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14 CFR Ch. I (1–1–19 Edition) 

§ 121.586 

assigned to an exit seat would be un-
able to perform the functions listed in 
paragraph (d) of this section or a pas-
senger requests a non-exit seat, the 
certificate holder shall expeditiously 
relocate the passenger to a non-exit 
seat. 

(l) In the event of full booking in the 

non-exit seats and if necessary to ac-
commodate a passenger being relocated 
from an exit seat, the certificate hold-
er shall move a passenger who is will-
ing and able to assume the evacuation 
functions that may be required, to an 
exit seat. 

(m) A certificate holder may deny 

transportation to any passenger under 
this section only because— 

(1) The passenger refuses to comply 

with instructions given by a crew-
member or other authorized employee 
of the certificate holder implementing 
exit seating restrictions established in 
accordance with this section, or 

(2) The only seat that will physically 

accommodate the person’s handicap is 
an exit seat. 

(n) In order to comply with this sec-

tion certificate holders shall— 

(1) Establish procedures that address: 
(i) The criteria listed in paragraph 

(b) of this section; 

(ii) The functions listed in paragraph 

(d) of this section; 

(iii) The requirements for airport in-

formation, passenger information 
cards, crewmember verification of ap-
propriate seating in exit seats, pas-
senger briefings, seat assignments, and 
denial of transportation as set forth in 
this section; 

(iv) How to resolve disputes arising 

from implementation of this section, 
including identification of the certifi-
cate holder employee on the airport to 
whom complaints should be addressed 
for resolution; and, 

(2) Submit their procedures for pre-

liminary review and approval to the 
principal operations inspectors as-
signed to them at the responsible 
Flight Standards office. 

(o) Certificate holders shall assign 

seats prior to boarding consistent with 
the criteria listed in paragraph (b) and 
the functions listed in paragraph (d) of 
this section, to the maximum extent 
feasible. 

(p) The procedures required by para-

graph (n) of this section will not be-
come effective until final approval is 
granted by the Executive Director, 
Flight Standards Service, Washington, 
DC. Approval will be based solely upon 
the safety aspects of the certificate 
holder’s procedures. 

[Doc. No. 25821, 55 FR 8072, Mar. 6, 1990, as 
amended by Amdt. 121–232, 57 FR 48663, Oct. 
27, 1992; Amdt. 121–253, 61 FR 2614, Jan. 26, 
1996; Docket FAA–2018–0119, Amdt. 121–380, 83 
FR 9172, 9173, Mar. 5, 2018] 

§ 121.586

Authority to refuse transpor-

tation. 

(a) No certificate holder may refuse 

transportation to a passenger on the 
basis that, because the passenger may 
need the assistance of another person 
to move expeditiously to an exit in the 
event of an emergency, his transpor-
tation would or might be inimical to 
safety of flight unless— 

(1) The certificate holder has estab-

lished procedures (including reasonable 
notice requirements) for the carriage 
of passengers who may need the assist-
ance of another person to move expedi-
tiously to an exit in the event of an 
emergency; and 

(2) At least one of the following con-

ditions exist: 

(i) The passenger fails to comply with 

the notice requirements in the certifi-
cate holder’s procedures. 

(ii) The passenger cannot be carried 

in accordance with the certificate hold-
er’s procedures. 

(b) Each certificate holder shall pro-

vide the responsible Flight Standards 
office with a copy of each procedure it 
establishes in accordance with para-
graph (a)(2) of this section. 

(c) Whenever the Administrator finds 

that revisions in the procedures de-
scribed in paragraph (a)(2) of this sec-
tion are necessary in the interest of 
safety or in the public interest, the cer-
tificate holder, after notification by 
the Administrator, shall make those 
revisions in its procedures. Within 30 
days after the certificate holder re-
ceives such notice, it may file a peti-
tion to reconsider the notice with the 
responsible Flight Standards office. 
The filing of a petition to reconsider 
stays the notice pending a decision by 

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