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Key Regulations, Standards, and Guidance

Key Regulations, Standards, and Guidance

This section of the ADA Toolkit introduces the various federal regulations, standards, and guidance on compliance with the ADA that are relevant to subrecipients of the Federal Transit Administration’s (FTA’s) Section 5311 Formula Grants for Rural Areas program (rural public transit agencies). 


Section 5311 Tribal Transit Program (TTP) recipients are covered by Titles II and III of the ADA which provides that no entity shall discriminate against an individual with a disability in connection with the provision of transportation service. This section of the Toolkit includes specific information that will be helpful to Tribal transit managers. 


These key requirements and guidance, referenced throughout the Toolkit in specific contexts, are compiled here for convenient reference. This section is organized in the following subsections:


Regulations

Federal regulations are detailed in the Code of Federal Regulations (CFR). The regulations established by the U.S. Department Transportation (U.S. DOT) are found in Title 49 of the CFR. ADA-related regulations from other federal departments that rural and Tribal public transit managers should be aware of are also provided in the following table.


Regulatory Standards


Guidance and Technical Assistance

FTA ADA Circular 4710.1, Americans with Disabilities ACT (ADA): Guidance

FTA often communicates guidance on regulations through circulars, which assist grantees in understanding and complying with statutory requirements. This guidance provides grantees with direction on program-specific issues and statutory requirements. 



In 2015, FTA issued its Circular 4710.1, Americans with Disabilities Act (ADA): Guidance. This circular incorporates U.S. DOT requirements under the ADA as well as Section 504 of the Rehabilitation Act of 1973. The requirements and guidance in FTA ADA Circular 4710.1 apply to all transit providers, including those that operate FTA-funded programs, including subrecipients of the Section 5311 Formula Grants for Rural Areas program. This includes recipients of Section 5311 Tribal Transit Program (TTP) funds.

FTA Master Agreement

The FTA Master Agreement contains the standard terms and conditions that apply to recipients of FTA grant funds, including funds awarded under the Tribal Transit Program. The FTA Master Agreement (version 31, May 2, 2024) contains specific ADA guidance for Tribal Transit Program (TTP) recipients and states that, while the requirements of the ADA are generally applicable to FTA recipients, only Title II (Public services) and Title III (Public Accommodations and Services by Private Entities) are applicable to Tribes. Title I (Employment) does not apply to Tribes because it exempts them from the definition of “employer.” Since Tribes are not specifically exempt from the provisions of Title II, FTA’s requirements in 49 CFR Parts 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance), 37 (Transportation Services for Individuals with Disabilities), 38 (Accessibility Specifications for Transportation Vehicles), and 39 (Transportation for Individuals with Disabilities: Passenger Vessels) all apply to Tribes that receive FTA funding. For more information, see the Tribal Transit ADA section of the Transit Manager’s Toolkit.

FTA Comprehensive Review Contractors Manual

The FTA Comprehensive Review Contractors Manual Fiscal Year 2024, is intended to provide guidance to FTA staff and contractors but may be used by recipients to better understand the minimum compliance requirements that recipients are expected to meet. ADA sections (General and Complementary Paratransit) include specific, citable, clearly articulated written requirements for compliance.

FTA Tribal Transit Technical Assistance Assessment Guide

The FTA TTP Assessment Manual Fiscal Year 2023, is intended for Tribal Transit Program (TTP) recipients, FTA staff, and FTA contractors conducting these assessments. TTP recipients can use this guide to identify and better understand ADA requirements and prepare for an assessment. Like the FTA Comprehensive Review Contractors Manual Fiscal Year 2024 (above), the FTA TTP Assessment Manual Fiscal Year 2023 also provides specific, citable, clearly articulated written requirements for compliance.

Additional U.S. DOT and FTA Guidance

Disability Rights Education & Defense Fund (DREDF) Topic Guides on ADA Transportation

FTA sponsored a series of technical assistance documents Topic Guides on ADA Transportation. Published in 2010, the topic guides were developed by the Disability Rights Education & Defense Fund (DREDF) and TranSystems Corporation and are hosted on the DREDF website and linked to from the ADA section of the FTA website.

Guidance on Website Accessibility

As noted in the FTA Circular, while the U.S. DOT ADA regulations do not set standards for website accessibility, FTA suggests that agencies review U.S. Department of Justice (DOJ) guidance, Accessibility of State and Local Government Websites to People with Disabilities. Information about the U.S. DOJ Final Rule on the Accessibility of Web Content and Mobile Apps is available on FTA’s ADA Guidance website and the FTA’s Civil Rights/ADA What’s New website. These websites include links to the U. S. DOJ’s Final Rule, Press Release (April 8, 2024), Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments, and an Accessibility of Web Content and Mobile Apps Provided by State and Local Governments: A Small Entity Compliance Guide.


Technical guidance on making websites accessible can be found in U.S. Access Board Information and Communication Technology - Revised 508 Standards and 255 Guidelines. National RTAP provides additional website accessibility technical assistance for rural transit agencies. Additional resources are introduced in the Rider Information section of this Toolkit.

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Updated February 3, 2025

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