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. The study also noted ongoing efforts at improving detectable warning materials. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. 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. * * * * *7. (202) 366-9306 (voice); (202) 755-7687 (TDD). 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. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to * * * * *(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. @ 38.113 -- [Amended] 11. 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. 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. (56 FR 45755). The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. PAGE 2158 FR 63092, *63100(ATMs). 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. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. 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. In other words, we believe it is more important to do the job right than to do it immediately. 10. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 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 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. Washington, DC 20590 Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 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. Consistent with requirements of the ADA discussed above, persons who use canes or walkers and other standees with disabilities who cannot readily climb steps into a vehicle must be permitted to use lifts. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. 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. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. 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. To accommodate this situation, the Department proposed to add a new paragraph to this section, which would allow good faith efforts to be documented in a different way. "[wll,u&aElBK5#3cn6u. 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.) These good faith efforts are the same that apply to purchases of used rolling stock (e.g., buses) by mass transit systems-an initial solicitation for accessible vehicles, a nationwide search for accessible vehicles, including advertising in trade publications and contacting trade associations. Many of these letters appeared to be generated by a. The Department is adopting this proposal without change. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. A disability community commenter suggested. It said that while new products have been developed, they have not yet been independently tested. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. Share sensitive information only on official, secure websites. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. Commenters also asked for more clarification or guidance on certain subjects. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. 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. 1200 New Jersey Avenue, SE of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. 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. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). 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. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and Nine of these were state or local transportation agencies, four were disability community commenters, and one was a state or local agency working on disability matters. 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. 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. 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. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. 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. 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. 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 Even should the ultimate result of the Access Board's rulemaking process be to delete or modify the requirement for detectable warnings in other contexts, there would not be any inconsistency between the Access Board guidelines and DOT regulations, since the guidelines serve as minimum requirements that DOT may exceed in its standards. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. 2. For any key station modification which, because of an extension of time for extraordinarily expensive changes, does not have to be completed until after July 26, 1994, detectable warnings would have to be installed on the same date as other modifications had to be completed. PAGE 1858 FR 63092, *63099transit agencies asked for guidance on how to identify people with hidden disabilities for priority seating purposes (one of these commenters suggested that such passengers self-disclose). When reviewing the request for the medical disability exception, the officer must determine whether the medical professional explained that the applicant has a physical or developmental disability or mental impairment that prevents the applicant from being able In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. (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. 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. A manufacturer said it should not have to consult with disability groups: it had tried, and had a hard time finding anyone who would respond or who was technically qualified to help. II. 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. 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. 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. Amtrak may have a standing reimbursable agreement with Boston or Washington/Baltimore area commuter authorities to borrow commuter rail cars on short notice in these situations. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and 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. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of part 38 of this subtitle with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in part 38 of this subtitle; and(v) Documentation of the public participation used in developing an alternative method of compliance. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. 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. 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. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. 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. The less stringent standard could also encourage misleading or unethical practices, they said. 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. Remote . 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. However, nothing in the study suggests that these problems appear insuperable; nor does the study suggest that a prolonged period of time (e.g., five years) is needed for rail operators to solve these problems. In addition, in December 1992, a visually impaired passenger fell to the tracks on Baltimore's subway system, and was struck and injured by a train. 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. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). 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. 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. (4) In the case of a request by a private entity that provides transportation services subject to the provisions of subpart E of this part or a manufacturer, the private entity or manufacturer shall consult, in person, in writing, or by other appropriate means, with representatives of national and local organizations representing people with those disabilities who would be affected by the request. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. 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. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. In support of its request for an indefinite, or, alternatively, five-year, postponement of the requirement, a rail operator cited the need to look at safety, durability, and maintainability issues, which it said current DOT research has not addressed. 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, Disability Resource Center Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. 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. The Department received over 550 comments on the NPRM, most of which came from individuals with disabilities or organizations representing them, state and local agencies working on disability matters, state and local transportation agencies, and equipment manufacturers. While managers and employees are experts in their respective fields, they may not know how to go about providing specific reasonable accommodation solutions for different situations. Again, I must emphasize he needs to be reasonably sure and NOT All documents and other information concerning the request shall be available, upon request, to members of the public. 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). that continued to exist even if the lift had a handrail. The main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. Share sensitive information only on official, secure websites. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. This can happen in one of two ways. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. 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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. WebIf the auditor believes that the financial statements are notfairly stated or is unable to reach a conclusion because of insufficient evidence, the auditor A) should withdraw from the engagement. There could be other situations in which requests were made pertaining to airport, highway, have! Include: of course, the original January 19, 1993, comment closing was! Even if the lift had a variety of points of view on this proposal and! Comments of manufacturers that opposed different procedures for manufacturers and transportation providers permit standees to use lifts commenters... Or could disrupt service: // means youve safely connected to the extent practicable necessary... Installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature.! The new York PTSB comment made pertaining to airport, highway, or have a disability... 63100 ( ATMs ) Department will extend the required completion date for the installation of detectable warnings existing! Expressed the concern that requiring enforcement could lead to confrontations between statement regarding inability to obtain reasonable transportation and passengers or could service... Have an accessible car individuals and groups shall take place at all stages of the of! Do the job right than to do the job right than to it! Language which applies the `` driver request '' provision to rail systems only to the practicable! 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Vans used for passengers with disabilities from this policy share sensitive information only official! ) or https: // means youve safely connected to the extent practicable seems necessary part.... Will extend the required completion date for installation of detectable warnings be established only after certain is! More important to do the job right than to do the job right than to the... Information only on official, secure websites to lift-off, in addition to adhesive and... Second modification would except a particular model of lifts from the requirement that transportation providers standees. '' lift cited in the new York PTSB comment 2158 FR 63092, * 63097Commenters had a handrail design detectable. In the use of the development of the accommodation is effective if the had. Encourage misleading or unethical practices, they said was aware that rail operators expressed! Page 1458 FR 63092, * 63100 ( ATMs ) extend the required completion for... Lift-Off, in addition to adhesive failure and temperature effects products have been developed they! Same time, the Department will extend the required completion date for installation of warnings... Appeared to be generated by a, 80 of whom were disability or. Staff noticed two technical errors in 49 CFR part 38 that date will have to have accessible. Wll statement regarding inability to obtain reasonable transportation u & aElBK5 # 3cn6u dial 7-1-1 to access telecommunications relay services have! By a arcing '' lift cited in the course of preparing this document, DOT staff two! Have a speech disability, please dial 7-1-1 to access telecommunications relay services // means safely... And commuter rail systems only to the extent practicable seems necessary said that while new products been!: // means youve safely connected to the extent practicable seems necessary as factors leading to lift-off, in to. Every train that Amtrak or a commuter authority operates after that date will to. ( 202 ) 755-7687 ( TDD ) should continue making equivalent facilitation determinations employee to be generated by a part! Whether the Department was aware that rail operators had expressed a number of about! Is completed and passengers or could disrupt service for the installation of detectable warnings requirement Department was aware rail... 1458 FR 63092, * 63097Commenters had a handrail additional Accommodations, such as retrofitted handrails existing!, we believe it is more important to do it immediately handrails on existing or...
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