[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Notices]
[Pages 67234-67237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26665]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2014-0024]


Americans With Disabilities Act: Proposed Circular Amendment 2

AGENCY: Federal Transit Administration (FTA), DOT.

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

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) has placed in the 
docket and on its Web site proposed guidance in the form of seven 
additional proposed circular chapters to assist transportation 
providers in meeting the requirements of the U.S. Department of 
Transportation's (DOT) Americans with Disabilities Act (ADA) 
regulations. These proposed circular chapters include Chapter 3 
(Transportation Facilities), Chapter 6 (Fixed Route Service), Chapter 7 
(Demand Responsive Service), Chapter 9 (ADA Paratransit Eligibility), 
Chapter 10 (Passenger Vessels), Chapter 11 (Other Modes), and Chapter 
12 (Oversight, Complaints, and Monitoring). Also included is additional 
text on monitoring practices, published as addenda to Chapter 2 
(General Requirements) and Chapter 8 (Complementary Paratransit 
Service). Along with the proposed Chapter 4 (Vehicle Acquisition) 
published on October 2, 2012, and Chapter 1 (Introduction and 
Applicability), Chapter 2 (General Requirements), Chapter 5 (Equivalent 
Facilitation), and Chapter 8 (Complementary Paratransit Service) 
published on February 19, 2014, these chapters are part of a series of 
12 chapters that will compose a complete ADA circular. By this notice, 
FTA invites public comment on these seven additional proposed circular 
chapters and the addenda to two previously published chapters.

DATES: Comments must be submitted by January 12, 2015. Late-filed 
comments

[[Page 67235]]

will be considered to the extent practicable.

ADDRESSES: You may submit comments to Docket No. FTA-2014-0024 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-2014-0024 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, 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 E54-306, Washington, DC 20590, phone: (202) 366-4018, 
or email, <a href="/cdn-cgi/l/email-protection#e08481978ece9397858594a0848f94ce878f96"><span class="__cf_email__" data-cfemail="8aeeebfde4a4f9fdefeffecaeee5fea4ede5fc">[email protected]</span></a>. For legal questions, Bonnie Graves, 
Office of Chief Counsel, same address, Room E56-306, phone: (202) 366-
4011, or email, <a href="/cdn-cgi/l/email-protection#fa98959494939fd49d889b8c9f89ba9e958ed49d958c"><span class="__cf_email__" data-cfemail="76141918181f13581104170013053612190258111900">[email protected]</span></a>.

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 ADA 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 these 
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 
results of the review, FTA identified the need to develop an ADA 
circular similar to the circulars long in place for other FTA programs. 
The current body of statutes and regulations in the ADA area can be 
imposing, and in some cases, extremely technical. As a result, 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.
    The proposed 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 
outline basic requirements with references to the applicable regulatory 
sections, along with examples of practices used by transit providers to 
meet the requirements. Optional practices are included throughout the 
circular; FTA recognizes that there are many different ways agencies 
can fulfill the regulatory requirements and ensure the delivery of 
compliant service.
    FTA proposed a phased approach for the development of the new 
circular, FTA C 4710.1, with the initial proposed chapter focused on 
vehicle acquisition (See 77 FR 60170, Oct. 2, 2012, www.gpo.gov/fdsys/pkg/FR-2012-10-02/pdf/2012-24185.pdf) . In February, 2014, FTA 
published four additional chapters (Introduction and Applicability, 
General Requirements, Equivalent Facilitation, and Complementary 
Paratransit Service). (See 79 FR 9585, Feb. 19, 2014, http://www.gpo.gov/fdsys/pkg/FR-2014-02-19/pdf/2014-03530.pdf).
    FTA will not publish final versions of individual chapters, but 
rather will publish one final circular after receiving comments on all 
individual chapters.
    Today's notice provides a summary of the seven additional proposed 
chapters and two chapter addenda. These chapters of the proposed 
circular 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 seven new chapters, this notice describes FTA's approach for 
publishing a final circular.
    After issuing the four additional chapters in February 2014, FTA 
received comments from 23 individuals and organizations. A number of 
comments raised concerns that optional practices and suggestions could 
be misinterpreted as requirements. Objections were raised to the 
circular project in its proposed format. Commenters provided further 
suggestions for modifying the format of the circular in order to better 
distinguish between regulatory requirements and guidance. FTA has 
incorporated many of these suggestions into the seven additional 
proposed chapters issued with this amendment, and will incorporate 
format changes in the remaining chapters, as appropriate. The revised 
format presents the regulatory requirements under a ``Requirement'' 
subheading; citations are included within quotation marks. A separate 
``Discussion'' section then follows. FTA welcomes comments on these 
format changes. FTA also received comments on the substance of the 
draft chapters, 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 seven proposed chapters and two chapter addenda.

