1、399 Office of the Secretary of Transportation Pt. 37 32.655 Individual. Individual means a natural person. 32.660 Recipient. Recipient means any individual, cor-poration, partnership, association, unit of government (except a Federal agen-cy) or legal entity, however organized, that receives an awar
2、d directly from a Federal agency. 32.665 State. State means any of the States of the United States, the District of Colum-bia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. 32.670 Suspension. Suspension means an action taken by a Federal agency that immediatel
3、y prohibits a recipient from partici-pating in Federal Government procure-ment contracts and covered non-procurement transactions for a tem-porary period, pending completion of an investigation and any judicial or ad-ministrative proceedings that may ensue. A recipient so prohibited is sus-pended, i
4、n accordance with the Federal Acquisition Regulation for procure-ment contracts (48 CFR part 9, subpart 9.4) and the common rule, Government- wide Debarment and Suspension (Non-procurement), that implements Execu-tive Order 12549 and Executive Order 12689. Suspension of a recipient is a dis-tinct an
5、d separate action from suspen-sion of an award or suspension of pay-ments under an award. PART 37TRANSPORTATION SERV-ICES FOR INDIVIDUALS WITH DIS-ABILITIES (ADA) Subpart AGeneral Sec. 37.1 Purpose. 37.3 Definitions. 37.5 Nondiscrimination. 37.7 Standards for accessible vehicles. 37.9 Standards for
6、accessible transportation facilities. 37.11 Administrative enforcement. 37.13 Effective date for certain vehicle spec-ifications. 37.15 Temporary suspension of certain de-tectable warning requirements. 37.1637.19 Reserved Subpart BApplicability 37.21 Applicability: General. 37.23 Service under contr
7、act. 37.25 University transportation systems. 37.27 Transportation for elementary and secondary education systems. 37.29 Private entities providing taxi service. 37.31 Vanpools. 37.33 Airport transportation systems. 37.35 Supplemental service for other trans-portation modes. 37.37 Other applications
8、. 37.39 Reserved Subpart CTransportation Facilities 37.41 Construction of transportation facili-ties by public entities. 37.43 Alteration of transportation facilities by public entities. 37.45 Construction and alteration of trans-portation facilities by private entities. 37.47 Key stations in light
9、and rapid rail systems. 37.49 Designation of responsible person(s) for intercity and commuter rail stations. 37.51 Key stations in commuter rail sys-tems. 37.53 Exception for New York and Philadel-phia. 37.55 Intercity rail station accessibility. 37.57 Required cooperation. 37.59 Differences in acce
10、ssibility completion dates. 37.61 Public transportation programs and activities in existing facilities. 37.6337.69 Reserved Subpart DAcquisition of Accessible Vehicles by Public Entities 37.71 Purchase or lease of new non-rail vehi-cles by public entities operating fixed route systems. 37.73 Purchas
11、e or lease of used non-rail ve-hicles 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 oper-ating fixed route systems. 37.77 Purchase or lease of new non-rail vehi-cles by public en
12、tities operating a de-mand responsive system 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 r
13、ail vehicles and purchase or lease of remanufactured rail vehicles by public entities operating rapid or light rail systems. 37.85 Purchase or lease of new intercity and commuter rail cars. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00409 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdj
14、ones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-400 49 CFR Subtitle A (10110 Edition) 37.1 37.87 Purchase or lease of used intercity and commuter rail cars. 37.89 Remanufacture of intercity and com-muter rail cars and p
