[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: 49CFR37.9]

[Page 371-373]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 37--TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)--Table of Contents
 
                           Subpart A--General
 
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 26, 1992, 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 Secs. 37.47 and 37.51 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) (41 CFR part 101-19, subpart 101-19.6) 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

[[Page 372]]

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.(1) of appendix A to this 
part, to the extent construction specifications are within their 
control.
    (d)(1) For purposes of implementing the equivalent facilitation 
provision in section 2.2 of appendix A to this part, the following 
parties may submit to the Administrator of the applicable operating 
administration a request for a determination of equivalent facilitation:
    (i)(A) A public or private entity that provides transportation 
facilities subject to the provisions of subpart C this part, or other 
appropriate party with the concurrence of the Administrator;
    (B) With respect to airport facilities, an entity that is an airport 
operator subject to the requirements of 49 CFR part 27 or regulations 
implementing the Americans with Disabilities Act, an air carrier subject 
to the requirements of 14 CFR part 382, or other appropriate party with 
the concurrence of the Administrator.
    (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 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 (including an airport operator), or a request 
by an air carrier with respect to airport facilities, the required 
public participation shall include the following:
    (i) The entity shall contact individuals with disabilities and 
groups representing them in the community. Consultation with these 
individuals and groups shall take place at all stages of the development 
of the request for equivalent facilitation. All documents and other 
information concerning the request shall be available, upon request, to 
members of the public.
    (ii) The entity shall make its proposed request available for public 
comment before the request is made final or transmitted to DOT. 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 manufacturer or a private entity 
other than an air carrier, the manufacturer or private 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 Administrator 
of the concerned operating administration on a case-by-case basis, with 
the concurrence of the Assistant Secretary for Policy and International 
Affairs.
    (6) Determinations of equivalent facilitation are made only with 
respect to transportation facilities, and pertain only to the specific 
situation concerning which the determination is made. Entities shall not 
cite these determinations as indicating that a products or methods 
constitute equivalent facilitations in situations other than those to 
which the determinations specifically pertain. Entities shall not claim 
that a determination of equivalent facilitation indicates approval or 
endorsement of any product or method

[[Page 373]]

by the Federal government, the Department of Transportation, or any of 
its operating administrations.

[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63102, Nov. 30, 1993; 
59 FR 46703, Sept. 9, 1994; 61 FR 25416, May 21, 1996]