[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR37.47]

[Page 378-379]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 37--TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)--Table of Contents
 
                  Subpart C--Transportation Facilities
 
Sec. 37.47  Key stations in light and rapid rail systems.

    (a) Each public entity that provides designated public 
transportation by means of a light or rapid rail system shall make key 
stations on its system readily accessible to and usable by individuals 
with disabilities, including individuals who use wheelchairs. This 
requirement is separate from and in addition to requirements set forth 
in Sec. 37.43 of this part.
    (b) Each public entity shall determine which stations on its system 
are key stations. The entity shall identify key stations, using the 
planning and public participation process set forth in paragraph (d) of 
this section, and taking into consideration the following criteria:
    (1) Stations where passenger boardings exceed average station 
passenger boardings on the rail system by at least fifteen percent, 
unless such a station is close to another accessible station;
    (2) Transfer stations on a rail line or between rail lines;
    (3) Major interchange points with other transportation modes, 
including stations connecting with major parking facilities, bus 
terminals, intercity or commuter rail stations, passenger vessel 
terminals, or airports;
    (4) End stations, unless an end station is close to another 
accessible station; and
    (5) Stations serving major activity centers, such as employment or 
government centers, institutions of higher education, hospitals or other 
major health care facilities, or other facilities that are major trip 
generators for individuals with disabilities.
    (c)(1) Unless an entity receives an extension under paragraph (c)(2) 
of this section, the public entity shall achieve accessibility of key 
stations as soon as possible, but in no case later than July 26, 1993, 
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 July 26, 1994.
    (2) The FTA Administrator may grant an extension of this completion 
date for key station accessibility for a period up to July 26, 2020, 
provided that two-thirds of key stations are made accessible by July 26, 
2010. Extensions may be granted as provided in paragraph (e) of this 
section.
    (d) The public entity shall develop a plan for compliance for this 
section. The plan shall be submitted to the appropriate FTA regional 
office by July 26, 1992. (See appendix B to this part for list.)
    (1) The public entity shall consult with individuals with 
disabilities affected by the plan. The public entity also shall hold at 
least one public hearing on the plan and solicit comments on it. The 
plan submitted to FTA shall document this public participation, 
including summaries of the consultation with individuals with 
disabilities and the comments received at the hearing and during the 
comment period. The plan also shall summarize the public entity's 
responses to the comments and consultation.
    (2) The plan shall establish milestones for the achievement of 
required accessibility of key stations, consistent with the requirements 
of this section.
    (e) A public entity wishing to apply for an extension of the July 
26, 1993, deadline for key station accessibility shall include a request 
for an extension with its plan submitted to FTA under paragraph (d) of 
this section. Extensions may be granted only with respect to key 
stations which need extraordinarily expensive structural changes to, or 
replacement of, existing facilities (e.g., installations of elevators, 
raising the entire passenger platform, or alterations of similar 
magnitude and cost). Requests for extensions shall provide for 
completion of key station accessibility within the time limits set forth 
in paragraph (c) of this section. The FTA Administrator may approve, 
approve with conditions, modify, or

[[Page 379]]

disapprove any request for an extension.

[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63102, Nov. 30, 1993]