Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26125 

1The Access Board is an independent federal 

agency established by section 502 of the 

Rehabilitation Act. See 29 U.S.C. 792. The Access 

Board consists of 13 members appointed by the 

President from the public, a majority of which are 

individuals with disabilities, and the heads of 12 

federal agencies or their designees whose positions 

are Executive Level IV or above. The federal 

agencies are: The Departments of Commerce, 

Defense, Education, Health and Human Services, 

Housing and Urban Development, Interior, Justice, 

Labor, Transportation, and Veterans Affairs; 

General Services Administration; and United States 

Postal Service. 

2 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204. 

3 29 U.S.C. 792(b)(3). 

4 36 CFR part 1191. 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1191 

RIN 3014–AA39 

Americans With Disabilities Act (ADA) 

and Architectural Barriers Act (ABA) 

Accessibility Guidelines; Emergency 

Transportable Housing Units 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Final rule. 

SUMMARY: We, the Architectural and 

Transportation Barriers Compliance 

Board (Access Board), are issuing a final 

rule that amends the Americans with 

Disabilities Act (ADA) and Architectural 

Barriers Act (ABA) Accessibility 

Guidelines to specifically address 

emergency transportable housing units 

provided to disaster survivors by 

entities subject to the ADA or ABA. The 

final rule ensures that the emergency 

transportable housing units are readily 

accessible to and usable by disaster 

survivors with disabilities. The U.S. 

Department of Justice (DOJ) is required 

to update its accessibility standards for 

the design, construction, and alteration 

of facilities (other than certain 

transportation facilities) by entities 

subject to the ADA to be consistent with 

the final rule. The U.S. Department of 

Housing and Urban Development (HUD) 

is required to update its accessibility 

standards for the design, construction, 

and alteration of residential facilities by 

entities subject to the ABA to be 

consistent with the final rule. 

DATES: The final rule is effective June 6, 

2014. Compliance is not required by 

entities subject to the ADA until DOJ 

updates its accessibility standards to be 

consistent with the final rule. 

Compliance is not required by entities 

subject to the ABA until HUD updates 

its accessibility standards to be 

consistent with the final rule. 

The incorporation by reference of 

certain publications listed in the rule 

was approved by the Director of the 

Federal Register as of September 21, 

2004. 

FOR FURTHER INFORMATION CONTACT: 

Marsha Mazz, U.S. Access Board, 1331 

F Street NW., Suite 1000, Washington, 

DC 20004–1111. Telephone numbers: 

(202) 272–0020 (voice) or (202) 272– 

0076 (TTY). Email address: mazz@

access-board.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

1. Executive Summary 

2. Statutory and Regulatory Background 

3. Federal Emergency Management Agency 

(FEMA) 

4. Rulemaking History 

5. Comments on Proposed Rule 

A. Scoping Requirements for Units With 

Mobility Features 

B. Scoping Requirements for Units With 

Communication Features 

C. Needs of Individuals With Chemical and 

Electrical Sensitivities 

6. Discussion of Final Rule 

7. Regulatory Analyses 

In this preamble, ‘‘we,’’ ‘‘our’’ and 

‘‘us’’ refer to the Architectural and 

Transportation Barriers Compliance 

Board (Access Board).1

1. Executive Summary 

Legal Authority and Purpose 

We are required by the Americans 

with Disabilities Act (ADA) and the 

Rehabilitation Act to issue guidelines 

for the accessibility standards adopted 

by the U.S. Department of Justice (DOJ) 

for the design, construction, and 

alteration of facilities (other than certain 

transportation facilities) by entities 

subject to the ADA.2 We are also 

required by the Rehabilitation Act to 

issue guidelines for the accessibility 

standards adopted by the U.S. 

Department of Housing and Urban 

Development (HUD) for the design, 

construction, and alteration of 

residential facilities by entities subject 

to the Architectural Barriers Act (ABA).3

Our current guidelines, the ADA and 

ABA Accessibility Guidelines, were 

issued in 2004.4 This final rule amends 

the ADA and ABA Accessibility 

Guidelines to specifically address 

emergency transportable housing units 

provided to disaster survivors by 

entities subject to the ADA or ABA. 

Compliance is not required by entities 

subject to the ADA until DOJ updates its 

accessibility standards to be consistent 

with the final rule. Compliance is not 

required by entities subject to the ABA 

until HUD updates its accessibility 

standards to be consistent with the final 

rule. 

Summary of Major Provisions 

The final rule applies to entities 

subject to the ADA or ABA that provide 

emergency transportable housing units 

to disaster survivors. Emergency 

transportable housing units are 

prefabricated so they can be deployed 

rapidly in response to disasters. They 

are transported on a single transport 

vehicle over roadways, which results in 

size and space limitations. They provide 

temporary housing for persons whose 

homes have been destroyed or damaged 

by a disaster until they find suitable 

permanent housing. 

Where group sites are developed for 

emergency transportable housing units, 

the final rule requires at least 10 percent 

of the unit pads at each group site to be 

designed and constructed to accept the 

installation of units with mobility 

features for disaster survivors who have 

mobility disabilities, and at least 5 

percent of the total number of units 

installed at each group site to provide 

mobility features. Where emergency 

transportable housing units are installed 

on private sites provided by the 

occupant of the unit, existing 

commercial sites, or military 

installations, the final rule requires 

entities to provide units with mobility 

features as determined by a needs 

assessment conducted by the entity 

providing the units. 

The final rule requires emergency 

transportable housing units with 

mobility features to comply with the 

technical requirements for residential 

dwelling units with mobility features. 

The final rule adds new technical 

requirements for floor surfaces, 

bedrooms, and weather alert systems in 

emergency transportable housing units 

with mobility features. The final rule 

also requires a water spray unit at 

kitchen sinks and a seat in roll-in type 

and transfer type shower compartments 

in emergency transportable housing 

units with mobility features. The final 

rule does not permit the use of platform 

lifts at the primary entrance to 

emergency transportable housing units 

with mobility features. The final rule 

revises existing exceptions and adds 

new exceptions relating to operable 

parts, ramps, grab bars, clear floor space 

at lavatories and kitchen sinks, and 

kitchen work surfaces in emergency 

transportable housing units with 

mobility features. 

The final rule requires entities to 

provide emergency transportable 

housing units with communication 

features for disaster survivors who are 

deaf or have a hearing loss as 

determined by a needs assessment 

conducted by the entity providing the 


pmangrum on DSK3VPTVN1PROD with RULES
26126 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

5 42 U.S.C. 12101 et seq. 

6 42 U.S.C. 12134 and 12186. The U.S. 

Department of Transportation is required to adopt 

accessibility standards for the design, construction, 

and alteration of facilities used to provide 

designated public transportation, commuter rail 

transportation, and intercity rail transportation. 42 

U.S.C. 12149, 12163, and 12164. 

7 42 U.S.C. 4151 et seq. 

8 42 U.S.C. 4153. The Department of Defense and 

United States Postal Service are required to adopt 

accessibility standards for their respective facilities, 

and the General Services Administration is required 

to adopt accessibility standards for all other 

facilities covered by the ABA. 42 U.S.C. 4142, 4154, 

and 4154a. 

9 29 U.S.C. 792(b)(3) and 42 U.S.C. 12204. 

10 29 U.S.C. 792(b)(3). 

11 28 CFR 35.104 and 36.104 (definitions of 2004 

ADAAG and 2010 Standards). 

12 24 CFR 40.4. 13 42 U.S.C. 5121 et seq. 14 42 U.S.C. 5174(b) and (c)(1)(A), and 5192(a)(6). 15 42 U.S.C. 5174(c)(1)(B) and 5192(a)(6). 16The Stafford Act requires the sites to be 

complete with utilities. 42 U.S.C. 5174(d)(1)(a)(i). 

