400 Subpart A—General
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§ 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 op- erated 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. 400 VerDate Mar<15>2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Y:\SGML\220212.XXX 220212 jdjones on DSK8KYBLC1PROD with CFR Office of the Secretary of Transportation § 37.3 § 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 con- text 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. 401 VerDate Mar<15>2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00411 Fmt 8010 Sfmt 8010 Y:\SGML\220212.XXX 220212 jdjones on DSK8KYBLC1PROD with CFR § 37.3 49 CFR Subtitle A (10–1–10 Edition) 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