[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: 14CFR382.40a]

[Page 424]
 
                     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. 382.40a  Boarding assistance for large aircraft.

    (a) Paragraphs (b) and (c) of this section apply to air carriers 
conducting passenger operations with aircraft having a seating capacity 
of 31 or more passengers at airports with 10,000 or more annual 
enplanements, in any situation where passengers are not boarded by 
level-entry loading bridges or accessible passenger lounges.
    (b) Carriers shall, in cooperation with the airports they serve, 
provide boarding assistance to individuals with disabilities using 
mechanical lifts, ramps, or other suitable devices that do not require 
employees to lift or carry passengers up stairs.
    (c)(1) Each carrier that does not provide passenger boarding by 
level-entry loading bridges or accessible passenger lounges shall 
negotiate in good faith with the airport operator at each airport 
concerning the acquisition and use of boarding assistance devices. The 
carrier(s) and the airport operator shall, by no later than March 4, 
2002, sign a written agreement allocating responsibility for meeting the 
boarding assistance requirements of this section between or among the 
parties. The agreement shall be made available, on request, to 
representatives of the Department of Transportation.
    (2) The agreement shall provide that all actions necessary to ensure 
accessible boarding for passengers with disabilities are completed as 
soon as practicable, but no later than December 4, 2002. All air 
carriers and airport operators involved are jointly responsible for the 
timely and complete implementation of the agreement.
    (3) Under the agreement, carriers may require that passengers 
wishing to receive boarding assistance requiring the use of a lift for a 
flight check in for the flight one hour before the scheduled departure 
time for the flight. If the passenger checks in after this time, the 
carrier shall nonetheless provide the boarding assistance by lift if it 
can do so by making a reasonable effort, without delaying the flight.
    (4) Level-entry boarding assistance under the agreement is not 
required with respect to float planes or with respect to any widebody 
aircraft determined by the Department of Transportation to be unsuitable 
for boarding assistance by lift, ramp, or other device on the basis that 
no existing boarding assistance device on the market will accommodate 
the aircraft without a significant risk of serious damage to the 
aircraft or injury to passengers or employees.
    (5) When level-entry boarding assistance is not required to be 
provided under paragraph (c)(4) of this section, or cannot be provided 
as required by paragraphs (b) and (c) of this section (e.g., because of 
mechanical problems with a lift), boarding assistance shall be provided 
by any available means to which the passenger consents, except hand-
carrying as defined in Sec. 382.39 (a)(2).
    (6) The agreement shall ensure that all lifts and other 
accessibility equipment are maintained in proper working condition.
    (d) The training of carrier personnel required by Sec. 382.61 shall 
include, for those personnel involved in providing boarding assistance, 
training to proficiency in the use of the boarding assistance equipment 
used by the carrier and appropriate boarding assistance procedures that 
safeguard the safety and dignity of passengers.

[Doc. No. 1999-6159, 66 FR 22115, May 3, 2001]