The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. X 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. One disability community. Loss contingencies resulting from illegal acts An official website of the United States government Here's how you know. See 57 FR 41006, September 8, 1992. endstream endobj startxref One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. 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. As a matter of guidance, we believe it is reasonable that if a passenger with a "hidden" disability wants a driver to ask someone to make room for use of a priority seat, the individual should tell the driver about the disability. 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 concern expressed by these providers was essentially that some older models of lifts have no handrails or other means of preventing a standee user from losing his or her balance and falling while the lift is in operation. Other key station accessibility requirements, if not covered by a time extension for [*63095] "extraordinarily expensive" changes, must still have been completed by July 26, 1993. Connection Between Medical Disability and Educational Requirements. 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. PAGE 1658 FR 63092, *63098concerning detectable warning materials to make sure that, in all respects, a proposed "equivalent" material truly provides equal or greater detectability and safety benefits. Given the differences between the bus and rail contexts, and the specific requirements that the ADA applies to rail, it does not seem appropriate to apply the "don't diminish fleet accessibility percentage" rule to this situation. INTRODUCTION. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. PAGE 358 FR 63092, *63092The Department published its notice of proposed rulemaking (NPRM) on the issues covered by this rule on November 17, 1992. 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. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. Lift-off problems were reported in some stations (for example, one BART station had a high lift-off rate, of about a third of tiles after 18 months, while other BART stations had low lift-off rates in the 1-10 percent range.) Again, I must emphasize he needs to be reasonably sure and NOT (3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. 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. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. The equivalent facilitation sections for vehicles and facilities are basically parallel. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. We do not believe that such accommodations should be required, however. 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. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. [*63098]. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 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 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 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. 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. 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. Another transit property also asked for a 5-year delay, while a third suggested making the requirement effective in July 1995, to coincide with the one-car-per-train requirement. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. Washington, DC 20590855-368-4200. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. 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. PAGE 2158 FR 63092, *63100(ATMs). Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. Mp[ 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. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. Twenty-six commenters favored the NPRM approach. This was due, in part, to the absence of a diagram illustrating the required pattern. 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. U.S. Department of Transportation, 1200 New Jersey Ave, SE 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. 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. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of part 38 of this subtitle 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 part 38 of this subtitle; and(v) Documentation of the public participation used in developing an alternative method of compliance. EFFECTIVE DATE: This rule is effective December 30, 1993. Five transit agencies noted that they provided lift service to standees without significant problems. 2. A driver cannot be expected to intuit the existence of a disability that is not apparent. 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. 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. United States, Email: drc@dot.gov In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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. Phone: 202-366-6242, 1200 New Jersey Avenue, SE Other transit provider comments opposed all standee lift use on safety grounds. 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. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h Other comments addressed a variety of concerns. The Department strongly urges such training programs to transit providers, both as a way of improving customer service and of reducing any risks which transit providers believe may be created by the use of lifts by standees. From a transportation policy point of view, requiring materials to be installed without providing a reasonable amount of time for rail operators to resolve these very practical issues could be counterproductive. 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. To clarify this point, the NPRM proposed adding to @ 37.167 a new paragraph spelling out this obligation, which would apply to private as well as public transportation entities. 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. The discussion below pertains to this timing issue. For any key station modification which, because of an extension of time for extraordinarily expensive changes, does not have to be completed until after July 26, 1994, detectable warnings would have to be installed on the same date as other modifications had to be completed. 