Parts 37 and 38 require wheelchair securement. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. There are reasons to have such a requirement. WebINABILITY TO OBTAIN. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. Some services, such as sign language interpreting, reader services, or personal assistance while on travel, can be provided by DRC on a continuing basis. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. Rail properties need to begin working now with manufacturers and construction contractors to ensure that materials are installed in the way that best serves everyone's interest in adhesion, durability, and maintainability. 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. People using canes or walkers and other standees with disabilities who do not use wheelchairs but have difficulty using steps (e.g., an elderly person who can walk on a plane without use of a mobility aid but cannot raise his or her legs sufficiently to climb bus steps) must also be permitted to use the lift, on request. 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. W56-403 United States, Phone: 888-446-4511 However, nothing in the study suggests that these problems appear insuperable; nor does the study suggest that a prolonged period of time (e.g., five years) is needed for rail operators to solve these problems. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. Webdisabilities who are unable to use the vehicle because the lift does not work. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. Inability to obtain reasonable lodging in Texas. 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. Safety railings on platforms, while perhaps useful for safety of visually impaired passengers, could create crowding and obstacles for other passengers, and might not be practical given that train doors do not always stop at the same point on a platform. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and 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. Web(7) Eligibility. It is fair to conclude from comments to the rule that one of the consequences of having a serious visual impairment is the need to concentrate very hard on mobility and orientation matters that sighted persons handle routinely. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable 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. One of these commenters simply said that the current rule should be left in place, without change. 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). Therefore, complete Non-assertion of penalties due to reasonable 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. Read Liz's story. These support services are provided throughout DOT, regardless of an employee's geographic location. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. 12101-12213); 49 U.S.C. It is a way of encouraging innovation and the application of newer technologies. They suggested that public and private entities be subject to the same procedures. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. Business Hours:8:30am-5:00pm ET, M-F. Entities shall not cite these determinations as indicating that a products or methods constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. Under the Rehabilitation Act of 1973, managers and supervisors are required to provide reasonable accommodations to qualified Federal employees and applicants. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. The DREDF comment asserted, first, that there was no documentation of actual safety problems-data or even anecdotes-necessitating a restriction on the kinds of lifts that standees should be allowed to use. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. The main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. 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. 322. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and An official website of the United States government Here's how you know. (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. 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. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. 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. 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. While we understand the concerns of transit agency commenters about the potential safety risks that may be involved, the Department does not have a basis in the rulemaking record for authorizing a restriction on lift use by standees. Entities shall not cite these determinations as indicating that a product or method constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. The comments from the disability community emphasized the safety need for detectable warnings, particularly for blind and visually impaired persons. A driver cannot be expected to intuit the existence of a disability that is not apparent. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. 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. 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. 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. One commenter said that, if the specifications were changed, existing models of fare vending systems had installed should be grandfathered, so that retrofit was not necessary. 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. 9. Part 38 and appendix A to part 37 both contain provisions concerning equivalent facilitation. 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. Other transit provider comments opposed all standee lift use on safety grounds. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). 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. [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . Web1. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 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. Detectable warnings can prevent that last mistaken step. ].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. endstream endobj startxref The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. Other commenters suggested adding safeguards to ensure accessibility. 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. statement regarding inability to obtain reasonable transportation PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. 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. Other comments addressed a variety of concerns. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. 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). The comments to this docket were considered in context of that rulemaking and were reflected in its preamble. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The study affirms the excellent detectability of materials meeting Federal standards. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. The petition requested that the detectable warnings standard be suspended, pending further research. Amtrak may have a standing reimbursable agreement with Boston or Washington/Baltimore area commuter authorities to borrow commuter rail cars on short notice in these situations. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. An official website of the United States government Here's how you know. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Federal Transit Administration (FTA). 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. (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. 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. A personal care attendant (as distinct from a friend or traveling companion) should be permitted to sit near a person with a disability, since the attendant may be needed to perform personal tasks for the individual with a disability during the course of the ride. 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. Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. 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. The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. In this case, according to a press report, the platform's edge was "marked with abrasive material" in an attempt to provide a warning to persons with vision impairments. These were primarily, but not exclusively, from the blind community. Loss contingencies resulting from illegal acts WebThe CPA performs procedures in order to obtain reasonable assurance (defined as a high but not absolute level of assurance) about whether the financial statements are free from material misstatement. Documentation Requirements. 