DOT 49 CFR PART 609-2010 TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS.pdf

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1、447 Federal Transit Admin., DOT 609.23 service. However, in view of the purposes of the Act involved it is our opinion that a city which has purchased with grant funds buses needed for an efficient mass transportation system, is not precluded by the act from using such buses for charter service duri

2、ng idle or off-peak periods when the buses are not needed for regularly scheduled runs. As indicated above, such a use would appear to be an incidental use. The fourth question is answered accord-ingly. As requested, the correspondence enclosed with your letter is returned herewith. Sincerely yours,

3、 FRANK H. WEITZEL,Assistant Comptroller Generalof the United States. Enclosures: The Honorable Bob Wilson, House of Rep-resentatives. MARCH 29, 1976. INFLATIONARY IMPACT STATEMENT FINAL REGULATIONS ON SCHOOL BUS OPERATIONS I certify that, in accordance with Execu-tive Order 11821, dated November 27,

4、 1974, and Departmental implementing instructions, an Inflationary Impact Statement is not re-quired for final regulations on School Bus Operations. ROBERT E. PATRICELLI,Federal Mass TransitAdministrator. PART 609TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS Sec. 609.1 Purpose. 609.3 Definition

5、s. 609.5 Applicability. 609.23 Reduced fare. APPENDIX A TO PART 609ELDERLY AND HANDICAPPED AUTHORITY: 49 U.S.C. 5307(d) and 5308(b); 23 U.S.C. 134, 135 and 142; 29 U.S.C. 794; 49 CFR 1.51. SOURCE: 41 FR 18239, Apr. 30, 1976, unless otherwise noted. 609.1 Purpose. The purpose of this part is to estab

6、-lish formally the requirements of the Federal Transit Administration (FTA) on transportation for elderly and handicapped persons. 609.3 Definitions. As used herein: Elderly and handicapped persons means those individuals who, by reason of illness, injury, age, congenital mal-function, or other perm

7、anent or tem-porary incapacity or disability, includ-ing those who are nonambulatory wheelchair-bound and those with semi- ambulatory capabilities, are unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who

8、 are not so affected. 609.5 Applicability. This part, which applies to projects approved by the Federal Transit Ad-ministrator on or after May 31, 1976, applies to all planning, capital, and op-erating assistance projects receiving Federal financial assistance under sec-tions 5307 or 5308 of the Fed

9、eral transit laws (49 U.S.C. Chapter 53), and non-highway public mass transportation projects receiving Federal financial as-sistance under: (1) Subsection (a) or (c) of section 142 of title 23, United States Code; and (2) paragraph (4) of sub-section (e) of section 103, title 23, United States Code

10、. However, under certain circumstances evident in 609.13 through 609.21, the latter sec-tions apply to fixed facilities and vehi-cles included in projects approved be-fore May 31, 1976. Sections in this part on capital assistance applications, fixed facilities, and vehicles apply ex-pressly to capit

11、al assistance projects receiving Federal financial assistance under any of the above statutes. 41 FR 18239, Apr. 30, 1976, as amended at 61 FR 19562, May 2, 1996 609.23 Reduced fare. Applicants for financial assistance under section 5307 of the Federal tran-sit laws (49 U.S.C. Chapter 53), must, as

12、a condition to receiving such assist-ance, give satisfactory assurances, in such manner and form as may be re-quired by the Federal Transit Adminis-trator and in accordance with such terms and conditions as the Federal Transit Administrator may prescribe, that the rates charged elderly and handicapp

13、ed persons during non-peak VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-448 49 CFR Ch. VI (10110 Edition)

14、Pt. 609, App. A hours for transportation utilizing or involving the facilities and equipment of the project financed with assistance under this section will not exceed one- half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment i

15、s by the applicant or is by another entity under lease or other-wise. 41 FR 18239, Apr. 30, 1976, as amended at 61 FR 19562, May 2, 1996 APPENDIX A TO PART 609ELDERLY AND HANDICAPPED The definitions of the term elderly and handicapped as applied under FTAs elderly and handicapped half-fare program (

