Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 44885 

Kulik Lake Airport and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009, is amended as 

follows: 

Paragraph 6005 Class E Airspace Extending 

Upward From 700 Feet or More Above the 

Surface of the Earth 

* * * * * 

AAL AK E5 Kulik Lake, AK [Revised] 

Kulik Lake Airport, AK 

(Lat. 58°58′55′′ N., long. 155°07′17′′ W) 

That airspace extending upward from 700 

feet above the surface within a 4.3-mile 

radius of the Kulik Lake Airport, AK, and 

within 4 miles either side of the 278 bearing 

from the Kulik Lake Airport, extending from 

the 4.3-mile radius to 7.5 miles west of the 

Kulik Lake Airport, AK. 

Issued in Anchorage, AK, on July 20, 2010. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. 2010–18663 Filed 7–29–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 382 

[Docket No. DOT–OST–2004–19482; DOT– 

OST–2005–22298; DOT–OST–2006–23999] 

RIN No. 2105–AC97; 2105–AC29; 2105– 

AD41 

Nondiscrimination on the Basis of 

Disability in Air Travel; Corrections 

AGENCY: Office of the Secretary, 

Department of Transportation. 

ACTION: Correcting amendments. 

SUMMARY: The Department of 

Transportation published its amended 

Air Carrier Access Act (ACAA) rule in 

the Federal Register on Tuesday, May 

13, 2008 (73 FR 27614). That rule 

amended the ACAA rules to apply to 

foreign air carriers and added new 

provisions concerning passengers who 

use medical oxygen and passengers who 

are deaf or hard-of-hearing. A 

corrections notice was published on 

March 18, 2009. This document further 

corrects editorial errors or omissions 

and provides clarifications regarding the 

preamble and regulatory text of the final 

rule. 

DATES: Effective Date: These 

amendments and corrections are 

effective July 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Clereece Y. Kroha, Trial Attorney, Office 

of the Assistant General Counsel for 

Aviation Enforcement and Proceedings, 

Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590, 202–366–9342 (voice), 202–366– 

7152 (fax), clereece.kroha@dot.gov (email). TTY users may reach the 

individual via the Federal Relay Service 

toll-free at 800–877–8339. Arrangements 

to receive this notice in an alternative 

format may also be made by contacting 

the above named individual. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Transportation 

published its amended Air Carrier 

Access Act rule, Nondiscrimination on 

the Basis of Disability in Air Travel, 14 

CFR Part 382 (Part 382), in the Federal 

Register on May 13, 2008, (73 FR 

27614), applying Part 382 to foreign 

carriers, adding new provisions 

concerning accommodations for 

passengers who use medical oxygen and 

who are deaf or hard-of-hearing, and 

reorganizing the entire rule. On March 

18, 2009, the Department published a 

correction notice in the Federal Register 

(74 FR 11469), correcting several 

editorial errors, inconsistencies, and 

omissions that had been identified. 

Since the final rule became effective on 

May 13, 2009, we have identified 

several additional minor typographical 

and technical errors in the final rule text 

as well as the preamble, which this 

document corrects. We have set forth 

these corrections below. The corrections 

to the preamble can also be found on 

our Web site at http:// 

airconsumer.ost.dot.gov/. 

II. Summary of Errors to the Final 

ACAA Rule 

A. Errors in the Preamble of the May 13, 

2008, Final Rule (73 FR 27164) 

On page 27619, in the third column, 

we intended to state that the carriers 

may choose to supplement the 

accessibility service provided by 

airports themselves or hire a contractor 

to do so. We erroneously used the word 

‘‘itself’’ instead of ‘‘themselves.’’ This 

error is being corrected. 

On page 27620, in the first column, 

we discuss the applicability of the Title 

II ADA rules to transportation services 

provided by public entities. A period 

omitted at the end of that sentence is 

being added. 

