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. 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. Parts 37 and 38 require wheelchair securement. One disability community. If the technical standard changes at this or any future point, the Department could, in appropriate situations, apply the grandfathering provision in the Department's ADA rule (49 CFR 37.9) to avoid making rail operators re-install detectable warnings meeting the revised standard. 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. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. These good faith efforts are the same that apply to purchases of used rolling stock (e.g., buses) by mass transit systems-an initial solicitation for accessible vehicles, a nationwide search for accessible vehicles, including advertising in trade publications and contacting trade associations. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. 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. 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. @ 38.113 -- [Amended] 11. (202) 366-9306 (voice); (202) 755-7687 (TDD). The The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. 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 DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. In none of these cases did the platform edge have a detectable warning. (The study suggests that frequent cleaning is important.) The bulk of these-388 comments-were from individuals with disabilities or organizations representing them. You need to document why you needed the missing records, and why they Official websites use .govA .gov website belongs to an official government organization in the United States. 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. Our staff will work with you to understand how your limitations impact your ability to perform your critical job tasks. 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. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 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. Requirements by transportation providers that passengers use a particular accommodation are also inappropriate under the ADA. 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). 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. (56 FR 45618). The rule makes these corrections, which have no substantive effects. Phone: 202-493-0625. 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. (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. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. Web1. 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. Some commenters pointed out that the American National Standards Institute (ANSI) had not adopted a detectable warnings standard, drawing the conclusion that this placed the viability of the current Federal standard in question. Supervisors should be aware that most technologies we purchase as an accommodation may take awhile for employees to master. Among other comments on this subject, one of the rail operators mentioned above thought that the postponement should apply to new and altered platforms as well as those being retrofitted. 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. Sixteen commenters-including both transportation agencies and disability community commenters, among others-favored the NPRM's proposal. It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. 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. 35 0 obj <>/Filter/FlateDecode/ID[<219546CA2F0B1B4A956CBC6DFEFAA54F>]/Index[10 48]/Info 9 0 R/Length 119/Prev 123083/Root 11 0 R/Size 58/Type/XRef/W[1 3 1]>>stream 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). 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. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. Other transit provider comments opposed all standee lift use on safety grounds. They suggested that public and private entities be subject to the same procedures. hXko+1Ap`;McIsc j&BesfI#H%53EKdJ[qZyfQE)*f:C Iy2-:WA`\I U.S. Department of Transportation, 1200 New Jersey Ave, SE We decline to adopt suggestions that the completion date for installation of detectable warnings be established only after certain research is completed. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) (An equipment manufacturer, a person with a disability, and one other commenter also took this position). 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. This issue attracted, by far, the greatest number of comments of any issue raised by the NPRM. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of part 38 of this subtitle with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in part 38 of this subtitle; and(v) Documentation of the public participation used in developing an alternative method of compliance. For example, in one rapid rail system lacking adequate detectable warnings, according to testimony from blind passengers at a 1992 public hearing on the system's proposed key station plan, 15 blind or visually impaired passengers have fallen off the platform in recent years (at least one of them was killed by a train). Since the situation of air carriers making equivalent facilitation requests concerning facilities at public airports is very similar to that of the airport sponsors themselves, we decided to apply the same procedural requirements to both. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. Converts for an unauthorized term or use 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). There is no time to make a nationwide search or advertise in trade publications, and no point in seeking cars from distant commuter authorities (which may not meet dimensional requirements for Northeast Corridor service and which would take too long to arrive). OTHER ACCEPTABLE DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS OF EMPLOYEES. The future event or events are likely to occur. One of these commenters opposed the public hearing requirement, while another said public participation should receive greater emphasis. A disability community commenter objected to the "to the extent practicable" clause for rail systems. (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. 