The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. * * * * *[FR Doc. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. For any key station modification which, because of an extension of time for extraordinarily expensive changes, does not have to be completed until after July 26, 1994, detectable warnings would have to be installed on the same date as other modifications had to be completed. INTRODUCTION. In other words, we believe it is more important to do the job right than to do it immediately. 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. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. These situations, some of which were recounted by fall victims themselves in detail, were in addition to cases in which visually-impaired passengers almost fell off, or had become very fearful of walking on, rail station platforms. 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 will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. (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. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. 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. The obligations would differ depending on whether the requester is a transportation entity or a manufacturer (in the latter case, the requirement would be a consultation requirement, since there is not a single community whose representatives could be involved in the normal sense of public participation). 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. The Department would apply 49 CFR 37.9, concerning grandfathering, to fare vending systems that meet the current ADA standard in the same way as that section applies to other features of transportation facilities. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. 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. 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. PAGE 958 FR 63092, *63095standard for detectable warnings may be indicated, the Department is free to propose changes, which can exceed the minimum requirements of the Access Board guidelines. (It is our understanding that a number of rail properties have begun this task.) statement regarding inability to obtain 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. DREDF also cited ADA legislative history favoring use of lifts by standees, the practices of some transit agencies which allow standees to use lifts, extra costs to paratransit systems if ridership on fixed route systems by standees were limited, and a general concern that ADA regulations' protections should not be weakened. (56 FR 45618). 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. (2) By documenting that, when there is more than one source of intercity or commuter rail cars for a lease of seven days or less, the lessee has obtained all available accessible intercity or commuter rail cars from all sources before obtaining inaccessible intercity or commuter rail cars from any source. Last fall, the Access Board proposed amending its guidelines for ATMs. In Appendix A to part 37, section 10.3.1(7) requires automatic fare vending equipment and related devices to conform, among other things, to the requirements of sections 4.34.2-4.34.4, concerning automated teller machines. 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. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. PAGE 2158 FR 63092, *63100(ATMs). Documentation Requirements. 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. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. For these reasons, the Department will continue to make equivalent facilitation determinations. drc.interpreters@dot.gov One disability community. Operators can only make the request but cannot enforce it. 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. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. Phone: 202-366-6242, 1200 New Jersey Avenue, SE X Many of these letters appeared to be generated by a. 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. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. The equivalent facilitation sections for vehicles and facilities are basically parallel. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. The petition requested that the detectable warnings standard be suspended, pending further research. Among other comments on this subject, one of the rail operators mentioned above thought that the postponement should apply to new and altered platforms as well as those being retrofitted. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. 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]. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. The Department will adopt the proposal, believing that requests by drivers that other passengers move from priority seats will assist in making transportation genuinely accessible for passengers with disabilities. 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. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. 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). 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. 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 Nations transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19. This was due, in part, to the absence of a diagram illustrating the required pattern. A disability community commenter objected to the "to the extent practicable" clause for rail systems. 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. Four. PAGE 2058 FR 63092, *63100agreements with one another, a provision requiring available accessible cars to be provided before other cars in the donor agency's fleet. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements. 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. 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. Another disability community commenter suggested a requirement that the lease of rail cars by Amtrak not be permitted to decrease the overall percentage of Amtrak's fleet that was accessible (i.e., that if Amtrak leased inaccessible cars from a commuter authority, Amtrak would have to obtain accessible cars elsewhere in order to maintain the same percentage of accessibility in its fleet that it had before the lease). 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. 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. 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). In none of these cases did the platform edge have a detectable warning. 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. 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 the Department's understanding that this material involves a flat, painted-on surface with a sandpaper-like texture, which does not meet the Federal standard for a detectable warning. 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. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. 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. 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. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. We have some doubts about the practicality of providers carrying wheelchairs on their vehicles to use for standees who are trying to access a vehicle via the lift. Several manufacturers of detectable warning surfaces requested clarification. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. The future event or events are likely to occur. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. 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. (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. Official websites use .govA .gov website belongs to an official government organization in the United States. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. 107. 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.) The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. liquid watercolor michaels. We do not believe that such accommodations should be required, however. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. There are reasons to have such a requirement. The less stringent standard could also encourage misleading or unethical practices, they said. * * * * *. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of The chance of the future event or events occurring is more than remote but less than likely. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. 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. Loss contingencies resulting from illegal acts 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. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. DREDF also alluded to a DOT study which found that standees could use lifts successfully. 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. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). They viewed the separate provision for private entities (such as manufacturers) as being a less stringent standard, which would allow manufacturers to circumvent the standards in the rule. The study also noted ongoing efforts at improving detectable warning materials. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. Also, if Amtrak could obtain cars for a particular area of its service from both Commuter Authority B and Commuter Authority C, and C had more accessible cars available than B, Amtrak would borrow C's accessible cars before it borrowed inaccessible cars from B. Eleven commenters (eight disability community commenters, Amtrak and one other transit provider, and one state or local agency working on disability matters) favored the NPRM approach. All documents and other information concerning the request shall be available, upon request, to members of the public. Remote . Detectable warnings can prevent that last mistaken step. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. However, the ADA regulation is in Subchapter I of that Title. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. 10. 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. The supporting The discussion below pertains to this timing issue. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. The proposal received support from both disability community commenters (12) and state or local transportation agencies (10), with the remainder of comments (4) coming from state or local agencies working on disability matters. 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. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. Phone: 202-493-0625. 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