Americans With Disabilities Act: Proposed Circular Chapter, Vehicle Acquisition |
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Peter Rogoff
Federal Transit Administration
October 2, 2012
[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Pages 60170-60172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24185]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA-2012-0045]
Americans With Disabilities Act: Proposed Circular Chapter,
Vehicle Acquisition
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of availability of proposed circular chapter and request
for comments.
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SUMMARY: The Federal Transit Administration (FTA) has placed in the
docket and on its Web site proposed guidance in the form of a circular
chapter to help transportation providers
[[Page 60171]]
ensure that the buses and rail cars they acquire meet the requirements
of the U.S. Department of Transportation's (DOT) Americans with
Disabilities Act (ADA) regulations. This proposed chapter on vehicle
acquisition is the first in a series of approximately 12 chapters that
will compose a complete ADA circular. By public notice, FTA invites
public comment on this proposed circular chapter and suggestions for
specific issues to cover in future chapters.
DATES: Comments must be submitted by December 3, 2012. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: You may submit comments to Docket No. FTA-2012-0045 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-2012-0045 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 E54-437, Washington, DC 20590, phone: (202) 366-4018,
or email, dawn.sweet@dot.gov. For legal questions, Bonnie Graves,
Office of Chief Counsel, same address, Room E56-306, phone: (202) 366-
4011, or email, bonnie.graves@dot.gov.
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 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
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 the 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
review, FTA identified the need to develop an ADA circular similar to
the circulars long in place for other programs. The current body of
statutes and regulations in the ADA area can be imposing, and in some
cases, extremely technical. 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. A circular does not
alter, amend, or otherwise affect the DOT ADA regulations themselves or
replace or reduce the need for detailed information in the regulations.
Its format, however, can provide a helpful outline of basic
requirements with references to the applicable regulatory sections,
along with examples of practices used by transit providers to meet the
requirements. Simply stated, a circular can be a starting point for
understanding ADA requirements in the transit environment.
Therefore, FTA is proposing the phased development of a new
circular, FTA C 4710.1, with the initial chapter focused on vehicle
acquisition. This notice provides a summary of the proposed chapter.
The chapter does not contain any new requirements, policies, or
directives. The chapter itself is 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 current chapter, this notice describes FTA's approach for
publishing subsequent chapters and seeks suggestions on specific issues
to address in those chapters. FTA encourages stakeholders to provide
comments on the content of the initial chapter on vehicle acquisition
and suggestions for future chapters.
II. Summary of Current Chapter
The ``Vehicle Acquisition'' chapter begins with an introductory
section that provides a brief background on the purpose of the circular
and this chapter specifically. The chapter is designed to be a
reference document for public entities acquiring vehicles to ensure
these vehicles meet the requirements of the DOT ADA regulations in 49
CFR part 37, subpart D, and 49 CFR part 38. Importantly, this section
also states what this circular project is not intended to accomplish--
the circular is not a substitute for the DOT ADA regulations; public
transportation providers are advised in this section to use this
circular in addition to (not in lieu of) the regulations. The section
then introduces in broad terms the DOT ADA regulations applicable to
vehicle acquisition, explaining that 49 CFR part 38 sets the technical
design specifications for accessible vehicles, while Part 37 defines
the conditions under which vehicles must be purchased as accessible or
made accessible. The section ends by emphasizing that although a public
entity may use a contractor to provide service, it cannot contract away
its ADA responsibility; the contractor ``stands in the shoes'' of the
public entity and must meet the same requirements that would apply if
the public entity were acquiring or remanufacturing its own vehicles.
After the introductory section, the chapter moves onto Section 2,
``Acquisition Requirements for Public Entities.'' This section explains
how the acquisition requirements vary in Part 37 depending upon the
following factors: (1) Vehicle type (rail and non-rail); (2)
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service type (fixed route bus, light or rapid rail, commuter rail, and
demand responsive); and (3) vehicle condition (new, used, or
remanufactured). In table and narrative format, the section explains
that all new fixed route buses and all new light, rapid, and commuter
rail cars must be accessible; that is, they must meet all the
applicable specifications in Part 38. Certain exceptions to acquiring
an accessible vehicle apply to used and remanufactured buses and rail
cars, as well as to new buses and vans operating in a general public
demand responsive system. These exceptions are likewise outlined in the
section.
