U.S. Department of Transportation 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel ß 382.37 Seat assignments. (a) Carriers shall not exclude any qualified individual with a disability from any seat in an exit row or other location or require that a qualified individual with a disability sit in any particular seat, on the basis of disability, except in order to comply with the requirements of an FAA safety regulation or as provided in this section. (b) If a person's disability results in involuntary active behavior that would result in the person properly being refused transportation under ß 382.31, and the safety problem could be mitigated to a degree that would permit the person to be transported consistent with safety if the person is seated in a particular location, the carrier shall offer the person that particular seat location as an alternative to being refused transportation. (c) If a service animal cannot be accommodated at the seat location of the qualified individual with a disability whom the animal is accompanying (see ß 382.55(a)(2)), the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can beaccommodated, as an alternative to requiring that the animal travel with checked baggage. ß 382.38 Seating accommodations. (a) On request of an individual who self- identifies to a carrier as having a disability specified in this paragraph, the carrier shall provide the following seating accommodations, subject to the provisions of this section: (1) For a passenger who uses an aisle chair to access the aircraft and who cannot readily transfer over a fixed aisle armrest, the carrier shall provide a seat in a row with a movable aisle armrest. (2) The carrier shall provide a seat next to a passenger traveling with a disability for a person assisting the individual in the following circumstances: (i) When an individual with a disability is traveling with a personal care attendant who will be performing a function for the individual during the flight that airline personnel are not required to perform (e.g., assistance with eating); (ii) When an individual with a vision impairment is traveling with a reader/assistant who will be performing functions for the individual during the flight; or (iii) When an individual with a hearing impairment is traveling with an interpreter who will be performing functions for the individual during the flight. (3) For an individual traveling with a service animal, the carrier shall provide, as the individual requests, either a bulkhead seat or a seat other than a bulkhead seat. (4) For a person with a fused or immobilized leg, the carrier shall provide a bulkhead seat or other seat that provides greater legroom than other seats, on the side of an aisle that better accommodates the individuals disability. (b) A carrier that provides advance seat assignments shall comply with the requirements of paragraph (a) of this section by any of the following methods: (1) The carrier may ìblockî an adequate number of the seats used to provide the seating accommodations required by this section. (i) The carrier shall not assign these seats to passengers not needing seating accommodations provided under this paragraph until 24 hours before the scheduled departure of the flight. (ii) At any time up until 24 hours before the scheduled departure of the flight, the carrier shall assign a seat meeting the requirements of this section to an individual who requests it. (iii) If an individual with a disability does not make a request at least 24 hours before the scheduled departure of the flight, the carrier shall meet the individual's request to the extent practicable, but is not required to reassign a seat assigned to another passenger in order to do so. (2) The carrier may designate an adequate number of the seats used to provide seating accommodations required by this section as ìpriority seatsî for individuals with disabilities. (i) The carrier shall provide notice that all passengers assigned these seats (other than passengers with disabilities listed in paragraph (a) of this section) are subject to being reassigned to another seat if necessary to provide a seating accommodation required by this section. The carrier may provide this notice through its computer reservation system, verbal information provided by reservation personnel, ticket notices, gate announcements, counter signs, seat cards o notices, frequent-flier literature, or other appropriate means. (ii) The carrier shall assign aseat meeting the requirements of this section to an individual who requests the accommodation and checks in at least one hour before the scheduled departure of the flight. If all designated priority seats that would accommodate the individual have been assigned to other passengers, the carrier shall reassign the seats of the other passengers as needed to provide the requested accommodation. (iii) If the individual with a disability does not check in at least an hour before the scheduled departure of the flight, the carrier shall meet the individualís request to the extent practicable, but is not required to reassign a seat assigned to another passenger in order to do so. (c) On request of an individual who self- identifies to a carrier as having a disability other than one in the four categories listed in paragraph (a) of this section and as needing a seat assignment accommodation in order to readily access and use the carrierís air transportation services, a carrier that