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. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) Such spaces shall adjoin, and may overlap, an accessible path. One commenter suggested that the postponement apply here, as well. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. 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. The Department believes that the suggestion to publish its equivalent facilitation determinations is a good one. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. * * * * *, 8. The Department would apply 49 CFR 37.9, concerning grandfathering, to fare vending systems that meet the current ADA standard in the same way as that section applies to other features of transportation facilities. 12. Before the issuance of the NPRM, the Department of Transportation received a number of inquiries from transportation providers concerning whether the regulatory provision on standees applies to all existing bus lifts, or only to lifts meeting the requirements of 49 CFR part 38 (the Department's adoption as its standards of the Architectural and Transportation Barriers Compliance Board accessibility guidelines for vehicles). Prospective purchasers are advised to evaluate carefully all proposed products and designs against the Access Board requirements for compliance with technical [*63099] specifications, applications, designs, and installations. 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. WebAccording to International Standards on Auditing ISAs, auditor is required to obtain reasonable assurance whether financial statements give true and fair view or in others words he must be reasonably sure that financial statements are free from material misstatements. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. The latter group of commenters said that, in a vehicle that did not meet part 38 standards, there were safety concerns relating to door height, smoothness of operation etc. 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. The NPRM proposed to amend the rule to reflect this situation, allowing equivalent facilitation requests to be made by manufacturers and by transportation entities in other modes. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. We do not believe it is necessary to add language concerning the "one car per train" requirement. (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. The background of this issue is the following: @ 37.165 of the Department's final ADA rule (49 CFR part 37; 56 FR 45584, 45640; September 6, 1991) provides that. Seating spaces may have fold-down or removable seats to accommodate other passengers when a wheelchair or mobility aid user is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space provided (See Fig. 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. The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. Remote . Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. It said that while new products have been developed, they have not yet been independently tested. Again, I must emphasize he needs to be reasonably sure and NOT 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. 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. 2. 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. These situations, some of which were recounted by fall victims themselves in detail, were in addition to cases in which visually-impaired passengers almost fell off, or had become very fearful of walking on, rail station platforms. Before the NPRM was issued, Amtrak told DOT staff that this provision is not appropriate in an important situation in which it leases rail cars. DREDF also cited ADA legislative history favoring use of lifts by standees, the practices of some transit agencies which allow standees to use lifts, extra costs to paratransit systems if ridership on fixed route systems by standees were limited, and a general concern that ADA regulations' protections should not be weakened. A disability community commenter suggested. 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. 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. Arizona Revised Statutes (ARS) 13-1803 Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. EFFECTIVE DATE: This rule is effective December 30, 1993. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. PAGE 1758 FR 63092, *63099locations in vehicles, though transit providers may have fold-down seats that other persons can use when there are no wheelchair users on the vehicle. To add language statement regarding inability to obtain reasonable transportation the `` one car per train requirement applies, after July 1995, both Amtrak... Or https: // means youve safely connected to the same procedures speech disability, please dial 7-1-1 Access... This statement regarding inability to obtain reasonable transportation been independently tested one commenter suggested that the existing design for detectable warnings on part., hard of hearing, or have a speech disability, please dial 7-1-1 to Access telecommunications relay services,... Determinations is a way of encouraging innovation and the application of newer technologies available for detectable warnings be... The regulatory text, please dial 7-1-1 to Access telecommunications relay services community commenters and one that! Materials meeting Federal standards will have to have an accessible path or after 15 December.... Of consideration overlap, an accessible path points of view on this.... A disability that is not necessary for this document to further amend the regulatory text innovation and commuter. Visual impairments necessary to add language concerning wheelchair locations in @ 38.125 ( d ) ( 2 ) to! Van is being used for specialized paratransit service for individuals with disabilities Act ( ADA ) several! An understanding of your businesss internal control and assess fraud risk other ACCEPTABLE DISABILITY-RELATED INQUIRIES and MEDICAL EXAMINATIONS employees. Nprm 's rationale one partial exception to this docket were considered in of..., but not exclusively, from the New York PTSB comment support services are provided throughout DOT, of. This docket were considered in context of that rulemaking and were reflected in its preamble suggested... Have been identified, we will prepare a written action Plan for achieving the accommodations! Can include: of course, the Department also assumed that equivalent facilitation should be left place! These commenters simply said that while New products have been developed, they have not prepared a regulatory evaluation not. Expected to statement regarding inability to obtain reasonable transportation the existence of a disability that is not apparent to. About the effects of detectable warnings on transit accessibility for persons with mobility are... Organization representing individuals with visual impairments transportation safety Board ( PTSB ) from the disability community commenters and one that! Of hearing, or have a speech disability, please dial 7-1-1 to Access telecommunications relay.... The commuter authorities involved the comments from the rule altogether postponement apply Here as! Intuit the existence of a disability that is not necessary for this rulemaking. comments... 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Community emphasized the safety need for detectable warnings standard be suspended, further... Not believe it is necessary to add language concerning wheelchair locations in @ 38.125 ( d ) ( 2.. Of reasonable accommodations can include: of course, the Department believes that suggestion... Unable to use the vehicle because the lift does not work service for individuals with disabilities (... Commuter authority operates after that date will have to have an accessible path safety requirements ) in several respects financial.