[Congressional Record Volume 142, Number 130 (Thursday, September 19, 1996)]
[House]
[Pages H10676-H10719]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOTICE OF PROPOSED RULEMAKING

                                                    U.S. Congress,


                                         Office of Compliance,

                               Washington, DC, September 18, 1996.
     Hon. Newt Gingrich,
     Speaker of the House, House of Representatives, Washington, 
         DC.
       Dear Mr. Speaker: Pursuant to Section 304(b) of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 
     Sec. 1384(b)), I am transmitting on behalf of the Board of 
     Directors the enclosed notice of proposed rulemaking 
     regulations under Sections 210 and 215 of the Act for 
     publication in the Congressional Record.
       The Congressional Accountability Act specifies that the 
     enclosed notice be published on the first day on which both 
     Houses are in session following this transmittal.
           Sincerely,
                                                    Glen D. Nager,
                                               Chair of the Board.
  


[[Page H10677]]

  Office of Compliance--The Congressional Accountability Act of 1995: 
     Extension of Rights and Protections Under the Americans With 
Disabilities Act of 1990 Relating to Public Services and Accommodations


                     notice of proposed rulemaking

       Summary: The Board of Directors of the Office of Compliance 
     is publishing proposed regulations to implement Section 210 
     of the Congressional Accountability Act of 1995 (``CAA''), 2 
     U.S.C. Sec. Sec. 1301-1438, as applied to covered entities of 
     the House of Representatives, the Senate, and certain 
     Congressional instrumentalities listed below.
       The CAA applies the rights and protections of eleven labor 
     and employment and public access statutes to covered entities 
     within the Legislative Branch. Section 210(b) provides that 
     the rights and protections against discrimination in the 
     provision of public services and accommodations established 
     by sections 201 through 230, 302, 303, and 309 of the 
     Americans With Disabilities Act of 1990, 42 U.S.C. 
     Sec. Sec. 12131-12150, 12182, 12183, and 12189 (``ADA'') 
     shall apply to certain covered entities. 2 U.S.C. 
     Sec. 1331(b). The above provisions of section 210 are 
     effective on January 1, 1997. 2 U.S.C. Sec. 1331(h).
       In addition to inviting comment in this Notice, the Board, 
     through the statutory appointees of the Office, sought 
     consultation with the Department of Justice and the Secretary 
     of Transportation regarding the development of these 
     regulations in accordance with section 304(g)(2) of the CAA. 
     The Civil Rights Division of the Justice Department and the 
     Department of Transportation provided helpful comments and 
     assistance during the development of these regulations. The 
     Board also notes that the General Counsel of the Office of 
     Compliance has completed an inspection of all covered 
     facilities for compliance with disability access standards 
     under section 210 of the CAA and has submitted his final 
     report to Congress. Based on information gleaned from these 
     consultations and the experience gained from the General 
     Counsel's inspections, the Board is publishing these proposed 
     regulations, pursuant to section 210(e) of the CAA, 2 U.S.C. 
     Sec. 1331(e).
       The purpose of these regulations is to implement section 
     210 of the CAA. In this Notice of Proposed Rulemaking 
     (``NPRM'' or ``Notice'') the Board proposes that virtually 
     identical regulations be adopted for the Senate, the House of 
     Representatives, and the seven Congressional 
     instrumentalities. Accordingly:
       (1) Senate. It is proposed that regulations as described in 
     this Notice be included in the body of regulations that shall 
     apply to entities within the Senate, and this proposal 
     regarding the Senate entities is recommended by the Office of 
     Compliance's Deputy Executive Director for the Senate.
       (2) House of Representatives. It is further proposed that 
     regulations as described in this Notice be included in the 
     body of regulations that shall apply to entities within the 
     House of Representatives, and this proposal regarding the 
     House of Representatives entities is recommended by the 
     Office of Compliance's Deputy Executive Director for the 
     House of Representatives.
       (3) Certain Congressional instrumentalities. It is further 
     proposed that regulations as described in this Notice be 
     included in the body of regulations that shall apply to the 
     Capitol Guide Service, the Capitol Police, the Congressional 
     Budget Office, the Office of the Architect of the Capitol, 
     the Office of the Attending Physician, and the Office of 
     Compliance; and this proposal regarding these six 
     Congressional instrumentalities is recommended by the Office 
     of Compliance s Executive Director.
       Dates: Comments are due within 30 days after the date of 
     publication of this Notice in the Congressional Record.
       Addresses: Submit written comments (an original and 10 
     copies) to the Chair of the Board of Directors, Office of 
     Compliance, Room LA 200, John Adams Building, 110 Second 
     Street, S.E., Washington, D.C. 20540-1999. Those wishing to 
     receive notification of receipt of comments are requested to 
     include a self-addressed, stamped post card. Comments may 
     also be transmitted by facsimile (``FAX'') machine to (202) 
     426-1913. This is not a toll-free call. Copies of comments 
     submitted by the public will be available for review at the 
     Law Library Reading Room, Room LM-201, Law Library of 
     Congress, James Madison Memorial Building, Washington, D.C., 
     Monday through Friday, between the hours of 9:30 a.m. and 
     4:00 p.m.
       For further information contact: Executive Director, Office 
     of Compliance, at (202) 724-9250 (voice), (202) 426-1912 
     (TTY). This Notice is also available in the following 
     formats: large print, braille, audio tape, and electronic 
     file on computer disk. Requests for this notice in an 
     alternative format should be made to Mr. Russell Jackson, 
     Director, Services Department, Office of the Sergeant at Arms 
     and Doorkeeper of the Senate, at (202) 224-2705 (voice), 
     (202) 224-5574 (TTY).


                       SUPPLEMENTARY INFORMATION

                         Background and Summary

       The Congressional Accountability Act of 1995 (CAA), Pub.L. 
     104-1, 109 Stat. 3, was enacted on January 23, 1995. 2 U.S.C. 
     Sec. Sec. 1301-1438. In general, the CAA applies the rights 
     and protections of eleven federal labor and employment and 
     public access statutes to covered employees and employing 
     offices.
       Section 210(b) provides that the rights and protections 
     against discrimination in the provision of public services 
     and accommodations established by the provisions of Titles II 
     and III (sections 201 through 230, 302, 303, and 309) of the 
     Americans With Disabilities Act of 1990, 42 U.S.C. 
     Sec. Sec. 12131-12150, 12182, 12183, and 12189 (``ADA'') 
     shall apply to the following entities:
       (1) each office of the Senate, including each office of a 
     Senator and each committee;
       (2) each office of the House of Representatives, including 
     each office of a Member of the House of Representatives and 
     each committee;
       (3) each joint committee of the Congress;
       (4) the Capitol Guide Service;
       (5) the Capitol Police;
       (6) the Congressional Budget Office;
       (7) the Office of the Architect of the Capitol (including 
     the Senate Restaurants and the Botanic Garden);
       (8) the Office of the Attending Physician; and
       (9) the Office of Compliance.

     2 U.S.C. Sec. 1331(b).
       Title II of the ADA generally prohibits discrimination on 
     the basis of disability in the provision of services, 
     programs, or activities by any ``public entity''. Section 
     210(b)(2) of the CAA defines the term ``public entity'' for 
     Title II purposes as any entity listed above that provides 
     public services, programs, or activities. 2 U.S.C. 
     Sec. 1331(b)(2).
       Title III of the ADA generally prohibits discrimination on 
     the basis of disability by public accommodations and requires 
     places of public accommodation and commercial facilities to 
     be designed, constructed, and altered in compliance with 
     accessibility standards. Section 225(f) of the CAA provides 
     that, ``[e]xcept where inconsistent with definitions and 
     exemptions provided in this Act, the definitions and 
     exemptions of the [ADA] shall apply under this Act.'' 2 
     U.S.C. Sec. 1361(f)(1).
       Section 210(f) of the CAA requires that the General Counsel 
     of the Office of Compliance on a regular basis, and at least 
     once each Congress, conduct periodic inspections of all 
     covered facilities and report to Congress on compliance with 
     disability access standards under section 210. 2 U.S.C. 
     Sec. 1331(f).
       Section 210(e) of the CAA requires the Board of Directors 
     of the Office of Compliance established under the CAA to 
     issue regulations implementing the section. 2 U.S.C. 
     Sec. 1331(e). Section 210(e) further states that such 
     regulations ``shall be the same as substantive regulations 
     promulgated by the Attorney General and the Secretary of 
     Transportation to implement the statutory provisions referred 
     to in subsection (b) except to the extent that the Board may 
     determine, for good cause shown and stated together with the 
     regulation, that a modification of such regulations would be 
     more effective for the implementation of the rights and 
     protections under this section.'' Id. Section 210(e) further 
     provides that the regulations shall include a method of 
     identifying, for purposes of this section and for different 
     categories of violations of subsection (b), the entity 
     responsible for correction of a particular violation. 2 
     U.S.C. Sec. 1331(e).
       In developing these proposed regulations, a number of 
     issues have been identified and explored. The Board has 
     proposed to resolve these issues as described below.

                             A. In general

       1. Public services and accommodations regulations 
     promulgated by the Attorney General and the Secretary of 
     Transportation that the board will adopt under section 210(e) 
     of the CAA.--Section 210(e) requires the Board to issue 
     regulations that are the same as ``substantive regulations 
     promulgated by the Attorney General and the Secretary of 
     Transportation to implement the statutory provisions referred 
     to in subsection (b) except to the extent that the Board may 
     determine, for good cause shown and stated together with the 
     regulation, that a modification of such regulations would be 
     more effective for the implementation of the rights and 
     protections under this section.'' 2 U.S.C. Sec. 1331(e).
       Consistent with its prior decisions on this issue, the 
     Board has determined that all regulations promulgated after a 
     notice and comment by the Attorney General and/or the 
     Secretary of Transportation to implement the provisions of 
     Title II and Title III of the ADA applied by section 210(b) 
     of the CAA are ``substantive regulations'' within the meaning 
     of section 210(e). See, e.g., 142 Cong.Rec. S5070, S5071-72 
     (daily ed. May 15, 1996) (NPRM implementing section 220(d) 
     regulations); 141 Cong. Rec. S17605 (daily ed. Nov. 28, 1995) 
     (NPRM implementing section 203 regulations). See also Reves 
     v. Ernst & Young, 113 S.Ct. 1163, 1169 (1993) (where same 
     phrase or term is used in two different places in the same 
     statute, it is reasonable for court to give each use a 
     similar construction); Sorenson v. Secretary of the Treasury, 
     475 U.S. 851, 860 (1986) (normal rule of statutory 
     construction assumes that identical words in different parts 
     of the same act are intended to have the same meaning).
       In this regard, the Board has reviewed the provisions of 
     section 210 of the CAA, the sections of the ADA applied by 
     that section, and the regulations of the Attorney General and 
     the Secretary of Transportation, to determine whether and to 
     what extent those regulations are substantive regulations 
     which implement the provisions of Title II and Title III of 
     the ADA applied by section 210(b) of the CAA. As explained 
     more fully below, the Board proposes to adopt the following 
     otherwise applicable regulations of the Attorney General 
     published at Parts 35 and 36 of Title 28 of the Code of 
     Federal Regulations (``CFR'') and those of the Secretary of 
     Transportation published at Parts 37 and 38 of Title 49 of 
     the CFR:

[[Page H10678]]

       1. Attorney General's regulations at Part 35 of Title 28 of 
     the CFR: The Attorney General's regulations at Part 35 
     implement subtitle A of Title II of the ADA (sections 201 
     through 205), the rights and protections of which are applied 
     to covered entities under section 210(b) of the CAA. See 28 
     CFR Sec. 35.101 (Purpose). Therefore, the Board determines 
     that these regulations will be adopted in the proposed 
     regulations under section 210(e).
       2. Attorney General's regulations at Part 36 of Title 28 of 
     the CFR: The Attorney General's regulations at Part 36 
     implement Title III of the ADA (sections 301 through 309). 
     See 28 CFR Sec. 36.101 (Purpose). Section 210(b) only applies 
     the rights and protections of three sections of Title III 
     with respect to public accommodations: prohibitions against 
     discrimination (section 302), provisions regarding new 
     construction and alterations (section 303), and provisions 
     regarding examinations and courses (section 309). Therefore, 
     only those regulations in Part 36 that are reasonably 
     necessary to implement the statutory provisions of sections 
     302, 303, and 309 will be adopted by the Board under section 
     210(e) of the CAA.
       3. Secretary of Transportation regulations at Parts 37 and 
     38 of Title 49 of the CFR: The Secretary's regulations at 
     Parts 37 and 38 implement the transportation provisions of 
     Title II and Title III of the ADA. See 49 CFR 
     Sec. Sec. 37.101 (Purpose) and 38.1 (Purpose). The provisions 
     of Title II and Title III of the ADA relating to 
     transportation and applied to covered entities by section 
     210(b) of the CAA are subtitle B of Title II (sections 221 
     through 230) and certain portions of section 302 of Title 
     III. Thus, those regulations of the Secretary that are 
     reasonably necessary to implement the statutory provisions of 
     sections 221 through 230, 302, and 303 of the ADA will be 
     adopted by the Board under section 210(e) of the CAA.
       The Board proposes not to adopt those regulatory provisions 
     of the regulations of the Attorney General or those of the 
     Secretary that have no conceivable applicability to 
     operations of entities within the Legislative Branch or are 
     unlikely to be invoked. See 141 Cong. Rec. at S17604 (daily 
     ed. Nov. 28, 1995) (NPRM implementing section 203 
     regulations). Unless public comments demonstrate otherwise, 
     the Board intends to include in the adopted regulations a 
     provision stating that the Board has issued substantive 
     regulations on all matters for which section 210(e) requires 
     a regulation. See section 411 of the CAA, 2 U.S.C. Sec. 1411.
       In addition, the Board has proposed to make technical 
     changes in definitions and nomenclature so that the 
     regulations comport with the CAA and the organizational 
     structure of the Office of Compliance. In the Board's 
     judgment, making such changes satisfies the CAA's ``good 
     cause'' requirement. With the exception of these technical 
     and nomenclature changes, the Board does not propose 
     substantial departure from otherwise applicable Secretary's 
     regulations.
       The Board notes that the General Counsel applied the above-
     referenced standards of Parts 35 and 36 of the Attorney 
     General's regulations and Parts 37 and 38 of the Secretary's 
     regulations during his initial inspection of all Legislative 
     Branch facilities pursuant to section 210(f) of the CAA. In 
     contrast to other sections of the CAA, which generally give 
     the Office of Compliance only adjudicatory and regulatory 
     responsibilities, the General Counsel has the authority to 
     investigate and prosecute alleged violations of disability 
     standards under section 210, as well as the responsibility 
     for inspecting covered facilities to ensure compliance. 
     According to the General Counsel's final inspection report, 
     the Title II and Title III regulations encompass the 
     following requirements:
       1. Program accessibility: This standard is applied to 
     ensure physical access to public programs, services, or 
     activities. Under this standard, covered entities must modify 
     policies, practices, and procedures to ensure an equal 
     opportunity for individuals with disabilities. If policy and 
     procedural modifications are ineffective, then structural 
     modifications may be required.
       2. Effective communication: This standard requires covered 
     entities to make sure that their communications with 
     individuals with disabilities (such as in the context of 
     constituent meetings and committee hearings) are as effective 
     as their communications with others. Covered entities are 
     required to make information available in alternate formats 
     such as large print, Braille, or audio tape, or use methods 
     that provide individuals with disabilities the opportunity to 
     effectively communicate, such as sign language interpreters 
     or the use of pen and paper. Primary consideration must be 
     given to the method preferred by the individual. For 
     telecommunications, the use of text telephones (TTY's) or the 
     use of relay services is required.
       3. ADA Standards for Accessible Design: These standards are 
     applied to architectural barriers, including structural 
     barriers to communication, such as telephone booths, to 
     ensure that existing facilities, new construction, and new 
     alterations, are accessible to individuals with disabilities.

     See Inspection Report, App. A-3--A-4.
       The Board recognizes that, as with other obligations under 
     the CAA, covered entities will need information and guidance 
     regarding compliance with these ADA standards as adopted in 
     these proposed regulations, which the Office will provide as 
     part of its education and information activities.
       2. Modification of regulations of the Attorney General and 
     the Secretary.--The Board has considered whether and to what 
     extent it should modify otherwise applicable substantive 
     public service and accommodation standards of the Attorney 
     General and the Secretary. As the Board has noted in prior 
     rulemakings, the language and legislative history of the CAA 
     leads the Board to conclude that, absent clear statutory 
     language to the contrary, the Board should hew as closely as 
     possible to the text of otherwise applicable regulations 
     promulgated by the appropriate executive branch agency to 
     implement the statutory provisions applied to the Legislative 
     Branch by the CAA. See 142 Cong. Rec. S221, S222 (daily ed. 
     Jan. 22, 1996) (Notice of Adoption of Rules Implementing 
     Section 203 regulations) (``The CAA was intended not only to 
     bring covered employees the benefits of the . . . 
     incorporated laws, but also require Congress to experience 
     the same compliance burdens faced by other employers so that 
     it could more fairly legislate in this area.''). Thus, 
     consistent with its prior decisions, the Board proposes to 
     issue the regulations of the Attorney General and the 
     Secretary with only technical changes in the nomenclature and 
     deletion of those sections clearly inapplicable to the 
     Legislative Branch. See, e.g., 141 Cong. Rec. S17603-S17604 
     (daily ed. Nov. 28, 1995) (NPRM implementing section 203 
     regulations).
       This conclusion is supported by the General Counsel's 
     inspection report, which applied the substantive public 
     service and accommodation standards to covered facilities in 
     the course of his initial inspections under section 210(f) of 
     the CAA. Specifically, there was nothing about the reported 
     condition of facilities within the Legislative Branch that 
     suggested that they were so different from comparable private 
     sector and state and local governmental facilities as to 
     require a public service and accommodations standard 
     different than those applied by the Attorney General and the 
     Secretary. See generally Gen. Couns., Off. Compliance, 
     ``Report on Initial Inspections of Facilities for Compliance 
     with Americans With Disability Act Standards Under Section 
     210'' (1996) (``Disability Access Report''). Thus, with the 
     exception of nonsubstantive technical and nomenclature 
     changes, the Board proposes no departure from the text of 
     otherwise applicable portions of the regulations of the 
     Attorney General and those of the Secretary.
       3. Specific issues regarding the Attorney General's title 
     II regulations (part 35, 28 CFR).
       a. Self-evaluation, notice, and designation of responsible 
     employee and adoption of grievance provisions (sections 
     35.105, 35.106, and 35.107).--Section 35.105 of the Attorney 
     General's regulations establishes a requirement that all 
     ``public entities'' evaluate their current policies and 
     practices to identify and correct any that are inconsistent 
     with accessibility requirements under the regulation. Those 
     that employ 50 or more persons are required to maintain the 
     self-evaluation on file and make it available for public 
     inspection for three years. This self-evaluation does not 
     cover activities covered by the Department of Transportation 
     regulations (implementing sections 221 through 230 of the 
     ADA). Section 35.106 requires a public entity to disseminate 
     sufficient information to applicants, participants, 
     beneficiaries, and other interested persons to inform them of 
     the rights and protections afforded by the ADA and the 
     regulations. Methods of providing this information include, 
     for example, the publication of information in handbooks, 
     manuals, and pamphlets that are distributed to the public and 
     that describe a public entity's programs and activities; the 
     display of informative posters in service centers and other 
     public places; or the broadcast of information by television 
     or radio. See 56 Fed. Reg. 35694, 35702 (July 26, 1991) 
     (preamble to final rule regarding Part 35). Section 35.107 
     requires that public entities with 50 or more employees 
     designate a responsible employee and adopt grievance 
     procedures. This provision establishes an alternative dispute 
     resolution mechanism without requiring the complainant to 
     resort to legal complaint procedures under the ADA. However, 
     the complainant is not required to exhaust these procedures 
     before filing a complaint under the ADA. See 56 Fed. Reg. at 
     35702.
       The Board has considered whether and to what extent it may 
     and should impose these recordkeeping, notice, and grievance 
     requirements on covered entities. In contrast to the 
     recordkeeping requirements of other laws applied by the CAA 
     (such as the Fair Labor Standards Act) which were not 
     included in sections of the laws applied to covered employees 
     and employing offices by the CAA, the recordkeeping, notice, 
     and grievance requirements in sections 35.105, 35.106, and 
     35.107 of the Attorney General's regulations implement 
     subtitle A of Title II of the ADA, which is applied to 
     covered entities under section 210(b) of the CAA. See 28 CFR 
     Sec. 35.101; see also 28 CFR, pt. 35, App. A at 456-57 
     (section-by-section analysis). Thus, these regulations have 
     been included in the Board's proposed regulations. Compare 
     141 Cong. Rec. S17603, S17604 (daily ed. Nov. 28, 1995) 
     (recordkeeping requirements of the FLSA not included within 
     the provisions applied by section 203 of the CAA cannot be 
     the subject of Board rulemaking), 142 Cong. Rec. S221, S222 
     (daily ed. Jan. 22, 1996) (Notice of Adoption of Regulations 
     Implementing Section 203) (same), and 141 Cong. Rec. S17628 
     (same rationale regarding recordkeeping requirements of the 
     Family and Medical Leave Act) with 141 Cong. Rec. at 17657 
     (daily ed. Jan. 22, 1996) (recordkeeping requirements 
     included

[[Page H10679]]

     within portion of Employee Polygraph Protection Act applied 
     by section 204 of the CAA must be included within the 
     proposed rules).
       The Board also retains the 50 employee cut-off for imposing 
     self-evaluation recordkeeping and grievance requirements on 
     covered entities. Given that state and local government 
     entities covered by Title II of the ADA have agencies of 
     comparable size to entities within the Legislative Branch, 
     the Board at present sees no reason to impose a different 
     threshold for such obligations. Therefore, these provisions 
     will be adopted as written, unless comments establish that 
     there is ``good cause'' for modification.
       b. Retaliation or coercion (section 35.134).--Section 
     35.134 of the Attorney General's regulations implements 
     section 503 of the ADA, which prohibits retaliation against 
     any individual who exercises his or her rights under the ADA. 
     28 CFR pt. 35, App. A at 464 (section-by-section analysis). 
     Section 35.134 is not a provision which implements a right or 
     protection applied to covered entities under section 210(b) 
     of the CAA and, therefore, it will not be included within the 
     adopted regulations.
       c. Employment discrimination provisions (section 35.140).--
     Section 35.140 of the Attorney General's regulations 
     prohibits employment discrimination by covered public 
     entities. Section 35.140 implements Title II of the ADA, 
     which has been interpreted to apply to all activities of a 
     public entity, including employment. See 56 Fed. Reg. at 
     35707 (preamble to final rule regarding Part 35). However, 
     section 210(c) of the CAA states that, ``with respect to any 
     claim of employment discrimination asserted by any covered 
     employee, the exclusive remedy shall be under section 201 of 
     [the CAA].'' 2 U.S.C. Sec. 1331(c). The Board proposes to 
     adopt the employment discrimination provisions of section 
     35.140 as part of its regulations under section 210(e), and 
     also to add a statement that, pursuant to section 210(c) of 
     the CAA, section 201 of the CAA provides the exclusive remedy 
     for any such employment discrimination. In the Board's 
     judgment, making such a change satisfies the CAA's ``good 
     cause'' requirement.
       d. Effective dates.--In several portions of Part 35 of the 
     Attorney General's regulations, references are made to dates 
     such as the effective date of the Part 35 regulations or 
     effective dates derived from the statutory provisions of the 
     ADA. See, e.g., 28 CFR Sec. Sec. 35.150(c), (d), and 
     35.151(a); see also 56 Fed. Reg. at 35710 (preamble to final 
     rule regarding Part 35). The Board proposes to substitute 
     dates which correspond to analogous periods for the purposes 
     of the CAA. In this way covered entities under section 210 
     may have the same time to come into compliance relative to 
     the effective date of section 210 of the CAA afforded public 
     entities subject to Title II of the ADA. In the Board's 
     judgment, such changes satisfy the CAA's ``good cause'' 
     requirement.
       e. Compliance procedures.--Subpart F of the Attorney 
     General's regulations (sections 35.170 through 35.189) set 
     forth administrative enforcement procedures under Title II. 
     Subpart F implements the provisions of section 203 of the 
     ADA, which is applied to covered entities under section 210 
     of the CAA. Although procedural in nature, such provisions 
     address the remedies, procedures, and rights under section 
     203 of the ADA, and thus the otherwise applicable provisions 
     of these regulations are ``substantive regulations'' for 
     section 210(e) purposes. See 142 Cong. Rec. at S5071-72 
     (similar analysis under section 220(d) of the CAA). However, 
     since section 303 reserves to the Executive Director the 
     authority to promulgate regulations that ``govern the 
     procedures of the Office,'' and since the Board believes that 
     the benefit of having one set of procedural rules provides 
     the ``good cause'' for modifying the Attorney General's 
     regulations, the Board proposes to incorporate the provisions 
     of Subpart F into the Office's procedural rules, to omit 
     provisions that set forth procedures which conflict with 
     express provisions of section 210 of the CAA or are already 
     provided for under comparable provisions of the Office's 
     rules, and to omit rules with no applicability to the 
     Legislative Branch (such as provisions covering entities 
     subject to section 504 of the Rehabilitation Act, provisions 
     regarding State immunity, and provisions regarding referral 
     of complaints to the Justice Department). See 142 Cong. Rec. 
     at S5071-72 (similar analysis and conclusion under section 
     220(d) of the CAA).
       f. Designated agencies (Subpart G).--Subpart G of the 
     Attorney General's regulations designates the Federal 
     agencies responsible for investigating complaints under Title 
     II of the ADA. Given the structure of the CAA, such 
     provisions are not applicable to covered Legislative Branch 
     entities and, therefore, will not be adopted under section 
     210(e).
       g. Appendix to Part 35.--The Board proposes not to adopt 
     Appendix A to Part 35, the section-by-section analysis of 
     Part 35. Since the Board has only adopted portions of the 
     Attorney General's Part 35 regulations and modified several 
     provisions to conform to the CAA, it does not appear 
     appropriate to include Appendix A. However, the Board notes 
     that the section-by-section analysis may have some relevance 
     to interpreting sections of Part 35 which the Board has 
     adopted without change.
       4. Specific issues regarding the Attorney General's title 
     III regulations (part 36, 28 CFR).
       a. ``Ownership'' or ``leasing'' of places of public 
     accommodation, landlord and tenant obligations (sections 
     36.104 and 36.201(b)).--In section 36.104 of the Attorney 
     General's regulations (Definitions), the term ``public 
     accommodations'' is defined as ``a private entity that owns, 
     leases (or leases to), or operates a place of public 
     accommodation.'' Section 36.201(b) delineates the respective 
     obligations of landlords and tenants under the ADA. It 
     provides that the landlord that owns the building that houses 
     the place of public accommodation, as well as the tenant that 
     owns or operates the place of public accommodation, are 
     public accommodations that have obligations under the 
     regulations. Section 36.201(b) further provides that, as 
     between the parties, allocation of responsibility for 
     compliance may be determined by lease or other contract. See 
     36 CFR, pt. 36, App. B at 593-94 (section-by-section 
     analysis).
       On its face, these provisions do not apply to facilities 
     within the Legislative Branch. For example, covered entities 
     do not ``own'' the buildings or facilities housing a place of 
     public accommodation in the way that private entities do. 
     Similarly, the Board is unaware of any situations in which an 
     otherwise covered entity within the Legislative Branch may 
     ``lease'' its facilities to another Legislative Branch 
     entity. The only lease agreements of which the Board is aware 
     would be between otherwise covered entities and persons or 
     entities over which the CAA has no jurisdiction. For example, 
     the General Services Administration or a private building 
     owner may lease space to Congressional offices, but neither 
     entity would fall within the CAA's definition of a covered 
     entity.
       Although the concepts of ``ownership'' or ``leasing'' do 
     not appear to apply to facilities within the Legislative 
     Branch, the Architect of the Capitol does have statutory 
     superintendence responsibility for certain legislative branch 
     buildings and facilities, including the Capitol Building, 
     which includes duties and responsibilities analogous to those 
     of a ``landlord''. See 40 U.S.C. Sec. Sec.  163-166 (Capitol 
     Building), 167-175 and 185a (House and Senate office 
     buildings), 193a (Capitol grounds), and 216b (Botanical 
     Garden). As noted in section B.2 of this Notice, infra, the 
     concept of ``superintendence'' may be relevant to determining 
     whether an entity ``operates'' a place of public 
     accommodation within the meaning of section 210(b). Although 
     the provisions of section 36.201(b) of the Attorney General's 
     regulations are not directly applicable, the Board believes 
     that, where two or more entities may have compliance 
     obligations under section 210(b) as ``responsible entities'' 
     under the proposed regulations, those entities should have 
     the ability to allocate responsibility by agreement similar 
     to the case of landlords and tenants with respect to public 
     accommodations under Title III of the ADA. Thus, the proposed 
     regulations adopt such provisions modeled after section 
     36.201(b) of the Attorney General's regulations. However, by 
     promulgating this provision, the Board does not intend any 
     substantive change in the statutory responsibility of 
     entities under section 210(b) or the applicable substantive 
     rights and protections of the ADA applied thereunder. See 142 
     Cong. Rec. at S270 (final rule under section 205 of the CAA 
     substitutes the term ``privatization'' for ``sale of 
     business'' in the Secretary of Labor's regulations under the 
     Worker Adjustment Retraining and Notification Act).
       b. Effective dates.--Section 36.401(a) of the Attorney 
     General's regulations provides generally that all facilities 
     designed and constructed for first occupancy later than 
     January 26, 1993 (30 months after the date of enactment of 
     the ADA) must be readily accessible to and usable by 
     individual with disabilities. Section 36.401 implements 
     section 303 of the ADA, which is applied to covered 
     facilities under section 210(b) of the CAA. Section 303 
     provides the compliance date regarding new construction is 30 
     months after the date of enactment. Consistent with its 
     resolution of a similar issue with respect to adoption of the 
     Attorney General's Title II regulations, the Board proposes 
     to substitute a date 30 months after the date of enactment of 
     section 210 of the CAA (i.e., July 23, 1997) in the places 
     that it appears in section 36.401(a)(1), (a)(2), (a)(2)(i), 
     and (a)(2)(ii). In the Board's judgment, making such changes 
     satisfies the CAA's ``good cause'' requirement. Similarly, 
     the Board will substitute the effective date of section 210 
     of the CAA (January 1, 1997) for the effective date of Titles 
     II and III of the ADA (July 26, 1992) wherever it appears in 
     sections 36.151, 36.401, 36.402, and 36.403 to give covered 
     entities the equivalent time benefits under the CAA that 
     public and private entities enjoyed prior to the effective 
     date of their obligations under the ADA. See 56 Fed. Reg. 
     7452, 7472 (Feb. 22, 1991) (preamble to NPRM regarding Part 
     36), and section 3.d. of this Notice (similar resolution of 
     issue under Part 35 regulations). Other dates contained in 
     these regulations are derived from the statutory provisions 
     of the ADA. The Board has determined there is ``good cause'' 
     to substitute dates that correspond to analogous periods for 
     the purposes of the CAA.
       c. Retaliation or coercion (section 36.206).--Section 
     36.206 of the Attorney General's regulations implements 
     section 503 of the ADA, which prohibits retaliation against 
     any individual who exercises his or her rights under the ADA. 
     56 Fed. Reg. at 7462-63 (preamble to NPRM regarding Part 36); 
     28 CFR pt. 36, App. B at 598 (section-by-section analysis). 
     Section 36.206 is not a provision which implements a right or 
     protection applied to covered entities under section 210(b) 
     of the CAA and therefore will not be included within the

[[Page H10680]]

     adopted regulations. The Board notes, however, that section 
     207 of the CAA provides a comprehensive retaliation 
     protection for employees (including applicants and former 
     employees) who may invoke their rights under section 210, 
     although section 207 does not apply to nonemployees who may 
     enjoy rights and protections against discrimination under 
     section 210.
       d. Places of public accommodations in private residences 
     (section 36.207).--Section 36.207 of the Attorney General's 
     regulations deals with the situation where all or part of a 
     home may be used to house a place of public accommodation. 
     See 28 CFR pt. 36, App. B at 599 (section-by-section 
     analysis). The Board takes notice that some Members of the 
     Congress may use all or part of their own residences as a 
     District or State office in which they may receive 
     constituents, conduct meetings, and other activities which 
     may result in the area being deemed a place of public 
     accommodation within the meaning of section 210 of the CAA. 
     Therefore, the Board proposes adoption of this provision.
       e. Insurance provisions (section 36.212).--Section 36.212 
     of the Attorney General's regulations restates section 501(c) 
     of the ADA, which provides that the ADA shall not be 
     construed to restrict certain insurance practices on the part 
     of insurance companies and employers, so long as such 
     practices are not used to evade the purposes of the ADA. See 
     56 Fed. Reg. at 7464-65 (preamble to NPRM regarding Part 36); 
     28 CFR pt. 36, App. B at 603 (section-by-section analysis). 
     As a limitation on the scope of the rights and protections of 
     Title III of the ADA, these provisions may be applied under 
     the CAA. See section 225(f) of the CAA, 2 U.S.C. 
     Sec. 1361(f). Although section 36.212 appears intended 
     primarily to cover insurance companies, some of the terms of 
     its provisions may be broad enough to have applicability to 
     covered entities. Accordingly, the Board proposes to adopt, 
     with appropriate modifications, section 36.212.
       f. Enforcement Procedures (Subpart E).--Subpart E of the 
     Attorney General's regulations (sections 36.501 through 
     36.599) set forth the enforcement procedures under Title III 
     of the ADA. As the Justice Department noted in its NPRM 
     regarding subpart E, the Department of Justice does not have 
     the authority to establish procedures for judicial review and 
     enforcement and, therefore, ``Subpart E generally restates 
     the statutory procedures for enforcement''. 28 CFR pt. 36, 
     App. B at 638 (section-by-section analysis). Additionally, 
     the regulations derive from the provisions of section 308 of 
     the ADA, which is not applied to covered entities under 
     section 210(b) of the CAA. Thus, the regulations in subpart E 
     are not promulgated by the Attorney General as substantive 
     regulations to implement the statutory provisions of the ADA 
     referred to in section 210(b), within the meaning of section 
     210(e).
       g. Certification of State Laws or Local Building Codes 
     (subpart F).--Subpart F of the Attorney General's regulations 
     establishes procedures to implement section 308(b)(1)(A)(ii) 
     of the ADA regarding compliance with State laws or building 
     codes as evidence of compliance with accessibility standards 
     under the ADA. 28 CFR pt. 36, App. B at 640 (section-by-
     section analysis). Section 308 is not one of the laws applied 
     to covered entities under section 210(b) of the CAA and, 
     therefore, these regulations will not be adopted under 
     section 210(e).
       h. Appendices to Part 36.--Part 36 of the Attorney 
     General's regulations includes two appendices, only one of 
     which the Board proposes to adopt as part of these 
     regulations. The Board proposes to adopt as an appendix to 
     these regulations Appendix A (ADA Accessibility Guidelines 
     for Buildings and Facilities (``ADAAG'')), which provides 
     guidance regarding the design, construction, and alteration 
     of buildings and facilities covered by Titles II and III of 
     the ADA. 28 CFR pt. 36, App. A. The Board also proposes to 
     adopt as Appendix B to these regulations the Uniform Federal 
     Accessibility Standards (UFAS) (Appendix A to 41 CFR pt. 101-
     19.6). Such guidelines, where not inconsistent with express 
     provisions of the CAA or of the regulations adopted by the 
     Board, may be relied upon by covered entities and others in 
     proceedings under section 210 of the CAA to the same extent 
     as similarly situated persons may rely upon them in actions 
     brought under Title III of the ADA. See 142 Cong. Rec. at 
     S222 and 141 Cong. Rec. at S17606 (similar resolution 
     regarding Secretary of Labor's interpretative bulletins under 
     the Fair Labor Standards Act for section 203 purposes). 
     Covered entities may also use the Attorney General's ADA 
     Technical Assistance Manual and other similar publications 
     for guidance regarding their obligations under regulations 
     adopted by the Board without change.
        The Board proposes not to adopt Appendix B, the section-
     by-section analysis of Part 36. Since the Board has only 
     adopted portions of the Attorney General's Part 36 
     regulations and modified several provisions to conform to the 
     CAA, it does not appear appropriate to include Appendix B. 
     However, the Board notes that the section-by-section analysis 
     may have some relevance to interpreting the sections of Part 
     36 that the Board has adopted without change.
       5. Specific issues regarding the Secretary of 
     Transportation's title II and title III regulations (parts 37 
     and 38, 49 CFR).
       a. Definitions (section 37.3).--As noted above, the Board 
     will make technical and nomenclature changes to the included 
     regulations to adapt them to the CAA. In addition, certain 
     definitions in section 37.3 of the Secretary's regulations 
     relate strictly to implementation of Part II of Title II of 
     the ADA (sections 241 through 246), dealing with public 
     transportation by intercity and commuter rail. Sections 241 
     through 246 of the ADA were not within the rights and 
     protections applied to covered entities under section 210(b) 
     and, therefore, the regulations implementing such sections 
     are not substantive regulations of the Secretary required to 
     be adopted by the Board within the meaning of section 210(e). 
     Accordingly, the Board will exclude from its regulations the 
     definitions of terms such as ``commerce,'' ``commuter 
     authority,'' ``commuter rail car,'' ``commuter rail 
     transportation,'' ``intercity rail passenger car,'' and 
     ``intercity rail transportation,'' which relate to sections 
     241 through 246 of the ADA.
       b. Nondiscrimination (section 37.5).--Subsection (f) of 
     section 37.5 of the Secretary's regulations relates to 
     private entities primarily engaged in the business of 
     transporting people and whose operations affect commerce. 
     This subsection implements section 304 of the ADA, which is 
     not a right or protection applied to covered entities under 
     section 210(b) of the CAA. See 56 Fed. Reg. 13856, 13858 
     (April 4, 1991) (preamble to NPRM regarding Part 37). 
     Therefore, it is not a regulation of the Secretary included 
     within the scope of rulemaking under section 210(e) of the 
     CAA and will not be included in these regulations.
       c. References to the Administrator.--In several provisions 
     of the Secretary's regulations which the Board will include 
     as substantive regulations, reference is made to the 
     Administrator of the Federal Transit Administration 
     (``Administrator'' or ``FTA''). Several regulations provide 
     that entities may make requests to the Administrator for 
     waivers or other relief from the accessibility requirements 
     of the regulations. See, e.g., section 37.7(b) (determination 
     of equivalent facilitation), 37.71 (waiver of accessibility 
     requirements for new buses), 37.135 (submission of 
     paratransit plans), and 37.153 (FTA waiver determinations).
       These provisions will be invoked rarely, if at all. 
     Nevertheless, the Board proposes to adopt these provisions 
     and has determined that there is ``good cause'' to substitute 
     the General Counsel of the Office of Compliance for the 
     Administrator of the FTA. There is some concern that 
     authorizing the FTA, an executive branch agency, to relieve 
     covered entities from the accessibility requirements of 
     section 210 may be tantamount to executive enforcement of 
     section 210. See section 225(f)(3) (``This Act shall not be 
     construed to authorize enforcement by the executive branch of 
     this Act.''). In this context, the General Counsel, as the 
     officer responsible for investigating and prosecuting 
     complaints under section 210, see section 210(d) and (f) of 
     the CAA, is the appropriate analogue for the Administrator. 
     Moreover, if such a waiver request is made by covered 
     entities which requires FTA expertise, such assistance may be 
     obtained by the Executive Director through the use of 
     detailees or consultants. See CAA sections 210(f)(4) and 
     302(e) and (f).
       d. State Administering Agencies.-- Several portions of the 
     Secretary's regulations refer to obligations of entities 
     regulated by state agencies administering federal 
     transportation funds. See, e.g., sections 37.77(d) (requires 
     filing of equivalent service certificates with state 
     administering agency), 37.135(f) (submission of paratransit 
     development plan to state administering agency) and 37.145 
     (State comments on paratransit plans). Any references to 
     obligations not imposed on covered entities, such as state 
     law requirements and laws regulating entities that receive 
     Federal financial assistance, will be excluded from these 
     proposed regulations.
       e. Dates (sections 37.9, 37.71 through 37.87, 37.91, and 
     37.151).--There are several references in the Secretary's 
     regulations to dates from which duties commence and by which 
     certain action should be taken. See sections 37.9, 37.13, 
     37.41, 37.43, 37.47, 37.71 through 37.87, 37.91, and 37.151. 
     The dates set forth in the regulations are derived from the 
     statutory provisions of the ADA. See, e.g., 49 CFR, pt. 37, 
     App. D at 497, 501-02 (section-by-section analysis). The 
     Board has determined that there is ``good cause'' to 
     substitute dates which correspond to analogous periods for 
     purposes of the CAA.
       f. Administrative Enforcement (section 37.11).--Section 
     37.11 of the Secretary's regulations does not implement any 
     provision of the ADA applied to covered entities under 
     section 210 of the CAA. Moreover, the enforcement procedures 
     of section 210 are explicitly provided for in section 210(d) 
     (``Available Procedures''). Accordingly, this section will 
     not be included within the Board's proposed regulations. The 
     subject matter of enforcement procedures will be addressed, 
     if necessary, under the Office's procedural rules.
       g. Applicability and Transportation Facilities (subparts B 
     and C).--Certain sections of Subparts B (Applicability) and C 
     (Transportation Facilities) of the Secretary's regulations 
     were promulgated to implement sections 242 and 304 of the 
     ADA, provisions that are not applied to covered entities 
     under section 210(b) of the CAA or are otherwise inapplicable 
     to Legislative Branch entities. Therefore, the Board will 
     exclude the following sections from its substantive 
     regulations on that basis: 37.21(a)(2) and (b) (relating to 
     private entities under section 304 of the ADA and private 
     entities receiving Federal assistance from the Transportation 
     Department), 37.25 (university transportation systems), 37.29 
     (private taxi services), 37.33 (airport

