(The study suggests that frequent cleaning is important.) Given the differences between the bus and rail contexts, and the specific requirements that the ADA applies to rail, it does not seem appropriate to apply the "don't diminish fleet accessibility percentage" rule to this situation. Official websites use .govA .gov website belongs to an official government organization in the United States. This can happen in one of two ways. 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. 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. 322. The ability to gather this information is an additional reason for providing the extension. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. 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. 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. 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. 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. Title I of the Americans with Disabilities Act of 1990 (the "ADA") (1) limits an employer's ability to make disability-related inquiries or require medical examinations at three stages: pre-offer, post-offer, and during It is a significant rule under the Department's Regulatory Policies and Procedures, since it amends the Department's Americans with Disabilities Act rule, which is a significant rule. Documentation Requirements. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. 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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. 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 proposal would also require that if the borrower had a choice of obtaining cars from more than one source, it would obtain the cars from a source that had accessible cars before it obtained inaccessible cars from the other source. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. 10. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG The second was the. 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. 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). 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. 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 petition requested that the detectable warnings standard be suspended, pending further research. For safety and liability reasons, they would prefer not to carry standees on such lifts. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. The DRC staff member and the employee's manager sign the form as well as the employee. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. 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. II. PAGE 758 FR 63092, *63094Department takes notice. 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. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. The 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. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to 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. liquid watercolor michaels. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. It is fair to conclude from comments to the rule that one of the consequences of having a serious visual impairment is the need to concentrate very hard on mobility and orientation matters that sighted persons handle routinely. U.S. Department of Transportation, 1200 New Jersey Ave, SE (An equipment manufacturer, a person with a disability, and one other commenter also took this position). The warning strip must include a pattern of "truncated domes" (i.e., small raised rounded surfaces) as required by section 4.29 of appendix A. 4 Transportation barriers PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ A disability community commenter suggested. "[wll,u&aElBK5#3cn6u. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. Again, I must emphasize he needs to be reasonably sure and NOT United States, Phone: 888-446-4511 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. 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. X B) should request an increase in audit fees so that more resources can be used to conduct the audit. Reasonably possible . hb``g`` At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. 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. 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 FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. (It is our understanding that a number of rail properties have begun this task.) The Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, The Access Board's proposed action does not apply to detectable warnings on rail platform edges. 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 Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 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. In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. The supporting In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. * * * * *, (g) The entity shall permit individuals with disabilities who do not use wheelchairs, including standees, to use a vehicle's lift or ramp to enter the vehicle. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. 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. Connection Between Medical Disability and Educational Requirements. 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. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of 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. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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 Department is not making other suggested changes in the regulatory language, believing that reasonable implementation of the provision can address the issues commenters raised. 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 2. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. 20590. Other comments addressed a variety of concerns. 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. 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. The uniformity considerations mentioned by commenters will be taken into account in this process. 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 Department is aware that the Access Board (along with the Department of Justice and Department of Transportation) proposed to suspend, until January 1995, the requirement for detectable warnings in contexts such as curb ramps and parking lots, with the expectation of conducting further research. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. Web1. The Department would apply 49 CFR 37.9, concerning grandfathering, to fare vending systems that meet the current ADA standard in the same way as that section applies to other features of transportation facilities. [*63098]. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). They suggested that public and private entities be subject to the same procedures. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. 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. An official website of the United States government Here's how you know. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. This extension applies only to detectable warnings. 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. This means, of course, that detectable warnings were to be in place by that date. Days. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. Mp[ To cover these situations, we proposed changing the rule to authorize the Administrator of the concerned operating Administration to make such a determination, with the concurrence of the Assistant Secretary for Policy and International Affairs in order to ensure consistency. Share sensitive information only on official, secure websites. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. One commenter suggested that the postponement apply here, as well. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. 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). We do not believe that such accommodations should be required, however. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. This language should parallel that of @ 38.95(d). This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. 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. 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. For example, if the corners of a tile segment curl up, people can trip on them. Washington, DC 20590 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. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. The main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. In the preamble to the final rule, the Department made the following comments on the origin of this provision: PAGE 1058 FR 63092, *63095In the NPRM, the Department neglected to discuss the use of lifts by standees, an oversight that was brought to our attention by a substantial number of disability community commenters. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. 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%). 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