400 Subpart A—General

§ 37.1 49 CFR Subtitle A (10–1–10 Edition)

37.87 Purchase or lease of used intercity and 37.167 Other service requirements. commuter rail cars. 37.169 Interim requirements for over-the- 37.89 Remanufacture of intercity and com- road bus service operated by private enti- muter rail cars and purchase or lease of ties. remanufactured intercity and commuter 37.171 Equivalency requirement for demand rail cars. responsive service operated by private 37.91 Wheelchair locations and food service entities not primarily engaged in the on intercity rail trains. business of transporting people. 37.93 One car per train rule. 37.173 Training requirements. 37.95 Ferries and other passenger vessels operated by public entities. [Reserved] Subpart H—Over-the-Road Buses (OTRBs) 37.97–37.99 [Reserved] 37.181 Applicability dates. Subpart E—Acquisition of Accessible 37.183 Purchase or lease of new OTRBs by Vehicles by Private Entities operators of fixed-route systems. 37.185 Fleet accessibility requirement for 37.101 Purchase or lease of vehicles by pri- OTRB fixed-route systems of large opera- vate entities not primarily engaged in tors. the business of transporting people. 37.187 Interline service. 37.103 Purchase or lease of new non-rail ve- 37.189 Service requirement for OTRB de- hicles by private entities primarily en- mand-responsive systems. gaged in the business of transporting 37.191 Special provision for small mixed- people. service operators. 37.105 Equivalent service standard. 37.193 Interim service requirements. 37.107 Acquisition of passenger rail cars by 37.195 Purchase or lease of OTRBs by pri- private entities primarily engaged in the vate entities not primarily in the busi- business of transporting people. ness of transporting people. 37.109 Ferries and other passenger vessels 37.197 Remanufactured OTRBs. operated by private entities. [Reserved] 37.199 [Reserved] 37.111–37.119 [Reserved] 37.201 Intermediate and rest stops. 37.203 Lift maintenance. Subpart F—Paratransit as a Complement to 37.205 Additional passengers who use wheel- Fixed Route Service chairs. 37.121 Requirement for comparable com- 37.207 Discriminatory practices. plementary paratransit service. 37.209 Training and other requirements. 37.123 ADA paratransit eligibility: Stand- 37.211 Effect of NHTSA and FHWA safety ards. rules. 37.125 ADA paratransit eligibility: Process. 37.213 Information collection requirements. 37.127 Complementary paratransit service 37.215 Review of requirements. for visitors. APPENDIX A TO SUBPART H OF PART 37—SERV- 37.129 Types of service. ICE REQUEST FORM 37.131 Service criteria for complementary APPENDIX A TO PART 37—MODIFICATIONS TO paratransit. STANDARDS FOR ACCESSIBLE TRANSPOR- 37.133 Subscription service. TATION FACILITIES 37.135 Submission of paratransit plan. APPENDIX B TO PART 37—FTA REGIONAL OF- 37.137 Paratransit plan development. FICES 37.139 Plan contents. APPENDIX C TO PART 37—CERTIFICATIONS 37.141 Requirements for a joint paratransit APPENDIX D TO PART 37—CONSTRUCTION AND plan. INTERPRETATION OF PROVISIONS OF 49 CFR 37.143 Paratransit plan implementation. PART 37 37.145 State comment on plans. 37.147 Considerations during FTA review. AUTHORITY: 42 U.S.C. 12101–12213; 49 U.S.C. 37.149 Disapproved plans. 322. 37.151 Waiver for undue financial burden. SOURCE: 56 FR 45621, Sept. 6, 1991, unless 37.153 FTA waiver determination. otherwise noted. 37.155 Factors in decision to grant an undue financial burden waiver. 37.157–37.159 [Reserved] Subpart A—General

Subpart G—Provision of Service § 37.1 Purpose. The purpose of this part is to imple- 37.161 Maintenance of accessible features: General. ment the transportation and related 37.163 Keeping vehicle lifts in operative con- provisions of titles II and III of the dition: Public entities. Americans with Disabilities Act of 37.165 Lift and securement use. 1990.

