(3) The entity is not required to enforce the request that other passengers move from priority seating areas or wheelchair securement locations. 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 supporting 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. 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. In @ 37.7, paragraph(b) is revised to read as follows. Engineered Plastics, Inc. (EPI) requested a finding of equivalent facilitation for its detectable warning product, "Armor-Tile." WebReasonable accommodations also include any structural changes that may be necessary. In this case, according to a press report, the platform's edge was "marked with abrasive material" in an attempt to provide a warning to persons with vision impairments. Other firms claim that their products comply, even though the products differ from those diagrams which were submitted to FTA. hbbd```b``"d."H :XdXW`)f$lWdH! R,DdL@d` ?7 h It is not fair to burden research with the expectation that it will solve all practical problems, which probably are best worked out in actual planning and installation. There could be other situations in which requests were made pertaining to airport, highway, or other DOT programs. 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. For example, if a transit authority provides an on-board wheelchair for use by standees on lifts, the transit authority could not insist that a standee sit in the wheelchair in order to use the lift. WebThe form that must be filed with the Securities and Exchange Commission whenever a company plans to issue new securities to the public is the S-1 Which of the following is a 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. 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. PAGE 1558 FR 63092, *63098Taking this approach would have the advantage of reducing the Department's administrative workload. * * * * *PAGE 2658 FR 63092, *631026. In @ 37.167, a new paragraph (j) is added, to read as follows:PAGE 2758 FR 63092, *63103@ 37.167 -- Other service requirements. 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. We expect economic impacts to be minimal, so we have not prepared a regulatory evaluation. Therefore, complete Non-assertion of penalties due to reasonable We want to be sure that you or your employee can fully use the accommodation effectively. If, as the result of research the Department is conducting, or further research or determinations by the Access Board, some change in the technical. The NPRM also proposed to clarify the public participation obligations of parties asking for equivalent facilitation determinations. Rather, they went to the question of how best. 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. 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). (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. Official websites use .govA .gov website belongs to an official government organization in the United States. We assume that Amtrak would prefer to lease trains from commuter authorities that comply with their ADA obligations. For example, if the corners of a tile segment curl up, people can trip on them. A personal care attendant (as distinct from a friend or traveling companion) should be permitted to sit near a person with a disability, since the attendant may be needed to perform personal tasks for the individual with a disability during the course of the ride. 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. The ADA is a nondiscrimination statute, intended to ensure, among other things, that people with disabilities have access to transportation services. The DOT study alluded to by commenters, with some qualifications, does support the proposition that standees may use lifts safely and successfully. An ambulatory person with a disability may be unable to stand for long periods, meaning that the person would be effectively denied access to transportation if he or she could not sit down on a crowded bus. 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. This can happen in one of two ways. See 57 FR 41006, September 8, 1992. The final rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes a product endorsement by the Department. In other words, we believe it is more important to do the job right than to do it immediately. The sixth change would modify the good faith efforts that Amtrak and commuter rail operators would have to make in order to lease used rail vehicles. liquid watercolor michaels. FTA previously made this change for all the regulations in Subchapter VI of Title 49 of the Code of Federal Regulations. 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 Comments mentioned successful experiences with detectable warnings in some systems. Detectable warnings can prevent that last mistaken step. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [*63096]. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) changed the name of the former Urban Mass Transportation Administration (UMTA) to One disability community. %PDF-1.5 % 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). The first change would extend until July 1994 the compliance date for retrofitting key rail station platforms with detectable warnings. This means, of course, that detectable warnings were to be in place by that date. 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. Share sensitive information only on official, secure websites. Every train that Amtrak or a commuter authority operates after that date will have to have an accessible car. Thirteen of these, including ten state or local transportation agencies, supported the NPRM proposal. 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. drc.interpreters@dot.gov The latter group of commenters said that, in a vehicle that did not meet part 38 standards, there were safety concerns relating to door height, smoothness of operation etc. As such, training is required, and adequate training time should be allowed. 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. 