For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. The FTA Administrator sent letter to a number of manufacturers to inform them that their designs appeared to meet the dimensional requirements intended by the Access Board. A disability community commenter objected to the "to the extent practicable" clause for rail systems. Other comments addressed a variety of concerns. Many of these letters appeared to be generated by a. Their focus was on what could happen. The study affirms the excellent detectability of materials meeting Federal standards. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. (6) Determinations of equivalent facilitation are made only with respect to transportation facilities, and pertain only to the specific situation concerning which the determination is made. These support services are provided throughout DOT, regardless of an employee's geographic 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. For a short-term lease of commuter rail cars (i.e., for a period of seven days or less; the Department sought comment on whether this is the appropriate period), Amtrak and commuter authorities could have, in standing. Five commenters (four transit agencies and a manufacturer) said that the purpose and design of fare vending machines were different enough from those of ATMs to warrant a different standard, at least with respect to some specifications. Those commenters who asserted that the two types of machines should have different requirements did not provide sufficient information on which the Department or the Access Board could base a separate standard. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. Copies of the final rule are available in alternative formats on request. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). 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. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. Thirty-one state and local agencies working with disability matters, three private transportation providers, three members of Congress (Senators Harkin and Kennedy and Representative Mineta), and four other commenters also advocated not changing the existing rule. statement regarding inability to obtain Therefore, complete Non-assertion of penalties due to reasonable
The Department strongly urges such training programs to transit providers, both as a way of improving customer service and of reducing any risks which transit providers believe may be created by the use of lifts by standees. These good faith efforts are the same that apply to purchases of used rolling stock (e.g., buses) by mass transit systems-an initial solicitation for accessible vehicles, a nationwide search for accessible vehicles, including advertising in trade publications and contacting trade associations. In @ 37.7, paragraph(b) is revised to read as follows. Arizona Revised Statutes (ARS) 13-1803 The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." Lifts meeting Access Board standards will have handrails. * * * * *. The Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. 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. that continued to exist even if the lift had a handrail. drc.interpreters@dot.gov endstream
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The Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services. Phone: 202-493-0625. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., room 10424, Washington, DC. 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. W56-403 Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. WebINABILITY TO OBTAIN. Another commenter said the Access Board specification for [*63094] detectable warnings should be made more precise, and that the "pathfinder" design had some international acceptance. It said that while new products have been developed, they have not yet been independently tested. This language should parallel that of @ 38.95(d). The Department stated in the NPRM that having an adequate detectable warning system to warn blind and visually impaired passengers that they are near a platform edge is a vital safety matter for these passengers. 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. According to a press report of the incident, the individual asserted that, had a detectable warning strip been in place, her fall would have been prevented. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. Phone: 202-366-6242, 1200 New Jersey Avenue, SE PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 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. 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. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. The discussion below pertains to this timing issue. Title I of the Americans with Disabilities Act of 1990 (the "ADA") (1) limits an employer's ability to make disability-related inquiries or require medical examinations at three stages: pre-offer, post-offer, and during The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. WebReasonable Accommodation (request): the act of enabling a qualified individual with a disability to obtain full and equal access to TriMet services, programs or activities It is the Department's understanding that this material involves a flat, painted-on surface with a sandpaper-like texture, which does not meet the Federal standard for a detectable warning. Doing so will increase the likelihood that, when installed, detectable warnings do their intended job well without creating unnecessary problems for either passengers or transit providers. We do not believe that such accommodations should be required, however. Detectable warnings can prevent that last mistaken step. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. An official website of the United States government Here's how you know. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. 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. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. WebFor those illegal acts that are defined in that section as having a direct and material effect on the determination of financial statement amounts, the auditors responsibility to detect misstatements resulting from such illegal acts is the same as that for error or fraud. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. They also asked why we seemed to assume that detectable warnings shouldn't be installed until we were sure they were other component of a rail system. Entities shall not claim that a determination of equivalent facilitation indicates approval or endorsement of any product or method by the Federal government, the Department of Transportation, or any of its operating administrations. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. The obligations would differ depending on whether the requester is a transportation entity or a manufacturer (in the latter case, the requirement would be a consultation requirement, since there is not a single community whose representatives could be involved in the normal sense of public participation). If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). 2. Entities shall not claim that a determination of equivalent facilitation indicates approval or endorsement of any product or method by the Federal government, the Department of Transportation, or any of its operating administrations.5. 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 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. Reasonable accommodations are changes or modifications to a job or work environment that make it possible for an employee with a disability to perform the essential functions of that job. The situations covered by the Access Board proposal are distinguishable from the situation of rail platform edges, and a decision by the Access Board to delete the detectable warning requirement in the former would not affect the requirement in the latter for detectable warnings on platform edges, particularly given the safety consequences of falls from rail station platforms. 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. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. The Department can also attempt to assist in obtaining disability group input. One commenter said that, if the specifications were changed, existing models of fare vending systems had installed should be grandfathered, so that retrofit was not necessary. statement regarding inability to obtain reasonable transportation The The chance of the future event or events occurring is more than remote but less than likely. This product did not meet the original Access Board design requirement for detectable warnings. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 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). The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) When the needed technologies or other products are delivered, DRC doesn't stop there. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. 4. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. 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. PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. 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). If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. Washington, DC 20590855-368-4200. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 4 Transportation barriers The Department believes that the Access Board proposal, which focuses on the reach range requirements for ATMs, is reasonable for fare vending machines as well. * * * * *7. The Department will adopt the proposal, believing that requests by drivers that other passengers move from priority seats will assist in making transportation genuinely accessible for passengers with disabilities. 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. One commenter suggested that the postponement apply here, as well. Business Hours:8:30am-5:00pm ET, M-F. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. 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. Before the issuance of the NPRM, the Department of Transportation received a number of inquiries from transportation providers concerning whether the regulatory provision on standees applies to all existing bus lifts, or only to lifts meeting the requirements of 49 CFR part 38 (the Department's adoption as its standards of the Architectural and Transportation Barriers Compliance Board accessibility guidelines for vehicles). We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. 10. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. WebThe CPA performs procedures in order to obtain reasonable assurance (defined as a high but not absolute level of assurance) about whether the financial statements are free from material misstatement. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. 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. There were several suggestions for refining the NPRM proposal, some of which came from some of the same commenters who endorsed the proposal in general. WebAccording to International Standards on Auditing ISAs, auditor is required to obtain reasonable assurance whether financial statements give true and fair view or in others words he must be reasonably sure that financial statements are free from material misstatements. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. 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. 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. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. 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 It is important to remember that the NPRM never raised the issue of whether detectable warnings should be installed on rail platform edges, only the issue of when installation should be completed. X Fourteen commenters supported the NPRM provision as drafted. "[wll,u&aElBK5#3cn6u. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. The latter group of commenters said that, in a vehicle that did not meet part 38 standards, there were safety concerns relating to door height, smoothness of operation etc. The warning strip must include a pattern of "truncated domes" (i.e., small raised rounded surfaces) as required by section 4.29 of appendix A. They viewed the separate provision for private entities (such as manufacturers) as being a less stringent standard, which would allow manufacturers to circumvent the standards in the rule. (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. 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. @ 38.113 -- [Amended] 11. 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. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. The extension we have provided in this rule should be adequate to permit an aggressive effort by rail properties to address successfully practical concerns about installation. 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. These were primarily, but not exclusively, from the blind community. The proposal received support from both disability community commenters (12) and state or local transportation agencies (10), with the remainder of comments (4) coming from state or local agencies working on disability matters. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) Washington, DC 20590 U.S. Department of Transportation, 1200 New Jersey Ave, SE Before the NPRM was issued, Amtrak told DOT staff that this provision is not appropriate in an important situation in which it leases rail cars. This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity's existing fixed route vehicles. Obviously, a wheelchair user needs access to a securement location. For example, in one rapid rail system lacking adequate detectable warnings, according to testimony from blind passengers at a 1992 public hearing on the system's proposed key station plan, 15 blind or visually impaired passengers have fallen off the platform in recent years (at least one of them was killed by a train). Days. Share sensitive information only on official, secure websites. Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. Section 37.51(c)(1) is revised to read as follows:@ 37.51 -- Key stations in commuter rail systems. 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. For example, a petition that the Access Board and the Department received, prior to the issuance of the NPRM, from several rail operators cited what they called "extraordinary costs" and unanswered questions about the materials' "durability, maintainability * * * safety, and usability by persons with visual and mobility impairments." 2). In this case, according to a press report, the platform's edge was "marked with abrasive material" in an attempt to provide a warning to persons with vision impairments. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. The background of this issue is the following: @ 37.165 of the Department's final ADA rule (49 CFR part 37; 56 FR 45584, 45640; September 6, 1991) provides that. 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. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. Rather, they went to the question of how best. The agreement would provide that when Amtrak borrowed cars from B, B would make available and Amtrak would take its accessible cars first, to the extent they are available (e.g., B would not have to provide cars that were in the repair shop or that it was impossible to make available for Amtrak's use in a timely fashion). The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. (4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. WebUnlawful use of means of transportation can result in a conviction of class 5 or class 6 felony. 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.) Cited with adhesion, lift-up, etc very individual thing, statement regarding inability to obtain reasonable transportation one other commenter also took this position.... Lifts from the blind community find the right solution for the given situation addition! Where the employee and his or her manager need to participate to achieve... The commuter authorities involved February 19, 1993, Inc. `` arcing '' lift cited the... Of 1973, managers and supervisors are required to provide reasonable accommodations qualified! Department can also attempt to assist in obtaining disability group comments expressing concern about the effects detectable... 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