On page 27651, in the first column, in 

the first paragraph, we state that the 

requirements for information and 

reservation services apply to foreign 

carriers only with respect to flights 

covered by § 382.5. The correct section 

reference should be § 382.7. A similar 

typographical error is also being 

corrected on page 27651, in the second 

column, in the second paragraph. 

On page 27654, in the first column, 

where we discuss the issue of whether 

a carrier should allow a passenger with 

a disability to make brief stops to obtain 

food and a beverage when assisting in 

his/her transfer to the connecting gate, 

we are correcting two editorial errors by 

deleting the word ‘‘would’’ from one 

sentence and the word ‘‘should’’ from 

another sentence. 

On page 27665, in the first column, 

we discuss the cost incurred by small 

foreign carriers related to obtaining 

boarding equipment. An incomplete 

sentence is being corrected. Thus, the 

language that appeared as ‘‘mall carrier 

use the same airport, however, a sharing 

arrangement may be more effective’’ will 

read: ‘‘For small carriers using the same 

airport, however, a sharing arrangement 

may be more effective.’’ 

On the same page, following the 

paragraph discussed above, another 

typographical error is being corrected by 

deleting an unnecessary ‘‘a’’ from the 

next sentence. 

B. Errors in the Regulatory Text of May 

13, 2008, Final Rule 

In § 382.7(f), we state that §§ 382.17 

through 382.157 generally do not apply 

to an indirect carrier except insofar as 

§ 382.11(b) applies to such a carrier. By 

doing so, we inadvertently omitted the 

first sentence in this subsection that 

would have explained that the general 

nondiscrimination provisions contained 

in §§ 382.1 through 382.15 do apply to 

indirect carriers. We are adding a 

sentence in § 382.7(f) to make this clear. 


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44886 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 

In addition, we are rephrasing the 

language in § 382.11(b) to clarify the 

circumstances where an indirect carrier 

must comply with §§ 382.17 through 

382.157. That is that the indirect carrier 

must comply with these sections when 

it is providing facilities or services (such 

as checking in passengers and baggage, 

or providing boarding and deplaning 

assistance) that would have otherwise 

been provided by a direct carrier. 

In § 382.23(d), we state the conditions 

under which a carrier may require a 

passenger with a medical certificate to 

undergo additional medical review by 

the carrier. Furthermore, we state that if 

the result of the review demonstrates 

that the passenger may not be able to 

complete the flight without 

extraordinary medical assistance or the 

passenger would impose a direct threat 

to the health or safety of other persons 

on the flight, the carrier ‘‘may take an 

action otherwise prohibited under 

§ 382.23(a) of this part.’’ In this last 

sentence, we intended to state that the 

carrier may take an action otherwise 

prohibited under § 382.21(a). Therefore, 

this sentence is being corrected 

accordingly. In addition, we are 

capitalizing the first letter in the word 

‘‘part’’ in the phrase ‘‘of this part’’ so that 

its form is consistent with the phrase as 

it is used elsewhere in the rule. 

In § 382.27(a), we state that ‘‘except as 

provided in * * * and §§ 382.133(c)(3) 

and 382.133(d)(3), as a carrier you must 

not require a passenger with a disability 

to provide advance notice in order to 

obtain services or accommodations 

required by this Part.’’ We intended to 

provide that when a passenger with a 

disability plans to use a respiratory 

assistive device onboard, as detailed 

under § 382.133, the carrier is permitted 

to require that the passenger provide up 

to 48 hours’ advance notice. However, 

we inadvertently referenced the wrong 

subsections of § 382.133. Neither 

§ 382.133(c)(3) nor § 382.133(d)(3) is 

relevant to the notice issue in question. 

Therefore, we are correcting § 382.27(a) 

to reference the appropriate provisions 

in § 382.133, which are §§ 382.133(c)(4) 

and (5) and 382.133(d)(5) and (6). 

In § 382.51(b), we are capitalizing the 

first letter in the word ‘‘part’’ in the 

phrase ‘‘in this part’’ so that its form is 

consistent with the phrase as it is used 

elsewhere in the rule. 

