forwarder then re-sells space on that flight on a
retail basis, setting their own price and terms, bearing the
entrepreneurial risk of profit or loss rather than acting as an
agent, and controlling the inventory and schedule.

    On the other hand, an agent, such as a retail travel agent, sells a
product such as a seat on a scheduled airline or a charter flight, at a
price and terms set by the airline. The travel agent is acting as an
agent of the airline and is not an indirect air carrier.
Concessionaires, suppliers, and other participants in the air travel
system also are not indirect air carriers.
     Do carriers have to make contractors comply with Part 382
requirements? Yes, as a carrier, you must ensure that your contractors
providing services to the public meet Part 382 requirements just as if
you were performing those functions yourself. While you may contract
out services, you may not contract away responsibilities. You must
include an assurance of compliance with Part 382 in your contracts with
any contractors who provide services to the public that are subject to
Part 382 requirements. For a U.S. carrier, an assurance of compliance
must be included in your contracts with U.S. travel agents but not
foreign travel agents. The Department of Transportation expects you to
monitor the performance of your contractors to ensure that the
contractors' performance complies with Part 382. (Sec.  382.15).

C. Questions on Foreign Carrier Flights

     For a passenger with a disability traveling on a foreign
carrier, what is considered a ``flight'' covered under Part 382? Flight
means a continuous journey in the same aircraft or with one flight
number that begins or ends at a U.S. airport. (Sec.  382.7(b)).
    The following are examples of flight scenarios involving foreign
carriers.

    Example 1: A passenger books a nonstop flight on a foreign
carrier from New York to Frankfurt, or Frankfurt to New York. Each
of these is a ``flight'' covered by Part 382.
    Example 2: A passenger books a trip on a foreign carrier from
New York to Prague. The foreign carrier flies nonstop to Frankfurt.
The passenger deplanes in Frankfurt and boards a connecting flight
(with a different flight number), on the same foreign carrier or a
different carrier, which flies to Prague. The New York-Frankfurt leg
of the trip is a ``flight'' covered by Part 382; the Frankfurt-
Prague leg is not a covered flight. On the reverse routing, the
Prague-Frankfurt leg is not a covered flight for purposes of Part
382, while the Frankfurt-New York leg is a covered flight.
    Example 3: A passenger books a trip on a foreign carrier from
New York to Prague. The aircraft stops for refueling and a crew
change in Frankfurt. If, after deplaning in Frankfurt, the
passengers originating in New York reboard the aircraft (or a
different aircraft, assuming the flight number remains the same) and
continue to Prague, they remain on a covered flight for purposes of
Part 382. This is because their transportation takes place on a
direct flight between New York and Prague, even though it had an
interim stop in Frankfurt. This example also would apply in the
opposite direction (Prague to New York via Frankfurt).
    Example 4: In Example 3 directly above, the foreign carrier is
not subject to coverage under Part 382 with respect to a Frankfurt
originating passenger who boards the aircraft and flies to Prague,
or a Prague-originating passenger who deplanes in Frankfurt and does
not continue to New York.

     Does Part 382 apply to foreign carriers operating between
two foreign points under a codeshare arrangement with a U.S. carrier?
No, Part 382 does not generally apply to foreign carriers operating
between two foreign points and transporting passengers flying under the
U.S. carrier's code. However, Part 382 applies to the U.S. carrier with
respect to passengers traveling under its code. A U.S. carrier, not the
foreign carrier, would be responsible for any violation of the service
provisions of Subparts A through C, F through H, and K of Part 382 for
a passenger traveling under the U.S. carrier's code. (Sec.  382.7(c)).
     Does Part 382 apply to foreign carrier charter flights? A
charter flight on a foreign carrier originating from a foreign airport
to a U.S. airport and returning to a foreign airport would not be
covered if the carrier does not board any new passengers in the United
States for the return flight. (Sec.  382.7(d)).

D. Conflicts of Law Waivers

     What may a carrier do if a provision of a foreign nation's
law conflicts with Part 382 requirements? Part 382 contains a conflict
of laws waiver provision to address conflicts with legally binding
foreign legal mandates. For example, as a carrier, you may request a
waiver from a Part 382 requirement if a foreign law--(1) Requires you
to do something prohibited by Part 382 or (2) prohibits you from doing
something required by Part 382. Your U.S. carrier code share partner
may file a waiver request on your behalf when a foreign law conflicts
with a service-related provision of Part 382. Note that a foreign
carrier's or foreign government's policy, authorized practice,
recommendation, or preference is not an appropriate basis for a
conflict of laws waiver request. In addition, if you have discretion in
complying with Part 382 under the foreign law then you must exercise
that discretion by complying with Part 382. (Sec.  382.9).
     What must a conflicts of law waiver request include? A
conflicts of law waiver request must include: (1) A copy of the
conflicting foreign law (in English); (2) a description of how the law
applies and how it precludes you from complying with Part 382; and (3)
your proposal for an alternative means of meeting the objective of the
requirement or a justification of why it would be impossible to meet
the requirement in any way. (Sec.  382.9(c)).
     Is there a deadline for a carrier to file a conflict of
law waiver request? DOT sought to encourage carriers to conduct a due
diligence review of foreign legal requirements that may conflict with
Part 382. Accordingly, foreign carriers that filed waiver requests by
September 10, 2008 (within 120 days of the publication date of the rule
(May 13, 2008)), had a commitment from DOT that it would not take any
enforcement action related to implementing the foreign law in question
pending DOT's response to the waiver request. (Sec.  382.9(e)).
     Is a carrier subject to enforcement action while a
conflict of law waiver request submitted after September 10, 2008, is
under DOT review? If the conflicting foreign law did not exist on
September 10, 2008, you may continue to implement the policy or
practice that is the subject of your request until the DOT responds to
your request. The DOT will not take enforcement action with respect to
your policy or practice while the waiver request is under its review.
However, the DOT may begin an enforcement action if it finds that a
carrier's waiver request: (1) is frivolous or dilatory, (2) has not
been submitted with respect to a certain policy or practice, or (3) has
been previously denied and the carrier continues to follow the denied
policy or practice. (Sec.  382.9(e) through (g)).
     What must DOT determine to grant a conflicts of law waiver
request? The DOT may grant the waiver request, or grant the request
subject to conditions, if DOT determines: (1) The foreign law applies;
(2) the foreign law does preclude compliance with a provision of Part
382; and (3) the carrier has provided an effective alternative means of
achieving the Part 382 objective or has demonstrated by clear and
convincing evidence that it would be impossible to achieve that
objective in any way. (Sec.  382.9(d)).

E. Equivalent Alternative Determinations

     What is an equivalent alternative determination and when
does a carrier have to file one? If, with respect to a specific
accommodation, a carrier can demonstrate that what it wants to do will
provide substantially equivalent accessibility to passengers with
disabilities as compared with literal compliance with a particular
provision of Part 382, it can file for an equivalent alternative
determination. If the DOT agrees, it will determine that the carrier
can comply with the rule using its alternative accommodation. Carriers
must comply with Part 382 and cannot use their proposed equivalent
alternative until and unless DOT approves it. (Sec.  382.10).
     How does a carrier apply for an equivalent alternative
determination? As a U.S. carrier or foreign carrier, you may apply to
the DOT for a determination that you are providing an alternative to
passengers with disabilities. Your application must be in English and
include: (1) A citation of the specific provision to which you are
proposing an equivalent alternative; (2) a detailed description of the
alternative policy, practice, or other accommodation you are proposing
to use in place of the Part 382 requirement cited above; and (3) an
explanation of how it provides substantially equivalent accessibility
to passengers with disabilities.
    If the DOT grants your application, you may comply with Part 382
through implementing your equivalent alternative. If the DOT denies
your application, you must comply with Part 382 as written. (Sec.
382.10).

