It said that while new products have been developed, they have not yet been independently tested. WebINABILITY TO OBTAIN. It is appropriate for a driver, under this provision, to ask an ambulatory passenger with a disability to move to clear a wheelchair securement location when needed to accommodate a wheelchair user. 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. The supporting The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. hb``g`` * * * * *. 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. The problematical features of this lift, as described by the PTSB, include an unusually low head clearance, the tilting action of the lift as it enters the bus, and a "pit" between the lift and the bus entrance when the lift is fully raised but has not entered the bus. Making decisions about equivalent facilitation in advance, through an agency administrative process, seems more efficient than making them after the fact, through litigation. (It is our understanding that a number of rail properties have begun this task.) 322. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. 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. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. The equivalent facilitation sections for vehicles and facilities are basically parallel. 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. 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. Finally, the need of transit properties for time to determine which specific detectable warning product is best for their systems and to go through their procurement processes is reasonable to take into account. 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. The discussion below pertains to this timing issue. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. Another commenter said the Access Board specification for [*63094] detectable warnings should be made more precise, and that the "pathfinder" design had some international acceptance. WebThe statements are not in conformity with GAAP regarding pension plans An independent auditor has concluded that a substantial doubt remains about a client's ability to continue Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. 107. Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. However, the ADA regulation is in Subchapter I of that Title. 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. These commenters generally viewed the proposal as a necessary step to make sure that passengers with disabilities actually received transportation service they could use. 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. In issuing the NPRM, the Department stated that the existing design for detectable warnings standard fulfills detectability and safety requirements. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. All documents and other information concerning the request shall be available, upon request, to members of the public. 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]. 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. 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. (2) By documenting that, when there is more than one source of intercity or commuter rail cars for a lease of seven days or less, the lessee has obtained all available accessible intercity or commuter rail cars from all sources before obtaining inaccessible intercity or commuter rail cars from any source. While managers and employees are experts in their respective fields, they may not know how to go about providing specific reasonable accommodation solutions for different situations. Last fall, the Access Board proposed amending its guidelines for ATMs. 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. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 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. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. (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. A regulatory deadline would not be that useful, in our view. The chance of the future event or events occurring is more than remote but less than likely. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. (202) 366-9306 (voice); (202) 755-7687 (TDD). The Department is free to consider safety or reliability information that may be developed by the Access Board as it reviews detectable warnings. In New York, a blind passenger using a guide dog fell off a platform and was killed by an oncoming train. Comments mentioned successful experiences with detectable warnings in some systems. 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. An official website of the United States government Here's how you know. Disability Resource Center For safety and liability reasons, they would prefer not to carry standees on such lifts. The main point of all commenters supporting a restriction on the use of lifts by standees was the safety risk that they believe to exist. One transit agency suggested explicitly excluding paratransit vans used for passengers with disabilities from this policy. 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. Some commenters expressed particular concern about detectable warnings at outdoor stations in the winter, with respect to snow and ice removal and potential slipping hazards to passengers. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. 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 future event or events are likely to occur. DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all lifts. 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. All of these, in PTSB's view, present clear safety hazards to standees. statement regarding inability to obtain reasonable transportation The authority citation for 49 CFR part 37 continues to read as follows: Authority: Americans with Disabilities Act of 1990 (42 U.S.C. Reasonably possible . Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. (An equipment manufacturer, a person with a disability, and one other commenter also took this position).
Title I of the Americans with Disabilities Act of 1990 (the "ADA") (1) limits an employer's ability to make disability-related inquiries or require medical examinations at three stages: pre-offer, post-offer, and during The 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. Other comments addressed a variety of concerns. Making the requirements effective at the same time made sense, they said, because they relate to an accessible car-station interface. 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. * * * * *(c)(1) Unless an entity receives an extension under paragraph (c)(2) of this section, the public entity 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. Web1. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. 2. The FTA Administrator sent letter to a number of manufacturers to inform them that their designs appeared to meet the dimensional requirements intended by the Access Board. 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. ].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. 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. EFFECTIVE DATE: This rule is effective December 30, 1993. The two types of machines are similar enough in the operations that consumers must perform that the same requirements make sense in both contexts. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. Washington, DC 20590 It would be appropriate for transit operators to establish a mechanism based on local circumstances, consultation with drivers, and input from the local community. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. Copies of the final rule are available in alternative formats on request. Parts 37 and 38 require wheelchair securement. (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. WebApplicable for audits of financial statements for periods commencing on or after 15 December 2019. Official websites use .govA .gov website belongs to an official government organization in the United States. These concerns include the possibility of adhesive failures and "lift-off" (i.e., the corners of segments of the materials may come up) as well as durability. 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 FTA will oversee such mechanisms as part of the triennial review process. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG 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. 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. 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. We also agree with the commenters who suggested that priority seating signs should specify that non-disabled persons should move to make room for someone who needs a priority seat. An entity wishing to employ equivalent facilitation * * * shall submit a request to UMTA or FRA, as applicable, and include the following information: (list of five items of information). %PDF-1.5
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* * * * *(d)(1) For purposes of implementing the equivalent facilitation provision in section 2.2 of appendix A to this part, the following parties may submit to the Administrator of the applicable operating administration a request for a determination of equivalent facilitation:(i)(A) A public or private entity that provides transportation facilities subject to the provisions of subpart C this part, or other appropriate party with the concurrence of the Administrator;(ii) With respect to airport facilities, an entity that is an airport operator subject to the requirements of 49 CFR part 27 or regulations implementing the Americans with Disabilities Act, an air carrier subject to the requirements of 14 CFR part 382, or other appropriate party with the concurrence of the Administrator. We do not believe it is necessary to add language concerning the "one car per train" requirement. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. 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. "[wll,u&aElBK5#3cn6u. 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. Some letters mentioned the need for detectable warnings for persons who use dogs, as well as those who use canes, as a mobility aid. 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 second modification would except a particular model of lifts from the requirement that transportation providers permit standees to use lifts. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. Hours. Thirteen of the remaining comments were from manufacturers of detectable warnings and associated products, with four from state or local agencies working on disability matters and two each from state or local transportation agencies and other commenters. 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