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. Some commenters pointed out that the American National Standards Institute (ANSI) had not adopted a detectable warnings standard, drawing the conclusion that this placed the viability of the current Federal standard in question. A transit authority and an "elderly and handicapped" advisory committee sought assurance that transit authorities and advisory committees, respectively, would be part of the public participation process. PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. Therefore, complete Non-assertion of penalties due to reasonable 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 first issue to be considered is whether the Department should continue making equivalent facilitation determinations. (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. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. 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. (56 FR 45755). United States, Email: drc@dot.gov In addition, in December 1992, a visually impaired passenger fell to the tracks on Baltimore's subway system, and was struck and injured by a train. To accommodate this situation, the Department proposed to add a new paragraph to this section, which would allow good faith efforts to be documented in a different way. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. 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). To the extent that installation of detectable warnings involves an extraordinarily expensive structural change to a particular station, the rail operator could use the cost of the installation as part of its rationale for requesting an extension of time to make the key station accessible. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. Phone: 202-493-0625. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. 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. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. We also do not believe there is a strong connection between the July 1995 one car per train deadline (which pertains mostly to making service for persons with mobility impairments accessible) and the installation of detectable warnings (which pertains mostly to making platforms safe for visually impaired passengers). When it drafted these provisions, the Department contemplated a small number of requests from transit providers concerning individual facility or vehicle problems on which flexibility in applying accessibility standards could be provided without negative effects on accessibility. The Receive email updates about the latest in Safety, Innovation, and Infrastructure. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I 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. Business Hours:8:30am-5:00pm ET, M-F. 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. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . It is appropriate for a driver, under this provision, to ask an ambulatory passenger with a disability to move to clear a wheelchair securement location when needed to accommodate a wheelchair user. All documents and other information concerning the request shall be available, upon request, to members of the public. Web1. (56 FR 45618). The warning must be of a contrasting color (i.e., dark vs. light) and texture (i.e., truncated domes vs. smooth surface), as well as (in the case of interior surfaces) differing from the platform in resiliency and sound-on-cane contact. The Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. 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." of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. Other commenters suggested adding safeguards to ensure accessibility. While managers and employees are experts in their respective fields, they may not know how to go about providing specific reasonable accommodation solutions for different situations. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. In the NPRM, the Department emphasized that its concerns were neither about the basic design of the [*63093] detectable warnings or their usefulness to people with vision impairments. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Federal Transit Administration (FTA). The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. Reasonable accommodations are changes or modifications to a job or work environment that make it possible for an employee with a disability to perform the essential functions of that job. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. The uniformity considerations mentioned by commenters will be taken into account in this process. 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. A substantial number of commenters opposed the Department's proposal, asserting that the detectable warnings requirement, as written, should go into effect without any postponement. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). @ 38.113 -- [Amended] 11. (4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. Hours. 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. 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). If the entity chooses not to allow such individuals to use such a lift, it shall clearly notify consumers of this fact by signage on the exterior of the vehicle (adjacent to and of equivalent size with the accessibility symbol). It also mentioned a technical safety concern relating to the interface of the detectable warning strip and the yellow safety stripe at the platform edge. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. 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. The equivalent facilitation sections for vehicles and facilities are basically parallel. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. This language should parallel that of @ 38.95(d). PAGE 1858 FR 63092, *63099transit agencies asked for guidance on how to identify people with hidden disabilities for priority seating purposes (one of these commenters suggested that such passengers self-disclose). In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. However, this organization did not comment on the NPRM, and there were no comments to the NPRM from any blind or visually impaired individuals or organizations representing them opposing detectable warnings on rail station platform edges. 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. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. The sixth change would modify the good faith efforts that Amtrak and commuter rail operators would have to make in order to lease used rail vehicles. This is because the economic effects of the rule in general should be minimal; to the extent that the rule reduces costs (e.g., by delaying the requirement for completing the installation of detectable warnings), this beneficial effect will affect only large entities. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. 107. When reviewing the request for the medical disability exception, the officer must determine whether the medical professional explained that the applicant has a physical or developmental disability or mental impairment that prevents the applicant from being able Secure .gov websites use HTTPS Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. While we understand the concerns of transit agency commenters about the potential safety risks that may be involved, the Department does not have a basis in the rulemaking record for authorizing a restriction on lift use by standees. You need to document why you needed the missing records, and why they The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. 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. The Department is adopting this proposal without change. Doing so will increase the likelihood that, when installed, detectable warnings do their intended job well without creating unnecessary problems for either passengers or transit providers. 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. Read Liz's story. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. 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. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. Remote . The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. The Department is aware that the Access Board (along with the Department of Justice and Department of Transportation) proposed to suspend, until January 1995, the requirement for detectable warnings in contexts such as curb ramps and parking lots, with the expectation of conducting further research. 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. 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. For work-related hardship license appeals, this means that you must provide a letter from your employer which explains your work hours and need for a license. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. 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. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. Disability Resource Center The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. * * * * *(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, 1993, except that an entity is not required to complete installation of detectable warnings required by section 10.3.2(2) of appendix A to this part until July 26, 1994. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." Other comments addressed a variety of concerns. The Department encourages rail operators to install detectable warnings before the required date. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. One rail operator cited a 1991 study performed by a consultant for DOT that noted a number of problems that had occurred in early installations of detectable warnings. However, it is not a condition to the Close of Escrow that Seller obtain Estoppel Certificates from those A-Tenants in excess of the Minimum Number of Estoppels. It is a way of encouraging innovation and the application of newer technologies. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. The Department would apply 49 CFR 37.9, concerning grandfathering, to fare vending systems that meet the current ADA standard in the same way as that section applies to other features of transportation facilities. 2. The second was the. W56-403 (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. 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. 10. 12. What If I Want Interpreting Services Or Other Ongoing Supports? The less stringent standard could also encourage misleading or unethical practices, they said. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. WebINABILITY TO OBTAIN. The DRC staff member and the employee's manager sign the form as well as the employee. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. 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. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. Detectable warnings can prevent that last mistaken step. For these reasons, the Department will continue to make equivalent facilitation determinations. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. INDEX. "[wll,u&aElBK5#3cn6u. 1200 New Jersey Avenue, SE The FTA will oversee such mechanisms as part of the triennial review process. 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. Washington, DC 20590 The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. 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. It said that while new products have been developed, they have not yet been independently tested. However, nothing in the study suggests that these problems appear insuperable; nor does the study suggest that a prolonged period of time (e.g., five years) is needed for rail operators to solve these problems. 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. Newer statement regarding inability to obtain reasonable transportation 30, 1993ACTION: Final rule the detectable warnings issue is way! Made the following comment on the regulatory text entity is not required to enforce the request that other passengers from... Also wants to clarify an equivalent facilitation determinations expressed a number of concerns about the latest Safety! The result of a combination of first-generation materials and improper installation and/or maintenance by rail properties applies the driver... 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And Safety requirements 30, 1993ACTION: Final rule mechanisms as part of the public regarding. For this document to further amend the regulatory text 37 made the comment.
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