[[Page H10681]]

     transportation systems), 37.37(a) and 37.37(e)-(g) (relating 
     to coverage of private entities and other entities under 
     section 304 of the ADA), and 37.49-37.57 (relating to 
     intercity and commuter rail systems). Similarly, the Board 
     proposes modifying sections 37.21(c), 37.37(d), and 37.37(h) 
     and other sections where references are made to requirements 
     or circumstances strictly encompassed by the provisions of 
     section 304 of the ADA and, therefore, not applicable to 
     covered entities under the CAA. See, e.g., sections 37.25-
     37.27 (transportation for elementary and secondary education 
     systems).
       h. Acquisition of Accessible Vehicles by Public Entities 
     (Subpart D).--Subpart D (sections 37.71 through 37.95) of the 
     Secretary's regulations relate to acquisition of accessible 
     vehicles by public entities. Certain sections of subpart D 
     were promulgated to implement sections 242 and 304 of the 
     ADA, which were not applied to covered entities under section 
     210(b) of the CAA, or are otherwise inapplicable to 
     Legislative Branch entities. Therefore, the Board will 
     exclude the following sections from its substantive 
     regulations on that basis: 37.87-37.91 and 37.93(b) (relating 
     to intercity and commuter rail service).
       i. Acquisition of Accessible Vehicles by Private Entities 
     (Subpart E).--Subpart E (sections 37.101 through 37.109) of 
     the Secretary's regulations relates to acquisition of 
     accessible vehicles by private entities. Section 37.101, 
     relating to acquisition of vehicles by private entities not 
     primarily engaged in the business of transporting people, 
     implements section 302 of the ADA, which is applied to 
     covered entities under section 210(b). Therefore, the Board 
     will adopt section 37.101 as part of its section 210(e) 
     regulations. Sections 37.103, 37.107, and 37.109 of the 
     regulations implement section 304 of the ADA, which is 
     inapplicable to covered entities under the ADA. Therefore, 
     the Board proposes not to include them within its substantive 
     regulations under section 210(e) of the CAA.
       j. Appendices to Part 37.--Part 37 of the Secretary's 
     regulations includes several appendices, only one of which 
     the Board proposes to adopt as part of these regulations. The 
     Board proposes to adopt as an appendix to these regulations 
     Appendix A (Standards for Accessible Transportation 
     Facilities, ADA Accessibility Guidelines for Buildings and 
     Facilities), which provides guidance regarding the design, 
     construction, and alteration of buildings and facilities 
     covered by Titles II and III of the ADA. 49 CFR pt. 37, App. 
     A. Such guidelines, where not inconsistent with express 
     provisions of the CAA or of the regulations adopted by the 
     Board, may be relied upon by covered entities and other in 
     proceedings under section 210 of the CAA to the same extent 
     as similarly situated persons may rely upon them in actions 
     brought under Title II and Title III of the ADA. See 142 
     Cong. Rec. at S222 and 141 Cong. Rec. at S17606 (similar 
     resolution regarding Secretary of Labor's interpretative 
     bulletins under the Fair Labor Standards Act for section 203 
     purposes).
       The Board proposes not to adopt Appendix B, which gives the 
     addresses of FTA regional offices. Such information is not 
     relevant to covered entities under the CAA. The Board also 
     proposes to adopt portions of Appendix C, which contain forms 
     for certification of equivalent service. The Board will 
     delete reference to the requirement that public entities 
     receiving financial assistance under the Federal Transit Act 
     submit the certification to their state program office before 
     procuring any inaccessible vehicle. This certification form 
     appears to be irrelevant to entities covered by the CAA and 
     therefore will not be adopted by the Board.
       Finally, the Board does not adopt Appendix D to Part 37, 
     the section-by-section analysis of Part 37. Since the Board 
     has only adopted portions of the Secretary's Part 37 
     regulations and has modified several provisions to conform to 
     the CAA, it does not appear appropriate to include Appendix 
     D. However, the Board notes that the section-by-section 
     analysis may have some relevance in interpreting the sections 
     of Part 37 that the Board has adopted without change.
       k. ADA Accessibility Specifications for Transportation 
     Vehicles (Part 38).--Part 38 of the Secretary's regulations 
     contains accessibility standards for all types of 
     transportation vehicles. Part 38 is divided into vehicle 
     types: Subpart B, Buses, Vans, and Systems; Subpart C, Rapid 
     Rail Vehicles and Systems; Subpart D, Light Rail Vehicles and 
     Systems; Subpart E, Commuter Rail Cars and Systems; Subpart 
     F, Intercity Rail Cars and Systems; Subpart G, Over-the-Road 
     Buses and Systems; and Subpart H, Other Vehicles and Systems. 
     Section 38.2 contains the concept of equivalent facilitation, 
     under which an entity is permitted to request approval for an 
     alternative method of compliance. As noted in section 5.c. of 
     this Notice, the Board proposes that such determinations be 
     made by the General Counsel rather than the Administrator.
       The Board proposes to adopt, with minimal technical and 
     nomenclature changes, the regulations contained in Part 38 
     and accompanying appendix, with the exception of the 
     following subparts which the Board has determined implement 
     portions of the ADA not applied to covered entities under 
     section 210(b) of the CAA and/or the Board believe have no 
     conceivable applicability to legislative branch operations: 
     Subpart E, Commuter Rail Cars and Systems; and Subpart F, 
     Intercity Rail Cars and Systems.

                        B. Proposed regulations

       1. General Provisions.--The proposed regulations include a 
     section on matters of general applicability including the 
     purpose and scope of the regulations, definitions, coverage, 
     and the administrative authority of the Board and the Office 
     of Compliance.
       2. Method for Identifying Responsible Entities and 
     Establishing Categories of Violations.--Section 210(e)(3) of 
     the CAA directs the Board to include in its regulations a 
     method for identifying, for purposes of section 210 and for 
     different categories of violations of subsection (b), the 
     entity responsible for correction of a particular violation. 
     In developing these proposed rules, the Board considered the 
     final Report of the General Counsel, which applied the public 
     services and accommodations standards of section 210 to 
     covered entities during his initial inspections under section 
     210(f). See Disability Access Report.
       In developing a method for identifying the entity 
     responsible for a correction of a violation of section 210, 
     the Board must consider the terms of section 210 of the CAA 
     and the precise nature of the obligations imposed on covered 
     entities under Titles II and III of the ADA under section 
     210(b). The Board cannot promulgate regulations which purport 
     to expand or limit these obligations contrary to the language 
     of the statute or the intent of Congress. See, e.g., White v. 
     I.N.S., 75 F.3d 213, 215 (5th Cir. 1996) (agency cannot 
     promulgate even substantive rules that are contrary to 
     statute; if intent of Congress is clear, agency must give 
     effect to that unambiguously expressed intent); Conlan v. 
     U.S. Dep't of Labor, 76 F.3d 271, 274 (9th Cir. 1996). As set 
     forth below, the Board has developed a method for identifying 
     the entity responsible for correction of a violation of 
     section 210(b) which includes providing definitions for terms 
     such as ``operate a place of public accommodation,'' and 
     ``public entity'' for the purpose of section 210.
       Section 210(b) applies the rights and protections of two 
     separate and independent provisions of the ADA to covered 
     entities:
       The rights and protections of Title II of the ADA (sections 
     201 through 230) applied by section 210(b) of the CAA deals 
     with ``public entities.'' It prohibits discrimination against 
     any qualified individual with a disability by any ``public 
     entity'' regarding all public activities, programs, and 
     services of that entity. Title II imposes an obligation on 
     public entities to make ``reasonable modifications to rules, 
     policies, or practices,'' to achieve ``the removal of 
     architectural, communication, or transportation barriers,'' 
     and to ensure ``provision of auxiliary aids and services.'' 
     Title II also includes provisions regarding accessibility of 
     public transportation systems.
       The rights and protections of Title III of the ADA applied 
     by section 210(b) of the CAA (sections 302, 303, and 309) 
     deals with ``public accommodations.'' It prohibits 
     discrimination on the basis of disability in the full and 
     equal enjoyment of the goods, services, facilities, 
     privileges, advantages, or accommodations of ``any place of 
     public accommodation.'' Specifically, such discrimination 
     includes: (1) discriminatory eligibility criteria; (2) 
     failure to make reasonable modifications; (3) failure to 
     provide auxiliary aids and services; (4) failure to remove 
     architectural barriers and communication barriers that are 
     structural in nature where removal of such barriers are 
     ``readily achievable''; and (5) failure to make goods, 
     services, facilities, privileges, advantages, or 
     accommodations available through alternative methods where 
     removal of barriers is not readily achievable. In contrast to 
     Title II, Title III defines a ``place of public 
     accommodation'' as ``private entities'' (which excludes 
     ``public entities'' covered under Title II) falling within 
     twelve specified categories of activities. Title III also 
     contains requirements regarding specified transportation 
     services.
       As set forth in the ADA, Title II and Title III were 
     designed to impose separate legal obligations (which are 
     expressed in slightly different terms) on two separate and 
     independent classes of actors: ``public entities'' (which 
     have Title II obligations) and private entities that are 
     ``places of public accommodation'' (which have Title III 
     obligations). Under the ADA, a public entity, by definition, 
     can never be subjected to Title III of the ADA, which covers 
     only private entities. Conversely, private entities cannot be 
     covered by Title II. See, e.g., 28 CFR, pt. 36, App. B at 587 
     (section-by-section analysis of Part 36) (``Facilities 
     operated by government agencies or other public entities as 
     defined in this section do not qualify as places of public 
     accommodation. The action of public entities are governed by 
     title II of the ADA''); ADA Title III Technical Assistance 
     Manual at p. 7 (1993).
       In section 210(b) of the CAA, Congress applied the rights 
     and protections of all of Title II and parts of Title III to 
     specified Legislative Branch entities without making either 
     Title's coverage mutually exclusive. Thus, in contrast to the 
     ADA, under the CAA, a single entity could conceivably have 
     obligations under both Title II and Title III, if it meets 
     the criteria for coverage under both Titles.
       The method developed by the Board in these regulations to 
     identify the entity responsible for correcting a violation of 
     section 210(b) is set forth in section 1.105 of the proposed 
     regulations. Section 1.105 is based on the Board's 
     interpretation of the statutory coverage for Legislative 
     Branch entities under Title II and Title III, as applied by 
     section 210(b).

[[Page H10682]]

       Under the proposed rule, the entity responsible for 
     correcting a violation of the obligations under Title II of 
     the ADA with respect to the provision of public services, 
     programs, or activities, as applied by section 210(b) is the 
     entity that, with respect to the particular violation, is a 
     covered ``public entity'' within the meaning of section 
     210(b) that provided the particular public service, program, 
     or activity that forms the basis of the violation. Similarly, 
     the entity responsible for correcting a violation of the 
     obligations under Title III of the ADA, as applied by section 
     210(b) is the entity that, with respect to the particular 
     violation, operates the ``place of public accommodation'' 
     within the meaning of section 210(b) that forms the basis of 
     the violation. Thus, the regulations distinguish responsible 
     entities for Title II and Title III purposes as follows:
       1. The rights and protections of Title II (sections 201 
     through 203 of the ADA): For the purpose of the rights and 
     protections against discrimination under Title II of the ADA, 
     the entity responsible for a violation would be any entity 
     listed in subsection (a) of section 210 of the CAA that is a 
     ``public entity'' as defined by section 210(b)(2) of the CAA 
     and that provided the public service, program, or activity 
     that formed the basis for the particular violation of Title 
     II set forth in the charge filed with the General Counsel or 
     the complaint filed by the General Counsel with the Office 
     under section 210(d) of the CAA. Conversely, if the entity is 
     not a ``public entity'' (that is, the entity provides no 
     public services, programs, or activities) or did not provide 
     the public service, program, or activity that formed the 
     basis for the particular violation of Title II, the entity is 
     not an ``entity responsible for correction of the violation'' 
     within the meaning of these regulations.
       2. The rights and protections of Title III (sections 302, 
     303, and 309 of the ADA): For the purpose of the rights and 
     protections against discrimination under Title III of the 
     ADA, the entity responsible for a violation would be any 
     entity listed in subsection (a) of section 210 of the CAA 
     that ``operates a place of public accommodation'' (as defined 
     in these regulations) that forms in whole or in part the 
     basis for the particular violation of Title III.
       a. ``Place of public accommodation.'' As used in these 
     regulations, the term ``place of public accommodation'' 
     follows the definition of section 301(7) of the ADA, with 
     appropriate modification to delete the phrase ``private'' and 
     the requirement that the activities affect commerce. These 
     modifications conform the definition to the CAA. See section 
     225(f) of the CAA, 2 U.S.C. Sec. 1361(f).
       b. ``Operate (a place of public accommodation).'' As 
     applied by section 210(b) of the CAA, section 302(a) of the 
     ADA prohibits discrimination on the basis of disability by 
     any ``[Legislative Branch entity that] owns, leases (or 
     leases to), or operates a place of public accommodation.'' On 
     its face, the terms ``owns, leases (or leases to)'' do not 
     apply to entities within the Legislative Branch. For example, 
     the Board is not aware of any individual covered entity that 
     ``owns'' the buildings or facilities housing a place of 
     public accommodation in the way that private entities do. 
     Similarly, the Board is unaware of any situations in which an 
     otherwise covered entity within the Legislative Branch may 
     ``lease'' its facilities to another Legislative Branch 
     entity. The only lease agreements of which the Board is aware 
     would be between otherwise covered entities and persons or 
     entities over which the CAA has no jurisdiction. For example, 
     the General Services Administration or a private building 
     owner may lease space to Congressional offices, but neither 
     entity would fall within the CAA's definition of covered 
     entity. Thus, the only issue in any case under Title III of 
     the ADA as applied under section 210 would be whether a 
     Legislative Branch entity ``operates'' a place of public 
     accommodation within the meaning of the ADA.
       The ADA does not define the term ``operate.'' Thus, the 
     Board ``construe[s] it in accord with its ordinary and 
     natural meaning.'' Smith v. United States, 113 S.Ct. 2050, 
     2054 (1993); White v. I.N.S., 75 F.3d 213, 215 (5th Cir. 
     1996), quoting Pioneer Investment Servs. v. Brunswick 
     Assocs., 113 S.Ct. 1489, 1495 (1993) (``Congress intends the 
     words in its enactments to carry their ordinary, 
     contemporary, common meaning.'').
       To ``operate,'' in the context of a business operation, 
     means ``to put or keep in operation,'' The Random House 
     College Dictionary 931 (Rev. ed. 1980), ``[t]o control or 
     direct the functioning of,'' Webster's II: New Riverside 
     Dictionary 823 (1988), ``[t]o conduct the affairs of; 
     manage,'' The American Heritage Dictionary 1268 (3d ed. 
     1992). Neff v. American Dairy Queen Corp., 58 F.3d 1063, 1066 
     (5th Cir. 1995), cert. denied 116 S.Ct. 704 (1996). See also 
     Webster's New Universal Unabridged Dictionary 1253 (2d ed. 
     1983) (``to superintend; to manage; to direct the affairs of; 
     as, to operate a mine.'').
       In Neff v. American Dairy Queen Corp., supra, the Fifth 
     Circuit considered the meaning of the term ``operate'' in the 
     ADA in the context of franchise store operations. The 
     plaintiff sued American Dairy Queen (``ADQ'') under Title III 
     of the ADA, arguing that the franchise agreement between ADQ 
     and its franchisee (R & S Dairy Queens), in which ADQ 
     retained the right to set standards for buildings and 
     equipment maintenance and the right to ``veto'' proposed 
     structural changes, made it an ``operator'' of the 
     franchisees' stores within the meaning of section 302. The 
     Fifth Circuit rejected this argument:
       ``Instead, the relevant question in this case is whether 
     ADQ, according to the terms of the franchise agreements with 
     R & S Dairy Queens, controls modification of the San Antonio 
     Stores to cause them to comply with the ADA. * * *

                           *   *   *   *   *

       ``In sum, while the terms of the [agreement] demonstrate 
     that ADQ retains the right to set standards for building and 
     equipment maintenance and to ``veto'' proposed structural 
     changes, we hold that this supervisory authority, without 
     more, is insufficient to support a holding that ADQ 
     ``operates,'' in the ordinary and natural meaning of that 
     term, the [franchisee store].'' 58 F.3d at 1068. The Board 
     finds the reasoning of the Neff court persuasive and adopts 
     its application of the term ``operate'' for Title III 
     purposes in these regulations.
       Specifically, for the purposes of determining 
     responsibility under Title III, an entity ``operates'' a 
     place of public accommodation if it superintends, directly 
     controls, or directs the functioning of or manages the 
     specific aspects of the public accommodation that constitute 
     an architectural barrier or a communication barrier that is 
     structural in nature or that otherwise forms the basis for a 
     violation of section 302 of the ADA, as applied by section 
     210(b) of the CAA. In addition, an entity ``operates'' a 
     place of public accommodation if it assigns such 
     superintendence, control, direction, or management to another 
     entity or person by means of contract or other arrangement. 
     An entity, whether or not a covered entity under these 
     regulations, which contracts with a covered entity stands in 
     the shoes of the covered entity for purposes of determining 
     the application of Title III requirements. Thus, the 
     definition of ``operate'' in these regulations ``includes 
     operation of the place of public accommodation by a person 
     under a contractual or other arrangement or relationship with 
     a covered entity.''
       In the absence of such a provision, it is possible that a 
     covered entity, instead of directly controlling the 
     inaccessible features of places of public accommodation, 
     could contract with a private entity, which would then manage 
     the accommodation in such a way as to maintain its 
     inaccessible features. Allowing such self-insulation from 
     liability would clearly conflict with the principles of the 
     ADA as applied by section 210(b) of the CAA. The proposed 
     definition is intended to prevent an otherwise covered entity 
     from ``contracting out'' of its Title III obligations. Where 
     the entity exercises no authority with respect to the 
     modification of the specific aspects of the facilities, 
     programs, activities, or other features of the place of 
     public accommodation that make them inaccessible within the 
     meaning of section 302 of the CAA, the proposed regulation 
     states that the entity does not ``operate'' the place of 
     public accommodation within the meaning of these regulations.
       Where an entity merely maintains the general authority to 
     set standards regarding a particular facility or condition at 
     issue, and to ``veto'' proposed changes in the facility or 
     condition, this oversight or supervisory authority, without 
     more, is insufficient to support a finding that the entity 
     ``operates'' the facility or condition within the meaning of 
     these regulations. See Neff, 58 F.3d at 1068. Conversely, if 
     the correction of a violation of section 210 of the CAA, 
     including the modification of the facility or condition at 
     issue, can only be accomplished with the active approval or 
     permission of a particular entity, then that entity 
     ``operates'' the facility or condition and is otherwise a 
     responsible entity under this section of the regulations, but 
     only to the extent that the entity withholds such approval or 
     permission.
       3. Future changes in the text of regulations of the 
     Attorney General and the Secretary which have been adopted by 
     the Board.--The Board proposes that the section 210 
     regulations adopt the text of the referenced portions of 
     parts the regulations of the Attorney General and the 
     Secretary of Transportation in effect as of the effective 
     date of these regulations. The Board takes notice that the 
     Attorney General and the Secretary have in recent years made 
     frequent changes, both technical and nontechnical, to their 
     Title II and Title III regulations and to the ADAAG standards 
     incorporated by reference therein. The Board interprets the 
     incorporation by reference in the text of the adopted Title 
     II and Title III regulations of documents (such as the ADAAG 
     standards at appendix A to Part 36) to include any future 
     changes to such documents. As the Office receives notice of 
     such changes by the Attorney General or the Secretary, it 
     will advise covered entities and employees as part of its 
     education and information activities. As to changes in the 
     text of the adopted regulations themselves, however, the 
     Board finds that, under the CAA statutory scheme, additional 
     Board rulemaking under section 210(e) will be required. The 
     Board believes that it should afford covered Legislative 
     Branch entities and employees potentially affected by 
     adoption of such changes the opportunity to comment on the 
     propriety of Board adoption of any such changes, and that the 
     Congress should have the opportunity to specifically approve 
     such adoption by the Board. The Board specifically invites 
     comments on this proposal.
       4. Technical and nomenclature changes.--The proposed 
     regulations make technical and nomenclature changes, where 
     appropriate, to conform to the provisions of the CAA.

[[Page H10683]]

       Recommended method of approval: The Board recommends that 
     (1) the version of the proposed regulations that shall apply 
     to the Senate and entities and facilities of the Senate be 
     approved by the Senate by resolution; (2) the version of the 
     proposed regulations that shall apply to the House of 
     Representatives and entities and facilities of the House of 
     Representatives be approved by the House of Representatives 
     by resolution; and (3) the version of the proposed 
     regulations that shall apply to other covered entities and 
     facilities be approved by the Congress by concurrent 
     resolution. Signed at Washington, D.C., on this 18th day of 
     September, 1996.
                                                    Glen D. Nager,
                         Chair of the Board, Office of Compliance.

      APPLICATION OF RIGHTS AND PROTECTIONS OF THE AMERICANS WITH 
DISABILITIES ACT OF 1990 RELATING TO PUBLIC SERVICES AND ACCOMMODATIONS 
     (SECTION 210 OF THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995)

Part 1--Matters of General Applicability to All Regulations Promulgated 
   Under Section 210 of the Congressional Accountability Act of 1995

     Sec.
     1.101  Purpose and scope
     1.102  Definitions
     1.103  Coverage
     1.104  Notice of protection
     1.105  Authority of the Board
     1.106  Method for identifying the entity responsible for 
         correction of violations of section 210
     Sec. 1.101  Purpose and scope.
       (a) Section 210 of the CAA. Enacted into law on January 23, 
     1995, the Congressional Accountability Act (``CAA'') directly 
     applies the rights and protections of eleven federal labor 
     and employment law and public access statutes to covered 
     employees and employing offices within the legislative 
     branch. Section 210(b) of the CAA provides that the rights 
     and protections against discrimination in the provision of 
     public services and accommodations established by the 
     provisions of Title II and III (sections 201 through 230, 
     302, 303, and 309) of the Americans With Disabilities Act of 
     1990, 42 U.S.C. Sec. Sec. 12131-12150, 12182, 12183, and 
     12189 (``ADA'') shall apply to the following entities:
       (1) each office of the Senate, including each office of a 
     Senator and each committee;
       (2) each office of the House of Representatives, including 
     each office of a Member of the House of Representatives and 
     each committee;
       (3) each joint committee of the Congress;
       (4) the Capitol Guide Service;
       (5) the Capitol Police;
       (6) the Congressional Budget Office;
       (7) the Office of the Architect of the Capitol (including 
     the Senate Restaurants and the Botanic Garden);
       (8) the Office of the Attending Physician and
       (9) the Office of Compliance.

     2 U.S.C. Sec. 1331(b). Title II of the ADA generally 
     prohibits discrimination on the basis of disability in the 
     provision of public services, programs, activities by any 
     ``public entity.'' Section 210(b)(2) of the CAA provides that 
     for the purpose of applying Title II of the ADA the term 
     ``public entity'' means any entity listed above that provides 
     public services, programs, or activities. Title III of the 
     ADA generally prohibits discrimination on the basis of 
     disability by public accommodations and requires places of 
     public accommodation and commercial facilities to be 
     designed, constructed, and altered in compliance with 
     accessibility standards. Section 225(f) of the CAA provides 
     that, ``[e]xcept where inconsistent with definitions and 
     exemptions provided in this Act, the definitions and 
     exemptions of the [ADA] shall apply under this Act.'' 2 
     U.S.C. Sec. 1361(f)(1).
       Section 210(f) of the CAA requires that the General Counsel 
     of the Office of Compliance on a regular basis, and at least 
     once each Congress, conduct periodic inspections of all 
     covered facilities and to report to Congress on compliance 
     with disability access standards under section 210. 2 U.S.C. 
     Sec. 1331(f).
       (b) Purpose and scope of regulations. The regulations set 
     forth herein (Parts 1, 35, 36, 37, and 38) are the 
     substantive regulations that the Board of Directors of the 
     Office of Compliance has promulgated pursuant to section 
     210(e) of the CAA. Part 1 contains the general provisions 
     applicable to all regulations under section 210, including 
     the method of identifying entities responsible for correcting 
     a violation of section 210. Part 35 contains the provisions 
     regarding nondiscrimination on the basis of disability in the 
     provision of public services, programs, or activities of 
     covered entities. Part 36 contains the provisions regarding 
     nondiscrimination on the basis of disability by public 
     accommodations. Part 37 contains the provisions regarding 
     transportation services for individuals with disabilities. 
     Part 38 contains the provisions regarding accessibility 
     specifications for transportation vehicles.
     Sec. 1.102  Definitions.
       Except as otherwise specifically provided in these 
     regulations, as used in these regulations:
       (a) Act or CAA means the Congressional Accountability Act 
     of 1995 (Pub. L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec. 1301-
     1438).
       (b) ADA means the Americans With Disabilities Act of 1990 
     (42 U.S.C. Sec. Sec. 12131-12150, 12182, 12183, and 12189) as 
     applied to covered entities by Section 210 of the CAA.
       (c) The term covered entity includes any of the following 
     entities that either provides public services, programs, or 
     activities, and/or that operates a place of public 
     accommodation within the meaning of section 210 of the CAA: 
     (1) each office of the Senate, including each office of a 
     Senator and each committee; (2) each office of the House of 
     Representatives, including each office of a Member of the 
     House of Representatives and each committee; (3) each joint 
     committee of the Congress; (4) the Capitol Guide Service; (5) 
     the Capitol Police; (6) the Congressional Budget Office; (7) 
     the Office of the Architect of the Capitol (including the 
     Senate Restaurants and the Botanic Garden); (8) the Office of 
     the Attending Physician; and (9) the Office of Compliance.
       (d) Board means the Board of Directors of the Office of 
     Compliance.
       (e) Office means the Office of Compliance.
       (f) General Counsel means the General Counsel of the Office 
     of Compliance.
     Sec. 1.103  Notice of protection.
       Pursuant to section 301(h) of the CAA, the Office shall 
     prepare, in a manner suitable for posting, a notice 
     explaining the provisions of section 210 of the CAA. Copies 
     of such notice may be obtained from the Office of Compliance.
     Sec. 1.104  Authority of the Board.
       Pursuant to sections 210 and 304 of the CAA, the Board is 
     authorized to issue regulations to implement the rights and 
     protections against discrimination on the basis of disability 
     in the provision of public services and accommodations under 
     the ADA. Section 210(e) of the CAA directs the Board to 
     promulgate regulations implementing section 210 that are 
     ``the same as substantive regulations promulgated by the 
     Attorney General and the Secretary of Transportation to 
     implement the statutory provisions referred to in subsection 
     (b) except to the extent that the Board may determine, for 
     good cause shown and stated together with the regulation, 
     that a modification of such regulations would be more 
     effective for the implementation of the rights and 
     protections under this section.'' 2 U.S.C. Sec. 1331(e). The 
     regulations issued by the Board herein are on all matters for 
     which section 210 of the CAA requires a regulation to be 
     issued. Specifically, it is the Board's considered judgment, 
     based on the information available to it at the time of 
     promulgation of these regulations, that, with the exception 
     of the regulations adopted and set forth herein, there are no 
     other ``substantive regulations promulgated by the Attorney 
     General and the Secretary of Transportation to implement the 
     statutory provisions referred to in subsection (b) [of 
     section 210 of the CAA]'' that need be adopted.
       In promulgating these regulations, the Board has made 
     certain technical and nomenclature changes to the regulations 
     as promulgated by the Attorney General and the Secretary. 
     Such changes are intended to make the provisions adopted 
     accord more naturally to situations in the Legislative 
     Branch. However, by making these changes, the Board does not 
     intend a substantive difference between these regulations and 
     those of the Attorney General and/or the Secretary from which 
     they are derived. Moreover, such changes, in and of 
     themselves, are not intended to constitute an interpretation 
     of the regulations or of the statutory provisions of the CAA 
     upon which they are based.
     Sec. 1.105  Method for identifying the entity responsible for 
         correction of violations of section 210.
       (a) Purpose and scope. Section 210(e)(3) of the CAA 
     provides that regulations under section 210(e) include a 
     method of identifying, for purposes of this section and for 
     categories of violations of section 210(b), the entity 
     responsible for correcting a particular violation. This 
     section 1.105 sets forth the method for identifying 
     responsible entities for the purpose of allocating 
     responsibility for correcting violations of section 210(b).
       (b) Categories of violations. Violations of the rights and 
     protections established in section 210(b) of the CAA that may 
     form the basis for a charge filed with the General Counsel 
     under section 210(d)(1) of the CAA or for a complaint filed 
     by the General Counsel under section 210(d)(3) of the CAA 
     fall into one (or both) of two categories:
       (i) Title II violations. A covered entity may violate 
     section 210(b) if it discriminates against a qualified 
     individual with a disability within the meaning of Title II 
     of the ADA (sections 210 through 230), as applied to 
     Legislative Branch entities under section 210(b) of the CAA.
       (ii) Title III violations. A covered entity may also 
     violate section 210(b) if it discriminates against a 
     qualified individual with a disability within the meaning of 
     Title III of the ADA (sections 302, 303, and 309), as applied 
     to Legislative Branch entities under section 210(b) of the 
     CAA.
       (c) Entity Responsible for Correcting a Violation of Title 
     II Rights and Protections. Correction of a violation of the 
     rights and protections against discrimination under Title II 
     of the ADA, as applied by section 210(b) of the CAA, is the 
     responsibility of any entity listed in subsection (a) of 
     section 210 of the CAA that is a ``public entity,'' as 
     defined by section 210(b)(2) of the CAA, and that provides 
     the specific public service, program, or activity that forms 
     the basis for the particular violation of Title II rights and 
     protections set forth in the charge of discrimination filed 
     with the General Counsel under section 210(d)(1) of the CAA 
     or the complaint filed by the General Counsel with the Office 
     under

[[Page H10684]]

     section 210(d)(3) of the CAA. As used in this section, an 
     entity provides a public service, program, or activity if it 
     does so itself, or by a person or other entity (whether 
     public or private and regardless of whether that entity is 
     covered under the CAA) under a contractual or other 
     arrangement or relationship with the entity.
       (d) Entity Responsible for Correction of Title III Rights 
     and Protections. Correction of a violation of the rights and 
     protections against discrimination under Title III of the 
     ADA, as applied by section 210(b) of the CAA, is the 
     responsibility of any entity listed in subsection (a) of 
     section 210 of the CAA that ``operates a place of public 
     accommodation'' (as defined in this section) that forms the 
     basis, in whole or in part, for the particular violation of 
     Title III rights and protections set forth in the charge 
     filed with the General Counsel under section 210(d)(1) of the 
     CAA and/or the complaint filed by the General Counsel with 
     the Office under section 210(d)(3) of the CAA.
       (i) Definitions.
       As used in this section:
       Public accommodation has the meaning set forth in Part 36 
     of these regulations.
       Operates, with respect to the operations of a place of 
     public accommodation, includes the superintendence, control, 
     management, or direction of the function of the aspects of 
     the public accommodation that constitute an architectural 
     barrier or communication barrier that is structural in 
     nature, or that otherwise forms the basis for a violation of 
     the rights and protections of Title III of the ADA as applied 
     under section 210(b) of the CAA.
       (ii) As used in this section, an entity operates a place of 
     public accommodation if it does so itself, or by a person or 
     other entity (whether public or private and regardless of 
     whether that entity is covered under the CAA) under a 
     contractual or other arrangement or relationship with the 
     entity.
       (e) Allocation of Responsibility for Correction of Title II 
     and/or Title III Violations. Where more than one entity is 
     deemed an entity responsible for correction of a violation of 
     Title II and/or Title III rights and protections under the 
     method set forth in this section, as between those parties, 
     allocation of responsibility for complying with the 
     obligations of Title II and/or Title III of the ADA as 
     applied by section 210(b), and for correction of violations 
     thereunder, may be determined by contract or other 
     enforceable arrangement or relationship.

    Part 35--Nondiscrimination on the Basis of Disability in Public 
                   Services, Programs, or Activities

                           Subpart A--General

     Sec.
     35.101  Purpose.
     35.102  Application.
     35.103  Relationship to other laws.
     35.104  Definitions.
     35.105  Self-evaluation.
     35.106  Notice.
     35.107  Designation of responsible employee and adoption of 
         grievance procedures.
     35.108-35.129  [Reserved]

                    Subpart B--General Requirements

     35.130  General prohibitions against discrimination.
     35.131  Illegal use of drugs.
     35.132  Smoking.
     35.133  Maintenance of accessible features.
     35.134  [Reserved]
     35.135  Personal devices and services.
     35.136-35.139  [Reserved]

                         Subpart C--Employment

     35.140  Employment discrimination prohibited.
     35.141-35.148  [Reserved]

                    Subpart D--Program Accessibility

     35.149  Discrimination prohibited.
     35.150  Existing facilities.
     35.151  New construction and alterations.
     35.152-35.159  [Reserved]

                       Subpart E--Communications

     35.160  General.
     35.161  Text telephones (TTY's).
     35.162  Telephone emergency services.
     35.163  Information and signage.
     35.164  Duties.
     35.165-35.169-[Reserved]
     35.170-35.189-[Reserved]
     35.190-35.999-[Reserved]


                           Subpart A--General

     Sec. 35.101 Purpose.
       The purpose of this part is to effectuate section 210 of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 1331 
     et seq.) which, inter alia, applies the rights and 
     protections of subtitle A of title II of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12131-12150), which 
     prohibits discrimination on the basis of disability by public 
     entities.
     Sec. 35.102 Application.
       (a) Except as provided in paragraph (b) of this section, 
     this part applies to all public services, programs, and 
     activities provided or made available by public entities as 
     defined by section 210 of the Congressional Accountability 
     Act of 1995.
       (b) To the extent that public transportation services, 
     programs, and activities of public entities are covered by 
     subtitle B of title II of the ADA, as applied by section 210 
     of the Congressional Accountability Act, they are not subject 
     to the requirements of this part.
     Sec. 35.103 Relationship to other laws.
       (a) Rule of interpretation. Except as otherwise provided in 
     this part, this part shall not be construed to apply a lesser 
     standard than the standards applied under title V of the 
     Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations 
     issued by Federal agencies pursuant to that title.
       (b) Other laws. This part does not invalidate or limit the 
     remedies, rights, and procedures of any other Federal laws 
     otherwise applicable to covered entities that provide greater 
     or equal protection for the rights of individuals with 
     disabilities or individuals associated with them.
     Sec. 35.104 Definitions.
       For purposes of this part, the term--
       Act or CAA means the Congressional Accountability Act of 
     1995 (Pub. L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec. 1301-
     1438).
       ADA means the Americans with Disabilities Act (Pub. L. 101-
     336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 
     and 611), as applied to covered entities by section 210 of 
     the CAA.
       Auxiliary aids and services includes--
       (1) Qualified interpreters, notetakers, transcription 
     services, written materials, telephone handset amplifiers, 
     assistive listening devices, assistive listening systems, 
     telephones compatible with hearing aids, closed caption 
     decoders, open and closed captioning, text telephones 
     (TTY's), 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; 
     and
       (4) Other similar services and actions.
       Board means the Board of Directors of the Office of 
     Compliance.
       Current illegal use of drugs means illegal use of drugs 
     that occurred recently enough to justify a reasonable belief 
     that a person's drug use is current or that continuing use is 
     a real and ongoing problem.
       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, genitourinary, 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 phrase physical or mental impairment includes, but 
     is not limited to, such contagious and 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 (whether symptomatic or 
     asymptomatic), 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.
       (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.
       (4) The phrase is regarded as having an impairment means--
       (i) Has a physical or mental impairment that does not 
     substantially limit major life activities but that is treated 
     by a public entity as constituting such a limitation;
       (ii) Has a physical or mental impairment that substantially 
     limits major life activities only as a result of the 
     attitudes of others toward such impairment; or
       (iii) Has none of the impairments defined in paragraph (1) 
     of this definition but is treated by a public 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; or
       (iii) Psychoactive substance use disorders resulting from 
     current illegal use of drugs.
       Drug means a controlled substance, as defined in schedules 
     I through V of section 202 of the Controlled Substances Act 
     (21 U.S.C. 812).
       Facility means all or any portion of buildings, structures, 
     sites, complexes, equipment, rolling stock or other 
     conveyances, roads, walks, passageways, parking lots, or 
     other real or personal property, including the site where the 
     building, property, structure, or equipment is located.
       General Counsel means the General Counsel of the Office of 
     Compliance.
       Historic preservation programs means programs conducted by 
     a public entity that have preservation of historic properties 
     as a primary purpose.

