49 C.F.R. § 37.47

Key stations in light and rapid rail systems

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(a) Each public entity that provides designated public transportation by means of a light or rapid rail system shall make key stations on its system readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. This requirement is separate from and in addition to requirements set forth in § 37.43 of this part.

(b) Each public entity shall determine which stations on its system are key stations. The entity shall identify key stations, using the planning and public participation process set forth in paragraph (d) of this section, and taking into consideration the following criteria:

(1) Stations where passenger boardings exceed average station passenger boardings on the rail system by at least fifteen percent, unless such a station is close to another accessible station;

(2) Transfer stations on a rail line or between rail lines;

(3) Major interchange points with other transportation modes, including stations connecting with major parking facilities, bus terminals, intercity or commuter rail stations, passenger vessel terminals, or airports;

(4) End stations, unless an end station is close to another accessible station; and

(5) Stations serving major activity centers, such as employment or government centers, institutions of higher education, hospitals or other major health care facilities, or other facilities that are major trip generators for individuals with disabilities.

(c)(1) Unless an entity receives an extension under paragraph (c)(2) of this section, the public entity shall achieve accessibility of key stations as soon as possible, but in no case later than July 26, 1994.

(2) The FTA Administrator may grant an extension of this completion date for key station accessibility for a period up to July 26, 2020, provided that two-thirds of key stations are made accessible by July 26, 2010. Extensions may be granted as provided in paragraph (e) of this section.

(d) The public entity shall develop a plan for compliance for this section. The plan shall be submitted to the appropriate FTA regional office by July 26, 1992. (See appendix B to this part for list.)

(1) The public entity shall consult with individuals with disabilities affected by the plan. The public entity also shall hold at least one public hearing on the plan and solicit comments on it. The plan submitted to FTA shall document this public participation, including summaries of the consultation with individuals with disabilities and the comments received at the hearing and during the comment period. The plan also shall summarize the public entity's responses to the comments and consultation.

(2) The plan shall establish milestones for the achievement of required accessibility of key stations, consistent with the requirements of this section.

(e) A public entity wishing to apply for an extension of the July 26, 1993, deadline for key station accessibility shall include a request for an extension with its plan submitted to FTA under paragraph (d) of this section. Extensions may be granted only with respect to key stations which need extraordinarily expensive structural changes to, or replacement of, existing facilities (e.g., installations of elevators, raising the entire passenger platform, or alterations of similar magnitude and cost). Requests for extensions shall provide for completion of key station accessibility within the time limits set forth in paragraph (c) of this section. The FTA Administrator may approve, approve with conditions, modify, or disapprove any request for an extension.

[56 FR 45621, Sept. 6, 1991, as amended at 58 FR 63102, Nov. 30, 1993; 79 FR 21405, Apr. 16, 2014]

Notes of Decisions

Cited in 5 cases, 1997–2009 · leading case: Walter v. Se. Pennsylvania Transp. Auth., 434 F. Supp. 2d 346 (E.D. Pa. 2006).

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Walter v. Se. Pennsylvania Transp. Auth., 434 F. Supp. 2d 346 (E.D. Pa. 2006). · cites it 2× “49 C.F.R. § 37.47 (b). Prior to the passage of the ADA, SEPTA and disabilities rights activists reached a settlement agreement determining which stations in the SEPTA system would be identified as key stations.”

Cupolo v. Bay Area Rapid Transit, 5 F. Supp. 2d 1078 (N.D. Cal. 1997). “5 49 C.F.R. § 37.47 (a), (c)(1) Public entities providing transportation services must “maintain in operative condition those features of facilities .”

Hassan v. Slater, 41 F. Supp. 2d 343 (E.D.N.Y 1999). · cites it 2× “49 C.F.R. § 37.47 (a), (c)(1). According to the MTA defendants, it selected the Center Moriches Station for possible closure because of its low customer volume, the substantial capital investment necessary to construct high-level platforms to accommodate the LIRR’s new diesel…”

Katzowitz v. Long Island R.R., 58 F. Supp. 2d 34 (E.D.N.Y 1999). “49 C.F.R. § 37.47 (a), (c)(1). With regard to train stations constructed prior to enactment of the ADA, the ADA requires only that designated key stations be made accessible to individuals with disabilities, and not all train stations.”

Disabled in Action v. Se. Pennsylvania Transp. Auth., 655 F. Supp. 2d 553 (E.D. Pa. 2009). “49 C.F.R. §§ 37.47 (a), 37.51(a). Thus, even if SEPTA is in compliance with the Key Stations guidelines, that does not excuse it from complying with the general alterations guidelines and regulations.”

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