In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." The petition requested that the detectable warnings standard be suspended, pending further research. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. 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. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. The background of this issue is the following: @ 37.165 of the Department's final ADA rule (49 CFR part 37; 56 FR 45584, 45640; September 6, 1991) provides that. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. One of these commenters simply said that the current rule should be left in place, without change. Rather, they went to the question of how best. 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 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. 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. 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. The Department can also attempt to assist in obtaining disability group input. 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. (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. Hours. 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. Many of these letters appeared to be generated by a. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h PAGE 2058 FR 63092, *63100agreements with one another, a provision requiring available accessible cars to be provided before other cars in the donor agency's fleet. (5) A determination of compliance will be made by the Administrator of the concerned operating administration on a case-by-case basis, with the concurrence of the Assistant Secretary for Policy and International Affairs. A disability community commenter suggested. _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- (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. 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. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. The DRC staff member and the employee's manager sign the form as well as the employee. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. Phone: 202-366-6242, 1200 New Jersey Avenue, SE 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. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. 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. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. 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. Phone: 202-493-0625. 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. One rail operator cited a 1991 study performed by a consultant for DOT that noted a number of problems that had occurred in early installations of detectable warnings. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. (56 FR 45755). United States, Phone: 888-446-4511 At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. 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 Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Federal Transit Administration (FTA). Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and 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 parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. The case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. A driver cannot be expected to intuit the existence of a disability that is not apparent. For safety and liability reasons, they would prefer not to carry standees on such lifts. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. 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. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. 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. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. These concerns include the possibility of adhesive failures and "lift-off" (i.e., the corners of segments of the materials may come up) as well as durability. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. However, the ADA regulation is in Subchapter I of that Title. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. 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. INTRODUCTION. [*63098]. There are reasons to have such a requirement. We do not believe it is necessary to add language concerning the "one car per train" requirement. (3) In the case of a request by a public entity that provides transportation services subject to the provisions of subpart D of this part, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. 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. EFFECTIVE DATE: This rule is effective December 30, 1993. 2. 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. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor spacePAGE 2858 FR 63092, *6310348 inches by 30 inches. 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 uniformity considerations mentioned by commenters will be taken into account in this process. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. For example, if the corners of a tile segment curl up, people can trip on them. Four. 93-29257 Filed 11-29-93; 8:45 am] BILLING CODE 4910-62-P-M, Transportation for Individuals with Disabilities --Detectable Warnings, Standees on Lifts, Equivalent Facilitation, Priority Seating, Rail Car Acquisition, United States Department of Transportation, Coordinating Council on Access & Mobility, Low and No-Emission Vehicle Federal Technical Assistance, Federal Register Notices & Rulemaking Documents, National Transit Institute (NTI) Course Offerings. 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. 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. 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. Thirteen of the remaining comments were from manufacturers of detectable warnings and associated products, with four from state or local agencies working on disability matters and two each from state or local transportation agencies and other commenters. The future event or events are likely to occur. 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.) The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Converts for an unauthorized term or use The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. For a short-term lease of commuter rail cars (i.e., for a period of seven days or less; the Department sought comment on whether this is the appropriate period), Amtrak and commuter authorities could have, in standing. %%EOF 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. Lifts meeting Access Board standards will have handrails. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. Among other comments on this subject, one of the rail operators mentioned above thought that the postponement should apply to new and altered platforms as well as those being retrofitted. The A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. (202) 366-9306 (voice); (202) 755-7687 (TDD). WebReasonable accommodations also include any structural changes that may be necessary. In 49 CFR part 37, the words "Urban Mass Transportation Administration" are changed to the words "Federal Transit Administration" in every instance in which those words appear; the letters "UMTA" are changed to the letters "FTA" in every instance in which those letters appear; and the words "UMT Act" and "Urban Mass Transportation Act" are changed to the words "FT Act" and "Federal Transit Act" in every instance in which those words appear, and the definition of "FT Act" is moved to the proper alphabetical order. As such, training is required, and adequate training time should be allowed. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. 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. 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. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. 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 We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. People using canes or walkers and other standees with disabilities who do not use wheelchairs but have difficulty using steps (e.g., an elderly person who can walk on a plane without use of a mobility aid but cannot raise his or her legs sufficiently to climb bus steps) must also be permitted to use the lift, on request. 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. 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). * * * * *(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. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable See 57 FR 41006, September 8, 1992. PAGE 2158 FR 63092, *63100(ATMs). At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. 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. The less stringent standard could also encourage misleading or unethical practices, they said. 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. 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. The chance of the future event or events occurring is more than remote but less than likely. 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. This extension applies only to detectable warnings. 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. Fourteen commenters supported the NPRM provision as drafted. An official website of the United States government Here's how you know. 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. For these reasons, the Department will continue to make equivalent facilitation determinations. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. endstream endobj startxref 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. 1200 New Jersey Avenue, SE 0
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