";s:4:"text";s:38126:"According to a press report of the incident, the individual asserted that, had a detectable warning strip been in place, her fall would have been prevented. %%EOF
A transit authority and an "elderly and handicapped" advisory committee sought assurance that transit authorities and advisory committees, respectively, would be part of the public participation process. For example, a petition that the Access Board and the Department received, prior to the issuance of the NPRM, from several rail operators cited what they called "extraordinary costs" and unanswered questions about the materials' "durability, maintainability * * * safety, and usability by persons with visual and mobility impairments." WebIf the auditor believes that the financial statements are notfairly stated or is unable to reach a conclusion because of insufficient evidence, the auditor A) should withdraw from the engagement. 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. See 57 FR 41006, September 8, 1992. Doing so will increase the likelihood that, when installed, detectable warnings do their intended job well without creating unnecessary problems for either passengers or transit providers. We do not believe that such accommodations should be required, however. The Department believes that the Access Board proposal, which focuses on the reach range requirements for ATMs, is reasonable for fare vending machines as well. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. Several manufacturers of detectable warning surfaces requested clarification. The Department believes that one commenter's concerns about the relationship of the yellow safety strip or "bumpers" (i.e., strips of material along the outward-facing edges of platforms to protect the rail cars and platform edges from abrasion) on some of its platforms can be addressed successfully without regulatory change, and the Department will work with rail operators to that end. INTRODUCTION. 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. Four transit agencies went further, asserting that standees should be permitted to use only those buses that fully meet the requirements of 49 CFR part 38 (the Department's ADA vehicle standards). (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. %PDF-1.5
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This extension applies only to detectable warnings. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. * * * * *. 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. These situations, some of which were recounted by fall victims themselves in detail, were in addition to cases in which visually-impaired passengers almost fell off, or had become very fearful of walking on, rail station platforms. The latter group of commenters said that, in a vehicle that did not meet part 38 standards, there were safety concerns relating to door height, smoothness of operation etc. 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. 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. Such spaces shall adjoin, and may overlap, an accessible path. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. The Department encourages rail operators to install detectable warnings before the required date. 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. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of 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. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. Bulletin # 1 also contains a list of products which are claimed by their manufacturers to meet the technical specifications for detectable warnings, but the Access Board neither reviews products for compliance nor certifies the suitability of such products or systems for the purposes for which they are intended. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. "[wll,u&aElBK5#3cn6u. Finally, the need of transit properties for time to determine which specific detectable warning product is best for their systems and to go through their procurement processes is reasonable to take into account. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. However, the ADA regulation is in Subchapter I of that Title. One disability community. 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). If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. Lifts meeting Access Board standards will have handrails. 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. 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. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. Share sensitive information only on official, secure websites. Secure .gov websites use HTTPS (j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H Receive email updates about the latest in Safety, Innovation, and Infrastructure. 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. Reasonably possible . 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. 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. (3) In the case of a request by a public entity that provides transportation services subject to the provisions of subpart D of this part, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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. endstream
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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). Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 Other commenters suggested adding safeguards to ensure accessibility. The 1991 study referred to by a commenter ("Innovative Solutions for Disabled Transit Accessibility" Thomas J. McGean, October 1991) evaluates detectable warning materials that had been installed up to that time. The second was the. This will inform passengers that such a request may be made and that they should comply. The Department can also attempt to assist in obtaining disability group input. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. All documents and other information concerning the request shall be available, upon request, to members of the public. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. Washington, DC 20590 Current products (including some developed. (202) 366-9306 (voice); (202) 755-7687 (TDD). The equivalent facilitation sections for vehicles and facilities are basically parallel. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. 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). 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. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. There were several suggestions for refining the NPRM proposal, some of which came from some of the same commenters who endorsed the proposal in general. W56-403 The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). This was due, in part, to the absence of a diagram illustrating the required pattern. For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. 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. Business Hours:8:30am-5:00pm ET, M-F. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. EFFECTIVE DATE: This rule is effective December 30, 1993. 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. 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. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) Virtually all commenters supported the proposal, agreeing with the rationale articulated above. Seven additional commenters favored longer delays. 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. 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. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. Five transit agencies noted that they provided lift service to standees without significant problems. 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. 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. 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). Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. hb``g`` 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. A disability community commenter suggested. DREDF also alluded to a DOT study which found that standees could use lifts successfully. The rule makes these corrections, which have no substantive effects. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. * * * * *(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. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. Documentation Requirements. Their focus was on what could happen. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. It said that while new products have been developed, they have not yet been independently tested. Nine transit agencies and one state or local agency working on disability matters suggested that the final rule require the driver to ask someone sitting in a priority seat to move, or to make good faith efforts to clear the seat, but not to have to enforce the request. 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. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . (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 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. This language should parallel that of @ 38.95(d). Rather, they went to the question of how best. 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. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. 4 Transportation barriers We agree with the commenters who suggested modifying the proposal to specify that drivers or other personnel on vehicles not be required to enforce a request for someone to move from a priority seat (e.g., by physically removing a recalcitrant passenger or parking the bus and calling the police.) (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) In the NPRM, the Department emphasized that its concerns were neither about the basic design of the [*63093] detectable warnings or their usefulness to people with vision impairments. 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. All documents and other information concerning the request shall be available, upon request, to members of the public. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. For example, if the corners of a tile segment curl up, people can trip on them. Consistent with requirements of the ADA discussed above, persons who use canes or walkers and other standees with disabilities who cannot readily climb steps into a vehicle must be permitted to use lifts. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. WebThe CPA performs procedures in order to obtain reasonable assurance (defined as a high but not absolute level of assurance) about whether the financial statements are free from material misstatement. The key point in the comments, from the Department's point of view, is the absence of information documenting a safety problem resulting from standees' use of lifts. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. Before the issuance of the NPRM, the Department of Transportation received a number of inquiries from transportation providers concerning whether the regulatory provision on standees applies to all existing bus lifts, or only to lifts meeting the requirements of 49 CFR part 38 (the Department's adoption as its standards of the Architectural and Transportation Barriers Compliance Board accessibility guidelines for vehicles). 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. 4. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . 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. The agreement would provide that when Amtrak borrowed cars from B, B would make available and Amtrak would take its accessible cars first, to the extent they are available (e.g., B would not have to provide cars that were in the repair shop or that it was impossible to make available for Amtrak's use in a timely fashion). Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. 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. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. Hours. For example, if a transit authority provides an on-board wheelchair for use by standees on lifts, the transit authority could not insist that a standee sit in the wheelchair in order to use the lift. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. * * * * *PAGE 2658 FR 63092, *631026. Section 37.87 of the Department's ADA regulation provides that when Amtrak or a commuter authority purchases or leases or used intercity or commuter rail car, it must either obtain an accessible car or demonstrate the good faith efforts it has made to do so. For these reasons, the Department will continue to make equivalent facilitation determinations. liquid watercolor michaels. There are reasons to have such a requirement. Days. One rail operator cited a 1991 study performed by a consultant for DOT that noted a number of problems that had occurred in early installations of detectable warnings. 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. Many of these letters appeared to be generated by a. The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. Official websites use .govA .gov website belongs to an official government organization in the United States. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. 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. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. * * * * *(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. 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