[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Notices]
[Pages 9585-9587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03530]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0003]


Americans With Disabilities Act: Proposed Circular Amendment 1

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of availability of four additional proposed circular 
chapters and request for comments.

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SUMMARY: The Federal Transit Administration (FTA) has placed in the 
docket and on its Web site proposed guidance in the form of four 
additional circular chapters to help transportation providers meet the 
requirements of the U.S. Department of Transportation's (DOT) Americans 
with Disabilities Act (ADA) regulations. These proposed chapters 
include Chapter 1 (Introduction and Applicability), Chapter 2 (General 
Requirements), Chapter 5 (Equivalent Facilitation), and Chapter 8 
(Complementary Paratransit Service). Along with the proposed chapter on 
vehicle acquisition published on October 2, 2012, these chapters are 
part of a series of approximately 12 chapters that will compose a 
complete ADA circular. By this notice, FTA invites public comment on 
these four additional proposed circular chapters, as well as 
suggestions for specific issues to address in future chapters.

DATES: Comments must be submitted by April 21, 2014. Late-filed 
comments will be considered to the extent practicable.

ADDRESSES: You may submit comments to Docket No. FTA-2014-0003 by any 
of the following methods:
    Federal eRulemaking Portal: Go to www.regulations.gov and follow 
the online instructions for submitting comments.
    Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern time, 
Monday through Friday, except Federal holidays.
    Fax: (202) 493-2251.
    Instructions: You must include the agency name (Federal Transit 
Administration) and Docket number FTA-2014-0003 for this notice at the 
beginning of your comments. You should submit two copies of your 
comments if you submit them by mail. If you wish to receive 
confirmation that FTA received your comments, you must include a self-
addressed stamped postcard. Note that all comments received will be 
posted without change to www.regulations.gov including any personal 
information provided and will be available to Internet users. You may 
review DOT's complete Privacy Act Statement published in the Federal 
Register on April 11, 2000 (65 FR 19477). Docket: For access to the 
docket to read background documents and comments received, go to 
www.regulations.gov at any time or to the U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, 
West Building Ground Floor, Room W12-140,

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Washington, DC 20590 between 9:00 a.m. and 5:00 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For program questions, Dawn Sweet, 
Office of Civil Rights, Federal Transit Administration, 1200 New Jersey 
Avenue SE., Room E54-437, Washington, DC 20590, phone: (202) 366-4018, 
or email, [email protected]. For legal questions, Bonnie Graves, 
Office of Chief Counsel, same address, Room E56-306, phone: (202) 366-
4011, or email, [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Department of Transportation (DOT) issues regulations 
implementing the transportation and related provisions of the Americans 
with Disabilities Act (ADA) of 1990 and Section 504 of the 
Rehabilitation Act of 1973, as amended. The regulations at 49 CFR parts 
27, 37, 38, and 39 set forth specific requirements transportation 
providers must follow to ensure their services, vehicles, and 
facilities are accessible to and useable by people with disabilities. 
The body of regulations is vast, covering multiple modes of public 
transportation, including fixed route bus and rail (e.g., rapid, 
commuter, and light rail); ADA complementary paratransit; general 
public demand responsive service; and ferry service. The Federal 
Transit Administration (FTA), as an agency within DOT, is charged with 
ensuring that providers of public transportation comply with the 
regulations. In 2010, FTA initiated a comprehensive management review 
of the agency's core guidance to transit grantees on ADA and other 
civil rights requirements. A primary goal of the review was to assess 
whether FTA was providing sufficient, proactive assistance to grantees 
in meeting civil rights requirements, as opposed to reacting to 
allegations of failure to comply with the requirements. Based on the 
review, FTA identified the need to develop an ADA circular similar to 
the circulars long in place for other programs. The current body of 
statutes and regulations in the ADA area can be imposing, and in some 
cases, extremely technical. FTA recognized value to the transit 
industry and other stakeholders in compiling and organizing information 
by topic into a plain English, easy-to-use format.
    A circular does not alter, amend, supersede or otherwise affect the 
DOT ADA regulations themselves or replace or reduce the need for 
detailed information in the regulations. Its format, however, can 
provide a helpful outline of basic requirements with references to the 
applicable regulatory sections, along with examples of practices used 
by transit providers to meet the requirements. The examples of good 
practices are presented as local options; FTA recognizes that there are 
many different ways agencies can operationalize the regulatory 
requirements and ensure the delivery of compliant service.
    FTA proposed the phased development of a new circular, FTA C 
4710.1, with the initial proposed chapter focused on vehicle 
acquisition (See 77 FR 60170, Oct. 2, 2012, http://www.gpo.gov/fdsys/pkg/FR-2012-10-02/pdf/2012-24185.pdf). FTA will not publish final 
versions of individual chapters, but rather will publish one final 
circular after receiving notice and comment on individual chapters.
    Today's notice provides a summary of the four additional proposed 
chapters. These chapters do not contain any new requirements, policies, 
or directives. The chapters themselves are not included in this notice; 
an electronic version may be found on FTA's Web site, at 
www.fta.dot.gov. Paper copies of the circular may be obtained by 
contacting FTA's Administrative Services Help Desk, at (202) 366-4865. 
After the summary of the four new chapters, this notice describes FTA's 
approach for publishing subsequent chapters and seeks suggestions on 
specific issues to address in those chapters.
    After issuing the proposed chapter on vehicle acquisition in 
October 2012, FTA received 15 separate comments from individuals and 
organizations. A number of comments provided suggestions for modifying 
the format of the circular, including clearly distinguishing regulatory 
language from guidance, providing hyperlinks to the DOT ADA regulations 
and other important regulations, providing additional references, and 
cross-referencing other topics within the overall circular. FTA has 
incorporated many of these suggestions into the four additional 
proposed chapters issued with this amendment and has included 
additional examples of good practices and explanations of specific 
topics that benefit from elaboration. FTA welcomes additional comments 
on these format changes. FTA also received comments on the draft 
chapter itself, including some corrections and suggestions, which FTA 
will incorporate as appropriate, along with other general comments on 
the circular format, upon finalization of the entire circular.
    FTA encourages stakeholders to provide comments on the content of 
these four proposed chapters, as well as make suggestions for future 
chapters.

