A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. 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. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. A number mentioned the crowded, noisy, distracting atmosphere of rush hour train stations as being a situation in which a tactile cue like a detectable warning is particularly important. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. Comments mentioned successful experiences with detectable warnings in some systems. [*63098]. 322. 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). In addition, in December 1992, a visually impaired passenger fell to the tracks on Baltimore's subway system, and was struck and injured by a train. Days. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. Such spaces shall adjoin, and may overlap, an accessible path. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. Priority seats are intended for people with disabilities in general; a seat near the front of the bus may be as important to a blind individual as to an individual with a mobility impairment. It said that while new products have been developed, they have not yet been independently tested. 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. These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. Lifts meeting Access Board standards will have handrails. One disability community. 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. (The study suggests that frequent cleaning is important.) Arizona Revised Statutes (ARS) 13-1803 The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. 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. Web1. 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. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. (j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location. 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. Four. It is appropriate for a driver, under this provision, to ask an ambulatory passenger with a disability to move to clear a wheelchair securement location when needed to accommodate a wheelchair user. Therefore, complete Non-assertion of penalties due to reasonable Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. The authority citation for 49 CFR part 38 is revised to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements. The study affirms the excellent detectability of materials meeting Federal standards. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. In the most recent case, a visually impaired individual apparently fell onto the tracks of a Maryland commuter rail system and was also fatally injured by a train. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. 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. Some commenters pointed out that the American National Standards Institute (ANSI) had not adopted a detectable warnings standard, drawing the conclusion that this placed the viability of the current Federal standard in question. In other words, we believe it is more important to do the job right than to do it immediately. An official website of the United States government Here's how you know. Washington, DC 20590 1200 New Jersey Avenue, SE The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. 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. The rule makes these corrections, which have no substantive effects. 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. 2. The Department can also attempt to assist in obtaining disability group input. When the needed technologies or other products are delivered, DRC doesn't stop there. * * * * *(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. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. Parts 37 and 38 require wheelchair securement. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. * * * * *(c)(1) Except as provided in this paragraph, the responsible person(s) 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. Others said that they did not want to spend substantial sums of money on detectable warnings until there was certainty about what design would best answer the concerns that have been raised. The Department received over 550 comments on the NPRM, most of which came from individuals with disabilities or organizations representing them, state and local agencies working on disability matters, state and local transportation agencies, and equipment manufacturers. _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. 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. 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. (56 FR 45618). Reasonable accommodations create equal access and opportunities in the workplace so that people with disabilities can be productive team players whose unique perspectives promote the development of successful programs. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. Since the FTA issued these letters, the Access Board published Bulletin # 1 in May 1992, clarifying many of the ambiguities left by its original guidelines and containing a diagram illustrating the pattern prescribed for detectable warning surfaces. 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). The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. Washington, DC 20590 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. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and 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). Official websites use .govA .gov website belongs to an official government organization in the United States. There are reasons to have such a requirement. The uniformity considerations mentioned by commenters will be taken into account in this process. Nine transit agencies and one state or local agency working on disability matters suggested that the final rule require the driver to ask someone sitting in a priority seat to move, or to make good faith efforts to clear the seat, but not to have to enforce the request. Share sensitive information only on official, secure websites. A manufacturer said it should not have to consult with disability groups: it had tried, and had a hard time finding anyone who would respond or who was technically qualified to help. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. 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. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. The problematical features of this lift, as described by the PTSB, include an unusually low head clearance, the tilting action of the lift as it enters the bus, and a "pit" between the lift and the bus entrance when the lift is fully raised but has not entered the bus. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." 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. 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. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) X However, the ADA regulation is in Subchapter I of that Title. In view of the close relationship between the coverage of airport facilities under the ADA, section 504 of the Rehabilitation Act, and the Air Carrier Access Act, the Department is clarifying the facilities section to specifically include requests for equivalent facilitation that arise concerning airport facilities under all three statutes. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. 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. Amtrak may have a standing reimbursable agreement with Boston or Washington/Baltimore area commuter authorities to borrow commuter rail cars on short notice in these situations. PAGE 2158 FR 63092, *63100(ATMs). The study also noted ongoing efforts at improving detectable warning materials. We want to be sure that you or your employee can fully use the accommodation effectively. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. EFFECTIVE DATE: This rule is effective December 30, 1993. Their focus was on what could happen. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. 57 0 obj <>stream Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. Another disability community commenter suggested a requirement that the lease of rail cars by Amtrak not be permitted to decrease the overall percentage of Amtrak's fleet that was accessible (i.e., that if Amtrak leased inaccessible cars from a commuter authority, Amtrak would have to obtain accessible cars elsewhere in order to maintain the same percentage of accessibility in its fleet that it had before the lease). Virtually all commenters supported the proposal, agreeing with the rationale articulated above. One transit agency asked that the rule state that non-disabled passengers do not have to get off the bus to let a disabled passenger on. Transit providers have asked the Department whether they have an obligation under the ADA to direct other passengers to move from designated priority seats or from fold-down seats over a wheelchair securement location when a passenger with a disability enters the vehicle. These concerns include the possibility of adhesive failures and "lift-off" (i.e., the corners of segments of the materials may come up) as well as durability. A regulatory deadline would not be that useful, in our view. 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. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. Official websites use .govA .gov website belongs to an official government organization in the United States. Nine of these were state or local transportation agencies, four were disability community commenters, and one was a state or local agency working on disability matters. PAGE 1858 FR 63092, *63099transit agencies asked for guidance on how to identify people with hidden disabilities for priority seating purposes (one of these commenters suggested that such passengers self-disclose). Entities shall not cite these determinations as indicating that a products or methods constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. It is fair to conclude from comments to the rule that one of the consequences of having a serious visual impairment is the need to concentrate very hard on mobility and orientation matters that sighted persons handle routinely. 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. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. 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. Detectable warnings can prevent that last mistaken step. 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. 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. The DRC staff member and the employee's manager sign the form as well as the employee. 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. The second was the. %PDF-1.5 % b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. Seven additional commenters favored longer delays. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. The less stringent standard could also encourage misleading or unethical practices, they said. This is because the economic effects of the rule in general should be minimal; to the extent that the rule reduces costs (e.g., by delaying the requirement for completing the installation of detectable warnings), this beneficial effect will affect only large entities. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. An ambulatory person with a disability may be unable to stand for long periods, meaning that the person would be effectively denied access to transportation if he or she could not sit down on a crowded bus. (3) In the case of a request by a public entity that provides transportation services subject to the provisions of subpart D of this part, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. 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. 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. * * * * *, (g) The entity shall permit individuals with disabilities who do not use wheelchairs, including standees, to use a vehicle's lift or ramp to enter the vehicle. Since the situation of air carriers making equivalent facilitation requests concerning facilities at public airports is very similar to that of the airport sponsors themselves, we decided to apply the same procedural requirements to both. See 57 FR 41006, September 8, 1992. (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. 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. 10 0 obj <> endobj The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. @ 38.113 -- [Amended] 11. Many of these letters appeared to be generated by a. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. 4. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. In the NPRM, the Department emphasized that its concerns were neither about the basic design of the [*63093] detectable warnings or their usefulness to people with vision impairments. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. We do not believe it is necessary to add language concerning the "one car per train" requirement. 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. II. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Federal Transit Administration (FTA). These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. All of these, in PTSB's view, present clear safety hazards to standees. 2). The DREDF comment asserted, first, that there was no documentation of actual safety problems-data or even anecdotes-necessitating a restriction on the kinds of lifts that standees should be allowed to use. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). The Nations transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19. 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. Mp[ 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Receive email updates about the latest in Safety, Innovation, and Infrastructure. A disability community commenter suggested. All documents and other information concerning the request shall be available, upon request, to members of the public. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. In 49 CFR part 37, the words "Urban Mass Transportation Administration" are changed to the words "Federal Transit Administration" in every instance in which those words appear; the letters "UMTA" are changed to the letters "FTA" in every instance in which those letters appear; and the words "UMT Act" and "Urban Mass Transportation Act" are changed to the words "FT Act" and "Federal Transit Act" in every instance in which those words appear, and the definition of "FT Act" is moved to the proper alphabetical order. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. It would not be appropriate for the Department to indefinitely suspend a requirement that addresses a known safety problem on the basis of speculation about a safety problem that has not been shown to exist. Current products (including some developed. Finally, the need of transit properties for time to determine which specific detectable warning product is best for their systems and to go through their procurement processes is reasonable to take into account. WebPeople with disabilities are more likely to have income of less than $15,000 compared to people without disabilities (22.3% compare to 7.3%). Drc staff will talk with the rationale articulated above understanding of your businesss internal control assess. Said that the completion date for the installation of detectable warnings be established after. Essentially endorsing the NPRM 's rationale this position ) an official government organization the. Exceed the scope of the means of transportation can help you or your find! 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