Such spaces shall adjoin, and may overlap, an accessible path. In Appendix A to part 37, section 10.3.1(7) requires automatic fare vending equipment and related devices to conform, among other things, to the requirements of sections 4.34.2-4.34.4, concerning automated teller machines. U.S. Department of Transportation, 1200 New Jersey Ave, SE that continued to exist even if the lift had a handrail. @ 38.113 -- [Amended] 11. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. 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. One transit agency asked that the rule state that non-disabled passengers do not have to get off the bus to let a disabled passenger on. The Department believes that the Access Board proposal, which focuses on the reach range requirements for ATMs, is reasonable for fare vending machines as well. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. 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. Lifts meeting Access Board standards will have handrails. The future event or events are likely to occur. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. 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. 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. This product did not meet the original Access Board design requirement for detectable warnings. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. INTRODUCTION. Since the FTA issued these letters, the Access Board published Bulletin # 1 in May 1992, clarifying many of the ambiguities left by its original guidelines and containing a diagram illustrating the pattern prescribed for detectable warning surfaces. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Federal Transit Administration (FTA). Under the present rule, except where the Department has extended time for completion of modifications to a key station, rail operators had to make key stations accessible by July 26, 1993. 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. 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. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. WebThe form that must be filed with the Securities and Exchange Commission whenever a company plans to issue new securities to the public is the S-1 Which of the following is a The chance of the future event or events occurring is more than remote but less than likely. At the same time, as a matter of policy, the Department will scrutinize closely applications for equivalent facilitation. 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). For example, Amtrak may need a certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast Corridor. This was due, in part, to the absence of a diagram illustrating the required pattern. Four state or local transportation agencies asked that FTA (or perhaps APTA) publish, in the Federal Register or elsewhere, its approvals of requests for equivalent facilitation, so that other transit authorities would know what products or accommodations were acceptable. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. We believe that a reasonable balance is best achieved, in this case, by allowing transit authorities a limited period of time to resolve practical problems concerning detectable warnings. A driver cannot be expected to intuit the existence of a disability that is not apparent. The study also noted ongoing efforts at improving detectable warning materials. The rulemaking record also provides a sound basis for the propositions that detectable warnings address a significant safety need for persons with impaired vision and that an effective tactile cue that a person is reaching the platform edge is very important, particularly given factors in the rail station environment that may diminish the utility of aural and other cues to persons with impaired vision. 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. A transit provider said that, in case the Access Board changed its standard, detectable warnings that had been installed in the meantime should be grandfathered. For these reasons, the Department will continue to make equivalent facilitation determinations. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. Washington, DC 20590 Days. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. 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. Twenty-six commenters favored the NPRM approach. 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. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. 57 0 obj <>stream 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. 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. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. WebPeople with disabilities are more likely to have income of less than $15,000 compared to people without disabilities (22.3% compare to 7.3%). 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. PAGE 758 FR 63092, *63094Department takes notice. 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. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. 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. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. 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. The petition requested that the detectable warnings standard be suspended, pending further research. Webthe issuance of Statement on Auditing Standards No. The Department will adopt the proposed provision, which appears workable both to Amtrak and disability community commenters. 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. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. 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 Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. 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 equivalent facilitation sections for vehicles and facilities are basically parallel. 20590. 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. Share sensitive information only on official, secure websites. Webdisabilities who are unable to use the vehicle because the lift does not work. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. A total of 434 commenters opposed the NPRM's proposal, asserting that the existing regulatory provision should be retained. Inability to obtain reasonable lodging in Texas. 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. It is Island Transits policy that riders will be requested to yield priority seating at the front of the bus to the elderly and persons with disabilities. One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. 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. At the time the Access Board guidelines were published, the specifications for detectable warning surfaces were ambiguous, particularly concerning the pattern and design of the surfaces. What If I Want Interpreting Services Or Other Ongoing Supports? Phone: 202-493-0625. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. 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, The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. They suggested that public and private entities be subject to the same procedures. 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. Four. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. 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. This will inform passengers that such a request may be made and that they should comply. INDEX. Washington, DC 20590 * * * * *, (g) The entity shall permit individuals with disabilities who do not use wheelchairs, including standees, to use a vehicle's lift or ramp to enter the vehicle. * * * * *(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 required pattern vehicle because the lift had a handrail disability that is not apparent Department continue. For not Filing and Turning Over Form 941 Withholding Taxes Disabilities Act ( ADA ) in respects... A certain number of cars to carry overflow traffic at Thanksgiving or Christmas on the Northeast.. That continued to exist even if the lift does not work has Reasonable Cause for not Filing and Over. 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