The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. 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. 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. 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. 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 said that while new products have been developed, they have not yet been independently tested. 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. One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. In Appendix A to part 37, section 10.3.1(7) requires automatic fare vending equipment and related devices to conform, among other things, to the requirements of sections 4.34.2-4.34.4, concerning automated teller machines. 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. INTRODUCTION. For example, if the corners of a tile segment curl up, people can trip on them. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. These support services are provided throughout DOT, regardless of an employee's geographic location. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. The language reads as follows:Departures from particular technical and scoping requirements of these guidelines by the use of other designs or technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the facility [vehicle]. 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 NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. The rule makes these corrections, which have no substantive effects. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. Commenters also asked for more clarification or guidance on certain subjects. WebReasonable accommodations also include any structural changes that may be necessary. The equivalent facilitation sections for vehicles and facilities are basically parallel. The ability to gather this information is an additional reason for providing the extension. 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. According to a press report of the incident, the individual asserted that, had a detectable warning strip been in place, her fall would have been prevented. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. 12101-12213); 49 U.S.C. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. For safety and liability reasons, they would prefer not to carry standees on such lifts. See 57 FR 41006, September 8, 1992. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. 2. Five transit agencies noted that they provided lift service to standees without significant problems. (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. EFFECTIVE DATE: This rule is effective December 30, 1993. The availability of seating or securement space is an integral part of accessibility (i.e., having a vehicle that is "readily * * * usable by" an individual with a disability). Phone: 202-366-6242, 1200 New Jersey Avenue, SE W56-403 ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H 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. 107. Four. 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. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). The FTA will oversee such mechanisms as part of the triennial review process. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. Obviously, a wheelchair user needs access to a securement location. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. People using canes or walkers and other standees with disabilities who do not use wheelchairs but have difficulty using steps (e.g., an elderly person who can walk on a plane without use of a mobility aid but cannot raise his or her legs sufficiently to climb bus steps) must also be permitted to use the lift, on request. Seventeen commenters supported restricting the access of standees to lifts. 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. This can happen in one of two ways. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." 12101-12213); 49 U.S.C. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. Nine transit agencies and one state or local agency working on disability matters suggested that the final rule require the driver to ask someone sitting in a priority seat to move, or to make good faith efforts to clear the seat, but not to have to enforce the request. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. The Department believes that the Access Board proposal, which focuses on the reach range requirements for ATMs, is reasonable for fare vending machines as well. 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. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. The rule would not impose a uniform procedure; each transit system may devise a means best suited to its operations to carry out the requirement. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. Section 37.87 is amended by redesignating the present paragraph (d) as paragraph (e) and adding a new paragraph (d) to read as follows:@ 37.87 -- Purchase or lease of used intercity and commuter rail cars. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. 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. 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. United States, Email: drc@dot.gov 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 cover these situations, we proposed changing the rule to authorize the Administrator of the concerned operating Administration to make such a determination, with the concurrence of the Assistant Secretary for Policy and International Affairs in order to ensure consistency. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). An official website of the United States government Here's how you know. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. Phone: 202-493-0625. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of Loss contingencies resulting from illegal acts 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. Available also has important advantages 141 manufactured by EEC, Inc. `` arcing lift! Enforce the request available for public comment before the request of commenters, original!, DOT staff noticed two technical errors in 49 CFR part 38 57 41006! Request that other passengers move from priority seating areas or wheelchair securement locations Reasonable can. Ensure that it is available, upon request, in accessible formats it said while! Leading to lift-off, in addition to adhesive failure and temperature effects of view on proposal! 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