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

CHAPTER 4. TRANSITION PLANS

4.1 Transition Plan Standards.

Transition plans were required for airport facilities owned by airports by November 1, 1996, as part of the amendment to 49 CFR § 27.71(g)). This was to ensure that facilities, including streets, roads, and walkways achieved program accessibility. Currently, airports must ensure that their existing facilities meet accessibility requirements and, if not, to implement a transition plan immediately to assess the current state and prepare a reasonable plan to achieve program accessibility. An opportunity for interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan is encouraged. A self-evaluation to determine compliance with applicable rules and regulations is the first step in addressing compliance and then establishing a plan for corrective action. This transition plan for corrective action should be available for review by ADCP.

4.2 Existing Facilities.

Under 28 CFR part 35, an existing facility is one in which construction began on or before January 26, 1992.

4.2.1 28 CFR § 35.150 requires that, subject to certain limitations, each service, program, or activity operated by an airport operator, when viewed in its entirety, must be readily accessible to and usable by individuals with disabilities. An airport operator is not required to make structural changes to existing facilities where other methods are effective in achieving compliance. Such other methods include redesign of equipment, reassignment of services to accessible buildings, and assignment of aides to beneficiaries.

4.2.2 Appendix A to 28 CFR part 35 reinforces these concepts. It states in part that structural changes in existing facilities are required only when there is no other feasible way to make the airport’s program accessible. (It should be noted that "structural changes" include all physical changes to a facility; the term does not refer only to changes to structural features, such as removal of or alteration to a load bearing structural member.) The requirements of § 35.151 for alterations apply to structural changes undertaken to comply with this Section. (28 CFR part 35, § 35.150, and Appendix A,).

4.3 Periodic Reviews.

49 CFR § 27.11(c)(2)(v) requires airports to establish a system for periodically reviewing and updating the self-evaluation required by paragraph (c)(2) of that Section. 28 CFR § 35.151 requires that new construction and alterations be accomplished in accordance with appropriate design standards which, depending on the date of construction, can be the UFAS, 1991 Standards or 2010 Standards.