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[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR27] [Page 343-355]
TITLE 49--TRANSPORTATION
Subtitle A--Office of the Secretary of Transportation
PART 27_NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR
ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE Subpart A_General Sec.
27.1 Purpose.
27.3 Applicability.
27.5 Definitions.
27.7 Discrimination prohibited.
27.9 Assurance required.
27.11 Remedial action, voluntary action, and compliance planning.
27.13 Designation of responsible employee and adoption of grievance
procedures.
27.15 Notice.
27.17 Effect of State or local law.
27.19 Compliance with Americans with Disabilities Act requirements and
FTA policy. Subpart B_Accessibility Requirements in Specific Operating
Administration Programs: Airports, Railroads, and Highways 27.71 Airport facilities.
27.72 Boarding assistance for aircraft.
27.75 Federal Highway Administration--highways.
27.77 Recipients of Essential Air Service subsidies. Subpart C_Enforcement 27.121 Compliance information.
27.123 Conduct of investigations.
27.125 Compliance procedure.
27.127 Hearings.
27.129 Decisions and notices. Authority: Sec. 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit Act of 1964,
as amended (49 U.S.C. 5310 (a) and (f); sec. 165(b) of the Federal-Aid
Highway Act of 1973, as amended (23 U.S.C. 142 nt.). Source: 44 FR 3l468, May 31, l979, unless otherwise noted. Editorial Note: Nomenclature changes to part 27 appear at 61 FR
56424, Nov. 1, 1996. Subpart A_General Sec. 27.1 Purpose. The purpose of this part is to carry out the intent of section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended, to the end
that no otherwise qualified individual with a disability in the United
States shall, solely by reason of his or her disability, be excluded
from the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance. Sec. 27.3 Applicability. (a) This part applies to each recipient of Federal financial
assistance from the Department of Transportation and to each program or
activity that receives such assistance.
(b) Design, construction, or alteration of buildings or other fixed
facilities by public entities subject to part 37 of this title shall be
in conformance with appendix A to part 37 of this title. All other
entities subject to section 504 shall design, construct or alter a
building, or other fixed facilities shall be in conformance with either
appendix A to part 37 of this title or the Uniform Federal Accessibility
Standards, 41 CFR part 101-19 subpart 101-19.6, appendix A. [44 FR 31468, May 31, 1979, as amended at 56 FR 45621, Sept. 6, 1991; 68
FR 51390, Aug. 26, 2003] Sec. 27.5 Definitions. As used in this part:
Act means the Rehabilitation Act of 1973, Public Law 93-112, as
amended.
Applicant means one who submits an application, request, or plan to
be approved by a Departmental official or by a primary recipient as a
condition to eligibility for Federal financial assistance, and
application means such an application, request, or plan.
Commercial service airport means an airport that is defined as a
commercial service airport for purposes of the Federal Aviation
Administration's Airport Improvement Program and that enplanes annually
2500 or more passengers and receives scheduled passenger service of
aircraft.
Department means the Department of Transportation.
Discrimination means denying handicapped persons the opportunity to
participate in or benefit from any program or activity receiving Federal
financial assistance.
Facility means all or any portion of buildings, structures,
vehicles, equipment, roads, walks, parking lots, or other real or
personal property or interest in such property. [[Page 344]] Federal financial assistance means any grant, loan, contract (other
than a procurement contract or a contract of insurance or guaranty), or
any other arrangement by which the Department provides or otherwise
makes available assistance in the form of:
(a) Funds;
(b) Services of Federal personnel; or
(c) Real or personal property or any interest in, or use of such
property, including:
(1) Transfers or leases of such property for less than fair market
value or for reduced consideration; and
(2) 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.
Handicapped person means (1) any person who (a) has a physical or
mental impairment that substantially limits one or more major life
activities, (b) has a record of such an impairment, or (c) is regarded
as having such an impairment. (2) As used in this definition, the
phrase:
(a) Physical or mental impairment means (i) any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech
organs; cardiovascular, reproductive; digestive; genito-urinary; hemic
and lymphatic; skin; and endocrine; or (ii) any mental or psychological
disorder, such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities. The term physical
or mental impairment includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech, and hearing impairments;
cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis;
cancer; heart disease; mental retardation; emotional illness; drug
addiction; and alcoholism.
(b) Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(c) Has a record of such an impairment means has a history of, or
has been classified, or misclassified, as having a mental or physical
impairment that substantially limits one or more major life activities.
(d) Is regarded as having an impairment means:
(1) Has a physical or mental impairment that does not substantially
limit major life activities but that is treated by a recipient as
constituting such a limitation;
(2) Has a physical or mental impairment that substantially limits
major life activity only as a result of the attitudes of others toward
such an impairment; or
(3) Has none of the impairments set forth in paragraph (1) of this
definition, but is treated by a recipient as having such an impairment.
Head of Operating Administration means the head of an operating
administration within the Department (U.S. Coast Guard, Federal Highway
Administration, Federal Aviation Administration, Federal Railroad
Administration, National Highway Traffic Safety Administration, Federal
Transit Administration, and Research and Special Programs
Administration) providing Federal financial assistance to the recipient.
