In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. A disability community commenter suggested. 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. statement regarding inability to obtain Other transit provider comments opposed all standee lift use on safety grounds. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. The obligations would differ depending on whether the requester is a transportation entity or a manufacturer (in the latter case, the requirement would be a consultation requirement, since there is not a single community whose representatives could be involved in the normal sense of public participation). The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. Transit providers have asked the Department whether they have an obligation under the ADA to direct other passengers to move from designated priority seats or from fold-down seats over a wheelchair securement location when a passenger with a disability enters the vehicle. 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. 20590. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and The conclusion the Department draws from this study is that there are documented practical problems with the installation and maintenance of some detectable warning materials, which it is necessary for transit properties to address if their installation of detectable warnings is to be successful. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. 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 study also noted ongoing efforts at improving detectable warning materials. Commenters also asked for more clarification or guidance on certain subjects. PAGE 1158 FR 63092, *63096letter-writing campaign organized by the Disability Rights Education and Defense Fund (DREDF), whose comment is probably the most thorough and typical statement of the disability community's objections to the proposal. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). EFFECTIVE DATE: This rule is effective December 30, 1993. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. It said that while new products have been developed, they have not yet been independently tested. 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. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. The extension we have provided in this rule should be adequate to permit an aggressive effort by rail properties to address successfully practical concerns about installation. 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). II. DREDF also alluded to a DOT study which found that standees could use lifts successfully. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. The NPRM proposed to modify the existing regulatory language to require transit providers to allow standees on lifts which meet part 38 specifications, or which are equipped with handrails or other devices that can assist standees in maintaining their balance. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. 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. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. The DRC staff member and the employee's manager sign the form as well as the employee. One of these commenters simply said that the current rule should be left in place, without change. Under appendix A of part 37, which adopts as part of a DOT regulation the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines for accessible facilities, sections 10.3.1 and 10.3.2, require that an accessible rail station have a 24-inch wide detectable warning strip running the entire length of the platform edge. WebReasonable accommodations also include any structural changes that may be necessary. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. They suggested that public and private entities be subject to the same procedures. 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. The less stringent standard could also encourage misleading or unethical practices, they said. 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. PAGE 2058 FR 63092, *63100agreements with one another, a provision requiring available accessible cars to be provided before other cars in the donor agency's fleet. 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. [*63098]. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I 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. In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Their focus was on what could happen. Arizona Revised Statutes (ARS) 13-1803 322. Loss contingencies resulting from illegal acts 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. (56 FR 45755). Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. 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. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h A regulatory deadline would not be that useful, in our view. Again, I must emphasize he needs to be reasonably sure and NOT This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . Seating spaces may have fold-down or removable seats to accommodate other passengers when a wheelchair or mobility aid user is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space provided (See Fig. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. Therefore, complete Non-assertion of penalties due to reasonable 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. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ WebFor those illegal acts that are defined in that section as having a direct and material effect on the determination of financial statement amounts, the auditors responsibility to detect misstatements resulting from such illegal acts is the same as that for error or fraud. In @ 37.7, paragraph(b) is revised to read as follows. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. 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. Washington, DC 20590855-368-4200. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. 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 expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. 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). To clarify this point, the NPRM proposed adding to @ 37.167 a new paragraph spelling out this obligation, which would apply to private as well as public transportation entities. The language reads as follows:Departures from particular technical and scoping requirements of these guidelines by the use of other designs or technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility [vehicle]. 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 Department encourages rail operators to install detectable warnings before the required date. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. Share sensitive information only on official, secure websites. 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). People using canes or walkers and other standees with disabilities who do not use wheelchairs but have difficulty using steps (e.g., an elderly person who can walk on a plane without use of a mobility aid but cannot raise his or her legs sufficiently to climb bus steps) must also be permitted to use the lift, on request. 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. These were primarily, but not exclusively, from the blind community. 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. Such spaces shall adjoin, and may overlap, an accessible path. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. 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. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. The problematical features of this lift, as described by the PTSB, include an unusually low head clearance, the tilting action of the lift as it enters the bus, and a "pit" between the lift and the bus entrance when the lift is fully raised but has not entered the bus. Another commenter said the Access Board specification for [*63094] detectable warnings should be made more precise, and that the "pathfinder" design had some international acceptance. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. 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. 10 0 obj <> endobj The Department is not making other suggested changes in the regulatory language, believing that reasonable implementation of the provision can address the issues commenters raised. 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. 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 Five commenters (four transit agencies and a manufacturer) said that the purpose and design of fare vending machines were different enough from those of ATMs to warrant a different standard, at least with respect to some specifications. WebTo request reasonable accommodations: Look at the vacancy announcement Work directly with person arranging the interviews Contact the agency Selective Placement Program Coordinator Contact the hiring manager and engage in an interactive process to clarify what the person needs and identify reasonable accommodations 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. that continued to exist even if the lift had a handrail. The 1991 study referred to by a commenter ("Innovative Solutions for Disabled Transit Accessibility" Thomas J. McGean, October 1991) evaluates detectable warning materials that had been installed up to that time. 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 existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. A disability community commenter objected to the "to the extent practicable" clause for rail systems. The 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. The petition requested that the detectable warnings standard be suspended, pending further research. 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. Days. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. U.S. Department of Transportation, 1200 New Jersey Ave, SE The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. 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 FTA never intended its letters to be used as product endorsements or certifications of compliance. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. For example, if the corners of a tile segment curl up, people can trip on them. Webthe issuance of Statement on Auditing Standards No. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. 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. One disability community. 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. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. 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. All of these, in PTSB's view, present clear safety hazards to standees. Reasonable accommodations create equal access and opportunities in the workplace so that people with disabilities can be productive team players whose unique perspectives promote the development of successful programs. The Department stated in the NPRM that having an adequate detectable warning system to warn blind and visually impaired passengers that they are near a platform edge is a vital safety matter for these passengers. United States, Email: drc@dot.gov PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. The availability of seating or securement space is an integral part of accessibility (i.e., having a vehicle that is "readily * * * usable by" an individual with a disability). 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. (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. Also, if Amtrak could obtain cars for a particular area of its service from both Commuter Authority B and Commuter Authority C, and C had more accessible cars available than B, Amtrak would borrow C's accessible cars before it borrowed inaccessible cars from B. Eleven commenters (eight disability community commenters, Amtrak and one other transit provider, and one state or local agency working on disability matters) favored the NPRM approach. Not yet been independently tested information only on official, secure websites that continued exist! Changes that may be necessary include any structural changes that may be necessary lift! Some qualifications, does support the proposition that standees could use lifts ADA... 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