Title 42The Public Health and WelfareRelease 119-73not60

§12165 Interim Accessibility Requirements

Title 42 › Chapter 126— EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter II— PUBLIC SERVICES › Part B— Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory › Subpart ii— public transportation by intercity and commuter rail › § 12165

Last updated Apr 5, 2026|Official source

Summary

If final rules under section 12164 are not yet issued, new construction or changes that get a valid State or local building permit before those final rules can follow the Uniform Federal Accessibility Standards (UFAS) that are in effect when the permit is issued. The work must start within one year after getting the permit and must be completed under that permit. If the Architectural and Transportation Barriers Compliance Board issues the supplemental minimum guidelines required under section 12204(a) and final rules still have not been issued one year later, then the supplemental guidelines must be followed instead. If final rules under section 12164 are not yet issued, a rail passenger car design will count as meeting the accessibility rules in section 12162(a)–(d) if the design follows the accessibility laws and regulations in effect when the design is substantially completed, including the Minimum Guidelines and any supplemental guidelines under section 12204(a), so long as those laws and regulations do not conflict with this subpart.

Full Legal Text

Title 42, §12165

The Public Health and Welfare — Source: USLM XML via OLRC

(a)If final regulations have not been issued pursuant to section 12164 of this title, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit 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 accessible 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 required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations.
(b)If final regulations have not been issued pursuant to section 12164 of this title, a person shall be considered to have complied with the requirements 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) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this subpart and are in effect at the time such design is substantially completed.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12165

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60