F. Assisting Passengers With Disabilities

     What is a physical or mental impairment? Physical
impairment includes--(1) Any physiological disorder or condition; (2)
cosmetic disfigurement; or (3) anatomical loss affecting one or more of
the following body systems:
    [cir] Neurological;
    [cir] Musculoskeletal;
    [cir] Special sense organs;
    [cir] Respiratory, including speech organs;
    [cir] Cardiovascular;
    [cir] Reproductive;
    [cir] Digestive;
    [cir] Genitourinary;
    [cir] Hemic and lymphatic;
    [cir] Skin; and
    [cir] Endocrine.
    Examples of physical impairments include--
    [cir] Orthopedic, visual, speech, and hearing impairments;
    [cir] Cerebral palsy;
    [cir] Epilepsy;
    [cir] Muscular dystrophy;
    [cir] Multiple sclerosis;
    [cir] Cancer;
    [cir] Heart disease;
    [cir] Diabetes; and
    [cir] Human Immunodeficiency Virus (HIV).
    Mental impairments include any mental or psychological disorder,
such as mental retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities. (Sec.  382.3).
     What is not considered a physical or mental impairment?
Physical characteristics such as the color of one's eyes, hair, or
skin; baldness; and left-handedness do not constitute physical
impairments. Similarly, neither age nor obesity alone constitutes a
physical impairment. Disadvantages due to cultural or economic factors
are not covered by Part 382. Moreover, the definition of ``physical or
mental impairment'' does not include personality traits such as poor
judgment or a quick temper, where these are not symptoms of a mental or
psychological disorder.
     What is a substantial limitation on one or more major life
activities? To qualify as a ``disability'' under Part 382 a condition
or disease must substantially limit a major life activity. Major life
activities include, activities such as--
    [cir] Caring for oneself,
    [cir] Performing manual tasks,
    [cir] Walking,
    [cir] Seeing,
    [cir] Hearing,
    [cir] Speaking,
    [cir] Breathing,
    [cir] Learning, and
    [cir] Working. (Sec.  382.3).
     When does an impairment ``substantially limit'' a major
life activity? There is no absolute standard for determining when an
impairment is a substantial limitation. Some impairments obviously
limit the ability of an individual to engage in a major life activity
as noted in the following examples.

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

     Are temporary mental or physical impairments covered by
Part 382? Yes. The definition of individual with a disability addresses
any individual who has a temporary physical or mental impairment.
(Sec.  382.3) See the following example:

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

     Who is a person with a ``record of'' a disability under
Part 382? Part 382 protects from discrimination an individual (1) who
has a ``record of'' (a history of) a physical or mental impairment that
substantially limits one or more major life activities or (2) who has
been classified, or misclassified, as having such an impairment.
Therefore, an individual who does not have a current actual impairment
that substantially limits a major life activity would still be
protected under Part 382 based upon a past diagnosis (or a
misdiagnosis) of an impairment that substantially limits a major life
activity. Individuals with a history of cancer or epilepsy are examples
of people with a record of impairment. (Sec.  382.3) The following
example illustrates such a situation:

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

     When is a person ``regarded as'' having a disability? Part
382 protects an individual who is ``regarded as'' having a physical or
mental impairment that substantially limits a major life activity,
whether or not that person actually has an impairment. A person can be
``regarded as'' disabled if--
    (1) His or her non-limiting or slightly limiting impairments are
treated by an air carrier as substantially limiting;
    (2) He or she has no impairments but is treated by an air carrier
as having a substantially limiting impairment; or
    (3) His or her impairments become substantially limiting because of
the attitudes of others toward such impairments. (Sec.  382.3).
    See the following two examples.

    Example 1: Carrier personnel deny John, an individual with a
mild heart condition controlled by medication, transportation
because they believe that flying will cause him to have heart
problems requiring the pilot to divert the aircraft during the
flight. John's condition does not substantially limit any major life
activity. John has informed the air carrier personnel that his heart
condition is controlled by medication and that for the past five
years he has flown on a near weekly basis without incident. Even
though John does not actually have an impairment that substantially
limits a major life activity, he is protected by the provisions of
Part 382 because he is treated as though he does. The air carrier
personnel's refusal to provide transportation to John must be
reasonable under the facts and circumstances presented. Arguably,
excluding John from the flight was unreasonable because he had
informed the air carrier employee that he was taking medication and
that he had flown frequently in the recent past without incident.
The reasonableness of the decision depends on John's credibility and
any additional information provided. Regardless of the
reasonableness of the decision, the air carrier employee is legally
required under Sec.  382.19(d) to provide a written explanation to
John within 10 calendar days of the refusal of transportation
detailing the specific safety or other reason(s) for excluding John
from the flight.
    Example 2: Karen, an individual born with a prominent facial
disfigurement, has been refused transportation on the grounds that

her presence has upset several passengers who have complained to
gate agents about her appearance. Karen's physical disfigurement
becomes substantially limiting only because of the attitudes of
others and she is protected by the provisions of Part 382. Refusing
to provide transportation to Karen would violate Sec.  382.19(b)
because you must not refuse to provide transportation to a qualified
individual with a disability, such as Karen, solely because her
appearance may offend or annoy other passengers. As in example 1
above, and regardless whether the decision to refuse transportation
was correct, a carrier must provide Karen with a written explanation
of the specific basis for the refusal within 10 calendar days of the
incident.

     When am I required to provide disability-related
accommodations to an individual? You are required to provide such an
accommodation when--
    (1) An individual with a disability or someone acting on his or her
behalf, such as a travel companion, family member, or friend, requests
an accommodation required by Part 382 or
    (2) You offer such a required accommodation to a passenger with a
disability and he or she accepts such accommodation.
     How do I determine whether a person is an individual with
a disability? Provide an opportunity for the passenger to self-identify
by asking how you can best assist him or her. (See for example,
Sec. Sec.  382.81, 382.85, 382.87, 382.91, 382.93, 382.111).
     May I ask an individual what his or her disability is?
Generally, no. However, clarifying the nature of a disability may be
required to determine if a passenger is entitled to a particular
seating accommodation under sections 382.81 through 382.87. You may not
make inquiries about an individual's disability or the nature or
severity of the disability. However, you may ask questions about an
individual's ability to perform specific air travel-related functions,
such as boarding, deplaning, and walking through the airport. For
example--

You may not ask a person      What is your disability?
                              Are you deaf?
You may ask                   Can you walk from the gate area to your
                               aircraft seat?
                              Are you able to transfer from the aisle
                               chair over a fixed aisle seat armrest?
                              Can you walk from this gate to your
                               connecting gate?
                              Do you need me to notify you if I make any
                               announcements over the public address
                               speaker?'' (write a note if necessary)

    Example: Susan asks for a bulkhead seat because the condition of
her leg requires additional legroom. You may ask, ``Are you unable
to bend your leg or is your leg fused or immobilized?'' For a
passenger with a fused or immobilized leg, the carrier is required
to provide a bulkhead seat or other seat that provides more legroom
than other seats on the side of an aisle that better accommodates
the individual's disability. (Sec.  382.81(d))

     How do I assist a passenger with a disability? Ask the
passenger how you can best assist him or her. A passenger with a
disability has the most information about his or her abilities,
limitations, level of familiarity with the airport and air carrier, and
needs in connection with air travel.

G. Part 382 Highlights

     What are some of the requirements of Part 382 that I
should be aware of? Following are some of the principle requirements of
Part 382. It is important to note that the list of Part 382
requirements below is not meant to be exhaustive. Rather, it is a list
of requirements governing situations that you are likely to encounter
regularly. In addition, these requirements may not be applicable in
instances where a legally binding conflicts of law waiver exists. You
should refer to the specific sections cited below for exceptions to
these requirements.
    [cir] You must not discriminate against passengers with a
disability. (Sec.  382.11(a)(1)) .
    [cir] You must not require a passenger with a disability to accept
special services (including preboarding) they do not request. (Sec.
382.11(a)(2)). Instead, you may ask a person if he or she would like a
particular service, facility, or other accommodation. However, you may
require preboarding as a condition to receive certain seating or cabin
stowage accommodations. (Sec. Sec.  382.83(c), 382.85(b), and
382.123(a)).
    [cir] You must not exclude a passenger with a disability from or
deny the individual the benefit of any air transportation or related
services that are available to other persons. (Sec.  382.11(a)(3)). For
example, if you choose to provide ground transportation and overnight
accommodations to passengers because of a flight cancellation, you must
ensure that the ground transportation to the hotel, and the hotel
itself, are accessible to a passenger with a disability.
    [cir] You must not take any adverse action against an individual,
such as refusing transportation, because an individual asserts, on his
or her own behalf, or on behalf of another individual, rights protected
under Part 382 or the ACAA. (Sec.  382.11(a)(4)).
    [cir] You must not limit the number of passengers with disabilities
on a particular flight.\6\ (Sec.  382.17).
---------------------------------------------------------------------------

