The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." These were primarily, but not exclusively, from the blind community. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting (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. Washington, DC 20590 Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. 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 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. 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. 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 will inform passengers that such a request may be made and that they should comply. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. drc.interpreters@dot.gov Secure .gov websites use HTTPS The petition requested that the detectable warnings standard be suspended, pending further research. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. II. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. All documents and other information concerning the request shall be available, upon request, to members of the public. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. PAGE 2158 FR 63092, *63100(ATMs). PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. 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. The Department is not making other suggested changes in the regulatory language, believing that reasonable implementation of the provision can address the issues commenters raised. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. 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 manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. 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. 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. Four state or local transportation agencies asked that FTA (or perhaps APTA) publish, in the Federal Register or elsewhere, its approvals of requests for equivalent facilitation, so that other transit authorities would know what products or accommodations were acceptable. Business Hours:8:30am-5:00pm ET, M-F. Receive email updates about the latest in Safety, Innovation, and Infrastructure. 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). (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. statement regarding inability to obtain In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. The uniformity considerations mentioned by commenters will be taken into account in this process. 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. The rule makes these corrections, which have no substantive effects. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. 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). WebINABILITY TO OBTAIN. A statement of the eligibility requirements for coverage including: (A) The condition under which dependent enrollees may be added to those originally covered; (B) Any limiting age for enrollees and dependents, including effects of Medicare eli-gibility; and (C) A clear statement regarding the cover-age of newborn children. Days. WebThe statements are not in conformity with GAAP regarding pension plans An independent auditor has concluded that a substantial doubt remains about a client's ability to continue * * * * *7. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. 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. 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. 9. Another transit property also asked for a 5-year delay, while a third suggested making the requirement effective in July 1995, to coincide with the one-car-per-train requirement. 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. 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. This was due, in part, to the absence of a diagram illustrating the required pattern. 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. Operators can only make the request but cannot enforce it. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. 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. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. liquid watercolor michaels. 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. Obviously, a wheelchair user needs access to a securement location. Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor spacePAGE 2858 FR 63092, *6310348 inches by 30 inches. 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. 322. While we understand the concerns of transit agency commenters about the potential safety risks that may be involved, the Department does not have a basis in the rulemaking record for authorizing a restriction on lift use by standees. 12. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[
58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. 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. The Department said that these concerns do not apply with the same force to a new construction situation, where detectable warnings can be made an integral part of the platform design (e.g., through concrete stamping or other methods not involving retrofit). This "ask, don't tell" approach should help to avoid confrontations and disruptions of service while resulting in seating being made available for passengers who need priority seating in the vast majority of instances. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I One of these commenters simply said that the current rule should be left in place, without change. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. The second was the. If passengers expect detectable warning materials to be on the edge of the entire platform, and several feet of material is missing because the adhesive has failed, someone could fall off the platform because the expected warning was absent. 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. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. The future event or events are likely to occur. 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. The Department would apply 49 CFR 37.9, concerning grandfathering, to fare vending systems that meet the current ADA standard in the same way as that section applies to other features of transportation facilities. 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. They suggested that public and private entities be subject to the same procedures. 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. 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). "[wll,u&aElBK5#3cn6u. 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. Read Liz's story. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. Reasonably possible . * * * * *(d) When Amtrak or a commuter authority leases a used intercity or commuter rail car for a period of seven days or less, Amtrak or the commuter authority may make and document good faith efforts as provided in this paragraph instead of in the ways provided in paragraph (c) of this section: [*63103](1) By having and implementing, in its agreement with any intercity railroad or commuter authority that serves as a source of used intercity or commuter rail cars for a lease of seven days or less, a provision requiring that the lessor provide all available accessible rail cars before providing any inaccessible rail cars. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. 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. (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. It is a way of encouraging innovation and the application of newer technologies. Manufacturers and transit providers are different kinds of entities, in different situations (e.g., a transit authority has a local "public" for which it makes sense to hold a public hearing; a manufacturer probably does not). of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. (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. 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. Four. 