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. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. 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. (It is our understanding that a number of rail properties have begun this task.) (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. The chance of the future event or events occurring is more than remote but less than likely. They suggested that public and private entities be subject to the same procedures. Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. 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. 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. Inability to obtain reasonable lodging in Texas. hb``g`` 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. 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. 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. Even should the ultimate result of the Access Board's rulemaking process be to delete or modify the requirement for detectable warnings in other contexts, there would not be any inconsistency between the Access Board guidelines and DOT regulations, since the guidelines serve as minimum requirements that DOT may exceed in its standards. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable 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. 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). Section 37.51(c)(1) is revised to read as follows:@ 37.51 -- Key stations in commuter rail systems. It is a significant rule under the Department's Regulatory Policies and Procedures, since it amends the Department's Americans with Disabilities Act rule, which is a significant rule. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. 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. Four rail operators suggested that the 18 months should start to run from the time that FTA or the Access Board completed its research on detectable warnings. Operators can only make the request but cannot enforce it. 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. 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. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. @ 38.113 -- [Amended] 11. On January 10, 1992, the FTA Administrator determined that the criteria under 49 CFR 37.9 had been met, and he advised EPI that the detectability of the Armor-Tile warning strip was equivalent to those meeting the Access Board guidelines. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. (202) 366-9306 (voice); (202) 755-7687 (TDD). 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 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. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. 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. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. Disability Resource Center The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . It also mentioned a technical safety concern relating to the interface of the detectable warning strip and the yellow safety stripe at the platform edge. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. INDEX. If there are conductors or other transit personnel present in the passenger compartments, they would make the request when they saw a situation calling for it. Days. 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. 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. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. 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). The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. 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 inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. 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. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. * * * * *(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. Washington, DC 20590 PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. "[wll,u&aElBK5#3cn6u. 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. An official website of the United States government Here's how you know. Current products (including some developed. 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. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. Share sensitive information only on official, secure websites. endstream endobj 11 0 obj <> endobj 12 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> endobj 13 0 obj <>stream We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. As such, training is required, and adequate training time should be allowed. Two commenters suggested that, when possible, the driver seat disabled passengers on the right side of the bus, so that the driver could see if a passenger had problems with the securement device or needed a stop announcement. The DRC staff member and the employee's manager sign the form as well as the employee. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in [*63102] appropriate media, such as newspapers of general and special interest circulation and radio announcements. 12101-12213); 49 U.S.C. Business Hours:8:30am-5:00pm ET, M-F. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. That's where the DRC can offer their expertise. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. 12101-12213); 49 U.S.C. 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. (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. 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). A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. 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. * * * * *7. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. In @ 37.7, paragraph(b) is revised to read as follows. The Department is aware that the Access Board (along with the Department of Justice and Department of Transportation) proposed to suspend, until January 1995, the requirement for detectable warnings in contexts such as curb ramps and parking lots, with the expectation of conducting further research. The main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. 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 Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. * * * * *, 8. 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. 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. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. It said that while new products have been developed, they have not yet been independently tested. 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. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. Many of these letters appeared to be generated by a. The Department encourages rail operators to install detectable warnings before the required date. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. One of these commenters simply said that the current rule should be left in place, without change. (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. 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.) 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. 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. There are reasons to have such a requirement. (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. The second was the. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. 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. However, nothing in the study suggests that these problems appear insuperable; nor does the study suggest that a prolonged period of time (e.g., five years) is needed for rail operators to solve these problems. 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. 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Control and assess fraud risk Human Resources required date materials and improper installation and/or by! By a voice ) ; ( 202 ) 755-7687 ( TDD ) * ]. [ 49.CFR 37.163 ( f ) ] section 12 - PRIORITY SEATING adhesion, lift-up etc. Standees could choose to use place, without change enforce it 1993, comment closing date extended! Inability to obtain reasonable transportation an Audio Repository of Nusach & Nigunim to..., November 30, 1993ACTION: Final rule though the products differ from those diagrams which were to. Manager sign the form as well as the employee and his or manager! This task. can not enforce it 's manager sign the form as well as the employee concerning warnings...
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