The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. WebINABILITY TO OBTAIN. (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. In 49 CFR part 37, the words "Urban Mass Transportation Administration" are changed to the words "Federal Transit Administration" in every instance in which those words appear; the letters "UMTA" are changed to the letters "FTA" in every instance in which those letters appear; and the words "UMT Act" and "Urban Mass Transportation Act" are changed to the words "FT Act" and "Federal Transit Act" in every instance in which those words appear, and the definition of "FT Act" is moved to the proper alphabetical order. It would not be appropriate for the Department to indefinitely suspend a requirement that addresses a known safety problem on the basis of speculation about a safety problem that has not been shown to exist. Section 37.51(c)(1) is revised to read as follows:@ 37.51 -- Key stations in commuter rail systems. In other words, we believe it is more important to do the job right than to do it immediately. 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 Department understands that this lift model is no longer being manufactured, but remains in use on some buses. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. The FTA will oversee such mechanisms as part of the triennial review process. The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. Transit providers have asked the Department whether they have an obligation under the ADA to direct other passengers to move from designated priority seats or from fold-down seats over a wheelchair securement location when a passenger with a disability enters the vehicle. The Department encourages rail operators to install detectable warnings before the required date. If the entity chooses not to allow such individuals to use such a lift, it shall clearly notify consumers of this fact by signage on the exterior of the vehicle (adjacent to and of equivalent size with the accessibility symbol). 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. 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. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. 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. 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. WebUnlawful use of means of transportation can result in a conviction of class 5 or class 6 felony. See 57 FR 41006, September 8, 1992. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along 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. 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. 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. 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. 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 study suggests that frequent cleaning is important.) Web(7) Eligibility. In the most recent case, a visually impaired individual apparently fell onto the tracks of a Maryland commuter rail system and was also fatally injured by a train. Such spaces shall adjoin, and may overlap, an accessible path. INTRODUCTION. The equivalent facilitation sections for vehicles and facilities are basically parallel. The Department can also attempt to assist in obtaining disability group input. One commenter suggested that the postponement apply here, as well. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. 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. INDEX. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. The Department's proposal was based on a belief that rail operators may need additional time to resolve concerns over adhesion, durability, and maintainability of detectable warning materials in the context of key station modifications. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. Phone: 202-366-6242, 1200 New Jersey Avenue, SE At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. However, the ADA regulation is in Subchapter I of that Title. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). PAGE 758 FR 63092, *63094Department takes notice. Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. 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. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and Converts for an unauthorized term or use The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. 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. 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. The uniformity considerations mentioned by commenters will be taken into account in this process. The FTA never intended its letters to be used as product endorsements or certifications of compliance. A personal care attendant (as distinct from a friend or traveling companion) should be permitted to sit near a person with a disability, since the attendant may be needed to perform personal tasks for the individual with a disability during the course of the ride. This means, of course, that detectable warnings were to be in place by that date. The petition requested that the detectable warnings standard be suspended, pending further research. 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). This product did not meet the original Access Board design requirement for detectable warnings. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. 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 WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. 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. We also do not believe there is a strong connection between the July 1995 one car per train deadline (which pertains mostly to making service for persons with mobility impairments accessible) and the installation of detectable warnings (which pertains mostly to making platforms safe for visually impaired passengers). Five commenters (four transit agencies and a manufacturer) said that the purpose and design of fare vending machines were different enough from those of ATMs to warrant a different standard, at least with respect to some specifications. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 322. Current products (including some developed. * * * * *(d)(1) For purposes of implementing the equivalent facilitation provision in section 2.2 of appendix A to this part, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation:(i)(A) A public or private entity that provides transportation facilities subject to the provisions of subpart C this part, or other appropriate party with the concurrence of the Administrator;(ii) With respect to airport facilities, an entity that is an airport operator subject to the requirements of 49 CFR part 27 or regulations implementing the Americans with Disabilities Act, an air carrier subject to the requirements of 14 CFR part 382, or other appropriate party with the concurrence of the Administrator. The rule makes these corrections, which have no substantive effects. 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. 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. 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. The Department is aware that the Access Board (along with the Department of Justice and Department of Transportation) proposed to suspend, until January 1995, the requirement for detectable warnings in contexts such as curb ramps and parking lots, with the expectation of conducting further research. * * * * *7. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. However, it is not a condition to the Close of Escrow that Seller obtain Estoppel Certificates from those A-Tenants in excess of the Minimum Number of Estoppels. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. 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). You need to document why you needed the missing records, and why they We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. Phone: 202-493-0625. Hours. 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. 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). Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. One rail operator cited a 1991 study performed by a consultant for DOT that noted a number of problems that had occurred in early installations of detectable warnings. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. 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 Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 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. 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