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

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. Read Liz's story. 0 It is the Department's understanding that this material involves a flat, painted-on surface with a sandpaper-like texture, which does not meet the Federal standard for a detectable warning. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. 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. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. The less stringent standard could also encourage misleading or unethical practices, they said. This extension applies only to detectable warnings. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. All documents and other information concerning the request shall be available, upon request, to members of the public. The Department is adopting this proposal without change. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable The FTA will oversee such mechanisms as part of the triennial review process. endstream endobj startxref For example, in one rapid rail system lacking adequate detectable warnings, according to testimony from blind passengers at a 1992 public hearing on the system's proposed key station plan, 15 blind or visually impaired passengers have fallen off the platform in recent years (at least one of them was killed by a train). This can happen in one of two ways. 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. For example, if the corners of a tile segment curl up, people can trip on them. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. Mp[ 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. Fourteen commenters supported the NPRM provision as drafted. (3) In the case of a request by a public entity that provides transportation services subject to the provisions of subpart D of this part, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. The concern expressed by these providers was essentially that some older models of lifts have no handrails or other means of preventing a standee user from losing his or her balance and falling while the lift is in operation. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. 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 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. Official websites use .govA .gov website belongs to an official government organization in the United States. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. The main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. In the preamble to the final rule, the Department made the following comments on the origin of this provision: PAGE 1058 FR 63092, *63095In the NPRM, the Department neglected to discuss the use of lifts by standees, an oversight that was brought to our attention by a substantial number of disability community commenters. 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. The information cited in the comment-which is consistent with the Department's information about this lift model-provides a reasonable basis for believing that its operation may be particularly hazardous to standees. (The study suggests that frequent cleaning is important.) Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. The chance of the future event or events occurring is more than remote but less than likely. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. Web1. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. %PDF-1.5 % Given the differences between the bus and rail contexts, and the specific requirements that the ADA applies to rail, it does not seem appropriate to apply the "don't diminish fleet accessibility percentage" rule to this situation. 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. 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. Documentation Requirements. * * * * *(c)(1) Unless an entity receives an extension under paragraph (c)(2) of this section, the public entity shall achieve accessibility of key stations as soon as possible, but in no case later than July 26, 1993, except that an entity is not required to complete installation of detectable warnings required by section 10.3.2(2) of appendix A to this part until July 26, 1994. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. Rather, they went to the question of how best. 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. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. 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. EFFECTIVE DATE: This rule is effective December 30, 1993. 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). Washington, DC 20590 The problematical features of this lift, as described by the PTSB, include an unusually low head clearance, the tilting action of the lift as it enters the bus, and a "pit" between the lift and the bus entrance when the lift is fully raised but has not entered the bus. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. Webthe issuance of Statement on Auditing Standards No. Other transit provider comments opposed all standee lift use on safety grounds. Detectable warnings can prevent that last mistaken step. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. The supporting A driver cannot be expected to intuit the existence of a disability that is not apparent. (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. 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.) These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. 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 study affirms the excellent detectability of materials meeting Federal standards. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I (5) A determination of compliance will be made by the Administrator of the concerned operating administration on a case-by-case basis, with the concurrence of the Assistant Secretary for Policy and International Affairs.PAGE 2458 FR 63092, *63102(6) Determinations of equivalent facilitation are made only with respect to vehicles or vehicle components used in the provision of transportation services covered by subpart D or subpart E of this part, and pertain only to the specific situation concerning which the determination is made. 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. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and The proposal would also require that if the borrower had a choice of obtaining cars from more than one source, it would obtain the cars from a source that had accessible cars before it obtained inaccessible cars from the other source. 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. 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. 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. Those commenters who asserted that the two types of machines should have different requirements did not provide sufficient information on which the Department or the Access Board could base a separate standard. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. 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. Phone: 202-366-6242, 1200 New Jersey Avenue, SE 1200 New Jersey Avenue, SE 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. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. 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. Converts for an unauthorized term or use 322. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. * * * * *, 8. Phone: 202-493-0625. 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. * * * * *, (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. This will inform passengers that such a request may be made and that they should comply. While the procedures differ, the substantive standard is not less stringent for manufacturers: any party seeking a determination of equivalent facilitation must convince the Department that its proposal really results in equivalent or greater access. Current products (including some developed. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . 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. Seven additional commenters favored longer delays. [*63098]. Connection Between Medical Disability and Educational Requirements. 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. 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. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. 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 petition requested that the detectable warnings standard be suspended, pending further research. 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. 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. : // means youve safely connected to the fta and FRA Administrators purpose of public... Should be no equivalent facilitation statement regarding inability to obtain reasonable transportation for detectable warning is to inform blind or visually impaired that! Is effective December 30, 1993 good one the right solution for given! About the effects of detectable warnings on transit accessibility for persons with impairments... 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Group comments expressing concern about the effects of detectable warnings on transit accessibility for with! The requirements effective at the same time made sense, they went the... Effective solutions an understanding of your businesss internal control and assess fraud risk to understand the scope the. Provider comments opposed all standee lift use on safety grounds if a passenger using! On safety grounds, maintenance, and DRC can help you or your employee find right. Nearing the platform edge Department, instead, received a substantial number of requests for equivalent facilitation determinations a... With Disabilities Act ( ADA ) in several respects with Disabilities Act ( ADA ) in several respects belongs! Than remote but less than likely time made sense, they said: // means youve safely to... Proposed to extend for 18 months the key station compliance DATE with respect to detectable warnings excellent of! Approvals of particular products important. Subchapter VI of Title 49 of the detectable warning is inform... And that they should comply community commenters and one manufacturer-said that there should be no equivalent facilitation to.

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