[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Notices]
[Pages 11042-11043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4296]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[OST Docket No. 2005-20490]


Air Carrier Access Act Aircraft Inspection and Certification 
Initiative

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

[[Page 11043]]


ACTION: Notice.

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SUMMARY: Beginning on March 7, 2005, the Federal Aviation 
Administration (FAA) will be assisting the Office of the Secretary 
(OST) in verifying that the aircraft accessibility requirements of the 
Air Carrier Access Act (ACAA) and its implementing regulations, 14 CFR 
Part 382 (Part 382), are being met by U.S. certificated and commuter 
air carriers. FAA inspectors, in the normal course of their duties, 
will be performing on-site inspections of U.S. airline aircraft that 
are subject to the design requirements of the ACAA and Part 382, which 
prohibit discrimination against disabled air travelers in air 
transportation. The FAA will also take steps to verify that these 
requirements are met when new aircraft enter the U.S. airline fleet.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Office of the General 
Counsel, 400 7th Street, SW., Room 4116, Washington, DC 20590, (202) 
366-9342 (voice), (202) 366-7152 (Fax), [email protected] (e-
mail). Arrangements to obtain the notice in an alternative format may 
be made by contacting the above-named individuals.

SUPPLEMENTARY INFORMATION: Full compliance with the mandates of Part 
382 is a priority of the Department of Transportation (Department or 
DOT). Part 382 is intended to promote accessibility and prohibit 
discrimination for air travelers with disabilities. This notice 
concerns those portions of Part 382 that require that carriers order or 
modify aircraft to improve accessibility. The requirements regarding 
aircraft accessibility are covered by 14 CFR 382.21.
    The requirements of Sec.  382.21 are tied to the number of seats or 
aisles on an aircraft. They apply to all aircraft operated under 14 CFR 
part 121 ordered after the effective date of Part 382 (April 5, 1990) 
or delivered to an air carrier after April 5, 1992. Part 121 contains 
the FAA's rules on air carrier certification and the operation of large 
aircraft by carriers certificated under that Part. Section 382.21 
requires carriers to provide:
    (1) Movable armrests on at least one half of the aisle seats on 
aircraft with 30 or more seats (382.21(a)(1));
    (2) A priority storage area for a passenger's folding wheelchair on 
aircraft with 100 or more seats (382.21(a)(2));
    (3) An accessible lavatory on aircraft with more than one aisle 
(382.21(a)(3)); and
    (4) A carrier-supplied on-board wheelchair in certain instances 
(382.21(a)(4) and (b)(2)).
    The rule does not require retrofitting of aircraft that were in 
service on or before the effective date of the rule with the following 
two exceptions: first, a carrier must, under certain conditions, 
provide an on-board wheelchair on aircraft with more than 60 seats (see 
382.21(a)(4) and 382.21(b)(2)), effective April 5, 1992; second, under 
382.21(c), if an aircraft operated under Part 121 undergoes a cabin 
refurbishment in which seating, lavatories, or other cabin interior 
elements are replaced, the aircraft, once renovated, must meet the 
requirements with respect to armrests and lavatories, or the replaced 
elements (e.g., in-cabin stowage areas) as specified in 382.21(a).
    The Department wishes to ascertain the current compliance status of 
air carriers with respect to these requirements. The Department's 
Office of the Assistant General Counsel for Aviation Enforcement and 
Proceedings (Enforcement Office) began several investigations into 
compliance with section 382.21 in 2002, and most of these 
investigations have culminated in consent orders assessing civil 
penalties and requiring that air carriers take action to comply with 
the requirements of section 382.21. The Enforcement Office continues to 
investigate air carriers that it believes may be operating aircraft 
that are non-compliant. However, in addition to the continued 
enforcement efforts, the Department believes that having FAA inspectors 
check new aircraft being added to carrier fleets as well as aircraft 
already in service that are subject to the rule, in connection with 
their regular air carrier safety monitoring activities, would assist in 
ensuring that air carriers fulfill their nondiscrimination and 
accessibility responsibilities towards passengers with disabilities.
    It is important to note that the FAA's involvement would be limited 
to conducting inspections to verify that aircraft meet the ACAA and 
Part 382 design requirements. Enforcement responsibilities with regard 
to the ACAA and Part 382 would remain in the Enforcement Office. The 
results of the FAA inspections of aircraft would be forwarded to the 
Enforcement Office for follow-up with the airlines involved in 
instances where it appears that the carrier's aircraft may not be in 
compliance with the ACAA and Part 382.

    Issued this 24th day of February 2005, in Washington DC.
Jeffrey A. Rosen,
General Counsel, U.S. Department of Transportation.
[FR Doc. 05-4296 Filed 3-4-05; 8:45 am]
BILLING CODE 4910-62-P