U.S. Department

of Transportation

Federal Aviation

Administration 

# Advisory

Circular

Subject: Access to Airports by Individuals with

Disabilities Date: Draft

Initiated By: AAS

- 100 AC No: 150/ 5360

- 14A

Change:

1 Purpose. 1

This Advisory Circular (AC) is designed to assist airports in complying with the laws 2

and regulations regarding individuals with disabilities by: (1) identifying the relevant 3

statutes and regulations affecting airports; (2) presen ting the main features of each of 4

the statutes and regulations; and (3) listing sources of assistance or additional 5

information. It presents and reconciles the federal accessibility regulations 6

implementing the Americans with Disabilities Act of 1990 (ADA ); the Air Carrier 7

Access Act of 1986 (ACAA) as amended; the Rehabilitation Act of 1973, as amended 8

(RA); and the Architectural Barriers Act of 1968, as amended (ABA) which affect the 9

architectural or program accessibility of airports in the U. S. transpor tation system and 10

employment opportunities at these airports for individuals with disabilities. 11

2 Cancellation. 12

This AC cancels AC 150/5360

- 14, Access to Airports by Individuals with Disabilities, 13

dated June 30, 1999

. 14

3 Application. 15

This AC applies to air ports operated by public entities and those receiving federal 16

financial assistance. The AC implements the objectives set forth in the ADA to provide 17

technical assistance to assist entities and persons affected by its requirements to 18

understand the law and implementing regulations. This AC has been broadened from 19

the previous version to provide technical assistance on the ABA, the RA, and the 20

ACAA, since these also affect the entities and persons subject to or covered by the 21

ADA. As this AC focuses on cur rent requirements, details about actions required to 22

have been completed before the effective date of this AC are not provided. 23

To assist airports in providing required Service Animal Relief Areas (SARA), this AC 24

provides a set of standards recommended for SARAs at all civil use airports. In general, 25

use of this AC is not mandatory. However, use of the standards in this AC is mandatory 26MM/DD/YY D R A F T AC 150/ 5360

- 14A

ii for all SARA projects funded under the Airport Improvement Program (AIP) or with 27

revenue from the Passenger Facility Charge s (PFC) program. 28

4 Principal Changes. 29

This Advisory Circular revision provides new design guidance for Service Animal 30

Relief Areas (SARA), captures new information on web links for service animal 31

training schools, includes new information about associatio ns advocating accessibility 32

needs, and updates contact information for the FAA Office of Airport Disability 33

Compliance Program (ADC). 34

5 Feedback on this AC. 35

If you have suggestions for improving this AC, you may use the Advisory Circular 36

Feedback form at the end of this AC. 37

Michael J. O’Donnell 38

Director of Airport Safety and Standards 39MM/DD/YY D R A F T AC 150/ 5360

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CONTENTS

Paragraph Page

iii Chapter 1. Introduction

................................ ................................ ................................ ............. 1

- 1 40

1.1 Bas is.

................................ ................................ ................................ ............................. 1

- 1 41

1.2 Legal Requirements.

................................ ................................ ................................ ..... 1

- 1 42

1.3 Architectural Standards.

................................ ................................ ................................ 1

- 4 43

1.4 Related Reading Material.

................................ ................................ ............................ 1

- 4 44

1.5 Technical Assistance.

................................ ................................ ................................ .... 1

- 5 45

1.6 Definitions.

................................ ................................ ................................ .................... 1

- 6 46

Chapter 2. Basic Regulatory Requirements of the ADA, Section 504, and the ACAA.

.......... 2

- 1 47

2.1 Overview.

................................ ................................ ................................ ...................... 2

- 1 48

2.2 Administrative Requirements.

................................ ................................ ...................... 2

- 2 49

2.3 Employment.

................................ ................................ ................................ ................. 2

- 4 50

2.4 Program Accessibility.

................................ ................................ ................................ .. 2

- 5 51

2.5 Physical Accessibility.

................................ ................................ ................................ .. 2

- 5 52

2.6 Communications.

................................ ................................ ................................ .......... 2

- 7 53

2.7 Vehicle and Transportation Systems Accessibi lity.

................................ ...................... 2

- 8 54

2.8 Aircraft and Air Carrier Facility Accessibility.

................................ ............................ 2

- 9 55

2.9 Conditions Not Considered Disabilities.

................................ ................................ ..... 2

- 11 56

Chapter 3. Technical Assistance

................................ ................................ ............................... 3

- 1 57

3.1 FAA Office of Civil Rights and the Airport Disability Compliance Program Staff.

... 3

- 1 58

3.2 Non

- discrimination Legislation.

................................ ................................ ................... 3

- 1 59

3.3 Accessibility Standards.

................................ ................................ ................................ 3

- 1 60

3.4 Dis ability/Accessibility Organizations.

................................ ................................ ........ 3

- 2 61

Chapter 4. Transition Plans

................................ ................................ ................................ ....... 4

- 1 62

4.1 Transition Plan Standards.

................................ ................................ ............................ 4

- 1 63

4.2 Existing Facilities.

................................ ................................ ................................ ......... 4

- 1 64

4.3 Periodic Reviews.

................................ ................................ ................................ ......... 4

- 1 65

Chapter 5. Overview of Archit ectural Barriers Act

................................ ................................ .. 5

- 1 66

5.1 Architectural Barriers Act (ABA).

................................ ................................ ................ 5

- 1 67MM/DD/YY D R A F T AC 150/ 5360

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iv Appendix A. Standards for Service Animal Relief Areas (SARA)

................................ ......... A

- 1 68

FIGURES 69

Number Page 70

Figure A

- 1. SARA Signage

................................ ................................ ................................ ........ A

- 3 71

72

TABLES 73

Number Page 74

Tab le 2

- 1. Summary of Regulatory Requirements

................................ ................................ ...... 2

- 2 75

76MM/DD/YY D R A F T AC 150/ 5360

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1

- 1 CHAPTER 1. INTRODUCTION 77

1.1 Basis

. 78

This AC is based on federal regulations and standards. The architectural standards, in 79

many instances, also have been published as regulations or appendice s to those 80

regulations, or have been established as requirements through regulatory action. The 81

architectural standards, including those published as regulations, are listed in Paragraph 82

1.3 of this AC. Other federal regulati ons dealing with requirements under the 83

accessibility statutes that serve as basis for this AC appear in Paragraph 1.2 . In some 84

cases, more than one regulation, and hence more than one standard, may apply. In such 85

instances, if there is a difference among regulations and standards, the more stringent 86

requirement applies. 87

1.2 Legal Requirements. 88

The following were used as a basis for this AC: 89

1.2.1 Rehabilitation Act (RA). 90

This AC covers only the airport's responsibilities under Secti on 504 of the RA (Section 91

504), as it applies to FAA financial assistance programs. Section 504 prohibits 92

discrimination against any qualified individual with a disability solely by reason of his 93

or her disability in any program or activity receiving fede ral financial assistance or 94

under any federally conducted program or activity. Section 504 applies to services, 95

programs, and activities provided by recipients of federal financial assistance, either 96

directly or through contractual, licensing, or other ar rangements. It also covers 97

employment and physical accessibility. To be in compliance with Section 504, 98

recipients must also comply with all applicable regulations under the ADA, focusing on 99

six major CFR parts. These are: 100

1. 29 CFR part 1630, Regulation s to Implement the Equal Employment Provisions of 101

the Americans with Disabilities Act, 102

2. 9 CFR part 1640, Procedures for Coordinating the Investigation of Complaints or 103

Charges of Employment Discrimination Based on Disability Subject to the 104

Americans with D isabilities Act and Section 504 of the Rehabilitation Act Of 1973, 105

3. 28 CFR part 35, Nondiscrimination on the Basis of Disability in State and Local 106

Government Services, 107

4. 28 CFR part 36, Nondiscrimination on the Basis of Disability by Public 108

Accommodations and in Commercial Facilities, 109

5. 49 CFR part 37, Transportation Services for Individuals with Disabilities (ADA), 110

and 111

6. 49 CFR part 38, Americans With Disabilities Act (ADA) Accessibility 112

Specifications for Transportation Vehicles. 113MM/DD/YY D R A F T AC 150/ 5360

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1

- 2 1.2.1.1 Department of Transportatio n (DOT) Final Rule, 49 CFR part 27, 114

Nondiscrimination on the Basis of Disability in Programs or Activities 115

Receiving Federal Financial Assistance. 116

This final rule implements Section 504 of the RA of 1973. 117

1.2.1.2 DOT Final Rule, 49 CFR part 37. 118

This part was a mended to make it compatible with ADA requirements, 119

and makes compliance with Section 504 of the RA dependent upon 120

compliance with the requirements of the ADA. It also clarifies that the 121

Section 504 requirements apply to private parties receiving federal 122

financial assistance, as well as to public entities receiving such assistance. 123