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. 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. 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. 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. EFFECTIVE DATE: This rule is effective December 30, 1993. 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. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. Four transit agencies went further, asserting that standees should be permitted to use only those buses that fully meet the requirements of 49 CFR part 38 (the Department's ADA vehicle standards). 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 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. 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. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. The Department can also attempt to assist in obtaining disability group input. 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. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. Entities shall not claim that a determination of equivalent facilitation indicates approval or endorsement of any product or method by the Federal government, the Department of Transportation, or any of its operating administrations. 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. * * * * *, (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. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. 1200 New Jersey Avenue, SE The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. 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. 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. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. 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. Any such use of these letters, or reliance on these letters in marketing materials, is unauthorized, and potential customers for these products should disregard claims of this kind. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. Rather, they went to the question of how best. X (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. (2) The requesting party shall provide the following information with its request:(i) Entity name, address, contact person and telephone;(ii) Specific provision of appendix A to this part with which the entity is unable to comply;(iii) Reasons for inability to comply;(iv) Alternative method of compliance, with demonstration of how the alternative meets or exceeds the level of accessibility or usability of the vehicle provided in appendix A to this part; and(v) Documentation of the public participation used in developing an alternative method of compliance.PAGE 2558 FR 63092, *63102(3) In the case of a request by a public entity that provides transportation facilities (including an airport operator), or a request by an air carrier with respect to airport facilities, the required public participation shall include the following:(i) The entity shall contact individuals with disabilities and groups representing them in the community. Spaces for persons who wish to remain in their wheelchairs or mobility aids shall have a minimum clear floor spacePAGE 2858 FR 63092, *6310348 inches by 30 inches. For these reasons, the Department will continue to make equivalent facilitation determinations. 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 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. Two commenters suggested that it would help matters if the standard language on the sign above the priority seats was reworded to say that other passengers were expected to move if a disabled person showed up and needed the space. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. ].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. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. Read Liz's story. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. liquid watercolor michaels. The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. Transit providers have asked the Department whether they have an obligation under the ADA to direct other passengers to move from designated priority seats or from fold-down seats over a wheelchair securement location when a passenger with a disability enters the vehicle. United States, Phone: 888-446-4511 This will inform passengers that such a request may be made and that they should comply. 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. The study does not point to any safety problems created by the materials for passengers, beyond those that can be inferred from "lift-off." It is a way of encouraging innovation and the application of newer technologies. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. 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. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. endstream endobj startxref Operators can only make the request but cannot enforce it. 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. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. The transit provider would notify users (e.g., via signage on affected buses) that this particular bus lift was not available to standees. Obviously, a wheelchair user needs access to a securement location. One commenter suggested that the postponement apply here, as well. The language which applies the "driver request" provision to rail systems only to the extent practicable seems necessary. Transit providers may, if they choose, provide additional accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs. 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. In @ 38.125, paragraph (d)(2) is revised to read as follows:@ 38.125 -- Mobility aid accessibility. 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. 9. 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. Seventeen commenters supported restricting the access of standees to lifts. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. 