Federal Aviation Administration Draft Advisory Circular 150/5360-14A, Access to Airports by Individuals with Disabilities
2.1 Overview.
2.1.1 This chapter provides a framework for understanding the basic requirements of the various laws and regulations, indicating where they overlap and where they vary. Because airports have limited obligations under 49 CFR parts 37 and 38 and 14 CFR part 382, this chapter focuses primarily on the DOJ Title II regulation, 28 CFR part 35, and the DOT Section 504 regulation, 49 CFR part 27.
2.1.2 To be in compliance with Section 504, an airport operator must comply with:
1. All applicable requirements of the ADA, as amended (42 U.S.C. § 12101, Findings and purpose, and 42 U.S.C. § 12213, Severability);
2. DOT’s ADA regulations (49 CFR parts 37 and 38);
3. Regulations of DOJ implementing Title II of the ADA (28 CFR part 35);
4. Regulations of the EEOC implementing Title I of the ADA (29 CFR part 1630 and 49 CFR § 27.19 (a)); and
5. 49 CFR part 27, which requires airports to ensure that terminal facilities and terminal services are readily accessible to and usable by individuals with disabilities, including individuals using wheelchairs.
2.1.3 Table 2-1 provides the citations for Title I, II, and III of the ADA, Section 504, and the ACAA, the location of the implementing regulations, and specifies the entities to which the legislation and regulations apply.
Table 2-1. Summary of Regulatory Requirements
The following statutory requirement… | Is codified at… | Is implemented in the following regulation… | And applies to the following entities |
---|---|---|---|
Title I of 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. 101–36,title II, § 202 |
28 CFR part 35 http://www.ecfr.gov |
Public entities; all activities, services, and programs of state and local government |
Title III of the ADA |
42 U.S.C. 12182 Pub. L. 101–36,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 |
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