FEMA may provide federal assistance for the 

installation or repairs of utilities at private sites and 

commercial sites when FEMA determines that it 

will provide more cost effective, timely, and 

suitable temporary housing than other types of 

resources. 44 CFR 206.111 and 117(b)(1)(ii)(E). 

17FEMA, National Disaster Housing Strategy, 

January 16, 2009, Annex 4: Disaster Housing 

Community Site Operations at: http://

www.fema.gov/national-disaster-housing-strategyresource-center. 

emergency transportable housing units, 

regardless of the type of site where the 

units are installed. The final rule 

requires emergency transportable 

housing units with communication 

features to provide combination smoke 

alarms and visible notification 

appliances complying with NFPA 72 

National Fire Alarm Code. Where 

weather alert systems are provided in 

emergency transportable housing units, 

the final rule requires weather alert 

systems in units with communication 

features to provide audible and visible 

output. 

Summary of Costs and Benefits 

The Federal Emergency Management 

Agency (FEMA) is the only entity we 

have identified that has recently 

provided emergency transportable 

housing units to disaster survivors. 

FEMA is subject to the ABA. We 

estimated the additional costs for FEMA 

to provide emergency transportable 

housing units that comply with the final 

rule compared to units complying with 

the Uniform Federal Accessibility 

Standards (UFAS). UFAS is the 

accessibility standard adopted by HUD 

for residential facilities covered by the 

ABA. We estimated the additional costs 

under three scenarios. The scenarios do 

not represent actual costs that FEMA 

will incur each year since the number 

of UFAS compliant units deployed by 

FEMA varies from year to year. The first 

scenario is based on the average number 

of UFAS compliant units deployed per 

year by FEMA in response to major 

disasters and emergencies declared by 

the President during the period from 

calendar year 2008 to 2013, which were 

165 UFAS compliant units. Under the 

first scenario, we estimated the 

additional costs to range from $28,425 

to $104,775. The second scenario is 

based on FEMA’s current baseline target 

inventory of 298 UFAS compliant units. 

Under the second scenario, we 

estimated the additional costs to range 

from $51,480 to $189,230. The third 

scenario is based on the approximately 

145,000 emergency transportable 

housing units that FEMA deployed in 

response Hurricanes Katrina and Rita. 

Under the third scenario, we estimated 

the additional costs to range from $2.5 

million to $18.4 million depending on 

whether 10, 15, or 20 percent of the 

units are UFAS compliant. The 

additional costs estimated under the 

second and third scenarios may be 

incurred over more than one year. 

The final rule would benefit disaster 

survivors with disabilities who need 

temporary housing. The benefits are 

difficult to quantify, but include 

important national values recognized in 

Executive Order 13563 such as equity, 

human dignity, and fairness. 

2. Statutory and Regulatory 

Background 

The ADA prohibits discrimination on 

the basis of disability.5 The ADA 

requires facilities constructed or altered 

by state and local governments, and 

public accommodations and commercial 

facilities constructed or altered by 

private entities to be readily accessible 

to and usable by individuals with 

disabilities. DOJ is required to adopt 

accessibility standards for the design, 

construction, and alteration of facilities 

(other than certain transportation 

facilities) by entities subject to the 

ADA.6

The ABA requires facilities 

constructed or altered with federal 

funds and facilities leased by federal 

agencies to be readily accessible to and 

usable by individuals with disabilities.7

HUD is required to adopt accessibility 

standards for the design, construction, 

and alteration of residential facilities by 

entities subject to the ABA.8

We are required by the ADA and the 

Rehabilitation Act to issue guidelines 

for the accessibility standards adopted 

by DOJ for the design, construction, and 

alteration of facilities (other than certain 

transportation facilities) by entities 

subject to the ADA.9 We are also 

required by the Rehabilitation Act to 

issue guidelines for the accessibility 

standards adopted by HUD for the 

design, construction, and alteration of 

residential facilities by entities subject 

to the ABA.10 Our current guidelines, 

the ADA and ABA Accessibility 

Guidelines, were issued in 2004. 

DOJ updated its accessibility 

standards for the design, construction, 

and alteration of facilities (other than 

certain transportation facilities) by 

entities subject to the ADA in 2010. The 

DOJ 2010 standards reference the 2004 

ADA and ABA Accessibility Guidelines 

and include additional requirements.11

HUD adopted UFAS for the design, 

construction, and alteration of 

residential facilities by entities subject 

to the ABA in 1984.12 HUD has not yet 

updated its standards for residential 

facilities to be consistent with the ADA 

and ABA Accessibility Guidelines. 

3. Federal Emergency Management 

Agency (FEMA) 

The final rule applies to entities 

subject to the ADA or ABA that provide 

emergency transportable housing units 

to disaster survivors. FEMA is the only 

entity we have identified that has 

recently provided emergency 

transportable housing units to disaster 

survivors. FEMA is subject to the ABA. 

The Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (Stafford 

Act) authorizes FEMA to provide 

various types of assistance when a major 

disaster or emergency is declared by the 

President.13 When disaster survivors are 

displaced from their pre-disaster 

primary residences as a result of damage 

caused by a major disaster or 

emergency, FEMA may provide them 

financial assistance to rent alternative 

housing.14 When there is an insufficient 

supply of alternative housing, FEMA 

may provide direct assistance by 

purchasing or leasing emergency 

transportable housing units for disaster 

survivors.15 FEMA may install the 

emergency transportable housing units 

on private sites provided for free by the 

occupant of the unit; existing 

commercial sites such as manufactured 

home parks; or group sites developed 

specifically for the units.16 FEMA 

develops group sites on property 

provided by state or local governments 

or property leased by FEMA only when 

private sites and existing commercial 

sites are unable to accommodate the 

need for emergency transportable 

housing units.17

Emergency transportable housing 

units provided by FEMA are currently 

required to comply with UFAS, the 

accessibility standard adopted by HUD 

for residential facilities covered by the 

ABA. UFAS requires 5 percent of the 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26127 

18UFAS 4.1.4(11)(c). 

19FEMA, Recovery Policy (Interim) 9452.1, 

Temporary Housing Units for Eligible Disaster 

Victims with a Disability, October 13, 2006 at: 

http://www.fema.gov/media-library-data/20130726- 

1819-25045-5130/temporary_housing_units_for_

eligible_disaster_victims_with_a_disability__

9452.1_.pdf. See also FEMA, National Disaster 

Housing Strategy, January 16, 2009, Annex 3: 

Summary of Programs for Special Needs and LowIncome Populations, Including Provision of 

Housing Units for Individuals with Disabilities at: 

http://www.fema.gov/national-disaster-housingstrategy-resource-center. 

20FEMA Manufactured Housing Unit Baseline 

Inventory, July 26, 2013 available in the supporting 

documents for the rulemaking at: http://

www.regulations.gov/#!docketDetail;D=ATBCB2012-0004. 

21FEMA, Recovery Policy (Interim) 9452.1, 

Temporary Housing Units for Eligible Disaster 

Victims with a Disability, October 13, 2006 at: 

http://www.fema.gov/media-library-data/20130726- 

1819-25045-5130/temporary_housing_units_for_

eligible_disaster_victims_with_a_disability__

9452.1_.pdf. 

22We included the data provided by FEMA in the 

supporting documents for the rulemaking at: 

http://www.regulations.gov/

#!docketDetail;D=ATBCB-2012-0004. The data is 

organized by the calendar year in which the major 

disaster or emergency was declared. FEMA may 

have provided the emergency transportable housing 

units over more than one calendar year in response 

to a specific major disaster or emergency. 

23 77 FR 36231 (June 18, 2012). 

