InFO 16014: Requirements of Title 14 of the Code of Federal Regulations Part 382, Subpart E, and Master Minimum Equipment List (MMEL) Relief

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Subject: Requirements of Title 14 of the Code of Federal Regulations Part 382, Subpart E, and Master Minimum Equipment List (MMEL) Relief

Purpose: This InFO supersedes InFO 11017, dated 10/06/2011, and clarifies U.S. Department of Transportation (DOT) Part 382 requirements with respect to Federal Aviation Administration (FAA) - approved MMEL relief for aircraft.

Discussion: In 1988, Congress passed the Americans with Disabilities Act. DOT followed with the Air Carrier Access Act and implemented regulation Part 382. Both the acts and regulation promote accessibility and prohibit discrimination in air travel for persons with disabilities. The regulation requires design features such as accessible lavatories to be installed and fully operational on aircraft with more than one aisle. Air carriers may petition the DOT for Equivalent Alternative Determinations to Part 382, however any relief granted by the DOT does not constitute relief from an FAA-approved MMEL or air carrier Minimum Equipment List (MEL).

The FAA does not provide MMEL or MEL relief for Part 382 design features based on Part 382 regulatory requirements. Air carriers must be aware that any FAA-approved MEL relief for aircraft equipment will not be based on Part 382 regulatory requirements. Due to differences in FAA and DOT objectives, an air carrier may be in compliance with FAA-approved MEL relief which the DOT does not recognize. The DOT will investigate all passenger complaints concerning Part 382 regardless of compliance with FAA-approved MEL relief.

It is the responsibility of the air carrier to be aware of, and comply with all regulatory requirements for which compliance is mandatory, including Part 382. Relief approved by the FAA associated with an air carrier’s MEL program will not be used in lieu of or to circumvent these regulatory requirements.

Recommended Action: Air carriers are strongly encouraged to contact the DOT whenever questions about Part 382 exist.

Contact: Questions or comments regarding this InFO should be directed to the Air Transportation Division (AFS-200) at (202) 267-8166. Questions about Part 382, temporarily inoperative equipment, or requests for Equivalent Alternative Determinations should be directed to DOT’s Office of Aviation Enforcement and Proceedings (OST/C-70), at (202) 366-9342.

InFOInformation for Operators

U.S. Department

of Transportation

Federal Aviation

Administration

InFO 16014

DATE: 9/6/16

Flight Standards Service

Washington, DC

Approved by: AFS-200 OPR:AFS-240