For the reasons set forth in the preamble, the Department
takes the following actions:

       1.  The authority citation for Title 49, Part 27 Code
of Federal Regulations, is revised to read as follows:
AUTHORITY: Sec, 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. 794); secs. 16(a) and 16(d) of
the Urban Mass Transportation Act of 1964, as amended
(49 U.S.C. 16(a) and 16(d); sec. 165(b) of the
Federal-aid Highway Act of 1973 (49 U.S.C. 142 nt.);
the Americans with Disabilities Act of 1990, 42 U.S.C.
12101 - 12213 and 47 U.S.C. 225 and 611, and 49 U.S.C.
322.
     2. Section 27.19 of 49 CFR Part 27 is amended by
revising paragraph (a) to read as follows:

27.19  Compliance with Americans with Disabilities Act
Requirements and UMTA Policy.
     (a) Recipients subject to this Part (whether public or
private entities as defined in 49 CFR Part 37) shall comply
with all applicable requirements of the Americans with
Disabilities Act (ADA) of 1990 including the Department's
ADA regulations (49 CFR Parts 37 and 38),  the regulations
of the Department of Justice implementing Titles II and III
of the ADA (28 CFR Parts 35 and 36), and the regulations of
the Equal Employment Opportunity Commission (EEOC)
implementing Title I of the ADA (29 CFR Part 1630).
Compliance with the EEOC Title I regulations is required as
a condition of compliance with section 504 for DOT
recipients even for organizations which, because they have
fewer than 25 or 15 employees, would not be subject to the
EEOC regulation in its own right.    Compliance with all
these regulations is a condition of receiving Federal
financial assistance from the Department of Transportation.
Any recipient not in compliance with this requirement shall
be subject to enforcement action under Subpart C of this
Part.
                       *********************
     3 Subparts B (27.31 - 27.37), C (27.61 - 27.67), E
(27.81 - 27.103) and the Appendix to Subpart E of 49 CFR
Part 27 are removed, and 27.73 and Appendix A to Subpart D
thereof are removed.
     4. Subpart F (27.121 - 27.129) thereof is
redesignated as Subpart C and Subpart D (27.71 and 27.75)
is redesignated as Subpart B.
     5. Removed from 27.5 thereof are the definitions of
"accessible," "closed station," "commuter rail," "fixed
route bus system," "flag stop," "light rail," "mass
transportation," "open station," "passenger," "public
paratransit system," "rapid rail," "transportation
improvement program," and "urbanized area."
     6.  Section 27. 67 is amended by adding a new paragraph
(d) to read as follows:
 27.67 New facilities and alterations.
*****
     (d) Accessibility Modifications.  Design, construction,
or alteration of buildings or other fixed facilities by
public entities subject to part 37 of this title shall be in
conformance with Appendix A to Part 37.of this title.  All
other entities subject to section 504 shall design,
construct or alter a building.or other fixed facilities
shall be in conformance with either Appendix A to Part 37 of
this title or the Uniform Federal Accessibility Standards,
41 CFR 101-196, Appendix A.
     7  Title 49, Code of Federal Regulations, Part 37, is
revised to read as follows:

49 CFR PART 37 - TRANSPORTATION SERVICES FOR INDIVIDUALS
WITH DISABILITIES (ADA)

Subpart A

Sec.
37.1  Purpose.
37.3  Definitions
37.5  Nondiscrimination.
37.7  Standards for accessible vehicles.
37.9  Standards for accessible transportation
      facilities.
37.11 Administrative enforcement.
37.13  Effective date for certain vehicle lift
specifications.
37.15 - 37.19 [Reserved]

Subpart B - Applicability

37.21  Applicability - general.
37.23  Service under contract.
37.25  University transportation systems.
37.27  Transportation for elementary and secondary education systems.
37.29  Private providers of taxi service.
37.31  Vanpools.
37.33  Airport transportation systems.
37.35  Supplemental service for other transportation modes.
37.37  Other applications.
37.39  [Reserved]


37.41  Construction of transportation facilities by public entities.
37.43  Alteration of transportation facilities by public entities.
37.45  Construction and alteration of transportation facilities
       by private entities.
37.47  Key stations in light and rapid rail systems.
37.49  Designation of responsible person(s) for intercity
       and commuter rail stations.
37.51  Key stations in commuter rail systems.
37.53  Exception for New York and Philadelphia.
37.55  Intercity rail station accessibility.
37.57  Required cooperation.
37.59  Differences in accessibility completion dates.
37.61  Public transportation programs and activities in
       existing facilities.
37.63 - 37.69 [Reserved]

Subpart D - Acquisition of accessible vehicles by
            public entities.

37.71  Purchase or lease of new non-rail vehicles by public
       entities operating fixed route systems.
37.73  Purchase or lease of used non-rail vehicles by public
       entities operating fixed route systems.
37.75  Remanufacture of non-rail vehicles and purchase or
       lease of remanufactured non-rail vehicles by public
       entities operating fixed route systems.
37.77  Purchase or lease of new non-rail vehicles by public
       entities operating demand responsive systems for the
       general public.
37.79  Purchase or lease of new rail vehicles by public
       entities operating rapid or light rail systems.
37.81  Purchase or lease of used rail vehicles by public
       entities operating rapid or light rail systems.
37.83  Remanufacture of rail vehicles and purchase or lease
       of remanufactured rail vehicles by public entities
       operating rapid or light rail systems.
37.85  Purchase or lease of new intercity and commuter rail cars.
37.87  Purchase or lease of used intercity and commuter rail cars.
37.89  Remanufacture of intercity and commuter rail cars and
       purchase or lease of remanufactured intercity and
       commuter rail cars.
37.91  Wheelchair locations and food service on intercity rail
       trains.
37.93  One car per train rule.
37.95  Ferries and other passenger vessels operated by
       public entities.[ Reserved]
37.97 - 3799 [Reserved]

Subpart E - Acquisition of accessible vehicles by
            private entities.

37.101  Purchase or lease of vehicles by private entities
        not primarily engaged in the business of
        transporting people.
37.103  Purchase or lease of non-rail vehicles by private
        entities primarily engaged in the business of transporting
        people.
37.105  equivalent service standard.
37.107  Acquisition of passenger rail cars by private entities
        primarily engaged in the business of transporting people.
37.109  Ferries and other passenger vessels operated by
        private entities.[Reserved]
37.111 - 37.119 [Reserved]

Subpart F -Paratransit as a complement to fixed route service

37.121  Requirement for comparable complementary paratransit
        service
37.123  ADA paratransit eligibility - Standards
37.125  ADA paratransit eligibility - Process
37.127  Complementary paratransit for Visitors
37.129  Types of service
37.131  Service criteria for complementary paratransit
37.133  Subscription service
37.135  Submission of paratransit plan.
37,137  Paratransit paln development
37.141  Requirements for a joint paratransit plan.
37.143  Paratransit plan implementation.
37.145  State comment on plans.
37.147  Considerations during UMTA review.
37.149  Disapproved plans.
37.151  Waiver for undue financial burden.
37.153  UMTA waiver determination.
37.155  Factors in decision to grant undue financial burden waiver.
37.157-37.159 [Reserved]

Subpart G - Provision  of service.

37.161  Maintenance of accessible features - general
37.163  Keeping vehiclel lifts in operative condition -
        public entities
37.165  lift and securement use
37.167  Other service requirements
37.169  Interim requirements for over-the-road bus service
        operated by private entities.
37.171  Equivalency requirement for demand responsive
        service by private entities not primarily engaged in the
        business of transporting people.
37.173  Training requirements.


Appendix A - Standards for Accessible Transportation Facilities.

Appendix B - UMTA Regional Offices.

Appendix C - Certifications.

Appendix D - Explanations and Interpretations of
             of Provisions. of 49 CFR Part 37


AUTHORITY:  Americans with Disabilities Act of 1990, 42
U.S.C. 12101 - 12213 and 47 U.S.C. 225 and 611;  49 U.S.C.
322.




SUBPART A
37.1  Purpose.
     The purpose of this Part is to implement the
transportation and related provisions of Titles II and III
of the Americans with Disabilities Act of 1990.

37.3    Definitions
     As used in this Part:
     "Accessible" means, with respect to vehicles and
facilities, complying with the accessibility requirements of
Parts 37 and 38 of this title.
     "Administrator" means Administrator of the Urban Mass
Transportation Administration, or his or her designee.
     "Alteration" means a change to an existing facility,
including, but not limited to, remodeling, renovation,
rehabilitation, reconstruction, historic restoration,
changes or rearrangement in structural parts or elements,
and changes or rearrangement in the plan configuration of
walls and full-height partitions.  Normal maintenance,
reroofing, painting or wallpapering, asbestos removal, or
changes to mechanical or electrical systems are not
alterations unless they affect the usability of the building
or facility.
     "The Act" or "ADA" means the Americans with
Disabilities Act of 1990 (Pub. L. 101-336, 104 Stat. 327, 42
U.S.C. 12101-12213 and 47 U.S.C. 225 and 611), as it may be
amended from time to time.
     "Automated guideway transit system" or "AGT" means a
fixed-guideway transit system which operates with automated
(driverless) individual vehicles or multi-car trains.
Service may be on a fixed schedule or in response to a
passenger-activated call button.
     "Auxiliary aids and services" includes:
     (1) Qualified interpreters, notetakers,
transcription services, written materials, telephone
headset amplifiers, assistive listening devices,
assistive listening systems, telephones compatible with
hearing aids, closed caption decoders, closed and open
captioning, text telephones (also known as telephone
devices for the deaf, or TDDs), videotext displays, or
other effective methods of making aurally delivered
materials available to individuals with hearing
impairments;
     (2) Qualified readers, taped texts, audio
recordings, Brailled materials, large print materials,
or other effective methods of making visually delivered
materials available to individuals with visual
impairments;
     (3) Acquisition or modification of equipment or
devices; or
     (4) Other similar services or actions.
     "Bus" means any of several types of self-propelled
vehicles, generally rubber-tired, intended for use on city
streets, highways, and busways, including but not limited to
minibuses, forty- and thirty- foot buses, articulated buses.
double-deck buses, and electrically powered trolley buses,
used by public entities to provide designated public
transportation service and by private entities to provide
transportation service including, but not limited to,
specified public transportation services.  Self-propelled,
rubber-tired vehicles designed to look like antique or
vintage trolleys are considered buses.
"Commerce" means travel, trade, transportation, or
communication among the several states, between any foreign
country or any territory or possession and any state, or
between points in the same state but through another state
or foreign country.
     "Commuter authority" means any state, local, regional
authority, corporation, or other entity established for
purposes of providing commuter rail transportation
(including, but not necessarily limited to, the New York
Metropolitan Transportation Authority, the Connecticut
Department of Transportation, the Maryland Department of
Transportation, the Southeastern Pennsylvania Transportation
Authority, the New Jersey Transit Corporation, the
Massachusetts Bay Transportation Authority, the Port
Authority Trans-Hudson Corporation, and any successor
agencies) and any entity created by one or more such
agencies for the purposes of operating, or contracting for
the operation of, commuter rail transportation.
     "Commuter bus service" means fixed route bus service,
characterized by service predominantly in one direction
during peak periods, limited stops, use of multi-ride
tickets, and routes of extended length, usually between the
central business district and outlying suburbs.  Commuter
bus service may also include other service, characterized by
a limited route structure, limited stops, and a coordinated
relationship to another mode of transportation.
     "Commuter rail transportation" means short-haul rail
passenger service operating in metropolitan and suburban
areas, whether within or across the geographical boundaries
of a state, usually characterized by reduced fare, multiple
ride, and commutation tickets and by morning and evening
peak period  operations.  This term does not include light
or rapid rail transportation.
     "Commuter rail car" means a rail passenger car obtained
by a commuter authority for use in commuter rail
transportation.
     "Demand responsive system" means any system of
transporting individuals, including the provision of
designated public transportation service by public entities
and the provision of transportation service by private
entities, including but not limited to specified public
transportation service, which is not a fixed route system.
     "Designated public transportation" means transportation
provided by a public entity (other than public school
transportation) by bus, rail, or other conveyance (other
than transportation by aircraft or intercity or commuter
rail transportation) that provides the general public with
general or special service, including charter service, on a
regular and continuing basis.
     "Disability" means, with respect to an individual, a
physical or mental impairment that substantially limits one
or more of the major life activities of such individual; a
record of such an impairment; or being regarded as having
such an impairment.
(1)(i). The phrase "physical or mental impairment"
means -
(A) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more
of the following body systems: neurological,
musculoskeletal, special sense organs, respiratory
including  speech organs, cardiovascular, reproductive,
digestive, genito-urinary, hemic and lymphatic, skin,
and endocrine;
(B) Any mental or psychological disorder, such as
mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities.

