U.S. Department of Transportation 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel

 
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14 CFR Part 382
Nondiscrimination on the Basis
of Disability in Air Travel

Includes amendments issued through July 2003 (e.g., includes the
amendment on reporting of disability-related consumer complaints)
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                              TITLE 14 -- AERONAUTICS AND SPACE
                             CHAPTER II -- OFFICE OF THE SECRETARY
                               DEPARTMENT OF TRANSPORTATION

                                               PART 382

             NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL

Subpart A—General Provisions
382.1 Purpose.
383.3 Applicability.
382.5 Definitions.
382.7 General prohibition of discrimination.
382.9 Assurances from contractors.

Subpart B—Requirements Concerning Facilities
382.21 Aircraft accessibility.
382.23 Airport facilities.

Subpart C—Requirements for Services
382.31 Refusal of transportation.
382.33 Advance notice requirements.
382.35 Attendants.
382.37 Seat assignments.
382.38 Seating accommodations.
382.39 Provision of services and equipment.
382.40 Boarding assistance for small aircraft.
382.40a Boarding assistance for large aircraft
382.41 Stowage of personal equipment.
382.43 Treatment of mobility aids and assistive devices.
382.45 Passenger information.
382.47 Accommodations for persons with hearing impairments.
382.49 Security screening of passengers.
382.51 Communicable diseases.
382.53 Medical certificates.
382.55 Miscellaneous provisions.
382.57 Charges for accommodations prohibited.

