37.153 UMTA waiver determination.
(a) The Administrator will determine whether to grant a waiver for undue
financial burden on a case-by-case basis, after considering the factors identified
in 37.155 of this part and the information accompanying the request.
If necessary, the Administrator will return the application with a request
for additional information.
(b) Any waiver granted will be for a limited and specified period of time.
(c) If the Administrator grants the applicant a waiver, the Administrator
will do one of the following:
- Require the public entity to provide complementary paratransit to
the extent it can do so without incurring an undue financial burden.
The entity shall make changes in its plan that the Administrator determines
are appropriate to maximize the complementary paratransit service that is
provided to ADA paratransit eligible individuals. When making changes
to its plan, the entity shall use the public participation process specified
for plan development and shall consider first a reduction in number of trips
provided to each ADA paratransit eligible person per month, while attempting
to meet all other service criteria.
- Require the pubic entity to provide basic complementary paratransit
services to all ADA paratransit eligible individuals, even if doing so would
cause the public entity to incur an undue financial burden. Basic complementary
paratransit service shall include at least complementary paratransit service
in corridors defined as provided in 37.131(a) along the public entity's key
routes during core service hours.
(i) For purposes of this section, key routes are defined as
routes along which there is service at least hourly throughout the day.
(ii) For purposes of this section, core service hours encompass at least
peak periods, as these periods are defined locally for fixed route service,
consistent with industry practice.
- If the Administrator determines that the public entity will incur
an undue financial burden as the result of providing basic complementary paratransit
service, such that it is infeasible for the entity to provide basic complementary
paratransit service, the Administrator shall require the public entity to
coordinate with other available providers of demand responsive service in
the area served by the public entity to maximize the service to ADA paratransit
eligible individuals to the maximum extent feasible.
If the UMTA Administrator grants a waiver for undue financial
burden, the waiver will be for a specified period of time and the Administrator
will determine what the entity must do to meet its responsibilities under
the ADA, Each determination will involve a judgment of what is appropriate
on a case-by-case basis. Since each waiver will be granted based on
individual circumstances, the Department does not deem it appropriate to specify
a generally applicable duration for a waiver. When a waiver is granted,
the rule calls for entities to look first at limiting the number of trips
provided to each individual as a means of providing service that does not
create an undue burden.
This capacity constraint, unlike manipulations of other service criteria,
will not result in a degradation of the quality of service. An entity
intending to submit an undue burden waiver request should take this approach
into account in its planning process.
It should be noted that requiring an entity to provide paratransit service
at least during core hours along key routes is one option that the Administrator
has available in making a decision about the service to be provided.
This requirement stems from the statutory provision that the Administrator
can require the entity to provide a some minimum level of service, even if
to do so would be an undue financial burden. Certainly part of a request
for a waiver could be a locally endorsed alternative to this description of
The rule states explicitly the Administrator's discretion to return the
application for more information if necessary.