[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Proposed Rules]
[Page 69244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26000]



[[Page 69243]]

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Part IV





Architectural and Transportation Barriers Compliance Board





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36 CFR Part 1195



Americans With Disabilities Act (ADA) Accessibility Guidelines for 
Passenger Vessels; Large and Small Vessels; Proposed Rule

49 CFR Part 37



Nondiscrimination on the Basis of Disability: Passenger Vessels; 
Proposed Rule

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / 
Proposed Rules

[[Page 69244]]


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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1195

[Docket No. 2004-1]
RIN 3014-AA11


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

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Availability of draft guidelines; notice of hearing.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) has placed in the docket and on its Web site for public 
review and comment draft guidelines which address accessibility to and 
in passenger vessels which are permitted to carry more than 150 
passengers or more than 49 overnight passengers. Comments will be 
accepted on the draft guidelines and the Access Board will consider 
those comments prior to issuing a notice of proposed rulemaking.

DATES: Comments on the draft guidelines must be received by March 28, 
2005. Late comments 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#1262647375527371717761613f2e73327a6077742f" 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#a0d0d6c1c7e0c1c3c3c5d3d38d9cc180c8d2c5c69d" http: board.gov">board.gov</a>">pvag@access-board.gov</a>.

SUPPLEMENTARY INFORMATION: In 1998, the Access Board established a 21-
member Federal 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 provided recommendations on access to 
elements, rooms, spaces, and facilities on passenger vessels and how to 
provide access on and off such vessels.
    The Access Board convened an ad hoc committee of Board members to 
review the PVAAC report. After reviewing the PVAAC report in detail, 
the Board's ad hoc committee prepared draft guidelines addressing 
accessibility to and in passenger vessels which carry more than 150 
passengers or more than 49 overnight passengers. The Access Board is 
making the recommendations of the ad hoc committee available in the 
form of draft guidelines for public review and comment prior to issuing 
a notice of proposed rulemaking. The Board's draft guidelines along 
with supplementary information have been placed in the rulemaking 
docket and on the Board's Web site. The Board will issue a notice of 
proposed rulemaking (NPRM) following a review of comments received.
    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.
    The Board has also drafted a plan for conducting a regulatory 
assessment of the passenger vessels guidelines. The plan provides for 
evaluating the potential impacts of the guidelines on new construction 
of passenger vessels through case studies, and outlines some methods 
for examining the impacts of the guidelines on alterations to passenger 
vessels. The plan is available for public review and the Board invites 
comment on the plan. Also, today the Board published an advance notice 
of proposed rulemaking (ANPRM) in the Federal Register to gather 
information on accessibility to and in smaller passenger vessels. This 
information will assist the Board in developing a proposed rule on 
accessibility guidelines for passenger vessels which carry 150 or fewer 
passengers or 49 or fewer overnight passengers.
    The Department of Transportation (DOT) is conducting a separate 
rulemaking to adopt the Access Board's guidelines as accessibility 
standards for passenger vessels covered by the ADA. The DOT rulemaking 
will also address operational issues related to passenger vessels. DOT 
has issued a separate advance notice of proposed rulemaking (ANPRM) in 
today's Federal Register related to its rulemaking.

Availability of Copies and Electronic Access

    Single copies of the passenger vessels rulemaking (Availability of 
Draft Guidelines, Draft Guidelines and Supplementary Information, Draft 
Plan for Regulatory Assessment, and ANPRM on Access to and in Smaller 
Passenger Vessels) 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. 04-26000 Filed 11-24-04; 8:45 am]
BILLING CODE 8150-01-P


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