Subpart D—Administrative Provisions
382.61 Training.
382.63 Carrier programs.                         AUTHORITY: 49 U.S.C. 41702, 47105, and 41712.
382.65 Compliance procedures.                    SOURCE: 55 FR 8046, Mar. 6, 1990 and amendments.
382.70 Disability-related complaints received by carriers.
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SUBPART A -- GENERAL PROVISIONS                    materials packaging, for carriers which, as of      and hearing impairments; cerebral palsy,
                                                   March 6, 1990, had a policy of carrying no          epilepsy, muscular dystrophy, multiple
§ 382.1 Purpose.                                   hazardous materials.                                sclerosis, cancer, heart disease, diabetes,
                                                                                                       mental retardation, emotional illness, drug
   The purpose of this part is to implement the    § 382.5 Definitions.                                addiction, and alcoholism.
Air Carrier Access Act of 1986 (49 U.S.C.                                                                 (b) Major life activities means functions
41705), which provides that no air carrier           As used in this Part --                           such as caring for one’s self, performing
may discriminate against any otherwise                                                                 manual tasks, walking, seeing, hearing,
qualified individual with a disability, by            Air Carrier or carrier means any citizen of      speaking, breathing, learning, and working.
reason of such disability, in the provision of     the United States who undertakes, whether              (c) Has a record of such impairment means
air transportation.                                directly or indirectly or by a lease or any         has a history of, or has been classified, or
                                                   other arrangement, to engage in air                 misclassified, as having a mental or physical
§ 382.3 Applicability.                             transportation.                                     impairment that substantially limits one or
                                                                                                       more major life activities.
   (a) Except as provided in this section, this       Air carrier airport means a public,                 (d) Is regarded as having an impairment
part applies to all air carriers providing air     commercial service airport which enplanes           means:
transportation.                                    annually 2,500 or more passengers and                  (1) Has a physical or mental impairment
                                                   receives scheduled air service.                     that does not substantially limit major life
  (b) Sections 382.21-382.63 do not apply to                                                           activities but that is treated by an air carrier as
indirect air carriers.                                Air transportation means interstate,             constituting such a limitation;
                                                   overseas, or foreign air transportation, or the        (2) Has a physical or mental impairment
   (c) Except for § 382.70, this part does not     transportation of mail by aircraft, as defined      that substantially limits a major life activity
apply to foreign air carriers or to airport        in the Federal Aviation Act.                        only as a result of the attitudes of others
facilities outside the United States, its                                                              toward such an impairment; or
territories, possessions, and                        Department or DOT means the United                   (3) Has none of the impairments set forth in
commonwealths.                                     States Department of Transportation.                this definition but is treated by an air carrier
                                                                                                       as having such an impairment.
  (d) Nothing in this part shall authorize or         FAA means the Federal Aviation
require a carrier to fail to comply with any       Administration, an operating administration            Indirect air carrier means a person not
applicable FAA safety regulation.                  of the Department.                                  directly involved in the operation of an
                                                                                                       aircraft who sells air transportation services to
  (e) The compliance date for the following           Facility means all or any portion of aircraft,   the general public other than as an authorized
provisions of this part is June 4, 1990:           buildings, structures, equipment, roads, walks,     agent of an air carrier.
                                                   parking lots, and any other real or personal
§ 382.7 (b)                                        property, normally used by passengers or               Qualified individual with a disability means
§ 382.21(c)                                        prospective passengers visiting or using the        a individual with a disability who --
§ 382.31(e)                                        airport, to the extent the carrier exercises           (a) With respect to accompanying or
§ 382.33(f)                                        control over the selection, design,                 meeting a traveler, use of ground
§ 382.35 (d), (e)                                  construction, or alteration of the property.        transportation, using terminal facilities, or
§ 382.37 (b), (c)                                                                                      obtaining information about schedules, fares
§ 382.39 (a) (second sentence of introductory         Individual with a disability means any           or policies, takes those actions necessary to
language); (a)(1) and (a)(2), with respect to      individual who has a physical or mental             avail himself or herself of facilities or services
acquisition of equipment; (a)(3); (b)(3); (b)(4)   impairment that, on a permanent or temporary        offered by an air carrier to the general public,
§ 382.41 (d), (e)(2), (f)                          basis, substantially limits one or more major       with reasonable accommodations, as needed,
§ 382.45 (a), (c)                                  life activities, has a record of such an            provided by the carrier;
§ 382.47(a)                                        impairment, or is regarded as having such an           (b) With respect to obtaining a ticket for air
§ 382.49 (b), (c)                                  impairment. As used in this definition, the         transportation on an air carrier, offers, or
§ 382.65 (a), (b)(2).                              phrase:                                             makes a good faith attempt to offer, to
                                                      (a) Physical or mental impairment means:         purchase or otherwise validly to obtain such a
  (f) The compliance date for the following           (1) any physiological disorder or condition,     ticket;
provisions of this part is August 5, 1990:         cosmetic disfigurement, or anatomical loss             (c) With respect to obtaining air
                                                   affecting one or more of the following body         transportation, or other services or
§ 382.9                                            systems: neurological, musculoskeletal,             accommodations required by this part:
§ 382.23(e)                                        special sense organs, respiratory including            (1) Purchases or possesses a valid ticket for
§ 382.33(d)                                        speech organs, cardio-vascular, reproductive,       air transportation on an air carrier and
§ 382.51                                           digestive, genito-urinary, hemic and                presents himself or herself at the airport for
§ 382.53(c).                                       lymphatic, skin, and endocrine; or                  the purpose of traveling on the flight for
                                                      (2) any mental or psychological disorder,        which the ticket has been purchased or
  (g) The compliance date for the following        such as mental retardation, organic brain           obtained; and
provisions for this part is October 5, 1990:       syndrome, emotional or mental illness, and             (2) Meets reasonable, nondiscriminatory
                                                   specific learning disabilities.                     contract of carriage requirements applicable
§ 382.35 (b)(2), (b)(3)                               The term physical or mental impairment           to all passengers;
§ 382.41(g), with respect to the acceptance        includes, but is not limited to, such diseases
and stowage of batteries requiring hazardous       and conditions as orthopedic, visual, speech,
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  Scheduled air service means any flight               (a) Nondiscrimination on the basis of              (4)(i) Aircraft with more than 60 passenger
scheduled in the current edition of the Official    disability, consistent with this part, by such     seats having an accessible lavatory, whether
Airline Guide, the carrier’s published              contractors in activities performed on behalf      or not required to have such a lavatory by
schedule, or the computer reservation system        of the carriers; and                               paragraph (a)(3) of this section, shall be
used by the carrier.                                                                                   equipped with an operable on-board
                                                       (b) That contractor employers will comply       wheelchair for the use of passengers.
§ 382.7 General prohibition of                      with directives issued by carrier complaints
discrimination.                                     resolution officials (CROs) under § 382.65.           (ii) The carrier shall ensure that an operable
                                                                                                       on-board wheelchair is provided for a flight
  (a) A carrier shall not, directly or through      §§ 382.11--382.19 [Reserved]                       using an aircraft with more than 60 passenger
contractual, licensing, or other arrangements:                                                         seats on the request (with advance notice as
                                                                                                       provided in § 382.33(b)(8)) of a qualified
   (1) Discriminate against any otherwise           SUBPART B -- REQUIREMENTS                          individual with a disability who represents to
qualified individual with a disability, by          CONCERNING FACILITIES                              the carrier that he or she is able to use an
reason of such disability, in the provision of                                                         inaccessible lavatory but is unable to reach
air transportation;                                 § 382.21 Aircraft accessibility.                   the lavatory from a seat without the use of an
                                                                                                       on-board wheelchair. 1
   (2) Require a person with a disability to           (a) The following requirements apply to
accept special services (including, but not         new aircraft operated under 14 CFR part 121           (iii) On-board wheelchairs shall include
limited to, preboarding) not requested by the       and ordered by the carrier after April 5, 1990     footrests, armrests which are movable or
passenger;                                          or delivered to the carrier after April 5, 1992:   removable, adequate occupant restraint
                                                                                                       systems, a backrest height that permits
   (3) Exclude a qualified individual with a           (1)(i) Aircraft with 30 or more passenger       assistance to passengers in transferring,
disability from or deny the person the benefit      seats on which passenger aisle seats have          structurally sound handles for maneuvering
of any air transportation or related services       armrests shall have movable aisle armrests on      the occupied chair, and wheel locks or
that are available to other persons, even if        at least one-half of passenger aisle seats.        another adequate means to prevent chair
there are separate or different services                                                               movement during transfer or turbulence. The
available for persons with a disability except        (ii) Such armrests are not required to be        chair shall be designed to be compatible with
when specifically permitted by another              provided on aisle seats on which a movable         the maneuvering space, aisle width, and seat
section of this part; or,                           armrest is not feasible or aisle seats which a     height of the aircraft on which it is to be used,
                                                    passenger with a mobility impairment is            and to be easily pushed, pulled, and turned in
   (4) Take any action adverse to an                precluded from using by an FAA safety rule.        the cabin environment by carrier personnel.
individual because of the individual’s
assertion, on his or her own behalf or through         (iii) For aircraft equipped with movable           (b)(1) Except as provided in paragraph
or behalf of others, of rights protected by this    aisle armrests as required by this paragraph,      (b)(2) of this section, aircraft in service on the
part or the Air Carrier Access Act.                 carriers shall configure cabins, or establish      effective date of this part (April 5, 1990) shall
                                                    administrative systems, to ensure that             not be required to be retrofitted for the sole
   (b) If an indirect air carrier provides          individuals with mobility impairments or           purpose of enhancing accessibility.
facilities or services for passengers that are      other persons with disabilities can readily
covered for other carriers by sections 382.21-      obtain seating in rows with movable aisle             (2) No later than April 5, 1992, each carrier
382.55, the indirect air carrier shall do so in a   armrests.                                          shall comply with the provisions of paragraph
manner consistent with those sections.                                                                 (a)(4) of this section with respect to all
                                                      (2) Aircraft with 100 or more passenger          aircraft with more than 60 passenger seats
   (c) Carriers shall, in addition to meeting the   seats shall have a priority space in the cabin     operated under 14 CFR part 121.
other requirements of this part, modify             designated for stowage of at least one folding
policies, practices, or facilities as needed to     wheelchair;                                           (c) Whenever an aircraft operated under
ensure nondiscrimination, consistent with the                                                          14 CFR part 121 which does not have the
standards of section 504 of the Rehabilitation         (3) Aircraft with more than one aisle in        accessibility features set forth in paragraph (a)
Act, as amended. Carriers are not required to       which lavatories are provided shall include at     of this section undergoes replacement of cabin
make modifications that would constitute an         least one accessible lavatory. This lavatory       interior elements or lavatories, or the
undue burden or would fundamentally alter           shall permit a qualified individual with a         replacement of existing seats with newly
their program.                                      disability to enter, maneuver within as            manufactured seats, the carrier shall meet the
                                                    necessary to use all lavatory facilities, and      requirements of paragraph (a) of this section
§ 382.9 Assurances from contractors.                leave, by means of the aircraft’s on-board         with respect to the affected feature(s) of the
                                                    wheelchair. The accessible lavatory shall          aircraft.
   Carriers’ contracts with contractors who         afford privacy to persons using the on-board
provide services to passengers, including           wheelchair equivalent to that afforded
carriers’ agreements of appointment with            ambulatory users. The lavatory shall provide
travel agents (excluding travel agents who are      door locks, accessible call buttons, grab bars,
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not U.S. citizens who provide services to air       faucets and other controls, and dispensers           The Aerospatiale/Aeritalia ATR-72 and the British
carriers outside the United States, its             usable by qualified individuals with a             Aerospace Advanced Turboprop (ATP), in
territories and commonwealths), shall include       disability, including wheelchair users and         configurations having between 60 and 70 passenger
                                                                                                       seats, are exempt from this requirement. See 57 FR
a clause assuring:                                  persons with manual impairments;
                                                                                                       12872, April 14, 1992.
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   (d) Aircraft operated under 14 CFR part          of accessible facilities and services to
121 with fewer than 30 passenger seats (with        individuals with disabilities as required by         § 382.33 Advance notice requirements.
respect to the requirements of paragraph            this part for carriers and applicable section
(a)(1) of this section), fewer than 100             504 and ADA rules of the Department of                  (a) Except as provided in paragraph (b) of
passenger seats (with respect to the                Transportation and Department of Justice for         this section, a carrier shall not require a
requirements of paragraph (a)(2) of this            airport operators.                                   qualified individual with a disability to
section) or 60 or fewer passenger seats (with                                                            provide advance notice of his or her intention
respect to the requirements of paragraph            [Amdt. 6, 61 FR 56423, Nov. 1, 1996]                 to travel or of his or her disability as a
(a)(4) of this section), and aircraft operated                                                           condition of receiving transportation or of
under 14 CFR part 135, shall comply with the        §§ 382.25--382.29 [Reserved]                         receiving services or accommodations
requirements of this section to the extent not                                                           required by this part.
inconsistent with structural, weight and
balance, operational and interior configuration     SUBPART C -- REQUIREMENTS                               (b) A carrier may require up to 48 hours
limitations.                                        CONCERNING SERVICES                                  advance notice and one-hour advance check-
                                                                                                         in concerning a qualified individual with a
   (e) Any replacement or refurbishing of the       § 382.31 Refusal of transportation.                  disability who wishes to receive any of the
aircraft cabin shall not reduce existing                                                                 following services, types of equipment, or
accessibility to a level below that specified in       (a) Unless specifically permitted by a            accommodations:
this part.                                          provision of this part, a carrier shall not refuse
                                                    to provide transportation to a qualified                (1) Medical oxygen for use on board the
  (f) Carriers shall maintain aircraft              individual with a disability on the basis of his     aircraft, if this service is available on the
accessibility features in proper working order.     or her disability.                                   flight;