     (ii) The term "physical or mental impairment"
includes, but is not limited to, such contagious or
noncontagious diseases and conditions as orthopedic,
visual, speech, and hearing impairments; cerebral
palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, mental
retardation, emotional illness, specific learning
disabilities, HIV disease, tuberculosis, drug addiction
and alcoholism.
     (iii) The phrase "physical or mental impairment"
does not include homosexuality or bisexuality.
     (2) The phrase "major life activities" means
functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working; or
     (3) The phrase "has a record of such an
impairment"  means has a history of, or has been
misclassified as having,  a mental or physical
impairment that substantially limits one or more major
life activities; or
     (4) The phrase "is regarded as having such an
impairment" means --
     (i) Has a physical or mental impairment that does
not substantially limit major life activities, but
which is treated by a public or private entity as
constituting such a limitation;    (ii) Has a physical
or mental impairment that substantially limits a major
life activity only as a result of the attitudes of
others toward such an impairment; or
     (iii) Has none of the impairments defined in
paragraph (1) of this definition but is treated by a
public or private entity as having such an impairment.
     (5) The term "disability" does not include --
     (i) Transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not
resulting from physical impairments, or other sexual
behavior disorders;
     (ii) Compulsive gambling, kleptomania, or
pyromania;
     (iii) Psychoactive substance abuse disorders
resulting from the current illegal use of drugs.
     "Facility" means all or any portion of buildings,
structures, sites, complexes, equipment, roads, walks,
passageways, parking lots, or other real or personal
property, including the site where the building, property,
structure, or equipment is located.
     "Fixed route system" means a system of transporting
individuals (other than by aircraft), including the
provision of designated public transportation service by
public entities and the provision of transportation service
by private entities, including, but not limited to,
specified public transportation service, on which a vehicle
is operated along a prescribed route according to a fixed
schedule.
     "High speed rail" means a rail service having the
characteristics of intercity rail service which operates
primarily on a dedicated guideway or track not used, for the
most part, by freight, including, but not limited to, trains
on welded rail, magnetically levitated (maglev) vehicles on
a special guideway, or other advanced technology vehicles,
designed to travel at speeds in excess of those possible on
other types of railroads.
     "Individual with a disability" means a person who has a
disability, but does not include an individual who is
currently engaging in the illegal use of drugs, when a
public or private entity acts on the basis of such use.
     "Intercity rail passenger car" means a rail car,
intended for use by revenue passengers, obtained by Amtrak
for use in intercity rail transportation.
     "Intercity rail transportation" means transportation
provided by the National Railroad Passenger Corporation
(Amtrak).
     "Light rail" means a streetcar-type vehicle operated on
city streets, semi-exclusive rights of way, or exclusive
rights of way.  Service may be provided by step-entry
vehicles or by level boarding.
     "New vehicle" means a vehicle which is offered for sale
or lease after manufacture without any prior use.
     "Operates" includes, with respect to a fixed route or
demand responsive system, the provision of transportation
service by a public or private entity itself or by a person
under a contractual or other arrangement or relationship
with the entity.
     "Over-the-road bus" means a bus characterized by an
elevated passenger deck located over a baggage compartment.
     "Paratransit" means comparable transportation service
required by the ADA for individuals with disabilities who
are unable to use fixed route transportation systems.
     "Private entity" means any entity other than a public
entity.
     "Public entity" means:
     (a) Any state or local government;
     (b) Any department, agency, special purpose
district,
or other instrumentality of one or more state or local
governments; and
     (c) The National Railroad Passenger Corporation
(Amtrak)
and any commuter authority.
     "Purchase or lease," with respect to vehicles, means
the time at which an entity is legally obligated to obtain
the vehicles, such as the time of contract execution.
     "Public school transportation" means transportation by
schoolbus vehicles of schoolchildren, personnel, and
equipment to and from a public elementary or secondary
school and school-related activities.
     "Rapid rail" means a subway-type transit vehicle
railway operated on exclusive private rights of way with
high level platform stations.  Rapid rail also may operate
on elevated or at grade level track separated from other
traffic.
     "Remanufactured vehicle" means a vehicle which has been
structurally restored and has had new or rebuilt major
components installed to extend its service life.
     "Secretary" means the Secretary of Transportation or
his/her designee.
     "Section 504" means section 504 of the Rehabilitation
Act of 1973 (Pub. L. 93-112, 87 Stat. 394, 29 U.S.C. 794),
as amended.
     "Service animal" means any guide dog, signal dog, or
other animal individually trained to work or perform tasks
for an individual with a disability, including, but not
limited to, guiding individuals with impaired vision,
alerting individuals with impaired hearing to intruders or
sounds, providing minimal protection or rescue work, pulling
a wheelchair, or fetching dropped items.
     "Solicitation" means the closing date for the
submission of bids or offers in a procurement.
     "Specified public transportation" means transportation
by bus, rail, or any other conveyance (other than aircraft)
provided by a private entity to the general public, with
general or special service (including charter service) on a
regular and continuing basis.
     "Station" means, with respect to intercity and commuter
rail transportation, the portion of a property located
appurtenant to a right of way on which intercity or commuter
rail transportation is operated, where such portion is used
by the general public and is related to the provision of
such transportation, including passenger platforms,
designated waiting areas, restrooms, and, where a public
entity providing rail transportation owns the property,
concession areas, to the extent that such public entity
exercises control over the selection, design, construction,
or alteration of the property, but this term does not
include flag stops (i.e., stations which are not regularly
scheduled stops but at which trains will stop board or
detrain passengers only on signal or advance notice).
     "Transit facility" means, for purposes of determining
the number of text telephones needed consistent with
10.3.1(12) of Appendix A to this Part, a physical structure
the primary function of which is to facilitate access to and
from a transportation system which has scheduled stops at
the structure.  The term does not include an open structure
or a physical structure the primary purpose of which is
other than providing transportation services.
     "UMT Act" means the Urban Mass Transportation Act of
1964, as amended (49 U.S.C. App. 1601 et seq.).
     "Used vehicle" means a vehicle with prior use.
     "Vanpool" means a voluntary commuter ridesharing
arrangement, using vans with a seating capacity greater than
7 persons (including the driver) or buses, which provides
transportation to a group of individuals traveling directly
from their homes to their regular places of work within the
same geographical area, and in which the commuter/driver
does not receive compensation beyond reimbursement for his
or her costs of providing the service.
     "Vehicle", as the term is applied to private entities,
does not include a rail passenger car, railroad locomotive,
railroad freight car, or railroad caboose, or other rail
rolling stock described in section 242 or Title III of the
Act.
     "Wheelchair" means a mobility aid belonging to any
class of three or four-wheeled devices, usable indoors,
designed for and used by individuals with mobility
impairments, whether operated manually or powered.  A
"common wheelchair" is such a device which does not exceed
30 inches in width and 48 inches in length measured two
inches above the ground, and does not weigh more than 600
pounds when occupied.

37.5  Nondiscrimination.
     (a) No entity shall discriminate against an individual
with a disability in connection with the provision of
transportation service.
     (b) Notwithstanding the provision of any special
transportation service to individuals with disabilities, an
entity shall not, on the basis of disability, deny to any
individual with a disability the opportunity to use the
entity's transportation service for the general public, if
the individual is capable of using that service.
     (c) An entity shall not require an individual with a
disability to use designated priority seats, if the
individual does not choose to use these seats.
     (d) An entity shall not impose special charges, not
authorized by this Part, on individuals with disabilities,
including individuals who use wheelchairs, for providing
services required by this Part or otherwise necessary to
accommodate them.
     (e) An entity shall not require that an individual with
disabilities be accompanied by an attendant.
     (f) Private entities that are primarily engaged in the
business of transporting people and whose operations affect
commerce shall not discriminate against any individual on
the basis of disability in the full and equal enjoyment of
specified transportation services.  This obligation
includes, with respect to the provision of transportation
services, compliance with the requirements of the rules of
the Department of Justice concerning eligibility criteria,
making reasonable modifications, providing auxiliary aids
and services, and removing barriers (28 CFR 36.301 --
36.306).
     (g)  An entity shall not refuse to serve an individual
with a disability or require anything contrary to this Part
because its insurance company conditions coverage or rates
on the absence of individuals with disabilities or
requirements contrary to this Part.
     (h) It is not discrimination under this Part for an
entity to refuse to provide service to an individual with
disabilities because that individual engages in violent,
seriously disruptive, or illegal conduct.  However, an
entity shall not refuse to provide service to an individual
with disabilities solely because the individual's disability
results in appearance or involuntary behavior that may
offend, annoy, or inconvenience employees of the entity or
other persons.

37.7.  Standards for accessible vehicles
     (a) For purposes of this Part, a vehicle shall be
considered to be readily accessible to and usable by
individuals with disabilities if it meets the requirements
of this Part and the standards set forth in Part 38 of this
title.
     (b) For purposes of implementing the equivalent
facilitation provision in 38.2 of this title, a
determination of compliance will be made by the
Administrator or the Federal Railroad Administrator, as
applicable, on a case-by-case basis.  An entity wishing to
employ equivalent facilitation in relation to a
specification of Part 38 of this title shall submit such a
request to UMTA or FRA, as applicable, and include the
following information:
          (1) Entity name, address, contact person and
telephone;
          (2) Specific provision of Part 38 with which the
entity is
     unable to comply;
          (3) Reasons for inability to comply;
          (4) Alternative method of compliance, with
demonstration of how the alternative meets or exceeds the
     level of accessibility or usability of the vehicle
provided in
     Part 38; and
          (5) Public participation used in developing
alternative
     method of compliance.and input from that participation.
     (c) Over-the-road buses acquired by public entities (or
by a contractor to a public entity as provided in 37.23 of
this part) shall comply with 38.23 and subpart G of part 38
of this title.

37.9  Standards for accessible transportation facilities.
      (a) For purposes of this Part, a transportation
facility shall be considered to be readily accessible to and
usable by individuals with disabilities if it meets the
requirements of this Part and the standards set forth in
Appendix A to this Part.
     (b) Facility alterations begun before January 26, 1992,
in a good faith effort to make a facility accessible to
individuals with disabilities may be used to meet the key
station requirements set forth in 37.47 and 37.51 of this
Part, even if these alterations are not consistent with the
standards set forth in Appendix A to this Part, if the
modifications complied with the Uniform Federal
Accessibility Standard (UFAS) or ANSI A117.1(1980)
(American National Standards Specification for Making
Buildings and Facilities Accessible to and Usable by, the
Physically Handicapped).  This paragraph applies only to
alterations of individual elements and spaces and only to
the extent that provisions covering those elements or spaces
are contained in UFAS or ANSI A117.1, as applicable.
     (d) Public entities shall ensure the construction of
new bus stop pads are in compliance with 10.2.1.(1) of
Appendix A to this Part, to the extent construction
specifications are within their control.
     (e) For purposes of implementing the equivalent
facilitation provision in section 2.2 of Appendix A to this
Part, a determination of compliance will be made by the
Administrator or the Federal Railroad Administrator, as
applicable, on a case-by-case basis.  An entity wishing to
employ equivalent facilitation in relation to a
specification of Appendix A to this Part shall submit such a
request to UMTA or FRA, as applicable, and include the
following information:
          (1) Entity name, address, contact person and telephone;
          (2) Specific provision of Appendix A with which the
              entity is unable to comply;
          (3) Reasons for inability to comply;
          (4) Alternative method of compliance, with
              demonstration of how the alternative meets or exceeds the
              level of accessibility or usability of the facility
              provided in Appendix A; and
          (5) Public participation used in developing alternative
              method of compliance.and input from that participation.

37.11    Administrative Enforcement.
     (a) Recipients of Federal financial assistance from the
Department of Transportation are subject to administrative
enforcement of the requirements of this Part under the
provisions of 49 CFR Part 27, Subpart B.
     (b) Public entities,whether or not they receive Federal
financial assistance, also are subject to enforcement action
as provided by the Department of Justice.
     (c) Private entities, whether or not they receive
Federal financial assistance, are also subject to
enforcement action as provided in the regulations of the
Department of Justice implementing Title III of the ADA (28
CFR Part 36).

37.13  Effective date for certain vehicle lift
specifications.
     The vehicle lift specifications identified in
38.23(b)(6) 38.83(b)(6), 38.95(b)(6), and 38.125(b) apply
to solicitations for vehicles under this Part after January
25, 1992.

37.15 - 37.19   [Reserved]

SUBPART  B    -     APPLICABILITY

37.21    Applicability - General
     (a) This Part applies to the following entities,
whether or not they receive Federal financial assistance
from the Department of Transportation:
     (1) Any public entity that provides designated
public transportation or intercity or commuter rail
transportation;
     (2) Any private entity that provides specified
public transportation; and
     (3) Any private entity that is not primarily
engaged in the business of transporting people but
operates a demand responsive or fixed route system.
     (b) For entities receiving Federal financial assistance
from the Department of Transportation, compliance with
applicable requirements of this Part is a condition of
compliance with section 504 of the Rehabilitation Act of
1973 and of receiving financial assistance.
     (c) Entities to which this Part applies also may be
subject to ADA regulations of the Department of Justice (28
CFR Parts 35 or 36, as applicable).  The provisions of this
Part shall be interpreted in a manner that will make them
consistent with applicable Department of Justice
regulations.  In any case of apparent inconsistency, the
provisions of this Part shall prevail.

