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). %PDF-1.5 % This language should parallel that of @ 38.95(d). (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable 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. 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. * * * * *. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. Web1. Before the issuance of the NPRM, the Department of Transportation received a number of inquiries from transportation providers concerning whether the regulatory provision on standees applies to all existing bus lifts, or only to lifts meeting the requirements of 49 CFR part 38 (the Department's adoption as its standards of the Architectural and Transportation Barriers Compliance Board accessibility guidelines for vehicles). The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. 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. 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 main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. Section 37.87 of the Department's ADA regulation provides that when Amtrak or a commuter authority purchases or leases or used intercity or commuter rail car, it must either obtain an accessible car or demonstrate the good faith efforts it has made to do so. W56-403 hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h Other transit provider comments opposed all standee lift use on safety grounds. The concern expressed by these providers was essentially that some older models of lifts have no handrails or other means of preventing a standee user from losing his or her balance and falling while the lift is in operation. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. 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. A statement of the eligibility requirements for coverage including: (A) The condition under which dependent enrollees may be added to those originally covered; (B) Any limiting age for enrollees and dependents, including effects of Medicare eli-gibility; and (C) A clear statement regarding the cover-age of newborn children. 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. Such spaces shall adjoin, and may overlap, an accessible path. There is no time to make a nationwide search or advertise in trade publications, and no point in seeking cars from distant commuter authorities (which may not meet dimensional requirements for Northeast Corridor service and which would take too long to arrive). Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) Connection Between Medical Disability and Educational Requirements. 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). The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. 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. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. 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. 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. Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. 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. (202) 366-9306 (voice); (202) 755-7687 (TDD). 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. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. 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). Four. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. Other commenters suggested adding safeguards to ensure accessibility. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. 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. Operators can only make the request but cannot enforce it. 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. EFFECTIVE DATE: This rule is effective December 30, 1993. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. They suggested that public and private entities be subject to the same procedures. 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. X There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. In @ 37.7, paragraph(b) is revised to read as follows. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. 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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. The uniformity considerations mentioned by commenters will be taken into account in this process. That's where the DRC can offer their expertise. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. (The study suggests that frequent cleaning is important.) However, it is not a condition to the Close of Escrow that Seller obtain Estoppel Certificates from those A-Tenants in excess of the Minimum Number of Estoppels. 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. ].14 The auditor should consider the effect of an illegal act on the amounts presented in nancial statements including contingent monetary effects, such as nes, penalties and damages. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. 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%). The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. The rule would not impose a uniform procedure; each transit system may devise a means best suited to its operations to carry out the requirement. United States, Phone: 888-446-4511 These commenters, while making clear their concern about safety, did not present any data or anecdotal information that would demonstrate that an actual safety problem existed. These support services are provided throughout DOT, regardless of an employee's geographic location. The FTA will oversee such mechanisms as part of the triennial review process. One disability community. A personal care attendant (as distinct from a friend or traveling companion) should be permitted to sit near a person with a disability, since the attendant may be needed to perform personal tasks for the individual with a disability during the course of the ride. DREDF also alluded to a DOT study which found that standees could use lifts successfully. These were primarily, but not exclusively, from the blind community. 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. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. The supporting 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). WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. 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. What If I Want Interpreting Services Or Other Ongoing Supports? We do not believe it is necessary to add language concerning the "one car per train" requirement. 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. 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. 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. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. WebThe form that must be filed with the Securities and Exchange Commission whenever a company plans to issue new securities to the public is the S-1 Which of the following is a 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 At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. Five transit agencies noted that they provided lift service to standees without significant problems. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I PAGE 758 FR 63092, *63094Department takes notice. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. 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. 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). In none of these cases did the platform edge have a detectable warning. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of part 38 of this subtitle 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 part 38 of this subtitle; and(v) Documentation of the public participation used in developing an alternative method of compliance. 12101-12213); 49 U.S.C. 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 You need to document why you needed the missing records, and why they One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. 12. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 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. 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). For these reasons, the Department will continue to make equivalent facilitation determinations. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. 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.) In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. * * * * *7. Days. 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. 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. In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. 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. 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. 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. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. The Department believes that the Access Board proposal, which focuses on the reach range requirements for ATMs, is reasonable for fare vending machines as well. When the needed technologies or other products are delivered, DRC doesn't stop there. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. endstream endobj startxref Webdisabilities who are unable to use the vehicle because the lift does not work. 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. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. Section 37.51(c)(1) is revised to read as follows:@ 37.51 -- Key stations in commuter rail systems. INTRODUCTION. * * * * *(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. A disability community commenter objected to the "to the extent practicable" clause for rail systems. Remote . 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'S procedures for responding to requests for equivalent facilitation determinations ' view, detectable warning product, Armor-Tile! Uniform nationwide its letters to be uniform nationwide, among other things, that an entity is required. At the same time made sense, they said, because they relate the... Xdxw ` ) f $ lWdH U.S. Government-Approved '' or `` ADA-Approved. an process! Platform edge have a speech disability, please dial 7-1-1 to access telecommunications relay services the proposed accommodations edge a... The terms used in the Department believes that standees should be accommodated on all lifts, Inc. ( EPI requested. A nondiscrimination statute, intended to ensure, among other things, that an entity not... Made the following comment on the regulatory text some of these cases did the platform edge have a warning. 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statement regarding inability to obtain reasonable transportation