24Some of the persons who testified at the public 

hearing also submitted written comments. Two of 

the comments were duplicates and one comment 

was a test. 

25Where a facility has 15 or fewer residential 

dwelling units, the scoping requirement applies to 

the total number of residential dwelling units that 

are constructed under a single contract, or are 

developed as a whole, whether or not located on a 

common site. See sections 233.3.1, F233.3.1, and 

F233.4.1 of the ADA and ABA Accessibility 

Guidelines. 

26See 44 CFR part 16 for FEMA’s regulations 

implementing section 504 of the Rehabilitation Act; 

44 CFR part 206 for FEMA’s regulations 

implementing the Stafford Act; and 28 CFR parts 35 

and 36 for DOJ’s regulations implementing Titles II 

and III of the ADA. 

total number of federally owned one 

and two family dwelling units to 

comply with the applicable technical 

requirements.18 When HUD eventually 

updates its standards for residential 

facilities covered by the ABA to be 

consistent with the ADA and ABA 

Accessibility Guidelines, emergency 

transportable housing units provided by 

FEMA will be required to comply with 

the updated HUD standards. 

When disaster survivors apply for 

assistance from FEMA, individuals with 

disabilities are identified and their 

housing needs are assessed.19 FEMA 

maintains a baseline target inventory of 

emergency transportable housing units 

ready to deploy in response to major 

disasters and emergencies based on 

historical usage, lead time to produce 

additional units, and installation 

capacity. FEMA reassesses the baseline 

at the beginning of each hurricane 

season and may readjust it based on 

operational needs, lessons learned, and 

on-going analysis. FEMA’s current 

baseline target inventory is 2,000 units 

and 298 of the units (approximately 15 

percent of the units) are targeted as 

UFAS compliant.20 The actual number 

of emergency transportable housing 

units in the inventory varies as FEMA 

deploys the units to affected areas and 

contracts for the production of 

additional units as needed. Where group 

sites are developed, FEMA policy 

specifies that at least 15 percent of the 

unit pads be designed and constructed 

to accept the installation of UFAS 

compliant units.21 Unit pads that accept 

the installation of UFAS compliant 

units include additional space to install 

an entry ramp to the unit and to provide 

an accessible parking space for the unit. 

FEMA provided us data on the 

number of emergency transportable 

housing units, including UFAS 

compliant units, provided in response 

to 27 major disasters and emergencies 

declared by the President during the 

period from calendar year 2008 to 

2013.22 During this period, FEMA 

provided a total of 9,324 emergency 

transportable housing units, of which 

991 units or 10.6 percent of the total 

units were UFAS compliant. FEMA 

installed approximately 5,568 of the 

units, including about 569 UFAS 

compliant units, on private sites 

provided by occupants of the units. 

FEMA installed approximately 2,258 of 

the units, including about 277 UFAS 

compliant units, on existing commercial 

sites. FEMA installed approximately 

1,395 of the units, including about 135 

UFAS units, on group sites. Although 

10.6 percent of the total number of 

emergency transportable housing units 

provided during this period was UFAS 

compliant, the percentage of UFAS 

compliant units varied widely from 

disaster to disaster by the type of site. 

FEMA informed us that some of the 

UFAS compliant units were provided to 

disaster survivors who do not have 

disabilities due to the lack of inventory 

of standard units. Thus, the actual need 

for UFAS compliant units may be less 

than the data indicate. 

4. Rulemaking History 

In response to issues raised about the 

accessibility of emergency transportable 

housing units provided by FEMA after 

Hurricanes Katrina and Rita, we 

convened an advisory committee in 

2007 to make recommendations for 

amending the ADA and ABA 

Accessibility Guidelines to specifically 

address emergency transportable 

housing units. The advisory committee 

members represented disability 

advocacy organizations, manufacturers 

of emergency transportable housing 

units, standard setting organizations, 

and federal agencies (FEMA, HUD, and 

DOJ). The advisory committee 

submitted a report with 

recommendations to amend the ADA 

and ABA Accessibility Guidelines in 

2008. We issued a proposed rule to 

amend the ADA and ABA Accessibility 

Guidelines based on the advisory 

committee’s report in 2012.23 The 

advisory committee report and proposed 

rule are available at: http://www.accessboard.gov/guidelines-and-standards/

buildings-and-sites/emergencytransportable-housing/background. 

5. Comments on Proposed Rule 

We received 44 comments on the 

proposed rule, including comments 

from 11 persons who testified at a 

public hearing on the proposed rule.24

The comments are available at: http://

www.regulations.gov/

#!docketDetail;D=ATBCB-2012-0004. 

Most of the comments were submitted 

by disability advocacy organizations (17 

comments) and individuals (16 

comments). The manufactured housing 

industry submitted four comments and 

other interested persons submitted four 

comments. The comments generally 

supported the proposed rule, except for 

the scoping requirements for units with 

mobility features and units with 

communication features. Ten 

comments, including one comment that 

was supported by 16 organizations and 

over 100 individuals, recommended that 

units meet the needs of individuals with 

chemical and electrical sensitivities. We 

respond to these comments below. 

A. Scoping Requirements for Units With 

Mobility Features 

The ADA and ABA Accessibility 

Guidelines require at least 5 percent of 

the residential dwelling units in a 

facility to provide mobility features.25

The advisory committee recommended 

alternate scoping requirements for 

emergency transportable housing units 

with mobility features. Where 

emergency transportable housing units 

are installed on private sites provided 

by the occupant of the unit, the advisory 

committee recommended that entities 

provide units with mobility features to 

ensure non-discrimination on the basis 

of disability as prescribed by regulations 

implementing section 504 of the 

Rehabilitation Act, the Stafford Act, and 

the ADA.26 Where emergency 

transportable housing units are installed 

on group sites, the advisory committee 


pmangrum on DSK3VPTVN1PROD with RULES
26128 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

27Advisory Committee Final Report, Consensus 

Recommendations, Item 5: Scoping at: http://

www.access-board.gov/guidelines-and-standards/

buildings-and-sites/emergency-transportablehousing/background. The advisory committee 

noted that FEMA had an inventory of 

approximately 4,000 emergency transportable 

housing units and 10 percent of the units were 

UFAS compliant. 

28 77 FR 36239 (June 18, 2012). 

29See redesignated sections 233.3.1.2.1 and 

F233.4.1.2.1 of the ADA and ABA Accessibility 

Guidelines. 

30FEMA requires a private site feasibility 

inspection to ensure that all necessary utilities are 

operational and that the unit can be installed within 

the space available. 

31See redesignated sections 233.3.1.2.2.1 and 

F233.4.1.2.2.1 of the ADA and ABA Accessibility 

Guidelines. 

32We included the data provided by FEMA on 

group sites in the supporting documents for the 

rulemaking at: http://www.regulations.gov/

#!docketDetail;D=ATBCB-2012-0004. FEMA 

installed emergency transportable housing units on 

17 group sites during the relevant period. Data were 

not available on the number and type of units 

installed at 8 of the group sites. 

33See new section F202.6.5.9 of the ADA and 

ABA Accessibility Guidelines. 

34See redesignated section F233.3.2.2 of the ADA 

and ABA Accessibility Guidelines. 

recommended that 10 percent of the 

units should provide mobility features. 

The advisory committee based this 

recommendation on the number of 

UFAS compliant units that FEMA had 

in its inventory at the time the 

committee issued its report.27 The 

advisory committee did not specifically 

address emergency transportable 

housing units installed on existing 

commercial sites. 

