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FOIA Number: 2007-0143-F
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This is not a textual record. This is used as an
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Clinton Presidential Records
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ADA [Americans with Disabilities Act] - HHS [Health and Human Services]
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97
3
1
2
U.S. Department of
Transportation
The Deputy Secretary
Office of the Secretary
of Transportation
December 28, 1993
NOTE TO STANLEY HERR:
This is a final, internally coordinated
version of what I sent you last fall-no
significant changes, but it just emerged
from the bureaucratic clearance process.
Mort Downey
OF
DEPARTMENT
IMMISTATION
THE DEPUTY SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED
AMERICA
STATES
OF
DEC 28 1993
MEMORANDUM FOR: Stanley Herr
Domestic Policy Council
FROM: Mortimer L. Downe
Ulliary
SUBJECT: Department of Transportation Activities
in Improving Transportation Accessibility
The following is the Department of Transportation (DOT) report on
what has been accomplished and our future directions in removing
barriers to persons with disabilities who wish to use the Nation's
transportation system.
ACCESSIBILITY GOALS
The following goals are drawn from our governing statutes and
implementing regulations:
to work towards a barrier-free environment for all who desire
to travel, that will foster increased employment, educational
and social opportunities for some 40 million Americans with
disabilities;
to ensure that travelers with disabilities will be treated
without discrimination;
to ensure or encourage the training of all transportation
employees who have contact with the public so that they can
provide needed services to passengers in an appropriate way;
to work with public and private providers of transportation
services, professional organizations and consumers in
improving accessibility to transportation for the disability
community; and
to ensure that DOT enforces national transportation
accessibility regulations and standards and makes its own
facilities and services accessible.
INTRODUCTION
The Department's activities in this area are governed by the
Americans With Disabilities Act (ADA) of 1990, the Air Carrier
Access Act (ACAA) of 1986 and section 504 of the Rehabilitation
- 2 -
Act of 1973 (section 504). These statutes also provide a basis
for technical standards that define accessible facilities and
vehicles.
The following provides a brief overview of what has been
accomplished to date. More details are provided in the subsequent
sections.
In aviation, disabled travelers can use the air transportation
system with much less difficulty than was true 10 years ago.
Airports are far more accessible and new aircraft must have
features such as movable armrests on aisle seats, special
wheelchairs to permit easy boarding and movement in the cabin,
and, in some cases, accessible lavatories.
In mass transit, every Federally subsidized system provides
some type of service usable by disabled and elderly passen-
gers. Accessibility improvements are appearing rapidly, in
the form of bus lifts, vehicle ramps, and door-to-door
paratransit vans for persons unable to use fixed-route
service. Rail transit systems are upgrading their key
stations and buying railcars with accessible devices. The
Federal Transit Act requires any fixed-route transit system
receiving Federal operating assistance to charge elderly and
disabled passengers one-half the standard fare in non-peak
periods.
Intercity rail service is becoming generally accessible; one
car per train must be accessible by 1995, and Amtrak's
existing stations must be modified by 2010. Elderly and
disabled passengers travel at a 25 percent discount, subject
to certain restrictions.
For streets and highways, new Interstate and other rest areas
funded with Federal aid must be accessible. Streets and
highway pedestrian facilities being constructed, renovated and
altered with Federal aid are being brought into conformance
through installation of curb cuts that will accommodate
wheelchairs.
Intercity buses currently have few accessibility features, and
the Department has published an ANPRM soliciting opinion on
how to make them accessible. The DOT rule will take effect by
the ADA deadlines of 1996 and 1997.
In the maritime area, the Department is planning preparatory
research, and expects to begin rulemaking in about a year that
would implement ADA requirements for accessible marine vessels
(ranging from ferry boats to cruise ships) and facilities.
The Department provides information and interpretation of DOT's
accessibility regulations to travelers with disabilities and
responds to complaints about non-compliance on a continuing basis.
As a statutory member of the Architectural and Transportation
Barriers Compliance Board (Access Board), the Department
participates in formulating policy and standards for accessibility
- 3 -
requirements. It also provides information and technical
assistance on the special transportation needs of persons with
disabilities to planners, architects, designers, and providers of
transportation services.
