(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. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. (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. A substantial number of commenters opposed the Department's proposal, asserting that the detectable warnings requirement, as written, should go into effect without any postponement. 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. Connection Between Medical Disability and Educational Requirements. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. 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). 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. 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. It is fair to conclude from comments to the rule that one of the consequences of having a serious visual impairment is the need to concentrate very hard on mobility and orientation matters that sighted persons handle routinely. * * * * *PAGE 2658 FR 63092, *631026. The second was the. 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. 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. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. However, it is not a condition to the Close of Escrow that Seller obtain Estoppel Certificates from those A-Tenants in excess of the Minimum Number of Estoppels. The Department stated in the NPRM that having an adequate detectable warning system to warn blind and visually impaired passengers that they are near a platform edge is a vital safety matter for these passengers. 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. 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. Four. DREDF also cited ADA legislative history favoring use of lifts by standees, the practices of some transit agencies which allow standees to use lifts, extra costs to paratransit systems if ridership on fixed route systems by standees were limited, and a general concern that ADA regulations' protections should not be weakened. In @ 37.7, paragraph(b) is revised to read as follows. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. 1200 New Jersey Avenue, SE Phone: 202-366-6242, 1200 New Jersey Avenue, SE Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. 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). If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. Even should the ultimate result of the Access Board's rulemaking process be to delete or modify the requirement for detectable warnings in other contexts, there would not be any inconsistency between the Access Board guidelines and DOT regulations, since the guidelines serve as minimum requirements that DOT may exceed in its standards. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). All documents and other information concerning the request shall be available, upon request, to members of the public. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I These concerns include the possibility of adhesive failures and "lift-off" (i.e., the corners of segments of the materials may come up) as well as durability. 10 0 obj <> endobj (202) 366-9306 (voice); (202) 755-7687 (TDD). A driver cannot be expected to intuit the existence of a disability that is not apparent. 9. 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. See 57 FR 41006, September 8, 1992. 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. 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. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. Official websites use .govA .gov website belongs to an official government organization in the United States. It is Island Transits policy that riders will be requested to yield priority seating at the front of the bus to the elderly and persons with disabilities. Phone: 202-493-0625. Entities shall not claim that a determination of equivalent facilitation indicates approval or endorsement of any product or method by the Federal government, the Department of Transportation, or any of its operating administrations. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. 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 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). 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). Receive email updates about the latest in Safety, Innovation, and Infrastructure. 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 particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. The Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. statement regarding inability to obtain If manufacturers or other parties have a problem in obtaining disability group input, they can document their efforts as part of their application for an equivalent facilitation determination. 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 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). (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. 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. 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. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. You need to document why you needed the missing records, and why they One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. 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. The Department will adopt the proposal, believing that requests by drivers that other passengers move from priority seats will assist in making transportation genuinely accessible for passengers with disabilities. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. 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). 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. This language should parallel that of @ 38.95(d). [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. 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. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. This is because the economic effects of the rule in general should be minimal; to the extent that the rule reduces costs (e.g., by delaying the requirement for completing the installation of detectable warnings), this beneficial effect will affect only large entities. _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- 0 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. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. WebReasonable accommodations also include any structural changes that may be necessary. Technology and product differentiation in the detectable warnings field does not stand still, and equivalent facilitation is an appropriate means to recognize evolution and innovation in these products. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. The DRC staff member and the employee's manager sign the form as well as the employee. Such spaces shall adjoin, and may overlap, an accessible path. * * * * *(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. II. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. * * * * *(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. WebTo request reasonable accommodations: Look at the vacancy announcement Work directly with person arranging the interviews Contact the agency Selective Placement Program Coordinator Contact the hiring manager and engage in an interactive process to clarify what the person needs and identify reasonable accommodations @ 38.113 -- [Amended] 11. 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. Operators can only make the request but cannot enforce it. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. 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. Lift-off problems were reported in some stations (for example, one BART station had a high lift-off rate, of about a third of tiles after 18 months, while other BART stations had low lift-off rates in the 1-10 percent range.) The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Federal Transit Administration (FTA). The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. * * * * *7. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. 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