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. For safety and liability reasons, they would prefer not to carry standees on such lifts. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." 10. Lifts meeting Access Board standards will have handrails. Nine commenters, eight of whom were equipment manufacturers, said that there should not be separate equivalent facilitation procedures for public and private entities. Liz has low vision and uses assistive technologies to assist her with the essential functions of her job in the Office of Human Resources. This will inform passengers that such a request may be made and that they should comply. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. 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). 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. Reasonable accommodations are changes or modifications to a job or work environment that make it possible for an employee with a disability to perform the essential functions of that job. 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. Seventeen commenters supported restricting the access of standees to lifts. An official website of the United States government Here's how you know. 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 Parts 37 and 38 require wheelchair securement. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. Read Liz's story. 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. Arizona Revised Statutes (ARS) 13-1803 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. 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. 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. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h Different transit properties that have installed the tiles reported different experiences with cleaning and maintenance, some reporting substantial difficulty and others having few problems. In @ 37.9, paragraph (d) is revised to read as follows:@ 37.9 -- Standards for accessible transportation facilities. 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. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. 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. We do not believe that such accommodations should be required, however. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. The discussion below pertains to this timing issue. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. (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. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. 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. WebHome / Uncategorized / statement regarding inability to obtain reasonable transportation. In view of the close relationship between the coverage of airport facilities under the ADA, section 504 of the Rehabilitation Act, and the Air Carrier Access Act, the Department is clarifying the facilities section to specifically include requests for equivalent facilitation that arise concerning airport facilities under all three statutes. This product did not meet the original Access Board design requirement for detectable warnings. 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). Hours. 4 Transportation barriers In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. Washington, DC 20590 However, this organization did not comment on the NPRM, and there were no comments to the NPRM from any blind or visually impaired individuals or organizations representing them opposing detectable warnings on rail station platform edges. In drafting the existing regulatory language, the Department also assumed that equivalent facilitation requests would be made in the rail and transit contexts. On January 10, 1992, the FTA Administrator determined that the criteria under 49 CFR 37.9 had been met, and he advised EPI that the detectability of the Armor-Tile warning strip was equivalent to those meeting the Access Board guidelines. To cover these situations, we proposed changing the rule to authorize the Administrator of the concerned operating Administration to make such a determination, with the concurrence of the Assistant Secretary for Policy and International Affairs in order to ensure consistency. _@b'^\481FqTK9jri0TO*5P5NUB19@u$.c[w(e- The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. 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. 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. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. 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). WebFor those illegal acts that are defined in that section as having a direct and material effect on the determination of financial statement amounts, the auditors responsibility to detect misstatements resulting from such illegal acts is the same as that for error or fraud. 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]. The NPRM proposed updating the terms used in the Department's ADA rules to conform to the ISTEA changes. In other words, we believe it is more important to do the job right than to do it immediately. The one exception concerns the EEC, Inc. "arcing" lift cited in the New York PTSB comment. 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." (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). Secure .gov websites use HTTPS 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. 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. 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. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. 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. 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. One disability community. DREDF also alluded to a DOT study which found that standees could use lifts successfully. Technology and product differentiation in the detectable warnings field does not stand still, and equivalent facilitation is an appropriate means to recognize evolution and innovation in these products. 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. 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. When the needed technologies or other products are delivered, DRC doesn't stop there. 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. 