    \6\ The DOT has received Conflict of Laws waiver requests from
some foreign carriers asserting that Sec.  382.17 conflicts with the
European Aviation Safety Agency's Joint Aviation Regulation-OPS
1.260. Visit http://www.regulations.gov, select ``Agency
Documents,'' and enter ``DOT-OST-2008-0272'' to view Conflict of
Laws waiver requests.
---------------------------------------------------------------------------

    [cir] You must not refuse transportation to a passenger solely
based on a disability. (Sec.  382.19).
    [cir] You must provide transportation to a passenger with a
disability who has an impairment that affects his or her appearance or
results in involuntary behavior except under limited circumstances
specified below. You must provide transportation to such passengers
with disabilities even if the disability may offend, annoy, or
inconvenience crewmembers or other passengers. (Sec.  382.19(b)).
However, if the person's disability results in involuntary behavior
that would or might adversely affect the safety of the flight, then the
person may be refused transportation. (Sec.  382.19(c)).
    [cir] You may refuse transportation to a passenger with a
disability if transportation of that passenger would--
    (1) Endanger the safety of the aircraft or the health or safety of
its passengers or
    (2) Violate a Federal Aviation Administration (FAA) or
Transportation Security Administration (TSA) regulation or applicable
requirement of a foreign government. (Sec.  382.19(c)).
    [cir] You must not require a passenger with a disability to travel
with a safety assistant or to present a medical certificate, except in
very limited circumstances. (Sec. Sec.  382.23(a) and 382.29).
    [cir] You must not require a passenger with a disability to sign a
release or waiver of liability to receive transportation or services or
accommodations for a disability. (Sec.  382.35(a)).
    [cir] You must not exclude a passenger with a disability from any
seat in an exit or other row solely based on his or her disability
except to comply with FAA regulations or applicable foreign

government safety requirements. (Sec.  382.87(a)).
    FAA regulations establish criteria that must be met for a passenger
to occupy a seat in the emergency exit rows. (14 CFR 121.585). There
also may be foreign government safety requirements for exit row
seating. If a passenger with a disability meets these FAA criteria and
applicable foreign government safety requirements, he or she should not
necessarily be excluded from sitting in an emergency exit row. As with
any other passenger, you must look at the individual passenger with a
disability and reasonably assess whether he or she meets the applicable
criteria for exit-row seating. (Sec.  382.87(b)).
    [cir] You must provide prompt boarding, deplaning, and connecting
assistance to passengers with disabilities requesting such assistance.
As part of this assistance, you must provide, as needed--
    (1) Equipment (for example, wheelchairs, electric carts, and aisle
chairs);
    (2) Personnel (for example, individuals to push wheelchairs and
aisle chairs and individuals to assist passengers with disabilities in
carrying and stowing their baggage); and
    (3) Ramps or mechanical lifts (only required at any U.S. commercial
service airport with 10,000 or more annual enplanements where level-
entry boarding and deplaning is not available.) (Sec. Sec.  382.91 and
382.95). See Appendix II for a discussion of the agreements carriers
must have with airports for the provision of lifts where level-entry
loading bridges are not available. (Sec.  382.99).
    You must allow passengers with disabilities to bring their
assistive devices including canes, crutches, walkers; or other
assistive devices inside the cabin of the aircraft. Other assistive
devices include items such as--
    [ssquf] Prescription medications and any medical devices needed to
administer them such as syringes or auto-injectors;
    [ssquf] Vision enhancing devices;
    [ssquf] Continuous positive airway pressure (CPAP) machines,
portable oxygen concentrators (POC), respirators, and ventilators,
using nonspillable batteries, and
    [ssquf] A folding or collapsible wheelchair (see below).
    These assistive devices may be stowed in designated priority
stowage areas, in overhead compartments, or under seats consistent with
FAA, PHMSA, TSA, or foreign government requirements concerning safety,
hazardous materials, and security with respect to stowage of carry-on
items. You must not count the number of assistive devices described
above toward the carry-on baggage limit. (Sec.  382.121).
    [cir] On certain aircraft, the carrier must designate a priority
stowage space (required dimensions 13'' x 36'' x 42'') for at least one
passenger's typical adult-sized folding, collapsible, or break-down
manual wheelchair. You must not require removal of the wheels or any
other disassembly to fit the manual wheelchair in this priority space.
(Sec.  382.67) This space must be in addition to the overhead
compartments and under-seat spaces routinely used for passenger carry-
on items. You are not required to stow any kind of electric wheelchair
in the aircraft cabin.
    This requirement applies if the aircraft--(1) has a designed
seating capacity of 100 or more seats and (2) for a U.S carrier, was
ordered after April 5, 1990, or delivered after April 5, 1992; for a
foreign carrier, was ordered after May 13, 2009, or delivered after May
13, 2010. (Sec.  382.67)).
    With regard to the priority stowage space, you, as a carrier, must
comply with the following:
    [ssquf] A passenger with a disability who takes advantage of the
opportunity to preboard may stow his or her wheelchair in this area
with priority over other carry-on items brought onto the aircraft by
other passengers and crewmembers consistent with FAA, PHMSA, TSA, or
foreign government requirements concerning safety, hazardous materials,
and security with respect to the stowage of carry-on items. (Sec.
382.123).
    [ssquf] You must move any item that you or your personnel have
placed in the closet or other area designated for priority stowage of
carry-on items such as crewmember luggage or a required on-board
wheelchair to make room for the passenger's wheelchair even if the
items were placed there before the passenger boarded the flight. This
includes any items that were placed in the priority stowage area on an
earlier originating or connecting flight. (Sec.  382.123).
    [ssquf] A passenger with a disability who does not preboard may use
the priority space to stow his or her wheelchair or other assistive
device on a first-come, first-served basis along with other passengers
stowing their carry-on items. (Sec.  382.123).
    [cir] On new aircraft ordered after May 13, 2009, or delivered to
carriers after May 13, 2011, carriers are not permitted to use seat-
strapping (tying down a wheelchair across a row of seats in an aircraft
that does not have the required space for stowing a folding wheelchair
in the cabin) as an alternative to designated stowage spaces. Subject
to the outcome of the pending rulemaking, you may use seat strapping
for manual wheelchairs on existing aircraft that do not have the
required space for stowing a folding wheelchair in the aircraft cabin.
\7\ (Sec.  382.123).
---------------------------------------------------------------------------

    \7\ On June 3, 2011, the Department published a Notice of
Proposed Rulemaking regarding the use of seat-strapping as a method
for in-cabin stowage of manual wheelchairs. See 76 FR 32107. The
Department expects to publish a final rule concerning seat-strapping
in 2012.
---------------------------------------------------------------------------

    [cir] A passenger with a disability who takes advantage of the
opportunity to preboard may stow assistive devices other than folding
wheelchairs in the priority stowage area over other carry-on items
(except folding wheelchairs) brought onto the aircraft by other
passengers and crewmembers enplaning at the same airport. Stowing these
devices in the priority space must be consistent with FAA, PHMSA, TSA,
or foreign government requirements concerning safety, hazardous
materials, and security with respect to the stowage of carry-on items.
(Sec.  382.123(a)(2)).
    [cir] You must have a copy of Part 382 available at every airport
you serve. For foreign carriers, you must keep a copy of Part 382 and
make it available at each airport serving a flight you operate that
begins or ends at a U.S. airport. You must make a copy available for
review upon request by any member of the public. (Sec.  382.45(a)). If
you have a Web site, it must also provide a notice that consumers may
obtain a copy of Part 382 from the DOT--
    [ssquf] By telephone (including the appropriate voice and Text
Telephones (TTY) numbers) via a toll-free hotline for air travelers
with disabilities or to the Aviation Consumer Protection Division;
    [ssquf] By mail to the Aviation Consumer Protection Division, or
    [ssquf] On the Aviation Consumer Protection Division's Web site
(http://airconsumer.dot.gov). (Sec.  382.45(b)).
    [cir] As a U.S. carrier, you must provide passengers with vision or
hearing impairments who identify themselves as needing assistance
prompt access to the same information given to other passengers at the
airport. This information includes--
    [ssquf] Flight safety,
    [ssquf] Ticketing,
    [ssquf] Flight check-in,
    [ssquf] Gate assignments,
    [ssquf] Delayed flights,
    [ssquf] Cancellations,
    [ssquf] Schedule changes,
    [ssquf] Boarding information,
    [ssquf] Connections,
    [ssquf] Checking baggage,

