[Federal Register: March 7, 2005 (Volume 70, Number 43)]
[Notices]
[Page 11042-11043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr05-100]
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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), blane.workie@ost.dot.gov (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