Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. The discussion below pertains to this timing issue. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 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. (4) In the case of a request by a manufacturer or a private entity other than an air carrier, the manufacturer or private entity shall consult, in person, in writing, or by other appropriate means, with representatives of national and local organizations representing people with those disabilities who would be affected by the request. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. Converts for an unauthorized term or use The proposal would also require that if the borrower had a choice of obtaining cars from more than one source, it would obtain the cars from a source that had accessible cars before it obtained inaccessible cars from the other source. 20590. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. DREDF also alluded to a DOT study which found that standees could use lifts successfully. 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. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. United States, Email: drc@dot.gov 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 study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." (56 FR 45755). 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. However, the ADA regulation is in Subchapter I of that Title. Connection Between Medical Disability and Educational Requirements. United States, Phone: 888-446-4511 We have some doubts about the practicality of providers carrying wheelchairs on their vehicles to use for standees who are trying to access a vehicle via the lift. 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. * * * * *(c)(1) Except as provided in this paragraph, the responsible person(s) 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. ].14 The auditor should consider the effect of an illegal act on the amounts presented in nancial statements including contingent monetary effects, such as nes, penalties and damages. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. Read Liz's story. * * * * *, (g) 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. 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. A number mentioned the crowded, noisy, distracting atmosphere of rush hour train stations as being a situation in which a tactile cue like a detectable warning is particularly important. 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). Other commenters suggested adding safeguards to ensure accessibility. 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). Washington, DC 20590 Other commenters expressed concern about delay (one suggesting a 90-day FTA deadline) or about misleading manufacturer claims of "DOT approved" products. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h Remote . Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." Lifts meeting Access Board standards will have handrails. 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. We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. 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. 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. A statement of the eligibility requirements for coverage including: (A) The condition under which dependent enrollees may be added to those originally covered; (B) Any limiting age for enrollees and dependents, including effects of Medicare eli-gibility; and (C) A clear statement regarding the cover-age of newborn children. Such spaces shall adjoin, and may overlap, an accessible path. (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. Virtually all commenters supported the proposal, agreeing with the rationale articulated above. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. Comments mentioned successful experiences with detectable warnings in some systems. * * * * *PAGE 2658 FR 63092, *631026. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). 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. PAGE 758 FR 63092, *63094Department takes notice. 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. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. Even when Amtrak leases an entire consist from a commuter authority after that date, the consist will necessarily include at least one accessible car, assuming the commuter authority lessor is in compliance with the rule. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and Secure .gov websites use HTTPS 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. 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. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and Prospective purchasers are advised to evaluate carefully all proposed products and designs against the Access Board requirements for compliance with technical [*63099] specifications, applications, designs, and installations. These were primarily, but not exclusively, from the blind community. 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. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. 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. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. In response to the disability group concerns about possible problems detectable warnings may create for people with mobility impairments, the FTA is available to work with rail properties that have installed or are testing detectable warning systems (and users of these systems who have mobility impairments) to determine whether such problems exist and merit any change in the detectable warning requirement. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. The study affirms the excellent detectability of materials meeting Federal standards. This product did not meet the original Access Board design requirement for detectable warnings. Two commenters suggested that, when possible, the driver seat disabled passengers on the right side of the bus, so that the driver could see if a passenger had problems with the securement device or needed a stop announcement. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. 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). In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. 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. (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. Four. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. hb``g`` Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. (3) In the case of a request by a public entity that provides transportation services subject to the provisions of subpart D of this part, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements. Commenters also asked for more clarification or guidance on certain subjects. Technology and product differentiation in the detectable warnings field does not stand still, and equivalent facilitation is an appropriate means to recognize evolution and innovation in these products. The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. 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. Share sensitive information only on official, secure websites. W56-403 As such, training is required, and adequate training time should be allowed. The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. 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. Many of these letters appeared to be generated by a. There were several suggestions for refining the NPRM proposal, some of which came from some of the same commenters who endorsed the proposal in general. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. 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. Therefore, complete Non-assertion of penalties due to reasonable These support services are provided throughout DOT, regardless of an employee's geographic location. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. 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. Seventeen commenters supported restricting the access of standees to lifts. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. Last fall, the Access Board proposed amending its guidelines for ATMs. 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. 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