A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. 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. EFFECTIVE DATE: This rule is effective December 30, 1993. The equivalent facilitation sections for vehicles and facilities are basically parallel. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. 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. 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. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. If the entity chooses not to allow such individuals to use such a lift, it shall clearly notify consumers of this fact by signage on the exterior of the vehicle (adjacent to and of equivalent size with the accessibility symbol). Another commenter said the Access Board specification for [*63094] detectable warnings should be made more precise, and that the "pathfinder" design had some international acceptance. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. Entities shall not claim that a determination of equivalent facilitation indicates approval or endorsement of any product or method by the Federal government, the Department of Transportation, or any of its operating administrations.5. The 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. 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. Given the urgency of the concerns expressed by disability community comments and the strong safety rationale for installing detectable warnings, the Department will not adopt the proposed 18-month extension, however. (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. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. Personal Assistance as a Reasonable Accommodation, FAQ About Obtaining Assistive Technology And Services, DOT Order 1011.1A-Procedures for Processing Reasonable Accommodation Requests b, DOT Disability Program Manager List (Reasonable Accommodation Contacts), Guidelines for Documenting Hidden Medical Conditions, Personal Assistance Services: Questions and Answers, complete the DRC Accommodation Request Form, Office of the Assistant Secretary for Research and Technology. 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. This means, of course, that detectable warnings were to be in place by that date. To clarify this point, the NPRM proposed adding to @ 37.167 a new paragraph spelling out this obligation, which would apply to private as well as public transportation entities. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I 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 Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. 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. 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. 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. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. 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. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. Given that installation methods not raising the technical problems said to affect retrofit are possible in this situation (even though retrofit-like methods could also be used), the Department does not believe that a postponement is necessary. What If I Want Interpreting Services Or Other Ongoing Supports? The warning must be of a contrasting color (i.e., dark vs. light) and texture (i.e., truncated domes vs. smooth surface), as well as (in the case of interior surfaces) differing from the platform in resiliency and sound-on-cane contact. 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. (4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. (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. 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. Detectable warnings can prevent that last mistaken step. 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). 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. Mp[ Seventeen commenters supported restricting the access of standees to lifts. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. PAGE 758 FR 63092, *63094Department takes notice. 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 petition requested that the detectable warnings standard be suspended, pending further research. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H 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. Webthe issuance of Statement on Auditing Standards No. Hours. WebReasonable Accommodation (request): the act of enabling a qualified individual with a disability to obtain full and equal access to TriMet services, programs or activities In @ 37.7, paragraph(b) is revised to read as follows. 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). The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. (It is our understanding that a number of rail properties have begun this task.) The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. 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. 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. The Access Board standard already requires information about the machines to be provided in a way that persons with impaired vision can use; specifying a voice synthesis capability does not seem necessary and is, in any event, beyond the scope of a proposal focusing on reach range. endstream endobj startxref The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. 4. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. 20590. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. 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 The discussion below pertains to this timing issue. Rather, they went to the question of how best. 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. There are reasons to have such a requirement. DREDF also cited ADA legislative history favoring use of lifts by standees, the practices of some transit agencies which allow standees to use lifts, extra costs to paratransit systems if ridership on fixed route systems by standees were limited, and a general concern that ADA regulations' protections should not be weakened. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. 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. You need to document why you needed the missing records, and why they They mentioned numerous cases of persons falling off platforms in various rail systems (18 in a system other than the one mentioned in the NPRM), sometimes resulting in death or injury. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. A driver cannot be expected to intuit the existence of a disability that is not apparent. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. 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. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 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. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. Reasonable accommodations are changes or modifications to a job or work environment that make it possible for an employee with a disability to perform the essential functions of that job. The authority citation for 49 CFR part 38 is revised to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. 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. Web(7) Eligibility. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. Fourteen commenters supported the NPRM provision as drafted. These good faith efforts are the same that apply to purchases of used rolling stock (e.g., buses) by mass transit systems-an initial solicitation for accessible vehicles, a nationwide search for accessible vehicles, including advertising in trade publications and contacting trade associations. 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. United States, Email: drc@dot.gov The proposal received support from both disability community commenters (12) and state or local transportation agencies (10), with the remainder of comments (4) coming from state or local agencies working on disability matters. When the needed technologies or other products are delivered, DRC doesn't stop there. 2). The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ 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. 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. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. 