[Congressional Record Volume 143, Number 2 (Thursday, January 9, 1997)]
[House]
[Pages H103-H135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   NOTICE OF ADOPTION OF REGULATIONS

                                                    U.S. Congress,


                                         Office of Compliance,

                                Washington, DC, December 20, 1996.
     Hon. Newt Gingrich,
     Speaker of the House, U.S. 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 adoption of regulations, 
     together with a copy of the regulations for publication in 
     the Congressional Record. The adopted regulations are being 
     issued pursuant to Section 210(e).
       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.
       Enclosure

[[Page H104]]

  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 ADOPTION OF REGULATION AND SUBMISSION FOR APPROVAL

       Summary: The Board of Directors, Office of Compliance, 
     after considering comments to its Notice of Proposed 
     Rulemaking published September 19, 1996, in the Congressional 
     Record, has adopted, and is submitting for approval by the 
     Congress, final regulations implementing section 210 of the 
     Congressional Accountability Act of 1995 (``CAA'').
       For Further Information Contact: Executive Director, Office 
     of Compliance, Room LA 200, Library of Congress, Washington, 
     DC 20540-1999. Telephone: (202) 724-9250. TDD: (202) 426-
     1912.


                       SUPPLEMENTARY INFORMATION

                         Background and Summary

       The Congressional Accountability Act of 1995 (``CAA''), 
     P.L. 104-1, was enacted into law on January 23, 1995. 2 
     U.S.C. Sec. Sec. 1301 et seq. In general, the CAA applies the 
     rights and protections of eleven federal labor and employment 
     statutes to covered employees and 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 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 specified Legislative Branch 
     entities. 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 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).
       On September 19, 1996, the Board published in the 
     Congressional Record a Notice of Proposed Rulemaking 
     (``NPR'') (142 Cong. Rec. S11019 (daily ed., Sept. 19, 
     1996)). In response to the NPR, the Board received three 
     written comments.\1\ After full consideration of the comments 
     received in response to the proposed regulations, the Board 
     has adopted and is submitting these regulations for approval 
     by the Congress.
---------------------------------------------------------------------------
     \1\ One of these commenters made no comments regarding any 
     specific portion of the proposed rules, except to encourage 
     the Board to ensure that the anti-retaliation provisions of 
     section 207 of the CAA are applied to the statutory and 
     regulatory proceedings under section 210. As the Board noted 
     in the NPR, although section 207 provides a comprehensive 
     retaliation protection for employees (including applicants 
     and former employees who may invoke their rights under 
     section 210), section 207 does not apply to nonemployees who 
     may enjoy rights and protections against discrimination under 
     section 210.
---------------------------------------------------------------------------

             I. Summary of Comments and Board's Final Rules

            A. Request for Additional Rulemaking Proceedings

       One commenter requested that the Board withdraw its 
     proposed regulations and engage in what it termed 
     ``investigative rulemaking,'' which apparently is to include 
     discussions with involved parties regarding the nature and 
     scope of the regulations. This request was also made by the 
     commenter regarding the proposed rules under section 215, 
     which the Board has discussed in the preamble to the final 
     rules submitted concurrently with these rules. The Board 
     determines that further rulemaking proceedings are not 
     required for the reasons set forth in the preamble to the 
     final rules under section 215.