II. Summary of Circular Amendment 1

    Amendment 1 to the circular includes a table of contents for all 12 
proposed chapters, including contents for the previously published 
proposed chapter on vehicle acquisition (Chapter 4), as well as for 
Chapter 1 (Introduction and Applicability), Chapter 2 (General 
Requirements), Chapter 5 (Equivalent Facilitation), and Chapter 8 
(Complementary Paratransit Service). Chapter titles are presented for 
forthcoming chapters.
    Proposed Chapter 1, ``Introduction and Applicability,'' summarizes 
the content of the proposed 12 chapters in both narrative and tabular 
form. The discussion of applicability describes the requirements of 49 
CFR part 37 subpart B (Applicability). This discussion addresses the 
entities and transportation services addressed in the circular, with 
particular emphasis on services under contract or other arrangement and 
private entities receiving Section 5310 and Section 5311 funding. A 
discussion of requirements applicable to FTA grantees is presented 
next, followed by a section on the DOT Section 504 requirements, found 
in 49 CFR part 27. The next section addresses non-transportation ADA 
regulations (enforced by other agencies) that are potentially 
applicable to FTA grantees. Finally, the chapter discusses 
transportation services not addressed by this circular that other DOT 
operating administrations and other federal agencies enforce.
    Proposed Chapter 2, ``General Requirements,'' explains the 
regulations related to nondiscrimination and other crosscutting 
requirements applicable to fixed route (rail and non-rail), 
complementary paratransit and general public demand responsive 
services. Regulations addressed in this chapter are from 49 CFR part 37 
subparts A (General) and G (Provision of Service), with the exception 
of those subpart G requirements applicable only to fixed route service. 
The fixed route service requirements not addressed in Chapter 2 are 
addressed in forthcoming Chapter 6 (Fixed Route Service), which FTA 
will publish with a subsequent circular amendment. The Chapter 2 
discussion of nondiscrimination addresses the prohibition against 
discrimination and provides specific examples of prohibited practices.
    Section 2.3 of Chapter 2 addresses the 49 CFR part 37 subpart G 
provisions, including the requirements for

