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. INDEX. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. DREDF also alluded to a DOT study which found that standees could use lifts successfully. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. 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." 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. WebThe statements are not in conformity with GAAP regarding pension plans An independent auditor has concluded that a substantial doubt remains about a client's ability to continue The sixth change would modify the good faith efforts that Amtrak and commuter rail operators would have to make in order to lease used rail vehicles. Another disability community commenter suggested a requirement that the lease of rail cars by Amtrak not be permitted to decrease the overall percentage of Amtrak's fleet that was accessible (i.e., that if Amtrak leased inaccessible cars from a commuter authority, Amtrak would have to obtain accessible cars elsewhere in order to maintain the same percentage of accessibility in its fleet that it had before the lease). (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. 57 0 obj <>stream 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). 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. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. To the extent that installation of detectable warnings involves an extraordinarily expensive structural change to a particular station, the rail operator could use the cost of the installation as part of its rationale for requesting an extension of time to make the key station accessible. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 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. (202) 366-9306 (voice); (202) 755-7687 (TDD). WebThe CPA performs procedures in order to obtain reasonable assurance (defined as a high but not absolute level of assurance) about whether the financial statements are free from material misstatement. 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. Copies of the final rule are available in alternative formats on request. In none of these cases did the platform edge have a detectable warning. All documents and other information concerning the request shall be available, upon request, to members of the public. 12. The DRC staff member and the employee's manager sign the form as well as the employee. 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. The FTA never intended its letters to be used as product endorsements or certifications of compliance. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. The second was the. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. Phone: 202-493-0625. For these reasons, the Department will continue to make equivalent facilitation determinations. 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. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. In the NPRM, the Department emphasized that its concerns were neither about the basic design of the [*63093] detectable warnings or their usefulness to people with vision impairments. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. The warning strip must include a pattern of "truncated domes" (i.e., small raised rounded surfaces) as required by section 4.29 of appendix A. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor spacePAGE 2858 FR 63092, *6310348 inches by 30 inches. These support services are provided throughout DOT, regardless of an employee's geographic location. Share sensitive information only on official, secure websites. Webdisabilities who are unable to use the vehicle because the lift does not work. 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. 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. 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, suppose there is a standing agreement between Amtrak and Commuter Authority B. 12101-12213); 49 U.S.C. Again, I must emphasize he needs to be reasonably sure and NOT (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). Since the situation of air carriers making equivalent facilitation requests concerning facilities at public airports is very similar to that of the airport sponsors themselves, we decided to apply the same procedural requirements to both. Others said that they did not want to spend substantial sums of money on detectable warnings until there was certainty about what design would best answer the concerns that have been raised. Operators can only make the request but cannot enforce it. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. 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. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. The rule makes these corrections, which have no substantive effects. Read Liz's story. Common transportation barriers include long travel distances, lack of vehicle, transportation cost, inadequate infrastructure, and adverse policies affecting Entities shall not cite these determinations as indicating that a products or methods constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. Five transit agencies noted that they provided lift service to standees without significant problems. Loss contingencies resulting from illegal acts 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. 12101-12213); 49 U.S.C. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Fourteen commenters supported the NPRM provision as drafted. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. 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. It is not enough, under the ADA, to permit a passenger with a disability to enter a vehicle; the person must be able to use the vehicle for transportation. 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 FTA will oversee such mechanisms as part of the triennial review process. 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. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. 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. 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. This is important, among other reasons, because based on the premise that standees can use lifts, the Access Board found it unnecessary to establish a standard for stair riser heights in vehicles that use lifts. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and (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. One disability community commenter and one state or local agency working on disability matters recommended that, regardless of other considerations, each train always have at least one accessible car (after July 1955, presumably). 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. Lifts meeting Access Board standards will have handrails. The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. We believe the changes to the process suggested in the NPRM-concerning the ability of the various DOT operating administrations to make these determinations and having different procedural steps for manufacturers and transportation providers-are reasonable. One transit agency asked that the rule state that non-disabled passengers do not have to get off the bus to let a disabled passenger on. Connection Between Medical Disability and Educational Requirements. In @ 37.7, paragraph(b) is revised to read as follows. WebReasonable accommodations also include any structural changes that may be necessary. 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 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. * * * * *(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. The chance of the future event or events occurring is more than remote but less than likely. The latter group of commenters said that, in a vehicle that did not meet part 38 standards, there were safety concerns relating to door height, smoothness of operation etc. endstream endobj startxref Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. 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. Documentation Requirements. 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. 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