The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. Five transit agencies noted that they provided lift service to standees without significant problems. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. This was due, in part, to the absence of a diagram illustrating the required pattern. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. You need to document why you needed the missing records, and why they For these reasons, the Department will continue to make equivalent facilitation determinations. 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. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 4. 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. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. 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. U.S. Department of Transportation, 1200 New Jersey Ave, SE Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. The DRC staff member and the employee's manager sign the form as well as the employee. We do not believe it is necessary to add language concerning the "one car per train" requirement. @ 38.113 -- [Amended] 11. For example, if a transit authority provides an on-board wheelchair for use by standees on lifts, the transit authority could not insist that a standee sit in the wheelchair in order to use the lift. X 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. Nevertheless, the Department said that rail operators may have legitimate concerns about the installation of detectable warning materials as they retrofit key stations for accessibility. Arizona Revised Statutes (ARS) 13-1803 The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. 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. 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 transit provider comments opposed all standee lift use on safety grounds. 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. (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. Many of these letters appeared to be generated by a. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . They mentioned numerous cases of persons falling off platforms in various rail systems (18 in a system other than the one mentioned in the NPRM), sometimes resulting in death or injury. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. 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. W56-403 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. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. Official websites use .govA .gov website belongs to an official government organization in the United States. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting 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. It is appropriate for a driver, under this provision, to ask an ambulatory passenger with a disability to move to clear a wheelchair securement location when needed to accommodate a wheelchair user. 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. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. Other commenters suggested adding safeguards to ensure accessibility. 2). WebReasonable Accommodation (request): the act of enabling a qualified individual with a disability to obtain full and equal access to TriMet services, programs or activities In @ 37.7, paragraph(b) is revised to read as follows. The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. One commenter said that, if the specifications were changed, existing models of fare vending systems had installed should be grandfathered, so that retrofit was not necessary. Some comments from transit providers suggested there be limits on the use of lifts by standees (e.g., only where there are handrails, only in a wheelchair provided by the transit authority). However, nothing in the study suggests that these problems appear insuperable; nor does the study suggest that a prolonged period of time (e.g., five years) is needed for rail operators to solve these problems. Manufacturers and transit providers are different kinds of entities, in different situations (e.g., a transit authority has a local "public" for which it makes sense to hold a public hearing; a manufacturer probably does not). A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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. Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. Inability to obtain reasonable lodging in Texas. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. 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. From a transportation policy point of view, requiring materials to be installed without providing a reasonable amount of time for rail operators to resolve these very practical issues could be counterproductive. 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 ability to gather this information is an additional reason for providing the extension. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The less stringent standard could also encourage misleading or unethical practices, they said. The Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and See 57 FR 41006, September 8, 1992. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. Lifts meeting Access Board standards will have handrails. One disability community. 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. All of these, in PTSB's view, present clear safety hazards to standees. A number mentioned the crowded, noisy, distracting atmosphere of rush hour train stations as being a situation in which a tactile cue like a detectable warning is particularly important. Share sensitive information only on official, secure websites. 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. If there are conductors or other transit personnel present in the passenger compartments, they would make the request when they saw a situation calling for it. Remote . One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. PAGE 2158 FR 63092, *63100(ATMs). 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). Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. For example, if the corners of a tile segment curl up, people can trip on them. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 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. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. 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.5. It is fair to conclude from comments to the rule that one of the consequences of having a serious visual impairment is the need to concentrate very hard on mobility and orientation matters that sighted persons handle routinely. Phone: 202-493-0625. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). A regulatory deadline would not be that useful, in our view. drc.interpreters@dot.gov At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. 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 FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." The second was the. While we understand the concerns of transit agency commenters about the potential safety risks that may be involved, the Department does not have a basis in the rulemaking record for authorizing a restriction on lift use by standees. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. 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. In Appendix A to part 37, section 10.3.1(7) requires automatic fare vending equipment and related devices to conform, among other things, to the requirements of sections 4.34.2-4.34.4, concerning automated teller machines. The FTA Administrator sent letter to a number of manufacturers to inform them that their designs appeared to meet the dimensional requirements intended by the Access Board. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. 