[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR382.65]

[Page 408-409]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 382--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL--Table of Contents
 
                  Subpart D--Administrative Provisions
 
Sec. 382.65  Compliance procedures.

    (a) Each carrier providing scheduled service shall establish and 
implement a complaint resolution mechanism, including designating one or 
more complaints resolution official(s) (CRO) to be available at each 
airport which the carrier serves.
    (1) The carrier shall make a CRO available to any person who 
complains of alleged violations of this part during all times the 
carrier is operating at the airport.
    (2) The carrier may make the CRO available via telephone, at no cost 
to the passenger, if the CRO is not present in person at the airport at 
the time of the complaint. If a telephone link to the CRO is used, TDD 
service shall be available so that persons with hearing impairments may 
readily communicate with the CRO.
    (3) Each CRO shall be thoroughly familiar with the requirements of 
this part and the carrier's procedures with respect to handicapped 
passengers.
    (4) Each CRO shall have the authority to make dispositive resolution 
of complaints on behalf of the carrier.
    (5) When a complaint is made to a CRO, the CRO shall promptly take 
dispositive action as follows:
    (i) If the complaint is made to a CRO before the action or proposed 
action of carrier personnel has resulted in a violation of a provision 
of this part, the CRO shall take or direct other carrier personnel to 
take action, as necessary, to ensure compliance with this part. 
Provided, That the CRO is not required to be given authority to 
countermand a decision of the pilot-in-command of an aircraft based on 
safety.
    (ii) If an alleged violation of a provision of this part has already 
occurred, and the CRO agrees that a violation has occurred, the CRO 
shall provide to the complainant a written statement setting forth a 
summary of the facts and what steps, if any, the carrier proposes to 
take in response to the violation.
    (iii) If the CRO determines that the carrier's action does not 
violate a provision of this part, the CRO shall provide to the 
complainant a written statement including a summary of the facts and the 
reasons, under this part, for the determination.
    (iv) The statements required to be provided in paragraph (a)(5) of 
this section shall inform the complainant of his or her right to pursue 
DOT enforcement action under this section. This statement shall be 
provided in person

[[Page 409]]

to the complainant at the airport if possible; otherwise, it shall be 
forwarded to the complainant within 10 calendar days of the complaint.
    (b) Each carrier shall establish a procedure for resolving written 
complaints alleging violation of the provisions of this part.
    (1) A carrier is not required to respond to a complaint postmarked 
more than 45 days after the date of the alleged violation.
    (2) A written complaint shall state whether the complainant has 
contacted a CRO in the matter, the name of the CRO and the date of the 
contact, if available, and include any written response received from 
the CRO.
    (3) The carrier shall make a dispositive written response to a 
written complaint alleging a violation of a provision of this part 
within 30 days of its receipt.
    (i) If the carrier agrees that a violation has occurred, the carrier 
shall provide to the complainant a written statement setting forth a 
summary of the facts and what steps, if any, the carrier proposes to 
take in response to the violation.
    (ii) If the carrier denies that a violation has occurred, the 
response shall include a summary of the facts and the carrier's reasons, 
under this part, for the determination.
    (iii) The statements required to be provided in paragraph (b)(3) of 
this section shall inform the complainant of his or her right to pursue 
DOT enforcement action under this section.
    (c) Any person believing that a carrier has violated any provision 
of this part may contact the following office for assistance: Department 
of Transportation, Office of Consumer Affairs, 400 7th Street, SW., 
Washington, DC 20590, (202) 366-2220.
    (d) Any person believing that a carrier has violated any provision 
of this part may file a formal complaint under the applicable procedures 
of 14 CFR part 302.