14 CFR Parts 382 and 399; 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Air Travel: Accessibility of Web Sites and Automated Kiosks at U.S. Airports - Preamble

B. Executive Order 13132 (Federalism)

This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). This final rule does not include any provision that: (1) Has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government; or (2) imposes substantial direct compliance costs on State and local governments. With regard to preemption, this final rule preempts State law in the area of disability civil rights in air transportation. However, State regulation in this area is already expressly preempted by the Airline Deregulation Act, which prohibits States from enacting or enforcing a law “related to a price, route, or service of an air carrier.”  ⁽⁵⁷⁾ Furthermore, the ACAA occupies the field in the area of nondiscrimination in air travel on the basis of disability. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.