Section 121.586

14 CFR Ch. I (1-1-19 Edition)

assigned to an exit seat would be unable to perform the functions listed in
paragraph (d) of this section or a passenger 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 accommodate a passenger being relocated
from an exit seat, the certificate holder shall move a passenger who is willing 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 crewmember 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 section 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 information,
passenger
information
cards, crewmember verification of appropriate seating in exit seats, passenger 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 certificate holder employee on the airport to
whom complaints should be addressed
for resolution; and,
(2) Submit their procedures for preliminary review and approval to the
principal operations inspectors assigned 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 paragraph (n) of this section will not become 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]

Section 121.586 Authority to refuse transportation.
(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 transportation would or might be inimical to
safety of flight unless - 
(1) The certificate holder has established procedures (including reasonable
notice requirements) for the carriage
of passengers who may need the assistance of another person to move expeditiously to an exit in the event of an
emergency; and
(2) At least one of the following conditions exist:
(i) The passenger fails to comply with
the notice requirements in the certificate holder-s procedures.
(ii) The passenger cannot be carried
in accordance with the certificate holder-s procedures.
(b) Each certificate holder shall provide the responsible Flight Standards
office with a copy of each procedure it
establishes in accordance with paragraph (a)(2) of this section.
(c) Whenever the Administrator finds
that revisions in the procedures described in paragraph (a)(2) of this section are necessary in the interest of
safety or in the public interest, the certificate holder, after notification by
the Administrator, shall make those
revisions in its procedures. Within 30
days after the certificate holder receives such notice, it may file a petition 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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