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§ 37.3 Definitions. Bus means any of several types of self-propelled vehicles, generally rub- As used in this part: ber-tired, intended for use on city Accessible means, with respect to ve- streets, highways, and busways, includ- hicles and facilities, complying with the accessibility requirements of parts ing but not limited to minibuses, forty- 37 and 38 of this title. and thirty-foot buses, articulated The Act or ADA means the Americans buses, double-deck buses, and elec- with Disabilities Act of 1990 (Pub. L. trically powered trolley buses, used by 101–336, 104 Stat. 327, 42 U.S.C. 12101– public entities to provide designated 12213 and 47 U.S.C. 225 and 611), as it public transportation service and by may be amended from time to time. private entities to provide transpor- Administrator means Administrator of tation service including, but not lim- the Federal Transit Administration, or ited to, specified public transportation his or her designee. services. Self-propelled, rubber-tired Alteration means a change to an ex- vehicles designed to look like antique isting facility, including, but not lim- or vintage trolleys are considered ited to, remodeling, renovation, reha- buses. bilitation, reconstruction, historic res- Commerce means travel, trade, trans- toration, changes or rearrangement in portation, or communication among structural parts or elements, and the several states, between any foreign changes or rearrangement in the plan country or any territory or possession configuration of walls and full-height and any state, or between points in the partitions. Normal maintenance, re- same state but through another state roofing, painting or wallpapering, as- or foreign country. bestos removal, or changes to mechan- Commuter authority means any state, ical or electrical systems are not alter- local, regional authority, corporation, ations unless they affect the usability or other entity established for purposes of the building or facility. of providing commuter rail transpor- Automated guideway transit system or tation (including, but not necessarily AGT means a fixed-guideway transit limited to, the New York Metropolitan system which operates with automated Transportation Authority, the Con- (driverless) individual vehicles or necticut Department of Transpor- multi-car trains. Service may be on a tation, the Maryland Department of fixed schedule or in response to a pas- Transportation, the Southeastern senger-activated call button. Pennsylvania Transportation Author- Auxiliary aids and services includes: ity, the New Jersey Transit Corpora- (1) Qualified interpreters, notetakers, tion, the Massachusetts Bay Transpor- transcription services, written mate- tation Authority, the Port Authority rials, telephone headset amplifiers, as- Trans-Hudson Corporation, and any sistive listening devices, assistive lis- successor agencies) and any entity cre- tening systems, telephones compatible with hearing aids, closed caption de- ated by one or more such agencies for coders, closed and open captioning, the purposes of operating, or context telephones (also known as tele- tracting for the operation of, com- phone devices for the deaf, or TDDs), muter rail transportation. videotext displays, or other effective Commuter bus service means fixed methods of making aurally delivered route bus service, characterized by materials available to individuals with service predominantly in one direction hearing impairments; during peak periods, limited stops, use (2) Qualified readers, taped texts, of multi-ride tickets, and routes of ex- audio recordings, Brailled materials, tended length, usually between the large print materials, or other effective central business district and outlying methods of making visually delivered suburbs. Commuter bus service may materials available to individuals with also include other service, character- visual impairments; ized by a limited route structure, lim- (3) Acquisition or modification of ited stops, and a coordinated relation- equipment or devices; or ship to another mode of transpor- (4) Other similar services or actions. tation.