Finally, it clarifies that entities subject to 49 CFR part 37, implementing 124

the ADA, must utilize the design, construction, and alteration standards in 125

Appendix A of 49 CFR par t 37. 126

1.2.2 Air Carrier Access Act (ACAA)

. 127

DOT Final Rule, 14 CFR part 382, Nondiscrimination on the Basis of Disability in Air 128

Travel. This final rule implements the ACAA of 1986. The ACAA provides that no air 129

carrier may discriminate against any otherwise qualified individual with a disability, by 130

reason of such disability in the provision of air transportation. The ACAA covers 131

aircraft accessibility; airport facilities that air carriers own, lease, operate, or otherwise 132

control (similar regulations are un der 49 CFR part 27); and issues related to provision of 133

services, such as refusal of service, seat assignments, stowage of personal equipment, 134

boarding and deplaning, accommodations, service animals, etc. DOT’s regulation 135

implementing the ACAA is found in 14 CFR part 382, which was amended to apply to 136

foreign carriers, effective May 13, 2009. 1 137

1.2.3 Americans with Disabilities Act (ADA)

. 138

The ADA is the first federal statute to protect individuals from discrimination based on 139

disability regardless of whether t hey are seeking employment or access to services from 140

a public or private entity or from an agency that receives federal financial assistance. 141

The ADA guarantees equal opportunity for individuals with disabilities in public 142

accommodations, employment, tra nsportation, state and local government services, and 143

telecommunications. It extends comprehensive civil rights protection to individuals 144

with disabilities. The ADA has five separate titles, which are briefly described below. 145

1 Some ACAA provisions overlap with those of 49 CFR part 27, as discussed in Chap ter 2.MM/DD/YY D R A F T AC 150/ 5360

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1

- 3 1.2.3.1 Title I

- Employment

– 29 CF R part 1630, Regulations to Implement 146

the Equal Employment Provisions of the ADA; 29 CFR part 1602, 147

Recordkeeping and Reporting Requirements under Title VII, the 148

ADA and GINA (Genetic Information Nondiscrimination Act), and 29 149

CFR part 1627, Records to Be Made or Kept Relating to Age: Notices 150

to Be Posted. 151

These rules were issued by the Equal Employment Opportunity 152

Commission (EEOC). Title I prohibits discrimination in employment on 153

the basis of disability. 154

1.2.3.2 Title II

- Services, Programs, and Activities. 155

Title II prohibits discrimination on the basis of disability by public 156

entities. Public entities include (1) any state or local government; and (2) 157

any department, agency, special purpose district, or other instrumentality 158

of a state or states or local go vernment. 159

1.2.3.2.1 Subtitle A

- State and Local Governments, 28 CFR part 35, 160

Nondiscrimination on the Basis of Disability in State and Local 161

Government Services

. 162

Title II, Subtitle A applies to all services, programs, or activities made 163

available by a public en tity, regardless of whether it receives federal 164

financial assistance. This rule was issued by the Department of Justice 165

(DOJ). 166

1.2.3.2.2 Subtitle B

- Transportation Provided by Public Entities, 49 CFR parts 27, 167

37, and 38, regarding transportation for individuals w ith disabilities

. 168

An airport owned by a public entity is required to comply with only those 169

provisions of 49 CFR parts 37 and 38 pertaining to designated or fixed 170

route public transportation systems, found in Sections 37.33(a) and (b). 171

This rule was iss ued by the DOT. 172

1.2.3.3 Title III

- Places of Public Accommodation by Private Entities, 28 173

CFR part 36. 174

This rule was issued by DOJ. Title III of the ADA addresses public 175

accommodations, defined generally as private entities that affect 176

commerce. Privately own ed airports and airport facilities operated by 177

concessionaires are subject to Title III of the ADA and DOJ regulations in 178

28 CFR part 36. However, even though a concessionaire is not subject to 179

Title II, the airport is responsible to ensure that its lesse es operate their 180

businesses in a manner which allows the airport to meet its Title II 181

obligations. DOT regulations in 49 CFR parts 37 and 38 also cover Title 182

III. Taxi service providers operating at an airport and private jitney or 183

shuttle service betwee n an airport and the surrounding area are subject to 184

49 CFR Sections 37.5, 37.29, and 37.33(c). Transportation services 185

provided by hotel and car rental concessionaires are subject to 49 CFR 186

part 37 (See 49 CFR Section 37.37(b)). 187MM/DD/YY D R A F T AC 150/ 5360

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1

- 4 1.2.3.4 Title IV. 188

Title IV of t he ADA addresses telecommunications. This AC does not 189

address any responsibilities under Title IV, since Title IV addresses the 190

responsibilities of telecommunications providers, e.g., 191

Telecommunications Services for Hearing

- Impaired and Speech

- Impaired 192

In dividuals. (47 U.S.C. § 225). 193

1.2.3.5 Title V. 194

Title V of the ADA addresses a number of miscellaneous matters, 195

including the provision giving the United States Architectural and 196

Transportation Barriers Compliance Board (ATBCB

– commonly known 197

as Access Board) t he authority to issue minimum guidelines and 198

requirements for accessible design for facilities covered by Titles II and III 199

of the ADA. Under that authority, this independent federal agency 200

promotes equality for people with disabilities through accessible design, 201

and accessibility guidelines and standards. These guidelines, when 202

adopted and modified, as needed, by standards

- setting agencies like the 203

DOT and DOJ are called Architectural Standards. 204

1.3 Architectural Standards. 205

The following architectural stand ards were used as a basis for this AC: 206

1.3.1 Americans with Disabilities Act ADA Standards for Accessible Design

. 207

The ADA standards are issued by DOJ and DOT, and apply to facilities covered by the 208

ADA in new construction and alterations. DOJ’s standards appl y to all facilities 209

covered by the ADA, except public transportation facilities, which are subject to DOT’s 210

standards. Both standards are very similar and are closely based on the Board’s ADA 211

Accessibility Guidelines (ADAAG). However, each contains a few unique provisions, 212

which are included in the 2010 edition of the standards. http://www.access

213

board.gov/guidelines

- and

- standard s/buildings

- and

- sites/about

- the

- ada

- standards/ada

214

standards

. 215

1.3.2 Architectural Barriers Act Accessibility Standards (ABAAS)

. 216

The ABA Accessibility Standards have been adopted by the General Services 217

Administration (GSA), the Department of Defense (DOD), and the U.S. Postal Service 218

(USPS). (The USPS standards do not include the non

- mandatory advisory notes.) 219

http://www.access

- board. gov/guidelines

- and

- standards/buildings

- and

- sites/about

- the

220

aba

- standards/aba

- standards

. 221

1.4 Related Reading Material. 222

1. DOJ ADA, Title II, Technical Assistance Manual, and Supplements, 223

http://www.ada.gov/taman2.htm l

. 224MM/DD/YY D R A F T AC 150/ 5360

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1

- 5 2. DOJ ADA, Title III, Technical Assistance Manual, and Supplement, 225

http://www.ada.gov/taman3.html

. 226

3. DOJ ADA Best Practices Tool Kit for State and Local Governments, 227

http://www.ada.gov/pcatoolkit/toolkitmain.htm

. 228

4. FAA AC No. 150/5360

- 12, Airport Signing and Graphics, 229

http ://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.cu 230

rrent/documentNumber/150_5360

- 12

. 231

5. FAA AC No. 150/5220

- 21, Aircraft Boarding Equipment, 232

http://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.cu 233

rrent/documentNumber/150_5220

- 21

. 234

1.5 Technical Assistance. 235

1.5.1 FAA Office of Civil Rights (ACR)

. 236

The office with primary responsibility for assisting airports in meeting accessibility 237

requirements is ACR. This office, and specifically the Airport Disability Compliance 238

Program (ADC P) staff, are responsible for investigating complaints of discrimination 239

filed under the ADA and Section 504 and for conducting periodic reviews of airports’ 240

compliance with Section 504. ADCP staff provides technical assistance to airports, 241

other public a irports, and organizations as needed to facilitate compliance with program 242

requirements. ADCP staff and ACR must also provide appropriate assistance to 243

members of the public who need additional information on compliance requirements, 244

including copies of t he regulations and information on filing a complaint of 245

discrimination or reporting a violation of the regulations. They may be contacted at: 246

