37.89 Remanufacture of intercity and commuter rail cars and purchase
or lease of remanufactured intercity and commuter rail cars.
(a) This section applies to Amtrak or a commuter authority which takes
one of the following actions:
- Remanufactures an intercity or commuter rail car so as to extend its
useful life for ten years or more;
- Purchases or leases an intercity or commuter rail car which has been
remanufactured so as to extend its useful life for ten years or more.
This section differs from the counterpart sections for non-rail
vehicles and light and rapid rail vehicles in two ways. First, the
extension of useful life needed to trigger the section is ten rather than
five years. Second, there is no historic vehicle exception. Both of
these differences are statutory.
Remanufacture of vehicles implies work that extends their expected
useful life of the vehicle. A mid-life overhaul, not extending the
total useful life of the vehicle, would not be viewed as a remanufacture
of the vehicle.
(b) Intercity and commuter rail cars listed in paragraph (a) of this section
shall, to the maximum extent feasible, be readily accessible to and usable
by individuals with disabilities, including individuals who use wheelchairs.
This section requires generally that remanufactured cars be made
accessible, to the maximum extent feasible.
(c) For purposes of this section, it shall be considered feasible to remanufacture
an intercity or commuter rail car so as to be readily accessible to and usable
by individuals with disabilities, including individuals who use wheelchairs,
unless an engineering analysis demonstrates that remanufacturing the car
to be accessible would have a significant adverse effect on the structural
integrity of the car.
Feasible is defined in paragraph (c) of the section to be "unless
an engineering analysis demonstrates that remanufacturing the car to be accessible
would have a significant adverse effect on the structural integrity of the
car." Increased cost is not a reason for viewing other sections of this subpart
concerning remanufactured vehicles.