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

DEPARTMENT OF TRANSPORTATION

49 CFR Parts 37 and 38

[Docket OST–2006–23985]

RIN 2105–AD54

Transportation for Individuals With Disabilities at Intercity, Commuter, and High Speed Passenger Railroad Station Platforms; Miscellaneous Amendments

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Final rule.

For the reasons set forth in the preamble, the Department of Transportation amends 49 CFR parts 37 and 38 as follows:

12. The authority citation for

Authority: 42 U.S.C. 12101-12213; 49 U.S.C. 322.

§ 38.91 [Amended]

13. In § 38.91:

A. Amend paragraph (c)(1) by removing the words “wherever structurally and operationally practicable” and adding in their place the words “unless structurally or operationally impracticable.”

B. Amend paragraph (c)(2) by removing the words “not structurally or operationally practicable” and adding, in their place, the words “structurally or operationally impracticable”.

§ 38.93 [Amended]

14. In § 38.93(d)(3), remove the period at the end of the paragraph and add the following words: “,ensuring compliance with section 37.42, where applicable.” in its place.

§ 38.95 [Amended]

15. In § 38.95, amend the first sentence of paragraph (a)(2) by adding the words “level-entry boarding,” before the words ” portable or platform lifts” and by revising the second sentence to read “The access systems or devices used at a station to which section 37.42 applies must permit compliance with that section.”

§ 38.111 [Amended]

16. In § 38.111,

A. Amend paragraph (b)(1) by removing the words “If physically and operationally practicable” and adding in their place the words “Unless structurally or operationally impracticable.”

B. Amend paragraph (b)(2) by removing the words “”not structurally or operationally practicable” and adding, in their place, the words “structurally or operationally impracticable”.

§ 38.113 [Amended]

17. In § 38.113, amend paragraph (d)(3) by removing the period at the end of the paragraph and adding the words “ensuring compliance with section 37.42, where applicable” in its place.

§ 38.125 [Amended]

18. In § 38.125, amend the first sentence of paragraph (a)(2) by adding the words “level-entry boarding,” before the words ” portable or platform lifts” and by adding a second sentence “The access systems or devices used at a station to which section 37.42 applies must permit compliance with that section.” at the end of the paragraph.

[FR Doc. 2011-23576 Filed 9-15-11; 11:15 am]

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