In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." This means, of course, that detectable warnings were to be in place by that date. 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. PAGE 758 FR 63092, *63094Department takes notice. In other words, we believe it is more important to do the job right than to do it immediately. 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. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. You need to document why you needed the missing records, and why they 93-29257 Filed 11-29-93; 8:45 am] BILLING CODE 4910-62-P-M, Transportation for Individuals with Disabilities --Detectable Warnings, Standees on Lifts, Equivalent Facilitation, Priority Seating, Rail Car Acquisition, United States Department of Transportation, Coordinating Council on Access & Mobility, Low and No-Emission Vehicle Federal Technical Assistance, Federal Register Notices & Rulemaking Documents, National Transit Institute (NTI) Course Offerings. Current products (including some developed. The fourth change clarifies the responsibility of transit providers to make seat or wheelchair securement space available to people who need it: The fifth amendment would reflect a recent statutory change in the name of the Department's transit agency from the Urban Mass Transportation Administration (UMTA) to the Federal Transit Administration (FTA). FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., room 10424, Washington, DC. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. When the needed technologies or other products are delivered, DRC doesn't stop there. 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 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. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of 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. 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. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). Secure .gov websites use HTTPS What If I Want Interpreting Services Or Other Ongoing Supports? 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. 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. 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. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Manufacturers and transit providers are different kinds of entities, in different situations (e.g., a transit authority has a local "public" for which it makes sense to hold a public hearing; a manufacturer probably does not). The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Commenters also asked for more clarification or guidance on certain subjects. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. 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 extension applies only to detectable warnings. * * * * *(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. 57 0 obj <>stream The Department believes that, given the safety-related reasons for a detectable warning requirement documented in the rulemaking record, deleting the requirement postponing it indefinitely, or postponing it for a lengthy period (e.g., five years) would be inadvisable. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of * * * * *[FR Doc. 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. Another disability community commenter suggested a requirement that the lease of rail cars by Amtrak not be permitted to decrease the overall percentage of Amtrak's fleet that was accessible (i.e., that if Amtrak leased inaccessible cars from a commuter authority, Amtrak would have to obtain accessible cars elsewhere in order to maintain the same percentage of accessibility in its fleet that it had before the lease). Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). Arizona Revised Statutes (ARS) 13-1803 The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. Several manufacturers of detectable warning surfaces requested clarification. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. In none of these cases did the platform edge have a detectable warning. However, the ADA regulation is in Subchapter I of that Title. 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. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. It is the Department's understanding that this material involves a flat, painted-on surface with a sandpaper-like texture, which does not meet the Federal standard for a detectable warning. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. 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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. U.S. Department of Transportation, 1200 New Jersey Ave, SE Phone: 202-366-6242, 1200 New Jersey Avenue, SE (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) One disability community. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor spacePAGE 2858 FR 63092, *6310348 inches by 30 inches. PAGE 2158 FR 63092, *63100(ATMs). The study affirms the excellent detectability of materials meeting Federal standards. Washington, DC 20590 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)). 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. 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. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. 12101-12213); 49 U.S.C. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. Nevertheless, the Department said that rail operators may have legitimate concerns about the installation of detectable warning materials as they retrofit key stations for accessibility. 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. that continued to exist even if the lift had a handrail. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. Two organizations that represent a constituency consisting primarily of persons with mobility impairments said that additional research was needed on the issue of whether detectable warnings were an obstacle or hazard to persons with mobility impairments. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. They suggested that public and private entities be subject to the same procedures. 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. 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. Read Liz's story. 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. Secure .gov websites use HTTPS To clarify this point, the NPRM proposed adding to @ 37.167 a new paragraph spelling out this obligation, which would apply to private as well as public transportation entities. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. Fourteen commenters supported the NPRM provision as drafted. Washington, DC 20590 The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 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). 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. 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. (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.PAGE 2458 FR 63092, *63102(6) Determinations of equivalent facilitation are made only with respect to vehicles or vehicle components used in the provision of transportation services covered by subpart D or subpart E of this part, and pertain only to the specific situation concerning which the determination is made. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. 1200 New Jersey Avenue, SE (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. 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. Share sensitive information only on official, secure websites. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. Before the NPRM was issued, Amtrak told DOT staff that this provision is not appropriate in an important situation in which it leases rail cars. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. Four rail operators suggested that the 18 months should start to run from the time that FTA or the Access Board completed its research on detectable warnings. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. 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. 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. Doing so will increase the likelihood that, when installed, detectable warnings do their intended job well without creating unnecessary problems for either passengers or transit providers. 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. 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. Seven additional commenters favored longer delays. United States, Email: drc@dot.gov The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. 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. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. 12101-12213); 49 U.S.C. 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. (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. Rather, they went to the question of how best. Converts for an unauthorized term or use 10. 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 proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. W56-403 The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. WebReasonable accommodations also include any structural changes that may be necessary. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and There are reasons to have such a requirement. The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. * * * * *(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. 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