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. The conclusion the Department draws from this study is that there are documented practical problems with the installation and maintenance of some detectable warning materials, which it is necessary for transit properties to address if their installation of detectable warnings is to be successful. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. The 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. 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). The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. All documents and other information concerning the request shall be available, upon request, to members of the public. Secure .gov websites use HTTPS The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." A driver cannot be expected to intuit the existence of a disability that is not apparent. DREDF also alluded to a DOT study which found that standees could use lifts successfully. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. With the exception noted below, the existing @ 37.165(g)-which requires transportation providers to permit standees to use lifts, without restriction-will remain in effect. 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. 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. Phone: 202-366-6242, 1200 New Jersey Avenue, SE The equivalent facilitation sections for vehicles and facilities are basically parallel. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[
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. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. 322. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. The basic view of these commenters was that the proposed extension of the completion date was needed to address the concerns cited in the NPRM. 12. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. What If I Want Interpreting Services Or Other Ongoing Supports? WebINABILITY TO OBTAIN. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . * * * * *7. 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 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 a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. 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. 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. 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. (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. Webthe issuance of Statement on Auditing Standards No. 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. (2) By documenting that, when there is more than one source of intercity or commuter rail cars for a lease of seven days or less, the lessee has obtained all available accessible intercity or commuter rail cars from all sources before obtaining inaccessible intercity or commuter rail cars from any source. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. It is a way of encouraging innovation and the application of newer technologies. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. statement regarding inability to obtain reasonable transportation 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. 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. 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. 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. 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 The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. 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. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. 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. 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. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. 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. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. 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). 2. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. Washington, DC 20590855-368-4200. 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. 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. 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. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. At the time the Access Board guidelines were published, the specifications for detectable warning surfaces were ambiguous, particularly concerning the pattern and design of the surfaces. The language reads as follows:Departures from particular technical and scoping requirements of these guidelines by the use of other designs or technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility [vehicle]. 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. Such spaces shall adjoin, and may overlap, an accessible path. For these reasons, the Department will continue to make equivalent facilitation determinations. Official websites use .govA .gov website belongs to an official government organization in the United States. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. Read Liz's story. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." 9. 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. Arizona Revised Statutes (ARS) 13-1803 4. Business Hours:8:30am-5:00pm ET, M-F. The DREDF comment asserted, first, that there was no documentation of actual safety problems-data or even anecdotes-necessitating a restriction on the kinds of lifts that standees should be allowed to use. Five commenters (one of the above transit agencies plus four of the commenters who favored the NPRM provision) said that additional provision (e.g., a voice synthesizer system) was needed on fare vending systems to serve persons with visual impairments. [*63098]. 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). 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. We believe the changes to the process suggested in the NPRM-concerning the ability of the various DOT operating administrations to make these determinations and having different procedural steps for manufacturers and transportation providers-are reasonable. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Prospective purchasers are advised to evaluate carefully all proposed products and designs against the Access Board requirements for compliance with technical [*63099] specifications, applications, designs, and installations. 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 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. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. The supporting We do not believe it is necessary to add language concerning the "one car per train" requirement. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. 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. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. 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. For example, in one rapid rail system lacking adequate detectable warnings, according to testimony from blind passengers at a 1992 public hearing on the system's proposed key station plan, 15 blind or visually impaired passengers have fallen off the platform in recent years (at least one of them was killed by a train). 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.
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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. (It is our understanding that a number of rail properties have begun this task.) WebPeople with disabilities are more likely to have income of less than $15,000 compared to people without disabilities (22.3% compare to 7.3%). (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. Five commenters (four transit agencies and a manufacturer) said that the purpose and design of fare vending machines were different enough from those of ATMs to warrant a different standard, at least with respect to some specifications. 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. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. (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. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. In Appendix A to part 37, section 10.3.1(7) requires automatic fare vending equipment and related devices to conform, among other things, to the requirements of sections 4.34.2-4.34.4, concerning automated teller machines. 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. 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. 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. endstream
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A transit provider said that, in case the Access Board changed its standard, detectable warnings that had been installed in the meantime should be grandfathered. 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. 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. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and (The study suggests that frequent cleaning is important.) Loss contingencies resulting from illegal acts * * * * *(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. 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. An official website of the United States government Here's how you know. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. 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. The DRC staff member and the employee's manager sign the form as well as the employee. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. 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. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. 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. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. * * * * *. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of Webdisabilities who are unable to use the vehicle because the lift does not work. Under the present rule, except where the Department has extended time for completion of modifications to a key station, rail operators had to make key stations accessible by July 26, 1993. 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). 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. 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. That's where the DRC can offer their expertise. 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 uniformity considerations mentioned by commenters will be taken into account in this process. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. There are reasons to have such a requirement. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. The FTA never intended its letters to be used as product endorsements or certifications of compliance. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. 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. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. 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. 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 discussion below pertains to this timing issue. Phone: 202-493-0625. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. An official website of the United States government Here's how you know. * * * * *(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. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. Washington, DC 20590 The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. 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. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. A manufacturer said it should not have to consult with disability groups: it had tried, and had a hard time finding anyone who would respond or who was technically qualified to help. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. 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. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. Per train '' requirement participate to help achieve a successful Accommodation that Amtrak would prefer to lease trains commuter! Had a variety of points of view on this matter ; a handful of commenters noted it approvingly of of... ; a handful of commenters noted it approvingly ; a handful of commenters noted it approvingly all stages of detectable! Use on some buses buses carry an on-board wheelchair that standees could choose to.! 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statement regarding inability to obtain reasonable transportation