Amtrak 2012 Annual Report Download - page 24

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ADA Compliance
Amtrak serves 482 rail stations that are required by the ADA to be “readily accessible to and usable by
individuals with disabilities, including individuals who use wheelchairs, as soon as practicable”. The
funding requirement towards achievement of ADA compliance for rail stations served by Amtrak and
subject to the ADA is estimated to be $50 million in FY2012.
Amtrak presented an estimate of its needs to the Congress on February 1, 2009, in its report “Intercity
Rail Stations Served by Amtrak: A Report on Accessibility and Compliance with the Americans with
Disabilities Act of 1990 (“Access Report”). This report, which was delivered pursuant to section 219 of
the PRIIA, detailed the scope of Amtrak’ s need and proposed the level of federal assistance necessary to
attain full compliance. An update to this report was issued August 8, 2011 to update Congress on the
progress made toward compliance with the ADA at stations we serve and to describe Amtrak’ s plans.
This report is available on www.Amtrak.com/Inside Amtrak.
On September 19, 2011, DOT issued a final rule (“Rule”) amending its ADA regulations regarding,
among other things, level boarding, alternatives to level boarding, and procedures for obtaining approval
of FRA and/or FTA in situations where level boarding is not provided. The Rule is based on a notice of
proposed rulemaking (“NPRM”) that DOT issued on February 27, 2006, as well as a public hearing held
on August 20, 2010. The Rule as a whole takes effect on October 19, 2011, though certain provisions do
not become binding until February 1, 2012.
The Rule generally requires Amtrak to provide level entry boarding at stations where the tracks are not
shared with freight rail, and allows Amtrak to provide alternative boarding mechanisms at stations where
tracks are shared with freight rail. However, for any station where Amtrak does not plan to provide level
entry boarding, Amtrak has to provide FRA with detailed reports regarding how it proposes to board
passengers with disabilities, and FRA (jointly with FTA where applicable) has responsibility to review,
comment and approve all submitted plans. Due to the Rule Amtrak will not be able to achieve
compliance at all remaining stations by our previous goal date of September 30, 2015.
The cost and duration impact of the Rule is currently being analyzed internally and results will be
provided when complete. Achieving compliance at all Amtrak-served stations is a complex and resource-
intensive challenge that will take several years to complete and it is anticipated the Rule will increase
both the cost of the program and duration needed to complete that was previously forecasted.
As described more fully in Amtrak’ s supplemental reports to Congress regarding the status of the ADA
compliance program, Amtrak had previously projected that by the end of 2011 it would have fully
complied with its ADA obligations at 53 stations and progressed detailed design at more than 100
stations. Due to the Rule, the number of ADA compliant stations at the end of 2011 remains at 48. More
detailed information about Amtrak’ s planned ADA compliance work at specific stations is contained in
the document “An Update on Accessibility and Compliance with the Americans with Disabilities Act of
1990”on www.Amtrak.com.
Two sources of funding have underwritten a significant expansion of Amtrak’ s ADA compliance
program. Legislation passed in FY2010 required that Amtrak invest $144 million towards this program.
ARRA and appropriated capital funds have been used to jump-start a program of construction, with a total
of $144 million being spent over the FY2010-FY2011 time period and $50 million planned for FY2012.
The greatest challenges to program completion will continue to be:
o The new DOT final rule and the impact on both cost and program duration.
FY2012 Budget Post Board 1.20.12.doc 24 of 79
o Agreements. Gaining agreement among the stakeholders for individual projects continues to be a
challenge. To advance progress, those stations for which Amtrak has sole or primary