* * * * *(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. Others said that they did not want to spend substantial sums of money on detectable warnings until there was certainty about what design would best answer the concerns that have been raised. WebPeople with disabilities are more likely to have income of less than $15,000 compared to people without disabilities (22.3% compare to 7.3%). 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). The information cited in the comment-which is consistent with the Department's information about this lift model-provides a reasonable basis for believing that its operation may be particularly hazardous to standees. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. Seating spaces may have fold-down or removable seats to accommodate other passengers when a wheelchair or mobility aid user is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space provided (See Fig. 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. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. The DREDF comment asserted, first, that there was no documentation of actual safety problems-data or even anecdotes-necessitating a restriction on the kinds of lifts that standees should be allowed to use. 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. It is not enough, under the ADA, to permit a passenger with a disability to enter a vehicle; the person must be able to use the vehicle for transportation. 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 The discussion below pertains to this timing issue. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. "[wll,u&aElBK5#3cn6u. 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. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. The Department encourages rail operators to install detectable warnings before the required date. Parts 37 and 38 require wheelchair securement. Bulletin # 1 also contains a list of products which are claimed by their manufacturers to meet the technical specifications for detectable warnings, but the Access Board neither reviews products for compliance nor certifies the suitability of such products or systems for the purposes for which they are intended. 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. The Department is not making other suggested changes in the regulatory language, believing that reasonable implementation of the provision can address the issues commenters raised. The FTA never intended its letters to be used as product endorsements or certifications of compliance. 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. Seven additional commenters favored longer delays. Lift-off problems were reported in some stations (for example, one BART station had a high lift-off rate, of about a third of tiles after 18 months, while other BART stations had low lift-off rates in the 1-10 percent range.) While we understand the concerns of transit agency commenters about the potential safety risks that may be involved, the Department does not have a basis in the rulemaking record for authorizing a restriction on lift use by standees. 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. Nine transit agencies and one state or local agency working on disability matters suggested that the final rule require the driver to ask someone sitting in a priority seat to move, or to make good faith efforts to clear the seat, but not to have to enforce the request. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. For these reasons, the Department will continue to make equivalent facilitation determinations. On January 10, 1992, the FTA Administrator determined that the criteria under 49 CFR 37.9 had been met, and he advised EPI that the detectability of the Armor-Tile warning strip was equivalent to those meeting the Access Board guidelines. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. The ability to gather this information is an additional reason for providing the extension. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. However, it is not a condition to the Close of Escrow that Seller obtain Estoppel Certificates from those A-Tenants in excess of the Minimum Number of Estoppels. 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). (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. 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. 322. 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). 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). We believe the changes to the process suggested in the NPRM-concerning the ability of the various DOT operating administrations to make these determinations and having different procedural steps for manufacturers and transportation providers-are reasonable. 9. (6) Determinations of equivalent facilitation are made only with respect to transportation facilities, and pertain only to the specific situation concerning which the determination is made. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. 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). 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.) Other transit provider comments opposed all standee lift use on safety grounds. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. There is no time to make a nationwide search or advertise in trade publications, and no point in seeking cars from distant commuter authorities (which may not meet dimensional requirements for Northeast Corridor service and which would take too long to arrive). Current products (including some developed. All it takes is a brief moment of fatigue, or distraction, or disorientation, in the complex and sometimes confusing environment of a rail station, and even a very experienced blind rail system user can make what, in context, is a fatal misstep. Receive email updates about the latest in Safety, Innovation, and Infrastructure. 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. * * * * *. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. It said that while new products have been developed, they have not yet been independently tested. 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. For this reason, the final rule will permit transit providers who operate buses having this lift model to deny its use to standees (who would, of course, be eligible for paratransit as a result). It is a way of encouraging innovation and the application of newer technologies. (56 FR 45618). 57 0 obj <>stream 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. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. That's where the DRC can offer their expertise. (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. (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. 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. Web(7) Eligibility. One commenter suggested that the postponement apply here, as well. (4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. Two commenters suggested that, when possible, the driver seat disabled passengers on the right side of the bus, so that the driver could see if a passenger had problems with the securement device or needed a stop announcement. Again, I must emphasize he needs to be reasonably sure and NOT 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. It is Island Transits policy that riders will be requested to yield priority seating at the front of the bus to the elderly and persons with disabilities. 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 conclusion the Department draws from this study is that there are documented practical problems with the installation and maintenance of some detectable warning materials, which it is necessary for transit properties to address if their installation of detectable warnings is to be successful. The Department strongly urges such training programs to transit providers, both as a way of improving customer service and of reducing any risks which transit providers believe may be created by the use of lifts by standees. Section 37.87 of the Department's ADA regulation provides that when Amtrak or a commuter authority purchases or leases or used intercity or commuter rail car, it must either obtain an accessible car or demonstrate the good faith efforts it has made to do so. 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. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. However, this organization did not comment on the NPRM, and there were no comments to the NPRM from any blind or visually impaired individuals or organizations representing them opposing detectable warnings on rail station platform edges. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG U.S. Department of Transportation, 1200 New Jersey Ave, SE This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. (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. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. * * * * *, 8. X (202) 366-9306 (voice); (202) 755-7687 (TDD). In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. There are reasons to have such a requirement. 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. 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. 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. Before the issuance of the NPRM, the Department of Transportation received a number of inquiries from transportation providers concerning whether the regulatory provision on standees applies to all existing bus lifts, or only to lifts meeting the requirements of 49 CFR part 38 (the Department's adoption as its standards of the Architectural and Transportation Barriers Compliance Board accessibility guidelines for vehicles). What If I Want Interpreting Services Or Other Ongoing Supports? The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. 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. The chance of the future event or events occurring is more than remote but less than likely. 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. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. All documents and other information concerning the request shall be available, upon request, to members of the public. A disability community commenter objected to the "to the extent practicable" clause for rail systems. For work-related hardship license appeals, this means that you must provide a letter from your employer which explains your work hours and need for a license. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. 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. 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. Arizona Revised Statutes (ARS) 13-1803 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. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. 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. Other commenters suggested adding safeguards to ensure accessibility. 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. 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. 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. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and 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. It also mentioned a technical safety concern relating to the interface of the detectable warning strip and the yellow safety stripe at the platform edge. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. One disability community commenter and one state or local agency working on disability matters recommended that, regardless of other considerations, each train always have at least one accessible car (after July 1955, presumably). 2). Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. 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. Copies of the final rule are available in alternative formats on request. PAGE 2158 FR 63092, *63100(ATMs). Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. 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. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. 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