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Source: Rehab Briel. National Institute on Disability and Rehabilitation Research, Washington, DC, Vol. XII, No. 10. (1990).
AS.O Restaurants and Cafeterias
New York has also adopted a detailed technical spectfication which may be useful.
A4.33.6 Placement of Listening Systems. A distance of 50 ft (15 m) allows a person to distinguish performers' facial expressions. A4.33.7 Types of Listening Systems. An assistive listening system appropriate for an assembly area for a group of persons or where the specific individuals are not known in advance, such as a playhouse, lecture hall or movie theater, may be different from the system appropriate for a particular individual provided as an auxiliary aid or as part of a reasonable accommodation. The appropriate device for an individual is the type that indwidual can use, whereas the appropriate system for an assembly area will necessarily be geared toward the "average or aggregate needs of various indtviduals. A listening system that can be used from any seat in a seating area is the most flexible way to meet this specification. Earphone jacks with variable volume controls can benefit only people who have slight hearing loss and do not help people who use hearing aids. At the present time, magnetic induction loops are the most feasible type of listening system for people who use hearing aids equipped with T-cous," but people without hearing aids or those with hearing aids not equipped with inductive pick-ups cannot use them without special receivers. Radio frequency systems can be extremely effective and inexpensive. People without hearing aids can use them, but people with hearing aids need a special receiver to use them as they are presently designed. If hearing aids had a jack to allow a by-pass of microphones, then radio frequency systems would be suitable for people with and without hearing aids. Some listening systems may be subject to interference from other equipment and feedback from hearing aids of people who are using the systems. Such interference can be controlled by careful engineering design that anticipates feedback sources in the surrounding area. Table A2, reprinted from a National Institute of Disability and Rehabilitation Research "Rehab Brief,” shows some of the advantages and disadvantages of different types of assistive listening systems. In addition, the Architectural and Transportation Barriers Compliance Board (Access Board) has published a pamphlet on Assistive Listening Systems which lists demonstration centers across the country where technical assistance can be obtained in selecting and installing appropriate systems. The state of
A5.0 Restaurants and cafeterias. A3.1 General. Dining counters (where there is no service) are typically found in small carry-out restaurants, bakeries, or coffee shops and may only be a narrow eating surface attached to a wall. This section requires that where such a dining counter is provided. a portion of the counter shall be at the required accessible height A7.0 Business and Mercantile. A7.213) Assistive Listening Devices. At all sales and service counters, teller windows, box offices, and information kiosks where a physical barrier separates service personnel and customers, it is recommended that at least one permanently installed assistwe listening device complying with 4.33 be provided at each location or series. Where assistive listening devices are installed, signage should be provided identifying those stations which are so equipped. A7.3 Check-out Aisles. Section 7.2 refers to counters without aisles; section 7.3 concerns check-out aisles. A counter without an aisle (7.2) can be approached from more than one direction such as in a convenience store. In order to use a check-out aisle (7.3), customers must enter a defined area (an aisle) at a particular point, pay for goods, and exit at a particular point. A10.3 Fixed Facilities and Stations. A10.3.1(7) Route Signs. One means of making control buttons on fare vending machines usable by persons with vision impairments is to raise them above the surrounding surface. Those activated by a mechanical motion are likely to be more detectable. If farecard vending, collection, and adjustment devices are designed to accommodate farecards having one tactually distinctive corner, then a person who has a vision impairment will insert the card with greater ease. Token collection devices that are designed to accommodate tokens which are perforated can allow a person to distinguish more readily between tokens and common coins. Thoughtful placement of accessible gates and fare vending machines in relation to inaccessible devices will make their use and detection easier
for all persons with disabilities.
BILLING CODE 4910-92-C
APPENDIX B TO PART 37-UMTA
program office before procuring any inaccessible vehicle. Such public entities not receiving UMTA funds shall also file the certification with the appropriate state program office. Such public entities receiving UMTA funds under any other section of the UMT Act must file the certification with the appropriate UMTA regional office. This certification is valid for no longer than one year from its date of filing.