15、urchase or lease of remanufactured intercity and commuter rail cars. 37.91 Wheelchair locations and food service on intercity rail trains. 37.93 One car per train rule. 37.95 Ferries and other passenger vessels op-erated by public entities. Reserved 37.9737.99 Reserved Subpart EAcquisition of Access
16、ible Vehicles by Private Entities 37.101 Purchase or lease of vehicles by pri-vate entities not primarily engaged in the business of transporting people. 37.103 Purchase or lease of new non-rail ve-hicles by private entities primarily en-gaged in the business of transporting people. 37.105 Equivalen
17、t service standard. 37.107 Acquisition of passenger rail cars by private entities primarily engaged in the business of transporting people. 37.109 Ferries and other passenger vessels operated by private entities. Reserved 37.11137.119 Reserved Subpart FParatransit as a Complement to Fixed Route Serv
18、ice 37.121 Requirement for comparable com-plementary paratransit service. 37.123 ADA paratransit eligibility: Stand-ards. 37.125 ADA paratransit eligibility: Process. 37.127 Complementary paratransit service for visitors. 37.129 Types of service. 37.131 Service criteria for complementary paratransit
19、. 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 State comment on plans. 37.147 Considerations during FTA review. 37.149 Di
20、sapproved plans. 37.151 Waiver for undue financial burden. 37.153 FTA waiver determination. 37.155 Factors in decision to grant an undue financial burden waiver. 37.15737.159 Reserved Subpart GProvision of Service 37.161 Maintenance of accessible features: General. 37.163 Keeping vehicle lifts in op
21、erative con-dition: Public entities. 37.165 Lift and securement use. 37.167 Other service requirements. 37.169 Interim requirements for over-the- road bus service operated by private enti-ties. 37.171 Equivalency requirement for demand responsive service operated by private entities not primarily en
22、gaged in the business of transporting people. 37.173 Training requirements. Subpart HOver-the-Road Buses (OTRBs) 37.181 Applicability dates. 37.183 Purchase or lease of new OTRBs by operators of fixed-route systems. 37.185 Fleet accessibility requirement for OTRB fixed-route systems of large opera-t
23、ors. 37.187 Interline service. 37.189 Service requirement for OTRB de-mand-responsive systems. 37.191 Special provision for small mixed- service operators. 37.193 Interim service requirements. 37.195 Purchase or lease of OTRBs by pri-vate entities not primarily in the busi-ness of transporting peopl
24、e. 37.197 Remanufactured OTRBs. 37.199 Reserved 37.201 Intermediate and rest stops. 37.203 Lift maintenance. 37.205 Additional passengers who use wheel-chairs. 37.207 Discriminatory practices. 37.209 Training and other requirements. 37.211 Effect of NHTSA and FHWA safety rules. 37.213 Information co
25、llection requirements. 37.215 Review of requirements. APPENDIX A TO SUBPART H OF PART 37SERV-ICE REQUEST FORM APPENDIX A TO PART 37MODIFICATIONS TO STANDARDS FOR ACCESSIBLE TRANSPOR-TATION FACILITIES APPENDIX B TO PART 37FTA REGIONAL OF-FICES APPENDIX C TO PART 37CERTIFICATIONS APPENDIX D TO PART 37
26、CONSTRUCTION AND INTERPRETATION OF PROVISIONS OF 49 CFR PART 37 AUTHORITY: 42 U.S.C. 1210112213; 49 U.S.C. 322. SOURCE: 56 FR 45621, Sept. 6, 1991, unless otherwise noted. Subpart AGeneral 37.1 Purpose. The purpose of this part is to imple-ment the transportation and related provisions of titles II
27、and III of the Americans with Disabilities Act of 1990. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-401 O
28、ffice of the Secretary of Transportation 37.3 37.3 Definitions. As used in this part: Accessible means, with respect to ve-hicles and facilities, complying with the accessibility requirements of parts 37 and 38 of this title. The Act or ADA means the Americans with Disabilities Act of 1990 (Pub. L.