Airport Disability Compliance Program 247

Federal Aviation Administration

– Office of Civil Rights 248

2300 East Devon Av enue, Suite 440 249

Des Plaines, IL 60018 250

(847) 294

- 7209 251

Fax: (847) 294

- 7265 252

TTY: (800) 526

- 0844 253

Email: 9

- AGL

- ADA

- 504@faa.gov 254

1.5.2 FAA Airports Offices

. 255

Assistance is also available from FAA Airports Regional and Di strict Offices. Find the 256

appropriate servicing office at: 257

http://www.faa.gov/airports/news_information/contact_info/regional/

. 258MM/DD/YY D R A F T AC 150/ 5360

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1

- 6 1.6 Definitions. 259

1.6.1 Airport Operator

. 260

Public agen cy or private entity that has ownership and/or management control (short

261

term and long

- term planning, financial performance, maintenance, operation) of an 262

airport. 263

1.6.2 Auxiliary Aids and Services

. 264

Qualified interpreters, note takers, transcription services, w ritten materials, telephone 265

handset amplifiers, assistive listening devices, assistive listening systems, telephones 266

compatible with hearing aids, closed caption decoders, open and closed captioning, 267

Telecommunications Device for the Deaf (TDD), videotext displays, or other effective 268

methods of making aurally delivered materials available to individuals with hearing 269

impairments; qualified readers, taped texts, audio recordings, brailed materials, large 270

print materials, or other effective methods of making v isually delivered materials 271

available to individuals with visual impairments; acquisition or modification of 272

equipment or devices; and other similar services and actions. (28 CFR § 35.104). 273

1.6.3 Commercial Service Airport

. 274

A public airport that enplanes 2,500 or more passengers annually and receives 275

scheduled passenger aircraft service. (49 U.S.C. § 47102)(7)). 276

1.6.4 Concessionaire

. 277

A firm that owns and controls a concession or a portion of a concession. (49 CFR § 278

23.3). 279

1.6.5 Designated Public Transportation

. 280

Transp ortation provided by a public entity (other than public school transportation) by 281

bus, rail, or other conveyances (other than transportation by aircraft or intercity or 282

commuter rail transportation) that provides the general public with general or special 283

service, including charter service, on a regular and continuing basis. (49 CFR § 37.3). 284

1.6.6 Disability

. 285

With respect to an individual, a physical or mental impairment that substantially limits 286

one or more major life activities of such individual; a record o f such an impairment; or 287

being regarded as having such an impairment. (28 CFR § 35.104). The November 1, 288

1996, amendment to 49 CFR part 27 and 14 CFR part 382 substituted the term 289

"disability" in lieu of "handicap" to reflect an amendment to Section 504 and to be 290

consistent with the ADA, ADAAA, and ACAA. 291

1.6.7 Discrimination

. 292

Denying a person with disabilities the opportunity to participate in or benefit from any 293

program or activity receiving federal financial assistance. (49 CFR § 27.5). 294MM/DD/YY D R A F T AC 150/ 5360

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1

- 7 1.6.8 Facility

. 295

1.6.8.1 For pur poses of Section 504, the term “facility” means any or all portion 296

of buildings, structures, vehicles, equipment, roads, walks, parking lots, or 297

other real or personal property or interest in such property. (49 CFR § 298

27.5). 299

1.6.8.2 For purposes of Title II of th e ADA, the term “facility” means any or all 300

portions of buildings, structures, sites, complexes, equipment, rolling 301

stock or other conveyances, roads, walks, passageways, parking lots, or 302

other real or personal property, including the site where the buildi ng, 303

property, structure, or equipment is located. (28 CFR § 35.104). 304

1.6.9 Federal Financial Assistance

. 305

Any grant, loan, contract (other than a procurement contract or a contract of insurance 306

or guaranty), or any other arrangement by which the DOT provides or otherwise makes 307

available assistance in the form of: 308

1. Funds; 309

2. Services of federal personnel; and 310

3. Real or personal property or any interest in, or use of such property, including: 311

a. Transfers or leases of such property for less than fair market value or fo r 312

reduced consideration; and 313

b. Proceeds from a subsequent transfer or lease of such property if the federal 314

share of its fair market value is not returned to the Federal Government (49 CFR 315

§ 27.5). 316

1.6.10 Fixed Route System

. 317

A system of transporting individuals ( other than by aircraft), including the provision of 318

designated public transportation service by public entities and the provision of 319

transportation service by private entities, including, but not limited to, specified public 320

transportation service, on whic h a vehicle is operated along a prescribed route according 321

to a fixed schedule. (49 CFR § 37.3). 322

1.6.11 Primary Airport Recipient

. 323

Any airport operator authorized or required to extend federal financial assistance from 324

the DOT to another airport operator for t he purpose of carrying out a program. (49 CFR 325

§ 27.5). Note that for the purposes of this AC, the word primary does not relate to the 326

activity level of the airport. 327

1.6.12 Public Accommodation

. 328

A private entity that owns, is the lessee (or lessor) of, or oper ates a place of public 329

accommodation. (28 CFR § 36.104). 330MM/DD/YY D R A F T AC 150/ 5360

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1

- 8 1.6.13 Qualified Individual

. 331

An individual who, with or without reasonable modifications to rules, policies, or 332

practices, the removal of architectural, communication, or transportation barriers, or the 333

provision of auxiliary aids and services, meets the essential eligibility requirements for 334

the receipt of services or the participation in programs or activities provided by an 335

airport operator. (28 CFR § 35.104). 336

1.6.14 Regarded as having such an Impairment

. 337

A n individual who has a physical or mental impairment that does not substantially limit 338

major life activities, but who is treated by a public or private entity as constituting such 339

a limitation; has a physical or mental impairment that substantially limits a major life 340

activity only as a result of the attitudes of others toward such an impairment; or has 341

none of the impairments defined but is treated by a public or private entity as having 342

such an impairment. (49 CFR § 37.3). 343

1.6.15 Recipient

. 344

Any State, territo ry, possession, the District of Columbia, or Puerto Rico, or any 345

political subdivision thereof, or instrumentality thereof, any public or private agency, 346

institution, organization, or other entity, or any individual in any State, territory, 347

possession, the District of Columbia, or Puerto Rico, to whom federal financial 348

assistance from the DOT is extended directly or through another recipient, including 349

any successor, assignee, or transferee thereof, but such term does not include any 350

ultimate beneficiary. (49 CFR § 27.7). 351

1.6.16 Service Animal

. 2 352

Any guide dog, signal dog, or other animal individually trained to do work or perform 353

tasks for the benefit of an individual with a disability, including, but not limited to, 354

guiding individuals with impaired vision, al erting individuals with impaired hearing to 355

intruders or sounds, providing minimal protection or rescue work, providing emotional 356

support, pulling a wheelchair, or fetching dropped items. (49 CFR § 37.3). 357

1.6.17 Sponsor

. 358

A public agency or private owner of a pu blic

- use airport that submits to the DOT an 359

application for financial assistance. (U.S.C. § 47102 (26)). 360

1.6.18 Sterile Area

. 361

A portion of an airport, specified in the airport security program, in which certain 362

security measures specified in 49 CFR part 1542, Ai rport Security, are carried out. This 363

area is where aircraft operators and foreign air carriers that have a security program 364

under 49 CFR part 1544, Aircraft Operator Security: Air Carriers and Commercial 365

Operators, or part 1546, Foreign Air Carrier Secur ity, enplane and deplane passengers, 366

2 A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a

miniature horse by an individual with a disability if the miniature horse has been individually trained to do work or

perform tasks fo r the benefit of the individual with a disability. (28 CFR § 35.136).MM/DD/YY D R A F T AC 150/ 5360

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1

- 9 and sort and load baggage. Also includes any adjacent areas that are not separated by 367

adequate security measures. (49 CFR part 1540, Civil Aviation Security: General 368

Rules). 369

1.6.19 Terminal

. 370

For the purposes of this AC, a t erminal is a distinct area common to and prior to any 371

