[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR37.107]

[Page 398]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 37_TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)
--Table of Contents
 
    Subpart E_Acquisition of Accessible Vehicles by Private Entities
 
Sec.  37.107  Acquisition of passenger rail cars by private entities primarily 
engaged in the business of transporting people.

    (a) A private entity which is primarily engaged in the business of 
transporting people and whose operations affect commerce, which makes a 
solicitation after February 25, 1992, to purchase or lease a new rail 
passenger car to be used in providing specified public transportation, 
shall ensure that the car is readily accessible to, and usable by, 
individuals with disabilities, including individuals who use 
wheelchairs. The accessibility standards in part 38 of this title which 
apply depend upon the type of service in which the car will be used.
    (b) Except as provided in paragraph (c) of this section, a private 
entity which is primarily engaged in transporting people and whose 
operations affect commerce, which remanufactures a rail passenger car to 
be used in providing specified public transportation to extend its 
useful life for ten years or more, or purchases or leases such a 
remanufactured rail car, shall ensure that the rail car, to the maximum 
extent feasible, is made readily accessible to and usable by individuals 
with disabilities, including individuals who use wheelchairs. For 
purposes of this paragraph, it shall be considered feasible to 
remanufacture a rail passenger car 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 car.
    (c) Compliance with paragraph (b) of this section is not required to 
the extent that it would significantly alter the historic or antiquated 
character of a historic or antiquated rail passenger car, or a rail 
station served exclusively by such cars, or would result in the 
violation of any rule, regulation, standard or order issued by the 
Secretary under the Federal Railroad Safety Act of 1970. For purposes of 
this section, a historic or antiquated rail passenger car means a rail 
passenger car--
    (1) Which is not less than 30 years old at the time of its use for 
transporting individuals;
    (2) The manufacturer of which is no longer in the business of 
manufacturing rail passenger cars; and
    (3) Which--
    (i) Has a consequential association with events or persons 
significant to the past; or
    (ii) Embodies, or is being restored to embody, the distinctive 
characteristics of a type of rail passenger car used in the past, or to 
represent a time period which has passed.

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