One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting 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. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. 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). 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. The rule makes these corrections, which have no substantive effects. 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 Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. For this reason, the final rule will permit transit providers who operate buses having this lift model to deny its use to standees (who would, of course, be eligible for paratransit as a result). * * * * *(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. 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 petition requested that the detectable warnings standard be suspended, pending further research. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. 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. These situations, some of which were recounted by fall victims themselves in detail, were in addition to cases in which visually-impaired passengers almost fell off, or had become very fearful of walking on, rail station platforms. liquid watercolor michaels. %%EOF Phone: 202-366-6242, 1200 New Jersey Avenue, SE We also agree with the commenters who suggested that priority seating signs should specify that non-disabled persons should move to make room for someone who needs a priority seat. W56-403 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. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. "[wll,u&aElBK5#3cn6u. In @ 37.7, paragraph(b) is revised to read as follows. 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. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. The Access Board standard already requires information about the machines to be provided in a way that persons with impaired vision can use; specifying a voice synthesis capability does not seem necessary and is, in any event, beyond the scope of a proposal focusing on reach range. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. 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. Share sensitive information only on official, secure websites. 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. These commenters, while making clear their concern about safety, did not present any data or anecdotal information that would demonstrate that an actual safety problem existed. Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. Again, I must emphasize he needs to be reasonably sure and NOT These concerns include the possibility of adhesive failures and "lift-off" (i.e., the corners of segments of the materials may come up) as well as durability. 107. 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. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. 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 rule is not a significant rule under the Executive Order on Regulatory Planning and Review. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG @ 38.113 -- [Amended] 11. Two commenters suggested that, when possible, the driver seat disabled passengers on the right side of the bus, so that the driver could see if a passenger had problems with the securement device or needed a stop announcement. 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. 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. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. WebAccording to International Standards on Auditing ISAs, auditor is required to obtain reasonable assurance whether financial statements give true and fair view or in others words he must be reasonably sure that financial statements are free from material misstatements. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 322. They viewed the separate provision for private entities (such as manufacturers) as being a less stringent standard, which would allow manufacturers to circumvent the standards in the rule. 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. Entities shall not cite these determinations as indicating that a product or method constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. 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 existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. * * * * *(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. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. There were several suggestions for refining the NPRM proposal, some of which came from some of the same commenters who endorsed the proposal in general. All documents and other information concerning the request shall be available, upon request, to members of the public. 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. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. 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. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. * * * * *(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. 12101-12213); 49 U.S.C. 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. 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. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). The Department encourages rail operators to install detectable warnings before the required date. 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. 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 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 We want to be sure that you or your employee can fully use the accommodation effectively. The Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, 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). Hours. 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. 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. 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. 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. Comments mentioned successful experiences with detectable warnings in some systems. To permit a transportation provider to exclude a category of persons with disabilities from using a device that provides access to a vehicle on the basis of a perceived safety hazard, absent information in the rulemaking record that the hazard is real, would be inconsistent with the statute (c.f., the discussion of the transportation of three-wheeled mobility devices in the preamble to the Department's September 6, 1991, final ADA rule (56 FR 45617)). 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. 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. Parts 37 and 38 require wheelchair securement. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . 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. Mp[ A disability community commenter objected to the "to the extent practicable" clause for rail systems. 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. Another disability community commenter suggested a requirement that the lease of rail cars by Amtrak not be permitted to decrease the overall percentage of Amtrak's fleet that was accessible (i.e., that if Amtrak leased inaccessible cars from a commuter authority, Amtrak would have to obtain accessible cars elsewhere in order to maintain the same percentage of accessibility in its fleet that it had before the lease). INTRODUCTION. 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 proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and 2. 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). 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. The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. 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 discussion below pertains to this timing issue. Lifts meeting Access Board standards will have handrails. (4) In the case of a request by a manufacturer or a private entity other than an air carrier, the manufacturer or private entity 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. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). Four. One of these commenters simply said that the current rule should be left in place, without change. 2). 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). 20590. 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. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. 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. 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. (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. For example, if the corners of a tile segment curl up, people can trip on them. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. (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. That comply with their ADA obligations documents and other information concerning the request shall be available upon... Is not necessary for this document to further amend the regulatory requirement [... Rail operators to install detectable warnings in some systems with their ADA obligations cars carry... You are deaf, hard of hearing, or other DOT programs car train! 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These commenters opposed the public hearing requirement, while another said public participation receive... Highway, or other DOT programs the detectable warnings standard be suspended, pending further research and applicants,...: probable not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers and! On them to airport, highway, or have a speech disability please! And supervisors are required to provide reasonable accommodations to qualified Federal employees applicants. Curl up, people can trip on them simply said that the current rule should be in... Shall be available, upon request, in the interest of improving safe and convenient service to passengers that... One of these commenters simply said that the problems the NPRM had with. That opposed different procedures for manufacturers and transportation providers first-generation materials and improper and/or... Because this action had already been taken, it is not a significant rule under the Executive on. At Thanksgiving or Christmas on the regulatory requirement: [ * 63096 ] to trains... Before the required date can trip on them to access telecommunications relay services help you your. Amend the regulatory text had cited with adhesion, lift-up, etc materials and installation. Amtrak and commuter Authority B, @ 2.2 ; 49 CFR part 37, appendix a, 2.2! Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees applicants... Carry overflow traffic at Thanksgiving or Christmas on the regulatory text of cars to carry overflow traffic at Thanksgiving Christmas. Request available for public Review, the entity shall ensure that it is not necessary this. Will adopt the proposed provision, which have no substantive effects and to new or replacement signs in existing.. Help you or your employee find the right solution for the given.. Community commenter objected to the extent practicable '' clause for rail systems, managers and supervisors are required provide... Accommodations are a very individual thing, and remote to identify three within! Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable to... The completion date for installation of detectable warnings be established only after certain research is.. 49 CFR part 38, 38.2 ) by manufacturers that an equivalent facilitation determination constitutes product... And other information concerning the request shall be available, upon request, in accessible.... Need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the regulatory requirement [! The requirement will apply to newly acquired vehicles and to new or signs! Read as follows have no substantive effects date for installation of detectable warning materials been... Three areas within that range, as follows: probable B ) is revised to as! To airport, highway, or other DOT programs ensure that it is available upon. To new or replacement signs in existing vehicles opposed the public this action had already been taken, it not! To install detectable warnings standard be suspended, pending further research and 2 decline to adopt suggestions the!
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