(name of authorized official)
Region I, Urban Mass Transportation Ad
ministration, 206 Federal Plaza, Suite
2940, New York, NY 10278 Region II, Urban Mass Transportation Ad
ministration, Transportation Systems Center, Kendall Square, 55 Broadway,
Suite 921, Cambridge, MA 02142 Region III, Urban Mass Transportation Ad
ministration, 841 Chestnut Street, Suite
714, Philadelphia, PA 19107 Region IV, Urban Mass Transportation Ad
ministration, 1720 Peachtree Road NW.,
Suite 400, Atlanta, GA 30309 Region V, Urban Mass Transportation Ad
ministration, 55 East Monroe Street,
Room 1415, Chicago, IL 60603 Region VI, Urban Mass Transportation Ad
ministration, 819 Taylor Street, Suite
9A32, Ft. Worth, TX 76102 Region VII, Urban Mass Transportation Ad
ministration, 6301 Rockville Road, Suite
303, Kansas City, MS 64131 Region VIII, Urban Mass Transportation
Administration, Federal Office Building, 1961 Stout Street, 5th Floor, Denver, CO
80294 Region IX, Urban Mass Transportation Ad
ministration, 211 Main Street, Room 1160,
San Francisco, CA 94105 Region X, Urban Mass Transportation Ad
ministration, 3142 Federal Building, 915 Second Avenue, Seattle, WA 98174
MPO Certification of Paratransit Plan The (name of Metropolitan Planning Or. ganization) hereby certifies that it has reviewed the ADA paratransit plan prepared by (name of submitting entity (ies)) as required under 49 CFR part 37. 139(h) and finds it to be in conformance with the transportation plan developed under 49 CFR part 613 and 23 CFR part 450 (the UMTA/ FHWA joint planning regulation). This certification is valid for one year.
name of authorized official
APPENDIX C TO PART 37
Existing Paratransit Service Survey This is to certify that (name of public entity (ies)) has conducted a survey of existing paratransit services as required by 49 CFR 37.137 (a).
name of authorized official
Certification of Equivalent Service The (name of agency) certifies that its demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to:
(1) Response time;
(6) Availability of information and reservation capability; and
(7) Constraints on capacity or service availability.
In accordance with 49 CFR 37.77, public entities operating demand responsive systems for the general public which receive financial assistance under section 18 of the Urban Mass Transportation Act must file this certification with the appropriate state
Included Service Certification This is to certify that service provided by other entities but included in the ADA paratransit plan submitted by (name of submitting entity (ies)) meets the requirements of 49 CFR part 37, subpart F providing that ADA eligible individuals have access to the service; the service is provided in the manner represented; and, that efforts will be made to coordinate the provision of paratransit service offered by other providers.
name of authorized official
sions of 49 CFR part 37. It is intended to be used as definitive guidance concerning the meaning and implementation of these provisions. The Appendix is organized on a section-by-section basis. Some sections of the rule are not discussed in the Appendix, because they are self-explanatory or we do not currently have interpretive material to provide concerning them.
The Department also provides guidance by other means, such as manuals and letters. The Department intends to update this Appendix periodically to include guidance, provided in response to inquiries about specific situations, that is of general relevance or interest.
Joint Plan Certification I This is to certify that (name of entity covered by joint plan) is committed to providing ADA paratransit service as part of this coordinated plan and in conformance with the requirements of 49 CFR part 37, subpart F.
name of authorized official
Joint Plan Certification II This is to certify that (name of entity covered by joint plan) will, in accordance with 49 CFR 37.141, maintain current levels of paratransit service until the coordinated plan goes into effect.
name of authorized official
AMENDMENTS TO 49 CFR PART 27 Section 27.67(d) has been revised to reference the Access Board facility guidelines (found in appendix A to part 37) as well as the Uniform Federal Accessibility Standard (UFAS). This change was made to ensure consistency between requirements under section 504 and the ADA. Several caveats relating to the application of UFAS (e.g., that spaces not used by the public or likely to result in the employment of individuals with disabilities would not have to meet the standards) have been deleted. It is the Department's understanding that provisions of the Access Board standards and part 37 nake th unnecessary.
The Department is aware that there is a transition period between the publication of this rule and the effective date of many of its provisions (e.g., concerning facilities and paratransit services) during which section 504 remains the basic authority for accessibility modifications. In this interval, the Department expects recipients' compliance with section 504 to look forward to compliance with the ADA provisions. That is, if a recipient is making a decision about the shape of its paratransit service between the publication of this rule and January 26, 1992, the decision should be in the direction of service that will help to comply with post-January 1992 requirements. A recipient that severely curtailed its present paratransit service in October, and then asked for a three- or five-year phase-in of service under its paratransit plan, would not be acting consistent with this policy.