Although much work has been accomplished, the task is far from
complete. The following sections present a detailed account of
the status, future initiatives, anticipated costs and state of
compliance for each mode of transportation.
AVIATION
Status - In the Nation's air transportation system, many barriers
to persons with disabilities have now been eliminated:
-
Airport Facilities - Federally assisted airports and all
air carrier-operated terminal facilities being built or
altered must be made accessible. Required accessibility
features pertain to such items as accessible parking, baggage
services, signage, water fountains, bathrooms, ticket
counters, and information/telecommunications devices. There
must be an accessible path from the front door of the terminal
to each boarding gate, including loading ramps, boarding
bridges, lifts or mobile lounges to all aircraft with 30 or
more seats. All Federally assisted airports are generally in
compliance with DOT's requirements. Places of public
accommodation within the airports are covered under Department
of Justice (DOJ) ADA Title III regulations.
-
Aircraft - DOT's ACAA rule requires new aircraft delivered
after April 5, 1992, to have the following accessibility
features:
--
Movable aisle armrests: required on 50 percent of aisle
seats in new and refurbished aircraft with 30 or more
seats. By the end of 1993, we estimate 400 to 800 new
and refurbished aircraft will have roughly 6,500 to
13,000 such armrests installed, about 10 to 20 percent
of the fleet. All such aircraft should be so equipped
by the year 2000. Very few aircraft with less than 30
seats have armrests.
--
Aisle wheelchairs: required on aircraft with 60 or more
seats and an accessible lavatory, or upon passenger
request. Just about all such aircraft are now equipped
with on-board wheelchairs.
Cabin stowage: space for at least one passenger's
folding wheelchair required on all new aircraft with
over 99 seats. We estimate about 200 such new aircraft
have cabin stowage space large enough for one folding
wheelchair. Many existing aircraft also have adequate
space for a wheelchair in a coat closet or other areas.
- 4 -
Accessible lavatories: required on twin-aisle aircraft
(typically 200+ seats). We estimate only a few new
twin-aisle aircraft will have been delivered with fully
accessible lavatories by the end of 1993. A DOT Federal
Advisory Committee, which met over the last year, has
circulated for internal committee comment a draft report
on the feasibility and costs ($20,000 to $150,000) of
installing accessible lavatories on single-aisle
aircraft with over 100 seats.
-
Passenger Services - All carriers, upon request, must now
provide disabled passengers with special assistance in
boarding, deplaning, and connecting with flights (including
hand-carrying onto aircraft larger than 30 seats, if no other
means of boarding exists). In the cabin, passengers'
wheelchairs and other assistive devices are given priority
stowage over carry-on baggage. Passengers with battery-
powered wheelchairs are routinely accommodated (with few
exceptions due to baggage compartment limitations or safety),
and spillable batteries are placed in hazardous materials
packages at no charge. Carriers are required to designate
Complaints Resolution Officials to resolve complaints and
respond to inquiries by persons with disabilities. Some
carriers, but not all, have chosen on a voluntary basis to
provide requesting passengers with medical oxygen, stretchers,
incubators, or respirators on their aircraft, at an additional
charge in some cases.
-
Training - DOT's ACAA rule requires all carriers operating
aircraft with more than 19 seats to provide carrier and
contract employees having contact with the public with
sensitivity training, as well as education to proficiency
about DOT's accessibility regulations and proper and safe
operation of equipment for travelers with disabilities.
-
Consumer Guidance on ACAA Regulations - Since January 1992,
about 35,000 copies of a booklet, "New Horizons for the Air
Traveler with a Disability," developed by DOT to help disabled
travelers understand their rights to accessible air travel,
have been mailed to advocacy groups, the air travel industry
and the public. The Department also distributes a two-page
fact sheet summarizing these regulations.
Compliance - The Department monitors air carrier compliance
through complaints. (DOT staff takes complaints from the public
on airline service issues and conducts follow-up investigations
with carriers.) Between April 5, 1990 (the effective date of
DOT's ACAA rule) and the end of August 1993, 678 complaints have
been filed with DOT. These include such issues as improper
handling or packaging of wheelchairs and their batteries, denial
of boarding assistance, refusal of some airlines to provide oxygen
aboard their planes (not required by our regulations) and carrier
personnel who are not trained adequately to comply with the
various provisions of the ACAA regulations.
