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. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. Operators can only make the request but cannot enforce it. These were primarily, but not exclusively, from the blind community. 2. One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. The background of this issue is the following: @ 37.165 of the Department's final ADA rule (49 CFR part 37; 56 FR 45584, 45640; September 6, 1991) provides that. Current products (including some developed. W56-403 12101-12213); 49 U.S.C. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. However, the ADA regulation is in Subchapter I of that Title. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. Therefore, complete Non-assertion of penalties due to reasonable 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. Phone: 202-493-0625. Comments mentioned successful experiences with detectable warnings in some systems. II. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. 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. 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. 2. Other key station accessibility requirements, if not covered by a time extension for [*63095] "extraordinarily expensive" changes, must still have been completed by July 26, 1993. For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. The situations covered by the Access Board proposal are distinguishable from the situation of rail platform edges, and a decision by the Access Board to delete the detectable warning requirement in the former would not affect the requirement in the latter for detectable warnings on platform edges, particularly given the safety consequences of falls from rail station platforms. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. Connection Between Medical Disability and Educational Requirements. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. 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. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements. The Department encourages rail operators to install detectable warnings before the required date. 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. 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. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. Lifts meeting Access Board standards will have handrails. Seven additional commenters favored longer delays. 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. _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- 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. All of these, in PTSB's view, present clear safety hazards to standees. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. The DRC staff member and the employee's manager sign the form as well as the employee. 0
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Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. Arizona Revised Statutes (ARS) 13-1803 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. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. 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. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. 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. * * * * *[FR Doc. Washington, DC 20590855-368-4200. 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. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. The FTA will oversee such mechanisms as part of the triennial review process. 322. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. 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. ].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. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." 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. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. Many of these letters appeared to be generated by a. 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. 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 The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. (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. The equivalent facilitation sections for vehicles and facilities are basically parallel. One of these commenters simply said that the current rule should be left in place, without change. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) This will inform passengers that such a request may be made and that they should comply. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. endstream
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DREDF also alluded to a DOT study which found that standees could use lifts successfully. drc.interpreters@dot.gov The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. The NPRM proposed to amend the rule to reflect this situation, allowing equivalent facilitation requests to be made by manufacturers and by transportation entities in other modes. 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. That's where the DRC can offer their expertise. 10. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. 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. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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 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. 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 Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to 10 0 obj
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(56 FR 45618). 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. Inability to obtain reasonable lodging in Texas. Remote . The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. 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. 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 warning must be of a contrasting color (i.e., dark vs. light) and texture (i.e., truncated domes vs. smooth surface), as well as (in the case of interior surfaces) differing from the platform in resiliency and sound-on-cane contact. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." Such spaces shall adjoin, and may overlap, an accessible path. 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. 20590. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. There are reasons to have such a requirement. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. 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. This product did not meet the original Access Board design requirement for detectable warnings. 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. 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. The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. See 57 FR 41006, September 8, 1992. 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. 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. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 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. endstream
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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 comments to this docket were considered in context of that rulemaking and were reflected in its preamble. Rather, they went to the question of how best. 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. 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. B) should request an increase in audit fees so that more resources can be used to conduct the audit. 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 The petition requested that the detectable warnings standard be suspended, pending further research. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. 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). WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and This means, of course, that detectable warnings were to be in place by that date. 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. * * * * *(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. Four. All documents and other information concerning the request shall be available, upon request, to members of the public. The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. 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. 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 few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. liquid watercolor michaels. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. Copies of the final rule are available in alternative formats on request. 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. 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. In Appendix A to part 37, section 10.3.1(7) requires automatic fare vending equipment and related devices to conform, among other things, to the requirements of sections 4.34.2-4.34.4, concerning automated teller machines. * * * * *, 8. 1200 New Jersey Avenue, SE that continued to exist even if the lift had a handrail. Thirty-one state and local agencies working with disability matters, three private transportation providers, three members of Congress (Senators Harkin and Kennedy and Representative Mineta), and four other commenters also advocated not changing the existing rule. 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. This is important, among other reasons, because based on the premise that standees can use lifts, the Access Board found it unnecessary to establish a standard for stair riser heights in vehicles that use lifts. An ambulatory person with a disability may be unable to stand for long periods, meaning that the person would be effectively denied access to transportation if he or she could not sit down on a crowded bus. The authority citation for 49 CFR part 38 is revised to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Other comments addressed a variety of concerns. In the NPRM, the Department emphasized that its concerns were neither about the basic design of the [*63093] detectable warnings or their usefulness to people with vision impairments. 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. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. If manufacturers or other parties have a problem in obtaining disability group input, they can document their efforts as part of their application for an equivalent facilitation determination. 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. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. %%EOF
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. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. (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. Seventeen commenters supported restricting the access of standees to lifts. 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 37.87 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. 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. 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 existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. 9. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) 12. Again, I must emphasize he needs to be reasonably sure and NOT 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. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. ( LockA locked padlock ) or https: // means youve safely to... ) is revised to read as follows: @ 38.125, paragraph ( d ) ( )... 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