37.23   Service under contract
     (a)  When a public entity enters into a contractual or
other arrangement or relationship with a private entity to
operate fixed route or demand responsive service, the public
entity shall ensure that the private entity meets the
requirements of this Part that would apply to the public
entity if the public entity itself provided the service.
     (b) A private entity which purchases or leases new,
used, or remanufactured vehicles, or remanufactures
vehicles, for use, or in contemplation of use, in fixed
route or demand responsive service under contract or other
arrangement or relationship with a public entity, shall
acquire accessible vehicles in all situations in which the
public entity itself would be required to do so by this
Part.
     (c) A public entity which enters into a contractual or
other arrangement or relationship with a private entity to
provide fixed route service shall ensure that the percentage
of accessible vehicles operated by the public entity in its
overall fixed route or demand responsive fleet is not
diminished as a result.
     (d) A private entity that provides fixed route or
demand responsive transportation service under contract or
other arrangement with another private entity shall be
governed, for purposes of the transportation service
involved, by the provisions of this Part applicable to the
other entity.

37.25     University transportation systems
     (a) Transportation services operated by private
institutions of higher education are subject to the
provisions of this Part governing private entities not
primarily engaged in the business of transporting people.
     (b) Transportation systems operated by public
institutions of higher education are subject to the
provisions of this Part.governing public entities.  If a
public institution of higher education operates a fixed
route system, the requirements of this Part governing
commuter bus service apply to that system.

37.27  Transportation for elementary and secondary
education systems
     (a) The requirements of this Part do not apply to
public school transportation.
     (b) The requirements of this Part do not apply to the
transportation of school children to and from a private
elementary or secondary school, and its school-related
activities, if the school is a recipient of Federal
financial assistance, subject to the provisions of section
504 of the Rehabilitation Act of 1973, and is providing
transportation service to students with disabilities
equivalent to that provided to students without
disabilities.   The test of equivalence is the same as that
provided in 37.105.  If the school does not meet the
criteria of this paragraph for exemption from the
requirements of this Part, it is subject to the requirements
of this Part for private entities not primarily engaged in
transporting people.

37.29     Private entities providing taxi service
     (a) Providers of taxi service are subject to the
requirements of this Part for private entities primarily
engaged in the business of transporting people which provide
demand responsive service.
     (b) Providers of taxi service are not required to
purchase or lease accessible automobiles.  When a provider
of taxi service purchases or leases a vehicle other than an
automobile, the vehicle is required to be accessible unless
the provider demonstrates equivalency as provided in 37.105
of this Part. A provider of taxi service is not required to
purchase vehicles other than automobiles in order to have a
number of accessible vehicles in its fleet.
     (c) Private entities providing taxi service shall not
discriminate against individuals with disabilities by
actions including, but not limited to, refusing to provide
service to individuals with disabilities who can use taxi
vehicles, refusing to assist with the stowing of mobility
devices, and charging higher fares or fees for carrying
individuals with disabilities and their equipment than are
charged to other persons.

37.31   Vanpools.
     Vanpool systems which are operated by public entities,
or in which public entities own or purchase or lease the
vehicles, are subject to the requirements of this Part for
demand responsive service for the general public operated by
public entities.   A vanpool system in this category is
deemed to be providing equivalent service to individuals
with disabilities if a vehicle that an individual with
disabilities can use is made available to and used by a
vanpool in which such an individual chooses to participate.

37.33    Airport transportation systems
     (a) Transportation systems operated by public airport
operators, which provide designated public transportation
and connect parking lots and terminals or provide
transportation among terminals, are subject to the
requirements of this Part for fixed route or demand
responsive systems, as applicable, operated by public
entities.  Public airports which operate fixed route
transportation systems are subject to the requirements of
this Part for commuter bus service operated by public
entities.  The provision by an airport of additional
accommodations (e.g., parking spaces in a close-in lot) is
not a substitute for meeting the requirements of this Part.
     (b) Fixed-route transportation systems operated by
public airport operators between the airport and a limited
number of destinations in the area it serves are subject to
the provisions of this Part for commuter bus systems
operated by public entities.
     (c) Private jitney or shuttle services that provide
transportation between an airport and destinations in the
area it serves in a route-deviation or other variable mode
are subject to the requirements of this Part for private
entities primarily engaged in the business of transporting
people which provide demand responsive service.  They may
meet equivalency requirements by such means as sharing or
pooling accessible vehicles among operators, in a way that
ensures the provision of equivalent service.

37.35   Supplemental service for other transportation
modes.
     (a) Transportation service provided by bus or other
vehicle by an intercity commuter or rail operator, as an
extension of or supplement to its rail service, and which
connects an intercity rail station and limited other points,
is subject to the requirements of this Part for fixed route
commuter bus service operated by a public entity.
     (b) Dedicated bus service to commuter rail systems,
with through ticketing arrangements and which is available
only to users of the commuter rail system, is subject to the
requirements of this Part for fixed route commuter bus
service operated by a public entity.

37.37   Other applications.
     (a) A private entity does not become subject to the
requirements of this Part for public entities, because it
receives an operating subsidy from, is regulated by, or is
granted a franchise or permit to operate by a public entity.
     (b) Shuttle systems and other transportation services
operated by privately-owned hotels, car rental agencies,
historical or theme parks, and other public accommodations
are subject to the requirements of this Part for private
entities not primarily engaged in the business of
transporting people.  Either the requirements for demand
responsive or fixed route service may apply, depending upon
the characteristics of each individual system of
transportation.
     (c) Conveyances used by members of the public primarily
for recreational purposes rather than for transportation
(e.g.,
amusement park rides, ski lifts, or historic rail cars or
trolleys operated in museum settings) are not subject to the
requirements of this Part.  Such conveyances are subject to
Department of Justice regulations implementing Title II or
Title III of the ADA, as applicable.
     (d) Transportation services provided by an employer
solely for its own employees are not subject to the
requirements of this Part.  Such services are subject to the
regulations of the Equal Employment Opportunity Commission
under Title I of the ADA and, with respect to public
entities, the regu
[Note from Bill McGarry -- lines missing from the original docuement
 on the DOJ BBS.]

specified public transportation service are subject to the
requirements of 37.107 with respect to the acquisition of
rail passenger cars.  Such systems are subject to the
requirements of the regulations of the Department of Justice
implementing Title III of the ADA (28 CFR Part 36) with
respect to stations and other facilities.

37.39  [Reserved]

SUBPART  C    -    TRANSPORTATION FACILITIES

37.41    Construction of transportation facilities by
public entities.
     A public entity shall construct any new facility to be
used in providing designated public transportation services
so that the facility is readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs. This requirement also applies to the
construction of a new station for use in intercity or
commuter rail transportation.  For purposes of this section,
a facility or station is "new" if its construction begins
(i.e., issuance of notice to proceed) after January 25,
1992, or, in the case of intercity or commuter rail
stations, after [Insert effective date of this Part]

37.43    Alteration of transportation facilities by public
entity.
     (a) (1) When a public entity alters an existing
facility or a
part of an existing facility used in providing
designated public transportation services in a way that
affects or could affect the usability of the facility
or part of the facility, the entity shall make the
alterations (or ensure that the alterations are made)
in such a manner, to the maximum extent feasible, that
the altered portions of the facility are readily
accessible to and usable by individuals with
disabilities, including individuals who use
wheelchairs, upon the completion of such alterations.
     (2) When a public entity undertakes an alteration
that affects or could affect the usability of or access
to an area of a facility containing a primary function,
the entity shall make the alteration in such a manner
that, to the maximum extent feasible, the path of
travel to the altered area and the bathrooms,
telephones, and drinking fountains serving the altered
area are readily accessible to and usable by
individuals with disabilities, including individuals
who use wheelchairs, upon completion of the
alterations.  Provided, that alterations to the path of
travel, drinking fountains, telephones and bathrooms
are not required to be made readily accessible to and
usable by individuals with disabilities, including
individuals who use wheelchairs, if the cost and scope
of doing so would be disproportionate.
     (3) The requirements of this paragraph also apply
to the alteration of existing intercity or commuter
rail stations by the responsible person for, owner of,
or person in control of the station.
     (4) The requirements of this section apply to any
alteration which begins (i.e., issuance of notice to
proceed or work order, as applicable) after January 25,
1992, or, in the case of intercity and commuter rail
stations, after [INSERT effective date of this
section.]
    (b) As used in this section, the phrase "to the maximum
extent feasible" applies to the occasional case where the
nature of an existing facility makes it impossible to
comply fully with applicable accessibility standards
through a planned alteration.  In these circumstances, the
entity shall provide the maximum physical accessibility
feasible.  Any altered features of the facility or portion
of the facility that can be made accessible shall be made
accessible.  If providing accessibility to certain
individuals with disabilities (e.g., those who use
wheelchairs) would not be feasible, the facility shall be
made accessible to individuals with other types of
disabilities (e.g., those who use crutches, those who have
impaired vision or hearing, or those who have other
impairments).
    (c) As used in this section, a "primary function" is a
major activity for which the facility is intended.  Areas
of transportation facilities that involve primary
functions include, but are not necessarily limited to,
ticket purchase and collection areas, passenger waiting
areas, train or bus platforms, baggage checking and return
areas and employment areas (except those involving
non-occupiable spaces accessed only by ladders, catwalks,
crawl spaces, vary narrow passageways, or freight
[non-passenger] elevators which are frequented only by
repair personnel).
     (d) As used in this section, a "path of travel"
includes a continuous, unobstructed way of pedestrian
passage by means of which the altered area may be
approached, entered, and exited, and which connects the
altered area with an exterior approach (including sidewalks,
parking areas, and streets), an entrance to the facility,
and other parts of the facility.  The term also includes the
restrooms, telephones, and drinking fountains serving the
altered area.  An accessible path of travel may include
walks and sidewalks, curb ramps and other interior or
exterior pedestrian ramps, clear floor paths through
corridors, waiting areas, concourses, and other improved
areas, parking access aisles, elevators and lifts, bridges,
tunnels, or other passageways between platforms, or a
combination of these and other elements.
(e) (1) Alterations made to provide an accessible path
of travel to the altered area will be deemed
disproportionate to the overall alteration when the
cost exceeds 20 percent of the cost of the alteration
to the primary function area (without regard to the
costs of accessibility modifications).
     (2) Costs that may be counted as expenditures
required to provide an accessible path of travel
include:
     (i) Costs associated with providing an
accessible entrance and an accessible route to the
altered area (e.g., widening doorways and
installing ramps);
     (ii) Costs associated with making restrooms
accessible (e.g., grab bars, enlarged toilet
stalls, accessible faucet controls);
     (iii) Costs associated with providing
accessible telephones (e.g., relocation of phones
to an accessible height, installation of
amplification devices or TDDs);
     (iv) Costs associated with relocating an
inaccessible drinking fountain.
(f) (1) When the cost of alterations necessary to make
a path
of travel to the altered area fully accessible is
disproportionate to the cost of the overall alteration,
then such areas shall be made accessible to the maximum
extent without resulting in disproportionate costs;
     (2) In this situation, the public entity should
give priority to accessible elements that will provide
the greatest access, in the following order:
     (i) An accessible entrance;
     (ii) An accessible route to the altered area;
     (iii) At least one accessible restroom for
each sex or a single unisex restroom (where there
are one or more restrooms);
     (iv) Accessible telephones;
     (v) Accessible drinking fountains;
     (vi) When possible, other accessible elements
(e.g., parking, storage, alarms).
    (g) If a public entity performs a series of small
alterations to the area served by a single path of travel
rather than making the alterations as part of a single
undertaking, it shall nonetheless be responsible for
providing an accessible path of travel.
(h)(1) If an area containing a primary function has
been altered without providing an accessible path of
travel to that area, and subsequent alterations of that
area, or a different area on the same path of travel,
are undertaken within three years of the original
alteration, the total cost of alteration to the primary
function areas on that path of travel during the
preceding three year period shall be considered in
determining whether the cost of making that path of
travel is disproportionate;
     (2) For the first three years after January 26,
1992, only alterations undertaken between that date and
the date of the alteration at issue shall be considered
in determining if the cost of providing accessible
features is disproportionate to the overall cost of the
alteration.
     (3) Only alterations undertaken after January 26,
1992, shall be considered in determining if the cost of
providing an accessible path of travel is
disproportionate to the overall cost of the alteration.

37.45    Construction and alteration of transportation
facilities by private entities.
     In constructing and altering transit facilities,
private entities shall comply with the regulations of the
Department of Justice implementing Title III of the ADA (28
CFR Part 36).