In § 382.111(e), we state that 

‘‘[a]ssistance in stowing and retrieving 

carry-on items, including mobility aids 

and other assistive devices stowed in 

the cabin (see also § 382.91(c))’’ must be 

provided. Section 382.91(c) relates to 

the carriers’ responsibility to escort 

passengers with service animals to the 

service animal relief area and is not 

relevant to the substance of § 382.111(e). 

This typographical error is being 

corrected by changing ‘‘382.91(c)’’ to 

‘‘382.91(d)’’. 

In § 382.111(f), we state that a carrier 

must provide ‘‘[e]ffective 

communication with passengers who 

have vision impairments and/or who are 

deaf or hard-of-hearing, so that these 

passengers have timely access to 

information the carrier provides to other 

passengers * * *.’’ Two mistakes are 

being corrected by this amendment. 

First, the use of the term ‘‘and/or’’ in 

§ 382.111(f) can be read to require a 

carrier to provide deaf-blind passengers 

onboard the aircraft prompt access to 

information on such things as weather, 

on-board services, flight delays and 

connecting gates at the next airport. 

Contrary to this construction, we state 

in the preamble of the rule, on page 

27642, that because communications 

with deaf-blind passengers regarding 

constantly-changing information 

requires highly specialized training for 

the carrier staff, we have determined 

that it is inappropriate at this time to 

require carriers to provide all the 

information covered in § 382.119 to 

deaf-blind passengers, including flight 

delays, weather conditions at the flight’s 

destination, and boarding information, 

similar to the types of information 

referred to under § 382.111(f). This 

inconsistency was due to an editorial 

error which we are correcting by 

changing the term ‘‘and/or’’ in 

§ 382.111(f) to ‘‘or’’. Thus, § 382.111(f) 

applies only to passengers with a visual 

or a hearing disability, but not to deafblind passengers. 

We also state in the preamble of the 

rule, on pages 27640–41, after reviewing 

all the comments regarding the use of 

the term ‘‘prompt’’ versus ‘‘timely’’ with 

respect to wheelchair service, we 

decided to retain the ‘‘prompt’’ standard 

as we believe ‘‘prompt’’ is a clearer 

description of the actual standard than 

‘‘timely’’. Throughout the relevant 

provisions in the text of the rule, 

‘‘prompt’’ is used instead of ‘‘timely.’’ For 

instance, in § 382.53(a)(1), we require 

that a carrier must ensure that 

passengers with a disability who 

identify themselves as persons needing 

visual or hearing assistance have 

prompt access to the same information 

provided to other passengers at each 

gate. In § 382.119(a), we impose on 

carriers a similar standard for ensuring 

that passengers with those disabilities 

receive prompt access to the same 

information provided to other 

passengers onboard the aircraft. We 

inadvertently used the term ‘‘timely’’ in 

§ 382.111(f), which renders the 

provision in this subsection inconsistent 

with our stated intention and the other 

provisions in the rule. Therefore, the 

term ‘‘timely’’ in § 382.111(f) is being 

changed to ‘‘prompt.’’ 

In the rule as published in the Federal 

Register on May 13, 2008, §§ 382.151, 

382.153, and 382.155 refer to ‘‘a carrier 

providing scheduled service or a carrier 

providing nonscheduled service using 

aircraft with 19 or more passenger seats 

* * *.’’ The words ‘‘scheduled’’ and 

‘‘nonscheduled’’ do not add to the 

meaning of these sentences as the 

phrase ‘‘using aircraft with 19 or more 

passenger seats’’ applies to both 

scheduled and nonscheduled services. 

Consequently, we are striking the 

distinction between scheduled and 

nonscheduled service so that these 

provisions simply refer to ‘‘* * * a 

carrier providing service using aircraft 

with 19 or more passenger seats * * *.’’ 

