DOT Logo


May 23, 1997

This letter is being sent to U.S. Major and National air carriers, air transport organizations, and certain disability organizations. It concerns the Department of Transportation’s rule on air travel by passengers with disabilities. I would appreciate it if you would direct this letter to the individual in your organization who deals with such issues.

On November 1, 1996, the Department published amendments to its rules on air travel by passengers with disabilities. These amendments deal with accessibility of aircraft with 19 through 30 seats, accessibility of airport facilities, and transportation of persons believed to have a communicable disease. I have enclosed two versions of an updated copy of the air carrier rule, 14 CFR Part 382. The shorter one is the rule itself; the longer one contains the rule as well as the preambles to the original 1990 rule and to the 1996 amendments. These copies are unstapled and one-side-only to facilitate further reproduction.

Pursuant to §382.45(d), all air carriers must have a copy of Part 382 at each airport that the carrier serves and must make it available for inspection by persons with disabilities upon request. Since the pre-November version of the rule has been superseded by the rule as revised in November, carriers must ensure that the current version of Part 382 is available at all airports. For this purpose, the short “rule only” version (enclosed) is satisfactory. However, it would not be acceptable to simply distribute the November amendments for use in conjunction with the pre-November rule. The current rule with the November amendments incorporated must be available at airports.

The enclosed documents will be available for download shortly on the Department’s web site: In addition, upon request we will be happy to furnish an electronic version of these documents to you via diskette or e-mail in word processor or ASCII text format.

We would appreciate it if the air carriers receiving this letter would send a copy of the letter and enclosures to their U.S.-carrier code-sharing partners and to any low-cost or shuttle subsidiary. (As indicated above we are sending this letter to all U.S. Majors and Nationals, so you do not need to forward a copy to any carriers in that group.) Please note that most of the provisions of Part 382 apply to charter flights and to small-aircraft commercial service; the rule is not limited to scheduled-service jet operations.

Thank you for your cooperation. If you have any questions, please let me know.

Hoyte B. Decker, Jr.
Assistant Director for
Aviation Consumer Protection, C-75
Office of Aviation Enforcement
and Proceedings


June 17, 1997

This letter is being sent to U.S. Major and National air carriers, air transport organizations, and certain disability organizations. On May 23, 1997, we sent you a revised edition of the Department of Transportation’s rule on air travel by passengers with disabilities, 14 CFR Part 382. This edition of the rule incorporated amendments that were issued in November 1996 concerning accessibility of aircraft with 19 through 30 seats, accessibility of airport facilities, and transportation of persons believed to have a communicable disease. We enclosed two versions of the rule; the shorter one was the rule itself; the longer one contained the rule as well as the preambles to the original 1990 rule and to the 1996 amendments.

We have discovered that sub-paragraphs (b) and (c) of section 382.49 (Security screening of passengers) were inadvertently omitted from both the long and short versions of this new edition of the rule. Section 382.49 was not affected by the November 1996 amendments, and should not have changed. We are enclosing the following corrected materials:

(1) A complete, corrected copy of the short “rule only” version (11 pages).

(2) For the longer version (77 pages):

(a) New pages 8 through 11, which contain the corrected text. Only two paragraphs were added, but it was necessary to go through page 11 to harmonize the new page breaks with the rest of the document. These five pages can be substituted for the old pages 8 through 11.

(b) A correction sheet that can be slipped into the long version at page 8; the correction sheet contains the corrected text for the entire section 382.49. You may want to use this correction sheet in lieu of the corrected pages 8 through 11 if you have already reproduced the long version of the rule.

We sincerely regret any inconvenience that this has caused. If you would like to receive either of these documents in electronic form or if you have any questions, please call me at (202) 366-5952.

Timothy J. Kelly
Industry Analyst
Aviation Consumer Protection Division, C-75
Office of the General Counsel


Sub-paragraphs (b) and (c) of section 382.49 were inadvertently omitted from this copy of the rule. The complete section 382.49 reads as follows:

§ 382.49 Security screening of passengers.

