[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: 49CFR37.7]

[Page 380-381]
 
                        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.  37.7  Standards for accessible vehicles.

    (a) For purposes of this part, a vehicle 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 part 
38 of this title.
    (b)(1) For purposes of implementing the equivalent facilitation 
provision in Sec.  38.2 of this subtitle, the following parties may 
submit to the Administrator of the applicable operating administration a 
request for a determination of equivalent facilitation:
    (i) A public or private entity that provides transportation services 
and is subject to the provisions of subpart D or subpart E this part; or
    (ii) The manufacturer of a vehicle or a vehicle component or 
subsystem to be used by 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;

[[Page 381]]

    (ii) Specific provision of part 38 of this title 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 part 38 of this subtitle; 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 services subject to the provisions of subpart D of this 
part, 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 private entity that provides 
transportation services subject to the provisions of subpart E of this 
part or a manufacturer, the private entity or manufacturer 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 vehicles or vehicle components used in the provision of 
transportation services covered by subpart D or subpart E of this part, 
and pertain only to the specific situation concerning which the 
determination is made. Entities shall not cite these determinations as 
indicating that a product or method 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 
by the Federal government, the Department of Transportation, or any of 
its operating administrations.
    (c) Over-the-road buses acquired by public entities (or by a 
contractor to a public entity as provided in Sec.  37.23 of this part) 
shall comply with Sec.  38.23 and subpart G of part 38 of this title.

[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63101, Nov. 30, 1993; 
61 FR 25416, May 21, 1996]