assigns seats in advance shall provide such an accommodation, as described in this paragraph. (1) A carrier that complies with paragraph (a) of this section through the ìseat-blockingî mechanism of paragraph (b)(1) of this section shall implement the requirements of this paragraph as follows: (i) When the passenger with a disability not described in paragraph (a) of this section makes a reservation more than 24 hours before the scheduled departure time of the flight, the carrier is not required to offer the passenger one of the seats blocked for the use of passengers with disabilities listed under paragraph (a) of this section. (ii) However, the carrier shall assign to the passenger any seat, not already assigned to another passenger, that accommodates the passenger's needs, even if that seat is not available for assignment to the general passenger population at the time of the request. (2) A carrier that complies with this section through the ìdesignated priority seatsî mechanism of paragraph (b)(2) of this section shall implement the requirements of this paragraph as follows: (i) When a passenger with a disability not described in paragraph (a) of this section makes a reservation, the carrier shall assign to the passenger any seat, not already assigned to another passenger, that accommodates the passenger's needs, even if that seat is not available for assignment to the general passenger population at the time of the request. (ii) If such a passenger is assigned to a designated priority seat, he or she is subject to being reassigned to another seat as provided in paragraph (b)(2) of this section. (d) A carrier that does not provide advance seat assignments shall provide seating accommodations for persons described in paragraphs (a) and (c) of this section by allowing them to board the aircraft before other passengers, including other ìpre- boardedî passengers, so that the individuals needing seating accommodations can select seats that best meet their needs if they have taken advantage of the opportunity to pre- board. (e) A carrier may comply with the requirements of this section through an alternative method not specified in paragraphs (b) through (d) of this section. A carrier wishing to do so shall obtain the written concurrence of the Department of Transportation (Office of the Secretary) before implementing the alternative method. (f) The carrier shall assign a seat providing an accommodation requested by an individual with a disability, as specified in this section, even if the seat is not otherwise available for assignment to the general passenger population at the time of the individualís request. (g) If the carrier has already provided a seat to an individual with a disability to furnish an accommodation required by paragraph (a) or (c) of this section, the carrier shall not reassign that individual to another seat in response to a subsequent request from another individual with a disability, without the first individualís consent. (h) In no case shall any individual be denied transportation on a flight in order to provide accommodations required by this section. (i) Carriers are not required to furnish more than one seat per ticket or to provide a seat in a class of service other than the one the passenger has purchased. (j) In responding to requests from individuals for accommodations required by this section, carriers shall comply with FAA safety rules, including those pertaining to exit seating (see 14 CFR 121.585 and 135.129). (k) Carriers are required to comply with this section beginning September 30, 1998. ß 382.39 Provision of services and equipment. Carriers shall ensure that qualified individuals with a disability are provided the following services and equipment: (a) Carriers shall provide assistance requested by or on behalf of qualified individuals with a disability, or offered by air carrier personnel and accepted by qualified individuals with a disability, in enplaning and deplaning. The delivering carrier shall be responsible for assistance in making flight connections and transportation between gates. (1) This assistance shall include, as needed, the services personnel and the use of ground wheelchairs, boarding wheelchairs, on-board wheelchairs where provided in accordance with this part, and ramps or mechanical lifts. (2) Boarding shall be by level-entry loading bridges or accessible passenger lounges, where these means are available. Where these means are unavailable, assistance in boarding aircraft with 30 or fewer passenger seats shall be provided as set forth in Sec. 382.40, and assistance in boarding aircraft with 31 or more seats shall be provided as set forth in Sec. ß 382.55 Miscellaneous provisions. (a) Carriers shall permit dogs and other service animals used by persons with a disability to accompany the persons on a flight. (1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags, or the credible verbal assurances of the qualified individual with a disability using the animal. (2) Carriers shall permit a service animal to accompany a qualified individual with a disability in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation. (3) In the event that special information concerning the transportation of animals outside the continental United States is either required to be or is provided by the carrier, the information shall be provided to all passengers traveling with animals outside the continental United States with the carrier, including