In § 382.151(c)(1), we state that when 

a passenger raises a disability-related 

complaint or concern, the carrier 

personnel must ‘‘immediately inform the 

passenger of the right to contact a CRO 

and then contact a CRO on the 

passenger’s behalf or provide the 

passenger a means (e.g., a phone, a 

phone card plus the location and/or 

phone number of the CRO available at 

the airport).’’ In order to make the 

sentence complete, the phrase ‘‘to do so’’ 

is added after the phrase ‘‘provide the 

passenger a means.’’ 

III. Rulemaking Procedures 

Pursuant to section 553(b) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)), the Department can 

waive prior notice and opportunity for 

public comment on this action if it finds 

that notice and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest, and incorporates 

a statement of the finding and the 

reasons therefore in the notice. The 

revisions contained in this notice 

correct typographical and technical 

errors, omissions, and unclear language 

in the final rule. These corrections are 

necessary to ensure the clarity and 

accuracy of the final rule. Since all are 

minor and non-substantive, public 

comments on these revisions are 

unnecessary. Therefore, we find good 

cause to waive notice and comment 

procedures. 

IV. Correction of Errors 

In the preamble of the final rule 

published on Tuesday, May 13, 2008, 73 

FR 27614, the following corrections are 

made: 

A. Corrections to the Preamble 

1. On page 27619, in the third 

column, in the 11th line, replace the 


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Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 44887 

word ‘‘itself’’ with the word 

‘‘themselves’’. 

2. On page 27620, in the first column, 

in the 42nd line, add a period followed 

by two spaces between ‘‘airport)’’ and 

‘‘DOT’s’’. 

3. On page 27651, in the first column, 

in the 11th line, replace ‘‘382.5’’ with 

‘‘382.7.’’ 

4. On the same page, in the second 

column, in the 27th line, replace ‘‘382.5’’ 

with ‘‘382.7.’’ 

5. On page 27654, in the first column, 

in the 29th and the 30th lines, delete the 

first word ‘‘would’’ from the phrase ‘‘if 

doing so would would not result’’ so it 

reads ‘‘if doing so would not result’’. 

6. On the same page in the same 

column, in the 34th line, delete the 

word ‘‘should’’ from the phrase ‘‘service 

would should allow’’ so it reads ‘‘service 

would allow’’. 

7. On page 27665, in the first column, 

in the 35th and the 36th lines, revise the 

phrase ‘‘mall carrier use the same 

airport’’ so it reads ‘‘Small carriers using 

the same airport. * * *’’ 

8. On the same page, in the same 

column, in the 50th line, delete the 

word ‘‘a’’ that was between the words 

‘‘the’’ and ‘‘present’’ so the phrase reads 

‘‘the present value’’. 

B. Corrections to the Final Rule 

List of Subjects in 14 CFR Part 382 

Air carriers, Consumer protection, 

Individuals with disabilities, Reporting 

and recordkeeping requirements. 

■ Accordingly, 14 CFR Part 382 is 

corrected by making the following 

correcting amendments: 

PART 382—NONDISCRIMINATION ON 

THE BASIS OF DISABILITY IN AIR 

TRAVEL; STOWAGE OF 

WHEELCHAIRS, OTHER MOBILITY 

AIDS, AND OTHER ASSISTIVE 

DEVICES 

■ 1. The authority citation for Part 382 

continues to read as follows: 

Authority: 49 U.S.C. 41705. 

■ 2. In § 382.7, revise paragraph (f) to 

read as the follows: 

§ 382.7 To whom do the provisions of this 

Part apply? 

* * * * * 

(f) If you are an indirect carrier, 

§§ 382.1 through 382.15 of this Part 

apply to you. §§ 382.17 through 382.157 

of this Part do not apply to you except 

insofar as provided by § 382.11(b). 

* * * * * 

■ 3. In § 382.11, revise paragraph (b) to 

read as the follows: 

§ 382.11 What is the general 

nondiscrimination requirement of this Part? 

