The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. 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. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. [*63098]. 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 The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. Doing so will increase the likelihood that, when installed, detectable warnings do their intended job well without creating unnecessary problems for either passengers or transit providers. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. 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. 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. 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. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. An entity wishing to employ equivalent facilitation * * * shall submit a request to UMTA or FRA, as applicable, and include the following information: (list of five items of information). 57 0 obj <>stream 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream 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. 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. 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H Phone: 202-493-0625. This will inform passengers that such a request may be made and that they should comply. Washington, DC 20590 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. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. 10. 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. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. B) should request an increase in audit fees so that more resources can be used to conduct the audit. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. In @ 37.7, paragraph(b) is revised to read as follows. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. Webthe issuance of Statement on Auditing Standards No. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. 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. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in [*63102] appropriate media, such as newspapers of general and special interest circulation and radio announcements. Reasonably possible . 2. In the NPRM, the Department emphasized that its concerns were neither about the basic design of the [*63093] detectable warnings or their usefulness to people with vision impairments. In none of these cases did the platform edge have a detectable warning. 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. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. endstream endobj startxref (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. 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. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. W56-403 These commenters, while making clear their concern about safety, did not present any data or anecdotal information that would demonstrate that an actual safety problem existed. Business Hours:8:30am-5:00pm ET, M-F. The chance of the future event or events occurring is more than remote but less than likely. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. (It is our understanding that a number of rail properties have begun this task.) The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. Their focus was on what could happen. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. Parts 37 and 38 require wheelchair securement. Other transit provider comments opposed all standee lift use on safety grounds. 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. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. Personal Assistance as a Reasonable Accommodation, FAQ About Obtaining Assistive Technology And Services, DOT Order 1011.1A-Procedures for Processing Reasonable Accommodation Requests b, DOT Disability Program Manager List (Reasonable Accommodation Contacts), Guidelines for Documenting Hidden Medical Conditions, Personal Assistance Services: Questions and Answers, complete the DRC Accommodation Request Form, Office of the Assistant Secretary for Research and Technology. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and It said that while new products have been developed, they have not yet been independently tested. 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 a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. The study also noted ongoing efforts at improving detectable warning materials. Converts for an unauthorized term or use Consistent with requirements of the ADA discussed above, persons who use canes or walkers and other standees with disabilities who cannot readily climb steps into a vehicle must be permitted to use lifts. We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. * * * * *(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. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. 2). Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. The NPRM proposed to amend the rule to reflect this situation, allowing equivalent facilitation requests to be made by manufacturers and by transportation entities in other modes. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). This can happen in one of two ways. 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. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 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. The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. Frequently (e.g., at holiday times or other high-demand periods), Amtrak must obtain additional cars from nearby commuter rail authorities on short notice for a short period of time. Under appendix A of part 37, which adopts as part of a DOT regulation the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines for accessible facilities, sections 10.3.1 and 10.3.2, require that an accessible rail station have a 24-inch wide detectable warning strip running the entire length of the platform edge. For these reasons, the Department will continue to make equivalent facilitation determinations. Mp[ The less stringent standard could also encourage misleading or unethical practices, they said. 9. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. However, the ADA regulation is in Subchapter I of that Title. 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)). The Department can also attempt to assist in obtaining disability group input. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. The Department strongly urges such training programs to transit providers, both as a way of improving customer service and of reducing any risks which transit providers believe may be created by the use of lifts by standees. Misleading or unethical practices, they said been taken, it is not significant! 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