The proposed rule did not specify the 

number of emergency transportable 

housing units with mobility features to 

be provided because the number of 

disaster survivors who need such units 

may vary from disaster to disaster by the 

type of site on which the units are 

installed. Instead, the proposed rule 

adopted the approach recommended by 

the advisory committee for private sites 

to any type of site, and would have 

required entities to provide emergency 

transportable housing units with 

mobility features in accordance with 

regulations implementing section 504 of 

the Rehabilitation Act, the Stafford Act, 

and the ADA. As explained in the 

preamble to the proposed rule, we 

intended entities to provide emergency 

transportable housing units with 

mobility features based on the assessed 

needs of the disaster survivors.28

Some of the disability advocacy 

organizations and individuals who 

commented on the proposed rule 

recommended that 10 percent, 14 

percent, or 15 percent of the total 

number of emergency transportable 

housing units installed on group sites 

should provide mobility features. 

The final rule addresses the different 

types of sites on which emergency 

transportable housing units are 

installed. Where emergency 

transportable housing units are installed 

on private sites provided by the 

occupant of the units, the final rule 

requires entities to provide units with 

mobility features as determined by a 

needs assessment conducted by the 

entity providing the emergency 

transportable housing units.29 This will 

ensure that disaster survivors with a 

disability who want a unit with mobility 

features to be installed on a private site 

that can accommodate the unit are 

provided such a unit.30 Disaster 

survivors prefer to have emergency 

transportable housing units installed on 

the site of their pre-disaster primary 

residence where possible so they can 

remain in their communities and 

supervise the repair or reconstruction of 

their homes. Approximately 60 percent 

of the emergency transportable housing 

units provided by FEMA in response to 

major disasters and emergencies 

declared by the President between 

calendar years 2008 and 2013 were 

installed on private sites provided by 

the occupants of the units. 

Where group sites are developed for 

emergency transportable housing units, 

the final rule requires entities to design 

and construct at least 10 percent of the 

unit pads to accept the installation of 

units with mobility features and to be 

on an accessible route.31 We required a 

minimum number of unit pads at group 

sites to be designed and constructed to 

accept the installation of units with 

mobility features and to be on an 

accessible route because it is more cost 

effective to do so when the group sites 

are initially developed rather than 

altering the unit pads and circulation 

paths after the group sites are 

developed. The scoping requirement for 

unit pads at group sites is a minimum 

requirement and entities that develop 

group sites may exceed the minimum 

requirement. As noted earlier, FEMA 

policy specifies that at least 15 percent 

of the unit pads at group sites be 

designed and constructed to accept the 

installation of UFAS compliant units. 

The final rule also requires at least 5 

percent of the total number of the 

emergency transportable housing units 

installed on group sites to provide 

mobility features. This is consistent 

with the current scoping requirement 

for residential facilities in the ADA and 

ABA Accessibility Guidelines. We did 

not require at least 10 percent of the 

total number of units installed on group 

sites to provide mobility features 

because the data provided by FEMA for 

group sites where emergency 

transportable housing units were 

installed in response to major disasters 

and emergencies declared by the 

President between calendar years 2008 

and 2013 show that less than 10 percent 

of the total number of units installed on 

about half of the group sites were UFAS 

compliant.32 Requiring at least 10 

percent of the total number of units 

installed on group sites to provide 

mobility features would limit FEMA’s 

ability to provide units with mobility 

features at other types of sites based on 

the assessed needs of disaster survivors 

with disabilities. If more units with 

mobility features are needed at private 

sites and existing commercial sites than 

at group sites, requiring at least 10 

percent of the total number of units 

installed on group sites to provide 

mobility features could result in fewer 

units with mobility features being 

available to install at the private sites 

and existing commercial sites. 

Where federal agencies lease space at 

existing commercial sites such as 

manufactured home parks to install 

emergency transportable housing units, 

the final rule requires entities to provide 

units with mobility features as 

determined by a needs assessment 

conducted by the entity providing the 

emergency transportable housing 

units.33 Data provided by FEMA on the 

number of emergency transportable 

housing units installed at existing 

commercial sites in response to major 

disasters and emergencies declared by 

the President between calendar years 

2008 and 2013 show that the percent of 

UFAS compliant units installed at the 

sites varied widely from less than 5 

percent to more than 50 percent. We did 

not specify the number of units with 

mobility features to be installed at 

existing commercial sites because the 

data vary so widely. The number of 

units with mobility features that should 

be installed at existing commercial sites 

is best determined by a needs 

assessment conducted by the entity 

providing the units. 

Where emergency transportable 

housing units are installed on military 

installations, the final rule requires 

units with mobility features to be 

provided as determined by a needs 

assessment conducted by the entity 

providing the units.34 We did not 

require a minimum number of units 

with mobility features to be installed on 

military installations because there are 

no data available on emergency 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26129 

35Where a facility has 15 or fewer residential 

dwelling units, the scoping requirement applies to 

the total number of residential dwelling units that 

are constructed under a single contract, or are 

developed as a whole, whether or not located on a 

common site. See sections 233.3.1, F233.3.1, and 

F233.4.1 of the ADA and ABA Accessibility 

Guidelines. 

36See new section F202.6.5.10 and redesignated 

sections 233.3.2.2, F233.3.2.2, and F233.4.2.2 of the 

ADA and ABA Accessibility Guidelines. 

37 24 CFR 3280.308. 

38 78 FR 34820 (June 10, 2013). 

39The revisions made by the final rule to the 

guidelines do not change the requirements in the 

DOJ 2010 Standards until DOJ adopts the revisions. 

The sections of the DOJ 2010 Standards relating to 

residential facilities are not revised or renumbered. 

See 36 CFR 1191.1, Note 2 to paragraph (a), as 

amended in 78 FR 59493 (September 26, 2013). 

transportable housing units provided on 

military installations. 

B. Scoping Requirements for Units With 

Communication Features 

The ADA and ABA Accessibility 

Guidelines require at least 2 percent of 

the residential dwelling units in a 

facility to provide communication 

features.35 The advisory committee did 

not recommend alternate scoping 

requirements for emergency 

transportable housing units with 

communication features. The proposed 

rule did not specify the number of 

emergency transportable housing units 

with communication features to be 

provided because the number of disaster 

survivors who need such units may vary 

from disaster to disaster by the type of 

site on which the units are installed. 

Instead, the proposed rule would have 

required entities to provide emergency 

transportable housing units with 

communication features in accordance 

with the regulations implementing 

section 504 of the Rehabilitation Act, 

the Stafford Act, and the ADA, similar 

to what we proposed for emergency 

transportable housing units with 

mobility features. 

Some of the disability advocacy 

organizations and individuals who 

commented on the proposed rule 

recommended that 2 percent of the total 

number of emergency transportable 

housing units installed on group sites 

should provide communication features. 

The final rule requires entities to 

provide emergency transportable 

housing units with communication 

features as determined by a needs 

assessment conducted by the entity 

providing the units because the number 

of disaster survivors who need units 

with communication features may vary 

from disaster to disaster by the type of 

site on which the units are installed.36

All the emergency transportable housing 

units provided by FEMA include the 

communication features required by the 

final rule, including combination smoke 

alarms and visual notification 

appliances complying with NFPA 72 

National Fire Alarm Code and weather 

alert systems with audible and visible 

output. 

C. Needs of Individuals With Chemical 

and Electrical Sensitivities 

The advisory committee included a 

member of an organization 

knowledgeable about the needs of 

individuals with chemical and electrical 

sensitivities. The advisory committee 

discussed issues related to the indoor 

environmental quality of emergency 

transportable housing units, but the 

committee concluded that it did not 

have the expertise to address the issues. 

