either 37.57, 37.87, or 37.89 shall apply to such a car, depending on the type of service in which the car is to be used.

(e) Except as provided paragraph (f) of this section, a private entity which is primarily engaged in transporting people and whose operations affect commerce, which remanufactures a rail passenger car to be used in providing specified public transportation to extend its useful life for ten years or more, or purchases or leases such a remanufactured rail car, shall ensure that the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. For purposes of this paragraph, it shall be considered feasible to remanufacture a rail passenger car to be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless an engineering analysis demonstrates that doing so would have a significant adverse effect on the structural integrity of the car.

(f) Compliance with paragraph (e) of this section is not required to the extent that it would significantly alter the historic or antiquated character of a historic or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in the violation of any rule, regulation, standard or order issued by the Secretary under the Federal Railroad Safety Act of 1970. For purposes of this section, a historic or antiquated rail passenger car means a rail passenger car

(1) Which is not less than 30 years old at the time of its use for transporting individuals;

(2) The manufacturer of which is no longer in the business of manufacturing rail passenger cars; and

(3) Which

(i) Has a consequential association with events or persons significant to the past; or (ii) Embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past, or to represent a time period which has passed.

8 37.31 Interim standards for accessible vehicles. (a) Pending the issuance of accessibility standards required by the Act, vehicles leased or purchased by public or private entities shall not be deemed readily accessible to and usable by individuals with disabilities, including individuals with wheelchairs, unless they meet the standards set forth in this section.

(b) The vehicle shall meet the requirements of 49 CFR 609.15(d)-(i);

(c) The vehicle shall be equipped with a lift or other level-change mechanism and shall have sufficient clearances to permit an individual using a wheelchair or other mobility device to reach a securement location;

(d) There shall be at least one securement location on the vehicle. The securement device(s) at the securement location shall be sufficient to secure any wheelchair or other mobility device which the vehicle's lift and clearances permit to enter the vehicle and proceed to the securement location.

§§ 37.33-37.49 [Reserved]

Subpart C-Rapid and Light Rail
Systems

§ 37.51 Purchase or lease of new rail vehicles by public entities operating rapid or light rail systems.

Each public entity operating a rapid or light rail system making a solicitation after August 25, 1990, to purchase or lease a new rapid or light rail vehicle for use on the system shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

§ 37.53 Purchase or lease of used rail vehicles by public entities operating rapid or light rail systems.

(a) Except as provided elsewhere in this section, each public entity operating a rapid or light rail system which, after August 25, 1990, purchases or leases a used rapid or light rail vehicle for use on the system shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

(b) A public entity may purchase or lease a used rapid or light rail vehicle for use on its rapid or light rail system that is not readily accessible to and usable by individuals if it makes demonstrated good faith efforts to obtain an accessible vehicle.

(c) Good faith efforts shall include at least the following steps:

(1) The initial solicitation for used vehicles made by the public entity specifying that all used vehicles were to be accessible to and usable by individuals with disabilities;

(2) A nationwide search for accessible vehicles, involving specific inquiries to manufacturers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.

(d) Each public entity purchasing or leasing used rapid or light rail vehicles that are not readily accessible to and usable by individuals with disabilities shall retain documentation of the specific good faith efforts it made for two years from the date the vehicles were purchased. These records shall be made available, on request, to the UMTA Administrator.

§ 37.55 Remanufacture of rail vehicles and purchase or lease of remanufactured rail vehicles by public entities operating rapid or light rail systems.

(a) This section applies to any public entity operating a rapid or light rail system which takes one of the following actions:

(1) After August 25, 1990, remanufactures a light or rapid rail vehicle so as to extend its useful life for five years or more or makes a solicitation for such remanufacturing;

(2) Purchases or leases a light or rapid rail vehicle which has been remanufactured so as to extend its useful life for five years or more, where the purchase or lease occurs after August 25, 1990, and during the period in which the useful life of the vehicle is extended.

(b) Vehicles acquired through the actions listed in paragraph (a) of this section shall, to the maximum extent feasible, be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as provided in § 37.57 of this subpart.

(c) For purposes of this section, it shall be considered feasible to remanufacture a rapid or light rail vehicle so as to be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless an engineering analysis demonstrates that doing so would have a significant adverse effect on the structural integrity of the vehicle.

(d) If a public entity operates a rapid or light rail system any segment of which is included on the National Register of Historic Places and if making a rapid or light rail vehicle of historic character used solely on such segment readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity need only make (or purchase or lease a remanufactured vehicle with) those modifications that do not alter the historic character of such vehicle.

(e) Pending the issuance of regulations defining a rapid or light rail vehicle of historic character, a public entity operating a fixed route system as described in paragraph (d) of this section may apply in writing to the UMTA Administrator for a determination of the historic character of the vehicle. The UMTA Administrator shall make such determinations on a case by case basis, in consultation with the National Register of Historic Places.

§ 37.57 Interim accessibility standards for light and rapid rail vehicles.

