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Questions about Answers About ADA/Section 504 -Office of Civil Rights -FHWA Page 3 of 11 FHWA is responsible for ensuring access for persons with disabilities in four areas: 1. For surface transportation projects under direct FHWA control (e.g., Federal Lands projects): FHWA ensuring that project planning, design, construction, and operations adequately address pedestrian ; who have disabilities. 2. For Federally funded surface transportation projects that provide pedestrian facilities within the publi FHWA is responsible for ensuring that the public agencies' project planning, design, and constructio provide pedestrian access for persons with disabilities. FHWA-funded projects outside of the public i as Transportation Enhancement projects, must also adhere to these requirements. 3. For pedestrian facilities within the public right-of-way, or any other FHWA enhancement project, reg< source: FHWA is responsible for investigating complaints. 28 CFR §§ 35.170 - 35.190. 4. FHWA should provide or encourage accessibility training for Federal, State, and local agencies and FHWA does not have ADA oversight responsibilities for projects outside of the public right-of-way that do no surface transportation program funds. (9-12-06) 5. What public agencies must provide accessible pedestrian walkways for persons with disabilities? All State and local governmental agencies must provide pedestrian access for persons with disabilities in co ADA Title II. 42 U.S.C. §12131(1). Federal, State, and local governments must provide pedestrian access fo disabilities in compliance with Section 504 standards. 29 U.S.C. §794(a). (9-12-06) 6. Can a public agency make private individuals or businesses responsible for ADA and Section 504 mandatec access? No. The public agency is responsible for providing access for persons with disabilities. Private entities with jc for a public right-of-way, such as a private tenant on public property, are responsible for accessibility for per: disabilities on the public right-of-way under Title II of ADA. The lease or other document creating this legal rE commit the private party to ensuring accessibility. In addition, public/private partnership relationships for the retain accessibility obligations to persons with disabilities under Title II. If the private entity eventually takes c way in its entirety, then the private entity becomes responsible for accessibility for persons with disabilities u entity's obligations under Title III of the ADA. (9-12-06) What United States Department of Justice (DOJ) and United States Department of Transportation (DOT) rec accessibility requirements? The DOJ ADA regulation is 28 CFR Part 35. The DOT Section 504 regulation at 49 CFR Part 27 governs pu the ADA incorporated at 49 CFR §27.19. Additional regulations drafted specifically for recipients of the Fede Administration are at 49 CFR Part 37. (9-12-06) What is FHWA's authority to implement ADA and Section 504 requirements? The DOJ regulations designate the DOT as the agency responsible for overseeing public agencies' compliai 28 CFR §35.190(b)(8). The DOT has delegated to the FHWA the responsibility to ensure ADA compliance it of-way and on projects using surface transportation funds. (9-12-06) What is the public right-of--way? The public right-of-way consists of everything between right-of-way limits, including travel lanes, medians, pl sidewalks, and other facilities. (9-12-06) Transition plans 10. What authority requires public agencies to make transition plans? The ADA requires public agencies with more than 50 employees to make a transition plan. 28 CFR §35.1501 11. What should a transition plan include? The transition plan must include a schedule for providing access features, including curb ramps for walkway: §35.150(d)(2). The schedule should first provide for pedestrian access upgrades to State and local governor facilities, transportation, places of public accommodation, and employers, followed by walkways serving othf http://www.fhwa.dot.gov/civilrights/ada_ga.htm ~tl~/e8_/,200