The Air Carrier Access Act (ACAA, 49 U.S.C. 41705) prohibits discriminatory treatment of persons with disabilities in air transportation. The Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21; Public Law 106-181), which was enacted on April 5, 2000, requires, among other things, that the Department of Transportation (DOT or Department) provide a technical assistance manual (TAM) to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and its implementing regulation in 14 CFR Part 382 (Part 382). In May 2001, during the Department’s first forum on "Working Together to Improve the Air Travel of Passengers with Disabilities,” the Department’s Assistant General Counsel for Aviation Enforcement and Proceedings publicly committed to developing a model training program in conjunction with the technical assistance manual required by AIR-21. This model training program, which is designed to assist air carriers in the training of customer service personnel by highlighting those practices that have been found by air carriers and disability rights advocates to work best in accommodating passengers with disabilities, fulfills that promise.
The model training program consists of three components: a Manual for Participants, a Trainer’s Outline, and a PowerPoint Presentation. The Department has opted for a lecture and PowerPoint format for the model training program but encourages carriers to utilize a number of other training techniques, including videos, databases, interactive computer programs, and demonstrations on the use of equipment. It is also worth pointing out that the model training program, similar to the technical assistance manual which was published in the Federal Register on July 19, 2005, does not expressly apply to foreign carriers but foreign carriers should look to this document and Part 382 in satisfying their general nondiscrimination obligations under AIR-21. The Department’s Office of the Assistant General Counsel for Aviation and Enforcement Proceedings (Aviation Enforcement Office) plans in the future to revise the model training program, subject to available resources, to reflect changes in Part 382 that may result from current and anticipated rulemakings.
BackgroundIn September 2003, DOT awarded a contract to Key Bridge Foundation (KBF) to develop a technical assistance manual and model training program relating to air travel by passengers with disabilities. On April 20, 2005, the Department published a draft technical assistance manual in the Federal Register and requested public comment. See 70 FR 41482, 20640. After reviewing the comments received and making changes to the technical assistance manual where appropriate, the Department issued a final technical assistance manual on July 19, 2005. See 70 FR 41482, 41482.
This model training program uses the technical assistance manual which was issued on July 19, 2005, including its appendices, as a framework and emphasizes the value of the manual as a practical guide for both employees and contractors of air carriers and air travelers with a disability. Neither the model training program nor the technical assistance manual expands carriers’ legal obligations under Part 382. Moreover, DOT is not mandating the use of the training program or the manual. Instead, DOT encourages carriers to use these resources or specific sections of them to complement or enhance their existing training programs. DOT recognizes that many carriers have made significant investments to develop and improve their proprietary Part 382 training programs over the years. Depending upon the individual needs of the carriers, the model training program, which consists of a Manual for Participants, a Trainer’s Outline, and a PowerPoint Presentation, may be incorporated into carrier programs as training modules.
The Manual for Participants contains an overview of the technical assistance manual followed by separate sections on sensitivity and awareness, communication, and complaint resolution. It highlights several substantive areas of priority: (i) boarding, deplaning, and making flight connections; (ii) service animals; (iii) assistive devices; (iv) seating assignments and accommodations; and (v) communicable diseases, medical certificates, and attendants. Each of the substantive sections contains an overview of the law (paraphrased from the technical assistance manual) and role playing or other short exercises to encourage critical thinking and the use of a four-part analysis including: (1) sources of information, i.e., where to look for the law and other information to address the issue at hand; (2) sensitivity and awareness considerations when interacting with people with disabilities; (3) communication skills; and (4) conflict resolution techniques.
The content of the Trainer’s Outline closely resembles the content of the Manual for Participants but differs in two important ways. First, the Trainer’s Outline contains brief instructional information to guide the trainer through the material. Second, it contains discussion points and substantive answers for the trainer to use as a prototype to enhance class discussion in connection with the role playing or other short exercises. Carriers would have the latitude to elaborate and include their policies and other information. The PowerPoint Presentation contains slides to be used by the trainer, if desired, as a visual aid during the training session.