    [ssquf] Volunteer solicitation on oversold flights (offers of
compensations for giving up a reservation),
    [ssquf] Individuals being paged by airlines,
    [ssquf] Aircraft changes, and
    [ssquf] Emergencies such as fire or bomb threats.
    You must provide this information at each gate, ticketing area, and
customer service desk that you own, lease, or control at any U.S. or
foreign airport to the extent that this does not interfere with
employees' safety and security duties under FAA, TSA, and foreign
regulations. (Sec.  382.53(a)(1)).
    As a foreign carrier, you must make the information listed above
available at each gate, ticketing area, and customer service desk that
you own, lease, or control at any U.S. airport. At foreign airports,
you must make the information available only: (1) At gates, ticketing
areas, or customer service desks that you own, lease, or control and
(2) for flights that begin or end in the United States. (Sec.
382.53(a)(2)).
    As a U.S. or foreign carrier, you and any U.S. airport you use are
jointly responsible for providing the required passenger information to
passengers with vision or hearing impairments when that airport has
control over the gates, ticketing areas, and customer service desks,
(Sec.  382.53(a)(3)).
    [cir] You also must provide passengers with vision or hearing
impairments prompt access to the same information given to other
passengers on the aircraft. This means information that a reasonable
consumer would deem important, such as information on--
    [ssquf] Flight safety,
    [ssquf] Procedures for takeoff and landing,
    [ssquf] Flight delays,
    [ssquf] Schedule or aircraft changes,
    [ssquf] Diversion to a different airport,
    [ssquf] Scheduled departure and arrival time,
    [ssquf] Boarding information,
    [ssquf] Weather conditions at the destination airport,
    [ssquf] Beverage and menu information,
    [ssquf] Connecting gate assignments,
    [ssquf] Claiming baggage,
    [ssquf] Individuals being paged by airlines, and
    [ssquf] Emergencies such as fire or bomb threats.
    Crewmembers are not required to provide such information if it
would interfere with the crewmember's safety duties required under FAA
and applicable foreign regulations. (Sec.  382.119).
    [cir] You must allow a service animal to accompany a passenger with
a disability in the aircraft cabin consistent with FAA regulations or
applicable foreign government requirements. As a foreign carrier, you
are not required to carry service animals other than dogs (except as
noted in Sec.  382.7(c) for codeshare flights with U.S. carriers).
    You must allow the service animal to sit in close proximity to its
user if the service animal does not block the aisle or other emergency
evacuation route in violation of FAA regulations or applicable foreign
government requirements. Often this will mean that the service animal
will sit under the seat in front of the passenger with a disability to
avoid obstructing an aisle or other space. Some service animals are
held by their users in their arms as an adult would hold a human infant
(limited to infants under 2 years of age) of roughly the same size.
(Sec.  382.117).
    [cir] You must designate one or more Complaints Resolution Official
(CRO) if you provide service using aircraft with 19 or more passenger
seats. The CRO must be available (in person, by telephone, or TTY
service) to address disability-related complaints. You must provide a
CRO to a passenger even if the passenger does not use the term
``Complaints Resolution Official'' or ``CRO.'' When a passenger with a
disability uses words such as ``supervisor,'' ``manager,'' ``boss,'' or
``disability expert'' in connection with resolving a disability-related
issue, you must provide a CRO.
    As a U.S. carrier, you must make the CRO available at each airport
you serve during all times that you operate at that airport.
    As a foreign carrier, you must make a CRO available at each airport
serving flights you operate that begin or end at a U.S. airport. For
carriers that operate flights infrequently, for example, flying from
Dulles Airport to a foreign airport at 5 p.m. on Mondays and Thursdays,
you do not have to make a CRO available to persons at Dulles Airport on
those days you do not operate flights or in the mornings on days when
you operate flights. (Sec.  382.151).
    [cir] You must not charge for services that are required by Part
382. This means, for example, you and your employees and contractors
may not ask for a tip when providing wheelchair service to a passenger.
You may, however, impose a reasonable charge for services not required
by Part 382, that is, optional services. Examples of such optional
services include carrier-supplied medical oxygen for use onboard an
aircraft or stretcher service. (Sec.  382.31(a)).
    [cir] You may charge a passenger for the use of more than one seat
if the passenger's size or condition, such as use of a stretcher,
causes the passenger to occupy more than one seat. (Sec.  382.31(b)).
    [cir] If you have a Web site that persons use to make reservations
or purchase tickets that is inaccessible to a passenger with a
disability, you must not charge a fee to the passenger with a
disability who is unable to make a reservation or purchase a ticket
from your Web site when using another reservation booking method such
as by telephone. In addition, if you provide discounts or other
benefits to individuals who book a flight online, then that discount or
benefit must be given to a passenger with a disability who cannot use
the Web site due to his or her disability when he or she buys a ticket
using another method. (Sec.  382.31(c)).

Chapter 3: Assisting Air Travelers With Disabilities Planning a Trip

A. Advance Notice
B. Information About the Aircraft
C. Mobility Aids and Assistive Devices
D. Service Animals
E. Accommodations for Air Travelers With Hearing Impairments
F. Communicable Diseases
G. Medical Certificates
H. Your Obligation To Provide Services and Equipment
I. Safety Assistants

A. Advance Notice

    You cannot require a passenger with a disability to provide advance
notice of his or her intention to travel except as noted below.
Advance Notice Only for Particular Services and Equipment
    You may require up to 48 hours' advance notice (that is, 48 hours
before the scheduled departure time of the flight) and 1 hours' advance
check-in (that is, 1 hour before the check-in time for the general
public) from a passenger with a disability who wishes to receive the
following services:
     Transportation of an electric wheelchair on an aircraft
with fewer than 60 passenger seats;
     Provision by the carrier of hazardous materials packaging
for the battery of a wheelchair or other assistive device;
     Accommodations for 10 or more passengers with disabilities
who make reservations and travel as a group;
     Provision of an on-board wheelchair on an aircraft with
more than 60 passenger seats that does not have an accessible lavatory
for passengers with disabilities who can use an inaccessible lavatory
but need an on-board chair to do so;
     Transportation of an emotional support or psychiatric
service animal in the cabin;

     Transportation of any service animal on a flight segment
scheduled to take 8 hours or more; and
     Accommodation of a passenger with both severe vision and
hearing impairments. (Sec.  382.27(c)(4) through (c)(10)).

    Example 1:  If you advise passengers to check-in 1 hour before
the scheduled departure time of the flight, you may advise a
passenger with a disability who seeks one of the accommodations
listed above to check-in 2 hours before the scheduled departure time
for the flight.
    Example 2: While making his reservation, a passenger with a
disability gave the reservation agent 48 hours' advance notice that
he would need an aisle chair to access the lavatory on his upcoming
flight. The flight is on an aircraft with more than 60 passenger
seats and it does not have an accessible lavatory. During the
telephone call, the reservation agent makes the passenger aware of
the fact that the lavatory is inaccessible, but the passenger
explains that he can use an inaccessible lavatory if he has access
to an aisle chair provided by the carrier. The passenger has
complied with the advance notice requirement. Normally this
information would have been entered into the passenger's reservation
record (also known as the passenger name record (PNR)) by the
carrier and the request for an aisle chair would have been handled
through that notification process. You are a new gate agent for your
carrier and when this passenger approaches you at the gate of the
flight and asks about the requested aisle chair, you are not sure
how to reply. What should you do?
    To begin, as a matter of good customer service, you should tell
the passenger that you are not sure but you will find out. You
should ask a colleague and, if necessary, contact a Complaints
Resolution Official (CRO). When you ask your colleague, you are told
that all aircraft with more than 60 passenger seats in your air
carrier's fleet are equipped with an in-cabin aisle chair. Once you
receive this information, you should assure the passenger that an
aisle chair is available so he can use the inaccessible lavatory on
the aircraft.

