Since the situation of air carriers making equivalent facilitation requests concerning facilities at public airports is very similar to that of the airport sponsors themselves, we decided to apply the same procedural requirements to both. 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. 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). 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. 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. WebReasonable Accommodation (request): the act of enabling a qualified individual with a disability to obtain full and equal access to TriMet services, programs or activities At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., room 10424, Washington, DC. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. INDEX. %%EOF Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. 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. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. 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. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. Comments mentioned successful experiences with detectable warnings in some systems. * * * * *, 8. (202) 366-9306 (voice); (202) 755-7687 (TDD). PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. 12101-12213); 49 U.S.C. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. It is a significant rule under the Department's Regulatory Policies and Procedures, since it amends the Department's Americans with Disabilities Act rule, which is a significant rule. 322. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. 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 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. Share sensitive information only on official, secure websites. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. 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. 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). DREDF also alluded to a DOT study which found that standees could use lifts successfully. 20590. The Department believes that existing research adequately documents the detectability of warning materials meeting or exceeding the current Access Board requirement, and, therefore, that the materials will mitigate this hazard. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." Business Hours:8:30am-5:00pm ET, M-F. All documents and other information concerning the request shall be available, upon request, to members of the public. A transit authority and an "elderly and handicapped" advisory committee sought assurance that transit authorities and advisory committees, respectively, would be part of the public participation process. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. When it drafted these provisions, the Department contemplated a small number of requests from transit providers concerning individual facility or vehicle problems on which flexibility in applying accessibility standards could be provided without negative effects on accessibility. 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. The study affirms the excellent detectability of materials meeting Federal standards. 57 0 obj <>stream These were primarily, but not exclusively, from the blind community. Remote . 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 0 These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. The FTA Administrator sent letter to a number of manufacturers to inform them that their designs appeared to meet the dimensional requirements intended by the Access Board. Entities shall not cite these determinations as indicating that a products or methods constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. It is a way of encouraging innovation and the application of newer technologies. 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. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. PTSB described, in some detail, how the design and operation of a particular lift model (a front door "arcing" lift manufactured by EEC, Inc., Model 141) could create specific hazards for standees. The uniformity considerations mentioned by commenters will be taken into account in this process. 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. There are reasons to have such a requirement. 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. 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. As such, training is required, and adequate training time should be allowed. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. An ambulatory person with a disability may be unable to stand for long periods, meaning that the person would be effectively denied access to transportation if he or she could not sit down on a crowded bus. In @ 37.7, paragraph(b) is revised to read as follows. Loss contingencies resulting from illegal acts endstream endobj startxref Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." 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. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. This can happen in one of two ways. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. It is important to remember that the NPRM never raised the issue of whether detectable warnings should be installed on rail platform edges, only the issue of when installation should be completed. 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." (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. (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 Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. 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. If the technical standard changes at this or any future point, the Department could, in appropriate situations, apply the grandfathering provision in the Department's ADA rule (49 CFR 37.9) to avoid making rail operators re-install detectable warnings meeting the revised standard. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. Four state or local transportation agencies asked that FTA (or perhaps APTA) publish, in the Federal Register or elsewhere, its approvals of requests for equivalent facilitation, so that other transit authorities would know what products or accommodations were acceptable. One rail operator cited a 1991 study performed by a consultant for DOT that noted a number of problems that had occurred in early installations of detectable warnings. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. 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 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. statement regarding inability to obtain reasonable transportation X The ADA requires the Department to adopt standards consistent with the Access Board guidelines. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. 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. 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. For these reasons, the Department will continue to make equivalent facilitation determinations. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. The FTA never intended its letters to be used as product endorsements or certifications of compliance. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. 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 Secure .gov websites use HTTPS Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. 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. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. 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. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. 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. that continued to exist even if the lift had a handrail. 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. Converts for an unauthorized term or use 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. A disability community commenter suggested. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. The petition requested that the detectable warnings standard be suspended, pending further research. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. Documentation Requirements. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. 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. 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. Obviously, a wheelchair user needs access to a securement location. However, the ADA regulation is in Subchapter I of that Title. 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. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. (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. 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