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. (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. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. A manufacturer said it should not have to consult with disability groups: it had tried, and had a hard time finding anyone who would respond or who was technically qualified to help. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. (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. The uniformity considerations mentioned by commenters will be taken into account in this process. The warning must be of a contrasting color (i.e., dark vs. light) and texture (i.e., truncated domes vs. smooth surface), as well as (in the case of interior surfaces) differing from the platform in resiliency and sound-on-cane contact. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. A statement of the eligibility requirements for coverage including: (A) The condition under which dependent enrollees may be added to those originally covered; (B) Any limiting age for enrollees and dependents, including effects of Medicare eli-gibility; and (C) A clear statement regarding the cover-age of newborn children. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. That's where the DRC can offer their expertise. 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. 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). * * * * *[FR Doc. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. (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. 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. 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. (56 FR 45755). For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). The concern expressed by these providers was essentially that some older models of lifts have no handrails or other means of preventing a standee user from losing his or her balance and falling while the lift is in operation. The Department can also attempt to assist in obtaining disability group input. * * * * *PAGE 2658 FR 63092, *631026. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. liquid watercolor michaels. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. Secure .gov websites use HTTPS 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. Commenters also asked for more clarification or guidance on certain subjects. For example, if a transit authority provides an on-board wheelchair for use by standees on lifts, the transit authority could not insist that a standee sit in the wheelchair in order to use the lift. The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life 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. 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. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). 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. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. At the time the Access Board guidelines were published, the specifications for detectable warning surfaces were ambiguous, particularly concerning the pattern and design of the surfaces. 12101-12213); 49 U.S.C. Days. Official websites use .govA .gov website belongs to an official government organization in the United States. %PDF-1.5 % 2). They mentioned numerous cases of persons falling off platforms in various rail systems (18 in a system other than the one mentioned in the NPRM), sometimes resulting in death or injury. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. The fourth change clarifies the responsibility of transit providers to make seat or wheelchair securement space available to people who need it: The fifth amendment would reflect a recent statutory change in the name of the Department's transit agency from the Urban Mass Transportation Administration (UMTA) to the Federal Transit Administration (FTA). The equivalent facilitation sections for vehicles and facilities are basically parallel. The basic view of these commenters was that the proposed extension of the completion date was needed to address the concerns cited in the NPRM. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. Nevertheless, the Department said that rail operators may have legitimate concerns about the installation of detectable warning materials as they retrofit key stations for accessibility. 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. INTRODUCTION. 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 Department believes that, given the safety-related reasons for a detectable warning requirement documented in the rulemaking record, deleting the requirement postponing it indefinitely, or postponing it for a lengthy period (e.g., five years) would be inadvisable. 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. (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. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Therefore, complete Non-assertion of penalties due to reasonable For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. This is important, among other reasons, because based on the premise that standees can use lifts, the Access Board found it unnecessary to establish a standard for stair riser heights in vehicles that use lifts. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and 12. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. 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). At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. (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. This extension applies only to detectable warnings. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." Phone: 202-366-6242, 1200 New Jersey Avenue, SE Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." A disability community commenter suggested. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. The rule makes these corrections, which have no substantive effects. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. 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. statement regarding inability to obtain 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 future event or events are likely to occur. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 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. 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. 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. 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 For safety and liability reasons, they would prefer not to carry standees on such lifts. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. The background of this issue is the following: @ 37.165 of the Department's final ADA rule (49 CFR part 37; 56 FR 45584, 45640; September 6, 1991) provides that. Rather, they went to the question of how best. When the needed technologies or other products are delivered, DRC doesn't stop there. 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. 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)). It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. All it takes is a brief moment of fatigue, or distraction, or disorientation, in the complex and sometimes confusing environment of a rail station, and even a very experienced blind rail system user can make what, in context, is a fatal misstep. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. The less stringent standard could also encourage misleading or unethical practices, they said. Section 37.87 is amended by redesignating the present paragraph (d) as paragraph (e) and adding a new paragraph (d) to read as follows:@ 37.87 -- Purchase or lease of used intercity and commuter rail cars. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. The chance of the future event or events occurring is more than remote but less than likely. Inability to obtain reasonable lodging in Texas. It is inappropriate under a nondiscrimination statute like the ADA, DREDF argued, to restrict the availability of a service to persons with disabilities based only on speculation or apprehension about possible risks. * * * * *(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. PAGE 1858 FR 63092, *63099transit agencies asked for guidance on how to identify people with hidden disabilities for priority seating purposes (one of these commenters suggested that such passengers self-disclose). Five transit agencies noted that they provided lift service to standees without significant problems. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. Under the present rule, except where the Department has extended time for completion of modifications to a key station, rail operators had to make key stations accessible by July 26, 1993. Some commenters pointed out that the American National Standards Institute (ANSI) had not adopted a detectable warnings standard, drawing the conclusion that this placed the viability of the current Federal standard in question. EFFECTIVE DATE: This rule is effective December 30, 1993. endstream endobj startxref The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. * * * * *7. 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. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. 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. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. Several manufacturers of detectable warning surfaces requested clarification. ].14 The auditor should consider the effect of an illegal act on the amounts presented in nancial statements including contingent monetary effects, such as nes, penalties and damages. The Department sought comment on whether this change would improve safety significantly, what the effect would be on consumer access to vehicles, and any other measures that could mitigate any potential safety problems involved with the use of existing lifts while having less significant effects on access. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting * * * * *, 8. 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 study affirms the excellent detectability of materials meeting Federal standards. 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 Hours. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. 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. Their focus was on what could happen. 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. A regulatory deadline would not be that useful, in our view. WebIf the auditor believes that the financial statements are notfairly stated or is unable to reach a conclusion because of insufficient evidence, the auditor A) should withdraw from the engagement. 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. 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%). This will inform passengers that such a request may be made and that they should comply. All documents and other information concerning the request shall be available, upon request, to members of the public. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. 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 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. 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