In creating the model training program, DOT provided drafts of the three components of the model training program to stakeholders from the air carrier industry and disability community for their comment. DOT received a joint submission from four trade associations (Air Transportation Association of America, Air Carrier Association of America, National Air Carrier Association and Regional Airline Association) one U.S. carrier (Mesaba Airlines), two foreign air carriers (Mexicana de Aviaci贸n and Mal茅v Hungarian Airlines), and one disability advocacy organization (International Association of Assistance Dog Partners).
Comments ReceivedThe Department believes that there is generally strong support for the model training program but did receive a few suggestions for modifications to the draft model training program, particularly in the service animal area. For example, there was concern expressed that the draft model training program “goes beyond the wording in the TAM” by stating that service animals such as snakes and rodents can pose unavoidable safety and/or health concerns. Additionally, there was a suggestion that the draft model training program be changed to emphasize that service animal users have the right to choose to sit in the bulkhead seat or to choose not to sit in the bulkhead seat. Further, there was a request for clarification regarding the documentation carriers may require for emotional support animals, whether a pig or a miniature horse can be trained as a service animal or function as an emotional support animal, and the FAA safety regulations requiring that service animals not block the aisle or other evacuation route, not simply other space, as stated in the draft model training program.
Other comments received included suggestions that (1) the time allocations for each section of the model training program be characterized as guidelines; (2) Part 382 be placed first in the list of available sources of information under the Welcome and Introduction section of the Manual for Participants; (3) Appendix V should be referenced for Part 382 because that is the place in the TAM where a copy of 14 CFR Part 382 is located; (4) a specific example of “person first” language referred to in the Sensitivity and Awareness section be provided; (5) DOT’s statement relating to the scope of the required enplaning and deplaning assistance be removed from the model training program because of the commenter’s concern that such a statement of policy would be premature since the issue is under consideration as part of the Notice of Proposed Rulemaking (NPRM) proposing to extend Part 382 to foreign carriers (69 FR 64364); (6) the model training program clearly state that requests for seating accommodations be limited to the same class of service, consistent with Part 382; and (7) the model training program better explain the requirement that carriers not charge for an attendant.
DOT ResponseWe have thoroughly considered all the comments and incorporated them where appropriate. We agree with commenters that the time allocations for each section of the model training program should be designated as “suggested” time allocations and have added that designation in the training agenda and table of contents. We also agree that Part 382 should be the first source of information listed in the introduction and that Appendix V should be referenced for Part 382 and have made these changes. Additionally, we agree that an example of “person first” language would be helpful and have added such an example in the sensitivity and awareness section (e.g., person who uses a wheelchair). Finally, we have revised the language in the attendants section of the Trainer’s Outline to better explain that the law prohibits carriers from charging for an attendant when the self-assessment of the passenger is that he or she does not need an attendant.
However, we consider the statement about the scope of enplaning and deplaning assistance required to be consistent with current DOT policy. Therefore, the statement remains unchanged and would be modified at the conclusion of the NPRM extending Part 382 to foreign carriers (69 FR 64364) only if a change in the rules is promulgated. We have also not revised the text of the Manual for Participants in the seating assignments and accommodations section as suggested because the caveat that these accommodations are limited to seats within the same class of service is already contained in the model training program.
With
respect to service animals, the statement in the model training program
that service animals such as snakes and rodents can pose unavoidable
safety and/or health concerns is accurate as it mirrors the language
in DOT’s service animal guidance document. It is important to
keep in mind that the language in the service animal guidance is not
a categorical prohibition, i.e., it states that carriers are
not required to transport snakes and rodents in the cabin as
service animals. Also, we have not adopted the suggestion to emphasize
that service animal users can choose not to sit in a bulkhead seat as
the model training program already addresses this point sufficiently.
On the other hand, additional explanatory language has been added to
the model training program in response to comments requesting clarifying
language regarding documentation for the carriage of emotional support
animals and FAA safety requirements that service animals must not block
the aisle or other evacuation route.
