Office of the Secretary of Transportation § 37.3 37.125 ADA paratransit eligibility: Process. APPENDIX A TO SUBPART H OF PART 37—SERV- 37.127 Complementary paratransit service ICE REQUEST FORM for visitors. APPENDIX A TO PART 37—MODIFICATIONS TO 37.129 Types of service. STANDARDS FOR ACCESSIBLE TRANSPOR- 37.131 Service criteria for complementary TATION FACILITIES paratransit. APPENDIX B TO PART 37—FTA REGIONAL OF- 37.133 Subscription service. FICES 37.135 Submission of paratransit plan. APPENDIX C TO PART 37—CERTIFICATIONS 37.137 Paratransit plan development. APPENDIX D TO PART 37—CONSTRUCTION AND 37.139 Plan contents. INTERPRETATION OF PROVISIONS OF 49 CFR 37.141 Requirements for a joint paratransit PART 37 plan. AUTHORITY: 42 U.S.C. 12101–12213; 49 U.S.C. 37.143 Paratransit plan implementation. 322. 37.145 State comment on plans. SOURCE: 56 FR 45621, Sept. 6, 1991, unless 37.147 Considerations during FTA review. otherwise noted. 37.149 Disapproved plans. 37.151 Waiver for undue financial burden. 37.153 FTA waiver determination. Subpart A—General 37.155 Factors in decision to grant an undue financial burden waiver. § 37.1 Purpose. 37.157–37.159 [Reserved] The purpose of this part is to imple- ment the transportation and related Subpart G—Provision of Service provisions of titles II and III of the 37.161 Maintenance of accessible features: Americans with Disabilities Act of General. 1990. 37.163 Keeping vehicle lifts in operative con- dition: Public entities. § 37.3 Definitions. 37.165 Lift and securement use. As used in this part: 37.167 Other service requirements. Accessible means, with respect to ve- 37.169 [Reserved] hicles and facilities, complying with 37.171 Equivalency requirement for demand responsive service operated by private the accessibility requirements of parts entities not primarily engaged in the 37 and 38 of this title. business of transporting people. The Act or ADA means the Americans 37.173 Training requirements. with Disabilities Act of 1990 (Pub. L. 101–336, 104 Stat. 327, 42 U.S.C. 12101– Subpart H—Over-the-Road Buses (OTRBs) 12213 and 47 U.S.C. 225 and 611), as it may be amended from time to time. 37.181 Applicability dates. Administrator means Administrator of 37.183 Purchase or lease of new OTRBs by operators of fixed-route systems. the Federal Transit Administration, or 37.185 Fleet accessibility requirement for his or her designee. OTRB fixed-route systems of large opera- Alteration means a change to an ex- tors. isting facility, including, but not lim- 37.187 Interline service. ited to, remodeling, renovation, reha- 37.189 Service requirement for OTRB de- bilitation, reconstruction, historic res- mand-responsive systems. toration, changes or rearrangement in 37.191 Special provision for small mixed- structural parts or elements, and service operators. changes or rearrangement in the plan 37.193 Interim service requirements. configuration of walls and full-height 37.195 Purchase or lease of OTRBs by pri- vate entities not primarily in the busi- partitions. Normal maintenance, re- ness of transporting people. roofing, painting or wallpapering, as- 37.197 Remanufactured OTRBs. bestos removal, or changes to mechan- 37.199 [Reserved] ical or electrical systems are not alter- 37.201 Intermediate and rest stops. ations unless they affect the usability 37.203 Lift maintenance. of the building or facility. 37.205 Additional passengers who use wheel- Automated guideway transit system or chairs. AGT means a fixed-guideway transit 37.207 Discriminatory practices. system which operates with automated 37.209 Training and other requirements. 37.211 Effect of NHTSA and FHWA safety (driverless) individual vehicles or rules. multi-car trains. Service may be on a 37.213 Information collection requirements. fixed schedule or in response to a pas- 37.215 Review of requirements. senger-activated call button. 433 VerDate Sep<11>2014 14:04 Jan 21, 2015 Jkt 232219 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Y:\SGML\232219.XXX 232219 wreier-aviles on DSK4TPTVN1PROD with CFR § 37.3 49 CFR Subtitle A (10–1–14 Edition) Auxiliary aids and services includes: tion, the Massachusetts Bay Transpor- (1) Qualified interpreters, notetakers, tation Authority, the Port Authority transcription services, written mate- Trans-Hudson Corporation, and any rials, telephone headset amplifiers, as- successor agencies) and any entity cre- sistive listening devices, assistive lis- ated by one or more such agencies for tening systems, telephones compatible the purposes of operating, or con- with hearing aids, closed caption de- tracting for the operation of, com- coders, closed and open captioning, muter rail transportation. text telephones (also known as tele- Commuter bus service means fixed phone devices for the deaf, or TDDs), route bus