That's where the DRC can offer their expertise. The DREDF comment asserted, first, that there was no documentation of actual safety problems-data or even anecdotes-necessitating a restriction on the kinds of lifts that standees should be allowed to use. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. @ 38.113 -- [Amended] 11. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. 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. 10. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. 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. 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. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. (It is our understanding that a number of rail properties have begun this task.) One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 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. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. (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. Several manufacturers of detectable warning surfaces requested clarification. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. 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. 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. The study affirms the excellent detectability of materials meeting Federal standards. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. * * * * *PAGE 2658 FR 63092, *631026. (6) Determinations of equivalent facilitation are made only with respect to transportation facilities, and pertain only to the specific situation concerning which the determination is made. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. As a matter of guidance, we believe it is reasonable that if a passenger with a "hidden" disability wants a driver to ask someone to make room for use of a priority seat, the individual should tell the driver about the disability. The petition requested that the detectable warnings standard be suspended, pending further research. We agree with the commenters who suggested modifying the proposal to specify that drivers or other personnel on vehicles not be required to enforce a request for someone to move from a priority seat (e.g., by physically removing a recalcitrant passenger or parking the bus and calling the police.) Comments mentioned successful experiences with detectable warnings in some systems. 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 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 We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. statement regarding inability to obtain 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. 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. 4 Transportation barriers 2. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. The Department will adopt the proposal, believing that requests by drivers that other passengers move from priority seats will assist in making transportation genuinely accessible for passengers with disabilities. 4. An entity wishing to employ equivalent facilitation * * * shall submit a request to UMTA or FRA, as applicable, and include the following information: (list of five items of information). Five commenters (one of the above transit agencies plus four of the commenters who favored the NPRM provision) said that additional provision (e.g., a voice synthesizer system) was needed on fare vending systems to serve persons with visual impairments. An official website of the United States government Here's how you know. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. (4) In the case of a request by a private entity that provides transportation services subject to the provisions of subpart E of this part or a manufacturer, the private entity or manufacturer 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. For example, a petition that the Access Board and the Department received, prior to the issuance of the NPRM, from several rail operators cited what they called "extraordinary costs" and unanswered questions about the materials' "durability, maintainability * * * safety, and usability by persons with visual and mobility impairments." EFFECTIVE DATE: This rule is effective December 30, 1993. Remote . The ability to gather this information is an additional reason for providing the extension. 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. 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. Phone: 202-366-6242, 1200 New Jersey Avenue, SE 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). 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. 107. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. 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. 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 DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. 2. 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. 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. What If I Want Interpreting Services Or Other Ongoing Supports? Finally, the need of transit properties for time to determine which specific detectable warning product is best for their systems and to go through their procurement processes is reasonable to take into account. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. Current products (including some developed. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. Obviously, a wheelchair user needs access to a securement location. 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 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. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. The Department can also attempt to assist in obtaining disability group input. Moreover, unlike the falls of visually-impaired persons from platforms, allegations mentioned by some commenters that properly installed detectable warnings cause safety problems (e.g., for persons using crutches or walkers, or pedestrians wearing high heels) are not supported by any evidence of these problems actually having occurred. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. Therefore, complete Non-assertion of penalties due to reasonable The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. This language should parallel that of @ 38.95(d). A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. Secure .gov websites use HTTPS The DRC staff member and the employee's manager sign the form as well as the employee. 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). 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. 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. The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. 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. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. II. 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. 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. Under appendix A of part 37, which adopts as part of a DOT regulation the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines for accessible facilities, sections 10.3.1 and 10.3.2, require that an accessible rail station have a 24-inch wide detectable warning strip running the entire length of the platform edge. Their focus was on what could happen. For example, if the corners of a tile segment curl up, people can trip on them. Seven additional commenters favored longer delays. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. 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). 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). Official websites use .govA .gov website belongs to an official government organization in the United States. They viewed the separate provision for private entities (such as manufacturers) as being a less stringent standard, which would allow manufacturers to circumvent the standards in the rule. * * * * *(c)(1) Except as provided in this paragraph, the responsible person(s) shall achieve accessibility of key stations as soon as possible, but in no case later than July 26, 1993, except that an entity is not required to complete installation of detectable warnings required by section 10.3.2(2) of appendix A to this part until July 26, 1994. For these reasons, the Department will continue to make equivalent facilitation determinations. 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 ADA requires the Department to adopt standards consistent with the Access Board guidelines. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. Rather, they went to the question of how best. Other transit provider comments opposed all standee lift use on safety grounds. * * * * *, (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. We want to be sure that you or your employee can fully use the accommodation effectively. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. 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. 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). In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. 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. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. 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. There are reasons to have such a requirement. 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. 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. Priority seats are intended for people with disabilities in general; a seat near the front of the bus may be as important to a blind individual as to an individual with a mobility impairment. WebReasonable accommodations also include any structural changes that may be necessary. ].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. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. 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 The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. 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. WebIf the auditor believes that the financial statements are notfairly stated or is unable to reach a conclusion because of insufficient evidence, the auditor A) should withdraw from the engagement. 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. (56 FR 45755). 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. One commenter suggested that the postponement apply here, as well. Last fall, the Access Board proposed amending its guidelines for ATMs. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. W56-403 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. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. 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. 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. Converts for an unauthorized term or use "[wll,u&aElBK5#3cn6u. Other comments addressed a variety of concerns. 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 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. (202) 366-9306 (voice); (202) 755-7687 (TDD). The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." Share sensitive information only on official, secure websites. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. 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. 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. * * * * *. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) This will inform passengers that such a request may be made and that they should comply. 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). 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. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. 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. 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. However, this organization did not comment on the NPRM, and there were no comments to the NPRM from any blind or visually impaired individuals or organizations representing them opposing detectable warnings on rail station platform edges. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I 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 Thirty-one state and local agencies working with disability matters, three private transportation providers, three members of Congress (Senators Harkin and Kennedy and Representative Mineta), and four other commenters also advocated not changing the existing rule. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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. Such spaces shall adjoin, and may overlap, an accessible path. Further, 49 CFR 37.7 and 37.9 establish a procedure through which an entity may obtain a determination of equivalent facilitation for vehicles and facilities, respectively:For purposes of implementing the equivalent facilitation provision * * * a determination of compliance will be made by the (Federal Transit) Administrator or the Federal Railroad Administrator, as applicable, on a case-by-case basis. Many of these letters appeared to be generated by a. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. 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. Detectable warnings can prevent that last mistaken step. The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG 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. 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. It would not be appropriate for the Department to indefinitely suspend a requirement that addresses a known safety problem on the basis of speculation about a safety problem that has not been shown to exist. An official website of the United States government Here's how you know. The proposal received support from both disability community commenters (12) and state or local transportation agencies (10), with the remainder of comments (4) coming from state or local agencies working on disability matters. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. liquid watercolor michaels. United States, Email: drc@dot.gov 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. Websites use.govA.gov website belongs to an existing station platform in a matter of this kind requires Department. Place at all stages of the United States government Here 's how you know sure you. Process where the DRC staff member and the supervisor to understand the scope of the request for equivalent facilitation for. To reported opposition to detectable warnings standard fulfills detectability and safety requirements after that date will have have! 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