37.47    Key stations in light and rapid rail systems.
     (a) Each public entity that provides designated public
transportation by means of a light or rapid rail system
shall make key stations on its system readily accessible to
and usable by individuals with disabilities, including
individuals who use wheelchairs. This requirement is
separate from and in addition to requirements set forth in
37.43 of this Part.
     (b) Each public entity shall determine which stations
on its system are key stations.  The entity shall identify
key stations, using the planning and public participation
process set forth in  paragraph (d) of this section, and
taking into consideration the following criteria:
     (1) Stations where passenger boardings exceed
average station passenger boardings on the rail system
by at least fifteen percent, unless such a station is
close to another accessible station;
     (2) Transfer stations on a rail line or between
rail
lines;
     (3) Major interchange points with other
transportation modes, including stations connecting
with major parking facilities, bus terminals, intercity
or commuter rail stations, passenger vessel terminals,
or airports;
     (4) End stations, unless an end station is close
to another accessible station; and
     (5) Stations serving major activity centers, such
as employment or government centers, institutions of
higher education, hospitals or other major health care
facilities, or other facilities that are major trip
generators for individuals with disabilities.
     (c) (1) Unless the entity receives an extension
under paragraph (c)(2) of this section, the public
entity shall achieve accessibility of key stations as
soon as practicable, but in no case later than July 26,
1993.
          (2) The UMTA Administrator may grant an extension of
this completion date for key station accessibility for a period
up to July 26, 2020, provided that two-thirds of key
stations are made accessible by July 26, 2010.
Extensions may be
granted as provided in paragraph (e) of this section.
     (d) The public entity shall develop a plan for
compliance for this section.  The plan shall be submitted to
the appropriate UMTA regional office by July 26, 1992. (See
Appendix B to this part for list.)
     (1) The public entity shall consult with
individuals with disabilities affected by the plan.
The public entity also shall hold at least one public
hearing on the plan and solicit comments on it.  The
plan submitted to UMTA shall document this public
participation, including summaries of the consultation
with individuals with disabilities and the comments
received at the hearing and during the comment period.
The plan also shall summarize the public entity's
responses to the comments and consultation.
     (2) The plan shall establish milestones for the
achievement of required accessibility of key stations,
consistent with the requirements of this section.
     (e) A public entity wishing to apply for an extension
of the July 26, 1993, deadline for key station accessibility
shall include a request for an extension with its plan
submitted to UMTA under paragraph (d) of this section.
Extensions may be granted only with respect to key stations
which need extraordinarily expensive structural changes to,
or replacement of, existing facilities (e.g., installations
of elevators, raising the entire passenger platform, or
alterations of similar magnitude and cost).  Requests for
extensions shall provide for completion of key station
accessibility within the time limits set forth in paragraph
(c) of this section.   The UMTA Administrator may approve,
approve with conditions, modify, or disapprove any request
for an extension.

37.49    Designation of responsible person(s) for intercity
and commuter rail stations.
     (a) The responsible person(s) designated in accordance
with this section shall bear the legal and financial
responsibility for making a key station accessible in the
same proportion as determined under this section.
    (b) In the case of a station more than fifty percent of
which is owned by a public entity, the public entity is the
responsible party.
     (c) In the case of a station more than fifty percent of
which is owned by a private entity the persons providing
commuter or intercity rail service to the station are the
responsible parties, in a proportion equal to the percentage
of all passenger boardings at the station attributable to
the service of each, over the entire period during which the
station is made accessible.
     (d) In the case of a station of which no entity owns
more than fifty percent, the owners of the station (other
than private entity owners) and persons providing intercity
or commuter rail service to the station are the responsible
persons.
     (1) Half the responsibility for the station shall
be assumed by the owner(s) of the station.  The owners
shall share this responsibility in proportion to their
ownership interest in the station, over the period
during which the station is made accessible.
     (2) The person(s) providing commuter or intercity
rail service to the station shall assume the other half
of the responsibility.  These persons shall share this
responsibility for the station in a proportion equal to
the percentage of all passenger boardings at the
station attributable to the service of each, over the
period during which the station is made accessible.
     (e) Persons who must share responsibility for station
accessibility under paragraph (c) and (d) of this section
may, by agreement, allocate their responsibility in a manner
different from that provided in this section.

37.51    Key stations for commuter rail systems.
     (a) The responsible person(s) shall make key stations
on its system readily accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs. This requirement is separate from and in
addition to requirements set forth in 37.43 of this Part.
     (b)  Each commuter authority shall determine which
stations on its system are key stations.  The commuter
authority shall identify key stations, using the planning
and public participation process set forth in  paragraph (d)
of this section, and taking into consideration the following
criteria:
     (1) Stations where passenger boardings exceed
average station passenger boardings on the rail system
by at least fifteen percent, unless such a station is
close to another accessible station;
     (2) Transfer stations on a rail line or between
rail
lines;
     (3) Major interchange points with other
transportation modes, including stations connecting
with major parking facilities, bus terminals, intercity
or commuter rail stations, passenger vessel terminals,
or airports;
     (4) End stations, unless an end station is close
to another accessible station; and
     (5) Stations serving major activity centers, such
as employment or government centers, institutions of
higher education, hospitals or other major health care
facilities, or other facilities that are major trip
generators for individuals with disabilities.
     (c) (1) Except as provided in this paragraph, the
responsible person(s) shall achieve accessibility of
key stations as soon as practicable, but in no case
later than July 26, 1993.
          (2) The UMTA Administrator may grant an
extension of this deadline for key station
accessibility for a period up to July 26, 2010.
Extensions may be granted as provided in paragraph (e)
of this section.
     (d) The commuter authority and responsible person(s)
for stations involved shall develop a plan for compliance
for this section. This plan shall be completed and submitted
to UMTA by July 26, 1992.
     (1) The commuter authority and responsible
person(s) shall consult with individuals with
disabilities affected by the plan.  The commuter
authority and responsible person(s) also shall hold at
least one public hearing on the plan and solicit
comments on it.  The plan shall document this public
participation, including summaries of the consultation
with individuals with disabilities and the comments
received at the hearing and during the comment period.
The plan also shall summarize the responsible person(s)
responses to the comments and consultation.
     (2) The plan shall establish milestones for the
achievement of required accessibility of key stations,
consistent with the requirements of this section.
     (3) The commuter authority and responsible
person(s) of each key station identified in the plan
shall, by mutual agreement, designate a project manager
for the purpose of undertaking the work of making the
key station accessible.
     (e) Any commuter authority and/or responsible person(s)
wishing to apply for an extension of the July 26, 1993,
deadline for key station accessibility shall include a
requet for extension with its plan submitted to under
paragraph (d) of this section.  Extensions may be granted
only in a case where raising the entire passenger platform
is the only means available of attaining accessibility or
where other extraordinarily expensive structural changes
(e.g., installations of elevators, or alterations of
magnitude and cost similar to installing an elevator or
raising the entire passenger platform) are necessary to
attain accessibility.
Requests for extensions shall provide for completion of key
station accessibility within the time limits set forth in
paragraph (c) of this section.   The UMTA Administrator may
approve, approve with conditions, modify, or disapprove any
request for an extension.
37.53     Exception for New York and Philadelphia.
     (a) The following agreements entered into in New York,
New, York, and Philadelphia, Pennsylvania, contain lists of
key stations for the public entities that are a party to
those agreements for those service lines identified in the
agreements.  The identification of key stations under these
agreements is deemed to be in compliance with the
requirements of this Subpart.
     (1) Settlement Agreement by and among Eastern
Paralyzed Veterans Association, Inc., James J. Peters,
Terrance Moakley, and Denise Figueroa, individually and
as representatives of the class of all persons
similarly situated (collectively, "the EPVA class
representatives"); and Metropolitan Transportation
Authority, New York City Transit Authority, and
Manhattan and Bronx Surface Transit Operating Authority
(October 4, 1984).
     (2) Settlement Agreement by and between Eastern
Paralyzed Veterans Association of Pennsylvania, Inc.,
and James J. Peters, individually; and Dudley R. Sykes,
as Commissioner of the Philadelphia Department of
Public Property, and his successors in office and the
City of Philadelphia (collectively "the City") and
Southeastern Pennsylvania Transportation Authority
(June 28, 1989).
     (b) To comply with 37.47 (b) and (d) or 37.51 (b) and
(d) of this part,  the entities named in the agreements are
required to use their public participation and planning
processes only to develop and submit to the UMTA
Administrator plans for timely completion of key station
accessibility, as provided in this Subpart.
     (c) In making accessible the key stations identified
under the agreements cited in this section, the entities
named in the agreements are subject to the requirements of
37.9 of this Part.

37.55    Intercity rail station accessibility.
     All intercity rail stations shall be made readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as soon as
practicable, but in no event later than July 26, 2010. This
requirement is separate from and in addition to requirements
set forth in 37.43 of this Part.

37.57  Required cooperation.
     An owner or person in control of an intercity or
commuter rail station shall provide reasonable cooperation
to the responsible person(s) for that station with respect
to the efforts of the responsible person to comply with the
requirements of this subpart.

37.59    Differences in accessibility completion date
requirements.
     Where different completion dates for accessible
stations are established under this Part for a station or
portions of a station (e.g., extensions of different periods
of time for a station which serves both rapid and commuter
rail systems), accessibility to the following elements of
the station shall be achieved by the earlier of the
completion dates involved:
     (a) Common elements of the station;
     (b) Portions of the facility directly serving the rail
system with the earlier completion date; and
     (c) An accessible path from common elements of the
station to portions of the facility directly serving the
rail system with the earlier completion date.

37.61     Public transportation programs and activities in
existing facilities.
     (a) A public entity shall operate a designated public
transportation program or activity conducted in an existing
facility so that, when viewed in its entirety, the program
or activity is readily accessible to and usable by
individuals with disabilities.
     (b) This section does not require a public entity to
make structural changes to existing facilities in order to
make the facilities accessible by individuals who use
wheelchairs, unless and to the extent required by 37.43
(with respect to alterations) or 37.47 or 37.51 of this
part (with respect to key stations).   Entities shall comply
with other applicable accessibility requirements for such
facilities.
     (c) Public entities, with respect to facilities that,
as provided in paragraph (b) of this section, are not
required to be made accessible to individuals who use
wheelchairs, are not required to provide to such individuals
services made available to the general public at such
facilities when the individuals could not utilize or benefit
from the services.

37.63 - 37.69 [Reserved]

SUBPART  D -  ACQUISITION OF ACCESSIBLE VEHICLES BY PUBLIC
ENTITIES.

37.71    Purchase or lease of new non-rail vehicles by
public entities  operating fixed route systems.
     (a) Except as provided elsewhere in this section, each
public entity operating a fixed route system making a
solicitation after August 25, 1990, to purchase or lease a
new bus or other new 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 new bus
that is not readily accessible to and usable by individuals
with disabilities, including individuals who use
wheelchairs, if it applies for, and the UMTA Administrator
grants, a waiver as provided for in this section.
     (c) Before submitting a request for such a waiver, the
public entity shall hold at least one public hearing
concerning the proposed request.
     (d) The UMTA Administrator may grant a request for such
a waiver if the public entity demonstrates to the UMTA
Administrator's satisfaction that --
     (1) The initial solicitation for new buses made by
the public entity specified that all new buses were to
be lift-equipped and were to be otherwise accessible to
and usable by individuals with disabilities;
     (2) Hydraulic, electromechanical, or other lifts
for such new buses could not be provided by any
qualified lift manufacturer to the manufacturer of such
new buses in sufficient time to comply with the
solicitation; and
     (3) Any further delay in purchasing new buses
equipped with such necessary lifts would significantly
impair transportation services in the community served
by the public entity.
     (e) The public entity shall include with its waiver
request a copy of the initial solicitation and written
documentation from the bus manufacturer of its good faith
efforts to obtain lifts in time to comply with the
solicitation, and a full justification for the assertion
that the delay in bus procurement needed to obtain a
lift-equipped bus would significantly impair transportation
services in the community.  This documentation shall include
a specific date at which the lifts could be supplied, copies
of advertisements in trade publications and inquiries to
trade associations seeking lifts, and documentation of the
public hearing.
     (f) Any waiver granted by the UMTA Administrator under
this section shall be subject to the following conditions:
     (1) The waiver shall apply only to the particular
bus delivery to which the waiver request pertains;
     (2) The waiver shall include a termination date,
which will be based on information concerning when
lifts will become available for installation on the new
buses the public entity is purchasing.  Buses delivered
after this date, even though procured under a
solicitation to which a waiver applied, shall be
equipped with lifts;
     (3) Any bus obtained subject to the waiver shall
be capable of accepting a lift, and the public entity
shall install a lift as soon as soon as one becomes
available;
     (4) Such other terms and conditions as the UMTA
Administrator may impose.
     (g) (1) When the UMTA Administrator grants a waiver
under
     this section, he/she shall promptly notify the
appropriate
     committees of Congress.
(2) If the UMTA Administrator has reasonable cause to
believe that a public entity fraudulently applied for a
waiver under this section, the UMTA Administrator
shall:
     (i) Cancel the waiver if it is still in effect;
and
     (ii) Take other appropriate action.

37.73    Purchase or lease of used non-rail vehicles by
public entities operating a fixed route system.
     (a) Except as provided elsewhere in this section, each
public entity operating a fixed route system purchasing or
leasing, after August 25, 1990, a used bus or other used
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
vehicle for use on its fixed route system that is not
readily accessible to and usable by individuals with
disabilities if, after making demonstrated good faith
efforts to obtain an accessible vehicle, it is unable to do
so.
     (c) Good faith efforts shall include at least the
following steps:
     (1) An initial solicitation for used vehicles
specifying that all used vehicles are to be
lift-equipped and otherwise accessible to and usable by
individuals with disabilities, or, if an initial
solicitation is not used, a documented communication so
stating;
     (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) Each public entity purchasing or leasing used
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 three years from
the date the vehicles were purchased.  These records shall
be made available, on request, to the UMTA Administrator and
the public.