 B. Specific Issues Regarding Adoption of the Attorney General's Title 
                             II Regulations

       1. Self-evaluation, notice, and designation of responsible 
     employee and adoption of grievance provisions (sections 
     35.105, 35.106, and 35.107).
       The Board proposed adoption of the Attorney General's 
     regulations at sections 35.106 through 35.107, which require 
     covered entities to conduct a self-evaluation of their 
     facilities for compliance with disability access requirements 
     and to provide notice to individuals informing them of their 
     rights and protections under the ADA and, for entities that 
     employ 50 or more employees, to maintain the self-evaluation 
     on file and available for inspection for three years, 
     designate a responsible employee, and adopt a grievance 
     procedure.
       One commenter argued that, although these sections are 
     within the scope of regulations to be adopted under section 
     210(e), there is ``good cause'' not to adopt the self-
     evaluation requirements of section 35.105. In the commenter's 
     view, the General Counsel's inspections under section 210(f) 
     of the CAA serve the same purpose as the self-evaluation 
     under section 35.105 of the Attorney General's regulations. 
     The Board does not agree.
       In order to modify an adopted regulation, the Board must 
     have good cause to believe that the modification would be 
     ``more effective'' for the implementation of the rights and 
     responsibilities under section 210. 2 U.S.C. Sec. 1331. That 
     a regulatory requirement may arguably serve the same purpose 
     as other statutory requirements of the CAA does not establish 
     that its elimination would result in a ``more effective'' 
     implementation of section 210 rights and protections.
       On the contrary, requiring entities to conduct a self-
     evaluation after January 1, 1997 (the effective date of 
     section 210), and requiring larger entities to retain a 
     record of that self-evaluation, would likely assist the 
     General Counsel in conducting the section 210(f) inspections 
     for the 105th Congress in an expeditious manner. Moreover, it 
     is conceivable that a self-evaluation might reveal 
     information or raise accessibility issues that may not arise 
     from the General Counsel's inspections. Thus, in the Board's 
     view, requiring entities to proactively investigate their 
     facilities and activities for compliance, rather than placing 
     sole reliance on the General Counsel's inspections, would 
     enhance overall compliance with section 210. Because there is 
     no ``good cause'' to modify section 35.105, the Board adopts 
     it, as proposed in the NPR.
       2. Employment discrimination provisions (section 35.140).
       The Board proposed adoption of the employment 
     discrimination provisions of section 35.140 as part of its 
     regulations under section 210(e) of the CAA. But the Board 
     also proposed to add a statement that, pursuant to section 
     210(c) of the CAA, section 201 provided the exclusive remedy 
     for any such act of employment discrimination.
       Two commenters recommended that the Board not adopt section 
     35.140. One commenter argued that section 35.140 implements 
     title I of the ADA (which is not incorporated into section 
     210 of the CAA). The two commenters also argued that the 
     Board's adoption of section 35.140 might be misinterpreted as 
     an adoption of the ADA regulations of the Equal Employment 
     Opportunity Commission (``EEOC'') and, therefore, constitute 
     improper executive branch enforcement of the CAA.
       The Board has carefully considered these comments and, 
     after doing so, has determined that adoption of section 
     35.140, as proposed, is appropriate. Contrary to the 
     commenter's statement, section 35.140 was promulgated by the 
     Attorney General to implement title II of the ADA, which the 
     Attorney General has 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). 
     Accordingly, since section 35.140 implements a provision of 
     title II of the ADA that is made applicable to covered 
     entities under section 210(b) of the CAA, it is within the 
     scope of Board rulemaking authority and mandate under section 
     210(e) of the CAA.
       The EEOC's ADA regulations referenced in section 35.140 are 
     effective only insofar as such regulations are relevant to a 
     covered employee's claim under title II of the ADA, as 
     applied by section 210. By adopting section 35.140, the Board 
     does not intend to establish rights or provide substantive 
     legal rules applicable to any claim under title I of the ADA, 
     as applied by section 201 of the ADA; however, the Board 
     recognizes that this distinction between titles I and II of 
     the ADA may, as a practical matter, be blurred since both 
     types of claims might conceivably be brought in a single 
     employment discrimination case under section 201 of the CAA. 
     Moreover, adoption of section 35.106 would not constitute 
     executive branch enforcement since any claim (and the 
     resulting interpretation of the law thereof) would be in a 
     proceeding under section 201 of the CAA before the hearing 
     officer of the Office and/or before the Board.
       Accordingly, section 35.106 will be included within the 
     Board's final regulations.
       3. Substitution of the terms ``disability'' for handicaps'' 
     and ``TTY's'' for ``TDD's'' (sections 35.150, and sections 
     35.104 and 35.161).
       The Board will substitute the term ``disability'' for 
     ``handicap'' in section 35.150(b)(2)(ii) of the regulations, 
     as recommended by a commenter.
       In sections 35.104 and 35.161 and elsewhere in the proposed 
     regulations, the Board substituted the term ``text 
     telephones'' (``TTY's'') for ``telecommunication devices for 
     the deaf' (``TDD's''), which was used in the text of the 
     regulations. The Board will use the terms used by the 
     Attorney General in the regulations, as recommended by one 
     commenter.
       4. Subpart F (Compliance Procedures).
       In the NPR, the Board determined that Subpart F, which sets 
     forth administrative enforcement procedures under title II of 
     the ADA, implements provisions of the ADA which are applied 
     by section 210(b) of the

