The less stringent standard could also encourage misleading or unethical practices, they said. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. Before the NPRM was issued, Amtrak told DOT staff that this provision is not appropriate in an important situation in which it leases rail cars. Official websites use .govA .gov website belongs to an official government organization in the United States. The agreement would provide that when Amtrak borrowed cars from B, B would make available and Amtrak would take its accessible cars first, to the extent they are available (e.g., B would not have to provide cars that were in the repair shop or that it was impossible to make available for Amtrak's use in a timely fashion). Disability Resource Center Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. Amtrak may have a standing reimbursable agreement with Boston or Washington/Baltimore area commuter authorities to borrow commuter rail cars on short notice in these situations. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. 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 future event or events are likely to occur. Operators can only make the request but cannot enforce it. PAGE 1158 FR 63092, *63096letter-writing campaign organized by the Disability Rights Education and Defense Fund (DREDF), whose comment is probably the most thorough and typical statement of the disability community's objections to the proposal. 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. 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. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. When the needed technologies or other products are delivered, DRC doesn't stop there. 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. * * * * *, (g) 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. 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%). 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. The Department can also attempt to assist in obtaining disability group input. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. 0 The FTA will oversee such mechanisms as part of the triennial review process. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. 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. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. 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. The equivalent facilitation sections for vehicles and facilities are basically parallel. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H Lift-off problems were reported in some stations (for example, one BART station had a high lift-off rate, of about a third of tiles after 18 months, while other BART stations had low lift-off rates in the 1-10 percent range.) 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. INTRODUCTION. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG 93-29257 Filed 11-29-93; 8:45 am] BILLING CODE 4910-62-P-M, Transportation for Individuals with Disabilities --Detectable Warnings, Standees on Lifts, Equivalent Facilitation, Priority Seating, Rail Car Acquisition, United States Department of Transportation, Coordinating Council on Access & Mobility, Low and No-Emission Vehicle Federal Technical Assistance, Federal Register Notices & Rulemaking Documents, National Transit Institute (NTI) Course Offerings. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. See 57 FR 41006, September 8, 1992. The NPRM proposed to modify the existing regulatory language to require transit providers to allow standees on lifts which meet part 38 specifications, or which are equipped with handrails or other devices that can assist standees in maintaining their balance. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I Washington, DC 20590 EFFECTIVE DATE: This rule is effective December 30, 1993. The uniformity considerations mentioned by commenters will be taken into account in this process. You need to document why you needed the missing records, and why they If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. United States, Email: drc@dot.gov Washington, DC 20590855-368-4200. With the exception noted below, the existing @ 37.165(g)-which requires transportation providers to permit standees to use lifts, without restriction-will remain in effect. In 49 CFR part 37, the words "Urban Mass Transportation Administration" are changed to the words "Federal Transit Administration" in every instance in which those words appear; the letters "UMTA" are changed to the letters "FTA" in every instance in which those letters appear; and the words "UMT Act" and "Urban Mass Transportation Act" are changed to the words "FT Act" and "Federal Transit Act" in every instance in which those words appear, and the definition of "FT Act" is moved to the proper alphabetical order. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. However, the ADA regulation is in Subchapter I of that Title. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. 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. statement regarding inability to obtain DREDF also alluded to a DOT study which found that standees could use lifts successfully. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. This product did not meet the original Access Board design requirement for detectable warnings. These were primarily, but not exclusively, from the blind community. Last fall, the Access Board proposed amending its guidelines for ATMs. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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). (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) * * * * *(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. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. 1200 New Jersey Avenue, SE However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. 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. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. The study affirms the excellent detectability of materials meeting Federal standards. (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. WebUnlawful use of means of transportation can result in a conviction of class 5 or class 6 felony. This extension applies only to detectable warnings. 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. 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. liquid watercolor michaels. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. Webdisabilities who are unable to use the vehicle because the lift does not work. 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. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. 10 0 obj <> endobj The DRC staff member and the employee's manager sign the form as well as the employee. We want to be sure that you or your employee can fully use the accommodation effectively. 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. [*63098]. B) should request an increase in audit fees so that more resources can be used to conduct the audit. 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