COMDTINST 5300.1
Transportation (49 C.F.R. Parts 37 and 38); and the regulations of the Department of Justice (28
C.F.R Part 35). This Instruction establishes the uniform minimum responsibilities of the Coast
Guard in implementing and enforcing the ADA Complaint Investigation Program, to the end that
no qualified individual with a disability shall, on the basis of disability or because a public
entity's passenger vessels or facilities are inaccessible to or unusable by individuals with
disabilities, be excluded from participation in or be denied the benefits of services, programs,
transportation services or activities of a public entity, or be subjected to discrimination by any
public entity.
6. BACKGROUND.
a. The Department of Justice (DOJ) has designated DOT as the Federal agency with
responsibility for Title II ADA compliance of components of state and local governments for
all programs, services, and regulatory activities relating to transportation (28 CFR
35.190(b)(8)).
b. The Secretary has given all Administrators a re-delegable administrative investigative and
enforcement authority (49 CFR 1.45(a)(10)).
c. The Commandant re-delegated to the Assistant Commandant for Civil Rights (G-H), the
Secretary's authority vested in him by 49 CFR 1.45(a)(10) to investigate complaints
regarding state or local government maritime transportation issues under Title II of the ADA.
This delegation allows the Assistant Commandant for Civil Rights to re-delegate that
authority within the Coast Guard as appropriate and recognizes that the Assistant
Commandant for Civil Rights shall consult with the Assistant Commandant for Marine
Safety and Environmental Protection for all safety issues involved in maritime Title II ADA
investigations. Enclosed is an outline of the steps G-H generally will take to process
maritime Title II ADA complaints under normal circumstances. (See Enclosure 1)
7. RESPONSIBILITY.
a. The Assistant Commandant for Civil Rights (G-H) investigates complaints regarding state or
local government maritime transportation issues under Title II of the ADA.
b. The Assistant Commandant for Marine Safety and Environmental Protection (G-M) consults
with, provides technical advice to, and reviews any recommendations G-H may have for all
safety issues related to Title II maritime complaints.