37.75    Remanufacture of non-rail vehicles and purchase or
lease of remanufactured non-rail vehicles by public entities
operating fixed route systems.
     (a) This section applies to any public entity operating
a fixed route system which takes one of the following
actions:
     (1) After August 25, 1990, remanufactures a bus or
other vehicle so as to extend its useful life for five
years or more or makes a solicitation for such
remanufacturing; or
     (2) Purchases or leases a bus or other 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.
     (c) For purposes of this section, it shall be
considered feasible to remanufacture a bus or other motor
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 including accessibility features  required by this part
would have a significant adverse effect on the structural
integrity of the vehicle.
     (d) If a public entity operates a fixed route system,
any segment of which is included on the National Register of
Historic Places, and if making a 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 has only to make (or purchase or lease a
remanufactured vehicle with) those modifications to make the
vehicle accessible which do not alter the historic character
of such vehicle, in consultation with the National Register
of Historic Places.
     (e) 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 refer such requests to the National Register of
Historic Places, and shall rely on its advice in making
determinations of the historic character of the vehicle.

37.77    Purchase or lease of new non-rail vehicles by
public entities operating a demand responsive system for the
general public.
     (a) Except as provided in this section, a public entity
operating a demand responsive system for the general public
making a solicitation after August 25, 1990, to purchase or
lease a new bus or other new 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) If the system, when viewed in its entirety,
provides a level of service to individuals with
disabilities, including individuals who use wheelchairs,
equivalent to the level of service it provides to
individuals without disabilities, it may purchase new
vehicles that are not readily accessible to and usable by
individuals with disabilities.
     (c) For purposes of this section, a demand responsive
system, when viewed in its entirety, shall be deemed to
provide equivalent service if the service available to
individuals with disabilities, including individuals who use
wheelchairs, is provided in the most integrated setting
appropriate to the needs of the individual and is equivalent
to the service provided other individuals with respect to
the following service characteristics:
     (1) Response time;
     (2) Fares;
     (3) Geographic area of service;
     (4) Hours and days of service;
     (5) Restrictions or priorities based on trip
purpose;
     (6) Availability of information and reservations
         capability; and
     (7) Any constraints on capacity or service
availability.
     (d) A public entity receiving UMTA funds under section
18 or a public entity in a small urbanized area which
receives UMTA funds under Section 9 from a state
administering agency rather than directly from UMTA, which
determines that its service to individuals with disabilities
is equivalent to that provided other persons shall, before
any procurement of an inaccessible vehicle, file with the
appropriate state program office a certificate that it
provides equivalent service meeting the standards of
paragraph (c) of this section.  Public entities operating
demand responsive service receiving funds under any other
section of the UMT Act shall file the certificate with the
appropriate UMTA regional office. A public entity which does
not receive UMTA funds shall make such a certificate and
retain it in its files, subject to inspection on request of
UMTA.  All certificates under this paragraph may be made and
filed in connection with a particular procurement or in
advance of a procurement; however, no certificate shall be
valid for more than one year.  A copy of the required
certificate is found in  Appendix C to this Part.
     (e) The waiver mechanism set forth in 37.71(b)-(g)
(unavailability of lifts) of this Subpart shall also be
available to public entities operating a demand responsive
system for the general public.

37.79    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.

37.81      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, after making demonstrated good faith efforts
to obtain an accessible vehicle, it is unable to do so.
     (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, or, if a solicitation is
not used, a documented communication so stating;
     (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
three years from the date the vehicles were purchased.
These records shall be made available, on request, to the
UMTA Administrator and the public.

37.83      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.
(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) 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 refer such requests to the National Register of
Historic Places and shall rely on its advice in making a
determination of the historic character of the vehicle.

37.85      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.

37.87     Purchase or lease of used intercity and commuter
rail cars.
     (a) 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.
     (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, after
making demonstrated good faith efforts to obtain an
accessible vehicle, it is unable to do so.
     (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 three years from the date
the cars were purchased.  These records shall be made
available, on request, to the Federal Railroad
Administration or UMTA Administrator, as applicable.  These
records shall be made available to the public, on request.

37.89    Remanufacture of intercity and commuter 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 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.
     (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 remanufacturing the car to be
accessible would have a significant adverse effect on the
structural integrity of the car.

37.91    Wheelchair locations and food service on intercity
rail trains.
     (a) As soon as practicable, but in no event later than
July 26, 1995, each person providing intercity rail service
shall provide on each train a number of spaces --
     (1) To park wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs)
equal to not less than one half of the number of single
level rail passenger coaches in the train; and
     (2) To fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal
to not less than one half the number of single level
rail passenger coaches in the train.
     (b) As soon as practicable, but in no event later than
July 26, 2000, each person providing intercity rail service
shall provide on each train a number of spaces -
     (1) To park wheelchairs (to accommodate
individuals who wish to remain in their wheelchairs)
equal to not less than the total number of single level
rail passenger coaches in the train; and
     (2) To fold and store wheelchairs (to accommodate
individuals who wish to transfer to coach seats) equal
to not less than the total number of single level rail
passenger coaches in the train.
       (c) In complying with paragraphs (a) and (b) of this
section, a person providing intercity rail service may not
provide more than two spaces to park wheelchairs nor more
than two spaces to fold and store wheelchairs in any one
coach or food service car.
     (d) Unless not practicable, a person providing
intercity rail transportation shall place an accessible car
adjacent to the end of a single level dining car through
which an individual who uses a wheelchair may enter.
       (e) On any train in which either a single level or
bi-level dining car is used to provide food service, a
person providing intercity rail service shall provide
appropriate aids and services to ensure that equivalent
food service is available to individuals with
disabilities, including individuals who use wheelchairs,
and to passengers traveling with such individuals.
Appropriate auxiliary aids and services include providing
a hard surface on which to eat.
      (f) This section does not require the provision of
securement devices on intercity rail cars.

37.93    One car per train rule.
     (a) The definition of accessible for purposes of
meeting the one car per train rule is spelled out in the
applicable subpart for each transportation system type in
part 38 of this title.
     (b) Each person providing intercity rail service and
each commuter rail authority shall ensure that, as soon as
practicable, but in no event later than July 26, 1995, that
each train has one car that is readily accessible to and
usable by individuals with disabilities, including
individuals who use wheelchairs.
     (c) Each public entity providing light or rapid rail
service shall ensure that each train, consisting of two or
more vehicles, includes at least one car that is readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, as soon as
practicable but in no case later than July 25, 1995.

37.95    Ferries and other passenger vessels operated by
public entities. [Reserved]

37.97 - 37.99  [Reserved]

SUBPART E  - ACQUISITION OF ACCESSIBLE VEHICLES BY PRIVATE
ENTITIES.

37.101   Purchase or lease of vehicles by private entities
not primarily engaged in the business of transporting
people.
     (a) Application.  This section applies to all purchases
or leases of vehicles by private entities which are not
primarily engaged in the business of transporting people, in
which a solicitation for the vehicle is made after August
25, 1990.
     (b) Fixed Route System, Vehicle Capacity Over 16   If
the entity operates a fixed route system and purchases or
leases a vehicle with a seating capacity of over 16
passengers (including the driver) for use on the system, it
shall ensure that the vehicle is readily accessible to and
usable by individuals with disabilities, including
individuals who use wheelchairs.
     (c) Fixed Route System, Vehicle Capacity of 16 or
Fewer.    If the entity operates a fixed route system and
purchases or leases a vehicle with a seating capacity of 16
or fewer passengers (including the driver) for use on the
system, it shall ensure that the vehicle is readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, unless the
system, when viewed in its entirety, meets the standard for
equivalent service of 37.105 of this Part.
     (d) Demand Responsive System, Vehicle Capacity Over 16.
If the entity operates a demand responsive system, and
purchases or leases a vehicle with a seating capacity of
over 16 passengers (including the driver) for use on the
system, it shall ensure that the vehicle is readily
accessible to and usable by individuals with disabilities,
including individuals who use wheelchairs, unless the
system, when viewed in its entirety, meets the standard for
equivalent service of 37.105 of this Part.

37.103        Purchase or lease of new non-rail vehicles by
private entities primarily engaged in the business of
transporting people.
     (a) Application.  This section applies to all
acquisitions of new vehicles by private entities which are
primarily engaged in the business of transporting people and
whose operations affect commerce, in which a solicitation
for the vehicle is made (except as provided in paragraph (d)
of this section) after August 25, 1990.
     (b) Fixed Route Systems.   If the entity operates a
fixed route system, and purchases or leases a new vehicle
other than an automobile, a van with a seating capacity of
less than eight persons (including the driver), or an
over-the-road bus, it shall ensure that the vehicle is
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs.
     (c) Demand Responsive Systems.  If the entity operates
a demand responsive system, and purchases or leases a new
vehicle other than an automobile, a van with a seating
capacity of less than eight persons (including the driver),
or an over-the-road bus, it shall ensure that the vehicle is
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs,
unless the system, when viewed in its entirety, meets the
standard for equivalent service of 37.105 of this Part.
     (d) Vans with a Capacity of Fewer than 8 Persons:  If
the entity operates either a fixed route or demand
responsive system, and purchases or leases a new van with a
seating capacity of fewer than eight persons including the
driver (the solicitation for the vehicle being made after
February 25, 1992), the entity shall ensure that the vehicle
is readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs,
unless the system, when viewed in its entirety, meets the
standard for equivalent service of 37.105 of this Part.

37.105   Equivalent service standard.
    For purposes of 37.101 and 37.103 of this Part, a
fixed route system or demand responsive system, when viewed
in its entirety, shall be deemed to provide equivalent
service if the service available to individuals with
disabilities, including individuals who use wheelchairs, is
provided in the most integrated setting appropriate to the
needs of the individual and is equivalent to the service
provided other individuals with respect to the following
service characteristics:
(a)  (1) Schedules/headways (if the system is fixed route);
     (2) Response time (if the system is demand responsive);
(b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
     (e) Availability of information;
     (f) Reservations capability (if the system is
     demand responsive)
     (g) Any constraints on capacity or service availability;
     (h) Restrictions priorities based on trip purpose (if
         the system is demand responsive).

37.107   Acquisition of passenger rail cars by private
entities primarily engaged in the business of transporting
people.
     (a) A private entity which is primarily engaged in the
business of transporting people and whose operations affect
commerce, which makes a solicitation after February 25,
1992, to purchase  or lease a new rail passenger car to be
used in providing specified public transportation, shall
ensure that the car is readily accessible to, and usable by,
individuals with disabilities, including individuals who use
wheelchairs.  The accessibility standards in Part 38 which
apply depend upon the type of service in which the car will
be used.
     (b) Except as provided in paragraph (c) 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.
     (c) Compliance with paragraph (b) 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.

37.109   Ferries and other Passenger vessels.operated by
private entities.  [Reserved]

37.111 - 37.119 [Reserved]

SUBPART  F     PARATRANSIT AS A COMPLEMENT TO FIXED

ROUTE SERVICE

37.121    Requirement for comparable complementary
paratransit service.
     (a) Except as provided in paragraph (c) of this
section, each public entity operating a fixed route system
shall provide paratransit or other special service to
individuals with disabilities that is comparable to the
level of service provided to individuals without
disabilities who use the fixed route system.
     (b) To be deemed comparable to fixed route service, a
complementary paratransit system shall meet the requirements
of 37.123 - 37.133 of this Subpart.   The requirement to
comply with 37.131 may be modified in accordance with the
provisions of this Subpart relating to undue financial
burden.
     (c) Requirements for complementary paratransit do not
apply to commuter bus, commuter rail, or intercity rail
systems.

37.123     ADA paratransit eligibility - standards.
    (a) Public entities required by 37.121 of this subpart
to provide complementary paratransit service shall provide
the service to the ADA paratransit eligible individuals
described in paragraph (e) of this section.
    (b) If an individual meets the eligibility criteria of
this section with respect to some trips but not others, the
individual shall be ADA paratransit eligible only for those
trips for which he or she meets the criteria.
    (c) Individuals may be ADA paratransit eligible on the
basis of a permanent or temporary disability.
    (d) Public entities may provide complementary
paratransit service to persons other than ADA paratransit
eligible individuals.  However, only the cost of service to
ADA paratransit eligible individuals may be considered in a
public entity's request for an undue financial burden
waiver under 37.151 - 37.155 of this part.     (e) The
following individuals are ADA paratransit eligible:
     (1)  Any individual with a disability who is
unable, as the result of a physical or mental
impairment (including a vision impairment), and
without the assistance of another individual (except
the operator of a wheelchair lift or other boarding
assistance device), to board, ride, or disembark from
any vehicle on the system which is readily accessible
to and usable by individuals with disabilities.
      (2)  Any individual with a disability who needs
the assistance of a wheelchair lift or other boarding
assistance device and is able, with such assistance, to
board, ride and disembark from any vehicle which is
readily accessible to and usable by individuals with
disabilities if the individual wants to travel on a
route on the system during the hours of operation of
the system at a time, or within a reasonable period of
such time, when such a vehicle is not being used to
provide designated public transportation on the route.
     (i) An individual is eligible under this
paragraph with respect to travel on an otherwise
accessible route on which the boarding or
disembarking location which the individual would
use is one at which boarding or disembarking from
the vehicle is precluded as provided in 37.167(g)
of this Part.
     (ii) An individual using a common wheelchair
is eligible under this paragraph if the
individual's wheelchair cannot be accommodated on
an existing vehicle (e.g., because the vehicle's
lift does not meet the standards of Part 38 of
this title), even if that vehicle is accessible to
other individuals with disabilities and their
mobility wheelchairs.
     (iii) With respect to rail systems, an
individual is eligible under this paragraph if the
individual could use an accessible rail system,
but
     (A) there is not yet one accessible car
per train on the system; or
     (B) key stations have not yet been made
accessible.
     (3) Any individual with a disability who has a
specific impairment-related condition which prevents
such individual from traveling to a boarding location
or from a disembarking location on such system.
     (i) Only a specific impairment-related
condition which prevents the individual from
traveling to a boarding location or from a
disembarking location is a basis for eligibility
under this paragraph.  A condition which makes
traveling to boarding location or from a
disembarking location more difficult for a person
with a specific impairment-related condition than
for an individual who does not have the condition,
but does not prevent the travel, is not a basis
for eligibility under this paragraph.
     (ii) Architectural barriers not under the
control of the public entity providing fixed route
service and environmental barriers (e.g.,
distance, terrain,
weather) do not, standing alone, form a basis for
eligibility under this paragraph.  The interaction
of such barriers with an individual's specific
impairment-related condition may form a basis for
eligibility under this paragraph, if the effect is
to prevent the individual from traveling to a
boarding location or from a disembarking location.