Transportation Security Administration (TSA) checkpoint, or a distinct sterile area 372

common to and beyond one or more TSA checkpoints. Each non

- sterile area that is 373

housed in a separate building is cons idered a separate terminal, and any sterile area that 374

can be accessed only through a specific checkpoint or checkpoints is considered a 375

separate terminal. 376MM/DD/YY D R A F T AC 150/ 5360

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1

- 10 Page Intentionally Blank 377MM/DD/YY D R A F T AC 150/ 5360

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2

- 1 CHAPTER 2. BASIC REGULATORY REQ UIREMENTS OF THE ADA , SECTION 504, AND 378

THE ACAA. 379

2.1 Overvie w. 380

2.1.1 This chapter provides a framework for understanding the basic requirements of the 381

various laws and regulations, indicating where they overlap and where they vary. 382

Because airports have limited obligations under 49 CFR parts 37 and 38 and 14 CFR 383

part 38 2, this chapter focuses primarily on the DOJ Title II regulation, 28 CFR part 35, 384

and the DOT Section 504 regulation, 49 CFR part 27. 385

2.1.2 To be in compliance with Section 504, an airport operator must comply with: 386

1. All applicable requirements of the ADA, as am ended (42 U.S.C. § 12101, Findings 387

and purpose, and 42 U.S.C. § 12213, Severability); 388

2. DOT’s ADA regulations (49 CFR parts 37 and 38); 389

3. Regulations of DOJ implementing Title II of the ADA (28 CFR part 35); 390

4. Regulations of the EEOC implementing Title I of t he ADA (29 CFR part 1630 and 391

49 CFR § 27.l9 (a)); and 392

5. 49 CFR part 27, which requires airports to ensure that terminal facilities and 393

terminal services are readily accessible to and usable by individuals with 394

disabilities, including individuals using wheel chairs. 395

2.1.3 Table 2

- 1 provides the citations for Title I, II, and III of the ADA, Section 504, and the 396

ACAA, the location of the implementing regulations, and specifies the entities to which 397

the legislation and regulat ions apply. 398MM/DD/YY D R A F T AC 150/ 5360

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2

- 2 Table 2

- 1

. Summary of Regulatory Requirements 399

The following

statutory

requirement... Is codified at... Is implemented in the

following regulation... And applies to the following

entities

Title I o f the ADA 42 U.S.C. §

12112 Pub. L.

101

– 336, title I,

§ 102 29 CFR part 1630

http://www.ecfr.gov Any private or public entity

that employs more than 15

people

Title II of the ADA 42 U.S.C. 12132

Pub. L. 101

– 336,

title II, § 202 28 CFR part 35

http://www.ecfr.gov Public entities; a ll activities,

services, and programs of

state and local government

Title III of the

ADA 42 U.S.C. 12182

Pub. L. 101

– 336,

title II, § 302 28 CFR part 36

http://www.ecfr.gov Any public services and

accommodations operated by

private entities

Section 504 of the

RA of 1973 (Public

Law 93

- 112) 29 U.S.C. § 794 49 CFR part 27

http://www.ecfr.gov Programs receiving federal

financial assistance

Air Carrier Access

Act of 1986 49 U.S.C. §

41705 14 CFR part 382

http://www.ecfr.gov U.S. and foreign air carriers

2.2 A dministrative Requirements. 400

2.2.1 Coordinators

. 401

Airports are required to coordinate efforts to comply with the applicable regulations, 402

including the investigation of complaints alleging its noncompliance with these 403

regulations or alleging any actions that woul d be prohibited by these regulations under: 404

1. Title II of the ADA (28 CFR § 35.107(a)); and 405

2. Section 504 regulations (49 CFR § 27.13(a)). 406

2.2.2 Complaint Procedures

. 407

Airports with 15 or more employees are required to adopt complaint procedures for the 408

prompt an d equitable resolution of complaints alleging violations of Section 504 and 409

Title II of the ADA. 410

1. Title II of the ADA. 28 CFR § 35.107(b) requires entities that employ 50 or more 411

persons to adopt and publish grievance procedures. 412

2. Section 504. 49 CFR § 27. 13(b) requires airports that employ 15 or more persons to 413

adopt procedures that incorporate appropriate due process standards (prompt and 414

equitable resolution of complaints). 415

2.2.3 Notice

. 416

Title II of the ADA and Section 504 require notice to various parties o f the relevant 417

regulations. 418MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 3 2.2.3.1 Title II of the ADA. 419

28 CFR § 35.106 requires airports to provide notice to "applicants, 420

participants, beneficiaries, and other interested persons" information 421

regarding the provisions of this part and its applicability to the services, 422

programs, or activities of the public entity, and make such information 423

available to them in such manner as the head of the entity finds necessary 424

to apprise such persons of the protections against discrimination assured 425

them by the Act and this part; and 426

2.2.3.2 Section 504. 427

49 CFR § 27.15 requires airports to take appropriate initial and continuing 428

steps to notify "participants, beneficiaries, applicants, and employees" 429

including those with hearing and vision impairments, and to unions. The 430

notice m ust include the following information: 431

1. The airport operator does not discriminate on the basis of disability in 432

admission to, access to, treatment of, or employment in its programs, 433

services, and activities; and 434

2. Identification of its designated Coordinator . See Appendix C. 435

2.2.4 Self

- Evaluations

. 436

Airports are required to review their programs, activities, services, policies, and 437

practices, to evaluate their compliance with the applicable regulations, and to take any 438

appropriate remedial action. Both the ADA a nd Section 504 require that the airport 439

provide for the participation of interested persons, including persons with disabilities, 440

and organizations representing persons with disabilities in the evaluation. 441

2.2.4.1 ADA. 442

28 CFR § 35.105 requires all entities to co nduct the evaluation. All 443

airports should have completed this process and met all requirements. 444

While this requirement to conduct a self

- evaluation is not extended in the 445

revised regulations, and because many Section 504 self

- evaluations were 446

conducted a s long as four decades ago and programs tend to change, DOJ 447

encourages entities to continue with self

- evaluations to determine 448

compliance with the current and future revisions and resulting changes in 449

regulatory requirements. Under Title II of the ADA, if an airport had 450

previously conducted a self

- evaluation under Section 504, only those 451

policies and practices that were not included in the initial evaluation 452

needed to be evaluated. However, 453

2.2.4.2 Section 504. 454

49 CFR § 27.11(c)(2) requires that all airports co nduct an evaluation and 455

notify ACR of the persons responsible for evaluating its compliance and 456

for the completion of the evaluation. Airports are specifically required to 457

take the following actions: 458

1. Evaluate current policies and practices; 459MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 4 2. Identify short comings and describe the methods to remedy; and 460

3. Begin to modify any policies or practices that do not meet the 461

requirements of this part. 462

Note: After each of these steps, the airports must consult with persons 463

with disabilities and organizations representing per sons with disabilities. 464

2.2.4.3 The airports must then also: 465

1. Take remedial steps to eliminate the effects of any discrimination 466

caused by the violations; and 467

2. Establish a system for periodically reviewing and updating the 468

evaluation. All airports must keep the ev aluation on file for three 469

years. (49 CFR §§ 27.11(c)(2) and (3)). 470

2.3 Employment. 471

Both Title II of the ADA and Section 504 regulations incorporate the prohibition on 472

employment discrimination from Title I of the ADA. (28 CFR § 35.140 and 49 CFR § 473

27.19). Both rules also incorporate the EEOC requirements found in 29 CFR part 1630, 474

including prohibitions on discrimination in job application procedures, hiring, firing, 475

advancement, compensation, training, and other terms, conditions, and privileges of 476

employm ent, as well as recruitment, advertising, tenure, layoff, leave, fringe benefits, 477

and all other employment

- related activities. 478

2.3.1 DOJ ADA Title I employment provisions apply to private employers and state and local 479

government (as well as employment agencies a nd labor unions) that employ at least 15 480

employees; 481

2.3.2 DOJ ADA Title II employment provisions apply to all state and local governments 482

covered, regardless of the number of employees or any receipt of federal funding; 483

1. EEOC’s standards for compliance can be f ound in 29 CFR part 1630; 484

2. If the airport operator is not covered by Title I, the standards for compliance are 485

found at DOJ regulations, 28 CFR part 41, Implementation of Executive Order 486

12250, Nondiscrimination on the Basis of Handicap in Federally Assiste d Programs, 487

which empowers the DOT to issue regulations to implement Section 504 with 488

respect to programs and activities to which it provides assistance. 489

2.3.3 Section 504 employment provisions. 490

1. 49 CFR § 27.19 covers employment for operators, regardless of the n umber of 491

employees; 492

2. 29 CFR part 1630 requires compliance with the EEOC regulation. 493MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 5 2.4 Program Accessibility. 494

2.4.1 28 CFR § 35.150(a)

