[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Proposed Rules]
[Pages 69245-69246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25999]



[[Page 69245]]

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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1195

[Docket No. 2004-2]
RIN 3014-AA11


Americans With Disabilities Act (ADA) Accessibility Guidelines 
for Passenger Vessels; Small Vessels

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Advance notice of proposed rulemaking; notice of hearing.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) is considering the development of accessibility 
guidelines under the Americans with Disabilities Act of 1990 for newly 
constructed or altered passenger vessels which carry 150 or fewer 
passengers or 49 or fewer overnight passengers. This notice seeks 
comment on various issues related to the development of accessibility 
guidelines for these types of passenger vessels.

DATES: Comments should be received by March 28, 2005. Comments received 
after this date will be considered to the extent practicable. The 
Access Board will hold a hearing on January 10, 2005, from 1:30 p.m. 
until 4:30 p.m.

ADDRESSES: Comments should be sent to the Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. E-mail comments should be sent to <a href="/cdn-cgi/l/email-protection#5f2f293e381f3e3c3c3a2c2c72633e7f372d3a3962" http: board.gov">board.gov</a>">pvag@access-board.gov</a>. Comments 
sent by e-mail will be considered only if they contain the full name 
and address of the sender in the text. Comments will be available for 
inspection at the above address from 9 a.m. to 5 p.m. on regular 
business days. The hearing on January 10, 2005 will be held at the 
Marriott at Metro Center Hotel, 775 12th Street, NW., Washington, DC 
20005.

FOR FURTHER INFORMATION CONTACT: Paul Beatty, Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Telephone number (202) 272-0012 (Voice); (202) 272-0082 (TTY). 
Electronic mail address: <a href="/cdn-cgi/l/email-protection#48383e292f08292b2b2d3b3b65742968203a2d2e75" http: board.gov">board.gov</a>">pvag@access-board.gov</a>.

