Given the urgency of the concerns expressed by disability community comments and the strong safety rationale for installing detectable warnings, the Department will not adopt the proposed 18-month extension, however. In @ 37.7, paragraph(b) is revised to read as follows. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. 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. If the technical standard changes at this or any future point, the Department could, in appropriate situations, apply the grandfathering provision in the Department's ADA rule (49 CFR 37.9) to avoid making rail operators re-install detectable warnings meeting the revised standard. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. 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. 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 first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. 12101-12213); 49 U.S.C. This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity's existing fixed route vehicles. 2). 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. 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. 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. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I 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. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. The Department believes that existing research adequately documents the detectability of warning materials meeting or exceeding the current Access Board requirement, and, therefore, that the materials will mitigate this hazard. Lift-off problems were reported in some stations (for example, one BART station had a high lift-off rate, of about a third of tiles after 18 months, while other BART stations had low lift-off rates in the 1-10 percent range.) FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). The Department can also attempt to assist in obtaining disability group input. 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 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. 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. The Department believes that one commenter's concerns about the relationship of the yellow safety strip or "bumpers" (i.e., strips of material along the outward-facing edges of platforms to protect the rail cars and platform edges from abrasion) on some of its platforms can be addressed successfully without regulatory change, and the Department will work with rail operators to that end. At the time the Access Board guidelines were published, the specifications for detectable warning surfaces were ambiguous, particularly concerning the pattern and design of the surfaces. The future event or events are likely to occur. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. It is a significant rule under the Department's Regulatory Policies and Procedures, since it amends the Department's Americans with Disabilities Act rule, which is a significant rule. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. Other comments addressed a variety of concerns. 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. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." 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. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and * * * * *(d)(1) For purposes of implementing the equivalent facilitation provision in section 2.2 of appendix A to this part, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation:(i)(A) A public or private entity that provides transportation facilities subject to the provisions of subpart C this part, or other appropriate party with the concurrence of the Administrator;(ii) With respect to airport facilities, an entity that is an airport operator subject to the requirements of 49 CFR part 27 or regulations implementing the Americans with Disabilities Act, an air carrier subject to the requirements of 14 CFR part 382, or other appropriate party with the concurrence of the Administrator. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. ].14 The auditor should consider the effect of an illegal act on the amounts presented in nancial statements including contingent monetary effects, such as nes, penalties and damages. 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). At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. 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. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H This means, of course, that detectable warnings were to be in place by that date. WebINABILITY TO OBTAIN. For example, if a transit authority provides an on-board wheelchair for use by standees on lifts, the transit authority could not insist that a standee sit in the wheelchair in order to use the lift. 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. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. United States, Phone: 888-446-4511 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. (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. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. Other commenters suggested adding safeguards to ensure accessibility. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. 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. 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. 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. 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. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. All it takes is a brief moment of fatigue, or distraction, or disorientation, in the complex and sometimes confusing environment of a rail station, and even a very experienced blind rail system user can make what, in context, is a fatal misstep. 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. Documentation Requirements. 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 official website of the United States government Here's how you know. All of these, in PTSB's view, present clear safety hazards to standees. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. Again, I must emphasize he needs to be reasonably sure and NOT The ADA requires the Department to adopt standards consistent with the Access Board guidelines. The discussion below pertains to this timing issue. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. 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 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. The warning strip must include a pattern of "truncated domes" (i.e., small raised rounded surfaces) as required by section 4.29 of appendix A. 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. statement regarding inability to obtain Official websites use .govA .gov website belongs to an official government organization in the United States. 4. 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. 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. Webthe issuance of Statement on Auditing Standards No. The basic view of these commenters was that the proposed extension of the completion date was needed to address the concerns cited in the NPRM. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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). 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. The study affirms the excellent detectability of materials meeting Federal standards. 12101-12213); 49 U.S.C. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. (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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 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. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. Mp[ 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. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. The Department sought comment on whether this change would improve safety significantly, what the effect would be on consumer access to vehicles, and any other measures that could mitigate any potential safety problems involved with the use of existing lifts while having less significant effects on access. 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. 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. 20590. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. When the needed technologies or other products are delivered, DRC doesn't stop there. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. Technology and product differentiation in the detectable warnings field does not stand still, and equivalent facilitation is an appropriate means to recognize evolution and innovation in these products. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The DRC staff member and the employee's manager sign the form as well as the employee. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. B) should request an increase in audit fees so that more resources can be used to conduct the audit. PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. The Department said that these concerns do not apply with the same force to a new construction situation, where detectable warnings can be made an integral part of the platform design (e.g., through concrete stamping or other methods not involving retrofit). Washington, DC 20590 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. 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. 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. Current products (including some developed. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Phone: 202-366-6242, 1200 New Jersey Avenue, SE Washington, DC 20590 The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. 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. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. United States, Email: drc@dot.gov Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. The Department is also making two minor technical corrections to its rule establishing standards for accessible 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 second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. 1200 New Jersey Avenue, SE PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). 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. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. 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. The chance of the future event or events occurring is more than remote but less than likely. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. 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. 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. WebUnlawful use of means of transportation can result in a conviction of class 5 or class 6 felony. statement regarding inability to obtain reasonable transportation 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 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. 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. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. The Department will adopt the proposal, believing that requests by drivers that other passengers move from priority seats will assist in making transportation genuinely accessible for passengers with disabilities. 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. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. 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. Since the situation of air carriers making equivalent facilitation requests concerning facilities at public airports is very similar to that of the airport sponsors themselves, we decided to apply the same procedural requirements to both. (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. Days. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. The rule makes these corrections, which have no substantive effects. 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. Comments mentioned successful experiences with detectable warnings in some systems. For public Review, the NPRM proposal with these individuals and groups shall take place at all stages of development..., or have a speech disability, and one other commenter also this. 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