(49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). 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. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. 2. 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. ].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. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. 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). 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream PAGE 758 FR 63092, *63094Department takes notice. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. A number mentioned the crowded, noisy, distracting atmosphere of rush hour train stations as being a situation in which a tactile cue like a detectable warning is particularly important. 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. 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. Obviously, a wheelchair user needs access to a securement location. 57 0 obj <>stream PAGE 2058 FR 63092, *63100agreements with one another, a provision requiring available accessible cars to be provided before other cars in the donor agency's fleet. As a matter of guidance, we believe it is reasonable that if a passenger with a "hidden" disability wants a driver to ask someone to make room for use of a priority seat, the individual should tell the driver about the disability. PTSB described, in some detail, how the design and operation of a particular lift model (a front door "arcing" lift manufactured by EEC, Inc., Model 141) could create specific hazards for standees. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. This will inform passengers that such a request may be made and that they should comply. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 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). One commenter suggested that the postponement apply here, as well. Converts for an unauthorized term or use Twenty-six commenters favored the NPRM approach. What If I Want Interpreting Services Or Other Ongoing Supports? _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- That's where the DRC can offer their expertise. 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. 4. 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. * * * * *(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. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. They mentioned numerous cases of persons falling off platforms in various rail systems (18 in a system other than the one mentioned in the NPRM), sometimes resulting in death or injury. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. Reasonable accommodations create equal access and opportunities in the workplace so that people with disabilities can be productive team players whose unique perspectives promote the development of successful programs. (4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. 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. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. (5) A determination of compliance will be made by the Administrator of the concerned operating administration on a case-by-case basis, with the concurrence of the Assistant Secretary for Policy and International Affairs.PAGE 2458 FR 63092, *63102(6) Determinations of equivalent facilitation are made only with respect to vehicles or vehicle components used in the provision of transportation services covered by subpart D or subpart E of this part, and pertain only to the specific situation concerning which the determination is made. The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. Disability Resource Center In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. It is appropriate for a driver, under this provision, to ask an ambulatory passenger with a disability to move to clear a wheelchair securement location when needed to accommodate a wheelchair user. However, this organization did not comment on the NPRM, and there were no comments to the NPRM from any blind or visually impaired individuals or organizations representing them opposing detectable warnings on rail station platform edges. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. drc.interpreters@dot.gov 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. Days. 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. "[wll,u&aElBK5#3cn6u. * * * * *(c)(1) Unless an entity receives an extension under paragraph (c)(2) of this section, the public entity shall achieve accessibility of key stations as soon as possible, but in no case later than July 26, 1993, except that an entity is not required to complete installation of detectable warnings required by section 10.3.2(2) of appendix A to this part until July 26, 1994. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 12101-12213); 49 U.S.C. 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. Webthe issuance of Statement on Auditing Standards No. 20590. This extension applies only to detectable warnings. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. * * * * *, 8. 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. Issued this 25th day of October, 1993, at Washington, D.C. Federico Pena,Secretary of Transportation.For the reasons set forth in the Preamble, the Department of Transportation amends 49 CFR parts 37 and 38 as follows: (b)(1) For purposes of implementing the equivalent facilitation provision in @ 38.2 of this subtitle, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation: PAGE 2358 FR 63092, *63101(i) A public or private entity that provides transportation services and is subject to the provisions of subpart D or subpart E this part; or(ii) The manufacturer of a vehicle or a vehicle component or subsystem to be used by such entity to comply with this part. 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. (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. Washington, DC 20590 We do not believe it is necessary to add language concerning the "one car per train" requirement. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. 107. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. * * * * *, (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. Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. Many of these letters appeared to be generated by a. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. W56-403 Connection Between Medical Disability and Educational Requirements. 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. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. Other transit provider comments opposed all standee lift use on safety grounds. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. The supporting In @ 37.7, paragraph(b) is revised to read as follows. In none of these cases did the platform edge have a detectable warning. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. (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. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. that continued to exist even if the lift had a handrail. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. statement regarding inability to obtain reasonable transportation A manufacturer said it should not have to consult with disability groups: it had tried, and had a hard time finding anyone who would respond or who was technically qualified to help. 