     (f) Individuals accompanying an ADA paratransit
eligible individual shall be provided service as follows:
    (1) One other individual accompanying the ADA
paratransit eligible individual shall be provided
service.
     (i) If the ADA paratransit eligible
individual is traveling with a  personal care
attendant, the entity shall provide service to one
other individual in addition to the attendant who
is accompanying the eligible individual.
     (ii) A family member or friend is regarded as
a person accompanying the eligible individual, and
not as a personal care attendant, unless the
family member or friend registered is acting in
the capacity of a personal care attendant;
      (2) Additional individuals accompanying the ADA
paratransit eligible individual shall be provided
service, provided that space is available for them on
the paratransit vehicle carrying the ADA paratransit
eligible individual and that transportation of the
additional individuals will not result in a denial of
service to ADA paratransit eligible individuals.
      (3) In order to be considered as "accompanying"
the eligible individual for purposes of this paragraph,
the other individual(s) shall have the same origin and
destination as the eligible individual.

37.125       ADA paratransit eligibility - process.
    Each public entity required to provide complementary
paratransit service by 37.121 of this Part shall establish
a process for determining ADA paratransit eligibility.
    (a) The process shall strictly limit ADA paratransit
eligibility to individuals specified in 37.123 of this
Part.
     (b) All information about the process, materials
necessary to apply for eligibility, and notices and
determinations concerning eligibility shall be made
available in accessible formats, upon request.
     (c) If, by a date 21 days following the submission of a
complete application, the entity has not made a
determination of eligibility, the applicant shall be treated
as eligible and provided service until and unless the entity
denies the application.
     (d) The entity's determination concerning eligibility
shall be in writing. If the determination is that the
individual is ineligible, the determination shall state the
reasons for the finding.
    (e) The public entity shall provide documentation to
each eligible individual stating that he or she is "ADA
Paratransit Eligible." The documentation shall include the
name of the eligible individual, the name of the transit
provider, the telephone number of the entity's paratransit
coordinator, an expiration date for eligibility, and any
conditions or limitations on the individual's eligibility
including the use of a personal care attendant.
     (f) The entity may require recertification of the
eligibility of ADA paratransit eligible individuals at
reasonable intervals.
    (g) The entity shall establish an administrative appeal
process through which individuals who are denied
eligibility can obtain review of the denial.
     (1) The entity may require that an appeal be filed
within 60 days of the denial of an individual's
application.
     (2) The process shall include an opportunity to be
heard and to present information and arguments,
separation of functions (i.e., a decision by a person
not involved with the
initial decision to deny eligibility), and written
notification of the decision, and the reasons for it;
     (3) The entity is not required to provide
paratransit service to the individual pending the
determination on appeal.  However, if the entity has
not made a decision within 30 days of the completion of
the appeal process, the entity shall provide
paratransit service from that time until and unless a
decision to deny the appeal is issued.
    (h) The entity may establish an administrative process
to suspend, for a reasonable period of time, the provision
of complementary paratransit service to ADA eligible
individuals who establish a pattern or practice of missing
scheduled trips.
     (1) Trips missed by the individual for reasons
beyond his or her control (including, but not limited
to, trips which are missed due to operator error) shall
not be a basis for determining that such a pattern or
practice exists.
     (2) Before suspending service, the entity shall
take the following steps:
     (i) Notify the individual in writing that the
entity proposes to suspend service, citing with
specificity the basis of the proposed suspension
and setting forth the proposed sanction.
     (ii) Provide the individual an opportunity to
be heard and to present information and arguments;
     (iii) Provide the individual with written
notification of the decision and the reasons for
it.
     (3) The appeals process of paragraph (g) of this
section is available to an individual on whom sanctions
have been imposed under this paragraph.  The sanction
is stayed pending the outcome of the appeal.
     (i) In applications for ADA paratransit eligibility,
the entity may require the applicant to indicate whether or
not he or she travels with a personal care attendant.

37.127       Complementary paratransit service for
visitors.
    (a) Each public entity required to provide
complementary paratransit service under 37.121 of this
part shall make the service available to visitors as
provided in this section.
    (b) For purposes of this section, a visitor is an
individual with disabilities who does not reside in the
jurisdiction(s) served by the public entity or other
entities with which the public entity provides coordinated
complementary paratransit service within a region.
     (c) Each public entity shall treat as eligible for its
complementary paratransit service all visitors who present
documentation that they are ADA paratransit eligible, under
the criteria of 37.125 of this Part, in the jurisdiction in
which they reside.
     (d) With respect to visitors with disabilities who do
not present such documentation, the public entity may
require the documentation of the individual's place of
residence and, if the individual's disability is not
apparent, of his or her disability.   The entity shall
provide paratransit service to individuals with disabilities
who qualify as visitors under paragraph (b) of this section.
The entity shall accept a certification by such individuals
that they are unable to use fixed route transit.
    (e) A public entity is not required to provide service
to a visitor for more than 21 days from the date of the
first paratransit trip used by the visitor.  The entity may
require that such an individual, in order to receive
service beyond this period, apply for eligibility under the
process provided for in 37.125 of this part.

37.129     Types of service
     (a) Except as provided in this section, complementary
paratransit service for ADA paratransit eligible persons
shall be origin-to-destination service.
     (b) Complementary paratransit service for ADA
paratransit eligible persons described in 37.123(e)(2) of
this part may also be provided by on-call bus service or
paratransit feeder service to an accessible fixed route,
where such service enables the individual to use the fixed
route bus system for his or her trip.
    (c) Complementary paratransit service for ADA eligible
persons described in 37.123 (e)(3) of this part also may be
provided by paratransit feeder service to and/or from an
accessible fixed route.

37.131    Service criteria for complementary paratransit.
    The following service criteria apply to complementary
paratransit required by 37.121 of this part.
    (a) Service Area.
     (1) Bus.
     (i) The entity shall provide complementary
paratransit service to origins and destinations
within corridors with a width of three-fourths of
a mile on each side of each fixed route.  The
corridor shall include an area with a
three-fourths of a mile radius at the ends of each
fixed route.
     (ii) Within the core service area, the entity
also shall provide service to small areas not
inside any of the corridors but which are
surrounded by corridors.
     (iii) Outside the core service area, the
entity may designate corridors with widths from
three fourths of a mile up to one and one half
miles on each side of a fixed route, based on
local circumstances.
     (iv) For purposes of this paragraph, the core
service area is that area in which corridors with
a width of three-fourths of a mile on each side of
each fixed route merge together such that, with
few and small exceptions, all origins and
destinations within the area would be served.
(2) Rail
     (i) For rail systems, the service area shall
consist of a circle with a radius of 3/4 of a mile
around each station.
     (ii) At end stations and other stations in
outlying areas, the entity may designate circles
with radii of up to 1 1/2 miles as part of its
service area, based on local circumstances.
     (3) Jurisdictional Boundaries.  Notwithstanding
any other provision of this paragraph, an entity is not
required to provide paratransit service in an area
outside the boundaries of the jurisdiction(s) in which
it operates, if the entity does not have legal
authority to operate in that area.  The entity shall
take all practicable steps to provide paratransit
service to any part of its service area.
    (c) Response Time.  The entity shall schedule and
provide paratransit service to any ADA paratransit eligible
person at any requested time on a particular day in
response to a request for service made the previous day.
Reservations may be taken by reservation agents or by
mechanical means.
     (1) The entity shall make reservation service
available during at least all normal business hours of
the entity's administrative offices, as well as during
times, comparable to normal business hours, on a day
when the entity's offices are not open.before a service
day.
     (2) The entity may negotiate pickup times with the
individual, but the entity shall not require an ADA
paratransit eligible individual to schedule a trip to
begin more than one hour before or after the
individual's desired departure time.
     (3) The entity may use real-time scheduling in
providing complementary paratransit service.
     (4) The entity shall permit advance reservations
to be made up to 14 days in advance of an ADA
paratransit eligible individual's desired trip.
    (d)  Fares.  The fare for a trip charged to an ADA
paratransit eligible user of the complementary paratransit
service shall not exceed twice the fare that would be
charged to an individual paying full fare (i.e., without
regard to discounts) for a trip of similar length, at a
similar time of day, on the entity's fixed route system.
     (1) In calculating the full fare that would be
paid by an individual using the fixed route system, the
entity may include transfer and premium charges
applicable to a trip of similar length, at a similar
time of day, on the fixed route system.
     (2) The fares for individuals accompanying ADA
paratransit eligible individuals, who are provided
service under 37.123 (f) of this part, shall be the
same as for the ADA paratransit eligible individuals
they are accompanying.
     (3) A personal care attendant shall not be charged
for complementary paratransit service.
     (4) The entity may charge a fare higher than
otherwise permitted by this paragraph to a social
service agency or other organization for agency trips
(i.e., trips guaranteed to the organization).
    (f) Trip Purpose Restrictions.  The entity shall not
impose restrictions or priorities based on trip purpose.
     (g) Hours and Days of Service.  The complementary
paratransit service shall be available throughout the same
hours and days as the entity's fixed route service.
     (h) Capacity Constraints.  The entity shall not limit
the availability of complementary paratransit service to ADA
paratransit eligible individuals by any of the following:
     (1) Restrictions on the number of trips an
individual will be provided;
     (2) Waiting lists for access to the service; or
     (3) Any operational pattern or practice that
significantly limits the availability of service to ADA
paratransit eligible persons.
          (i) Such patterns or practices include, but
are not
          limited to, the following:
     (A) Substantial numbers of significantly
untimely pickups for initial or return trips;
     (B) Substantial numbers of trip denials
or missed trips;
     (C) Substantial numbers of trips with
excessive trip lengths.
     (ii) Operational problems attributable to
causes beyond the control of the entity
(including, but not limited to, weather or traffic
conditions affecting all vehicular traffic that
were not anticipated at the time a trip was
scheduled) shall not be a basis for determining
that such a pattern or practice exists.
    (i) Additional Service.  Public entities may provide
complementary paratransit service to ADA paratransit
eligible individuals exceeding that provided for in this
section.  However, only the cost of service provided for in
this section may be considered in a public entity's request
for an undue financial burden waiver under 37.151 -
37.155 of this Part.

37.133     Subscription Service.
     (a) This part does not prohibit the use of subscription
service by public entities as part of a complementary
paratransit system, subject to the limitations in this
section.
     (b) Subscription service may not absorb more than fifty
percent of the number of trips available at a given time of
day, unless there is excess non-subscription capacity.
     (c)  Notwithstanding any other provision of this Part,
the entity may establish waiting lists or other capacity
constraints and trip purpose restrictions or priorities for
participation in the subscription service only.

37.135 Submission of paratransit plan.
     (a) General.  Each public entity operating fixed route
transportation service, which is required by 37.121 to
provide complementary paratransit service, shall develop a
paratransit plan.
     (b) Initial Submission.  Except as provided in 37.141
of this part, each entity shall submit its initial plan for
compliance with the complementary paratransit service
provision by January 26, 1992, to the appropriate location
identified in paragraph (f) of this section.
     (c) Annual Updates.  Each entity shall submit an annual
update to the plan on January 26 of each succeeding year.
     (d) Phase-in of Implementation.  Each plan shall
provide for full compliance by no later than January 26,
1997, unless the entity has received a waiver based on undue
financial burden.  If the date for full compliance specified
in the plan is after January 26, 1993, the plan shall
include milestones, providing for measured, proportional
progress toward full compliance.
     (e) Plan Implementation.  Each entity shall begin
implementation of its plan on January 26, 1992.
     (f) Submission Locations.  An entity shall submit its
plan to one of the following offices, as appropriate:
      (1) The individual state administering agency, if
it is --
     (i) A section 18 recipient;
     (ii) A small urbanized area recipient of
section 9 funds administered by the State.
     (iii) A participant in a coordinated plan, in
which all of the participating entities are
eligible to submation in the development of its plan by
[Note from Bill McGarry: Text missing from original DOJ BBS document]
an by
 use its
develop
 means
pate in the
 (2) Consultation with individuals with
ach entity shall contact individuals
ities and groups representing them in the
ies and groups representing them in the


disabilities in all phases of plan development.  All
ments and other information concerning the planning
ocedure and the provision of service shall be
 upon request, to members of the pubic,
except where disclosure would be  an unwarranted
an unwarranted
   (3) Opportunity for public comment.  The
ity shall make its plan available for
r
g the
the widest range of persons anticipated to use its
paratransit service.  Each entity shall develop
contacts, mailing lists and  other appropriate means
for notification of opportunities to participate in the
development of the paratransit plan.
     (2) Consultation with individuals with
disabilities.  Each entity shall contact individuals
with disabilities and groups representing them in the
community.  Consultation shall begin at an early stage
in the plan development and should involve persons with
disabilities in all phases of plan development.  All
documents and other information concerning the planning
procedure and the provision of service shall be
available, upon request, to members of the pubic,
except where disclosure would be  an unwarranted
invasion of personal privacy.
     (3) Opportunity for public comment.  The
submitting entity shall make its plan available for
review before the plan is finalized.  In making the
plan available for public review, the entity shall
ensure that the plan is available upon request in
accessible formats.
     (4) Public hearing.  The entity shall sponsor at a
minimum one public hearing and shall provide adequate
notice of the hearing, including advertisement in
appropriate media, such as newspapers of general and
special interest circulation and radio announcements;
and
     (5) Special requirements.  If the entity intends
to phase-in its paratransit service over a multi-year
period, or request a waiver based on undue financial
burden, the public hearing shall afford the opportunity
for interested citizens to express their views
concerning the phase-in, the request, and which service
criteria may be delayed in implementation.
     (c) Ongoing requirement.   The entity shall create an
ongoing mechanism for the participation of individuals with
disabilities in the continued development and assessment of
services to persons with disabilities.  This includes, but
is not limited to, the development of the initial plan, any
request for an undue financial burden waiver, and each
annual submission.