§ 382.23 Airport facilities.                           (b) A carrier shall not refuse to provide            (2) Carriage of an incubator, if this service
                                                    transportation to a qualified individual with a      is available on the flight;
   (a) This section applies to all terminal         disability solely because the person’s
facilities and services owned, leased, or           disability results in appearance or involuntary         (3) Hook-up for a respirator to the aircraft
operated on any basis by an air carrier at a        behavior that may offend, annoy, or                  electrical power supply, if this service is
commercial service airport, including parking       inconvenience crewmembers or other                   available on the flight;
and ground transportation facilities.               passengers.
                                                                                                           (4) Accommodation for a passenger who
   (b) Air carriers shall ensure that the              (c) A carrier shall not refuse to provide         must travel in a stretcher, if this service is
terminal facilities and services subject to this    transportation to qualified individuals with a       available on the flight;
section shall be readily accessible to and          disability by limiting the number of such
usable by individuals with disabilities,            persons who are permitted to travel on a given         (5) Transportation for an electric
including individuals who use wheelchairs.          flight.                                              wheelchair on a flight scheduled to be made
Air carriers shall be deemed to comply with                                                              with an aircraft with fewer than 60 seats;
this Air Carrier Access Act obligation if they         (d) Carrier personnel, as authorized by
meet requirements applying to places of             49 U.S.C. 44902, 14 CFR 91.8, or 14 CFR                (6) Provision by the carrier of hazardous
public accommodation under Department of            121.533, may refuse to provide transportation        materials packaging for a battery for a
Justice (DOJ) regulations implementing Title        to any passenger on the basis of safety, and         wheelchair or other assistive device;
III of the Americans with Disabilities Act          may refuse to provide transportation to any
(ADA).                                              passenger whose carriage would violate the             (7) Accommodation for a group of ten or
                                                    Federal Aviation Regulations. In exercising          more qualified individuals with a disability,
   (c) The carrier shall ensure that there is an    this authority, carrier personnel shall not          who make reservations and travel as a group;
accessible path between the gate and the area       discriminate against any qualified individual        and
from which aircraft are boarded.                    with a disability on the basis of disability and
                                                    their actions shall not be inconsistent with the        (8) Provision of an on-board wheelchair on
   (d) Systems of inter-terminal                    provisions of this Part. In the event that such      an aircraft that does not have an accessible
transportation, including, but not limited to,      action is inconsistent with the provisions of        lavatory.
shuttle vehicles and people movers, shall           this Part, the carrier shall be subject to
comply with applicable requirements of the          remedies provided under § 382.65.                      (c) If a passenger does not meet advance
Department of Transportation’s ADA rule.                                                                 notice or check-in requirements established
                                                       (e) When a carrier refuses to provide             by a carrier consistent with this section, the
   (e) The Americans with Disabilities Act          transportation to any person on a basis              carrier shall nonetheless provide the service,
Accessibility Guidelines (ADAAGs),                  relating to the individual’s disability, the         equipment, or accommodation if it can do so
including section 10.4 concerning airport           carrier shall specify in writing to the person       by making a reasonable effort, without
facilities, shall be the standard for               the basis for the refusal, including, where          delaying the flight.
accessibility under this section.                   applicable, the reasonable and specific basis
                                                    for the carrier’s opinion that transporting the         (d) Carriers’ reservation and other
   (f) Contracts or leases between carriers and     person would or might be inimical to the             administrative systems shall ensure that when
airport operators concerning the use of airport     safety of the flight. This written explanation       advance notice is provided by qualified
facilities shall set forth the respective           shall be provided within 10 calendar days of         individuals with a disability as provided by
responsibilities of the parties for the provision   the refusal of transportation.                       this section, the notice is recorded and
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properly transmitted to operating employees          briefing required by 14 CFR 121.571(a)(3)           accommodations, subject to the provisions of
responsible for providing the accommodation          and (a)(4) or 14 CFR 135.117(b).                    this section:
concerning which notice was provided.
                                                        (c) If the carrier determines that a person         (1) For a passenger who uses an aisle chair
   (e) If the qualified individual with a            meeting the criteria of paragraph (b)(2), (b)(3)    to access the aircraft and who cannot readily
disability provides the notice required by the       or (b)(4) of this section must travel with an       transfer over a fixed aisle armrest, the carrier
carrier for a service under paragraph (b) of         attendant, contrary to the individual’s self-       shall provide a seat in a row with a movable
this section, the carrier shall ensure that the      assessment that he or she is capable of             aisle armrest.
requested service is provided.                       traveling independently, the carrier shall not
                                                     charge for the transportation of the attendant.        (2) The carrier shall provide a seat next to a
   (f) If a qualified individual with a disability                                                       passenger traveling with a disability for a
provides advance notice to a carrier, and the           (d) If, because there is not a seat available    person assisting the individual in the
individual is forced to change to the flight of a    on a flight for an attendant whom the carrier       following circumstances:
different carrier because of the cancellation of     has determined to be necessary, a person with
the original flight or the substitution of           a disability who has a confirmed reservation           (i) When an individual with a disability is
inaccessible equipment, the first carrier shall,     is unable to travel on the flight, the person       traveling with a personal care attendant who
to the maximum extent feasible, provide              with a disability shall be eligible for denied      will be performing a function for the
assistance to the second carrier in providing        boarding compensation under 14 CFR part             individual during the flight that airline
the accommodation requested by the                   250.                                                personnel are not required to perform (e.g.,
individual from the first carrier.                                                                       assistance with eating);
                                                       (e) For purposes of determining whether a
§ 382.35 Attendants.                                 seat is available for an attendant, the attendant     (ii) When an individual with a vision
                                                     shall be deemed to have checked in at the           impairment is traveling with a reader/assistant
   (a) Except as provided in this section, a         same time as the person with a disability.          who will be performing functions for the
carrier shall not require that a qualified                                                               individual during the flight; or
individual with a disability travel with an          § 382.37 Seat assignments.
attendant as a condition of being provided air                                                             (iii) When an individual with a hearing
transportation. A concern on the part of                (a) Carriers shall not exclude any qualified     impairment is traveling with an interpreter
carrier personnel that a individual with a           individual with a disability from any seat in       who will be performing functions for the
disability may need to use inaccessible              an exit row or other location or require that a     individual during the flight.
lavatory facilities or may otherwise need            qualified individual with a disability sit in any
extensive special assistance for personal            particular seat, on the basis of disability,           (3) For an individual traveling with a
needs which carrier personnel are not                except in order to comply with the                  service animal, the carrier shall provide, as
obligated to provide is not a basis on which         requirements of an FAA safety regulation or         the individual requests, either a bulkhead seat
the carrier may require an attendant.                as provided in this section.                        or a seat other than a bulkhead seat.

