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. Another transit property also asked for a 5-year delay, while a third suggested making the requirement effective in July 1995, to coincide with the one-car-per-train requirement. 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. X 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. The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life Webthe issuance of Statement on Auditing Standards No. 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 bulk of these-388 comments-were from individuals with disabilities or organizations representing them. Washington, DC 20590855-368-4200. A disability community commenter objected to the "to the extent practicable" clause for rail systems. This extension applies only to detectable warnings. One disability community commenter and one state or local agency working on disability matters recommended that, regardless of other considerations, each train always have at least one accessible car (after July 1955, presumably). 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. 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. (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. 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. 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. 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. 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. 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. 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 ability to gather this information is an additional reason for providing the extension. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." Their focus was on what could happen. Many of these letters appeared to be generated by a. 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. Commenters also asked for more clarification or guidance on certain subjects. (202) 366-9306 (voice); (202) 755-7687 (TDD). In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. Web1. 12. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. 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. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) The FTA will oversee such mechanisms as part of the triennial review process. 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. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and 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). 4. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. 20590. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 Share sensitive information only on official, secure websites. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. The study affirms the excellent detectability of materials meeting Federal standards. Detectable warnings can prevent that last mistaken step. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. 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. 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. (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 main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. Web(7) Eligibility. Official websites use .govA .gov website belongs to an official government organization in the United States. (It is our understanding that a number of rail properties have begun this task.) The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. 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. 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. 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 Official websites use .govA .gov website belongs to an official government organization in the United States. 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). 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. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. A transit provider said that, in case the Access Board changed its standard, detectable warnings that had been installed in the meantime should be grandfathered. (4) In the case of a request by a manufacturer or a private entity other than an air carrier, the manufacturer or private entity shall consult, in person, in writing, or by other appropriate means, with representatives of national and local organizations representing people with those disabilities who would be affected by the request. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. 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. Other comments addressed a variety of concerns. In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. 2. drc.interpreters@dot.gov However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. Such spaces shall adjoin, and may overlap, an accessible path. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. 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. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. Comments mentioned successful experiences with detectable warnings in some systems. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. Since the FTA issued these letters, the Access Board published Bulletin # 1 in May 1992, clarifying many of the ambiguities left by its original guidelines and containing a diagram illustrating the pattern prescribed for detectable warning surfaces. II. Nine of these were state or local transportation agencies, four were disability community commenters, and one was a state or local agency working on disability matters. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H 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. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. 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. 0 An official website of the United States government Here's how you know. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. Phone: 202-366-6242, 1200 New Jersey Avenue, SE Rail properties need to begin working now with manufacturers and construction contractors to ensure that materials are installed in the way that best serves everyone's interest in adhesion, durability, and maintainability. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. Operators can only make the request but cannot enforce it. This "ask, don't tell" approach should help to avoid confrontations and disruptions of service while resulting in seating being made available for passengers who need priority seating in the vast majority of instances. Given the urgency of the concerns expressed by disability community comments and the strong safety rationale for installing detectable warnings, the Department will not adopt the proposed 18-month extension, however. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. * * * * *. Mp[ The Department can also attempt to assist in obtaining disability group input. 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. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. 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. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. Also, if Amtrak could obtain cars for a particular area of its service from both Commuter Authority B and Commuter Authority C, and C had more accessible cars available than B, Amtrak would borrow C's accessible cars before it borrowed inaccessible cars from B. Eleven commenters (eight disability community commenters, Amtrak and one other transit provider, and one state or local agency working on disability matters) favored the NPRM approach. 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. 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. PAGE 958 FR 63092, *63095standard for detectable warnings may be indicated, the Department is free to propose changes, which can exceed the minimum requirements of the Access Board guidelines. 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. 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. We have some doubts about the practicality of providers carrying wheelchairs on their vehicles to use for standees who are trying to access a vehicle via the lift. 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. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. 12101-12213); 49 U.S.C. In the preamble to the final rule, the Department made the following comments on the origin of this provision: PAGE 1058 FR 63092, *63095In the NPRM, the Department neglected to discuss the use of lifts by standees, an oversight that was brought to our attention by a substantial number of disability community commenters. One transit agency asked that the rule state that non-disabled passengers do not have to get off the bus to let a disabled passenger on. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. 10. The uniformity considerations mentioned by commenters will be taken into account in this process. 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. The conclusion the Department draws from this study is that there are documented practical problems with the installation and maintenance of some detectable warning materials, which it is necessary for transit properties to address if their installation of detectable warnings is to be successful. 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. The Department encourages rail operators to install detectable warnings before the required date. (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. 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. The basic view of these commenters was that the proposed extension of the completion date was needed to address the concerns cited in the NPRM. 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