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

2.2 Administrative Requirements.

2.2.1 Coordinators.
Airports are required to coordinate efforts to comply with the applicable regulations, including the investigation of complaints alleging its noncompliance with these regulations or alleging any actions that would be prohibited by these regulations under: 

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

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

2.2.2 Complaint Procedures.
Airports with 15 or more employees are required to adopt complaint procedures for the prompt and equitable resolution of complaints alleging violations of Section 504 and Title II of the ADA.

1. Title II of the ADA. 28 CFR § 35.107(b) requires entities that employ 50 or more persons to adopt and publish grievance procedures.

2. Section 504. 49 CFR § 27.13(b) requires airports that employ 15 or more persons to adopt procedures that incorporate appropriate due process standards (prompt and equitable resolution of complaints).

2.2.3 Notice.
Title II of the ADA and Section 504 require notice to various parties of the relevant regulations.

2.2.3.1 Title II of the ADA.
28 CFR § 35.106 requires airports to provide notice to "applicants, participants, beneficiaries, and other interested persons" information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part; and

2.2.3.2 Section 504.
49 CFR § 27.15 requires airports to take appropriate initial and continuing steps to notify "participants, beneficiaries, applicants, and employees" including those with hearing and vision impairments, and to unions. The notice must include the following information:

1. The airport operator does not discriminate on the basis of disability in admission to, access to, treatment of, or employment in its programs, services, and activities; and

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

2.2.4 Self-Evaluations.
Airports are required to review their programs, activities, services, policies, and practices, to evaluate their compliance with the applicable regulations, and to take any appropriate remedial action. Both the ADA and Section 504 require that the airport provide for the participation of interested persons, including persons with disabilities, and organizations representing persons with disabilities in the evaluation.

2.2.4.1 ADA.
28 CFR § 35.105 requires all entities to conduct the evaluation. All airports should have completed this process and met all requirements. While this requirement to conduct a self-evaluation is not extended in the revised regulations, and because many Section 504 self-evaluations were conducted as long as four decades ago and programs tend to change, DOJ encourages entities to continue with self-evaluations to determine compliance with the current and future revisions and resulting changes in regulatory requirements. Under Title II of the ADA, if an airport had previously conducted a self-evaluation under Section 504, only those policies and practices that were not included in the initial evaluation needed to be evaluated.

2.2.4.2 Section 504.
49 CFR § 27.11(c)(2) requires that all airports conduct an evaluation and notify ACR of the persons responsible for evaluating its compliance and for the completion of the evaluation.  Airports are specifically required to take the following actions:

1. Evaluate current policies and practices;

2. Identify shortcomings and describe the methods to remedy; and

3. Begin to modify any policies or practices that do not meet the requirements of this part.

2.2.4.3 The airports must then also:

1. Take remedial steps to eliminate the effects of any discrimination caused by the violations; and

2. Establish a system for periodically reviewing and updating the evaluation. All airports must keep the evaluation on file for three years. (49 CFR §§ 27.11(c)(2) and (3)).