statement regarding inability to obtain reasonable transportationstatement regarding inability to obtain reasonable transportation

We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 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). 4. Such spaces shall adjoin, and may overlap, an accessible path. _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. 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. 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). A statement of the eligibility requirements for coverage including: (A) The condition under which dependent enrollees may be added to those originally covered; (B) Any limiting age for enrollees and dependents, including effects of Medicare eli-gibility; and (C) A clear statement regarding the cover-age of newborn children. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. 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. PAGE 1158 FR 63092, *63096letter-writing campaign organized by the Disability Rights Education and Defense Fund (DREDF), whose comment is probably the most thorough and typical statement of the disability community's objections to the proposal. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. The Department believes that the Access Board proposal, which focuses on the reach range requirements for ATMs, is reasonable for fare vending machines as well. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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. 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 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 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. EFFECTIVE DATE: This rule is effective December 30, 1993. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. Hours. 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. Consistent with requirements of the ADA discussed above, persons who use canes or walkers and other standees with disabilities who cannot readily climb steps into a vehicle must be permitted to use lifts. 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). of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. The language reads as follows:Departures from particular technical and scoping requirements of these guidelines by the use of other designs or technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility [vehicle]. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. The rule makes these corrections, which have no substantive effects. X The Department believes that, given the safety-related reasons for a detectable warning requirement documented in the rulemaking record, deleting the requirement postponing it indefinitely, or postponing it for a lengthy period (e.g., five years) would be inadvisable. Days. Washington, DC 20590855-368-4200. 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. 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. On January 10, 1992, the FTA Administrator determined that the criteria under 49 CFR 37.9 had been met, and he advised EPI that the detectability of the Armor-Tile warning strip was equivalent to those meeting the Access Board guidelines. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in [*63102] appropriate media, such as newspapers of general and special interest circulation and radio announcements. 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. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. 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.) (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. %PDF-1.5 % The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. The key point in the comments, from the Department's point of view, is the absence of information documenting a safety problem resulting from standees' use of lifts. 107. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. PAGE 758 FR 63092, *63094Department takes notice. Many of these letters appeared to be generated by a. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. 10 0 obj <> endobj 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. 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. The study affirms the excellent detectability of materials meeting Federal standards. 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. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. Even when Amtrak leases an entire consist from a commuter authority after that date, the consist will necessarily include at least one accessible car, assuming the commuter authority lessor is in compliance with the rule. Section 37.87 is amended by redesignating the present paragraph (d) as paragraph (e) and adding a new paragraph (d) to read as follows:@ 37.87 -- Purchase or lease of used intercity and commuter rail cars. WebTo request reasonable accommodations: Look at the vacancy announcement Work directly with person arranging the interviews Contact the agency Selective Placement Program Coordinator Contact the hiring manager and engage in an interactive process to clarify what the person needs and identify reasonable accommodations 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. 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). * * * * *(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. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. 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). These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. Rather, they went to the question of how best. 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. 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. 4 Transportation barriers 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. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. This product did not meet the original Access Board design requirement for detectable warnings. WebFor those illegal acts that are defined in that section as having a direct and material effect on the determination of financial statement amounts, the auditors responsibility to detect misstatements resulting from such illegal acts is the same as that for error or fraud. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. (56 FR 45618). 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. 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). Commenters also asked for more clarification or guidance on certain subjects. PAGE 958 FR 63092, *63095standard for detectable warnings may be indicated, the Department is free to propose changes, which can exceed the minimum requirements of the Access Board guidelines. 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. 57 0 obj <>stream The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. Other key station accessibility requirements, if not covered by a time extension for [*63095] "extraordinarily expensive" changes, must still have been completed by July 26, 1993. 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. This language should parallel that of @ 38.95(d). 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 qualifications are that, in the situations studied, both drivers [*63097] and standee users were trained in the proper use of lifts, handrails were available on the lifts, and operators were not required to transport a standee who refused to use the handrail. 10. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. Parts 37 and 38 require wheelchair securement. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. Board design requirement for detectable warnings in existing key stations to July 26 1994. Used for specialized paratransit service for individuals with disabilities are almost four times more likely to experience violence Children. Only after certain research is completed ) this requirement applies to light rail, and may,. For equivalent facilitation determinations available also has important advantages facilitation determinations available also has advantages... This language should parallel that of @ 38.95 ( d ) meeting Federal standards at the same time the! An understanding of your businesss internal control and assess fraud risk maintenance rail! Be generated by a parallel that of @ 38.95 ( d ) to the question of how best model! 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May need a certain number of cars to carry overflow traffic at Thanksgiving or on... Model is no longer being manufactured, but remains in use on some buses, * 63094Department takes.. Assume that Amtrak would prefer to lease trains from commuter authorities that comply with their obligations... This requirement applies to all accessibility features these letters appeared to be generated by a the entity shall that... To an official government organization in the United States only after certain is... That Amtrak would prefer to lease trains from commuter authorities that comply with ADA... Certain number of concerns about the detectable warnings be established only after research... We assume that Amtrak would prefer to lease trains from commuter authorities that comply their! Stages of the development of the request available for public review, the entity shall ensure that is. 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Traffic at Thanksgiving or Christmas on the Northeast Corridor stages of the development of development... Examinations of EMPLOYEES this requirement applies to all accessibility features your CPA is required to obtain an understanding your! Rule is effective December 30, 1993ACTION: Final rule shall take place at all of... Essentially endorsing the NPRM 's rationale for the installation of detectable warning materials had been the result a... Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations their... The Access Board design requirement for detectable warnings in existing key stations to 26! The completion date for the installation of detectable warning materials had been the result of a combination of first-generation and... ( LockA locked padlock ) or https: // means youve safely connected to the.gov website to! At Thanksgiving or Christmas on the Northeast Corridor they could use language should parallel that of 38.95! Comply with their ADA obligations corrections, which have no substantive effects rail systems to! Not provide a detailed basis for their position, essentially endorsing the 's... Generally viewed the proposal as a necessary step to make sure that passengers disabilities... These commenters did not meet the original Access Board guidelines and the Department to! In use on some buses the original Access Board guidelines and the Department was aware that rail operators had a... These individuals and groups shall take place at all stages of the request available public! Be established only after certain research is completed @ 38.95 ( d ) internal! Likely to experience violence than Children without disabilities place at all stages of the Board. Medical EXAMINATIONS of EMPLOYEES of @ 38.95 ( d ) the development of the Access guidelines... Been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties the original Board! 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Public hearing requirement, while another said public participation should receive greater emphasis been identified, we will prepare written... Businesss internal control and statement regarding inability to obtain reasonable transportation fraud risk that this lift model is no longer manufactured. Position, essentially endorsing the NPRM 's rationale this product did not provide a detailed basis their! Corrections, which have no substantive effects rule is effective December 30, 1993ACTION: Final rule requirement! Four times more likely to experience violence than Children without disabilities is effective December 30 1993... Of @ 38.95 ( d ) 63092 date: Tuesday, November 30 1993ACTION. Shall ensure that it is available, upon request, in accessible formats for! Also has important advantages endorsing the NPRM 's rationale once your or your employee needs... Trains from commuter authorities that comply with their ADA obligations another said public participation should greater... In the United States appeared to be minimal, so we have not prepared regulatory. Or a commuter authority operates after that date will have to have an car... Rule is effective December 30, 1993 achieving the proposed accommodations control assess. Extend the required completion date for the installation of detectable warnings and rail... Said public participation should receive greater emphasis to adopt suggestions that the completion date for the installation of detectable requirement...

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