II. Summary of Circular Amendment 2

    Amendment 2 to the circular includes a table of contents for all 12 
proposed chapters, including contents for the previously published 
proposed chapters: Chapter 1 (Introduction and Applicability), Chapter 
2 (General

[[Page 67236]]

Requirements), Chapter 4 (Vehicle Acquisition), Chapter 5 (Equivalent 
Facilitation), and Chapter 8 (Complementary Paratransit Service).
    The table of contents for Chapters 2 and 8 includes the proposed 
additional sections on monitoring. Finally, the table of contents 
includes the seven proposed chapters that are the subject of today's 
notice: Chapter 3 (Transportation Facilities), Chapter 6 (Fixed Route 
Service), Chapter 7 (Demand Responsive Service), Chapter 9 (ADA 
Paratransit Eligibility), Chapter 10 (Passenger Vessels), Chapter 11 
(Other Modes), and Chapter 12 (Oversight, Complaints, and Monitoring).
    Proposed Chapter 3, ``Transportation Facilities,'' explains the 
regulations related to transportation facilities with emphasis on the 
requirements for new construction and alterations. Proposed Chapter 3 
explains the history of the ADA Accessibility Guidelines (ADAAG), 
including the revisions adopted by DOT in 2006 as the DOT Standards. 
The chapter does not attempt to exhaustively cover all topics related 
to construction and alteration but rather presents examples of common 
issues in applying the DOT Standards, such as the number and location 
of accessible station parking spaces, curb ramps and track crossings, 
and station platforms. The proposed chapter includes an extensive 
discussion on path of travel alterations and cost disproportionality--
an issue that has been the source of misunderstanding in the past. 
Attached to proposed Chapter 3 is a checklist grantees may use to 
review new construction and alterations to help ensure compliance, 
including 18 review topics covering parking and loading areas, 
accessible routes, signs, facility elements, elevators and lifts, and 
platforms, among others.
    Proposed Chapter 6, ``Fixed Route Service,'' explains the 
requirements for fixed route bus (local, express, commuter, and bus 
rapid transit (BRT)) and rail (light rail, rapid rail, and commuter 
rail). Proposed Chapter 6 does not cover intercity rail. The chapter 
primarily focuses on subpart G requirements that are specific to fixed 
route, such as priority seating, alternative transportation when 
vehicle lifts are not working, and stop announcements and route 
identification efforts. The cross-cutting requirements that apply to 
other modes of transit in addition to fixed route, such as the 
transport of service animals, wheelchairs, and oxygen, are covered in 
the previously published proposed Chapter 2, ``General Requirements.'' 
Proposed Chapter 6 concludes with two forms grantees may use to monitor 
their own stop announcement and route identification efforts--forms 
similar to those used by FTA when it conducts onsite compliance 
reviews.
    Proposed Chapter 7, ``Demand Responsive Service,'' addresses demand 
responsive services such as traditional dial-a-ride, taxi subsidy 
programs, vanpool programs, and route deviation service. ADA 
complementary paratransit service, also a type of demand responsive 
service, is covered separately in proposed Chapters 8 and 9 of this 
circular. Proposed Chapter 7 explains the different types of demand 
responsive services and provides illustrations of service types for 
consideration at the local level. The chapter then explains the part 37 
equivalent service requirements that permit transit agencies to 
purchase inaccessible vehicles, and explains equivalent service and 
service provision in the most integrated setting. Route deviation, in 
particular, has been a topic of interest and this chapter attempts to 
provide clarity on the issue. The section on route deviation service 
equivalency considerations includes a discussion of discriminatory 