Primary recipient means any recipient that is authorized or required
to extend Federal financial assistance from the Department to another
recipient.
Program or activity means all of the operations of any entity
described in paragraphs (1) through (4) of this definition, any part of
which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other State
or local government entity) to which the assistance is extended, in the
case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution, or
a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system; [[Page 345]] (3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
Qualified handicapped person means:
(1) With respect to employment, a handicapped person who, with
reasonable accommodation and within normal safety requirements, can
perform the essential functions of the job in question, but the term
does not include any individual who is an alcoholic or drug abuser whose
current use of alcohol or drugs prevents such person from performing the
duties of the job in question or whose employment, by reason of such
current alcohol or drug abuse, would constitute a direct threat to
property or the safety of others; and
(2) With respect to other services, a handicapped person who meets
the essential eligibility requirements for the receipt of such services.
Recipient means 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 Department is extended directly or
through another recipient, including any successor, assignee, or
transferee thereof, but such term does not include any ultimate
beneficiary.
Secretary means the Secretary of Transportation.
Section 504 means section 504 of the Act.
Special service system means a transportation system specifically
designed to serve the needs of persons who, by reason of disability, are
physically unable to use bus systems designed for use by the general
public. Special service is characterized by the use of vehicles smaller
than a standard transit bus which are usable by handicapped persons,
demand-responsive service, point of origin to point of destination
service, and flexible routing and scheduling. [44 FR 31468, May 31, 1979, as amended by Amdt. 1, 46 FR 37492, July 20,
1981; Amdt. 27-3, 51 FR 19017, May 23, 1986; 56 FR 45621, Sept. 6, 1991;
61 FR 32354, June 24, 1996; 61 FR 56424, Nov. 1, 1996; 68 FR 51390, Aug.
26, 2003] Sec. 27.7 Discrimination prohibited. (a) General. No qualified handicapped person shall, solely by reason
of his disability, be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination under any
program or activity that receives Federal financial assistance
administered by the Department of Transportation.
(b) Discriminatory actions prohibited. (1) A recipient, in providing
any aid, benefit, or service, may not, directly or through contractual,
licensing, or other arrangements, on the basis of disability:
(i) Deny a qualified handicapped person the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Afford a qualified handicapped person an opportunity to
participate in or benefit from the aid, benefit, or service that is not
substantially equal to that afforded persons who are not handicapped;
(iii) Provide a qualified handicapped person with an aid, benefit,
or service that is not as effective in affording equal opportunity to
obtain the same result, to gain the same benefit, or to reach the same
level of achievement as persons who are not handicapped;
(iv) Provide different or separate aid, benefits, or services to
handicapped persons or to any class of handicapped persons unless such
action is necessary to provide qualified handicapped persons with aid,
benefits or services that [[Page 346]] are as effective as those provided to persons who are not handicapped;
(v) Aid or perpetuate discrimination against a qualified handicapped
person by providing financial or other assistance to an agency,
organization, or person that discriminates on the basis of disability in
providing any aid, benefit, or service to beneficiaries of the
recipient's program or activity;
(vi) Deny a qualified handicapped person the opportunity to
participate in conferences, in planning or advising recipients,
applicants or would-be applicants, or
(vii) Otherwise limit a qualified handicapped person in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving an aid, benefit, or service.
(2) For purposes of this part, aids, benefits, and services, to be
equally effective, are not required to produce the identical result or
level of achievement for handicapped and nonhandicapped persons, but
must afford handicapped persons equal opportunity to obtain the same
result, to gain the same benefit, or to reach the same level of
achievement, in the most integrated setting that is reasonably
achievable.
(3) Even if separate or different aid, benefits, or services are
available to handicapped persons, a recipient may not deny a qualified
handicapped person the opportunity to participate in the programs or
activities that are not separate or different.
(4) A recipient may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration:
(i) That have the effect of subjecting qualified handicapped persons
to discrimination on the basis of disability,
(ii) That have the purpose or effect of defeating or substantially
reducing the likelihood that handicapped persons can benefit by the
objectives of the recipient's program or activity, or
(iii) That yield or perpetuate discrimination against another
recipient if both recipients are subject to common administrative
control or are agencies of the same State.
(5) In determining the site or location of a facility, an applicant
or a recipient may not make selections:
(i) That have the effect of excluding handicapped persons from,
denying them the benefits of, or otherwise subjecting them to
discrimination under any program or activity that receives Federal
financial assistance, or
(ii) That have the purpose or effect of defeating or substantially
impairing the accomplishment of the objectives of the program or
activity with respect to handicapped persons.
(6) As used in this section, the aid benefit, or service provided
under a program or activity receiving Federal financial assistance
includes any aid, benefit, or service provided in or through a facility
that has been constructed, expanded, altered, leased or rented, or
otherwise acquired, in whole or in part, with Federal financial
assistance.
(c) Communications. Recipients shall take appropriate steps to
ensure that communications with their applicants, employees, and
beneficiaries are available to persons with impaired vision and hearing.