[[Page H105]]

     CAA and, therefore, is within the Board's rulemaking 
     authority under section 210(e)(2). The Board expressed its 
     intention to adopt Subpart F as regulations under section 
     210(e), but also to incorporate those provisions into the 
     Office's procedural rules, with appropriate modification to 
     conform to section 210 and preexisting provisions of the 
     Office's procedural rules.
       Two commenters have requested that the provisions of 
     Subpart F, with the Board's intended modifications to conform 
     to the statute, be included within the Board's regulations 
     herein so that the text of these regulations may be 
     considered and approved by the Congress. As the Board 
     determined in the NPR, Subpart F is within the scope of 
     rulemaking under section 210(e). Moreover, the provisions of 
     Subpart F apply only to claims under section 210 of the CAA 
     and are in no way duplicative of other procedures already 
     adopted under section 303 of the CAA. Accordingly, the final 
     regulations include Subpart F, with appropriate modification 
     to conform to the statutory procedures of section 210(e). The 
     Board will renumber Subpart F as new Part 2 of the final 
     regulations to make clear that such procedures govern 
     proceedings under section 210, including those brought under 
     title II or title III. There is ``good cause'' to have one 
     set of procedures governing claims under section 210.

     C. Specific Issues Regarding the Attorney General's Title III 
                              Regulations

       1. Section 36.104 (Defintions).
       One commenter recommended that the definition of ``place of 
     public accommodation'' in proposed section 36.104, which 
     lists the kinds of facilities or activities that may meet the 
     definition, delete references to terms such as ``inn,'' 
     ``hotel,'' ``motel,'' ``motion picture house,'' etc., since 
     such facilities do not exist within the Legislative Branch. 
     But the definition of ``place of public accommodation'' 
     contained in section 36.104 tracks the statutory language of 
     section 301(7) of the ADA. The terms used in section 36.104 
     are merely representative examples of the types of facilities 
     that fall within the 12 categories of ``places of public 
     accommodation'' in the statute. See 56 Fed. Reg. at 7458 
     (preamble to Attorney General's title III regulations). The 
     Board finds no basis for concluding that deletion of these 
     references would be ``more effective'' for the implementation 
     of title II to cover entities. Accordingly, the Board will 
     not alter this definition.
       2. Section 36.207 (Places of public accommodation in 
     private residences).
       The Board proposed adoption of section 36.207 of the 
     Attorney General's title III regulations, which deal with the 
     situation where all or part of a residence may be used as a 
     place of public accommodation. One commenter requested that 
     the Board exempt House Members' residences from this 
     regulation because, in the commenter's view, it would be 
     unnecessary and burdensome for a Member, potentially in 
     office for only two years, to be required to incur large 
     financial expenses in making modifications to his/her home to 
     comply with section 210.
       The commenter's concern is apparently based on the 
     erroneous assumption that compliance with section 210 would, 
     in all cases, require a Member using his/her residence as a 
     District Office to make expensive and extensive physical 
     alterations in the residence to meet the law's requirements. 
     On the contrary, as the General Counsel made clear in his 
     Report to the Congress on compliance with section 210, 
     ``[a]lthough it is sometimes the case that accessibility 
     requires barrier removal as the only effective option, most 
     covered entities can meet ADA requirements by modifying the 
     way their programs are operated to ensure that individuals 
     with disabilities may have access to them.'' General 
     Counsel's Report at p. 5. Moreover, to the Board's knowledge, 
     no Member is required to use his/her residence as a location 
     for the Member's public activity. Thus, one option for that 
     Member would be to locate his/her public activity (the 
     District Office, constituent meetings, public gatherings, 
     etc.) in a separate office or other appropriate facility. 
     Still other compliance options in this context (including 
     technical assistance to meet accessibility standards) may 
     be acceptable to the General Counsel, who has enforcement 
     authority regarding compliance under section 210.
       In any event, the Board may not entertain a request to 
     exempt any entity by regulation from the coverage of the CAA, 
     in whole or in part, without statutory authorization. Nothing 
     in section 210, the provisions of the ADA applied thereunder, 
     or the Attorney General's regulations adopted by the Board, 
     authorizes the Board to provide regulatory exemptions from 
     the public accommodations accessibility requirements. See 
     White v. INS, 75 F.3d 213, 215 (5th Cir. 1996) (agency cannot 
     promulgate even substantive rules that are contrary to 
     statute).
       The Board also declines the commenter's suggestion that the 
     Board modify section 35.207 to impose section 210 
     requirements only if the Member uses the home as a public 
     accommodation ``regularly or on a day-to-day basis.'' If an 
     entity's facility or activity constitutes a ``place of public 
     accommodations'' under the provisions of title III of the 
     ADA, as applied by section 210 of the CAA, the duty to meet 
     accessibility requirements applies, regardless of whether the 
     operator of the public accommodation maintains the 
     accommodation on a permanent, temporary, seasonal, or 
     intermittent basis. Under the statute, once the conditions of 
     coverage are met, the obligation to ensure accessibility 
     attaches so long as the portion of the facility at issue 
     continues to constitute a ``place of public accommodation.'' 
     This statutory requirement cannot be altered by the Board.
       3. Section 36.305(c) (Access to Multiplex Cinemas).
       The Board will delete proposed section 36.305(c) (relating 
     to accessibility standards for multiplex cinemas) from its 
     final regulations, as recommended by two commenters, because 
     it does not appear to have any conceivable applicability to 
     facilities in the Legislative Branch.
       4. Capitol buildings and grounds as historical properties.
       One commenter has requested that the Board issue 
     regulations declaring the Capitol Buildings and grounds as 
     historical properties for section 210 purposes, based on 
     statutes the commenter contends establish the recognition of 
     the historic nature of such properties by Congress. See, 
     e.g., 40 U.S.C. Sec. Sec. 71a, 162-63. However, neither 
     section 210 of the CAA, the provisions of the ADA applied 
     thereunder, nor the Attorney General's regulations adopted by 
     the Board authorizes the Board to declare in its regulations 
     any particular properties as historic. The historic nature of 
     such properties, if relevant in a proceeding under section 
     210, may be raised and established by the appropriate 
     responding entity before the General Counsel in an 
     investigatory proceeding and/or before the hearing officer or 
     the Board in an appropriate adjudicatory proceeding.

