Washington Netopotitan area ‘Transit Authority 0 Ft svet seingor, 0c 20003 AD of Coun, June 29, 2018 Ms. Henrika Buchanan Acting Associate Administrator Office of Transit Safety and Oversight U.S. Department of Transportation Federal Transit Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Dear Ms. Buchanan: On behalf of Mr. Wiedefeld, | am writing in response to your June 22, 2018 letter concerning the between car barriers (BCBs) on WMATA’s 7000-series railcars manufactured by Kawasaki Rail Car, Inc. First and foremost, | want to reiterate WMATA's commitment to safety and accessibility, and confirm that we are moving as expeditiously as possible to retrofit the 7000-series railcars with chain barriers, which are currently scheduled for completion by November 2019. We have previously documented for you the materials shortages that have prevented WMATA from completing the retrofit in 2018. In addition, we have been educating and advising passengers and special interest groups and are currently taking a number of actions to assist passengers in safely boarding 7000-series trains until the installation of chain barriers on all 7000-series railcars is complete (outlined in further detail in Exhibit 1). Attached to this letter you will find WMATA’s work plan that is responsive to the four components you require (attached hereto as Exhibit 1). While we have complied, we strongly disagree with the ultimatum contained in the June 22 letter to ground WMATA’s 7000-series railcars. As noted at greater length below: (1) WMATA’s 7000-series railcars have been tested and proven both safe and ADA-complaint; (2) the Tri-State Oversight Committee (‘TOC’) received and did not object to WMATA's Design Verification Report on the 7000-series railcars which permitted WMATA to move to production’; (3) the FTA funded WMATA's purchase of the 7000-series with the rubber BCBs; (4) the FTA attended the testing and assessment of the rubber BCBs on the 7000-series on August 18, 2016; (5) the FTA has not provided substantiation, test results or empirical evidence of safety risks; and (6) grounding of the 7000-series railcars would be severely and acutely detrimental to the millions of WMATA riders. 1 At the time of the design review, the TOC was WMATA's state safety oversight entityMs. Henrika Buchanan Page 2 Notwithstanding WMATA's longstanding plan to retrofit the 7000-series railcars, WMATA is compelled to restate at this time that the rubber BCB configuration on these railcars is both safe and compliant with the Americans with Disabilities Act (‘ADA’). The relevant regulation, 49 C.F.R. § 38.63 (‘Section 38.63") requires generally only that "suitable devices or systems shall be provided to prevent, deter or warn individuals from inadvertently stepping off the platform between cars. Acceptable solutions include, but are not limited to, pantograph gates, chains, motion detectors or similar devices.” 49 C.F.R. § 38.63 (emphasis added). Despite its multiple publications on this topic, neither the Department of Transportation (‘DOT’) nor the FTA has promulgated any regulations or standards or provided any guidance as to what constitutes an acceptable design or configuration of various BCB mechanisms. In the absence of any regulations or guidance identifying all acceptable solutions or providing specific dimensions regarding BCBs, transit providers, including WMATA, are implicitly authorized to make such determinations. Accordingly, after numerous meetings and discussions with the FTA regarding the rubber BCBs on the 7000-series railcars, WMATA is restating our position that the rubber BCBs effectively prevent, deter or wam individuals from inadvertently stepping off the platform between cars, as required by Section 38.63. On August 18, 2016, FTA was present when WMATA enlisted six individuals with various visual disabilities utilizing various mobility aids (including white canes, service animals, and no visual aids) to perform live testing of the detectability of the rubber BCBs. The six individuals were members of or affiliated with the WMATA Accessibility Advisory Committee, the American Council of the Blind, the National Council Citizens with Low Vision, the National Federation of Blind — MD Chapter, Virginia Tech, and the Columbia Lighthouse for the Blind. All of the individuals who participated in the tests were able to safely navigate onto the train without difficulty or incident. ‘WMATA provided the FTA the report of its test results in a letter dated September 28, 2016 (attached hereto as Exhibit 2). WMATA also notes that the FTA's only support for its finding that the rubber BCBs are unsafe is (1) that the rubber BCBs are more difficult to detect with a cane, (2) the fact that the rubber BCBs “leave as much as a nine-inch gap at the platform level, which can be mistaken for an opening,"? and (3) the 2 As