Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities

1.2 Legal Requirements.

The following were used as a basis for this AC:

1.2.1 Rehabilitation Act (RA).

1.2.1.1This AC covers only the airport's responsibilities under Section 504 of the RA (Section 504), as it applies to FAA financial assistance programs. Section 504 prohibits discrimination against any qualified individual with a disability solely by reason of his or her disability in any program or activity receiving federal financial assistance or under any federally conducted program or activity. Section 504 applies to services, programs, and activities provided by recipients of federal financial assistance, either directly or through contractual, licensing, or other arrangements. It also covers employment and physical accessibility. To be in compliance with Section 504, recipients must also comply with all applicable regulations under the ADA, focusing on six major CFR parts. These are:

1. 29 CFR part 1630, Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,

2. 9 CFR part 1640, Procedures for Coordinating the Investigation of Complaints or Charges of Employment Discrimination Based on Disability Subject to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act Of 1973,

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

4. 28 CFR part 36, Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,

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

6. 49 CFR part 38, Americans With Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.

1.2.1.1.1 Department of Transportation (DOT) Final Rule, 49 CFR part 27, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance. This final rule implements Section 504 of the RA of 1973.

1.2.1.1.2 DOT Final Rule, 49 CFR part 37.
This part was amended to make it compatible with ADA requirements, and makes compliance with Section 504 of the RA dependent upon compliance with the requirements of the ADA. It also clarifies that the Section 504 requirements apply to private parties receiving federal financial assistance, as well as to public entities receiving such assistance. Finally, it clarifies that entities subject to 49 CFR part 37, implementing the ADA, must utilize the design, construction, and alteration standards in Appendix A of 49 CFR part 37.

1.2.1.2 Air Carrier Access Act (ACAA).
DOT Final Rule, 14 CFR part 382, Nondiscrimination on the Basis of Disability in Air Travel. This final rule implements the ACAA of 1986. The ACAA provides that no air carrier may discriminate against any otherwise qualified individual with a disability, by reason of such disability in the provision of air transportation. The ACAA covers aircraft accessibility; airport facilities that air carriers own, lease, operate, or otherwise control (similar regulations are under 49 CFR part 27); and issues related to provision of services, such as refusal of service, seat assignments, stowage of personal equipment, boarding and deplaning, accommodations, service animals, etc. DOT’s regulation implementing the ACAA is found in 14 CFR part 382, which was amended to apply to foreign carriers, effective May 13, 2009.¹

1.2.1.3 Americans with Disabilities Act (ADA).
The ADA is the first federal statute to protect individuals from discrimination based on disability regardless of whether they are seeking employment or access to services from a public or private entity or from an agency that receives federal financial assistance. The ADA guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. It extends comprehensive civil rights protection to individuals with disabilities. The ADA has five separate titles, which are briefly described below.

1.2.1.3.1 Title I - Employment 146 – 29 CFR part 1630, Regulations to Implement the Equal Employment Provisions of the ADA; 29 CFR part 1602, Recordkeeping and Reporting Requirements under Title VII, the ADA and GINA (Genetic Information Nondiscrimination Act), and 29 CFR part 1627, Records to Be Made or Kept Relating to Age: Notices to Be Posted.
These rules were issued by the Equal Employment Opportunity Commission (EEOC). Title I prohibits discrimination in employment on the basis of disability.

1.2.1.3.2 Title II - Services, Programs, and Activities.Title II prohibits discrimination on the basis of disability by public entities. Public entities include (1) any state or local government; and (2) any department, agency, special purpose district, or other instrumentality of a state or states or local government.

1. Subtitle A - State and Local Governments, 28 CFR part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services. Title II, Subtitle A applies to all services, programs, or activities made available by a public entity, regardless of whether it receives federal financial assistance. This rule was issued by the Department of Justice (DOJ).

2. Subtitle B - Transportation Provided by Public Entities, 49 CFR parts 27, 37, and 38, regarding transportation for individuals with disabilities. An airport owned by a public entity is required to comply with only those provisions of 49 CFR parts 37 and 38 pertaining to designated or fixed route public transportation systems, found in Sections 37.33(a) and (b). This rule was issued by the DOT.

1.2.1.3.3  Title III - Places of Public Accommodation by Private Entities, 28 CFR part 36.
TThis rule was issued by DOJ. Title III of the ADA addresses public accommodations, defined generally as private entities that affect commerce. Privately owned airports and airport facilities operated by concessionaires are subject to Title III of the ADA and DOJ regulations in 28 CFR part 36. However, even though a concessionaire is not subject to Title II, the airport is responsible to ensure that its lessees operate their businesses in a manner which allows the airport to meet its Title II obligations. DOT regulations in 49 CFR parts 37 and 38 also cover Title III. Taxi service providers operating at an airport and private jitney or shuttle service between an airport and the surrounding area are subject to 49 CFR Sections 37.5, 37.29, and 37.33(c). Transportation services provided by hotel and car rental concessionaires are subject to 49 CFR part 37 (see 49 CFR Section 37.37(b)).

1.2.1.3.3 Title III - Places of Public Accommodation by Private Entities, 28 CFR part 36.

This rule was issued by DOJ. Title III of the ADA addresses public accommodations, defined generally as private entities that affect commerce. Privately owned airports and airport facilities operated by concessionaires are subject to Title III of the ADA and DOJ regulations in 28 CFR part 36. However, even though a concessionaire is not subject to Title II, the airport is responsible to ensure that its lessees operate their businesses in a manner which allows the airport to meet its Title II obligations. DOT regulations in 49 CFR parts 37 and 38 also cover Title III. Taxi service providers operating at an airport and private jitney or shuttle service between an airport and the surrounding area are subject to 49 CFR Sections 37.5, 37.29, and 37.33(c). Transportation services provided by hotel and car rental concessionaires are subject to 49 CFR part 37 (See 49 CFR Section 37.37(b)).

1.2.3.4 Title IV.
Title IV of the ADA addresses telecommunications. This AC does not address any responsibilities under Title IV, since Title IV addresses the responsibilities of telecommunications providers, e.g., Telecommunications Services for Hearing-Impaired and Speech-Impaired Individuals. (47 U.S.C. § 225).

1.2.3.5 Title V.
Title V of the ADA addresses a number of miscellaneous matters, including the provision giving the United States Architectural and Transportation Barriers Compliance Board (ATBCB – commonly known as Access Board) the authority to issue minimum guidelines and requirements for accessible design for facilities covered by Titles II and III of the ADA. Under that authority, this independent federal agency promotes equality for people with disabilities through accessible design, and accessibility guidelines and standards. These guidelines, when adopted and modified, as needed, by standards-setting agencies like the DOT and DOJ are called Architectural Standards.