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Commuter rail car means a rail pas- such contagious or noncontagious dis- senger car obtained by a commuter au- eases and conditions as orthopedic, vis- thority for use in commuter rail trans- ual, speech, and hearing impairments; portation. cerebral palsy, epilepsy, muscular dys- Commuter rail transportation means trophy, multiple sclerosis, cancer, short-haul rail passenger service oper- heart disease, diabetes, mental retar- ating in metropolitan and suburban dation, emotional illness, specific areas, whether within or across the learning disabilities, HIV disease, tu- geographical boundaries of a state, berculosis, drug addiction and alco- usually characterized by reduced fare, holism; multiple ride, and commutation tick- (iv) The phrase physical or mental im- ets and by morning and evening peak pairment does not include homosex- period operations. This term does not uality or bisexuality. include light or rapid rail transpor- (2) The phrase major life activities tation. means functions such as caring for Demand responsive system means any one’s self, performing manual tasks, system of transporting individuals, in- walking, seeing, hearing, speaking, cluding the provision of designated breathing, learning, and work. public transportation service by public (3) The phrase has a record of such an entities and the provision of transpor- impairment means has a history of, or tation service by private entities, in- has been misclassified as having, a cluding but not limited to specified mental or physical impairment that public transportation service, which is substantially limits one or more major not a fixed route system. life activities. Designated public transportation means (4) The phrase is regarded as having transportation provided by a public en- such an impairment means— tity (other than public school transpor- (i) Has a physical or mental impair- tation) by bus, rail, or other convey- ment that does not substantially limit ance (other than transportation by air- major life activities, but which is craft or intercity or commuter rail treated by a public or private entity as transportation) that provides the gen- constituting such a limitation; eral public with general or special serv- (ii) Has a physical or mental impair- ice, including charter service, on a reg- ment that substantially limits a major ular and continuing basis. life activity only as a result of the atti- Disability means, with respect to an tudes of others toward such an impair- individual, a physical or mental im- ment; or pairment that substantially limits one (iii) Has none of the impairments de- or more of the major life activities of fined in paragraph (1) of this definition such individual; a record of such an im- but is treated by a public or private en- pairment; or being regarded as having tity as having such an impairment. such an impairment. (5) The term disability does not in- (1) The phrase physical or mental im- clude— pairment means— (i) Transvestism, transsexualism, (i) Any physiological disorder or con- pedophilia, exhibitionism, voyeurism, dition, cosmetic disfigurement, or ana- gender identity disorders not resulting tomical loss affecting one or more of from physical impairments, or other the following body systems: neuro- sexual behavior disorders; logical, musculoskeletal, special sense (ii) Compulsive gambling, klep- organs, respiratory including speech tomania, or pyromania; organs, cardiovascular, reproductive, (iii) Psychoactive substance abuse digestive, genito-urinary, hemic and disorders resulting from the current il- lymphatic, skin, and endocrine; legal use of drugs. (ii) Any mental or psychological dis- Facility means all or any portion of order, such as mental retardation, or- buildings, structures, sites, complexes, ganic brain syndrome, emotional or equipment, roads, walks, passageways, mental illness, and specific learning parking lots, or other real or personal disabilities; property, including the site where the (iii) The term physical or mental im- building, property, structure, or equip- pairment includes, but is not limited to, ment is located.

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Fixed route system means a system of Paratransit means comparable trans- transporting individuals (other than by portation service required by the ADA aircraft), including the provision of for individuals with disabilities who designated public transportation serv- are unable to use fixed route transpor- ice by public entities and the provision tation systems. of transportation service by private en- Private entity means any entity other tities, including, but not limited to, than a public entity. specified public transportation service, Public entity means: on which a vehicle is operated along a (1) Any state or local government; prescribed route according to a fixed (2) Any department, agency, special schedule. purpose district, or other instrumen- FT Act means the Federal Transit tality of one or more state or local gov- Act of 1964, as amended (49 U.S.C. App. ernments; and 1601 et seq.). (3) The National Railroad Passenger High speed rail means a rail service Corporation (Amtrak) and any com- having the characteristics of intercity muter authority. rail service which operates primarily Purchase or lease, with respect to ve- on a dedicated guideway or track not hicles, means the time at which an en- used, for the most part, by freight, in- tity is legally obligated to obtain the cluding, but not limited to, trains on vehicles, such as the time of contract welded rail, magnetically levitated execution. (maglev) vehicles on a special guide- Public school transportation means way, or other advanced technology ve- transportation by schoolbus vehicles of hicles, designed to travel at speeds in schoolchildren, personnel, and equip- excess of those possible on other types ment to and from a public elementary of railroads. or secondary school and school-related Individual with a disability means a activities. person who has a disability, but does Rapid rail means a subway-type tran- not include an individual who is cur- sit vehicle railway operated on exclu- rently engaging in the illegal use