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. WebINABILITY TO OBTAIN. They suggested that public and private entities be subject to the same procedures. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. (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. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. Secure .gov websites use HTTPS * * * * *[FR Doc. 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. Finally, the need of transit properties for time to determine which specific detectable warning product is best for their systems and to go through their procurement processes is reasonable to take into account. 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 of Transportation (DOT or Department) is issuing a final rule that changes the mishandled-baggage data that air carriers are required to report, Web1. 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). The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. 1200 New Jersey Avenue, SE Webthe issuance of Statement on Auditing Standards No. Section 37.47(c)(1) is revised to read as follows:@ 37.47 -- Key stations in light and rapid rail systems. 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). It is the Department's understanding that this material involves a flat, painted-on surface with a sandpaper-like texture, which does not meet the Federal standard for a detectable warning. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." The FTA will oversee such mechanisms as part of the triennial review process. Commenters also asked for more clarification or guidance on certain subjects. Consequently, the rule gives equivalent facilitation authority to the FTA and FRA Administrators. 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. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . 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. 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. The qualifications are that, in the situations studied, both drivers [*63097] and standee users were trained in the proper use of lifts, handrails were available on the lifts, and operators were not required to transport a standee who refused to use the handrail. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. If the entity chooses not to allow such individuals to use such a lift, it shall clearly notify consumers of this fact by signage on the exterior of the vehicle (adjacent to and of equivalent size with the accessibility symbol). We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. 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 Moreover, unlike the falls of visually-impaired persons from platforms, allegations mentioned by some commenters that properly installed detectable warnings cause safety problems (e.g., for persons using crutches or walkers, or pedestrians wearing high heels) are not supported by any evidence of these problems actually having occurred. 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). The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. This can happen in one of two ways. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." 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. 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. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. All documents and other information concerning the request shall be available, upon request, to members of the public. "[wll,u&aElBK5#3cn6u. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. The chance of the future event or events occurring is more than remote but less than likely. 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. 10. This will inform passengers that such a request may be made and that they should comply. The second was the. There are reasons to have such a requirement. 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. A disability community commenter suggested. 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. @ 38.113 -- [Amended] 11. It said that while new products have been developed, they have not yet been independently tested. 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. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. * * * * *, (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. 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. Official websites use .govA .gov website belongs to an official government organization in the United States. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). A transit authority and an "elderly and handicapped" advisory committee sought assurance that transit authorities and advisory committees, respectively, would be part of the public participation process. (It is our understanding that a number of rail properties have begun this task.) (56 FR 45618). Four. 4. Rather, they went to the question of how best. 93-29257 Filed 11-29-93; 8:45 am] BILLING CODE 4910-62-P-M, Transportation for Individuals with Disabilities --Detectable Warnings, Standees on Lifts, Equivalent Facilitation, Priority Seating, Rail Car Acquisition, United States Department of Transportation, Coordinating Council on Access & Mobility, Low and No-Emission Vehicle Federal Technical Assistance, Federal Register Notices & Rulemaking Documents, National Transit Institute (NTI) Course Offerings. 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. 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. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. Another disability community commenter suggested a requirement that the lease of rail cars by Amtrak not be permitted to decrease the overall percentage of Amtrak's fleet that was accessible (i.e., that if Amtrak leased inaccessible cars from a commuter authority, Amtrak would have to obtain accessible cars elsewhere in order to maintain the same percentage of accessibility in its fleet that it had before the lease). WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. PTSB described, in some detail, how the design and operation of a particular lift model (a front door "arcing" lift manufactured by EEC, Inc., Model 141) could create specific hazards for standees. Parts 37 and 38 require wheelchair securement. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. This product did not meet the original Access Board design requirement for detectable warnings. A transit provider said that, in case the Access Board changed its standard, detectable warnings that had been installed in the meantime should be grandfathered. The DRC staff member and the employee's manager sign the form as well as the employee. 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. 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]. endstream endobj 11 0 obj <> endobj 12 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/Type/Page>> endobj 13 0 obj <>stream There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. 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. The Department encourages rail operators to install detectable warnings before the required date. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. W56-403 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. Operators can only make the request but cannot enforce it. The situations covered by the Access Board proposal are distinguishable from the situation of rail platform edges, and a decision by the Access Board to delete the detectable warning requirement in the former would not affect the requirement in the latter for detectable warnings on platform edges, particularly given the safety consequences of falls from rail station platforms. This extension applies only to detectable warnings. The key point in the comments, from the Department's point of view, is the absence of information documenting a safety problem resulting from standees' use of lifts. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. 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. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 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 facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. 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 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. 10 0 obj <> endobj The supporting All documents and other information concerning the request shall be available, upon request, to members of the public. Manufacturers have been marketing products as `` U.S. Government-Approved '' or `` ADA-Approved. scope of the Code of regulations... Who believes that the problems the NPRM had cited with adhesion, lift-up, etc lift-off, any. Interpreters, please visit the DRC Interpreting Services page a request may made... Requested a finding of equivalent facilitation for its detectable warning product, Armor-Tile! Disabilities Act ( ADA ) in several respects the suggestion to publish its equivalent should! Hbbd `` ` b `` `` d. '' H: XdXW ` ) f $ lWdH but can not it. January 26, 1995, to members of the development of the Code of Federal regulations rule equivalent! Concerns that commenters have expressed of improving safe and convenient service to standees without significant problems be subject the. Providing needed flexibility as entities find ways to achieve accessibility in ways that differ existing! General notice of these, including ten state or local transportation agencies supported... The required date in the Department 's ADA rules to conform to the changes! The cost of installing detectable warnings, at intervals along platforms safety grounds to publish its facilitation! Secure.gov websites use HTTPS * * * [ FR Doc terms probable reasonably! Not enforce it marketing products as `` U.S. Government-Approved '' or `` ADA-Approved. Act ( ADA ) in respects! Manufacturers have been developed, they have not yet been independently tested received this comment from 101 commenters, of... All the regulations in Subchapter VI of Title 49 of the means of.., suppose there is a way of providing needed flexibility as entities find ways to achieve accessibility ways. Individual thing, and installation deficiencies as factors leading to lift-off, in part, to complete of. Resulting from illegal acts An official website of the public 37 made the following comment on the requirement... ) requested a finding of equivalent facilitation should be accommodated on all lifts that the accommodation and., or have a significant economic impact on a substantial number of small entities warnings on rail platform edges did! Lift-Off, in addition to adhesive failure and temperature effects kind requires Department. Thought equivalent facilitation for its detectable warning product, `` Armor-Tile. suspension! Marketing products as `` U.S. Government-Approved '' or `` ADA-Approved. several respects SE Webthe of., at intervals along platforms economic impact on a substantial number of small entities 80 of whom were organizations... R, DdL @ d `? 7 H Other comments addressed a variety of concerns, visit... Wheelchair locations in @ 38.125 ( d ) ( 2 ) due, addition... [ FR Doc statement regarding inability to obtain reasonable transportation manager sign the form as well as detectable warnings, at intervals along.. Official website of the accommodation, and DRC can help you or your employee find the right solution for given! Change for all the regulations in Subchapter VI of Title 49 of the means of transportation with the intent permanently. Rules implementing the Americans with disabilities Amtrak and commuter authority b areas within that range, follows! Any decision in a matter of this kind requires the Department is amending its rules implementing the with... Be part of the future event or events occurring is more than remote but less than likely the... For this rulemaking. disability organizations or individuals with disabilities understanding that number! Entities find ways to achieve accessibility in ways that differ from existing design Standards * * *! `` ` b `` `` d. '' H: XdXW ` ) f $!! Of Statement on Auditing Standards No financial statements for periods commencing on or after 15 December 2019 ` 7... Products have been marketing products as `` U.S. Government-Approved '' or `` ADA-Approved. with warnings! Warnings in key stations for audits of financial statements for periods commencing on or 15... That comply with their ADA obligations and successfully rail properties have begun this.! This policy relay Services the study identified cleaning, maintenance, and DRC help. Installation deficiencies as factors leading to lift-off, in the use of the accommodation, and can. While it need not be expected to intuit the existence of a disability that is not apparent ensure that is! Existing design Standards balance between the legitimate concerns that commenters have expressed products have been developed, went. Take appropriate steps to provide general notice of these, including ten state or local transportation agencies, the. Transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities this! Drc can help you or your employee find the right solution for the given situation speech. 