# 81

III-1.2000
III-4.4700 June 10, 1993

Mr. Len Krick

Lambert Land Company, Inc.
700 Felicity
Bay Saint Louis, Mississippi 39520

Dear Mr. Krick:

I am responding to your letter about the application of the

Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et
seq., to the alteration of existing ships. I apologize for the
delay in our response.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance to assist you in understanding the ADA and the
Department's regulation. However, this technical assistance does
not constitute a determination by the Department of Justice of
your rights or responsibilities under the ADA, and it is not
binding on the Department.

Your letter did not specify the nature of the ship that is
being altered. The requirements applicable to ships vary
depending on whether they are owned by public or private
entities, and whether they are used primarily to provide
transportation or they are "places of public accommodation."

Privately owned ships are subject to the requirements of the

Department of Justice regulation implementing title III if they
are "places of public accommodation" as that term is defined by
the ADA. Publicly owned ships that are used for purposes other
than providing transportation are subject to this Department's
regulation implementing title II of the ADA.

Ships operated by a private entity that is primarily engaged

in the business of providing transportation and ships operated by
public entities as part of a public transportation system (e.g.,
ferries) are subject to the ADA requirements established by the
U.S. Department of Transportation's regulation implementing
titles II and III of the ADA, 49 C.F.R. Part 37. Depending on
the specific use of a vessel, it is possible for a ship to be
subject to the requirements of both the Department of Justice and
the Department of Transportation regulations.

The Department of Justice regulation implementing title III

of the ADA applies to private entities that own, operate, lease,
or lease to a private entity whose operations fall within one or
more of twelve specified categories. Among those categories are
places of lodging, places that serve food or drink, places of
public gathering, and places of recreation or entertainment. If
a ship is used for a purpose described in these categories, the
ship is a place of public accommodation that is subject to the
Department of Justice title III regulation to the extent that the
operators are subject to the laws of the United States.

If a ship is operated as a place of public accommodation, it

must comply with the title III requirements applicable to the
provision of goods and services, which include nondiscriminatory
eligibility criteria; reasonable modifications in policies,
practices, and procedures; provision of auxiliary aids; and the
removal of barriers in existing facilities. However, at this
time, a ship is not required to comply with specific
accessibility standards for new construction or alterations
because no Federal standard for the construction of accessible
ships has been developed.

A ship that is owned and operated by a public entity is

subject to the nondiscrimination requirements of this
Department's title II regulation, 28 C.F.R. Part 35. The title
II regulation requires that programs, services, and activities
conducted by public entities in existing facilities must be made
accessible to people with disabilities unless the public entity
can demonstrate that providing access will result in undue
financial and administrative burdens. The title II regulation
does not establish any specific design or construction
requirements for ships.

Under the regulation issued by the Department of

Transportation, privately owned ships may be subject to that
Department's regulation if they are operated by a private entity
that is primarily engaged in the business of providing
transportation. Publicly owned ships that are used as part of a
system of public transportation system are also subject to the
requirements of the Department of Transportation's rule.

The Department of Transportation has not yet established

specific requirements applicable to ships; however, that
Department has stated that ships registered under foreign flags
that operate in United States ports may be subject to United
States regulations (which would include the title III regulation
discussed above) unless there are specific treaty prohibitions
that preclude enforcement. Additional information about the
regulation issued by the Department of Transportation may be
obtained from the Office of the General Counsel, U.S. Department
of Transportation, 400 7th Street, S.W., Washington, D.C. 20590.

Copies of the Department of Justice regulations implementing

title II and title III, the Title II Technical Assistance Manual,
and the Title III Technical Assistance Manual are enclosed for
your information. I hope that this information is helpful to
you.

Sincerely,

L. Irene Bowen
Deputy Chief
Public Access Section

Enclosures