set forth previously, neither the DOT nor the FTA have prescribed maximum gap measurements; the mere fact that a gap of nine inches exists does not constitute a violation of the ADA or any standard in the ADA Standards for Accessible Design.Ms. Henrika Buchanan Page 3 alleged “inconsistency” in WMATA’s BCB system. WMATA disputes both the underlying facts and the inferences in these statements. The customer involved in the May 25, 2018 incident was using a white cane and searching for the open door of a stationary car when she mistook the opening between cars 7251-7250 as a doorway, stepped off the platform, and fell onto the track, sustaining minor injuries. The video footage of the event also shows that the customer did not use any universally-accepted protocol for testing for object detection on the floor or doorways prior to stepping off the platform. This aspect of the event is not contained in the FTA letter. Therefore, there is absolutely no evidence that any individual with visual impairments using widely-accepted means of object detection has ever mistaken the gap between the 7000-series railcars and the platform level as the area of door-opening, nor are there any known incidents demonstrating that the rubber BCBs are more difficult to detect with a cane than chain barriers. Indeed, the above-referenced testing proves the opposite is true, as does the fact that approximately several hundred people with visual impairments have daily boarded the 7000-series railcars with rubber BCBs for more than 18 months without incident? WMATA takes customer concerns on safety very seriously. Yet the mere fact of a single incident (or even more than one) without context does not establish that the configuration of the rubber BCBs is unsafe or non- compliant. With tens of thousands of riders over an extended period of time, any attempt to draw a conclusion based on the May 25, 2018, incident lacks an empirical basis and would be arbitrary and capricious. WMATA cannot possibly be expected to design for and protect against all situations involving its railcars, particularly those that arise when individuals depart from the basic standard of care. WMATA is committed to reducing the risks associated with its railcars, and has acted responsibly to do so. Risks created by individuals will always exist, and WMATA cannot be held to account for all such incidents or for an accident-free ridership experience in a system with hundreds of thousands riders daily. ‘Second, any claim that “inconsistency” is problematic is itself inconsistent if you review the BCBs of other transit systems. While the FTA is correct that the type of BCBs on WMATA's fleet of railcars is not the same across its fleet, 3.On or about August 1, 2016, WMATA received a hotline call reporting that two days prior fon July 29, 2016, a customer with a visual impairment fell between cars onto the roadway. WMATA investigated the incident and was only able to substantiate that the customer dropped his white cane on the roadway. The cane was retrieved and retuned to the customer. WMATA was not able to substantiate through eye witness testimony or otherwise that the customer fell onto the roadway.Ms. Henrika Buchanan Page 4 the same is true of every transit system in the country that we have reviewed, including the transit systems in New York, Boston, Chicago, Atlanta and Miami to name a few. The FTA's attempt to cite inconsistency in WMATA’s fleet as evidence of a safety issue or violation of the ADA, despite broad inconsistencies in many other transit systems around the country simply because of one incident where a rider did not use any universally-accepted detection protocol, is arbitrary and capricious and does not in any way demonstrate WMATA’s deviation from the law. Finally, the magnitude of the adverse impact to WMATA's riders and the entire Washington Metropolitan area as a result of FTA’s threat to ground a large part of WMATA's fleet cannot be overstated. The FTA certainly understands that public transit is essential for individuals in the Washington Metropolitan area, including individuals with disabilities. As such, grounding a large portion of WMATA’s fleet would not only negatively impact the hundreds of thousands of daily Metrorail riders, but would result in massive traffic congestion as workers and D.C. school children find alternative means to get to work and school WMATA reiterates its commitment to safety and accessibility. WVe are working as expeditiously as possible to retrofit of the 7000-series railcars with chain barriers and will continue to provide education and assistance to ensure all passengers can safely board all WMATA trains. Please do not hesitate to contact me should you have any questions. Sincerely, Vatu Ga Patrick J. Lavin Chief Safety Officer cc: Ms. Jamie Pfister, Director, WMATA Safety Oversight, FTA