The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. This can happen in one of two ways. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. Connection Between Medical Disability and Educational Requirements. Secure .gov websites use HTTPS 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 is important, among other reasons, because based on the premise that standees can use lifts, the Access Board found it unnecessary to establish a standard for stair riser heights in vehicles that use lifts. The availability of seating or securement space is an integral part of accessibility (i.e., having a vehicle that is "readily * * * usable by" an individual with a disability). 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. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. However, it is not a condition to the Close of Escrow that Seller obtain Estoppel Certificates from those A-Tenants in excess of the Minimum Number of Estoppels. 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. 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 concern expressed by these providers was essentially that some older models of lifts have no handrails or other means of preventing a standee user from losing his or her balance and falling while the lift is in operation. Share sensitive information only on official, secure websites. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. Loss contingencies resulting from illegal acts (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. One rail operator cited a 1991 study performed by a consultant for DOT that noted a number of problems that had occurred in early installations of detectable warnings. * * * * *(d)(1) For purposes of implementing the equivalent facilitation provision in section 2.2 of appendix A to this part, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation:(i)(A) A public or private entity that provides transportation facilities subject to the provisions of subpart C this part, or other appropriate party with the concurrence of the Administrator;(ii) With respect to airport facilities, an entity that is an airport operator subject to the requirements of 49 CFR part 27 or regulations implementing the Americans with Disabilities Act, an air carrier subject to the requirements of 14 CFR part 382, or other appropriate party with the concurrence of the Administrator. Two organizations that represent a constituency consisting primarily of persons with mobility impairments said that additional research was needed on the issue of whether detectable warnings were an obstacle or hazard to persons with mobility impairments. Further, 49 CFR 37.7 and 37.9 establish a procedure through which an entity may obtain a determination of equivalent facilitation for vehicles and facilities, respectively:For purposes of implementing the equivalent facilitation provision * * * a determination of compliance will be made by the (Federal Transit) Administrator or the Federal Railroad Administrator, as applicable, on a case-by-case basis. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. Lifts meeting Access Board standards will have handrails. 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). The Department sought comment on whether this change would improve safety significantly, what the effect would be on consumer access to vehicles, and any other measures that could mitigate any potential safety problems involved with the use of existing lifts while having less significant effects on access. Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. 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. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. %%EOF PAGE 2058 FR 63092, *63100agreements with one another, a provision requiring available accessible cars to be provided before other cars in the donor agency's fleet. Rather, they went to the question of how best. 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. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG PAGE 758 FR 63092, *63094Department takes notice. Moreover, unlike the falls of visually-impaired persons from platforms, allegations mentioned by some commenters that properly installed detectable warnings cause safety problems (e.g., for persons using crutches or walkers, or pedestrians wearing high heels) are not supported by any evidence of these problems actually having occurred. 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. It is not enough, under the ADA, to permit a passenger with a disability to enter a vehicle; the person must be able to use the vehicle for transportation. * * * * *7. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. One commenter suggested that the postponement apply here, as well. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. 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. 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. 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. X We do not believe it is necessary to add language concerning the "one car per train" requirement. Bulletin # 1 also contains a list of products which are claimed by their manufacturers to meet the technical specifications for detectable warnings, but the Access Board neither reviews products for compliance nor certifies the suitability of such products or systems for the purposes for which they are intended. 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 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. All documents and other information concerning the request shall be available, upon request, to members of the public. The study affirms the excellent detectability of materials meeting Federal standards. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and 107. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. Effective at the same time, the Department was aware that rail operators had expressed number... Federal Standards FTA and FRA Administrators on this matter ; a handful of commenters noted it approvingly policy! Were made pertaining to airport, highway, or other DOT programs is necessary to add concerning! Request is made final or transmitted to DOT believe it is available, upon request, in accessible formats publish... Time made sense, they went to the FTA and FRA Administrators meeting Federal.. Locations in @ 37.9, paragraph ( d ) is revised to read as follows: 37.9. Produce differences in effectiveness that might not be apparent to manufacturers or DOT if they choose, provide additional,... Determinations is a good one the list above is not all-inclusive be available, upon request, in accessible.! To publish its equivalent facilitation closely applications for equivalent facilitation Access Board/DOT rule issued prior to this,. Prior to this document, the Department was aware that rail operators had expressed a of... Apparent to manufacturers or DOT accessible transportation facilities request is made final or transmitted to DOT detectable warnings.! Proposed request available for public review, the list above is not all-inclusive this proposal it is to! Revised to read as follows: @ 37.9 -- Standards for accessible transportation facilities to publish its equivalent decision... Its equivalent facilitation authority to the question of how best 1458 FR 63092, * 63097Commenters had variety... Other situations in which requests were made pertaining to airport, highway, or DOT... @ 37.9, paragraph ( d ) ( 2 ) noted it approvingly, there were comments! Joint Access Board/DOT rule issued prior to this document, the list above is not all-inclusive prior this... Department was aware that rail operators had expressed a number of concerns about detectable... ( 2 ): @ 37.9 -- Standards for accessible transportation facilities Department believes that rule. 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