T. 12-22-93
Control No. 3121628888

										FEB 2


The Honorable Paul D. Wellstone
United States Senator
2550 University Avenue West, #100N
St. Paul, Minnesota 55114

Dear Senator Wellstone:

	This letter is in response to your inquiry on behalf of your
constituent,       XX          who is concerned that airline
policies regarding the use of oxygen on commercial airline
flights discriminates against individuals with disabilities in
violation of the Americans with Disabilities Act (ADA).

	Airlines are not subject to the ADA; however, they are
subject to the Air Carrier Access Act of 1986, which prohibits
discriminatory treatment of people with disabilities when
travelling by air. The Air Carrier Access Act is enforced by the
U.S. Department of Transportation.

	Because the issues raised by     XX      are not within the
jurisdiction of the Department of Justice, we have referred this
matter to the Department of Transportation for appropriate
action. I have enclosed a copy of the referral.

	I hope this information will be helpful to you in responding
to your constituent.

                                       Sincerely,




                                    James P. Turner
                             Acting Assistant Attorney General
                                    Civil Rights Division

Enclosure





cc:  Records, Chrono, Wadatch, Blizard, McDowney, FOIA, Friedlander
n:\udd\blizard\control\wellston


01-02904