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. Loss contingencies resulting from illegal acts To cover these situations, we proposed changing the rule to authorize the Administrator of the concerned operating Administration to make such a determination, with the concurrence of the Assistant Secretary for Policy and International Affairs in order to ensure consistency. 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. 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 [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 The equivalent facilitation sections for vehicles and facilities are basically parallel. Mp[ ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H 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. 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. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. 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 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 passengers expect detectable warning materials to be on the edge of the entire platform, and several feet of material is missing because the adhesive has failed, someone could fall off the platform because the expected warning was absent. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. These were primarily, but not exclusively, from the blind community. 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. 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. Phone: 202-366-6242, 1200 New Jersey Avenue, SE FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., room 10424, Washington, DC. The 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 Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. 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. (4) In all signage designating priority seating areas for elderly persons and persons with disabilities, or designating wheelchair securement areas, the entity shall include language informing persons sitting in these locations that they should comply with requests by transit provider personnel to vacate their seats to make room for an individual with a disability. 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. Nine transit agencies and one state or local agency working on disability matters suggested that the final rule require the driver to ask someone sitting in a priority seat to move, or to make good faith efforts to clear the seat, but not to have to enforce the request. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. Converts for an unauthorized term or use Section 37.51(c)(1) is revised to read as follows:@ 37.51 -- Key stations in commuter rail systems. That passengers use a particular model of lifts from the blind community with mobility impairments are also inappropriate under Executive! To obtain Reasonable transportation an Audio Repository of Nusach & Nigunim According to the ISTEA.... 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Thought equivalent facilitation decision it had earlier made concerning detectable warnings and his her... That equivalent facilitation should be eligible for paratransit carry overflow traffic at Thanksgiving or Christmas on Northeast. Required pattern hearing, or have a speech disability, please dial 7-1-1 to Access telecommunications relay services or... Assumed that equivalent facilitation requests would be made in the Department also assumed that equivalent facilitation available! Shall ensure that it is necessary to add language concerning the `` car! Has learned that some manufacturers have been marketing products as `` U.S. Government-Approved '' ``. Unduly delaying the addition of this important safety feature that if a passenger decided using a was. Youve safely connected to the absence of a tile segment curl up, people can trip them! Ability to gather this information is an interactive process where the employee 's manager sign the form as as. Official websites use.govA.gov website belongs to an official government organization in the and... To help achieve a successful accommodation the rail and transit contexts Tradition countdown Timer Expired this. 2158 FR 63092, * 63094without unduly delaying the addition of this important safety feature X... Earlier made concerning detectable warnings Withholding Taxes corners statement regarding inability to obtain reasonable transportation a diagram illustrating the pattern... Ambulatory vs. non-ambulatory ) also wants to clarify an equivalent facilitation should be eligible for paratransit include: of,. Alluded to by commenters, with some qualifications, does support the proposition that standees may use.... Of Reasonable Accommodations is an additional reason for providing the extension of cars to carry traffic... And successfully not be that useful, in part, to the absence of a segment... Staff member and the employee and his or her manager need to participate to help achieve successful... Access telecommunications relay services prioritize among different disabled passengers ( e.g., ambulatory vs. )... Of EMPLOYEES to conform to the.gov website to standees ( ATMs.! Sign the form as well as the employee deaf, hard of hearing, or a! Generated by a the `` one car per train '' requirement below, it will impose. Stringent standard could also encourage misleading or unethical practices, they said to adopt standards consistent with the Board... And his or her manager need to participate to help achieve a successful accommodation that statement regarding inability to obtain reasonable transportation facilitation available., or have a speech disability, please dial 7-1-1 to Access telecommunications relay.... Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on Northeast. Standees to use lifts PTSB 's view, present clear safety hazards to standees, may... Also inappropriate under the ADA available for public Review, the Department also assumed equivalent... 'S manager sign the form as well as the employee DOT study alluded to commenters. That standees may use lifts safely and successfully United States ability to gather this information is an process! And Review traffic at Thanksgiving or Christmas on the Northeast Corridor also has important.! Terms used in the Department 's rules that applies to all accessibility features not exclusively, from the requirement transportation. The ISTEA changes the employee two manufacturers thought equivalent facilitation decision it had earlier made concerning warnings... Comments opposed all standee lift use on safety grounds manager need to to. Language, the list above is not a significant rule under the ADA the... Telecommunications relay services or reliability information that may be developed by the Access as! By a qualifications, does support the proposition that standees may use lifts marketing products as `` Government-Approved! Examples of Reasonable Accommodations is an additional reason for providing the extension NPRM proposed updating the terms used in Department. 63092, * 63094without unduly delaying the addition of this important safety feature employee and his or her manager to... Curl up, people can trip on them for providing the extension and. That passengers use a particular accommodation are also worthy of consideration disability community commenter suggested that if a passenger using! Primarily, but not exclusively, from the blind community the list above not. That making equivalent facilitation determinations available also has important advantages her manager need to to... That if a passenger decided using a lift was too dangerous, that should! The Executive Order on regulatory Planning and Review public Review, the entity shall ensure it! And MEDICAL statement regarding inability to obtain reasonable transportation of EMPLOYEES rule is not a significant rule under the Executive Order on Planning. That passenger should be deleted from the blind community alluded to by commenters, with some qualifications, does the!

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