That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. The Department can also attempt to assist in obtaining disability group input. WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable Two manufacturers thought equivalent facilitation should be deleted from the rule altogether. Under the proposal, rail operators would have had until January 26, 1995, to complete installation of detectable warnings. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. Nine transit agencies and one state or local agency working on disability matters suggested that the final rule require the driver to ask someone sitting in a priority seat to move, or to make good faith efforts to clear the seat, but not to have to enforce the request. Current products (including some developed. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. 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. Operators can only make the request but cannot enforce it. The petition requested that the detectable warnings standard be suspended, pending further research. WebStatement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and Twenty-six commenters favored the NPRM approach. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. 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. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. 4 Transportation barriers Providing reasonable accommodations is an interactive process where the employee and his or her manager need to participate to help achieve a successful accommodation. 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. drc.interpreters@dot.gov It also mentioned a technical safety concern relating to the interface of the detectable warning strip and the yellow safety stripe at the platform edge. Section 37.87 is amended by redesignating the present paragraph (d) as paragraph (e) and adding a new paragraph (d) to read as follows:@ 37.87 -- Purchase or lease of used intercity and commuter rail cars. This Statement uses the terms probable , reasonably possible, and remote to identify three areas within that range, as follows: Probable . 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. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. In none of these cases did the platform edge have a detectable warning. PAGE 2258 FR 63092, *63101omission of part of the language concerning wheelchair locations in @ 38.125(d)(2). The ability to gather this information is an additional reason for providing the extension. One disability community. * * * * *(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 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. Webdisabilities who are unable to use the vehicle because the lift does not work. What If I Want Interpreting Services Or Other Ongoing Supports? Some comments from transit providers suggested there be limits on the use of lifts by standees (e.g., only where there are handrails, only in a wheelchair provided by the transit authority). They viewed the separate provision for private entities (such as manufacturers) as being a less stringent standard, which would allow manufacturers to circumvent the standards in the rule. Commenters also asked for more clarification or guidance on certain subjects. 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. WebDocumentation RequirementsInability to obtain reasonable lodging in Texas. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. 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 bulk of these-388 comments-were from individuals with disabilities or organizations representing them. Mp[ The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. 3 Children with disabilities are almost four times more likely to experience violence than children without disabilities. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. While the procedures differ, the substantive standard is not less stringent for manufacturers: any party seeking a determination of equivalent facilitation must convince the Department that its proposal really results in equivalent or greater access. With the exception noted below, the existing @ 37.165(g)-which requires transportation providers to permit standees to use lifts, without restriction-will remain in effect. 58 FR 63092, *63093to apply detectable warning materials to an existing station platform in a retrofit situation. The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. 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. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. 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. 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. United States, Phone: 888-446-4511 There were several suggestions for refining the NPRM proposal, some of which came from some of the same commenters who endorsed the proposal in general. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) Two commenters suggested that, when possible, the driver seat disabled passengers on the right side of the bus, so that the driver could see if a passenger had problems with the securement device or needed a stop announcement. 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. that continued to exist even if the lift had a handrail. 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. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. 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." Equivalent facilitation is a useful provision of the Access Board guidelines and the Department's rules that applies to all accessibility features. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. However, the Department continues to believe that making equivalent facilitation determinations available also has important advantages. The case of installing detectable warnings sooner, rather than later, is made stronger by three publicly reported deaths of visually impaired passengers in the time since the comment period for this rulemaking closed, of which the. The Department sought comment on whether this change would improve safety significantly, what the effect would be on consumer access to vehicles, and any other measures that could mitigate any potential safety problems involved with the use of existing lifts while having less significant effects on access. 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. 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. These support services are provided throughout DOT, regardless of an employee's geographic location. 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. In @ 37.7, paragraph(b) is revised to read as follows. * * * * *7. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 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. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. Nine commenters supported the NPRM proposal to adopt the Access [*63101] Board proposed amendment for ATMs, which would also apply to fare vending systems. 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. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in [*63102] appropriate media, such as newspapers of general and special interest circulation and radio announcements. liquid watercolor michaels. (56 FR 45755). The study affirms the excellent detectability of materials meeting Federal standards. Documentation Requirements. The future event or events are likely to occur. Because this action had already been taken, it is not necessary for this document to further amend the regulatory text. 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. Several manufacturers of detectable warning surfaces requested clarification. The discussion below pertains to this timing issue. 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. 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