Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. The The Department received over 550 comments on the NPRM, most of which came from individuals with disabilities or organizations representing them, state and local agencies working on disability matters, state and local transportation agencies, and equipment manufacturers. All of these, in PTSB's view, present clear safety hazards to standees. 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. 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. 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. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . For safety and liability reasons, they would prefer not to carry standees on such lifts. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H 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. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. 107. Current products (including some developed. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. The Nations transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19. 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. 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. 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. 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. PAGE 1658 FR 63092, *63098concerning detectable warning materials to make sure that, in all respects, a proposed "equivalent" material truly provides equal or greater detectability and safety benefits. The future event or events are likely to occur. Receive email updates about the latest in Safety, Innovation, and Infrastructure. The Department believes that one commenter's concerns about the relationship of the yellow safety strip or "bumpers" (i.e., strips of material along the outward-facing edges of platforms to protect the rail cars and platform edges from abrasion) on some of its platforms can be addressed successfully without regulatory change, and the Department will work with rail operators to that end. 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 second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. Amtrak may have a standing reimbursable agreement with Boston or Washington/Baltimore area commuter authorities to borrow commuter rail cars on short notice in these situations. 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. 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. 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. 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. (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. Given the urgency of the concerns expressed by disability community comments and the strong safety rationale for installing detectable warnings, the Department will not adopt the proposed 18-month extension, however. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. 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. 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. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. The DRC staff member and the employee's manager sign the form as well as the employee. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. The key point in the comments, from the Department's point of view, is the absence of information documenting a safety problem resulting from standees' use of lifts. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Seating spaces may have fold-down or removable seats to accommodate other passengers when a wheelchair or mobility aid user is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space provided (See Fig. 20590. It would not be appropriate for the Department to indefinitely suspend a requirement that addresses a known safety problem on the basis of speculation about a safety problem that has not been shown to exist. However, the ADA regulation is in Subchapter I of that Title. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. 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. All documents and other information concerning the request shall be available, upon request, to members of the public. * * * * *(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. 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. The FTA never intended its letters to be used as product endorsements or certifications of compliance. Given the differences between the bus and rail contexts, and the specific requirements that the ADA applies to rail, it does not seem appropriate to apply the "don't diminish fleet accessibility percentage" rule to this situation. 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 will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 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. As such, training is required, and adequate training time should be allowed. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. 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. These good faith efforts are the same that apply to purchases of used rolling stock (e.g., buses) by mass transit systems-an initial solicitation for accessible vehicles, a nationwide search for accessible vehicles, including advertising in trade publications and contacting trade associations. (202) 366-9306 (voice); (202) 755-7687 (TDD). The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." The less stringent standard could also encourage misleading or unethical practices, they said. statement regarding inability to obtain reasonable transportation 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). @ 38.113 -- [Amended] 11. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. 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. 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