00-163. Nondiscrimination on the Basis of Disability in Air Travel

[Federal Register Volume 65, Number 3 (Wednesday, January 5, 2000)]
[Rules and Regulations]
[Page 352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-163]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

[Docket OST-96-1880]
RIN 2105-AC28


Nondiscrimination on the Basis of Disability in Air Travel

AGENCY: Department of Transportation (DOT), Office of the Secretary.

ACTION: Final rule; correction.

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SUMMARY: On March 4, 1998, the Department of Transportation published 
final rules amending its regulations implementing Air Carrier Access. 
This document corrects a minor editorial error in that document. The 
correction does not change the substance of the regulatory provision 
involved.

EFFECTIVE DATE: January 5, 2000.

FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant 
General Counsel for Regulation and Enforcement, Department of 
Transportation, 400 7th Street, SW., Room 10424, Washington, DC, 20590. 
[phone] (voice); [phone] (TDD); 202-366-9313 (fax); 
[e-mail] (e-mail).

SUPPLEMENTARY INFORMATION: The Department is making an editorial 
correction to its March 4, 1998, final rule amending 14 CFR part 382, 
which implements the Air Carrier Access Act. The final rule provision 
in question involved a clarification to the general prohibition on 
discrimination. Codified as 49 CFR 382.7(c), it provides as follows:

    Carriers shall, in addition to meeting the other requirements of 
this part, modify policies, practices, or facilities as needed to 
ensure nondiscrimination, consistent with the standards of section 
504 of the Rehabilitation Act, as amended. Carriers are not required 
to make modifications that would constitute an undue burden or would 
fundamentally alter their program.

One disability group pointed out that the word ``or'' in the second 
line of the paragraph should more properly be ``and''. While we do not 
believe that, in this context, changing ``or'' to ``and'' has any 
substantive significance in terms of the actual obligations of 
carriers, we will make the change in order to avoid any possible 
confusion about the provision. Consequently, we are amending this 
paragraph to substitute ``and'' for ``or''.
    The Department finds that there is good cause to issue this 
correction without a prior notice and opportunity for comment. The 
underlying substantive provision was previously the subject of notice-
and-comment rulemaking. The Department would not anticipate receiving 
any useful public comment on this editorial correction. Therefore, the 
Department finds that it would be impracticable, unnecessary, and 
contrary to the public interest to go through a notice-and-comment 
process to fix a minor editorial mistake. For the same reason, we find 
good cause to make this correction effective immediately.
    This is a nonsignificant rule under both Executive Order 12886 and 
the Department's regulatory policies and procedures. The Department 
certifies, under the Regulatory Flexibility Act, that the rule will not 
have a significant economic effect on a substantial number of small 
entities. This is because we anticipate that this amendment will have 
no economic effects (nor, for that matter, any other kinds of effects) 
on anyone. It does not have Federalism impacts sufficient to warrant 
the preparation of a Federalism impact statement. It does not impose 
information collection requirements.

List of Subjects in 49 CFR Part 382

    Air carriers, Civil rights, Individuals with disabilities, 
Reporting and recordkeeping requirements.

    Issued this 23rd day of December, 1999, at Washington, DC.
Robert C. Ashby,
Deputy Assistant General Counsel for Regulation and Enforcement.

    For the reasons set forth in the preamble, the Department amends 14 
CFR part 382 as follows:

PART 382--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR 
TRAVEL

    1. The authority citation for 14 CFR part 382 continues to read as 
follows:

    Authority: 49 U.S.C. 41702, 47105, and 41712.

Sec. 382.7  [Amended]

    2. Amend 14 CFR Sec. 382.7(c) by removing the word ``or'' in the 
first sentence thereof and adding the word ``and'' in its place.

[FR Doc. 00-163 Filed 1-4-00; 8:45 am]
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