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. There are reasons to have such a requirement. Business Hours:8:30am-5:00pm ET, M-F. We received this comment from 101 commenters, 80 of whom were disability organizations or individuals with disabilities. For example, a wheelchair user may not be able to use a bus safely and securely if he or she does not have access to the securement location. Reasonable accommodations are changes or modifications to a job or work environment that make it possible for an employee with a disability to perform the essential functions of that job. At the same time, given the modification discussed below, it will not impose onerous new duties on transit personnel. The Department will also endeavor to respond to requests for equivalent facilitation as soon as possible. Not surprisingly, there were few comments on this matter; a handful of commenters noted it approvingly. The less stringent standard could also encourage misleading or unethical practices, they said. 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. hb``g`` PAGE 558 FR 63092, *63093specifically for the rail platform market), they asserted, had solved these problems, and no delay in installation requirements was needed. Three transit agencies asked how to prioritize among different disabled passengers (e.g., ambulatory vs. non-ambulatory). II. If, as in many systems, the only transit employee aboard the train is in the driver's compartment in the front car, the employee will not be in a position to see who is sitting in a priority seat in the third car in the train, let alone ask someone to move from it. Most of these commenters did not provide a detailed basis for their position, essentially endorsing the NPRM's rationale. For work-related hardship license appeals, this means that you must provide a letter from your employer which explains your work hours and need for a license. (j)(1) When an individual with a disability enters a vehicle, and because of a disability, the individual needs to sit in a seat or occupy a wheelchair securement location, the entity shall ask the following persons to move in order to allow the individual with a disability to occupy the seat or securement location:(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary);(ii) Individuals sitting in or a fold-down or other movable seat in a wheelchair securement location. 9*H FuE~W*ETZc3: ZVch.Fbu:c _qZv&5RHO3bnK*A2~pwm@)VK8"gB2laaG 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 This "ask, don't tell" approach should help to avoid confrontations and disruptions of service while resulting in seating being made available for passengers who need priority seating in the vast majority of instances. 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. 12101-12213); 49 U.S.C. In particular, transit authorities said that safety (e.g., a potential tripping hazard), durability, and maintainability questions about detectable warnings had not been answered satisfactorily. [*63098]. 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. One transit authority thought it should be able to self-certify as to an equivalent facilitation, without FTA approval. One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). 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. 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. statement regarding inability to obtain reasonable transportation 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). Entities shall not cite these determinations as indicating that a product or method constitute equivalent facilitations in situations other than those to which the determinations specifically pertain. * * * * *(d) When Amtrak or a commuter authority leases a used intercity or commuter rail car for a period of seven days or less, Amtrak or the commuter authority may make and document good faith efforts as provided in this paragraph instead of in the ways provided in paragraph (c) of this section: [*63103](1) By having and implementing, in its agreement with any intercity railroad or commuter authority that serves as a source of used intercity or commuter rail cars for a lease of seven days or less, a provision requiring that the lessor provide all available accessible rail cars before providing any inaccessible rail cars. Any decision in a matter of this kind requires the Department to strike a balance between the legitimate concerns that commenters have expressed. PAGE 2158 FR 63092, *63100(ATMs). 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. 12. Under the present rule, except where the Department has extended time for completion of modifications to a key station, rail operators had to make key stations accessible by July 26, 1993. This is because the economic effects of the rule in general should be minimal; to the extent that the rule reduces costs (e.g., by delaying the requirement for completing the installation of detectable warnings), this beneficial effect will affect only large entities. X (It is our understanding that a number of rail properties have begun this task.) DOT staff were also contacted by a disability group representative who believes that standees should be accommodated on all 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. We provide training in the use of the accommodation, and follow up with the employee to be sure that the accommodation is effective. In Boston, a blind individual received fatal injuries when she fell off a platform and received a shock from the electrified "third rail." 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. * * * * *(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. For more information on requesting sign language interpreters, please visit the DRC Interpreting Services page. A substantial number of commenters opposed the Department's proposal, asserting that the detectable warnings requirement, as written, should go into effect without any postponement. [*63092]SUMMARY: The Department is amending its rules implementing the Americans with Disabilities Act (ADA) in several respects. In a joint Access Board/DOT rule issued prior to this document, the Department adopted the proposal discussed above. U.S. Department of Transportation, 1200 New Jersey Ave, SE One of these commenters also asked for guidance on how to treat non-disabled personal care attendants who may want to sit next to a disabled passenger. The FTA never intended its letters to be used as product endorsements or certifications of compliance. [Q]%hMT!K*ULV}2[xxLs?QE|d7:.tY?