37.139 Plan contents.
Each plan shall contain the following information:
     (1) Name and address; and
     (2) Contact person for the plan, with telephone
number and facsimile telephone number (FAX), if
applicable.
     (b) A description of the fixed route system as of
January 26, 1992 (or subsequent year for annual updates),
including -
     (1) A description of the service area, route
structure, days and hours of service, fare structure,
and population served. This includes maps and tables,
if appropriate;
     (2) The total number of vehicles (bus, van, or
rail) operated in fixed route service (including
contracted service), and percentage of accessible
vehicles and percentage of routes accessible to and
usable by persons with disabilities, including persons
who use wheelchairs.
     (3) Any other information about the fixed route
service that is relevant to establishing the basis for
comparability of fixed route and paratransit service.
     (c) A description of existing paratransit services,
including:
     (1) An inventory of service provided by the public
entity submitting the plan;
     (2) An inventory of service provided by other
agencies or organizations, which may in whole or in
part be used to meet the requirement for complementary
paratransit service; and
     (3) A description of the available paratransit
services in paragraphs (c)(2) and (c)(3) of this
section as they relate to the service criteria
described in 37.131 of this part of service area,
response time, fares, restrictions on trip purpose,
hours and days of service, and capacity constraints;
and to the requirements of ADA paratransit eligibility.
     (d) A description of the plan to provide comparable
paratransit, including:
     (1) An estimate of demand for comparable
paratransit service by ADA eligible individuals and a
brief description of the demand estimation methodology
used;
     (2) An analysis of differences between the
paratransit service currently provided and what is
required under this part by the entity(ies) submitting
the plan and other entities, as described in paragraph
(c) of this section;
     (3) A brief description of planned modifications
to existing paratransit and fixed route service and the
new paratransit service planned to comply with the ADA
paratransit service criteria;
     (4) A description of the planned comparable
paratransit service as it relates to each of the
service criteria described in 37.131 of this part -
service area, absence of restrictions or priorities
based on trip purpose, response time, fares, hours and
days of service, and lack of capacity constraints.  If
the paratransit plan is to be phased in, this paragraph
shall be coordinated with the information being
provided in paragraphs (d)(5) and (d)(6) of this
paragraph.
     (5) A timetable for implementing comparable
paratransit service, with a specific date indicating
when the planned service will be completely
operational.  In no case may full implementation be
completed later than January 26, 1997.  The plan shall
include milestones for implementing phases of the plan,
with progress that can be objectively measured yearly.
     (6) A budget for comparable paratransit service,
including capital and operating expenditures over five
years.
     (e) A description of the process used to certify
individuals with disabilities as ADA paratransit eligible.
At a minimum, this must include -
     (1)  A description of the application and
certification process, including -
     (i) The availability of information about the
process and application materials in accessible
formats;
     (ii) The process for determining eligibility
according to the provisions of 37.123 - 37.125
of this part and notifying individuals of the
determination made;
     (iii) The entity's system and timetable for
processing applications and allowing presumptive
eligibility; and
          (iv) The documentation given to eligible
individuals..
     (2) A description of the administrative appeals
process for individuals denied eligibility.
     (3) A policy for visitors, consistent with 37.127
of this part.
     (f) Description of the public participation process
including -
     (1) Notice given of opportunity for public
comment, the date(s) of completed public hearing(s),
availability of the plan in accessible formats,
outreach efforts, and consultation with persons with
disabilities.
     (2) A summary of significant issues raised during
the public comment period, along with a a response to
significant comments and discussion of how the issues
were resolved.
     (g) Efforts to coordinate service with other entities
subject to the complementary paratransit requirements of
this part which have overlapping or contiguous service areas
or jurisdictions.
     (h) The following endorsements or certifications:
     (1) A resolution adopted by the board of the
entity authorizing the plan, as submitted.  If more
than one entity is submitting the plan there must be an
authorizing resolution from each board.  If the entity
does not function with a board, a statement shall be
submitted by the entity's chief executive;
     (2) In urbanized areas, certification by the
Metropolitan Planning Organization (MPO) that it has
reviewed the plan and that the plan is in conformance
with the transportation plan developed under the Urban
Mass Transportation/Federal Highway Administration
joint planning regulation (49 CFR part 613 and 23 CFR
part 450).  In a service area which is covered by more
than one MPO, each applicable MPO shall certify
conformity of the entity's plan.  The provisions of
this paragraph do not apply to non-UMTA recipients;
     (3) A certification that the survey of existing
paratransit service was conducted as required in
37.137(a) of this part;
     (4) To the extent service provided by other
entities is included in the entity's plan for
comparable paratransit service, the entity must certify
that:
     (i) ADA paratransit eligible individuals have
access to the service;
     (ii) The service is provided in the manner
represented; and
     (iii) Efforts will be made to coordinate the
provision of paratransit service by other
providers.
     (i) A request for a waiver based on undue financial
burden, if applicable.  The waiver request should include
information sufficient for UMTA to consider the factors in
37.155 of this part.  If a request for an undue financial
burden waiver is made, the plan must include a description
of additional paratransit services that would be provided to
achieve full compliance with the requirement for comparable
paratransit in the event the waiver is not granted, and the
timetable for the implementation of these additional
services.
     (j) Annual plan updates.
     (2) If the paratransit service is being phased in
over more than one year, the entity must demonstrate
that the milestones identified in the current
paratransit plans have been achieved.  If the
milestones have not been achieved, the plan must
explain any slippage and what actions are being taken
to compensate for the slippage.
     (3) The annual plan must describe specifically the
means used to comply with the public participation
requirements, as described in 37.137 of this Part.

37.141 Requirements for a joint paratransit plan.
     (a) Two or more entities with overlapping or contiguous
service areas or jurisdictions may develop and submit a
joint plan providing for coordinated paratransit service.
Joint plans shall identify the participating entities and
indicate their commitment to participate in the plan.
     (b) To the maximum extent feasible, all elements of the
coordinated plan shall be submitted on January 26, 1992.  If
a coordinated plan is not completed by January 26, 1992,
those entities intending to coordinate paratransit service
must submit a general statement declaring their intention to
provide coordinated service and each element of the plan
specified in 37.139 to the extent practicable.  In
addition, the plan must include the following certifications
from each entity involved in the coordination effort:
     (1) A certification that the entity is committed
to providing ADA paratransit service as part of a
coordinated plan.
     (2) A certification from each public entity
participating in the plan that it will maintain current
levels of paratransit service until the coordinated
plan goes into effect.
     (c) Entities submitting the above certifications and
plan elements in lieu of a completed plan on January 26,
1992, must submit a complete plan by July 26, 1992.
     (d) Filing of an individual plan does not preclude an
entity from cooperating with other entities in the
development or implementation of a joint plan.  An entity
wishing to join with other entities after its initial
submission may do so by meeting the filing requirements of
this section.

37.143 Paratransit plan implementation.
     (a) Each entity shall begin implementation of its
complementary paratransit plan, pending notice from UMTA.
The implementation of the plan shall be consistent with the
terms of the plan, including any specified phase-in period.
     (b) If the plan contains a request for a waiver based
on undue financial burden, the entity shall begin
implementation of its plan, pending a determination on its
waiver request.

37.145  State comment on plans.
Each state required to receive plans under 37.135 of this
part shall:
     (a) Ensure that all applicable section 18 and section 9
recipients have submitted plans.
     (b) Certify to UMTA that all plans have been received.
     (c) Forward the required certification with comments on
each plan to UMTA.  The plans, with comments, shall be
submitted to UMTA no later than April 1, 1992, for the first
year and April 1 annually thereafter.
     (d) The State shall develop comments on each plan,
responding to the following points:
     (1) Was the plan filed on time?
     (2) Does the plan appear reasonable?
     (3) Are there circumstances that bear on the
ability of the grantee to carry out the plan as
represented?  If yes, please elaborate.
     (4) Is the plan consistent with statewide planning
activities?
     (5) Are the necessary anticipated financial and
capital resources identified in the plan accurately
estimated?

37.147 Considerations during UMTA review.
In reviewing each plan, at a minimum UMTA will consider the
following:
     (a) Whether the plan was filed on time;
     (b) Comments submitted by the state, if applicable;
     (c) Whether the plan contains responsive elements for
each component required under 37.139 of this part;
     (d) Whether the plan, when viewed in its entirety,
provides for paratransit service comparable to the entity's
fixed route service; and
     (e) Whether the entity complied with the public
participation efforts required by this part.
     (f) The extent to which efforts were made to coordinate
with other public entities with overlapping or contiguous
service areas or jurisdictions.

37.149 Disapproved plans.
     (a) If a plan is disapproved in whole or in part, UMTA
will specify which provisions are disapproved.  Each entity
shall amend its plan consistent with this information and
resubmit the plan to the appropriate UMTA Regional Office
within 90 days of receipt of the disapproval letter.
     (b) Each entity revising its plan shall continue to
comply with the public participation requirements applicable
to the initial development of the plan (set out in 37.137
of this part).

37.151 Waiver for undue financial burden.
If compliance with the service criteria of 37.131 of this
part creates an undue financial burden, an entity may
request a waiver from all or some of the provisions if the
entity has complied with the public participation
requirements in 37.137 of this Part and if the following
conditions apply;
     (a) At the time of submission of the initial plan on
January 26, 1992,
     (1) The entity determines that it cannot meet all
of the service criteria by January 26, 1997; or
     (2) The entity determines that it cannot make
measured progress toward compliance in any year before
full compliance is required.  For purposes of this
part, measured progress means implementing milestones
as scheduled, such as incorporating an additional
paratransit service criterion or improving an aspect of
a specific service criterion.
     (b) At the time of its annual plan update submission,
if the entity believes that circumstances have changed since
its last submission, and it is no longer able to comply by
January 26, 1997, or make measured progress in any year
before 1997, as described in paragraph (a)(2) of this
section.

37.153 UMTA waiver determination.
     (a) The Administrator will determine whether to grant a
waiver for undue financial burden on a case-by-case basis,
after considering the factors identified in 37.155 of this
part and the information accompanying the request.  If
necessary, the Administrator will return the application
with a request for additional information.
     (b) Any waiver granted will be for a limited and
specified period of time.
     (c) If the Administrator grants the applicant a waiver,
the Administrator will do one of the following:
     (1)  Require the public entity to provide
complementary paratransit to the extent it can do so
without incurring an undue financial burden.  The
entity shall make changes in its plan that the
Administrator determines are appropriate to maximize
the complementary paratransit service that is provided
to ADA paratransit eligible individuals.  When making
changes to its plan, the entity shall use the public
participation process specified for plan development
and shall consider first a reduction in number of trips
provided to each ADA paratransit eligible person per
month, while attempting to meet all other service
criteria.
     (2) Require the pubic entity to provide basic
complementary paratransit services to all ADA
paratransit eligible individuals, even if doing so
would cause the public entity to incur an undue
financial burden.  Basic complementary paratransit
service shall include at least complementary
paratransit service in corridors defined as provided in
37.131(a) along the public entity's key routes during
core service hours.
     (i) For purposes of this section, key routes
are defined as routes along which there is service
at least hourly throughout the day.
     (ii) For purposes of this section, core
service hours encompass at least peak periods, as
these periods are defined locally for fixed route
service, consistent with industry practice.
     (3) If the Administrator determines that the public
entity will incur an undue financial burden as the result of
providing basic complementary paratransit service, such that
it is infeasible for the entity to provide basic
complementary paratransit service, the Administrator shall
require the public entity to coordinate with other available
providers of demand responsive service in the area served by
the public entity to maximize the service to ADA paratransit
eligible individuals to the maximum extent feasible.

