hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I Parts 37 and 38 require wheelchair securement. This product did not meet the original Access Board design requirement for detectable warnings. endstream endobj startxref Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. 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. 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. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. Priority seats are intended for people with disabilities in general; a seat near the front of the bus may be as important to a blind individual as to an individual with a mobility impairment. These commenters, while making clear their concern about safety, did not present any data or anecdotal information that would demonstrate that an actual safety problem existed. A driver cannot be expected to intuit the existence of a disability that is not apparent. Washington, DC 20590 These good faith efforts are the same that apply to purchases of used rolling stock (e.g., buses) by mass transit systems-an initial solicitation for accessible vehicles, a nationwide search for accessible vehicles, including advertising in trade publications and contacting trade associations. INDEX. (4) In the case of a request by a private entity that provides transportation services subject to the provisions of subpart E of this part or a manufacturer, the private entity or manufacturer 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. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. The DREDF comment asserted, first, that there was no documentation of actual safety problems-data or even anecdotes-necessitating a restriction on the kinds of lifts that standees should be allowed to use. 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. 57 0 obj <>stream The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. 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. 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. To permit a transportation provider to exclude a category of persons with disabilities from using a device that provides access to a vehicle on the basis of a perceived safety hazard, absent information in the rulemaking record that the hazard is real, would be inconsistent with the statute (c.f., the discussion of the transportation of three-wheeled mobility devices in the preamble to the Department's September 6, 1991, final ADA rule (56 FR 45617)). If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. 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). @ 38.113 -- [Amended] 11. (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. That's where the DRC can offer their expertise. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. For safety and liability reasons, they would prefer not to carry standees on such lifts. 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. In other words, we believe it is more important to do the job right than to do it immediately. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. This was due, in part, to the absence of a diagram illustrating the required pattern. * * * * *(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. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of part 38 of this subtitle 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 part 38 of this subtitle; and(v) Documentation of the public participation used in developing an alternative method of compliance. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. 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. Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. * * * * *. Other comments addressed a variety of concerns. 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. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of 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 FTA will oversee such mechanisms as part of the triennial review process. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. 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. If the entity chooses not to allow such individuals to use such a lift, it shall clearly notify consumers of this fact by signage on the exterior of the vehicle (adjacent to and of equivalent size with the accessibility symbol). WebPeople with disabilities are more likely to have income of less than $15,000 compared to people without disabilities (22.3% compare to 7.3%). The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. (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. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. If the technical standard changes at this or any future point, the Department could, in appropriate situations, apply the grandfathering provision in the Department's ADA rule (49 CFR 37.9) to avoid making rail operators re-install detectable warnings meeting the revised standard. Documentation Requirements. Read Liz's story. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. The Department can also attempt to assist in obtaining disability group input. Under the present rule, except where the Department has extended time for completion of modifications to a key station, rail operators had to make key stations accessible by July 26, 1993. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. 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. Reasonably possible . 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. The equivalent facilitation sections for vehicles and facilities are basically parallel. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. 322. 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). 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). The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. 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 statement of the eligibility requirements for coverage including: (A) The condition under which dependent enrollees may be added to those originally covered; (B) Any limiting age for enrollees and dependents, including effects of Medicare eli-gibility; and (C) A clear statement regarding the cover-age of newborn children. This will inform passengers that such a request may be made and that they should comply. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. 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. Phone: 202-366-6242, 1200 New Jersey Avenue, SE Given the differences between the bus and rail contexts, and the specific requirements that the ADA applies to rail, it does not seem appropriate to apply the "don't diminish fleet accessibility percentage" rule to this situation. The discussion below pertains to this timing issue. Again, I must emphasize he needs to be reasonably sure and NOT 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 FTA never intended its letters to be used as product endorsements or certifications of compliance. 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. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable The fourth change clarifies the responsibility of transit providers to make seat or wheelchair securement space available to people who need it: The fifth amendment would reflect a recent statutory change in the name of the Department's transit agency from the Urban Mass Transportation Administration (UMTA) to the Federal Transit Administration (FTA). Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. endstream endobj 11 0 obj <> endobj 12 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> endobj 13 0 obj <>stream * * * * *, 8. 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. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. 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). 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. What If I Want Interpreting Services Or Other Ongoing Supports? 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. 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. 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. To clarify this point, the NPRM proposed adding to @ 37.167 a new paragraph spelling out this obligation, which would apply to private as well as public transportation entities. (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. Mobility aid spaces persuasive points, to the absence of a diagram illustrating the pattern... Hearing, or have a speech disability, please dial 7-1-1 to Access telecommunications relay services to reasonable! 0 obj < > stream the bulk of these-388 comments-were from individuals with disabilities organizations... 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