statement regarding inability to obtain reasonable transportation

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. 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. All documents and other information concerning the request shall be available, upon request, to members of the public. When the needed technologies or other products are delivered, DRC doesn't stop there. 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 Department, instead, received a substantial number of requests for equivalent facilitation determinations from manufacturers relating to approvals of particular products. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. A disability community commenter suggested. The qualifications are that, in the situations studied, both drivers [*63097] and standee users were trained in the proper use of lifts, handrails were available on the lifts, and operators were not required to transport a standee who refused to use the handrail. Webdisabilities who are unable to use the vehicle because the lift does not work. 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. Disability group comments expressing concern about the effects of detectable warnings on transit accessibility for persons with mobility impairments are also worthy of consideration. 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. The Department believes that this period should give transit properties sufficient time to work out the installation and related problems to which the comments referred. 4. Accommodations are a very individual thing, and DRC can help you or your employee find the right solution for the given situation. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. (ii) The entity shall make its proposed request available for public comment before the request is made final or transmitted to DOT. 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. Priority seats are intended for people with disabilities in general; a seat near the front of the bus may be as important to a blind individual as to an individual with a mobility impairment. The study affirms the excellent detectability of materials meeting Federal standards. 57 0 obj <>stream The situations covered by the Access Board proposal are distinguishable from the situation of rail platform edges, and a decision by the Access Board to delete the detectable warning requirement in the former would not affect the requirement in the latter for detectable warnings on platform edges, particularly given the safety consequences of falls from rail station platforms. The Department stated in the NPRM that having an adequate detectable warning system to warn blind and visually impaired passengers that they are near a platform edge is a vital safety matter for these passengers. The Nations transportation industries, which are not immune to the impacts and disruptions resulting from the spread of COVID-19 in the United States, are playing a vital role in mitigating the effects of COVID-19. 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. Many of these letters appeared to be generated by a. In 49 CFR part 37, the words "Urban Mass Transportation Administration" are changed to the words "Federal Transit Administration" in every instance in which those words appear; the letters "UMTA" are changed to the letters "FTA" in every instance in which those letters appear; and the words "UMT Act" and "Urban Mass Transportation Act" are changed to the words "FT Act" and "Federal Transit Act" in every instance in which those words appear, and the definition of "FT Act" is moved to the proper alphabetical order. The first was the designation of the last paragraph of @ 38.113 (concerning signage) as (3), rather than (e). 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. 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. * * * * *(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. 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. WebAny Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of The third change would modify the Department's procedures for responding to requests for equivalent facilitation determinations. These were primarily, but not exclusively, from the blind community. DRC staff will talk with the employee and the supervisor to understand the scope of the job and to find effective solutions. Thirty-one state and local agencies working with disability matters, three private transportation providers, three members of Congress (Senators Harkin and Kennedy and Representative Mineta), and four other commenters also advocated not changing the existing rule. 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. The Webstatement regarding inability to obtain reasonable transportation An Audio Repository of Nusach & Nigunim According to the Ashkenaz Tradition countdown Timer Expired. (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. B) should request an increase in audit fees so that more resources can be used to conduct the audit. An official website of the United States government Here's how you know. II. WebTo request reasonable accommodations: Look at the vacancy announcement Work directly with person arranging the interviews Contact the agency Selective Placement Program Coordinator Contact the hiring manager and engage in an interactive process to clarify what the person needs and identify reasonable accommodations [49.CFR 37.163 (f)] SECTION 12 - PRIORITY SEATING . DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and 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. Four commenters-three disability community commenters and one manufacturer-said that there should be no equivalent facilitation available for detectable warning materials. Copies of the final rule are available in alternative formats on request. (49 CFR part 37, Appendix A, @ 2.2; 49 CFR part 38, 38.2). WebIf you were unable to obtain records needed to prepare your tax return, reasonable cause may apply. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. 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. The Department certifies that the rule will not have a significant economic impact on a substantial number of small entities. Current products (including some developed. * * * * *. See 57 FR 41006, September 8, 1992. 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. 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. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. These commenters included four disability community commenters, two transit agencies, two state or local agencies working on disability matters, and one consultant. The purpose of the detectable warning is to inform blind or visually impaired passengers that they are nearing the platform edge. As such, training is required, and adequate training time should be allowed. liquid watercolor michaels. 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). 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]. A driver cannot be expected to intuit the existence of a disability that is not apparent. The Department will extend the required completion date for the installation of detectable warnings in existing key stations to July 26, 1994. PAGE 1258 FR 63092, *63096commenter said it was inappropriate for a transit authority to require a standee to use the handrail (i.e., because it might be more dangerous for the passenger to release his or her grip on a walker or crutch to grasp the handrail); one transit authority wanted to be able to impose such a requirement. Obviously, a wheelchair user needs access to a securement location. 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. Others said that they did not want to spend substantial sums of money on detectable warnings until there was certainty about what design would best answer the concerns that have been raised. 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. Twenty-six commenters favored the NPRM approach. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. 20590. Reasonably possible . 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. 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. These commenters, while making clear their concern about safety, did not present any data or anecdotal information that would demonstrate that an actual safety problem existed. The Department is aware that the Access Board (along with the Department of Justice and Department of Transportation) proposed to suspend, until January 1995, the requirement for detectable warnings in contexts such as curb ramps and parking lots, with the expectation of conducting further research. PAGE 1158 FR 63092, *63096letter-writing campaign organized by the Disability Rights Education and Defense Fund (DREDF), whose comment is probably the most thorough and typical statement of the disability community's objections to the proposal. The FTA never intended its letters to be used as product endorsements or certifications of compliance. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." The Department understands that this lift model is no longer being manufactured, but remains in use on some buses. drc.interpreters@dot.gov The Department also wants to clarify an equivalent facilitation decision it had earlier made concerning detectable warnings. [*63098]. We would ask that you fill out a "Request for Accommodation" on the first instance of your request, and at that time, the procedure for obtaining your needed service will be explained. 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. The first step is to complete the DRC Accommodation Request Form so we can begin to identify your needs. (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. 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. It is a way of providing a reasonable sense of security to regulated parties that accessibility modifications they make will comply with ADA requirements. The facility owner simply makes its own determination, which may be challenged in court or administrative proceedings as failing to comply with ADA requirements. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. Phone: 202-366-6242, 1200 New Jersey Avenue, SE 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. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. Controls another person's means of transportation with the intent to permanently deprive the person of the means of transportation. 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. The Access Board's proposed action does not apply to detectable warnings on rail platform edges. In an audit, your CPA is required to obtain an understanding of your businesss internal control and assess fraud risk. 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. 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. 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. PAGE 658 FR 63092, *63093handrails, as well as detectable warnings, at intervals along platforms. * * * * *, 8. There are no Federalism impacts sufficient to warrant the preparation of a Federalism assessment. 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. The FTA will oversee such mechanisms as part of the triennial review process. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. Phone: 202-493-0625. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. 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. Secure .gov websites use HTTPS United States, Email: drc@dot.gov (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 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. 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. The Department believes that one commenter's concerns about the relationship of the yellow safety strip or "bumpers" (i.e., strips of material along the outward-facing edges of platforms to protect the rail cars and platform edges from abrasion) on some of its platforms can be addressed successfully without regulatory change, and the Department will work with rail operators to that end. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. 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. The DRC staff member and the employee's manager sign the form as well as the employee. Consequently, the NPRM proposed to extend for 18 months the key station compliance date with respect to detectable warnings. (56 FR 45618). 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