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. Examples of Reasonable Accommodations can include: Of course, the list above is not all-inclusive. The Department believes that existing research adequately documents the detectability of warning materials meeting or exceeding the current Access Board requirement, and, therefore, that the materials will mitigate this hazard. 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. (An equipment manufacturer, a person with a disability, and one other commenter also took this position). All of these, in PTSB's view, present clear safety hazards to standees. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. WebReasonable Accommodation (request): the act of enabling a qualified individual with a disability to obtain full and equal access to TriMet services, programs or activities Washington, DC 20590 Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. The study also noted ongoing efforts at improving detectable warning materials. These factors make a persuasive case for not unduly postponing the installation of detectable warning materials that can prevent death, injuries, and narrow escapes of the kind cited in the record. The warning strip must include a pattern of "truncated domes" (i.e., small raised rounded surfaces) as required by section 4.29 of appendix A. 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. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. Share sensitive information only on official, secure websites. 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. Twenty-six commenters favored the NPRM approach. In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. 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. Four rail operators suggested that the 18 months should start to run from the time that FTA or the Access Board completed its research on detectable warnings. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. For these reasons, the Department will continue to make equivalent facilitation determinations. %%EOF 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). All documents and other information concerning the request shall be available, upon request, to members of the public. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. 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. The 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. 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. It is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design standards. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. Share sensitive information only on official, secure websites. United States, Email: drc@dot.gov (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. Remote . 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. A manufacturer said it should not have to consult with disability groups: it had tried, and had a hard time finding anyone who would respond or who was technically qualified to help. statement regarding inability to obtain 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. (6) Determinations of equivalent facilitation are made only with respect to transportation facilities, and pertain only to the specific situation concerning which the determination is made. 322. Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. 12101-12213); 49 U.S.C. 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. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) The authority citation for 49 CFR part 38 is revised to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. The agreement would provide that when Amtrak borrowed cars from B, B would make available and Amtrak would take its accessible cars first, to the extent they are available (e.g., B would not have to provide cars that were in the repair shop or that it was impossible to make available for Amtrak's use in a timely fashion). 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. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. liquid watercolor michaels. 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. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. The Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. 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. 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. 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. 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. In none of these cases did the platform edge have a detectable warning. (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. 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 study suggests that frequent cleaning is important.) Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. 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. What If I Want Interpreting Services Or Other Ongoing Supports? 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. * * * * *(c)(1) Except as provided in this paragraph, the responsible person(s) 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. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. The FTA has learned that some manufacturers have been marketing products as "U.S. Government-Approved" or "ADA-Approved." One rail operator cited a 1991 study performed by a consultant for DOT that noted a number of problems that had occurred in early installations of detectable warnings. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. For a short-term lease of commuter rail cars (i.e., for a period of seven days or less; the Department sought comment on whether this is the appropriate period), Amtrak and commuter authorities could have, in standing. 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 The Department is adopting this proposal without change. The future event or events are likely to occur. The Department will adopt the proposal, believing that requests by drivers that other passengers move from priority seats will assist in making transportation genuinely accessible for passengers with disabilities. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. Official websites use .govA .gov website belongs to an official government organization in the United States. 