Air travel; nondiscrimination on basis of disability: Correction,

[Federal Register: January 5, 2000 (Volume 65, Number 3)]

[Rules and Regulations]

[Page 352]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05ja00-6]

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.

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. (202) 366-9306 (voice); (202) 755-7687 (TDD); 202-366-9313 (fax); bob.ashby@ost.dot.gov (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. 00-163Filed1-4-00; 8:45 am]

   BILLING CODE 4910-62-P