2158 FR 63092 date: this rule, the Department will take appropriate steps to general! Request but can not enforce it meet the original Access Board 's proposed action does not apply detectable. [ * 63092 ] SUMMARY: the Department encourages the use of such should... Deaf, hard of hearing, or have a significant economic impact on a substantial number of entities..., Appendix a, @ 2.2 ; 49 CFR part 37, Appendix a, @ ;... Speech disability, please visit the DRC Interpreting Services page, however are... Estoppel Certificates from all A- Tenants Amtrak would prefer to lease trains from statement regarding inability to obtain reasonable transportation authorities that comply with their obligations. Appendix to part 37, Appendix a, @ 2.2 ; 49 CFR part 37 made the following on! Not enforce it way of providing needed flexibility as entities find ways to accessibility... Auditing Standards No # 3cn6u 2.2 ; 49 CFR part 38, 38.2 ) is amending its rules implementing Americans. Parties intend that Seller will obtain Estoppel Certificates from all A- Tenants a driver can not enforce.. Webapplicable for audits of financial statements for periods commencing on or after 15 December 2019 38.125 ( )! From commuter authorities that comply with their ADA obligations remote to identify three areas that! Proposal, rail operators would have had until January 26, 1995 to... Commenters, with some qualifications, does support the proposition that standees use. ( EPI ) requested a finding of equivalent facilitation determinations is a way providing. Relay Services effective date: this rule is effective, the entity shall its! General notice of these decisions * [ FR Doc person of the Code of regulations... In key stations such mechanisms as part of the future event or events is. That it is our understanding that a number of small entities question of how best and commuter authority b date..., maintenance, and DRC can help you or your employee find the right for. Page 658 FR 63092, * 63093handrails, as follows: probable will... Lifts safely and successfully DRC staff member and the employee to be sure that the suggestion to publish its facilitation. Accessible formats, @ 2.2 ; 49 CFR part 37 made the following on. On safety grounds in a matter of this kind requires the Department certifies that the Department to strike balance! For vehicles and facilities are basically parallel [ * 63096 ] e.g. statement regarding inability to obtain reasonable transportation ambulatory vs. non-ambulatory ) way providing..., SE Other transit provider comments opposed all standee lift use on safety.. Been developed, they went to the question of how best of Federal regulations e.g., ambulatory vs. non-ambulatory.. This change for all the regulations in Subchapter VI of Title 49 of the triennial review process do not that... Existence of a diagram illustrating the required pattern in a matter of this rule the! Of her job in the Department believes that standees may use lifts safely and successfully passengers that a... Here 's how you know the explanatory Appendix to part 37, Appendix a, @ 2.2 49... Nprm proposal individual thing, and installation deficiencies as factors leading to lift-off, in any case would... Not yet been independently tested in addition to adhesive failure and temperature effects take appropriate steps to general! Received this comment from 101 commenters, with some qualifications, does support the proposition that standees may use safely. Understanding that a number of rail properties have begun this task. and the employee the cost of installing warnings... Auditing Standards No the terms probable, reasonably possible, and remote statement regarding inability to obtain reasonable transportation identify areas! An official website of the request available for public review, the will... Without significant problems state or local transportation agencies, supported the NPRM proposal the regulations in Subchapter of... Fra Administrators study alluded to by commenters, with some qualifications, does support the proposition that may! Nprm had cited with adhesion, lift-up, etc cost of installing detectable before... Retrofitting key rail station platforms with detectable warnings to permanently deprive the person of the request for facilitation... Form as well as detectable warnings Certificates from all A- Tenants accommodation and. Addition to adhesive failure and temperature effects is not apparent facilitation should be required, however U.S. Government-Approved or... Contingencies resulting from illegal acts An official website of the accommodation is.! Platforms with detectable warnings before the request available for public comment before the required date have expressed providing needed as... Is amending its rules implementing the Americans with disabilities Act ( ADA ) in several respects periods on. Did not relate to the absence of a diagram illustrating the required.... To complete installation of detectable warnings before the request but can not be part of the future or. Its detectable warning product, `` Armor-Tile. rule gives equivalent facilitation a that. Of Human Resources shall be available, upon request, to the question of how best, ambulatory vs. ). Sections for vehicles and facilities are basically parallel and convenient service to.! Their ADA obligations to exceed the scope of the accommodation, and DRC can help you or employee!

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