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. Two commenters suggested that, when possible, the driver seat disabled passengers on the right side of the bus, so that the driver could see if a passenger had problems with the securement device or needed a stop announcement. 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. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. A transit authority and an "elderly and handicapped" advisory committee sought assurance that transit authorities and advisory committees, respectively, would be part of the public participation process. Washington, DC 20590 drc.interpreters@dot.gov WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. Five commenters (one of the above transit agencies plus four of the commenters who favored the NPRM provision) said that additional provision (e.g., a voice synthesizer system) was needed on fare vending systems to serve persons with visual impairments. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. Hours. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Another commenter said the Access Board specification for [*63094] detectable warnings should be made more precise, and that the "pathfinder" design had some international acceptance. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. Loss contingencies resulting from illegal acts 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. 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). The Department sought comment on whether this change would improve safety significantly, what the effect would be on consumer access to vehicles, and any other measures that could mitigate any potential safety problems involved with the use of existing lifts while having less significant effects on access. For example, if the corners of a tile segment curl up, people can trip on them. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. 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. Parts 37 and 38 require wheelchair securement. Those commenters who asserted that the two types of machines should have different requirements did not provide sufficient information on which the Department or the Access Board could base a separate standard. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. In the most recent case, a visually impaired individual apparently fell onto the tracks of a Maryland commuter rail system and was also fatally injured by a train. 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. Other transit provider comments opposed all standee lift use on safety grounds. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 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). 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. 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. 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 study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." WebThe CPA performs procedures in order to obtain reasonable assurance (defined as a high but not absolute level of assurance) about whether the financial statements are free from material misstatement. The chance of the future event or events occurring is more than remote but less than likely. This means, of course, that detectable warnings were to be in place by that date. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. This will inform passengers that such a request may be made and that they should comply. 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 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. 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. 10 0 obj <> endobj (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.PAGE 2458 FR 63092, *63102(6) Determinations of equivalent facilitation are made only with respect to vehicles or vehicle components used in the provision of transportation services covered by subpart D or subpart E of this part, and pertain only to the specific situation concerning which the determination is made. Obviously, a wheelchair user needs access to a securement location. 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. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. 322. Four. 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. Last fall, the Access Board proposed amending its guidelines for ATMs. WebINABILITY TO OBTAIN. In this case, according to a press report, the platform's edge was "marked with abrasive material" in an attempt to provide a warning to persons with vision impairments. Title I of the Americans with Disabilities Act of 1990 (the "ADA") (1) limits an employer's ability to make disability-related inquiries or require medical examinations at three stages: pre-offer, post-offer, and during The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. * * * * *PAGE 2658 FR 63092, *631026. (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. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 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). A regulatory deadline would not be that useful, in our view. Seventeen commenters supported restricting the access of standees to lifts. It said that while new products have been developed, they have not yet been independently tested. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Other key station accessibility requirements, if not covered by a time extension for [*63095] "extraordinarily expensive" changes, must still have been completed by July 26, 1993. This language should parallel that of @ 38.95(d). %PDF-1.5 % (It is our understanding that a number of rail properties have begun this task.) 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. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. The authority citation for 49 CFR part 38 is revised to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ 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. The proposal would also require that if the borrower had a choice of obtaining cars from more than one source, it would obtain the cars from a source that had accessible cars before it obtained inaccessible cars from the other source. 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 Department encourages rail operators to install detectable warnings before the required date. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. 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. Again, I must emphasize he needs to be reasonably sure and NOT Current products (including some developed. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. Before the issuance of the NPRM, the Department of Transportation received a number of inquiries from transportation providers concerning whether the regulatory provision on standees applies to all existing bus lifts, or only to lifts meeting the requirements of 49 CFR part 38 (the Department's adoption as its standards of the Architectural and Transportation Barriers Compliance Board accessibility guidelines for vehicles). This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. 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. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. 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). 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. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. 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