[[Page H10685]]

       Historic properties means those properties that are listed 
     or eligible for listing in the National Register of Historic 
     Places or properties designated as historic under State or 
     local law.
       Illegal use of drugs means the use of one or more drugs, 
     the possession or distribution of which is unlawful under the 
     Controlled Substances Act (21 U.S.C. 812). The term illegal 
     use of drugs does not include the use of a drug taken under 
     supervision by a licensed health care professional, or other 
     uses authorized by the Controlled Substances Act or other 
     provisions of Federal law.
       Individual with a disability means a person who has a 
     disability. The term individual with a disability does not 
     include an individual who is currently engaging in the 
     illegal use of drugs, when the public entity acts on the 
     basis of such use.
       Public entity means any of the following entities that 
     provides public services, programs, or activities:
       (1) each office of the Senate, including each office of a 
     Senator and each committee;
       (2) each office of the House of Representatives, including 
     each office of a Member of the House of Representatives and 
     each committee;
       (3) each joint committee of the Congress;
       (4) the Capitol Guide Service;
       (5) the Capitol Police;
       (6) the Congressional Budget Office;
       (7) the Office of the Architect of the Capitol (including 
     the Senate Restaurants and the Botanic Garden);
       (8) the Office of the Attending Physician; and
       (9) the Office of Compliance.
       Qualified individual with a disability means an individual 
     with a disability who, with or without reasonable 
     modifications to rules, policies, or practices, the removal 
     of architectural, communication, or transportation barriers, 
     or the provision of auxiliary aids and services, meets the 
     essential eligibility requirements for the receipt of 
     services or the participation in programs or activities 
     provided by a public entity.
       Qualified interpreter means an interpreter who is able to 
     interpret effectively, accurately, and impartially both 
     receptively and expressively, using any necessary specialized 
     vocabulary.
       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.
     Sec. 35.105 Self-evaluation.
       (a) A public entity shall, within one year of the effective 
     date of this part, evaluate its current services, policies, 
     and practices, and the effects thereof, that do not or may 
     not meet the requirements of this part and, to the extent 
     modification of any such services, policies, and practices is 
     required, the public entity shall proceed to make the 
     necessary modifications.
       (b) A public entity shall provide an opportunity to 
     interested persons, including individuals with disabilities 
     or organizations representing individuals with disabilities, 
     to participate in the self-evaluation process by submitting 
     comments.
       (c) A public entity that employs 50 or more persons shall, 
     for at least three years following completion of the self-
     evaluation, maintain on file and make available for public 
     inspection:
       (1) A list of the interested persons consulted;
       (2) A description of areas examined and any problems 
     identified; and
       (3) A description of any modifications made.
     Sec. 35.106 Notice.
       A public entity shall make available to applicants, 
     participants, beneficiaries, and other interested persons 
     information regarding the provisions of this part and its 
     applicability to the public services, programs, or activities 
     of the public entity, and make such information available to 
     them in such manner as the head of the entity finds necessary 
     to apprise such persons of the protections against 
     discrimination assured them by the CAA and this part.
     Sec. 35.107 Designation of responsible employee and adoption 
         of grievance procedures.
       (a) Designation of responsible employee. A public entity 
     that employs 50 or more persons shall designate at least one 
     employee to coordinate its efforts to comply with and carry 
     out its responsibilities under this part, including any 
     investigation of any complaint communicated to it alleging 
     its noncompliance with this part or alleging any actions that 
     would be prohibited by this part. The public entity shall 
     make available to all interested individuals the name, office 
     address, and telephone number of the employee or employees 
     designated pursuant to this paragraph.
       (b) Complaint procedure. A public entity that employs 50 or 
     more persons shall adopt and publish grievance procedures 
     providing for prompt and equitable resolution of complaints 
     alleging any action that would be prohibited by this part.
     Sec. Sec. 35.108-35.129 [Reserved]


                    Subpart B--General Requirements

     Sec. 35.130 General prohibitions against discrimination.
       (a) No qualified individual with a disability shall, on the 
     basis of disability, be excluded from participation in or be 
     denied the benefits of the public services, programs, or 
     activities of a public entity, or be subjected to 
     discrimination by any public entity.
       (b)(1) A public entity, in providing any public aid, 
     benefit, or service, may not, directly or through 
     contractual, licensing, or other arrangements, on the basis 
     of disability--
       (i) Deny a qualified individual with a disability the 
     opportunity to participate in or benefit from the public aid, 
     benefit, or service;
       (ii) Afford a qualified individual with a disability an 
     opportunity to participate in or benefit from the public aid, 
     benefit, or service that is not equal to that afforded 
     others;
       (iii) Provide a qualified individual with a disability with 
     a public aid, benefit, or service that is not as effective in 
     affording equal opportunity to obtain the same result, to 
     gain the same benefit, or to reach the same level of 
     achievement as that provided to others;
       (iv) Provide different or separate public aids, benefits, 
     or services to individuals with disabilities or to any class 
     of individuals with disabilities than is provided to others 
     unless such action is necessary to provide qualified 
     individuals with disabilities with public aids, benefits, or 
     services that are as effective as those provided to others;
       (v) Aid or perpetuate discrimination against a qualified 
     individual with a disability by providing significant 
     assistance to an agency, organization, or person that 
     discriminates on the basis of disability in providing any 
     public aid, benefit, or service to beneficiaries of the 
     public entity's program;
       (vi) Deny a qualified individual with a disability the 
     opportunity to participate as a member of planning or 
     advisory boards;
       (vii) Otherwise limit a qualified individual with a 
     disability in the enjoyment of any right, privilege, 
     advantage, or opportunity enjoyed by others receiving the 
     public aid, benefit, or service.
       (2) A public entity may not deny a qualified individual 
     with a disability the opportunity to participate in public 
     services, programs, or activities that are not separate or 
     different, despite the existence of permissibly separate or 
     different programs or activities.
       (3) A public entity may not, directly or through 
     contractual or other arrangements, utilize criteria or 
     methods of administration:
       (i) That have the effect of subjecting qualified 
     individuals with disabilities to discrimination on the basis 
     of disability;
       (ii) That have the purpose or effect of defeating or 
     substantially impairing accomplishment of the objectives of 
     the public entity's public program with respect to 
     individuals with disabilities; or
       (iii) That perpetuate the discrimination of another public 
     entity if both public entities are subject to common 
     administrative control.
       (4) A public entity may not, in determining the site or 
     location of a facility, make selections--
       (i) That have the effect of excluding individuals with 
     disabilities from, denying them the public benefits of, or 
     otherwise subjecting them to discrimination; or
       (ii) That have the purpose or effect of defeating or 
     substantially impairing the accomplishment of the objectives 
     of the public service, program, or activity with respect to 
     individuals with disabilities.
       (5) A public entity, in the selection of procurement 
     contractors, may not use criteria that subject qualified 
     individuals with disabilities to discrimination on the basis 
     of disability.
       (6) A public entity may not administer a licensing or 
     certification program in a manner that subjects qualified 
     individuals with disabilities to discrimination on the basis 
     of disability, nor may a public entity establish requirements 
     for the public programs or activities of licensees or 
     certified entities that subject qualified individuals with 
     disabilities to discrimination on the basis of disability. 
     The public programs or activities of entities that are 
     licensed or certified by a public entity are not, themselves, 
     covered by this part.
       (7) A public entity shall make reasonable modifications in 
     policies, practices, or procedures when the modifications are 
     necessary to avoid discrimination on the basis of disability, 
     unless the public entity can demonstrate that making the 
     modifications would fundamentally alter the nature of the 
     public service, program, or activity.
       (8) A public entity shall not impose or apply eligibility 
     criteria that screen out or tend to screen out an individual 
     with a disability or any class of individuals with 
     disabilities from fully and equally enjoying any public 
     service, program, or activity, unless such criteria can be 
     shown to be necessary for the provision of the public 
     service, program, or activity being offered.
       (c) Nothing in this part prohibits a public entity from 
     providing public benefits, services, or advantages to 
     individuals with disabilities, or to a particular class of 
     individuals with disabilities beyond those required by this 
     part.
       (d) A public entity shall administer public services, 
     programs, and activities in the most integrated setting 
     appropriate to the needs of qualified individuals with 
     disabilities.
       (e)(1) Nothing in this part shall be construed to require 
     an individual with a disability to accept an accommodation, 
     aid, service, opportunity, or benefit provided under the CAA 
     or this part which such individual chooses not to accept.
       (2) Nothing in the CAA or this part authorizes the 
     representative or guardian of an individual with a disability 
     to decline food,

[[Page H10686]]

     water, medical treatment, or medical services for that 
     individual.
       (f) A public entity may not place a surcharge on a 
     particular individual with a disability or any group of 
     individuals with disabilities to cover the costs of measures, 
     such as the provision of auxiliary aids or program 
     accessibility, that are required to provide that individual 
     or group with the nondiscriminatory treatment required by the 
     CAA or this part.
       (g) A public entity shall not exclude or otherwise deny 
     equal public services, programs, or activities to an 
     individual or entity because of the known disability of an 
     individual with whom the individual or entity is known to 
     have a relationship or association.
     Sec. 35.131 Illegal use of drugs.
       (a) General. (1) Except as provided in paragraph (b) of 
     this section, this part does not prohibit discrimination 
     against an individual based on that individual's current 
     illegal use of drugs.
       (2) A public entity shall not discriminate on the basis of 
     illegal use of drugs against an individual who is not 
     engaging in current illegal use of drugs and who--
       (i) Has successfully completed a supervised drug 
     rehabilitation program or has otherwise been rehabilitated 
     successfully;
       (ii) Is participating in a supervised rehabilitation 
     program; or
       (iii) Is erroneously regarded as engaging in such use.
       (b) Health and drug rehabilitation services. (1) A public 
     entity shall not deny public health services, or public 
     services provided in connection with drug rehabilitation, to 
     an individual on the basis of that individual's current 
     illegal use of drugs, if the individual is otherwise entitled 
     to such services.
       (2) A drug rehabilitation or treatment program may deny 
     participation to individuals who engage in illegal use of 
     drugs while they are in the program.
       (c) Drug testing. (1) This part does not prohibit a public 
     entity from adopting or administering reasonable policies or 
     procedures, including but not limited to drug testing, 
     designed to ensure that an individual who formerly engaged in 
     the illegal use of drugs is not now engaging in current 
     illegal use of drugs.
       (2) Nothing in paragraph (c) of this section shall be 
     construed to encourage, prohibit, restrict, or authorize the 
     conduct of testing for the illegal use of drugs.
     Sec. 35.132 Smoking.
       This part does not preclude the prohibition of, or the 
     imposition of restrictions on, smoking in transportation 
     covered by this part.
     Sec. 35.133 Maintenance of accessible features.
       (a) A public entity shall maintain in operable working 
     condition those features of facilities and equipment that are 
     required to be readily accessible to and usable by persons 
     with disabilities by the CAA or this part.
       (b) This section does not prohibit isolated or temporary 
     interruptions in service or access due to maintenance or 
     repairs.
     Sec. 35.134 [Reserved]
     Sec. 35.135 Personal devices and services.
       This part does not require a public entity to provide to 
     individuals with disabilities personal devices, such as 
     wheelchairs; individually prescribed devices, such as 
     prescription eyeglasses or hearing aids; readers for personal 
     use or study; or services of a personal nature including 
     assistance in eating, toileting, or dressing.
     Sec. Sec. 35.136-35.139 [Reserved]


                         Subpart C--Employment

     Sec. 35.140 Employment discrimination prohibited.
       (a) No qualified individual with a disability shall, on the 
     basis of disability, be subjected to discrimination in 
     employment under any service, program, or activity conducted 
     by a public entity.
       (b)(1) For purposes of this part, the requirements of title 
     I of the Americans With Disabilities Act (``ADA''), as 
     established by the regulations of the Equal Employment 
     Opportunity Commission in 29 CFR part 1630, apply to 
     employment in any service, program, or activity conducted by 
     a public entity if that public entity is also subject to the 
     jurisdiction of title I of the ADA, as applied by section 201 
     of the CAA.
       (2) For the purposes of this part, the requirements of 
     section 504 of the Rehabilitation Act of 1973, as established 
     by the regulations of the Department of Justice in 28 CFR 
     part 41, as those requirements pertain to employment, apply 
     to employment in any service, program, or activity conducted 
     by a public entity if that public entity is not also subject 
     to the jurisdiction of title I of the ADA, as applied by 
     section 201 of the CAA.
       (c) Notwithstanding anything contained in this subpart, 
     with respect to any claim of employment discrimination 
     asserted by any covered employee, the exclusive remedy shall 
     be under section 201 of the CAA.
     Sec. Sec. 35.141-35.148 [Reserved]


                    Subpart D--Program Accessibility

     Sec. 35.149 Discrimination prohibited.
       Except as otherwise provided in Sec. 35.150, no qualified 
     individual with a disability shall, because a public entity's 
     facilities are inaccessible to or unusable by individuals 
     with disabilities, be excluded from participation in, or be 
     denied the benefits of the public services, programs, or 
     activities of a public entity, or be subjected to 
     discrimination by any public entity.
     Sec. 35.150 Existing facilities.
       (a) General. A public entity shall operate each public 
     service, program, or activity so that the public service, 
     program, or activity, when viewed in its entirety, is readily 
     accessible to and usable by individuals with disabilities. 
     This paragraph does not--
       (1) Necessarily require a public entity to make each of its 
     existing facilities accessible to and usable by individuals 
     with disabilities;
       (2) Require a public entity to take any action that would 
     threaten or destroy the historic significance of an historic 
     property; or
       (3) Require a public entity to take any action that it can 
     demonstrate would result in a fundamental alteration in the 
     nature of a public service, program, or activity or in undue 
     financial and administrative burdens. In those circumstances 
     where personnel of the public entity believe that the 
     proposed action would fundamentally alter the public service, 
     program, or activity or would result in undue financial and 
     administrative burdens, a public entity has the burden of 
     proving that compliance with Sec. 35.150(a) of this part 
     would result in such alteration or burdens. The decision that 
     compliance would result in such alteration or burdens must be 
     made by the head of a public entity or his or her designee 
     after considering all resources available for use in the 
     funding and operation of the service, program, or activity, 
     and must be accompanied by a written statement of the reasons 
     for reaching that conclusion. If an action would result in 
     such an alteration or such burdens, a public entity shall 
     take any other action that would not result in such an 
     alteration or such burdens but would nevertheless ensure that 
     individuals with disabilities receive the public benefits or 
     services provided by the public entity.
       (b) Methods--(1) General. A public entity may comply with 
     the requirements of this section through such means as 
     redesign of equipment, reassignment of services to accessible 
     buildings, assignment of aides to beneficiaries, home visits, 
     delivery of services at alternate accessible sites, 
     alteration of existing facilities and construction of new 
     facilities, use of accessible rolling stock or other 
     conveyances, or any other methods that result in making its 
     public services, programs, or activities readily accessible 
     to and usable by individuals with disabilities. A public 
     entity is not required to make structural changes in existing 
     facilities where other methods are effective in achieving 
     compliance with this section. A public entity, in making 
     alterations to existing buildings, shall meet the 
     accessibility requirements of Sec. 35.151. In choosing among 
     available methods for meeting the requirements of this 
     section, a public entity shall give priority to those methods 
     that offer public services, programs, and activities to 
     qualified individuals with disabilities in the most 
     integrated setting appropriate.
       (2) Historic preservation programs. In meeting the 
     requirements of Sec. 35.150(a) in historic preservation 
     programs, a public entity shall give priority to methods that 
     provide physical access to individuals with disabilities. In 
     cases where a physical alteration to an historic property is 
     not required because of paragraph (a)(2) or (a)(3) of this 
     section, alternative methods of achieving program 
     accessibility include--
       (i) Using audio-visual materials and devices to depict 
     those portions of an historic property that cannot otherwise 
     be made accessible;
       (ii) Assigning persons to guide individuals with handicaps 
     into or through portions of historic properties that cannot 
     otherwise be made accessible; or
       (iii) Adopting other innovative methods.
       (c) Time period for compliance. Where structural changes in 
     facilities are undertaken to comply with the obligations 
     established under this section, such changes shall be made by 
     within three years of January 1, 1997, but in any event as 
     expeditiously as possible.
       (d) Transition plan. (1) In the event that structural 
     changes to facilities will be undertaken to achieve program 
     accessibility, a public entity that employs 50 or more 
     persons shall develop, within six months of January 1, 1997, 
     a transition plan setting forth the steps necessary to 
     complete such changes. A public entity shall provide an 
     opportunity to interested persons, including individuals with 
     disabilities or organizations representing individuals with 
     disabilities, to participate in the development of the 
     transition plan by submitting comments. A copy of the 
     transition plan shall be made available for public 
     inspection.
       (2) If a public entity has responsibility or authority over 
     streets, roads, or walkways, its transition plan shall 
     include a schedule for providing curb ramps or other sloped 
     areas where pedestrian walks cross curbs, giving priority to 
     walkways serving entities covered by the CAA, including 
     covered offices and facilities, transportation, places of 
     public accommodation, and employers, followed by walkways 
     serving other areas.
       (3) The plan shall, at a minimum--
       (i) Identify physical obstacles in the public entity's 
     facilities that limit the accessibility of its public 
     programs or activities to individuals with disabilities;
       (ii) Describe in detail the methods that will be used to 
     make the facilities accessible;
       (iii) Specify the schedule for taking the steps necessary 
     to achieve compliance with this section and, if the time 
     period of the transition plan is longer than one year, 
     identify steps that will be taken during each year of the 
     transition period; and
       (iv) Indicate the official responsible for implementation 
     of the plan.

[[Page H10687]]

     Sec. 35.151 New construction and alterations.
       (a) Design and construction. Each facility or part of a 
     facility constructed by, on behalf of, or for the use of a 
     public entity shall be designed and constructed in such 
     manner that the facility or part of the facility is readily 
     accessible to and usable by individuals with disabilities, if 
     the construction was commenced after January 1, 1997.
       (b) Alteration. Each facility or part of a facility altered 
     by, on behalf of, or for the use of a public entity in a 
     manner that affects or could affect the usability of the 
     facility or part of the facility shall, to the maximum extent 
     feasible, be altered in such manner that the altered portion 
     of the facility is readily accessible to and usable by 
     individuals with disabilities, if the alteration was 
     commenced after January 1, 1997.
       (c) Accessibility standards. Design, construction, or 
     alteration of facilities in conformance with the Uniform 
     Federal Accessibility Standards (UFAS) (Appendix B to Part 36 
     of these regulations) or with the Americans with Disabilities 
     Act Accessibility Guidelines for Buildings and Facilities 
     (ADAAG) (Appendix A to Part 36 of these regulations) shall be 
     deemed to comply with the requirements of this section with 
     respect to those facilities, except that the elevator 
     exemption contained at 4.1.3(5) and 4.1.6(1)(j) of ADAAG 
     shall not apply. Departures from particular requirements of 
     either standard by the use of other methods shall be 
     permitted when it is clearly evident that equivalent access 
     to the facility or part of the facility is thereby provided.
       (d) Alterations: Historic properties. (1) Alterations to 
     historic properties shall comply, to the maximum extent 
     feasible, with section 4.1.7 of UFAS or section 4.1.7 of 
     ADAAG.
       (2) If it is not feasible to provide physical access to an 
     historic property in a manner that will not threaten or 
     destroy the historic significance of the building or 
     facility, alternative methods of access shall be provided 
     pursuant to the requirements of Sec. 35.150.
       (e) Curb ramps. (1) Newly constructed or altered streets, 
     roads, and highways must contain curb ramps or other sloped 
     areas at any intersection having curbs or other barriers to 
     entry from a street level pedestrian walkway.
       (2) Newly constructed or altered street level pedestrian 
     walkways must contain curb ramps or other sloped areas at 
     intersections to streets, roads, or highways.
     Sec. Sec. 35.152-35.159 [Reserved]


                       Subpart E--Communications

     Sec. 35.160 General.
       (a) A public entity shall take appropriate steps to ensure 
     that communications with applicants, participants, and 
     members of the public with disabilities are as effective as 
     communications with others.
       (b)(1) A public entity shall furnish appropriate auxiliary 
     aids and services where necessary to afford an individual 
     with a disability an equal opportunity to participate in, and 
     enjoy the benefits of, a public service, program, or activity 
     conducted by a public entity.
        (2) In determining what type of auxiliary aid and service 
     is necessary, a public entity shall give primary 
     consideration to the requests of the individual with 
     disabilities.
     Sec. 35.161 Text telephones (TTY's).
        Where a public entity communicates by telephone with 
     applicants and beneficiaries, TTY's or equally effective 
     telecommunication systems shall be used to communicate with 
     individuals with impaired hearing or speech.
     Sec. 35.162 Telephone emergency services.
        Telephone emergency services, including 911 services, 
     shall provide direct access to individuals who use TTY's and 
     computer modems.
     Sec. 35.163 Information and signage.
       (a) A public entity shall ensure that interested persons, 
     including persons with impaired vision or hearing, can obtain 
     information as to the existence and location of accessible 
     public services, activities, and facilities.
       (b) A public entity shall provide signage at all 
     inaccessible entrances to each of its public facilities, 
     directing users to an accessible entrance or to a location at 
     which they can obtain information about accessible public 
     facilities. The international symbol for accessibility shall 
     be used at each accessible entrance of a public facility.
     Sec. 35.164 Duties.
        This subpart does not require a public entity to take any 
     action that it can demonstrate would result in a fundamental 
     alteration in the nature of a public service, program, or 
     activity or in undue financial and administrative burdens. In 
     those circumstances where personnel of the public entity 
     believe that the proposed action would fundamentally alter 
     the public service, program, or activity or would result in 
     undue financial and administrative burdens, a public entity 
     has the burden of proving that compliance with this subpart 
     would result in such alteration or burdens. The decision that 
     compliance would result in such alteration or burdens must be 
     made by the head of the public entity or his or her designee 
     after considering all resources available for use in the 
     funding and operation of the public service, program, or 
     activity and must be accompanied by a written statement of 
     the reasons for reaching that conclusion. If an action 
     required to comply with this subpart would result in such an 
     alteration or such burdens, a public entity shall take any 
     other action that would not result in such an alteration or 
     such burdens but would nevertheless ensure that, to the 
     maximum extent possible, individuals with disabilities 
     receive the public benefits or services provided by the 
     public entity.
     Sec. Sec. 35.165-35.169 [Reserved]
     Sec. Sec. 35.170-35.999 [Reserved]

    Part 36--Nondiscrimination on the Basis of Disability by Public 
                             Accommodations

                           Subpart A--General

     Sec.
     36.101 Purpose.
     36.102 Application.
     36.103 Relationship to other laws.
     36.104 Definitions.
     36.105-36.199 [Reserved]

                     Subpart B--General Requirements

     36.201 General.
     36.202 Activities.
     36.203 Integrated settings.
     36.204 Administrative methods.
     36.205 Association.
     36.206 [Reserved]
     36.207 Places of public accommodations located in private 
         residences.
     36.208 Direct threat.
     36.209 Illegal use of drugs.
     36.210 Smoking.
     36.211 Maintenance of accessible features.
     36.212 Insurance.
     36.213 Relationship of subpart B to subparts C and D of this 
         part.
     36.214-36.299 [Reserved]

                    Subpart C--Specific Requirements

     36.301 Eligibility criteria.
     36.302 Modifications in policies, practices, or procedures.
     36.303 Auxiliary aids and services.
     36.304 Removal of barriers.
     36.305 Alternatives to barrier removal.
     36.306 Personal devices and services.
     36.307 Accessible or special goods.
     36.308 Seating in assembly areas.
     36.309 Examinations and courses.
     36.310 Transportation provided by public accommodations.
     36.311-36.399 [Reserved]

              Subpart D--New Construction and Alterations

     36.401 New construction.
     36.402 Alterations.
     36.403 Alterations: Path of travel.
     36.404 Alterations: Elevator exemption.
     36.405 Alterations: Historic preservation.
     36.406 Standards for new construction and alterations.
     36.407 Temporary suspension of certain detectable warning 
         requirements.
     36.408-36.499 [Reserved]
     36.501-36.608 [Reserved]
     Appendix A to Part 36--Standards for Accessible Design
     Appendix B to Part 36--Uniform Federal Accessibility 
         Standards


                           Subpart A--General

     Sec. 36.101  Purpose.
       The purpose of this part is to implement section 210 of the 
     Congressional Accountability Act of 1995 (2 U.S.C. 1331 et 
     seq.) which, inter alia, applies the rights and protections 
     of sections of title III of the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12181), which prohibits discrimination 
     on the basis of disability by public accommodations and 
     requires places of public accommodation to be designed, 
     constructed, and altered in compliance with the accessibility 
     standards established by this part.
     Sec. 36.102  Application.
       (a) General. This part applies to any--
       (1) Public accommodation; or
       (2) covered entity that offers examinations or courses 
     related to applications, licensing, certification, or 
     credentialing for secondary or postsecondary education, 
     professional, or trade purposes.
       (b) Public accommodations. (1) The requirements of this 
     part applicable to public accommodations are set forth in 
     subparts B, C, and D of this part.
       (2) The requirements of subparts B and C of this part 
     obligate a public accommodation only with respect to the 
     operations of a place of public accommodation.
       (3) The requirements of subpart D of this part obligate a 
     public accommodation only with respect to a facility used as, 
     or designed or constructed for use as, a place of public 
     accommodation.
       (c) Examinations and courses. The requirements of this part 
     applicable to covered entities that offer examinations or 
     courses as specified in paragraph (a) of this section are set 
     forth in Sec. 36.309.
     Sec. 36.103  Relationship to other laws.
       (a) Rule of interpretation. Except as otherwise provided in 
     this part, this part shall not be construed to apply a lesser 
     standard than the standards applied under title V of the 
     Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations 
     issued by Federal agencies pursuant to that title.
       (b) Other laws. This part does not invalidate or limit the 
     remedies, rights, and procedures of any other Federal laws 
     otherwise applicable to covered entities that provide greater 
     or equal protection for the rights of individuals with 
     disabilities or individuals associated with them.
     Sec. 36.104  Definitions.
       For purposes of this part, the term--
       Act or CAA means the Congressional Accountability Act of 
     1995 (Pub. L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec. 1301-
     1438).
       ADA means the Americans with Disabilities Act of 1990 (Pub. 
     L. 101-336, l04 Stat. 327, 42 U.S.C. 12101-12213 and 47 
     U.S.C. 225 and

[[Page H10688]]

     611), as applied to covered entities by section 210 of the 
     CAA.
       Covered entity means any entity listed in section 210(a) of 
     the CAA that operates a place of public accommodation.
       Current illegal use of drugs means illegal use of drugs 
     that occurred recently enough to justify a reasonable belief 
     that a person's drug use is current or that continuing use is 
     a real and ongoing problem.
       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) The phrase physical or mental impairment means
       (i) 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; genitourinary; hemic 
     and lymphatic; skin; and endocrine;
       (ii) Any mental or psychological disorder such as mental 
     retardation, organic brain syndrome, emotional or mental 
     illness, and specific learning disabilities;
       (iii) The phrase physical or mental impairment includes, 
     but is not limited to, such contagious and 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 (whether symptomatic or 
     asymptomatic), tuberculosis, drug addiction, and alcoholism;
       (iv) 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.
       (3) The phrase has a record of such an impairment means has 
     a history of, or as been misclassified as having, a mental or 
     physical impairment that substantially limits one or more 
     major life activities.
       (4) The phrase is regarded as having an impairment means--
       (i) Has a physical or mental impairment that does not 
     substantially limit major life activities but that is treated 
     by a covered entity as constituting such a limitation;
       (ii) Has a physical or mental impairment that substantially 
     limits major life activities only as a result of the 
     attitudes of others toward such impairment; or
       (iii) Has none of the impairments defined in paragraph (1) 
     of this definition but is treated by a covered 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; or
       (iii) Psychoactive substance use disorders resulting from 
     current illegal use of drugs.
       Drug means a controlled substance, as defined in schedules 
     I through V of section 202 of the Controlled Substances Act 
     (21 U.S.C. 812).
       Facility means all or any portion of buildings, structures, 
     sites, complexes, equipment, rolling stock or other 
     conveyances, roads, walks, passageways, parking lots, or 
     other real or personal property, including the site where the 
     building, property, structure, or equipment is located.
       Illegal use of drugs means the use of one or more drugs, 
     the possession or distribution of which is unlawful under the 
     Controlled Substances Act (21 U.S.C. 812). The term ``illegal 
     use of drugs'' does not include the use of a drug taken under 
     supervision by a licensed health care professional, or other 
     uses authorized by the Controlled Substances Act or other 
     provisions of Federal law.
       Individual with a disability means a person who has a 
     disability. The term ``individual with a disability'' does 
     not include an individual who is currently engaging in the 
     illegal use of drugs, when the covered entity acts on the 
     basis of such use.
       Place of public accommodation means a facility, operated by 
     a covered entity, whose operations fall within at least one 
     of the following categories--
       (1) An inn, hotel, motel, or other place of lodging, except 
     for an establishment located within a building that contains 
     not more than five rooms for rent or hire and that is 
     actually occupied by the proprietor of the establishment as 
     the residence of the proprietor;
       (2) A restaurant, bar, or other establishment serving food 
     or drink;
       (3) A motion picture house, theater, concert hall, stadium, 
     or other place of exhibition or entertainment;
       (4) An auditorium, convention center, lecture hall, or 
     other place of public gathering;
       (5) A bakery, grocery store, clothing store, hardware 
     store, shopping center, or other sales or rental 
     establishment;
       (6) A laundromat, dry-cleaner, bank, barber shop, beauty 
     shop, travel service, shoe repair service, funeral parlor, 
     gas station, office of an accountant or lawyer, pharmacy, 
     insurance office, professional office of a health care 
     provider, hospital, or other service establishment;
       (7) A terminal, depot, or other station used for specified 
     public transportation;
       (8) A museum, library, gallery, or other place of public 
     display or collection;
       (9) A park, zoo, amusement park, or other place of 
     recreation;
       (10) A nursery, elementary, secondary, undergraduate, or 
     postgraduate covered school, or other place of education;
       (11) A day care center, senior citizen center, homeless 
     shelter, food bank, adoption agency, or other social service 
     center establishment; and
       (12) A gymnasium, health spa, bowling alley, golf course, 
     or other place of exercise or recreation.
       Public accommodation means a covered entity that operates a 
     place of public accommodation.
       Public entity means any of the following entities that 
     provides public services, programs, or activities:
       (1) each office of the Senate, including each office of a 
     Senator and each committee;
       (2) each office of the House of Representatives, including 
     each office of a Member of the House of Representatives and 
     each committee;
       (3) each joint committee of the Congress;
       (4) the Capitol Guide Service;
       (5) the Capitol Police;
       (6) the Congressional Budget Office;
       (7) the Office of the Architect of the Capitol (including 
     the Senate Restaurants and the Botanic Garden);
       (8) the Office of the Attending Physician; and
       (9) the Office of Compliance.
       Qualified interpreter means an interpreter who is able to 
     interpret effectively, accurately and impartially both 
     receptively and expressively, using any necessary specialized 
     vocabulary.
       Readily achievable means easily accomplishable and able to 
     be carried out without much difficulty or expense. In 
     determining whether an action is readily achievable factors 
     to be considered include--
       (1) The nature and cost of the action needed under this 
     part;
       (2) The overall financial resources of the site or sites 
     involved in the action; the number of persons employed at the 
     site; the effect on expenses and resources; legitimate safety 
     requirements that are necessary for safe operation, including 
     crime prevention measures; or the impact otherwise of the 
     action upon the operation of the site;
       (3) The geographic separateness, and the administrative or 
     fiscal relationship of the site or sites in question to any 
     parent entity;
       (4) If applicable, the overall financial resources of any 
     parent entity; the overall size of the parent entity with 
     respect to the number of its employees; the number, type, and 
     location of its facilities; and
       (5) If applicable, the type of operation or operations of 
     any parent entity, including the composition, structure, and 
     functions of the workforce of the parent entity.
       Service animal means any guide dog, signal dog, or other 
     animal individually trained to do work or perform tasks for 
     the benefit of 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.
       Specified public transportation means transportation by 
     bus, rail, or any other conveyance (other than by aircraft) 
     that provides the general public with general or special 
     service (including charter service) on a regular and 
     continuing basis.
       Undue burden means significant difficulty or expense. In 
     determining whether an action would result in an undue 
     burden, factors to be considered include--
       (1) The nature and cost of the action needed under this 
     part;
       (2) The overall financial resources of the site or sites 
     involved in the action; the number of persons employed at the 
     site; the effect on expenses and resources; legitimate safety 
     requirements that are necessary for safe operation, including 
     crime prevention measures; or the impact otherwise of the 
     action upon the operation of the site;
       (3) The geographic separateness, and the administrative or 
     fiscal relationship of the site or sites in question to any 
     parent entity;
       (4) If applicable, the overall financial resources of any 
     parent entity; the overall size of the parent entity with 
     respect to the number of its employees; the number, type, and 
     location of its facilities; and
       (5) If applicable, the type of operation or operations of 
     any parent entity, including the composition, structure, and 
     functions of the workforce of the parent entity.


                    Subpart B--General Requirements

     Sec. 36.201 General.
       Prohibition of discrimination. No individual shall be 
     discriminated against on the basis of disability in the full 
     and equal enjoyment of the goods, services, facilities, 
     privileges, advantages, or accommodations of any place of 
     public accommodation by any covered entity who operates a 
     place of public accommodation.
     Sec. 36.202 Activities.
       (a) Denial of participation. A public accommodation shall 
     not subject an individual or class of individuals on the 
     basis of a disability or disabilities of such individual or 
     class, directly, or through contractual, licensing, or other 
     arrangements, to a denial of the opportunity of the 
     individual or class to participate in or benefit from the 
     goods, services, facilities, privileges, advantages, or 
     accommodations of a place of public accommodation.

[[Page H10689]]

       (b) Participation in unequal benefit. A public 
     accommodation shall not afford an individual or class of 
     individuals, on the basis of a disability or disabilities of 
     such individual or class, directly, or through contractual, 
     licensing, or other arrangements, with the opportunity to 
     participate in or benefit from a good, service, facility, 
     privilege, advantage, or accommodation that is not equal to 
     that afforded to other individuals.
       (c) Separate benefit. A public accommodation shall not 
     provide an individual or class of individuals, on the basis 
     of a disability or disabilities of such individual or class, 
     directly, or through contractual, licensing, or other 
     arrangements with a good, service, facility, privilege, 
     advantage, or accommodation that is different or separate 
     from that provided to other individuals, unless such action 
     is necessary to provide the individual or class of 
     individuals with a good, service, facility, privilege, 
     advantage, or accommodation, or other opportunity that is as 
     effective as that provided to others.
       (d) Individual or class of individuals. For purposes of 
     paragraphs (a) through (c) of this section, the term 
     individual or class of individuals refers to the clients or 
     customers of the public accommodation that enter into the 
     contractual, licensing, or other arrangement.
     Sec. 36.203 Integrated settings.
       (a) General. A public accommodation shall afford goods, 
     services, facilities, privileges, advantages, and 
     accommodations to an individual with a disability in the most 
     integrated setting appropriate to the needs of the 
     individual.
       (b) Opportunity to participate. Notwithstanding the 
     existence of separate or different programs or activities 
     provided in accordance with this subpart, a public 
     accommodation shall not deny an individual with a disability 
     an opportunity to participate in such programs or activities 
     that are not separate or different.
       (c) Accommodations and services. (1) Nothing in this part 
     shall be construed to require an individual with a disability 
     to accept an accommodation, aid, service, opportunity, or 
     benefit available under this part that such individual 
     chooses not to accept.
       (2) Nothing in the CAA or this part authorizes the 
     representative or guardian of an individual with a disability 
     to decline food, water, medical treatment, or medical 
     services for that individual.
     Sec. 36.204 Administrative methods.
       A public accommodation shall not, directly or through 
     contractual or other arrangements, utilize standards or 
     criteria or methods of administration that have the effect of 
     discriminating on the basis of disability, or that perpetuate 
     the discrimination of others who are subject to common 
     administrative control.
     Sec. 36.205 Association.
       A public accommodation shall not exclude or otherwise deny 
     equal goods, services, facilities, privileges, advantages, 
     accommodations, or other opportunities to an individual or 
     entity because of the known disability of an individual with 
     whom the individual or entity is known to have a relationship 
     or association.
     Sec. 36.206 [Reserved]
     Sec. 36.207 Places of public accommodation located in private 
         residences.
       (a) When a place of public accommodation is located in a 
     private residence, the portion of the residence used 
     exclusively as a residence is not covered by this part, but 
     that portion used exclusively in the operation of the place 
     of public accommodation or that portion used both for the 
     place of public accommodation and for residential purposes is 
     covered by this part.
       (b) The portion of the residence covered under paragraph 
     (a) of this section extends to those elements used to enter 
     the place of public accommodation, including the homeowner's 
     front sidewalk, if any, the door or entryway, and hallways; 
     and those portions of the residence, interior or exterior, 
     available to or used by customers or clients, including 
     restrooms.
     Sec. 36.208 Direct threat.
       (a) This part does not require a public accommodation to 
     permit an individual to participate in or benefit from the 
     goods, services, facilities, privileges, advantages and 
     accommodations of that public accommodation when that 
     individual poses a direct threat to the health or safety of 
     others.
       (b) Direct threat means a significant risk to the health or 
     safety of others that cannot be eliminated by a modification 
     of policies, practices, or procedures, or by the provision of 
     auxiliary aids or services.
       (c) In determining whether an individual poses a direct 
     threat to the health or safety of others, a public 
     accommodation must make an individualized assessment, based 
     on reasonable judgment that relies on current medical 
     knowledge or on the best available objective evidence, to 
     ascertain: the nature, duration, and severity of the risk; 
     the probability that the potential injury will actually 
     occur; and whether reasonable modifications of policies, 
     practices, or procedures will mitigate the risk.
     Sec. 36.209 Illegal use of drugs.
       (a) General. (1) Except as provided in paragraph (b) of 
     this section, this part does not prohibit discrimination 
     against an individual based on that individual's current 
     illegal use of drugs.
       (2) A public accommodation shall not discriminate on the 
     basis of illegal use of drugs against an individual who is 
     not engaging in current illegal use of drugs and who--
       (i) Has successfully completed a supervised drug 
     rehabilitation program or has otherwise been rehabilitated 
     successfully;
       (ii) Is participating in a supervised rehabilitation 
     program; or
       (iii) Is erroneously regarded as engaging in such use.
       (b) Health and drug rehabilitation services. (1) A public 
     accommodation shall not deny health services, or services 
     provided in connection with drug rehabilitation, to an 
     individual on the basis of that individual's current illegal 
     use of drugs, if the individual is otherwise entitled to such 
     services.
       (2) A drug rehabilitation or treatment program may deny 
     participation to individuals who engage in illegal use of 
     drugs while they are in the program.
       (c) Drug testing. (1) This part does not prohibit a public 
     accommodation from adopting or administering reasonable 
     policies or procedures, including but not limited to drug 
     testing, designed to ensure that an individual who formerly 
     engaged in the illegal use of drugs is not now engaging in 
     current illegal use of drugs.
       (2) Nothing in this paragraph (c) shall be construed to 
     encourage, prohibit, restrict, or authorize the conducting of 
     testing for the illegal use of drugs.
     Sec. 36.210 Smoking.
       This part does not preclude the prohibition of, or the 
     imposition of restrictions on, smoking in places of public 
     accommodation.
     Sec. 36.211 Maintenance of accessible features.
       (a) A public accommodation shall maintain in operable 
     working condition those features of facilities and equipment 
     that are required to be readily accessible to and usable by 
     persons with disabilities by the CAA or this part.
       (b) This section does not prohibit isolated or temporary 
     interruptions in service or access due to maintenance or 
     repairs.
     Sec. 36.212 Insurance.
       (a) This part shall not be construed to prohibit or 
     restrict--
       (1) A covered entity that administers benefit plans, or 
     similar organizations from underwriting risks, classifying 
     risks, or administering such risks that are based on or not 
     inconsistent with applicable law; or
       (2) A person or organization covered by this part from 
     establishing, sponsoring, observing or administering the 
     terms of a bona fide benefit plan that are based on 
     underwriting risks, classifying risks, or administering such 
     risks that are based on or not inconsistent with applicable 
     law; or
       (3) A person or organization covered by this part from 
     establishing, sponsoring, observing or administering the 
     terms of a bona fide benefit plan that is not subject to 
     applicable laws that regulate insurance.
       (b) Paragraphs (a)(1), (2), and (3) of this section shall 
     not be used as a subterfuge to evade the purposes of the CAA 
     or this part.
       (c) A public accommodation shall not refuse to serve an 
     individual with a disability because its insurance company 
     conditions coverage or rates on the absence of individuals 
     with disabilities.
     Sec. 36.213  Relationship of subpart B to subparts C and D of 
         this part.
       Subpart B of this part sets forth the general principles of 
     nondiscrimination applicable to all entities subject to this 
     part. Subparts C and D of this part provide guidance on the 
     application of the statute to specific situations. The 
     specific provisions, including the limitations on those 
     provisions, control over the general provisions in 
     circumstances where both specific and general provisions 
     apply.
     Sec. Sec. 36.214-36.299  [Reserved]


                    subpart c specific requirements

     Sec. 36.301  Eligibility criteria.
       (a) General. A public accommodation shall not impose or 
     apply eligibility criteria that screen out or tend to screen 
     out an individual with a disability or any class of 
     individuals with disabilities from fully and equally enjoying 
     any goods, services, facilities, privileges, advantages, or 
     accommodations, unless such criteria can be shown to be 
     necessary for the provision of the goods, services, 
     facilities, privileges, advantages, or accommodations being 
     offered.
       (b) Safety. A public accommodation may impose legitimate 
     safety requirements that are necessary for safe operation. 
     Safety requirements must be based on actual risks and not on 
     mere speculation, stereotypes, or generalizations about 
     individuals with disabilities.
       (c) Charges. A public accommodation may not impose a 
     surcharge on a particular individual with a disability or any 
     group of individuals with disabilities to cover the costs of 
     measures, such as the provision of auxiliary aids, barrier 
     removal, alternatives to barrier removal, and reasonable 
     modifications in policies, practices, or procedures, that are 
     required to provide that individual or group with the 
     nondiscriminatory treatment required by the CAA or this part.
     Sec. 36.302  Modifications in policies, practices, or 
         procedures.
       (a) General. A public accommodation shall make reasonable 
     modifications in policies, practices, or procedures, when the 
     modifications are necessary to afford goods, services, 
     facilities, privileges, advantages, or accommodations to 
     individuals with disabilities, unless the public 
     accommodation can demonstrate that making the modifications 
     would fundamentally alter the nature of the goods, services, 
     facilities, privileges, advantages, or accommodations.