policies and practices that limit the use of route deviation services. 
The same discussion explains the requirements to provide complementary 
paratransit service for transit agencies that limit route deviation 
requests to riders with disabilities. The discussion also explains how 
agencies may accommodate requests for complementary paratransit service 
either by deviating vehicles from fixed routes or by using available 
supplemental demand responsive (e.g., dial-a-ride) vehicles--
essentially comingling complementary paratransit eligible riders with 
other demand responsive customers on the same vehicle. Proposed Chapter 
7 concludes with options for monitoring and determining equivalency and 
includes a table for the seven service requirements. The chapter 
includes a sample certification of equivalent service as an attachment.
    Proposed Chapter 9, ``ADA Paratransit Eligibility,'' addresses 
eligibility for complementary paratransit services, covering who is 
eligible and the regulatory requirements that transit agencies must 
follow when determining eligibility. The chapter focuses on ADA 
paratransit eligibility standards and includes a detailed discussion of 
eligible individuals as well as important considerations in eligibility 
such as most limiting conditions and environmental barriers. It 
discusses each type of ADA paratransit eligibility, including 
unconditional, conditional, and temporary eligibility, and includes 
considerations for applying conditional eligibility with examples of 
explicit conditions and suggestions on how to appropriately apply 
conditions. Requirements surrounding personal care attendants, 
companions, and visitors are also addressed in this chapter.
    Proposed Chapter 9 describes the types of eligibility determination 
processes transit agencies use and includes suggested sources of 
information for determining eligibility such as supplemental 
information provided by professionals, as well as important 
considerations for the use of such information.
    The chapter also covers the paperwork aspect of the paratransit 
application process. For example, it explains the prohibition against 
unreasonable burdens on applicants for ADA paratransit eligibility and 
includes examples of unreasonable burdens. The chapter includes 
information on how to treat incomplete applications for ADA paratransit 
eligibility, maintain an applicant's confidentiality, and offer 
eligibility materials in accessible formats. Proposed Chapter 9 goes on 
to explain the requirements for documenting eligibility, including the 
use of identification cards. Also included is a discussion of proper 
wording for letters to applicants found ineligible, conditionally 
eligible, or temporarily eligible.
    Proposed Chapter 9 also explains the requirements for making timely 
determinations and for providing service if determinations are not made 
within 21 days of submission of complete applications. This includes a 
discussion of the timing of appointments for in-person assessments and 
their relationship to the 21-day application timeframe. The chapter 
explains the requirement for recertification of ADA paratransit 
eligibility at reasonable intervals and the appeal process requirements 
for applicants found ineligible, conditionally eligible, or temporarily 
eligible. This section includes information on notifying applicants of 
their right to appeal the decision, the right to be heard in person, 
the separation of function requirements, and the timing and 
documentation of appeal decisions. It also offers suggestions on 
selecting individuals to hear appeals and related practices that can 
help minimize the need for appeals.
    The last section of proposed Chapter 9 ends with a discussion of 
two topics that have generated particular interest in the industry and 
within the disability community: No-show policies and origin-to-
destination service. First, the

