DOT 49 CFR PART 27-2010 NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE.pdf

1、353 Office of the Secretary of Transportation 27.5 PART 27NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RE-CEIVING FEDERAL FINANCIAL ASSISTANCE Subpart AGeneral Sec. 27.1 Purpose. 27.3 Applicability. 27.5 Definitions. 27.7 Discrimination prohibited. 27.9 Assurance required.

2、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 Dis-abilities Act requirements and FTA pol-icy. Subpart BAccessibil

3、ity Requirements in Specific Operating Administration Pro-grams: Airports, Railroads, and High-ways 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 CEnforcement 27.121 Compli

4、ance 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) an

5、d (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, 1979, unless otherwise noted. Subpart AGeneral 27.1 Purpose. The purpose of this part is to carry out the intent of section 504 of the Re-habilitation Act of 1973 (29 U.S.C. 794) a

6、s amended, to the end that no other-wise qualified individual with a dis-ability in the United States shall, sole-ly 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

7、 financial assistance. 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 re-ceives such assistance. (b) Design, construction, or alter-ation of buildings or other fixed facili-ties by

8、 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 build-ing, or other fixed facilities shall be in conformance with either appendix A to part 37 of this titl

9、e or the Uniform Fed-eral Accessibility Standards, 41 CFR part 10119 subpart 10119.6, appendix A. 44 FR 31468, May 31, 1979, as amended at 56 FR 45621, Sept. 6, 1991; 68 FR 51390, Aug. 26, 2003 27.5 Definitions. As used in this part: Act means the Rehabilitation Act of 1973, Public Law 93112, as ame

10、nded. Applicant means one who submits an application, request, or plan to be ap-proved by a Departmental official or by a primary recipient as a condition to eligibility for Federal financial assist-ance, and application means such an ap-plication, request, or plan. Commercial service airport means

11、an airport that is defined as a commercial service airport for purposes of the Fed-eral Aviation Administrations Airport Improvement Program and that en-planes annually 2500 or more pas-sengers and receives scheduled pas-senger service of aircraft. Department means the Department of Transportation.

12、Discrimination means denying handi-capped persons the opportunity to par-ticipate in or benefit from any program or activity receiving Federal financial assistance. Facility means all or any portion of buildings, structures, vehicles, equip-ment, roads, walks, parking lots, or other real or personal

13、 property or in-terest in such property. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-354 49 CFR Subtitle

14、A (10110 Edition) 27.5 Federal financial assistance means any grant, loan, contract (other than a pro-curement contract or a contract of in-surance or guaranty), or any other ar-rangement by which the Department provides or otherwise makes available assistance in the form of: (a) Funds; (b) Services

15、 of Federal personnel; or (c) Real or personal property or any interest in, or use of such property, in-cluding: (1) Transfers or leases of such prop-erty for less than fair market value or for reduced consideration; and (2) Proceeds from a subsequent trans-fer or lease of such property if the Fed-e

16、ral share of its fair market value is not returned to the Federal Govern-ment. 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

17、 im-pairment. (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: neuro-logical; musculoskeletal; special sense organs; respira

18、tory, 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 disabil-ities. The te

19、rm physical or mental im-pairment includes, but is not limited to, such diseases and conditions as ortho-pedic, visual, speech, and hearing im-pairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; mental retarda-tion; emotional illness; drug addiction; a

20、nd alcoholism. (b) Major life activities means func-tions such as caring for ones self, per-forming 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

21、 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 impair-ment that does not substantially limit major life activities but that is treated by a recipient as constituting such a limita

22、tion; (2) Has a physical or mental impair-ment that substantially limits major life activity only as a result of the atti-tudes of others toward such an impair-ment; 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 impa

23、irment. Head of Operating Administration means the head of an operating admin-istration within the Department (U.S. Coast Guard, Federal Highway Admin-istration, Federal Aviation Adminis-tration, Federal Railroad Administra-tion, National Highway Traffic Safety Administration, Federal Transit Ad-min

24、istration, and Research and Special Programs Administration) providing Federal financial assistance to the re-cipient. 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 o