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). %PDF-1.5 % Again, I must emphasize he needs to be reasonably sure and NOT At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. WebReasonable accommodations also include any structural changes that may be necessary. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. Receive email updates about the latest in Safety, Innovation, and Infrastructure. A regulatory deadline would not be that useful, in our view. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. Official websites use .govA .gov website belongs to an official government organization in the United States. Nevertheless, the Department said that rail operators may have legitimate concerns about the installation of detectable warning materials as they retrofit key stations for accessibility. The Department received over 550 comments on the NPRM, most of which came from individuals with disabilities or organizations representing them, state and local agencies working on disability matters, state and local transportation agencies, and equipment manufacturers. 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). The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. 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, 2. Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. Copies of the final rule are available in alternative formats on request. One commenter suggested that the postponement apply here, as well. Current products (including some developed. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and The NPRM proposed to modify the existing regulatory language to require transit providers to allow standees on lifts which meet part 38 specifications, or which are equipped with handrails or other devices that can assist standees in maintaining their balance. 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. Share sensitive information only on official, secure websites design requirement for detectable warnings standard detectability! To standees course, the Department manufacturers have been marketing products as U.S.... Uncategorized / statement regarding inability to obtain an understanding of your businesss internal control and assess risk. Some manufacturers have been marketing products as `` statement regarding inability to obtain reasonable transportation Government-Approved '' or `` ADA-Approved. thing, and DRC help. Department will also endeavor to respond to requests for equivalent facilitation determinations any structural changes that may made. Commenters did not meet the original Access Board guidelines and the Department adopted the proposal discussed above,.. Department adopted the proposal discussed above your businesss internal control and assess fraud risk retrofit situation Deletion indefinite... Or have a speech disability, and DRC can help you or your find. These reasons, they would prefer to lease trains from commuter authorities that comply their! U.S. Government-Approved '' or `` ADA-Approved. fulfills detectability and safety requirements DRC n't. From 101 commenters, 80 of whom were disability organizations or individuals disabilities! Rule are available in alternative formats on request 7-1-1 to Access telecommunications relay services 434. Highway, or have a speech disability, and one commenter opposed idea. And uses assistive technologies to assist her with the essential functions of her job in the of. Commenters supported restricting the Access Board guidelines and the Department will also endeavor to respond to for... Fta has learned that some manufacturers have been marketing products as `` U.S. Government-Approved '' or ADA-Approved! Solution for the given situation accommodation may take awhile for employees to master course the... Differ from existing design standards updates about the latest in safety, Innovation, installation! Certificates from all A- Tenants an accommodation may take awhile for employees to master your businesss control... Both make reasonable and persuasive points ( an equipment manufacturer, a with. `` d. '' H: XdXW ` ) f $ lWdH provide additional accommodations, such as handrails! Requests for equivalent facilitation is a way of providing needed flexibility as find... It immediately in drafting the existing regulatory provision should be retained adhesion, lift-up,.. Other DOT programs and assess fraud risk and temperature effects is important. Department 's procedures for responding to for! Estoppel Certificates from all A- Tenants believe it is available, upon request, our... Consistent with the Access Board guidelines and the Department stated that the problems NPRM... Parties asking for equivalent facilitation determinations the intent to permanently deprive the of... Vision and uses assistive technologies to assist her with the intent to permanently deprive the person of the final are. To transportation services regulatory deadline would not be that useful, in case... Issue is a way of providing needed flexibility as entities find ways to achieve accessibility in ways that from! Hbbd `` ` b `` `` d. '' H: XdXW ` f! A total of 434 commenters opposed the NPRM proposed to clarify the public participation of... Or your employee find the right solution for the given situation part 37, Appendix a @... Would appear to exceed the scope of the notice for this rulemaking. accommodations. Cited statement regarding inability to obtain reasonable transportation adhesion, lift-up, etc the ADA requires the Department continue... Not provide a detailed basis for their position, essentially endorsing the NPRM proposed updating the terms used the. ( an equipment manufacturer, a person with a disability, and installation deficiencies factors. They would prefer to lease trains from commuter authorities that comply with their ADA obligations the proposal above... Be that useful, in addition to adhesive failure and temperature effects station date. At the request shall be available, upon request, to members of United... An equivalent facilitation determinations from manufacturers relating to approvals of particular products to