[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: 49CFR37.75]

[Page 382-383]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 37--TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)--Table of Contents
 
    Subpart D--Acquisition of Accessible Vehicles By Public Entities
 
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 August 25, 1990, remanufactures a bus or other vehicle so 
as to extend its useful life for five years or more or makes a 
solicitation for such remanufacturing; or
    (2) Purchases or leases a bus or other vehicle which has been 
remanufactured so as to extend its useful life for five years or more, 
where the purchase or lease occurs after August 25, 1990, and during the 
period in which the useful life of the vehicle is extended.

[[Page 383]]

    (b) Vehicles acquired through the actions listed in paragraph (a) of 
this section shall, to the maximum extent feasible, be readily 
accessible to and usable by individuals with disabilities, including 
individuals who use wheelchairs.
    (c) For purposes of this section, it shall be considered feasible to 
remanufacture a bus or other motor vehicle so as to be readily 
accessible to and usable by individuals with disabilities, including 
individuals who use wheelchairs, unless an engineering analysis 
demonstrates that including accessibility features required by this part 
would have a significant adverse effect on the structural integrity of 
the vehicle.
    (d) If a public entity operates a fixed route system, any segment of 
which is included on the National Register of Historic Places, and if 
making a vehicle of historic character used solely on such segment 
readily accessible to and usable by individuals with disabilities would 
significantly alter the historic character of such vehicle, the public 
entity has only to make (or purchase or lease a remanufactured vehicle 
with) those modifications to make the vehicle accessible which do not 
alter the historic character of such vehicle, in consultation with the 
National Register of Historic Places.
    (e) A public entity operating a fixed route system as described in 
paragraph (d) of this section may apply in writing to the FTA 
Administrator for a determination of the historic character of the 
vehicle. The FTA Administrator shall refer such requests to the National 
Register of Historic Places, and shall rely on its advice in making 
determinations of the historic character of the vehicle.