    (b) A carrier may require that a qualified          (b) If a person’s disability results in             (4) For a person with a fused or
individual with a disability meeting any of the      involuntary active behavior that would result       immobilized leg, the carrier shall provide a
following criteria travel with an attendant as a     in the person properly being refused                bulkhead seat or other seat that provides
condition of being provided air transportation,      transportation under § 382.31, and the safety       greater legroom than other seats, on the side
if the carrier determines that an attendant is       problem could be mitigated to a degree that         of an aisle that better accommodates the
essential for safety:                                would permit the person to be transported           individual’s disability.
                                                     consistent with safety if the person is seated
   (1) A person traveling in a stretcher or          in a particular location, the carrier shall offer     (b) A carrier that provides advance seat
incubator. The attendant for such a person           the person that particular seat location as an      assignments shall comply with the
must be capable of attending to the                  alternative to being refused transportation.        requirements of paragraph (a) of this section
passenger’s in-flight medical needs;                                                                     by any of the following methods:
                                                        (c) If a service animal cannot be
   (2) A person who, because of a mental             accommodated at the seat location of the              (1) The carrier may “block” an adequate
disability, is unable to comprehend or respond       qualified individual with a disability whom         number of the seats used to provide the
appropriately to safety instructions from            the animal is accompanying (see                     seating accommodations required by this
carrier personnel, including the safety briefing     § 382.55(a)(2)), the carrier shall offer the        section.
required by 14 CFR 121.571 (a) (3) and (a)(4)        passenger the opportunity to move with the
or 14 CFR 135.117(b);                                animal to a seat location, if present on the          (i) The carrier shall not assign these seats to
                                                     aircraft, where the animal can be                   passengers not needing seating
   (3) A person with a mobility impairment so        accommodated, as an alternative to requiring        accommodations provided under this
severe that the person is unable to assist in his    that the animal travel with checked baggage.        paragraph until 24 hours before the scheduled
or her own evacuation of the aircraft;                                                                   departure of the flight.
                                                     § 382.38 Seating accommodations.
  (4) A person who has both severe hearing                                                                   (ii) At any time up until 24 hours before the
and severe vision impairments, if the person            (a) On request of an individual who self-        scheduled departure of the flight, the carrier
cannot establish some means of                       identifies to a carrier as having a disability      shall assign a seat meeting the requirements
communication with carrier personnel,                specified in this paragraph, the carrier shall      of this section to an individual who requests
adequate to permit transmission of the safety        provide the following seating                       it.
6

                                                    shall implement the requirements of this            with a disability, as specified in this section,
   (iii) If an individual with a disability does    paragraph as follows:                               even if the seat is not otherwise available for
not make a request at least 24 hours before the                                                         assignment to the general passenger
scheduled departure of the flight, the carrier         (i) When the passenger with a disability not     population at the time of the individual’s
shall meet the individual’s request to the          described in paragraph (a) of this section          request.
extent practicable, but is not required to          makes a reservation more than 24 hours
reassign a seat assigned to another passenger       before the scheduled departure time of the             (g) If the carrier has already provided a seat
in order to do so.                                  flight, the carrier is not required to offer the    to an individual with a disability to furnish an
                                                    passenger one of the seats blocked for the use      accommodation required by paragraph (a) or
   (2) The carrier may designate an adequate        of passengers with disabilities listed under        (c) of this section, the carrier shall not
number of the seats used to provide seating         paragraph (a) of this section.                      reassign that individual to another seat in
accommodations required by this section as                                                              response to a subsequent request from another
“priority seats” for individuals with                 (ii) However, the carrier shall assign to the     individual with a disability, without the first
disabilities.                                       passenger any seat, not already assigned to         individual’s consent.
                                                    another passenger, that accommodates the
   (i) The carrier shall provide notice that all    passenger’s needs, even if that seat is not           (h) In no case shall any individual be
passengers assigned these seats (other than         available for assignment to the general             denied transportation on a flight in order to
passengers with disabilities listed in              passenger population at the time of the             provide accommodations required by this
paragraph (a) of this section) are subject to       request.                                            section.
being reassigned to another seat if necessary
to provide a seating accommodation required            (2) A carrier that complies with this section       (i) Carriers are not required to furnish more
by this section. The carrier may provide this       through the “designated priority seats”             than one seat per ticket or to provide a seat in
notice through its computer reservation             mechanism of paragraph (b)(2) of this section       a class of service other than the one the
system, verbal information provided by              shall implement the requirements of this            passenger has purchased.
reservation personnel, ticket notices, gate         paragraph as follows:
announcements, counter signs, seat cards or                                                                (j) In responding to requests from
notices, frequent-flier literature, or other           (i) When a passenger with a disability not       individuals for accommodations required by
appropriate means.                                  described in paragraph (a) of this section          this section, carriers shall comply with FAA
                                                    makes a reservation, the carrier shall assign to    safety rules, including those pertaining to exit
   (ii) The carrier shall assign a seat meeting     the passenger any seat, not already assigned        seating (see 14 CFR 121.585 and 135.129).
the requirements of this section to an              to another passenger, that accommodates the
individual who requests the accommodation           passenger’s needs, even if that seat is not            (k) Carriers are required to comply with
and checks in at least one hour before the          available for assignment to the general             this section beginning September 30, 1998.
scheduled departure of the flight. If all           passenger population at the time of the
designated priority seats that would                request.                                            § 382.39 Provision of services and
accommodate the individual have been                                                                    equipment.
assigned to other passengers, the carrier shall        (ii) If such a passenger is assigned to a
reassign the seats of the other passengers as       designated priority seat, he or she is subject to      Carriers shall ensure that qualified
needed to provide the requested                     being reassigned to another seat as provided        individuals with a disability are provided the
accommodation.                                      in paragraph (b)(2) of this section.                following services and equipment:

