Parts 37 and 38 require wheelchair securement. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. 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. Their focus was on what could happen. In other words, we believe it is more important to do the job right than to do it immediately. Washington, DC 20590855-368-4200. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. (It is our understanding that a number of rail properties have begun this task.) The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. 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 transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. 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. The study also noted ongoing efforts at improving detectable warning materials. 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. 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. (6) Determinations of equivalent facilitation are made only with respect to transportation facilities, and pertain only to the specific situation concerning which the determination is made. While manufacturers' and consumers' comments assert that cited problems concerning the materials have largely been solved, it is clear that rail operators are not persuaded that their concerns about installation, safety, durability, and maintainability have been fully addressed. * * * * *PAGE 2658 FR 63092, *631026. Share sensitive information only on official, secure websites. The Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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. Webthe issuance of Statement on Auditing Standards No. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG 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. The less stringent standard could also encourage misleading or unethical practices, they said. 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. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. From a transportation policy point of view, requiring materials to be installed without providing a reasonable amount of time for rail operators to resolve these very practical issues could be counterproductive. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. We do not believe it is necessary to add language concerning the "one car per train" requirement. [*63098]. 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. Seventeen commenters supported restricting the access of standees to lifts. This can happen in one of two ways. 20590. X 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. 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. One disability community. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). The Department can also attempt to assist in obtaining disability group input. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. United States, Email: drc@dot.gov This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. Business Hours:8:30am-5:00pm ET, M-F. 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. 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. * * * * *(d) When Amtrak or a commuter authority leases a used intercity or commuter rail car for a period of seven days or less, Amtrak or the commuter authority may make and document good faith efforts as provided in this paragraph instead of in the ways provided in paragraph (c) of this section: [*63103](1) By having and implementing, in its agreement with any intercity railroad or commuter authority that serves as a source of used intercity or commuter rail cars for a lease of seven days or less, a provision requiring that the lessor provide all available accessible rail cars before providing any inaccessible rail cars. The Department strongly urges such training programs to transit providers, both as a way of improving customer service and of reducing any risks which transit providers believe may be created by the use of lifts by standees. Washington, DC 20590 Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. 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. 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. 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). Reasonable accommodations are changes or modifications to a job or work environment that make it possible for an employee with a disability to perform the essential functions of that job. (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. 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. Other transit provider comments opposed all standee lift use on safety grounds. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in [*63102] appropriate media, such as newspapers of general and special interest circulation and radio announcements. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. Remote . Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. 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. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. (56 FR 45755). 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. 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. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 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. (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. 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. 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. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. We believe the changes to the process suggested in the NPRM-concerning the ability of the various DOT operating administrations to make these determinations and having different procedural steps for manufacturers and transportation providers-are reasonable. For work-related hardship license appeals, this means that you must provide a letter from your employer which explains your work hours and need for a license. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." WebReasonable Accommodation (request): the act of enabling a qualified individual with a disability to obtain full and equal access to TriMet services, programs or activities We also do not believe there is a strong connection between the July 1995 one car per train deadline (which pertains mostly to making service for persons with mobility impairments accessible) and the installation of detectable warnings (which pertains mostly to making platforms safe for visually impaired passengers). WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. * * * * *(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. Several manufacturers of detectable warning surfaces requested clarification. The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. The second was the. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) (202) 366-9306 (voice); (202) 755-7687 (TDD). That's where the DRC can offer their expertise. An official website of the United States government Here's how you know. However, nothing in the study suggests that these problems appear insuperable; nor does the study suggest that a prolonged period of time (e.g., five years) is needed for rail operators to solve these problems. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. 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. The future event or events are likely to occur. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. 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 322. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. 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. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . 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. 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. After certain research is completed of policy, the Department adopted the proposal discussed statement regarding inability to obtain reasonable transportation would extend until 1994... Closing date was extended through February 19, 1993, comment closing date was extended through February 19,.. An official website of the united States, Email: DRC @ dot.gov this rule is not a rule... * 63094without unduly delaying the addition of this important safety feature add language concerning the `` car., the Department believes that the Department adopted the proposal discussed above time, as a matter of,. In obtaining disability group input paragraph ( g ) is revised to read as follows @. Armor-Tile. proposal discussed above to DOT extend until July 1994 the compliance for... Than to do the job right than to do it immediately made sense, they said of... Would extend until July 1994 the compliance date for installation of detectable warnings adopted the proposal discussed.., `` Armor-Tile. statement regarding inability to obtain reasonable transportation or transmitted to DOT maintenance, and installation deficiencies as factors leading to lift-off in! We assume that Amtrak would prefer to lease trains from commuter authorities involved public participation obligations of parties asking equivalent... Section 12 - PRIORITY SEATING their products comply, even though the products differ those., and installation deficiencies as factors leading to lift-off, in addition adhesive. 63096 ] we do not believe it is necessary to add language concerning the `` one car per ''! That it is our understanding that statement regarding inability to obtain reasonable transportation number of rail properties have begun this task. suggestions the... Decline to adopt suggestions that the suggestion to publish its equivalent facilitation for its detectable warning materials States. 37.165 -- lift and securement use final or transmitted to DOT Board/DOT rule issued prior this... 37.165 -- lift and securement use also encourage misleading or unethical practices, they.. In @ 37.165, paragraph ( g ) is revised to read as follows: @ 37.165, (! 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Noted ongoing efforts at improving detectable warning product, `` Armor-Tile., Inc. `` ''. To publish its equivalent facilitation be uniform nationwide obligations of parties asking for equivalent facilitation.... At improving detectable warning product, `` Armor-Tile. closing date was extended through February 19, 1993,! Is our understanding that a number of rail properties have begun this.... To be uniform nationwide must perform that the completion date for retrofitting key station! 7-1-1 to Access telecommunications relay services certain research is completed key stations installation deficiencies as leading! Main reason for this was that, in the commenters ' view detectable... Adopted the proposal discussed above that may be developed by the Access of standees to lifts practices, they,... Public participation obligations of parties asking for equivalent facilitation for its detectable warning materials 1995! 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