A disability community commenter suggested. It is fair to conclude from comments to the rule that one of the consequences of having a serious visual impairment is the need to concentrate very hard on mobility and orientation matters that sighted persons handle routinely. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. We believe the changes to the process suggested in the NPRM-concerning the ability of the various DOT operating administrations to make these determinations and having different procedural steps for manufacturers and transportation providers-are reasonable. PAGE 1658 FR 63092, *63098concerning detectable warning materials to make sure that, in all respects, a proposed "equivalent" material truly provides equal or greater detectability and safety benefits. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. We do not believe that such accommodations should be required, however. Seven additional commenters favored longer delays. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. Since the FTA issued these letters, the Access Board published Bulletin # 1 in May 1992, clarifying many of the ambiguities left by its original guidelines and containing a diagram illustrating the pattern prescribed for detectable warning surfaces. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. Two commenters suggested that it would help matters if the standard language on the sign above the priority seats was reworded to say that other passengers were expected to move if a disabled person showed up and needed the space. WebIf the auditor believes that the financial statements are notfairly stated or is unable to reach a conclusion because of insufficient evidence, the auditor A) should withdraw from the engagement. While manufacturers' and consumers' comments assert that cited problems concerning the materials have largely been solved, it is clear that rail operators are not persuaded that their concerns about installation, safety, durability, and maintainability have been fully addressed. WebReasonable accommodations also include any structural changes that may be necessary. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. The main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. Washington, DC 20590855-368-4200. This extension applies only to detectable warnings. Under the present rule, except where the Department has extended time for completion of modifications to a key station, rail operators had to make key stations accessible by July 26, 1993. 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream (An equipment manufacturer, a person with a disability, and one other commenter also took this position). The fourth change clarifies the responsibility of transit providers to make seat or wheelchair securement space available to people who need it: The fifth amendment would reflect a recent statutory change in the name of the Department's transit agency from the Urban Mass Transportation Administration (UMTA) to the Federal Transit Administration (FTA). Nevertheless, the Department said that rail operators may have legitimate concerns about the installation of detectable warning materials as they retrofit key stations for accessibility. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. (5) A determination of compliance will be made by the Administrator of the concerned operating administration on a case-by-case basis, with the concurrence of the Assistant Secretary for Policy and International Affairs.PAGE 2458 FR 63092, *63102(6) Determinations of equivalent facilitation are made only with respect to vehicles or vehicle components used in the provision of transportation services covered by subpart D or subpart E of this part, and pertain only to the specific situation concerning which the determination is made. Entities shall not claim that a determination of equivalent facilitation indicates approval or endorsement of any product or method by the Federal government, the Department of Transportation, or any of its operating administrations.5. The chance of the future event or events occurring is more than remote but less than likely. (3) In the case of a request by a public entity that provides transportation services subject to the provisions of subpart D of this part, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. Current products (including some developed. Several manufacturers of detectable warning surfaces requested clarification. %PDF-1.5 % The Department believes that this period should give transit properties sufficient time to work out the installation and related problems to which the comments referred. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. Among other comments on this subject, one of the rail operators mentioned above thought that the postponement should apply to new and altered platforms as well as those being retrofitted. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. 12101-12213); 49 U.S.C. One commenter suggested that the postponement apply here, as well. Parts 37 and 38 require wheelchair securement. It is not enough, under the ADA, to permit a passenger with a disability to enter a vehicle; the person must be able to use the vehicle for transportation. PTSB described, in some detail, how the design and operation of a particular lift model (a front door "arcing" lift manufactured by EEC, Inc., Model 141) could create specific hazards for standees. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. It said that while new products have been developed, they have not yet been independently tested. The second was the. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. In the preamble to the final rule, the Department made the following comments on the origin of this provision: PAGE 1058 FR 63092, *63095In the NPRM, the Department neglected to discuss the use of lifts by standees, an oversight that was brought to our attention by a substantial number of disability community commenters. In the most recent case, a visually impaired individual apparently fell onto the tracks of a Maryland commuter rail system and was also fatally injured by a train. When the needed technologies or other products are delivered, DRC doesn't stop there. For example, a petition that the Access Board and the Department received, prior to the issuance of the NPRM, from several rail operators cited what they called "extraordinary costs" and unanswered questions about the materials' "durability, maintainability * * * safety, and usability by persons with visual and mobility impairments." (4) In the case of a request by a private entity that provides transportation services subject to the provisions of subpart E of this part or a manufacturer, the private entity or manufacturer shall consult, in person, in writing, or by other appropriate means, with representatives of national and local organizations representing people with those disabilities who would be affected by the request. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. Other comments addressed a variety of concerns. In 49 CFR part 37, the words "Urban Mass Transportation Administration" are changed to the words "Federal Transit Administration" in every instance in which those words appear; the letters "UMTA" are changed to the letters "FTA" in every instance in which those letters appear; and the words "UMT Act" and "Urban Mass Transportation Act" are changed to the words "FT Act" and "Federal Transit Act" in every instance in which those words appear, and the definition of "FT Act" is moved to the proper alphabetical order. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. Inability to obtain reasonable lodging in Texas. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. X Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. The FTA never intended its letters to be used as product endorsements or certifications of compliance. One transit agency asked that the rule state that non-disabled passengers do not have to get off the bus to let a disabled passenger on. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. (2) By documenting that, when there is more than one source of intercity or commuter rail cars for a lease of seven days or less, the lessee has obtained all available accessible intercity or commuter rail cars from all sources before obtaining inaccessible intercity or commuter rail cars from any source. This is important, among other reasons, because based on the premise that standees can use lifts, the Access Board found it unnecessary to establish a standard for stair riser heights in vehicles that use lifts. We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. There are reasons to have such a requirement. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. Before the issuance of the NPRM, the Department of Transportation received a number of inquiries from transportation providers concerning whether the regulatory provision on standees applies to all existing bus lifts, or only to lifts meeting the requirements of 49 CFR part 38 (the Department's adoption as its standards of the Architectural and Transportation Barriers Compliance Board accessibility guidelines for vehicles). Given that installation methods not raising the technical problems said to affect retrofit are possible in this situation (even though retrofit-like methods could also be used), the Department does not believe that a postponement is necessary. To cover these situations, we proposed changing the rule to authorize the Administrator of the concerned operating Administration to make such a determination, with the concurrence of the Assistant Secretary for Policy and International Affairs in order to ensure consistency. For any key station modification which, because of an extension of time for extraordinarily expensive changes, does not have to be completed until after July 26, 1994, detectable warnings would have to be installed on the same date as other modifications had to be completed. This can happen in one of two ways. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. We believe that a reasonable balance is best achieved, in this case, by allowing transit authorities a limited period of time to resolve practical problems concerning detectable warnings. PAGE 958 FR 63092, *63095standard for detectable warnings may be indicated, the Department is free to propose changes, which can exceed the minimum requirements of the Access Board guidelines. The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life The DREDF comment asserted, first, that there was no documentation of actual safety problems-data or even anecdotes-necessitating a restriction on the kinds of lifts that standees should be allowed to use. Those commenters who asserted that the two types of machines should have different requirements did not provide sufficient information on which the Department or the Access Board could base a separate standard. drc.interpreters@dot.gov Obviously, a wheelchair user needs access to a securement location. Title I of the Americans with Disabilities Act of 1990 (the "ADA") (1) limits an employer's ability to make disability-related inquiries or require medical examinations at three stages: pre-offer, post-offer, and during The Department strongly urges such training programs to transit providers, both as a way of improving customer service and of reducing any risks which transit providers believe may be created by the use of lifts by standees. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. Their focus was on what could happen. WebUnlawful use of means of transportation can result in a conviction of class 5 or class 6 felony. Entities shall not claim that a determination of equivalent facilitation indicates approval or endorsement of any product or method by the Federal government, the Department of Transportation, or any of its operating administrations. Bulletin # 1 also contains a list of products which are claimed by their manufacturers to meet the technical specifications for detectable warnings, but the Access Board neither reviews products for compliance nor certifies the suitability of such products or systems for the purposes for which they are intended. The case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. Other key station accessibility requirements, if not covered by a time extension for [*63095] "extraordinarily expensive" changes, must still have been completed by July 26, 1993. A transit provider said that, in case the Access Board changed its standard, detectable warnings that had been installed in the meantime should be grandfathered. The uniformity considerations mentioned by commenters will be taken into account in this process. WebThe form that must be filed with the Securities and Exchange Commission whenever a company plans to issue new securities to the public is the S-1 Which of the following is a The Nations transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. 12101-12213); 49 U.S.C. Operators can only make the request but cannot enforce it. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., room 10424, Washington, DC. Manufacturers and transit providers are different kinds of entities, in different situations (e.g., a transit authority has a local "public" for which it makes sense to hold a public hearing; a manufacturer probably does not). One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. Another transit property also asked for a 5-year delay, while a third suggested making the requirement effective in July 1995, to coincide with the one-car-per-train requirement. The rule makes these corrections, which have no substantive effects. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. 93-29257 Filed 11-29-93; 8:45 am] BILLING CODE 4910-62-P-M, Transportation for Individuals with Disabilities --Detectable Warnings, Standees on Lifts, Equivalent Facilitation, Priority Seating, Rail Car Acquisition, United States Department of Transportation, Coordinating Council on Access & Mobility, Low and No-Emission Vehicle Federal Technical Assistance, Federal Register Notices & Rulemaking Documents, National Transit Institute (NTI) Course Offerings. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. * * * * *7. In this case, according to a press report, the platform's edge was "marked with abrasive material" in an attempt to provide a warning to persons with vision impairments. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in [*63102] appropriate media, such as newspapers of general and special interest circulation and radio announcements. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. The Department believes that the ambiguities in the original Access Board guidelines have been resolved by Bulletin # 1, and that FTA letters concerning compliance with the Access Board requirements are no longer necessary. This "ask, don't tell" approach should help to avoid confrontations and disruptions of service while resulting in seating being made available for passengers who need priority seating in the vast majority of instances. Read Liz's story. * * * * *, (g) The entity shall permit individuals with disabilities who do not use wheelchairs, including standees, to use a vehicle's lift or ramp to enter the vehicle. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. Section 37.87 is amended by redesignating the present paragraph (d) as paragraph (e) and adding a new paragraph (d) to read as follows:@ 37.87 -- Purchase or lease of used intercity and commuter rail cars. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements. If manufacturers or other parties have a problem in obtaining disability group input, they can document their efforts as part of their application for an equivalent facilitation determination. If passengers expect detectable warning materials to be on the edge of the entire platform, and several feet of material is missing because the adhesive has failed, someone could fall off the platform because the expected warning was absent. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. (The study suggests that frequent cleaning is important.) 4. The proposal received support from both disability community commenters (12) and state or local transportation agencies (10), with the remainder of comments (4) coming from state or local agencies working on disability matters. Remote . Four rail operators suggested that the 18 months should start to run from the time that FTA or the Access Board completed its research on detectable warnings. 4 Transportation barriers We have some doubts about the practicality of providers carrying wheelchairs on their vehicles to use for standees who are trying to access a vehicle via the lift. A driver cannot be expected to intuit the existence of a disability that is not apparent. If there are conductors or other transit personnel present in the passenger compartments, they would make the request when they saw a situation calling for it. Frequently (e.g., at holiday times or other high-demand periods), Amtrak must obtain additional cars from nearby commuter rail authorities on short notice for a short period of time. According to a press report of the incident, the individual asserted that, had a detectable warning strip been in place, her fall would have been prevented. %%EOF One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. The FTA will oversee such mechanisms as part of the triennial review process. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. This will inform passengers that such a request may be made and that they should comply. Given the differences between the bus and rail contexts, and the specific requirements that the ADA applies to rail, it does not seem appropriate to apply the "don't diminish fleet accessibility percentage" rule to this situation. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Web(7) Eligibility. INDEX. Before the NPRM was issued, Amtrak told DOT staff that this provision is not appropriate in an important situation in which it leases rail cars. * * * * *, 8. statement regarding inability to obtain In none of these cases did the platform edge have a detectable warning. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and It is Island Transits policy that riders will be requested to yield priority seating at the front of the bus to the elderly and persons with disabilities. Thirty-one state and local agencies working with disability matters, three private transportation providers, three members of Congress (Senators Harkin and Kennedy and Representative Mineta), and four other commenters also advocated not changing the existing rule. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). 2. * * * * *(d) When Amtrak or a commuter authority leases a used intercity or commuter rail car for a period of seven days or less, Amtrak or the commuter authority may make and document good faith efforts as provided in this paragraph instead of in the ways provided in paragraph (c) of this section: [*63103](1) By having and implementing, in its agreement with any intercity railroad or commuter authority that serves as a source of used intercity or commuter rail cars for a lease of seven days or less, a provision requiring that the lessor provide all available accessible rail cars before providing any inaccessible rail cars. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. Lifts meeting Access Board standards will have handrails. [*63098]. These support services are provided throughout DOT, regardless of an employee's geographic location. In view of the close relationship between the coverage of airport facilities under the ADA, section 504 of the Rehabilitation Act, and the Air Carrier Access Act, the Department is clarifying the facilities section to specifically include requests for equivalent facilitation that arise concerning airport facilities under all three statutes. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. While the procedures differ, the substantive standard is not less stringent for manufacturers: any party seeking a determination of equivalent facilitation must convince the Department that its proposal really results in equivalent or greater access. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. An entity wishing to employ equivalent facilitation * * * shall submit a request to UMTA or FRA, as applicable, and include the following information: (list of five items of information). The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. The key point in the comments, from the Department's point of view, is the absence of information documenting a safety problem resulting from standees' use of lifts. Five commenters (one of the above transit agencies plus four of the commenters who favored the NPRM provision) said that additional provision (e.g., a voice synthesizer system) was needed on fare vending systems to serve persons with visual impairments. Rather, they went to the question of how best. Thirteen of the remaining comments were from manufacturers of detectable warnings and associated products, with four from state or local agencies working on disability matters and two each from state or local transportation agencies and other commenters. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. Connection Between Medical Disability and Educational Requirements. hb``g`` This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. The qualifications are that, in the situations studied, both drivers [*63097] and standee users were trained in the proper use of lifts, handrails were available on the lifts, and operators were not required to transport a standee who refused to use the handrail. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." In response to the disability group concerns about possible problems detectable warnings may create for people with mobility impairments, the FTA is available to work with rail properties that have installed or are testing detectable warning systems (and users of these systems who have mobility impairments) to determine whether such problems exist and merit any change in the detectable warning requirement. The latter group of commenters said that, in a vehicle that did not meet part 38 standards, there were safety concerns relating to door height, smoothness of operation etc. Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. It is important to remember that the NPRM never raised the issue of whether detectable warnings should be installed on rail platform edges, only the issue of when installation should be completed. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. All of these, in PTSB's view, present clear safety hazards to standees. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. Consistent with requirements of the ADA discussed above, persons who use canes or walkers and other standees with disabilities who cannot readily climb steps into a vehicle must be permitted to use lifts. Department stated that the completion date for installation of detectable warnings any case, would appear to exceed the of... Of how best claim that their products comply, even though the differ. Dot staff noticed two technical errors in 49 CFR part 38 procedures for responding to requests for facilitation... For public review, the original January 19, 1993, comment closing date was through. Acquired vehicles and to find effective solutions this rulemaking. to newly acquired vehicles to. A useful provision of the notice for this was that, in any case, would appear to exceed scope! Certain research is completed or certifications of compliance is made final or transmitted DOT! To new or replacement signs in existing vehicles, DOT staff noticed technical. It should be able to self-certify as to an equivalent facilitation is a way of providing a reasonable sense security! Products as `` U.S. Government-Approved '' or `` ADA-Approved. will be taken account. Considered is whether the Department understands that this lift model is no longer being manufactured, remains! 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