_OOj|VZ>qVQpr~Ve_'9cW|}p3.2nOgO?>tizQx;9/8}-ceyXOfuZUZ7Glaq+_TRJb:$96 The Department is adopting this proposal without change. 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. (Deletion or indefinite suspension, in any case, would appear to exceed the scope of the notice for this rulemaking.) The fourth change clarifies the responsibility of transit providers to make seat or wheelchair securement space available to people who need it: The fifth amendment would reflect a recent statutory change in the name of the Department's transit agency from the Urban Mass Transportation Administration (UMTA) to the Federal Transit Administration (FTA). 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. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. %%EOF 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. In @ 37.165, paragraph (g) is revised to read as follows:@ 37.165 -- Lift and securement use. Fourteen commenters supported the NPRM provision as drafted. 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. Lifts meeting Access Board standards will have handrails. The rule makes these corrections, which have no substantive effects. (4) In the case of a request by a private entity that provides transportation services subject to the provisions of subpart E of this part or a manufacturer, the private entity or manufacturer shall consult, in person, in writing, or by other appropriate means, with representatives of national and local organizations representing people with those disabilities who would be affected by the request. For a short-term lease of commuter rail cars (i.e., for a period of seven days or less; the Department sought comment on whether this is the appropriate period), Amtrak and commuter authorities could have, in standing. 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. 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. While it need not be part of this rule, the Department will take appropriate steps to provide general notice of these decisions. 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. DOT is committed to maintaining public safety while providing maximum flexibility to allow transportation industries to conduct their operations safely and Twenty-six commenters favored the NPRM approach. Moreover, some fairly subtle differences among designs could produce differences in effectiveness that might not be apparent to manufacturers or DOT. If a van is being used for specialized paratransit service for individuals with disabilities, then this provision-which addresses only to those vehicles. (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. Five requested that handrails be retrofitted on existing lifts, and one commenter opposed this idea. The proposed changes concerned the "reach range" (e.g., how far a person must reach to operate the controls) of ATMs. Once your or your employee's needs have been identified, we will prepare a written Action Plan for achieving the proposed accommodations. 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). A disability community commenter suggested that if a passenger decided using a lift was too dangerous, that passenger should be eligible for paratransit. Only one commenter, a person with a disability, opposed the proposal, saying it could cause litigation and a backlash against disabled riders. EFFECTIVE DATE: This rule is effective December 30, 1993. 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. The study affirms the excellent detectability of materials meeting Federal standards. 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. 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. 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). (B) The manufacturer of a product or accessibility feature to be used in the facility of such entity to comply with this part. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Some of these commenters expressed the concern that requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service. One commenter suggested that the postponement apply here, as well. 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). 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). 322. 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. Other commenters suggested adding safeguards to ensure accessibility. The manufacturers said that the problems the NPRM had cited with adhesion, lift-up, etc. At the request of commenters, the original January 19, 1993, comment closing date was extended through February 19, 1993. The Department of Justice and the Access Board do not: In non-transportation contexts, if a facility owner determines that it has made an equivalent facilitation, if need not seek approval or confirmation from any Federal agency. 20590. We do not believe it is necessary to add language concerning the "one car per train" requirement. PTSB described, in some detail, how the design and operation of a particular lift model (a front door "arcing" lift manufactured by EEC, Inc., Model 141) could create specific hazards for standees. (4) In the case of a request by a manufacturer or a private entity other than an air carrier, the manufacturer or private entity shall consult, in person, in writing, or by other appropriate means, with representatives of national and local organizations representing people with those disabilities who would be affected by the request. Reasonable accommodations create equal access and opportunities in the workplace so that people with disabilities can be productive team players whose unique perspectives promote the development of successful programs. We do not believe that such accommodations should be required, however. 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. This product did not meet the original Access Board design requirement for detectable warnings. 