statement regarding inability to obtain reasonable transportationstatement regarding inability to obtain reasonable transportation

The Department believes that, given the safety-related reasons for a detectable warning requirement documented in the rulemaking record, deleting the requirement postponing it indefinitely, or postponing it for a lengthy period (e.g., five years) would be inadvisable. that continued to exist even if the lift had a handrail. 57 0 obj <>stream Virtually all commenters supported the proposal, agreeing with the rationale articulated above. The study affirms the excellent detectability of materials meeting Federal standards. The FTA never intended its letters to be used as product endorsements or certifications of compliance. Many of these letters appeared to be generated by a. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h For safety and liability reasons, they would prefer not to carry standees on such lifts. The Department encourages rail operators to install detectable warnings before the required date. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. 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. Remote . 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)). The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." The One commenter suggested that the postponement apply here, as well. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. Fourteen commenters supported the NPRM provision as drafted. WebTo request reasonable accommodations: Look at the vacancy announcement Work directly with person arranging the interviews Contact the agency Selective Placement Program Coordinator Contact the hiring manager and engage in an interactive process to clarify what the person needs and identify reasonable accommodations The study also noted ongoing efforts at improving detectable warning materials. 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. 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. EFFECTIVE DATE: This rule is effective December 30, 1993. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. 2. The uniformity considerations mentioned by commenters will be taken into account in this process. Inability to obtain reasonable lodging in Texas. Web(7) Eligibility. One disability community. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. We do not believe it is necessary to add language concerning the "one car per train" requirement. This will inform passengers that such a request may be made and that they should comply. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. The ability to gather this information is an additional reason for providing the extension. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. (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. 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. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. Seventeen commenters supported restricting the access of standees to lifts. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. 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. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. United States, Phone: 888-446-4511 Comments mentioned successful experiences with detectable warnings in some systems. Since the FTA issued these letters, the Access Board published Bulletin # 1 in May 1992, clarifying many of the ambiguities left by its original guidelines and containing a diagram illustrating the pattern prescribed for detectable warning surfaces. The information cited in the comment-which is consistent with the Department's information about this lift model-provides a reasonable basis for believing that its operation may be particularly hazardous to standees. 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. 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. 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. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of appendix A to this part with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in appendix A to this part; and(v) Documentation of the public participation used in developing an alternative method of compliance.PAGE 2558 FR 63092, *63102(3) In the case of a request by a public entity that provides transportation facilities (including an airport operator), or a request by an air carrier with respect to airport facilities, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. The Department said that these concerns do not apply with the same force to a new construction situation, where detectable warnings can be made an integral part of the platform design (e.g., through concrete stamping or other methods not involving retrofit). Connection Between Medical Disability and Educational Requirements. * * * * *(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. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. 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). Transit providers have asked the Department whether they have an obligation under the ADA to direct other passengers to move from designated priority seats or from fold-down seats over a wheelchair securement location when a passenger with a disability enters the vehicle. 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. An entity wishing to employ equivalent facilitation * * * shall submit a request to UMTA or FRA, as applicable, and include the following information: (list of five items of information). 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). 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 important to remember that the NPRM never raised the issue of whether detectable warnings should be installed on rail platform edges, only the issue of when installation should be completed. All it takes is a brief moment of fatigue, or distraction, or disorientation, in the complex and sometimes confusing environment of a rail station, and even a very experienced blind rail system user can make what, in context, is a fatal misstep. This language should parallel that of @ 38.95(d). The conclusion the Department draws from this study is that there are documented practical problems with the installation and maintenance of some detectable warning materials, which it is necessary for transit properties to address if their installation of detectable warnings is to be successful. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. Reasonably possible . As such, training is required, and adequate training time should be allowed. 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. Washington, DC 20590 The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. At the time the Access Board guidelines were published, the specifications for detectable warning surfaces were ambiguous, particularly concerning the pattern and design of the surfaces. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. 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 transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. The requirement will apply to newly acquired vehicles and to new or replacement signs in existing vehicles. DREDF also alluded to a DOT study which found that standees could use lifts successfully. 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.5. This can happen in one of two ways. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). statement regarding inability to obtain reasonable transportation (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. Reasonable accommodations create equal access and opportunities in the workplace so that people with disabilities can be productive team players whose unique perspectives promote the development of successful programs. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. 322. Rather, they went to the question of how best. PAGE 1958 FR 63092, *63099covered by FTA [*63100] regulations concerning priority seating-would not apply. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. 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. The Department sought comment on whether this change would improve safety significantly, what the effect would be on consumer access to vehicles, and any other measures that could mitigate any potential safety problems involved with the use of existing lifts while having less significant effects on access. PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. (4) In the case of a request by a private entity that provides transportation services subject to the provisions of subpart E of this part or a manufacturer, the private entity or manufacturer 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. Last fall, the Access Board proposed amending its guidelines for ATMs. All of these, in PTSB's view, present clear safety hazards to standees. 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. Hours. 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. 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. In the NPRM, the Department emphasized that its concerns were neither about the basic design of the [*63093] detectable warnings or their usefulness to people with vision impairments. 12101-12213); 49 U.S.C. Under the present rule, except where the Department has extended time for completion of modifications to a key station, rail operators had to make key stations accessible by July 26, 1993. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. 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. All documents and other information concerning the request shall be available, upon request, to members of the public. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. WebINABILITY TO OBTAIN. A substantial number of commenters opposed the Department's proposal, asserting that the detectable warnings requirement, as written, should go into effect without any postponement. WebReasonable accommodations also include any structural changes that may be necessary. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. (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. A disability, and adequate training time should be allowed opposition to warnings. 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Disabled passengers ( e.g., ambulatory vs. non-ambulatory ) should be allowed disabled passengers ( e.g. statement regarding inability to obtain reasonable transportation.

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