Likewise, the Department would view with disfavor any attempt by a recipient to accelerate the beginning of the construction, installation or alteration of a facility to before January 26, 1992, to "beat the clock” and avoid the application of this rule's facility standards. The Department would be very reluctant to approve grants, contracts, exemption requests etc., that appear to have this effect. The purpose of the Department's administration of section 504 is to ensure compliance with the national policy
State Certification that Plans have been
Received This is to certify that all ADA paratransit plans required under 49 CFR 37.139 have been received by (state DOT)
name of authorized official
APPENDIX D TO PART 37-CONSTRUC
TION AND INTERPRETATION OF PROVI-
This appendix explains the Department's construction and interpretation of provi
stated in the ADA, not to permit avoidance ly into one category or the other. Other sysof it.
tems may not so clearly fall into one of the
categories. Nevertheless, because how & SUBPART A-GENERAL
system is categorized has consequences for Section 37.3 Definitions
the requirements it must meet, entities
must determine, on a case-by-case basis, into The definition of "commuter authority" which category their systems fall. includes a list of commuter rail operators In making this determination, one of the drawn from a statutory reference in the
key factors to be considered is whether the ADA. It should be noted that this list is not
individual, in order to use the service, must exhaustive. Other commuter rail operators
request the service, typically by making a (e.g., in Chicago or San Francisco) would call. also be encompassed by this definition.
With fixed route service, no action by the The definition of "commuter bus service"
individual is needed to initiate public transis important because the ADA does not re
portation. If an individual is at a bus stop at quire complementary paratransit to be pro
the time the bus is scheduled to appear, vided with respect to commuter bus service
then that individual will be able to access operated by public entities. The rationale
the transportation system. With demand-rethat may be inferred for the statutory ex
ponsive service, an additional step must be emption for this kind of service concerns its
taken by the individual before he or she can typical characteristics (e.g., no attempt to
ride the bus, i.e., the individual must make a comprehensively cover a service area, limit
telephone call. ed route structure, limited origins and desti
(S. Rept. 101-116 at 54). nations, interface with another mode of
Other factors, such as the presence or abtransportation, limited purposes of travel). These characteristics can be found in some
sence of published schedules, or the varia
tion of vehicle intervals in anticipation of transportation systems other than bus systems oriented toward work trips. For exam
differences in usage, are less important in ple, bus service that is used as a dedicated
making the distinction between the two
types of service. If a service is provided connecter to commuter or intercity rail service, certain airport shuttles, and university
along a given route, and a vehicle will arrive bus systems share many or all of these char
at certain times regardless of whether a pasacteristics. As explained further in the dis- senger actively requests the vehicle, the cussion of subpart B, the Department has
service in most cases should be regarded as determined that it is appropriate to cover
fixed route rather than demand responsive. these services with the requirements appli
At the same time, the fact that there is an cable to commuter bus systems.
interaction between a passenger and transThe definitions of "designated public
portation service does not necessarily make transportation” and “specified public trans
the service demand responsive. For many portation" exclude transportation by air- types of service (e.g., intercity bus, intercity craft. Persons interested in matters concern
rail) which are clearly fixed route, a passening access to air travel for individuals with ger has to interact with an agent to buy a disabilities should refer to 14 CFR part 382, ticket. Some services (e.g., certain commuter the Department's regulation implementing bus or commuter rail operations) may use the Air Carrier Access Act. Since the facility flag stops, in which a vehicle along the requirements of this part refer to facilities
route does not stop unless a passenger flags involved in the provision of designated or the vehicle down. A traveler staying at a specified public transportation, airport fa- hotel usually makes a room reservation cilities are not covered by this part. DOJ before hopping on the hotel shuttle. This makes clear that public and private airport kind of interaction does not make an otherfacilities are covered under its title II and wise fixed route service demand responsive. title III regulations, respectively.
On the other hand, we would regard a The examples given in the definition of system that permits user-initiated devi. "facility" all relate to ground transporta- ations from routes or schedules as demandtion. We would point out that, since trans- responsive. For example, if a rural public portation by passenger vessels is covered by transit system (e.g., a section 18 recipient) this rule and by DOJ rules, such vessel-re- has a few fixed routes, the fixed route porlated facilities as docks, wharfs, vessel ter- tion of its system would be subject to the reminals etc. fall under this definition. It is in- quirements of subpart F for complementary tended that specific requirements for vessels paratransit service. If the entity changed its and related facilities will be set forth in system so that it operated as a route-devifuture rulemaking.
ation system, we would regard it as a The definitions of "fixed route system" demand responsive system. Such a system and "demand responsive system" derive di- would not be subject to complementary rectly from the ADA's definitions of these paratransit requirements. terms. Some systems, like a typical city bus The definition of "individual with a dissystem or a dial-a-ride van system, fit clear- ability” excludes someone who is currently