12101-12213); 49 U.S.C. Other transit provider comments opposed all standee lift use on safety grounds. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. In none of these cases did the platform edge have a detectable warning. 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. It also mentioned a technical safety concern relating to the interface of the detectable warning strip and the yellow safety stripe at the platform edge. Further, 49 CFR 37.7 and 37.9 establish a procedure through which an entity may obtain a determination of equivalent facilitation for vehicles and facilities, respectively:For purposes of implementing the equivalent facilitation provision * * * a determination of compliance will be made by the (Federal Transit) Administrator or the Federal Railroad Administrator, as applicable, on a case-by-case basis. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and 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. 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. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. 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. 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. 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. 57 0 obj <>stream Business Hours:8:30am-5:00pm ET, M-F. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. 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. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. 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 authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. In other words, we believe it is more important to do the job right than to do it immediately. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." %PDF-1.5 % This means, of course, that detectable warnings were to be in place by that date. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. 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. A disability community commenter objected to the "to the extent practicable" clause for rail systems. INTRODUCTION. 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. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. 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. Web(7) Eligibility. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. Days. If there are conductors or other transit personnel present in the passenger compartments, they would make the request when they saw a situation calling for it. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. An official website of the United States government Here's how you know. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. The discussion below pertains to this timing issue. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. 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. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. 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. 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. Secure .gov websites use HTTPS The FTA never intended its letters to be used as product endorsements or certifications of compliance. II. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. 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. * * * * *PAGE 2658 FR 63092, *631026. 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. The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. Seventeen commenters supported restricting the access of standees to lifts. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. 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 In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. 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. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. DREDF also alluded to a DOT study which found that standees could use lifts successfully. 1200 New Jersey Avenue, SE 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. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. hb``g`` 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. United States, Phone: 888-446-4511 Two commenters suggested that, when possible, the driver seat disabled passengers on the right side of the bus, so that the driver could see if a passenger had problems with the securement device or needed a stop announcement. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. 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. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. * * * * *7. 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. What If I Want Interpreting Services Or Other Ongoing Supports? 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. Web1. 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 Nations transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19. 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. Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor spacePAGE 2858 FR 63092, *6310348 inches by 30 inches. 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. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." 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. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. Detectable warnings can prevent that last mistaken step. 10. Frequently (e.g., at holiday times or other high-demand periods), Amtrak must obtain additional cars from nearby commuter rail authorities on short notice for a short period of time. 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). (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) 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