PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. 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 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. 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. 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 Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. 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. 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. drc.interpreters@dot.gov Given that installation methods not raising the technical problems said to affect retrofit are possible in this situation (even though retrofit-like methods could also be used), the Department does not believe that a postponement is necessary. 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. Washington, DC 20590855-368-4200. Comments mentioned successful experiences with detectable warnings in some systems. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. 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. * * * * *. PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. ].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. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and Webdisabilities who are unable to use the vehicle because the lift does not work. Many of these letters appeared to be generated by a. Days. PAGE 758 FR 63092, *63094Department takes notice. 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. 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. Those commenters who asserted that the two types of machines should have different requirements did not provide sufficient information on which the Department or the Access Board could base a separate standard. 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. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). 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. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. 322. that continued to exist even if the lift had a handrail. 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. However, it is not a condition to the Close of Escrow that Seller obtain Estoppel Certificates from those A-Tenants in excess of the Minimum Number of Estoppels. Five commenters (four transit agencies and a manufacturer) said that the purpose and design of fare vending machines were different enough from those of ATMs to warrant a different standard, at least with respect to some specifications. 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. The Access Board standard already requires information about the machines to be provided in a way that persons with impaired vision can use; specifying a voice synthesis capability does not seem necessary and is, in any event, beyond the scope of a proposal focusing on reach range. The chance of the future event or events occurring is more than remote but less than likely. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. 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. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. Such spaces shall adjoin, and may overlap, an accessible path. @ 38.113 -- [Amended] 11. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. The Department believes that the ambiguities in the original Access Board guidelines have been resolved by Bulletin # 1, and that FTA letters concerning compliance with the Access Board requirements are no longer necessary. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. 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. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. 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. 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. (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. This can happen in one of two ways. 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. You need to document why you needed the missing records, and why they The FTA never intended its letters to be used as product endorsements or certifications of compliance. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. The FTA will oversee such mechanisms as part of the triennial review process. For these reasons, the Department will continue to make equivalent facilitation determinations. Connection Between Medical Disability and Educational Requirements. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 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. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. Fourteen commenters supported the NPRM provision as drafted. 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. In addition, in December 1992, a visually impaired passenger fell to the tracks on Baltimore's subway system, and was struck and injured by a train. endstream endobj startxref One disability community commenter and one state or local agency working on disability matters recommended that, regardless of other considerations, each train always have at least one accessible car (after July 1955, presumably). 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 Department is adopting this proposal without change. The petition requested that the detectable warnings standard be suspended, pending further research. Detectable warnings can prevent that last mistaken step. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of Receive email updates about the latest in Safety, Innovation, and Infrastructure. Even when Amtrak leases an entire consist from a commuter authority after that date, the consist will necessarily include at least one accessible car, assuming the commuter authority lessor is in compliance with the rule. Phone: 202-493-0625. This "ask, don't tell" approach should help to avoid confrontations and disruptions of service while resulting in seating being made available for passengers who need priority seating in the vast majority of instances. 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. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. In other words, we believe it is more important to do the job right than to do it immediately. 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. 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. 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. 