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

CHAPTER 1. INTRODUCTION

1.1 Basis.

This AC is based on federal regulations and standards. The architectural standards, in many instances, also have been published as regulations or appendices to those regulations, or have been established as requirements through regulatory action. The architectural standards, including those published as regulations, are listed in Paragraph 1.3 of this AC. Other federal regulations dealing with requirements under the accessibility statutes that serve as basis for this AC appear in Paragraph 1.2. In some cases, more than one regulation, and hence more than one standard, may apply. In such instances, if there is a difference among regulations and standards, the more stringent requirement applies.

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.

1.3 Architectural Standards.

The following architectural standards were used as a basis for this AC:

1.3.1 Americans with Disabilities Act ADA Standards for Accessible Design.
The ADA standards are issued by DOJ and DOT, and apply to facilities covered by the ADA in new construction and alterations. DOJ’s standards apply to all facilities covered by the ADA, except public transportation facilities, which are subject to DOT’s standards. Both standards are very similar and are closely based on the Board’s ADA Accessibility Guidelines (ADAAG). However, each contains a few unique provisions, which are included in the 2010 edition of the standards. http://www.access214board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/ada215standards.

1.3.2 Architectural Barriers Act Accessibility Standards (ABAAS).
The ABA Accessibility Standards have been adopted by the General Services Administration (GSA), the Department of Defense (DOD), and the U.S. Postal Service (USPS). (The USPS standards do not include the non-mandatory advisory notes.) http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the221aba-standards/aba-standards.

1.4 Related Reading Material.

1. DOJ ADA, Title II, Technical Assistance Manual, and Supplements, http://www.ada.gov/taman2.html.

2. DOJ ADA, Title III, Technical Assistance Manual, and Supplement, http://www.ada.gov/taman3.html.

3. DOJ ADA Best Practices Tool Kit for State and Local Governments, http://www.ada.gov/pcatoolkit/toolkitmain.htm.

4. FAA AC No. 150/5360-12, Airport Signing and Graphics, http://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5360-12.

5. FAA AC No. 150/5220-21, Aircraft Boarding Equipment, http://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5220-21.

1.5 Technical Assistance.

1.5.1 FAA Office of Civil Rights (ACR).
The office with primary responsibility for assisting airports in meeting accessibility requirements is ACR. This office, and specifically the Airport Disability Compliance Program (ADCP) staff, are responsible for investigating complaints of discrimination filed under the ADA and Section 504 and for conducting periodic reviews of airports’ compliance with Section 504. ADCP staff provides technical assistance to airports, other public airports, and organizations as needed to facilitate compliance with program requirements. ADCP staff and ACR must also provide appropriate assistance to members of the public who need additional information on compliance requirements, including copies of the regulations and information on filing a complaint of discrimination or reporting a violation of the regulations. They may be contacted at:

Airport Disability Compliance Program
Federal Aviation Administration – Office of Civil Rights
2300 East Devon Avenue, Suite 440
Des Plaines, IL 60018
(847) 294-7209
Fax: (847) 294-7265
TTY: (800) 526-0844
Email: 9-AGL-ADA-504@faa.gov

1.5.2 FAA Airports Offices.
Assistance is also available from FAA Airports Regional and District Offices. Find the appropriate servicing office at: http://www.faa.gov/airports/news_information/contact_info/regional/.

1.6 Definitions.

1.6.1 Airport Operator.
Public agency or private entity that has ownership and/or management control (short-term and long-term planning, financial performance, maintenance, operation) of an airport.

1.6.2 Auxiliary Aids and Services.
Qualified interpreters, note takers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, Telecommunications Device for the Deaf (TDD), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments; qualified readers, taped texts, audio recordings, brailed materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; acquisition or modification of equipment or devices; and other similar services and actions. (28 CFR § 35.104).

1.6.3 Commercial Service Airport.
A public airport that enplanes 2,500 or more passengers annually and receives scheduled passenger aircraft service. (49 U.S.C. § 47102)(7)).

1.6.4 Concessionaire.
A firm that owns and controls a concession or a portion of a concession. (49 CFR § 23.3).

1.6.5 Designated Public Transportation.
Transportation provided by a public entity (other than public school transportation) by bus, rail, or other conveyances (other than transportation by aircraft or intercity or commuter rail transportation) that provides the general public with general or special service, including charter service, on a regular and continuing basis. (49 CFR § 37.3).

