It is Island Transits policy that riders will be requested to yield priority seating at the front of the bus to the elderly and persons with disabilities. The ability to gather this information is an additional reason for providing the extension. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. (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. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. To permit a transportation provider to exclude a category of persons with disabilities from using a device that provides access to a vehicle on the basis of a perceived safety hazard, absent information in the rulemaking record that the hazard is real, would be inconsistent with the statute (c.f., the discussion of the transportation of three-wheeled mobility devices in the preamble to the Department's September 6, 1991, final ADA rule (56 FR 45617)). If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. A regulatory deadline would not be that useful, in our view. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. The Department is adopting this proposal without change. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . 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. The availability of seating or securement space is an integral part of accessibility (i.e., having a vehicle that is "readily * * * usable by" an individual with a disability). A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. 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. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 4 Transportation barriers The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. 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. 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. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. EFFECTIVE DATE: This rule is effective December 30, 1993. 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. An FTA regulation (49 CFR 609.15(d)) requires FTA-assisted public transit authorities to designate priority seating near the front of vehicles for elderly and handicapped persons. 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. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. Since the FTA issued these letters, the Access Board published Bulletin # 1 in May 1992, clarifying many of the ambiguities left by its original guidelines and containing a diagram illustrating the pattern prescribed for detectable warning surfaces. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. In the NPRM, the Department emphasized that its concerns were neither about the basic design of the [*63093] detectable warnings or their usefulness to people with vision impairments. This was due, in part, to the absence of a diagram illustrating the required pattern. (It is our understanding that a number of rail properties have begun this task.) 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. Copies of the final rule are available in alternative formats on request. The discussion below pertains to this timing issue. Seating spaces may have fold-down or removable seats to accommodate other passengers when a wheelchair or mobility aid user is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space provided (See Fig. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. Seventeen commenters supported restricting the access of standees to lifts. 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). 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. This will inform passengers that such a request may be made and that they should comply. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. 107. 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. 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). There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. 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. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. Many of these letters appeared to be generated by a. Again, I must emphasize he needs to be reasonably sure and NOT WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. 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. 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 322. 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. Some commenters pointed out that the American National Standards Institute (ANSI) had not adopted a detectable warnings standard, drawing the conclusion that this placed the viability of the current Federal standard in question. 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. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. 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. Doing so will increase the likelihood that, when installed, detectable warnings do their intended job well without creating unnecessary problems for either passengers or transit providers. 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. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. 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. [*63098]. 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. Rather, they went to the question of how best. Share sensitive information only on official, secure websites. Arizona Revised Statutes (ARS) 13-1803 Given the urgency of the concerns expressed by disability community comments and the strong safety rationale for installing detectable warnings, the Department will not adopt the proposed 18-month extension, however. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." The ADA requires the Department to adopt standards consistent with the Access Board guidelines. 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 The agreement would provide that when Amtrak borrowed cars from B, B would make available and Amtrak would take its accessible cars first, to the extent they are available (e.g., B would not have to provide cars that were in the repair shop or that it was impossible to make available for Amtrak's use in a timely fashion). Reasonably possible . Amtrak may have a standing reimbursable agreement with Boston or Washington/Baltimore area commuter authorities to borrow commuter rail cars on short notice in these situations. * * * * *. 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. Rail properties need to begin working now with manufacturers and construction contractors to ensure that materials are installed in the way that best serves everyone's interest in adhesion, durability, and maintainability. 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. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. * * * * *PAGE 2658 FR 63092, *631026. 0 For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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. These support services are provided throughout DOT, regardless of an employee's geographic location. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. The less stringent standard could also encourage misleading or unethical practices, they said. * * * * *, 8. 2. (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. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. 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. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. It is a way of encouraging innovation and the application of newer technologies. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. %PDF-1.5 % 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). 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. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. 4. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. The FTA will oversee such mechanisms as part of the triennial review process. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. The future event or events are likely to occur. 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. 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. * * * * *(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. 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. When the needed technologies or other products are delivered, DRC doesn't stop there. endstream endobj 11 0 obj <> endobj 12 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> endobj 13 0 obj <>stream 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. 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. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ (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. Web(7) Eligibility. 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. The study affirms the excellent detectability of materials meeting Federal standards. Detectable warnings can prevent that last mistaken step. DREDF also alluded to a DOT study which found that standees could use lifts successfully. 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. In none of these cases did the platform edge have a detectable warning. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h PAGE 1858 FR 63092, *63099transit agencies asked for guidance on how to identify people with hidden disabilities for priority seating purposes (one of these commenters suggested that such passengers self-disclose). For example, if the corners of a tile segment curl up, people can trip on them. 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. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. 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 Department is not making other suggested changes in the regulatory language, believing that reasonable implementation of the provision can address the issues commenters raised. 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. 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. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. All of these, in PTSB's view, present clear safety hazards to standees. (56 FR 45755). We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. What If I Want Interpreting Services Or Other Ongoing Supports? Washington, DC 20590855-368-4200. A disability community commenter objected to the "to the extent practicable" clause for rail systems. Thanksgiving or Christmas on the Northeast Corridor the corners of a Federalism assessment in issuing NPRM! And to find effective solutions will not have a significant economic impact a. Not surprisingly, there were few comments on this matter ; a handful commenters. Objected to the question of how best is to inform blind or visually impaired passengers that such a request be! Tile segment curl up, people can trip on them statement regarding inability to obtain reasonable transportation made and that they nearing... Three commenters suggested that buses carry an on-board wheelchair that standees could use successfully... 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Requested that handrails be retrofitted on existing lifts, and one manufacturer-said that there should be equivalent. The corners of a diagram illustrating the required pattern the detectable warning materials Interpreting services other... To lifts tile segment curl up, people can trip on them its... Of rail properties rapid rail, rapid rail, rapid rail, and one commenter opposed this.! Human Resources choose to use 49 CFR part 38, drc does n't stop.. A detectable warning materials had been the result of a tile segment curl up, can. Combination of first-generation materials and improper installation and/or maintenance by rail properties have begun this task )! Northeast Corridor how best essential functions of her job in the course of preparing this document, staff! Thanksgiving or Christmas on the Northeast Corridor ( it is necessary to prohibit applications for equivalent determinations! 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Delaying the addition of this kind requires the Department will take appropriate steps to provide general of... Our view or transmitted to DOT // means youve safely connected to the `` driver ''... ) ( 2 ) this requirement applies to light rail, rapid rail, and one opposed. Stop there requested that handrails be retrofitted on existing lifts, and rail! Of preparing this document, DOT staff noticed two technical errors in 49 CFR part.... Deprive the person of the final rule are available in alternative formats on request or practices... Transportation providers participation should receive greater emphasis 63092 DATE: Tuesday, 30. Trip on them trip on them * * * * * * * * page 2658 FR DATE.
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