49 CFR Parts 37 and 38 -- Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments, Preamble

Miscellaneous Provisions

Consistent with guidance issued in September 2005, the Department is amending § 37.23, in paragraphs (a), (c), and (d), to add the words “(including, but not limited to, a grant, subgrant, or cooperative agreement)” after the word “arrangement.” The purpose of this amendment is to clarify that the term “other arrangement or relationship” refers to any means other than a contract through which a public entity works with a private entity to provide fixed route or demand responsive service. A private entity that receives a subgrant under 49 U.S.C. 5311 has an “arrangement or relationship” with the state agency involved. If a state provides § 5311 funding to a county government via a subgrant agreement, which then provides fixed route service, there is no dispute that eligible passengers must have ADA complementary paratransit service available. If a state provides § 5311 funding to a private entity via a contract, which then provides fixed route service, there is no dispute that eligible passengers must have ADA complementary paratransit service available. Likewise, eligible passengers must have ADA complementary paratransit service available if a state provides § 5311 funding to a private entity via a subgrant agreement; otherwise, passengers would be denied service solely on the basis of the state's administrative choice of a provider and a funding mechanism. Making the availability of ADA complementary paratransit service wholly contingent on the state's choice of administrative arrangements would be both arbitrary and inconsistent with the purpose of the ADA.

The Department is removing and reserving section 37.169 and portions of section 37.193. These are obsolete provisions concerning over-the-road buses that are no longer needed, given the passage of time since the promulgation of subpart H of part 37.

The Department is adding or altering language in a few places in 49 CFR part 38 to conform to Access Board language in parallel sections (e.g., “unless structurally or operationally impracticable”) or to refer to the new section 37.42.