        D. Future Changes in Text of Disability Access Standards

       The commenters generally agreed with the Board's proposed 
     approach regarding future changes in the regulations of the 
     Attorney General and/or the Secretary of Transportation. 
     However, one commenter suggested that the Board expressly 
     state the manner and frequency by which it and the Office 
     plan to inform covered entities and employees of such changes 
     in such rules and materials. As stated in the NPR, the Board 
     will make any changes in the regulations under the procedures 
     of section 304 of the CAA. Those changes will be made as 
     frequently as needed and it is impossible in the abstract for 
     the Board to establish a pre-set schedule under which as yet 
     unanticipated and unknown changes to regulations will be 
     made.
       One commenter expressed concern that the Board not make 
     changes to any external documents or standards without 
     following the rulemaking procedures of section 304 of the 
     CAA. The Board agrees that any changes to the regulations 
     themselves should be subject to ordinary rulemaking 
     procedures under section 304. However, adoption of changes 
     to the text of external documents, such as the ADA 
     Accessibility Guidelines for Buildings and Facilities 
     included as an appendix to the Attorney General's part 36 
     regulations, should not be subject to notice and comment 
     under section 304 unless the Attorney General makes 
     changes to such external documents pursuant to a notice 
     and comment procedures of the APA. Where changes in those 
     standards are adopted by the Attorney General without 
     notice and comment under the Administrative Procedure Act, 
     such changes are not within the Board's definition of 
     ``substantive regulations to implement'' the ADA and thus 
     the notice and comment procedures would not be required to 
     make such changes under the CAA. See 142 Cong. Rec. at 
     S11020. Of course, if changes in the appendices and other 
     external documents are made by the Attorney General 
     pursuant to the notice and comment procedures of the APA, 
     the Board would likewise be required to follow the 
     procedures of section 304 of the CAA to adopt those 
     changes.

