Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. 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. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. To accommodate this situation, the Department proposed to add a new paragraph to this section, which would allow good faith efforts to be documented in a different way. 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. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. U.S. Department of Transportation, 1200 New Jersey Ave, SE Obviously, a wheelchair user needs access to a securement location. (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 main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. Parts 37 and 38 require wheelchair securement. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. Commenters also asked for more clarification or guidance on certain subjects. 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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. 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. An official website of the United States government Here's how you know. 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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. 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. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. A disability community commenter objected to the "to the extent practicable" clause for rail systems. 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. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG Again, I must emphasize he needs to be reasonably sure and NOT It is not fair to burden research with the expectation that it will solve all practical problems, which probably are best worked out in actual planning and installation. Reasonably possible . 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. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. 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. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. The authority citation for 49 CFR part 38 is revised to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. 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. 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. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. 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 One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). It is Island Transits policy that riders will be requested to yield priority seating at the front of the bus to the elderly and persons with disabilities. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. The 1991 study referred to by a commenter ("Innovative Solutions for Disabled Transit Accessibility" Thomas J. McGean, October 1991) evaluates detectable warning materials that had been installed up to that time. People using canes or walkers and other standees with disabilities who do not use wheelchairs but have difficulty using steps (e.g., an elderly person who can walk on a plane without use of a mobility aid but cannot raise his or her legs sufficiently to climb bus steps) must also be permitted to use the lift, on request. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor spacePAGE 2858 FR 63092, *6310348 inches by 30 inches. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . * * * * *. The Department stated in the NPRM that having an adequate detectable warning system to warn blind and visually impaired passengers that they are near a platform edge is a vital safety matter for these passengers. An FTA regulation (49 CFR 609.15(d)) requires FTA-assisted public transit authorities to designate priority seating near the front of vehicles for elderly and handicapped persons. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. The Department can also attempt to assist in obtaining disability group input. The sixth change would modify the good faith efforts that Amtrak and commuter rail operators would have to make in order to lease used rail vehicles. We do not believe that such accommodations should be required, however. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). 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. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. A substantial number of commenters opposed the Department's proposal, asserting that the detectable warnings requirement, as written, should go into effect without any postponement. A driver cannot be expected to intuit the existence of a disability that is not apparent. The Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services. The supporting The Department is adopting this proposal without change. Other commenters suggested adding safeguards to ensure accessibility. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. 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. Read Liz's story. A disability community commenter suggested. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I hb``g`` Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. When the needed technologies or other products are delivered, DRC doesn't stop there. This product did not meet the original Access Board design requirement for detectable warnings. 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. The DRC staff member and the employee's manager sign the form as well as the employee. The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. Share sensitive information only on official, secure websites. They suggested that public and private entities be subject to the same procedures. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. Webthe issuance of Statement on Auditing Standards No. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. Issued this 25th day of October, 1993, at Washington, D.C. Federico Pena,Secretary of Transportation.For the reasons set forth in the Preamble, the Department of Transportation amends 49 CFR parts 37 and 38 as follows: (b)(1) For purposes of implementing the equivalent facilitation provision in @ 38.2 of this subtitle, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation: PAGE 2358 FR 63092, *63101(i) A public or private entity that provides transportation services and is subject to the provisions of subpart D or subpart E this part; or(ii) The manufacturer of a vehicle or a vehicle component or subsystem to be used by such entity to comply with this part. The Department believes that the Access Board proposal, which focuses on the reach range requirements for ATMs, is reasonable for fare vending machines as well. This is because the economic effects of the rule in general should be minimal; to the extent that the rule reduces costs (e.g., by delaying the requirement for completing the installation of detectable warnings), this beneficial effect will affect only large entities. 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). Receive email updates about the latest in Safety, Innovation, and Infrastructure. PAGE 2158 FR 63092, *63100(ATMs). An official website of the United States government Here's how you know. 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. 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