The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. The discussion below pertains to this timing issue. This means, of course, that detectable warnings were to be in place by that date. Another commenter said the Access Board specification for [*63094] detectable warnings should be made more precise, and that the "pathfinder" design had some international acceptance. 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. Fourteen commenters supported the NPRM provision as drafted. ].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. We do not believe that such accommodations should be required, however. PAGE 758 FR 63092, *63094Department takes notice. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. 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. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) Since the situation of air carriers making equivalent facilitation requests concerning facilities at public airports is very similar to that of the airport sponsors themselves, we decided to apply the same procedural requirements to both. 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. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. A disability community commenter suggested. These support services are provided throughout DOT, regardless of an employee's geographic location. See 57 FR 41006, September 8, 1992. We believe that a reasonable balance is best achieved, in this case, by allowing transit authorities a limited period of time to resolve practical problems concerning detectable warnings. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. Remote . Loss contingencies resulting from illegal acts "[wll,u&aElBK5#3cn6u. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. Phone: 202-493-0625. II. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. 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). The study affirms the excellent detectability of materials meeting Federal standards. (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. Five commenters (one of the above transit agencies plus four of the commenters who favored the NPRM provision) said that additional provision (e.g., a voice synthesizer system) was needed on fare vending systems to serve persons with visual impairments. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. * * * * *. This extension applies only to detectable warnings. 2. If manufacturers or other parties have a problem in obtaining disability group input, they can document their efforts as part of their application for an equivalent facilitation determination. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. 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. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. Read Liz's story. These commenters, while making clear their concern about safety, did not present any data or anecdotal information that would demonstrate that an actual safety problem existed. A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. 322. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. * * * * *7. Some commenters pointed out that the American National Standards Institute (ANSI) had not adopted a detectable warnings standard, drawing the conclusion that this placed the viability of the current Federal standard in question. Others said that they did not want to spend substantial sums of money on detectable warnings until there was certainty about what design would best answer the concerns that have been raised. 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. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to You need to document why you needed the missing records, and why they Reasonably possible . A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. 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. 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. 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. 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. 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). Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. 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. (56 FR 45618). Again, I must emphasize he needs to be reasonably sure and NOT Nevertheless, the Department said that rail operators may have legitimate concerns about the installation of detectable warning materials as they retrofit key stations for accessibility. 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. Lifts meeting Access Board standards will have handrails. Share sensitive information only on official, secure websites. 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). The fourth change clarifies the responsibility of transit providers to make seat or wheelchair securement space available to people who need it: The fifth amendment would reflect a recent statutory change in the name of the Department's transit agency from the Urban Mass Transportation Administration (UMTA) to the Federal Transit Administration (FTA). The equivalent facilitation sections for vehicles and facilities are basically parallel. It is inappropriate under a nondiscrimination statute like the ADA, DREDF argued, to restrict the availability of a service to persons with disabilities based only on speculation or apprehension about possible risks. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 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. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. To permit a transportation provider to exclude a category of persons with disabilities from using a device that provides access to a vehicle on the basis of a perceived safety hazard, absent information in the rulemaking record that the hazard is real, would be inconsistent with the statute (c.f., the discussion of the transportation of three-wheeled mobility devices in the preamble to the Department's September 6, 1991, final ADA rule (56 FR 45617)). 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. All documents and other information concerning the request shall be available, upon request, to members of the public. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. 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. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. 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. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. If the technical standard changes at this or any future point, the Department could, in appropriate situations, apply the grandfathering provision in the Department's ADA rule (49 CFR 37.9) to avoid making rail operators re-install detectable warnings meeting the revised standard. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. 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. 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. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. 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. An official website of the United States government Here's how you know. (The study suggests that frequent cleaning is important.) The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. The warning strip must include a pattern of "truncated domes" (i.e., small raised rounded surfaces) as required by section 4.29 of appendix A. 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. They viewed the separate provision for private entities (such as manufacturers) as being a less stringent standard, which would allow manufacturers to circumvent the standards in the rule. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. 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. 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]. What If I Want Interpreting Services Or Other Ongoing Supports? (j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location. The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. 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. 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. Other comments addressed a variety of concerns. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). Seventeen commenters supported restricting the access of standees to lifts. Section 37.51(c)(1) is revised to read as follows:@ 37.51 -- Key stations in commuter rail systems. Current products (including some developed. The Department encourages rail operators to install detectable warnings before the required date. The petition requested that the detectable warnings standard be suspended, pending further research. There is no time to make a nationwide search or advertise in trade publications, and no point in seeking cars from distant commuter authorities (which may not meet dimensional requirements for Northeast Corridor service and which would take too long to arrive). 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). 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. Consistent with requirements of the ADA discussed above, persons who use canes or walkers and other standees with disabilities who cannot readily climb steps into a vehicle must be permitted to use lifts. It is a way of encouraging innovation and the application of newer technologies. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). INTRODUCTION. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. 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. We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. 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 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.) The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." One of these commenters simply said that the current rule should be left in place, without change. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. One commenter suggested that the postponement apply here, as well. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG That's where the DRC can offer their expertise. The uniformity considerations mentioned by commenters will be taken into account in this process. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. Documentation Requirements. 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. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . 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. This can happen in one of two ways. 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. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. * * * * *, 8. Doing so will increase the likelihood that, when installed, detectable warnings do their intended job well without creating unnecessary problems for either passengers or transit providers. 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 transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. United States, Phone: 888-446-4511 The The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." The proposal received support from both disability community commenters (12) and state or local transportation agencies (10), with the remainder of comments (4) coming from state or local agencies working on disability matters. Several manufacturers of detectable warning surfaces requested clarification. W56-403 10. If passengers expect detectable warning materials to be on the edge of the entire platform, and several feet of material is missing because the adhesive has failed, someone could fall off the platform because the expected warning was absent. 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. PAGE 958 FR 63092, *63095standard for detectable warnings may be indicated, the Department is free to propose changes, which can exceed the minimum requirements of the Access Board guidelines. 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. Their focus was on what could happen. Days. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. In none of these cases did the platform edge have a detectable warning. This was due, in part, to the absence of a diagram illustrating the required pattern. Arizona Revised Statutes (ARS) 13-1803 Among other comments on this subject, one of the rail operators mentioned above thought that the postponement should apply to new and altered platforms as well as those being retrofitted. 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. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. Nine of these were state or local transportation agencies, four were disability community commenters, and one was a state or local agency working on disability matters. Last fall, the Access Board proposed amending its guidelines for ATMs. The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. The second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h To the extent that installation of detectable warnings involves an extraordinarily expensive structural change to a particular station, the rail operator could use the cost of the installation as part of its rationale for requesting an extension of time to make the key station accessible. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. 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