42 U.S.C. § 12163 — Conformance of accessibility standards

Page 8257 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12181 all alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (C) Required cooperation It shall be considered discrimination for purposes of section 12132 of this title and sec- tion 794 of title 29 for an owner, or person in control, of a station governed by subpara- graph (A) or (B) to fail to provide reasonable cooperation to a responsible person with re- spect to such station in that responsible per- son’s efforts to comply with such subpara- graph. An owner, or person in control, of a station shall be liable to a responsible per- son for any failure to provide reasonable co- operation as required by this subparagraph. Failure to receive reasonable cooperation re- quired by this subparagraph shall not be a defense to a claim of discrimination under this chapter. (Pub. L. 101–336, title II, § 242, July 26, 1990, 104 Stat. 347.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(2)(C), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 246(b) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12163. Conformance of accessibility standards Accessibility standards included in regula- tions issued under this subpart shall be con- sistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under section 12204(a) of this title. (Pub. L. 101–336, title II, § 243, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 246(a) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12164. Regulations 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. (Pub. L. 101–336, title II, § 244, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 246(b) of Pub. L. 101–336, set out as a note under section 12161 of this title. § 12165. Interim accessibility requirements (a) Stations If final regulations have not been issued pur- suant to section 12164 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 stations be readily acces- sible to and usable by persons with disabilities as required under section 12162(e) 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 guidelines re- quired under section 12204(a) of this title, com- pliance with such supplemental minimum guide- lines shall be necessary to satisfy the require- ment that stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. (b) Rail passenger cars If final regulations have not been issued pur- suant to section 12164 of this title, a person shall be considered to have complied with the require- ments of section 12162(a) through (d) of this title that a rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under section 12204(a) of this title) gov- erning accessibility of such cars, to the extent that such laws and regulations are not incon- sistent with this subpart and are in effect at the time such design is substantially completed. (Pub. L. 101–336, title II, § 245, July 26, 1990, 104 Stat. 352.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 246(a) of Pub. L. 101–336, set out as a note under section 12161 of this title. SUBCHAPTER III—PUBLIC ACCOMMODA- TIONS AND SERVICES OPERATED BY PRI- VATE ENTITIES § 12181. Definitions As used in this subchapter: (1) Commerce The term ‘‘commerce’’ means travel, trade, traffic, commerce, transportation, or commu- nication— (A) among the several States; (B) between any foreign country or any territory or possession and any State; or (C) between points in the same State but through another State or foreign country.