29、101336, 104 Stat. 327, 42 U.S.C. 12101 12213 and 47 U.S.C. 225 and 611), as it may be amended from time to time. Administrator means Administrator of the Federal Transit Administration, or his or her designee. Alteration means a change to an ex-isting facility, including, but not lim-ited to, remode
30、ling, renovation, reha-bilitation, reconstruction, historic res-toration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, re-roofing, painting or wallpapering, as-bestos removal,
31、 or changes to mechan-ical or electrical systems are not alter-ations 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. Servi
32、ce may be on a fixed schedule or in response to a pas-senger-activated call button. Auxiliary aids and services includes: (1) Qualified interpreters, notetakers, transcription services, written mate-rials, telephone headset amplifiers, as-sistive listening devices, assistive lis-tening systems, tele
33、phones compatible with hearing aids, closed caption de-coders, closed and open captioning, text telephones (also known as tele-phone devices for the deaf, or TDDs), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments;
34、 (2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; (3) Acquisition or modification of equipment or devices; or (4) Other similar services
35、 or actions. Bus means any of several types of self-propelled vehicles, generally rub-ber-tired, intended for use on city streets, highways, and busways, includ-ing but not limited to minibuses, forty- and thirty-foot buses, articulated buses, double-deck buses, and elec-trically powered trolley bus
36、es, used by public entities to provide designated public transportation service and by private entities to provide transpor-tation service including, but not lim-ited to, specified public transportation services. Self-propelled, rubber-tired vehicles designed to look like antique or vintage trolleys
37、 are considered buses. Commerce means travel, trade, trans-portation, or communication among the several states, between any foreign country or any territory or possession and any state, or between points in the same state but through another state or foreign country. Commuter authority means any st
38、ate, local, regional authority, corporation, or other entity established for purposes of providing commuter rail transpor-tation (including, but not necessarily limited to, the New York Metropolitan Transportation Authority, the Con-necticut Department of Transpor-tation, the Maryland Department of
39、Transportation, the Southeastern Pennsylvania Transportation Author-ity, the New Jersey Transit Corpora-tion, the Massachusetts Bay Transpor-tation Authority, the Port Authority Trans-Hudson Corporation, and any successor agencies) and any entity cre-ated by one or more such agencies for the purpose
40、s of operating, or con-tracting for the operation of, com-muter rail transportation. Commuter bus service means fixed route bus service, characterized by service predominantly in one direction during peak periods, limited stops, use of multi-ride tickets, and routes of ex-tended length, usually betw
41、een the central business district and outlying suburbs. Commuter bus service may also include other service, character-ized by a limited route structure, lim-ited stops, and a coordinated relation-ship to another mode of transpor-tation. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 004
42、11 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-402 49 CFR Subtitle A (10110 Edition) 37.3 Commuter rail car means a rail pas-senger car obtained by a commuter au-thority
43、for use in commuter rail trans-portation. Commuter rail transportation means short-haul rail passenger service oper-ating in metropolitan and suburban areas, whether within or across the geographical boundaries of a state, usually characterized by reduced fare, multiple ride, and commutation tick-et
44、s and by morning and evening peak period operations. This term does not include light or rapid rail transpor-tation. Demand responsive system means any system of transporting individuals, in-cluding the provision of designated public transportation service by public entities and the provision of tra
45、nspor-tation service by private entities, in-cluding but not limited to specified public transportation service, which is not a fixed route system. Designated public transportation means transportation provided by a public en-tity (other than public school transpor-tation) by bus, rail, or other con
46、vey-ance (other than transportation by air-craft or intercity or commuter rail transportation) that provides the gen-eral public with general or special serv-ice, including charter service, on a reg-ular and continuing basis. Disability means, with respect to an individual, a physical or mental im-p
47、airment that substantially limits one or more of the major life activities of such individual; a record of such an im-pairment; or being regarded as having such an impairment. (1) The phrase physical or mental im-pairment means (i) Any physiological disorder or con-dition, cosmetic disfigurement, or
48、 ana-tomical loss affecting one or more of the following body systems: neuro-logical, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; (ii) Any mental or psychological dis-or
49、der, such as mental retardation, or-ganic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The term physical or mental im-pairment includes, but is not limited to, such contagious or noncontagious dis-eases and conditions as orthopedic, vis-ual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dys-trophy, multiple sclerosis, cancer, heart disease, diabetes, mental retar-dation, emoti