- 5 -
In each instance, DOT verifies that the carrier has responded and
taken appropriate corrective action, where necessary. Such
complaints are also routinely reviewed to determine the extent to
which carriers are in compliance with the regulations. The
Department also uses these complaints to track trends or spot
areas of concern which may warrant further action with carriers in
the future. Cases in which serious or recurrent violations of the
regulations are found are referred to the Department's enforcement
office. Since the enactment of the regulations, the Department
has taken enforcement action against four major airlines for
violations of the rules. DOT also receives about 10 complaints
per year alleging that some part of an airport facility does not
comply with accessibility regulations, and DOT conducts follow-up
investigations with airports and carriers to resolve such
complaints.
Coming Initiatives - When DOT issued its 1990 ACAA regulations,
there was no safe, efficient way for wheelchair passengers to
board and leave small commuter aircraft (primarily those with 19
to 30 seats). As a result, the ACAA regulation does not require
boarding assistance for those aircraft, if hand-carrying is the
only form of assistance available. This has resulted in instances
of disabled travelers being denied boarding assistance on commuter
flights.
Private sector firms have now developed a series of external lifts
that have tested satisfactorily on most (but not all) commuter
aircraft in the 19 to 30 seat range. These devices range in cost
from $13,000 to $37,000. In September 1993, DOT published a
proposed rule to jointly require commuter air carriers and
operators of roughly 545 airports to acquire lift devices or other
equipment to board passengers with mobility impairments onto such
aircraft by 1997. DOT expects to publish a final rule by Spring
1994. Currently, we estimate about 50 airports have voluntarily
purchased lift devices for these aircraft. The lifts are not
designed for aircraft with below 19 seats, but the proposed rule
would require their use on such aircraft where feasible.
The Department must also determine how it will resolve problems
for passengers requiring medical oxygen. FAA regulations prohibit
airline passengers from carrying their own supply of medical
oxygen on board aircraft. It is provided by some airlines, at
costs ranging from $50 to $75 per flight. The apparatus must be
surrendered, however, at the gate upon arrival. If passengers
must lay over at an airport, medical oxygen is generally not
available for use in the terminal. While airlines and terminals
are not required to provide oxygen, many such travelers feel they
are being denied access to the Nation's air transportation system.
The Department has asked for comments in a recent NPRM about how
better to serve the needs of those who require medical oxygen, as
well as the handling of wheelchair batteries.
- 6 -
Cost - The Department estimated industry compliance cost to meet
its ACAA rule's aircraft accessibility and training requirements
at roughly $19.7 million per year (1990$). Estimates of total
costs to the aviation industry to provide boarding equipment would
range from $1.0 million to $8.3 million (1993$) per year (based on
alternative assumptions about the number of lifts and boarding
chairs needed per airport).
MASS TRANSIT
Status - In accordance with DOT's ADA regulations issued
September 6, 1991, every Federally subsidized transit system
currently provides some type of accessible service usable by
passengers with disabilities. The phased-in implementation of the
ADA is on schedule, and no major problems have been encountered.
The transit industry has held thousands of meetings with persons
with disabilities, involving them in their system planning and
fostering a new community of trust.
-
Accessible Vehicles - Under the ADA, all new, used and
refurbished transit buses, vans with over 16 seats, and
railcars for which a solicitation for purchase was made after
August 25, 1990, must be accessible. In demand responsive
service (e.g., dial-a-ride), an operator can provide
equivalent service in lieu of acquiring all new accessible
vehicles.
:
Buses: Out of a total active fleet of about 52,500
fixed-route buses in excess of 24 seats, operated by 458
Federally assisted transit agencies in urbanized areas
(over 50,000 population), roughly 50 percent, or 26,000
buses, are now lift-or ramp-equipped, versus 35 percent
prior to the ADA. DOT estimates the fleet will be 100
percent accessible in 405 urbanized areas by 2001.