   (iii) If the individual with a disability does      (d) A carrier that does not provide advance         (a) Carriers shall provide assistance
not check in at least an hour before the            seat assignments shall provide seating              requested by or on behalf of qualified
scheduled departure of the flight, the carrier      accommodations for persons described in             individuals with a disability, or offered by air
shall meet the individual’s request to the          paragraphs (a) and (c) of this section by           carrier personnel and accepted by qualified
extent practicable, but is not required to          allowing them to board the aircraft before          individuals with a disability, in enplaning and
reassign a seat assigned to another passenger       other passengers, including other “pre-             deplaning. The delivering carrier shall be
in order to do so.                                  boarded” passengers, so that the individuals        responsible for assistance in making flight
                                                    needing seating accommodations can select           connections and transportation between gates.
   (c) On request of an individual who self-        seats that best meet their needs if they have
identifies to a carrier as having a disability      taken advantage of the opportunity to pre-             (1) This assistance shall include, as needed,
other than one in the four categories listed in     board.                                              the services personnel and the use of ground
paragraph (a) of this section and as needing a                                                          wheelchairs, boarding wheelchairs, on-board
seat assignment accommodation in order to              (e) A carrier may comply with the                wheelchairs where provided in accordance
readily access and use the carrier’s air            requirements of this section through an             with this part, and ramps or mechanical lifts.
transportation services, a carrier that assigns     alternative method not specified in paragraphs
seats in advance shall provide such an              (b) through (d) of this section. A carrier             (2) Boarding shall be by level-entry loading
accommodation, as described in this                 wishing to do so shall obtain the written           bridges or accessible passenger lounges,
paragraph.                                          concurrence of the Department of                    where these means are available. Where these
                                                    Transportation (Office of the Secretary)            means are unavailable, assistance in boarding
   (1) A carrier that complies with paragraph       before implementing the alternative method.         aircraft with 30 or fewer passenger seats shall
(a) of this section through the “seat-blocking”                                                         be provided as set forth in Sec. 382.40, and
mechanism of paragraph (b)(1) of this section         (f) The carrier shall assign a seat providing     assistance in boarding aircraft with 31 or
                                                    an accommodation requested by an individual         more seats shall be provided as set forth in
7

Sec. 382.40a. In no case shall carrier             operations with aircraft having 19-30 seat          the Jetstream 31, and the Beech 1900 (C and
personnel hand-carry a passenger in order to       capacity at airports with 10,000 or more            D models);
provide boarding or deplaning assistance (i.e.,    annual enplanements.
directly pick up the passenger's body in the                                                              (iv) Access to any other 19-seat aircraft
arms of one or more carrier personnel to              (b) Carriers shall, in cooperation with the      model determined by the Department of
effect a change of level that the passenger        airports they serve, provide boarding               Transportation to be unsuitable for boarding
needs to enter or leave the aircraft). Hand-       assistance to individuals with disabilities         assistance by lift on the basis of a significant
carrying of passengers is permitted only for       using mechanical lifts, ramps, or other             risk of serious damage to the aircraft or the
emergency evacuations.                             suitable devices that do not require employees      presence of internal barriers that preclude
                                                   to lift or carry passengers up stairs.              passengers who use a boarding or aisle chair
   (3) Carriers shall not leave a passenger with                                                       to reach a non-exit row seat.
a disability unattended in a ground                   (c) (1) Each carrier shall negotiate in good
wheelchair, boarding wheelchair, or other          faith with the airport operator at each airport        (5) When boarding assistance is not
device, in which the passenger is not              concerning the acquisition and use of               required to be provided under paragraph
independently mobile, for more than 30             boarding assistance devices. The carrier(s)         (c)(4) of this section, or cannot be provided as
minutes.                                           and the airport operator shall, by no later than    required by paragraphs (b) and (c) of this
                                                   September 2, 1997, sign a written agreement         section for reasons beyond the control of the
   (b) Carriers shall provide services within      allocating responsibility for meeting the           parties to the agreement (e.g., because of
the aircraft cabin as requested by or on behalf    boarding assistance requirements of this            mechanical problems with a lift), boarding
of individuals with a disability, or when          section between or among the parties. The           assistance shall be provided by any available
offered by air carrier personnel and accepted      agreement shall be made available, on               means to which the passenger consents,
by individuals with a disability as follows:       request, to representatives of the Department       except hand-carrying as defined in
                                                   of Transportation.                                  § 382.39(a)(2) of this part.
   (1) Assistance in moving to and from seats,
as part of the enplaning and deplaning                (2) The agreement shall provide that all           (6) The agreement shall ensure that all lifts
processes;                                         actions necessary to ensure accessible              and other accessibility equipment are
                                                   boarding for passengers with disabilities are       maintained in proper working condition.
  (2) Assistance in preparation for eating,        completed as soon as practicable, but no later
such as opening packages and identifying           than December 2, 1998 at large and medium              (d)(1) The training of carrier personnel
food;                                              commercial service hub airports (those with         required by § 382.61 shall include, for those
                                                   1,200,000 or more annual enplanements);             personnel involved in providing boarding
   (3) If there is an on-board wheelchair on       December 2, 1999 for small commercial               assistance, training to proficiency in the use
the aircraft, assistance with the use of the on-   service hub airports (those with between            of the boarding assistance equipment used by
board wheelchair to enable the person to           250,000 and 1,199,999 annual enplanements);         the carrier and appropriate boarding
move to and from a lavatory;                       or December 4, 2000 for non-hub commercial          assistance procedures that safeguard the
                                                   service primary airports (those with between        safety and dignity of passengers.
   (4) Assistance to a semiambulatory person       10,000 and 249,999 annual enplanements).
in moving to and from the lavatory, not            All air carriers and airport operators involved        (2) Carriers who do not operate aircraft
involving lifting or carrying the person; or       are jointly responsible for the timely and          with more than a 19-seat capacity shall ensure
                                                   complete implementation of the agreement.           that those personnel involved in providing
  (5) Assistance in loading and retrieving                                                             boarding assistance are trained to proficiency
carry-on items, including mobility aids and           (3) Under the agreement, carriers may            in the use of the boarding assistance
other assistive devices stowed on board in         require that passengers wishing to receive          equipment used by the carrier and appropriate
accordance with § 382.41.                          boarding assistance requiring the use of a lift     boarding assistance procedures that safeguard
                                                   for a flight using a 19-30 seat aircraft check in   the safety and dignity of passengers.
   (c) Carriers are not required to provide        for the flight one hour before the scheduled
extensive special assistance to qualified          departure time for the flight. If the passenger     [Amdt. 6, 61 FR 56423, Nov. 1, 1996]
individuals with a disability. For purposes of     checks in after this time, the carrier shall
this section, extensive special assistance         nonetheless provide the boarding assistance         § 382.40a Boarding assistance for
includes the following activities:                 by lift if it can do so by making a reasonable      large aircraft.
                                                   effort, without delaying the flight.
  (1) Assistance in actual eating;                                                                       (a) Paragraphs (b) and (c) of this section
                                                      (4) Boarding assistance under the                apply to air carriers conducting passenger
   (2) Assistance within the restroom or           agreement is not required in the following          operations with aircraft having a seating
assistance at the passenger’s seat with            situations:                                         capacity of 31 or more passengers at airports
elimination functions;                                                                                 with 10,000 or more annual enplanements, in
                                                     (i) Access to aircraft with a capacity of         any situation where passengers are not
  (3) Provision of medical services.               fewer than 19 or more than 30 seats;                boarded by level-entry loading bridges or
                                                                                                       accessible passenger lounges.
§ 382.40 Boarding assistance for small               (ii) Access to float planes;
aircraft.                                                                                                 (b) Carriers shall, in cooperation with the
                                                     (iii) Access to the following 19-seat             airports they serve, provide boarding
  (a) Paragraphs (b) and (c) of this section       capacity aircraft models: the Fairchild Metro,      assistance to individuals with disabilities
apply to air carriers conducting passenger                                                             using mechanical lifts, ramps, or other
8

