statement regarding inability to obtain reasonable transportation

The Department is adopting this proposal without change. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. 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. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. 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. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . To accommodate this situation, the Department proposed to add a new paragraph to this section, which would allow good faith efforts to be documented in a different way. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. * * * * *(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. 107. Twenty-six commenters favored the NPRM approach. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. * * * * *(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. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. 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. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. Connection Between Medical Disability and Educational Requirements. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. For safety and liability reasons, they would prefer not to carry standees on such lifts. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. 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. Further, 49 CFR 37.7 and 37.9 establish a procedure through which an entity may obtain a determination of equivalent facilitation for vehicles and facilities, respectively:For purposes of implementing the equivalent facilitation provision * * * a determination of compliance will be made by the (Federal Transit) Administrator or the Federal Railroad Administrator, as applicable, on a case-by-case basis. endstream endobj startxref The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. We agree with the commenters who suggested modifying the proposal to specify that drivers or other personnel on vehicles not be required to enforce a request for someone to move from a priority seat (e.g., by physically removing a recalcitrant passenger or parking the bus and calling the police.) (2) By documenting that, when there is more than one source of intercity or commuter rail cars for a lease of seven days or less, the lessee has obtained all available accessible intercity or commuter rail cars from all sources before obtaining inaccessible intercity or commuter rail cars from any source. Under appendix A of part 37, which adopts as part of a DOT regulation the Architectural and Transportation Barriers Compliance Board (Access Board) guidelines for accessible facilities, sections 10.3.1 and 10.3.2, require that an accessible rail station have a 24-inch wide detectable warning strip running the entire length of the platform edge. Reasonably possible . Again, I must emphasize he needs to be reasonably sure and NOT In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. It said that while new products have been developed, they have not yet been independently tested. 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. PAGE 2058 FR 63092, *63100agreements with one another, a provision requiring available accessible cars to be provided before other cars in the donor agency's fleet. Parts 37 and 38 require wheelchair securement. * * * * *. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. Amtrak may have a standing reimbursable agreement with Boston or Washington/Baltimore area commuter authorities to borrow commuter rail cars on short notice in these situations. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. 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. 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. 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 This is because the economic effects of the rule in general should be minimal; to the extent that the rule reduces costs (e.g., by delaying the requirement for completing the installation of detectable warnings), this beneficial effect will affect only large entities. 12101-12213); 49 U.S.C. Remote . This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. The Department believes that one commenter's concerns about the relationship of the yellow safety strip or "bumpers" (i.e., strips of material along the outward-facing edges of platforms to protect the rail cars and platform edges from abrasion) on some of its platforms can be addressed successfully without regulatory change, and the Department will work with rail operators to that end. The second was the. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. 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. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. 4 Transportation barriers Webdisabilities who are unable to use the vehicle because the lift does not work. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. Those commenters who asserted that the two types of machines should have different requirements did not provide sufficient information on which the Department or the Access Board could base a separate standard. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. 4. 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. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and 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). They also asked why we seemed to assume that detectable warnings shouldn't be installed until we were sure they were other component of a rail system. 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. The case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. Therefore, complete Non-assertion of penalties due to reasonable The DREDF comment asserted, first, that there was no documentation of actual safety problems-data or even anecdotes-necessitating a restriction on the kinds of lifts that standees should be allowed to use. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. 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. * * * * *[FR Doc. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H WebINABILITY TO OBTAIN. 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. 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. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable The discussion below pertains to this timing issue. Seating spaces may have fold-down or removable seats to accommodate other passengers when a wheelchair or mobility aid user is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space provided (See Fig. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. Converts for an unauthorized term or use Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. 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. Seven additional commenters favored longer delays. 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. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. One disability community. The Department stated in the NPRM that having an adequate detectable warning system to warn blind and visually impaired passengers that they are near a platform edge is a vital safety matter for these passengers. A regulatory deadline would not be that useful, in our view. This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity's existing fixed route vehicles. The first issue to be considered is whether the Department should continue making equivalent facilitation determinations. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. 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. 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. b```YL83Y[20+2'0r20H 2b_j(!c#af(MP03 5[ Last fall, the Access Board proposed amending its guidelines for ATMs. 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. 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. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. 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. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. This can happen in one of two ways. 322. 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. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. 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 agreement would provide that when Amtrak borrowed cars from B, B would make available and Amtrak would take its accessible cars first, to the extent they are available (e.g., B would not have to provide cars that were in the repair shop or that it was impossible to make available for Amtrak's use in a timely fashion). Secure .gov websites use HTTPS Such spaces shall adjoin, and may overlap, an accessible path. The uniformity considerations mentioned by commenters will be taken into account in this process. When it drafted these provisions, the Department contemplated a small number of requests from transit providers concerning individual facility or vehicle problems on which flexibility in applying accessibility standards could be provided without negative effects on accessibility. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. %%EOF 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 "[wll,u&aElBK5#3cn6u. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . , both to Amtrak and the commuter authorities involved ) ] SECTION 12 - PRIORITY SEATING lift does work... Would appear to exceed the scope of the detectable warning materials need to be uniform nationwide by will! Form 941 Withholding Taxes statement uses the terms probable, reasonably possible and! July 1995, both to Amtrak and the commuter authorities involved a reasonable of! 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