42 U.S.C. § 12148 — Public transportation programs and ac-

Page 8252 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12148 determined under criteria established by the At- torney General). (b) Special rule for stations (1) General rule For purposes of section 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public entity that pro- vides designated public transportation to fail, in accordance with the provisions of this sub- section, to make key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) Rapid rail and light rail key stations (A) Accessibility Except as otherwise provided in this para- graph, all key stations (as determined under criteria established by the Secretary by reg- ulation) in rapid rail and light rail systems shall be made readily accessible to and usa- ble by individuals with disabilities, includ- ing individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on July 26, 1990. (B) Extension for extraordinarily expensive structural changes The Secretary may extend the 3-year pe- riod under subparagraph (A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need ex- traordinarily expensive structural changes to, or replacement of, existing facilities; ex- cept that by the last day of the 20th year fol- lowing July 26, 1990, at least 2⁄3 of such key stations must be readily accessible to and usable by individuals with disabilities. (3) Plans and milestones The Secretary shall require the appropriate public entity to develop and submit to the Secretary a plan for compliance with this sub- section— (A) that reflects consultation with individ- uals with disabilities affected by such plan and the results of a public hearing and pub- lic comments on such plan, and (B) that establishes milestones for achievement of the requirements of this sub- section. (Pub. L. 101–336, title II, § 227, July 26, 1990, 104 Stat. 343.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (a) of this section effective 18 months after July 26, 1990, and subsec. (b) of this section effective July 26, 1990, see section 231 of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12148. Public transportation programs and ac- tivities in existing facilities and one car per train rule (a) Public transportation programs and activities in existing facilities (1) In general With respect to existing facilities used in the provision of designated public transpor- tation services, it shall be considered discrimi- nation, for purposes of section 12132 of this title and section 794 of title 29, for a public en- tity to fail to operate a designated public transportation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily ac- cessible to and usable by individuals with dis- abilities. (2) Exception Paragraph (1) shall not require a public enti- ty to make structural changes to existing fa- cilities in order to make such facilities acces- sible to individuals who use wheelchairs, un- less and to the extent required by section 12147(a) of this title (relating to alterations) or section 12147(b) of this title (relating to key stations). (3) Utilization Paragraph (1) shall not require a public enti- ty to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facili- ties when such individuals could not utilize or benefit from such services provided at such fa- cilities. (b) One car per train rule (1) General rule Subject to paragraph (2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for purposes of section 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public enti- ty to fail to have at least 1 vehicle per train that is accessible to individuals with disabil- ities, including individuals who use wheel- chairs, as soon as practicable but in no event later than the last day of the 5-year period be- ginning on the effective date of this section. (2) Historic trains In order to comply with paragraph (1) with respect to the remanufacture of a vehicle of historic character which is to be used on a seg- ment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily acces- sible to and usable by individuals with disabil- ities would significantly alter the historic character of such vehicle, the public entity which operates such system only has to make (or to purchase or lease a remanufactured ve- hicle with) those modifications which are nec- essary to meet the requirements of section 12142(c)(1) of this title and which do not sig- nificantly alter the historic character of such vehicle. (Pub. L. 101–336, title II, § 228, July 26, 1990, 104 Stat. 344.) Editorial Notes REFERENCES IN TEXT The effective date of this section, referred to in sub- sec. (b)(1), probably means the effective date of subsec. (b), which is effective on date of enactment of Pub. L. 101–336, which was approved July 26, 1990. The effective date of subsec. (a) is 18 months after July 26, 1990. See section 231 of Pub. L. 101–336, set out as an Effective Date note under section 12141 of this title. Page 8253 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12161 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (a) of this section effective 18 months after July 26, 1990, and subsec. (b) of this section effective July 26, 1990, see section 231 of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12149. Regulations (a) In general Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regula- tions, in an accessible format, necessary for car- rying out this subpart (other than section 12143 of this title). (b) Standards The regulations issued under this section and section 12143 of this title shall include standards applicable to facilities and vehicles covered by this part. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204 of this title. (Pub. L. 101–336, title II, § 229, July 26, 1990, 104 Stat. 345.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 231(b) of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12150. Interim accessibility requirements If final regulations have not been issued pur- suant to section 12149 of this title, for new con- struction or alterations for which a valid and appropriate State or local building permit is ob- tained prior to the issuance of final regulations under such section, and for which the construc- tion or alteration authorized by such permit be- gins within one year of the receipt of such per- mit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily acces- sible to and usable by persons with disabilities as required under sections 12146 and 12147 of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guide- lines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the re- quirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. (Pub. L. 101–336, title II, § 230, July 26, 1990, 104 Stat. 345.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 231(a) of Pub. L. 101–336, set out as a note under section 12141 of this title. SUBPART II—PUBLIC TRANSPORTATION BY INTERCITY AND COMMUTER RAIL § 12161. Definitions As used in this subpart: (1) Commuter authority The term ‘‘commuter authority’’ has the meaning given such term in section 24102(4) 1 of title 49. (2) Commuter rail transportation The term ‘‘commuter rail transportation’’ has the meaning given the term ‘‘commuter rail passenger transportation’’ in section 24102(5) 1 of title 49. (3) Intercity rail transportation The term ‘‘intercity rail transportation’’ means transportation provided by the Na- tional Railroad Passenger Corporation. (4) Rail passenger car The term ‘‘rail passenger car’’ means, with respect to intercity rail transportation, sin- gle-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi- level sleeping cars, single-level and bi-level lounge cars, and food service cars. (5) Responsible person The term ‘‘responsible person’’ means— (A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity; (B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allo- cated on an equitable basis by regulation by the Secretary of Transportation; and (C) in a case where no party owns more than 50 percent of a station, the persons pro- viding intercity or commuter rail transpor- tation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation. (6) Station The term ‘‘station’’ means the portion of a property located appurtenant to a right-of- way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a pub- lic entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alter- ation of the property, but such term does not include flag stops. (Pub. L. 101–336, title II, § 241, July 26, 1990, 104 Stat. 346; Pub. L. 104–287, § 6(k), Oct. 11, 1996, 110 Stat. 3400.) Editorial Notes REFERENCES IN TEXT Section 24102 of title 49, referred to in pars. (1) and (2), was subsequently amended, and pars. (4) and (5) of