. 495

An airport operator must ensure that its services, programs, or activities are accessible 496

to persons with disabilities. 497

2.4.2 28 C FR § 35.l30(b)(7)

. 498

Airports must make reasonable modifications to their policies, practices, or procedures 499

when the modifications are necessary to avoid discrimination on the basis of disability, 500

unless the airport can demonstrate that the modifications would fundamentally alter the 501

nature of the service, program, or activity. 502

2.4.3 28 CFR § 35.150(a)(3)

. 503

Airports are not required to take any action that will result in a fundamental alteration in 504

the nature of a service, program, or activity that would resul t in undue financial and 505

administrative burdens. 506

2.4.4 28 CFR § 35.l50(b)

. 507

Existing facilities must be accessible to and usable by individuals with disabilities. 508

Public entities must give priority to those methods that provide services, programs, and 509

activit ies in the most integrated setting appropriate for persons with disabilities. 510

2.5 Physical Accessibility. 511

The design and construction of new buildings and the alterations and the necessary 512

structural modifications to existing buildings must comply with access ibility standards 513

under Title II and Section 504. 514

2.5.1 Design Standards

. 515

Airports may only use the 2010 ADA Standards for Accessible Design (2010 516

Standards) when constructing a new building or altering/renovating an existing 517

building. In the past, airports were allowed to use the Uniform Federal Accessibility 518

Standards (UFAS) or the 1991 ADA Standards for Accessible Design (1991 Standards). 519

2.5.2 Structural Changes

. 520

All airports under Section 504 were required to submit a transition plan to the FAA for 521

approval "where extensive structural changes" were necessary. Chapter 4 provides 522

additional information on transition plans. 523

2.5.3 Title II Regulations

. 524

Airports subject to Title II regulations that employ 50 or more persons and need any 525

structural modifications were to develop transition plans by July 26, 1992. The plan 526

had specific requirements. The airport was required to provide an opportunity to 527

interested persons, including individuals with disabilities or organizations representing 528

individuals with disabiliti es, to participate in the development of the plan. If an airport 529

already had developed a transition plan under Section 504, it needed only to review the 530MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 6 policies and practices not included in the previous transition plan. (28 CFR § 531

35.150(d)(4)). 532

2.5.4 Access ibility Standards

. 533

DOJ published its revised final regulations implementing the ADA for Title II (state and 534

local government services) and Title III (public accommodations and commercial 535

facilities) on September 15, 2010. The revised regulations have up dated the general 536

nondiscrimination provisions implementing the ADA. ( www.ada.gov/ ). 537

2.5.4.1 The ADA Standards for Accessible Design (Standards), applicable to 538

airport facilities, is the standard for accessibility that appli es to airports. 539

(49 CFR § 27.71 (e)). The applicability of the Standards is based on the 540

construction date of the specific structure. If the structure was built and 541

not renovated or altered before the 1991 Standards were in effect, then the 542

entity will not be required to meet the 1991 Standards. Under the 1991 543

Standards, airports are expected to meet requirements under Section 10.4, 544

but for new construction and alterations, airports must follow 2010 545

standards. However, if the facility was built, altere d or renovated after the 546

1991 Standards came into effect, requirements under the 1991 Standards 547

had to be met. With the establishment of the ADA Standards for 548

Acceptable Design, airports need to address requirements under these 549

Standards when a facility i s newly constructed, altered, or renovated after 550

March 15, 2012. These Standards apply to facilities in the private sector 551

(places of public accommodation and commercial facilities) and to state 552

and local government facilities, such as the airports, opera ted by such 553

entities. 554

2.5.4.2 UFAS. 555

UFAS Standards are found in 41 CFR part 101

- 19.6, Appendix A. 556

2.5.5 Historic Preservation

. 557

The DOJ Title II regulation makes allowances for accessibility to historic properties. 558

(28 CFR §§ 35.150(a)(2), 35.150(b)(2), and 35.151(d )). 559

2.5.6 Specific Airport Provisions

. 560

Airports must ensure that terminal facilities and services are readily accessible to and 561

usable by individuals with disabilities, including individuals who use wheelchairs. An 562

airport is considered to comply with this o bligation if it meets the requirements 563

applying to state and local government programs or activities and facilities under 564

DOT’s Title II rule. (49 CFR § 27.71(b)). 565

2.5.6.1 Airports must ensure that there is an accessible path between the gate and 566

the area from wh ich aircraft are boarded. (49 CFR § 27.71(c)). 567MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 7 2.5.6.2 Systems of inter

- terminal transportation, including, but not limited to, 568

shuttle vehicles and people movers, must comply with applicable 569

requirements of the DOT Section 504 rules. (49 CFR § 27.71(d)). 570

2.5.6.3 The 1 991 Standard, including Section 10.4 concerning airport facilities, is 571

the standard for accessibility that applies to airports. (49 CFR § 27.71(e)). 572

For any new construction or alteration, airports must use the 2010 573

Standards. (28 CFR § 35.151(c)). 574

2.5.6.4 Con tracts or leases between carriers and airports concerning the use of 575

airport facilities must set forth the respective responsibilities of the parties 576

for the provision of accessible facilities and services to individuals with 577

disabilities as required by 49 CFR § 27.71(f)) and provisions of 14 CFR 578

part 382, as amended, implementing the ACAA. 579

2.5.6.5 28 CFR § 35.136 defines Service Animals and requires public entities to 580

permit the use of a service animal by an individual with a disability. 581

Individuals with disabili ties must be permitted to be accompanied by their 582

service animals in all areas of a public entity's facilities where members of 583

the public, participants in services, programs or activities, or invitees, as 584

relevant, are allowed to go. In addition, a publi c entity must make 585

reasonable modifications in policies, practices, or procedures to permit the 586

use of a miniature horse that has been individually trained to do work or 587

perform tasks for the benefit of the individual with a disability; and 588

2.5.6.6 49 CFR Part 27 mandates that primary airports shall cooperate with air 589

carriers to provide wheelchair accessible animal relief areas for service 590

animals that accompany passengers departing, connecting, or arriving at 591

the airport. In doing so, airports must consult with service animal training 592

organizations regarding the design, dimensions, materials, and 593

maintenance of the SARA. Airports must establish at least one relief area 594

in each airport terminal in the sterile area. If the relief area is located 595

outside the ster ile area consistent with 49 CFR Part 27, the airport must 596

retain documentation evidencing agreement with the service animal 597

training organizations and the air carriers about the non

- sterile area 598

location. (49 CFR § 27.71(h)(2) and (3) and 14 CFR § 382.51( a)(5)). 599

2.5.6.6.1 To assist airports in providing SARA and complying with regulations, this 600

AC includes a set of standards that may be used as 601

guidelines/recommendations where compliance with this AC is not 602

mandatory. See 501. b(3) and Appendix A for SARA. 603

2.6 Communic ations. 604

Airports are required to take appropriate steps to ensure that their communications with 605

individuals with disabilities are as effective as communications with other individuals, 606

beneficiaries, and members of the public. In addition, under the 201 0 ADA Standards 607MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 8 for Accessible Design, there are signage requirements that address the need for 608

directional and informational signs that communicate information about the location 609

and availability of accessible services including areas of refuge and means of egress. 610

Airports are also required to enable or ensure that closed captioning is functioning at all 611

times on all audio visual displays that are capable of displaying captions. (49 CFR§ 612

27.71(i)). 613

2.6.1 28 CFR part 35 requires the following for persons with impaired hearing, vision, or 614

speech: 615

1. CFR § 35.161 requires where an airport communicates by telephone with applicants 616

and beneficiaries, that equally effective telecommunications systems are used to 617

communicate with individuals who are deaf, hard of heari ng, or have speech 618

impairments; 619

2. 28 CFR § 35.162 requires telephone emergency services, including 911 services, to 620

provide direct access to individuals who use TDD’s and computer modems; 621

3. 28 CFR §35.163(a) requires access to information about the existence and location 622

of accessible services, activities, and facilities; 623

4. 28 CFR § 35.163(b) requires signage at all inaccessible entrances directing users to 624

an accessible entrance or to a location to obtain the information about accessible 625

facilities; and 626

5. 28 CF R § 35.163(b) also requires the use of the international symbol for 627

accessibility at each accessible entrance of the facility. 628

2.6.2 Section 217 of the 2010 ADA Standards provides standards for public pay telephones. 629

2.6.3 Section 810.8 of the 2010 ADA Standards pro vides standards for clocks. 630

2.7 Vehicle and Transportation Systems Accessibility. 631

Under DOT ADA Title II, Subpart B, and Title III regulations in 49 CFR parts 37 and 632

