Section 382.85 - What seating accommodations must carriers make to passengers in circumstances not covered by Section 382.81 (a) through (d)?As a carrier, you must provide the following seating accommodations to a passenger who self-identifies as having a disability other than one in the four categories listed in § 382.81(a) through (d) of this part and as needing a seat assignment accommodation in order to readily access and use the carrier's air transportation services:
(a) As a carrier that assigns seats in advance, you must provide accommodations in the following ways:(1) If you use the "seat-blocking" mechanism of § 382.83(a)(1) of this part, you must implement the requirements of this section as follows: (i) When a passenger with a disability not described in § 382.81(a) through (d) of this part makes a reservation more than 24 hours before the scheduled departure time of the flight, you are not required to offer the passenger one of the seats blocked for the use of passengers with a disability listed under § 382.81 .(ii) However, you must assign to the passenger any seat, not already assigned to another passenger that accommodates the passenger's needs, even if that seat is not available for assignment to the general passenger population at the time of the request.(2) If you use the "designated priority seats" mechanism of § 382.83(a)(2) of this part, you must implement the requirements of this section as follows: (i) When a passenger with a disability not described in § 382.81 makes a reservation, you must assign to the passenger any seat, not already assigned to another passenger, that accommodates the passenger's needs, even if that seat is not available for assignment to the general passenger population at the time of the request. You may require a passenger making such a request to check in one hour before the standard check-in time for the flight.(ii) If such a passenger is assigned to a designated priority seat, he or she is subject to being reassigned to another seat as provided in § 382.83(a)(2)(i) of this subpart.(b) On flights where advance seat assignments are not offered, you must provide seating accommodations under this section by allowing passengers to board the aircraft before other passengers, including other "preboarded" passengers, so that the individuals needing seating accommodations can select seats that best meet their needs.(c) If you assign seats to passengers, but not until the date of the flight, you must use the "priority seating" approach of section 382.83(a)(2) .