Ms. Sharmila Samarasinghe, Chair, Tri-State Oversight CommitteeEXHIBIT 1 1) WMATA is and has been educating and advising passengers and special interest groups about the 7000-series railcar BCBs by undertaking the following actions: a. WMATA began discussing the 7000-series rail car BCB design with the WMATA Accessibility Advisory Committee (AAC) in or around August 2011, and has since provided periodic updates to the AAC and the public. As recently as June 2018, updates covered the progress of the BCB retrofit project to replace all of the rubber barriers with chain barriers to deliver a consistent BCB. During each of these discussions, WMATA reminds AAC members and the public of the importance for people with visual disabilities to use canes to feel for a solid floor prior to stepping forward onto any train in the Metrorail system, including the 7000-series. b. On September 9, 2016, WMATA issued an informational e-newsletter about the 7000-series, including the BCB design, to over 400 disability stakeholders representing numerous organizations throughout the region. WMATA also ensured that the information in the e-newsletter was incorporated in the free travel training WMATA provides to customers interested in traveling independently on Metrorail. c. Aperiodic safety message has also begun airing in the stations and on the 7000- seties trains reminding customers to first “Find the Floor” when boarding Metrorail cars. 2) WMATA is taking the following actions to assist passengers in safely boarding 7000- series trains until the installation of the chain barriers is complete on all 7000-series cars: a. In addition to the safety announcement regarding safely boarding Metrorail trains by first “Finding the Floor’, WMATA is creating a second announcement that specifically highlights the fact that there are dual barriers on the 7000-series rail cars and re-emphasizes the need to “Find the Floor.” b. Anewsletter will also be issued to further describe the ADA features on the 7000- series railcars, to include the dual barrier BCB design. The newsletter will be posted on the wmata.com website and distributed to disability stakeholders tepresenting organizations throughout the region. cc. WMATA will explore a solution to make the rubber barriers more conspicuous.3) WMATA and the manufacturer, Kawasaki Rail Car, Inc. (Kawasaki), have taken the following actions to expedite deliver of parts and installation of the chain BCBs such that the 7000-series cars in revenue service will be equipped with these BCBs no later than December 31, 2018: a. On June 20, 2018, WMATA Executive Management met with the 7000-series car builder, Kawasaki, to discuss the 7000-series BCB delivery schedule. At this meeting, WMATA directed Kawasaki to expedite the schedule and exhaust all resources to find an alternate or additional BCB supplier. While Kawasaki is continuing to research alternative suppliers, to date none have been located. b. After receiving the FTA’s June 22, 2018 letter, WMATA leadership shared this correspondence with Kawasaki to again express the urgency of the situation and the continued need to expedite the BCB supply and installation schedule. As of this letter, Kawasaki has yet to find a more expeditious BCB solution. WMATA's current projected completion date is November 2019. c. If Kawasaki is not successful in expediting the approved BCB solution and there is no flexibility in the FTA requirements, on January 1, 2019, WMATA will experience an estimated 26% reduction in service, leading to 12 minute headways during peak AM and PM service. 4) WMATA will ensure that all new 7000-series cars not yet in revenue service will be equipped with the chain BCBs prior to entering revenue service by undertaking the following actions: a. The FTA is aware that we are not able to begin installation of the chain BCBs until August of 2018, at a rate of 50 cars per month. As of June 26, 2018, WMATA has 16 new 7000-series railcars on property that have not yet entered revenue service. Based on the FTA mandate above, these cars will be accepted but will not be placed in revenue service, regardless of the fact that there are 548 of the 7000- series railcars presently operating in revenue service and approximately half of them are without the chain BCB. b. From a commercial perspective, we are not able to stop Kawasaki's production line, as refusing acceptance of new railcars could result in significant financial penalties. Therefore, priority of BCB retroft will be to equip all new cars delivered to WMATA so we can continue to accept cars and not incur costs of halting production.EXHIBIT 2‘September 28, 2016 inda Ford, Director FTA Office of Civil Rights U.S. Department of Transportation 1200 New Jersey Ave SE Washington, DC 20590 Re: FTA Inquiry No. 2016-0058-IN ~ Between-Car Barriers on WMATA 7000- Series Railcars