9. 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]. (It is our understanding that a number of rail properties have begun this task.) Lifts meeting Access Board standards will have handrails. Detectable warnings can prevent that last mistaken step. Rather, they went to the question of how best. The Department is not making other suggested changes in the regulatory language, believing that reasonable implementation of the provision can address the issues commenters raised. In the course of preparing this document, DOT staff noticed two technical errors in 49 CFR part 38. (Since few transit authorities have actually installed detectable warnings to date, most commenters could not assert that they had directly experienced problems, however.) One partial exception to this pattern was a comment from the New York State Public Transportation Safety Board (PTSB). 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. In none of these cases did the platform edge have a detectable warning. 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. 1200 New Jersey Avenue, SE A regulatory deadline would not be that useful, in our view. The last paragraph of @ 38.113, entitled Signage and currently designated as paragraph (3), is redesignated as paragraph (e). 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. [*63098]. (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. Amtrak may have a standing reimbursable agreement with Boston or Washington/Baltimore area commuter authorities to borrow commuter rail cars on short notice in these situations. (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. 12101-12213); 49 U.S.C. 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. 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. The existing detectable warning requirement, without change or postponement, will continue to apply to construction of new stations and alterations of existing stations platforms. However, it is not a condition to the Close of Escrow that Seller obtain Estoppel Certificates from those A-Tenants in excess of the Minimum Number of Estoppels. In other words, we believe it is more important to do the job right than to do it immediately. The parties intend that Seller will obtain Estoppel Certificates from all A- Tenants. This rule is not a significant rule under the Executive Order on Regulatory Planning and Review. Fourteen commenters supported the NPRM provision as drafted. We do not believe it is necessary to add language concerning the "one car per train" requirement. Consequently, we have not adopted the comments of manufacturers that opposed different procedures for manufacturers and transportation providers. The main reason for this was that, in the commenters' view, detectable warning materials need to be uniform nationwide. 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. 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. The Department encourages the use of such accommodations, in the interest of improving safe and convenient service to passengers. 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. "[wll,u&aElBK5#3cn6u. 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). In making the request available for public review, the entity shall ensure that it is available, upon request, in accessible formats. The key point in the comments, from the Department's point of view, is the absence of information documenting a safety problem resulting from standees' use of lifts. All of these, in PTSB's view, present clear safety hazards to standees. 12. 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. (2) This requirement applies to light rail, rapid rail, and commuter rail systems only to the extent practicable. 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. 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. 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. One disability community. 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). 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. Documentation Requirements. (iii) The entity shall sponsor at least one public hearing on the request and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements. The Department is also making two minor technical corrections to its rule establishing standards for accessible vehicles. 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 In response to the disability group concerns about possible problems detectable warnings may create for people with mobility impairments, the FTA is available to work with rail properties that have installed or are testing detectable warning systems (and users of these systems who have mobility impairments) to determine whether such problems exist and merit any change in the detectable warning requirement. A few comments alluded to reported opposition to detectable warnings on the part of one organization representing individuals with visual impairments. A lock ( LockA locked padlock ) or https:// means youve safely connected to the .gov website. 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. 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. Provided, that an entity is not required to permit such individuals to use a lift Model 141 manufactured by EEC, Inc. Three commenters suggested that buses carry an on-board wheelchair that standees could choose to use. statement regarding inability to obtain reasonable transportation WebReasonable accommodations also include any structural changes that may be necessary. 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. Parts 37 and 38 require wheelchair securement. Seventeen commenters supported restricting the access of standees to lifts. All documents and other information concerning the request shall be available, upon request, to members of the public. This issue is a difficult one, because the comments favoring and opposing the proposed 18-month delay both make reasonable and persuasive points. One commenter suggested that the postponement apply here, as well. ql[' Flt Tvdccd)ek_Q6NKvzA rzm K7~(2Q9;(H A driver cannot be expected to intuit the existence of a disability that is not apparent. 2. WebIf the auditor believes that the financial statements are notfairly stated or is unable to reach a conclusion because of insufficient evidence, the auditor A) should withdraw from the engagement. of detectable warning materials had been the result of a combination of first-generation materials and improper installation and/or maintenance by rail properties. They suggested that public and private entities be subject to the same procedures. Read Liz's story. There are reasons to have such a requirement. PAGE 1458 FR 63092, *63097Commenters had a variety of points of view on this proposal. The rule makes these corrections, which have no substantive effects. 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. * * * * *, 8. For example, if the corners of a tile segment curl up, people can trip on them. Remote . The study identified cleaning, maintenance, and installation deficiencies as factors leading to lift-off, in addition to adhesive failure and temperature effects. Current products (including some developed. 322. If a range of reasonable estimates is supported by sufficient appropriate audit evidence and the recorded estimate is outside of the range of reasonable Twenty-six commenters favored the NPRM approach. That is, they were concerned that passengers would lose their balance and fall, hit their head, or otherwise suffer injury, as the result of using the lift. The NPRM also noted that the Department's concerns did not relate to the cost of installing detectable warnings in key stations. The Department is adopting this proposal without change. II. Consultation with these individuals and groups shall take place at all stages of the development of the request for equivalent facilitation. 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