Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
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- 10.1.1Marine Environments
- 10.1.2Applicability
- Discussion
- Public PVOs
- Private PVOs Operating Under Contract to Public Entities
- 10.1.3Services Not Covered in This Circular
10.Chapter 10 – Passenger Vessels10.1IntroductionThis chapter covers passenger vessel service requirements in the U.S. Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations, which are focused on ensuring nondiscrimination in passenger vessel operations. Regulations covered in this chapter are from 49 CFR Part 39 and include requirements pertaining to nondiscrimination and access to services, information for passengers, accessibility of landside facilities, assistance to passengers with disabilities, and vessel-related complaint procedures. In addition to FTA grantees that operate ferry service, Part 39 also covers cruise ships and other private entities that fall under the Department of Justice’s jurisdiction under Title III of the ADA and its implementing regulations at 28 CFR Part 36. Some provisions in Part 39 are not typically relevant to public water transportation, such as requirements pertaining to reserving accessible cabins for overnight trips or requiring medical documentation of passengers. Other issues such as service animals differ between Part 39 and Part 37, meaning that there are some nuances to accommodating individuals with disabilities on boats versus buses. The accessibility standards of the vessels themselves are currently reserved under Subpart E of Part 37. The U.S. Architectural and Transportation Barriers Access Board (Access Board), which is charged with establishing accessibility guidelines for the construction and alteration of passenger vessels covered by the ADA, is developing these guidelines, which have not yet been issued. Further information is available at the Access Board’s website. This Circular does not alter, amend, supersede, or otherwise affect the DOT ADA regulations themselves or replace the need for readers to reference the detailed information in the regulations. FTA recommendations and examples of optional practices are included throughout the Circular and do not represent requirements. FTA recognizes there are many different ways agencies can implement the regulatory requirements and ensure the delivery of compliant service. FTA encourages transit agencies to engage riders with disabilities when making decisions about local transit service. 10.1.1Marine EnvironmentsCompared to land-based transit modes, passenger vessel operators (PVOs) face unique challenges in complying with access requirements because of the marine context in which the vessels operate. The boarding facilities and vessels operate in dynamic marine environments that require site-specific approaches to ensure the safety of all passengers, including those with disabilities, under variable access conditions. For example, in a salt water tidal context such as New York Harbor or Puget Sound in Washington, an accessible path of travel may differ from one site to another based on different tidal ranges or wind and weather exposure conditions. Passenger vessel operations in a river or lake may need to adapt boarding approaches to a different set of environmental conditions, such as seasonal changes in water levels. Passenger vessels are also subject to regulatory requirements from multiple agencies on the Federal and local level. These may include Coast Guard licenses and inspection procedures for vessels and crew. New or altered passenger vessel facilities are subject to ADA requirements in addition to Army Corps of Engineers and local environmental permitting requirements for constructing terminals, piers, and landings.
Requirement“Except as provided in paragraph (b) . . . of this section, [Part 39] applies to you if you are the owner or operator of any passenger vessel, and you are: (1) A public entity that provides designated public transportation; or (2) A private entity primarily engaged in the business of transporting people whose operations affect commerce and that provides specified public transportation” (§ 39.5(a)). “If you are the PVO of a foreign-flag passenger vessel, [Part 39] applies to you only if your vessel picks up passengers at a port in the United States, its territories, possessions, or commonwealths” (§ 39.5(b)). DiscussionPart 39 covers any PVOs that receive FTA financial assistance to provide public transportation. Specifically, the requirements apply to public entities operating passenger vessels directly and to public or private entities providing services under contract to public entities. Such financial assistance may be used for terminal construction, terminal maintenance, vessel purchase, vessel maintenance, or vessel lease. Public PVOsExamples of public PVOs include Washington State Ferries, New York City’s Staten Island Ferry, the Casco Bay Lines (Maine), and the San Francisco Bay Ferries. Other public PVOs include parks agencies that operate ferry services to and from park facilities such as the Boston Harbor Islands National Park. Parks agencies that receive FTA funding for vessels or terminals are also subject to the Part 39 requirements. Private PVOs Operating Under Contract to Public EntitiesPrivate entities operating under contract to public entities are “standing in the shoes” of public entities and are therefore subject to the DOT ADA regulations. (See Circular Section 1.3.2.) Variations of such public/private passenger arrangements include: PVOs operating privately owned vessels under contract or franchise agreement to provide scheduled passenger services, using one or more public terminal facilities constructed with FTA funds. One such example is New York Waterways, which has leased terminal space through service franchise agreements with the City of New York and Monmouth County, New Jersey, to provide year-round public commuter ferry service. PVOs contracted to operate and maintain publicly owned vessels acquired with FTA funds and using public or private terminal facilities. One such example is Boston Harbor Cruises, which has had contracts with the Massachusetts Bay Transportation Authority (MBTA) to provide year-round commuter ferry service on MBTA-owned vessels. PVOs operating both commuter and non-commuter services using vessels acquired with FTA funds. One such example is Boston Harbor Cruises, which has operated a combined-scheduled ferry service and private excursion service under contract with the City of Salem, Massachusetts. 10.1.3Services Not Covered in This CircularPVOs providing excursion services such as harbor tours, whale watches, dinner cruises, or charters are not covered in this Circular. Nor does this Circular address passenger vessel operators of U.S. or foreign-flag vessels, including cruise ships. Accordingly, references in the remainder of this chapter to PVOs are for public entities or their contractors. Directory: sites -> fta.dot.gov -> files -> docs docs -> Federal Transit Administration Safety Advisory 14-1: Right-of-Way Worker Protection docs -> Alternative Fuels and Propulsion Vehicle Incentives docs -> Job Access Reverse Commute (jarc) Program fy 2010 Service Profiles docs -> Review of the new jersey transit corporation docs -> Review of new Jersey Transit Corporation docs -> Review of the jacksonville transportation authority docs -> Jacksonville Transportation Authority Assessment of ada complementary Paratransit Service Capacity Constraints June 8-11, 1999 docs -> Final policy statement docs -> 1200 New Jersey Ave, se washington, dc 20590 Download 1.93 Mb. Share with your friends:
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