(d) Aid, benefits, or services limited by Federal law. For aid,
benefits, or services authorized by Federal statute or executive order
that are designed especially for the handicapped, or for a particular
class of handicapped persons, the exclusion of nonhandicapped or other
classes of handicapped persons is not prohibited by this part. [44 FR 3l468, May 31, l979, as amended at 68 FR 51390, Aug. 26, 2003] Sec. 27.9 Assurance required. (a) General. Each application for Federal financial assistance to
which this part applies, and each application to provide a facility,
shall, as a condition to approval or extension of any Federal financial
assistance pursuant to the application, contain, or be accompanied by,
written assurance that the program or activity will be conducted or the
facility operated in compliance with all the requirements imposed by or
pursuant to this part. An applicant may incorporate these assurances by
reference in subsequent applications to the Department.
(b) Future effect of assurances. Recipients of Federal financial
assistance, and transferees of property obtained by a recipient with the
participation of [[Page 347]] Federal financial assistance, are bound by the recipient's assurance
under the following circumstances:
(1) When Federal financial assistance is provided in the form of a
conveyance of real property or an interest in real property from the
Department of Transportation to a recipient, the instrument of
conveyance shall include a convenant running with the land binding the
recipient and subsequent transferees to comply with the requirements of
this part for so long as the property is used for the purpose for which
the Federal financial assistance was provided or for a similar purpose.
(2) When Federal financial assistance is used by a recipient to
purchase or improve real property, the assurance provided by the
recipient shall obligate the recipient to comply with the requirements
of this part and require any subsequent transferee of the property, who
is using the property for the purpose for which the Federal financial
assistance was provided, to agree in writing to comply with the
requirements of this part. The obligations of the recipient and
transferees under this part shall continue in effect for as long as the
property is used for the purpose for which Federal financial assistance
was provided or for a similar purpose.
(3) When Federal financial assistance is provided to the recipient
in the form of, or is used by the recipient to obtain, personal
property, the assurance provided by the recipient shall obligate the
recipient to comply with the requirements of this part for the period it
retains ownership or possession of the property or the property is used
by a transferee for purposes directly related to the operations of the
recipient.
(4) When Federal financial assistance is used by a recipient for
purposes other than to obtain property, the assurance provided shall
obligate the recipient to comply with the requirements of this part for
the period during which the Federal financial assistance is extended to
the program or activity. [44 FR 3l468, May 31, l979, as amended at 68 FR 51390, Aug. 26,2003] Sec. 27.11 Remedial action, voluntary action and compliance planning. (a) Remedial action. (1) If the responsible Departmental official
finds that a qualified handicapped person has been excluded from
participation in, denied the benefits of, or otherwise subjected to
discrimination under, any program or activity in violation of this part,
the recipient shall take such remedial action as the responsible
Departmental official deems necessary to overcome the effects of the
violation.
(2) Where a recipient is found to have violated this part, and where
another recipient exercises control over the recipient that has violated
this part, the responsible Departmental official, where appropriate, may
require either or both recipients to take remedial action.
(3) The responsible Departmental official may, where necessary to
overcome the effects of a violation of this part, require a recipient to
take remedial action:
(i) With respect to handicapped persons who are no longer
participants in the recipient's program or activity but who were
participants in the program or activity when such discrimination
occurred, and
(ii) With respect to handicapped persons who would have been
participants in the program or activity had the discrimination not
occurred.
(b) Voluntary action. A recipient may take steps, in addition to any
action that is required by this part, to assure the full participation
in the recipient's program or activity by qualified handicapped persons.
(c) Compliance planning. (1) A recipient shall, within 90 days from
the effective date of this part, designate and forward to the head of
any operating administration providing financial assistance, with a copy
to the responsible Departmental official the names, addresses, and
telephone numbers of the persons responsible for evaluating the
recipient's compliance with this part.
(2) A recipient shall, within 180 days from the effective date of
this part, after consultation at each step in paragraphs (c)(2) (i)-
(iii) of this section with interested persons, including handicapped
persons and organizations representing the handicapped: [[Page 348]] (i) Evaluate its current policies and practices for implementing
these regulations, and notify the head of the operating administration
of the completion of this evaluation;
(ii) Identify shortcomings in compliance and describe the methods
used to remedy them;
(iii) Begin to modify, with official approval of recipient's
management, any policies or practices that do not meet the requirements
of this part according to a schedule or sequence that includes
milestones or measures of achievement. These modifications shall be
completed within one year from the effective date of this part;
(iv) Take appropriate remedial steps to eliminate the effects of any
discrimination that resulted from previous policies and practices; and
(v) Establish a system for periodically reviewing and updating the
evaluation.
