Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. We agree with the commenters who suggested modifying the proposal to specify that drivers or other personnel on vehicles not be required to enforce a request for someone to move from a priority seat (e.g., by physically removing a recalcitrant passenger or parking the bus and calling the police.) In none of these cases did the platform edge have a detectable warning. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. 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. They suggested that public and private entities be subject to the same procedures. In 49 CFR part 37, the words "Urban Mass Transportation Administration" are changed to the words "Federal Transit Administration" in every instance in which those words appear; the letters "UMTA" are changed to the letters "FTA" in every instance in which those letters appear; and the words "UMT Act" and "Urban Mass Transportation Act" are changed to the words "FT Act" and "Federal Transit Act" in every instance in which those words appear, and the definition of "FT Act" is moved to the proper alphabetical order. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. 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. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I The study also noted ongoing efforts at improving detectable warning materials. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. * * * * *(d) When Amtrak or a commuter authority leases a used intercity or commuter rail car for a period of seven days or less, Amtrak or the commuter authority may make and document good faith efforts as provided in this paragraph instead of in the ways provided in paragraph (c) of this section: [*63103](1) By having and implementing, in its agreement with any intercity railroad or commuter authority that serves as a source of used intercity or commuter rail cars for a lease of seven days or less, a provision requiring that the lessor provide all available accessible rail cars before providing any inaccessible rail cars. WebINABILITY TO OBTAIN. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. 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. 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. For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. Converts for an unauthorized term or use The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. * * * * *[FR Doc. 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. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. (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 . Fourteen commenters supported the NPRM provision as drafted. As such, training is required, and adequate training time should be allowed. The proposal received support from both disability community commenters (12) and state or local transportation agencies (10), with the remainder of comments (4) coming from state or local agencies working on disability matters. 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. Five transit agencies noted that they provided lift service to standees without significant problems. In @ 37.7, paragraph(b) is revised to read as follows. ].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 first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). They also asked why we seemed to assume that detectable warnings shouldn't be installed until we were sure they were other component of a rail system. Such spaces shall adjoin, and may overlap, an accessible path. 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The Access Board standard already requires information about the machines to be provided in a way that persons with impaired vision can use; specifying a voice synthesis capability does not seem necessary and is, in any event, beyond the scope of a proposal focusing on reach range. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." 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. We believe the changes to the process suggested in the NPRM-concerning the ability of the various DOT operating administrations to make these determinations and having different procedural steps for manufacturers and transportation providers-are reasonable. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. W56-403 Comments mentioned successful experiences with detectable warnings in some systems. These situations, some of which were recounted by fall victims themselves in detail, were in addition to cases in which visually-impaired passengers almost fell off, or had become very fearful of walking on, rail station platforms. liquid watercolor michaels. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. (56 FR 45618). 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. 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. There is no time to make a nationwide search or advertise in trade publications, and no point in seeking cars from distant commuter authorities (which may not meet dimensional requirements for Northeast Corridor service and which would take too long to arrive). The case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. The supporting The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. 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 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. (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. 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. 2. This extension applies only to detectable warnings. 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. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). 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. It said that while new products have been developed, they have not yet been independently tested. 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. Mp[ 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. (4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. 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. 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