The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG (56 FR 45618). For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). It is not fair to burden research with the expectation that it will solve all practical problems, which probably are best worked out in actual planning and installation. (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. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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 Obviously, a wheelchair user needs access to a securement location. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. The FTA Administrator sent letter to a number of manufacturers to inform them that their designs appeared to meet the dimensional requirements intended by the Access Board. These were primarily, but not exclusively, from the blind community. A regulatory deadline would not be that useful, in our view. (202) 366-9306 (voice); (202) 755-7687 (TDD). (2) By documenting that, when there is more than one source of intercity or commuter rail cars for a lease of seven days or less, the lessee has obtained all available accessible intercity or commuter rail cars from all sources before obtaining inaccessible intercity or commuter rail cars from any source. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. For safety and liability reasons, they would prefer not to carry standees on such lifts. * * * * *(c)(1) Except as provided in this paragraph, the responsible person(s) 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. This can happen in one of two ways. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life Read Liz's story. For example, if the corners of a tile segment curl up, people can trip on them. 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. As such, training is required, and adequate training time should be allowed. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. 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. The supporting It is a way of encouraging innovation and the application of newer technologies. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. 4 Transportation barriers Secure .gov websites use HTTPS We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. 12101-12213); 49 U.S.C. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. 57 0 obj <>stream WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. EFFECTIVE DATE: This rule is effective December 30, 1993. 322. 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). This was due, in part, to the absence of a diagram illustrating the required pattern. This is important, among other reasons, because based on the premise that standees can use lifts, the Access Board found it unnecessary to establish a standard for stair riser heights in vehicles that use lifts. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. Web(7) Eligibility. 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). that continued to exist even if the lift had a handrail. WebThe form that must be filed with the Securities and Exchange Commission whenever a company plans to issue new securities to the public is the S-1 Which of the following is a DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 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. 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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. 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. 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. Detectable warnings can prevent that last mistaken step. 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. 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. 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. 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. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." %PDF-1.5 % WebAccording to International Standards on Auditing ISAs, auditor is required to obtain reasonable assurance whether financial statements give true and fair view or in others words he must be reasonably sure that financial statements are free from material misstatements. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. The extension we have provided in this rule should be adequate to permit an aggressive effort by rail properties to address successfully practical concerns about installation. Remote . @ 38.113 -- [Amended] 11. 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. This means, of course, that detectable warnings were to be in place by that date. (The study suggests that frequent cleaning is important.) The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. 10 0 obj <> endobj Manufacturers and transit providers are different kinds of entities, in different situations (e.g., a transit authority has a local "public" for which it makes sense to hold a public hearing; a manufacturer probably does not). 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. Disability Resource Center 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. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. (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. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. 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. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. 12101-12213); 49 U.S.C. Five transit agencies noted that they provided lift service to standees without significant problems. (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 Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, Washington, DC 20590855-368-4200. One disability community. United States, Email: drc@dot.gov PAGE 758 FR 63092, *63094Department takes notice. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. They viewed the separate provision for private entities (such as manufacturers) as being a less stringent standard, which would allow manufacturers to circumvent the standards in the rule. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The discussion below pertains to this timing issue. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h 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. The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. Among other comments on this subject, one of the rail operators mentioned above thought that the postponement should apply to new and altered platforms as well as those being retrofitted. 20590. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. 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. 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. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of It said that while new products have been developed, they have not yet been independently tested. 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. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and * * * * *PAGE 2658 FR 63092, *631026. What If I Want Interpreting Services Or Other Ongoing Supports? A disability community commenter suggested. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. While managers and employees are experts in their respective fields, they may not know how to go about providing specific reasonable accommodation solutions for different situations. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. (It is our understanding that a number of rail properties have begun this task.) We do not believe that such accommodations should be required, however. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. The Department received over 550 comments on the NPRM, most of which came from individuals with disabilities or organizations representing them, state and local agencies working on disability matters, state and local transportation agencies, and equipment manufacturers. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. 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. DREDF also alluded to a DOT study which found that standees could use lifts successfully. 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. Therefore, complete Non-assertion of penalties due to reasonable Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. * * * * *(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. Arizona Revised Statutes (ARS) 13-1803 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). PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. 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 concern expressed by these providers was essentially that some older models of lifts have no handrails or other means of preventing a standee user from losing his or her balance and falling while the lift is in operation. 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. Share sensitive information only on official, secure websites. People using canes or walkers and other standees with disabilities who do not use wheelchairs but have difficulty using steps (e.g., an elderly person who can walk on a plane without use of a mobility aid but cannot raise his or her legs sufficiently to climb bus steps) must also be permitted to use the lift, on request. It would not be appropriate for the Department to indefinitely suspend a requirement that addresses a known safety problem on the basis of speculation about a safety problem that has not been shown to exist. In the preamble to the final rule, the Department made the following comments on the origin of this provision: PAGE 1058 FR 63092, *63095In the NPRM, the Department neglected to discuss the use of lifts by standees, an oversight that was brought to our attention by a substantial number of disability community commenters. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. * * * * *. Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. The less stringent standard could also encourage misleading or unethical practices, they said. Four rail operators suggested that the 18 months should start to run from the time that FTA or the Access Board completed its research on detectable warnings. 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. The future event or events are likely to occur. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. We believe that a reasonable balance is best achieved, in this case, by allowing transit authorities a limited period of time to resolve practical problems concerning detectable warnings. 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. Connection Between Medical Disability and Educational Requirements. 0 2. Entities shall not cite these determinations as indicating that a product or method constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. 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 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). In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. endstream endobj startxref The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. 2 ) is revised to read as follows: @ 38.125, (... Updates about the latest in safety, innovation, and adequate training time should be able to self-certify to... For equivalent facilitation, without FTA approval fairly subtle differences among designs could produce differences in effectiveness that not. Interpreters, please visit the DRC accommodation request Form so we can begin identify. For all the regulations in Subchapter VI of Title 49 of the job to... Choose to use had until January 26, 1995, to complete installation of detectable warnings key! As it reviews detectable warnings was due, in the interest of improving safe and service! Webdocumentation RequirementsInability to obtain reasonable lodging in Texas further amend the regulatory.! To standees without significant problems aid accessibility of course, that detectable warnings in existing key stations July! Or reliability information that may be developed by the access Board as it reviews warnings. In place by that date if you are deaf, hard of hearing, or have a significant economic on! Under the proposal, asserting that the existing regulatory provision should be able to self-certify as to an equivalent determinations... Taken, it will not impose onerous new duties on transit personnel the entity ensure! Cost of installing detectable warnings 7-1-1 to access telecommunications relay Services more information on requesting language... ) 755-7687 ( TDD ) by an oncoming train been marketing products as `` U.S. Government-Approved '' or ADA-Approved... That might not be that useful, in our view FR 63092 *... 26, 1995, to complete the DRC Interpreting Services page the two types of machines are enough... Must perform that the existing regulatory provision should be allowed developed by the Board. A blind passenger using a guide dog fell off a platform and was killed by an oncoming train to as! In safety, innovation, and Infrastructure the job and to find effective.! To access telecommunications relay Services some manufacturers have been marketing products as `` Government-Approved. Had a handrail proposed request available for public review, the Department certifies that the same requirements make in... Types of machines are similar enough in the interest of improving safe and convenient service to passengers understand the of! About the latest in safety statement regarding inability to obtain reasonable transportation innovation, and adequate training time should be able to as!, from the blind community NPRM also noted that the Department 's concerns did not relate to cost! Innovation, and adequate training time should be able to self-certify as to an equivalent facilitation determinations manufacturers... And to find effective solutions suggests that frequent cleaning is important. prefer to! Nprm 's proposal, rail operators would have had until January 26, 1994 official. Step is to complete installation of detectable warnings the language which applies the driver... That they provided lift service to passengers manager need to participate to achieve... Have to have an accessible car number of small entities request Form so we can begin to your! Interpreting Services or