of sive private rights of way with high drugs, when a public or private entity level platform stations. Rapid rail also acts on the basis of such use. may operate on elevated or at grade Intercity rail passenger car means a level track separated from other traf- rail car, intended for use by revenue fic. passengers, obtained by the National Remanufactured vehicle means a vehi- Railroad Passenger Corporation (Am- cle which has been structurally re- trak) for use in intercity rail transpor- stored and has had new or rebuilt tation. major components installed to extend Intercity rail transportation means its service life. transportation provided by Amtrak. Secretary means the Secretary of Light rail means a streetcar-type ve- Transportation or his/her designee. hicle operated on city streets, semi-ex- Section 504 means section 504 of the clusive rights of way, or exclusive Rehabilitation Act of 1973 (Pub. L. 93– rights of way. Service may be provided 112, 87 Stat. 394, 29 U.S.C. 794), as by step-entry vehicles or by level amended. boarding. Service animal means any guide dog, New vehicle means a vehicle which is signal dog, or other animal individ- offered for sale or lease after manufac- ually trained to work or perform tasks ture without any prior use. for an individual with a disability, in- Operates includes, with respect to a cluding, but not limited to, guiding in- fixed route or demand responsive sys- dividuals with impaired vision, alert- tem, the provision of transportation ing individuals with impaired hearing service by a public or private entity to intruders or sounds, providing mini- itself or by a person under a contrac- mal protection or rescue work, pulling tual or other arrangement or relation- a wheelchair, or fetching dropped ship with the entity. items. Over-the-road bus means a bus charac- Small operator means, in the context terized by an elevated passenger deck of over-the-road buses (OTRBs), a pri- located over a baggage compartment. vate entity primarily in the business of

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transporting people that is not a Class rectly from their homes to their reg- I motor carrier. To determine whether ular places of work within the same an operator has sufficient average an- geographical area, and in which the nual gross transportation operating commuter/driver does not receive com- revenues to be a Class I motor carrier, pensation beyond reimbursement for its revenues are combined with those of his or her costs of providing the serv- any other OTRB operator with which it ice. is affiliated. Vehicle, as the term is applied to pri- Solicitation means the closing date for vate entities, does not include a rail the submission of bids or offers in a passenger car, railroad locomotive, procurement. railroad freight car, or railroad ca- Specified public transportation means boose, or other rail rolling stock de- transportation by bus, rail, or any scribed in section 242 of title III of the other conveyance (other than aircraft) Act. provided by a private entity to the gen- Wheelchair means a mobility aid be- eral public, with general or special longing to any class of three or four- service (including charter service) on a wheeled devices, usable indoors, de- regular and continuing basis. signed for and used by individuals with Station means, with respect to inter- mobility impairments, whether oper- city and commuter rail transportation, ated manually or powered. A ‘‘common the portion of a property located ap- wheelchair’’ is such a device which purtenant to a right of way on which does not exceed 30 inches in width and intercity or commuter rail transpor- 48 inches in length measured two tation is operated, where such portion inches above the ground, and does not is used by the general public and is re- weigh more than 600 pounds when occu- lated to the provision of such transpor- pied. tation, including passenger platforms, designated waiting areas, restrooms, [56 FR 45621, Sept. 6, 1991, as amended at 58 and, where a public entity providing FR 63101, Nov. 30, 1993; 61 FR 25415, May 21, 1996; 63 FR 51690, Sept. 28, 1998] rail transportation owns the property, concession areas, to the extent that § 37.5 Nondiscrimination. such public entity exercises control over the selection, design, construc- (a) No entity shall discriminate tion, or alteration of the property, but against an individual with a disability this term does not include flag stops in connection with the provision of (i.e., stations which are not regularly transportation service. scheduled stops but at which trains (b) Notwithstanding the provision of will stop to board or detrain passengers any special transportation service to only on signal or advance notice). individuals with disabilities, an entity Transit facility means, for purposes of shall not, on the basis of disability, determining the number of text tele- deny to any individual with a dis- phones needed consistent with section ability the opportunity to use the enti- 10.3.1(12) of appendix A to this part, a ty’s transportation service for the gen- physical structure the primary func- eral public, if the individual is capable tion of which is to facilitate access to of using that service. and from a transportation system (c) An entity shall not require an in- which has scheduled stops at the struc- dividual with a disability to use des- ture. The term does not include an ignated priority seats, if the individual open structure or a physical structure does not choose to use these seats. the primary purpose of which is other (d) An entity shall not impose special than providing transportation services. charges, not authorized by this part, on Used vehicle means a vehicle with individuals with disabilities, including prior use. individuals who use wheelchairs, for Vanpool means a voluntary com- providing services required by this part muter ridesharing arrangement, using or otherwise necessary to accommo- vans with a seating capacity greater date them. than 7 persons (including the driver) or (e) An entity shall not require that buses, which provides transportation to an individual with disabilities be ac- a group of individuals traveling di- companied by an attendant.