Pending the issuance of accessibility standards for light and rapid rail vehicles required by the Act, light and rapid rail vehicles shall be deemed readily accessible to and usable by individuals with disabilities,

including individuals who use wheelchairs, for purposes of this subpart if they meet the requirements of 49 CFR 609.19 and 609.17, respectively.

88 37.59-37.79 [Reserved]

Subpart D-Intercity and Commuter Rail Systems

§ 37.81 Purchase or lease of new intercity and commuter rail cars.

Amtrak or a commuter authority making a solicitation after August 25, 1990, to purchase or lease a new intercity or commuter rail car for use on the system shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Such a vehicle shall meet the requirements of §§ 37.87 or 37.89 of this subpart, as applicable.

§ 37.83 Purchase or lease of used intercity and commuter rail cars.

(9) Except as provided elsewhere in this section, Amtrak or a commuter authority purchasing or leasing a used intercity or commuter rail car after August 25, 1990, shall ensure that the car is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Such a vehicle shall meet the requirements of § 37.87 or § 37.89 of this subpart, as applicable.

(b) Amtrak or a commuter authority may purchase or lease a used intercity or commuter rail car that is not readily accessible to and usable by individuals if it makes demonstrated good faith efforts to obtain an accessible vehicle.

(c) Good faith efforts shall include at least the following steps:

(1) An initial solicitation for used vehicles specifying that all used vehicles accessible to and usable by individuals with disabilities;

(2) A nationwide search for accessible vehicles, involving specific inquiries to used vehicle dealers and other transit providers; and

(3) Advertising in trade publications and contacting trade associations.

(d) Amtrak and commuter authorities purchasing or leasing used intercity or commuter rail cars that are not readily accessible to and usable by individuals with disabilities shall retain documentation of the specific good faith efforts that were made for two years from the date the cars were purchased. These records shall be made available, on request, to the UMTA or FRA Administrator, as applicable.

§ 37.85 Remanufacture of intercity and commut

er rail cars and purchase or lease of remanufactured intercity and commuter rail cars.

(a) This section applies to Amtrak or a commuter authority which takes one of the following actions:

(1) Remanufactures an intercity or commuter rail car so as to extend its useful life for ten years or more;

(2) Purchases or leases an intercity an intercity or commuter rail car which has been remanufactured so as to extend its useful life for ten years or more.

(b) Intercity and commuter rail cars listed in paragraph (a) of this section shall, to the maximum extent feasible, be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as provided in § 37.87 or § 37.89 of this subpart, as applicable.

(c) For purposes of this section, it shall be considered feasible to remanufacture an intercity or commuter rail car so as to be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless an engineering : analysis demonstrates that including accessibility features required by §§ 37.87 or 37.89 of this subpart, as applicable, would have a significant adverse effect on the structural integrity of the car.

§ 37.87 Interim accessibility standards for intercity rail passenger cars.

(a) Pending the issuance of regulations under section 244 of the ADA, and except as provided in this section, intercity rail passenger cars shall meet the following standards to be considered readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs:

(1) The car shall be able to be entered from the station platform by an individual who uses a wheelchair or other mobility device;

(2) The car shall include space to park and secure one or two (but not more than two) wheelchairs to accommodate persons who wish to remain in their wheelchairs, and @space to fold and store one or two (but not more than two) wheelchairs to accommodate individuals who wish to sit in coach seats;

(3) The car shall include an accessible rest room with a wide doorway, bars to assist the individual in transferring from wheelchair to toilet, low sinks, and other appropriate modifications. The rest room shall be large enough to accommodate a wheelchair (including maneuvering room);

(4) The design and construction of the car shall be accessible to individuals with disabilities, including but not limited to individuals using wheelchairs, and shall display the international accessibility symbol at each entrance;

(5) Widening of aisles or passageways in the car to accommodate wheelchairs is not required.

(b) Single-level passenger coaches (including food service cars) are required to comply with the requirements of paragraphs (a)(1)– (4) of this section only to the extent necessary to ensure compliance with the requirements of sections 242(a)(3) of the ADA.

(c) Single level dining cars shall not be required to be able to be entered from the station platform by an individual who uses a wheelchair or to have a rest room usable by an individual who uses a wheelchair if no rest room is provided in such car for any passenger.

(d) Bi-level dining cars shall not be required to meet the requirements of paragraphs (a)(1)–(4) of this section.

§ 37.89 Interim accessibility standards for commuter rail cars.

Pending the issuance of regulations under section 244 of the Act, and except as provided in this section, commuter rail cars shall meet the following standards in order to be considered readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs;

(a) The car shall be able to be entered from the station platform by an individual who uses a wheelchair or other mobility device;

(b) The car shall include space to park and secure one or more wheelchairs to accommodate persons who wish to remain in their wheelchairs;

(c) If a rest room is provided for passengers in the car, the car shall include an accessible rest room with a wide doorway, bars to assist the individual in transferring from wheelchair to toilet, low sinks, and other appropriate modifications. The rest room shall be large enough to accommodate wheelchairs (including maneuvering room);

(d) The design and construction of the car Ishall be accessible to individuals with disabilities, including but not limited to individuals using wheelchairs, and shall display the international accessibility symbol at each entrance;

(e) Widening of aisles or passageways in the car to accommodate wheelchairs is not required.