SUPPLEMENTARY INFORMATION: The Architectural and Transportation 
Barriers Compliance Board (Access Board) is responsible for developing 
accessibility guidelines under the Americans with Disabilities Act 
(ADA) of 1990 (42 U.S.C. 12101 et seq.) to ensure that facilities and 
vehicles covered by the law are readily accessible to and usable by 
individuals with disabilities. The ADA is a comprehensive civil rights 
law that prohibits discrimination on the basis of disability. Title II 
of the ADA establishes requirements for the purchase, lease, and 
remanufacture of vehicles operated by State and local government 
entities to provide designated public transportation. 42 U.S.C. 12141, 
12142, 12144. For purposes of title II of the ADA, the term 
``designated public transportation'' means ``transportation * * * by 
bus, rail, or any other conveyance * * * that provides the general 
public with general or special service (including charter service) on a 
regular and continuing basis.'' 42 U.S.C. 12141(2). Passenger vessels 
such as ferries operated by State and local government entities provide 
designated public transportation and are thus subject to the 
transportation vehicle requirements of title II of the ADA.
    Title III of the ADA establishes requirements for the purchase and 
lease of vehicles operated by private entities, who are primarily 
engaged in the business of transporting people and whose operations 
affect commerce. 42 U.S.C. 12184. For purposes of title III of the ADA, 
the term ``specified public transportation'' means ``transportation by 
bus, rail, or any other conveyance * * * that provides the general 
public with general or special service (including charter service) on a 
regular basis''. Cruise ships and excursion boats operated by private 
entities to provide specified public transportation services are thus 
subject to the transportation vehicle requirements of title III of the 
ADA. 42 U.S.C. 12181.
    Title III of the ADA also establishes requirements for the purchase 
and lease of vehicles by private entities who are not primarily engaged 
in the business of transporting people but operate a demand responsive 
or fixed route system. 42 U.S.C. 12182(b)(2) (B) and (C). For example, 
an amusement park or hotel that operates shuttle boats to transport 
patrons from a parking area to the main attraction or hotel itself 
would be subject to the transportation vehicle requirements of title 
III of the ADA. In addition to the transportation vehicle requirements, 
title III of the ADA establishes requirements for new construction and 
alteration of places of public accommodation operated by private 
entities. 42 U.S.C. 12183. There are twelve categories of places of 
public accommodation covered by title III of the ADA, including places 
of lodging, establishments serving food or drink, and places of 
exhibition or entertainment. 42 U.S.C. 12181(7) (A)-(L). Passenger 
vessels or portions of vessels that are within any of the twelve 
categories of places of public accommodation such as cruise ships, 
dinner boats, gaming boats, and sightseeing vessels are thus subject to 
the public accommodation requirements of title III of the ADA.
    In 1998, the Access Board established a 21-member advisory 
committee to provide recommendations to assist the Board in developing 
passenger vessel accessibility guidelines. The committee included 
disability organizations, industry trade groups, State and local 
government agencies, and passenger vessel operators. The Passenger 
Vessel Access Advisory Committee (PVAAC) met nine times between 
September 1998 and September 2000 and submitted a final report 
``Recommendations for Accessibility Guidelines for Passenger Vessels'' 
(http://www.access-board.gov/pvaac/commrept/index.htm) to the Board in 
December 2000.
    The PVAAC report addresses two types of passenger vessels. 
Passenger vessels which are subject to U.S. Coast Guard regulations 
found at 46 CFR Subchapters H or K, and smaller passenger vessels 
subject to Subchapters C or T. Most of the PVAAC report focused on 
access in larger vessels, with only one chapter of the report 
specifically addressing smaller vessels (see option 2 below for a 
summary of the chapter). Determining which Subchapter of the Coast 
Guard regulations applies to a passenger vessel is based on the number 
of passengers a vessel is permitted to carry and the volume tonnage of 
a vessel.
    Also today, the Access Board issued in the Federal Register a 
notice announcing that the Board's draft guidelines for large passenger 
vessels are available for public review on the Board's Web site (http:/
/www.access-board.gov). Because determining the tonnage of a passenger 
vessel is a complicated process and because many large foreign-flagged 
passenger vessels are not subject to Subchapters H or K, the Board's 
draft guidelines would apply to passenger vessels which are permitted 
to carry more than 150 passengers or more than 49 overnight passengers. 
These numbers were derived from Subchapter K and are used to 
distinguish Subchapter K passenger vessels from Subchapter T passenger 
vessels, which are generally smaller. It is possible for some 
Subchapter H

[[Page 69246]]

