[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR37.83]

[Page 412]
 
                        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. 37.83  Remanufacture of rail vehicles and purchase or lease of 

remanufactured rail vehicles by public entities operating rapid or 
light rail systems.

    (a) This section applies to any public entity operating a rapid or 
light rail system which takes one of the following actions:
    (1) After August 25, 1990, remanufactures a light or rapid rail 
vehicle so as to extend its useful life for five years or more or makes 
a solicitation for such remanufacturing;
    (2) Purchases or leases a light or rapid rail 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.
    (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 rapid or light rail 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 doing so would have a significant adverse effect on 
the structural integrity of the vehicle.
    (d) If a public entity operates a rapid or light rail system any 
segment of which is included on the National Register of Historic Places 
and if making a rapid or light rail 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 need only make (or purchase or lease a 
remanufactured vehicle with) those modifications that do not alter the 
historic character of such vehicle.
    (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 a 
determination of the historic character of the vehicle.