[[Page H10690]]

       (b) Specialties--(1) General. A public accommodation may 
     refer an individual with a disability to another public 
     accommodation, if that individual is seeking, or requires, 
     treatment or services outside of the referring public 
     accommodation's area of specialization, and if, in the normal 
     course of its operations, the referring public accommodation 
     would make a similar referral for an individual without a 
     disability who seeks or requires the same treatment or 
     services.
       (2) Illustration--medical specialties. A health care 
     provider may refer an individual with a disability to another 
     provider, if that individual is seeking, or requires, 
     treatment or services outside of the referring provider's 
     area of specialization, and if the referring provider would 
     make a similar referral for an individual without a 
     disability who seeks or requires the same treatment or 
     services. A physician who specializes in treating only a 
     particular condition cannot refuse to treat an individual 
     with a disability for that condition, but is not required to 
     treat the individual for a different condition.
       (c) Service animals--(1) General. Generally, a public 
     accommodation shall modify policies, practices, or procedures 
     to permit the use of a service animal by an individual with a 
     disability.
       (2) Care or supervision of service animals. Nothing in this 
     part requires a public accommodation to supervise or care for 
     a service animal.
       (d) Check-out aisles. A store with check-out aisles shall 
     ensure that an adequate number of accessible check-out aisles 
     is kept open during store hours, or shall otherwise modify 
     its policies and practices, in order to ensure that an 
     equivalent level of convenient service is provided to 
     individuals with disabilities as is provided to others. If 
     only one check-out aisle is accessible, and it is generally 
     used for express service, one way of providing equivalent 
     service is to allow persons with mobility impairments to make 
     all their purchases at that aisle.
     Sec. 36.303 Auxiliary aids and services.
       (a) General. A public accommodation shall take those steps 
     that may be necessary to ensure that no individual with a 
     disability is excluded, denied services, segregated or 
     otherwise treated differently than other individuals because 
     of the absence of auxiliary aids and services, unless the 
     public accommodation can demonstrate that taking those steps 
     would fundamentally alter the nature of the goods, services, 
     facilities, privileges, advantages, or accommodations being 
     offered or would result in an undue burden, i.e., significant 
     difficulty or expense.
       (b) Examples. The term ``auxiliary aids and service'' 
     includes--
       (1) Qualified interpreters, notetakers, computer-aided 
     transcription services, written materials, telephone handset 
     amplifiers, assistive listening devices, assistive listening 
     systems, telephones compatible with hearing aids, closed 
     caption decoders, open and closed captioning, text telephones 
     (TTY's), 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; 
     and
       (4) Other similar services and actions.
       (c) Effective communication. A public accommodation shall 
     furnish appropriate auxiliary aids and services where 
     necessary to ensure effective communication with individuals 
     with disabilities.
       (d) Text telephones (TTY's). (1) A public accommodation 
     that offers a customer, client, patient, or participant the 
     opportunity to make outgoing telephone calls on more than an 
     incidental convenience basis shall make available, upon 
     request, a TTY for the use of an individual who has impaired 
     hearing or a communication disorder.
       (2) This part does not require a public accommodation to 
     use a TTY for receiving or making telephone calls incident to 
     its operations.
       (f) Alternatives. If provision of a particular auxiliary 
     aid or service by a public accommodation would result in a 
     fundamental alteration in the nature of the goods, services, 
     facilities, privileges, advantages, or accommodations being 
     offered or is an undue burden, i.e., significant difficulty 
     or expense, the public accommodation shall provide an 
     alternative auxiliary aid or service, if one exists, that 
     would not result in such an alteration or such burden but 
     would nevertheless ensure that, to the maximum extent 
     possible, individuals with disabilities receive the goods, 
     services, facilities, privileges, advantages, or 
     accommodations offered by the public accommodation.
     Sec. 36.304 Removal of barriers.
       (a) General. A public accommodation shall remove 
     architectural barriers in existing facilities, including 
     communication barriers that are structural in nature, where 
     such removal is readily achievable, i.e., easily 
     accomplishable and able to be carried out without much 
     difficulty or expense.
       (b) Examples. Examples of steps to remove barriers include, 
     but are not limited to, the following actions--
       (1) Installing ramps;
       (2) Making curb cuts in sidewalks and entrances;
       (3) Repositioning shelves;
       (4) Rearranging tables, chairs, vending machines, display 
     racks, and other furniture;
       (5) Repositioning telephones;
       (6) Adding raised markings on elevator control buttons;
       (7) Installing flashing alarm lights;
       (8) Widening doors;
       (9) Installing offset hinges to widen doorways;
       (10) Eliminating a turnstile or providing an alternative 
     accessible path;
       (11) Installing accessible door hardware;
       (12) Installing grab bars in toilet stalls;
       (13) Rearranging toilet partitions to increase maneuvering 
     space;
       (14) Insulating lavatory pipes under sinks to prevent 
     burns;
       (15) Installing a raised toilet seat;
       (16) Installing a full-length bathroom mirror;
       (17) Repositioning the paper towel dispenser in a bathroom;
       (18) Creating designated accessible parking spaces;
       (19) Installing an accessible paper cup dispenser at an 
     existing inaccessible water fountain;
       (20) Removing high pile, low density carpeting; or
       (21) Installing vehicle hand controls.
       (c) Priorities. A public accommodation is urged to take 
     measures to comply with the barrier removal requirements of 
     this section in accordance with the following order of 
     priorities.
       (1) First, a public accommodation should take measures to 
     provide access to a place of public accommodation from public 
     sidewalks, parking, or public transportation. These measures 
     include, for example, installing an entrance ramp, widening 
     entrances, and providing accessible parking spaces.
       (2) Second, a public accommodation should take measures to 
     provide access to those areas of a place of public 
     accommodation where goods and services are made available to 
     the public. These measures include, for example, adjusting 
     the layout of display racks, rearranging tables, providing 
     Brailled and raised character signage, widening doors, 
     providing visual alarms, and installing ramps.
       (3) Third, a public accommodation should take measures to 
     provide access to restroom facilities. These measures 
     include, for example, removal of obstructing furniture or 
     vending machines, widening of doors, installation of ramps, 
     providing accessible signage, widening of toilet stalls, and 
     installation of grab bars.
       (4) Fourth, a public accommodation should take any other 
     measures necessary to provide access to the goods, services, 
     facilities, privileges, advantages, or accommodations of a 
     place of public accommodation.
       (d) Relationship to alterations requirements of subpart D 
     of this part. (1) Except as provided in paragraph (d)(2) of 
     this section, measures taken to comply with the barrier 
     removal requirements of this section shall comply with the 
     applicable requirements for alterations in Sec. 36.402 and 
     Sec. Sec. 36.404-36.406 of this part for the element being 
     altered. The path of travel requirements of Sec. 36.403 shall 
     not apply to measures taken solely to comply with the barrier 
     removal requirements of this section.
       (2) If, as a result of compliance with the alterations 
     requirements specified in paragraph (d)(1) of this section, 
     the measures required to remove a barrier would not be 
     readily achievable, a public accommodation may take other 
     readily achievable measures to remove the barrier that do not 
     fully comply with the specified requirements. Such measures 
     include, for example, providing a ramp with a steeper slope 
     or widening a doorway to a narrower width than that mandated 
     by the alterations requirements. No measure shall be taken, 
     however, that poses a significant risk to the health or 
     safety of individuals with disabilities or others.
       (e) Portable ramps. Portable ramps should be used to comply 
     with this section only when installation of a permanent ramp 
     is not readily achievable. In order to avoid any significant 
     risk to the health or safety of individuals with disabilities 
     or others in using portable ramps, due consideration shall be 
     given to safety features such as nonslip surfaces, railings, 
     anchoring, and strength of materials.
       (f) Selling or serving space. The rearrangement of 
     temporary or movable structures, such as furniture, 
     equipment, and display racks is not readily achievable to the 
     extent that it results in a significant loss of selling or 
     serving space.
       (g) Limitation on barrier removal obligations. (1) The 
     requirements for barrier removal under Sec. 36.304 shall not 
     be interpreted to exceed the standards for alterations in 
     subpart D of this part.
       (2) To the extent that relevant standards for alterations 
     are not provided in subpart D of this part, then the 
     requirements of Sec. 36.304 shall not be interpreted to 
     exceed the standards for new construction in subpart D of 
     this part.
       (3) This section does not apply to rolling stock and other 
     conveyances to the extent that Sec. 36.310 applies to rolling 
     stock and other conveyances.
     Sec. 36.305 Alternatives to barrier removal.
       (a) General. Where a public accommodation can demonstrate 
     that barrier removal is not readily achievable, the public 
     accommodation shall not fail to make its goods, services, 
     facilities, privileges, advantages, or accommodations 
     available through alternative methods, if those methods are 
     readily achievable.

[[Page H10691]]

       (b) Examples. Examples of alternatives to barrier removal 
     include, but are not limited to, the following actions--
       (1) Providing curb service or home delivery;
       (2) Retrieving merchandise from inaccessible shelves or 
     racks;
       (3) Relocating activities to accessible locations;
       (c) Multiscreen cinemas. If it is not readily achievable to 
     remove barriers to provide access by persons with mobility 
     impairments to all of the theaters of a multiscreen cinema, 
     the cinema shall establish a film rotation schedule that 
     provides reasonable access for individuals who use 
     wheelchairs to all films. Reasonable notice shall be provided 
     to the public as to the location and time of accessible 
     showings.
     Sec. 36.306 Personal devices and services.
       This part does not require a public accommodation to 
     provide its customers, clients, or participants with personal 
     devices, such as wheelchairs; individually prescribed 
     devices, such as prescription eyeglasses or hearing aids; or 
     services of a personal nature including assistance in eating, 
     toileting, or dressing.
     Sec. 36.307 Accessible or special goods.
       (a) This part does not require a public accommodation to 
     alter its inventory to include accessible or special goods 
     that are designed for, or facilitate use by, individuals with 
     disabilities.
       (b) A public accommodation shall order accessible or 
     special goods at the request of an individual with 
     disabilities, if, in the normal course of its operation, it 
     makes special orders on request for unstocked goods, and if 
     the accessible or special goods can be obtained from a 
     supplier with whom the public accommodation customarily does 
     business.
       (c) Examples of accessible or special goods include items 
     such as Brailled versions of books, books on audio cassettes, 
     closed-captioned video tapes, special sizes or lines of 
     clothing, and special foods to meet particular dietary needs.
     Sec. 36.308 Seating in assembly areas.
       (a) Existing facilities. (1) To the extent that it is 
     readily achievable, a public accommodation in assembly areas 
     shall--
       (i) Provide a reasonable number of wheelchair seating 
     spaces and seats with removable aisle-side arm rests; and
       (ii) Locate the wheelchair seating spaces so that they--
        (A) Are dispersed throughout the seating area;
        (B) Provide lines of sight and choice of admission prices 
     comparable to those for members of the general public;
        (C) Adjoin an accessible route that also serves as a means 
     of egress in case of emergency; and
        (D) Permit individuals who use wheelchairs to sit with 
     family members or other companions.
       (2) If removal of seats is not readily achievable, a public 
     accommodation shall provide, to the extent that it is readily 
     achievable to do so, a portable chair or other means to 
     permit a family member or other companion to sit with an 
     individual who uses a wheelchair.
       (3) The requirements of paragraph (a) of this section shall 
     not be interpreted to exceed the standards for alterations in 
     subpart D of this part.
       (b) New construction and alterations. The provision and 
     location of wheelchair seating spaces in newly constructed or 
     altered assembly areas shall be governed by the standards for 
     new construction and alterations in subpart D of this part.
     Sec. 36.309 Examinations and courses.
       (a) General. Any covered entity that offers examinations or 
     courses related to applications, licensing, certification, or 
     credentialing for secondary or postsecondary education, 
     professional, or trade purposes shall offer such examinations 
     or courses in a place and manner accessible to persons with 
     disabilities or offer alternative accessible arrangements for 
     such individuals.
       (b) Examinations. (1) Any covered entity offering an 
     examination covered by this section must assure that--
       (i) The examination is selected and administered so as to 
     best ensure that, when the examination is administered to an 
     individual with a disability that impairs sensory, manual, or 
     speaking skills, the examination results accurately reflect 
     the individual's aptitude or achievement level or whatever 
     other factor the examination purports to measure, rather than 
     reflecting the individual's impaired sensory, manual, or 
     speaking skills (except where those skills are the factors 
     that the examination purports to measure);
       (ii) An examination that is designed for individuals with 
     impaired sensory, manual, or speaking skills is offered at 
     equally convenient locations, as often, and in as timely a 
     manner as are other examinations; and
       (iii) The examination is administered in facilities that 
     are accessible to individuals with disabilities or 
     alternative accessible arrangements are made.
       (2) Required modifications to an examination may include 
     changes in the length of time permitted for completion of the 
     examination and adaptation of the manner in which the 
     examination is given.
       (3) A covered entity offering an examination covered by 
     this section shall provide appropriate auxiliary aids for 
     persons with impaired sensory, manual, or speaking skills, 
     unless that covered entity can demonstrate that offering a 
     particular auxiliary aid would fundamentally alter the 
     measurement of the skills or knowledge the examination is 
     intended to test or would result in an undue burden. 
     Auxiliary aids and services required by this section may 
     include taped examinations, interpreters or other effective 
     methods of making orally delivered materials available to 
     individuals with hearing impairments, Brailled or large print 
     examinations and answer sheets or qualified readers for 
     individuals with visual impairments or learning disabilities, 
     transcribers for individuals with manual impairments, and 
     other similar services and actions.
       (4) Alternative accessible arrangements may include, for 
     example, provision of an examination at an individual's home 
     with a proctor if accessible facilities or equipment are 
     unavailable. Alternative arrangements must provide comparable 
     conditions to those provided for nondisabled individuals.
       (c) Courses. (1) Any covered entity that offers a course 
     covered by this section must make such modifications to that 
     course as are necessary to ensure that the place and manner 
     in which the course is given are accessible to individuals 
     with disabilities.
       (2) Required modifications may include changes in the 
     length of time permitted for the completion of the course, 
     substitution of specific requirements, or adaptation of the 
     manner in which the course is conducted or course materials 
     are distributed.
       (3) A covered entity that offers a course covered by this 
     section shall provide appropriate auxiliary aids and services 
     for persons with impaired sensory, manual, or speaking 
     skills, unless the covered entity can demonstrate that 
     offering a particular auxiliary aid or service would 
     fundamentally alter the course or would result in an undue 
     burden. Auxiliary aids and services required by this section 
     may include taped texts, interpreters or other effective 
     methods of making orally delivered materials available to 
     individuals with hearing impairments, Brailled or large print 
     texts or qualified readers for individuals with visual 
     impairments and learning disabilities, classroom equipment 
     adapted for use by individuals with manual impairments, and 
     other similar services and actions.
       (4) Courses must be administered in facilities that are 
     accessible to individuals with disabilities or alternative 
     accessible arrangements must be made.
       (5) Alternative accessible arrangements may include, for 
     example, provision of the course through videotape, 
     cassettes, or prepared notes. Alternative arrangements must 
     provide comparable conditions to those provided for 
     nondisabled individuals.
     Sec. 36.310 Transportation provided by public accommodations.
       (a) General. (1) A public accommodation that provides 
     transportation services, but that is not primarily engaged in 
     the business of transporting people, is subject to the 
     general and specific provisions in subparts B, C, and D of 
     this part for its transportation operations, except as 
     provided in this section.
       (2) Examples. Transportation services subject to this 
     section include, but are not limited to, shuttle services 
     operated between transportation terminals and places of 
     public accommodation and customer shuttle bus services 
     operated by covered entities
       (b) Barrier removal. A public accommodation subject to this 
     section shall remove transportation barriers in existing 
     vehicles and rail passenger cars used for transporting 
     individuals (not including barriers that can only be removed 
     through the retrofitting of vehicles or rail passenger cars 
     by the installation of a hydraulic or other lift) where such 
     removal is readily achievable.
       (c) Requirements for vehicles and systems. A public 
     accommodation subject to this section shall comply with the 
     requirements pertaining to vehicles and transportation 
     systems in the regulations issued by the Board of Directors 
     of the Office of Compliance.
     Sec. Sec. 36.311-36.400 [Reserved]


              Subpart D--New Construction and Alterations

     Sec. 36.401 New construction.
       (a) General. (1) Except as provided in paragraphs (b) and 
     (c) of this section, discrimination for purposes of this part 
     includes a failure to design and construct facilities for 
     first occupancy after July 23, 1997, that are readily 
     accessible to and usable by individuals with disabilities.
       (2) For purposes of this section, a facility is designed 
     and constructed for first occupancy after July 23, 1997, 
     only--
       (i) If the last application for a building permit or permit 
     extension for the facility is certified to be complete, by an 
     appropriate governmental authority after January 1, 1997 (or, 
     in those jurisdictions where the government does not certify 
     completion of applications, if the last application for a 
     building permit or permit extension for the facility is 
     received by the appropriate governmental authority after 
     January 1, 1997); and
       (ii) If the first certificate of occupancy for the facility 
     is issued after July 23, 1997.
       (b) Place of public accommodation located in private 
     residences. (1) When a place of public accommodation is 
     located in a private residence, the portion of the residence 
     used exclusively as a residence is not covered by this 
     subpart, but that portion used exclusively in the operation 
     of the place of public accommodation or that portion used 
     both for the place of public accommodation and for 
     residential purposes is covered by the new construction and 
     alterations requirements of this subpart.
       (2) The portion of the residence covered under paragraph 
     (b)(1) of this section extends

[[Page H10692]]

     to those elements used to enter the place of public 
     accommodation, including the homeowner's front sidewalk, if 
     any, the door or entryway, and hallways; and those portions 
     of the residence, interior or exterior, available to or used 
     by employees or visitors of the place of public 
     accommodation, including restrooms.
       (c) Exception for structural impracticability. (1) Full 
     compliance with the requirements of this section is not 
     required where an entity can demonstrate that it is 
     structurally impracticable to meet the requirements. Full 
     compliance will be considered structurally impracticable only 
     in those rare circumstances when the unique characteristics 
     of terrain prevent the incorporation of accessibility 
     features.
       (2) If full compliance with this section would be 
     structurally impracticable, compliance with this section is 
     required to the extent that it is not structurally 
     impracticable. In that case, any portion of the facility that 
     can be made accessible shall be made accessible to the extent 
     that it is not structurally impracticable.
       (3) If providing accessibility in conformance with this 
     section to individuals with certain disabilities (e.g., those 
     who use wheelchairs) would be structurally impracticable, 
     accessibility shall nonetheless be ensured to persons with 
     other types of disabilities (e.g., those who use crutches or 
     who have sight, hearing, or mental impairments) in accordance 
     with this section.
       (d) Elevator exemption. (1) For purposes of this paragraph 
     (d)--
       Professional office of a health care provider means a 
     location where a person or entity regulated by a State to 
     provide professional services related to the physical or 
     mental health of an individual makes such services available 
     to the public. The facility housing the ``professional office 
     of a health care provider'' only includes floor levels 
     housing at least one health care provider, or any floor level 
     designed or intended for use by at least one health care 
     provider.
       (2) This section does not require the installation of an 
     elevator in a facility that is less than three stories or has 
     less than 3000 square feet per story, except with respect to 
     any facility that houses one or more of the following:
       (i) A professional office of a health care provider.
       (ii) A terminal, depot, or other station used for specified 
     public transportation. In such a facility, any area housing 
     passenger services, including boarding and debarking, loading 
     and unloading, baggage claim, dining facilities, and other 
     common areas open to the public, must be on an accessible 
     route from an accessible entrance.
       (3) The elevator exemption set forth in this paragraph (d) 
     does not obviate or limit in any way the obligation to comply 
     with the other accessibility requirements established in 
     paragraph (a) of this section. For example, in a facility 
     that houses a professional office of a health care provider, 
     the floors that are above or below an accessible ground floor 
     and that do not house a professional office of a health care 
     provider, must meet the requirements of this section but for 
     the elevator.
     Sec. 36.402 Alterations.
       (a) General. (1) Any alteration to a place of public 
     accommodation, after January 1, 1997, shall be made so as to 
     ensure that, to the maximum extent feasible, the altered 
     portions of the facility are readily accessible to and usable 
     by individuals with disabilities, including individuals who 
     use wheelchairs.
       (2) An alteration is deemed to be undertaken after January 
     1, 1997, if the physical alteration of the property begins 
     after that date.
       (b) Alteration. For the purposes of this part, an 
     alteration is a change to a place of public accommodation 
     that affects or could affect the usability of the building or 
     facility or any part thereof.
       (1) Alterations include, but are 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 and electrical systems are 
     not alterations unless they affect the usability of the 
     building or facility.
       (2) If existing elements, spaces, or common areas are 
     altered, then each such altered element, space, or area shall 
     comply with the applicable provisions of appendix A to this 
     part.
       (c) To the maximum extent feasible. The phrase ``to the 
     maximum extent feasible,'' as used in this section, applies 
     to the occasional case where the nature of an existing 
     facility makes it virtually impossible to comply fully with 
     applicable accessibility standards through a planned 
     alteration. In these circumstances, the alteration shall 
     provide the maximum physical accessibility feasible. Any 
     altered features of the facility that can be made accessible 
     shall be made accessible. If providing accessibility in 
     conformance with this section to individuals with certain 
     disabilities (e.g., those who use wheelchairs) would not be 
     feasible, the facility shall be made accessible to persons 
     with other types of disabilities (e.g., those who use 
     crutches, those who have impaired vision or hearing, or those 
     who have other impairments).
     Sec. 36.403 Alterations: Path of travel.
       (a) General. An alteration that affects or could affect the 
     usability of or access to an area of a facility that contains 
     a primary function shall be made so as to ensure that, to the 
     maximum extent feasible, the path of travel to the altered 
     area and the restrooms, telephones, and drinking fountains 
     serving the altered area, are readily accessible to and 
     usable by individuals with disabilities, including 
     individuals who use wheelchairs, unless the cost and scope of 
     such alterations is disproportionate to the cost of the 
     overall alteration.
       (b) Primary function. A primary function is a major 
     activity for which the facility is intended. Areas that 
     contain a primary function include, but are not limited to, 
     the customer services lobby of a bank, the dining area of a 
     cafeteria, the meeting rooms in a conference center, as well 
     as offices and other work areas in which the activities of 
     the public accommodation or other covered entity using the 
     facility are carried out. Mechanical rooms, boiler rooms, 
     supply storage rooms, employee lounges or locker rooms, 
     janitorial closets, entrances, corridors, and restrooms are 
     not areas containing a primary function.
       (c) Alterations to an area containing a primary function. 
     (1) Alterations that affect the usability of or access to an 
     area containing a primary function include, but are not 
     limited to--
       (i) Remodeling merchandise display areas or employee work 
     areas in a department store;
       (ii) Replacing an inaccessible floor surface in the 
     customer service or employee work areas of a bank;
       (iii) Redesigning the assembly line area of a factory; or
       (iv) Installing a computer center in an accounting firm.
       (2) For the purposes of this section, alterations to 
     windows, hardware, controls, electrical outlets, and signage 
     shall not be deemed to be alterations that affect the 
     usability of or access to an area containing a primary 
     function.
       (d) Path of travel. (1) 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, streets, and parking areas), 
     an entrance to the facility, and other parts of the facility.
       (2) An accessible path of travel may consist of walks and 
     sidewalks, curb ramps and other interior or exterior 
     pedestrian ramps; clear floor paths through lobbies, 
     corridors, rooms, and other improved areas; parking access 
     aisles; elevators and lifts; or a combination of these 
     elements.
       (3) For the purposes of this part, the term ``path of 
     travel'' also includes the restrooms, telephones, and 
     drinking fountains serving the altered area.
       (e) Disproportionality. (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% of the cost of the alteration to the primary 
     function area.
       (2) Costs that may be counted as expenditures required to 
     provide an accessible path of travel may include:
       (i) Costs associated with providing an accessible entrance 
     and an accessible route to the altered area, for example, the 
     cost of widening doorways or installing ramps;
       (ii) Costs associated with making restrooms accessible, 
     such as installing grab bars, enlarging toilet stalls, 
     insulating pipes, or installing accessible faucet controls;
       (iii) Costs associated with providing accessible 
     telephones, such as relocating the telephone to an accessible 
     height, installing amplification devices, or installing a 
     text telephone (TTY);
       (iv) Costs associated with relocating an inaccessible 
     drinking fountain.
       (f) Duty to provide accessible features in the event of 
     disproportionality. (1) When the cost of alterations 
     necessary to make the path of travel to the altered area 
     fully accessible is disproportionate to the cost of the 
     overall alteration, the path of travel shall be made 
     accessible to the extent that it can be made accessible 
     without incurring disproportionate costs.
       (2) In choosing which accessible elements to provide, 
     priority should be given to those 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;
       (iv) Accessible telephones;
       (v) Accessible drinking fountains; and
       (vi) When possible, additional accessible elements such as 
     parking, storage, and alarms.
       (g) Series of smaller alterations. (1) The obligation to 
     provide an accessible path of travel may not be evaded by 
     performing a series of small alterations to the area served 
     by a single path of travel if those alterations could have 
     been performed as a single undertaking.
       (2)(i) 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 alterations 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 accessible is disproportionate.
       (ii) Only alterations undertaken after January 1, 1997, 
     shall be considered in determining if the cost of providing 
     an accessible path

[[Page H10693]]

     of travel is disproportionate to the overall cost of the 
     alterations.
     Sec. 36.404 Alterations: Elevator exemption.
       (a) This section does not require the installation of an 
     elevator in an altered facility that is less than three 
     stories or has less than 3,000 square feet per story, except 
     with respect to any facility that houses the professional 
     office of a health care provider, a terminal, depot, or other 
     station used for specified public transportation.
       For the purposes of this section, ``professional office of 
     a health care provider'' means a location where a person or 
     entity employed by a covered entity and/or regulated by a 
     State to provide professional services related to the 
     physical or mental health of an individual makes such 
     services available to the public. The facility that houses a 
     ``professional office of a health care provider'' only 
     includes floor levels housing by at least one health care 
     provider, or any floor level designed or intended for use by 
     at least one health care provider.
       (b) The exemption provided in paragraph (a) of this section 
     does not obviate or limit in any way the obligation to comply 
     with the other accessibility requirements established in this 
     subpart. For example, alterations to floors above or below 
     the accessible ground floor must be accessible regardless of 
     whether the altered facility has an elevator.
     Sec. 36.405 Alterations: Historic preservation.
       (a) Alterations to buildings or facilities that are 
     eligible for listing in the National Register of Historic 
     Places under the National Historic Preservation Act (16 
     U.S.C. 470 et seq.), or are designated as historic under 
     State or local law, shall comply to the maximum extent 
     feasible with section 4.1.7 of appendix A to this part.
       (b) If it is determined under the procedures set out in 
     section 4.1.7 of appendix A that it is not feasible to 
     provide physical access to an historic property that is a 
     place of public accommodation in a manner that will not 
     threaten or destroy the historic significance of the building 
     or facility, alternative methods of access shall be provided 
     pursuant to the requirements of subpart C of this part.
     Sec. 36.406 Standards for new construction and alterations.
       (a) New construction and alterations subject to this part 
     shall comply with the standards for accessible design 
     published as appendix A to this part (ADAAG).
       (b) The chart in the appendix to this section provides 
     guidance to the user in reading appendix A to this part 
     (ADAAG) together with subparts A through D of this part, when 
     determining requirements for a particular facility.

                        Appendix to Sec. 36.406

       This chart has no effect for purposes of compliance or 
     enforcement. It does not necessarily provide complete or 
     mandatory information.

------------------------------------------------------------------------
                                     Subparts A-D             ADAAG     
------------------------------------------------------------------------
Application: General..........  36.102(b)(3): public    1,2,3,4.1.1.    
                                 accommodations.                        
                                36.102(c): commercial                   
                                 facilities.                            
                                36.102(e): public                       
                                 entities.                              
                                36.103 (other laws)...                  
                                36.401 (``for first                     
                                 occupancy'').                          
                                36.402(a)(alterations)                  
Definitions...................  36.104: facility,       3.5 Definitions,
                                 place of public         including;     
                                 accommodation, public   addition,      
                                 accommodation, public   alteration,    
                                 entity..                building,      
                                                         element,       
                                                         facility,      
                                                         space, story.  
                                36.401(d)(1)(i),        4.1.6(i),       
                                 36.404(a)(1):           technical      
                                 professional office     infeasibility. 
                                 of a health care                       
                                 provider.                              
                                36.402: alteration;                     
                                 usability.                             
                                36.402(c): to the                       
                                 maximum extent                         
                                 feasible.                              
                                36.401(a) General.....  4.1.2.          
New construction: General.....  36.207 Places of        4.1.3.          
                                 public accommodation                   
                                 in private residences.                 
Work areas....................  ......................  4.1.1(3)        
Structural impracticability...  36.401(c).............  4.1.1(5)(a).    
Elevator exemption............  36.401(d).............  4.1.3(5).       
                                36.404................  ................
Other exceptions..............  ......................  4.1.1(5),       
                                                         4.1.3(5) and   
                                                         throughout.    
Alterations: general..........  36.402................  4.1.6(1).       
Alterations affecting an area   36.403................  4.1.6(2).       
 containing a primary                                                   
 function; path of travel;                                              
 disproportionality.                                                    
Alterations: Special Technical  ......................  4.1.6(3).       
 provisions.                                                            
Additions.....................  36.401-36.405.........  4.1.5.          
Historic preservation.........  36.405................  4.1.7.          
Technical provisions..........  ......................  4.2 through     
                                                         4.35.          
Restaurants and cafeterias....  ......................  5.              
Facilites.....................  ......................  6.              
Business and mercantile.......  ......................  7.              
Libraries.....................  ......................  8.              
Transient lodging (hotels,      ......................  9.              
 homeless shelters, etc.).                                              
Transportation facilities.....  ......................  10.             
------------------------------------------------------------------------

     Sec. 36.407. Temporary suspension of certain detectable 
         warning requirements.
       The detectable warning requirements contained in sections 
     4.7.7, 4.29.5, and 4.29.6 of appendix A to this part are 
     suspended temporarily until July 26, 1998.
     Sec. Sec. 36.408-36.499 [Reserved]
     Sec. Sec. 36.501-36.608 [Reserved]

         Appendix A to Part 36--Standards for Accessible Design

       [Copies of this appendix may be obtained from the Office of 
     Compliance, Room LA 200, John Adams Building, 110 Second 
     Street, S.E., Washington, D.C. 20540-1999.]

     Appendix B to Part 36--Uniform Federal Accessibility Standards

       [Copies of this appendix may be obtained from the Office of 
     Compliance, Room LA 200, John Adams Building, 110 Second 
     Street, S.E., Washington, D.C. 20540-1999.]

  Part 37--Transportation Services for Individuals With Disabilities 
                                 (CAA)

                           Subpart A--General

     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  [Reserved]
     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  [Reserved]
     37.27  Transportation for elementary and secondary education 
         systems.
     37.29  [Reserved]
     37.31  Vanpools.
     37.33-37.35  [Reserved]
     37.37  Other applications.
     37.39  [Reserved]

                  Subpart C--Transportation Facilities

     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 covered entities.
     37.47  Key stations in light and rapid rail systems.
     37.49-37.59  [Reserved]
     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.
     37.85-37.91 [Reserved]
     37.93  One car per train rule.
     37.95  [Reserved]
     37.97-37.99  [Reserved]

   Subpart E--Acquisition of Accessible Vehicles by Covered Entities

     37.101  Purchase or lease of vehicles by covered entities not 
         primarily engaged in the business of transporting people.
     37.103  [Reserved]
     37.105  Equivalent service standard.
     37.107-37.109 [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.

[[Page H10694]]

     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 plan development.
     37.139  Plan contents.
     37.141  Requirements for a joint paratransit plan.
     37.143  Paratransit plan implementation.
     37.145  [Reserved]
     37.147  Considerations during General Counsel review.
     37.149  Disapproved plans.
     37.151  Waiver for undue financial burden.
     37.153  General Counsel 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 vehicle 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 covered entities.
     37.171  Equivalency requirement for demand responsive service 
         by covered entities not primarily engaged in the business 
         of transporting people.
     37.173  Training requirements.
     Appendix A to Part 37 Standards for Accessible Transportation 
         Facilities
     Appendix B to Part 37 Certifications


                           Subpart A--General

     Sec. 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, as applied by section 210 of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 1331 
     et seq.).
     Sec. 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 these regulations.
       Act or CAA means the Congressional Accountability Act of 
     1995 (Pub.L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec.  1301-
     1438).
       ADA means the Americans with Disabilities Act of 1990 (42 
     U.S.C. Sec. Sec.  12131- 12150, 12182, 12183, and 12189) as 
     applied to covered entities by section 210 of the CAA.
       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.
       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 TTYs), 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.
       Board means the Board of Directors of the Office of 
     Compliance.
       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 covered 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.
       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.
       Covered entity means any entity listed in section 210(a) of 
     the CAA that operates a place of public accommodation within 
     the meaning of section 210 of the CAA.
       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 covered 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) The phrase physical or mental impairment means
       (i) 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;
       (ii) Any mental or psychological disorder, such as mental 
     retardation, organic brain syndrome, emotional or mental 
     illness, and specific learning disabilities;
       (iii) 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;
       (iv) 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 covered 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 covered 
     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 
     covered 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.
       General Counsel means the General Counsel of the Office of 
     Compliance.
       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 covered entity acts on the basis of such use.
       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.
       Office means the Office of Compliance.
       Operates includes, with respect to a fixed route or demand 
     responsive system, the provision of transportation service by 
     a public or covered 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 CAA for individuals with disabilities who are 
     unable to use fixed route transportation systems.
       Private entity means any entity other than a public or 
     covered entity.
        Public entity means any of the following entities that 
     provides public services, programs, or activities:

[[Page H10695]]

       (1) each office of the Senate, including each office of a 
     Senator and each committee;
       (2) each office of the House of Representatives, including 
     each office of a Member of the House of Representatives and 
     each committee;
       (3) each joint committee of the Congress;
       (4) the Capitol Guide Service;
       (5) the Capitol Police;
       (6) the Congressional Budget Office;
       (7) the Office of the Architect of the Capitol (including 
     the Senate Restaurants and the Botanic Garden);
       (8) the Office of the Attending Physician; and
       (9) the Office of Compliance.
       Purchase or lease, with respect to vehicles, means the time 
     at which a public or covered 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.
       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.
       Station means 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 
     Sec. 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.
       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 covered 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 
     Americans With Disabilities Act, which is not applied to 
     covered entities by section 210 of the CAA.
       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.
     Sec. 37.5  Nondiscrimination.
       (a) No covered 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) 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.
       (g) 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.
     Sec. 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 these 
     regulations.
       (b)(1) For purposes of implementing the equivalent 
     facilitation provision in Sec. 38.2 of these regulations, the 
     following parties may submit to the General Counsel of the 
     applicable operating administration a request for a 
     determination of equivalent facilitation:
       (i) A public or covered entity that provides transportation 
     services and is subject to the provisions of subpart D or 
     subpart E of this part; or
       (ii) The manufacturer of a vehicle or a vehicle component 
     or subsystem to be used by such entity to comply with this 
     part.
       (2) The requesting party shall provide the following 
     information with its request:
       (i) Entity name, address, contact person and telephone;
       (ii) Specific provision of part 38 of these regulations 
     concerning which the entity is seeking a determination of 
     equivalent facilitation;
       (iii) [Reserved];
       (iv) 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
       (v) Documentation of the public participation used in 
     developing an alternative method of compliance.
       (3) In the case of a request by a public entity that 
     provides transportation services subject to the provisions of 
     subpart D of this part, the required public participation 
     shall include the following:
       (i) The entity shall contact individuals with disabilities 
     and groups representing them in the community. Consultation 
     with these individuals and groups shall take place at all 
     stages of the development of the request for equivalent 
     facilitation. All documents and other information concerning 
     the request shall be available, upon request to members of 
     the public.
       (ii) The entity shall make its proposed request available 
     for public comment before the request is made final or 
     transmitted to the General Counsel. In making the request 
     available for public review, the entity shall ensure that it 
     is available, upon request, in accessible formats.
       (iii) The entity shall sponsor at least one public hearing 
     on the request 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.
       (4) In the case of a request by a covered entity that 
     provides transportation services subject to the provisions of 
     subpart E of this part, the covered entity shall consult, in 
     person, in writing, or by other appropriate means, with 
     representatives of national and local organizations 
     representing people with those disabilities who would be 
     affected by the request.
       (5) A determination of compliance will be made by the 
     General Counsel of the concerned operating administration on 
     a case-by-case basis.
       (6) Determinations of equivalent facilitation are made only 
     with respect to vehicles or vehicle components used in the 
     provision of transportation services covered by subpart D or 
     subpart E of this part, and pertain only to the specific 
     situation concerning which the determination is made. 
     Entities shall not cite these determinations as indicating 
     that a product or method constitute equivalent facilitation 
     in situations other than those to which the determination is 
     made. Entities shall not claim that a determination of 
     equivalent facilitation indicates approval or endorsement of 
     any product or method by the Office.
       (c) Over-the-road buses acquired by public entities (or by 
     a contractor to a public entity as provided in Sec. 37.23 of 
     this part) shall comply with Sec. 38.23 and subpart G of part 
     38 of these regulations.
     Sec. 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 1, 1997, 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 Sec. 37.47 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

[[Page H10696]]

     provisions covering those elements or spaces are contained in 
     UFAS or ANSI A117.1, as applicable.
       (c) Public entities shall ensure the construction of new 
     bus stop pads are in compliance with section 10.2.1(1) of 
     appendix A to this part, to the extent construction 
     specifications are within their control.
       (d)(1) For purposes of implementing the equivalent 
     facilitation provision in section 2.2 of appendix A to this 
     part, the following parties may submit to the General Counsel 
     a request for a determination of equivalent facilitation:
       (i) A public or covered entity that provides transportation 
     services subject to the provisions of subpart C of this part, 
     or any other appropriate party with the concurrence of the 
     General Counsel.
       (ii) The manufacturer of a product or accessibility feature 
     to be used in the facility of such entity to comply with this 
     part.
       (2) The requesting party shall provide the following 
     information with its request:
       (i) Entity name, address, contact person and telephone;
       (ii) Specific provision of appendix A to part 37 of these 
     regulations concerning which the entity is seeking a 
     determination of equivalent facilitation;
       (iii) [Reserved];
       (iv) Alternative method of compliance, with demonstration 
     of how the alternative meets or exceeds the level of 
     accessibility or usability of the vehicle provided in 
     appendix A to this part; and
       (v) Documentation of the public participation used in 
     developing an alternative method of compliance.
       (3) In the case of a request by a public entity that 
     provides transportation facilities, the required public 
     participation shall include the following:
       (i) The entity shall contact individuals with disabilities 
     and groups representing them in the community. Consultation 
     with these individuals and groups shall take place at all 
     stages of the development of the request for equivalent 
     facilitation. All documents and other information concerning 
     the request shall be available, upon request to members of 
     the public.
       (ii) The entity shall make its proposed request available 
     for public comment before the request is made final or 
     transmitted to the General Counsel. In making the request 
     available for public review, the entity shall ensure that it 
     is available, upon request, in accessible formats.
       (iii) The entity shall sponsor at least one public hearing 
     on the request and shall provide adequate notice of the 
     hearing, including advertisement in appropriate medial, such 
     as newspapers of general and special interest circulation and 
     radio announcements.
       (4) In the case of a request by a covered entity, the 
     covered entity shall consult, in person, in writing, or by 
     other appropriate means, with representatives of national and 
     local organizations representing people with those 
     disabilities who would be affected by the request.
       (5) A determination of compliance will be made by the 
     General Counsel on a case-by-case basis.
       (6) Determinations of equivalent facilitation are made only 
     with respect to vehicles or vehicle components used in the 
     provision of transportation services covered by subpart D or 
     subpart E of this part, and pertain only to the specific 
     situation concerning which the determination is made. 
     Entities shall not cite these determinations as indicating 
     that a product or method constitute equivalent facilitations 
     in situations other than those to which the determination is 
     made. Entities shall not claim that a determination of 
     equivalent facilitation indicates approval or endorsement of 
     any product or method by the Office.
     Sec. 37.11  [Reserved]
     Sec. 37.13  Effective date for certain vehicle lift 
         specifications.
       The vehicle lift specifications identified in 
     Sec. Sec. 38.23(b)(6) and 38.83(b)(6) apply to solicitations 
     for vehicles under this part after December 31, 1996.
     Sec. Sec. 37.15  Temporary suspension of certain detectable 
         warning requirements.
       The detectable warning requirements contained in sections 
     4.7.7, 4.29.5, and 3.29.6 of appendix A to this part are 
     suspended temporarily until July 26, 1998.
     Sec. Sec. 37.17-37.19  [Reserved]


                        Subpart B--Applicability

     Sec. 37.21  Applicability: General.
       (a) This part applies to the following entities:
       (1) Any public entity that provides designated public 
     transportation; and
       (2) Any covered entity that is not primarily engaged in the 
     business of transporting people but operates a demand 
     responsive or fixed route system.
       (b) Entities to which this part applies also may be subject 
     to CAA regulations of the Office of Compliance (parts 35 or 
     36, as applicable). The provisions of this part shall be 
     interpreted in a manner that will make them consistent with 
     applicable Office of Compliance regulations. In any case of 
     apparent inconsistency, the provisions of this part shall 
     prevail.
     Sec. 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 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.
     Sec. 37.25  [Reserved]
     Sec. 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 covered 
     elementary or secondary school, and its school-related 
     activities, if the school 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 Sec. 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 covered entities not primarily engaged in 
     transporting people.
     Sec. 37.29  [Reserved]
     Sec. 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.
     Sec. Sec. 37.33-37.35  [Reserved]
     Sec. 37.37  Other applications.
       (a) Shuttle systems and other transportation services 
     operated by public accommodations are subject to the 
     requirements of this part for covered 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.
       (b) 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 
     the Board's regulations implementing the non-transportation 
     provisions of title II or title III of the ADA, as applied by 
     section 210 of the CAA, as applicable.
       (c) 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 requirements of 
     section 201 of the CAA .
     Sec. 37.39  [Reserved]


                  Subpart C--Transportation Facilities

     Sec. 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. For purposes of this section, a facility or 
     station is `new' if its construction begins (i.e., issuance 
     of notice to proceed) after December 31, 1996.
     Sec. 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 December 31, 1996.
       (b) As used in this section, the phrase to the maximum 
     extent feasible applies to the occasional case where the 
     nature of an existing

[[Page H10697]]

     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 TTYs);
       (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 1, 1997, 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 1, 1997, 
     shall be considered in determining if the cost of providing 
     an accessible path of travel is disproportionate to the 
     overall cost of the alteration.
     Sec. 37.45  Construction and alteration of transportation 
         facilities by covered entities.
       In constructing and altering transit facilities, covered 
     entities shall comply with the regulations of the Board 
     implementing title III of the ADA, as applied by section 210 
     of the CAA (part 36).
     Sec. 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 Sec. 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 an 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 January 1, 2000, except that an 
     entity is not required to complete installation of detectable 
     warnings required by section 10.3.2(2) of appendix A to this 
     part until January 1, 2001.
       (2) The General Counsel may grant an extension of this 
     completion date for key station accessibility for a period up 
     to January 1, 2025, provided that two-thirds of key stations 
     are made accessible by January 1, 2015. 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 General 
     Counsel's office by July 1, 1997.
       (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 General Counsel 
     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 January 1, 2000, deadline for key station accessibility 
     shall include a request for an extension with its plan 
     submitted to the General Counsel 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 General Counsel may 
     approve, approve with conditions, modify, or disapprove any 
     request for an extension.
     Sec. Sec. 37.49-37.59  [Reserved]
     Sec. 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 Sec. 37.43 (with respect 
     to alterations) or Sec. 37.47 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.
     Sec. Sec. 37.63-37.69  [Reserved]


   Subpart D--Acquisition of Accessible Vehicles by Public Entities.