suitable devices that do not require employees                                                        to pre-board the aircraft may stow his or her
to lift or carry passengers up stairs.                (d) The training of carrier personnel           wheelchair in this area, with priority over the
                                                   required by Sec. 382.61 shall include, for         carry-on items brought onto the aircraft by
   (c) (1) Each carrier that does not provide      those personnel involved in providing              other passengers enplaning at the same
passenger boarding by level-entry loading          boarding assistance, training to proficiency in    airport. A individual with a disability who
bridges or accessible passenger lounges shall      the use of the boarding assistance equipment       does not take advantage of a carrier offer of
negotiate in good faith with the airport           used by the carrier and appropriate boarding       the opportunity to preboard may use the area
operator at each airport concerning the            assistance procedures that safeguard the           to stow his or her wheelchair on a first-come,
acquisition and use of boarding assistance         safety and dignity of passengers.                  first-served basis along with all other
devices. The carrier(s) and the airport                                                               passengers seeking to stow carry-on items in
operator shall, by no later than March 4, 2002,    § 382.41 Stowage of personal                       the area.
sign a written agreement allocating                equipment.
responsibility for meeting the boarding                                                                 (3) If an approved stowage area in the
assistance requirements of this section              (a) All stowage of qualified individuals         cabin is not available for a folding,
between or among the parties. The agreement        with a disability wheelchairs and other            collapsible, or break-down wheelchair, the
shall be made available, on request, to            equipment covered by this Part in aircraft         wheelchair shall be stowed in the cargo
representatives of the Department of               cabins shall be in accordance with 14 CFR          compartment.
Transportation.                                    121.589 and 14 CFR 121.285(c) or 14 CFR
                                                   135.87, as applicable.                                (f) When a folding, collapsible, or break-
   (2) The agreement shall provide that all                                                           down wheelchair cannot be stowed in the
actions necessary to ensure accessible                (b) Carriers shall permit qualified             passenger cabin as carry-on baggage, carriers
boarding for passengers with disabilities are      individuals with a disability using personal       shall provide for the checking and timely
completed as soon as practicable, but no later     ventilators/respirators to bring their             return of passengers’ wheelchairs and other
than December 4, 2002. All air carriers and        equipment, including non-spillable batteries       assistive devices as close as possible to the
airport operators involved are jointly             that meet the requirements of 49 CFR               door of the aircraft, so that passengers may
responsible for the timely and complete            173.159(d) and any applicable FAA safety           use their own equipment to the extent
implementation of the agreement.                   regulations, on board the aircraft and use it.     possible, except where this practice would be
                                                                                                      inconsistent with DOT regulations governing
   (3) Under the agreement, carriers may              (c) Carriers shall permit qualified             the transportation of hazardous materials.
require that passengers wishing to receive         individuals with a disability to stow canes and
boarding assistance requiring the use of a lift    other assistive devices on board the aircraft in      (1) At the request of the passenger, the
for a flight check in for the flight one hour      close proximity to their seats, consistent with    carrier may return wheelchairs or other
before the scheduled departure time for the        the requirements of FAA safety regulations         assistive devices to the passenger at the
flight. If the passenger checks in after this      for carry-on items.                                baggage claim area instead of at the door of
time, the carrier shall nonetheless provide the                                                       the aircraft.
boarding assistance by lift if it can do so by        (d) Carriers shall not, in implementing their
making a reasonable effort, without delaying       carry-on baggage policies, count toward a             (2) In order to achieve the timely return of
the flight.                                        limit on carry-on items any assistive device       wheelchairs, passengers’ wheelchairs and
                                                   brought into the cabin by a qualified              other assistive devices shall be among the first
   (4) Level-entry boarding assistance under       individual with a disability.                      items retrieved from the baggage
the agreement is not required with respect to                                                         compartment.
float planes or with respect to any widebody          (e) Carriers shall provide for on-board
aircraft determined by the Department of           stowage of passengers’ wheelchairs                    (3) Wheelchairs and other assistive devices
Transportation to be unsuitable for boarding       (including collapsible or break-down battery-      shall be stowed in the baggage compartment
assistance by lift, ramp, or other device on the   powered wheelchairs, subject to the                with priority over other cargo and baggage.
basis that no existing boarding assistance         provisions of paragraph (g)(5) of this section)    Where this priority results in passengers’
device on the market will accommodate the          as carry-on baggage as follows:                    baggage being unable to be carried on the
aircraft without a significant risk of serious                                                        flight, the carrier shall make its best efforts to
damage to the aircraft or injury to passengers        (1) Carriers shall permit the stowage of        ensure that the other baggage reaches the
or employees.                                      wheelchairs or components of wheelchairs in        passengers’ destination within four hours of
                                                   overhead compartments and under seats,             the scheduled arrival time of the flight.
   (5) When level-entry boarding assistance is     consistent with the requirements of FAA
not required to be provided under paragraph        safety regulations for carry-on items.                (g) Whenever baggage compartment size
(c)(4) of this section, or cannot be provided as                                                      and aircraft airworthiness considerations do
required by paragraphs (b) and (c) of this            (2) In an aircraft in which a closet or other   not prohibit doing so, carriers shall accept a
section (e.g., because of mechanical problems      approved stowage area is provided in the           passenger’s battery-powered wheelchair,
with a lift), boarding assistance shall be         cabin for passengers’ carry-on items, of a size    including the battery, as checked baggage,
provided by any available means to which the       that will accommodate a folding, collapsible,      consistent with the requirements of 49 CFR
passenger consents, except hand-carrying as        or break-down wheelchair, the carrier shall        175.10(a)(19) and (20) and the provisions of
defined in Sec. 382.39 (a)(2).                     designate priority stowage space, as described     paragraph (f) of this section.
                                                   below, for at least one folding, collapsible, or      (1) Carriers may require that qualified
  (6) The agreement shall ensure that all lifts    break-down wheelchair in that area. A              individuals with a disability wishing to have
and other accessibility equipment are              individual with a disability who takes             battery-powered wheelchairs transported on a
maintained in proper working condition.            advantage of a carrier offer of the opportunity    flight (including in the cabin) check in one
9