those traveling with service animals. (b) Carriers shall not require qualified individuals with a disability to sit on blankets. (c) Carriers shall not restrict the movements of persons with a disability in terminals or require them to remain in a holding area or other location in order to be provided transportation, to receive assistance, or for other purposes, or otherwise mandate separate treatment for persons with a disability, except as permitted or required in this part. Page 12 11 ß 382.57 Charges for accommodations prohibited. Carriers shall not impose charges for providing facilities, equipment, or services that are required by this part to be provided to qualified individuals with a disability. ßß 382.59 [Reserved] SUBPART D -- ADMINISTRATIVE PROVISIONS ß 382.61 Training. (a) Each carrier which operates aircraft with more than 19 passenger seats shall provide training, meeting the requirements of this paragraph, for all its personnel who deal with the traveling public, as appropriate to the duties of each employee. (1) The carrier shall ensure training to proficiency concerning: >(i) The requirements of this part and other DOT or FAA regulations affecting the provision of air travel to persons with a disability; and (ii) The carrierís procedures, consistent with this part, concerning the provision of air travel to persons with a disability, including the proper and safe operation of any equipment used to accommodate passengers with a disability. (2) The carrier shall also train such employees with respect to awareness and appropriate responses to persons with a disability, including persons with physical, sensory, mental, and emotional disabilities, including how to distinguish among the differing abilities of individuals with a disability. (3) The carrier shall consult with organizations representing persons with disabilities in developing its training program and the policies and procedures concerning which carrier personnel are trained. (4) The carrier shall ensure that personnel required to receive training shall complete the training by the following times: (i) For crewmembers subject to training required under 14 CFR part 121 or 135, who are employed on the date the carrierís program is established under ß 382.63, as part of their next scheduled recurrent training; (ii) For other personnel employed on the date the carrierís program is established under ß 382.63, within 180 days of that date; (iii) For crewmembers subject to training requirements under 14 CFR part 121 or 135 whose employment in any given position commences after the date the carrierís program is established under ß 382.63, before they assume their duties; and (iv) For other personnel whose employment in any given position commences after the date the carrierís program is established under ß 382.63, within 60 days of the date on which they assume their duties. (5) Each carrier shall ensure that all personnel required to receive training receive refresher training on the matters covered by this section, as appropriate to the duties of each employee, as needed to maintain proficiency. (6) Each carrier shall provide, or require its contractors to provide, training to the contractors employees concerning travel by persons with a disability. This training is required only for those contractor employees who deal directly with the traveling public at airports, and it shall be tailored to the employees functions. Training for contractor employees shall meet the requirements of paragraphs (a)(1) through (a)(5) of this section. (7) Current employees of each carrier designated as complaints resolution officials, for purposes of ß 382.65 of this part, shall receive training concerning the requirements of this part and the duties of a complaints resolution official within 60 days of the effective date of this part (i.e., by June 4, 1990). Employees subsequently designated as complaints resolution officers shall receive this training before assuming their duties under ß 382.65. All employees performing the complaints resolution official function shall receive annual refresher training concerning their duties and the provisions of this regulation. (b) Each carrier operating only aircraft with 19 or fewer passenger seats shall provide training for flight crewmembers and appropriate personnel to ensure that they are familiar with the matters listed in paragraphs (a)(1) and (a)(2) of this section and comply with the requirements of this part. ß 382.63 Carrier programs. (a)(1) Each carrier that operates aircraft with more than 19 passenger seats shall establish and implement, within 180 days of the effective date of this part (i.e., by October 2, 1990), a written program for carrying out the requirements of this part. (2) Carriers are not excused from compliance with the provisions of this part during the 180 days before carrier programs are required to be established. (b) The program shall include the following elements: (1) The carrierís schedule for training its personnel in compliance with ß 382.61; (2) The carrierís policies and procedures for accommodating passengers with a disability consistent with the requirements of this part. (c)(1) Major and National carriers (as defined in the DOT publication Air Carrier Traffic Statistics), and every U.S. carrier that shares the designator code of a Major or National carrier (as described in 14 CFR Part 382.

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