In the proposed rule, we noted that 

FEMA currently requires emergency 

transportable housing units to comply 

with HUD’s Manufactured Home 

Construction and Safety Standards, 

which include formaldehyde emission 

levels for plywood and particle board 

materials installed in the homes.37 The 

Environmental Protection Agency also 

has initiated rulemaking to address 

formaldehyde emissions from composite 

wood products.38

Comments submitted on behalf of 

individuals with chemical and electrical 

sensitivities noted that they experience 

disabling reactions to very low level 

exposures to formaldehyde and other 

volatile organic compounds. They 

recommended that FEMA provide 

emergency transportable housing units 

constructed of porcelain or comparable 

materials for individuals with chemical 

sensitivities. We have shared the 

comments with FEMA to further 

consider how to meet the needs of these 

individuals. 

6. Discussion of Final Rule 

The ADA and ABA Accessibility 

Guidelines are codified as appendices to 

36 CFR part 1191. Appendix A contains 

the Table of Contents. Appendix B 

contains the scoping requirements for 

facilities covered by the ADA. Appendix 

C contains the scoping requirements for 

facilities covered by the ABA. The 

scoping requirements in Appendix C are 

preceded by the letter ‘‘F’’ to distinguish 

them from the scoping requirements in 

Appendix B. Appendix D contains the 

technical requirements for facilities 

covered by the ADA and the ABA. The 

amendments to the ADA and ABA 

Accessibility Guidelines made by the 

final rule are discussed below under the 

applicable appendices.39

The final rule reorganizes and 

renumbers the scoping requirements for 

residential facilities in section 233 in 

Appendix B and section F233 in 

Appendix C, and the technical 

requirements for residential dwelling 

units in section 809 in Appendix D. The 

final rule edits other sections of the 

guidelines that reference the scoping 

requirements for residential facilities in 

sections 233 and F233 and the technical 

requirements for residential dwelling 

units in section 809 to conform to the 

renumbered requirements in those 

sections. The final rule also edits the 

words ‘‘residential facilities’’ in several 

sections of the guidelines to read 

‘‘facilities with residential dwelling 

units.’’ All references to the sections of 

the guidelines in this section of the 

preamble are to the renumbered 

sections. 

There are no revisions to the Table of 

Contents in Appendix A. 

Appendix B to 36 CFR Part 1191— 

Americans With Disabilities Act: 

Scoping; Appendix C to 36 CFR Part 

1191—Architectural Barriers Act: 

Scoping 

Since most of the scoping 

requirements in Appendices B and C are 

the same, the revisions made by the 

final rule to the scoping requirements 

are discussed together. 

105.2.5 NFPA; F105.2.5 NFPA 

These sections incorporate by 

reference the NFPA 72 National Fire 

Alarm Code (1999 and 2002 Editions). 

The final rule edits the references to the 

sections of the guidelines that require 

compliance with the NFPA 72 National 

Fire Alarm Code to conform to the 

renumbered technical requirements for 

residential dwelling units in section 

809. 

106.5 Defined Terms; F106.5 Defined 

Terms 

The final rule adds a definition to 

these sections for the term ‘‘emergency 

transportable housing unit.’’ The term is 

defined to mean a single or multiple 

section prefabricated structure that is 

transportable on a single transport 

vehicle and that can be set-up and 

installed on a temporary site in response 

to an emergency need for temporary 

housing. The definition lists travel 

trailers, park models, manufactured 

housing, and other factory built housing 

among the structures covered by the 

definition. Modular homes that are 

transportable on multiple vehicles and 

are joined together on a site are not 

covered by the definition. The 

definition considers emergency 

transportable housing units as a type of 

residential dwelling unit for the 

purposes of the guidelines. 


pmangrum on DSK3VPTVN1PROD with RULES
26130 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

40Public entities subject to Title II of the ADA are 

required to comply with program accessibility 

requirements in existing facilities. See 28 CFR 

35.150. Private entities subject to Title III of the 

ADA are required to comply with barrier removal 

requirements in existing facilities. See 28 CFR 

36.304. 

F202.6.5.8 Residential Dwelling Units; 

F202.6.5.9 Emergency Transportable 

Housing Units With Mobility Features; 

F202.6.5.10 Emergency Transportable 

Housing Units With Communication 

Features 

The ABA applies to facilities leased 

by federal agencies. In Appendix C, the 

scoping requirements for facilities 

leased by federal agencies are contained 

in section F202.6. There are no scoping 

requirements for leased facilities in 

Appendix B.40 The final rule revises 

section F202.6.5.8 to require residential 

dwelling units, other than emergency 

transportable housing units, leased by 

federal agencies to comply with the 

scoping requirements in F233 for 

residential facilities. The final rule adds 

new sections F202.6.5.9 and F206.5.9.10 

to address emergency transportable 

housing units installed on existing 

commercial sites leased by federal 

agencies. A commercial site is a 

privately-owned facility containing 

factory-built housing that is customarily 

leased for a fee and that is fully 

equipped to accommodate emergency 

transportable housing units. Where 

emergency transportable housing units 

are installed on existing commercial 

sites, sections F202.6.5.9 and 

F206.5.9.10 require entities to provide 

emergency transportable housing units 

with mobility features and emergency 

transportable housing units with 

communication features as determined 

by a needs assessment conducted by the 

entity providing the emergency 

transportable housing units. 

203.8 Residential Facilities; F203.9

Residential Facilities 

These sections contain a general 

exception for facilities with residential 

dwelling units. The exception does not 

require common use areas that do not 

serve residential dwelling units required 

to provide mobility features to comply 

with the scoping requirements or to be 

on an accessible route. The final rule 

revises the exception to also apply to 

common use areas that do not serve 

emergency transportable housing unit 

pads designed and constructed to accept 

the installation of units with mobility 

features. 

205 Operable Parts; F205 Operable 

Parts 

These sections require operable parts 

located on accessible elements and 

accessible routes and in accessible 

rooms and spaces to comply with the 

technical requirements for operable 

parts, including clear floor space, reach 

ranges, and operation. The sections 

contain several exceptions. As 

discussed below, the final rule revises 

Exception 3 and adds Exceptions 9, 10, 

and 11 to the sections. 

Exception 3 (Electrical Outlets in 

Kitchen) 

Where two or more electrical outlets 

are provided in a kitchen above a length 

of counter top that is uninterrupted by 

a sink or appliance, Exception 3 does 

not require one of the outlets to comply 

with the technical requirements for 

operable parts. Kitchens in emergency 

transportable housing units typically 

have fewer electrical outlets than 

kitchens in other types of residential 

dwelling units. The final rule revises 

Exception 3 so that it does not apply to 

emergency transportable housing units 

required to provide mobility features. 

Exception 9 (Residential Dwelling Units 

and Transient Lodging Guest Rooms Not 

Required To Provide Mobility Features) 

The final rule adds Exception 9 for 

residential dwelling units and transient 

lodging guest rooms that are not 

required to provide mobility features. 

Exception 9 clarifies that operable parts 

in these units are not required to 

comply with the technical requirements 

for operable parts. 

Exception 10 (Operable Parts Beneath 

Emergency Transportable Housing 

Units) 

The final rule adds Exception 10 for 

operable parts located beneath the body 

of emergency transportable housing 

units required to provide mobility 

features. These operable parts are 

typically used by service personnel for 

maintenance purposes and are not 

intended to be used by the occupants of 

the emergency transportable housing 

units. Exception 10 does not require 

these operable parts to comply with the 

technical requirements for operable 

parts. 

Exception 11 (Water Shut-Off Valves) 

The final rule adds Exception 11 for 

water shut-off valves. Water shut-off 

valves are typically located beneath 

sinks and toilets, and do not meet the 

technical requirements for clear floor 

space and reach ranges. The proposed 

rule would not have required water-shut 

off valves in emergency transportable 

housing units with mobility features to 

comply with the technical requirements 

for operable parts where a single shutoff valve complying with the technical 

requirements for clear floor space and 

reach ranges is provided for the entire 

unit. The final rule does not require 

water shut-off valves in any type of 

occupancy to comply with the technical 

requirements for operable parts. Since 

we do not know whether it is feasible 

to provide a single water shut-off valve 

in all other occupancies, the final rule 

does not require a single water shut-off 

valve to be provided in order to use 

Exception 11. 