Dear Ms. Ford. This letter responds to a June 28, 2016 letter from the Federal Transit Administration (FTA) directing the Washington Metropolitan Area Transit Authority (WMATA) to perform testing of the between-car barriers used on the ends of the 7000-series rail cars. The 7000-series rail cars have a dual between-car barrier system. On an eight- car train, the traditional chain barriers are installed between the first and second cars, third and fourth cars, fifth and sixth cars, and seventh and eighth cars; and the new rubber barriers are installed between the second and third cars, fourth and fifth cars, and sixth and seventh cars. On August 18, 2016 at 10:00 am., WMATA performed testing of the | detectability of the between-car barriers by people who are blind/low vision. ‘The testing took place at the Greenbelt Metrorail station, with an eight-car train positioned on the inbound side of the platform. The test involved six | participants. Visual Disability Type and | Affiliation | Blind - white cane WMATA Accessibility Advisory | Committee Member | 2 Blind - service animal ‘American Council of the Blind (ACB) 3 | Low Vision - none National Council ens with Low Vision | Blind - white cane National Federation of Blind - MD_ | Chapter 5 _| Low Vision - white cane Virginia Tech © [Blind - white cane Columbia Lighthouse for the Blind ‘|Ms. Linda Ford Page 2 Testing WNATA facilitated two tests of barrier detectability: 1. Station Entrance to Platform to 7000-Series Car Door — In this test, the participants were asked to: (a) begin at the station entrance; (b) navigate to the station platform; and (c) locate themselves wherever they chose on the platform and “wait for the train to arrive." At this point, WMATA conducted a mock train arrival (.e., arriving announcement, door opening announcement, and door opening). The participants were then asked to board the train. This test was designed to measure the participants’ ability to safely board a 7000-series vehicle with or without detecting the between-car barrier. 2. Random Placement — In this test, WMATA staff randomly placed the participants at random points on the station platform lined up in front of various sections of the train: door, traditional between-car barrier, new between-car barrier, or body of a train car. This exercise was designed to test the detectability of the between-car barriers. Participants were asked to: (a) walk to the edge of the platform; (b) identify what part of the train they were standing in front of; (c) for those standing in front of a between-car barrier (traditional or new); asked what type of between-car barrier they were standing in front of; and (d) navigate from the platform edge (random location) onto the rail car. Results Test 1: Four of the six participants took part in Test 1 (two participants arrived after the conclusion of Test 1). All four participants were able to successfully navigate from the station entrance to the platform and on to the train without incident. Test 2: All six participants were able to navigate safely to the platform edge and to successfully detect at which part of the train they were located, The four Participants who were placed in front of a between-car barrier were able to accurately detect the barrier and identify the type; and all six participants were able to successfully navigate onto the train without difficulty or incident. Conelusi ‘WMATA took great strides to ensure that safety and accessibility compliance were the highest priorities during the design and decision-making process leading to the dual between-car barrier concept. WMATA remains confident in the safety and accessibility of the design, and in its compliance with allMs. Linda Ford Page 3 the safety and accessibility of the design, and in its compliance with all applicable law. Even though our testing confirmed the safety of the current design, after consulting with our customers and the FTA, WMATA has decided to conform all 7000 series between-car barriers to the design currently in existence on all other cars in revenue service. WMATA will install traditional chain barriers between all cars and has already engaged the 7000-series vendor in this decision. Cars that are still in production and all future orders will have the chain barriers installed prior to delivery to WMATA, and cars currently in revenue service will be retrofitted over the course of the next 8-15 months. For additional information or questions, please contact Christian Kent, Assistant General Manager, Access Services at 202-962-2100 or ckent@wmata.com. You may contact me directly at 202-962-1000 or at pwiedefeld@wmata.com. Sincerely, Tees General Manager and Chief Executive Officer cc: Patrick Lavin, Chief Safety Officer Joseph Leader, Chief Operating Officer Christian T. Kent, Assistant General Manager, Access Services FTA Region Ill