Advance Notice for POC or Carrier-Supplied Inflight Medical Oxygen
    With respect to onboard use of supplemental oxygen during a flight,
you can require advance notice of a passenger whether you, the carrier,
provides the oxygen or the passenger supplies the POC.
    International flights. You may require up to 72 hours' advance
notice and 1-hour advance check-in (that is, 1 hour before the check-in
time for the general public) from a passenger with a disability who
wishes to receive carrier-supplied medical oxygen for use onboard the
aircraft. You may require 48 hours' advance notice and check-in one
hour before the check-in time for the general public to use his/her
ventilator, respirator, CPAP machine or POC.
    Domestic flights. You may require up to 48 hours' advance notice
and 1-hour advance check-in (that is, 1 hour before the check-in time
for the general public) from a passenger with a disability who wishes
to use his or her own POC or wishes to receive carrier-supplied medical
oxygen for use onboard the aircraft. (Sec.  382.27(b)).
Advance Notice for Other Electronic Respiratory Assistive Devices
    With respect to onboard use of a ventilator, respirator, or
continuous positive airway pressure (CPAP) machine during a flight, you
may require up to 48 hours' advance notice and 1-hour advance check-in
(that is, 1 hour before the check-in time for the general public) from
a passenger with a disability when the passenger supplies the
ventilator, respirator, or CPAP machine. (Sec.  382.27(b)).
Advance Notice for Optional Services and Equipment
    Although carriers are not required to provide the following
services or equipment, if you choose to provide them, you may require
up to 48 hours' advance notice (that is, up to 48 hours before the
scheduled departure time of the flight) and 1 hour's advance check-in
(that is, 1 hour before the check-in time for the general public) for--
     Carriage of an incubator;
     Hook-up for a CPAP machine, POC, respirator, or ventilator
to the aircraft's electrical power supply; and
     Accommodation for a passenger who must travel on a
stretcher. (Sec.  382.27(c)(1)-(3)).
    If a passenger with a disability provides the appropriate advance
notice for a service you are required to provide or choose to provide,
you must provide that the service or accommodation. (Sec.  382.27(d)).

    Note: Since the issuance of the revised Part 382 on May 13,
2008, some carriers have denied passengers the use of POCs onboard
the aircraft because the devices did not have a manufacturer's label
indicating that the device complies with the standards of RTCA/DO-
160 or other applicable Federal Aviation Administration (FAA) or
foreign requirements for portable medical electronic devices, even
though the POC has been approved by the FAA for onboard use. As
stated in its Notice published on October 29, 2009, the Department
of Transportation (DOT) strongly encourages carriers to allow
passengers to use any FAA-approved POC if the conditions in Special
Federal Aviation Regulation No. 106 (SFAR 106) for use of portable
oxygen concentrator systems onboard aircraft are followed even if
the device has not been labeled \8\. Under SFAR 106, the FAA reviews
the tests of POCs and determines whether the POCs meet safety
requirements for medical portable electronic devices and are safe
for use in-flight subject to certain conditions. The FAA
specifically lists any POC brands and models that it deems
acceptable for use onboard aircraft in SFAR 106. (14 CFR part 121,
SFAR 106) (A list of FAA-approved POCs can be found on the FAA's Web
site at http://www.faa.gov/about/initiatives/cabin_safety/portable_oxygen/).

    \8\ The Use of Passenger-Supplied Electronic Respiratory
Assistive Device on Aircraft, October 28, 2009. See http://airconsumer.dot.gov/rules/notice_10_28_09.pdf. The notice also
covers other electronic respiratory assistive devices.
---------------------------------------------------------------------------

Make a Reasonable Effort To Accommodate, Even Without Advance Notice
    If a passenger with a disability does not meet the advance notice
or check-in requirement described above, you must make a reasonable
effort to furnish the requested service or equipment, if making such
accommodation would not delay the flight. (Sec.  382.27(g)).

    Example 1: Mr. Thomas uses a battery-powered wheelchair. He
travels frequently between Washington, DC, and New York for
business. One day, he finds out that he has an important business
meeting in New York and must travel to New York that afternoon. He
has no time to provide advance notice regarding the transportation
of his battery-powered wheelchair and arrives at the gate 45 minutes
before his flight is scheduled to depart. The aircraft for the
flight has fewer than 60 passenger seats. What should you do?
    As a carrier, you may require 48 hours' advance notice and 1-
hour advance check-in for transportation of a battery-powered
wheelchair on a flight scheduled to be made on an aircraft with
fewer than 60 passenger seats. You may require the same advance
notice to provide hazardous materials packaging for a battery.
However, carrier personnel are required to make reasonable efforts
to accommodate a passenger who fails to provide the requisite notice
to the extent it would not delay the flight. Therefore, you must
make a reasonable effort to accommodate Mr. Thomas.
    Mr. Thomas is a frequent traveler on this particular route and
he knows that usually it is feasible to load, store, secure, and
unload his battery-powered wheelchair and spillable battery in an
upright position (Sec.  382.127(c)) or detach, ``box'', and store
the spillable battery (Sec.  382.127(d)) within about 20 to 25
minutes. If this is possible under the existing circumstances, you
must accommodate Mr. Thomas, his battery-powered wheelchair, and the
spillable battery even though Mr. Thomas did not provide advance
notice, because doing so would not delay the flight.
    Example 2: Ms. Webster must travel with medical oxygen and
arrives at the airport without providing advance notice of her need
for medical oxygen. As a policy, your carrier does not provide
medical oxygen on any flights. What should you do?
    To begin, you should confirm that your carrier does not provide
the optional service

of medical oxygen for use onboard a flight. If no medical oxygen
service is available on your carrier, you should explain this to Ms.
Webster and tell her that the carrier cannot accommodate her.
    As a matter of customer service, you may direct Ms. Webster to
another carrier that provides medical oxygen service in that market.
The passenger should be aware, however, that providing medical
oxygen involves coordination with the passenger's physician to
determine the flow rate and the amount of oxygen needed and
arranging for the delivery of the oxygen by the carrier to the point
of origin of the passenger's trip. Therefore, normally, it is not
possible to accommodate a passenger who needs medical oxygen on a
flight unless the advance notice is provided because the
accommodation cannot be made without delaying the flight. If the
customer cannot be accommodated, you should provide the customer
with a written statement stating the specific basis for the refusal
to provide transportation within 10 calendar days of the refusal in
accordance with section 382.19(d).

If the Aircraft Is Substituted or Changed to Another Carrier, Make an
Effort To Accommodate
    Even if a passenger with a disability provides advance notice,
sometimes weather or mechanical problems require cancellation of the
flight or the substitution of another aircraft. Under these
circumstances, you must, to the maximum extent feasible, assist in
providing the accommodation originally requested by the passenger with
a disability even if the new flight is on another carrier. (Sec.
382.27(f)).

