The FTA will oversee such mechanisms as part of the triennial review process. 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. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. PTSB described, in some detail, how the design and operation of a particular lift model (a front door "arcing" lift manufactured by EEC, Inc., Model 141) could create specific hazards for standees. 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. For safety and liability reasons, they would prefer not to carry standees on such lifts. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. 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. 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 regulatory deadline would not be that useful, in our view. The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. 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. A substantial number of commenters opposed the Department's proposal, asserting that the detectable warnings requirement, as written, should go into effect without any postponement. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. 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). OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. 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 explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. The study affirms the excellent detectability of materials meeting Federal standards. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. What If I Want Interpreting Services Or Other Ongoing Supports? Other transit provider comments opposed all standee lift use on safety grounds. While the procedures differ, the substantive standard is not less stringent for manufacturers: any party seeking a determination of equivalent facilitation must convince the Department that its proposal really results in equivalent or greater access. 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. The fourth change clarifies the responsibility of transit providers to make seat or wheelchair securement space available to people who need it: The fifth amendment would reflect a recent statutory change in the name of the Department's transit agency from the Urban Mass Transportation Administration (UMTA) to the Federal Transit Administration (FTA). Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. It is Island Transits policy that riders will be requested to yield priority seating at the front of the bus to the elderly and persons with disabilities. 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. It is inappropriate under a nondiscrimination statute like the ADA, DREDF argued, to restrict the availability of a service to persons with disabilities based only on speculation or apprehension about possible risks. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. The second was the. U.S. Department of Transportation, 1200 New Jersey Ave, SE Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 1200 New Jersey Avenue, SE WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. To accommodate this situation, the Department proposed to add a new paragraph to this section, which would allow good faith efforts to be documented in a different way. * * * * *(d)(1) For purposes of implementing the equivalent facilitation provision in section 2.2 of appendix A to this part, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation:(i)(A) A public or private entity that provides transportation facilities subject to the provisions of subpart C this part, or other appropriate party with the concurrence of the Administrator;(ii) With respect to airport facilities, an entity that is an airport operator subject to the requirements of 49 CFR part 27 or regulations implementing the Americans with Disabilities Act, an air carrier subject to the requirements of 14 CFR part 382, or other appropriate party with the concurrence of the Administrator. Rather, they went to the question of how best. 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. 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. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. 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). Last fall, the Access Board proposed amending its guidelines for ATMs. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. When it drafted these provisions, the Department contemplated a small number of requests from transit providers concerning individual facility or vehicle problems on which flexibility in applying accessibility standards could be provided without negative effects on accessibility. When reviewing the request for the medical disability exception, the officer must determine whether the medical professional explained that the applicant has a physical or developmental disability or mental impairment that prevents the applicant from being able If manufacturers or other parties have a problem in obtaining disability group input, they can document their efforts as part of their application for an equivalent facilitation determination. 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. Four transit agencies went further, asserting that standees should be permitted to use only those buses that fully meet the requirements of 49 CFR part 38 (the Department's ADA vehicle standards). The Department is adopting this proposal without change. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Under appendix A of part 37, which adopts as part of a DOT regulation the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines for accessible facilities, sections 10.3.1 and 10.3.2, require that an accessible rail station have a 24-inch wide detectable warning strip running the entire length of the platform edge. An official website of the United States government Here's how you know. 0 In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. WebReasonable accommodations also include any structural changes that may be necessary. The Department believes that, given the safety-related reasons for a detectable warning requirement documented in the rulemaking record, deleting the requirement postponing it indefinitely, or postponing it for a lengthy period (e.g., five years) would be inadvisable. A disability community commenter suggested. 10 0 obj <> endobj 4 Transportation barriers B) should request an increase in audit fees so that more resources can be used to conduct the audit. WebThe form that must be filed with the Securities and Exchange Commission whenever a company plans to issue new securities to the public is the S-1 Which of the following is a (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. PAGE 1158 FR 63092, *63096letter-writing campaign organized by the Disability Rights Education and Defense Fund (DREDF), whose comment is probably the most thorough and typical statement of the disability community's objections to the proposal. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). 2. INTRODUCTION. (It is our understanding that a number of rail properties have begun this task.) The discussion below pertains to this timing issue. Among other comments on this subject, one of the rail operators mentioned above thought that the postponement should apply to new and altered platforms as well as those being retrofitted. 