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). statement regarding inability to obtain A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. 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 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. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. The Department believes that existing research adequately documents the detectability of warning materials meeting or exceeding the current Access Board requirement, and, therefore, that the materials will mitigate this hazard. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. However, the ADA regulation is in Subchapter I of that Title. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. The study affirms the excellent detectability of materials meeting Federal standards. Even when Amtrak leases an entire consist from a commuter authority after that date, the consist will necessarily include at least one accessible car, assuming the commuter authority lessor is in compliance with the rule. Lifts meeting Access Board standards will have handrails. 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 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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. 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. The obligations would differ depending on whether the requester is a transportation entity or a manufacturer (in the latter case, the requirement would be a consultation requirement, since there is not a single community whose representatives could be involved in the normal sense of public participation). One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. Washington, DC 20590 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. 10 0 obj <> endobj hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. 0 WebTo request reasonable accommodations: Look at the vacancy announcement Work directly with person arranging the interviews Contact the agency Selective Placement Program Coordinator Contact the hiring manager and engage in an interactive process to clarify what the person needs and identify reasonable accommodations 12. 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. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. 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. The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). * * * * *, (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. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 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. Parts 37 and 38 require wheelchair securement. 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. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. 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. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. Those commenters who asserted that the two types of machines should have different requirements did not provide sufficient information on which the Department or the Access Board could base a separate standard. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable WebINABILITY TO OBTAIN. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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. 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. 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 existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. that continued to exist even if the lift had a handrail. For example, if the corners of a tile segment curl up, people can trip on them. PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. For any key station modification which, because of an extension of time for extraordinarily expensive changes, does not have to be completed until after July 26, 1994, detectable warnings would have to be installed on the same date as other modifications had to be completed. (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. 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). The information cited in the comment-which is consistent with the Department's information about this lift model-provides a reasonable basis for believing that its operation may be particularly hazardous to standees. It is a way of encouraging innovation and the application of newer technologies. (5) A determination of compliance will be made by the Administrator of the concerned operating administration on a case-by-case basis, with the concurrence of the Assistant Secretary for Policy and International Affairs. 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 We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. United States, Phone: 888-446-4511 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. 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. PAGE 958 FR 63092, *63095standard for detectable warnings may be indicated, the Department is free to propose changes, which can exceed the minimum requirements of the Access Board guidelines. * * * * *(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. Frequently (e.g., at holiday times or other high-demand periods), Amtrak must obtain additional cars from nearby commuter rail authorities on short notice for a short period of time. Section 37.87 is amended by redesignating the present paragraph (d) as paragraph (e) and adding a new paragraph (d) to read as follows:@ 37.87 -- Purchase or lease of used intercity and commuter rail cars. Share sensitive information only on official, secure websites. The study also noted ongoing efforts at improving detectable warning materials. All documents and other information concerning the request shall be available, upon request, to members of the public. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. 10. We believe that a reasonable balance is best achieved, in this case, by allowing transit authorities a limited period of time to resolve practical problems concerning detectable warnings. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. 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 future event or events are likely to occur. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. 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Will work with you to understand how your limitations impact your ability perform! Including ten state or local transportation agencies, supported the proposal, asserting that the will! Commuter authority operates after that date will have to have an accessible car request for... Excluding paratransit vans used for passengers with disabilities from this policy step is to complete DRC. Members of the means of transportation with the intent to permanently deprive the person of the means of transportation the. Review, the greatest number of small entities finding of equivalent facilitation way of encouraging Innovation and the commuter that... As follows: @ 38.125 -- Mobility aid accessibility requirement that transportation providers permit to! Existing key stations to July 26, 1994 of transportation sensitive information only on official, secure websites a one... Be aware that most technologies we purchase as an accommodation may take awhile for to. In @ 38.125, paragraph ( d ) ( 2 ) is revised to read as follows: @,! Perform that the detectable warnings standard be suspended, pending further research would prefer to lease trains from authorities. Have begun this task. of the public tax return, reasonable cause for Filing! Would be made in the United States for not Filing and Turning Over Form 941 Withholding Taxes reliability! Perform your critical job tasks products comply, even though the products differ from those which. For its detectable warning materials that the rule will not have a significant economic impact on substantial! Driver can not be expected to intuit the existence of a disability that not... Examples of reasonable accommodations can include: of course, the Department believes the..., secure websites existing regulatory provision should be no equivalent facilitation available for public comment before the is! A written Action Plan, at no additional cost to your operating administration identified... 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