Section 3 is titled ``The Main Elements of Accessible Vehicles''
and summarizes the required design specifications in Part 38 by vehicle
type. The section begins by emphasizing that an accessible bus or rail
car involves much more than features for boarding and alighting
individuals who use wheelchairs, which is how accessibility is commonly
envisioned. Handrails, slip-resistant flooring, public address systems,
and sufficient lighting, for example, are all part of an accessible
vehicle, in addition to lifts, ramps, and securement systems. The
section does not attempt to restate all of the Part 38 specifications
but rather highlights the main points by vehicle type with accompanying
photographs and diagrams, and refers the reader to the appropriate part
of the regulations for more detail. For rail cars, the section
highlights four areas that have been of particular interest to transit
systems and members of the public: The platform gap, mobility aid
accessibility, priority seating, and between-car barriers.
Section 4, ``Ensuring that Vehicles Are Compliant,'' addresses ways
a transportation provider can ensure that the vehicles it plans to
acquire are accessible under Part 38 and useable to individuals with
disabilities. Strategies presented include ensuring that bid packages
spell out specific accessibility requirements in detail, seeking public
input to ensure that the solicited vehicles can be used by as many
persons with disabilities as possible, and inspecting the vehicles at
the appropriate time in the procurement cycle.
Complementing Section 4 is an attachment titled ``Sample Bus and
Van Specification Checklist'' that lists the design elements in Part 38
applicable to non-rail vehicles. It is a document FTA uses in its
compliance reviews when assessing whether a transportation provider's
buses comply with Part 38. The checklist is provided here as an example
of a tool a transportation provider could replicate to use in its
factory inspections to ensure the vehicles it plans to acquire are
compliant long before delivery. A grantee may decide to develop similar
checklists to inspect rail cars.
The chapter ends with a list of definitions taken from the DOT ADA
regulations, a list of statutory and regulatory authorities, and a
reference list.
III. Publication Approach
The Vehicle Acquisition chapter is the first in approximately 12
chapters that will compose FTA's ADA circular. Because of the breadth
of the ADA, FTA is developing this circular in segments. The next
chapter currently under development is ``Equivalent Facilitation,''
which will outline how a grantee can depart from the regulations by
demonstrating to FTA that an alternative design or technology provides
individuals with disabilities equivalent or greater access to a vehicle
or facility. FTA anticipates that the topics of subsequent chapters
will largely mirror the major provisions in the DOT ADA regulations,
for example: General nondiscrimination requirements, facility
construction and alteration, fixed route bus and rail service, ADA
complementary paratransit (eligibility and service delivery), general
public demand responsive service, and ferries and other modes.
When issued in its final form, the circular is intended to provide
guidance specifically for recipients of FTA financial assistance that
provide public transit. 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 covered in the circular.
Going forward, it is anticipated that the chapters will be issued
in groups. All chapters will be announced in the Federal Register for
public notice and comment.
IV. Conclusion
FTA seeks comments on the scope and content of the first chapter of
the circular, ``Vehicle Acquisition,'' specifically as to whether there
are areas that need more clarification or explanation or topics that
were overlooked. The chapter includes a section on practices a transit
provider can use to help ensure the vehicles it acquires are compliant
and useable. FTA seeks comment on whether there are other practices
that have proven effective that would be worth describing in the
circular.
FTA also seeks suggestions on specific issues to cover in future
chapters and which topics should be a priority to cover early on in the
process of developing the ADA circular. For example, FTA seeks comments
on which issues within the broad topic areas mentioned above (e.g.,
general nondiscrimination, facility construction and alterations, fixed
route services, and ADA complementary paratransit) are most challenging
to address by the industry. Further, FTA is interested in knowing in
what areas guidance would be the most valuable to transportation
providers.
Issued in Washington, DC, this 25th day of September 2012.
Peter Rogoff,
Administrator.
[FR Doc. 2012-24185 Filed 10-1-12; 8:45 am]
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