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. 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. 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). For safety and liability reasons, they would prefer not to carry standees on such lifts. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. * * * * *, 8. 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. Obviously, a wheelchair user needs access to a securement location. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. 12. The Nations transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19. 10 0 obj <> endobj 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. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of appendix A to this part 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 appendix A to this part; and(v) Documentation of the public participation used in developing an alternative method of compliance.PAGE 2558 FR 63092, *63102(3) In the case of a request by a public entity that provides transportation facilities (including an airport operator), or a request by an air carrier with respect to airport facilities, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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. * * * * *(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. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. Webdisabilities who are unable to use the vehicle because the lift does not work. 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. 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. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. Parts 37 and 38 require wheelchair securement. 2. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . 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. 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. 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). At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). (202) 366-9306 (voice); (202) 755-7687 (TDD). Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. 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. 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. (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. Business Hours:8:30am-5:00pm ET, M-F. However, the ADA regulation is in Subchapter I of that Title. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. The study also noted ongoing efforts at improving detectable warning materials. As such, training is required, and adequate training time should be allowed. This was due, in part, to the absence of a diagram illustrating the required pattern. Arizona Revised Statutes (ARS) 13-1803 Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. Days. %PDF-1.5 % (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. Last fall, the Access Board proposed amending its guidelines for ATMs. Four transit agencies went further, asserting that standees should be permitted to use only those buses that fully meet the requirements of 49 CFR part 38 (the Department's ADA vehicle standards). In this case, according to a press report, the platform's edge was "marked with abrasive material" in an attempt to provide a warning to persons with vision impairments. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Connection Between Medical Disability and Educational Requirements. 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. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. (The study suggests that frequent cleaning is important.) 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. 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. Other comments addressed a variety of concerns. 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 drc.interpreters@dot.gov For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. A disability community commenter suggested. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. It said that while new products have been developed, they have not yet been independently tested. Official websites use .govA .gov website belongs to an official government organization in the United States. Such spaces shall adjoin, and may overlap, an accessible path. In view of the close relationship between the coverage of airport facilities under the ADA, section 504 of the Rehabilitation Act, and the Air Carrier Access Act, the Department is clarifying the facilities section to specifically include requests for equivalent facilitation that arise concerning airport facilities under all three statutes. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." 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. With the exception noted below, the existing @ 37.165(g)-which requires transportation providers to permit standees to use lifts, without restriction-will remain in effect. See 57 FR 41006, September 8, 1992. 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). From a transportation policy point of view, requiring materials to be installed without providing a reasonable amount of time for rail operators to resolve these very practical issues could be counterproductive. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. 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. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. 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. statement regarding inability to obtain reasonable transportation This will inform passengers that such a request may be made and that they should comply. 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 equivalent facilitation sections for vehicles and facilities are basically parallel. 2). 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. 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. This product did not meet the original Access Board design requirement for detectable warnings. Secure .gov websites use HTTPS 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. This extension applies only to detectable warnings. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. X The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of The Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services. (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. 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. INDEX. For example, if the corners of a tile segment curl up, people can trip on them. 57 0 obj <>stream In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. 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. 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. Seventeen commenters supported restricting the access of standees to lifts. One disability community. 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. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. 12101-12213); 49 U.S.C. 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. Copies of the final rule are available in alternative formats on request. Web(7) Eligibility. 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. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. 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 encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. (5) A determination of compliance will be made by the Administrator of the concerned operating administration on a case-by-case basis, with the concurrence of the Assistant Secretary for Policy and International Affairs. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). 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.) 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. Even when Amtrak leases an entire consist from a commuter authority after that date, the consist will necessarily include at least one accessible car, assuming the commuter authority lessor is in compliance with the rule. 20590. 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. A personal care attendant (as distinct from a friend or traveling companion) should be permitted to sit near a person with a disability, since the attendant may be needed to perform personal tasks for the individual with a disability during the course of the ride. Further, 49 CFR 37.7 and 37.9 establish a procedure through which an entity may obtain a determination of equivalent facilitation for vehicles and facilities, respectively:For purposes of implementing the equivalent facilitation provision * * * a determination of compliance will be made by the (Federal Transit) Administrator or the Federal Railroad Administrator, as applicable, on a case-by-case basis. We do not believe it is necessary to add language concerning the "one car per train" requirement. 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. When the needed technologies or other products are delivered, DRC doesn't stop there. These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. PTSB described, in some detail, how the design and operation of a particular lift model (a front door "arcing" lift manufactured by EEC, Inc., Model 141) could create specific hazards for standees. They also asked why we seemed to assume that detectable warnings shouldn't be installed until we were sure they were other component of a rail system. 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. @ 38.113 -- [Amended] 11. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and The second was the. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. 322. [*63098]. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. One of these commenters simply said that the current rule should be left in place, without change. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. 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. Washington, DC 20590 A driver cannot be expected to intuit the existence of a disability that is not apparent. 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. 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. 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