--
Railcars: Under ADA, rapid, light and commuter rail
operators must provide one accessible car per train by
1995. As of year-end 1991, the total transit rail fleet
consisted of 8,106 rapid railcars, 811 light railcars,
and 3,989 commuter railcars. Currently, all rapid
railcars are accessible to wheelchair users, though many
do not satisfy ADA requirements for accessible features
to facilitate use by persons with vision and hearing
impairments (e.g., exterior speakers). There are
greater accessibility problems with many current light
and commuter rail systems.
-
Paratransit - DOT has completed review of plans required from
transit agencies covering a 5-year phase-in of paratransit
services, for persons with disabilities unable to use fixed-
route systems. Despite the effect of the recent recession on
local tax revenues, only two of the 540 systems submitting
paratransit plans to the DOT in the first year requested a
waiver due to undue financial burden (Richmond, VA and Suffolk
- 7 -
County, NY), and both were denied. However, waiver requests
are expected to increase significantly as we approach the end
of the phase-in period in 1996.
By year-end 1993, the second year of the phase-in period, over
100 of the 540 ADA paratransit areas have indicated that they
are planning to be in full compliance. The remaining 440
areas are expected to complete paratransit system implementa-
tion by year-end 1996. It is still too early in the
implementation timetable to determine whether lack of funding
for paratransit will prove a major problem in transit
agencies, all of which are dependent on existing Federal,
state and local funds. Many paratransit systems are
encountering problems because they now find they may have to
deny service to able-bodied elderly patrons previously served
on the basis of age, but who are no longer required to be
eligible under ADA guidelines.
-
Key Rail Stations - A key station is one that has particular
importance to users (e.g., because it is a transfer point
between lines, generates a high volume of demand, or
interfaces with other transportation modes). We estimate
about 500 of the 708 key stations are now wheelchair
accessible.
Time extensions beyond ADA's required July 1993 compliance
date have been granted by DOT for 284 key rail stations. Some
key station extensions run until 1999; others extend up to
2020; and some dates are still being determined. As key
station implementation proceeds, lack of funding to
accommodate major modifications may be a problem, because rail
operators must stretch existing Federal, state and local funds
for regular transit service to cover ADA station improvements.
Aside from granting time extensions authorized by ADA for
extraordinary key station expenses, DOT also proposed to
nearly fully fund authorized levels for the FY 95 mass transit
program, in part to help remedy some of the ADA funding
concerns.
The Department has decided to extend the deadline for
installation of detectable warning strips on rail platforms
from July 1993 to July 1994. DOT explicitly recognized the
safety importance of detectable warnings to visually impaired
passengers, but believed that rail systems needed additional
time to solve practical problems concerning the installation
and maintenance of such strips.
Cost - Over the FY 1995-FY 1999 period, ADA costs to the Nation's
public fixed-route operators should total about $900 million
annually, or about four percent of all public transit costs.
Annual costs are then expected to drop to $800 million following
the year 2000 after most key rail stations are made accessible
(the one-time capital cost estimates are $907 million for 12 rapid
rail operators, 10 commuter rail systems, and 14 light rail
- 8 -
systems for 708 key stations). Recurring capital and operating
costs of complementary paratransit service are estimated to be
$700 million per year. Lifts on buses and vans cost about $50
million per year, and railcar modification costs are estimated at
about $15 million per year. In the 1991-2000 decade total costs
for ADA mass transit compliance are estimated at $7.3 billion.
Compliance - The Department denied 115 key station time extension
requests, on the basis that the rail operators' requests did not
meet the $225,000 cost threshold established by FTA guidance to
satisfy the ADA criterion of "extraordinary expensive structural
change". These 115 key stations are in probable non-compliance
with the ADA July 1993 accessibility deadline and have been
referred to DOT's Office of Civil Rights to work out reasonable
timetables to reach station compliance.
INTERCITY RAIL SERVICE
Status - Amtrak's service is becoming accessible, providing where
necessary station-based lifts to accommodate wheelchairs from the
platform onto the car and accessible features within railcars.
Amtrak is purchasing new railcars and expects to meet the
requirement of one accessible car per train by ADA's July 1995
deadline.
