W56-403 Last fall, the Access Board proposed amending its guidelines for ATMs. Official websites use .govA .gov website belongs to an official government organization in the United States. PAGE 1158 FR 63092, *63096letter-writing campaign organized by the Disability Rights Education and Defense Fund (DREDF), whose comment is probably the most thorough and typical statement of the disability community's objections to the proposal. (202) 366-9306 (voice); (202) 755-7687 (TDD). Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. The obligations would differ depending on whether the requester is a transportation entity or a manufacturer (in the latter case, the requirement would be a consultation requirement, since there is not a single community whose representatives could be involved in the normal sense of public participation). 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. 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. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. 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. 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. (6) Determinations of equivalent facilitation are made only with respect to transportation facilities, and pertain only to the specific situation concerning which the determination is made. 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). 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. The second was the. The basic view of these commenters was that the proposed extension of the completion date was needed to address the concerns cited in the NPRM. In view of the close relationship between the coverage of airport facilities under the ADA, section 504 of the Rehabilitation Act, and the Air Carrier Access Act, the Department is clarifying the facilities section to specifically include requests for equivalent facilitation that arise concerning airport facilities under all three statutes. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). (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. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. statement regarding inability to obtain Receive email updates about the latest in Safety, Innovation, and Infrastructure. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. 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. * * * * *, 8. drc.interpreters@dot.gov 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. For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. 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. The 1991 study referred to by a commenter ("Innovative Solutions for Disabled Transit Accessibility" Thomas J. McGean, October 1991) evaluates detectable warning materials that had been installed up to that time. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 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. For these reasons, the Department will continue to make equivalent facilitation determinations. 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. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 2). Therefore, complete Non-assertion of penalties due to reasonable Four transit agencies went further, asserting that standees should be permitted to use only those buses that fully meet the requirements of 49 CFR part 38 (the Department's ADA vehicle standards). (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). Two commenters suggested that it would help matters if the standard language on the sign above the priority seats was reworded to say that other passengers were expected to move if a disabled person showed up and needed the space. (56 FR 45618). Rather, they went to the question of how best. 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. However, the ADA regulation is in Subchapter I of that Title. Section 37.87 of the Department's ADA regulation provides that when Amtrak or a commuter authority purchases or leases or used intercity or commuter rail car, it must either obtain an accessible car or demonstrate the good faith efforts it has made to do so. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. Share sensitive information only on official, secure websites. Documentation Requirements. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. 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. One commenter said that, if the specifications were changed, existing models of fare vending systems had installed should be grandfathered, so that retrofit was not necessary. 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. Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. This product did not meet the original Access Board design requirement for detectable warnings. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. Priority seats are intended for people with disabilities in general; a seat near the front of the bus may be as important to a blind individual as to an individual with a mobility impairment. For safety and liability reasons, they would prefer not to carry standees on such lifts. If there are conductors or other transit personnel present in the passenger compartments, they would make the request when they saw a situation calling for it. 4 Transportation barriers 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. Entities shall not cite these determinations as indicating that a products or methods constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream (It is our understanding that a number of rail properties have begun this task.) The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. The discussion below pertains to this timing issue. For this reason, the final rule will permit transit providers who operate buses having this lift model to deny its use to standees (who would, of course, be eligible for paratransit as a result). The Department believes that this period should give transit properties sufficient time to work out the installation and related problems to which the comments referred. 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. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. One transit agency asked that the rule state that non-disabled passengers do not have to get off the bus to let a disabled passenger on. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. 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. We want to be sure that you or your employee can fully use the accommodation effectively. 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. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. 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