1.6.6 Disability.
With respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (28 CFR § 35.104). The November 1, 1996, amendment to 49 CFR part 27 and 14 CFR part 382 substituted the term "disability" in lieu of "handicap" to reflect an amendment to Section 504 and to be consistent with the ADA, ADAAA, and ACAA.

1.6.7 Discrimination.
Denying a person with disabilities the opportunity to participate in or benefit from any program or activity receiving federal financial assistance. (49 CFR § 27.5).

1.6.8 Facility.
1.6.8.1 For purposes of Section 504, the term “facility” means any or all portion of buildings, structures, vehicles, equipment, roads, walks, parking lots, or other real or personal property or interest in such property. (49 CFR § 27.5).
1.6.8.2 For purposes of Title II of the ADA, the term “facility” means any or all portions of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located. (28 CFR § 35.104).

1.6.9 Federal Financial Assistance.
Any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the DOT provides or otherwise makes available assistance in the form of:
1. Funds;
2. Services of federal personnel; and
3. Real or personal property or any interest in, or use of such property, including: 
a. Transfers or leases of such property for less than fair market value or for reduced consideration; and 
b. Proceeds from a subsequent transfer or lease of such property if the federal share of its fair market value is not returned to the Federal Government (49 CFR § 27.5).

1.6.10 Fixed Route System.
A system of transporting individuals (other than by aircraft), including the provision of designated public transportation service by public entities and the provision of transportation service by private entities, including, but not limited to, specified public transportation service, on which a vehicle is operated along a prescribed route according to a fixed schedule. (49 CFR § 37.3).

1.6.11 Primary Airport Recipient.
Any airport operator authorized or required to extend federal financial assistance from the DOT to another airport operator for the purpose of carrying out a program. (49 CFR § 27.5). Note that for the purposes of this AC, the word primary does not relate to the activity level of the airport.

1.6.12 Public Accommodation.
A private entity that owns, is the lessee (or lessor) of, or operates a place of public accommodation. (28 CFR § 36.104).

1.6.13 Qualified Individual.
An individual who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by an airport operator. (28 CFR § 35.104).

1.6.14 Regarded as having such an Impairment.
An individual who has a physical or mental impairment that does not substantially limit major life activities, but who is treated by a public or private entity as constituting such a limitation; has a physical or mental impairment that substantially limits a major life activity only as a result of the attitudes of others toward such an impairment; or has none of the impairments defined but is treated by a public or private entity as having such an impairment. (49 CFR § 37.3).

1.6.15 Recipient.
Any State, territory, possession, the District of Columbia, or Puerto Rico, or any political subdivision thereof, or instrumentality thereof, any public or private agency, institution, organization, or other entity, or any individual in any State, territory, possession, the District of Columbia, or Puerto Rico, to whom federal financial assistance from the DOT is extended directly or through another recipient, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary. (49 CFR § 27.7).

1.6.16 Sponsor.

A public agency or private owner of a public-use airport that submits to the DOT an application for financial assistance. (U.S.C. § 47102 (26)).

1.6.17 Sponsor.
A public agency or private owner of a public-use airport that submits to the DOT an application for financial assistance. (U.S.C. § 47102 (26)).

1.6.18 Sterile Area.
A portion of an airport, specified in the airport security program, in which certain security measures specified in 49 CFR part 1542, Airport Security, are carried out. This area is where aircraft operators and foreign air carriers that have a security program under 49 CFR part 1544, Aircraft Operator Security: Air Carriers and Commercial Operators, or part 1546, Foreign Air Carrier Security, enplane and deplane passengers, and sort and load baggage. Also includes any adjacent areas that are not separated by adequate security measures. (49 CFR part 1540, Civil Aviation Security: General Rules).

1.6.18 Terminal.
For the purposes of this AC, a terminal is a distinct area common to and prior to any Transportation Security Administration (TSA) checkpoint, or a distinct sterile area common to and beyond one or more TSA checkpoints. Each non-sterile area that is housed in a separate building is considered a separate terminal, and any sterile area that can be accessed only through a specific checkpoint or checkpoints is considered a separate terminal.