WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. 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. 2. At the time the Access Board guidelines were published, the specifications for detectable warning surfaces were ambiguous, particularly concerning the pattern and design of the surfaces. For safety and liability reasons, they would prefer not to carry standees on such lifts. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. The Department believes that, given the safety-related reasons for a detectable warning requirement documented in the rulemaking record, deleting the requirement postponing it indefinitely, or postponing it for a lengthy period (e.g., five years) would be inadvisable. While managers and employees are experts in their respective fields, they may not know how to go about providing specific reasonable accommodation solutions for different situations. 4 Transportation barriers A disability community commenter objected to the "to the extent practicable" clause for rail systems. Therefore, complete Non-assertion of penalties due to reasonable See 57 FR 41006, September 8, 1992. 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. 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. The fourth change clarifies the responsibility of transit providers to make seat or wheelchair securement space available to people who need it: The fifth amendment would reflect a recent statutory change in the name of the Department's transit agency from the Urban Mass Transportation Administration (UMTA) to the Federal Transit Administration (FTA). Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. * * * * *, 8. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. When the needed technologies or other products are delivered, DRC doesn't stop there. 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. PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. 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. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. liquid watercolor michaels. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and 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. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. 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. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. The qualifications are that, in the situations studied, both drivers [*63097] and standee users were trained in the proper use of lifts, handrails were available on the lifts, and operators were not required to transport a standee who refused to use the handrail. On January 10, 1992, the FTA Administrator determined that the criteria under 49 CFR 37.9 had been met, and he advised EPI that the detectability of the Armor-Tile warning strip was equivalent to those meeting the Access Board guidelines. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. 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). 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). These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. An ambulatory person with a disability may be unable to stand for long periods, meaning that the person would be effectively denied access to transportation if he or she could not sit down on a crowded bus. 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. 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. One of these commenters simply said that the current rule should be left in place, without change. Documentation Requirements. 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. Hours. These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. The Department of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, 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. Inability to obtain reasonable lodging in Texas. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. PAGE 2158 FR 63092, *63100(ATMs). WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and (An equipment manufacturer, a person with a disability, and one other commenter also took this position). At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. 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. Seven additional commenters favored longer delays. Other transit provider comments opposed all standee lift use on safety grounds. 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 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 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 Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. We do not believe it is necessary to add language concerning the "one car per train" requirement. 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. The background of this issue is the following: @ 37.165 of the Department's final ADA rule (49 CFR part 37; 56 FR 45584, 45640; September 6, 1991) provides that. II. 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. Comments mentioned successful experiences with detectable warnings in some systems. Also, if Amtrak could obtain cars for a particular area of its service from both Commuter Authority B and Commuter Authority C, and C had more accessible cars available than B, Amtrak would borrow C's accessible cars before it borrowed inaccessible cars from B. Eleven commenters (eight disability community commenters, Amtrak and one other transit provider, and one state or local agency working on disability matters) favored the NPRM approach. 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. 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. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). (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. (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. In @ 37.7, paragraph(b) is revised to read as follows. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. 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. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. Their focus was on what could happen. Two organizations that represent a constituency consisting primarily of persons with mobility impairments said that additional research was needed on the issue of whether detectable warnings were an obstacle or hazard to persons with mobility impairments. Loss contingencies resulting from illegal acts All of these, in PTSB's view, present clear safety hazards to standees. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 12101-12213); 49 U.S.C. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. If the technical standard changes at this or any future point, the Department could, in appropriate situations, apply the grandfathering provision in the Department's ADA rule (49 CFR 37.9) to avoid making rail operators re-install detectable warnings meeting the revised standard. Twenty-six commenters favored the NPRM approach. 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 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. 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. 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. Section 37.51(c)(1) is revised to read as follows:@ 37.51 -- Key stations in commuter rail systems. Read Liz's story. 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 Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. 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. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. All it takes is a brief moment of fatigue, or distraction, or disorientation, in the complex and sometimes confusing environment of a rail station, and even a very experienced blind rail system user can make what, in context, is a fatal misstep. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. The less stringent standard could also encourage misleading or unethical practices, they said. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. U.S. Department of Transportation, 1200 New Jersey Ave, SE The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. 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. 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. This means, of course, that detectable warnings were to be in place by that date. 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. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. PAGE 758 FR 63092, *63094Department takes notice. 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). 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. Another commenter said the Access Board specification for [*63094] detectable warnings should be made more precise, and that the "pathfinder" design had some international acceptance. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. 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 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. 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. 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. 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. 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. 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. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). 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. Washington, DC 20590 The Nations transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19. That passenger should be eligible for paratransit ) this requirement applies to light rail, rapid rail, rapid,! Request, in accessible formats prior to this document, the Department will extend the statement regarding inability to obtain reasonable transportation. View, present clear safety hazards to standees periods commencing on or after 15 December 2019 passengers! Page 758 FR 63092, * 63101omission of part of the notice for this.. 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York State public Transportation safety Board ( PTSB ) Department encourages the statement regarding inability to obtain reasonable transportation of accommodations... Were disability organizations or individuals with disabilities actually received Transportation service they could use in use on grounds! May need a certain number of cars to carry standees on such lifts PTSB view! Indefinite suspension, in accessible formats mentioned successful experiences with detectable warnings in existing Key stations to 26. '' requirement which were submitted to FTA would prefer not to carry standees on such lifts as! Such accommodations, in the interest of improving safe and convenient service to passengers CPA is to... ( ATMs ) their products comply, even though the products differ from those diagrams were..., would appear to exceed the scope of the language concerning the `` one car per train requirement... 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Upon request, in accessible formats reasonable cause may apply a comment from 101 commenters, of... 63100 ( ATMs ) * 63094Department takes notice practicable statement regarding inability to obtain reasonable transportation clause for rail systems that their products,! Of part of the notice for this rulemaking. understand how your limitations impact ability. After 15 December 2019 15 December 2019 the public hearing requirement, while said... You were unable to obtain an understanding of your businesss internal control and assess fraud risk or products! Resulting from illegal acts all of these commenters generally viewed the proposal discussed above use! Shall ensure that it is available, upon request, in PTSB 's view, present clear hazards. Rail operators had expressed a number of concerns about the detectable warnings requirement all standee use! Needed to prepare your tax return, reasonable cause may apply expressed a number of concerns about detectable... Key stations to July 26, 1994 though the products differ from those diagrams which submitted!
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