B. Information About the Aircraft

    You should be able to provide information about aircraft
accessibility to passengers with a disability when they or persons on
their behalf request this information. When feasible, you should
provide information pertaining to a specific aircraft to be used for a
specific flight. In general, you must take into account safety and
feasibility when seating passengers with disabilities. (Sec.  382.41
and Subpart F--Seating Accommodations).
If Requested, You Should Be Able To Provide Information on the
Following
     Any limitations concerning the ability of the aircraft to
accommodate an individual with a disability. This includes limitations
on the availability of level-entry boarding to the aircraft at any
airport involved in the flight;
     The location of seats in a row with a movable aisle
armrest, if any, by row and seat number and any seats which the carrier
may not make available to individuals with a disability (for example,
exit rows);
     Any limitation on the availability of storage facilities
in the cabin or in the cargo compartment for mobility aids or other
assistive devices commonly used by an individual with a disability,
including storage in the cabin of a passenger's wheelchair;
     Whether the aircraft has a lavatory accessible to
passengers with a disability; and
     The type of services available and unavailable to
passengers with a disability. (Sec.  382.41).
You Are Required To Provide the Following Information
    For a passenger with a disability who communicates that he or she
uses a wheelchair for boarding, you must provide information on any
aircraft-related, service-related, or other accommodation limitation
such as a limitation on the availability of level-entry boarding to the
aircraft at any airport involved in the flight. The passenger does not
have to request this information explicitly. (Sec.  382.41(c)).
Accuracy of Information
    When an agent acting on your behalf provides inaccurate information
to a passenger with a disability concerning a disability-related
accommodation, you, the carrier, are responsible for any resulting
information-related violation of Part 382.
    In addition, if you agree to provide a service not specifically
required under Part 382 to accommodate a particular passenger's
disability, you are obligated to provide that service or risk being in
violation of Sec.  382.41. For example, if you inform a passenger that
you will not serve peanuts on the passenger's flights to accommodate
his or her peanut allergy then you must ensure peanuts are not served
on those flights or be in violation of Sec.  382.41.
Passenger-Supplied Electronic Respiratory Assistive Devices
    U.S. carriers (except for on-demand air taxi operators).
    You must permit passengers with a disability travelling on aircraft
originally designed to have a maximum passenger seating capacity of
more than 19 seats to use a continuous positive airway pressure (CPAP)
machine, respirator, ventilator, or an FAA-approved POC in the aircraft
cabin if the device--
    (1) Meets FAA or applicable foreign government requirements and
displays a manufacturer's label indicating that the device meets those
requirements; and
    (2) Can be stowed and used in the aircraft cabin under applicable
FAA, PHMSA, and Transportation Security Administration (TSA)
regulations. (Sec.  382.133(a)).
    When during the reservation process a passenger with a disability
asks you about bringing his or her electronic respiratory assistive
device onboard the aircraft, you must tell the passenger about the
requirements for carrying the device onboard the aircraft
specifically--
    (1) Labeling (see Note on labeling in Section A),
    (2) Maximum weight and dimension limitations,
    (3) Bringing an adequate number of fully charged batteries
(packaged and protected from short circuit and physical damage),
    (4) Any advance notice and check-in requirements (See Section A),
    (5) Medical certificate requirements (POCs), and
    (6) The maximum expected duration of the flight. (Sec.
382.133(c)(1) through (c)(6) and (f)(1)).
    You may insist that passengers bring an adequate number of fully
charged batteries onboard to power the device for not less than 150
percent of the expected maximum flight duration. (Sec.  382.133(f)(2)).
If the passenger does not comply with the conditions for acceptance of
a medical portable electronic device outlined in the regulation, you
may deny the passenger boarding. (Sec.  382.133(f)(3)) If you deny the
passenger boarding, you must provide the passenger with a written
explanation within 10 calendar days of the refusal of transport as
required under Sec.  382.19(d).
Foreign Carriers (Except for Foreign Carriers Conducting Operations
Equivalent to U.S. On-Demand Air Taxi Operators)
    You must permit passengers with a disability traveling on aircraft
originally designed to have a maximum passenger seating capacity of
more than 19 seats to use a CPAP machine, respirator, ventilator, or a
POC of a kind equivalent to an FAA-approved POC for U.S. carriers in
the aircraft cabin during flights to, from, or within the United States
if the device--
    (1) Meets requirements for medical portable electronic devices set
by the foreign carrier's government and displays a manufacturer's label
indicating that the device meets those requirements or, if there is no
applicable foreign government provision, the device meets requirements
for medical portable electronic devices set by the FAA for U.S.
carriers and displays a manufacturer's label that the device meets FAA
requirements and
    (2) Can be stowed and used in the aircraft cabin under applicable
FAA, PHMSA, and TSA regulations, and the

safety or security regulations of the foreign carrier's government.
(Sec.  382.133(b)).
    When during the reservation process a passenger with a disability
asks you about bringing his or her CPAP machine, respirator,
ventilator, or a POC of a kind equivalent to an FAA-approved POC for
U.S. carriers onboard the aircraft, you must tell the passenger about
the foreign carrier's government requirements or FAA requirements, if
applicable, for carrying the device onboard the aircraft specifically--
    (1) Labeling (see Note on labeling in Section A),
    (2) Maximum weight and dimension limitations,
    (3) Bringing an adequate number of fully charged batteries
(packaged in accordance with applicable government safety regulations),
    (4) Any advance notice and check-in requirements (See Section A),
    (5) Medical certificate requirements (POCs), and
    (6) The maximum expected duration of the flight. (Sec.
382.133(d)(1) through (d)(7) and (f)(1)).
    You may insist that passengers bring an adequate number of fully
charged batteries onboard to power the device for not less than 150
percent of the expected maximum flight duration. (Sec.  382.133(f)(2)).
If the passenger does not comply with the conditions for acceptance of
a medical portable electronic device outlined in the regulation, you
may deny the passenger boarding. (Sec.  382.133(f)(3)). If you deny the
passenger boarding, you must provide the passenger with a written
explanation within 10 calendar days of the refusal of transport as
required under Sec.  382.19(d).
Medical Certificate Requirements
    While you may require a medical certificate from an individual who
wishes to use a POC or carrier supplied oxygen during flight, it
normally would not be appropriate for you to ask for such a certificate
from someone wishing to use a CPAP machine, respirator, or ventilator
aboard a flight. Consistent with Sec.  382.23, a medical certificate
should be required of an individual who uses a CPAP machine,
respirator, or ventilator only if the individual's medical condition is
such that there is reasonable doubt that the individual can complete
the flight safely, without requiring extraordinary medical assistance
during the flight. See Section G., Medical Certificates.
Batteries
    The appropriate number of batteries should be calculated using the
manufacturer's estimate of the hours of battery life while the device
is in use and as specified in the passenger's medical certificate (for
example, flow rate for POCs). The expected maximum flight duration is
defined as the carrier's best estimate of the total duration of the
flight from departure gate to arrival gate, including taxi time to and
from the terminals, based on the scheduled flight time and factors such
as wind and other weather conditions forecast; anticipated air traffic
delays; one instrument approach and possible missed approach at the
destination airport; and any other conditions that may delay arrival of
the aircraft at the destination. (Sec. Sec.  382.3 and 382.133(f)).
    You may deny boarding, on the basis of safety, to a passenger with
a disability who does not carry the number of fully charged batteries
prescribed in the rule or to a passenger with a disability who does not
properly package the extra batteries needed to power his/her device.
Information for passengers on how to travel safely with batteries is
available at http://safetravel.dot.gov. However, you may not deny
boarding due to an inadequate number of batteries unless you can
provide information from a reliable source demonstrating that the
number of batteries that the passenger has supplied will not provide
adequate power for 150 percent of the expected maximum flight duration
based on the battery life indicated in the manufacturer's specification
when the device is operating at the flow rate specified in the medical
certificate. In instances where you deny boarding to an individual, you
must provide the individual a written statement of the reason for the
refusal to provide transportation within 10 days of the incident.
(Sec.  382.133(f)(3)).

    Note: The requirement to bring an adequate number of batteries
to operate the device continuously for up to 150 percent of the
expected maximum flight duration does not apply in circumstances
where the passenger will be using an FAA-approved POC while boarding
or deplaning from the aircraft but will be using a carrier-supplied
POC or carrier-supplied oxygen during the flight itself.

Codeshare Flights
    As the carrier whose code is used on a flight itinerary, you must
either inform the passenger with a disability who inquires about using
an electronic respiratory device (CPAP, POC, respirator, or ventilator)
onboard the aircraft to--
    (1) Contact the carrier operating the flight for information about
its requirements for use of electronic respiratory devices onboard the
aircraft or
    (2) Provide information on the use of electronic respiratory
devices on behalf of the codeshare carrier operating the flight. (Sec.
382.133(e)).

    Example: A passenger buys a codeshare ticket from carrier A for
a connecting itinerary from New York to Cairo through London, where
carrier A operates the New York to London flight segment and carrier
B operates the London to Cairo flight segment under carrier A's
designator code. Carrier A must upon inquiry from the passenger
inform the passenger about--
    (1) Carrier A's requirements for the use in the cabin of a CPAP
machine, POC, respirator, or ventilator and
    (2) Carrier B's requirements for the use in the cabin of a CPAP
machine, POC, respirator, or ventilator, or tell the passenger to
contact carrier B directly to obtain this information.

C. Mobility Aids and Assistive Devices

    If, in assisting a passenger with a disability, a carrier employee
or contractor disassembles the passenger's wheelchair, mobility aid, or
other assistive device, another carrier employee or contractor must
reassemble it and ensure its prompt return to the passenger with a
disability in the same condition in which the carrier received it.
(Sec.  382.129(b)). 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.
You must carry out these instructions to the greatest extent feasible
consistent with FAA, PHMSA, TSA, or foreign government requirements
concerning safety, hazardous materials, and security with respect to
the stowage of carry-on items. (Sec.  382.129(a)). You cannot require
passengers with disabilities to sign a waiver of liability for damage
to or loss of wheelchairs or other assistive devices. However, you may
note preexisting damage to wheelchairs or other assistive devices.
(Sec.  382.35(b)).