     Sec. 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 January 31, 1997, 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.

[[Page H10698]]

       (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 General Counsel 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 General Counsel may grant a request for such a 
     waiver if the public entity demonstrates to the General 
     Counsel'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 General Counsel 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 General Counsel 
     may impose.
       (g)(1) When the General Counsel grants a waiver under this 
     section, he/she shall promptly notify any appropriate 
     committees of Congress.
       (2) If the General Counsel has reasonable cause to believe 
     that a public entity fraudulently applied for a waiver under 
     this section, the General Counsel shall:
       (i) Cancel the waiver if it is still in effect; and
       (ii) Take other appropriate action.
     Sec. 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 January 31, 1997, 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 General Counsel and the public.
      Sec. 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 January 31, 1997, 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 
     January 31, 1997, 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 General Counsel for a determination of the 
     historic character of the vehicle. The General Counsel 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.
      Sec. 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 January 31, 1997, 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, which determines that its service to 
     individuals with disabilities is equivalent to that provided 
     other persons shall, before any procurement of an 
     inaccessible vehicle, make a certificate that it provides 
     equivalent service meeting the standards of paragraph (c) of 
     this section. A public entity shall make such a certificate 
     and retain it in its files, subject to inspection on request 
     of the General Counsel. All certificates under this paragraph 
     may be made in connection with a particular procurement or in 
     advance of a procurement; however, no certificate shall be 
     valid for more than one year.
        (e) The waiver mechanism set forth in Sec. 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.
      Sec. 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 January 31, 1997, 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.
      Sec. 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 January 31, 1997, 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

[[Page H10699]]

     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 General 
     Counsel and the public.
     Sec. 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 January 31, 1997, 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 
     January 31, 1997, 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 General Counsel for a determination of the 
     historic character of the vehicle. The General Counsel 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.
     Sec. Sec. 37.85-37.91  [Reserved]
     Sec. 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 
     these regulations.
       (b) 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 December 31, 2001.
     Sec. 37.95  [Reserved]
     Sec. Sec. 37.97-37.99  [Reserved]


   Subpart E--Acquisition of Accessible Vehicles by Covered Entities

     Sec. 37.101  Purchase or lease of vehicles by covered 
         entities not primarily engaged in the business of 
         transporting people.
       (a) Application. This section applies to all purchases or 
     leases of vehicles by covered entities which are not 
     primarily engaged in the business of transporting people, in 
     which a solicitation for the vehicle is made after January 
     31, 1997.
       (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 Sec. 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 Sec. 37.105 of this part.
       (e) Demand Responsive System, Vehicle Capacity of 16 or 
     Fewer. Entities providing demand responsive transportation 
     covered under this section are not specifically required to 
     ensure that new vehicles with seating capacity of 16 or fewer 
     are accessible to individuals with wheelchairs. These 
     entities are required to ensure that their systems, when 
     viewed in their entirety, meet the equivalent service 
     requirements of Sec. Sec. 37.171 and 37.105, regardless of 
     whether or not the entities purchase a new vehicle.
     Sec. 37.103  [Reserved]
     Sec. 37.105  Equivalent service standard.
       For purposes of Sec.  37.101 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).
     Sec. Sec. 37.107-37.109  [Reserved]
     Sec. Sec. 37.111-37.119  [Reserved]


     Subpart F--Paratransit as a Complement to Fixed Route Service

     Sec. 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 Sec. Sec. 37.123-37.133 of this subpart. The requirement 
     to comply with Sec. 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 systems.
     Sec. 37.123  CAA paratransit eligibility--standards.
       (a) Public entities required by Sec. 37.121 of this subpart 
     to provide complementary paratransit service shall provide 
     the service to the CAA 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 CAA paratransit eligible only for those 
     trips for which he or she meets the criteria.
       (c) Individuals may be CAA paratransit eligible on the 
     basis of a permanent or temporary disability.
       (d) Public entities may provide complementary paratransit 
     service to persons other than CAA paratransit eligible 
     individuals. However, only the cost of service to CAA 
     paratransit eligible individuals may be considered in a 
     public entity's request for an undue financial burden waiver 
     under Sec. Sec. 37.151-37.155 of this part.
       (e) The following individuals are CAA 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 Sec.  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 
     these regulations), 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

[[Page H10700]]

     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 a CAA paratransit eligible 
     individual shall be provided service as follows:
       (1) One other individual accompanying the CAA paratransit 
     eligible individual shall be provided service.
       (i) If the CAA 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 CAA paratransit 
     eligible individual shall be provided service, provided that 
     space is available for them on the paratransit vehicle 
     carrying the CAA paratransit eligible individual and that 
     transportation of the additional individuals will not result 
     in a denial of service to CAA 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.
     Sec. 37.125  CAA paratransit eligibility: process.
       Each public entity required to provide complementary 
     paratransit service by Sec.  37.121 of this part shall 
     establish a process for determining CAA paratransit 
     eligibility.
       (a) The process shall strictly limit CAA paratransit 
     eligibility to individuals specified in Sec. 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 ``CAA 
     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 CAA 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 CAA 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 CAA paratransit eligibility, the 
     entity may require the applicant to indicate whether or not 
     he or she travels with a personal care attendant.
     Sec. 37.127  Complementary paratransit service for visitors.
       (a) Each public entity required to provide complementary 
     paratransit service under Sec.  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 CAA paratransit eligible, under 
     the criteria of Sec.  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 shall make the service to a visitor 
     required by this section available for any combination of 21 
     days during any 365-day period beginning with the visitor's 
     first use of the service during such 365-day period. In no 
     case shall the public entity require a visitor to apply for 
     or receive eligibility certification from the public entity 
     before receiving the service required by this section.
     Sec. 37.129  Types of service.
       (a) Except as provided in this section, complementary 
     paratransit service for CAA paratransit eligible persons 
     shall be origin-to-destination service.
       (b) Complementary paratransit service for CAA paratransit 
     eligible persons described in Sec. 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 CAA eligible 
     persons described in Sec. 37.123 (e)(3) of this part also may 
     be provided by paratransit feeder service to and/or from an 
     accessible fixed route.
     Sec. 37.131  Service criteria for complementary paratransit.
       The following service criteria apply to complementary 
     paratransit required by Sec. 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 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

[[Page H10701]]

     practicable steps to provide paratransit service to any part 
     of its service area.
       (b) Response Time. The entity shall schedule and provide 
     paratransit service to any CAA 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 a CAA 
     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 may permit advance reservations to be made 
     up to 14 days in advance of a CAA paratransit eligible 
     individual's desired trips. When an entity proposes to change 
     its reservations system, it shall comply with the public 
     participation requirements equivalent to those of 
     Sec. 37.131(b) and (c).
       (c) Fares. The fare for a trip charged to a CAA 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 CAA paratransit 
     eligible individuals, who are provided service under 
     Sec. 37.123 (f) of this part, shall be the same as for the 
     CAA 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).
       (d) Trip Purpose Restrictions. The entity shall not impose 
     restrictions or priorities based on trip purpose.
       (e) 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.
       (f) Capacity Constraints. The entity shall not limit the 
     availability of complementary paratransit service to CAA 
     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 CAA 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.
       (g) Additional Service. Public entities may provide 
     complementary paratransit service to CAA 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 Sec. Sec. 37.151-37.155 
     of this part.
     Sec. 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.
     Sec. 37.135  Submission of paratransit plan.
       (a) General. Each public entity operating fixed route 
     transportation service, which is required by Sec. 37.121 to 
     provide complementary paratransit service, shall develop a 
     paratransit plan.
       (b) Initial Submission. Except as provided in Sec. 37.141 
     of this part, each entity shall submit its initial plan for 
     compliance with the complementary paratransit service 
     provision by June 1, 1998, to the appropriate location 
     identified in paragraph (f) of this section.
       (c) Annual Updates. Except as provided in this paragraph, 
     each entity shall submit its annual update to the plan on 
     June 1 of each succeeding year.
       (1) If an entity has met and is continuing to meet all 
     requirements for complementary paratransit in 
     Sec. Sec. 37.121-37.133 of this part, the entity may submit 
     to the General Counsel an annual certification of continued 
     compliance in lieu of a plan update. Entities that have 
     submitted a joint plan under Sec. 37.141 may submit a joint 
     certification under this paragraph. The requirements of 
     Sec. Sec. 37.137(a) and (b), 37.138 and 37.139 do not apply 
     when a certification is submitted under this paragraph.
       (2) In the event of any change in circumstances that 
     results in an entity which has submitted a certification of 
     continued compliance falling short of compliance with 
     Sec. Sec. 37.121-37.133, the entity shall immediately notify 
     the General Counsel in writing of the problem. In this case, 
     the entity shall also file a plan update meeting the 
     requirements of Sec. Sec. 37.137-37.139 of this part on the 
     next following June 1 and in each succeeding year until the 
     entity returns to full compliance.
       (3) An entity that has demonstrated undue financial burden 
     to the General Counsel shall file a plan update meeting the 
     requirements of Sec. Sec. 37.137-37.139 of this part on each 
     June 1 until full compliance with Sec. Sec. 37.121-37.133 is 
     attained.
       (4) If the General Counsel reasonably believes that an 
     entity may not be fully complying with all service criteria, 
     the General Counsel may require the entity to provide an 
     annual update to its plan.
       (d) Phase-in of Implementation. Each plan shall provide for 
     full compliance by no later than June 1, 2003, unless the 
     entity has received a waiver based on undue financial burden. 
     If the date for full compliance specified in the plan is 
     after June 1, 1999, 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 June 1, 1998.
       (f) Submission Locations. An entity shall submit its plan 
     to the General Counsel's office.
     Sec. 37.137  Paratransit plan development.
       (a) Survey of existing services. Each submitting entity 
     shall survey the area to be covered by the plan to identify 
     any person or entity (public or covered) which provides a 
     paratransit or other special transportation service for CAA 
     paratransit eligible individuals in the service area to which 
     the plan applies.
       (b) Public participation.
       Each submitting entity shall ensure public participation in 
     the development of its paratransit plan, including at least 
     the following:
       (1) Outreach. Each submitting entity shall solicit 
     participation in the development of its plan by 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.
     Sec. 37.139  Plan contents.
       Each plan shall contain the following information:
       (a) Identification of the entity or entities submitting the 
     plan, specifying for each
       (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 
     1, 1997 (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;

[[Page H10702]]

       (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 Sec. 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 CAA paratransit eligibility.
       (d) A description of the plan to provide comparable 
     paratransit, including:
       (1) An estimate of demand for comparable paratransit 
     service by CAA 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 CAA 
     paratransit service criteria;
       (4) A description of the planned comparable paratransit 
     service as it relates to each of the service criteria 
     described in Sec.  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 June 1, 2003. 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 CAA 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 Sec. Sec. 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 Sec. 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 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 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) a certification that the survey of existing paratransit 
     service was conducted as required in Sec.  37.137(a) of this 
     part;
       (3) 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) CAA 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 the General Counsel to consider the factors in 
     Sec.  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. (1) The annual plan updates 
     submitted June 1, 1999, and annually thereafter, shall 
     include information necessary to update the information 
     requirements of this section. Information submitted annually 
     must include all significant changes and revisions to the 
     timetable for implementation;
       (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 Sec.  37.137 of this part.
     Sec. 37.141  Requirements for a joint paratransit plan.
       (a) Two or more public 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 June 1, 1998. If a 
     coordinated plan is not completed by June 1, 1998, 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 Sec.  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 CAA 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 June 1, 1998, must 
     submit a complete plan by December 1, 1998.
       (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.
     Sec. 37.143  Paratransit plan implementation.
       (a) Each entity shall begin implementation of its 
     complementary paratransit plan, pending notice from the 
     General Counsel. 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.
     Sec. 37.145  [Reserved]
     Sec. 37.147  Considerations during General Counsel review.
       In reviewing each plan, at a minimum the General Counsel 
     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 Sec.  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;
       (e) Whether the entity complied with the public 
     participation efforts required by this part; and
       (f) The extent to which efforts were made to coordinate 
     with other public entities with overlapping or contiguous 
     service areas or jurisdictions.
     Sec. 37.149  Disapproved plans.
       (a) If a plan is disapproved in whole or in part, the 
     General Counsel will specify which provisions are 
     disapproved. Each entity shall amend its plan consistent with 
     this information and resubmit the plan to the General 
     Counsel's 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 Sec. 37.137 of 
     this part).
     Sec. 37.151  Waiver for undue financial burden.
       If compliance with the service criteria of Sec. 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 Sec. 37.137 of this part and if the following 
     conditions apply:
       (a) At the time of submission of the initial plan on June 
     1, 1998
       (1) The entity determines that it cannot meet all of the 
     service criteria by June 1, 2003; or

[[Page H10703]]

       (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 June 
     1, 2003, or make measured progress in any year before 2003, 
     as described in paragraph (a)(2) of this section.
     Sec. 37.153  General Counsel waiver determination.
       (a) The General Counsel will determine whether to grant a 
     waiver for undue financial burden on a case-by-case basis, 
     after considering the factors identified in Sec. 37.155 of 
     this part and the information accompanying the request. If 
     necessary, the General Counsel 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 General Counsel grants the 
     applicant a waiver, the General Counsel 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 General Counsel determines are appropriate to 
     maximize the complementary paratransit service that is 
     provided to CAA 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 CAA paratransit eligible person per month, while 
     attempting to meet all other service criteria.
       (2) Require the public entity to provide basic 
     complementary paratransit services to all CAA 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 Sec.  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 General Counsel 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 CAA paratransit 
     eligible individuals to the maximum extent feasible.
     Sec. 37.155  Factors in decision to grant an undue financial 
         burden waiver.
       (a) In making an undue financial burden determination, the 
     General Counsel 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 CAA 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 CAA 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 CAA and other trips 
     on a trip-by-trip basis, the entity shall attribute to CAA 
     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 
     CAA-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

     Sec. 37.161  Maintenance of accessible features: general.
       (a) Public and covered 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.
     Sec. 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.
     Sec. 37.165  Lift and securement use.
       (a) This section applies to public and covered 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 these 
     regulations, 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. Provided that an 
     entity is not required to permit such individuals to use a 
     lift Model 141 manufactured by EEC, Inc. If the entity 
     chooses not to allow such individuals to use such a lift, it 
     shall clearly notify consumers of this fact by signage on the 
     exterior of the vehicle (adjacent to and of equivalent size 
     with the accessibility symbol).
     Sec. 37.167  Other service requirements
       (a) This section applies to public and covered entities.

[[Page H10704]]

       (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 these regulations.
       (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.
       (j)(1) When an individual with a disability enters a 
     vehicle, and because of a disability, the individual needs to 
     sit in a seat or occupy a wheelchair securement location, the 
     entity shall ask the following person to move in order to 
     allow the individual with a disability to occupy the seat or 
     securement location:
       (i) Individuals, except other individuals with a disability 
     or elderly persons, sitting in a location designated as 
     priority seating for elderly and handicapped persons (or 
     other seat as necessary);
       (ii) Individuals sitting in or a fold-down or other movable 
     seat in a wheelchair securement location.
       (2) This requirement applies to light rail and rapid rail 
     systems only to the extent practicable.
       (3) The entity is not required to enforce the request that 
     other passengers move from priority seating areas or 
     wheelchair securement locations.
       (4) In all signage designating priority seating areas for 
     elderly persons or persons with disabilities, or designating 
     wheelchair securement areas, the entity shall include 
     language informing persons siting in these locations that 
     they should comply with requests by transit provider 
     personnel to vacate their seats to make room for an 
     individual with a disability. This requirement applies to all 
     fixed route vehicles when they are acquired by the entity or 
     to new or replacement signage in the entity's existing fixed 
     route vehicles.
     Sec. 37.169  Interim requirements for over-the-road bus 
         service operated by covered entities.
       (a) Covered 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 covered 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 covered 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.
     Sec. 37.171  Equivalency requirement for demand responsive 
         service operated by covered entities not primarily 
         engaged in the business of transporting people.
       A covered 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 
     Sec. 37.105 shall be used to determine if the entity is 
     providing equivalent service.
     Sec. 37.173  Training.
       Each public or covered 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.

    Appendix A to Part 37--Standards for Accessible Transportation 
                               Facilities

       [Copies of this appendix may be obtained from the Office of 
     Compliance, Room LA 200, John Adams Building, 110 Second 
     Street, S.E., Washington, D.C. 20540-1999.]

                 Appendix B to Part 37--Certifications

                  Certification of Equivalent Service

       The (name of agency) certifies that its demand responsive 
     service offered to individuals with disabilities, including 
     individuals who use wheelchairs, is equivalent to the level 
     and quality of service offered to individuals without 
     disabilities. Such 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.
       This certification is valid for no longer than one year 
     from its date of filing.

     ____________________________________________
     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 section 37.137 (a) of the CAA regulations.

     ____________________________________________
     signature
     ____________________________________________
     name of authorized official
     ____________________________________________
     title
     ____________________________________________
     date

                     Included Service Certification

       This is to certify that service provided by other entities 
     but included in the CAA paratransit plan submitted by (name 
     of submitting entity (ies)) meets the requirements of part 
     37, subpart F of the CAA regulations providing that CAA 
     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 CAA paratransit service as 
     part of this coordinated plan and in conformance with the 
     requirements of part 37 subpart F of the CAA regulations.

     ____________________________________________
     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 section 37.141 of the CAA 
     regulations, maintain current levels of paratransit service 
     until the coordinated plan goes into effect.

     ____________________________________________
     signature
     ____________________________________________
     name of authorized official

[[Page H10705]]

     ____________________________________________
     title
     ____________________________________________
     date

     Part 38--Congressional Accountability Act [CAA] Accessibility 
                 Guidelines for Transportation Vehicles

                           Subpart A--General

     Sec.
     38.1  Purpose.
     38.2  Equivalent facilitation.
     38.3  Definitions.
     38.4  Miscellaneous instructions.

                   Subpart B--Buses, Vans and Systems

     38.21  General.
     38.23  Mobility aid accessibility.
     38.25  Doors, steps and thresholds.
     38.27  Priority seating signs.
     38.29  Interior circulation, handrails and stanchions.
     38.31  Lighting.
     38.33  Fare box.
     38.35  Public information system.
     38.37  Stop request.
     38.39  Destination and route signs.

               Subpart C--Rapid Rail Vehicles and Systems

     38.51  General.
     38.53  Doorways.
     38.55  Priority seating signs.
     38.57  Interior circulation, handrails and stanchions.
     38.59  Floor surfaces.
     38.61  Public information system.
     38.63  Between-car barriers.

               Subpart D--Light Rail Vehicles and Systems

     38.71  General.
     38.73  Doorways.
     38.75  Priority seating signs.
     38.77  Interior circulation, handrails and stanchions.
     38.79  Floors, steps and thresholds.
     38.81  Lighting.
     38.83  Mobility aid accessibility.
     38.85  Between-car barriers.
     38.87  Public information system.
     38.91-38.127  [Reserved]

               Subpart F--Over-the-Road Buses and Systems

     38.151  General.
     38.153  Doors, steps and thresholds.
     38.155  Interior circulation, handrails and stanchions.
     38.157  Lighting.
     38.159  Mobility aid accessibility. [Reserved]

                 Subpart G--Other Vehicles and Systems

     38.171  General.
     38.173  Automated guideway transit vehicles and systems.
     38.175  [Reserved]
     38.177  [Reserved]
     38.179  Trams, similar vehicles, and systems.
     Figures in Part 38
     Appendix to Part 38--Guidance Material


                           Subpart A--General

     Sec. 38.1 Purpose.
       This part provides minimum guidelines and requirements for 
     accessibility standards in part 37 of these regulations for 
     transportation vehicles required to be accessible by section 
     210 of the Congressional Accountability Act (2 U.S.C. 1331, 
     et seq.) which, inter alia, applies the rights and 
     protections of the Americans with Disabilities Act (ADA) of 
     1990 (42 U.S.C. 12101 et seq.) to covered entities within the 
     Legislative Branch.
     Sec. 38.2 Equivalent facilitation.
       Departures from particular technical and scoping 
     requirements of these guidelines by use of other designs and 
     technologies are permitted where the alternative designs and 
     technologies used will provide substantially equivalent or 
     greater access to and usability of the vehicle. Departures 
     are to be considered on a case-by-case basis by the Office of 
     Compliance under the procedure set forth in Sec. 37.7 of 
     these regulations.
     Sec. 38.3 Definitions.
       See Sec. 37.3 of these regulations.
     Sec. 38.4 Miscellaneous instructions.
       (a) Dimensional conventions. Dimensions that are not noted 
     as minimum or maximum are absolute.
       (b) Dimensional tolerances. All dimensions are subject to 
     conventional engineering tolerances for material properties 
     and field conditions, including normal anticipated wear not 
     exceeding accepted industry-wide standards and practices.
       (c) Notes. The text of these guidelines does not contain 
     notes or footnotes. Additional information, explanations, and 
     advisory materials are located in the Appendix.
       (d) General terminology. (1) Comply with means meet one or 
     more specification of these guidelines.
       (2) If, or if * * * then denotes a specification that 
     applies only when the conditions described are present.
       (3) May denotes an option or alternative.
       (4) Shall denotes a mandatory specification or requirement.
       (5) Should denotes an advisory specification or 
     recommendation and is used only in the appendix to this part.


                   Subpart B--Buses, Vans and Systems

     Sec. 38.21 General.
       (a) New, used or remanufactured buses and vans (except 
     over-the-road buses covered by subpart G of this part), to be 
     considered accessible by regulations issued by the Board of 
     Directors of the Office of Compliance in part 37 of these 
     regulations, shall comply with the applicable provisions of 
     this subpart.
       (b) If portions of the vehicle are modified in a way that 
     affects or could affect accessibility, each such portion 
     shall comply, to the extent practicable, with the applicable 
     provisions of this subpart. This provision does not require 
     that inaccessible buses be retrofitted with lifts, ramps or 
     other boarding devices.
     Sec. 38.23 Mobility aid accessibility.
       (a) General. All vehicles covered by this subpart shall 
     provide a level-change mechanism or boarding device (e.g., 
     lift or ramp) complying with paragraph (b) or (c) of this 
     section and sufficient clearances to permit a wheelchair or 
     other mobility aid user to reach a securement location. At 
     least two securement locations and devices, complying with 
     paragraph (d) of this section, shall be provided on vehicles 
     in excess of 22 feet in length; at least one securement 
     location and device, complying with paragraph (d) of this 
     section, shall be provided on vehicles 22 feet in length or 
     less.
       (b) Vehicle lift--(1) Design load. The design load of the 
     lift shall be at least 600 pounds. Working parts, such as 
     cables, pulleys, and shafts, which can be expected to wear, 
     and upon which the lift depends for support of the load, 
     shall have a safety factor of at least six, based on the 
     ultimate strength of the material. Nonworking parts, such as 
     platform, frame, and attachment hardware which would not be 
     expected to wear, shall have a safety factor of at least 
     three, based on the ultimate strength of the material.
       (2) Controls--(i) Requirements. The controls shall be 
     interlocked with the vehicle brakes, transmission, or door, 
     or shall provide other appropriate mechanisms or systems, to 
     ensure that the vehicle cannot be moved when the lift is not 
     stowed and so the lift cannot be deployed unless the 
     interlocks or systems are engaged. The lift shall deploy to 
     all levels (i.e., ground, curb, and intermediate positions) 
     normally encountered in the operating environment. Where 
     provided, each control for deploying, lowering, raising, and 
     stowing the lift and lowering the roll-off barrier shall be 
     of a momentary contact type requiring continuous manual 
     pressure by the operator and shall not allow improper lift 
     sequencing when the lift platform is occupied. The controls 
     shall allow reversal of the lift operation sequence, such as 
     raising or lowering a platform that is part way down, without 
     allowing an occupied platform to fold or retract into the 
     stowed position.
       (ii) Exception. Where the lift is designed to deploy with 
     its long dimension parallel to the vehicle axis and which 
     pivots into or out of the vehicle while occupied (i.e., 
     ``rotary lift''), the requirements of this paragraph 
     prohibiting the lift from being stowed while occupied shall 
     not apply if the stowed position is within the passenger 
     compartment and the lift is intended to be stowed while 
     occupied.
       (3) Emergency operation. The lift shall incorporate an 
     emergency method of deploying, lowering to ground level with 
     a lift occupant, and raising and stowing the empty lift if 
     the power to the lift fails. No emergency method, manual or 
     otherwise, shall be capable of being operated in a manner 
     that could be hazardous to the lift occupant or to the 
     operator when operated according to manufacturer's 
     instructions, and shall not permit the platform to be stowed 
     or folded when occupied, unless the lift is a rotary lift and 
     is intended to be stowed while occupied.
       (4) Power or equipment failure. Platforms stowed in a 
     vertical position, and deployed platforms when occupied, 
     shall have provisions to prevent their deploying, falling, or 
     folding any faster than 12 inches/second or their dropping of 
     an occupant in the event of a single failure of any load 
     carrying component.
       (5) Platform barriers. The lift platform shall be equipped 
     with barriers to prevent any of the wheels of a wheelchair or 
     mobility aid from rolling off the platform during its 
     operation. A movable barrier or inherent design feature shall 
     prevent a wheelchair or mobility aid from rolling off the 
     edge closest to the vehicle until the platform is in its 
     fully raised position. Each side of the lift platform which 
     extends beyond the vehicle in its raised position shall have 
     a barrier a minimum 1\1/2\ inches high. Such barriers shall 
     not interfere with maneuvering into or out of the aisle. The 
     loading-edge barrier (outer barrier) which functions as a 
     loading ramp when the lift is at ground level, shall be 
     sufficient when raised or closed, or a supplementary system 
     shall be provided, to prevent a power wheelchair or mobility 
     aid from riding over or defeating it. The outer barrier of 
     the lift shall automatically raise or close, or a 
     supplementary system shall automatically engage, and remain 
     raised, closed, or engaged at all times that the platform is 
     more than 3 inches above the roadway or sidewalk and the 
     platform is occupied. Alternatively, a barrier or system may 
     be raised, lowered, opened, closed, engaged, or disengaged by 
     the lift operator, provided an interlock or inherent design 
     feature prevents the lift from rising unless the barrier is 
     raised or closed or the supplementary system is engaged.
       (6) Platform surface. The platform surface shall be free of 
     any protrusions over \1/4\ inch high and shall be slip 
     resistant. The platform shall have a minimum clear width of 
     28\1/2\ inches at the platform, a minimum clear width of 30 
     inches measured from 2 inches above the platform surface to 
     30 inches above the platform, and a minimum clear length of 
     48 inches measured from 2 inches above the surface of the 
     platform to 30 inches above the surface of the platform. (See 
     Fig. 1)
       (7) Platform gaps.  Any openings between the platform 
     surface and the raised barriers shall

[[Page H10706]]

     not exceed \5/8\ inch in width. When the platform is at 
     vehicle floor height with the inner barrier (if applicable) 
     down or retracted, gaps between the forward lift platform 
     edge and the vehicle floor shall not exceed \1/2\ inch 
     horizontally and \5/8\ inch vertically. Platforms on 
     semiautomatic lifts may have a hand hold not exceeding 1\1/2\ 
     inches by 4\1/2\ inches located between the edge barriers.
       (8) Platform entrance ramp. The entrance ramp, or loading-
     edge barrier used as a ramp, shall not exceed a slope of 1:8, 
     measured on level ground, for a maximum rise of 3 inches, and 
     the transition from roadway or sidewalk to ramp may be 
     vertical without edge treatment up to \1/4\ inch. Thresholds 
     between \1/4\ inch and \1/2\ inch high shall be beveled with 
     a slope no greater than 1:2.
       (9) Platform deflection. The lift platform (not including 
     the entrance ramp) shall not deflect more than 3 degrees 
     (exclusive of vehicle roll or pitch) in any direction between 
     its unloaded position and its position when loaded with 600 
     pounds applied through a 26 inch by 26 inch test pallet at 
     the centroid of the platform.
       (10) Platform movement. No part of the platform shall move 
     at a rate exceeding 6 inches/second during lowering and 
     lifting an occupant, and shall not exceed 12 inches/second 
     during deploying or stowing. This requirement does not apply 
     to the deployment or stowage cycles of lifts that are 
     manually deployed or stowed. The maximum platform horizontal 
     and vertical acceleration when occupied shall be 0.3g.
       (11) Boarding direction. The lift shall permit both inboard 
     and outboard facing of wheelchair and mobility aid users.
       (12) Use by standees. Lifts shall accommodate persons using 
     walkers, crutches, canes or braces or who otherwise have 
     difficulty using steps. The platform may be marked to 
     indicate a preferred standing position.
       (13) Handrails. Platforms on lifts shall be equipped with 
     handrails on two sides, which move in tandem with the lift, 
     and which shall be graspable and provide support to standees 
     throughout the entire lift operation. Handrails shall have a 
     usable component at least 8 inches long with the lowest 
     portion a minimum 30 inches above the platform and the 
     highest portion a maximum 38 inches above the platform. The 
     handrails shall be capable of withstanding a force of 100 
     pounds concentrated at any point on the handrail without 
     permanent deformation of the rail or its supporting 
     structure. The handrail shall have a cross-sectional diameter 
     between 1\1/4\ inches and 1\1/2\ inches or shall provide an 
     equivalent grasping surface, and have eased edges with corner 
     radii of not less than \1/8\ inch. Handrails shall be placed 
     to provide a minimum 1\1/2\ inches knuckle clearance from the 
     nearest adjacent surface. Handrails shall not interfere with 
     wheelchair or mobility aid maneuverability when entering or 
     leaving the vehicle.
       (c) Vehicle ramp--(1) Design load. Ramps 30 inches or 
     longer shall support a load of 600 pounds, placed at the 
     centroid of the ramp distributed over an area of 26 inches by 
     26 inches, with a safety factor of at least 3 based on the 
     ultimate strength of the material. Ramps shorter than 30 
     inches shall support a load of 300 pounds.
       (2) Ramp surface. The ramp surface shall be continuous and 
     slip resistant; shall not have protrusions from the surface 
     greater than \1/4\ inch high; shall have a clear width of 30 
     inches; and shall accommodate both four-wheel and three-wheel 
     mobility aids.
       (3) Ramp threshold. The transition from roadway or sidewalk 
     and the transition from vehicle floor to the ramp may be 
     vertical without edge treatment up to \1/4\ inch. Changes in 
     level between \1/4\ inch and \1/2\ inch shall be beveled with 
     a slope no greater than 1:2.
       (4) Ramp barriers. Each side of the ramp shall have 
     barriers at least 2 inches high to prevent mobility aid 
     wheels from slipping off.
       (5) Slope. Ramps shall have the least slope practicable and 
     shall not exceed 1:4 when deployed to ground level. If the 
     height of the vehicle floor from which the ramp is deployed 
     is 3 inches or less above a 6-inch curb, a maximum slope of 
     1:4 is permitted; if the height of the vehicle floor from 
     which the ramp is deployed is 6 inches or less, but greater 
     than 3 inches, above a 6-inch curb, a maximum slope of 1:6 is 
     permitted; if the height of the vehicle floor from which the 
     ramp is deployed is 9 inches or less, but greater than 6 
     inches, above a 6-inch curb, a maximum slope of 1:8 is 
     permitted; if the height of the vehicle floor from which the 
     ramp is deployed is greater than 9 inches above a 6-inch 
     curb, a slope of 1:12 shall be achieved. Folding or 
     telescoping ramps are permitted provided they meet all 
     structural requirements of this section.
       (6) Attachment. When in use for boarding or alighting, the 
     ramp shall be firmly attached to the vehicle so that it is 
     not subject to displacement when loading or unloading a heavy 
     power mobility aid and that no gap between vehicle and ramp 
     exceeds inch.
       (7) Stowage. A compartment, securement system, or other 
     appropriate method shall be provided to ensure that stowed 
     ramps, including portable ramps stowed in the passenger area, 
     do not impinge on a passenger's wheelchair or mobility aid or 
     pose any hazard to passengers in the event of a sudden stop 
     or maneuver.
       (8) Handrails. If provided, handrails shall allow persons 
     with disabilities to grasp them from outside the vehicle 
     while starting to board, and to continue to use them 
     throughout the boarding process, and shall have the top 
     between 30 inches and 38 inches above the ramp surface. The 
     handrails shall be capable of withstanding a force of 100 
     pounds concentrated at any point on the handrail without 
     permanent deformation of the rail or its supporting 
     structure. The handrail shall have a cross-sectional diameter 
     between 1\1/4\ inches and 1\1/2\ inches or shall provide an 
     equivalent grasping surface, and have eased edges with corner 
     radii of not less than inch. Handrails shall not interfere 
     with wheelchair or mobility aid maneuverability when entering 
     or leaving the vehicle.
       (d) Securement devices--(1) Design load. Securement systems 
     on vehicles with GVWRs of 30,000 pounds or above, and their 
     attachments to such vehicles, shall restrain a force in the 
     forward longitudinal direction of up to 2,000 pounds per 
     securement leg or clamping mechanism and a minimum of 4,000 
     pounds for each mobility aid. Securement systems on vehicles 
     with GVWRs of up to 30,000 pounds, and their attachments to 
     such vehicles, shall restrain a force in the forward 
     longitudinal direction of up to 2,500 pounds per securement 
     leg or clamping mechanism and a minimum of 5,000 pounds for 
     each mobility aid.
       (2) Location and size. The securement system shall be 
     placed as near to the accessible entrance as practicable and 
     shall have a clear floor area of 30 inches by 48 inches. Such 
     space shall adjoin, and may overlap, an access path. Not more 
     than 6 inches of the required clear floor space may be 
     accommodated for footrests under another seat provided there 
     is a minimum of 9 inches from the floor to the lowest part of 
     the seat overhanging the space. Securement areas may have 
     fold-down seats to accommodate other passengers when a 
     wheelchair or mobility aid is not occupying the area, 
     provided the seats, when folded up, do not obstruct the clear 
     floor space required.
       (3) Mobility aids accommodated. The securement system shall 
     secure common wheelchairs and mobility aids and shall either 
     be automatic or easily attached by a person familiar with the 
     system and mobility aid and having average dexterity.
       (4) Orientation. In vehicles in excess of 22 feet in 
     length, at least one securement device or system required by 
     paragraph (a) of this section shall secure the wheelchair or 
     mobility aid facing toward the front of the vehicle. In 
     vehicles 22 feet in length or less, the required securement 
     device may secure the wheelchair or mobility aid either 
     facing toward the front of the vehicle or rearward. 
     Additional securement devices or systems shall secure the 
     wheelchair or mobility aid facing forward or rearward. Where 
     the wheelchair or mobility aid is secured facing the rear of 
     the vehicle, a padded barrier shall be provided. The padded 
     barrier shall extend from a height of 38 inches from the 
     vehicle floor to a height of 56 inches from the vehicle floor 
     with a width of 18 inches, laterally centered immediately in 
     back of the seated individual. Such barriers need not be 
     solid provided equivalent protection is afforded.
       (5) Movement. When the wheelchair or mobility aid is 
     secured in accordance with manufacturer's instructions, the 
     securement system shall limit the movement of an occupied 
     wheelchair or mobility aid to no more than 2 inches in any 
     direction under normal vehicle operating conditions.
       (6) Stowage. When not being used for securement, or when 
     the securement area can be used by standees, the securement 
     system shall not interfere with passenger movement, shall not 
     present any hazardous condition, shall be reasonably 
     protected from vandalism, and shall be readily accessed when 
     needed for use.
       (7) Seat belt and shoulder harness. For each wheelchair or 
     mobility aid securement device provided, a passenger seat 
     belt and shoulder harness, complying with all applicable 
     provisions of part 571 of title 49 CFR, shall also be 
     provided for use by wheelchair or mobility aid users. Such 
     seat belts and shoulder harnesses shall not be used in lieu 
     of a device which secures the wheelchair or mobility aid 
     itself.
     Sec. 38.25  Doors, steps and thresholds.
       (a) Slip resistance. All aisles, steps, floor areas where 
     people walk and floors in securement locations shall have 
     slip-resistant surfaces.
       (b) Contrast. All step edges, thresholds, and the boarding 
     edge of ramps or lift platforms shall have a band of color(s) 
     running the full width of the step or edge which contrasts 
     from the step tread and riser, or lift or ramp surface, 
     either light-on-dark or dark-on-light.
       (c) Door height. For vehicles in excess of 22 feet in 
     length, the overhead clearance between the top of the door 
     opening and the raised lift platform, or highest point of a 
     ramp, shall be a minimum of 68 inches. For vehicles of 22 
     feet in length or less, the overhead clearance between the 
     top of the door opening and the raised lift platform, or 
     highest point of a ramp, shall be a minimum of 56 inches.
     Sec. 38.27  Priority seating signs.
       (a) Each vehicle shall contain sign(s) which indicate that 
     seats in the front of the vehicle are priority seats for 
     persons with disabilities, and that other passengers should 
     make such seats available to those who wish to use them. At 
     least one set of forward-facing seats shall be so designated.
       (b) Each securement location shall have a sign designating 
     it as such.
       (c) Characters on signs required by paragraphs (a) and (b) 
     of this section shall have a width-to-height ratio between 
     3:5 and 1:1 and a stroke width-to-height ratio between 1:5 
     and 1:10, with a minimum character

