WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. 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. 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 final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. 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. 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. This was due, in part, to the absence of a diagram illustrating the required pattern. We want to be sure that you or your employee can fully use the accommodation effectively. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. It is inappropriate under a nondiscrimination statute like the ADA, DREDF argued, to restrict the availability of a service to persons with disabilities based only on speculation or apprehension about possible risks. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. 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. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. 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. WebThe ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and 12101-12213); 49 U.S.C. 1200 New Jersey Avenue, SE 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). Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. Given the differences between the bus and rail contexts, and the specific requirements that the ADA applies to rail, it does not seem appropriate to apply the "don't diminish fleet accessibility percentage" rule to this situation. 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. Also, if Amtrak could obtain cars for a particular area of its service from both Commuter Authority B and Commuter Authority C, and C had more accessible cars available than B, Amtrak would borrow C's accessible cars before it borrowed inaccessible cars from B. Eleven commenters (eight disability community commenters, Amtrak and one other transit provider, and one state or local agency working on disability matters) favored the NPRM approach. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. 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. The ADA requires the Department to adopt standards consistent with the Access Board guidelines. (56 FR 45618). 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. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. The uniformity considerations mentioned by commenters will be taken into account in this process. * * * * *(d) * * *(2) Wheelchair or mobility aid spaces. 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. PAGE 958 FR 63092, *63095standard for detectable warnings may be indicated, the Department is free to propose changes, which can exceed the minimum requirements of the Access Board guidelines. (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. There are reasons to have such a requirement. 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 authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and 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. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. The ability to gather this information is an additional reason for providing the extension. 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 main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. The availability of seating or securement space is an integral part of accessibility (i.e., having a vehicle that is "readily * * * usable by" an individual with a disability). It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. At the same time, the Department was aware that rail operators had expressed a number of concerns about the detectable warnings requirement. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. Many of these letters appeared to be generated by a. (56 FR 45755). W56-403 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. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. 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 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. 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. Copies of the final rule are available in alternative formats on request. Seven additional commenters favored longer delays. 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. 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. In the preamble to the final rule, the Department made the following comments on the origin of this provision: PAGE 1058 FR 63092, *63095In the NPRM, the Department neglected to discuss the use of lifts by standees, an oversight that was brought to our attention by a substantial number of disability community commenters. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. 9. Five transit agencies noted that they provided lift service to standees without significant problems. The rule makes these corrections, which have no substantive effects. 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. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." From a transportation policy point of view, requiring materials to be installed without providing a reasonable amount of time for rail operators to resolve these very practical issues could be counterproductive. 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 Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to Federal Transit Administration (FTA). Nine of these were state or local transportation agencies, four were disability community commenters, and one was a state or local agency working on disability matters. 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