206.2.3 Multi-Story Buildings 

(Exception 4); F206.2.3 Multi-Story 

Buildings (Exception 4) 

The final rule edits the references in 

Exception 4 to these sections to the 

technical requirements for residential 

dwelling units with mobility features to 

conform to the renumbered technical 

requirements in section 809. 

206.4.6 Residential Dwelling Unit 

Primary Entrance; F206.4.6

Residential Dwelling Unit Primary 

Entrance 

The final rule edits these sections to 

reference the technical requirements for 

residential dwelling units with mobility 

features. 

206.5.4 Residential Dwelling Units; 

F206.5.4 Residential Dwelling Units 

The final rule edits the references in 

these sections to the technical 

requirements for residential dwelling 

units with mobility features to conform 

to the renumbered technical 

requirements in section 809. 

206.7 Platform Lifts; F206.7 Platform 

Lifts 

These sections specify where platform 

lifts are permitted as a component of an 

accessible route in new construction. 

The final rule does not permit the use 

of platform lifts at the primary entrance 

to an emergency transportable housing 

unit required to provide mobility 

features. The floor level of emergency 

transportable housing units is elevated 

above the ground. Although safety 

standards require manufactured housing 

to provide a secondary means of escape, 

the secondary means of escape usually 

is not accessible to occupants with 

mobility disabilities. In emergency 

transportable housing units required to 

provide mobility features, the primary 

entrance to the unit is the only 

accessible means of escape for 

occupants with mobility disabilities to 

evacuate the unit in an emergency. 

Platform lifts are not permitted at the 

primary entrance to emergency 

transportable housing units required to 

provide mobility features because the 

time needed to operate a platform lift 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26131 

41See footnote 39. 

and, if necessary, to recall it to the level 

of exit discharge can result in 

unnecessary delays for occupants with 

mobility disabilities evacuating the unit 

in an emergency. 

206.7.6 Guest Rooms and Residential 

Dwelling Units; F206.7.6 Guest Rooms 

and Residential Dwelling Units 

The final rule edits the references in 

these sections to the technical 

requirements for residential dwelling 

units with mobility features to conform 

to the renumbered technical 

requirements in section 809. 

208.2.3 Residential Facilities; F208.2.3

Residential Facilities 

The final rule edits the words 

‘‘residential facilities’’ in these sections 

to read ‘‘facilities with residential 

dwelling units.’’ 

208.2.3.1 Parking for Residents; 

F208.2.3.1 Parking for Residents 

The final rule edits the references in 

these sections to the technical 

requirements for residential dwelling 

units with mobility features to conform 

to the renumbered technical 

requirements in section 809. 

208.3.2 Residential Facilities; F208.3.2

Residential Facilities 

The final rule edits the references in 

these sections to the technical 

requirements for residential dwelling 

units with mobility features to conform 

to the renumbered technical 

requirements in section 809. 

215.5 Residential Dwelling Units; 

F215.5 Residential Dwelling Units 

The final rule edits the references in 

these sections to the technical 

requirements for residential dwelling 

units with communication features to 

conform to the renumbered technical 

requirements in section 809. 

228.2 Mail Boxes; F228.2 Mail Boxes 

The final rule edits the references in 

these sections to the technical 

requirements for residential dwelling 

units with mobility features to conform 

to the renumbered technical 

requirements in section 809. 

233 Residential Facilities; F233

Residential Facilities 

The final rule reorganizes and 

renumbers the provisions in these 

sections as shown below in order to add 

scoping requirements for emergency 

transportable housing units required to 

provide mobility features and for 

emergency transportable housing units 

required to provide communication 

features.41 The final rule also edits the 

references to the technical requirements 

for residential dwelling units with 

mobility features in the provisions to 

conform to the renumbered technical 

requirements in section 809. 

Old sections New sections 

ADA Scoping Requirements 

233 Residential Facilities ....................................................................... 233 Residential Facilities 

233.1 General ........................................................................................ 233.1 General 

233.2 Residential Dwelling Units Provided by Entities Subject to HUD 

Section 504 Regulations.

233.2 Residential Dwelling Units Provided by Entities Subject to HUD 

Section 504 Regulations 

233.3 Residential Dwelling Units Provided by Entities Not Subject to 

HUD Section 504 Regulations.

233.3 Residential Dwelling Units Provided by Entities Not Subject to 

HUD Section 504 Regulations 

233.3.1 Minimum Number: New Construction ....................................... 233.3.1 Residential Dwelling Units with Mobility Features 

233.3.1.1 Residential Dwelling Units with Mobility Features ................. 233.3.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units 

233.3.1.2 Facilities Containing Emergency Transportable Housing 

Units 

233.3.1.2.1 Private Sites Provided by Occupant of Unit 

233.3.1.2.2 Group Sites 

233.3.1.2.2.1 Unit Pads 

233.3.1.2.2.2 Units Installed 

233.3.1.2 Residential Dwelling Units with Communication Features .... 233.3.2 Residential Dwelling Units with Communication Features 

233.3.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units 

233.3.2.2 Facilities Containing Emergency Transportable Housing 

Units 

233.3.2 Residential Dwelling Units for Sale .......................................... 233.3.3 Residential Dwelling Units for Sale 

233.3.3 Additions ................................................................................... 233.3.4 Additions 

233.3.4 Alterations ................................................................................. 233.3.5 Alterations 

233.3.4.1 Alterations to Vacated Buildings ............................................ 233.3.5.1 Alterations to Vacated Buildings 

233.3.4.2 Alterations to Individual Residential Dwelling Units .............. 233.3.5.2 Alterations to Individual Residential Dwelling Units 

233.3.5 Dispersion ................................................................................. 233.3.6 Dispersion 

ABA Scoping Requirements 

F233 Residential Facilities ..................................................................... F233 Residential Facilities 

F233.1 General ...................................................................................... F233.1 General 

F233.2 Residential Dwelling Units Provided by HUD or Through Grant 

or Loan Programs Administered by HUD.

F233.2 Residential Dwelling Units Provided by HUD or Through Grant 

or Loan Programs Administered by HUD 

F233.3 Residential Dwelling Units Provided on Military Installations .... F233.3 Residential Dwelling Units Provided on Military Installations 

F233.3.1 Minimum Number: New Construction ..................................... F233.3.1 Residential Dwelling Units with Mobility Features 

F233.3.1.1 Residential Dwelling Units with Mobility Features ............... F233.3.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units 

F233.3.1.2 Facilities Containing Emergency Transportable Housing 

Units 


pmangrum on DSK3VPTVN1PROD with RULES
26132 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

42The scoping requirements in section 233.3.1 

apply to residential dwelling units provided by 

non-federal entities who are not subject to 

regulations issued by HUD under section 504 of the 

Rehabilitation Act. The scoping requirements in 

section F233.3.1 apply to residential dwelling units 

provided on military installations. The scoping 

requirements in section F233.4.1 apply to 

residential dwelling units provided by federal 

agencies (other than HUD) or by non-federal entities 

through a grant or loan program administered by a 

federal agency (other than HUD). 

43The scoping requirements in section 233.3.2 

apply to residential dwelling units provided by 

non-federal entities who are not subject to 

regulations issued by HUD under section 504 of the 

Rehabilitation Act. The scoping requirements in 

section F233.3.2 apply to residential dwelling units 

provided on military installations. The scoping 

requirements in section F233.4.2 apply to 

residential dwelling units provided by federal 

agencies (other than HUD) or by non-federal entities 

through a grant or loan program administered by a 

federal agency (other than HUD). 