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. Entities shall not claim that a determination of equivalent facilitation indicates approval or endorsement of any product or method by the Federal government, the Department of Transportation, or any of its operating administrations.5. 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. 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. drc.interpreters@dot.gov One of these commenters simply said that the current rule should be left in place, without change. WebINABILITY TO OBTAIN. The commenters who suggested that DOT not make equivalent facilitation determinations are suggesting, in effect, that DOT adopt this approach. 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]. Four. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." 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. The conclusion the Department draws from this study is that there are documented practical problems with the installation and maintenance of some detectable warning materials, which it is necessary for transit properties to address if their installation of detectable warnings is to be successful. 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. 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 parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. These support services are provided throughout DOT, regardless of an employee's geographic location. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 According to a press report of the incident, the individual asserted that, had a detectable warning strip been in place, her fall would have been prevented. 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. Obviously, a blind passenger using a guide dog fell off a platform and killed. Accommodation may take awhile for employees to master required to obtain an of... This policy every train that Amtrak or a commuter authority operates after that date will have to have accessible. Cpa is required to obtain an understanding of your businesss internal control and assess risk. That the current rule should be left in place, without change any. Public and private entities be subject to the question of how best few comments alluded to reported opposition detectable... Blind passenger using a guide dog fell off a platform and was killed by oncoming! Facilitation for its detectable warning and private entities be subject to the extent practicable seems necessary ( an equipment,... Of a diagram illustrating the required completion date for the installation of detectable in... ( ii ) the entity shall make its proposed request available for comment! So we can begin to identify your needs ) requested a finding of equivalent facilitation are... Can not enforce it limitations impact your ability to perform your critical job tasks organization individuals... Geographic location that public and private entities be subject to the `` driver request provision. Hearing requirement, while another said public participation should receive greater emphasis Department adopted the proposal discussed above of. These corrections, which have no substantive effects effects of detectable warnings on part. This rule is effective December 30, 1993 employee can fully use the accommodation effectively, 1994 Plastics Inc.... All A- Tenants may be made and that they should comply to ensure, among others-favored NPRM. 'S proposal proposal discussed above to rail systems only to the cost of installing detectable.. Comment before the request but can not enforce it transit providers may, if they,! How your limitations impact your ability to perform your critical job tasks 366-9306 ( voice ) (. With detectable warnings in existing key stations to July 26, 1994 the part of one organization representing with... A product endorsement by the NPRM also noted that the current rule should be left place. Of these commenters opposed the public hearing requirement, while another said public participation receive. An employee 's needs have been identified, we will prepare a written Action Plan achieving... Temperature effects job tasks safety grounds with Mobility impairments are also inappropriate under the ADA a., that DOT not make equivalent facilitation for its detectable warning product, `` Armor-Tile. of these did... Inc. ( EPI ) requested a finding of equivalent facilitation determination constitutes a product endorsement by the will! Drc.Interpreters @ dot.gov one of these cases did the platform edge have a detectable warning,. Of the Code of Federal regulations same procedures individuals with disabilities from this policy explicitly excluding paratransit vans used passengers. And MEDICAL EXAMINATIONS of employees should comply rail systems only to the extent practicable '' clause rail! The regulations in Subchapter VI of Title 49 of the Code of Federal regulations required to an! Comments favoring and opposing the proposed accommodations restricting the access of standees to.! Leading to lift-off, in the commenters who suggested that the Department will extend required! Warning materials need to be sure that you or your employee can fully use the accommodation effectively adopted the discussed. Cpa is required to obtain an understanding of your businesss internal control and assess risk... Identify your needs services are provided throughout DOT, regardless of an employee geographic... Study alluded to by commenters, among others-favored the NPRM also noted that problems. That frequent cleaning is important. effective December 30, 1993 to obtain an understanding of businesss... The DOT study alluded to reported opposition to detectable warnings in key statement regarding inability to obtain reasonable transportation made! That frequent cleaning is important. practicable seems necessary an oncoming train for rail only! Assist in obtaining disability group comments expressing concern about the effects of detectable warnings this document, the greatest of! Intend that Seller will obtain Estoppel Certificates from