(a) Qualified individuals with a disability shall undergo security screening in the same manner, and be subject to the same security requirements, as other passengers. Possession by a qualified individual with a disability of an aid used for independent travel shall not subject the person or the aid to special screening procedures if the person using the aid clears the security system without activating it. Provided, That this paragraph shall not prohibit security personnel from examining a mobility aid or assistive device which, in their judgment, may conceal a weapon or other prohibited item. Security searches of qualified individuals with a disability whose aids activate the security system shall be conducted in the same manner as for other passengers. Private security screenings shall not be required for qualified individuals with a disability to a greater extent, or for any different reason, than for other passengers.

(b) Except as provided in paragraph (c) of this section, if a qualified individual with a disability requests a private screening in a timely manner, the carrier shall provide it in time for the passenger to enplane.

(c) If a carrier employs technology that can conduct an appropriate screening of a passenger with a disability without necessitating a physical search of the person, the carrier is not required to provide a private screening.

Addressees for both letters:

Ms. Valerie Svilarich
Director, Consumer Affairs
Alaska Airlines
Box 68900
Seattle, WA 98168

Ms. Michele Rock
Manager-Customer Relations
America West Airlines
4000 East Sky Harbor Blvd.
Phoenix, AZ 85034

Ms. MaryAnne McCabe
Managing Director, Consumer Relations
American Airlines, Inc.
M.D. 2400
P.O. Box 619612
DFW Airport, TX 75261-9612

Ms. Judy Mensinger
Director, Customer Care
Continental Airlines, Inc.
3663 North Sam Houston Pkwy, Suite 500
Houston, TX 77032

Ms. Patricia J. Robinette
Director of Consumer Affairs
Delta Air Lines
Hartsfield Int’l Airport
Atlanta, GA 30320

Ms. Cindy Scheer
Director, Customer Relations
Northwest Airlines
5101 Northwest Drive
Dept. C5270
St. Paul, MN 55111

Mr. Jim Ruppel
Director, Customer Relations
Southwest Airlines
P.O. Box 33647
Love Field
Dallas, TX 75235

Ms. Susan Yancey
Mgr./Corp. Comm.
Southwest Airlines
2702 Love Field Drive
Dallas, TX 75235

Ms. Susan Ahl
Staff VP/ Customer Relations
Trans World Airlines, Inc.
1415 Olive Street
Suite 100
St. Louis, MO 63103

Ms. Denise Harvill
Director, Customer Relations
United Airlines
P.O. Box 66100
Chicago, IL 60666

Ms. Deborah Thompson
Director, Consumer Affairs
US Airways
P.O. Box 1501
Winston-Salem, NC 27102-1501

Mr. Martin Goldman
Air Transport International
3800 Rodney Parham Road
Little Rock, AR 72212

Hermn Bethel
Managing Director, Customer Service
Air Wisconsin Corp.
W6390 Challenger Drive
Suite 203
Appleton, WI 54915

Ms. Denise Yates
Customer Relations Manager
Aloha Airlines, Inc.
P.O. Box 30029
Honolulu, HI 96820

Mr. Ellis Fawcett
Manager, Customer Services
American Trans Air
7337 W. Washington Street
Indianapolis, IN 46231

Mr. Samuel Watts
V.P., Sales & Customer Service
Atlantic Southeast Airlines
100 Hartsfield Center Parkway
Suite 800
Atlanta, GA 30354

Mr. Bill Reynolds
Director, Customer Service
Business Express
14 Aviation Ave.
Portsmouth, NH 03801

Ms. Claire Malkin
Mgr., Consumer Affairs
Carnival Air Lines
P.O. Box 9013
Dania, FL 33004

Ms. Jane Steed
Admin. Assistant
Continental Micronesia
Old Terminal Bldg.
P.O. Box 8778-G
Tamuning, GU 96931-8778

