National Fed. of the Blind v. DOT, No. 15-1026 (D.C. Cir. 2016)
Annotate this CaseNFB filed suit challenging the DOT's rule requiring that air carriers begin to purchase ticketing kiosks accessible to blind persons within three years of the rule taking effect so that 25 per cent of kiosks eventually will be blind-accessible. The district court concluded that it lacked jurisdiction under 49 U.S.C. 46110(a) because the rule is an “order” over which the court of appeals has exclusive jurisdiction. The district court did not dismiss the complaint, but instead, transferred it to this court re-styled as a petition for review. NFB subsequently filed a notice of appeal - which the court construed as a petition for a writ of mandamus - challenging the district court’s conclusion that it lacked jurisdiction. The court concluded that section 46110(a) includes review of DOT rulemakings. The court did not reach NFB’s arguments on the merits because the court concluded that the district court lacked jurisdiction of NFB’s complaint and that reasonable grounds do not excuse NFB’s untimely filing.
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