(Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. 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. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. * * * * *, 8. One disability community commenter and one state or local agency working on disability matters recommended that, regardless of other considerations, each train always have at least one accessible car (after July 1955, presumably). 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 DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. 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. 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. However, nothing in the study suggests that these problems appear insuperable; nor does the study suggest that a prolonged period of time (e.g., five years) is needed for rail operators to solve these problems. To cover these situations, we proposed changing the rule to authorize the Administrator of the concerned operating Administration to make such a determination, with the concurrence of the Assistant Secretary for Policy and International Affairs in order to ensure consistency. 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. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. You need to document why you needed the missing records, and why they 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.) [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. 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. 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. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. 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. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of (The study suggests that frequent cleaning is important.) Disability Resource Center In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. Other commenters suggested adding safeguards to ensure accessibility. The study affirms the excellent detectability of materials meeting Federal standards. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. 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. 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 Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. 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. While manufacturers' and consumers' comments assert that cited problems concerning the materials have largely been solved, it is clear that rail operators are not persuaded that their concerns about installation, safety, durability, and maintainability have been fully addressed. All of these, in PTSB's view, present clear safety hazards to standees. A transit provider said that, in case the Access Board changed its standard, detectable warnings that had been installed in the meantime should be grandfathered. 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. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. The supporting (j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location. 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. Obviously, a wheelchair user needs access to a securement location. DREDF also cited ADA legislative history favoring use of lifts by standees, the practices of some transit agencies which allow standees to use lifts, extra costs to paratransit systems if ridership on fixed route systems by standees were limited, and a general concern that ADA regulations' protections should not be weakened. Five transit agencies noted that they provided lift service to standees without significant problems. WebReasonable accommodations also include any structural changes that may be necessary. 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 ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. An official website of the United States government Here's how you know. The Department can also attempt to assist in obtaining disability group input. 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. (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. (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. The Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, The chance of the future event or events occurring is more than remote but less than likely. Phone: 202-366-6242, 1200 New Jersey Avenue, SE Hours. Seven additional commenters favored longer delays. PAGE 1158 FR 63092, *63096letter-writing campaign organized by the Disability Rights Education and Defense Fund (DREDF), whose comment is probably the most thorough and typical statement of the disability community's objections to the proposal. 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. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. Official websites use .govA .gov website belongs to an official government organization in the United States. II. One commenter suggested that the postponement apply here, as well. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. 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.) Web(7) Eligibility. Official websites use .govA .gov website belongs to an official government organization in the United States. For safety and liability reasons, they would prefer not to carry standees on such lifts. The Department encourages rail operators to install detectable warnings before the required date. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. Rail properties need to begin working now with manufacturers and construction contractors to ensure that materials are installed in the way that best serves everyone's interest in adhesion, durability, and maintainability. One of these commenters simply said that the current rule should be left in place, without change. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 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 Operators can only make the request but cannot enforce it. Webdisabilities who are unable to use the vehicle because the lift does not work. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. However, the ADA regulation is in Subchapter I of that Title. The items or services outlined in the Action Plan, at no additional cost to your administration. 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