D. Service Animals \9\
---------------------------------------------------------------------------

    \9\ Guidance Concerning Service Animals at http://airconsumer.ost.dot.gov/rules/20030509.pdf. This document describes
how the DOT understands Sec.  382.117 and provides suggestions and
recommendations on how carriers can best accommodate service animals
and their users.
---------------------------------------------------------------------------

    A service animal is an--
    (1) Animal individually trained to perform functions to assist a
person with a disability;
    (2) Animal that has been shown to have the innate ability to assist
a person

with a disability, for example, a seizure alert animal; or
    (3) Emotional support or psychiatric service animal.
    You should be aware that there are many different types of service
animals that perform a range of tasks for individuals with a
disability. However, as a foreign carrier you are only required to
accommodate dogs as service animals except on codesharing flights with
U.S. carriers. For more information regarding service animals on such
flights, see the Note under the heading Unusual Service Animals in this
section.
Service Animal Permitted To Accompany Passenger on Flight and at Seat
Assignment
    You must permit a service animal used by a passenger with a
disability to accompany the passenger on his or her flight. (Sec.
382.117(a)). In addition, you must permit a service animal to accompany
a passenger with a disability to the passenger's assigned seat and
remain there if the animal does not obstruct the aisle or other areas
that must remain unobstructed to facilitate an emergency evacuation.
(Sec.  382.117(b)). The service animal must be allowed to accompany the
passenger unless it poses a direct threat to the health or safety of
others or presents a significant threat of disruption to the cabin
service.
    If a service animal does not fit in the space immediately in front
of the accompanying passenger with a disability and there is no other
seat with sufficient space to safely accommodate the animal and the
accompanying passenger, there are several options to consider for
accommodating the service animal in the cabin in the same class of
service. You should speak with other passengers to find a passenger--
    (1) Seated in an adjacent seat who is willing to share foot space
with the animal, or
    (2) Who is willing to exchange seats with the passenger
accompanying the service animal and is seated in a seat adjacent to--
    (a) A location where the service animal can be accommodated (for
example, in the space behind the last row of seats) or
    (b) An empty seat.
    You must not deny a passenger with a disability transportation on
the basis that the service animal may offend or annoy persons traveling
on the aircraft. (Sec.  382.117(a)(1)). See also Guidance Concerning
Service Animals at http://airconsumer.ost.dot.gov/rules/20030509.pdf.
The FAA issued a Flight Standards Information Bulletin for Air
Transportation (FSAT) that deals with the ``Location and Placement of
Service Animals on Aircraft Engaged in Public Air Transportation.''
That FSAT can be found in Appendix IV.
If Service Animal Cannot Be Accommodated at Assigned Seat
    If a service animal cannot be accommodated at the seat of the
passenger with a disability and if there is another seat in the same
class of service where the passenger and the animal can be
accommodated, you must offer the passenger the opportunity to move to
the other seat with the service animal. (Sec.  382.117(c)).
Verification of Service Animals
    Under particular circumstances (see Example 1 below), you may wish
to verify whether an animal accompanying a passenger with a disability
qualifies as a service animal under Part 382. Other than service
animals used as emotional support or psychiatric service animals, you
must accept the following as evidence that the animal is a service
animal:
     The credible verbal assurances of a qualified individual
with a disability using the animal,
     The presence of harnesses,
     Tags, or
     Identification cards or other written documentation.
(Sec.  382.117(d)).

    Note: Passengers accompanied by service animals may not have
identification or written documentation regarding their service
animals. Some service animals wear harnesses, vests, capes, or
backpacks. Markings on these items or on the animal's tags may
identify it as a service animal, however, the absence of such
equipment does not necessarily mean the animal is not a service
animal. Similarly, the presence of a harness or vest on a pet for
which the passenger cannot provide a credible verbal assurance may
not be sufficient evidence that the animal is a legitimate service
animal. See also Appendix III of this manual titled DOT Guidance
Concerning Service Animals in Air Transportation.

Required Documentation
    If a flight is scheduled for 8 hours or more, you may require
documentation that the service animal will not need to relieve itself
on the flight or can do so in a way that will not create a health or
sanitation issue on the flight. (Sec.  382.117(a)(2)).
    Carriers also may require that passengers traveling with emotional
support or psychiatric service animals present current documentation
(that is, no older than 1 year from the date of the passenger's
scheduled initial flight)\10\ on the letterhead of a licensed mental
health professional, including a medical doctor, specifically treating
the passenger's mental or emotional disability stating--
---------------------------------------------------------------------------

    \10\ Your carrier may, at its discretion, accept from the
passenger with a disability documentation from his or her licensed
mental health professional that is more than 1 year old. The DOT
encourages carriers to consider accepting ``outdated'' documentation
in situations where such passenger provides a letter or notice of
cancellation or other written communication indicating the
termination of health insurance coverage, and his/her inability to
afford treatment for his or her mental or emotional disability.
---------------------------------------------------------------------------

     The passenger has a recognized mental or emotional
disability;\11\
---------------------------------------------------------------------------

    \11\ Referenced in the Diagnostic and Statistical Manual of
Mental Disorders--Fourth Edition (DSM IV).
---------------------------------------------------------------------------

     The passenger needs the service animal as an accommodation
for air travel and/or activity at the passenger's destination;
     The provider of the letter is a licensed mental health
professional, or a licensed medical professional treating the
individual for the recognized mental or emotional disability, and the
passenger is under the individual's professional care; and
     The date and type of mental health professional's license
and the state or other jurisdiction in which the license was issued.
(Sec.  382.117(e)(1) through (e)(4)).
    Even if you receive sufficient verification that an animal
accompanying a passenger is a service animal, if the service animal's
behavior in a public setting is inappropriate or disruptive to other
passengers or carrier personnel, you may refuse to permit the animal on
the flight and offer the passenger alternative accommodations in
accordance with Part 382 and your carrier's policy (for example, carry
the animal in the cargo compartment). Note that carriers are required
to carry service animals even if the animal may offend or annoy carrier
personnel or persons traveling on the aircraft. Pursuant to section
382.117(g), if you refuse to accept an animal as a service animal, you
must explain the reason for your decision to the passenger and document
it in writing. A copy of the explanation must be provided to the
passenger within 10 calendar days of the incident.

    Example 1: A passenger arrives at the gate accompanied by a pot-
bellied pig. She claims that the pot-bellied pig is her service
animal. What should you do?
    Generally, you must permit a passenger with a disability to be
accompanied by a service animal. However if you have a reasonable
basis for questioning whether the animal is a service animal, you
may ask for some verification. Usually written verification is not
required.
    You may begin by asking questions about the service animal, for
example, ``What tasks or functions does your animal perform for

you?'' or ``What has its training been?'' If you are not satisfied
with the credibility of the answers to these questions or if the
service animal is an emotional support or psychiatric service
animal, you may request further verification. You should also call a
CRO if there is any further doubt as to whether the pot-bellied pig
is the passenger's service animal.
    Finally, if you determine that the pot-bellied pig is a service
animal, you must permit the service animal to accompany the
passenger to her seat provided the animal does not obstruct the
aisle or present any safety issues and the animal is behaving
appropriately in a public setting. However, note that as a foreign
carrier, you are not required to carry service animals other than
dogs (except as noted in Sec.  382.7(c) for codeshare flights with a
U.S carrier.).
    Example 2: A passenger with a hearing impairment is planning to
board the plane with his service animal. The service animal is a
hearing-assistance dog and is small enough to sit on the passenger's
lap. While waiting to board the flight, the hearing-assistance dog
jumps off the passenger's lap and begins barking and nipping at
other passengers in the waiting area. What should you do?
    Although you have initially made the determination that the
hearing-assistance dog is a service animal and may accompany the
passenger with the hearing impairment on the flight, you may
reconsider the decision if the dog is behaving in a manner that
seems disruptive and infringes on the safety of other passengers.
You should carefully observe the hearing-assistance dog's behavior
and explain it in detail to a CRO (if the CRO is on the telephone).
If, after careful consideration of all the facts presented, the CRO
decides not to treat the dog as a service animal, you should explain
your carrier's policy regarding traveling with animals that are not
being allowed in the passenger cabin as service animals. As
discussed later, you also must document your decision in writing and
provide the passenger with a copy of your explanation at the airport
or within 10 calendar days. (Sec.  382.117(g)).