37.155 Factors in decision to grant an undue financial
burden waiver.
     (a) In making an undue financial burden determination,
the UMTA Administrator will consider the following factors:
     (1) Effects on current fixed route service,
including reallocation of accessible fixed route
vehicles and potential reduction in service, measured
by service miles;
     (2) Average number of trips made by the entity's
general population, on a per capita basis, compared
with the average number of trips to be made by
registered ADA paratransit eligible persons, on a per
capita basis.
     (3) Reductions in other services, including other
special services;
     (4) Increases in fares;

     (5) Resources available to implement complementary
paratransit service over the period covered by the
plan.
     (6) Percentage of budget needed  to implement the
plan, both as a percentage of operating budget and a
percentage of entire budget.
     (7) The current level of accessible service, both
fixed route and paratransit;
     (8) Cooperation/coordination among area
transportation providers;
     (9) Evidence of increased efficiencies, that have
been or could be effectuated, that would benefit the
level and quality of available resources for
complementary paratransit service; and
     (10) Unique circumstances in the submitting
entity's area that affect the ability of the entity to
provide paratransit, that militate against the need to
provide paratransit, or in some other respect create a
circumstance considered exceptional by the submitting
entity.
     (b)(1) Costs attributable to complementary
paratransit shall be limited to costs of providing
service specifically required by this part to ADA
paratransit eligible individuals, by entities
responsible under this part for providing such service.

     (2) If the entity determines that it is
impracticable to distinguish between trips mandated by
the ADA and other trips on a trip-by-trip basis, the
entity shall attribute to ADA complementary paratransit
requirements a percentage of its overall paratransit
costs.  This percentage shall be determined by a
statistically valid methodology that determines the
percentage of trips that are required by this Part.
The entity shall submit information concerning its
methodology and the data on which its percentage is
based with its request for a waiver.  Only costs
attributable to ADA-mandated trips may be considered
with respect to a request for an undue financial burden
waiver.
     (3) Funds to which the entity would be legally
entitled, but which, as a matter of state or local
funding arrangements, are provided to another entity
and used by that entity to provide paratransit service
which is part of a coordinated system of paratransit
meeting the requirements of this Part, may be counted
in determining the burden associated with the waiver
request.


SUBPART G  -   PROVISION OF SERVICE


37.161   Maintenance of accessible features - general.
     (a) Public and private entities providing
transportation services shall maintain in operative
condition those features of facilities and vehicles that are
required to make the vehicles and facilities readily
accessible to and usable by individuals with disabilities.
These features include, but are not limited to, lifts and
other means of access to vehicles, securement devices,
elevators, signage and systems to facilitate communications
with persons with impaired vision or hearing.  '
     (b) Accessibility features shall be repaired promptly
if they are damaged or out of order.  When an accessibility
feature is out of order, the entity shall take reasonable
steps to accommodate individuals with disabilities who would
otherwise use the feature.
     (c) This section does not prohibit isolated or
temporary interruptions in service or access due to
maintenance or repairs.

37.163    Keeping vehicle lifts in operative condition -
public entities.
     (a) This section applies only to public entities with
respect to lifts in non-rail vehicles.
     (b) The entity shall establish a system of regular and
frequent maintenance checks of lifts sufficient to
determine if they are operative.
     (c) The entity shall ensure that vehicle operators
report to the entity, by the most immediate means
available, any failure of a lift to operate in service.
     (d)  Except as provided in paragraph (e) of this
section, when a lift is discovered to be inoperative, the
entity shall take the vehicle out of service before the
beginning of the vehicle's next service day and ensure that
the lift is repaired before the vehicle returns to service.

     (e) If there is no spare vehicle available to take the
place of a vehicle with an inoperable lift, such that
taking the vehicle out of service will reduce the
transportation service the entity is able to provide, the
public entity may keep the vehicle in service with an
inoperable lift for no more than five days (if the entity
serves an area of 50,000 or less population) or three days
(if the entity serves an area of over 50,000 population)
from the day on which the lift is discovered to be
inoperative.
    (f) In any case in which a vehicle is operating on a
fixed route with an inoperative lift, and the headway to
the next accessible vehicle on the route exceeds 30
minutes, the entity shall promptly provide alternative
transportation to individuals with disabilities who are
unable to use the vehicle because its lift does not work.

37.165     Lift and securement use.
     (a) This section applies to public and private
entities.
     (b) All common wheelchairs and their users shall be
transported in the entity's vehicles or other conveyances.
The entity is not required to permit wheelchairs to ride in
places other than designated securement locations in the
vehicle, where such locations exist.
     (c) (1) For vehicles complying with Part 38 of this
title, the
entity shall use the securement system to secure
wheelchairs as provided in that Part.
     (2) For other vehicles transporting individuals
who use wheelchairs, the entity shall provide and use a
securement system to ensure that the wheelchair remains
within the securement area.
     (3) The entity may require that an individual
permit his or her wheelchair to be secured.
     (d)  The entity may not deny transportation to a
wheelchair or its user on the ground that the device cannot
be secured or restrained satisfactorily by the vehicle's
securement system.
     (e) The entity may recommend to a user of a wheelchair
that the individual transfer to a vehicle seat.  The entity
may not require the individual to transfer.
     (f) Where necessary or upon request, the entity's
personnel shall assist individuals with disabilities with
the use of securement systems, ramps and lifts.  If it is
necessary for the personnel to leave their seats to provide
this assistance, they shall do so.
     (g) The entity shall permit individuals with
disabilities who do not use wheelchairs, including standees,
to use a vehicle's lift or ramp to enter the vehicle.

37.167        Other service requirements
     (a) This section applies to public and private
entities.
     (b) On fixed route systems, the entity shall announce
stops as follows:
     (1) The entity shall announce at least at transfer
points with other fixed routes, other major
intersections and destination points, and intervals
along a route sufficient to permit individuals with
visual impairments or other disabilities to be oriented
to their location.
     (2) The entity shall announce any stop on request
of an individual with a disability.
     (c) Where vehicles or other conveyances for more than
one route serve the same stop, the entity shall provide a
means by which an individual with a visual impairment or
other disability can identify the proper vehicle to enter or
be identified to the vehicle operator as a person seeking a
ride on a particular route.
     (d) The entity shall permit service animals to
accompany individuals with disabilities in vehicles and
facilities.
     (e) The entity shall ensure that vehicle operators and
other personnel make use of accessibility-related equipment
or features required by Part 38 of this title.
     (f) The entity shall make available to individuals with
disabilities adequate information concerning transportation
services.  This obligation includes making adequate
communications capacity available, through accessible
formats and technology, to enable users to obtain
information and schedule service.
     (g) The entity shall not refuse to permit a passenger
who uses a lift to disembark from a vehicle at any
designated stop, unless the lift cannot be deployed, the
lift will be damaged if it is deployed, or temporary
conditions at the stop, not under the control of the entity,
preclude the safe use of the stop by all passengers.
     (h) The entity shall not prohibit an individual with a
disability from traveling with a respirator or portable
oxygen supply, consistent with applicable Department of
Transportation rules on the transportation of hazardous
materials.
     (i) The entity shall ensure that adequate time is
provided to allow individuals with disabilities to complete
boarding or disembarking from the vehicle.

37.169       Interim requirements for over-the-road bus
service operated by private entities.
    (a) Private entities operating over-the-road buses, in
addition to compliance with other applicable provisions of
this Part, shall provide accessible service as provided in
this section.
    (b) The private entity shall provide assistance, as
needed, to individuals with disabilities in boarding and
disembarking, including moving to and from the bus seat for
the purpose of boarding and disembarking.  The private
entity shall ensure that personnel are trained to provide
this assistance safely and appropriately.
    (c) To the extent that they can be accommodated in the
areas of the passenger compartment provided for passengers'
personal effects, wheelchairs or other mobility aids and
assistive devices used by individuals with disabilities, or
components of such devices, shall be permitted in the
passenger compartment. When the bus is at rest at a stop,
the driver or other personnel shall assist individuals with
disabilities with the stowage and retrieval of mobility
aids, assistive devices, or other items that can be
accommodated in the passenger compartment of the bus.
    (d) Wheelchairs and other mobility aids or assistive
devices that cannot be accommodated in the passenger
compartment (including electric wheelchairs ) shall be
accommodated in the baggage compartment of the bus, unless
the size of the baggage compartment prevents such
accommodation.
    (e)  At any given stop, individuals with disabilities
shall have the opportunity to have their wheelchairs or
other mobility aids or assistive devices stowed in the
baggage compartment before other baggage or cargo is
loaded, but baggage or cargo already on the bus does not
have to be off-loaded in order to make room for such
devices.
     (f) The entity may require up to 48 hours' advance
notice only for providing boarding assistance.  If the
individual does not provide such notice, the entity shall
nonetheless provide the service if it can do so by making a
reasonable effort, without delaying the bus service.

37.171     Equivalency requirement for demand responsive
service operated by private entities not Primarily engaged
in the business of transporting people.
     A private entity not primarily engaged in the business
of transporting people which operates a demand responsive
system shall ensure that its system, when viewed in its
entirety, provides equivalent service to individuals with
disabilities, including individuals who use wheelchairs, as
it does to individuals without disabilities.   The standards
of 37.105 shall be used to determine if the entity is
providing equivalent service.

37.173   Training
     Each public or private entity which operates a fixed
route or demand responsive system shall ensure that
personnel are trained to proficiency, as appropriate to
their duties, so that they operate vehicles and equipment
safely and properly assist and treat individuals with
disabilities who use the service in a respectful and
courteous way, with appropriate attention to the differences
among individuals with disabilities.



APPEIDIX A TO PART 37 - Standards for Accessible
                           Transportation Facilities

APPENDIX B TO PART 37  - UMTA REGIONAL OFFICES

Region I
Urban Mass Transportation Administration
206 Federal Plaza
Suite 2940
New York, NY   10278

Region II
Urban Mass Transportation Administration
Transportation Systems Center
Kendall Square
55 Broadway
Suite 921
Cambridge, MA  02142

Region III
841 Chestnut Street
Suite 714
Philadelphia, PA  19107

Region IV
Urban Mass Transportation Administration
Suite 400
Atlanta, GA  30309

Region V
Urban Mass Transportation Administration
55 East Monroe Street
Room 1415
Chicago, IL  60603

Region VI
Urban Mass Transportation Administration
819 Taylor Street
Suite 9A32
Ft. Worth, TX  76102

Region VII
Urban Mass Transportation Administration
6301 Rockville Road
Suite 303
Kansas City, MS  64131

Region VIII
Urban Mass Transportation Administration
Federal Office Building
1961 Stout Street, 5th Floor
Denver, CO  80294

Region IX
Urban Mass Transportation Administration
211 Main Street, Room 1160
San Francisco, CA  94105

Region X
Urban Mass Transportation Administration
3142 Federal Building
915 Second Avenue
Seattle, WA  98174

           APPENDIX C TO PART 37- CERTIFICATIONS

             Certification of Equivalent Service

The _______________________________  certifies that its
demand
      (name of agency)
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 service, 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.

_______________________________________________________
(name of authorized official)  (signature)

________________________________________________________
 (title)                    (date)
 

            MPO Certification of Paratransit Plan

The (name of Metropolitan Planning Organization) hereby
certifies that it has reviewed the ADA paratransit plan
prepared by (name of submitting entity (ies)) as required
under 49 CFR 37. 139(h) and finds it to be in conformance
with the transportation plan developed under 49 CFR part 613
and 23 CFR part 450 (the UMTA/FHWA joint planning
regulation).  This certification is valid for one year.

                              _______________________
                              signature

                              _______________________
                              name of authorized official

                              _______________________
                              title

                              _______________________
                              date

             Existing Paratransit Service Survey

This is to certify that (name of public entity (ies)) has
conducted a survey of existing paratransit services as
required by 49 CFR 37.137 (a).


                              _______________________
                              signature

                              _______________________
                              name of authorized official

                              _______________________
                              title

                              _______________________
                              date

               Included Service Certification

This is to certify that service provided by other entities
but included in the ADA paratransit plan submitted by (name
of submitting entity (ies)) meets the requirements of 49 CFR
part 37 subpart F providing that ADA eligible individuals
have access to the service; the service is provided in the
manner represented; and, that efforts will be made to
coordinate the provision of paratransit service offered by
other providers.


                              _______________________
                              signature

                              _______________________
                              name of authorized official

                              _______________________
                              title

                              _______________________
                              date

                              Joint Plan Certification I

This is to certify that (name of entity covered by joint
plan) is committed to providing ADA paratransit service as
part of this coordinated plan and in conformance with the
requirements of 49 CFR part 37 subpart F.


                              _______________________
                              signature

                              _______________________
                              name of authorized official

                              _______________________
                              title

                              _______________________
                              date


______________________________________________________


                 Joint Plan Certification II

This is to certify that (name of entity covered by joint
plan) will, in accordance with 49 CFR 37.141, maintain
current levels of paratransit service until the coordinated
plan goes into effect.


                              _______________________
                              signature

                              _______________________
                              name of authorized official

                              _______________________
                              title

                              _______________________
                              date

      State Certification that Plans have been Received

This is to certify that all ADA paratransit plans required
under 49 CFR 37.139 have been received by (state DOT)
_______________



                              _______________________
                              signature

                              _______________________
                              name of authorized official

                              _______________________
                              title

                              _______________________