§§ 37.91-37.111 [Reserved

APPENDIX TO PART 37-CERTIFICATION OF EQUIVALENT SERVICE

The (name of agency) certifies that its demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such serv

ice, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to:

(1) Response time;

(2) Fares;

(3) Geographic service area;
(4) Hours and days of service;

(5) Restrictions on trip purpose;

(6) Availability of information and reservation capability; and

(7) Constraints on capacity or service availability.

In accordance with 49 CFR 37.27, public entities operating demand responsive systems for the general public which receive financial assistance under sections 16(b)(2) or 18 of the Urban Mass Transportation Act) must file this certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving UMTA funds shall also file the certification with the appropriate state program office. Such public entities receiving UMTA funds under any other section of the UMT Act must file the certification with the appropriate UMTA regional office. This certification is valid for no longer than one year from its date of filing.

38.95 Mobility aid accessibility.

38.97 Interior circulation, handrails and

stanchions.

38.99 Floors, steps and thresholds.

38.101 Lighting.

38.103 Public information system.

38.105 Priority seating signs.

38.107

Restrooms.

38.109 Between-car barriers.

Subpart F-Intercity Rail Cars and Systems

38.111 General. 38.113

Doorways.

38.115 Interior circulation, handrails and

stanchions.

38.117 Floors, steps and thresholds.

38.119 Lighting.

38.121 Public information system.

38.123

Restrooms.

38.125 Mobility aid accessibility.

38.127 Sleeping compartments.

Subpart G-Over-the-Road Buses and Systems

Sec.

38.175 High-speed rail cars, monorails and systems.

38.177 Ferries, excursion boats and other vessels. [Reserved]

38.179 Trams, and similar vehicles, and systems.

FIGURES IN PART 38

APPENDIX TO PART 38-GUIDANCE MATERIAL

AUTHORITY: Americans With Disabilities Act of 1990, Public Law. 101-336 (42 U.S.C. 12204); 49 U.S.C. 322.

SOURCE: 56 FR 45756, Sept. 6, 1991, unless otherwise noted.

EFFECTIVE DATE NOTE: At 56 FR 45756, Sept. 6, 1991, part 38 was added, effective October 7, 1991.

Subpart A-General

§ 38.1 Purpose.

This part provides minimum guidelines and requirements for accessibility standards in part 37 of this title for transportation vehicles required to be accessible by the Americans With Disabilities Act (ADA) of 1990 (42 U.S.C. 1201 et seq.).

§ 38.2 Equivalent facilitation.

Departures from particular technical and scoping requirements of these guidelines by use of other designs and technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the vehicle. Departures are to be considered on a case-by-case basis under procedures set forth in § 37.7 of this title.

§ 38.3 Definitions.

See § 37.3 of this title.

§ 38.4 Miscellaneous instructions.

(a) Dimensional conventions. Dimensions that are not noted as minimum or maximum are absolute.

(b) Dimensional tolerances. All dimensions are subject to conventional engineering tolerances for material properties and field conditions, including normal anticipated wear not exceeding accepted industry-wide standards and practices.

(c) Notes. The text of these guidelines does not contain notes or footnotes. Additional information, expla

nations, and advisory materials are located in the Appendix.

(d) General terminology. (1) Comply with means meet one or more specification of these guidelines.

(2) If or if *** then denotes a specification that applies only when the conditions described are present.

(3) May denotes an option or alternative.

(4) Shall denotes a mandatory specification or requirement.

(5) Should denotes an advisory specification or recommendation.

Subpart B-Buses, Vans and Systems § 38.21 General.

(a) New, used or remanufactured buses and vans (except over-the-road buses covered by subpart G of this part), to be considered accessible by regulations in part 37 of this title shall comply with the applicable provisions of this subpart.

(b) If portions of the vehicle are modified in a way that affects or could affect accessibility, each such portion shall comply, to the extent practicable, with the applicable provisions of this subpart. This provision does not require that inaccessible buses be retrofitted with lifts, ramps or other boarding devices.

§ 38.23 Mobility aid accessibility.

(a) General. All vehicles covered by this subpart shall provide a levelchange mechanism or boarding device (e.g., lift or ramp) complying with paragraph (b) or (c) of this section and sufficient clearances to permit a wheelchair or other mobility aid user to reach a securement location. At least two securement locations and devices, complying with paragraph (d) of this section, shall be provided on vehicles in excess of 22 feet in length; at least one securement location and device, complying with paragraph (d) of this section, shall be provided on vehicles 22 feet in length or less.

(b) Vehicle lift-(1) Design load. The design load of the lift shall be at least 600 pounds. Working parts, such as cables, pulleys, and shafts, which can be expected to wear, and upon which the lift depends for support of the