                 E. Technical and nomenclature changes

       One commenter has suggested a number of technical and 
     nomenclature changes to the text of the proposed regulations. 
     The Board has considered each of the suggested changes and, 
     where appropriate, incorporated them into the final 
     regulations. However, unless otherwise expressly stated, by 
     making such changes, the Board does not intend a substantive 
     change in the meaning of the regulations.\2\
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     \2\ An example of one technical or nomenclature change that 
     the Board does not adopt is the suggestion that the term 
     ``public'' be deleted from proposed section 35.102(a) 
     (modifying ``services, programs, or activities''), since it 
     does not appear in the text of the Attorney General's 
     regulations. However, in contrast to title II of the ADA, 
     which applies to all activities of a covered public entity 
     (whether public or nonpublic), section 210(b)(2) makes clear 
     that a legislative Branch entity is a defined covered entity 
     if it ``provides public services, programs, or activities.'' 
     Thus, the addition of the term ``public'' in proposed section 
     35.102(a) is a ``technical'' change in the Attorney General's 
     regulations required by the language of section 210(b) of the 
     CAA.
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                         II. METHOD OF APPROVAL

       The Board received no comments on the method of approval 
     for these regulations. Therefore, the Board continues to 
     recommend that (1) the version of the proposed regulations 
     that shall apply to the Senate and employees of the Senate 
     should 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 should 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 entities should be approved by the Congress by 
     concurrent resolution.

[[Page H106]]

       Signed at Washington, D.C. on this 20th day of December, 
     1996.

                                                Glen D. Nager,

                                               Chair of the Board,
                                             Office of Compliance.
       Accordingly, the Board of Directors of the Office of 
     Compliance hereby adopts and submits for approval by the 
     Congress the following regulations:

                          Adopted Regulations

      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  Notice of protection
1.104  Authority of the Board
1.105  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 provisions of the Americans With 
     Disabilities Act of 1990 (42 U.S.C. Sec. Sec. 12131-12150, 
     12182, 12183, and 12189) 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 incorporated provisions of 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 
     regulations, 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 purpose 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 those 
     provisions of Title II of the ADA (sections 210 through 230), 
     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 
     those provisions of Title III of the ADA (sections 302, 303, 
     and 309) 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 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

[[Page H107]]

     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 2--investigation and enforcement procedures