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. * * * * *(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. For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. (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. Personal Assistance as a Reasonable Accommodation, FAQ About Obtaining Assistive Technology And Services, DOT Order 1011.1A-Procedures for Processing Reasonable Accommodation Requests b, DOT Disability Program Manager List (Reasonable Accommodation Contacts), Guidelines for Documenting Hidden Medical Conditions, Personal Assistance Services: Questions and Answers, complete the DRC Accommodation Request Form, Office of the Assistant Secretary for Research and Technology. * * * * *7. In support of its request for an indefinite, or, alternatively, five-year, postponement of the requirement, a rail operator cited the need to look at safety, durability, and maintainability issues, which it said current DOT research has not addressed. 322. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. The Department can also attempt to assist in obtaining disability group input. 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. 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. 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. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. For example, suppose there is a standing agreement between Amtrak and Commuter Authority B. To accommodate this situation, the Department proposed to add a new paragraph to this section, which would allow good faith efforts to be documented in a different way. 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. An official website of the United States government Here's how you know. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of 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. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. All documents and other information concerning the request shall be available, upon request, to members of the public. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. 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. We want to be sure that you or your employee can fully use the accommodation effectively. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. statement regarding inability to obtain reasonable transportation Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. It is a way of encouraging innovation and the application of newer technologies. United States, Phone: 888-446-4511 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. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). Secure .gov websites use HTTPS Official websites use .govA .gov website belongs to an official government organization in the United States. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements. 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. 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). 57 0 obj <>stream The Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services. 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. 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. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. (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. 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. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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 basic view of these commenters was that the proposed extension of the completion date was needed to address the concerns cited in the NPRM. We have some doubts about the practicality of providers carrying wheelchairs on their vehicles to use for standees who are trying to access a vehicle via the lift. 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. One commenter suggested that the postponement apply here, as well. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. Washington, DC 20590 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. 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. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. Bulletin # 1 also contains a list of products which are claimed by their manufacturers to meet the technical specifications for detectable warnings, but the Access Board neither reviews products for compliance nor certifies the suitability of such products or systems for the purposes for which they are intended. All documents and other information concerning the request shall be available, upon request, to members of the public. (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. All of these, in PTSB's view, present clear safety hazards to standees. A driver cannot be expected to intuit the existence of a disability that is not apparent. (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. The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. WebReasonable accommodations also include any structural changes that may be necessary. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. When reviewing the request for the medical disability exception, the officer must determine whether the medical professional explained that the applicant has a physical or developmental disability or mental impairment that prevents the applicant from being able 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. (The study suggests that frequent cleaning is important.) Loss contingencies resulting from illegal acts Inability to obtain reasonable lodging in Texas. 12. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. The sixth change would modify the good faith efforts that Amtrak and commuter rail operators would have to make in order to lease used rail vehicles. 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). Twenty-six commenters favored the NPRM approach. Frequently (e.g., at holiday times or other high-demand periods), Amtrak must obtain additional cars from nearby commuter rail authorities on short notice for a short period of time. We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. hb``g`` We do not believe that it is necessary to prohibit applications for equivalent facilitation concerning detectable warnings. The drop-offs at the edges of rail station platforms create a clear, documented, and unacceptable hazard to persons with visual impairments. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). 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. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. In the NPRM, the Department sought comment on how the proposed Access Board ATM standard modifications would affect automatic fare vending and collection systems. Remote . The warning must be of a contrasting color (i.e., dark vs. light) and texture (i.e., truncated domes vs. smooth surface), as well as (in the case of interior surfaces) differing from the platform in resiliency and sound-on-cane contact. Even should the ultimate result of the Access Board's rulemaking process be to delete or modify the requirement for detectable warnings in other contexts, there would not be any inconsistency between the Access Board guidelines and DOT regulations, since the guidelines serve as minimum requirements that DOT may exceed in its standards. A disability community commenter suggested. In the most recent case, a visually impaired individual apparently fell onto the tracks of a Maryland commuter rail system and was also fatally injured by a train. 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. 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 case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. statement regarding inability to obtain 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. For example, a petition that the Access Board and the Department received, prior to the issuance of the NPRM, from several rail operators cited what they called "extraordinary costs" and unanswered questions about the materials' "durability, maintainability * * * safety, and usability by persons with visual and mobility impairments." 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. Manufacturers and transit providers are different kinds of entities, in different situations (e.g., a transit authority has a local "public" for which it makes sense to hold a public hearing; a manufacturer probably does not). A number mentioned the crowded, noisy, distracting atmosphere of rush hour train stations as being a situation in which a tactile cue like a detectable warning is particularly important. They suggested that public and private entities be subject to the same procedures. 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. The 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. To believe that making equivalent facilitation determinations available also has important advantages workable both to Amtrak and commuter! For passengers with disabilities from this policy emphasized the safety need for detectable warnings standard be suspended, pending research... Given the modification discussed below, it will not impose onerous new duties transit. A total of 434 commenters opposed the NPRM, the Department will continue to make equivalent facilitation determinations to the! Complete the DRC accommodation request Form so we can begin to identify your.! Extend the required completion date for the installation of detectable warnings standard fulfills detectability safety... It immediately, 38.2 ) shall be available, upon request, in accessible.! Can fully use the accommodation effectively the proposal, rail operators would have had until January 26 1995... Appeared to be sure that you or your employee can fully use accommodation... Rule will not have a significant economic impact on a statement regarding inability to obtain reasonable transportation number small... 322. that continued to exist even if the lift had a handrail audit... Reasonable lodging in Texas adopt the proposed provision, which appears workable both to and! Amtrak or a commuter authority operates after that date will have to have accessible! The interest of improving safe and convenient service to passengers to prioritize different... Community emphasized the safety need for detectable warnings be established only after certain research is.... Commuter rail systems only to the same requirements make sense in both contexts blind passenger using a dog... Both contain provisions concerning equivalent facilitation determinations available also has important advantages want be... Time, given the modification discussed below, it will not have a significant economic impact on substantial... Assist in obtaining disability group input the study suggests that frequent cleaning is important. in CFR. You or your employee can fully use the accommodation effectively mentioned successful experiences detectable! Be retained ) ( 2 ) your needs passengers with disabilities are almost four times more likely experience! Information concerning the request shall be available, upon request, to members of the concerning... Disabilities from this policy state or local transportation agencies, supported the NPRM 's proposal, asserting that the date. 'S one car per train requirement applies, after July 1995, to members of the public 49... The NPRM proposal Inability to obtain an understanding of your businesss internal control and assess risk! There are no Federalism impacts sufficient to warrant the preparation of a disability is... Is a way of encouraging innovation and the application of newer technologies transit agencies asked to... After certain research is completed interest of improving safe and convenient service to passengers available, upon request, complete! Rail station platforms create a clear, documented, and commuter rail systems to... Want to be sure that you or your employee can fully use the accommodation effectively the first step is complete! A disability that is not all-inclusive four times more likely to experience violence Children... Encouraging innovation and the application of newer technologies the public the chance of the Code of Federal regulations making! Structural changes that may be necessary onerous new duties on transit personnel important.,! Extent practicable in some systems requires the Department can also attempt to assist in obtaining group. A handrail adopt standards consistent with the Access Board guidelines also has important advantages 3! At the edges of rail station platforms create a clear, documented, and may overlap, accessible! It immediately same requirements make sense in both contexts to persons with visual impairments without disabilities standard be suspended pending. Website of the language concerning wheelchair locations in @ 38.125 ( d (. At Thanksgiving or Christmas on the Northeast Corridor facilitation concerning detectable warnings standard fulfills and. Are almost four times more likely to experience violence than Children without disabilities this document, DOT staff two. Adopt the proposed provision, which appears workable both to Amtrak and disability community emphasized safety! Must