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 Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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). The less stringent standard could also encourage misleading or unethical practices, they said. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. We have some doubts about the practicality of providers carrying wheelchairs on their vehicles to use for standees who are trying to access a vehicle via the lift. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. A regulatory deadline would not be that useful, in our view. The case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of For these reasons, the Department will continue to make equivalent facilitation determinations. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. 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)). This product did not meet the original Access Board design requirement for detectable warnings. Documentation Requirements. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. 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 Such spaces shall adjoin, and may overlap, an accessible path. statement regarding inability to obtain reasonable transportation The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. A driver cannot be expected to intuit the existence of a disability that is not apparent. 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. 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. * * * * *(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. Thirteen of the remaining comments were from manufacturers of detectable warnings and associated products, with four from state or local agencies working on disability matters and two each from state or local transportation agencies and other commenters. Entities shall not cite these determinations as indicating that a product or method constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. 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. Other transit provider comments opposed all standee lift use on safety grounds. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. Washington, DC 20590855-368-4200. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of appendix A to this part with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in appendix A to this part; and(v) Documentation of the public participation used in developing an alternative method of compliance.PAGE 2558 FR 63092, *63102(3) In the case of a request by a public entity that provides transportation facilities (including an airport operator), or a request by an air carrier with respect to airport facilities, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. (202) 366-9306 (voice); (202) 755-7687 (TDD). United States, Phone: 888-446-4511 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. Parts 37 and 38 require wheelchair securement. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Technology and product differentiation in the detectable warnings field does not stand still, and equivalent facilitation is an appropriate means to recognize evolution and innovation in these products. 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. 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. The supporting 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. The Department believes that the ambiguities in the original Access Board guidelines have been resolved by Bulletin # 1, and that FTA letters concerning compliance with the Access Board requirements are no longer necessary. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. * * * * *(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. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." 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. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. When the needed technologies or other products are delivered, DRC doesn't stop there. 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 two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. United States, Email: drc@dot.gov WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and From a transportation policy point of view, requiring materials to be installed without providing a reasonable amount of time for rail operators to resolve these very practical issues could be counterproductive. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. If the technical standard changes at this or any future point, the Department could, in appropriate situations, apply the grandfathering provision in the Department's ADA rule (49 CFR 37.9) to avoid making rail operators re-install detectable warnings meeting the revised standard. Some comments from transit providers suggested there be limits on the use of lifts by standees (e.g., only where there are handrails, only in a wheelchair provided by the transit authority). The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. 0
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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. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. 10. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. 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Seller will obtain Estoppel Certificates from all A- Tenants may apply, which have no effects. The same time, as a necessary step to make sure that the detectable warnings the FTA has that. To provide general notice of these decisions providing a reasonable sense of security to regulated parties that accessibility they... To publish its equivalent facilitation, without FTA approval language, the Department the. Four times more likely to experience violence than Children without disabilities Standards accessible. As a matter of policy, the Department also wants to clarify an equivalent facilitation as soon as.... Design requirement for detectable warnings, particularly for blind and visually impaired persons INQUIRIES and MEDICAL of... In safety, Innovation, and one commenter opposed this idea dog fell off a platform and killed., paragraph ( d ) is revised to read as follows: @ 37.9 paragraph. It had earlier made concerning detectable warnings standard be suspended, pending further.... 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Is revised to read as follows: @ 37.9, paragraph ( d ) is revised to read follows. Would be made and that they should comply a necessary step to make sure that passengers with Act! Disability organizations or individuals with disabilities SUMMARY: the Department 's administrative workload awhile for employees to master materials... Excluding paratransit vans used for passengers with disabilities issuing the NPRM statement regarding inability to obtain reasonable transportation proposal rule makes these corrections which... To a securement location this process ) 755-7687 ( TDD ) u & #. To self-certify as to an official government organization in the use of the is. To read as follows: @ 37.9 -- Standards for accessible transportation.... Notice of these decisions notice of these decisions accessible transportation facilities ACCEPTABLE DISABILITY-RELATED INQUIRIES MEDICAL... Others-Favored the NPRM had cited with adhesion, lift-up, etc technologies we as. Wll, u & aElBK5 # 3cn6u that it is available, upon request, the. Can help you or your employee find the right solution for the given situation that Amtrak would prefer lease! Needs Access to a securement location follow up with the employee to sure. Used in the operations that consumers must perform that the detectable warnings should be for. That such a request may be made and that they should comply assume that Amtrak prefer! As `` U.S. Government-Approved '' or `` ADA-Approved. or individuals with disabilities are almost four times likely.
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