(3) A recipient shall, for at least three years following completion
of the evaluation required under paragraph (c)(2) of this section,
maintain on file, make available for public inspection, and furnish upon
request to the head of the operating administration:
(i) A list of the interested persons consulted;
(ii) A description of areas examined and any problems indentified;
and
(iii) A description of any modifications made and of any remedial
steps taken. [44 FR 3l468, May 31, l979, as amended at 68 FR 51390, Aug. 26,2003] Sec. 27.13 Designation of responsible employee and adoption of
grievance procedures. (a) Designation of responsible employee. Each recipient that employs
fifteen or more persons shall, within 90 days of the effective date of
this regulation, forward to the head of the operating administration
that provides financial assistance to the recipient, with a copy to the
responsible Departmental official, the name, address, and telephone
number of at least one person designated to coordinate its efforts to
comply with this part. Each such recipient shall inform the head of the
operating administration of any subsequent change.
(b) Adoption of complaint procedures. A recipient that employs
fifteen or more persons shall, within 180 days, adopt and file with the
head of the operating administration procedures that incorporate
appropriate due process standards and provide for the prompt and
equitable resolution of complaints alleging any action prohibited by
this part. Sec. 27.15 Notice. (a) A recipient shall take appropriate initial and continuing steps
to notify participants, beneficiaries, applicants, and employees,
including those with impaired vision or hearing, and unions or
professional organizations holding collective bargaining or professional
agreements with the recipient, that it does not discriminate on the
basis of disability. The notification shall state, where appropriate,
that the recipient does not discriminate in admission or access to, or
treatment or employment in, its programs or activities. The notification
shall also include an identification of the responsible employee
designated pursuant to Sec. 27.13(a). A recipient shall make the
initial notification required by this section within 90 days of the
effective date of this part. Methods of initial and continuing
notification may include the posting of notices, publication in
newspapers and magazines, placement of notices in recipients'
publications and distribution of memoranda or other written
communications.
(b) If a recipient publishes or uses recruitment materials or
publications containing general information that it makes available to
participants, beneficiaries, applicants, or employees, it shall include
in those materials or publications a statement of the policy described
in paragraph (a) of this section. A recipient may meet the requirement
of this paragraph either by including appropriate inserts in existing
materials and publications or by revising and reprinting the materials
and publications. In either case, the addition or revision must be
specially noted. Sec. 27.17 Effect of State or local law. The obligation to comply with this part is not obviated or affected
by any State or local law. [[Page 349]] Sec. 27.19 Compliance with Americans with Disabilities Act
requirements and FTA policy. (a) Recipients subject to this part (whether public or private
entities as defined in 49 CFR part 37) shall comply with all applicable
requirements of the Americans with Disabilities Act (ADA) of 1990 (42
U.S.C. 12101-12213) including the Department's ADA regulations (49 CFR
parts 37 and 38), the regulations of the Department of Justice
implementing titles II and III of the ADA (28 CFR parts 35 and 36), and
the regulations of the Equal Employment Opportunity Commission (EEOC)
implementing title I of the ADA (29 CFR part 1630). Compliance with the
EEOC title I regulations is required as a condition of compliance with
section 504 for DOT recipients even for organizations which, because
they have fewer than 25 or 15 employees, would not be subject to the
EEOC regulation in its own right. Compliance with all these regulations
is a condition of receiving Federal financial assistance from the
Department of Transportation. Any recipient not in compliance with this
requirement shall be subject to enforcement action under subpart F of
this part.
(b) Consistent with FTA policy, any recipient of Federal financial
assistance from the Federal Transit Administration whose solicitation
was made before August 26, 1990, and is for one or more inaccessible
vehicles, shall provide written notice to the Secretary (e.g., in the
case of a solicitation made in the past under which the recipient can
order additional new buses after the effective date of this section).
The Secretary shall review each case individually, and determine whether
the Department will continue to participate in the Federal grant,
consistent with the provisions in the grant agreement between the
Department and the recipient. [55 FR 40763, Oct. 4, 1990, as amended at 56 FR 45621, Sept. 6, 1991; 61
FR 32354, June 24, 1996] Subpart B_Accessibility Requirements in Specific Operating
Administration Programs: Airports, Railroads, and Highways Sec. 27.71 Airport facilities. (a) This section applies to all terminal facilities and services
owned, leased, or operated on any basis by a recipient of DOT financial
assistance at a commercial service airport, including parking and ground
transportation facilities.
(b) Airport operators shall ensure that the terminal facilities and
services subject to this section shall be readily accessible to and
usable by individuals with disabilities, including individuals who use
wheelchairs. Airport operators shall be deemed to comply with this
section 504 obligation if they meet requirements applying to state and
local government programs or activities and facilities under Department
of Justice (DOJ) regulations implementing Title II of the Americans with
Disabilities Act (ADA).
(c) The airport shall ensure that there is an accessible path
between the gate and the area from which aircraft are boarded.
(d) Systems of inter-terminal transportation, including, but not
limited to, shuttle vehicles and people movers, shall comply with
applicable requirements of the Department of Transportation's ADA rules.
(e) The Americans with Disabilities Act Accessibility Guidelines
(ADAAGs), including section 10.4 concerning airport facilities, shall be
the standard for accessibility under this section.