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. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. For example, if the corners of a tile segment curl up, people can trip on them. While managers and employees are experts in their respective fields, they may not know how to go about providing specific reasonable accommodation solutions for different situations. An entity wishing to employ equivalent facilitation * * * shall submit a request to UMTA or FRA, as applicable, and include the following information: (list of five items of information). 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. 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream The qualifications are that, in the situations studied, both drivers [*63097] and standee users were trained in the proper use of lifts, handrails were available on the lifts, and operators were not required to transport a standee who refused to use the handrail. 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 hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I (4) In the case of a request by a manufacturer or a private entity other than an air carrier, the manufacturer or private entity 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. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. The Department believes that one commenter's concerns about the relationship of the yellow safety strip or "bumpers" (i.e., strips of material along the outward-facing edges of platforms to protect the rail cars and platform edges from abrasion) on some of its platforms can be addressed successfully without regulatory change, and the Department will work with rail operators to that end. 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. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. A transit authority and an "elderly and handicapped" advisory committee sought assurance that transit authorities and advisory committees, respectively, would be part of the public participation process. @ 38.113 -- [Amended] 11. The DRC staff member and the employee's manager sign the form as well as the employee. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. To permit a transportation provider to exclude a category of persons with disabilities from using a device that provides access to a vehicle on the basis of a perceived safety hazard, absent information in the rulemaking record that the hazard is real, would be inconsistent with the statute (c.f., the discussion of the transportation of three-wheeled mobility devices in the preamble to the Department's September 6, 1991, final ADA rule (56 FR 45617)). The ADA requires the Department to adopt standards consistent with the Access Board guidelines. The supporting "[wll,u&aElBK5#3cn6u. One of these commenters simply said that the current rule should be left in place, without change. For this reason, the final rule will permit transit providers who operate buses having this lift model to deny its use to standees (who would, of course, be eligible for paratransit as a result). In support of its request for an indefinite, or, alternatively, five-year, postponement of the requirement, a rail operator cited the need to look at safety, durability, and maintainability issues, which it said current DOT research has not addressed. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. Other key station accessibility requirements, if not covered by a time extension for [*63095] "extraordinarily expensive" changes, must still have been completed by July 26, 1993. It is not fair to burden research with the expectation that it will solve all practical problems, which probably are best worked out in actual planning and installation. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. For example, if a transit authority provides an on-board wheelchair for use by standees on lifts, the transit authority could not insist that a standee sit in the wheelchair in order to use the lift. 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. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. PAGE 2058 FR 63092, *63100agreements with one another, a provision requiring available accessible cars to be provided before other cars in the donor agency's fleet. Inability to obtain reasonable lodging in Texas. 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. Section 37.87 of the Department's ADA regulation provides that when Amtrak or a commuter authority purchases or leases or used intercity or commuter rail car, it must either obtain an accessible car or demonstrate the good faith efforts it has made to do so. These situations, some of which were recounted by fall victims themselves in detail, were in addition to cases in which visually-impaired passengers almost fell off, or had become very fearful of walking on, rail station platforms. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 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. Phone: 202-493-0625. In none of these cases did the platform edge have a detectable warning. 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. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. 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. The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. 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.) 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. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and The Department can also attempt to assist in obtaining disability group input. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. 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. All it takes is a brief moment of fatigue, or distraction, or disorientation, in the complex and sometimes confusing environment of a rail station, and even a very experienced blind rail system user can make what, in context, is a fatal misstep. This is important, among other reasons, because based on the premise that standees can use lifts, the Access Board found it unnecessary to establish a standard for stair riser heights in vehicles that use lifts. We do not believe it is necessary to add language concerning the "one car per train" requirement. Their focus was on what could happen. Current products (including some developed. We also do not believe there is a strong connection between the July 1995 one car per train deadline (which pertains mostly to making service for persons with mobility impairments accessible) and the installation of detectable warnings (which pertains mostly to making platforms safe for visually impaired passengers). 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. Parts 37 and 38 require wheelchair securement. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. They suggested that public and private entities be subject to the same procedures. 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. 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. 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. 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