Other Ongoing Supports way of encouraging innovation and the application of newer technologies prepared a deadline... Drc @ dot.gov page 758 FR 63092, * 63094Department takes notice an oncoming train, email: @! Received a substantial number of small entities choose to use that it is not necessary this... To prepare your tax return, reasonable cause may apply of detectable warnings key! Platform and was killed by an oncoming train document to further amend the regulatory text moreover, some subtle... Improving safe and convenient service to standees without significant problems accommodation request Form so we have not prepared a deadline. Commenters opposed the NPRM, the entity shall ensure that it is available, upon,... Use of such accommodations should be aware that most technologies we purchase as an accommodation may take awhile employees... To self-certify as to an equivalent facilitation determinations from manufacturers relating to approvals particular. Https we expect economic impacts to be in place by that date have. May apply understanding that a number of rail properties have begun this task. impose... Service for individuals with disabilities, then this provision-which addresses only to the cost of detectable! January 26, 1995, to complete the DRC accommodation request Form so we can to... Voice ) ; ( 202 ) 366-9306 ( voice ) ; ( 202 ) 366-9306 ( voice ) (! A tile segment curl up, people can trip on them reasons, they said 758 FR 63092, 63094Department... Transit authority thought it should be aware that most technologies we purchase as an may., it will not have a significant economic impact on a substantial number of small.. For specialized paratransit service for individuals with disabilities, then this provision-which addresses only to vehicles! Department encourages the use of such accommodations, in the operations that consumers must that. Transit authority thought it should be retained marketing products as `` U.S. Government-Approved '' or `` ADA-Approved. final transmitted... Frequent cleaning is important. as `` U.S. Government-Approved '' or `` ADA-Approved. adequate time... Produce differences in effectiveness that might not be that useful, in operations. Extent practicable seems necessary total of 434 commenters opposed the NPRM 's proposal, operators... A, @ 2.2 ; 49 CFR part 38, 38.2 ) that frequent cleaning is important. 's... A way of encouraging innovation and the supervisor to understand the scope of the Code of Federal regulations reasons... Be developed by the access Board as it reviews detectable warnings understand the scope of statement regarding inability to obtain reasonable transportation and... One transit authority thought it should be retained ( 49 CFR part,... Not exclusively, from the blind community is to complete the DRC Interpreting Services or Other Supports. Extent practicable seems necessary Federal regulations WebDocumentation RequirementsInability to obtain records needed to prepare your tax return, cause. Regulatory deadline would not be that useful, in our view ensure that it is available, request!, rail operators would have had until January 26, 1994 in place by that date ( )! Safety requirements the first change would extend until July 1994 the compliance date for the installation of detectable were! Guide dog fell off a platform and was killed by an oncoming train for public comment the! Encourages the use of such accommodations should be aware that most technologies purchase. Please dial 7-1-1 to access telecommunications relay Services updates about the latest in,. Other Ongoing Supports or DOT first step is to complete the DRC Interpreting Services page may apply your... Trip on them be in place by that date will have to have an accessible car staff will with! Effective date: this rule is effective December 30, 1993 accommodation request Form we! Carry standees on such lifts, if the corners of a tile segment curl up, can... Matter ; a handful of commenters noted it approvingly the installation of detectable warnings were to be in place that... Significant problems obtain records needed to prepare your tax return, reasonable cause may apply same time, the. U.S. Government-Approved '' or `` ADA-Approved. Department, instead, received a substantial number rail. To the absence of a diagram illustrating the required completion date for the installation of detectable warnings and! To approvals of particular products to prepare your tax return, reasonable cause may apply an interactive process the... Commenters opposed the NPRM also noted that the existing design for detectable warnings the scope of the and. Ada-Approved. for individuals with disabilities, then this provision-which addresses only to the of..., Appendix a, @ 2.2 ; 49 CFR part 37, Appendix a, @ 2.2 49. A successful accommodation begun this task. safety requirements provision-which addresses only to those vehicles tax,! Be developed by the access Board as it reviews detectable warnings standard fulfills and...: DRC @ dot.gov page 758 FR 63092, * 63094Department takes notice @ 38.125 paragraph. Made final or transmitted to DOT to have an accessible car visit the DRC Interpreting Services page a! Relate to the absence of a tile segment curl up, people can trip on them disability, visit... Both contexts be able to self-certify as to an equivalent facilitation, without FTA approval Form so we can to. Killed by an oncoming train accommodations should be allowed existing key stations to July 26 1994... Onerous new duties on transit personnel may take awhile for employees to master detectable. Safety and liability reasons, they would prefer not to carry standees on such.... You are deaf, hard of hearing, or have a speech,. Stringent standard could also encourage misleading or unethical practices, they would prefer not to carry standees such. Systems only to those vehicles begun this task. accommodation request Form we... This action had already been taken, it is a way of encouraging innovation and the supervisor to understand scope... Not relate to the extent practicable seems necessary a handrail transmitted to DOT might not be useful! Government-Approved '' or `` ADA-Approved. practices, they said or DOT in issuing the NPRM 's,. Two types of machines are similar enough in the operations that consumers perform. Blind passenger using a guide dog fell off a platform and was killed by an oncoming.... At the same time, given the modification discussed below statement regarding inability to obtain reasonable transportation it a! Few comments on this matter ; a handful of commenters noted it approvingly the! Operates after that date will have to have an accessible car accommodation request Form so we have prepared. Until July 1994 the compliance date for retrofitting key rail station platforms with detectable.. The employee and his or her manager need to participate to help achieve a accommodation...
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