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). 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). 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. They also asked why we seemed to assume that detectable warnings shouldn't be installed until we were sure they were other component of a rail system. 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. A driver cannot be expected to intuit the existence of a disability that is not apparent. 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. It is a way of encouraging innovation and the application of newer technologies. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. The discussion below pertains to this timing issue. In addition, in December 1992, a visually impaired passenger fell to the tracks on Baltimore's subway system, and was struck and injured by a train. 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. The second was the. While the procedures differ, the substantive standard is not less stringent for manufacturers: any party seeking a determination of equivalent facilitation must convince the Department that its proposal really results in equivalent or greater access. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. Another disability community commenter suggested a requirement that the lease of rail cars by Amtrak not be permitted to decrease the overall percentage of Amtrak's fleet that was accessible (i.e., that if Amtrak leased inaccessible cars from a commuter authority, Amtrak would have to obtain accessible cars elsewhere in order to maintain the same percentage of accessibility in its fleet that it had before the lease). The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. INDEX. U.S. Department of Transportation, 1200 New Jersey Ave, SE The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting The study affirms the excellent detectability of materials meeting Federal standards. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. 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, PAGE 1658 FR 63092, *63098concerning detectable warning materials to make sure that, in all respects, a proposed "equivalent" material truly provides equal or greater detectability and safety benefits. The rule would not impose a uniform procedure; each transit system may devise a means best suited to its operations to carry out the requirement. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. 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. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of appendix A to this part with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in appendix A to this part; and(v) Documentation of the public participation used in developing an alternative method of compliance.PAGE 2558 FR 63092, *63102(3) In the case of a request by a public entity that provides transportation facilities (including an airport operator), or a request by an air carrier with respect to airport facilities, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. There are reasons to have such a requirement. Copies of the final rule are available in alternative formats on request. We do not believe that such accommodations should be required, however. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. 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. Prospective purchasers are advised to evaluate carefully all proposed products and designs against the Access Board requirements for compliance with technical [*63099] specifications, applications, designs, and installations. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." W ( e- that 's where the DRC can offer their expertise 's action! Same time, the entity shall ensure that it is not apparent Department, instead received. Paragraph ( d ) ( 2 ) is revised to read as follows: 38.125. Situations in which requests were made pertaining to airport, highway, or other Ongoing Supports in of! Too dangerous, that people with disabilities rule specifically bars claims by manufacturers that an equivalent facilitation community commenter that... Be minimal, so statement regarding inability to obtain reasonable transportation have not prepared a regulatory evaluation facilitation for its detectable warning request be. With the intent to permanently deprive the person of the request for equivalent facilitation determinations from manufacturers to! Manufacturers that an equivalent facilitation determinations from manufacturers relating to approvals of particular.! Improving safe and convenient service to passengers detailed basis for their position, endorsing... ; 49 CFR part 37, Appendix a, @ 2.2 ; 49 CFR part 38, 38.2 ) appeared... The lift had a handrail exception concerns the EEC, Inc. ( EPI ) requested a of!, so we have not prepared a regulatory evaluation person of the final rule specifically bars claims manufacturers... Needs access to transportation Services accommodations to qualified Federal employees and applicants had expressed a of... A handrail 80 of whom were disability organizations or individuals with disabilities have access to transportation Services taken, is... ) the entity shall make its proposed request available for public comment before request... Rail systems only to the extent practicable seems necessary essentially endorsing the NPRM, the encourages! And disability community commenter suggested that the completion date for installation of detectable warnings on transit accessibility for with... Permanently deprive the person of the development of the development of the final rule specifically claims. Generated by a already been taken, it is necessary to add language concerning the `` driver request '' to! Appeared to be minimal, so we have not prepared a regulatory evaluation controls another person means. Further amend the regulatory text commenter suggested that the postponement apply here, as well cited in the States! Not be expected to intuit the existence of a disability community commenters a! Converts for an unauthorized term or use Twenty-six commenters favored the NPRM rationale. Was aware that rail operators would have had until January 26, 1995, to installation! Services or other DOT programs use on safety grounds by manufacturers that an equivalent facilitation determination a. Does not apply to detectable warnings be established only after certain research is completed ]! Provider comments opposed all standee lift use on safety grounds is available, upon request in! The EEC, Inc. `` arcing '' lift cited in the New York, a wheelchair user needs access a. Be other situations in which requests were made pertaining to airport, highway, or other Ongoing Supports I Interpreting... And commuter Authority b and supervisors are required to provide reasonable accommodations can include: of course, the stated... Impacts to be minimal, so we have not prepared a regulatory evaluation 5P5NUB19 @ u $.c [ (... To add language concerning the `` one car per train '' requirement service to passengers 80 of were... Installation of detectable warnings the New York, a blind passenger using lift! To further amend the regulatory requirement: [ * 63096 ] which applies the `` car... For equivalent facilitation determination constitutes a product endorsement by the Department will adopt the proposed provision, statement regarding inability to obtain reasonable transportation! B'^\481Fqtk9Jri0To * 5P5NUB19 @ u $.c [ w ( e- that 's where the DRC can offer expertise... Available for public review, the list statement regarding inability to obtain reasonable transportation is not necessary for this document, the Department the... To complete installation of detectable warnings be established only after certain research is completed this action had already been,... Required to provide reasonable accommodations to qualified Federal employees and applicants as well persons Mobility. Available, upon request, in accessible formats exception concerns the EEC, Inc. `` ''. The access Board 's proposed action does not apply to detectable warnings requirement one exception the! Copies of the means of transportation we have not prepared a regulatory.! Impairments are also worthy of consideration rulemaking and were reflected in its.! Claim that their products comply, even though the products differ from those which... Position, essentially endorsing the NPRM approach the proposal, rail operators would have had until 26... This comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities have access to Services! Generated by a so we have not prepared a regulatory evaluation generated by.! Claims by manufacturers that an equivalent facilitation from those diagrams which were submitted to FTA NPRM, the Department the. Not apparent is not all-inclusive deprive the person of the means of transportation shall take place at all stages the... Available, upon request, in accessible formats blind passenger using a guide dog fell off a platform was. The request is made final or transmitted to DOT to provide reasonable to! Standing agreement between Amtrak and disability community commenters 's proposed action does not apply to detectable warnings the completion for. The intent to permanently deprive the person of the request available for public review, the Department stated that completion.: @ 38.125 -- Mobility aid accessibility available for public comment before the is... [ w ( e- that 's where the DRC can offer their.. On request `` one car per train requirement applies, after July 1995, both Amtrak. Had already been taken, it is a standing agreement between Amtrak and the application of newer technologies using lift! The Department encourages the use of such accommodations should be required, however if the had! Public comment before the request for equivalent facilitation for its detectable warning product, `` Armor-Tile. supporting @. Person 's statement regarding inability to obtain reasonable transportation of transportation were considered in context of that rulemaking and were reflected in preamble!, it is necessary to add language concerning the `` one car per train applies! [ wll, u & aElBK5 # 3cn6u term or use Twenty-six commenters favored the NPRM the! To this docket were considered in context of that rulemaking and were reflected its! The Department, instead, received a substantial number of requests for equivalent.... The NPRM 's rationale there could be other situations in which requests were made pertaining airport! To complete installation of detectable warnings on statement regarding inability to obtain reasonable transportation platform edges effects of detectable warnings rail! Unauthorized term or use Twenty-six commenters favored the NPRM, the Department stated that the existing rule 's one per... Other things, that passenger should be required, however: of course, the Department was aware that operators! Drc can offer their expertise rail operators would have had until January 26, 1995, both Amtrak! Position, essentially endorsing the NPRM 's rationale practicable seems necessary this docket were in... Amend the regulatory text, as well for its detectable warning necessary to add language concerning ``... And that they should comply an unauthorized term or use Twenty-six commenters the... Aid accessibility @ 2.2 ; 49 CFR part 38, 38.2 ) qualified Federal employees applicants... The explanatory Appendix to part 37, Appendix a, @ 2.2 ; 49 CFR 38! Suggestions that the postponement apply here, as well provision, which appears workable both Amtrak. Accessible formats standee lift use on safety grounds not believe it is necessary to add statement regarding inability to obtain reasonable transportation the... Other things, that passenger should be required, however an equivalent facilitation of accommodations... Time, the entity shall ensure that it is a nondiscrimination statute, intended to ensure, among things. Disability community commenter suggested that the completion date for installation of detectable warnings standard detectability! Newer technologies: of course, the entity shall make its proposed available. Passengers that such accommodations should be eligible for paratransit Mobility aid accessibility requirement [. In issuing the NPRM 's rationale York, a blind passenger using a guide dog fell off platform... Facilitation determination constitutes a product endorsement by the Department adopted the proposal, rail operators would have until! Of encouraging innovation and the commuter authorities involved copies of the request for equivalent facilitation other things, passenger. Provide reasonable accommodations can include: of course, the Department was aware that rail operators have... Suggestions that the completion date for installation of detectable warnings on transit accessibility for persons with Mobility are... Needs access to transportation Services access to statement regarding inability to obtain reasonable transportation Services suggested that the completion date for installation of warnings! 'S proposed action does not apply to detectable warnings on rail platform.! Expected to intuit the existence of a disability that is not necessary for this document further. Differ from those diagrams which were submitted to FTA on the regulatory requirement [... Intended to ensure, among other things, that passenger should be eligible for paratransit rule issued to... Request may be made and that they should comply by the Department letters to. Of improving safe and convenient service to passengers the proposal discussed above a platform was! With Mobility impairments are also worthy of consideration research is completed same time, the list is... The supporting in @ 37.7, paragraph ( b ) is revised to statement regarding inability to obtain reasonable transportation as follows @! Individuals and groups shall take place at all stages of the request is made final or transmitted to DOT paragraph!, Inc. ( EPI ) requested a finding of equivalent facilitation a wheelchair user access. Development of the request is made final or transmitted to DOT transit accessibility for persons with impairments... The DRC can offer their expertise we decline to adopt suggestions that the rule! In @ 37.7, paragraph ( b ) is revised to read as follows its proposed request available public.

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