(f) Contracts or leases between carriers and airport operators
concerning the use of airport facilities shall set forth the respective
responsibilities of the parties for the provision of accessible
facilities and services to individuals with disabilities as required by
this part and applicable ADA rules of the Department of Transportation
and Department of Justice for airport operators and applicable Air
Carrier Access Act rules (49 CFR part 382) for carriers.
(g) If an airport operator who receives Federal financial assistance
for [[Page 350]] an existing airport facility has not already done so, the recipient
shall submit a transition plan meeting the requirements of Sec.
27.65(d) of this part to the FAA no later than March 3, 1997. [61 FR 56424, Nov. 1, 1996, as amended at 68 FR 51391, Aug. 26, 2003] Sec. 27.72 Boarding assistance for aircraft. (a) Paragraphs (b)-(e) of this section apply to airports with 10,000
or more annual enplanements.
(b) Airports shall, in cooperation with carriers serving the
airports, provide boarding assistance to individuals with disabilities
using mechanical lifts, ramps, or other devices that do not require
employees to lift or carry passengers up stairs. Paragraph (c) of this
section applies to aircraft with a seating capacity of 19 through 30
passengers. Paragraph (d) of this section applies to aircraft with a
seating capacity of 31 or more passengers.
(c)(1) Each airport operator shall negotiate in good faith with each
carrier serving the airport concerning the acquisition and use of
boarding assistance devices for aircraft with a seating capacity of 19
through 30 passengers. The airport operator and the carrier(s) shall, by
no later than September 2, 1997, sign a written agreement allocating
responsibility for meeting the boarding assistance requirements of this
section between or among the parties. The agreement shall be made
available, on request, to representatives of the Department of
Transportation.
(2) The agreement shall provide that all actions necessary to ensure
accessible boarding for passengers with disabilities are completed as
soon as practicable, but no later than December 2, 1998, at large and
medium commercial service hub airports (those with 1,200,000 or more
annual enplanements); December 2, 1999, for small commercial service hub
airports (those with between 250,000 and 1,199,999 annual enplanements);
or December 2, 2000, for non-hub commercial service primary airports
(those with between 10,000 and 249,999 annual enplanements). All air
carriers and airport operators involved are jointly responsible for the
timely and complete implementation of the agreement.
(3) Boarding assistance under the agreement is not required in the
following situations:
(i) Access to aircraft with a capacity of fewer than 19 or more than
30 seats;
(ii) Access to float planes;
(iii) Access to the following 19-seat capacity aircraft models: the
Fairchild Metro, the Jetstream 31, and the Beech 1900 (C and D models);
(iv) Access to any other 19-seat aircraft model determined by the
Department of Transportation to be unsuitable for boarding assistance by
lift, ramp or other suitable device on the basis of a significant risk
of serious damage to the aircraft or the presence of internal barriers
that preclude passengers who use a boarding or aisle chair to reach a
non-exit row seat.
(4) When boarding assistance is not required to be provided under
paragraph (c)(3) of this section, or cannot be provided as required by
paragraphs (b) and (c) of this section (e.g., because of mechanical
problems with a lift), boarding assistance shall be provided by any
available means to which the passenger consents, except hand-carrying as
defined in 14 CFR 382.39(a)(2).
(5) The agreement shall ensure that all lifts and other
accessibility equipment are maintained in proper working condition.
(d)(1) Each airport operator shall negotiate in good faith with each
carrier serving the airport concerning the acquisition and use of
boarding assistance devices for aircraft with a seating capacity of 31
or more passengers where level entry boarding is not otherwise
available. The airport operator and the carrier(s) shall, by no later
than March 4, 2002 sign a written agreement allocating responsibility
for meeting the boarding assistance requirements of this section between
or among the parties. The agreement shall be made available, on request,
to representatives of the Department of Transportation.
(2) The agreement shall provide that all actions necessary to ensure
accessible boarding for passengers with disabilities are completed as
soon as practicable, but no later than December 4, [[Page 351]] 2002. All air carriers and airport operators involved are jointly
responsible for the timely and complete implementation of the agreement.
(3) Level-entry boarding assistance under the agreement is not
required with respect to float planes or with respect to any widebody
aircraft determined by the Department of Transportation to be unsuitable
for boarding assistance by lift, ramp, or other device on the basis that
no existing boarding assistance device on the market will accommodate
the aircraft without a significant risk of serious damage to the
aircraft or injury to passengers or employees.
(4) When level-entry boarding assistance is not required to be
provided under paragraph (d)(3) of this section, or cannot be provided
as required by paragraphs (b) and (d) of this section (e.g., because of
mechanical problems with a lift), boarding assistance shall be provided
by any available means to which the passenger consents, except hand-
carrying as defined in 14 CFR 382.39(a)(2).
(5) The agreement shall ensure that all lifts and other
accessibility equipment are maintained in proper working condition.
(e) In the event that airport personnel are involved in providing
boarding assistance, the airport shall ensure that they are trained to
proficiency in the use of the boarding assistance equipment used at the
airport and appropriate boarding assistance procedures that safeguard
the safety and dignity of passengers. [66 FR 22115, May 3, 2001] Sec. 27.75 Federal Highway Administration--highways. (a) New facilities--(1) Highway rest area facilities. All such
facilities that will be constructed with Federal financial assistance
shall be designed and constructed in accordance with the accessibility
standards referenced in Sec. 27.3(b) of this part.