[[Page H10707]]

     height (using an upper case ``X'') of \5/8\ inch, with 
     ``wide'' spacing (generally, the space between letters shall 
     be \1/16\ the height of upper case letters), and shall 
     contrast with the background either light-on-dark or dark-on-
     light.
     Sec. 38.29  Interior circulation, handrails and stanchions.
       (a) Interior handrails and stanchions shall permit 
     sufficient turning and maneuvering space for wheelchairs and 
     other mobility aids to reach a securement location from the 
     lift or ramp.
       (b) Handrails and stanchions shall be provided in the 
     entrance to the vehicle in a configuration which allows 
     persons with disabilities to grasp such assists from outside 
     the vehicle while starting to board, and to continue using 
     such assists throughout the boarding and fare collection 
     process. Handrails shall have a cross-sectional diameter 
     between 1\1/4\ inches and 1\1/2\ inches or shall provide an 
     equivalent grasping surface, and have eased edges with corner 
     radii of not less than \1/8\ inch. Handrails shall be placed 
     to provide a minimum 1\1/2\ inches knuckle clearance from the 
     nearest adjacent surface. Where on-board fare collection 
     devices are used on vehicles in excess of 22 feet in length, 
     a horizontal passenger assist shall be located across the 
     front of the vehicle and shall prevent passengers from 
     sustaining injuries on the fare collection device or 
     windshield in the event of a sudden deceleration. Without 
     restricting the vestibule space, the assist shall provide 
     support for a boarding passenger from the front door through 
     the boarding procedure. Passengers shall be able to lean 
     against the assist for security while paying fares.
       (c) For vehicles in excess of 22 feet in length, overhead 
     handrail(s) shall be provided which shall be continuous 
     except for a gap at the rear doorway.
       (d) Handrails and stanchions shall be sufficient to permit 
     safe boarding, on-board circulation, seating and standing 
     assistance, and alighting by persons with disabilities.
       (e) For vehicles in excess of 22 feet in length with front-
     door lifts or ramps, vertical stanchions immediately behind 
     the driver shall either terminate at the lower edge of the 
     aisle-facing seats, if applicable, or be ``dog-legged'' so 
     that the floor attachment does not impede or interfere with 
     wheelchair footrests. If the driver seat platform must be 
     passed by a wheelchair or mobility aid user entering the 
     vehicle, the platform, to the maximum extent practicable, 
     shall not extend into the aisle or vestibule beyond the wheel 
     housing.
       (f) For vehicles in excess of 22 feet in length, the 
     minimum interior height along the path from the lift to the 
     securement location shall be 68 inches. For vehicles of 22 
     feet in length or less, the minimum interior height from lift 
     to securement location shall be 56 inches.
     Sec. 38.31 Lighting.
       (a) Any stepwell or doorway immediately adjacent to the 
     driver shall have, when the door is open, at least 2 foot-
     candles of illumination measured on the step tread or lift 
     platform.
       (b) Other stepwells and doorways, including doorways in 
     which lifts or ramps are installed, shall have, at all times, 
     at least 2 foot-candles of illumination measured on the step 
     tread, or lift or ramp, when deployed at the vehicle floor 
     level.
       (c) The vehicle doorways, including doorways in which lifts 
     or ramps are installed, shall have outside light(s) which, 
     when the door is open, provide at least 1 foot-candle of 
     illumination on the street surface for a distance of 3 feet 
     perpendicular to all points on the bottom step tread outer 
     edge. Such light(s) shall be located below window level and 
     shielded to protect the eyes of entering and exiting 
     passengers.
     Sec. 38.33 Fare box.
       Where provided, the farebox shall be located as far forward 
     as practicable and shall not obstruct traffic in the 
     vestibule, especially wheelchairs or mobility aids.
     Sec. 38.35 Public information system.
       (a) Vehicles in excess of 22 feet in length, used in 
     multiple-stop, fixed-route service, shall be equipped with a 
     public address system permitting the driver, or recorded or 
     digitized human speech messages, to announce stops and 
     provide other passenger information within the vehicle.
       (b) [Reserved]
     Sec. 38.37 Stop request.
       (a) Where passengers may board or alight at multiple stops 
     at their option, vehicles in excess of 22 feet in length 
     shall provide controls adjacent to the securement location 
     for requesting stops and which alerts the driver that a 
     mobility aid user wishes to disembark. Such a system shall 
     provide auditory and visual indications that the request has 
     been made.
       (b) Controls required by paragraph (a) of this section 
     shall be mounted no higher than 48 inches and no lower than 
     15 inches above the floor, shall be operable with one hand 
     and shall not require tight grasping, pinching, or twisting 
     of the wrist. The force required to activate controls shall 
     be no greater than 5 lbf (22.2 N).
     Sec. 38.39 Destination and route signs.
       (a) Where destination or route information is displayed on 
     the exterior of a vehicle, each vehicle shall have 
     illuminated signs on the front and boarding side of the 
     vehicle.
       (b) Characters on signs required by paragraph (a) of this 
     section shall have a width-to-height ratio between 3:5 and 
     1:1 and a stroke width-to-height ratio between 1:5 and 1:10, 
     with a minimum character height (using an upper case ``X'') 
     of 1 inch for signs on the boarding side and a minimum 
     character height of 2 inches for front ``headsigns'', with 
     ``wide'' spacing (generally, the space between letters shall 
     be \1/16\ the height of upper case letters), and shall 
     contrast with the background, either dark-on-light or light-
     on-dark.


               subpart c--rapid rail vehicles and systems

     Sec. 38.51 General.
       (a) New, used and remanufactured rapid rail vehicles, to be 
     considered accessible by regulations in part 37 of these 
     regulations, shall comply with this subpart.
       (b) If portions of the vehicle are modified in a way that 
     affects or could affect accessibility, each such portion 
     shall comply, to the extent practicable, with the applicable 
     provisions of this subpart. This provision does not require 
     that inaccessible vehicles be retrofitted with lifts, ramps 
     or other boarding devices.
       (c) Existing vehicles which are retrofitted to comply with 
     the one-car-per-train rule of Sec. 37.93 of these regulations 
     shall comply with Sec. Sec. 38.55, 38.57(b), 38.59 of this 
     part and shall have, in new and key stations, at least one 
     door complying with Sec. Sec. 38.53(a)(1), (b) and (d) of 
     this part. Removal of seats is not required. Vehicles 
     previously designed and manufactured in accordance with the 
     accessibility requirements of part 609 of title 49 CFR or the 
     Secretary of Transportation regulations implementing section 
     504 of the Rehabilitation Act of 1973 that were in effect 
     before October 7, 1991 and which can be entered and used from 
     stations in which they are to be operated, may be used to 
     satisfy the requirements of Sec. 37.93 of these regulations.
     Sec. 38.53 Doorways.
       (a) Clear width. (1) Passenger doorways on vehicle sides 
     shall have clear openings at least 32 inches wide when open.
       (2) If doorways connecting adjoining cars in a multi-car 
     train are provided, and if such doorway is connected by an 
     aisle with a minimum clear width of 30 inches to one or more 
     spaces where wheelchair or mobility aid users can be 
     accommodated, then such doorway shall have a minimum clear 
     opening of 30 inches to permit wheelchair and mobility aid 
     users to be evacuated to an adjoining vehicle in an 
     emergency.
       (b) Signage. The International Symbol of Accessibility 
     shall be displayed on the exterior of accessible vehicles 
     operating on an accessible rapid rail system unless all 
     vehicles are accessible and are not marked by the access 
     symbol. (See Fig. 6)
       (c) Signals. Auditory and visual warning signals shall be 
     provided to alert passengers of closing doors.
       (d) Coordination with boarding platform--(1) Requirements. 
     Where new vehicles will operate in new stations, the design 
     of vehicles shall be coordinated with the boarding platform 
     design such that the horizontal gap between each vehicle door 
     at rest and the platform shall be no greater than 3 inches 
     and the height of the vehicle floor shall be within plus or 
     minus \5/8\ inch of the platform height under all normal 
     passenger load conditions. Vertical alignment may be 
     accomplished by vehicle air suspension or other suitable 
     means of meeting the requirement.
       (2) Exception. New vehicles operating in existing stations 
     may have a floor height within plus or minus 1\1/2\ inches of 
     the platform height. At key stations, the horizontal gap 
     between at least one door of each such vehicle and the 
     platform shall be no greater than 3 inches.
       (3) Exception. Retrofitted vehicles shall be coordinated 
     with the platform in new and key stations such that the 
     horizontal gap shall be no greater than 4 inches and the 
     height of the vehicle floor, under 50% passenger load, shall 
     be within plus or minus 2 inches of the platform height.
     Sec. 38.55 Priority seating signs.
       (a) Each vehicle shall contain sign(s) which indicate that 
     certain seats are priority seats for persons with 
     disabilities, and that other passengers should make such 
     seats available to those who wish to use them.
       (b) Characters on signs required by paragraph (a) of this 
     section shall have a width-to-height ratio between 3:5 and 
     1:1 and a stroke width-to-height ratio between 1:5 and 1:10, 
     with a minimum character height (using an upper case ``X'') 
     of \5/8\ inch, with ``wide'' spacing (generally, the space 
     between letters shall be \1/16\ the height of upper case 
     letters), and shall contrast with the background, either 
     light-on-dark or dark-on-light.
     Sec. 38.57 Interior circulation, handrails and stanchions.
       (a) Handrails and stanchions shall be provided to assist 
     safe boarding, on-board circulation, seating and standing 
     assistance, and alighting by persons with disabilities.
       (b) Handrails, stanchions, and seats shall allow a route at 
     least 32 inches wide so that at least two wheelchair or 
     mobility aid users can enter the vehicle and position the 
     wheelchairs or mobility aids in areas, each having a minimum 
     clear space of 48 inches by 30 inches, which do not unduly 
     restrict movement of other passengers. Space to accommodate 
     wheelchairs and mobility aids may be provided within the 
     normal area used by standees and designation of specific 
     spaces is not required. Particular attention shall be given 
     to ensuring maximum maneuverability

[[Page H10708]]

     immediately inside doors. Ample vertical stanchions from 
     ceiling to seat-back rails shall be provided. Vertical 
     stanchions from ceiling to floor shall not interfere with 
     wheelchair or mobility aid user circulation and shall be kept 
     to a minimum in the vicinity of doors.
       (c) The diameter or width of the gripping surface of 
     handrails and stanchions shall be 1\1/4\ inches to 1\1/2\ 
     inches or provide an equivalent gripping surface and shall 
     provide a minimum 1\1/2\ inches knuckle clearance from the 
     nearest adjacent surface.
     Sec. 38.59 Floor surfaces.
       Floor surfaces on aisles, places for standees, and areas 
     where wheelchair and mobility aid users are to be 
     accommodated shall be slip-resistant.
     Sec. 38.61 Public information system.
       (a)(1) Requirements. Each vehicle shall be equipped with a 
     public address system permitting transportation system 
     personnel, or recorded or digitized human speech messages, to 
     announce stations and provide other passenger information. 
     Alternative systems or devices which provide equivalent 
     access are also permitted. Each vehicle operating in stations 
     having more than one line or route shall have an external 
     public address system to permit transportation system 
     personnel, or recorded or digitized human speech messages, to 
     announce train, route, or line identification information.
       (2) Exception. Where station announcement systems provide 
     information on arriving trains, an external train speaker is 
     not required.
       (b) [Reserved]
     Sec. 38.63 Between-car barriers.
       (a) Requirement. Suitable devices or systems shall be 
     provided to prevent, deter or warn individuals from 
     inadvertently stepping off the platform between cars. 
     Acceptable solutions include, but are not limited to, 
     pantograph gates, chains, motion detectors or similar 
     devices.
       (b) Exception. Between-car barriers are not required where 
     platform screens are provided which close off the platform 
     edge and open only when trains are correctly aligned with the 
     doors.


               Subpart D--Light Rail Vehicles and Systems

     Sec. 38.71 General.
       (a) New, used and remanufactured light rail vehicles, to be 
     considered accessible by regulations in part 37 of these 
     regulations, shall comply with this subpart.
       (b)(1) Vehicles intended to be operated solely in light 
     rail systems confined entirely to a dedicated right-of-way, 
     and for which all stations or stops are designed and 
     constructed for revenue service after the effective date of 
     standards for design and construction Sec. 37.21 and 
     Sec. 37.23 of these regulations, shall provide level boarding 
     and shall comply with Sec. 38.73(d)(1) and Sec. 38.85 of this 
     part.
       (2) Vehicles designed for, and operated on, pedestrian 
     malls, city streets, or other areas where level boarding is 
     not practicable shall provide wayside or car-borne lifts, 
     mini-high platforms, or other means of access in compliance 
     with Sec. 38.83(b) or (c) of this part.
       (c) If portions of the vehicle are modified in a way that 
     affects or could affect accessibility, each such portion 
     shall comply, to the extent practicable, with the applicable 
     provisions of this subpart. This provision does not require 
     that inaccessible vehicles be retrofitted with lifts, ramps 
     or other boarding devices.
       (d) Existing vehicles retrofitted to comply with the ``one-
     car-per-train rule'' at Sec. 37.93 of these regulations shall 
     comply with Sec. 38.75, Sec. 38.77(c), Sec. 38.79(a) and 
     Sec. 38.83(a) of this part and shall have, in new and key 
     stations, at least one door which complies with 
     Sec. Sec. 38.73(a)(1), (b) and (d). Vehicles previously 
     designed and manufactured in accordance with the 
     accessibility requirements of 49 CFR part 609 or the 
     Secretary of Transportation regulations implementing section 
     504 of the Rehabilitation Act of 1973 that were in effect 
     before October 7, 1991 and which can be entered and used from 
     stations in which they are to be operated, may be used to 
     satisfy the requirements of Sec. 37.93 of these regulations.
     Sec. 38.73 Doorways.
       (a) Clear width. (1) All passenger doorways on vehicle 
     sides shall have minimum clear openings of 32 inches when 
     open.
       (2) If doorways connecting adjoining cars in a multi-car 
     train are provided, and if such doorway is connected by an 
     aisle with a minimum clear width of 30 inches to one or more 
     spaces where wheelchair or mobility aid users can be 
     accommodated, then such doorway shall have a minimum clear 
     opening of 30 inches to permit wheelchair and mobility aid 
     users to be evacuated to an adjoining vehicle in an 
     emergency.
       (b) Signage. The International Symbol of Accessibility 
     shall be displayed on the exterior of each vehicle operating 
     on an accessible light rail system unless all vehicles are 
     accessible and are not marked by the access symbol. (See Fig. 
     6)
       (c) Signals. Auditory and visual warning signals shall be 
     provided to alert passengers of closing doors.
       (d) Coordination with boarding platform--(1) Requirements. 
     The design of level-entry vehicles shall be coordinated with 
     the boarding platform or mini-high platform design so that 
     the horizontal gap between a vehicle at rest and the platform 
     shall be no greater than 3 inches and the height of the 
     vehicle floor shall be within plus or minus \5/8\ inch of the 
     platform height. Vertical alignment may be accomplished by 
     vehicle air suspension, automatic ramps or lifts, or any 
     combination.
       (2) Exception. New vehicles operating in existing stations 
     may have a floor height within plus or minus 1\1/2\ inches of 
     the platform height. At key stations, the horizontal gap 
     between at least one door of each such vehicle and the 
     platform shall be no greater than 3 inches.
       (3) Exception. Retrofitted vehicles shall be coordinated 
     with the platform in new and key stations such that the 
     horizontal gap shall be no greater than 4 inches and the 
     height of the vehicle floor, under 50% passenger load, shall 
     be within plus or minus 2 inches of the platform height.
       (4) Exception. Where it is not operationally or 
     structurally practicable to meet the horizontal or vertical 
     requirements of paragraphs (d)(1), (2) or (3) of this 
     section, platform or vehicle devices complying with 
     Sec. 38.83(b) or platform or vehicle mounted ramps or bridge 
     plates complying with Sec. 38.83(c) shall be provided.
     Sec. 38.75 Priority seating signs.
       (a) Each vehicle shall contain sign(s) which indicate that 
     certain seats are priority seats for persons with 
     disabilities, and that other passengers should make such 
     seats available to those who wish to use them.
       (b) Where designated wheelchair or mobility aid seating 
     locations are provided, signs shall indicate the location and 
     advise other passengers of the need to permit wheelchair and 
     mobility aid users to occupy them.
       (c) Characters on signs required by paragraphs (a) or (b) 
     of this section shall have a width-to-height ratio between 
     3:5 and 1:1 and a stroke width-to-height ratio between 1:5 
     and 1:10, with a minimum character height (using an upper 
     case X'') of \5/8\ inch, with wide spacing (generally, the 
     space between letters shall be \1/16\ the height of upper 
     case letters), and shall contrast with the background, either 
     light-on-dark or dark-on-light.
     Sec. 38.77 Interior circulation, handrails and stanchions.
       (a) Handrails and stanchions shall be sufficient to permit 
     safe boarding, on-board circulation, seating and standing 
     assistance, and alighting by persons with disabilities.
       (b) At entrances equipped with steps, handrails and 
     stanchions shall be provided in the entrance to the vehicle 
     in a configuration which allows passengers to grasp such 
     assists from outside the vehicle while starting to board, and 
     to continue using such handrails or stanchions throughout the 
     boarding process. Handrails shall have a cross-sectional 
     diameter between 1\1/4\ inches and 1\1/2\ inches or shall 
     provide an equivalent grasping surface, and have eased edges 
     with corner radii of not less than \1/8\ inch. Handrails 
     shall be placed to provide a minimum 1\1/2\ inches knuckle 
     clearance from the nearest adjacent surface. Where on-board 
     fare collection devices are used, a horizontal passenger 
     assist shall be located between boarding passengers and the 
     fare collection device and shall prevent passengers from 
     sustaining injuries on the fare collection device or 
     windshield in the event of a sudden deceleration. Without 
     restricting the vestibule space, the assist shall provide 
     support for a boarding passenger from the door through the 
     boarding procedure. Passengers shall be able to lean against 
     the assist for security while paying fares.
       (c) At all doors on level-entry vehicles, and at each 
     entrance accessible by lift, ramp, bridge plate or other 
     suitable means, handrails, stanchions, passenger seats, 
     vehicle driver seat platforms, and fare boxes, if applicable, 
     shall be located so as to allow a route at least 32 inches 
     wide so that at least two wheelchair or mobility aid users 
     can enter the vehicle and position the wheelchairs or 
     mobility aids in areas, each having a minimum clear space of 
     48 inches by 30 inches, which do not unduly restrict movement 
     of other passengers. Space to accommodate wheelchairs and 
     mobility aids may be provided within the normal area used by 
     standees and designation of specific spaces is not required. 
     Particular attention shall be given to ensuring maximum 
     maneuverability immediately inside doors. Ample vertical 
     stanchions from ceiling to seat-back rails shall be provided. 
     Vertical stanchions from ceiling to floor shall not interfere 
     with wheelchair or mobility aid circulation and shall be kept 
     to a minimum in the vicinity of accessible doors.
     Sec. 38.79 Floors, steps and thresholds.
       (a) Floor surfaces on aisles, step treads, places for 
     standees, and areas where wheelchair and mobility aid users 
     are to be accommodated shall be slip-resistant.
       (b) All thresholds and step edges shall have a band of 
     color(s) running the full width of the step or threshold 
     which contrasts from the step tread and riser or adjacent 
     floor, either light-on-dark or dark-on-light.
     Sec. 38.81 Lighting.
       (a) Any stepwell or doorway with a lift, ramp or bridge 
     plate immediately adjacent to the driver shall have, when the 
     door is open, at least 2 footcandles of illumination measured 
     on the step tread or lift platform.
       (b) Other stepwells, and doorways with lifts, ramps or 
     bridge plates, shall have, at all times, at least 2 
     footcandles of illumination measured on the step tread or 
     lift or ramp, when deployed at the vehicle floor level.
       (c) The doorways of vehicles not operating at lighted 
     station platforms shall have outside lights which provide at 
     least 1 foot candle of illumination on the station platform

[[Page H10709]]

     or street surface for a distance of 3 feet perpendicular to 
     all points on the bottom step tread. Such lights shall be 
     located below window level and shielded to protect the eyes 
     of entering and exiting passengers.
     Sec. 38.83 Mobility aid accessibility.
       (a)(1) General. All new light rail vehicles, other than 
     level entry vehicles, covered by this subpart shall provide a 
     level-change mechanism or boarding device (e.g., lift, ramp 
     or bridge plate) complying with either paragraph (b) or (c) 
     of this section and sufficient clearances to permit at least 
     two wheelchair or mobility aid users to reach areas, each 
     with a minimum clear floor space of 48 inches by 30 inches, 
     which do not unduly restrict passenger flow. Space to 
     accommodate wheelchairs and mobility aids may be provided 
     within the normal area used by standees and designation of 
     specific spaces is not required.
       (2) Exception. If lifts, ramps or bridge plates meeting the 
     requirements of this section are provided on station 
     platforms or other stops required to be accessible, or mini-
     high platforms complying with Sec. 38.73(d) of this part are 
     provided, the vehicle is not required to be equipped with a 
     car-borne device. Where each new vehicle is compatible with a 
     single platform-mounted access system or device, additional 
     systems or devices are not required for each vehicle provided 
     that the single device could be used to provide access to 
     each new vehicle if passengers using wheelchairs or mobility 
     aids could not be accommodated on a single vehicle.
       (b) Vehicle lift--(1) Design load. The design load of the 
     lift shall be at least 600 pounds. Working parts, such as 
     cables, pulleys, and shafts, which can be expected to wear, 
     and upon which the lift depends for support of the load, 
     shall have a safety factor of at least six, based on the 
     ultimate strength of the material. Nonworking parts, such as 
     platform, frame, and attachment hardware which would not be 
     expected to wear, shall have a safety factor of at least 
     three, based on the ultimate strength of the material.
       (2) Controls--(i) Requirements. The controls shall be 
     interlocked with the vehicle brakes, propulsion system, or 
     door, or shall provide other appropriate mechanisms or 
     systems, to ensure that the vehicle cannot be moved when the 
     lift is not stowed and so the lift cannot be deployed unless 
     the interlocks or systems are engaged. The lift shall deploy 
     to all levels (i.e., ground, curb, and intermediate 
     positions) normally encountered in the operating environment. 
     Where provided, each control for deploying, lowering, 
     raising, and stowing the lift and lowering the roll-off 
     barrier shall be of a momentary contact type requiring 
     continuous manual pressure by the operator and shall not 
     allow improper lift sequencing when the lift platform is 
     occupied. The controls shall allow reversal of the lift 
     operation sequence, such as raising or lowering a platform 
     that is part way down, without allowing an occupied platform 
     to fold or retract into the stowed position.
       (ii) Exception. Where physical or safety constraints 
     prevent the deployment at some stops of a lift having its 
     long dimension perpendicular to the vehicle axis, the 
     transportation entity may specify a lift which is designed to 
     deploy with its long dimension parallel to the vehicle axis 
     and which pivots into or out of the vehicle while occupied 
     (i.e., ``rotary lift''). The requirements of paragraph 
     (b)(2)(i) of this section prohibiting the lift from being 
     stowed while occupied shall not apply to a lift design of 
     this type if the stowed position is within the passenger 
     compartment and the lift is intended to be stowed while 
     occupied.
       (iii) Exception. The brake or propulsion system interlocks 
     requirement does not apply to a station platform mounted lift 
     provided that a mechanical, electrical or other system 
     operates to ensure that vehicles do not move when the lift is 
     in use.
       (3) Emergency operation. The lift shall incorporate an 
     emergency method of deploying, lowering to ground level with 
     a lift occupant, and raising and stowing the empty lift if 
     the power to the lift fails. No emergency method, manual or 
     otherwise, shall be capable of being operated in a manner 
     that could be hazardous to the lift occupant or to the 
     operator when operated according to manufacturer's 
     instructions, and shall not permit the platform to be stowed 
     or folded when occupied, unless the lift is a rotary lift 
     intended to be stowed while occupied.
       (4) Power or equipment failure. Lift platforms stowed in a 
     vertical position, and deployed platforms when occupied, 
     shall have provisions to prevent their deploying, falling, or 
     folding any faster than 12 inches/second or their dropping of 
     an occupant in the event of a single failure of any load 
     carrying component.
       (5) Platform barriers. The lift platform shall be equipped 
     with barriers to prevent any of the wheels of a wheelchair or 
     mobility aid from rolling off the lift during its operation. 
     A movable barrier or inherent design feature shall prevent a 
     wheelchair or mobility aid from rolling off the edge closest 
     to the vehicle until the lift is in its fully raised 
     position. Each side of the lift platform which extends beyond 
     the vehicle in its raised position shall have a barrier a 
     minimum 1\1/2\ inches high. Such barriers shall not interfere 
     with maneuvering into or out of the aisle. The loading-edge 
     barrier (outer barrier) which functions as a loading ramp 
     when the lift is at ground level, shall be sufficient when 
     raised or closed, or a supplementary system shall be 
     provided, to prevent a power wheelchair or mobility aid from 
     riding over or defeating it. The outer barrier of the lift 
     shall automatically rise or close, or a supplementary system 
     shall automatically engage, and remain raised, closed, or 
     engaged at all times that the lift is more than 3 inches 
     above the station platform or roadway and the lift is 
     occupied. Alternatively, a barrier or system may be raised, 
     lowered, opened, closed, engaged or disengaged by the lift 
     operator provided an interlock or inherent design feature 
     prevents the lift from rising unless the barrier is raised or 
     closed or the supplementary system is engaged.
       (6) Platform surface. The lift platform surface shall be 
     free of any protrusions over \1/4\ inch high and shall be 
     slip resistant. The lift platform shall have a minimum clear 
     width of 28\1/2\ inches at the platform, a minimum clear 
     width of 30 inches measured from 2 inches above the lift 
     platform surface to 30 inches above the surface, and a 
     minimum clear length of 48 inches measured from 2 inches 
     above the surface of the platform to 30 inches above the 
     surface. (See Fig. 1)
       (7) Platform gaps. Any openings between the lift platform 
     surface and the raised barriers shall not exceed \5/8\ inch 
     wide. When the lift is at vehicle floor height with the inner 
     barrier (if applicable) down or retracted, gaps between the 
     forward lift platform edge and vehicle floor shall not exceed 
     \1/2\ inch horizontally and \5/8\ inch vertically. Platforms 
     on semi-automatic lifts may have a hand hold not exceeding 
     1\1/2\ inches by 4\1/2\ inches located between the edge 
     barriers.
       (8) Platform entrance ramp. The entrance ramp, or loading-
     edge barrier used as a ramp, shall not exceed a slope of 1:8 
     measured on level ground, for a maximum rise of 3 inches, and 
     the transition from the station platform or roadway to ramp 
     may be vertical without edge treatment up to \1/4\ inch. 
     Thresholds between \1/4\ inch and \1/2\ inch high shall be 
     beveled with a slope no greater than 1:2.
       (9) Platform deflection. The lift platform (not including 
     the entrance ramp) shall not deflect more than 3 degrees 
     (exclusive of vehicle roll) in any direction between its 
     unloaded position and its position when loaded with 600 
     pounds applied through a 26 inch by 26 inch test pallet at 
     the centroid of the lift platform.
       (10) Platform movement. No part of the platform shall move 
     at a rate exceeding 6 inches/second during lowering and 
     lifting an occupant, and shall not exceed 12 inches/second 
     during deploying or stowing. This requirement does not apply 
     to the deployment or stowage cycles of lifts that are 
     manually deployed or stowed. The maximum platform horizontal 
     and vertical acceleration when occupied shall be 0.3g.
       (11) Boarding direction. The lift shall permit both inboard 
     and outboard facing of wheelchairs and mobility aids.
       (12) Use by standees. Lifts shall accommodate persons using 
     walkers, crutches, canes or braces or who otherwise have 
     difficulty using steps. The lift may be marked to indicate a 
     preferred standing position.
       (13) Handrails. Platforms on lifts shall be equipped with 
     handrails, on two sides, which move in tandem with the lift 
     which shall be graspable and provide support to standees 
     throughout the entire lift operation. Handrails shall have a 
     usable component at least 8 inches long with the lowest 
     portion a minimum 30 inches above the platform and the 
     highest portion a maximum 38 inches above the platform. The 
     handrails shall be capable of withstanding a force of 100 
     pounds concentrated at any point on the handrail without 
     permanent deformation of the rail or its supporting 
     structure. Handrails shall have a cross-sectional diameter 
     between 1\1/4\ inches and 1\1/2\ inches or shall provide an 
     equivalent grasping surface, and have eased edges with corner 
     radii of not less than \1/8\ inch. Handrails shall be placed 
     to provide a minimum 1\1/2\ inches knuckle clearance from the 
     nearest adjacent surface. Handrails shall not interfere with 
     wheelchair or mobility aid maneuverability when entering or 
     leaving the vehicle.
       (c) Vehicle ramp or bridge plate--(1) Design load. Ramps or 
     bridge plates 30 inches or longer shall support a load of 600 
     pounds, placed at the centroid of the ramp or bridge plate 
     distributed over an area of 26 inches by 26 inches, with a 
     safety factor of at least 3 based on the ultimate strength of 
     the material. Ramps or bridge plates shorter than 30 inches 
     shall support a load of 300 pounds.
       (2) Ramp surface. The ramp or bridge plate surface shall be 
     continuous and slip resistant, shall not have protrusions 
     from the surface greater than \1/4\ inch, shall have a clear 
     width of 30 inches, and shall accommodate both four-wheel and 
     three-wheel mobility aids.
       (3) Ramp threshold. The transition from roadway or station 
     platform and the transition from vehicle floor to the ramp or 
     bridge plate may be vertical without edge treatment up to \1/
     4\ inch. Changes in level between \1/4\ inch and \1/2\ inch 
     shall be beveled with a slope no greater than 1:2.
       (4) Ramp barriers. Each side of the ramp or bridge plate 
     shall have barriers at least 2 inches high to prevent 
     mobility aid wheels from slipping off.
       (5) Slope. Ramps or bridge plates shall have the least 
     slope practicable. If the height of the vehicle floor, under 
     50% passenger load, from which the ramp is deployed is 3 
     inches or less above the station platform a maximum slope of 
     1:4 is permitted; if the height of the vehicle floor, under 
     50% passenger load, from which the ramp is deployed is 6 
     inches or less, but more than 3 inches, above the station 
     platform a maximum slope of 1:6 is permitted; if the height 
     of the vehicle

[[Page H10710]]

     floor, under 50% passenger load, from which the ramp is 
     deployed is 9 inches or less, but more than 6 inches, above 
     the station platform a maximum slope of 1:8 is permitted; if 
     the height of the vehicle floor, under 50% passenger load, 
     from which the ramp is deployed is greater than 9 inches 
     above the station platform a slope of 1:12 shall be achieved. 
     Folding or telescoping ramps are permitted provided they meet 
     all structural requirements of this section.
       (6) Attachment.--(i) Requirement. When in use for boarding 
     or alighting, the ramp or bridge plate shall be attached to 
     the vehicle, or otherwise prevented from moving such that it 
     is not subject to displacement when loading or unloading a 
     heavy power mobility aid and that any gaps between vehicle 
     and ramp or bridge plate, and station platform and ramp or 
     bridge plate, shall not exceed \5/8\ inch.
       (ii) Exception. Ramps or bridge plates which are attached 
     to, and deployed from, station platforms are permitted in 
     lieu of vehicle devices provided they meet the displacement 
     requirements of paragraph (c)(6)(i) of this section.
       (7) Stowage. A compartment, securement system, or other 
     appropriate method shall be provided to ensure that stowed 
     ramps or bridge plates, including portable ramps or bridge 
     plates stowed in the passenger area, do not impinge on a 
     passenger's wheelchair or mobility aid or pose any hazard to 
     passengers in the event of a sudden stop.
       (8) Handrails. If provided, handrails shall allow persons 
     with disabilities to grasp them from outside the vehicle 
     while starting to board, and to continue to use them 
     throughout the boarding process, and shall have the top 
     between 30 inches and 38 inches above the ramp surface. The 
     handrails shall be capable of withstanding a force of 100 
     pounds concentrated at any point on the handrail without 
     permanent deformation of the rail or its supporting 
     structure. The handrail shall have a cross-sectional diameter 
     between 1\1/4\ inches and 1\1/2\ inches or shall provide an 
     equivalent grasping surface, and have eased edges with corner 
     radii of not less than \1/8\ inch. Handrails shall not 
     interfere with wheelchair or mobility aid maneuverability 
     when entering or leaving the vehicle.
     Sec. 38.85 Between-car barriers
       Where vehicles operate in a high-platform, level-boarding 
     mode, devices or systems shall be provided to prevent, deter 
     or warn individuals from inadvertently stepping off the 
     platform between cars. Appropriate devices include, but are 
     not limited to, pantograph gates, chains, motion detectors or 
     other suitable devices.
     Sec. 38.87 Public information system.
       (a) Each vehicle shall be equipped with an interior public 
     address system permitting transportation system personnel, or 
     recorded or digitized human speech messages, to announce 
     stations and provide other passenger information. Alternative 
     systems or devices which provide equivalent access are also 
     permitted.
       (b) [Reserved].
     Sec. 38.91-38.127 [Reserved]


               Subpart F--Over-the-Road Buses and Systems

     Sec. 38.151 General.
       (a) New, used and remanufactured over-the-road buses, to be 
     considered accessible by regulations in part 37 of these 
     regulations, shall comply with this subpart.
       (b) Over-the-road buses covered by Sec. 37.7(c) of these 
     regulations shall comply with Sec. 38.23 and this subpart.
     Sec. 38.153 Doors, steps and thresholds.
       (a) Floor surfaces on aisles, step treads and areas where 
     wheelchair and mobility aid users are to be accommodated 
     shall be slip-resistant.
       (b) All step edges shall have a band of color(s) running 
     the full width of the step which contrasts from the step 
     tread and riser, either dark-on-light or light-on-dark.
       (c) To the maximum extent practicable, doors shall have a 
     minimum clear width when open of 30 inches, but in no case 
     less than 27 inches.
     Sec. 38.155 Interior circulation, handrails and stanchions.
        (a) Handrails and stanchions shall be provided in the 
     entrance to the vehicle in a configuration which allows 
     passengers to grasp such assists from outside the vehicle 
     while starting to board, and to continue using such handrails 
     or stanchions throughout the boarding process. Handrails 
     shall have a cross-sectional diameter between 1\1/4\ inches 
     and 1\1/2\ inches or shall provide an equivalent grasping 
     surface, and have eased edges with corner radii of not less 
     than \1/8\ inch. Handrails shall be placed to provide a 
     minimum 1\1/2\ inches knuckle clearance from the nearest 
     adjacent surface. Where on-board fare collection devices are 
     used, a horizontal passenger assist shall be located between 
     boarding passengers and the fare collection device and shall 
     prevent passengers from sustaining injuries on the fare 
     collection device or windshield in the event of a sudden 
     deceleration. Without restricting the vestibule space, the 
     assist shall provide support for a boarding passenger from 
     the door through the boarding procedure. Passengers shall be 
     able to lean against the assist for security while paying 
     fares.
       (b) Where provided within passenger compartments, handrails 
     or stanchions shall be sufficient to permit safe on-board 
     circulation, seating and standing assistance, and alighting 
     by persons with disabilities.
     Sec. 38.157 Lighting.
       (a) Any stepwell or doorway immediately adjacent to the 
     driver shall have, when the door is open, at least 2 foot-
     candles of illumination measured on the step tread.
       (b) The vehicle doorway shall have outside light(s) which, 
     when the door is open, provide at least 1 foot-candle of 
     illumination on the street surface for a distance of 3 feet 
     perpendicular to all points on the bottom step tread outer 
     edge. Such light(s) shall be located below window level and 
     shielded to protect the eyes of entering and exiting 
     passengers.
     Sec. 38.159 Mobility aid accessibility. [Reserved]


                 Subpart G--Other Vehicles and Systems

     Sec. 38.171 General.
       (a) New, used and remanufactured vehicles and conveyances 
     for systems not covered by other subparts of this part, to be 
     considered accessible by regulations in part 37 of these 
     regulations, shall comply with this subpart.
       (b) If portions of the vehicle or conveyance are modified 
     in a way that affects or could affect accessibility, each 
     such portion shall comply, to the extent practicable, with 
     the applicable provisions of this subpart. This provision 
     does not require that inaccessible vehicles be retrofitted 
     with lifts, ramps or other boarding devices.
     Sec. 38.173 Automated guideway transit vehicles and systems.
       (a) Automated Guideway Transit (AGT) vehicles and systems, 
     sometimes called ``people movers,'' operated in airports and 
     other areas where AGT vehicles travel at slow speed (i.e., at 
     a speed of no more than 20 miles per hour at any location on 
     their route during normal operation), shall comply with the 
     provisions of Sec. 38.53(a) through (c), and Sec. Sec. 38.55 
     through 38.61 of this part for rapid rail vehicles and 
     systems.
       (b) Where the vehicle covered by paragraph (a) of this 
     section will operate in an accessible station, the design of 
     vehicles shall be coordinated with the boarding platform 
     design such that the horizontal gap between a vehicle door at 
     rest and the platform shall be no greater than 1 inch and the 
     height of the vehicle floor shall be within plus or minus \1/
     2\ inch of the platform height under all normal passenger 
     load conditions. Vertical alignment may be accomplished by 
     vehicle air suspension or other suitable means of meeting the 
     requirement.
       (c) In stations where open platforms are not protected by 
     platform screens, a suitable device or system shall be 
     provided to prevent, deter or warn individuals from stepping 
     off the platform between cars. Acceptable devices include, 
     but are not limited to, pantograph gates, chains, motion 
     detectors or other appropriate devices.
       (d) Light rail and rapid rail AGT vehicles and systems 
     shall comply with subparts D and C of this part, 
     respectively. AGT systems whose vehicles travel at a speed of 
     more than 20 miles per hour at any location on their route 
     during normal operation are covered under this paragraph 
     rather than under paragraph (a) of this subsection.
     Sec. 38.175 [Reserved]
     Sec. 38.177 [Reserved]
     Sec. 38.179 Trams, similar vehicles and systems.
       (a) New and used trams consisting of a tractor unit, with 
     or without passenger accommodations, and one or more 
     passenger trailer units, including but not limited to 
     vehicles providing shuttle service to remote parking areas, 
     between hotels and other public accommodations, and between 
     and within amusement parks and other recreation areas, shall 
     comply with this section. For purposes of determining 
     applicability of Sec. Sec. 37.101 or 37.105 of these 
     regulations, the capacity of such a vehicle or ``train'' 
     shall consist of the total combined seating capacity of all 
     units, plus the driver, prior to any modification for 
     accessibility.
       (b) Each tractor unit which accommodates passengers and 
     each trailer unit shall comply with Sec. 38.25 and Sec. 38.29 
     of this part. In addition, each such unit shall comply with 
     Sec. Sec. 38.23(b) or (c) and shall provide at least one 
     space for wheelchair or mobility aid users complying with 
     Sec. 38.23(d) of this part unless the complete operating unit 
     consisting of tractor and one or more trailers can already 
     accommodate at least two wheelchair or mobility aid users.
     Figures in Part 38
       [Copies of these figures may be obtained from the Office of 
     Compliance, Room LA 200, John Adams Building, 110 Second 
     Street, S.E., Washington, D.C. 20540-1999.]

                 Appendix to Part 38--Guidance Material

       This appendix contains materials of an advisory nature and 
     provides additional information that should help the reader 
     to understand the minimum requirements of the guidelines or 
     to design vehicles for greater accessibility. Each entry is 
     applicable to all subparts of this part except where noted. 
     Nothing in this appendix shall in any way obviate any 
     obligation to comply with the requirements of the guidelines 
     themselves.

  I. Slip Resistant Surfaces--Aisles, Steps, Floor Area Where People 
    Walk, Floor Areas in Securement Locations, Lift Platforms, Ramps

       Slip resistance is based on the frictional force necessary 
     to keep a shoe heel or crutch tip from slipping on a walking 
     surface under conditions likely to be found on the surface. 
     While the dynamic coefficient of friction during walking 
     varies in a complex and non-uniform way, the static 
     coefficient of friction, which can be measured in several 
     ways, provides a close approximation of the slip resistance 
     of a surface. Contrary to popular belief, some slippage is 
     necessary to walking,

[[Page H10711]]

     especially for persons with restricted gaits; a truly ``non-
     slip'' surface could not be negotiated.
       The Occupational Safety and Health Administration 
     recommends that walking surfaces have a static coefficient of 
     friction of 0.5. A research project sponsored by the 
     Architectural and Transportation Barriers Compliance Board 
     (Access Board) conducted tests with persons with disabilities 
     and concluded that a higher coefficient of friction was 
     needed by such persons. A static coefficient of friction of 
     0.6 is recommended for steps, floors, and lift platforms and 
     0.8 for ramps.
       The coefficient of friction varies considerably due to the 
     presence of contaminants, water, floor finishes, and other 
     factors not under the control of transit providers and may be 
     difficult to measure. Nevertheless, many common materials 
     suitable for flooring are now labeled with information on the 
     static coefficient of friction. While it may not be possible 
     to compare one product directly with another, or to guarantee 
     a constant measure, transit operators or vehicle designers 
     and manufacturers are encouraged to specify materials with 
     appropriate values. As more products include information on 
     slip resistance, improved uniformity in measurement and 
     specification is likely. The Access Board's advisory 
     guidelines on Slip Resistant Surfaces provides additional 
     information on this subject.

          II. Color Contrast--Step Edges, Lift Platform Edges

       The material used to provide contrast should contrast by at 
     least 70%. Contrast in percent is determined by:
       Contrast = [(B1-B2)/B1] 100
       Where B1 = light reflectance value (LRV) of the 
     lighter area and B2 = light reflectance value (LRV) of 
     the darker area.
       Note that in any application both white and black are never 
     absolute; thus, B1 never equals 100 and B2 is 
     always greater than 0.

                     III. Handrails and Stanchions

       In addition to the requirements for handrails and 
     stanchions for rapid, light, and commuter rail vehicles, 
     consideration should be given to the proximity of handrails 
     or stanchions to the area in which wheelchair or mobility aid 
     users may position themselves. When identifying the clear 
     floor space where a wheelchair or mobility aid user can be 
     accommodated, it is suggested that at least one such area be 
     adjacent or in close proximity to a handrail or stanchion. Of 
     course, such a handrail or stanchion cannot encroach upon the 
     required 32 inch width required for the doorway or the route 
     leading to the clear floor space which must be at least 30 by 
     48 inches in size.

