Disability issues: Applicability of the Air Carrier Access Act to Foreign Air Carriers

APPLICABILITY OF THE AIR CARRIER ACCESS ACT (49 U.S.C. 41705) TO FOREIGN AIR CARRIERS UNDER A RECENT STATUTORY REVISION

NOTICE

Under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, (AIR 21, P.L. 106-181; 114 Stat. 61; April 5, 2000), the requirements of the Air Carrier Access Act (ACAA, 49 U.S.C. 41705) have been extended to foreign air carriers. Section 707 of AIR 21 specifically amends the ACAA to prohibit discrimination against otherwise qualified disabled individuals by foreign air carriers, as well as U.S. air carriers. The Department rule implementing the ACAA, 14 CFR Part 382, which was adopted in 1990, does not by its terms address foreign air carriers but the Office of Aviation Enforcement and Proceedings hereby gives notice that it intends to use the provisions of that regulation as guidance in investigating any complaints it receives of noncompliance by foreign carriers with the ACAA. In the future, the Department will be instituting a rulemaking proceeding to revise 14 CFR Part 382 to apply to foreign air carriers.