[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: 49CFR37.51]

[Page 389-390]
 
                        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.  37.51  Key stations in commuter rail systems.

    (a) The responsible person(s) 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 commuter authority shall determine which stations on its 
system are key stations. The commuter authority 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) Except as provided in this paragraph, the responsible 
person(s) 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 deadline 
for key station accessibility for a period up to July 26, 2010. 
Extensions may be granted as provided in paragraph (e) of this section.

[[Page 390]]

    (d) The commuter authority and responsible person(s) for stations 
involved shall develop a plan for compliance for this section. This plan 
shall be completed and submitted to FTA by July 26, 1992.
    (1) The commuter authority and responsible person(s) shall consult 
with individuals with disabilities affected by the plan. The commuter 
authority and responsible person(s) also shall hold at least one public 
hearing on the plan and solicit comments on it. The plan 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 
responsible person(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.
    (3) The commuter authority and responsible person(s) of each key 
station identified in the plan shall, by mutual agreement, designate a 
project manager for the purpose of undertaking the work of making the 
key station accessible.
    (e) Any commuter authority and/or responsible person(s) wishing to 
apply for an extension of the July 26, 1993, deadline for key station 
accessibility shall include a request for extension with its plan 
submitted to under paragraph (d) of this section. Extensions may be 
granted only in a case where raising the entire passenger platform is 
the only means available of attaining accessibility or where other 
extraordinarily expensive structural changes (e.g., installations of 
elevators, or alterations of magnitude and cost similar to installing an 
elevator or raising the entire passenger platform) are necessary to 
attain accessibility. 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 disapprove any request for an 
extension.

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