Old sections New sections 

F233.3.1.2 Residential Dwelling Units with Communication Features .. F233.3.2 Residential Dwelling Units with Communication Features 

F233.3.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units 

F233.3.2.2 Facilities Containing Emergency Transportable Housing 

Units 

F233.3.2 Additions ................................................................................. F233.3.3 Additions 

F233.3.3 Alterations ............................................................................... F233.3.4 Alterations 

F233.3.3.1 Alterations to Vacated Buildings .......................................... F233.3.4.1 Alterations to Vacated Buildings 

F233.3.3.2 Alterations to Individual Residential Dwelling Units ............ F233.3.4.2 Alterations to Individual Residential Dwelling Units 

F233.3.4 Dispersion ............................................................................... F233.3.5 Dispersion 

F233.4 Residential Dwelling Units Provided by Other Federal Agencies or Through Grant or Loan Programs Administered by Other Federal Agencies.F233.4 Residential Dwelling Units Provided by Other Federal Agencies or Through Grant or Loan Programs Administered by Other 

Federal Agencies 

F233.4.1 Minimum Number: New Construction ..................................... F233.4.1 Residential Dwelling Units with Mobility Features 

F233.4.1.1 Residential Dwelling Units with Mobility Features ............... F233.4.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units 

F233.4.1.2 Facilities Containing Emergency Transportable Housing 

Units 

F233.4.1.2.1 Private Sites Provided by Occupant of Unit 

F233.4.1.2.2 Group Sites 

F233.4.1.2.2.1 Unit Pads 

F233.4.1.2.2.2 Units Installed 

F233.4.1.2 Residential Dwelling Units with Communication Features .. F233.4.2 Residential Dwelling Units with Communication Features 

F233.4.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units 

F233.4.2.2 Facilities Containing Emergency Transportable Housing 

Units 

F233.4.2 Residential Dwelling Units for Sale ........................................ F233.4.3 Residential Dwelling Units for Sale 

F233.4.3 Additions ................................................................................. F233.4.4 Additions 

F233.4.4 Alterations ............................................................................... F233.4.5 Alterations 

F233.4.4.1 Alterations to Vacated Buildings .......................................... F233.4.5.1 Alterations to Vacated Buildings 

F233.4.4.2 Alterations to Individual Residential Dwelling Units ............ F233.4.5.2 Alterations to Individual Residential Dwelling Units 

F233.4.5 Dispersion ............................................................................... F233.4.6 Dispersion 

233.3.1 Residential Dwelling Units 

With Mobility Features; F233.3.1

Residential Dwelling Units With 

Mobility Features; F233.4.1 Residential 

Dwelling Units With Mobility Features 

These sections contain the scoping 

requirements for residential dwelling 

units with mobility features.42 The 

scoping requirements for facilities that 

do not contain emergency transportable 

housing units are in sections 233.3.1.1, 

F233.3.1.1, and F233.4.1.1, and they are 

not changed. 

233.3.1.2 Facilities Containing 

Emergency Transportable Housing 

Units; F233.4.1.2 Facilities Containing 

Emergency Transportable Housing Units 

These sections contain the scoping 

requirements for emergency 

transportable housing units with 

mobility features installed at facilities 

other than military installations. Where 

emergency transportable housing units 

are installed on private sites provided 

by the occupant of the unit, the final 

rule requires entities to provide units 

with mobility features on the private 

sites as determined by a needs 

assessment conducted by the entity 

providing the units. Where group sites 

are developed for emergency 

transportable housing units, the final 

rule requires at least 10 percent of the 

unit pads to be designed and 

constructed to accept the installation of 

units with mobility features and to be 

on an accessible route, and at least 5 

percent of the total number of units 

installed on the group sites to provide 

mobility features. 

F233.3.1.2 Facilities Containing 

Emergency Transportable Housing Units 

This section contains the scoping 

requirement for emergency 

transportable housing units with 

mobility features installed on military 

installations. The final rule requires 

entities to provide emergency 

transportable housing units with 

mobility features on military 

installations as determined by a needs 

assessment conducted by the entity 

providing the units. 

233.3.2 Residential Dwelling Units 

With Communication Features; F233.3.2

Residential Dwelling Units With 

Communication Features; F233.4.2

Residential Dwelling Units With 

Communication Features 

These sections contain the scoping 

requirements for residential dwelling 

units with communication features.43

The scoping requirements for facilities 

that do not contain emergency 

transportable housing units are in 

sections 233.3.2.1, F233.3.2.1, and 

F233.4.2.1, and they are not changed. 

233.3.1.2 Facilities Containing 

Emergency Transportable Housing 

Units; F233.3.1.2 Facilities Containing 

Emergency Transportable Housing 

Units; F233.4.1.2 Facilities Containing 

Emergency Transportable Housing Units 

These sections contain the scoping 

requirements for emergency 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26133 

44Where the ramp runs and landings are in a 

straight configuration, the landing is approximately 

18 square feet. Where the ramp runs change 

direction at the landings, the landing is 

approximately 40 square feet. 

transportable housing units with 

communication features. The final rule 

requires entities to provide emergency 

transportable housing units with 

communication features as determined 

by a needs assessment conducted by the 

entity providing the units. 

233.3.6 Dispersion (Exception 2); 

F233.3.5 Dispersion (Exception 2); 

F233.4.6 Dispersion (Exception 2) 

The final rule adds Exception 2 to 

these sections. Exception 2 does not 

require emergency transportable 

housing units required to provide 

mobility features to be dispersed among 

the various types of units in the facility 

or to provide choices of units 

comparable to those available to others 

since disaster survivors are provided 

units based on their assessed needs. 

Exception 2 does not exempt emergency 

transportable housing units required to 

provide mobility features from the 

requirement that the units be integrated 

with those available to other residents 

so that disaster survivors with 

disabilities are not segregated at group 

sites. 

Appendix D to 36 CFR Part 1191— 

Technical 

405.2 Slope (Exception 2); 405.6 Rise 

(Exception) 

These sections contain the technical 

requirements for the running slope and 

rise of ramp runs. The running slope of 

ramp runs must not be steeper than 1:12 

and any ramp rise must be 30 inches 

maximum. The floor level of emergency 

transportable housing units is typically 

elevated 36 inches above the ground. To 

comply with the technical requirements, 

entry ramps installed at emergency 

transportable housing units with 

mobility features must have at least two 

ramp runs and an intermediate landing 

between the ramp runs. The entry ramps 

occupy 158 to 180 square feet 

depending on the landing 

configuration.44 The final rule adds 

exceptions to the technical requirements 

that permit a single ramp run with a 

slope not steeper than 1:10 and 36 

inches maximum rise where existing 

physical or site constraints would 

prohibit the installation of an entry 

ramp complying with the slope and rise 

requirements at emergency 

transportable housing units installed on 

private sites provided by the occupant 

of the unit. The exceptions reduce the 

area occupied by the entry ramps to 120 

square feet. The exceptions may enable 

disaster survivors with disabilities who 

need emergency transportable housing 

units with mobility features to have the 

units installed on their private home 

sites where existing physical or site 

constraints may otherwise prohibit the 

installation of an entry ramp complying 

with the technical requirements at the 

unit. Many individuals with disabilities 

have difficulty using ramps with slopes 

steeper than 1:12 and may find entry 

ramps with a 1:10 slope not usable. 

Because individuals with disabilities 

have varying needs and capabilities, the 

concurrence of individuals with 

disabilities who will use the entry 

ramps should be obtained before using 

the exceptions. 

