DISABILITY AND COMMUNICATION ACCESS BOARD 

919 Ala Moana Boulevard, Room 101 • Honolulu, Hawaii 96814 

Ph. (808) 586-8121 (VATDD) • Fax (808) 586-8129 

September 30, 2010 

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

West Building Ground Floor, Room W12-140 

Washington, D.C. 20590-0001 

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Regarding: Department of Transportation, 49 CFR Part 39, Transportation for 

Individuals with Disabilities: Passenger Vessels; Final Rule 

DOT Docket ID Number OST-2007-26829 

Dear Sir or Madam, 

The Disability and Communication Access Board (DCAB) submits its comments for the U.S. 

Department of Transportation rule to ensure nondiscrimination on the basis of disability by 

passenger vessel operators. DCAB's comments are as follows: 

Emotional Support Animals 

DCAB recommends that the Department of Transportation's final rule have discretion to 

have different provisions specific to passenger vessels that are similar to those presently in 

the Air Carrier Access Act which would require operators of passenger vessels to allow 

access for individuals with disabilities and their emotional support animals. An emotional 

support animal can assist an individual with a severe anxiety disorder in dealing with the 

stressors of traveling on a passenger vessel. 

Mobility Aids 

DCAB recommends that the Department of Transportation's final rule have provisions to 

dWa^ discretion with respect to mobility aids that can be used on passenger vessels. These 

provisions would allow operators greater discretion to permit or refuse the use of a device 

that did or did not meet the definition of a wheelchair for reasons other than safety 

requirements. Such factors may include the design and operational characteristics of a 

vessel and fluctuating vessel passenger volume that may vary at different times of the day, 

week, month or year. 

Passenger Vessels Carrying Passengers that are Not for Hire 

DCAB notes that there appears to be a different interpretation under this final rule and the 

United States coastwise trade laws regarding passenger vessels that are carrying 

passengers that are not for hire on a particular voyage. Under the coastwise trade laws, a 

vessel engaging in coastwise trade that is carrying passengers not for hire is considered to 

be a vessel being used for private recreational purposes at that time. The disparity occurs 

because the Department of Transportation's final rule was not intended to cover passenger 
Docket Management Facility 

U.S. Department of Transportation 

September 30, 2010 

Page 2 

vessels that are being used for voyages that are exclusively for private, personal use. For 

example, a passenger vessel owner or operator that carries passengers for hire during 

weekdays may also use this same vessel on weekends for recreational, personal purposes 

to take friends or family members out for a cruise. When this vessel is being used 

exclusively for recreational purposes it is not considered to be carrying passengers for hire. 

If may be appropriate to offer further clarification as to whether the differing classification of 

a vessel "not for hire" between the Department of Transportation rule and the coastwise law 

will result in any conflict with compliance. 

Thank you for considering our comments. 

Respectfully submitted. 

PETER L. 

Chairperson