38, public entities that provide designated or specified public transportation or intercity 633

o r commuter rail transportation must provide access for persons with disabilities. Since 634

transportation by aircraft is excluded from the definition of designated or specified 635

transportation, these regulations have limited applicability to airports. The ar eas of the 636

regulation that apply are summarized below. 637

2.7.1 49 CFR § 37.33

. 638

This section specifically addresses an airport’s responsibilities in reference to airport

639

operated transportation systems. If an airport is operating a transportation system that 640

pr ovides designated public transportation (and connects parking lots and terminals or 641

provides transportation among terminals) it is subject to the requirements in 49 CFR 642

part 37 for fixed

- route and demand

- responsive systems. Airports that operate fixed

643

rou te transportation systems are subject to the requirements in 49 CFR part 37 for 644

commuter bus service operated by public entities. The provision by an airport of 645MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 9 additional accommodations (e.g., parking spaces in a close

- in lot) is not a substitute for 646

mee ting the requirements in 49 CFR § 37.33(a); and 647

2.7.2 Fixed

- route transportation systems

. 648

Fixed

- route transportation systems operated by airports between the airport and a 649

limited number of destinations in the area that it serves are subject to the requiremen ts 650

in 49 CFR part 37 for commuter bus systems operated by public entities. (49 CFR 651

Section 37.33(b)). 652

2.7.2.1 Private Entity Transportation Systems. 653

Private jitneys (small buses or vans that carry passengers over a regular 654

route on a flexible schedule) or shutt le services that provide transportation 655

between the airport and destinations in the area it serves, either in a route

656

deviation or another variable mode in a demand

- responsive service, must 657

provide accessible services in accordance with 49 CFR § 37.33(c) 658

i mplementing Title III. It is the airport’s responsibility to be aware of 659

these requirements. 660

2.7.2.2 Taxis. 661

Private taxi providers are not required to purchase or lease accessible 662

automobiles. However, if they purchase a vehicle other than an 663

automobile, that vehicle must be accessible unless the provider can 664

demonstrate equivalency as provided in § 37.105. Taxi providers using 665

only automobiles may not discriminate against persons with disabilities 666

who are able to use the automobile, in accordance with 49 CFR § 37.29 667

implementing Title III. It is the airport’s responsibility to be aware of 668

these requirements. 669

2.7.2.3 Private Entities Not Primarily Engaged in Transportation. 670

Shuttle systems and other transportation services operated by privately 671

owned hotels, car re ntal companies, or other public accommodations are 672

subject to the applicable sections of 49 CFR § 37.37. It is the airport’s 673

responsibility to be aware of these requirements. 674

2.8 Aircraft and Air Carrier Facility Accessibility. 675

Aircraft accessibility is gene rally addressed by the ACAA, which applies to U.S. and 676

foreign air carriers. However, Section 504 of the RA does place some responsibility for 677

access to aircraft (U.S. and foreign air carriers) on the airport operator. (49 CFR § 678

27.72). 679

2.8.1 Airport Facilitie s

. 680

Airport terminal facilities include parking and ground transportation facilities, owned, 681

leased, or operated by commercial service airports that are recipients of DOT financial 682

assistance. (49 CFR § 27.71(a)). Under 14 part 382, an air carrier is re sponsible for 683

accessible facilities to the extent that it controls the selection, design, construction, or 684MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 10 alteration of the property. (14 CFR § 382.51). It is the airport’s responsibility to ensure 685

that leases or contracts between airports and air carri ers concerning the use of airport 686

facilities define the respective responsibilities for providing accessible facilities and 687

services to individuals with disabilities. (49 CFR § 27.71(f)). Carriers have a 688

reciprocal responsibility regarding such leases an d contracts. (14 CFR § 689

C.382.51(a)(4)). 690

2.8.1.1 Accessible Path. 691

It is the airport’s responsibility to ensure that a passenger with a disability 692

can move through the airport to the aircraft boarding area. (49 CFR § 693

27.71(c)). 694

2.8.1.2 Shared

- use automated airport kios ks. 695

This paragraph applies to U.S. airports with 10,000 or more annual 696

enplanements. (49 CFR § 27.71(j)). 697

2.8.1.2.1 Airports that jointly own, lease, or control automated airport kiosks with 698

carriers at U.S. airports must ensure that all shared

- use automated kios ks 699

installed on or after December 12, 2016, meet the technical accessibility 700

standards with respect to their physical design and the functions they 701

perform as detailed in 49 CFR § 27.71(k) until at least 25 percent of 702

kiosks provided in each location at th e airport (i.e., each cluster of kiosks 703

and all stand

- alone kiosks at the airport) meet this specification. 704

2.8.1.2.2 Airports must ensure that at least 25 percent of shared

- use automated 705

airport kiosks they jointly own, lease, or control with carriers in each 706

locat ion at the airport conform to the technical accessibility standards with 707

respect to their physical design and the functions they perform as detailed 708

in 49 CFR § 27.71(k) by December 12, 2022. 709

2.8.2 Boarding Assistance for Small Aircraft

. 710

Lifts, ramps, or other suitable devices not normally used for the movement of freight 711

must be available, if the terminals at such airports are not equipped with passenger 712

loading bridges or passenger lounges for boarding and deplaning. (See AC 150/5220

- 713

21C, Aircraft Boardi ng Equipment). Each airport operator must negotiate in good faith 714

with each U.S. and foreign air carrier serving the airport concerning the acquisition and 715

use of assistance devices. The airport operator and the U.S. and foreign carrier(s) must 716

sign a wr itten agreement allocating responsibility for meeting the boarding assistance 717

requirements of this section between or among parties. The agreement must be made 718

available, on request, to representatives of the DOT. All U.S. carriers and airports 719

involved are jointly responsible for the timely and complete implementation of the 720

agreement. (49 CFR § 27.72(c)(1) and (2)). The airport operator has the responsibility 721

to train personnel to be proficient in using airport owned or operated boarding 722

assistance eq uipment for small aircraft and be knowledgeable of boarding assistance 723

procedures that safeguard the safety and dignity of passengers. (49 CFR § 27.72(d) and 724

(e)). Carriers also have responsibilities concerning their written agreements with 725MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 11 airports to p rovide the boarding and deplaning assistance required by 14 CFR § 382.95 726

where level entry loading bridges are not available (also see 14 CFR § 382.99). 727

2.9 Conditions Not Considered Disabilities. 728

Examples of such conditions include: 729

1. 28 CFR § 35.104. Sexua l behavior disorders; 730

2. 28 CFR § 35.104. Compulsive gambling, kleptomania, and pyromania; 731

3. 28 CFR § 35.104. Psychoactive substance use disorders resulting from current 732

illegal use of drugs; and 733

4. 28 CFR § 35.132. Appendix A to 28 CFR part 35: Sensitivity to Tobacco Smoke. 3 734

3 DOJ has declined to state categorically that an allergy or sensitivity to cigarette smoke is a disability because the

determination as to whether an impairment is a disability depends on whether, given the particular circumstances at

issue, the impairment substantially limits one or more major life activities (or there is a history of or is regarded as

having such an effect).MM/DD/YY D R A F T AC 150/ 5360

- 14A

2

- 12 This page intentionally left blank 735MM/DD/YY D R A F T AC 150/ 5360

- 14A

3

- 1 CHAPTER 3. TECHNICAL ASSISTANCE 736

3.1 FAA Office of Civil Rights and the Airport Disability Compliance Program Staff

. 737

ACR

, and specifically the ADCP staff

, provide technical assistance to airports , other 738

public airpor ts, and organizations as needed to facilitate compliance with program 739

requirements. ADCP staff and ACR also provide appropriate assistance to members of 740

the public who need additional information on compliance requirements, including 741

copies of the regulat ions and information on filing a complaint of discrimination or 742

reporting a violation of the regulations. This office may be contacted at: 743

Airport Disability Compliance Program (ADCP) 744

Office of Civil Rights 745

Federal Aviation Administration 746

2300 E. Devon A venue, Suite 440 747

Des Plaines, IL 60018 748

Phone: 847

- 294

- 7209 749

Fax: 847

- 294

- 7265 750

http://www.faa.gov/about/office_org/headquarters_offices/acr/com_civ_support/ 751

