[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR382.38]

[Page 420-422]
 
                     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 C--Requirements for Services
 
Sec. 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 
individual's 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 ``block'' 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

[[Page 421]]

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 ``priority 
seats'' 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 or notices, 
frequent-flier literature, or other appropriate means.
    (ii) The carrier shall assign a seat 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 individual's 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 carrier's 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) this section through 
the ``seat-blocking'' 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 
``designated priority seats'' 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 ``pre-boarded'' 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

[[Page 422]]

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 individual's 
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 individual's 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.

[Doc. No. OST-96-1880, 63 FR 10535, Mar. 4, 1998; 63 FR 11954, Mar. 11, 
1998]