(2) Curb cuts. All pedestrian crosswalks constructed with Federal
financial assistance shall have curb cuts or ramps to accommodate
persons in wheelchairs, pursuant to section 228 of the Federal-Aid
Highway Act of 1973 (23 U.S.C. 402(b)(1)(F)).
(3) Pedestrian over-passes, under-passes and ramps. Pedestrian over-
passes, under-passes and ramps, constructed with Federal financial
assistance, shall be accessible to handicapped persons, including having
gradients no steeper than 10 percent, unless:
(i) Alternate safe means are provided to enable mobility-limited
persons to cross the roadway at that location; or
(ii) It would be infeasible for mobility-limited persons to reach
the over-passes, under-passes or ramps because of unusual topographical
or architectural obstacles unrelated to the federally assisted facility.
(b) Existing facilities--Rest area facilities. Rest area facilities
on Interstate highways shall be made accessible to handicapped persons,
including wheelchair users, within a three-year period after the
effective date of this part. Other rest area facilities shall be made
accessible when Federal financial assistance is used to improve the rest
area, or when the roadway adjacent to or in the near vicinity of the
rest area is constructed, reconstructed or otherwise altered with
Federal financial assistance. [44 FR 31468, May 31, 1979, as amended by Amdt. 27-3, 51 FR 19017, May
23, 1986. Redesignated at 56 FR 45621, Sept. 6, 1991] Sec. 27.77 Recipients of Essential Air Service subsidies. Any air carrier receiving Federal financial assistance from the
Department of Transportation under the Essential Air Service Program
shall, as a condition of receiving such assistance, comply with
applicable requirements of this part and applicable section 504 and ACAA
rules of the Department of Transportation. [61 FR 56425, Nov. 1, 1996, as amended at 68 FR 51391, Aug. 26, 2003] Subpart C_Enforcement Source: 44 FR 31468, May 31, 1979, unless otherwise noted.
Redesignated at 56 FR 45621, Sept. 6, 1991. Sec. 27.121 Compliance information. (a) Cooperation and assistance. The responsible Departmental
official, to the [[Page 352]] fullest extent practicable, seeks the cooperation of recipients in
securing compliance with this part and provides assistance and guidance
to recipients to help them comply with this part.
(b) Compliance reports. Each recipient shall keep on file for one
year all complaints of noncompliance received. A record of all such
complaints, which may be in summary form, shall be kept for five years.
Each recipient shall keep such other records and submit to the
responsible Departmental official or his/her designee timely, complete,
and accurate compliance reports at such times, and in such form, and
containing such information as the responsible Department official may
prescribe. In the case in which a primary recipient extends Federal
financial assistance to any other recipient, the other recipient shall
also submit compliance reports to the primary recipient so as to enable
the primary recipient to prepare its report.
(c) Access to sources of information. Each recipient shall permit
access by the responsible Departmental official or his/her designee
during normal business hours to books, records, accounts, and other
sources of information, and to facilities that are pertinent to
compliance with this part. Where required information is in the
exclusive possession of another agency or person who fails or refuses to
furnish the information, the recipient shall so certify in its report
and describe the efforts made to obtain the information. Considerations
of privacy or confidentiality do not bar the Department from evaluating
or seeking to enforce compliance with this part. Information of a
confidential nature obtained in connection with compliance evaluation or
enforcement is not disclosed by the Department, except in formal
enforcement proceedings, where necessary, or where otherwise required by
law.
(d) Information to beneficiaries and participants. Each recipient
shall make available to participants, beneficiaries, and other
interested persons such information regarding the provisions of this
regulation and its application to the program or activity for which the
recipient receives Federal financial assistance, and make such
information available to them in such manner, as the responsible
Departmental official finds necessary to apprise them of the protections
against discrimination provided by the Act and this part. [44 FR 31468, May 31, 1979. Redesignated at 56 FR 45621, Sept. 6, 1991.
68 FR 51391, Aug. 26, 2003] Sec. 27.123 Conduct of investigations. (a) Periodic compliance reviews. The responsible Departmental
official or his/her designee, from time to time, reviews the practices
of recipients to determine whether they are complying with this part.
(b) Complaints. Any person who believes himself/herself or any
specific class of individuals to be harmed by failure to comply with
this part may, personally or through a representative, file a written
complaint with the responsible Departmental official. A Complaint must
be filed not later than 180 days from the date of the alleged
discrimination, unless the time for filing is extended by the
responsible Departmental official or his/her designee.
(c) Investigations. The responsible Departmental official or his/her
designee makes a prompt investigation whenever a compliance review,
report, complaint, or any other information indicates a possible failure
to comply with this part. The investigation includes, where appropriate,
a review of the pertinent practices and policies of the recipient, and
the circumstances under which the possible noncompliance with this part
occurred.
