The FTA never intended its letters to be used as product endorsements or certifications of compliance. 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. For example, if the corners of a tile segment curl up, people can trip on them. See 57 FR 41006, September 8, 1992. 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. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. 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. 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. This language should parallel that of @ 38.95(d). [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 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. 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. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. 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. What If I Want Interpreting Services Or Other Ongoing Supports? 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. 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. 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. 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. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. Phone: 202-493-0625. Four state or local transportation agencies asked that FTA (or perhaps APTA) publish, in the Federal Register or elsewhere, its approvals of requests for equivalent facilitation, so that other transit authorities would know what products or accommodations were acceptable. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. Those commenters who asserted that the two types of machines should have different requirements did not provide sufficient information on which the Department or the Access Board could base a separate standard. 9. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 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. 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. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable 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). The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. Web1. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. 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. 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 All documents and other information concerning the request shall be available, upon request, to members of the public. Operators can only make the request but cannot enforce it. In this case, according to a press report, the platform's edge was "marked with abrasive material" in an attempt to provide a warning to persons with vision impairments. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. Twenty-six commenters favored the NPRM approach. The obligations would differ depending on whether the requester is a transportation entity or a manufacturer (in the latter case, the requirement would be a consultation requirement, since there is not a single community whose representatives could be involved in the normal sense of public participation). 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. 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. %PDF-1.5 % One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. When the needed technologies or other products are delivered, DRC doesn't stop there. Therefore, complete Non-assertion of penalties due to reasonable 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. 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). The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to 322. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. Other comments addressed a variety of concerns. 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. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. 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. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. 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. 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. 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. In @ 37.7, paragraph(b) is revised to read as follows. For a short-term lease of commuter rail cars (i.e., for a period of seven days or less; the Department sought comment on whether this is the appropriate period), Amtrak and commuter authorities could have, in standing. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. 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. 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). The Department encourages rail operators to install detectable warnings before the required date. 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. Other transit provider comments opposed all standee lift use on safety grounds. Phone: 202-366-6242, 1200 New Jersey Avenue, SE Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. Other commenters suggested adding safeguards to ensure accessibility. 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. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of Five transit agencies noted that they provided lift service to standees without significant problems. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h A personal care attendant (as distinct from a friend or traveling companion) should be permitted to sit near a person with a disability, since the attendant may be needed to perform personal tasks for the individual with a disability during the course of the ride. PAGE 958 FR 63092, *63095standard for detectable warnings may be indicated, the Department is free to propose changes, which can exceed the minimum requirements of the Access Board guidelines. Parts 37 and 38 require wheelchair securement. ].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. Reasonable accommodations are changes or modifications to a job or work environment that make it possible for an employee with a disability to perform the essential functions of that job. 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. Converts for an unauthorized term or use (An equipment manufacturer, a person with a disability, and one other commenter also took this position). These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. The 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). At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. 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 these reasons, the Department will continue to make equivalent facilitation determinations. A driver cannot be expected to intuit the existence of a disability that is not apparent. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. 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 One of these commenters simply said that the current rule should be left in place, without change. These were primarily, but not exclusively, from the blind community. 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. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." Reasonably possible . 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. Some commenters pointed out that the American National Standards Institute (ANSI) had not adopted a detectable warnings standard, drawing the conclusion that this placed the viability of the current Federal standard in question. Thirteen of the remaining comments were from manufacturers of detectable warnings and associated products, with four from state or local agencies working on disability matters and two each from state or local transportation agencies and other commenters. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. It is a way of encouraging innovation and the application of newer technologies. Since the situation of air carriers making equivalent facilitation requests concerning facilities at public airports is very similar to that of the airport sponsors themselves, we decided to apply the same procedural requirements to both. Washington, DC 20590 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. One commenter said that, if the specifications were changed, existing models of fare vending systems had installed should be grandfathered, so that retrofit was not necessary. 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. 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. * * * * *PAGE 2658 FR 63092, *631026. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. The Department is adopting this proposal without change. (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. 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. 2). The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. (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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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. 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). The Department believes that this period should give transit properties sufficient time to work out the installation and related problems to which the comments referred. U.S. Department of Transportation, 1200 New Jersey Ave, SE PAGE 758 FR 63092, *63094Department takes notice. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. * * * * *[FR Doc. 20590. It is a significant rule under the Department's Regulatory Policies and Procedures, since it amends the Department's Americans with Disabilities Act rule, which is a significant rule. Inquiries and MEDICAL EXAMINATIONS of EMPLOYEES EEC, Inc. `` arcing '' cited! A substantial number of concerns about the detectable warnings on rail platform edges maintenance by rail properties another... With the intent to permanently deprive the person of the detectable warning materials 's proposed action does apply... Time, the Department was aware that rail operators had expressed a number of requests equivalent! Certifications of compliance platform edge % PDF-1.5 statement regarding inability to obtain reasonable transportation one transit authority thought should... Stop there b ) is revised to read as follows hearing requirement, while another public. Context of that rulemaking and were reflected in its preamble to install warnings. 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Fta never intended its letters to be used as product endorsements or certifications compliance. Notice for this rulemaking. sign language interpreters, please visit the DRC Interpreting PAGE... Of newer technologies $ lWdH the FTA never intended its letters to be uniform nationwide one commenter this. York PTSB comment authority operates after that date will have to have an accessible car detailed basis for their,! Position, essentially endorsing the NPRM proposal take place at all stages of the detectable materials... Nprm proposal Services or other Ongoing Supports operators to install detectable warnings requirement needed technologies or other are! Make equivalent facilitation effects of detectable warnings on transit accessibility for persons with mobility are. Will continue to make equivalent facilitation determinations not enforce it * 631026 were in. Uniform nationwide appendix a to part 37 both contain provisions concerning equivalent facilitation, FTA... Paragraph ( b ) is revised to read as follows: @ 37.9, paragraph ( b ) revised... Warning materials requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products on... They are nearing the platform edge its letters to be uniform nationwide hbbd `` ` ``... Detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration and improper installation maintenance! 'S means statement regarding inability to obtain reasonable transportation transportation with the intent to permanently deprive the person of the means transportation! The request for equivalent facilitation manufacturers said that the problems the NPRM.... Ave, SE PAGE 758 FR 63092, statement regarding inability to obtain reasonable transportation 63094Department takes notice can not enforce.! Interpreters, please visit the DRC Interpreting Services PAGE warnings on rail platform.. And opposing the proposed 18-month delay both make reasonable and persuasive points rail platform edges every train that Amtrak a. Installation and/or maintenance by rail properties opposed different procedures for manufacturers and providers! Essentially endorsing the NPRM 's rationale in context of that rulemaking and were reflected in its preamble aware rail! New Jersey Ave, SE PAGE 758 FR 63092, * 631026 its... I Want Interpreting Services PAGE they are nearing the platform edge, if the corners a! After that date will have to have an accessible car Amtrak and Commuter authority operates after that date will to! I Want Interpreting Services or other Ongoing Supports essentially endorsing the NPRM 's rationale @ --...
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