Amtrak stations must undergo major alterations to bring them into
conformance with DOT's ADA standards, which call for full
accessibility at all Amtrak stations as soon as possible, but no
later than July 2010. In October 1992, the Amtrak Board of
Directors approved a plan to modify eight Amtrak-owned joint use
stations that have been designated as key stations and requested
that DOT extend its July 1993 deadline for installation of warning
edge stripping on train platforms and other substantial
improvements. Extensions were granted into 1994 and 1995 for five
of the stations, but Amtrak has since requested extensions on
these stations to July 1997.
Cost - The total cost of modifying the eight key Amtrak stations
is estimated at $9.3 million.
STREETS AND HIGHWAYS
Status - All Interstate highway rest areas were made accessible a
number of years ago because of previous legislation affecting
persons with disabilities. Other street and highway-related
facilities are covered by the DOJ's ADA Title II regulations
affecting state and local facilities. Under Title II, whenever
pedestrian facilities or bus stops and shelters are provided in
conjunction with new street or highway construction, curb cuts
must be included. For existing crosswalks on highways with curbs
- 9 -
in downtown areas, state and local governments with 50 or more
employees were required by July 1993, to include in their
transition plans a schedule for providing curb cuts, ramps, or
other sloped areas, giving priority to walkways serving state and
local government offices, facilities, transportation, public
accommodations, and employers.
In order to eliminate state to state inconsistencies concerning
parking for persons with disabilities, the Department issued a set
of nonbinding regulatory guidelines for establishment of a uniform
system for such parking in 1989.
Coming Initiatives - DOJ will soon amend its Title II regulation
expanding coverage to everything within public rights-of-way
(e.g., signage, street furniture, emergency road-side call boxes).
Compliance - Complaints affecting streets and highways received by
DOJ under Title II are being forwarded to DOT for investigation.
A significant number of these complaints are premature as the
alleged violations cannot yet be viewed as such under the state's
transition plan requirements.
MARITIME
Status - The Department is in the process of planning preparatory
research and anticipates issuing a proposed rule and cost/benefit
analysis by year-end 1995. An ANPRM would begin the process of
establishing ADA accessibility regulations and standards for
marine passenger vessels (ranging from ferry boats to cruise
ships) and facilities. This project must be coordinated with the
Access Board's issuance of related accessibility guidelines.
PRIVATE TRANSPORTATION
Status - Unlike previous statutes, the ADA requires private as
well as public transportation vehicles, services, and facilities
to be accessible, whether or not they receive Federal funds. The
ADA requirements for private transportation vary, depending on
whether the operator is or is not primarily involved in the
transportation business, operates demand-responsive or fixed-route
service, and uses large or small vehicles. Generally, most
private transportation operators must either acquire accessible
vehicles or provide equivalent service to disabled passengers.
Over-the-road buses are a special case under the ADA and are
discussed next.
INTERCITY, CHARTER, AND TOUR BUSES
Status - The ADA requires the Department to promulgate a final
rule by mid-May 1994, implementing accessibility requirements for
over-the-road buses (OTRB) and related facilities in the
- 10 -
intercity, charter and tour bus industries. These requirements
are to be effective in July 1996 for large carriers and July 1997
for small carriers, although the President may delay
implementation for up to one year to reduce excessive cost
burdens.
Currently, there are 3,500 private companies operating a total
fleet of 25,000 OTRBs, ranging in size from Greyhound with 1,800
fixed-route regular service buses to small companies with fewer
than one-half dozen buses. Most of the OTRB fleet is inaccessi-
ble, as are most terminals and flag stops (gas stations, grocery
stores, etc.). The OTRB industry provides a variety of services,
including fixed-route buses linking some 6,000 communities;
charter and tour services; and commuter, airport and other
services. For a number of reasons, since 1982, the OTRB ridership
base has shrunk from 130 million annual passengers to 37 million
passengers in 1990.
Currently, 26 OTRB operators provide about 350 lift-equipped buses
under contract to public agencies, and almost all such buses have
been purchased with the aid of public monies. Few passengers have
used the lifts. In October 1993, DOT issued an ANPRM to explore
legal, technical and operational issues involved in developing
OTRB accessibility requirements. The Department and the Access
Board held a joint workshop on October 21-22, 1993, where key
issues with all parties affected by this rulemaking were
discussed. Major issues to be addressed in this rulemaking
concern (1) the potential compliance costs on a struggling
industry; (2) how to provide accessible restroom services; and (3)
how to frame ADA-mandated accessibility requirements to minimize
economic disruption of the industry, and reduce the risk that OTRB
services will be cancelled in rural areas where they are
especially needed.
