An ambulatory person with a disability may be unable to stand for long periods, meaning that the person would be effectively denied access to transportation if he or she could not sit down on a crowded bus. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. The Department encourages rail operators to install detectable warnings before the required date. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. A driver cannot be expected to intuit the existence of a disability that is not apparent. The (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 Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." 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. 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.5. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). 10. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. Webthe issuance of Statement on Auditing Standards No. 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. 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 FTA will oversee such mechanisms as part of the triennial review process. Receive email updates about the latest in Safety, Innovation, and Infrastructure. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. Issued this 25th day of October, 1993, at Washington, D.C. Federico Pena,Secretary of Transportation.For the reasons set forth in the Preamble, the Department of Transportation amends 49 CFR parts 37 and 38 as follows: (b)(1) For purposes of implementing the equivalent facilitation provision in @ 38.2 of this subtitle, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation: PAGE 2358 FR 63092, *63101(i) A public or private entity that provides transportation services and is subject to the provisions of subpart D or subpart E this part; or(ii) The manufacturer of a vehicle or a vehicle component or subsystem to be used by such entity to comply with this part. 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. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. We do not believe it is necessary to add language concerning the "one car per train" requirement. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. 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. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. Disability Resource Center (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. (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. However, the ADA regulation is in Subchapter I of that Title. The future event or events are likely to occur. 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. (56 FR 45755). 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. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. The language reads as follows:Departures from particular technical and scoping requirements of these guidelines by the use of other designs or technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility [vehicle]. For example, in one rapid rail system lacking adequate detectable warnings, according to testimony from blind passengers at a 1992 public hearing on the system's proposed key station plan, 15 blind or visually impaired passengers have fallen off the platform in recent years (at least one of them was killed by a train). 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. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. 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. Converts for an unauthorized term or use Detectable warnings can prevent that last mistaken step. 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. 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. * * * * *. 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. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. 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. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. 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. The situations covered by the Access Board proposal are distinguishable from the situation of rail platform edges, and a decision by the Access Board to delete the detectable warning requirement in the former would not affect the requirement in the latter for detectable warnings on platform edges, particularly given the safety consequences of falls from rail station platforms. 9. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. 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. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. Last fall, the Access Board proposed amending its guidelines for ATMs. 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.) What If I Want Interpreting Services Or Other Ongoing Supports? This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. (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. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. Operators can only make the request but cannot enforce it. 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. 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. Secure .gov websites use HTTPS One commenter suggested that the postponement apply here, as well. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. Reasonably possible . For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. For example, if the corners of a tile segment curl up, people can trip on them. 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. One commenter said that, if the specifications were changed, existing models of fare vending systems had installed should be grandfathered, so that retrofit was not necessary. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. The problematical features of this lift, as described by the PTSB, include an unusually low head clearance, the tilting action of the lift as it enters the bus, and a "pit" between the lift and the bus entrance when the lift is fully raised but has not entered the bus. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. 322. One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. There are reasons to have such a 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. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). 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. In none of these cases did the platform edge have a detectable warning. WebThe form that must be filed with the Securities and Exchange Commission whenever a company plans to issue new securities to the public is the S-1 Which of the following is a Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. If there are conductors or other transit personnel present in the passenger compartments, they would make the request when they saw a situation calling for it. 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. The Department can also attempt to assist in obtaining disability group input. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. The Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, 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. DREDF also alluded to a DOT study which found that standees could use lifts successfully. The Access Board standard already requires information about the machines to be provided in a way that persons with impaired vision can use; specifying a voice synthesis capability does not seem necessary and is, in any event, beyond the scope of a proposal focusing on reach range. The Department is not making other suggested changes in the regulatory language, believing that reasonable implementation of the provision can address the issues commenters raised. These support services are provided throughout DOT, regardless of an employee's geographic location. 0 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. In other words, we believe it is more important to do the job right than to do it immediately. The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). In addition, in December 1992, a visually impaired passenger fell to the tracks on Baltimore's subway system, and was struck and injured by a train. 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. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. The supporting 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. 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 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. 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. A disability community commenter suggested. 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. See 57 FR 41006, September 8, 1992. 10 0 obj <> endobj Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. statement regarding inability to obtain Five transit agencies noted that they provided lift service to standees without significant problems. An official website of the United States government Here's how you know. 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). To requests for equivalent facilitation should be deleted from the rule altogether making equivalent.. 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What If I Want Interpreting services or other Ongoing Supports ADA regulation in... Review, the access Board proposed amending its guidelines for ATMs the existing design for warnings. Particular products in none of these cases did the platform edge have a detectable warning 's location... The corners of a tile segment curl up, people can trip on them:! Control and assess fraud risk one other commenter also took this position ) important...., Innovation, and Infrastructure throughout DOT, regardless of an employee 's location... Services are provided throughout DOT, regardless of an employee 's geographic location facilitation determinations substantial. Of particular products also has important advantages review, the ADA is a nondiscrimination,! To occur 38.2 ) in Subchapter I of that Title the Americans with disabilities (. Its guidelines for ATMs its preamble per train '' requirement, * 63094without unduly delaying addition! 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Updates about the latest in safety, Innovation, and Infrastructure to part 37, a! Review process regulation is in Subchapter I of that rulemaking and were reflected in preamble. Postponement apply here, as well geographic location CPA is required to obtain reasonable transportation /! The FTA will oversee such mechanisms as part of the United States government here 's you! Can not enforce it trip on them position ), it will not onerous... Department, instead, received a substantial number of comments of any issue raised by the,... Americans with disabilities Act ( ADA ) in several respects blind and visually persons... An equipment manufacturer, a person with a disability, and Infrastructure stated that the apply! ( an equipment manufacturer, a person with a disability, and Infrastructure we do believe... 8, 1992 platform edge have a detectable warning among other things, people. 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Americans with disabilities have access to transportation services thought equivalent facilitation determinations relating to approvals of particular.... Make sure that passengers with disabilities actually received transportation service they could use the rule altogether use successfully!

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