Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 20590. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). We do not believe it is necessary to add language concerning the "one car per train" requirement. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. The main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. Some comments from transit providers suggested there be limits on the use of lifts by standees (e.g., only where there are handrails, only in a wheelchair provided by the transit authority). 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 adopting this proposal without change. WebReasonable accommodations also include any structural changes that may be necessary. The rule makes these corrections, which have no substantive effects. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. A substantial number of commenters opposed the Department's proposal, asserting that the detectable warnings requirement, as written, should go into effect without any postponement. Under the present rule, except where the Department has extended time for completion of modifications to a key station, rail operators had to make key stations accessible by July 26, 1993. B) should request an increase in audit fees so that more resources can be used to conduct the audit. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. 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. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. 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. 1200 New Jersey Avenue, SE 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. 10 0 obj <> endobj 2. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. 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 Seven additional commenters favored longer delays. The latter group of commenters said that, in a vehicle that did not meet part 38 standards, there were safety concerns relating to door height, smoothness of operation etc. Remote . 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 (56 FR 45618). 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. 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. We want to be sure that you or your employee can fully use the accommodation effectively. The supporting 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. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. Under appendix A of part 37, which adopts as part of a DOT regulation the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines for accessible facilities, sections 10.3.1 and 10.3.2, require that an accessible rail station have a 24-inch wide detectable warning strip running the entire length of the platform edge. 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. A regulatory deadline would not be that useful, in our view. In other words, we believe it is more important to do the job right than to do it immediately. * * * * *, (g) The entity shall permit individuals with disabilities who do not use wheelchairs, including standees, to use a vehicle's lift or ramp to enter the vehicle. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. 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. For example, a petition that the Access Board and the Department received, prior to the issuance of the NPRM, from several rail operators cited what they called "extraordinary costs" and unanswered questions about the materials' "durability, maintainability * * * safety, and usability by persons with visual and mobility impairments." There are reasons to have such a requirement. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. Official websites use .govA .gov website belongs to an official government organization in the United States. (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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. This product did not meet the original Access Board design requirement for detectable warnings. 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. The equivalent facilitation sections for vehicles and facilities are basically parallel. What If I Want Interpreting Services Or Other Ongoing Supports? Last fall, the Access Board proposed amending its guidelines for ATMs. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. 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). 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. 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. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. 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. 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. * * * * *[FR Doc. The study also noted ongoing efforts at improving detectable warning materials. Their focus was on what could happen. Arizona Revised Statutes (ARS) 13-1803 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. An official website of the United States government Here's how you know. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). Secure .gov websites use HTTPS DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. We do not believe that such accommodations should be required, however. 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. 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). 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. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. 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. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. This was due, in part, to the absence of a diagram illustrating the required pattern. The Department can also attempt to assist in obtaining disability group input. It is inappropriate under a nondiscrimination statute like the ADA, DREDF argued, to restrict the availability of a service to persons with disabilities based only on speculation or apprehension about possible risks. There were several suggestions for refining the NPRM proposal, some of which came from some of the same commenters who endorsed the proposal in general. 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. The Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. The discussion below pertains to this timing issue. 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. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. 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 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. 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. 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. The qualifications are that, in the situations studied, both drivers [*63097] and standee users were trained in the proper use of lifts, handrails were available on the lifts, and operators were not required to transport a standee who refused to use the handrail. 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. 0 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. Business Hours:8:30am-5:00pm ET, M-F. The Department encourages rail operators to install detectable warnings before the required date. In none of these cases did the platform edge have a detectable warning. This can happen in one of two ways. 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 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. 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. (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. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. The FTA never intended its letters to be used as product endorsements or certifications of compliance. Operators can only make the request but cannot enforce it. (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 first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. WebThe CPA performs procedures in order to obtain reasonable assurance (defined as a high but not absolute level of assurance) about whether the financial statements are free from material misstatement. 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. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. 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. Improving detectable warning materials sections for vehicles and facilities are basically parallel impaired passengers they! The DOT study alluded to by commenters, among others-favored the NPRM proposed! Nearing the platform edge have a detectable warning materials, detectable warning is to inform or! 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Effects of detectable warnings before the request but can not enforce it, which have no substantive effects an... 30, 1993ACTION: final rule date for retrofitting key rail station platforms with detectable warnings on the of.

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