              IV. Priority Seating Signs and Other Signage

       A. Finish and Contrast. The characters and background of 
     signs should be eggshell, matte, or other non-glare finish. 
     An eggshell finish (11 to 19 degree gloss on 60 degree 
     glossimeter) is recommended. Characters and symbols should 
     contrast with their background either light characters on a 
     dark background or dark characters on a light background. 
     Research indicates that signs are more legible for persons 
     with low vision when characters contrast with their 
     background by at least 70 percent. Contrast in percent is 
     determined by:
       Contrast = [(B1-B2)/B1] 100
       Where B1 = light reflectance value (LRV) of the 
     lighter area and B2 = light reflectance value (LRV) of 
     the darker area.
       Note that in any application both white and black are never 
     absolute; thus, B1 never equals 100 and B2 is 
     always greater than 0.
       The greatest readability is usually achieved through the 
     use of light-colored characters or symbols on a dark 
     background.
       B. Destination and Route Signs. The following 
     specifications, which are required for buses (Sec. 38.39), 
     are recommended for other types of vehicles, particularly 
     light rail vehicles, where appropriate.
       1. Where destination or route information is displayed on 
     the exterior of a vehicle, each vehicle should have 
     illuminated signs on the front and boarding side of the 
     vehicle.
       2. Characters on signs covered by paragraph IV.B.1 of this 
     appendix should have a width-to-height ratio between 3:5 and 
     1:1 and a stroke width-to-height ratio between 1:5 and 1:10, 
     with a minimum character height (using an upper case ``X'') 
     of 1 inch for signs on the boarding side and a minimum 
     character height of 2 inches for front ``headsigns,'' with 
     ``wide'' spacing (generally, the space between letters shall 
     be \1/16\ the height of upper case letters), and should 
     contrast with the background, either dark-on-light or light-
     on-dark, or as recommended above.
       C. Designation of Accessible Vehicles. The International 
     Symbol of Accessibility should be displayed as shown in 
     Figure 6.

                     V. Public Information Systems

       There is currently no requirement that vehicles be equipped 
     with an information system which is capable of providing the 
     same or equivalent information to persons with hearing loss. 
     While the Department of Transportation assesses available and 
     soon-to-be available technology during a study conducted 
     during Fiscal Year 1992, entities are encouraged to employ 
     whatever services, signage or alternative systems or devices 
     that provide equivalent access and are available. Two 
     possible types of devices are visual display systems and 
     listening systems. However, it should be noted that while 
     visual display systems accommodate persons who are deaf or 
     are hearing impaired, assistive listening systems aid only 
     those with a partial loss of hearing.
       A. Visual Display Systems. Announcements may be provided in 
     a visual format by the use of electronic message boards or 
     video monitors.
       Electronic message boards using a light emitting diode 
     (LED) or ``flip-dot'' display are currently provided in some 
     transit stations and terminals and may be usable in vehicles. 
     These devices may be used to provide real time or pre-
     programmed messages; however, real time message displays 
     require the availability of an employee for keyboard entry of 
     the information to be announced.
       Video monitor systems, such as visual paging systems 
     provided in some airports (e.g., Baltimore-Washington 
     International Airport), are another alternative. The 
     Architectural and Transportation Barriers Compliance Board 
     (Access Board) can provide technical assistance and 
     information on these systems (``Airport TDD Access: Two Case 
     Studies,'' (1990)).
       B. Assistive Listening Systems. Assistive listening systems 
     (ALS) are intended to augment standard public address and 
     audio systems by providing signals which can be received 
     directly by persons with special receivers or their own 
     hearing aids and which eliminate or filter background noise. 
     Magnetic induction loops, infra-red and radio frequency 
     systems are types of listening systems which are appropriate 
     for various applications.
       An assistive listening system appropriate for transit 
     vehicles, where a group of persons or where the specific 
     individuals are not known in advance, may be different from 
     the system appropriate for a particular individual provided 
     as an auxiliary aid or as part of a reasonable accommodation. 
     The appropriate device for an individual is the type that 
     individual can use, whereas the appropriate system for a 
     station or vehicle will necessarily be geared toward the 
     ``average'' or aggregate needs of various individuals. 
     Earphone jacks with variable volume controls can benefit only 
     people who have slight hearing loss and do not help people 
     who use hearing aids. At the present time, magnetic induction 
     loops are the most feasible type of listening system for 
     people who use hearing aids equipped with ``T-coils'', but 
     people without hearing aids or those with hearing aids not 
     equipped with inductive pick-ups cannot use them without 
     special receivers. Radio frequency systems can be extremely 
     effective and inexpensive. People without hearing aids can 
     use them, but people with hearing aids need a special 
     receiver to use them as they are presently designed. If 
     hearing aids had a jack to allow a by-pass of microphones, 
     then radio frequency systems would be suitable for people 
     with and without hearing aids. Some listening systems may be 
     subject to interference from other equipment and feedback 
     from hearing aids of people who are using the systems. Such 
     interference can be controlled by careful engineering design 
     that anticipates feedback sources in the surrounding area.
       The Architectural and Transportation Barriers Compliance 
     Board (Access Board) has published a pamphlet on Assistive 
     Listening Systems which lists demonstration centers across 
     the country where technical assistance can be obtained in 
     selecting and installing appropriate systems. The state of 
     New York has also adopted a detailed technical specification 
     which may be useful.

  Office of Compliance--The Congressional Accountability Act of 1995: 
 Extension of Rights and Protections Under the Occupational Safety and 
                           Health Act of 1970


                     NOTICE OF PROPOSED RULEMAKING

       Summary: The Board of Directors of the Office of Compliance 
     is publishing proposed regulations to implement Section 215 
     of the Congressional Accountability Act of 1995 (``CAA''), 
     Pub. L. 104-1, 109 Stat. 3, as applied to covered employing 
     offices and employees of the House of Representatives, the 
     Senate, and certain Congressional instrumentalities listed 
     below.
       The CAA applies the rights and protections of eleven labor 
     and employment and public access statutes to covered 
     employees within the Legislative Branch. Section 215(a) 
     provides that each employing office and each covered employee 
     shall comply with the provisions of section 5 of the 
     Occupational Safety and Health Act of 1970, 29 U.S.C. 
     Sec. 654 (``OSHAct''). 2 U.S.C. Sec. 1341(a). The provisions 
     of section 215 are effective on January 1, 1997 for all 
     employing offices except the General Accounting Office and 
     the Library of Congress. 2 U.S.C. Sec. 1341(g). Accordingly, 
     the rules included in this Notice of Proposed Rulemaking 
     (``NPRM or Notice'') do not apply to the General Accounting 
     Office or the Library of Congress at this time.
       In addition to inviting comment in this NPRM, the Board, 
     through the statutory appointees of the Office, sought 
     consultation with the Secretary of Labor with regard to the 
     development of these regulations in accordance with section 
     304(g) of the CAA. Specifically, the Occupational Safety and 
     Health Administration provided helpful suggestions during the 
     development of the proposed regulations. The Board also notes 
     that the General Counsel of the Office has completed an 
     inspection of all covered facilities for compliance with 
     safety and health standards under section 215 of the CAA and 
     has submitted his final report to Congress. Based on the 
     information gleaned from these consultations and the 
     experience gained from the inspections, the Board of 
     Directors of the Office of Compliance is publishing these 
     proposed regulations, pursuant to section 215(d) of the CAA, 
     2 U.S.C. Sec. 1341(d).

[[Page H10712]]

       The purpose of these regulations is to implement section 
     215 of the CAA. This Notice proposes that virtually identical 
     regulations be adopted for the Senate, the House of 
     Representatives, and the seven Congressional 
     instrumentalities; and their employees. Accordingly:
       (1) Senate. It is proposed that regulations as described in 
     this Notice be included in the body of regulations that shall 
     apply to the Senate and employees of the Senate, and this 
     proposal regarding the Senate and its employees is 
     recommended by the Office of Compliance's Deputy Executive 
     Director for the Senate.
       (2) House of Representatives. It is further proposed that 
     regulations as described in this Notice be included in the 
     body of regulations that shall apply to the House of 
     Representatives and employees of the House of 
     Representatives, and this proposal regarding the House of 
     Representatives and its employees is recommended by the 
     Office of Compliance's Deputy Executive Director for the 
     House of Representatives.
       (3) Certain Congressional instrumentalities. It is further 
     proposed that regulations as described in this Notice be 
     included in the body of regulations that shall apply to the 
     Capitol Guide Service, the Capitol Police, the Congressional 
     Budget Office, the Office of the Architect of the Capitol, 
     the Office of the Attending Physician, and the Office of 
     Compliance, and their employees; and this proposal regarding 
     these six Congressional instrumentalities is recommended by 
     the Office of Compliance's Executive Director.
       Dates: Comments are due within 30 days after the date of 
     publication of this Notice in the Congressional Record.
       Addresses: Submit written comments (an original and 10 
     copies) to the Chair of the Board of Directors, Office of 
     Compliance, Room LA 200, John Adams Building, 110 Second 
     Street, S.E., Washington, D.C. 20540-1999. Those wishing to 
     receive notification of receipt of comments are requested to 
     include a self-addressed, stamped post card. Comments may 
     also be transmitted by facsimile (``FAX'') machine to (202) 
     426-1913. This is not a toll-free call. Copies of comments 
     submitted by the public will be available for review at the 
     Law Library Reading Room, Room LM-201, Law Library of 
     Congress, James Madison Memorial Building, Washington, D.C., 
     Monday through Friday, between the hours of 9:30 a.m. and 
     4:00 p.m. In addition, a copy of the material listed in the 
     section of the proposed regulations entitled ``Incorporation 
     by Reference'' is available for inspection and review at the 
     Law Library Reading Room, Room LM-201, Law Library of 
     Congress, James Madison Memorial Building, Washington, D.C., 
     Monday through Friday, between the hours of 9:30 a.m. and 
     4:00 p.m.
       For further information contact: Executive Director, Office 
     of Compliance, at (202) 724-9250 (voice), (202) 426-1912 
     (TTY). This Notice is also available in the following 
     formats: large print, braille, audio tape, and electronic 
     file on computer disk. Requests for this notice in an 
     alternative format should be made to Mr. Russell Jackson, 
     Director, Services Department, Office of the Sergeant at Arms 
     and Doorkeeper of the Senate, at (202) 224-2705 (voice), 
     (202) 224-5574 (TTY).


                       SUPPLEMENTARY INFORMATION

                         Background and Summary

       The Congressional Accountability Act of 1995 (``CAA''), 
     Pub. L. 104-1, 109 Stat. 3, was enacted on January 23, 1995. 
     2 U.S.C. Sec. Sec. 1301-1438. In general, the CAA applies the 
     rights and protections of eleven federal labor and employment 
     and public access statutes to covered employees and employing 
     offices.
       Section 215(a) of the CAA provides that each employing 
     office and each covered employee shall comply with the 
     provisions of section 5 of the Occupational Safety and Health 
     Act of 1970 (``OSHAct''), 29 U.S.C. Sec. 654. 2 U.S.C. 
     Sec. 1341(a). Section 5(a) of the OSHAct provides that every 
     covered employer has a general duty to furnish each employee 
     with employment and a place of employment free from 
     recognized hazards that are causing or are likely to cause 
     death or serious physical harm to those employees and a 
     specific duty to comply with occupational safety and health 
     standards promulgated under the law. Section 5(b) requires 
     covered employees to comply with occupational safety and 
     health standards and with all rules, regulations and orders 
     issued which are applicable to their actions and conduct.
       Section 215(c) of the CAA provides that, upon the written 
     request of any employing office or covered employee, the 
     General Counsel of the Office shall exercise the authorities 
     granted to the Secretary of Labor by subsections (a), (d), 
     (e), and (f) of section 8 of the OSHAct to inspect and 
     investigate places of employment under the jurisdiction of 
     employing offices. 2 U.S.C. Sec. 1341(c). For the purposes of 
     section 215, the General Counsel shall exercise the 
     authorities granted to the Secretary of Labor in sections 9 
     and 10 of the OSHAct to issue a citation or notice to any 
     employing office responsible for correcting a violation, or a 
     notification to any employing office that the General Counsel 
     believes has failed to correct a violation for which a 
     citation has been issued within the period permitted for its 
     correction. Id. Section 215(e) also requires that the General 
     Counsel of the Office of Compliance on a regular basis, and 
     at least once each Congress, conduct periodic inspections of 
     all covered facilities and report to Congress on compliance 
     with health and safety standards. 2 U.S.C. Sec. 1341(e).
       Section 215(d) of the CAA requires the Board of Directors 
     of the Office of Compliance established under the CAA to 
     issue regulations implementing the section. 2 U.S.C. 
     Sec. 1341(d). Section 215(d) further states that such 
     regulations ``shall be the same as substantive regulations 
     promulgated by the Secretary of Labor to implement the 
     statutory provisions referred to in subsection (a) except to 
     the extent that the Board may determine, for good cause shown 
     and stated together with the regulation, that a modification 
     of such regulations would be more effective for the 
     implementation of the rights and protections under this 
     section.'' Id. Section 215(d) further provides that the 
     regulations ``shall include a method of identifying, for 
     purposes of this section and for different categories of 
     violations of subsection (a), the employing office 
     responsible for correction of a particular violation.'' Id.
       In developing these proposed regulations, a number of 
     issues have been identified and explored. The Board has 
     proposed to resolve these issues as described below.

                             A. In general

       1. Substantive regulations promulgated by the Secretary of 
     Labor.--Section 215(d)(2) requires the Board to issue 
     regulations that are ``the same as substantive regulations 
     promulgated by the Secretary of Labor to implement the 
     statutory provisions referred to in subsection (a) except to 
     the extent that the Board may determine, for good cause shown 
     and stated together with the regulation, that a modification 
     of such regulations would be more effective for the 
     implementation of the rights and protections under this 
     section.'' 2 U.S.C. Sec. 1341(d)(2).
       Consistent with its prior decisions on this issue, the 
     Board has determined that all regulations promulgated by the 
     Secretary of Labor after notice and comment to implement 
     section 5 of the OSHAct are ``substantive regulations'' 
     within the meaning of section 215(d). See, e.g., 142 Cong. 
     Rec. S5070, S5071-72 (daily ed. May 15, 1996) (NPRM 
     implementing section 220(d)); 141 Cong. Rec. S17605 (daily 
     ed. Nov. 28, 1995) (NPRM implementing section 203); see also 
     Reves v. Ernst & Young, 113 S.Ct. 1163, 1169 (1993) (where 
     same phrase or term is used in two different places in the 
     same statute, reasonable for court to give each use a similar 
     construction); Sorenson v. Secretary of the Treasury, 475 
     U.S. 851, 860 (1986) (normal rule of statutory construction 
     assumes that identical words in different parts of same act 
     are intended to have the same meaning).
       In this regard, the Board has reviewed the provisions of 
     section 215 of the CAA, the provisions of the OSHAct applied 
     by that section, and the regulations of the Secretary of 
     Labor to determine whether and to what extent those 
     regulations are substantive regulations promulgated to 
     implement the substantive safety and health standards of 
     section 5 of the OSHAct. As explained more fully below, the 
     Board proposes to adopt otherwise applicable substantive 
     health and safety standards of the Secretary's regulations 
     published at Parts 1910 and 1926 of Title 29 of the Code of 
     Federal Regulations (``29 CFR'') with only limited 
     modifications. The Board proposes not to adopt as substantive 
     regulations under section 215(d) of the CAA those provisions 
     of the Secretary's regulations that were not promulgated to 
     implement provisions of section 5 of the OSHAct.
       In addition, the Board has proposed to make technical 
     changes in definitions and nomenclature so that the 
     regulations comport with the CAA and the organizational 
     structure of the Office of Compliance. In the Board's 
     judgment, making such changes satisfies the Act's ``good 
     cause'' requirement. With the exception of such technical and 
     nomenclature changes, however, the Board does not propose 
     substantial departure from otherwise applicable regulations 
     of the Secretary.
       2. The board will adopt the substantive safety and health 
     standards contained in Parts 1910 and 1926 of title 29 of the 
     Code of Federal Regulations.--Section 215(a) requires each 
     employing office and covered employee to comply with the 
     provisions of section 5 of the OSHAct, 29 U.S.C. Sec. 654. 2 
     U.S.C. Sec. 1341(a). Section 5(a) of the OSHAct provides that 
     every covered employer has a general duty to furnish each 
     employee with employment and a place of employment free from 
     recognized hazards that are causing or are likely to cause 
     death or serious physical harm to those employees, and a 
     specific duty to comply with occupational safety and health 
     standards promulgated by the Occupational Safety and Health 
     Administration (``OSHA'') under the law. Section 5(b) 
     requires covered employees to comply with occupational safety 
     and health standards and with all rules, regulations and 
     orders issued which are applicable to their actions and 
     conduct.
       The substantive occupational safety and health standards 
     promulgated by OSHA which the Board intends to adopt are set 
     forth at 29 CFR, Parts 1910 (general industry standards) and 
     1926 (construction industry standards). Although Part 1926 
     was originally promulgated by the Secretary under section 107 
     of the Contract Work Hours and Safety Standards Act, the 
     substantive safety and health standards (subparts C through 
     Z) are adopted and incorporated by reference into Part 1910. 
     See 29 CFR Sec. 1910.12. These regulations implement the 
     substantive safety and health standards referred to in 
     section 5 of the OSHAct and thus are ``substantive 
     regulations'' which the Board proposes to adopt under section 
     215(d) of the CAA. However, the Board proposes not to adopt 
     those regulatory provisions in Parts 1910 and 1926

[[Page H10713]]

     that have no conceivable applicability to operations of 
     employing offices within the Legislative Branch or are 
     unlikely to be invoked. See 141 Cong. Rec. at S17604 (Nov. 
     28, 1995) (NPRM implementing section 203).
       Adoption of the substantive safety and health standards of 
     Parts 1910 and 1926 is consistent with the language and 
     legislative history of section 215, which confirms that 
     Congress expected the law as enacted to require that covered 
     employing offices and covered employees comply with the 
     existing substantive occupational safety and health standards 
     promulgated by the Secretary of Labor. 141 Cong. Rec. S621, 
     S625 (Jan. 9, 1995) (section 215 ``requires employees and 
     employing offices . . . to comply with . . . the Occupational 
     Safety and Health Standards promulgated by the Secretary of 
     Labor under section 6 of that act.''). Similarly, the 
     section-by-section analysis of H.R. 4822, a precursor to the 
     CAA, clearly states that Congress expected the Board to adopt 
     OSHA occupational safety and health standards promulgated 
     under section 6 of the OSHAct as its own:
       ``It is not intended that the Board will replicate the work 
     of the Secretary of Labor by promulgating its own standards 
     similar to those promulgated by the Secretary of Labor under 
     section 6 of the OSHA [citation omitted]. Rather, it is 
     intended that the Board will adopt the Secretary's 
     [occupational safety and health] standards, and only where 
     the Board believes different rules would better serve the 
     interests of OSHA and this Act will it adopt different 
     rules.'' S.Rep. 103-396 (Oct. 3, 1994).
        Adoption of the substantive safety and health standards of 
     Parts 1910 and 1926 is also consistent with existing safety 
     and health practices of employing entities within the 
     Legislative Branch. For example, the Architect of the 
     Capitol, which has direct superintendence responsibility for 
     the majority of facilities subject to section 215, has 
     maintained a policy of voluntary compliance with the safety 
     and health standards under Parts 1910 and 1926 through its 
     safety and health program. See Congressional Coverage 
     Legislation: Applying Laws to Congress: Hearings on S.29, 
     S.103, S.357, S.207, and S.2194, Before the Senate Comm. on 
     Govt. Affairs, 103d Cong., 3d Sess. 55-56 (1995) (testimony 
     of J. Raymond Carroll, Director of Engineering, Office of the 
     Architect of the Capitol).
        The Board also notes that the General Counsel applied the 
     occupational safety and health standards under Parts 1910 and 
     1926 in his initial inspection of Legislative Branch 
     facilities pursuant to section 215(c) of the CAA. In contrast 
     to other sections of the CAA, which generally give the Office 
     of Compliance only adjudicatory and regulatory 
     responsibilities, the General Counsel has the authority to 
     investigate and prosecute alleged violations of safety and 
     health standards under section 215, as well as the 
     responsibility for inspecting covered facilities to ensure 
     compliance. In his final inspection report, the General 
     Counsel stated his view that application of Parts 1910 and 
     1926 standards appeared appropriate for such operations. See 
     Report on Initial Inspections of Facilities for Compliance 
     with the Occupational Safety and Health Standards Under 
     Section 215 (``Safety and Health Report''), p. I-2 (June 28, 
     1996).
       For all of these reasons, the Board proposes to adopt all 
     otherwise applicable sections of Parts 1910 and 1926 as 
     substantive regulations under section 215(d).
       3. Modification of Parts 1910 and 1926, 29 CFR.--The Board 
     has considered whether and to what extent it should modify 
     otherwise applicable substantive safety and health standards 
     at 29 CFR, Parts 1910 and 1926. As the Board has noted in 
     prior rulemakings, the language and legislative history of 
     the CAA leads the Board to conclude that, absent clear 
     statutory language to the contrary, the Board should hew as 
     closely as possible to the text of otherwise applicable 
     regulations implementing the statutory provisions applied to 
     the Legislative Branch. See, e.g., 142 Cong. Rec. S221, S222 
     (Jan. 22, 1996) (Notice of Adoption of Rules Implementing 
     Section 203) (``The CAA was intended not only to bring 
     covered employees the benefits of the . . . incorporated 
     laws, but also require Congress to experience the same 
     compliance burdens faced by other employers so that it could 
     more fairly legislate in this area.''). Thus, consistent with 
     its prior decisions, the Board proposes to issue Parts 1910 
     and 1926 of the Secretary's regulations with only technical 
     changes in the nomenclature and deletion of those sections 
     clearly inapplicable to the Legislative Branch. See, e.g., 
     141 Cong. Rec. S17603-S17604 (Nov. 28, 1995) (preamble to 
     NPRM under section 203 of the CAA).
        This conclusion is also supported by the General Counsel's 
     inspection report, which applied the substantive safety and 
     health standards to covered facilities in the course of his 
     initial inspections under section 215(e) of the CAA. 
     Specifically, the report found nothing about work operations 
     within facilities of the Legislative Branch that suggested 
     that they were so different from those in comparable private 
     sector facilities as to require a different safety and health 
     standard. See generally Safety and Health Report. Thus, with 
     the exception of nonsubstantive technical and nomenclature 
     changes, the Board proposes no departure from the text of 
     otherwise applicable portions of Parts 1910 and 1926.
       4. Secretary of Labor's regulations that the board proposes 
     not to adopt.--In reviewing the remaining parts of the 
     Secretary's regulations, it is apparent that they either were 
     not promulgated by the Secretary of Labor to implement the 
     safety and health standards referred to in section 5 of the 
     OSHAct and/or have no application to employing offices or 
     other facilities within the Legislative Branch. For this 
     reason, the Board is not including them within its 
     substantive regulations. Among the excluded regulations are 
     the following parts of 29 CFR: Part 1902 (adoption of health 
     and safety standards and enforcement plans by States); Part 
     1908 (cooperative agreements between OSHA and the States); 
     Parts 1911 and 1912 (procedure for promulgating, modifying or 
     revoking occupational safety and health standards by OSHA); 
     Parts 1915-1922 (occupational safety and health standards and 
     procedures for shipyards, marine terminals, and longshoring 
     operations); Part 1914 (safety and health standards 
     applicable to workshops and rehabilitation facilities 
     assisted by federal grants); Part 1925 (safety and health 
     requirements under the Service Contract Act of 1965); Part 
     1928 (occupational safety and health standards applicable to 
     agricultural operations); Part 1949 (OSHA Office of Training 
     and Education regulations); Parts 1950-1956 (State 
     occupational safety and health regulation and enforcement 
     plans and planning grants to States); Part 1960 (occupational 
     safety and health regulation of Federal executive branch 
     employees and agencies, implementing section 19 of the 
     OSHAct); Part 1975 (regulations clarifying the definition of 
     employer under the OSHAct); Part 1978 (regulations 
     implementing section 405 of the Surface Transportation 
     Assistance Act of 1982); Part 1990 (regulations relating to 
     identification, classification, and regulation of potential 
     occupational carcinogens); Part 2201 (regulations 
     implementing the Freedom of Information Act); Part 2202 
     (rules of ethics and conduct of Occupational Safety and 
     Health Review Commission employees); Part 2203 (regulations 
     implementing the Government in the Sunshine Act); Part 2204 
     (regulations implementing the Equal Access to Justice Act in 
     Proceedings before the Occupational Safety and Health Review 
     Commission); Part 2205 (regulations enforcing the provisions 
     prohibiting discrimination on the basis of handicap in 
     programs or activities conducted by the OSHRC); and Part 2400 
     (regulations implementing the Privacy Act). Unless public 
     comments demonstrate otherwise, the Board intends to include 
     in the adopted regulations a provision stating that the Board 
     has issued substantive regulations on all matters for which 
     section 215(d) requires a regulation. See 2 U.S.C. Sec. 1411.
       The Board will also not adopt as part of its regulations 
     under section 215(d) of the CAA the rules of agency practice 
     and procedure for the Occupational Safety and Health Review 
     Commission (Part 2200), rules of agency practice and 
     procedure regarding OSHA access to employee medical records 
     (Part 1913), and rules implementing the rights and procedures 
     regarding the antidiscrimination and anti-retaliation 
     provisions of section 11 of the OSHAct (Part 1977). Although 
     not within the scope of rulemaking under section 215(d), the 
     Board has determined that the subject matter of these 
     provisions may have general applicability to Board and Office 
     proceedings under the CAA. Thus, these matters should be 
     addressed, if at all, in the Office's development of 
     appropriate changes in the procedural rules for section 215 
     cases that the Executive Director promulgates pursuant to 
     section 303 of the CAA.
       5. Variance procedures.--Section 215(c)(4) of the CAA 
     authorizes the Board to consider and act on requests for 
     variances by employing offices from otherwise applicable 
     safety and health standards applied to them under this 
     section, consistent with sections 6(b)(6) and 6(d) of the 
     OSHAct. 2 U.S.C. Sec. 1341(c)(4). Part 1905, 29 CFR, contains 
     the Secretary's rules of practice and procedure for variances 
     under the OSHAct. Part 1905 was not promulgated to implement 
     the health and safety standards referred to in section 5 of 
     the OSHAct. Accordingly, it will not be adopted as part of 
     the Board's section 215(d) regulations. However, the Board 
     has determined that these regulations may concern matters 
     ``governing the procedure of the Office'' and, therefore, may 
     be addressed as part of a rulemaking under section 303 of the 
     CAA.
       6. Procedure regarding inspections, citations, and 
     notices.--Section 215(c) of the CAA grants the General 
     Counsel of the Office the authority under sections 8 and 9 of 
     the OSHAct to inspect and investigate places of employment 
     and issue citations and notices to employing offices 
     responsible for correcting violations. 2 U.S.C. Sec. 1341(c). 
     Part 1903 of the Secretary's regulations, which relates to 
     the procedure for conducting inspections, and for issuing and 
     contesting citations and proposed penalties, implements 
     sections 8 and 9 of the OSHAct. The purpose of Part 1903, 
     according to the Secretary, is to prescribe rules and to set 
     forth general policies for enforcement of the inspection, 
     citation, and proposed penalty provisions of the OSHAct. See 
     29 CFR 1903.1. Part 1903 does not implement any substantive 
     right or protection under section 5 of the OSHAct or of any 
     substantive health and safety standard thereunder. 
     Accordingly, the Board will not adopt part 1903 as part of 
     its section 215(d) regulations. However, the Executive 
     Director may consider adopting some or all of the rules 
     contained in Part 1903 as part of the procedural rules of the 
     Office, as applicable and appropriate.
       7. Notice posting and recordkeeping requirements.--Section 
     215(c)(1) of the CAA grants to

[[Page H10714]]

     the General Counsel of the Office of Compliance the 
     authorities of the Secretary of Labor under the following 
     subsections of section 8 of the OSHAct: (a) (authority of 
     Secretary to enter, inspect, and investigate places of 
     employment), (d) (methods of obtaining information), (e) 
     (employer and employee representatives authorized to 
     accompany inspectors), and (f) (requests for inspections), 29 
     U.S.C. section 657(a), (d), (e), and (f). 2 U.S.C. 
     Sec. 1341(c)(1). Section 215 does not incorporate or make 
     reference to section 8(c) of the OSHAct (requiring safety and 
     health recordkeeping and posting of notices). More 
     specifically, section 8(c) of the OSHAct is not a part of the 
     rights and protections of section 5 of the OSHAct, nor is it 
     a substantive safety and health standard referred to therein. 
     Thus, section 215(d) of the CAA does not authorize the Board 
     to incorporate the general notice and recordkeeping 
     requirements promulgated by the Secretary to implement 
     section 8(c) of the OSHAct and, consequently, such 
     requirements (set forth at Part 1904) will not be imposed at 
     this time. See 141 Cong. Rec. at S17604 (NPRM implementing 
     section 203); 141 Cong. Rec. at S17656 (Nov. 28, 1995) (NPRM 
     implementing section 204); 142 Cong. Rec. S221, S222 (Jan. 
     22, 1996) (Notice of Adoption of Regulations Implementing 
     Section 203).
       The Board also notes that there are certain recordkeeping 
     requirements that are part of the substantive safety and 
     health standards under parts 1910 and 1926, 29 CFR, such as 
     employee exposure records under subpart Z. Thus, these 
     regulations have been included in the Board's proposed 
     regulations. See 141 Cong. Rec. at 17657 (daily ed. Jan. 22, 
     1996) (recordkeeping requirements included within portion of 
     Employee Polygraph Protection Act applied by section 204 of 
     the CAA must be included within the proposed rules).
       The Board is also aware that Congress has enacted two 
     special statutory provisions regarding safety and health that 
     may already apply to some covered employing offices. Section 
     19(a) of the OSHAct, 29 U.S.C. Sec. 668(a), requires the head 
     of each federal agency to ``establish and maintain an 
     effective and comprehensive occupational safety and health 
     program which is consistent with the standards promulgated 
     [by OSHA] under section 655.'' Agency heads are also required 
     to submit annual reports to the Secretary on occupational 
     accidents and injuries and on the agency programs established 
     under section 668. However, the statute itself gives the 
     Secretary no enforcement authority against federal agencies. 
     OSHA regulations implementing section 668 are not binding on 
     Legislative Branch agencies unless by agreement between OSHA 
     and the head of the agency. See 29 C.F.R. Sec. 1960.2(b).
       The related provisions of 5 U.S.C. Sec. 7902 cover an 
     agency in ``any branch of the Government of the United 
     States.'' Section 7902 imposes recordkeeping and report 
     requirements on each agency similar to the requirements of 29 
     U.S.C. Sec. 668. There is no apparent mechanism for 
     enforcement of section 7902 obligations regarding Legislative 
     Branch agencies.
       The above two provisions may arguably impose general 
     recordkeeping requirements with respect to occupational 
     accidents and injuries on some covered employing offices 
     independent of the CAA, to the extent that such employing 
     offices are found to be ``agencies'' within the meaning of 
     those statutory provisions. The Board's resolution of the 
     recordkeeping issue under section 215(e) of the CAA is not an 
     attempt to modify the statutory provisions of 29 U.S.C. 
     Sec. 668 and 5 U.S.C. Sec. 7902 and their applicability to 
     Legislative Branch entities. Whether section 215 of the CAA 
     and the regulations the Board proposes to implement 
     thereunder can be harmonized with these preexisting statutory 
     requirements not within the scope of the CAA that might 
     independently apply to Legislative Branch entities is an 
     issue that the Board has no occasion to address. See 142 
     Cong. Rec. at S224 (daily ed., Jan. 22, 1996) (Notice of 
     Adoption of Regulations and Submission for Approval and 
     Issuance of Interim Regulations under section 203 of the CAA) 
     (declining to address issue of harmonizing regulations 
     regarding overtime exemption for law enforcement officers 
     under section 203 with preexisting statutory overtime 
     exemption for Capitol Police under 40 U.S.C. Sec. Sec. 206b-
     206c).

                        B. Proposed regulations

       1. General provisions.--The proposed regulations include a 
     section on matters of general applicability including the 
     purpose and scope of the regulations, definitions, coverage, 
     and the administrative authority of the Board and the Office 
     of Compliance.
       2. Incorporation by Reference of Part 1910 and Part 1926 
     Standards.--The Board will incorporate by reference the 
     portions of 29 CFR, Parts 1910 and 1926, it proposes to 
     adopt, rather than setting forth the full text of those 
     provisions in this Notice.
       Incorporation by reference of the safety and health 
     standards set forth in Parts 1910 and 1926 is appropriate 
     under the circumstances and meets the ``good cause'' 
     requirement of the CAA. The portions of Parts 1910 and 1926 
     that the Board proposes to adopt by reference contain only 
     substantive safety and health standards that are published in 
     Title 29 of the Code of Federal Regulations and that are thus 
     reasonably available to commenters and to affected employing 
     offices and covered employees. Moreover, incorporation by 
     reference of Parts 1910 and 1926 would substantially reduce 
     the volume of material published in the Congressional Record: 
     Part 1910 and 1926 are set forth in three volumes of the Code 
     of Federal Regulations. If restated herein, the material 
     would consist of almost 6,500 pages of text and accompanying 
     illustrations. Given that these standards are proposed to be 
     adopted without change by the Board and are readily 
     accessible to potential commenters, incorporation by 
     reference is appropriate.
       3. Method for Identifying Responsible Employing Offices and 
     Establishing Categories of Violations.--Section 215(d)(3) of 
     the CAA directs the Board to include in its regulations a 
     method for identifying, for purposes of section 215 and for 
     different categories of violations of subsection (a), the 
     employing office responsible for correction of a particular 
     violation. 2 U.S.C. Sec. 1341(d)(3). The method developed by 
     the Board to identify entities responsible for correcting a 
     violation of section 215(a) is set forth in section 1.106 of 
     the proposed regulations. Section 1.106 is based in large 
     part on the methods adopted and applied by the General 
     Counsel during his initial inspections of covered employing 
     offices under section 215(e). See Safety and Health Report, 
     App. V.
       a. Identifying the employing office responsible for 
     correcting violations. In considering rules for identifying 
     the employing office responsible for correcting violations 
     under section 215, the Board is mindful that any regulation 
     that it promulgates should neither expand nor contract the 
     statutory safety and health obligations of employing offices 
     under section 215. See White v. I.N.S., 75 F.3d 213, 215 (5th 
     Cir. 1996) (agency cannot promulgate even substantive rules 
     that are contrary to statute; if intent of Congress is clear, 
     agency must give effect to that unambiguously expressed 
     intent); Conlan v. U.S. Dep't of Labor, 76 F.23 271, 274 (9th 
     Cir. 1996). Therefore, the Board has considered the nature of 
     the safety and health obligations imposed on employing 
     offices under the OSHAct, as applied by the terms of section 
     215(a). Specifically, the Board notes that section 
     215(a)(2)(C) expressly assigns liability to the employing 
     office responsible for correcting the violation, 
     ``irrespective of whether the particular employing office has 
     an employment relationship with any covered employee in any 
     employing office in which such violation occurs.''
       In many cases, the primary employing office responsible for 
     correcting the hazards identified under section 215 and for 
     addressing the recommendations made by the General Counsel is 
     the Architect of the Capitol, given the Architect's statutory 
     responsibility for superintendence and control over the 
     Capitol Building, House and Senate office buildings, and 
     other similar facilities. See, e.g., 40 U.S.C. Sec. Sec. 163-
     166 (Capitol Building), 167-175 and 185a (House and Senate 
     office buildings), 185 (Capitol Power Plant), 193a (Capitol 
     grounds), and 216b (Botanical Garden). However, it is 
     recognized that in some cases other employing offices, 
     particularly the staff or occupants of office buildings under 
     the Architect's superintendence, may have varying degrees of 
     actual or apparent jurisdiction, authority, and 
     responsibility for correction of violations. In other cases, 
     the employing office may have a responsibility to notify or 
     coordinate abatement of the hazard with the Architect of the 
     Capitol or other employing office actually responsible for 
     implementing the correction. Accordingly, proposed section 
     1.106 assigns responsibility to employing offices in four 
     situations:
       1. The employing office that actually created the hazard or 
     condition identified. Frequently, the employing office that 
     created the hazard is in the best position to correct the 
     hazard, and has control over the manner and method of 
     operations sufficient to avoid the hazard in the first place 
     or reduce the hazard once created.
       2. The employing office that is exposing its employees to 
     the hazard or condition. Under the OSHAct, an employer has 
     responsibility for the safety of its own employees and is 
     required to instruct them about the hazards that might be 
     encountered, including what protective measures to use. In 
     the case of hazardous conditions, facilities, or equipment 
     over which the employer has no control, it has a duty to at 
     least warn its employees of the hazard and/or to prevent the 
     employees exposure to the hazard by utilizing alternative 
     locations or means to perform the work. See Secretary of 
     Labor v. Baker Tank Co., 17 OSHC 1177, 1180 (OSHRC April 10, 
     1995).
       3. The employing office that is responsible for safety and 
     health conditions in the workplace and has day-to-day 
     control, in whole or in part, of the area where the hazard or 
     condition is found. For example, a Member has effective 
     control over his or her own office area, and has the 
     responsibility for notifying the Architect or other 
     responsible offices, when hazards are identified in his or 
     her spaces, even though the Member may have no direct 
     responsibility in many cases for carrying out the correction 
     of the condition.
       4. The employing office that is responsible for actually 
     carrying out the correction (or for contacting other offices 
     or otherwise arranging for correction of the hazard or 
     condition). In many cases, the Architect is responsible for 
     repairing and correcting physical hazards identified in his 
     area of superintendence, such as electrical hazards. In some 
     cases, other employing offices may have responsibility to 
     actually carry out the correction, such as the Chief 
     Administrative Officer of the House of Representatives with 
     respect to carpet repair in House office buildings. In other 
     cases, an employing office may

[[Page H10715]]

     have responsibility for arranging for such corrections. For 
     example, in House office buildings, repair of carpeting falls 
     within the jurisdiction of the Chief Administrative Officer. 
     However, the Superintendent of the House Office buildings, an 
     Architect official, may have some responsibility for 
     notifying the Chief Administrative Officer that such repairs 
     are needed, if the Member or office staff does not do so.
       The above rules are derived from the so-called multi-
     employer doctrine applied by OSHA as a means of apportioning 
     liability for abatement and penalties at multi-employer 
     worksites where one employer created the hazard and some 
     employees, but not necessarily its own, are exposed to it. 
     See generally Brennan v. OSHRC (Underhill Construction 
     Corp.), 513 F.2d 1032, 1038 (2d Cir. 1975); Mark A. 
     Rothstein, Occupational Safety and Health Law Sec. Sec. 161-
     169 (3d ed. 1990). Under this doctrine, an employer at a 
     multi-employer worksite is responsible, even in the absence 
     of exposure of its own employees, for any hazardous 
     conditions which it creates or controls. Id. See also H.B. 
     Zachry Co., 8 OSHC 1669, 1980 OSHD para. 25,588 (1980), 
     affirmed 638 F.2d 812 (5th Cir. 1981); OSHA Field Inspection 
     Reference Manual III-28 (1994).
       There is an issue whether application of the multi-employer 
     doctrine by OSHA in the private sector context is in all 
     situations authorized by the OSHAct. Compare Teal v. E.I. Du 
     Pont de Nemours & Co., 728 F.2d 799, 804-05 (6th Cir. 1984) 
     (``Once an employer is deemed responsible for complying with 
     OSHA regulations, it is obligated to protect every employee 
     who works at its workplace.'') and Beatty Equip. Leasing v. 
     Secretary of Labor,  F.2d 534, 537 (9th Cir. 1978) 
     (subcontractor who supplied and erected scaffolding liable 
     even where his own employees not exposed) with Melerine v. 
     Avondale Shipyards, Inc.,  659 F.2d 706, 712 (5th Cir. 1981) 
     (``In this circuit, therefore, the class protected by OSHA 
     regulations comprises only employer's own employees.''). 
     However, the Board need not address this issue because the 
     CAA expressly imposes responsibility for correction of health 
     and safety violations on an otherwise covered Legislative 
     Branch entity ``irrespective of whether the entity has an 
     employment relationship with any covered employee in any 
     employing office in which such a violation occurs.'' 2 U.S.C. 
     Sec. 1341(a)(2)(C). Accordingly, the above regulations are 
     consistent with the OSHAct as modified by the express terms 
     of section 215 of the CAA.
       b. Classifying the level of risk/seriousness of the 
     violation. The proposed regulations do not include a 
     provision classifying categories of violations. The method 
     for identifying the employing offices responsible for 
     correcting a violation of section 215(a) set forth in section 
     1.106 of the proposed regulations is not affected by the 
     category or type of violation. Moreover, such categories of 
     violations are not set forth in any substantive regulations 
     of the Secretary required to be adopted under section 215(d). 
     Therefore, the Board does not propose any substantive 
     regulations which set forth categories of violations.
       The Board notes that the General Counsel has developed, as 
     part of his authority to inspect covered facilities under 
     section 215(e), classifications of violations to guide 
     employing offices and covered employees in assigning priority 
     for correction and abatement of hazards. The General 
     Counsel's guidelines are based on those issued by OSHA in 
     determining the amount of proposed penalties in cases 
     involving private employers. See generally 29 U.S.C. 
     Sec. Sec. 666(j) and (k). Although neither the General 
     Counsel nor the Office has authority to impose monetary 
     penalties under section 215 of the CAA, see 2 U.S.C. 
     Sec. Sec. 1341(b) and 1361(c) (limiting remedy under section 
     215 to injunctive provisions of section 13(a) of the OSHAct 
     and providing that no civil penalty may be awarded with 
     respect to any claim under the CAA), the factors considered 
     by OSHA in determining the amount of penalty may be useful as 
     an expression of the gravity of the deficiency involved. A 
     further description of these categories is set forth in the 
     General Counsel's inspection report. See Safety and Health 
     Report, App. I.
       4. Future changes in the text of the health and safety 
     standards which the Board has adopted.--The Board proposes 
     that the section 215 regulations incorporate the text of the 
     referenced health and safety standards of parts 1910 and 1926 
     in effect as of the effective date of these regulations. The 
     Board takes notice that OSHA has in recent years made 
     frequent changes, both technical and nontechnical, to its 
     part 1910 and 1926 regulations, and is in the process of 
     developing additional safety and health standards in some 
     areas. The Board interprets the incorporation by reference of 
     external documents or standards in the text of the adopted 
     Parts 1910 and 1926 regulations (such as the provisions of 
     the National Electrical Code) to include any future changes 
     to such documents or standards. As the Office receives notice 
     of such changes by OSHA, it will advise covered employing 
     offices and employees of them as part of its education and 
     information activities. As to changes in the text of the 
     adopted regulations themselves, however, the Board finds 
     that, under the CAA statutory scheme, additional Board 
     rulemaking under section 215(d) will be required. The Board 
     believes that it should afford Legislative Branch entities 
     and employees potentially affected by adoption of such 
     changes the opportunity to comment on the propriety of Board 
     adoption of any such changes, and that the Congress should 
     have the opportunity to specifically approve such adoption by 
     the Board. The Board specifically invites comments on this 
     proposal.
       5. Technical and nomenclature changes.--The proposed 
     regulations make technical and nomenclature changes, where 
     appropriate, to conform to the provisions of the CAA.
       Recommended method of approval: The Board recommends that 
     (1) the version of the proposed regulations that shall apply 
     to the Senate and employees of the Senate be approved by the 
     Senate by resolution; (2) the version of the proposed 
     regulations that shall apply to the House of Representatives 
     and employees of the House of Representatives be approved by 
     the House of Representatives by resolution; and (3) the 
     version of the proposed regulations that shall apply to other 
     covered employees and employing offices be approved by the 
     Congress by concurrent resolution.

