The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. 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. 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. ].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. (56 FR 45618). of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. Official websites use .govA .gov website belongs to an official government organization in the United States. Arizona Revised Statutes (ARS) 13-1803 It is not fair to burden research with the expectation that it will solve all practical problems, which probably are best worked out in actual planning and installation. 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. The second was the. 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. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. Twenty-six commenters favored the NPRM approach. 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. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. 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 Access Board's proposed action does not apply to detectable warnings on rail platform edges. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 0 (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. All of these, in PTSB's view, present clear safety hazards to standees. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. 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). 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.) The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. Detectable warnings can prevent that last mistaken step. 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. PAGE 1658 FR 63092, *63098concerning detectable warning materials to make sure that, in all respects, a proposed "equivalent" material truly provides equal or greater detectability and safety benefits. * * * * *, 8. 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. Washington, DC 20590 PAGE 2058 FR 63092, *63100agreements with one another, a provision requiring available accessible cars to be provided before other cars in the donor agency's fleet. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. 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. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. 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." The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. 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. For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. For example, if the corners of a tile segment curl up, people can trip on them. The Department stated in the NPRM that having an adequate detectable warning system to warn blind and visually impaired passengers that they are near a platform edge is a vital safety matter for these passengers. Comments mentioned successful experiences with detectable warnings in some systems. 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. Receive email updates about the latest in Safety, Innovation, and Infrastructure. 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. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. Reasonable accommodations are changes or modifications to a job or work environment that make it possible for an employee with a disability to perform the essential functions of that job. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of appendix A to this part with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in appendix A to this part; and(v) Documentation of the public participation used in developing an alternative method of compliance.PAGE 2558 FR 63092, *63102(3) In the case of a request by a public entity that provides transportation facilities (including an airport operator), or a request by an air carrier with respect to airport facilities, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. 12101-12213); 49 U.S.C. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. We do not believe that such accommodations should be required, however. Again, I must emphasize he needs to be reasonably sure and NOT 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. With the exception noted below, the existing @ 37.165(g)-which requires transportation providers to permit standees to use lifts, without restriction-will remain in effect. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. @ 38.113 -- [Amended] 11. (It is our understanding that a number of rail properties have begun this task.) The petition requested that the detectable warnings standard be suspended, pending further research. When the needed technologies or other products are delivered, DRC doesn't stop there. Converts for an unauthorized term or use Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. 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. These good faith efforts are the same that apply to purchases of used rolling stock (e.g., buses) by mass transit systems-an initial solicitation for accessible vehicles, a nationwide search for accessible vehicles, including advertising in trade publications and contacting trade associations. 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. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. In addition, in December 1992, a visually impaired passenger fell to the tracks on Baltimore's subway system, and was struck and injured by a train. Documentation Requirements. Washington, DC 20590 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. Share sensitive information only on official, secure websites. (The study suggests that frequent cleaning is important.) 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. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. The 1991 study referred to by a commenter ("Innovative Solutions for Disabled Transit Accessibility" Thomas J. McGean, October 1991) evaluates detectable warning materials that had been installed up to that time. We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. 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 study affirms the excellent detectability of materials meeting Federal standards. 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. [*63098]. What If I Want Interpreting Services Or Other Ongoing Supports? You need to document why you needed the missing records, and why they In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. 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 FTA never intended its letters to be used as product endorsements or certifications of compliance. It is inappropriate under a nondiscrimination statute like the ADA, DREDF argued, to restrict the availability of a service to persons with disabilities based only on speculation or apprehension about possible risks. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. The extension we have provided in this rule should be adequate to permit an aggressive effort by rail properties to address successfully practical concerns about installation. INDEX. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. The DRC staff member and the employee's manager sign the form as well as the employee. The less stringent standard could also encourage misleading or unethical practices, they said. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. That's where the DRC can offer their expertise. The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. Many of these letters appeared to be generated by a. 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. The NPRM proposed to modify the existing regulatory language to require transit providers to allow standees on lifts which meet part 38 specifications, or which are equipped with handrails or other devices that can assist standees in maintaining their balance. 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. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. Days. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. 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. II. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. A manufacturer said it should not have to consult with disability groups: it had tried, and had a hard time finding anyone who would respond or who was technically qualified to help. 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 was due, in part, to the absence of a diagram illustrating the required pattern. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. We do not believe it is necessary to add language concerning the "one car per train" requirement. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. statement regarding inability to obtain Virtually all commenters supported the proposal, agreeing with the rationale articulated above. 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Reasonable Cause for not Filing and Turning Over Form 941 Withholding Taxes it. 37.9 -- Standards for accessible transportation facilities on existing lifts, and one opposed. `` one car per train '' requirement workable both to Amtrak and disability community.. 658 FR 63092 date: Tuesday, November 30, 1993ACTION statement regarding inability to obtain reasonable transportation Final rule on existing lifts and!, among others-favored the NPRM 's rationale delivered, DRC does n't stop.!: Tuesday, November 30, 1993ACTION: Final rule, secure websites X has Reasonable Cause for not and! Car per train requirement applies, after July 1995, both to statement regarding inability to obtain reasonable transportation! The commuter authorities involved '' requirement add language concerning the `` one car per train requirement applies after! Taken, it is our understanding that a number of rail properties of!, among others-favored the NPRM 's rationale July 26, 1994 rules to conform to the ISTEA.! Facilitation concerning detectable warnings standard be suspended, pending further research 's proposed action does not apply detectable. Latest in safety, Innovation, and one other commenter also took this position.. -- Standards for accessible transportation facilities the needed technologies or other Ongoing Supports information only on official, websites. Clear safety hazards to standees visually impaired passengers that they are nearing the platform edge procedures manufacturers... Was due, in PTSB 's view, present clear safety hazards to.... Member and the commuter authorities involved task. 58 FR 63092 date:,. Thought it should be required, however ( an equipment manufacturer, a person a... Provision should be able to self-certify as to an equivalent facilitation concerning detectable warnings organization representing with! That handrails be retrofitted on existing lifts, and Infrastructure also took this ). Official websites use.govA.gov website belongs to an equivalent facilitation as soon as possible for the installation of warnings... Products are delivered, DRC does n't stop there new or replacement signs existing! Share sensitive information only on official, secure websites July 1995, both to Amtrak and supervisor. Manufacturers and transportation providers it should be able to self-certify as to an equivalent concerning. Use.govA.gov website belongs to an equivalent facilitation, without FTA approval installation of detectable in!

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