hour before the scheduled departure time of               (b) With respect to domestic transportation,       (3) Individual safety briefings for qualified
the flight. If such an individual checks in after      the baggage liability limits of 14 CFR part        individuals with a disability shall be
this time, the carrier shall nonetheless carry         254 do not apply to liability for loss, damage,    conducted as inconspicuously and discreetly
the wheelchair if it can do so by making a             or delay concerning wheelchairs or other           as possible;
reasonable effort, without delaying the flight.        assistive devices. The criterion for
   (2) If the battery on the individual’s              calculating the compensation for a lost,              (4) Carrier personnel shall not require any
wheelchair has been labeled by the                     damaged, or destroyed wheelchair or other          qualified individual with a disability to
manufacturer as non-spillable as provided in           assistive device shall be the original purchase    demonstrate that he or she has listened to,
49 CFR 173.159(d)(2), or if a battery-                 price of the device.                               read, or understood the information presented,
powered wheelchair with a spillable battery is                                                            except to the extent that carrier personnel
loaded, stored, secured and unloaded in an                (c) Carriers shall not require qualified        impose such a requirement on all passengers
upright position, the carrier shall not require        individuals with a disability to sign waivers of   with respect to the general safety briefing, and
the battery to be removed and separately               liability for damage to or loss of wheelchairs     shall not take any action adverse to a qualified
packaged. Notwithstanding this requirement,            or other assistive devices.                        individual with a disability on the basis that
carriers may remove and package separately                                                                the person has not “accepted” the briefing.
any battery that appears to be damaged or              § 382.45 Passenger information.
leaking.2.                                                                                                   (c) Each carrier shall ensure that qualified
   (3) When it is necessary to detach the                 (a) A carrier shall make available, on          individuals with a disability, including those
battery from the wheelchair, carriers shall,           request, the following information concerning      with vision or hearing impairments, have
upon request, provide packaging for the                facilities and services related to the provision   timely access to information the carrier
battery meeting the requirements of 49 CFR             of air transportation to qualified individuals     provides to other passengers in the terminal or
175.10(a)(19) and (20) and package the                 with a disability. This information shall          on the aircraft (to the extent that it does not
battery. Carriers may refuse to use packaging          pertain to the type of aircraft and, where         interfere with crewmembers’ safety duties as
materials or devices other than those they             feasible, the specific aircraft scheduled for a    set forth in FAA regulations) including, but
normally use for this purpose.                         specific flight:                                   not limited to, information concerning
   (4) Carriers shall not drain batteries.                                                                ticketing, flight delays, schedule changes,
   (5) At the request of a passenger, a carrier           (1) The location of seats, if any, with         connections, flight check-in, gate
shall stow a folding, break-down or                    movable armrests and any seats which the           assignments, and the checking and claiming
collapsible battery-powered wheelchair in the          carrier, consistent with this part, does not       of luggage; Provided, That persons who are
passenger cabin stowage area as provided in            make available to qualified individuals with a     unable to obtain such information from the
paragraph (e) of this section. If the wheelchair       disability;                                        audio or visual systems used by carriers in
can be stowed in the cabin without removing                                                               airports or on aircraft shall request the
the battery, the carrier shall not remove the             (2) Any limitations on the ability of the       information from carrier personnel. Carriers
battery. If the wheelchair cannot be stowed in         aircraft to accommodate qualified individuals      shall also provide information on aircraft
the cabin without removing the battery, the            with disabilities, including limitations on the    changes that will affect the travel of persons
carrier shall remove the battery and stow it in        availability of boarding assistance to the         with a disability.
the baggage compartment as provided in                 aircraft, with respect to the departure and
paragraph (g)(3) of this section. In this case,        destination points and any intermediate stops.        (d) Carriers shall have, at each airport they
the carrier shall permit the wheelchair, with          The carrier shall provide this information to      use, a copy of this part and shall make it
battery removed, to be stowed in the cabin.            any passenger who states that he or she uses a     available for review by persons with a
                                                       wheelchair for boarding, even if the passenger     disability on request.
   (h) Individuals with disabilities shall be          does not explicitly request the information.
permitted to provide written directions                                                                   [Amdt. 6, 61 FR 56423, Nov. 1, 1996]
concerning the disassembly and reassembly of              (3) Any limitations on the availability of
their wheelchairs.                                     storage facilities, in the cabin or in the cargo   § 382.47 Accommodations for persons
                                                       bay, for mobility aids or other equipment          with hearing impairments.
§ 382.43 Treatment of mobility aids and                commonly used by persons with a disability;
assistive devices.                                                                                           (a) Each carrier providing scheduled air
                                                          (4) Whether the aircraft has an accessible      service, or charter service under section 401
   (a) When wheelchairs or other assistive             lavatory.                                          of the Federal Aviation Act, and which makes
devices are disassembled by the carrier for                                                               available telephone reservation and
stowage, the carrier shall reassemble them               (b) The following provisions govern the          information service available to the public
and ensure their prompt return to the                  provision of individual safety briefings to        shall make available a telecommunications
individual with a disability. Wheelchairs and          qualified individuals with a disability:           device for the deaf (TDD) service to enable
other assistive devices shall be returned to the                                                          persons with hearing impairments to make
passenger in the condition received by the               (1) Individual safety briefings shall be         reservations and obtain information. The TDD
carrier.                                               conducted for any passenger where required         service shall be available during the same
                                                       by 14 CFR 121.571 (a)(3) and (a)(4) or             hours as the telephone service for the general
                                                       14 CFR 135.117(b);                                 public and the response time for answering
                                                                                                          calls shall be equivalent. Users of the TDD
                                                         (2) Carrier personnel may offer an               service shall not be subject to charges for a
2
 EDITORIAL NOTE: As stated in the preamble             individual briefing to any other passenger;        call that exceed those applicable to other users
discussion of this provision (63 FR 10534), carriers                                                      of the telephone information and reservation
may deny transportation for the battery if the                                                            service.
potential safety hazard is serious enough.
10