       Signed at Washington, D.C., on this 18th day of September, 
     1996.
                                                    Glen D. Nager,
                         Chair of the Board, Office of Compliance.

 Application of Rights and Protections of the Occupational Safety and 
Health Act of 1970 (Section 215 of the Congressional Accountability Act 
                                of 1995)

     Part 1----Matters of General Applicability to All Regulations 
 Promulgated Uuder Section 215 of the Congressional Accountability Act 
                                of 1995

     Sec.
     1.101  Purpose and scope
     1.102  Definitions
     1.103  Notice of protection
     1.104  Authority of the Board
     1.105  Method for identifying the entity responsible for 
         correction of violations of section 215
     Sec. 1.101  Purpose and scope.
       (a) Section 215 of the CAA. Enacted into law on January 23, 
     1995, the Congressional Accountability Act (``CAA'') directly 
     applies the rights and protections of eleven federal labor 
     and employment law and public access statutes to covered 
     employees and employing offices within the Legislative 
     Branch. Section 215(a) of the CAA provides that each 
     employing office and each covered employee shall comply with 
     the provisions of section 5 of the Occupational Safety and 
     Health Act of 1970 (``OSHAct''), 29 U.S.C. Sec. 654. Section 
     5(a) of the OSHAct provides that every covered employer has a 
     general duty to furnish each employee with employment and a 
     place of employment free from recognized hazards that are 
     causing or are likely to cause death or serious physical harm 
     to those employees, and a specific duty to comply with 
     occupational safety and health standards promulgated under 
     the law. Section 5(b) requires covered employees to comply 
     with occupational safety and health standards and with all 
     rules, regulations and orders which are applicable to their 
     actions and conduct. Set forth herein are the substantive 
     regulations that the Board of Directors of the Office of 
     Compliance has promulgated pursuant to section 215(d) of the 
     CAA.
       (b) Purpose and scope of regulations. The regulations set 
     forth herein (Parts 1 and 1900) are the substantive 
     regulations that the Board of Directors of the Office of 
     Compliance has promulgated pursuant to section 215(d) of the 
     CAA. Part 1 contains the general provisions applicable to all 
     regulations under section 215, including the method of 
     identifying entities responsible for correcting a violation 
     of section 215. Part 1900 contains the substantive safety and 
     health standards which the Board has adopted as substantive 
     regulations under section 215(e).
     Sec. 1.102  Definitions.
       Except as otherwise specifically provided in these 
     regulations, as used in these regulations:
       (a) Act or CAA means the Congressional Accountability Act 
     of 1995 (Pub.L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec. 1301-
     1438).
       (b) OSHAct means the Williams-Steiger Occupational Safety 
     and Health Act of 1970 (29 U.S.C. Sec. Sec. 651, et seq.), as 
     applied to covered employees and employing offices by Section 
     215 of the CAA.
       (c) The term covered employee means any employee of (1) the 
     House of Representatives; (2) the Senate; (3) the Capitol 
     Guide Service; (4) the Capitol Police; (5) the Congressional 
     Budget Office; (6) the Office of the Architect of the 
     Capitol; (7) the Office of the Attending Physician; and (8) 
     the Office of Compliance.
       (d) The term employee includes an applicant for employment 
     and a former employee.
       (e) The term employee of the Office of the Architect of the 
     Capitol includes any employee of the Office of the Architect 
     of the Capitol, the Botanic Gardens, or the Senate 
     Restaurants.
       (f) The term employee of the Capitol Police includes any 
     member or officer of the Capitol Police.
       (g) The term employee of the House of Representatives 
     includes an individual occupying a position the pay for which 
     is disbursed by the Clerk of the House of Representatives, or 
     another official designated by the House of Representatives, 
     or any employment position in an entity that is paid with 
     funds derived from the clerk-hire allowance of the House of 
     Representatives but not any such individual employed by any 
     entity listed in subparagraphs (3) through (8) of paragraph 
     (c) above.
       (h) The term employee of the Senate includes any employee 
     whose pay is disbursed by the Secretary of the Senate, but 
     not any such individual employed by any entity listed in 
     subparagraphs (3) through (8) of paragraph (c) above.

[[Page H10716]]

       (i) The term employing office means: (1) the personal 
     office of a Member of the House of Representatives or the 
     Senate or a joint committee; (2) a committee of the House of 
     Representatives or the Senate or a joint committee; (3) any 
     other office headed by a person with the final authority to 
     appoint, hire, discharge, and set the terms, conditions, or 
     privileges of the employment of an employee of the House of 
     Representatives or the Senate; or (4) the Capitol Guide 
     Board, the Congressional Budget Office, the Office of the 
     Architect of the Capitol, the Office of the Attending 
     Physician, and the Office of Compliance.
       (j) The term employing office includes any of the following 
     entities that is responsible for correction of a violation of 
     this section, irrespective of whether the entity has an 
     employment relationship with any covered employee in any 
     employing office in which such violation occurs: (1) each 
     office of the Senate, including each office of a Senator 
     and each committee; (2) each office of the House of 
     Representatives, including each office of a Member of the 
     House of Representatives and each committee; (3) each 
     joint committee of the Congress; (4) the Capitol Guide 
     Service; (5) the Capitol Police; (6) the Congressional 
     Budget Office; (7) the Office of the Architect of the 
     Capitol (including the Senate Restaurants and the Botanic 
     Garden); (8) the Office of the Attending Physician; and 
     (9) the Office of Compliance.
       (k) Board means the Board of Directors of the Office of 
     Compliance.
       (l) Office means the Office of Compliance.
       (m) General Counsel means the General Counsel of the Office 
     of Compliance.
     Sec. 1.103  Coverage.
       The coverage of Section 215 of the CAA extends to any 
     ``covered employee.'' It also extends to any ``covered 
     employing office,'' which includes any of the following 
     entities that is responsible for correcting a violation of 
     section 215 (as determined under section 1.106), irrespective 
     of whether the entity has an employment relationship with any 
     covered employee in any employing office in which such a 
     violation occurs:
       (1) each office of the Senate, including each office of a 
     Senator and each committee;
       (2) each office of the House of Representatives, including 
     each office of a Member of the House of Representatives and 
     each committee;
       (3) each joint committee of the Congress;
       (4) the Capitol Guide Service;
       (5) the Capitol Police;
       (6) the Congressional Budget Office;
       (7) the Office of the Architect of the Capitol (including 
     the Senate Restaurants and the Botanic Garden);
       (8) the Office of the Attending Physician; and
       (9) the Office of Compliance.
     Sec. 1.104  Notice of protection.
       Pursuant to section 301(h) of the CAA, the Office shall 
     prepare, in a manner suitable for posting, a notice 
     explaining the provisions of section 215 of the CAA. Copies 
     of such notice may be obtained from the Office of Compliance.
     Sec. 1.105  Authority of the Board.
       Pursuant to section 215 and 304 of the CAA, the Board is 
     authorized to issue regulations to implement the rights and 
     protections of section 215(a). Section 215(d) of the CAA 
     directs the Board to promulgate regulations implementing 
     section 215 that are ``the same as substantive regulations 
     promulgated by the Secretary of Labor to implement the 
     statutory provisions referred to in subsection (a) except to 
     the extent that the Board may determine, for good cause shown 
     and stated together with the regulation, that a modification 
     of such regulations would be more effective for the 
     implementation of the rights and protections under this 
     section.'' 2 U.S.C. Sec. 1341(d). The regulations issued by 
     the Board herein are on all matters for which section 215 of 
     the CAA requires a regulation to be issued. Specifically, it 
     is the Board's considered judgment, based on the information 
     available to it at the time of promulgation of these 
     regulations, that, with the exception of the regulations 
     adopted and set forth herein, there are no other 
     ``substantive regulations promulgated by the Secretary of 
     Labor to implement the statutory provisions referred to in 
     subsection (a) [of section 215 of the CAA]'' that need be 
     adopted.
       In promulgating these regulations, the Board has made 
     certain technical and nomenclature changes to the regulations 
     as promulgated by the Secretary. Such changes are intended to 
     make the provisions adopted accord more naturally to 
     situations in the Legislative Branch. However, by making 
     these changes, the Board does not intend a substantive 
     difference between these regulations and those of the 
     Secretary from which they are derived. Moreover, such 
     changes, in and of themselves, are not intended to constitute 
     an interpretation of the regulation or of the statutory 
     provisions of the CAA upon which they are based.
     Sec. 1.106  Method for identifying the entity responsible for 
         correction of violations of section 215.
       (a) Purpose and scope. Section 215(d)(3) of the CAA 
     provides that regulations under section 215(d) include a 
     method of identifying, for purposes of this section and for 
     categories of violations of section 215(a), the employing 
     office responsible for correcting a particular violation. 
     This section sets forth the method for identifying 
     responsible employing offices for the purpose of allocating 
     responsibility for correcting violations of section 215(a) of 
     the CAA. These rules apply to the General Counsel in the 
     exercise of his authority to issue citations or notices to 
     employing offices under sections 215(c)(2)(A) and (B), and to 
     the Office and the Board in the adjudication of complaints 
     under section 215(c)(3).
       (b) Employing Office(s) Responsible for Correcting a 
     Violation of Section 215(a) of the CAA. With respect to the 
     safety and health standards and other obligations imposed 
     upon employing offices under section 215(a) of the CAA, 
     correction of a violation of section 215(a) is the 
     responsibility of any employing office that is an exposing 
     employing office, a creating employing office, a controlling 
     employing office, and/or a correcting employing office, as 
     defined in this subsection, to the extent that the employing 
     office is in a position to correct or abate the hazard or to 
     ensure its correction or abatement.
       (i) Creating employing office means the employing office 
     that actually created the hazard forming the basis of the 
     violation or violations of section 215(a).
       (ii) Exposing employing office means the employing office 
     whose employees are exposed to the hazard forming the basis 
     of the violation or violations of section 215(a).
       (iii) Controlling employing office means the employing 
     office that is responsible, by agreement or legal authority 
     or through actual practice, for safety and health conditions 
     in the location where the hazard forming the basis for the 
     violation or violations of section 215(a) occurred.
       (iv) Correcting employing office means the employing office 
     that has the responsibility for actually performing (or the 
     authority or power to order or arrange for) the work 
     necessary to correct or abate the hazard forming the basis of 
     the violation or violations of section 215(a).
       (c) Exposing Employing Office Duties. Employing offices 
     have direct responsibility for the safety and health of their 
     own employees and are required to instruct them about the 
     hazards that might be encountered, including what protective 
     measures to use. An employing office may not contract away 
     these legal duties to its employees or its ultimate 
     responsibilities under section 215(a) of the CAA by requiring 
     another party or entity to perform them. In addition, if 
     equipment or facilities to be used by an employing office, 
     but not under the control of the employing office, do not 
     meet applicable health and safety standards or otherwise 
     constitutes a violation of section 215(a), it is the 
     responsibility of the employing office not to permit its 
     employees to utilize such equipment or facilities. In such 
     circumstances, the employing office is in violation if, and 
     only if, it permits its employees to utilize such equipment 
     or facilities. It is not the responsibility of an employing 
     office to effect the correction of any such deficiencies 
     itself, but this does not relieve it of its duty to use only 
     equipment or facilities that meet the requirements of section 
     215(a).

    Part 1900--Adoption of Occupational Safety and Health Standards

     Sec.
     1900.1  Purpose and scope
     1900.2  Definitions; provisions regarding scope, 
         applicability, and coverage; and exemptions
     1900.3  Adoption of occupational safety and health standards
     Sec. 1900.1  Purpose and scope.
       (a) The provisions of this subpart B adopt and extend the 
     applicability of occupational safety and health standards 
     established and promulgated by the Occupational Safety and 
     Health Administration (``OSHA'') and set forth at Parts 1910 
     and 1926 of title 29 of the Code of Federal Regulations, with 
     respect to every employing office, employee, and employment 
     covered by section 215 of the Congressional Accountability 
     Act.
       (b) It bears emphasis that only standards (i.e., 
     substantive rules) relating to safety or health are adopted 
     by any incorporations by reference of standards prescribed in 
     this Part. Other materials contained in the referenced parts 
     are not adopted. Illustrations of the types of materials 
     which are not adopted are these. The incorporation by 
     reference of part 1926, 29 CFR, is not intended to include 
     references to interpretative rules having relevance to the 
     application of the Construction Safety Act, but having no 
     relevance to the Occupational Safety and Health Act. 
     Similarly, the incorporation by reference of part 1910, 29 
     CFR, is not intended to include any reference to the 
     Assistant Secretary of Labor and the authorities of the 
     Assistant Secretary. The authority to adopt, promulgate, and 
     amend or revoke standards applicable to covered employment 
     under the CAA rests with the Board of Directors of the Office 
     of Compliance pursuant to sections 215(d) and 304 of the CAA. 
     Notwithstanding anything to the contrary contained in the 
     incorporated standards, the exclusive means for enforcement 
     of these standards with respect to covered employment are the 
     procedures and remedies provided for in section 215 of the 
     CAA.
       (c) This part incorporates the referenced safety and health 
     standards in effect as of the effective date of these 
     regulations.
     Sec. 1900.2  Definitions, provisions regarding scope, 
         applicability and coverage, and exemptions.
       (a) Except where inconsistent with the definitions, 
     provisions regarding scope, application and coverage, and 
     exemptions provided in the CAA or other sections of these

[[Page H10717]]

     regulations, the definitions, provisions regarding scope, 
     application and coverage, and exemptions provided in Parts 
     1910 and 1926, 29 CFR, as incorporated into these 
     regulations, shall apply under these regulations. For 
     example, any reference to ``employer'' in Parts 1910 and 1926 
     shall be deemed to refer to ``employing office.'' Similarly, 
     any limitation on coverage in Parts 1910 and 1926 to 
     employers engaged ``in a business that affects commerce'' 
     shall not apply in these regulations.
       (b) The provisions of section 1910.6, 29 CFR, regarding the 
     force and effect of standards of agencies of the U.S. 
     Government and organizations that are not agencies of the 
     U.S. Government, which are incorporated by reference in Part 
     1910, shall apply to the standards incorporated into these 
     regulations.
       (c) It is the Board's intent that the standards adopted in 
     these regulations shall have the same force and effect as 
     applied to covered employing offices and employees under 
     section 215 of the CAA as those standards have when applied 
     by OSHA to employers, employees, and places of employment 
     under the jurisdiction of OSHA and the OSHAct.
     Sec. 1900.3  Adoption of occupational safety and health 
         standards.
       (a) Part 1910 Standards. The standards prescribed in 29 CFR 
     part 1910, Subparts B through S, and Subpart Z, as 
     specifically referenced and set forth herein at Appendix A, 
     are adopted as occupational safety and health standards under 
     Section 215(d) of the CAA and shall apply, according to the 
     provisions thereof, to every employment and place of 
     employment of every covered employee engaged in work in an 
     employing office. Each employing office shall protect the 
     employment and places of employment of each of its covered 
     employees by complying with the appropriate standards 
     described in this paragraph.
        (b) Part 1926 Standards. The standards prescribed in 29 
     CFR part 1926, Subparts C through X and Subpart Z, as 
     specifically referenced and forth herein at Appendix B, are 
     adopted as occupational safety and health standards under 
     Section 215(d) of the CAA and shall apply, according to the 
     provisions thereof, to every employment and place of 
     employment of every covered employee engaged in work in an 
     employing office. Each employing office shall protect the 
     employment and places of employment of each of its covered 
     employees by complying with the appropriate standards 
     described in this paragraph.
       (c) Standards not adopted. This section adopts as 
     occupational safety and health standards under section 215(d) 
     of the CAA the standards which are prescribed in Parts 1910 
     and 1926 of 29 CFR. Thus, the standards (substantive rules) 
     published in subparts B through S and Z of part 1910 and 
     subparts C through X and Z of part 1926 are applied. As set 
     forth in Appendix A and Appendix B to this Part, this section 
     does not incorporate all sections contained in these 
     subparts. For example, this section does not incorporate 
     sections 1910.15, 1910.16, and 1910.142, relating to shipyard 
     employment, longshoring and marine terminals, and temporary 
     labor camps, because such provisions have no application to 
     employment within entities covered by the CAA.
       (d) Copies of the standards which are incorporated by 
     reference may be examined at the Office of Compliance, Room 
     LA 200, 110 Second Street, S.E., Washington, D.C. 20540-1999. 
     The OSHA standards may also be found at 29 CFR Parts 1910 and 
     1926. Copies of the standards may also be examined at the 
     national office of the Occupational Safety and Health 
     Administration, U.S. Department of Labor, Washington, D.C. 
     20210, and their regional offices. Copies of private 
     standards may be obtained from the issuing organizations. 
     Their names and addresses are listed in the pertinent 
     subparts of Parts 1910 and 1926, 29 CFR.
        (e) Any changes in the standards incorporated by reference 
     in the portions of Parts 1910 and 1926, 29 CFR, adopted 
     herein and an official historic file of such changes are 
     available for inspection at the national office of the 
     Occupational Safety and Health Administration, U.S. 
     Department of Labor, Washington, D.C. 20210.

 Appendix A To Part 1900--References to Sections of Part 1910, 29 CFR, 
   Adopted as Occupational Safety and Health Standards Under Section 
                           215(d) of the CAA

       The following is a reference listing of the sections and 
     subparts of Part 1910, 29 CFR, which are adopted as 
     occupational safety and health standards under section 215(d) 
     of the Congressional Accountability Act. Unless otherwise 
     specifically noted, any reference to a section number 
     includes any appendices to that section.

          Part 1910--Occupational Safety and Health Standards

   Subpart B--Adoption and Extension of Established Federal Standards

     Sec.
     1910.12  Construction work.
     1910.18  Changes in established Federal standards.
     1910.19  Special provisions for air contaminants.

       Subpart C--General Safety and Health Provisions [Reserved]

                  Subpart D--Walking--Working Surfaces

     1910.21  Definitions.
     1910.22  General requirements.
     1910.23  Guarding floor and wall openings and holes.
     1910.24  Fixed industrial stairs.
     1910.25  Portable wood ladders.
     1910.26  Portable metal ladders.
     1910.27  Fixed ladders.
     1910.28  Safety requirements for scaffolding.
     1910.29  Manually propelled mobile ladder stands and 
         scaffolds (towers).
     1910.30  Other working surfaces.

                       Subpart E--Means of Egress

     1910.35  Definitions.
     1910.36  General requirements.
     1910.37  Means of egress, general.
     1910.38  Employee emergency plans and fire prevention plans.
     Appendix To Subpart E--Means Of Egress

   Subpart F--Powered Platforms, Manlifts, and Vehicle-Mounted Work 
                               Platforms

     1910.66  Powered platforms for building maintenance.
     1910.67  Vehicle-mounted elevating and rotating work 
         platforms.
     1910.68  Manlifts.

        Subpart G--Occupational Health and Environmental Control

     1910.94  Ventilation.
     1910.95  Occupational noise exposure.
     1910.97  Nonionizing radiation.

                     Subpart H--Hazardous Materials

     1910.101  Compressed gases (general requirements).
     1910.102  Acetylene.
     1910.103  Hydrogen.
     1910.104  Oxygen.
     1910.105  Nitrous oxide.
     1910.106  Flammable and combustible liquids.
     1910.107  Spray finishing using flammable and combustible 
         materials.
     1910.108  Dip tanks containing flammable or combustible 
         liquids.
     1910.109  Explosives and blasting agents.
     1910.110  Storage and handling of liquefied petroleum gases.
     1910.111  Storage and handling of anhydrous ammonia.
     1910.112  [Reserved]
     1910.113  [Reserved]
     1910.119  Process safety management of highly hazardous 
         chemicals.
     1910.120  Hazardous waste operations and emergency response.

                Subpart I--Personal Protective Equipment

     1910.132  General requirements.
     1910.133  Eye and face protection.
     1910.134  Respiratory protection.
     1910.135  Head protection.
     1910.136  Foot protection.
     1910.137  Electrical protective devices.
     1910.138  Hand Protection.

               Subpart J--General Environmental Controls

     1910.141  Sanitation.
     1910.143  Nonwater carriage disposal systems. [Reserved]
     1910.144  Safety color code for marking physical hazards.
     1910.145  Specifications for accident prevention signs and 
         tags.
     1910.146  Permit-required confined spaces.
     1910.147  The control of hazardous energy (lockout/tagout).

                    Subpart K--Medical and First Aid

     1910.151  Medical services and first aid.
     1910.152  [Reserved]

                       Subpart L--Fire Protection

     1910.155  Scope, application and definitions applicable to 
         this subpart.
     1910.156  Fire brigades.
     Portable Fire Suppression Equipment
     1910.157  Portable fire extinguishers.
     1910.158  Standpipe and hose systems.
     Fixed Fire Suppression Equipment
     1910.159  Automatic sprinkler systems.
     1910.160  Fixed extinguishing systems, general.
     1910.161  Fixed extinguishing systems, dry chemical.
     1910.162  Fixed extinguishing systems, gaseous agent.
     1910.163  Fixed extinguishing systems, water spray and foam.
     Other Fire Protective Systems
     1910.164  Fire detection systems.
     1910.165  Employee alarm systems.
     Appendices To Subpart L
     Appendix A To Subpart L--Fire Protection
     Appendix B To Subpart L--National Consensus Standards
     Appendix C To Subpart L--Fire Protection References For 
         Further Information
     Appendix D To Subpart L--Availability Of Publications 
         Incorporated By Reference In Section 1910.156 Fire 
         Brigades
     Appendix E To Subpart L--Test Methods For Protective Clothing

         Subpart M--Compressed Gas and Compressed Air Equipment

     1910.166  [Reserved]
     1910.167  [Reserved]
     1910.168  [Reserved]
     1910.169  Air receivers.

               Subpart N--Materials Handling and Storage

     1910.176  Handling material--general.
     1910.177  Servicing multi-piece and single piece rim wheels.
     1910.178  Powered industrial trucks.
     1910.179  Overhead and gantry cranes.
     1910.180  Crawler locomotive and truck cranes.
     1910.181  Derricks.
     1910.183  Helicopters.
     1910.184  Slings.

               Subpart O--Machinery and Machine Guarding

     1910.211  Definitions.
     1910.212  General requirements for all machines.
     1910.213  Woodworking machinery requirements.

[[Page H10718]]

     1910.215  Abrasive wheel machinery.
     1910.216  Mills and calenders in the rubber and plastics 
         industries.
     1910.217  Mechanical power presses.
     1910.218  Forging machines.
     1910.219  Mechanical power-transmission apparatus.

    Subpart P--Hand and Portable Powered Tools and Other Hand-Held 
                               Equipment

     1910.241  Definitions.
     1910.242  Hand and portable powered tools and equipment, 
         general.
     1910.243  Guarding of portable powered tools.
     1910.244  Other portable tools and equipment.

                Subpart Q--Welding, Cutting, and Brazing

     1910.251  Definitions.
     1910.252  General requirements.
     1910.253  Oxygen-fuel gas welding and cutting.
     1910.254  Arc welding and cutting.
     1910.255  Resistance welding.

                     Subpart R--Special Industries

     1910.263  Bakery equipment.
     1910.264  Laundry machinery and operations.
     1910.266  Logging operations.
     1910.268  Telecommunications.
     1910.269  Electric power generation, transmission, and 
         distribution.

                         Subpart S--Electrical

     General
     1910.301  Introduction.
     Design Safety Standards For Electrical Systems
     1910.302  Electric utilization systems.
     1910.303  General requirements.
     1910.304  Wiring design and protection.
     1910.305  Wiring methods, components, and equipment for 
         general use.
     1910.306  Specific purpose equipment and installations.
     1910.307  Hazardous (classified) locations.
     1910.308  Special systems.
     1910.309-1910.330  [Reserved]
     Safety-Related Work Practices
     1910.331  Scope.
     1910.332  Training.
     1910.333  Selection and use of work practices.
     1910.334  Use of equipment.
     1910.335  Safeguards for personnel protection.
     1910.336-1910.360  [Reserved]
     Safety-Related Maintenance Requirements
     1910.361-1910.380  [Reserved]
     Safety Requirements For Special Equipment
     1910.381-1910.398  [Reserved]
     Definitions
     1910.399  Definitions applicable to this subpart.
     Appendix A To Subpart S--Reference Documents
     Appendix B To Subpart S--Explanatory Data [Reserved]
     Appendix C To Subpart S--Tables, Notes, And Charts [Reserved]

                        Subparts U-Y [Reserved]

     1910.442-1910.999  [Reserved]

               Subpart Z--Toxic and Hazardous Substances

     1910.1000  Air contaminants.
     1910.1001  Asbestos.
     1910.1002  Coal tar pitch volatiles; interpretation of term.
     1910.1003  13 Carcinogens (4-Nitrobiphenyl, etc.)
     1910.1004  alpha-Naphthylamine.
     1910.1005  [Reserved]
     1910.1006  Methyl chloromethyl ether.
     1910.1007  3,3'-Dichlorobenzidine (and its salts).
     1910.1008  bis-Chloromethyl ether.
     1910.1009  beta-Naphthylamine.
     1910.1010  Benzidine.
     1910.1011  4-Aminodiphenyl.
     1910.1012  Ethyleneimine.
     1910.1013  beta-Propiolactone.
     1910.1014  2-Acetylaminofluorene.
     1910.1015  4-Dimethylaminoazobenzene.
     1910.1016  N-Nitrosodimethylamine.
     1910.1017  Vinyl chloride.
     1910.1018  Inorganic arsenic.
     1910.1020  Access to employee exposure and medical records.
     1910.1025  Lead.
     1910.1027  Cadmium.
     1910.1028  Benzine.
     1910.1029  Coke oven emissions.
     1910.1030  Bloodborne pathogens.
     1910.1043  Cotton dust.
     1910.1044  1,2-dibromo-3-chloropropane.
     1910.1045  Acrylonitrile.
     1910.1047  Ethylene oxide.
     1910.1048  Formaldehyde.
     1910.1050  Methylenedianiline.
     1910.1096  Ionizing radiation.
     1910.1200  Hazard communication.
     1910.1201  Retention of DOT markings, placards and labels.
     1910.1450  Occupational exposure to hazardous chemicals in 
         laboratories.

 Appendix B to Part 1900--References to Sections of Part 1926, 29 CFR, 
   Adopted as Occupational Safety and Health Standards Under Section 
                           215(d) of the CAA

       The following is a reference listing of the sections and 
     subparts of Part 1926, 29 CFR, which are adopted as 
     occupational safety and health standards under section 215(d) 
     of the Congressional Accountability Act. Unless otherwise 
     specifically noted, any reference to a section number 
     includes the appendices to that section.

       Part 1926--Safety and Health Regulations for Construction

              Part C--General Safety and Health Provisions

     Sec.
     1926.20  General safety and health provisions.
     1926.21  Safety training and education.
     1926.22  Recording and reporting of injuries. [Reserved]
     1926.23  First aid and medical attention.
     1926.24  Fire protection and prevention.
     1926.25  Housekeeping.
     1926.26  Illumination.
     1926.27  Sanitation.
     1926.28  Personal protective equipment.
     1926.29  Acceptable certifications.
     1926.31  Incorporation by reference.
     1926.32  Definitions.
     1926.33  Access to employee exposure and medical records.
     1926.34  Means of egress.
     1926.35  Employee emergency action plans.

       Subpart D--Occupational Health and Environmental Controls

     1926.50  Medical services and first aid.
     1926.51  Sanitation.
     1926.52  Occupational noise exposure.
     1926.53  Ionizing radiation.
     1926.54  Nonionizing radiation.
     1926.55  Gases, vapors, fumes, dusts, and mists.
     1926.56  Illumination.
     1926.57  Ventilation.
     1926.58  [Reserved]
     1926.59  Hazard communication.
     1926.60  Methylenedianiline.
     1926.61  Retention of DOT markings, placards and labels.
     1926.62  Lead.
     1926.63  Cadmium (This standard has been redesignated as 
         1926.1127).
     1926.64  Process safety management of highly hazardous 
         chemicals.
     1926.65  Hazardous waste operations and emergency response.
     1926.66  Criteria for design and construction for spray 
         booths.

        Subpart E--Personal Protective and Life Saving Equipment

     1926.95  Criteria for personal protective equipment.
     1926.96  Occupational foot protection.
     1926.97  [Reserved]
     1926.98  [Reserved]
     1926.99  [Reserved]
     1926.100  Head protection.
     1926.101  Hearing protection.
     1926.102  Eye and face protection.
     1926.103  Respiratory protection.
     1926.104  Safety belts, lifelines, and lanyards
     1926.105  Safety nets
     1926.106  Working over or near water.
     1926.107  Definitions applicable to this subpart.

               Subpart F--Fire Protection and Prevention

     1926.150  Fire protection.
     1926.151  Fire prevention.
     1926.152  Flammable and combustible liquids.
     1926.153  Liquefied petroleum gas (LP-Gas).
     1926.154  Temporary heating devices.
     1926.155  Definitions applicable to this subpart.
     1926.156  Fixed extinguishing systems, general.
     1926.157  Fixed extinguishing systems, gaseous agent.
     1926.158  Fire detection systems.
     1926.159  Employee alarm systems.

               Subpart G--Signs, Signals, and Barricades

     1926.200  Accident prevention signs and tags.
     1926.201  Signaling.
     1926.202  Barricades.
     1926.203  Definitions applicable to this subpart.

       Subpart H--Materials Handling, Storage, Use, and Disposal

     1926.250  General requirements for storage.
     1926.251  Rigging equipment for material handling.
     1926.252  Disposal of waste materials.

                    Subpart I--Tools--Hand and Power

     1926.300  General requirements.
     1926.301  Hand tools.
     1926.302  Power operated hand tools.
     1926.303  Abrasive wheels and tools.
     1926.304  Woodworking tools.
     1926.305  Jacks--lever and ratchet, screw and hydraulic.
     1926.306  Air Receivers.
     1926.307  Mechanical power-transmission apparatus.

                     Subpart J--Welding and Cutting

     1926.350  Gas welding and cutting.
     1926.351  Arc welding and cutting.
     1926.352  Fire prevention.
     1926.353  Ventilation and protection in welding, cutting, and 
         heating.
     1926.354  Welding, cutting and heating in way of preservative 
         coatings.

                         Subpart K--Electrical

     General
     1926.400  Introduction.
     1926.401  [Reserved]
     Installation Safety Requirements
     1926.402  Applicability.
     1926.403  General requirements.
     1926.404  Wiring design and protection.
     1926.405  Wiring methods, components, and equipment for 
         general use.
     1926.406  Specific purpose equipment and installations.
     1926.407  Hazardous (classified) locations.
     1926.408  Special systems.
     1926.409-1926.415  [Reserved]
     Safety-Related Work Practices
     1926.416  General requirements.
     1926.417  Lockout and tagging of circuits.
     1926.418-1926.430  [Reserved]
     Safety-Related Maintenance And Environmental Considerations

[[Page H10719]]

     1926.431  Maintenance of equipment.
     1926.432  Environmental deterioration of equipment.
     1926.433-1926.440  [Reserved]
     Safety Requirements For Special Equipment
     1926.441  Battery locations and battery charging.
     1926.442-1926.448  [Reserved]
     Definitions
     1926.449  Definitions applicable to this subpart.

                         Subpart L--Scaffolding

     1926.450  [Reserved]
     1926.451  Scaffolding.
     1926.452  Guardrails, handrails, and covers.
     1926.453  Manually propelled mobile ladder stands and 
         scaffolds (towers).

                       Subpart M--Fall Protection

     1926.500  Scope, application, and definitions applicable to 
         this subpart.
     1926.501  Duty to have fall protection.
     1926.502  Fall protection systems criteria and practices.
     1926.503  Training requirements.
     Appendix A To Subpart M--Determining Roof Widths
     Appendix B To Subpart M--Guardrail Systems
     Appendix C To Subpart M--Personal Fall Arrest Systems
     Appendix D To Subpart M--Positioning Device Systems
     Appendix E To Subpart M--Sample Fall Protection Plans

     Subpart N--Cranes, Derricks, Hoists, Elevators, and Conveyors

     1926.550  Cranes and derricks.
     1926.551  Helicopters.
     1926.552  Material hoists, personnel hoists and elevators.
     1926.553  Base-mounted drum hoists.
     1926.554  Overhead hoists.
     1926.555  Conveyors.
     1926.556  Aerial lifts.

           Subpart O--Motor Vehicles and Mechanized Equipment

     1926.600  Equipment.
     1926.601  Motor vehicles.
     1926.602  Material handling equipment.
     1926.603  Pile driving equipment.
     1926.604  Site clearing.

                         Subpart P--Excavations

     1926.650  Scope, application, and definitions applicable to 
         this subpart.
     1926.651  Specific Excavation Requirements.
     1926.652  Requirements for protective systems.
     Appendix A To Subpart P--Soil Classification
     Appendix B To Subpart P--Sloping And Benching
     Appendix C To Subpart P--Timber Shoring For Trenches
     Appendix D To Subpart P--Aluminum Hydraulic Shoring For 
         Trenches
     Appendix E To Subpart P--Alternatives To Timber Shoring
     Appendix F To Subpart P--Selection Of Protective Systems

              Subpart Q--Concrete and Masonry Construction

     1926.700  Scope, application, and definitions, applicable to 
         this subpart.
     1926.701  General requirements.
     1926.702  Requirements for equipment and tools.
     1926.703  Requirements for cast-in-place concrete.
     1926.704  Requirements for precast concrete.
     1926.705  Requirements for lift-slab construction operations.
     1926.706  Requirements of masonry construction.
     Appendix To Subpart Q--References to Subpart Q of Part 1926

                       Subpart R--Steel Erection

     1926.750  Flooring requirements.
     1926.751  Structural steel assembly.
     1926.752  Bolting, riveting, fitting-up, and plumbing-up.
     1926.753  Safety Nets.

Subpart S--Tunnels and Shafts, Caissons, Cofferdams, and Compressed Air

     1926.800  Underground construction.
     1926.801  Caissons.
     1926.802  Cofferdams.
     1926.803  Compressed air.
     1926.804  Definitions applicable to this subpart.
     Appendix A To Subpart S--Decompression Tables

                         Subpart T--Demolition

     1926.850  Preparatory operations.
     1926.851  Stairs, passageways, and ladders.
     1926.852  Chutes.
     1926.853  Removal of materials through floor openings.
     1926.854  Removal of walls, masonry sections, and chimneys.
     1926.855  Manual removal of floors.
     1926.856  Removal of walls, floors, and material with 
         equipment.
     1926.857  Storage.
     1926.858  Removal of steel construction.
     1926.859  Mechanical demolition.
     1926.860  Selective demolition by explosives.

               Subpart U--Blasting and Use of Explosives

     1926.900  General provisions.
     1926.901  Blaster qualifications.
     1926.902  Surface transportation of explosives.
     1926.903  Underground transportation of explosives.
     1926.904  Storage of explosives and blasting agents.
     1926.905  Loading of explosives or blasting agents.
     1926.906  Initiation of explosive charges--electric blasting.
     1926.907  Use of safety fuse.
     1926.908  Use of detonating cord.
     1926.909  Firing the blast.
     1926.910  Inspection after blasting.
     1926.911  Misfires.
     1926.912  Underwater blasting.
     1926.913  Blasting in excavation work under compressed air.
     1926.914  Definitions applicable to this subpart.

             Subpart V--Power Transmission and Distribution

     1926.950  General requirements.
     1926.951  Tools and protective equipment.
     1926.952  Mechanical equipment.
     1926.953  Material handling.
     1926.954  Grounding for protection of employees.
     1926.955  Overhead lines.
     1926.956  Underground lines.
     1926.957  Construction in energized substations.
     1926.958  External load helicopters.
     1926.959  Lineman's body belts, safety straps, and lanyards.
     1926.960  Definitions applicable to this subpart.

     Subpart W--Rollover Protective Structures; Overhead Protection

     1926.1000  Rollover protective structures (ROPS) for material 
         handling equipment.
     1926.1001  Minimum performance criteria for rollover 
         protective structures for designated scrapers, loaders, 
         dozers, graders, and crawler tractors.
     1926.1002  Protective frame (ROPS) test procedures and 
         performance requirements for wheel-type agricultural and 
         industrial tractors used in construction.
     1926.1003  Overhead protection for operators of agricultural 
         and industrial tractors.

                    Subpart X--Stairways and Ladders

     1926.1050  Scope, application, and definitions applicable to 
         this subpart.
     1926.1051  General Requirements.
     1926.1052  Stairways.
     1926.1053  Ladders.
     1926.1054-1926.1059  [Reserved]
     1926.1060  Training Requirements
     Appendix A To Subpart X--Ladders

               Subpart Z--Toxic and Hazardous Substances

     1926.1100  [Reserved]
     1926.1101  Asbestos
     1926.1102  Coal tar pitch volatiles; interpretation of term.
     1926.1103  4-Nitrobiphenyl.
     1926.1104  alpha-Naphthylamine.
     1926.1105  [Reserved]
     1926.1106  Methyl chloromethyl ether.
     1926.1107  3.3'-Dichlorobenzidine (and its salts).
     1926.1108  bis-Chloromethyl ether.
     1926.1109  beta-Naphthylamine.
     1926.1110  Benzidine.
     1926.1111  4-Aminodiphenyl.
     1926.1112  Ethyleneimine.
     1926.1113  beta-Propiolactone.
     1926.1114  2-Acetylaminofluorene.
     1926.1115  4-Dimethylaminoazobenzene.
     1926.1116  N-Nitrosodimethylamine.
     1926.1117  Vinyl chloride.
     1926.1118  Inorganic arsenic.
     1926.1127  Cadmium.
     1926.1128  Benzene.
     1926.1129  Coke oven emissions.
     1926.1144  1,2-dibromo-3-chloropropane.
     1926.1145  Acrylonitrile.
     1926.1147  Ethylene oxide.
     1926.1148  Formaldehyde.
     Appendix A To Part 1926--Designations for General Industry 
         Standards

                          ____________________