service, characterized by videotext displays, or other effective service predominantly in one direction methods of making aurally delivered during peak periods, limited stops, use materials available to individuals with of multi-ride tickets, and routes of ex- hearing impairments; tended length, usually between the (2) Qualified readers, taped texts, central business district and outlying audio recordings, Brailled materials, suburbs. Commuter bus service may large print materials, or other effective also include other service, character- methods of making visually delivered ized by a limited route structure, lim- materials available to individuals with ited stops, and a coordinated relation- visual impairments; ship to another mode of transpor- (3) Acquisition or modification of tation. equipment or devices; or Commuter rail car means a rail pas- (4) Other similar services or actions. senger car obtained by a commuter au- Bus means any of several types of thority for use in commuter rail trans- self-propelled vehicles, generally rub- portation. ber-tired, intended for use on city Commuter rail transportation means streets, highways, and busways, includ- short-haul rail passenger service oper- ing but not limited to minibuses, forty- ating in metropolitan and suburban and thirty-foot buses, articulated areas, whether within or across the buses, double-deck buses, and elec- geographical boundaries of a state, trically powered trolley buses, used by usually characterized by reduced fare, public entities to provide designated multiple ride, and commutation tick- public transportation service and by ets and by morning and evening peak private entities to provide transpor- period operations. This term does not tation service including, but not lim- include light or rapid rail transpor- ited to, specified public transportation tation. services. Self-propelled, rubber-tired Demand responsive system means any vehicles designed to look like antique system of transporting individuals, in- or vintage trolleys are considered cluding the provision of designated buses. public transportation service by public Commerce means travel, trade, trans- entities and the provision of transpor- portation, or communication among tation service by private entities, in- the several states, between any foreign cluding but not limited to specified country or any territory or possession public transportation service, which is and any state, or between points in the not a fixed route system. same state but through another state Designated public transportation means or foreign country. transportation provided by a public en- Commuter authority means any state, tity (other than public school transpor- local, regional authority, corporation, tation) by bus, rail, or other convey- or other entity established for purposes ance (other than transportation by air- of providing commuter rail transpor- craft or intercity or commuter rail tation (including, but not necessarily transportation) that provides the gen- limited to, the New York Metropolitan eral public with general or special serv- Transportation Authority, the Con- ice, including charter service, on a reg- necticut Department of Transpor- ular and continuing basis. tation, the Maryland Department of Direct threat means a significant risk Transportation, the Southeastern to the health or safety of others that Pennsylvania Transportation Author- cannot be eliminated by a modification ity, the New Jersey Transit Corpora- of policies, practices, procedures, or by 434 VerDate Sep<11>2014 14:04 Jan 21, 2015 Jkt 232219 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Y:\SGML\232219.XXX 232219 wreier-aviles on DSK4TPTVN1PROD with CFR Office of the Secretary of Transportation § 37.3 the provision of auxiliary aids or serv- (ii) Has a physical or mental impair- ices. ment that substantially limits a major Disability means, with respect to an life activity only as a result of the atti- individual, a physical or mental im- tudes of others toward such an impair- pairment that substantially limits one ment; or or more of the major life activities of (iii) Has none of the impairments de- such individual; a record of such an im- fined in paragraph (1) of this definition pairment; or being regarded as having but is treated by a public or private en- such an impairment. tity as having such an impairment. (1) The phrase physical or mental im- (5) The term disability does not in- pairment means— clude— (i) Any physiological disorder or con- (i) Transvestism, transsexualism, dition, cosmetic disfigurement, or ana- pedophilia, exhibitionism, voyeurism, tomical loss affecting one or more of gender identity disorders not resulting the following body systems: neuro- from physical impairments, or other logical, musculoskeletal,