passenger vessels to have fewer than these passenger numbers.
    To assist the Board in developing accessibility guidelines for the 
design, construction, and alteration of smaller passenger vessels, the 
Board seeks comment on four options. Comment is sought in the following 
areas for each option:
    <bullet> The feasibility of each option and the rationale for 
selecting one option over others;
    <bullet> How a selected option should be modified to correct any 
identified weaknesses;
    <bullet> Data relating to the costs and benefits of each of the 
options; and
    <bullet> Recommendations on other ways to address the accessible 
design, construction, and alteration of smaller passenger vessels.
    Option 1. Require vessels which are permitted to carry fewer than 
150 passengers or fewer than 49 overnight passengers to comply with the 
same design, construction, and alteration requirements applicable to 
larger vessels addressed in the Board's draft guidelines except where 
it is not operationally or structurally feasible. Where a provision is 
not operationally or structurally feasible, compliance would be to the 
maximum extent practicable. The Board seeks comment on which particular 
provisions might be considered operationally or structurally 
infeasible.
    Option 2. Require these smaller vessels to comply with the PVAAC 
report. In Chapter 12 of its report (http://www.access-board.gov/pvaac/commrept/chapter12.htm,) PVAAC provided access recommendations for 
smaller vessels but applied the recommendations differently to sailing 
vessels and power vessels. Any Subchapter C or T sailing vessel could 
use the small vessel access provisions (summarized below). However, 
only Subchapter C or T power vessels that are within at least two of 
the following three measurements could use the small vessel provisions. 
The three measurements are:
    <bullet> The length on deck of the vessel is 65 feet or less;
    <bullet> The maximum beam (width) of the vessel is 16 feet or less; 
and
    <bullet> On the vessels main deck, each of the following three 
areas (weather deck, major program area, and boarding deck) is 750 
square feet or less in size.
    Therefore, for example, a new water taxi with a length on deck of 
65 feet and a beam of 16 feet could use the small vessel provisions. 
Other Subchapter C or T power vessels that do not meet at least two of 
the above three measurements would need to comply with the access 
provisions applicable to larger passenger vessels.
    The small vessel provisions generally address access only in a few 
areas including vessel embarkation and debarkation points, clear decks 
spaces and transfer seats, toilet rooms, accessible routes and transfer 
systems, and means of escape. The accessible route technical provisions 
also addressed brow and gangway requirements but did not include 
recommendations regarding gangway slopes. These small vessel provisions 
were based on language similar to what is found in the Board's draft 
guidelines which address larger vessels, but were extensively modified 
to be compatible with smaller passenger vessels.
    Option 3. Develop general performance requirements which must be 
met when designing, constructing or altering smaller vessels. General 
performance requirements list objectives, rather than detailed design 
requirements, which must be accomplished to determine if a vessel is 
accessible. For example, general performance requirements for newly 
constructed smaller passenger vessels could include the following:
    <bullet> Passengers with disabilities must be able to get on and 
off a passenger vessel by a roll-on access method or by use of a 
transfer device;
    <bullet> Within the vessel, except for spaces and areas only 
connected by ladders, passengers with disabilities must be able to 
approach, enter, maneuver within, and exit each program area;
    <bullet> Within the vessel, except for spaces and areas only 
connected by ladders, passengers with disabilities must be able to 
approach, enter, maneuver within, and exit each passenger toilet 
facility;
    <bullet> Within the vessel, provide a circulation path usable by 
passengers with disabilities which connects accessible spaces and areas 
to an accessible entry and departure point.
    Option 4. The Board's draft guidelines apply to larger passenger 
vessels (including sailing vessels) which carry more than 150 
passengers or more than 49 overnight passengers. It may be feasible to 
apply the draft guidelines to some sailing and power vessels which 
carry fewer than 150 passengers or 49 overnight passengers. The Board 
is interested in receiving comment to determine at what passenger count 
the application of the draft guidelines to smaller passenger vessels 
becomes infeasible or at what size vessel the application of the draft 
guidelines becomes infeasible.
    In addition to welcoming written comments, the Board will hold a 
hearing on January 10, 2005 to give the public an additional 
opportunity to provide input on the Board's draft guidelines. 
Interested members of the public are encouraged to contact the Access 
Board at (202) 272-0012 (voice) or (202) 272-0082 (TTY) to pre-register 
to attend the hearing. A second hearing may be held later in 2005. The 
location, date, and time of the second hearing will be announced in a 
subsequent Federal Register notice and on the Board's Web site. The 
hearings will be accessible to persons with disabilities. Sign language 
interpreters and an assistive listening system will be available. 
Persons attending the hearings are requested to refrain from using 
perfume, cologne, and other fragrances for the comfort of other 
participants.

Availability of Copies and Electronic Access

    Single copies of the passenger vessels rulemaking (ANPRM on Access 
to and in Smaller Passenger Vessels, Availability of Draft Guidelines, 
Draft Guidelines and Supplementary Information, and Draft Plan for 
Regulatory Assessment) may be obtained at no cost by calling the Access 
Board's automated publications order line (202) 272-0080, by pressing 2 
on the telephone keypad, then 1 and requesting publication S-45. Please 
record your name, address, telephone number and publication code S-45. 
Persons using a TTY should call (202) 272-0082. Documents are available 
in alternate formats upon request. Persons who want a publication in an 
alternate format should specify the type of format (cassette tape, 
Braille, large print, or ASCII disk). Documents are also available on 
the Board's Web site (http://www.access-board.gov).

Emil H. Frankel,
Chair, Architectural and Transportation Barriers Compliance Board.
[FR Doc. 04-25999 Filed 11-24-04; 8:45 am]
BILLING CODE 8150-01-P


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