(d) Resolution of matters. (1) If, after an investigation pursuant
to paragraph (c) of this section, the responsible Departmental official
finds reasonable cause to believe that there is a failure to comply with
this part, the responsible Departmental official will inform the
recipient. The matter is resolved by informal means whenever possible.
If the responsible Departmental official determines that the matter
cannot be resolved by informal means, action is taken as provided in
Sec. 27.125.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) of this section, the responsible Departmental official
or his/her designee so informs the recipient and the complainant, if
any, in writing. [[Page 353]] (e) Intimidating and retaliatory acts prohibited. No employee or
contractor of a recipient shall intimidate, threaten, coerce, or
discriminate against any individual for the purpose of interfering with
any right or privilege secured by section 504 of the Act or this part,
or because the individual has made a complaint, testified, assisted, or
participated in any manner in an investigation, hearing, or proceeding,
under this part. The identity of complainants is kept confidential at
their election during the conduct of any investigation, hearing or
proceeding under this part. However, when such confidentiality is likely
to hinder the investigation, the complainant will be advised for the
purpose of waiving the privilege. Sec. 27.125 Compliance procedure. (a) General. If there is reasonable cause for the responsible
Departmental official to believe that there is a failure to comply with
any provision of this part that cannot be corrected by informal means,
the responsible Departmental official may recommend suspension or
termination of, or refusal to grant or to continue Federal financial
assistance, or take any other steps authorized by law. Such other steps
may include, but are not limited to:
(1) A referral to the Department of Justice with a recommendation
that appropriate proceedings be brought to enforce any rights of the
United States under any law of the United States (including other titles
of the Act), or any assurance or other contractural undertaking; and
(2) Any applicable proceeding under State or local law.
(b) Refusal of Federal financial assistance. (1) No order
suspending, terminating, or refusing to grant or continue Federal
financial assistance becomes effective until:
(i) The responsible Departmental official has advised the applicant
or recipient of its failure to comply and has determined that compliance
cannot be secured by voluntary means; and
(ii) There has been an express finding by the Secretary on the
record, after opportunity for hearing, of a failure by the applicant or
recipient to comply with a requirement imposed by or pursuant to this
part.
(2) Any action to suspend, terminate, or refuse to grant or to
continue Federal financial assistance is limited to the particular
recipient who has failed to comply, and is limited in its effect to the
particular program or activity, or part thereof, in which noncompliance
has been found.
(c) Other means authorized by law. No other action is taken until:
(1) The responsible Departmental official has determined that
compliance cannot be secured by voluntary means;
(2) The recipient or other person has been notified by the
responsible Departmental official of its failure to comply and of the
proposed action;
(3) The expiration of at least 10 days from the mailing of such
notice to the recipient or other person. During this period, additional
efforts are made to persuade the recipient or other person to comply
with the regulations and to take such corrective action as may be
appropriate. [44 FR 31468, May 31, 1979. Redesignated at 56 FR 45621, Sept. 6, 1991.
68 FR 51391, Aug. 26, 2003] Sec. 27.127 Hearings. (a) Opportunity for hearing. Whenever an opportunity for a hearing
is required by Sec. 27.125(b), reasonable notice is given by the
responsible Departmental official by registered or certified mail,
return receipt requested, to the affected applicant or recipient. This
notice advises the applicant or recipient of the action proposed to be
taken, the specific provision under which the proposed action is to be
taken, and the matters of fact or law asserted as the basis for this
action, and either:
(1) Fixes a date not less than 20 days after the date of such notice
within which the applicant or recipient may request a hearing; or
(2) Advises the applicant or recipient that the matter in question
has been set for hearing at a stated place and time. The time and place shall be reasonable and subject to change for cause.
The complainant, if any, also is advised of the time and place of the
hearing. An applicant or recipient may waive a [[Page 354]] hearing and submit written information and argument for the record. The
failure of an applicant or recipient to request a hearing constitutes a
waiver of the right to a hearing under section 504 of the Act and Sec.
27.125(b), and consent to the making of a decision on the basis of such
information as may be part of the record.
(b) If the applicant or recipient waives its opportunity for a
hearing, the responsible Departmental official shall notify the
applicant or recipient that it has the opportunity to submit written
information and argument for the record. The responsible Departmental
official may also place written information and argument into the
record.
(c) Time and place of hearing. Hearings are held at the office of
the Department in Washington, DC, at a time fixed by the responsible
Departmental official unless he/she determines that the convenience of
the applicant or recipient or of the Department requires that another
place be selected. Hearings are held before an Administrative Law Judge
designated in accordance with 5 U.S.C. 3105 and 3344 (section 11 of the
Administrative Procedure Act).
(d) Right to counsel. In all proceedings under this section, the
applicant or recipient and the responsible Departmental official have
the right to be represented by counsel.