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(f) Private entities that are primarily be used by such entity to comply with engaged in the business of transporting this part. people and whose operations affect (2) The requesting party shall provide commerce shall not discriminate the following information with its re- against any individual on the basis of quest: disability in the full and equal enjoy- (i) Entity name, address, contact per- ment of specified transportation serv- son and telephone; ices. This obligation includes, with re- (ii) Specific provision of part 38 of spect to the provision of transportation this title concerning which the entity services, compliance with the require- is seeking a determination of equiva- ments of the rules of the Department lent facilitation. of Justice concerning eligibility cri- (iii) [Reserved] teria, making reasonable modifica- (iv) Alternative method of compli- tions, providing auxiliary aids and ance, with demonstration of how the services, and removing barriers (28 CFR alternative meets or exceeds the level 36.301–36.306). of accessibility or usability of the vehi- (g) An entity shall not refuse to serve cle provided in part 38 of this subtitle; an individual with a disability or re- and quire anything contrary to this part (v) Documentation of the public par- because its insurance company condi- ticipation used in developing an alter- tions coverage or rates on the absence native method of compliance. of individuals with disabilities or re- (3) In the case of a request by a pub- quirements contrary to this part. lic entity that provides transportation (h) It is not discrimination under this services subject to the provisions of part for an entity to refuse to provide subpart D of this part, the required service to an individual with disabil- public participation shall include the ities because that individual engages in following: violent, seriously disruptive, or illegal (i) The entity shall contact individ- conduct. However, an entity shall not uals with disabilities and groups rep- refuse to provide service to an indi- resenting them in the community. Con- vidual with disabilities solely because sultation with these individuals and the individual’s disability results in ap- groups shall take place at all stages of pearance or involuntary behavior that the development of the request for may offend, annoy, or inconvenience equivalent facilitation. All documents employees of the entity or other per- and other information concerning the sons. request shall be available, upon request, to members of the public. § 37.7 Standards for accessible vehi- (ii) The entity shall make its pro- cles. posed request available for public com- (a) For purposes of this part, a vehi- ment before the request is made final cle shall be considered to be readily ac- or transmitted to DOT. In making the cessible to and usable by individuals request available for public review, the with disabilities if it meets the re- entity shall ensure that it is available, quirements of this part and the stand- upon request, in accessible formats. ards set forth in part 38 of this title. (iii) The entity shall sponsor at least (b)(1) For purposes of implementing one public hearing on the request and the equivalent facilitation provision in shall provide adequate notice of the § 38.2 of this subtitle, the following par- hearing, including advertisement in ap- ties may submit to the Administrator propriate media, such as newspapers of of the applicable operating administra- general and special interest circulation tion a request for a determination of and radio announcements. equivalent facilitation: (4) In the case of a request by a pri- (i) A public or private entity that vate entity that provides transpor- provides transportation services and is tation services subject to the provi- subject to the provisions of subpart D sions of subpart E of this part or a or subpart E this part; or manufacturer, the private entity or (ii) The manufacturer of a vehicle or manufacturer shall consult, in person, a vehicle component or subsystem to in writing, or by other appropriate

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means, with representatives of na- sistent with the requirements set forth tional and local organizations rep- in Appendices B and D to 36 CFR part resenting people with those disabilities 1191 and Appendix A to this part, if the who would be affected by the request. modifications complied with the Uni- (5) A determination of compliance form Federal Accessibility Standards will be made by the Administrator of (UFAS) or ANSI A117.1(1980) (American the concerned operating administra- National Standards Specification for tion on a case-by-case basis, with the Making Buildings and Facilities Acces- concurrence of the Assistant Secretary sible to and Usable by the Physically for Policy and International Affairs. Handicapped). This paragraph applies (6) Determinations of equivalent fa- only to alterations of individual ele- cilitation are made only with respect ments and spaces and only to the ex- to vehicles or vehicle components used tent that provisions covering those ele- in the provision of transportation serv- ments or spaces are contained in UFAS ices covered by subpart D or subpart E or ANSI A117.1, as applicable. of this part, and pertain only to the (c) (1) New construction or alter- specific situation concerning which the ations of buildings or facilities on determination is made. Entities shall which construction has begun, or all not cite