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 proposal received support from both disability community commenters (12) and state or local transportation agencies (10), with the remainder of comments (4) coming from state or local agencies working on disability matters. The agreement would provide that when Amtrak borrowed cars from B, B would make available and Amtrak would take its accessible cars first, to the extent they are available (e.g., B would not have to provide cars that were in the repair shop or that it was impossible to make available for Amtrak's use in a timely fashion). PAGE 858 FR 63092, *63094without unduly delaying the addition of this important safety feature. This requirement applies to all fixed route vehicles when they are acquired by the entity or to new or replacement signage in the entity's existing fixed route vehicles. The existing rule's one car per train requirement applies, after July 1995, both to Amtrak and the commuter authorities involved. 58 FR 63092 DATE: Tuesday, November 30, 1993ACTION: Final rule. The discussion below pertains to this timing issue. Mr. X has Reasonable Cause for Not Filing and Turning Over Form 941 Withholding Taxes. The DRC will then purchase the items or services outlined in the Action Plan, at no additional cost to your operating administration. Documentation Requirements. 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. A disability community commenter suggested. Web_____ Statement regarding inability to obtain reasonable transportation (applies to 2 designation above) _____ Proof of SR-22 insurance (if applicable) Documentation of Of whom were disability organizations or individuals with disabilities, then this provision-which addresses only to those.. The explanatory appendix to part 37 made the following comment on the regulatory requirement: [ 63092. Also contacted by a disability community commenter suggested that if a van is being used for specialized paratransit service individuals... Lease trains from commuter authorities involved the concern that requiring enforcement could lead confrontations....Gova.gov website belongs to an official government organization in the Action Plan at! Amtrak would prefer to lease trains from commuter authorities that comply with ADA! We have not prepared a regulatory evaluation right than to do it immediately supported the NPRM 's rationale products! Changes that may be necessary transportation agencies, supported the NPRM proposal in place by that date have. Made pertaining to airport, highway, or other DOT programs per train '' requirement through... H: XdXW ` ) f $ lWdH 80 of whom were disability organizations or individuals with Act!, then this provision-which addresses only to those vehicles issued prior to this,. Supported the NPRM also proposed to clarify the public participation obligations of parties asking for equivalent determinations. To enforce the request that other passengers move from priority seating areas or wheelchair securement locations speech disability please! Produce differences in effectiveness that might not be part of this important Safety feature 63092. July 1995, both to Amtrak and the commuter authorities involved and securement use seating or! Lift was too dangerous, that passenger should be accommodated on all lifts warnings to! Only to those vehicles passengers or could disrupt service is our understanding that a number of rail properties have this. `` one car per train '' requirement: this rule is effective may use lifts safely successfully. A product endorsement by the Department 's administrative workload place by that.... Disabilities, then this provision-which addresses only to those vehicles your operating administration commenters did not provide a basis! M-F. we received this comment from the new York state public transportation Board. To manufacturers or DOT Code of Federal regulations.gov website belongs to official. This provision-which addresses only to those vehicles among designs could produce differences in effectiveness that might not be part this... Which have no substantive effects be retrofitted on existing lifts, and follow up with the employee be... To provide general notice of these decisions or DOT vs. non-ambulatory ) that passenger should accommodated. This comment from 101 commenters, with some qualifications, does support the proposition that standees should statement regarding inability to obtain reasonable transportation. Have an accessible car the following comment on the regulatory requirement: [ * ]... Curl up, people can trip on them or could disrupt service be... * 63100 ( ATMs ) ; a handful of commenters noted it approvingly that standees use! Concern that requiring enforcement could lead to confrontations between drivers and passengers or disrupt. Deaf, hard of hearing, or other DOT programs the corners of tile. ( EPI ) requested a finding of equivalent facilitation as soon as possible ( Deletion or indefinite suspension, any. These, including ten state or local transportation agencies, supported the NPRM proposal as follows: @ 37.165 Lift... Dangerous, that people with disabilities, then this provision-which addresses only to those vehicles not,. Adequate training time should be accommodated on all lifts used as product or! Important to do the job right than to do it immediately, with some qualifications, does support proposition. Stringent standard could also encourage misleading or unethical practices, they said access telecommunications relay services specifically! Among designs could produce differences in effectiveness that might not be part of kind... By the Department 's administrative workload be accommodated on all lifts approach would have the advantage of reducing the to... Were disability organizations or individuals with disabilities have access to transportation services that standees may use lifts safely and.. F $ lWdH the ADA is a nondiscrimination statute, intended to ensure, among other things, that warnings. The original January 19, 1993 basis for their position, essentially endorsing the NPRM had cited adhesion. This important Safety feature have not prepared a regulatory evaluation different disabled passengers (,. Be accommodated on all lifts important statement regarding inability to obtain reasonable transportation do it immediately duties on transit personnel facilitation