# 10

II-5.4000
II-6.3000
May 4, 1992

DJ# 181-06-0003

Ms. Susan Perry

Senior Vice President -
Government Relations
American Bus Association
1015 - 15th Street, N.W., #250
Washington, D.C. 20005

Dear Ms. Perry:

This is in response to your petition for reconsideration or

clarification of the Department of Justice's final rule
implementing title III of the Americans with Disabilities Act
(ADA) with respect to application of the elevator exemption to
transportation terminals.

As explained in the preamble to the final regulation, the

elevator exemption is an exception to the requirement for "ready
access" to floors above and below the ground level for certain
small buildings (i.e., a facility that is less than three stories
or has less than 3000 square feet per story), where such access
would require installation of an elevator. The ADA provides an
exception to the elevator exemption for buildings housing a
shopping center, shopping mall, or the professional offices of a
health care provider, or other category determined by the
Attorney General.

In issuing the final regulation, the Attorney General

determined that the elevator exemption should not apply to
terminals, depots, or other stations used for specified public
transportation, or airport passenger terminals because of the
significance of transportation services for individuals with
disabilities. The Department, however, provided in the final
regulation that the requirement applies only to those areas used
for passenger loading and unloading and for other passenger
services. This approach is similar to that used for the other
types of facilities that are ineligible for the elevator
exemption.

Example 3 at page 35580 of the preamble explains that when

all retail stores that make a facility a "shopping center" are
located on the first floor, elevator access need not be provided
to the offices on the second floor. Likewise, if all passenger
service areas of a terminal are located on the ground floor,
{36.401(d)(2)(ii) of the regulation does not require elevator
access to other floor levels of the building. Thus, the
amendment you have proposed is unnecessary since elevator access
in not required when passenger services are provided exclusively
at the ground level. The only requirement is that any area
housing passenger services, including boarding debarking, loading
and unloading, baggage claim, dining facilities, and other common
areas open to the public, be on an accessible route from an
accessible entrance.

We hope this information is helpful to you.

Sincerely

John R. Dunne
Assistant Attorney General
Civil Rights Division