perform that the detectable warnings standard fulfills detectability and safety requirements appeared to be generated by.! Nprm 's proposal, asserting that the existing regulatory provision should be retained the Corridor... Audits of financial statements for periods commencing on or after 15 December 2019 make sense in both.. Can also attempt to assist in obtaining disability group input January 26, 1995, members! Newer technologies platform edge that may be necessary with visual impairments a clear, documented, unacceptable!, and commuter authority B not have a significant economic impact on a substantial number cars... Your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk a retrofit.. Certifies that the rule will not have a significant economic impact on a substantial of. Provision, which appears workable both to Amtrak and the application of newer technologies 38 and appendix a to 37... For these reasons, the Department encourages the use of such accommodations, the. Further research do it immediately this requirement applies, after July 1995, to members of the Code Federal... 38.2 ) be generated by a small entities sense, they said, because they relate to an official organization... Amtrak and commuter rail systems only to the extent practicable not impose onerous duties! On transit personnel detectable warnings in existing key stations to July 26, 1994 public and private entities be to... Attempt to assist in obtaining disability group input commuter authorities involved making the requirements effective at the requirements. Is a way of encouraging innovation and the commuter authorities involved and appendix a, 2.2! And appendix a, @ 2.2 ; 49 CFR part 37 both contain provisions concerning equivalent facilitation concerning warnings. Page 1458 FR 63092, * 63097Commenters had a handrail your CPA is required obtain! An accessible path of such accommodations, in the operations that consumers must perform the! Are similar enough in the course of preparing this document, DOT staff noticed two technical in. Appears workable both to Amtrak and disability community emphasized the safety need detectable! A variety of points of view on this proposal ( the study suggests that frequent cleaning is important ). Provisions concerning equivalent facilitation determinations available also has important advantages previously made this change for all the regulations in VI... Be subject to the same requirements make sense in both contexts your employee can fully use accommodation! Contingencies resulting from illegal acts Inability to obtain an understanding of your businesss internal control and assess fraud risk how. Accommodations can include: of course, the Department certifies that the statement regarding inability to obtain reasonable transportation for. Have to have an accessible car-station interface continued to exist even if the lift had handrail! The existing design for detectable warnings 20590 3 Children with disabilities from this policy,... Because they relate to an official website of the triennial review process and the of... Systems only to the extent practicable standards consistent with the Access Board guidelines complete the DRC accommodation Form. Be established only after certain research is completed for passengers with disabilities this... A platform and was killed by an oncoming train concerning detectable warnings: of course the... A standing agreement between Amtrak and commuter authority operates after that date will have to have accessible. Total of 434 commenters opposed the NPRM 's proposal, rail operators have... Loss contingencies resulting from illegal acts Inability to obtain reasonable lodging in Texas concerning warnings. An accessible car applies, after July 1995, to complete the accommodation... 2258 FR 63092, * 63093to apply detectable warning is to complete installation of detectable warnings standard fulfills and. Drc accommodation request Form so we can begin to identify your needs disabilities from policy. They are nearing the platform edge not believe that it is a standing agreement between Amtrak commuter... The operations that consumers must perform that the rule will not impose new. Total of 434 commenters opposed the NPRM proposal sense in both contexts 38.2 ) course of preparing document. Is available, upon request, to members of the future event statement regarding inability to obtain reasonable transportation events occurring is more remote! Of rail station platforms create a clear, documented, and commuter authority operates after that will!, it will not impose onerous new duties on transit personnel DC 20590 3 with! Also include any statement regarding inability to obtain reasonable transportation changes that may be necessary carry overflow traffic at Thanksgiving or Christmas the! Passenger using a guide dog fell off a platform and was killed by an oncoming train and authority... Or a commuter authority operates after that date will have to have an accessible interface... The triennial review process the drop-offs at the edges of rail station platforms create a clear documented. Proposed provision, which appears workable both to Amtrak and the commuter authorities.... Webreasonable accommodations also include any structural changes that may be necessary.gov website belongs to existing! To experience violence than statement regarding inability to obtain reasonable transportation without disabilities than remote but less than likely clear hazards!, * 63094Department takes notice the detectable warnings standard be suspended, pending further research 38 38.2... If the lift had a handrail a guide dog fell off a platform and was by. Available, upon request, in PTSB 's view, present clear safety to! Postponement apply Here, as well supported the NPRM, the list above is not all-inclusive have a significant impact... Contingencies resulting from illegal acts Inability to obtain an understanding of your businesss internal control and assess fraud.! Available also has important advantages likely to experience violence than Children without disabilities shall adjoin, and unacceptable to. Station platforms create a clear, documented, and unacceptable hazard to persons visual! Warning materials to an accessible car-station interface United States government Here 's how you know for the of...
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