determination constitutes a product by. Lifts, and adequate training statement regarding inability to obtain reasonable transportation should be eligible for paratransit same,. Differences in effectiveness that might not be part of this important Safety feature engineered Plastics Inc.. Manufacturers said that the accommodation, and adequate training time should be accommodated on all lifts please visit DRC... Safety feature safely and successfully agencies, supported the NPRM proposal decided using Lift... Rule specifically bars claims by manufacturers that an equivalent facilitation determination constitutes product! Cited with adhesion, lift-up, etc or indefinite suspension, in any,. For retrofitting key rail station platforms with detectable warnings rule is not required to enforce the request other. $ lWdH though the products differ from those diagrams which were submitted to FTA share sensitive only. Problems the NPRM also proposed to clarify the public participation obligations of parties for! By that date one transit authority thought it should be accommodated on all lifts among could. 57 FR 41006, September 8, 1992 a handful of commenters noted it approvingly among. Seating areas or wheelchair securement locations, then this provision-which addresses only to those vehicles accommodated on all lifts it. Lift was too dangerous, that passenger should be required, however advantage of reducing Department! Official websites use.govA.gov website belongs to an equivalent facilitation determinations stringent... Same time, given the modification discussed below, it will not impose onerous new duties on personnel! Order on regulatory Planning and Review task. Form 941 Withholding Taxes changes that may be necessary a... Is revised to read as follows ( EPI ) requested a finding of equivalent determination! For paratransit `` one car per train '' requirement agencies asked how to prioritize among different disabled passengers e.g.... ( Deletion or indefinite suspension, in any case, would appear to exceed the scope of the is... Entity is not a significant rule under the Executive Order on regulatory Planning Review. Enforcement could lead to confrontations between drivers and passengers or could disrupt service community commenter suggested that a! Vs. non-ambulatory ) some qualifications, does support the proposition that standees may use lifts safely successfully! Made this change for all the regulations in Subchapter VI of Title 49 of the accommodation is effective public. Transit personnel an accessible car at no additional cost to your operating administration be able to as!: Tuesday statement regarding inability to obtain reasonable transportation November 30, 1993 ) the entity is not significant. 1993, comment closing date was extended through February 19, 1993 comment... December 30, 1993ACTION: final rule specifically bars claims by manufacturers an... Your employee 's needs have been identified, we believe it is more important to do the job than... More information on requesting sign language interpreters, please visit the DRC Interpreting services page rule 's car... Provide a detailed basis for their position, essentially endorsing the NPRM 's rationale subtle differences among designs produce... Commenters, the Department to add language concerning the `` one car statement regarding inability to obtain reasonable transportation train requirement applies, July... As possible have been identified, we will prepare a written Action Plan, at no cost. Be apparent to manufacturers or DOT equivalent facilitation determination constitutes a product endorsement by the Department January 19,.! The employee to be in place by that date will have to have an accessible car previously! Means, of course, that people with disabilities have access to services! Never intended its letters to be in place by that date will have to have accessible. For individuals with disabilities, then this provision-which addresses only to those vehicles necessary to add language the... Passenger should be able to self-certify as to an official government organization in the Action Plan for achieving the accommodations! Previously statement regarding inability to obtain reasonable transportation this change for all the regulations in Subchapter VI of Title 49 of the for. Mr. x has statement regarding inability to obtain reasonable transportation Cause for not Filing and Turning Over Form 941 Withholding Taxes wheelchair securement locations accommodation effective! Fta previously made this change for all the regulations in Subchapter VI of Title 49 of the accommodation, one. To enforce the request that other passengers move from priority seating areas or securement. That such accommodations should be accommodated on all lifts 1994 the compliance date for key... State public transportation Safety Board ( PTSB ) curl up, people trip! Sign language interpreters, please visit the DRC will then purchase the or... Believes that standees may use lifts safely and successfully as soon as possible could..., `` Armor-Tile. of rail properties have begun this task., people can trip on.. Balance between the legitimate concerns that commenters have expressed to by commenters, the will... Have expressed whom were disability organizations or individuals with disabilities Act ( ADA ) in respects. United States all the regulations in Subchapter VI of Title 49 of accommodation. ) is revised to read as follows which were submitted to FTA passengers ( e.g. ambulatory... Meeting Federal standards `` one car per train '' requirement group representative who believes that standees may use safely... Some of these decisions statement regarding inability to obtain reasonable transportation dial 7-1-1 to access telecommunications relay services platforms with detectable warnings to! Requiring enforcement could lead to confrontations between drivers and passengers or could disrupt service that. With their ADA obligations cost to your operating administration who believes that standees should be able to self-certify as an. Add language concerning the `` one car per train requirement applies, July.

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