* * * * * 

(b) As an indirect carrier, you must 

comply with §§ 382.17 through 382.157 

of this Part when providing facilities or 

services to passengers that would have 

otherwise been provided by a direct air 

carrier. 

■ 4. In § 382.23, revise the last sentence 

of paragraph (d) to read as the follows: 

§ 382.23 May carriers require a passenger 

with a disability to provide a medical 

certificate? 

* * * * * 

(d) * * * If the results of this medical 

review demonstrate that the passenger, 

notwithstanding the medical certificate, 

is likely to be unable to complete the 

flight without requiring extraordinary 

medical assistance (e.g., the passenger 

has apparent significant difficulty in 

breathing, appears to be in substantial 

pain, etc.) or would pose a direct threat 

to the health or safety of other persons 

on the flight, you may take an action 

otherwise prohibited under § 382.21(a) 

of this Part. 

■ 5. In § 382.27, revise paragraph (a) to 

read as the follows: 

§ 382.27 May a carrier require a passenger 

with a disability to provide advance notice 

in order to obtain certain specific services 

in connection with a flight? 

(a) Except as provided in paragraph 

(b) of this section and §§ 382.133(c)(4) 

and (5) and 382.133 (d)(5) and (6), as a 

carrier you must not require a passenger 

with a disability to provide advance 

notice in order to obtain services or 

accommodations required by this Part. 

* * * * * 

§ 382.51 [Amended] 

■ 6. In § 382.51, amend the last sentence 

of paragraph (b) by replacing the word 

‘‘part’’ with ‘‘Part’’. 

■ 7. In § 382.111, revise the first 

sentence of paragraph (e) and revise 

paragraph (f) to read as the follows: 

§ 382.111 What services must carriers 

provide to passengers with a disability on 

board the aircraft? 

* * * * * 

(e) Assistance in stowing and 

retrieving carry-on items, including 

mobility aids and other assistive devices 

stowed in the cabin (see also 382.91(d)). 

* * * . 

(f) Effective communication with 

passengers who have vision 

impairments or who are deaf or hard-ofhearing, so that these passengers have 

prompt access to information the carrier 

provides to other passengers (e.g. 

weather, on-board services, flight 

delays, connecting gates at the next 

airport). 

■ 8. In § 382.151, revise paragraph (a) 

and amend paragraph (c)(1) by adding 

the phrase ‘‘to do so’’ after the phrase 

‘‘provide the passenger a means’’ to read 

as follows: 

§ 382.151 What are the requirements for 

providing Complaints Resolution Officials? 

(a) As a carrier providing service 

using aircraft with 19 or more passenger 

seats, you must designate one or more 

CROs. 

* * * * * 

■ 9. In § 382.153, revise the introductory 

text to read as the follows: 

§ 382.153 What actions do CROs take on 

complaints? 

When a complaint is made directly to 

a CRO for a carrier providing service 

using aircraft with 19 or more passenger 

seats, the CRO must promptly take 

dispositive action as follows: 

* * * * * 

■ 10. In § 382.155, revise paragraph (a) 

by eliminating the reference to 

scheduled and nonscheduled services 

so the pertinent language reads as 

follows: 

§ 382.155 How must carriers respond to 

written complaints? 

(a) As a carrier providing service 

using aircraft with 19 or more passenger 

seats, you must respond to written 

complaints received by any means (e.g., 

letter, fax, e-mail, electronic instant 

message) concerning matters covered 

buy this Part. 

* * * * * 

Issued on July 21, 2010 at Washington, DC, 

under authority delegated in 49 CFR 1.57(j). 

Robert S. Rivkin, 

General Counsel. 

[FR Doc. 2010–18531 Filed 7–29–10; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 732, 736, 740, and 748 

[Docket No. 080215200–91321–01] 

RIN 0694–AE27 

Foreign Direct Products of U.S. 

Technology 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) clarifies the scope of the 


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