On July 29, 2015, the U.S. Department of Transportation ("DOT") published the final rule to amend its rules implementing section 504 of the Rehabilitation Act of 1973, which requires that no person be excluded from participation in or denied the benefits of any program or activity receiving federal financial assistance by sole reason of their handicap. The final rule relates to the non-discrimination on the basis of disability by U.S. airports receiving federal financial assistance with 10,000 or more annual enplanements. The rule amends 49 CFR § 27.71 and 27.72 to reflect the 2008 amendments to the requirements placed on domestic and foreign carriers by the Air Carrier Access Act ("ACAA"). Specifically, the final rule requires that (1) one wheelchair accessible service animal relief area be established in each airport terminal within a year following publication, (2) airport operators enable or ensure high-contrast captioning at all times on television and audio visual displays capable of displaying captions located in any gate area, ticketing area, first-class or other passenger lounge provided by a U.S. or foreign carrier or any common area in the terminal to which passengers have access, and (3) airport operators negotiate with foreign carriers as well as domestic carriers to ensure the use of lifts, ramps and other devices for emplaning and deplaning passengers on aircraft with a capacity of 19 or more passenger seats when level entry loading bays are not available and sign a written agreement with foreign carriers allocating responsibility for meeting the boarding and deplaning assistance requirements within 90 days after publication. The DOT simultaneously published a guide on the ACAA and 14 CFR Part 382 for air travelers with developmental disabilities focusing on these passengers' legal rights under this legislation.
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