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accessible service and maintaining accessible features. This includes 
guidance on steps to take when accessibility features are damaged or 
out of order, including good practices for communicating outages to 
inviduals with disabilities and others. Subsection 2.3.2 addresses the 
crosscutting requirements for keeping lifts (and ramps) in operable 
condition and reporting lift failures and removing vehicles with 
inoperable lifts from service. (The requirements for alternative 
transportation applicable to fixed route service are discussed in 
forthcoming Chapter 6.) Subsection 2.3.3 addresses the requirements for 
using lifts and securements, with a discussion of the requirements to 
accommodate riders who use wheelchairs. This includes an explanation of 
when transit agencies may decline to carry a wheelchair/occupant as 
addressed in prior DOT rulemaking. Requirements for accommodating 
riders who use other mobility devices are then presented, followed by 
securement areas and securement systems, including permitted policies 
and procedures. This also addresses the tasks vehicle operators must 
peform such as assistance for securing wheelchairs and the use of 
securement systems, ramps, and lifts.
    Section 2.3 also addresses other service requirements such as the 
use of service animals and accessibility equipment, traveling with a 
respirator or portable oxygen supply, and providing information about 
transportation services, including making communications capacity 
available through accessible formats and technology. This is followed 
by a discussion of training requirements, including types of training 
(including refresher training) and the importance of having written 
policies and procedures.
    Proposed Chapter 5, ``Equivalent Facilitation,'' discusses the 
requirements for seeking a determination of equivalent facilitation for 
vehicles and facilities, as contained in 49 CFR part 37 subpart B under 
the standards for accessible vehicles and facilities, respectively. The 
chapter includes a discussion of important considerations when seeking 
a determination based on FTA's experience with prior requests. This 
includes recommended data collection, required and recommended 
submission materials, and public participation requirements for transit 
agencies and for manufacturers. The chapter concludes with a list of 
Do's and Don't's of equivalent facilitation requests.
    Proposed Chapter 8, ``Complementary Paratransit Service,'' 
addresses the requirements for complementary paratransit service as 
contained in 49 CFR part 37 subpart F, except for ADA paratransit 
eligibility, which is addressed in forthcoming Chapter 9. The chapter 
addresses the limited instances when an update to a paratransit plan 
may still be required. This is followed by a discussion of when transit 
agencies must follow specific public participation requirements 
associated with developing (or updating) paratransit plans and when 
proposing changes to reservations systems. This includes the 
requirement for transit agencies to create an ongoing mechanism for the 
participation of individuals with disabilities in the continued 
development and assessment of services.
    Proposed Chapter 8 then addresses which entities are required to 
provide complementary paratransit service and the specific exemptions 
for commuter bus, commuter rail, and intercity rail (Amtrak) services. 
This is followed by a discussion of each of the six complementary 
paratransit service criteria, including service area, trip reservations 
(response time), fares, operating without regard to trip purpose, hours 
and days of service, and operating without capacity constraints.
    The capacity constraints section provides a detailed discussion of 
prohibited practices, including the prohibition against limiting the 
number of trips, waiting lists, and any operational patterns or 
practices that limit complementary paratransit service availability. 
This includes policies and/or practices that yield poor service quality 
that discourages use of the complementary paratransit service, such as 
untimely service trip denials, missed trips, and/or excessive trip 
lengths. The discussion also provides examples of other potential 
limits to complementary paratransit service availability such as 
untimely drop-offs and poor telephone performance.
    Chapter 8 also addresses subscription service, including limits on 
subscription trips under certain circumstances. The chapter continues 
with a discussion of premium service that may exceed the minimum 
requirements. The chapter concludes with a discussion on requirements 
for dispatching accessible vehicles.

III. Publication Approach

    With the publication of the four additional proposed draft 
chapters, FTA has now published five of the approximately 12 chapters 
that will compose FTA's ADA circular, as explained in Chapter 1 
(Introduction and Applicability). When issued in its final form, the 
circular is intended to provide guidance specifically for recipients of 
FTA financial assistance that provide public transit. As such, 
requirements found in the DOT ADA regulations, for example, related to 
intercity rail (i.e., Amtrak), private motor coach service (e.g., 
Greyhound), taxi service, and airport transportation will not be 
addressed in the circular.
    Going forward, it is anticipated that the chapters will continue to 
be issued in groups. All chapters will be announced in the Federal 
Register for public notice and comment. FTA will not publish final 
versions of individual chapters, but rather will publish one final 
circular after receiving notice and comment on individual chapters.

IV. Conclusion

    FTA seeks comments on the scope and content of the four chapters of 
the circular addressed in Amendment 1 (Chapter 1 (Introduction and 
Applicability), Chapter 2 (General Requirements), Chapter 5 (Equivalent 
Facilitation), and Chapter 8 (Complementary Paratransit Service)). FTA 
is seeking comments specifically as to whether there are areas in each 
of these chapters that need more clarification or explanation, topics 
that were overlooked, and areas where regulatory requirements are not 
clearly distinguished. We are also seeking examples of local practices 
that have proven effective that would be worth describing in the 
circular.
    FTA continues to seek suggestions on which issues we should address 
in future chapters. Specifically, FTA seeks comments on which issues 
the industry finds most challenging to address, and in what areas 
guidance would be most valuable to transportation providers.

Therese W. McMillan,
Deputy Administrator.
[FR Doc. 2014-03530 Filed 2-18-14; 8:45 am]
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