Email: 9

- AGL

- ADA

- 504@faa.gov 752

3.2 Non

- discrimination Legislation. 753

The following websites contain relevant information concerning disability legislation 754

and how it applies to an airport setting. 755

5. The Ameri cans with Disabilit ies Act: www.ada.gov ; 756

6. Non

- discrimination on the Basis of Disability in Programs and Activities Receiving 757

or Benefiting from Federal Financial Assistance (49 CFR part 27): 758

http://www.ecfr.gov/cgi

- bin/text

759

idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr27_main_02.tpl

. 760

7. Air Carrier Access Act (14 CFR part 382): http://www.ecfr.gov/cgi

- bin/text

761

idx?c=ecfr&tpl=/ecfrbrowse/Title14/14cfr382_main_02.tpl

. 762

8. DOT Final Rule Adopting New Accessibility Standards

763

http://www.fta.dot.gov/12 325_5936.html

. 764

3.3 Accessibility Standards. 765

These web pages contain important information on accessibility guidelines and 766

standards: 767

1. 1991 ADA Standards : www.ada.gov ; 768

2. 2010 Standards : ww w.ada.gov ; 769MM/DD/YY D R A F T AC 150/ 5360

- 14A

3

- 2 3. ADA Standards for Transportation Facilities : www.access

- board.gov ; 770

4. Access ibility Specifications for Transportation Vehicles (49 CFR part 38): 771

http://www.ecfr.gov/cgi

- bin/text

772

idx?c=ecfr&tpl=/ecfrbrowse/Title49/49cfr38_main_02.tpl

. 773

3.4 Disability/Accessibility Organizations. 774

These sites provide assistance in learning the priorities of the disability co mmunity, 775

their interpretation of legislation, and the issues they are advocating for. These 776

organizations have information about the latest technological innovations that will 777

improve accessibility. 778

1. American As sociation of People with Disabilities ( www.aapd.com ); 779

2. American Council of the Blind ( www.acb.org ); 780

3. American Foundation for the Blind ( www.afb.org ); 781

4. Assistance Dogs International ( www.assistancedogsinternational.org ) ; 782

5. Canine Assistants ( www.canineassistants.org ) ; 783

6. Canine Companions for Independence ( www.cci .org ) ; 784

7. The Center for Universal Design ( www.ncsu.edu/ncsu/design/cud ) ; 785

8. Disability and Business Technical Assistance Centers (www.adata.org); 786

9. Disability Rights Educat ion and Defense Fund ( www.dredf.org ); 787

10. Disability Statistics Center ( www.dsc.ucsf.edu ); 788

11. Gallaudet University ( www.gallaudet.edu ); 789

12. Guide Dog Users, Inc. ( http://guidedogusersinc.org/ ); 790

13. International Association of Dog Assistance Partners ( www.iaadp.org ) ; 791

14. Job Accommodation Network ( www.askjan.org ); 792

15. Leader Dogs for the Blind ( www.leaderdog.org ) ; 793

16. Little People of America ( www.lpaonline.org ) ; 794

17. Mobility International USA ( www.miusa.org ); 795

18. National Association of Guide Dog Users ( www.nagdu.org ) ; 796

19. National Association of the Deaf ( www.nad.org ); 797

20. National Council on Independent Living ( www.ncil.org ); 798

21. National Federation of the Blind ( www.nfb.org ); 799

22. National Organization on Disability ( www.nod.org ); 800

23. NEADS/Dogs for Deaf and Disabled American s ( www.neads.org ) ; 801

24. Open Doors Organization ( www.opendoorsnfp.org ); 802MM/DD/YY D R A F T AC 150/ 5360

- 14A

3

- 3 25. Paralyzed Veterans of America ( www.pva.org ); 803

26. Paws w ith a Cause ( www.pawswithacause.org ) ; 804

27. Rehabilitation Engineering Research Center on Accessible Public Transportation 805

( www.rercapt.org ); 806

28. The Seeing Eye Inc. ( www.seeingeye.org ) ; 807

29. United Spinal Association ( www.unitedspinal.org ); 808

30. United States Access Board ( www.access

- board.gov ); 809

31. Working l ike Dogs ( www.workinglikedogs.com ) ; 810

32. World Ins titu te on Disability ( www.wid.org ). 811MM/DD/YY D R A F T AC 150/ 5360

- 14A

3

- 4 This page intentionally left blank 812MM/DD/YY D R A F T AC 150/ 5360

- 14A

4

- 1 CHAPTER 4. TRANSITION PLANS 813

4.1 Transition Plan Standards. 814

Transition plans were required for airpo rt facilities owned by airports by November 1, 815

1996, as part of the amendment to 49 CFR § 27.71(g)). This was to ensure that 816

facilities, including streets, roads, and walkways achieved program accessibility. 817

Currently, airports must ensure that their exi sting facilities meet accessibility 818

requirements and, if not, to implement a transition plan immediately to assess the 819

current state and prepare a reasonable plan to achieve program accessibility. An 820

opportunity for interested persons, including individua ls with disabilities or 821

organizations representing individuals with disabilities, to participate in the 822

development of the transition plan is encouraged. A self

- evaluation to determine 823

compliance with applicable rules and regulations is the first step in addressing 824

compliance and then establishing a plan for corrective action. This transition plan for 825

corrective action should be available for review by ADCP. 826

4.2 Existing Facilities. 827

Under 28 CFR part 35, an existing facility is one in which construction bega n on or 828

before January 26, 1992. 829

4.2.1 28 CFR § 35.150 requires that, subject to certain limitations, each service, program, or 830

activity operated by an airport operator, when viewed in its entirety, must be readily 831

accessible to and usable by individuals with di sabilities. An airport operator is not 832

required to make structural changes to existing facilities where other methods are 833

effective in achieving compliance. Such other methods include redesign of equipment, 834

reassignment of services to accessible building s, and assignment of aides to 835

beneficiaries. 836

4.2.2 Appendix A to 28 CFR part 35 reinforces these concepts. It states in part that structural 837

changes in existing facilities are required only when there is no other feasible way to 838

make the airport’s program acces sible. (It should be noted that "structural changes" 839

include all physical changes to a facility; the term does not refer only to changes to 840

structural features, such as removal of or alteration to a load bearing structural 841

member.) The requirements of § 35.151 for alterations apply to structural changes 842

undertaken to comply with this Section. (28 CFR part 35, § 35.150, and Appendix A,). 843

4.3 Periodic Reviews. 844

49 CFR § 27.1l(c)(2)(v) requires airports to establish a system for periodically 845

reviewing and updat ing the self

- evaluation required by paragraph (c)(2) of that Section. 846

28 CFR § 35.151 requires that new construction and alterations be accomplished in 847

accordance with appropriate design standards which, depending on the date of 848

construction, can be the U FAS, 1991 Standards or 2010 Standards. 849MM/DD/YY D R A F T AC 150/ 5360

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5

- 1 CHAPTER 5. OVERVIEW OF ARCHITEC TURAL BARRIERS ACT 851

5.1 Architectural Barriers Act (ABA). 852

The following ABA requirements apply to recipients of federal financial assistance 853

from DOT: 854

5.1.1 ATBCB Final Rul e, 36 CFR part 1190, Minimum Guidelines and Requirements for 855

Accessible Design

. 856

This rule implements section 502(b)(7) of the RA of 1973, which requires the ATBCB 857

to establish minimum guidelines and requirements for standards issued under the ABA 858

of 1968 . The four standard

- setting agencies (GSA, HUD, USPS, or DOD) establish and 859

enforce standards for design, construction, and alteration of particular types of buildings 860

and facilities. It is possible that more than one of the standard

- setting agencies cou ld 861

have jurisdiction under the ABA over a given airport. This AC limits its discussion to 862

the responsibilities of airports receiving federal financial assistance from DOT. These 863

are the only entities over which DOT has jurisdiction under the ABA. Struct ural 864

accessibility is required for individuals with disabilities in buildings or facilities that are 865

to be constructed or altered by or on behalf of the United States; to be leased in whole 866

or in part by the United States after August 12, 1968; to be finan ced in whole or in part 867

by a grantor a loan made by the United States after August 12, 1968, if such building or 868

facility is subject to standards for design, construction, or alteration issued under 869

authority of the law authorizing such grant or loan; or t o be constructed under authority 870

of the National Capital Transportation Act of 1960, the National Capital Transportation 871

Act of 1965, or Title III of the Washington Metropolitan Area Transit Regulatory 872