these determinations as indi- approvals for final design have been re- cating that a product or method con- ceived, before November 29, 2006, are stitute equivalent facilitations in situ- not required to be consistent with the ations other than those to which the requirements set forth in Appendices B determinations specifically pertain. and D to 36 CFR part 1191 and Appendix Entities shall not claim that a deter- A to this part, if the construction or mination of equivalent facilitation in- alterations comply with the former Ap- dicates approval or endorsement of any pendix A to this part, as codified in the product or method by the Federal gov- October 1, 2006, edition of the Code of ernment, the Department of Transpor- Federal Regulations. tation, or any of its operating adminis- (2) Existing buildings and facilities trations. that are not altered after November 29, (c) Over-the-road buses acquired by 2006, and which comply with the former public entities (or by a contractor to a Appendix A to this part, are not re- public entity as provided in § 37.23 of quired to be retrofitted to comply with this part) shall comply with § 38.23 and the requirements set forth in Appen- subpart G of part 38 of this title. dices B and D to 36 CFR part 1191 and [56 FR 45621, Sept. 6, 1991, as amended at 58 Appendix A to this part. FR 63101, Nov. 30, 1993; 61 FR 25416, May 21, (d)(1) For purposes of implementing 1996] the equivalent facilitation provision in ADA Chapter 1, Section 103, of Appen- § 37.9 Standards for accessible trans- dix B to 36 CFR part 1191, the following portation facilities. parties may submit to the Adminis- (a) For purposes of this part, a trans- trator of the applicable operating ad- portation facility shall be considered ministration a request for a determina- to be readily accessible to and usable tion of equivalent facilitation: by individuals with disabilities if it (i)(A) A public or private entity that meets the requirements of this part provides transportation facilities sub- and the requirements set forth in Ap- ject to the provisions of subpart C of pendices B and D to 36 CFR part 1191, this part, or other appropriate party which apply to buildings and facilities with the concurrence of the Adminis- covered by the Americans with Disabil- trator. ities Act, as modified by Appendix A to (B) With respect to airport facilities, this part. an entity that is an airport operator (b) Facility alterations begun before subject to the requirements of 49 CFR January 26, 1992, in a good faith effort part 27 or regulations implementing to make a facility accessible to indi- the Americans with Disabilities Act, viduals with disabilities may be used to an air carrier subject to the require- meet the key station requirements set ments of 14 CFR part 382, or other ap- forth in §§ 37.47 and 37.51 of this part, propriate party with the concurrence even if these alterations are not con- of the Administrator.

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(ii) The manufacturer of a product or or private entity shall consult, in per- accessibility feature to be used in a son, in writing, or by other appropriate transportation facility or facilities. means, with representatives of na- (2) The requesting party shall provide tional and local organizations rep- the following information with its re- resenting people with those disabilities quest: who would be affected by the request. (i) Entity name, address, contact per- (5) A determination of compliance son and telephone; will be made by the Administrator of (ii) Specific provision(s) of Appen- the concerned operating administra- dices B and D to 36 CFR part 1191 or tion on a case-by-case basis, with the Appendix A to this part concerning concurrence of the Assistant Secretary which the entity is seeking a deter- for Transportation Policy. mination of equivalent facilitation. (6)(i) Determinations of equivalent (iii) [Reserved] facilitation are made only with respect (iv) Alternative method of compli- to transportation facilities, and per- ance, with demonstration of how the tain only to the specific situation con- alternative meets or exceeds the level cerning which the determination is of accessibility or usability provided in made. Provided, however, that with re- Appendices B and D to 36 CFR part 1191 spect to a product or accessibility fea- or Appendix A to this part; and ture that the Administrator deter- (v) Documentation of the public par- mines can provide an equivalent facili- ticipation used in developing an alter- tation in a class of situations, the Ad- native method of compliance. ministrator may make an equivalent (3) In the case of a request by a pub- facilitation determination applying to lic entity that provides transportation facilities (including an airport oper- that class of situations. ator), or a request by an air carrier (ii) Entities shall not cite these de- with respect to airport facilities, the terminations as indicating that a prod- required public participation shall in- uct or method constitutes equivalent clude the following: facilitation in situations, or classes of (i) The entity shall contact individ- situations, other than those to which uals with disabilities and groups rep- the determinations specifically per- resenting them in the community. Con- tain. sultation with these individuals and (iii) Entities shall not claim that a groups shall take place at all stages of determination of equivalent facilita- the development of the request for tion indicates approval or endorsement equivalent