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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. It is a way of encouraging innovation and the application of newer technologies. Their focus was on what could happen. 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. A driver cannot be expected to intuit the existence of a disability that is not apparent. We do not believe that such accommodations should be required, however. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. The second was the. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. Issued this 25th day of October, 1993, at Washington, D.C. Federico Pena,Secretary of Transportation.For the reasons set forth in the Preamble, the Department of Transportation amends 49 CFR parts 37 and 38 as follows: (b)(1) For purposes of implementing the equivalent facilitation provision in @ 38.2 of this subtitle, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation: PAGE 2358 FR 63092, *63101(i) A public or private entity that provides transportation services and is subject to the provisions of subpart D or subpart E this part; or(ii) The manufacturer of a vehicle or a vehicle component or subsystem to be used by such entity to comply with this part. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. Lift-off problems were reported in some stations (for example, one BART station had a high lift-off rate, of about a third of tiles after 18 months, while other BART stations had low lift-off rates in the 1-10 percent range.) 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 was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). For work-related hardship license appeals, this means that you must provide a letter from your employer which explains your work hours and need for a license. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. 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. (56 FR 45618). It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. that continued to exist even if the lift had a handrail. 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. 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. In response to the disability group concerns about possible problems detectable warnings may create for people with mobility impairments, the FTA is available to work with rail properties that have installed or are testing detectable warning systems (and users of these systems who have mobility impairments) to determine whether such problems exist and merit any change in the detectable warning requirement. There are reasons to have such a requirement. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). The Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services. Transit providers have asked the Department whether they have an obligation under the ADA to direct other passengers to move from designated priority seats or from fold-down seats over a wheelchair securement location when a passenger with a disability enters the vehicle. WebHome / Uncategorized / 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. 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. 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. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., room 10424, Washington, DC. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. 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 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 DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. Other transit provider comments opposed all standee lift use on safety grounds. Copies of the final rule are available in alternative formats on request. 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. 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. A disability community commenter objected to the "to the extent practicable" clause for rail systems. 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. The Department believes that this period should give transit properties sufficient time to work out the installation and related problems to which the comments referred. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG 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. * * * * *(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. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. Days. Rather, they went to the question of how best. 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. 322. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. Remote . One disability community. Official websites use .govA .gov website belongs to an official government organization in the United States. Twenty-six commenters favored the NPRM approach. 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. Four transit agencies went further, asserting that standees should be permitted to use only those buses that fully meet the requirements of 49 CFR part 38 (the Department's ADA vehicle standards). 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. The ability to gather this information is an additional reason for providing the extension. Section 37.51(c)(1) is revised to read as follows:@ 37.51 -- Key stations in commuter rail systems. 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. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." Four. 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. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. DREDF also alluded to a DOT study which found that standees could use lifts successfully. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. * * * * *. (56 FR 45755). 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. Share sensitive information only on official, secure websites. For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. 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. When the needed technologies or other products are delivered, DRC doesn't stop there. "[wll,u&aElBK5#3cn6u. Inability to obtain reasonable lodging in Texas. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. 322. 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. In support of its request for an indefinite, or, alternatively, five-year, postponement of the requirement, a rail operator cited the need to look at safety, durability, and maintainability issues, which it said current DOT research has not addressed. statement regarding inability to obtain Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. 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 This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity's existing fixed route vehicles. (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. 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. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. (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. They viewed the separate provision for private entities (such as manufacturers) as being a less stringent standard, which would allow manufacturers to circumvent the standards in the rule. 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 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. 9. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. An official website of the United States government Here's how you know. 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. 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. The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. While manufacturers' and consumers' comments assert that cited problems concerning the materials have largely been solved, it is clear that rail operators are not persuaded that their concerns about installation, safety, durability, and maintainability have been fully addressed. The Department is adopting this proposal without change. 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream 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. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. The Department believes that one commenter's concerns about the relationship of the yellow safety strip or "bumpers" (i.e., strips of material along the outward-facing edges of platforms to protect the rail cars and platform edges from abrasion) on some of its platforms can be addressed successfully without regulatory change, and the Department will work with rail operators to that end. (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. 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. Consistent with requirements of the ADA discussed above, persons who use canes or walkers and other standees with disabilities who cannot readily climb steps into a vehicle must be permitted to use lifts. 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. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) 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