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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. WebINABILITY TO OBTAIN. The Department is adopting this proposal without change. 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. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. 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. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 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. The uniformity considerations mentioned by commenters will be taken into account in this process. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. 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. 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 the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. 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. 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. 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. Loss contingencies resulting from illegal acts Remote . The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. 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. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. Several manufacturers of detectable warning surfaces requested clarification. 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. 57 0 obj
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Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Transit providers have asked the Department whether they have an obligation under the ADA to direct other passengers to move from designated priority seats or from fold-down seats over a wheelchair securement location when a passenger with a disability enters the vehicle. Webthe issuance of Statement on Auditing Standards No. Five transit agencies noted that they provided lift service to standees without significant problems. The future event or events are likely to occur. 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. 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. The rule makes these corrections, which have no substantive effects. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. 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. 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. 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. Secure .gov websites use HTTPS In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. 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.
The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). (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. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. 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 NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. 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. The ability to gather this information is an additional reason for providing the extension. 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. 2). PAGE 1858 FR 63092, *63099transit agencies asked for guidance on how to identify people with hidden disabilities for priority seating purposes (one of these commenters suggested that such passengers self-disclose). The proposal would also require that if the borrower had a choice of obtaining cars from more than one source, it would obtain the cars from a source that had accessible cars before it obtained inaccessible cars from the other source. This product did not meet the original Access Board design requirement for detectable warnings. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. An FTA regulation (49 CFR 609.15(d)) requires FTA-assisted public transit authorities to designate priority seating near the front of vehicles for elderly and handicapped persons. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[
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. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. hb``g`` 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. If passengers expect detectable warning materials to be on the edge of the entire platform, and several feet of material is missing because the adhesive has failed, someone could fall off the platform because the expected warning was absent. 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. All documents and other information concerning the request shall be available, upon request, to members of the public. Inability to obtain reasonable lodging in Texas. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. 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. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. 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. 12. 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. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. II. The case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. 20590. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H 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 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. %PDF-1.5
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WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. * * * * *, (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. However, the ADA regulation is in Subchapter I of that Title. 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). Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. Secure .gov websites use HTTPS (56 FR 45755). 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. Obviously, a wheelchair user needs access to a securement location. We do not believe that such accommodations should be required, however. (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. 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. 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. Seven additional commenters favored longer delays. WebUnlawful use of means of transportation can result in a conviction of class 5 or class 6 felony. 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. ].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. The availability of seating or securement space is an integral part of accessibility (i.e., having a vehicle that is "readily * * * usable by" an individual with a disability). In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. In other words, we believe it is more important to do the job right than to do it immediately. As such, training is required, and adequate training time should be allowed. Personal Assistance as a Reasonable Accommodation, FAQ About Obtaining Assistive Technology And Services, DOT Order 1011.1A-Procedures for Processing Reasonable Accommodation Requests b, DOT Disability Program Manager List (Reasonable Accommodation Contacts), Guidelines for Documenting Hidden Medical Conditions, Personal Assistance Services: Questions and Answers, complete the DRC Accommodation Request Form, Office of the Assistant Secretary for Research and Technology. (202) 366-9306 (voice); (202) 755-7687 (TDD). Another transit property also asked for a 5-year delay, while a third suggested making the requirement effective in July 1995, to coincide with the one-car-per-train requirement. United States, Email: drc@dot.gov When the needed technologies or other products are delivered, DRC doesn't stop there. This was due, in part, to the absence of a diagram illustrating the required pattern. PAGE 1158 FR 63092, *63096letter-writing campaign organized by the Disability Rights Education and Defense Fund (DREDF), whose comment is probably the most thorough and typical statement of the disability community's objections to the proposal. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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. Four. The less stringent standard could also encourage misleading or unethical practices, they said. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 35 0 obj
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Lifts meeting Access Board standards will have handrails. 107. The Department believes that the ambiguities in the original Access Board guidelines have been resolved by Bulletin # 1, and that FTA letters concerning compliance with the Access Board requirements are no longer necessary. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. Operators can only make the request but cannot enforce it. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). Reasonably possible . 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. 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. 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. One commenter suggested that the postponement apply here, as well. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. 0
Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. Phone: 202-366-6242, 1200 New Jersey Avenue, SE One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. 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. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). 1200 New Jersey Avenue, SE Seventeen commenters supported restricting the access of standees to lifts. 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. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. The Department is aware that the Access Board (along with the Department of Justice and Department of Transportation) proposed to suspend, until January 1995, the requirement for detectable warnings in contexts such as curb ramps and parking lots, with the expectation of conducting further research. (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. This extension applies only to detectable warnings. A transit provider said that, in case the Access Board changed its standard, detectable warnings that had been installed in the meantime should be grandfathered. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. * * * * *(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. INDEX. 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. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 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 supporting 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. What If I Want Interpreting Services Or Other Ongoing Supports? * * * * *PAGE 2658 FR 63092, *631026. If the entity chooses not to allow such individuals to use such a lift, it shall clearly notify consumers of this fact by signage on the exterior of the vehicle (adjacent to and of equivalent size with the accessibility symbol). Converts for an unauthorized term or use 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. [*63098]. liquid watercolor michaels. 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. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. 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. Also, if Amtrak could obtain cars for a particular area of its service from both Commuter Authority B and Commuter Authority C, and C had more accessible cars available than B, Amtrak would borrow C's accessible cars before it borrowed inaccessible cars from B. Eleven commenters (eight disability community commenters, Amtrak and one other transit provider, and one state or local agency working on disability matters) favored the NPRM approach. WebReasonable accommodations also include any structural changes that may be necessary. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. 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). In none of these cases did the platform edge have a detectable warning. * * * * *[FR Doc. 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