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. Phone: 202-366-6242, 1200 New Jersey Avenue, SE 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. 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. WebThe statements are not in conformity with GAAP regarding pension plans An independent auditor has concluded that a substantial doubt remains about a client's ability to continue 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. (It is our understanding that a number of rail properties have begun this task.) 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. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. A disability community commenter suggested. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. Four transit agencies went further, asserting that standees should be permitted to use only those buses that fully meet the requirements of 49 CFR part 38 (the Department's ADA vehicle standards). The second was the. Issued this 25th day of October, 1993, at Washington, D.C. Federico Pena,Secretary of Transportation.For the reasons set forth in the Preamble, the Department of Transportation amends 49 CFR parts 37 and 38 as follows: (b)(1) For purposes of implementing the equivalent facilitation provision in @ 38.2 of this subtitle, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation: PAGE 2358 FR 63092, *63101(i) A public or private entity that provides transportation services and is subject to the provisions of subpart D or subpart E this part; or(ii) The manufacturer of a vehicle or a vehicle component or subsystem to be used by such entity to comply with this part. Entities shall not cite these determinations as indicating that a products or methods constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. An FTA regulation (49 CFR 609.15(d)) requires FTA-assisted public transit authorities to designate priority seating near the front of vehicles for elderly and handicapped persons. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. 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. One commenter said that, if the specifications were changed, existing models of fare vending systems had installed should be grandfathered, so that retrofit was not necessary. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. statement regarding inability to obtain reasonable transportation The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. 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 Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services. Read Liz's story. We do not believe that such accommodations should be required, however. Personal Assistance as a Reasonable Accommodation, FAQ About Obtaining Assistive Technology And Services, DOT Order 1011.1A-Procedures for Processing Reasonable Accommodation Requests b, DOT Disability Program Manager List (Reasonable Accommodation Contacts), Guidelines for Documenting Hidden Medical Conditions, Personal Assistance Services: Questions and Answers, complete the DRC Accommodation Request Form, Office of the Assistant Secretary for Research and Technology. INTRODUCTION. Therefore, complete Non-assertion of penalties due to reasonable (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) An ambulatory person with a disability may be unable to stand for long periods, meaning that the person would be effectively denied access to transportation if he or she could not sit down on a crowded bus. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. It is a way of encouraging innovation and the application of newer technologies. liquid watercolor michaels. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. We do not believe it is necessary to add language concerning the "one car per train" requirement. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. They mentioned numerous cases of persons falling off platforms in various rail systems (18 in a system other than the one mentioned in the NPRM), sometimes resulting in death or injury. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. 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. We agree with the commenters who suggested modifying the proposal to specify that drivers or other personnel on vehicles not be required to enforce a request for someone to move from a priority seat (e.g., by physically removing a recalcitrant passenger or parking the bus and calling the police.) Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. Converts for an unauthorized term or use It is inappropriate under a nondiscrimination statute like the ADA, DREDF argued, to restrict the availability of a service to persons with disabilities based only on speculation or apprehension about possible risks. 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. One of these commenters simply said that the current rule should be left in place, without change. (6) Determinations of equivalent facilitation are made only with respect to transportation facilities, and pertain only to the specific situation concerning which the determination is made. Hours. All documents and other information concerning the request shall be available, upon request, to members of the public. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. Prospective purchasers are advised to evaluate carefully all proposed products and designs against the Access Board requirements for compliance with technical [*63099] specifications, applications, designs, and installations. The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. That's where the DRC can offer their expertise. The agreement would provide that when Amtrak borrowed cars from B, B would make available and Amtrak would take its accessible cars first, to the extent they are available (e.g., B would not have to provide cars that were in the repair shop or that it was impossible to make available for Amtrak's use in a timely fashion). A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). These were primarily, but not exclusively, from the blind community. 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. A number mentioned the crowded, noisy, distracting atmosphere of rush hour train stations as being a situation in which a tactile cue like a detectable warning is particularly important. Disability Resource Center It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. For safety and liability reasons, they would prefer not to carry standees on such lifts. * * * * *(c)(1) Except as provided in this paragraph, the responsible person(s) 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. (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. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. An official website of the United States government Here's how you know. On January 10, 1992, the FTA Administrator determined that the criteria under 49 CFR 37.9 had been met, and he advised EPI that the detectability of the Armor-Tile warning strip was equivalent to those meeting the Access Board guidelines. 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. Others said that they did not want to spend substantial sums of money on detectable warnings until there was certainty about what design would best answer the concerns that have been raised. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). 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. * * * * *PAGE 2658 FR 63092, *631026. 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. The ability to gather this information is an additional reason for providing the extension. endstream endobj 11 0 obj <> endobj 12 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> endobj 13 0 obj <>stream The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." 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 Share sensitive information only on official, secure websites. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. Remote . One disability community. 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. "[wll,u&aElBK5#3cn6u. The concern expressed by these providers was essentially that some older models of lifts have no handrails or other means of preventing a standee user from losing his or her balance and falling while the lift is in operation. 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. The FTA will oversee such mechanisms as part of the triennial review process. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. This language should parallel that of @ 38.95(d). From a transportation policy point of view, requiring materials to be installed without providing a reasonable amount of time for rail operators to resolve these very practical issues could be counterproductive. Four state or local transportation agencies asked that FTA (or perhaps APTA) publish, in the Federal Register or elsewhere, its approvals of requests for equivalent facilitation, so that other transit authorities would know what products or accommodations were acceptable. The Department can also attempt to assist in obtaining disability group input. Seventeen commenters supported restricting the access of standees to lifts. Other comments addressed a variety of concerns. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. Official websites use .govA .gov website belongs to an official government organization in the United States. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. 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. that continued to exist even if the lift had a handrail. The proposal would also require that if the borrower had a choice of obtaining cars from more than one source, it would obtain the cars from a source that had accessible cars before it obtained inaccessible cars from the other source. For example, in one rapid rail system lacking adequate detectable warnings, according to testimony from blind passengers at a 1992 public hearing on the system's proposed key station plan, 15 blind or visually impaired passengers have fallen off the platform in recent years (at least one of them was killed by a train). 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. Phone: 202-493-0625. 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. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and Secure .gov websites use HTTPS 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 ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. Priority seats are intended for people with disabilities in general; a seat near the front of the bus may be as important to a blind individual as to an individual with a mobility impairment. Moreover, unlike the falls of visually-impaired persons from platforms, allegations mentioned by some commenters that properly installed detectable warnings cause safety problems (e.g., for persons using crutches or walkers, or pedestrians wearing high heels) are not supported by any evidence of these problems actually having occurred. Parts 37 and 38 require wheelchair securement. Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor spacePAGE 2858 FR 63092, *6310348 inches by 30 inches. The rule makes these corrections, which have no substantive effects. 2. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. (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. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. 12101-12213); 49 U.S.C. (j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location. There are reasons to have such a requirement. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. 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. 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. 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. 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