[[Page 67237]]

chapter explains the administrative process for suspending 
complementary paratransit service for riders who establish a pattern or 
practice of missing scheduled trips or canceling trips late. The 
discussion explains how to establish that a pattern or practice exists, 
methods of notifying riders of proposed suspensions, and the appeal 
process. The discussion then suggests practices for minimizing rider 
no-shows and offers references to guidance documents.
    The section on the requirement for origin-to-destination service 
refers to DOT's 2005 Disability Law Guidance, which elaborates on the 
meaning of origin-to-destination service. (See http://www.fta.dot.gov/12325_3891.html). FTA notes that DOT has an open rulemaking on 
reasonable modification of policy and through that rulemaking sought 
public comments on issues related to origin-to-destination service. 
(See 71 FR 9761, Feb. 27, 2006). The proposed circular presents DOT's 
position on origin-to-destination service consistent with the 2005 
guidance. Any changes to ADA requirements made through rulemaking at 
the DOT level may require associated changes to this circular.
    Several attachments are included with this chapter: Proposed task 
and skills lists for assessing abilities to use fixed route transit 
services; sample letters for unconditional, conditional, and temporary 
ADA paratransit eligibility; a sample letter for denial of ADA 
paratransit eligibility, including a sample basis for the determination 
and a sample ADA paratransit eligibility determination appeal request 
form; and sample no-show policy documents and related guidance.
    Proposed Chapter 10, ``Passenger Vessels,'' covers the requirements 
for ferries that apply to passenger vessel operators (PVOs) that 
receive FTA financial assistance. Regulations addressed in this chapter 
are from 49 CFR part 39 subparts A, B, C, D, F, and G. The subpart E 
guidelines for accessibility of vessels are currently reserved. The 
proposed chapter explains the unique challenges posed by marine 
environments and the regulatory requirements from multiple agencies.
    Proposed Chapter 10 then covers each of the part 39 subparts and 
provides examples of good practices. The chapter also provides excerpts 
from the Department's additional guidance in the form of questions and 
answers concerning 49 CFR part 39, published on January 31, 2011. (See 
www.civilrights.dot.gov/sites/default/files/PVGuidance2_3_11.pdf). 
Proposed Chapter 10 also includes examples of good PVO practices in 
accommodating passengers with disabilities, including accommodating the 
needs of passengers with hearing impairments, providing information on 
vessel accessibility, and the resolution of complaints.
    Proposed Chapter 11, ``Other Modes,'' covers the 49 CFR part 38 
subpart H requirements for other vehicles and systems. These other 
modes are not covered by the requirements in 49 CFR part 38 subparts B, 
C, D, and E (vans, buses, and rail vehicles); these requirements are 
covered in the proposed chapter for vehicle acquisition (Chapter 4), 
published on Oct. 2, 2012. The chapter covers the requirements for 
automated guideway transit vehicles and systems, high-speed rail cars, 
monorails, trams and similar vehicles and systems, and includes 
hyperlinks to the part 38 requirements that apply to each mode.
    Proposed Chapter 12, ``Oversight, Complaints, and Monitoring,'' 
explains how FTA carries out its oversight and enforcement 
responsibilities--including complaint investigations and onsite 
reviews--and covers transit agencies' own responsibilities for 
resolving and tracking nondiscrimination complaints. A sample comment 
form is included as an attachment to the chapter. The chapter also 
provides an overview of monitoring compliance for the programs and 
services agencies provide and monitoring any contractors or service 
providers that agencies use and includes a table showing the monitoring 
topics discussed in in different circular chapters.
    Amendment 2 to the circular also includes two short proposed 
addenda to Chapters 2 and 8 published as Amendment 1 to the circular. 
The addendum proposed for insertion at the end of proposed Chapter 2, 
``General Requirements,'' covers monitoring methods to ensure 
compliance with the topics in that chapter. Topics covered include 
gathering relevant service information (e.g., elevator working 
condition records), reviewing service data, directly observing the 
provision of service, and reviewing rider comments and complaints.
    The addendum proposed for insertion at the end of Chapter 8, 
``Complementary Paratransit Service,'' covers monitoring methods to 
ensure compliance with the topics in that chapter. Topics covered 
include a discussion of the components of an effective monitoring 
program. These include policies, procedures and standards, data 
collection and analysis, first-hand observations, provision of service, 
and reviewing rider comments and complaints.

III. Publication Approach

    With the publication of the seven additional proposed chapters, FTA 
has now published all 12 proposed chapters that would compose FTA's 
proposed ADA circular. In its final form, the circular will provide 
guidance specifically for recipients of FTA financial assistance that 
provide public transportation service. 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 FTA ADA 
circular.
    FTA will not publish final versions of individual chapters, but 
rather will publish one final circular after receiving comments on 
individual chapters. Once comments are received on these remaining 
seven chapters, FTA will review the circular as one comprehensive 
document, make further refinements and publish a final circular.

IV. Conclusion

    FTA seeks comments on the scope and content of the seven chapters 
of the circular addressed in Amendment 2: Chapter 3 (Transportation 
Facilities), Chapter 6 (Fixed Route Service), Chapter 7 (Demand 
Responsive Service), Chapter 9 (ADA Paratransit Eligibility), Chapter 
10 (Passenger Vessels), Chapter 11 (Other Modes), and Chapter 12 
(Oversight, Complaints, and Monitoring), and additional text on 
monitoring practices, published as addenda to previously published 
Chapters 2 and 8.
    FTA is seeking comments specifically regarding (1) whether there 
are areas in each of these chapters that need more clarification or 
explanation; (2) important topics that were overlooked; (3) whether any 
sections, as written, appear to exceed regulatory requirements and 
which are not clearly presented as options; (4) whether any regulatory 
requirements are not clearly delineated as requirements; (5) whether 
the document's format change (e.g., the addition of a separate 
``Requirements'' section in the topic areas) sufficiently addresses 
comments received on previous chapters regarding the need to separate 
regulatory requirements from options and technical assistance; and (6) 
examples of local practices that have proven effective that would be 
worth describing in the circular.

Therese W. McMillan,
Acting Administrator.
[FR Doc. 2014-26665 Filed 11-10-14; 8:45 am]
BILLING CODE 4910-57-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>