25、f the operations of any entity described in paragraphs (1) through (4) of this defi-nition, any part of which is extended Federal financial assistance: (1)(i) A department, agency, special purpose district, or other instrumen-tality of a State or of a local govern-ment; or (ii) The entity of such St

26、ate or local government that distributes such as-sistance and each such department or agency (and each other State or local government entity) to which the as-sistance is extended, in the case of as-sistance to a State or local govern-ment; (2)(i) A college, university, or other postsecondary instit

27、ution, or a public system of higher education; or (ii) A local educational agency (as de-fined in 20 U.S.C. 7801), system of voca-tional education, or other school sys-tem; VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC

28、1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-355 Office of the Secretary of Transportation 27.7 (3)(i) An entire corporation, partner-ship, or other private organization, or an entire sole proprietorship (A) If assistance is extended

29、 to such corporation, partnership, private orga-nization, 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 com-parable, geographically separ

30、ate facil-ity to which Federal financial assist-ance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or (4) Any other entity which is estab-lished by two or more of the entities described in paragraph (1), (2), or (3) of this definition.

31、Qualified handicapped person means: (1) With respect to employment, a handicapped person who, with reason-able accommodation and within nor-mal 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 ab

32、user whose current use of alco-hol or drugs prevents such person from performing the duties of the job in question or whose employment, by rea-son 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 ha

33、ndicapped person who meets the es-sential eligibility requirements for the receipt of such services. Recipient means any State, territory, possession, the District of Columbia, or Puerto Rico, or any political subdivi-sion thereof, or instrumentality there-of, any public or private agency, insti-tut

34、ion, organization, or other entity, or any individual in any State, terri-tory, possession, the District of Colum-bia, or Puerto Rico, to whom Federal financial assistance from the Depart-ment is extended directly or through another recipient, including any suc-cessor, assignee, or transferee thereo

35、f, but such term does not include any ul-timate beneficiary. Secretary means the Secretary of Transportation. Section 504 means section 504 of the Act. Special service system means a trans-portation system specifically designed to serve the needs of persons who, by reason of disability, are physical

36、ly un-able to use bus systems designed for use by the general public. Special serv-ice is characterized by the use of vehi-cles 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 routin

37、g and sched-uling. 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 27.7 Discrimination prohibited. (a) General. No qualif

38、ied handicapped person shall, solely by reason of his disability, be excluded from participa-tion in, be denied the benefits of, or otherwise be subjected to discrimina-tion under any program or activity that receives Federal financial assist-ance administered by the Department of Transportation. (b

39、) 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 per-son the opportunity to participate in or benefit from the aid,

40、 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 servi

41、ce 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 handic

42、apped persons unless such action is necessary to provide qualified handicapped per-sons with aid, benefits or services that VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00365 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo rep

43、roduction or networking permitted without license from IHS-,-,-356 49 CFR Subtitle A (10110 Edition) 27.9 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 assist-ance to

44、an agency, organization, or person that discriminates on the basis of disability in providing any aid, ben-efit, or service to beneficiaries of the recipients program or activity; (vi) Deny a qualified handicapped person the opportunity to participate in conferences, in planning or advising recipien

45、ts, applicants or would-be ap-plicants, or (vii) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiv-ing an aid, benefit, or service. (2) For purposes of this part, aids, benefits, and services, to be equally ef-

46、fective, 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 ben-efit, or to reach the same level of achievement, in the most integrated

47、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 per-son the opportunity to participate in the programs or activities that are not separate or different. (4) A re

48、cipient may not, directly or through contractual or other arrange-ments, utilize criteria or methods of administration: (i) That have the effect of subjecting qualified handicapped persons to dis-crimination on the basis of disability, (ii) That have the purpose or effect of defeating or substantial

49、ly reducing the likelihood that handicapped persons can benefit by the objectives of the re-cipients program or activity, or (iii) That yield or perpetuate dis-crimination against another recipient if both recipients are subject to com-mon administrative control or are agencies of the same State. (5) In determining the site or loca-tion of a facility, an applicant or a re-cipient may not make selections: (i) That have the effect of excluding handicapped persons fr