Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. (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. Twenty-six commenters favored the NPRM approach. 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. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. See 57 FR 41006, September 8, 1992. (j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location. Hours. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of The DRC staff member and the employee's manager sign the form as well as the employee. Washington, DC 20590 9. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. Web(7) Eligibility. Copies of the final rule are available in alternative formats on request. 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. 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). Current products (including some developed. Remote . 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. Many of these letters appeared to be generated by a. While manufacturers' and consumers' comments assert that cited problems concerning the materials have largely been solved, it is clear that rail operators are not persuaded that their concerns about installation, safety, durability, and maintainability have been fully addressed. * * * * *PAGE 2658 FR 63092, *631026. (The study suggests that frequent cleaning is important.) For example, a petition that the Access Board and the Department received, prior to the issuance of the NPRM, from several rail operators cited what they called "extraordinary costs" and unanswered questions about the materials' "durability, maintainability * * * safety, and usability by persons with visual and mobility impairments." 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. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. What If I Want Interpreting Services Or Other Ongoing Supports? (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. 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 One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. Other transit provider comments opposed all standee lift use on safety grounds. The discussion below pertains to this timing issue. PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. 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. 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 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. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. It is fair to conclude from comments to the rule that one of the consequences of having a serious visual impairment is the need to concentrate very hard on mobility and orientation matters that sighted persons handle routinely. 4. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. WebThe statements are not in conformity with GAAP regarding pension plans An independent auditor has concluded that a substantial doubt remains about a client's ability to continue 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. We do not believe it is necessary to add language concerning the "one car per train" requirement. In response to the disability group concerns about possible problems detectable warnings may create for people with mobility impairments, the FTA is available to work with rail properties that have installed or are testing detectable warning systems (and users of these systems who have mobility impairments) to determine whether such problems exist and merit any change in the detectable warning requirement. %%EOF 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. 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. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. Four transit agencies went further, asserting that standees should be permitted to use only those buses that fully meet the requirements of 49 CFR part 38 (the Department's ADA vehicle standards). The less stringent standard could also encourage misleading or unethical practices, they said. It is a way of encouraging innovation and the application of newer technologies. Finally, the need of transit properties for time to determine which specific detectable warning product is best for their systems and to go through their procurement processes is reasonable to take into account. X Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. 2. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. 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. Comments mentioned successful experiences with detectable warnings in some systems. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. 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. 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 DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. 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. 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. INTRODUCTION. Last fall, the Access Board proposed amending its guidelines for ATMs. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. The FTA will oversee such mechanisms as part of the triennial review process. Detectable warnings can prevent that last mistaken step. 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. Commenters also asked for more clarification or guidance on certain subjects. This means, of course, that detectable warnings were to be in place by that date. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. This extension applies only to detectable warnings. 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. 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. 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. W56-403 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. 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. To clarify this point, the NPRM proposed adding to @ 37.167 a new paragraph spelling out this obligation, which would apply to private as well as public transportation entities. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). Given that installation methods not raising the technical problems said to affect retrofit are possible in this situation (even though retrofit-like methods could also be used), the Department does not believe that a postponement is necessary. Some comments from transit providers suggested there be limits on the use of lifts by standees (e.g., only where there are handrails, only in a wheelchair provided by the transit authority). Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. 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 third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. The latter group of commenters said that, in a vehicle that did not meet part 38 standards, there were safety concerns relating to door height, smoothness of operation etc. Mp[ The ADA requires the Department to adopt standards consistent with the Access Board guidelines. Their focus was on what could happen. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. 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