       Sec.
       2.101  Charge filed with the General Counsel
       2.102  Service of charge or notice of charge
       2.103  Investigations by the General Counsel
       2.104  Mediation
       2.105  Dismissal of charge
       2.106  Complaint by the General Counsel
       2.107  Settlement of complaints
       2.108  Compliance date
     Sec. 2.101  Charge filed with the General Counsel.
       (a) Who may file.
       (1) Any qualified individual with a disability, as defined 
     in section 201(2) of the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12131(2)), as applied by section 210 of the 
     CAA and section 35.104 of the Board's regulations thereunder, 
     who believes that he or she has been subjected to 
     discrimination on the basis of a disability in violation of 
     section 210 of the CAA by a covered entity, may file a charge 
     against any entity responsible for correcting the violation 
     with the General Counsel. A charge may not be filed under 
     section 210 of the CAA by a covered employee alleging 
     employment discrimination on the basis of disability; the 
     exclusive remedy for such discrimination are the procedures 
     under section 201 of the CAA and subpart B of the Office's 
     procedural rules.
       (b) When to file. A charge under this section must be filed 
     with the General Counsel not later than 180 days from the 
     date of the alleged discrimination.
       (c) Form and Contents. A charge shall be written or typed 
     on a charge form available from the Office. All charges shall 
     be signed and verified by the qualified individual with a 
     disability (hereinafter referred to as the ``charging 
     party''), or his or her representative, and shall contain the 
     following information:
       (i) the full name, mailing address, and telephone number(s) 
     of the charging party;
       (ii) the name, address, and telephone number of the covered 
     entit(ies) against which the charge is brought, if known 
     (hereinafter referred to as the ``respondent'');
       (iii) the name(s) and title(s) of the individual(s), if 
     known, involved in the conduct that the charging party claims 
     is a violation of section 210 and/or the location and 
     description of the places or conditions within covered 
     facilities that the charging party claims is a violation of 
     section 210;
       (iv) a description of the conduct, locations, or conditions 
     that form the basis of the charge, and a brief description of 
     why the charging party believes the conduct, locations, or 
     conditions is a violation of section 210; and
       (v) the name, address, and telephone number of the 
     representative, if any, who will act on behalf of the 
     charging party.
     Sec. 2.102  Service of charge or notice of charge
       Within ten (10) days after the filing of a charge with the 
     General Counsel's Office (excluding weekends or holidays), 
     the General Counsel shall serve the respondent with a copy of 
     the charge, by certified mail, return receipt requested, or 
     in person, except when it is determined that providing a copy 
     of the charge would impede the law enforcement functions of 
     the General Counsel. Where a copy of the charge is not 
     provided, the respondent will be served with a notice of the 
     charge within ten (10) days after the filing of the charge. 
     The notice shall include the date, place and circumstances of 
     the alleged violation of section 210. Where appropriate, the 
     notice may include the identify of the person filing the 
     charge.
     Sec. 2.103  Investigations by the General Counsel
       The General Counsel or the General Counsel's designated 
     representative shall promptly investigate each complaint 
     alleging violations of section 210 of the CAA. As part of the 
     investigation, the General Counsel will accept any statement 
     of position or evidence with respect to the charge which the 
     charging party or the respondent wishes to submit. The 
     General Counsel will use other methods to investigate the 
     charge, as appropriate.
     Sec. 2.104  Mediation
       If, upon investigation, the General Counsel believes that a 
     violation of section 210 may have occurred and that mediation 
     may be helpful in resolving the dispute, the General Counsel 
     may request, but not participate in, mediation under 
     subsections (b) through (d) of section 403 of the CAA and the 
     Office's procedural rules thereunder, between the charging 
     party and any entity responsible for correcting the alleged 
     violation.
     Sec. 2.105  Dismissal of charge
       Where the General Counsel determines that a complaint will 
     not be filed, the General Counsel shall dismiss the charge.
     Sec. 2.106  Complaint by the General Counsel
       (a) After completing the investigation, and where mediation 
     under section 2.104, if any, has not succeeded in resolving 
     the dispute, and where the General Counsel has not settled or 
     dismissed the charge, and if the General Counsel believes 
     that a violation of section 210 may have occurred, the 
     General Counsel may file with the Office a complaint against 
     any entity responsible for correcting the violation.
       (b) The complaint filed by the General Counsel under 
     subsection (a) shall be submitted to a hearing officer for 
     decision pursuant to subsections (b) through (h) of section 
     405 of the CAA. Any person who has filed a charge under 
     section 2.101 of these rules may intervene as of right with 
     the full rights of a party. The procedures of sections 405 
     through 407 of the CAA and the Office's procedural rules 
     thereunder shall apply to hearings and related proceedings 
     under this subpart.
     Sec. 2.107  Settlement of Complaints
       Any settlement entered into by the parties to any process 
     described in this subpart shall be in writing and not become 
     effective unless it is approved by the Executive Director 
     under section 414 of the CAA and the Office's procedural 
     rules thereunder.
     Sec. 2.108  Compliance Date
       In any proceedings under this section, if it is 
     demonstrated by the entity responsible for correcting the 
     violation of a violation of section 210, compliance shall 
     take place as soon as possible, but not later than the fiscal 
     year following the end of the fiscal year in which the order 
     requiring correction becomes final and not subject to further 
     review.


    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  Telecommunication devices for the deaf (TDD'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.

[[Page H108]]

       (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 (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, telecommunications 
     devices for deaf persons (TDD'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 pysical 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 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.
       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.

[[Page H109]]

     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 entity 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, 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.

[[Page H110]]

     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 
     disabilities 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.
     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  Telecommunications devices for the deaf (TDD's).
       Where a public entity communicates by telephone with 
     applicants and beneficiaries, TDD's or equally effective 
     telecommunication systems shall be used to communicate with 
     individuals with impaired hearing or speech.
     Sec. 36.162  Telephone emergency services.
       Telephone emergency services, including 911 services, shall 
     provide direct access to individuals who use TDD'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

[[Page H111]]

     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, 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.
       Covered entity means any entity listed in section 210(a) of 
     the CAA insofar as it 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 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 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) Tranvestism, 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.
       Drugs 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 take 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;

[[Page H112]]

       (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 (2) 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 operations, 
     including crime prevention measures; or the impact otherwise 
     of the action upon the operation of the site;
       (3) The geographic separateness, and the administrative of 
     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.
       No individual shall be discriminated against on the basis 
     of disability in the full and equal employment 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.
       (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

[[Page H113]]

     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 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. 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.
       (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, 
     telecommunications devices for deaf persons (TDD'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) Telecommunication devices for the deaf (TDD'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 TDD 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 TDD 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 in 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

[[Page H114]]

     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)(l) 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, railing, 
     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 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.
       (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.
     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 good, 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 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 an adaptation of the manner in which the 
     examination is given.