Requests for Seat Assignments by a Passenger Accompanied by a Service
Animal
    For a passenger with a disability traveling with a service animal,
you must provide, as the passenger requests, either a bulkhead seat or
a seat other than a bulkhead seat. (Sec.  382.81(c)). Note that on some
aircraft the bulkhead seat is also the emergency exit row. If this is
the case, the passenger cannot sit in the bulkhead seat with the
service animal.
Relief Areas for Service Animals
    With respect to terminal facilities you own, lease, or control at a
U.S. airport, you must, in cooperation with the airport operator,
provide relief areas for service animals that accompany passengers with
a disability who are departing, arriving, or connecting at an airport
on your flights.
    When establishing relief areas you should consider the size and
surface material of the area, maintenance, and distance to relief area,
which could vary, based on the size and configuration of the airport.
In planning the relief area, it is critical to involve airline,
airport, service animal training organization, TSA, and U.S. Customs
and Border Protection.
    In addition, you should advise passengers who request you provide
them with assistance to an animal relief area, 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 DOT requirement to provide animal relief areas was effective on
May 13, 2009, for U.S. carriers and May 13, 2010, for foreign carriers.
See Chapter 4, Section A, Animal Relief Areas, for additional guidance
on establishing and maintaining relief areas for service animals.
(Sec.  382.51(a)(5)).
Unusual Service Animals
    As a U.S. carrier, you are not required to carry certain unusual
service animals in the aircraft cabin such as ferrets, rodents,
spiders, snakes and other reptiles. Other commonly used service
animals, such as miniature horses and monkeys, can travel as service
animals on U.S. carriers. However, the carrier can decide to exclude a
particular animal on a case-by-case basis if it--
     Is too large or heavy to be accommodated in the aircraft
cabin;
     Would pose a direct threat to the health and safety of
others;
     Would cause a significant disruption in cabin service; or
     Would be prohibited from entering a foreign country at the
aircraft's destination.
    For U.S. carriers, if none of the factors listed directly above
preclude a service animal from traveling in the aircraft cabin, you
must permit it to travel onboard the aircraft.

    Note: As a foreign carrier, you are normally only required to
accommodate dogs as service animals. However, if you are a foreign
carrier that participates in a codesharing arrangement with a U.S.
carrier on flights between two foreign points, the service
provisions of Subparts A through C, F through H, and K with respect
to passengers traveling under the U.S. carriers code would be in
effect on the codeshare flight. Therefore, in such instances as a
foreign carrier you would have to accommodate service animals other
than dogs.

Exceptions to Requirement for Foreign Carriers To Accommodate Unusual
Service Animals
    A U.S. carrier advises the passenger that the foreign carrier does
not accept service animals other than dogs and then assists the
passenger in making alternate flight arrangements using alternate
carriers and/or alternate routings.
    Alternatively, the U.S. carrier could market and sell the flight
segment between two foreign points as an interline connection \12\ as
opposed to a code-share flight, and fully disclose to the passenger
that the foreign carrier will likely not provide the same service that
is to accept service animals other than dogs as is required of a U.S.
carrier.
---------------------------------------------------------------------------

    \12\ Interline connection means change of aircraft and airlines.
---------------------------------------------------------------------------

Nonacceptance of a Service Animal
    If you decide not to accept an animal as a service animal, you must
explain the reason to the passenger and document your decision in
writing. A copy of the explanation must be provided to the passenger at
the airport or within 10 calendar days of the event. (Sec.
382.117(g)).
Destinations Outside the United States
    You must promptly take all steps necessary to comply with foreign
regulations such as animal health regulations, to permit the
transportation of a passenger's service animal from the United States
to a foreign destination. (Sec.  382.117(h)). See Appendix IV for DOT
Guidance on transportation of service animals into the United Kingdom
and into countries other than the United Kingdom. (Sec.  382.117(i)).
This guidance also can be found on the DOT's Aviation Consumer
Protection Division Web site at http://airconsumer.dot.gov.

E. Accommodations for Air Travelers With Hearing Impairments

    If, as a carrier, you provide a telephone reservation and
information service to the public, you must make this service available
to individuals who use a text telephone (TTY), whether through your own
TTY, voice relay, or other available technology to permit individuals
with hearing impairments to make reservations and obtain information.
You no longer are required to have a TTY; only your reservation service
must be available to those who use a TTY. The TTY, voice relay, or
other available technology must be available during the same hours as
the telephone service for the general public and the same response time
for answering calls and the same surcharges

must apply to the TTY, voice relay, or other available technology as
the telephone service for the general public (non-TTY users). You must
also list your TTY number if you have one when in any medium in which
you list the telephone number of your information and reservation
service. If you do not have a TTY number, you must state how TTY users
can reach your information and reservation service such as via voice
relay or other technology. (Sec.  382.43(a)(1) through (4)).
Foreign Carriers
    As a foreign carrier, information and reservation services must be
accessible to individuals with hearing impairments for flights covered
by this rule by May 13, 2010. (Sec.  382.43(a)(5)).
Exceptions to TTY Requirements
    You do not have to meet the TTY, voice relay, or other available
technology requirements in any country in which the telecommunications
infrastructure does not readily permit compliance. (Sec.  382.43(b)).

F. Communicable Diseases

Passengers With a Communicable Disease or Other Medical Condition Are
Permitted on a Flight
    Except as described below in this section, you must not-- (1)
Refuse transportation to; (2) require a medical certificate from; (3)
delay the passenger's transportation (for example, require the
passenger to take a later flight); or (4) impose any condition,
restriction, or requirement not imposed on other passengers on a
passenger with a communicable disease or infection. (Sec.  382.21)
If Direct Threat to Health or Safety of Others, Limitations May Be
Imposed
    Only if a passenger with a communicable disease or infection poses
a direct threat to the health or safety of others, can you take any of
the actions listed below. (Sec.  382.21(a)). A direct threat means a
significant risk to the health or safety of others that cannot be
eliminated by modifying policies, practices, or procedures, or by
providing auxiliary aids or services. (Sec.  382.3) .
    To be a direct threat--
    A condition must be (1) readily transmittable by casual contact
during a flight; and (2) have severe health consequences.
Direct Threat Determination
    If you are faced with particular circumstances where you are
required to make a determination as to whether a passenger with a
communicable disease or infection poses a direct threat to the health
or safety of others, you must make an individualized assessment based
on a reasonable judgment, relying on current medical knowledge or the
best available objective evidence, to determine--
    (1) The nature, duration, and severity of the risk;
    (2) The probability that the potential harm to the health and
safety of others will actually occur; and
    (3) Whether reasonably modifying policies, practices, or procedures
will mitigate the risk. (Sec. Sec.  382.19(c)(1)(i-iii) and
382.21(b)(1)(2)).
    In making this assessment, you may rely on directives issued by
public health authorities such as the U.S. Centers for Disease Control
or Public Health Service, comparable agencies in other countries, and
the World Health Organization. You must consider the significance of
the consequences of a communicable disease and the degree to which it
can be readily transmitted by casual contact in an aircraft cabin.
(Sec.  382.21(b)(1)).
    You should also confer with appropriate medical personnel and a CRO
when making this assessment. The following table presents examples of
communicable diseases and the degree to which they can be readily
transmitted in an aircraft cabin, whether they involve severe health
consequences and whether they pose a ``direct threat'' to other
passengers:

----------------------------------------------------------------------------------------------------------------
                                      Readily transmissible in       Severe health
        Communicable disease             the aircraft cabin           consequences            Direct threat
----------------------------------------------------------------------------------------------------------------
Common Cold.........................  Yes.....................  No.....................  No.
AIDS................................  No......................  Yes....................  No.
SARS................................  Yes.....................  Yes....................  Yes.
----------------------------------------------------------------------------------------------------------------

(Sec.  382.21(b)(2)).
If the Passenger Poses a Direct Threat to the Health and Safety of
Others
    If, in your estimation, a passenger with a communicable disease or
infection poses a direct threat to the health or safety of other
passengers, you may--
    (1) Impose on that passenger a special condition or restriction
(for example, wearing a mask);
    (2) Require that person to provide a medical certificate stating
that the disease at its current stage would not be transmittable during
the normal course of a flight or, if applicable, describing measures
that would prevent transmission during the flight (Sec.  382.21(c));
    (3) Delay the passenger's transportation (for example, require the
passenger to take a later flight); or
    (4) Refuse to provide transportation to that person.
    You must choose the least restrictive of the four options described
above that would accomplish the objective. (Sec.  382.19(c)(2)).
    Medical Certificate Requirements--Direct Threat Determined
    See Section G, Medical Certificates, Medical Certificate and a
Passenger with a Communicable Disease or Infection.
Postponed Travel
    If you deem a passenger as presenting a direct threat and determine
he or she cannot travel as scheduled, you must allow the passenger to
travel at a time up to 90 days from the date of the postponed travel at