(e) Procedures, evidence and record. (1) The hearing, decision, and
any administrative review thereof are conducted in conformity with
sections 554 through 557 of title 5 of the United States Code, and in
accordance with such rules of procedure as are proper (and not
inconsistent with this section) relating to the conduct of the hearing,
giving notice subsequent to those provided for in paragraph (a) of this
section, taking testimony, exhibits, arguments and briefs, requests for
findings, and other related matters. The responsible Departmental
official and the applicant or recipient are entitled to introduce all
relevant evidence on the issues as stated in the notice for hearing or
as determined by the officer conducting the hearing. Any person (other
than a government employee considered to be on official business) who,
having been invited or requested to appear and testify as a witness on
the government's behalf, attends at a time and place scheduled for a
hearing provided for by this part may be reimbursed for his/her travel
and actual expenses in an amount not to exceed the amount payable under
the standardized travel regulations applicable to a government employee
traveling on official business.
(2) Technical rules of evidence do not apply to hearings conducted
pursuant to this part, but rules or principles designed to assure
production of the most credible evidence available and to subject
testimony to cross examination are applied where reasonably necessary by
the Administrative Law Judge conducting the hearing. The Administrative
Law Judge may exclude irrelevant, immaterial, or unduly repetitious
evidence. All documents and other evidence offered or taken for the
record are open to examination by the parties and opportunity is given
to refute facts and arguments advanced by either side. A transcript is
made of the oral evidence except to the extent the substance thereof is
stipulated for the record. All decisions are based on the hearing record
and written findings shall be made.
(f) Consolidation or joint hearings. In cases in which the same or
related facts are asserted to constitute noncompliance with this
regulation with respect to two or more Federal statutes, authorities, or
other means by which Federal financial assistance is extended and to
which this part applies, or noncompliance with this part and the
regulations of one or more other Federal departments or agencies issued
under section 504 of the Act, the responsible Departmental official may,
in agreement with such other departments or agencies, where applicable,
provide for consolidated or joint hearings. Final decisions in such
cases, insofar as this regulation is concerned, are made in accordance
with Sec. 27.129. [44 FR 31468, May 31, 1979. Redesignated at 56 FR 45621, Sept. 6, 1991.
68 FR 51391, Aug. 26, 2003] Sec. 27.129 Decisions and notices. (a) Decisions by Administrative Law Judge. After the hearing, the
Administrative Law Judge certifies the entire [[Page 355]] record including his recommended findings and proposed decision to the
Secretary for a final decision. A copy of the certification is mailed to
the applicant or recipient and to the complainant, if any. The
responsible Departmental official and the applicant or recipient may
submit written arguments to the Secretary concerning the Administrative
Law Judge's recommended findings and proposed decision.
(b) Final decision by the Secretary. When the record is certified to
the Secretary by the Administrative Law Judge, the Secretary reviews the
record and accepts, rejects, or modifies the Administrative Law Judge's
recommended findings and proposed decision, stating the reasons
therefor.
(c) Decisions if hearing is waived. Whenever a hearing pursuant to
Sec. 27.125(b) is waived, the Secretary makes his/her final decision on
the record, stating the reasons therefor.
(d) Rulings required. Each decision of the Administrative Law Judge
or the Secretary contains a ruling on each finding or conclusion
presented and specifies any failures to comply with this part.
(e) Content of orders. The final decision may provide for suspension
or termination, or refusal to grant or continue Federal financial
assistance, in whole or in part, to which this first regulation applies.
The decision may contain such terms, conditions, and other provisions as
are consistent with and will effectuate the purposes of the Act and this
part, including provisions designed to assure that no Federal financial
assistance to which this regulation applies will thereafter be extended
unless and until the recipient corrects its noncompliance and satisfies
the Secretary that it will fully comply with this part.
(f) Subsequent proceedings. (1) An applicant or recipient adversely
affected by an order issued under paragraph (e) of this section is
restored to full eligibility to receive Federal financial assistance if
it satisfies the terms and conditions of that order or if it brings
itself into compliance with this part and provides reasonable assurance
that it will fully comply with this part.
(2) Any applicant or recipient adversely affected by an order
entered pursuant to paragraph (e) of this section may, at any time,
request the responsible Departmental official to restore its
eligibility, to receive Federal financial assistance. Any request must
be supported by information showing that the applicant or recipient has
met the requirements of paragraph (f)(1) of this section. If the
responsible Departmental official determines that those requirements
have been satisfied, he/she may restore such eligibility, subject to the
approval of the Secretary.
(3) If the responsible Departmental official denies any such
request, the applicant or recipient may submit a request, in writing,
for a hearing specifying why it believes the responsible Departmental
official should restore it to full eligibility. It is thereupon given a
prompt hearing, with a decision on the record. The applicant or
recipient is restored to eligibility if it demonstrates to the
satisfaction of the Secretary at the hearing that it satisfied the
requirements of paragraph (f)(1) of this section.
(4) The hearing procedures of Sec. 27.127(b) through (c) and
paragraphs (a) through (d) of this section apply to hearings held under
paragraph (f)(3) of this section.
(5) While proceedings under this paragraph are pending, the
sanctions imposed by the order issued under paragraph (e) of this
section shall remain in effect. [44 FR 31468, May 31, 1979. Redesignated at 56 FR 45621, Sept. 6, 1991.
68 FR 51391, Aug. 26, 2003]
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