[[Page H115]]

       (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 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 that 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 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

[[Page H116]]

     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 
     telecommunications device for deaf persons (TDD);
       (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 area 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 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 alternations.
       (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):       1,2,3,4.1.1.
                                   public
                                   accommodations.
                                  36.102(c):          ..................
                                   commercial
                                   facilities.
                                  36.102(e): public   ..................
                                   entities.
                                  36.103 (other       ..................
                                   laws)
                                  36.401 (``for       ..................
                                   first
                                   occupancy'').
                                  36.402(a)(alterati  ..................
                                   ons).
Definitions.....................  36.104: facility,   3.5 Definitions,
                                   place of public     including;
                                   accommodation,      addition,
                                   public              alteration,
                                   accommodation,      building,
                                   public entity.      element,
                                                       facility, space,
                                                       story.
                                  36.401(d)(1)(i),    4.1.6(i),
                                   36.404(a)(1):       technical
                                   professional        infeasibility.
                                   office 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; Disproportion-
 ality..
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.
Facilities......................  ..................  6.
Business and Mercantile.........  ..................  7.
Libraries.......................  ..................  8.
Transient Lodging (Hotels,        ..................  9.
 Homeless Shelters, Etc.).
Transportation Facilities.......  ..................  10.
------------------------------------------------------------------------


[[Page H117]]

     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.
37.63-3769  [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.
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-
     4238).
       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 avaiable 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

[[Page H118]]

     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 
     retardiation, 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) Transvertism, 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, specific 
     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:
       (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

[[Page H119]]

     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 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(I) 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 
     facilitations. 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, 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) Determination 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. 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 to 
     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 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

[[Page H120]]

     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. 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, 
     telephone 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 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 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] elevator 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) Alternations made to provide an accessible path to 
     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 areas 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 the 
     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 
     alternation 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 
     alternation at issue shall be considered in determining if 
     the cost of providing accessible features in 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,

[[Page H121]]

     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 alternations 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.
       (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 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 life-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

[[Page H122]]

     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 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. 37.10  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.

[[Page H123]]

     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 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 of 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.

[[Page H124]]

       (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 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 \3/4\ of a mile around 
     each station.
       (ii) At end stations and other stations in outlying areas, 
     the entity may designate circles with radii of up to 1\1/2\ 
     miles as part of its service area, based on local 
     circumstances.
       (3) Jurisdictional Boundaries. Notwithstanding any other 
     provision of this paragraph, an entity is not required to 
     provide paratransit service in an area outside the boundaries 
     of the jurisdiction(s) in which it operates, if the entity 
     does not have legal authority to operate in that area. The 
     entity shall take all practicable steps to provide 
     paratransit service to any part of its service area.
       (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

[[Page H125]]

     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 public, 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;
       (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;

[[Page H126]]

       (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 coordinate 
     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 for 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 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 paratansit 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

[[Page H127]]

     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.
       (3) 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.
       (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 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.
       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 sued to determine if the entity is 
     providing equivalent service.

[[Page H128]]

     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
     ________________________
     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  Prority 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 to 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 procedures 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, explanation, 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 as 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 should 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

[[Page H129]]

     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 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 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 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 \5/8\ 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 \1/8\ 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

[[Page H130]]

     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. (See Fig. 2)
       (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.
       (b) 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, 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 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 lights(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.

[[Page H131]]

       (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 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 constructions 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.

[[Page H132]]

     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 wheelchairs 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 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 
     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 life 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 off 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

[[Page H133]]

     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\1/1/2\ 
     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 of 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 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].
     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. Hardrails 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 compartment, handrails 
     or stanchions shall be sufficient to permit safe on-board 
     circulation, seating and standing assistance, and alighting 
     by person with disabilities.
     Sec. 38.157  Lighting.
       (a) Any stepwell or doorway immediately adjacent to the 
     drive 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 existing 
     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

[[Page H134]]

     affect accessibility, each such portions 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 platform are not protected by 
     platform screens, a suitable devices 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 subpart 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 unit shall comply with 
     Sec. Sec. 38.23(b) or (c) and shall provide at least one 
     space for wheelchair of 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, DC 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, 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 System. 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)).

[[Page H135]]

       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.

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