Compact. As a recipient of federal financial assistan ce, an airport operator is 873

responsible for compliance with the ABA, the UFAS, and any other applicable GSA 874

regulations. In the event the recipient leases portions of the federally assisted building 875

to other public or private entities, the responsibility w ould remain with the recipient. 876

The recipient, however, could ensure compliance on the part of the lessees through 877

requirements included in the lease document or other agreement executed. 878

5.1.2 Exceptions to compliance requirements

. 879

Under UFAS, the following exceptions, waivers, and modifications of standards are 880

available: 881

5.1.2.1 Exceptions to GSA Standards. 882

GSA's accessibility standards do not apply to: 883

5.1.2.1.1 The design, construction, alteration, or lease of any portion of a building 884

which need not, because of its int ended use, be made accessible to, or 885

usable by, the public or by people with disabilities; 886

5.1.2.1.2 The alteration of an existing building if the alteration does not involve the 887

installation of, or work on, existing stairs, doors, elevators, toilets, 888

entrances, dri nking fountains, floors, telephone locations, curbs, parking 889MM/DD/YY D R A F T AC 150/ 5360

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5

- 2 areas, or any other facilities susceptible to installation or improvements to 890

accommodate people with disabilities; 891

5.1.2.1.3 The alteration of an existing building, or of portions thereof, to which 892

applic ation of the standards is not structurally possible; 893

5.1.2.1.4 The construction or alteration of a building for which plans and 894

specifications were completed or substantially completed on or before 895

September 2, 1969; provided, however, that any building constructed 896

under authority of the National Capital Transportation Act of1960, the 897

National Capital Transportation Act of 1965, or Title III of the 898

Washington Metropolitan Area Transit Regulation Compact must be 899

designed, constructed, or altered in accordance with the UFAS regardless 900

of design status or bid solicitation as of September 2, 1969; and 901

5.1.2.1.5 The leasing of space when it is found after receiving bids or offers and 902

otherwise legally acceptable that a proposal meets most of the 903

requirements of the UFAS. If no offe ror or bidder meets all the 904

requirements, then preference must be given to the offeror or bidder who 905

most nearly meets the UFAS. If the award is proposed for a firm other 906

than the one that most nearly meets the UFAS and whose bid or offer is 907

reasonable in price and is otherwise legally acceptable, a waiver or 908

modification of the standards must be obtained. 909

5.1.2.2 Waiver or Modification of Standards. 910

The applicability of the UFAS may be modified or waived on a case

- by

911

case basis upon application to GSA by the he ad of the department, agency, 912

or instrumentality of the United States concerned only if the Administrator 913

of the General Services determines that such waiver or modification is 914

clearly necessary. 915

5.1.2.3 Other UFAS Exceptions

. 916

UFAS also contains numerous scop ing and technical exceptions. 917MM/DD/YY D R A F T AC 150/5360-14A

A-1 APPENDIX A. STANDARDS FOR SERVICE ANIMAL RELIEF AREAS (SARA) 918

A.1 General. 919

The SARA standards below have been developed in collaboration with nationally recognized 920

service animal training organizations and groups of users of service animals. 921

A.2 Number. 922

SARA must be located on an accessible route to each terminal. One relief area may serve two or 923

more terminals if travel to and from it meets reasonable transit times as defined in paragraph A.3

. 924

A.3 Transit time. 925

The design transit time from any gate to a relief area is no more than 15 minutes, based 926

on a walking pace of 200 ft/min. Any expected time spent using transportation vehicles 927

and waiting time for an escort, wheelchair, or elevators is included in this total transit 928

time. 929

A.4 Size and shape. 930

The SARA may be of any shape, but must be designed to accommodate a person using 931

a wheelchair handling a service animal on a six-foot leash. In busier locations, a relief 932

area may be sized to accommodate more than one service animal at one time. 933

A.5 Surfaces. 934

A relief area should have at least two different surfaces. One should be hard and 935

located immediately inside the entrance to allow wheelchair access. This surface 936

should be delineated in a manner to indicate the portion intended to be traversed by 937

people, and the portion intended for animal relief. The other should be an appropriate 938

softer surface, such as gravel or mulch for outdoor areas, and artificial turf specially 939

designed as an animal relief surface, treated to inhibit the spread of disease, for indoor 940

(and outdoor) areas. Other artificial turf is not recommended, as it harbors odors and 941

bacteria. Consider that artificial turf is often perceived as carpet by service animals, 942

making them reluctant to use it. Avoid surfaces such as sand that will stick to paws and 943

be tracked outside the SARA. When using mulch, be sure it is not of a species that can 944

be harmful to animals. Dark colored surfaces should not be used where exposed to the 945

sun, as they can become unbearably hot. 946

A.6 Fencing. 947

Fencing or another suitable barrier, with an accessible gate/entrance, adequate to 948

contain service animals must be provided. 949MM/DD/YY D R A F T AC 150/ 5360

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A

- 2 A.7 Plumbing. 950

The SARA must include a sink with a faucet for hand washing . Water must be potable, 951

as it will often also serve as a drinking water supply to fill bowls supplied by service 952

animal handlers. A separate water supply must be included for use in cleaning the 953

surface

. The surface must be constructed with adequate drainage to facilitate regu lar 954

cleaning. 955

A.8 Location. 956

Outdoor locations are preferred, as all service animals are trained to use outdoor relief 957

areas. While some service animals are trained not to relieve indoors, at some terminals 958

it may not be feasible to establish an outdoor relie f area within the sterile area. In such 959

cases, the relief area will have to be constructed indoors. SARA must not be co

- located 960

with a designated smoking area. 961

A.9 Weather protection. 962

Outdoor SARA must include weather protection from sun and precipitation. If the 963

SARA is close to operating aircraft, protection from jet blast and prop wash must be 964

provided. 965

A.10 Scent. 966

The sense of smell is much more acute in animals than in humans. This can be a help or 967

a hindrance in encouraging service animals to use a relie f area. Pheromone

- scented 968

surfaces or devices can be beneficial, while disinfecting chemicals with strong odors 969

can be detrimental. 970

A.11 Accessories. 971

The SARA, at a minimum, must include: 972

1. A three

- dimensional device (e.g. rock or fake fire hydrant) to encoura ge urination 973

by male dogs. 974

2. Animal waste bags. 975

3. A waste receptacle. 976

Note: The disposal bags and receptacle must be located just inside the entrance to the 977

SARA on an accessible route and at a height reachable by wheelchair users. 978

A.12 Wayfinding and Signage 979

A.12.1 Sign age Sta ndardization is desirable. 980

The sign shown in Figure A

- 1 , with or without accompanying text, may be used with 981

directional arrows to guide users to the SARA. The signage, when used, must be 982MM/DD/YY D R A F T AC 150/ 5360

- 14A

A

- 3 included in airport lay out maps and in wayfinding instructions provided throughout the 983

airport. In addition, signing at the SARA should indicate the following: 984

1. The need for handlers to clean up after animals; 985

2. The location of waste disposal bags, and waste receptacles, hand wash ing facilities, 986

and any other facilities (e.g. automatic flushing controls) ; 987

3. Instructions for the operation of any facilities; and 988

4. Contact information for maintenance and assistance. 989

A.12.2 Other guidance

. 990

Sign age should be supplemented with means , including au ditory announcements

, to 991

guide people with vision impairments. Braille signing must be installed adjacent to the 992

side of doors and gates opposite the hinges. Airports are encouraged to adopt state

- of

993

the

- art technology (e.g.

, smart phone applications) as it becomes available. 994

Figure A

- 1

. SARA Signage 995

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Advisory Circular Feedback 998

If you find an error in this AC , have recommendations for improving it, or have suggestions for 999

new items/subjects to be added, you may let us know by ( 1) mailing this form to Manager, 1000

Airport Engineering Division, Federal Aviation Administration ATTN: AAS

- 1 00, 800 1001

Independence Avenue SW, Washington DC 20591 or (2) faxing it to the attention of the Office 1002

of Airport Safety and Standards at (202) 267

- 5383. 1003

Subject: AC 150/ 5360

- 14A Date: 1004

Please check all appropriate line items: 1005

☐ An error (procedural or typographical) has been noted in paragraph on page 1006

. 1007

☐ Recommend paragraph ______________ on page ______________ be changed as follows: 1008

1009

1010

1011

☐ In a future change to this AC, please cover the following subject: 1012

(Briefly descri be what you want added.) 1013

1014

1015

1016

☐ Other comments: 1017

1018

1019

1020

☐ I would like to discuss the above. Please contact me at (phone number, email address). 1021

Submitted by: Date: 1022

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