Costs - Based on OTA's report to Congress, the estimated cost of
equipping an OTRB with lift and related equipment ranges from
$7,000 to $35,000. There are also costs from foregone revenue
resulting from the loss of seating and baggage capacity to
accommodate lifts and wheelchair securement spaces.
CONCLUSION
Much has been accomplished in removing barriers to those with
disabilities in the Nation's transportation system. The
Department has kept up well in developing, promulgating, and
implementing its regulations within the timetables mandated by the
ADA, the ACAA, and section 504. In many cases, enforcement
procedures are still evolving, as new rules go into effect and we
gain experience with their implementation. In addition, the
Department is working to ensure that its own programs and
facilities are fully consistent with requirements for non-
discrimination on the basis of disability.
APPENDIX A
STATUTES AND REGULATIONS AFFECTING PERSONS WITH DISABILITIES
Many programs and activities of the Department are affected by the
following laws pertaining to persons with disabilities.
The Architectural Barriers Act of 1968, as amended, requires
that certain buildings financed with Federal funds be designed
and constructed to be accessible to the physically
handicapped.
Section 16 of the Federal Transit Act, as amended, sets forth
a policy that elderly and persons with disabilities have the
same right to utilize Federally-subsidized mass transportation
facilities and services as other persons.
Section 165 (b) of the Federal Aid Highway Act of 1973, as
amended, requires that certain transportation projects
receiving Federal funds under the Act be planned, designed,
constructed, and operated to allow effective utilization by
elderly and handicapped persons.
Section 504 of the Rehabilitation Act of 1973, as amended,
prohibits discrimination on the basis of handicap in all
Federally assisted and conducted programs.
The Air Carrier Access Act of 1986 prohibits discrimination on
the basis of handicap in air travel.
Section 161 of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 directed the Secretary of
Transportation to conduct a study on parking for handicapped
persons.
The Americans With Disabilities Act OF 1990 (ADA) gives civil
rights protection to individuals with disabilities similar to
those given to individuals on the basis of race, sex, national
origin and religion. It guarantees equal opportunity for
individuals with disabilities in public accommodations,
employment, transportation, state and local government
services and telecommunications. The Department issued a
final rule in 1990 implementing many provisions of the ADA.
APPENDIX B
ADA TECHNICAL ASSISTANCE
The Federal Transit Administration (FTA) has produced the
following ADA guidelines and reference reports:
Handbook on Preparation of ADA Paratransit Plan.
Guidelines for Improvement of Transit Accessibility for
Persons with Disabilities.
Update of 1986 FTA-Sponsored "Guidelines for Active and
Passive Wheelchair Lifts, Ramps and Securement Devices.
Guidelines on Rail Car Gaps and High Platform Safety.
Guidelines on Wheelchair and Three Wheel Scooters use in
Public Transit.
Guidelines on Transportation Needs of Persons with Visual,
Hearing, and Cognitive Impairments.
Strategies for Implementing a Standee-on-Lift Program for
Fixed-Route Bus Service.
Accessibility Handbook for Transit Facilities.
Handbook and Course on Public Participation in Transportation
Planning.
Americans With Disabilities Act Paratransit Eligibility Manual
and Course of Study.
Independent Locking Securement System for Mobility Aids in
Public Transportation Vehicles.
FTA is also supporting accessibility demonstration projects in 25
cities, which are being conducted under the auspices of the
National Easter Seal Society.
During fiscal year 1994, FTA's technical assistance activities
will continue to focus on the technology requirements to overcome
mobility barriers and will address additional accessibility needs
with regard to buses, bus stops, rail cars, and transit
facilities. Special emphasis will be placed on problems of safety
(adequacy of securements for wheelchairs and other mobility aids
in vehicles and protective devices for standees on lifts), and on
the communications needs of persons with visual, hearing, and
other physical or mental impairments.