16、49 CFR part 609) shall apply to this rule. This per-mits a broader class of handicapped persons to take advantage of the exception than would be permitted under the more restric-tive definition applied to the non-discrimina-tion provisions of the Departments section 504 program (49 CFR 27.5), which

17、includes only handicapped persons otherwise unable to use the recipients bus service for the gen-eral public. Accordingly, for the purposes of this part, the definition of elderly persons may be deter-mined by the FTA recipient but must, at a minimum, include all persons 65 years of age or over. Sim

18、ilarly, the definition of handicapped persons is derived from the existing regula-tions at 49 CFR 609.3 which provide that Handicapped persons means those individuals who, by reason of illness, injury, age, con-genital malfunction, or other permanent or temporary incapacity or disability, includ-ing

19、 those who are nonambulatory wheel-chair-bound and those with semi-ambulatory capabilities, are unable without special fa-cilities or special planning or design to uti-lize mass transportation facilities and serv-ices as effectively as persons who are not so affected. To assist in understanding how

20、the defini-tions might be applied to administration of the charter rule, the following questions and answers previously published by FTA for the half-fare program in FTA C 9060.1, April 20, 1978, are reproduced: 1. Question: Can the definition of elderly or handicapped be restricted on the basis of

21、residency, citizenship, income, employment status, or the ability to operate an auto-mobile? Answer: No. Section 5(m) is applicable to elderly and handicapped persons. It is FTAs policy that such categorical exceptions are not permitted under the Act. 2. Question: Can the eligibility of temporary ha

22、ndicaps be restricted on the basis of their duration? Answer: Handicaps of less than 90 days du-ration may be excluded. Handicaps of more than 90 days duration must be included. 3. Question: Can the definition of handicap be limited in any way? Answer: FTA has allowed applicants to ex-clude some con

23、ditions which appear to meet the functional definition of handicap pro-vided in section 5302(a)(5) of the Federal transit laws (49 U.S.C. Chapter 53). These in-clude pregnancy, obesity, drug or alcohol ad-diction, and certain conditions which do not fall under the statutory definition (e.g., loss of

24、 a finger, some chronic heart or lung condi-tions, controlled epilepsy, etc.). Individuals may also be excluded whose handicap in-volves a contagious disease or poses a danger to the individual or other passengers. Other exceptions should be reviewed on a case-by- case basis. 4. Question: Is blindne

25、ss considered a handi-cap under Section 5(m)? Answer: Yes. 5. Question: Is deafness considered a handi-cap under section 5(m)? Answer: As a rule, no, because deafness, es-pecially on buses, is not considered a dis-ability which requires special planning, fa-cilities, or design. However, deafness is

26、rec-ognized as a handicap in the Department of Transportations ADA regulation, and appli-cants for Section 5 assistance are encouraged to include the deaf as eligible for off-peak half-fares. 6. Question: Is mental illness considered a handicap under section 5(m)? Answer: As a rule, no, because of t

27、he dif-ficulty in establishing criteria or guidelines for defining eligibility. However, FTA en-courages applicants to provide the broadest possible coverage in defining eligible handi-caps, including mental illness. 7. Question: Can operators delegate the re-sponsibility for certifying individuals

28、as eli-gible to other agencies? Answer: Yes, provided that such agencies administer the certification of individuals in an acceptable manner and are reasonably ac-cessible to the elderly and handicapped. Many operators currently make extensive use of social service agencies (both public and private)

29、 to identify and certify eligible individuals. 8. Question: Can operators require elderly and handicapped individuals to be recognized by any existing agency (e.g., require that handicapped persons be receiving Social Service or Veterans Administration bene-fits)? Answer: Recognition by such agencie

30、s is commonly used to certify eligible individ-uals. However, such recognition should not be a mandatory prerequisite for eligibility. For example, many persons with eligible VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00458 Fmt 8010 Sfmt 8002 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX

31、6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-449 Federal Transit Admin., DOT 611.3 temporary handicaps may not be recognized as handicapped by social service agencies. 9. Question: Can the operator require that elderly and handicap

32、ped persons come to a central office to register for an off-peak half- fare program? Answer: FTA strongly encourages opera-tors to develop procedures which maximize the availability of off-peak half-fares to eli-gible individuals. Requiring individuals to travel to a single office which may be incon

33、-veniently located is not consistent with this policy, although it is not strictly prohibited. FTA reserves the right to review such local requirements on a case-by-case basis. 10. Question: Must ID cards issued by one operator be transferable to another? Answer: No. However, FTA encourages con-sist

34、ency among off-peak procedures and the maximizing of availability to eligible indi-viduals, especially among operators within a single urban area. Nevertheless, each oper-ator is permitted to require its own certifi-cation of individuals using its service. 11. Question: Can an operator require an el

35、-derly or handicapped person to submit to a procedure certifying their eligibility before they can receive half-fare? For example, if an operator requires eligible individuals to have a special ID card, can the half-fare be denied to an individual who can otherwise give proof of age, etc, but does n

36、ot have an ID card? Answer: Yes, although FTA does not en-dorse this practice. 53 FR 53356, Dec. 30, 1988. Redesignated and amended at 61 FR 19562, May 2, 1996 PART 611MAJOR CAPITAL INVESTMENT PROJECTS Sec. 611.1 Purpose and contents. 611.3 Applicability. 611.5 Definitions. 611.7 Relation to plannin

37、g and project de-velopment processes. 611.9 Project justification criteria for grants and loans for fixed guideway sys-tems. 611.11 Local financial commitment criteria. 611.13 Overall project ratings. APPENDIX A TO PART 611DESCRIPTION OF MEASURES FOR PROJECT EVALUATION. AUTHORITY: 49 U.S.C. 5309; 49

38、 CFR 1.51 SOURCE: 65 FR 76880, Dec. 7, 2000, unless otherwise noted. 611.1 Purpose and contents. (a) This part prescribes the process that applicants must follow to be con-sidered eligible for capital investment grants and loans for new fixed guide-way systems or extensions to existing systems (new

39、starts). Also, this part prescribes the procedures used by FTA to evaluate proposed new starts projects as required by 49 U.S.C. 5309(e), and the scheduling of project reviews required by 49 U.S.C. 5328(a). (b) This part defines how the results of the evaluation described in para-graph (a) of this s

40、ection will be used to: (1) Approve entry into preliminary engineering and final design, as re-quired by 49 U.S.C. 309(e)(6); (2) Rate projects as highly rec-ommended, recommended, or not recommended, as required by 49 U.S.C. 5309(e)(6); (3) Assign individual ratings for each of the project justific

41、ation criteria specified in 49 U.S.C. 5309(e)(1)(B) and (C); (4) Determine project eligibility for Federal funding commitments, in the form of Full Funding Grant Agree-ments; (5) Support funding recommendations for this program for the Administra-tions annual budget request; and (6) Fulfill the repo

42、rting requirements under 49 U.S.C. 5309(o)(1), Funding Lev-els and Allocations of Funds, Annual Report, and 5309(o)(2), Supplemental Report on New Starts. (c) The information collected and ratings developed under this part will form the basis for the annual reports to Congress, required by 49 U.S.C.

43、 5309(o)(1) and (2). 611.3 Applicability. (a) This part applies to all proposals for Federal capital investment funds under 49 U.S.C. 5309 for new transit fixed guideway systems and extensions to existing systems. (b) Projects described in paragraph (a) of this section are not subject to evaluation

44、under this part if the total amount of funding from 49 U.S.C. 5309 will be less than $25 million, or if such projects are otherwise exempt from evaluation by statute. (1) Exempt projects must still be rated by FTA for purposes of entering into a Federal funding commitment as VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00459 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-