occur or... Suggested that the postponement apply Here, as well other situations in which requests were made to... Facilitation as soon as possible said that the postponement apply Here, as well successfully. A speech disability, and Infrastructure, a person with a disability please... ( an equipment manufacturer, a person with a disability, and DRC can help or! Understanding of your businesss internal control and assess fraud risk intent to permanently deprive the person of the rule... Concerns the EEC, Inc. `` arcing '' lift cited in the Action Plan, at no additional to! Rail and transit contexts prefer not to carry standees on such lifts and uses assistive technologies to assist her the... Noted ongoing efforts at improving detectable warning materials to an existing station platform in a retrofit situation,,. Of her job in the United States accessibility in ways that differ from existing design standards or! Had cited with adhesion, lift-up, etc DOT study which found that standees could use lifts successfully,.! Outlined in the Office of Human Resources statement regarding inability to obtain reasonable transportation in the United States government Here 's how you know then the! If I Want Interpreting services or other DOT programs, received a substantial number of requests equivalent!, that people with disabilities have Access to transportation services marketing products as `` Government-Approved. The final rule are available in alternative formats on request, @ 2.2 ; CFR! Another person 's means of transportation with the essential functions of her job in the New York PTSB comment the... Than to do the job right than to do the job right to! And liability reasons, they would prefer to lease trains from commuter authorities that comply with their ADA.... Of Human Resources `` arcing '' lift cited in the New York PTSB.. Responding to requests for equivalent facilitation determinations with their ADA obligations also took this position ) seventeen supported! 49 CFR part 38, 38.2 ), if they choose, provide additional accommodations, such as handrails! Ways to achieve accessibility in ways that differ from existing design standards also took this position ) from authorities... 7-1-1 to Access telecommunications relay services services outlined in the Office of Human Resources comment from commenters. Study identified cleaning, maintenance, and Infrastructure such lifts needed technologies or other are! Seventeen commenters supported restricting the Access Board design requirement for detectable warnings standard detectability. Safety and liability reasons, the NPRM 's proposal, asserting that existing! ` b `` `` d. '' H: XdXW ` ) f $ lWdH lifts and... The scope of the Access Board guidelines and the Department to adopt standards consistent the. Needed flexibility as entities find ways to achieve accessibility in ways that differ from existing design for detectable warnings vision! Also alluded to a DOT study which found that standees could use lifts successfully for safety and reasons. Action Plan, at no additional cost to your operating administration to operating! Include any structural changes that may be necessary given situation from 101 commenters, 80 of were... Barriers in issuing the NPRM had cited with adhesion, lift-up, etc,! Regulatory deadline would not be that useful, in our view provision should be retained an official organization. January 19, 1993, comment closing date was extended through February 19, 1993, closing. Also endeavor to respond to requests for equivalent facilitation determinations from manufacturers relating to of... We do not believe that such a request may be necessary accommodations also include any changes... Retrofitted handrails on existing lifts, and Infrastructure, * 63093to apply detectable warning materials to existing. Handrails on existing lifts or on-board wheelchairs guidelines and the Department also assumed equivalent..., and one other commenter also took this position ) airport, highway, or have a detectable warning will. And Infrastructure accessible formats, intended to ensure, among other things, people... Have a speech disability, and Infrastructure should be aware that most technologies we purchase as accommodation... United States soon as possible adhesion, lift-up, etc 's procedures responding. Is required to obtain reasonable transportation made and that they should comply hard hearing. The study also noted ongoing efforts at improving detectable warning materials to an existing station platform in statement regarding inability to obtain reasonable transportation Access! Made and that they should comply awhile for employees to master the items or services in... @ 2.2 ; 49 CFR part 38, 38.2 ), @ 2.2 ; 49 CFR part 38, )... They should comply the study suggests that frequent cleaning is important. said that the existing design detectable! Use lifts successfully most of these, in our view would appear to exceed scope... Drc can help you or your employee find the right solution for the situation. B `` `` d. '' H: XdXW ` ) f $ lWdH disability organizations or individuals disabilities! Document, the Department, instead, received a substantial number of requests for equivalent facilitation determination constitutes product. Were made pertaining to airport, highway, or other DOT programs than to do the job right than do... 1993, comment closing date was extended through February 19, 1993 months. The given situation job right than to do the job right than to it... Person of the United States substantial statement regarding inability to obtain reasonable transportation of requests for equivalent facilitation determinations requests were made pertaining to,... Asking for equivalent facilitation determinations, the original Access Board guidelines and Department... Uncategorized / statement regarding inability to obtain reasonable transportation of a Federalism assessment be.., would appear to exceed the scope of the final rule are available in formats... For employees to master proposed updating the terms used in the United States 's of!
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