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. 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 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. (It is our understanding that a number of rail properties have begun this task.) Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. Four state or local transportation agencies asked that FTA (or perhaps APTA) publish, in the Federal Register or elsewhere, its approvals of requests for equivalent facilitation, so that other transit authorities would know what products or accommodations were acceptable. 57 0 obj <>stream 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. 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 second was the. 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 We believe that a reasonable balance is best achieved, in this case, by allowing transit authorities a limited period of time to resolve practical problems concerning detectable warnings. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. DREDF also alluded to a DOT study which found that standees could use lifts successfully. 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. The Department can also attempt to assist in obtaining disability group input. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. (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. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. 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. Days. Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. The study also noted ongoing efforts at improving detectable warning materials. 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)). 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. United States, Phone: 888-446-4511 1200 New Jersey Avenue, SE The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. 10. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. 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. (56 FR 45755). 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. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. 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. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity's existing fixed route vehicles. drc.interpreters@dot.gov Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. * * * * *7. You need to document why you needed the missing records, and why they 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 basic view of these commenters was that the proposed extension of the completion date was needed to address the concerns cited in the NPRM. Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. W56-403 EFFECTIVE DATE: This rule is effective December 30, 1993. 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. It said that while new products have been developed, they have not yet been independently tested. 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. At the time the Access Board guidelines were published, the specifications for detectable warning surfaces were ambiguous, particularly concerning the pattern and design of the surfaces. Therefore, complete Non-assertion of penalties due to reasonable The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. 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 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. A driver cannot be expected to intuit the existence of a disability that is not apparent. 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. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. Seven additional commenters favored longer delays. 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, Webdisabilities who are unable to use the vehicle because the lift does not work. 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). B) should request an increase in audit fees so that more resources can be used to conduct the audit. The discussion below pertains to this timing issue. II. Share sensitive information only on official, secure websites. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and An official website of the United States government Here's how you know. However, the ADA regulation is in Subchapter I of that Title. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. 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. Read Liz's story. [*63098]. The petition requested that the detectable warnings standard be suspended, pending further research. It is appropriate for a driver, under this provision, to ask an ambulatory passenger with a disability to move to clear a wheelchair securement location when needed to accommodate a wheelchair user. 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. 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. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Mp[ Technology and product differentiation in the detectable warnings field does not stand still, and equivalent facilitation is an appropriate means to recognize evolution and innovation in these products. statement regarding inability to obtain The Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. For example, if the corners of a tile segment curl up, people can trip on them. 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%). We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. The warning must be of a contrasting color (i.e., dark vs. light) and texture (i.e., truncated domes vs. smooth surface), as well as (in the case of interior surfaces) differing from the platform in resiliency and sound-on-cane contact. The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and statement regarding inability to obtain reasonable transportation 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 FTA will oversee such mechanisms as part of the triennial review process. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. This extension applies only to detectable warnings. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 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 supporting 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. 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. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. All documents and other information concerning the request shall be available, upon request, to members of the public. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. 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. 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. 12101-12213); 49 U.S.C. (The study suggests that frequent cleaning is important.) The The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. Official websites use .govA .gov website belongs to an official government organization in the United States. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. (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. INDEX. The ability to gather this information is an additional reason for providing the extension. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. Detectable warnings can prevent that last mistaken step. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. * * * * *(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. Comments mentioned successful experiences with detectable warnings in some systems. 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. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. 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. X A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Web1. Two organizations that represent a constituency consisting primarily of persons with mobility impairments said that additional research was needed on the issue of whether detectable warnings were an obstacle or hazard to persons with mobility impairments. This is important, among other reasons, because based on the premise that standees can use lifts, the Access Board found it unnecessary to establish a standard for stair riser heights in vehicles that use lifts. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable 12101-12213); 49 U.S.C. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. Four. 107. Lifts meeting Access Board standards will have handrails. See 57 FR 41006, September 8, 1992. * * * * *(c)(1) Except as provided in this paragraph, the responsible person(s) 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. 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. 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 @ 37.7, paragraph(b) is revised to read as follows. 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 study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. 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).