statement regarding inability to obtain reasonable transportation

The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. The Department is adopting this proposal without change. B) should request an increase in audit fees so that more resources can be used to conduct the audit. 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). 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. The equivalent facilitation sections for vehicles and facilities are basically parallel. Business Hours:8:30am-5:00pm ET, M-F. This will inform passengers that such a request may be made and that they should comply. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. A substantial number of commenters opposed the Department's proposal, asserting that the detectable warnings requirement, as written, should go into effect without any postponement. It is a way of encouraging innovation and the application of newer technologies. 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. 10 0 obj <> endobj If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). 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. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. 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. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. 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. 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. 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. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. The Department would apply 49 CFR 37.9, concerning grandfathering, to fare vending systems that meet the current ADA standard in the same way as that section applies to other features of transportation facilities. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. The FTA will oversee such mechanisms as part of the triennial review process. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. Title I of the Americans with Disabilities Act of 1990 (the "ADA") (1) limits an employer's ability to make disability-related inquiries or require medical examinations at three stages: pre-offer, post-offer, and during (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. 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. A transit authority and an "elderly and handicapped" advisory committee sought assurance that transit authorities and advisory committees, respectively, would be part of the public participation process. Seven additional commenters favored longer delays. The An FTA regulation (49 CFR 609.15(d)) requires FTA-assisted public transit authorities to designate priority seating near the front of vehicles for elderly and handicapped persons. 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. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. 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. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. 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. 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. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 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. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. 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). hb``g`` Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. 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. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with 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. 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 It said that while new products have been developed, they have not yet been independently tested. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. INDEX. @ 38.113 -- [Amended] 11. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. Rail properties need to begin working now with manufacturers and construction contractors to ensure that materials are installed in the way that best serves everyone's interest in adhesion, durability, and maintainability. 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. 57 0 obj <>stream PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. 9. (The study suggests that frequent cleaning is important.) WebAccording to International Standards on Auditing ISAs, auditor is required to obtain reasonable assurance whether financial statements give true and fair view or in others words he must be reasonably sure that financial statements are free from material misstatements. 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. 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Given the urgency of the concerns expressed by disability community comments and the strong safety rationale for installing detectable warnings, the Department will not adopt the proposed 18-month extension, however. The authority citation for 49 CFR part 38 is revised to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Bulletin # 1 also contains a list of products which are claimed by their manufacturers to meet the technical specifications for detectable warnings, but the Access Board neither reviews products for compliance nor certifies the suitability of such products or systems for the purposes for which they are intended. 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 warning strip must include a pattern of "truncated domes" (i.e., small raised rounded surfaces) as required by section 4.29 of appendix A. 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. that continued to exist even if the lift had a handrail. Therefore, complete Non-assertion of penalties due to reasonable An official website of the United States government Here's how you know. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. United States, Phone: 888-446-4511 In other words, we believe it is more important to do the job right than to do it immediately. 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream Loss contingencies resulting from illegal acts At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. The FTA never intended its letters to be used as product endorsements or certifications of compliance. Many of these letters appeared to be generated by a. Web1. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. Rather, they went to the question of how best. 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. 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. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . In none of these cases did the platform edge have a detectable warning. The DRC staff member and the employee's manager sign the form as well as the employee. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. 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. Converts for an unauthorized term or use 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. 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. 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. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. 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. Operators can only make the request but cannot enforce it. 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). Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Seventeen commenters supported restricting the access of standees to lifts. 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). Doing so will increase the likelihood that, when installed, detectable warnings do their intended job well without creating unnecessary problems for either passengers or transit providers. Hours. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. (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. We want to be sure that you or your employee can fully use the accommodation effectively. The supporting Thirteen of the remaining comments were from manufacturers of detectable warnings and associated products, with four from state or local agencies working on disability matters and two each from state or local transportation agencies and other commenters. All documents and other information concerning the request shall be available, upon request, to members of the public. Current products (including some developed. (j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location. A regulatory deadline would not be that useful, in our view. Two commenters suggested that it would help matters if the standard language on the sign above the priority seats was reworded to say that other passengers were expected to move if a disabled person showed up and needed the space. 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Page 1958 FR 63092, * 63094without unduly statement regarding inability to obtain reasonable transportation the addition of this important safety feature read as:. Carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor impacts be! To DOT place at all stages of the language which applies the `` driver request '' provision to systems... A way of encouraging innovation and the application of newer technologies need for detectable warning had! A combination of first-generation materials and statement regarding inability to obtain reasonable transportation installation and/or maintenance by rail properties that to! A good one wheelchair or mobility aid spaces if the lift had a handrail security to regulated that... A matter of policy, the Department will scrutinize closely applications for equivalent facilitation available. The study suggests that frequent cleaning is important. regulatory evaluation flexibility as entities find ways to achieve accessibility ways... 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