                                                    the carrier is not required to provide a private    passenger’s travel, the carrier shall permit the
   (b) In aircraft in which safety briefings are    screening.                                          passenger to travel at a later time (up to 90
presented to passengers on video screens, the                                                           days from the date of the postponed travel) at
carrier shall ensure that the video presentation    § 382.51 Communicable diseases.                     the fare that would have applied to the
is accessible to persons with hearing                                                                   passenger’s originally scheduled trip without
impairments.                                           (a) Except as provided in paragraph (b) of       penalty or at the passenger’s discretion,
                                                    this section, a carrier shall not take any of the   provide a refund for any unused flights,
   (1) Except as provided in paragraph (b)(2)       following actions, with respect to a person         including return flights.
of this section, the carrier shall implement this   who is otherwise a qualified individual with a
requirement by using open captioning or an          disability, on the basis that the individual has      (6) Upon the passenger’s request, the
inset for a sign language interpreter as part of    a communicable disease or infection:                carrier shall provide to the passenger a written
the video presentation.                                                                                 explanation of any action taken under this
                                                      (1) Refuse to provide transportation to the       paragraph within 10 days of the request.
   (2) A carrier may use an equivalent non-         person;
video alternative to this requirement only if                                                              (c) If a qualified individual with a disability
neither open captioning nor a sign language           (2) Require the person to provide a medical       with a communicable disease or infection of
interpreter inset could be placed in the video      certificate; or                                     the kind described in paragraph (b) of this
presentation without so interfering with it as                                                          section presents a medical certificate to the
to render it ineffective or would be large             (3) Impose on the person any condition,          carrier, as provided in § 382.53(c)(2), the
enough to be readable.                              restriction, or requirement not imposed on          carrier shall provide transportation to the
                                                    other passengers.                                   individual, unless it is not feasible for the
   (3) Carriers shall implement the                                                                     carrier to implement the conditions set forth
requirements of this section by substituting           (b)(1) The carrier may take the actions          in the medical certificate as necessary to
captioned video materials for uncaptioned           listed in paragraph (a) of this section with        prevent the transmission of the disease or
video materials as the uncaptioned materials        respect to an individual who has a                  infection to other persons in the normal
are replaced in the normal course of the            communicable disease or infection only if the       course of a flight.
carrier’s operations.                               individual’s condition poses a direct threat to
                                                    the health or safety of others.                     [Amdt. 6, 61 FR 56423, Nov. 1, 1996]
§ 382.49 Security screening of
passengers.                                            (2) For purposes of this section, a direct       § 382.53 Medical certificates.
                                                    threat means a significant risk to the health or
   (a) Qualified individuals with a disability      safety of others that cannot be eliminated by a        (a) Except as provided in this section, a
shall undergo security screening in the same        modification of policies, practices, or             carrier shall not require a person who is
manner, and be subject to the same security         procedures, or by the provision of auxiliary        otherwise a qualified person with a disability
requirements, as other passengers. Possession       aids or services.                                   to have a medical certificate as a condition for
by a qualified individual with a disability of                                                          being provided transportation.
an aid used for independent travel shall not           (3) In determining whether an individual
subject the person or the aid to special            poses a direct threat to the health or safety of       (b)(1) A carrier may require a medical
screening procedures if the person using the        others, a carrier must make an individualized       certificate for a qualified individual with a
aid clears the security system without              assessment, based on reasonable judgment            disability --
activating it. Provided, That this paragraph        that relies on current medical knowledge or
shall not prohibit security personnel from          on the best available objective evidence, to           (i) Who is traveling in a stretcher or
examining a mobility aid or assistive device        ascertain: the nature, duration, and severity of    incubator;
which, in their judgment, may conceal a             the risk; that the potential harm to the health
weapon or other prohibited item. Security           and safety of others will actually occur; and          (ii) Who needs medical oxygen during a
searches of qualified individuals with a            whether reasonable modifications of policies,       flight, as provided in 14 CFR 121.574; or
disability whose aids activate the security         practices, or procedures will mitigate the risk.
system shall be conducted in the same manner                                                               (iii) Whose medical condition is such that
as for other passengers. Private security              (4) In taking actions authorized under this      there is reasonable doubt that the individual
screenings shall not be required for qualified      paragraph, carriers shall select the alternative,   can complete the flight safely, without
individuals with a disability to a greater          consistent with the safety and health of other      requiring extraordinary medical assistance
extent, or for any different reason, than for       persons, that least restrictive from the point of   during the flight.
other passengers.                                   view of the passenger with the communicable
                                                    disease. For example, the carrier should not           (2) For purposes of this paragraph, a
   (b) Except as provided in paragraph (c) of       refuse to provide transportation to an              medical certificate is a written statement from
this section, if a qualified individual with a      individual if provision of a medical certificate    the passenger’s physician saying that the
disability requests a private screening in a        or reasonable modifications to practices,           passenger is capable of completing a flight
timely manner, the carrier shall provide it in      policies, or procedures will mitigate the risk      safely, without requiring extraordinary
time for the passenger to enplane.                  of communication of the disease to others to        medical assistance during the flight.
                                                    extent that would permit the individual to
  (c) If a carrier employs technology that can      travel.                                                (c)(1) If a qualified individual with a
conduct an appropriate screening of a                                                                   disability has a communicable disease or
passenger with a disability without                   (5) If an action authorized under this            infection of the kind described in § 382.51(b),
necessitating a physical search of the person,      paragraph results in the postponement of a          a carrier may require a medical certificate.
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