Hours. Last fall, the Access Board proposed amending its guidelines for ATMs. Their focus was on what could happen. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. 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. 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. Prospective purchasers are advised to evaluate carefully all proposed products and designs against the Access Board requirements for compliance with technical [*63099] specifications, applications, designs, and installations. Technology and product differentiation in the detectable warnings field does not stand still, and equivalent facilitation is an appropriate means to recognize evolution and innovation in these products. 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. Web(7) Eligibility. 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. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. In response to the disability group concerns about possible problems detectable warnings may create for people with mobility impairments, the FTA is available to work with rail properties that have installed or are testing detectable warning systems (and users of these systems who have mobility impairments) to determine whether such problems exist and merit any change in the detectable warning requirement. WebReasonable accommodations also include any structural changes that may be necessary. 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. United States, Phone: 888-446-4511 In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. Arizona Revised Statutes (ARS) 13-1803 Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. Therefore, complete Non-assertion of penalties due to reasonable Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. 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. statement regarding inability to obtain The information cited in the comment-which is consistent with the Department's information about this lift model-provides a reasonable basis for believing that its operation may be particularly hazardous to standees. 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. 0 Under appendix A of part 37, which adopts as part of a DOT regulation the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines for accessible facilities, sections 10.3.1 and 10.3.2, require that an accessible rail station have a 24-inch wide detectable warning strip running the entire length of the platform edge. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. DREDF also alluded to a DOT study which found that standees could use lifts successfully. 107. To clarify this point, the NPRM proposed adding to @ 37.167 a new paragraph spelling out this obligation, which would apply to private as well as public transportation entities. 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. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. The chance of the future event or events occurring is more than remote but less than likely. Webthe issuance of Statement on Auditing Standards No. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 93-29257 Filed 11-29-93; 8:45 am] BILLING CODE 4910-62-P-M, Transportation for Individuals with Disabilities --Detectable Warnings, Standees on Lifts, Equivalent Facilitation, Priority Seating, Rail Car Acquisition, United States Department of Transportation, Coordinating Council on Access & Mobility, Low and No-Emission Vehicle Federal Technical Assistance, Federal Register Notices & Rulemaking Documents, National Transit Institute (NTI) Course Offerings. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. Seventeen commenters supported restricting the access of standees to lifts. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. Four. A disability community commenter objected to the "to the extent practicable" clause for rail systems. 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. Phone: 202-366-6242, 1200 New Jersey Avenue, SE For work-related hardship license appeals, this means that you must provide a letter from your employer which explains your work hours and need for a license. We have some doubts about the practicality of providers carrying wheelchairs on their vehicles to use for standees who are trying to access a vehicle via the lift. 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. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. 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. Inability to obtain reasonable lodging in Texas. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. The ability to gather this information is an additional reason for providing the extension. You need to document why you needed the missing records, and why they The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. [*63098]. 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. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. * * * * *(c)(1) Unless an entity receives an extension under paragraph (c)(2) of this section, the public entity shall achieve accessibility of key stations as soon as possible, but in no case later than July 26, 1993, except that an entity is not required to complete installation of detectable warnings required by section 10.3.2(2) of appendix A to this part until July 26, 1994. This means, of course, that detectable warnings were to be in place by that date. It said that while new products have been developed, they have not yet been independently tested. 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 However, this organization did not comment on the NPRM, and there were no comments to the NPRM from any blind or visually impaired individuals or organizations representing them opposing detectable warnings on rail station platform edges. Manufacturers and transit providers are different kinds of entities, in different situations (e.g., a transit authority has a local "public" for which it makes sense to hold a public hearing; a manufacturer probably does not). 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. Many of these letters appeared to be generated by a. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. Detectable warnings can prevent that last mistaken step. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 20590. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. The Department can also attempt to assist in obtaining disability group input. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. 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statement regarding inability to obtain reasonable transportation