Mr. Thomas Del Valle
Executive Airlines
P.O. Box 38082
Luis Muńoz Marin Int’l Airport
Carolina, PR 00979

Ms. Nancy White
Mgr., Customer Relations
Frontier Airlines
12015 East 46th Ave.
Denver, CO 80239

Ms. Crystal Ching
Manager, Consumer Affairs
Hawaiian Airlines, Inc.
P.O. Box 30008
Honolulu, HI 96820

Ms. Sue Warner-Bean
Manager, Customer Relations
Horizon Air
P.O. Box 48309
Seattle, WA 98148

Mr. Jerry Murphy
President & C.E.O.
Kiwi International Airlines
Hemisphere Center
U.S. 1 and 9 South
Newark, NJ 07114

Mr. Dennis Barry
V.P., Customer Service
Mesa Airlines
1140 W. Navajo
Farmington, NM 87401

Mr. David H. Thomas
Manager - Scheduling
Midway Airlines
300 West Morgan Street
Suite 1200
Durham, NC 27701

Ms. Christine Baranoucky
Schedule Coordinator
Midwest Express Airlines
6744 South Howell Avenue
HQ 23
Oak Creek, WI 53154-1402

Ms. Brenda Rowan
Legal Assistant
Reno Air, Inc.
P.O. Box 30059
Reno, NV 89520--3059

Mr. Ralph Richardi
Simmons Airlines
P.O. Box 612527
1700 W. 20th Street
Dalls/Ft. Worth Airport, TX 75261

Mr. J Baggar
Operations Manager
Sky Courier
1851 Alexander Bell Dr.
Reston, VA 22091

Ms. Karen Erazo
Mgr.-Legal Affairs
Sun Country Airlines
2520 Pilot Knob Rd.
Mendota Heights, MN 55120

Ms. Pat Crimmins
Director, Customer Service
Sun Jet
4700 140th Ave. North
Suite 106
Clearwater, FL 34622

Ms. Pamela Buoncontri
Assistant to the Chairman
Tower Air
JFK International Airport
Hangar 17
Jamaica, NY 11430

Mr. William R. Mishk
Vice President, Marketing
Trans States Airlines
9275 Genaire Drive
St. Louis, MO 63134

Mr. Tommy Kalil
Senior VP, Customer Service/Operations
Valujet Airlines
1800 Phoenix Blvd.
Suite 126
Atlanta, GA 30349-5555

Ms. Carol Goettsche
Manager, Consumer Affairs
Western Pacific Airlines
2864 South Circle Drive
Colorado Springs, CO 80906

Mr. Chuck Pollard
President & C.E.O.
World Airways
13873 Park Center Road
Suite 490
Herndon, VA 22071

Mr. Mark Creech
Mgr., Customer Relations
Air South
P.O. Box 11129
Columbia, SC 29211

Mr. David Berg
Air Transport Association
1301 Pennsylvania Ave., N.W.
Washington, DC 20004-1707

Mr. Walt Coleman
Regional Airline Assoc.
1200 19th St. N.W., Suite 300
Suite 300
Washington, DC 20036-2422

Mr. Edward Driscoll
President & C.E.O.
National Air Carrier Association
1730 M Street, N.W.
Suite 806
Washington, DC 20036

Mr. Ed Faberman
Executive Director
Air Carrier Association of America
1747 Pennsylvania Ave, N.W.
Suite 900
Washington, DC 20006

Mr. Ray Greenly
VP, Consumer Affairs
American Society of Travel Agents
1101 King Street
Alexandria, VA 22314

Mr. David Plavin
Airports Council International
1775 K Street N.W.
Suite 500
Washington, DC 20006

Mr. Charles Barclay
American Association of Airport Executives
4212 King Street
Alexandria, VA 22302

Shawn McDermott
Project Coordinator
Paralyzed Veterans of America
801 18th Street NW
Washington, DC 20006

Mr. David Capozzi
Director, Office of Tech. & Info. Svcs.
1331 F Street, NW
Washington, DC 20004-1107