The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. 2. (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. 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. 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. The qualifications are that, in the situations studied, both drivers [*63097] and standee users were trained in the proper use of lifts, handrails were available on the lifts, and operators were not required to transport a standee who refused to use the handrail. An official website of the United States government Here's how you know. Bulletin # 1 also contains a list of products which are claimed by their manufacturers to meet the technical specifications for detectable warnings, but the Access Board neither reviews products for compliance nor certifies the suitability of such products or systems for the purposes for which they are intended. In support of its request for an indefinite, or, alternatively, five-year, postponement of the requirement, a rail operator cited the need to look at safety, durability, and maintainability issues, which it said current DOT research has not addressed. Thirteen of the remaining comments were from manufacturers of detectable warnings and associated products, with four from state or local agencies working on disability matters and two each from state or local transportation agencies and other commenters. * * * * *(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. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. 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. Section 37.87 of the Department's ADA regulation provides that when Amtrak or a commuter authority purchases or leases or used intercity or commuter rail car, it must either obtain an accessible car or demonstrate the good faith efforts it has made to do so. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. * * * * *(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. These support services are provided throughout DOT, regardless of an employee's geographic location. 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 study suggests that frequent cleaning is important.) * * * * *PAGE 2658 FR 63092, *631026. 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. According to a press report of the incident, the individual asserted that, had a detectable warning strip been in place, her fall would have been prevented. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. Lifts meeting Access Board standards will have handrails. Therefore, complete Non-assertion of penalties due to reasonable If manufacturers or other parties have a problem in obtaining disability group input, they can document their efforts as part of their application for an equivalent facilitation determination. Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). 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. A disability community commenter suggested. 107. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. 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. 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. 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. 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. 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. (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. 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. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. In view of the close relationship between the coverage of airport facilities under the ADA, section 504 of the Rehabilitation Act, and the Air Carrier Access Act, the Department is clarifying the facilities section to specifically include requests for equivalent facilitation that arise concerning airport facilities under all three statutes. Others said that they did not want to spend substantial sums of money on detectable warnings until there was certainty about what design would best answer the concerns that have been raised. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). 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." Five transit agencies noted that they provided lift service to standees without significant problems. 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. 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. For these reasons, the Department will continue to make equivalent facilitation determinations. A disability community commenter objected to the "to the extent practicable" clause for rail systems. Such spaces shall adjoin, and may overlap, an accessible path. Comments mentioned successful experiences with detectable warnings in some systems. All documents and other information concerning the request shall be available, upon request, to members of the public. 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 Inability to obtain reasonable lodging in Texas. To cover these situations, we proposed changing the rule to authorize the Administrator of the concerned operating Administration to make such a determination, with the concurrence of the Assistant Secretary for Policy and International Affairs in order to ensure consistency. U.S. Department of Transportation, 1200 New Jersey Ave, SE 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. WebTo request reasonable accommodations: Look at the vacancy announcement Work directly with person arranging the interviews Contact the agency Selective Placement Program Coordinator Contact the hiring manager and engage in an interactive process to clarify what the person needs and identify reasonable accommodations 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). Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . 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. 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 first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. 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. (202) 366-9306 (voice); (202) 755-7687 (TDD). 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. 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. A personal care attendant (as distinct from a friend or traveling companion) should be permitted to sit near a person with a disability, since the attendant may be needed to perform personal tasks for the individual with a disability during the course of the ride. Receive email updates about the latest in Safety, Innovation, and Infrastructure. This extension applies only to detectable warnings. [*63098]. The extension we have provided in this rule should be adequate to permit an aggressive effort by rail properties to address successfully practical concerns about installation. Operators can only make the request but cannot enforce it. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. 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. 0
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. 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 Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. To the extent that installation of detectable warnings involves an extraordinarily expensive structural change to a particular station, the rail operator could use the cost of the installation as part of its rationale for requesting an extension of time to make the key station accessible. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and Nine transit agencies and one state or local agency working on disability matters suggested that the final rule require the driver to ask someone sitting in a priority seat to move, or to make good faith efforts to clear the seat, but not to have to enforce the request. * * * * *[FR Doc. (6) Determinations of equivalent facilitation are made only with respect to transportation facilities, and pertain only to the specific situation concerning which the determination is made. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H The key point in the comments, from the Department's point of view, is the absence of information documenting a safety problem resulting from standees' use of lifts. @ 38.113 -- [Amended] 11. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. It said that while new products have been developed, they have not yet been independently tested. Seventeen commenters supported restricting the access of standees to lifts. The FTA never intended its letters to be used as product endorsements or certifications of compliance. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. Connection Between Medical Disability and Educational Requirements. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) Reasonably possible . 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. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. See 57 FR 41006, September 8, 1992. 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. This will inform passengers that such a request may be made and that they should comply. * * * * *, (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. 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