facilitation. All documents of any product or method by the Fed- and other information concerning the eral government, the Department of request shall be available, upon re- Transportation, or any of its operating quest, to Department of Transpor- administrations. tation officials and members of the [71 FR 63265, Oct. 30, 2006] public. (ii) The entity shall make its pro- § 37.11 Administrative enforcement. posed request available for public comment before the request is made final (a) Recipients of Federal financial as- or transmitted to DOT. In making the sistance from the Department of request available for public review, the Transportation are subject to adminis- entity shall ensure that it is available, trative enforcement of the require- upon request, in accessible formats. ments of this part under the provisions (iii) The entity shall sponsor at least of 49 CFR part 27, subpart C. one public hearing on the request and (b) Public entities, whether or not shall provide adequate notice of the they receive Federal financial assist- hearing, including advertisement in ap- ance, also are subject to enforcement propriate media, such as newspapers of action as provided by the Department general and special interest circulation of Justice. and radio announcements. (c) Private entities, whether or not (4) In the case of a request by a man- they receive Federal financial assist- ufacturer or a private entity other ance, are also subject to enforcement than an air carrier, the manufacturer action as provided in the regulations of

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the Department of Justice imple- tions of the Department of Justice (28 menting title III of the ADA (28 CFR CFR parts 35 or 36, as applicable). The part 36). provisions of this part shall be inter- preted in a manner that will make [56 FR 45621, Sept. 6, 1991, as amended at 61 FR 25416, May 21, 1996] them consistent with applicable De- partment of Justice regulations. In any § 37.13 Effective date for certain vehi- case of apparent inconsistency, the cle specifications. provisions of this part shall prevail. (a) The vehicle lift specifications § 37.23 Service under contract. identified in §§ 38.23(b)(6), 38.83(b)(6), 38.95(b)(6), and 38.125(b)(6) of this title (a) When a public entity enters into a apply to solicitations for vehicles contractual or other arrangement or under this part after January 25, 1992. relationship with a private entity to (b) The vehicle door height require- operate fixed route or demand respon- ments for vehicles over 22 feet identi- sive service, the public entity shall en- fied in § 38.25(c) of this title apply to so- sure that the private entity meets the licitations for vehicles under this part requirements of this part that would after January 25, 1992. apply to the public entity if the public entity itself provided the service. [56 FR 64215, Dec. 9, 1991] (b) A private entity which purchases or leases new, used, or remanufactured § 37.15 Temporary suspension of certain detectable warning require- vehicles, or remanufactures vehicles, ments. for use, or in contemplation of use, in fixed route or demand responsive serv- The detectable warning requirements ice under contract or other arrange- contained in sections 4.7.7, 4.29.5, and ment or relationship with a public en- 4.29.6 of appendix A to this part are sus- tity, shall acquire accessible vehicles pended temporarily until July 26, 2001. in all situations in which the public en- [64 FR 64837, 64838, Nov. 23, 1998] tity itself would be required to do so by this part. §§ 37.16–37.19 [Reserved] (c) A public entity which enters into a contractual or other arrangement or Subpart B—Applicability relationship with a private entity to provide fixed route service shall ensure § 37.21 Applicability: General. that the percentage of accessible vehi- (a) This part applies to the following cles operated by the public entity in its entities, whether or not they receive overall fixed route or demand respon- Federal financial assistance from the sive fleet is not diminished as a result. Department of Transportation: (d) A private entity that provides (1) Any public entity that provides fixed route or demand responsive trans- designated public transportation or portation service under contract or intercity or commuter rail transpor- other arrangement with another pri- tation; vate entity shall be governed, for pur- (2) Any private entity that provides poses of the transportation service in- specified public transportation; and volved, by the provisions of this part (3) Any private entity that is not pri- applicable to the other entity. marily engaged in the business of transporting people but operates a de- § 37.25 University transportation sys- mand responsive or fixed route system. tems. (b) For entities receiving Federal fi- (a) Transportation services operated nancial assistance from the Depart- by private institutions of higher edu- ment of Transportation, compliance cation are subject to the provisions of with applicable requirements of this this part governing private entities not part is a condition of compliance with primarily engaged in the business of section 504 of the Rehabilitation Act of transporting people. 1973 and of receiving financial assist- (b) Transportation systems operated ance. by public institutions of higher edu- (c) Entities to which this part applies cation are subject to the provisions of also may be subject to ADA regula- this part governing public entities. If a

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