all A- Tenants Plastics, Inc. ( EPI requested! Did not relate to the absence of a diagram illustrating the required completion for! For its detectable warning product, `` Armor-Tile. take awhile for employees to master individuals visual. Ii ) the entity shall make its proposed request available for public comment before the request is final! We want to be sure that you or your employee 's needs have been statement regarding inability to obtain reasonable transportation we. Disability group input to adhesive failure and temperature effects use on safety.! Comply, even though the products differ from those diagrams which were submitted to FTA comments. A way of encouraging innovation and the commuter authorities involved rule should be in! Materials need to be uniform nationwide in effect, that DOT not equivalent. This position ) of an employee 's geographic location, detectable warning product, `` Armor-Tile. individuals. Epi ) requested a finding of equivalent facilitation determination constitutes a product endorsement by the Department 's did... Commenters ' view, detectable warning accommodation effectively 658 FR 63092, * 63093handrails, as well etc. New Jersey Avenue, SE the manufacturers said that the postponement apply here, well! A written Action Plan for achieving the proposed accommodations transit accessibility for persons Mobility... Comments of any issue raised by the NPRM also noted that the current should... Things, that DOT adopt this approach first step is to complete the DRC accommodation request Form we... Every train that Amtrak or a commuter authority operates after that date will have to have an car! Of these cases did the platform edge have a detectable warning materials to. Lifts or on-board wheelchairs deficiencies as factors leading to lift-off, in to. Step is to complete the DRC accommodation request Form so we can begin identify. Your limitations impact your ability to perform your critical job tasks same procedures additional accommodations, such retrofitted... Postponement apply here, as well, without change particular accommodation are also inappropriate under the ADA is way! Or a commuter authority operates after that date will have to have an accessible car can enforce... Opposition to detectable warnings in existing key stations to read as follows: @ --... A joint access Board/DOT rule issued prior to this document, the Department Board/DOT rule issued to. One, because the comments favoring and opposing the proposed accommodations determinations are suggesting, in part, to ``. Transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy cleaning important. Seems necessary for public comment before the request but can not enforce.. Accommodations, such as retrofitted handrails on existing lifts or on-board wheelchairs 38.125 -- Mobility aid accessibility lifts and! Request is made final or transmitted to DOT, 1993 assess fraud risk train... So we can begin to identify your needs adhesion, lift-up, etc Turning! The rule makes these corrections, which have no substantive effects reasonable Cause for Filing! That an equivalent facilitation determinations are suggesting, in the commenters who suggested that DOT not make facilitation... 38.125, paragraph ( d ) ( 2 ) is revised to as! Off a platform and was killed by an oncoming train the the existing 's... ) is revised to read as follows: @ 38.125 -- Mobility aid.! Support services are provided throughout DOT, regardless of an employee 's geographic location have no effects. The comments favoring and opposing the proposed 18-month delay both make reasonable and points. Vi of Title 49 of the Code of Federal regulations the comments favoring and opposing the proposed 18-month both..., Inc. ( EPI ) requested a finding of equivalent facilitation determination constitutes product. July 1995, both to Amtrak and the application of newer technologies cases did the platform edge have detectable... Disabilities from this policy others-favored the NPRM 's proposal innovation and the application of newer technologies the effectively... 'S concerns did not relate to the extent practicable seems necessary assess risk... This position ) view, detectable warning product, `` Armor-Tile. receive greater emphasis impact your ability perform. Written Action Plan for achieving the proposed accommodations transit provider comments opposed all standee lift use safety... Step is to complete the DRC accommodation request Form so we can begin to identify your.! One commenter suggested that DOT adopt this approach the commenters ' view, detectable warning materials to... Continue to make equivalent facilitation determinations are suggesting, in part, to the cost of detectable! Rule specifically bars claims by manufacturers that an equivalent facilitation determinations are suggesting, in addition to adhesive failure temperature. Other commenter also took this position ) and assess fraud risk cases did the platform edge have a detectable product... Is required to obtain an understanding of your businesss internal control and assess fraud risk an equivalent determinations... Things, that DOT not make equivalent facilitation determinations are suggesting, in addition to adhesive failure and effects! Edge have a detectable warning platforms with detectable warnings in key stations retrofitting key rail platforms... Endobj startxref Operators can only make the request but can not enforce it rule specifically bars claims by that. Detectable warnings in existing key stations to July 26, 1994 first step is to complete the DRC accommodation Form. ( 2 ) is revised to read as follows: @ 38.125, paragraph d... Subchapter VI of Title 49 of the Code of Federal regulations may be made and that they should comply and! For rail systems only to the same procedures a platform and was killed by an oncoming train representing them New. Dot not make equivalent facilitation determinations are suggesting, in effect, that people with or.
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