409.1 General 

The final rule edits the references in 

these sections to the technical 

requirements for residential dwelling 

units with mobility features to conform 

to the renumbered technical 

requirements in section 809. 

604.5 Grab Bars (Exception 2) 

Exception 2 to this section permits 

grab bars to not be installed at water 

closets in residential dwelling units 

required to provide mobility features 

provided that the walls are reinforced to 

support future installation of grab bars. 

The final rule revises Exception 2 so 

that it does not apply to emergency 

transportable housing units required to 

provide mobility features since it could 

result in delays in installing grab bars in 

the units. 

606.2 Clear Floor Space (Exception 3) 

This section requires clear floor space 

positioned for a forward approach and 

knee and toe clearance to be provided 

at lavatories and sinks. Exception 3 to 

the section permits readily removable 

cabinetry to be installed under 

lavatories and sinks in residential 

dwelling units required to provide 

mobility features provided that the 

finish floor extends under the cabinetry 

and the walls behind and surrounding 

the cabinetry are finished. The final rule 

revises Exception 3 so that it does not 

apply to emergency transportable 

housing units required to provide 

mobility features. 

606.4 Faucets and Water Spray Units 

The final rule revises this section to 

require a water spray unit to be 

provided at the kitchen sink in 

emergency transportable housing units 

required to provide mobility features so 

individuals with mobility disabilities 

can wash dishes without having to 

reach across the sink to control the 

water flow. 

607.4 Grab Bars (Exception 2) 

Exception 2 to this section permits 

grab bars to not be installed at bathtubs 

in residential dwelling units required to 

provide mobility features provided that 

the walls are reinforced to support 

future installation of grab bars. The final 

rule revises Exception 2 so that it does 

not apply to emergency transportable 

housing units required to provide 

mobility features since it could result in 

delays in installing grab bars in the 

units. 

608.3 Grab Bars (Exception 2) 

Exception 2 to this section permits 

grab bars to not be installed in shower 

compartments in residential dwelling 

units required to provide mobility 

features provided that the walls are 

reinforced to support future installation 

of grab bars. The final rule revises 

Exception 2 so that it does not apply to 

emergency transportable housing units 

required to provide mobility features 

since it could result in delays in 

installing grab bars in the units. 

608.4 Seats (Exception) 

This section requires a folding or nonfolding seat to be provided in transfer 

type shower compartments. An 

exception to the section permits seats to 

not be installed in transfer type shower 

compartments in residential dwelling 

units required to provide mobility 

features provided that the walls are 

reinforced to support future installation 

of seats. The final rule revises the 

exception so that it does not apply to 

emergency transportable housing units 

required to provide mobility features 

since it could result in delays in 

installing seats in transfer type shower 

compartments in the units. The final 

rule also requires a folding seat to be 

provided in roll-in type showers 

provided in emergency transportable 

housing units required to provide 

mobility features. 

804.3 Kitchen Work Surface 

(Exception) 

This section requires at least one work 

surface to be provided at kitchen 

counters in residential dwelling units 

required to provide mobility features. 

The work surface must have a clear floor 

space positioned for a forward 

approach, and knee and toe clearance 

beneath the kitchen counter. The final 

rule adds an exception to the section for 

emergency transportable housing units 

in order to preserve storage space 

beneath kitchen counters in the units. 

The exception does not require work 


pmangrum on DSK3VPTVN1PROD with RULES
26134 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

45See footnote 39. 

surfaces to be provided at kitchen 

counters where a table is provided 

within the kitchen; an electric outlet is 

provided within reach of the table; and 

all the kitchen countertops are 34 inches 

high maximum. The table must comply 

with the technical requirements for 

dining surfaces and work surfaces. 

809 Residential Dwelling Units 

The final rule reorganizes and 

renumbers the technical requirements 

for residential dwelling units in this 

section as shown below.45

Old sections New sections 

809 Residential Dwelling Units .............................................................. 809 Residential Dwelling Units 

809.1 General ........................................................................................ 809.1 General 

809.2 Accessible Routes ....................................................................... 809.2 Residential Dwelling Units with Mobility Features 

809.2.1 Location ..................................................................................... 809.2.1 Accessible Routes 

809.2.1.1 Location 

809.2.1.2 Floor Surfaces 

809.2.2 Turning Space ........................................................................... 809.2.2 Turning Space 

809.3 Kitchen ......................................................................................... 809.2.3 Kitchen 

809.4 Toilet Facilities and Bathing Facilities ......................................... 809.2.4 Toilet Facilities and Bathing Facilities 

809.2.5 Bedrooms in Emergency Transportable Housing Units 

809.2.5.1 Clear Floor Space 

809.2.5.2 Furniture 

809.2.5.3 Lighting Controls 

809.2.6 Weather Alert Systems 

809.5 Residential Dwelling Units with Communication Features .......... 809.3 Residential Dwelling Units with Communication Features 

809.3.1 Alarms 

809.5.1 Building Fire Alarm System ......................................................

809.5.1.1 Alarm Appliances ...................................................................

809.5.1.2 Activation ................................................................................

809.3.1.1 Building Fire Alarm System 

809.5.2 Residential Dwelling Unit Smoke Alarms ................................. 809.3.1.2 Residential Dwelling Unit Smoke Alarms 

809.5.2.1 Activation ................................................................................

809.5.3 Interconnection ..........................................................................

809.5.4 Prohibited Use ..........................................................................

809.3.1.3 Activation 

809.5.5 Residential Dwelling Unit Primary Entrance ............................. 809.3.2 Residential Dwelling Unit Primary Entrance

809.5.5.1 Notification ............................................................................. 809.3.2.1 Notification 

809.5.5.2 Identification ........................................................................... 809.3.2.2 Identification 

809.5.6 Site, Building, or Floor Entrance ............................................... 809.3.3 Site, Building, or Floor Entrance

809.3.4 Weather Alert Systems 

809.2 Residential Dwelling Units With 

Mobility Features 

As discussed below, the final rule 

adds technical requirements to this 

section for floor surfaces, bedrooms, and 

weather alert systems in emergency 

transportable housing units with 

mobility features. 

809.2.1.2 Floor Surfaces 

This section specifies that carpet not 

be provided on floor surfaces in 

emergency transportable housing units 

with mobility features. 

809.2.5 Bedrooms in Emergency 

Transportable Housing Units 

This section requires a clear floor 

space for individuals who use 

wheelchairs and other mobility aids to 

be provided on one side of a bed in 

bedrooms in emergency transportable 

housing units. The clear floor space 

must be positioned for a parallel 

approach to the side of the bed and 

must be on an accessible route. Where 

bedrooms are less than 70 square feet, 

the section specifies that the furniture 

supplied with the unit cannot overlap 

the accessible route, maneuvering 

clearances required at doors, and 

turning space since it is not possible to 

rearrange the furniture in such small 

spaces. The section also requires a 

means to control at least one source of 

lighting from the bed, such as bedside 

lamps, wall switches near the bed, or 

remote control devices that can be 

operated from the bed, so individuals 

with mobility disabilities can safely 

transfer in and out of bed. 

809.2.6 Weather Alert Systems 

Where weather alert systems are 

provided in emergency transportable 

housing units, this section requires the 

operable parts on weather alert systems 

in units with mobility features to 

comply with the technical requirements 

for clear floor space and reach ranges. 

809.3 Residential Dwelling Units With 

Communication Features 

As discussed below, the final rule 

adds technical requirements to this 

section for smoke alarms and weather 

alert systems in residential dwelling 

units with communication features. 

809.3.1.2 Residential Dwelling Unit 

Smoke Alarms 

This section requires residential 

dwelling unit smoke alarms to provide 

combination smoke alarms and visible 

notification appliances. The final rule 

requires combination smoke alarms and 

visible notification appliances to be 

supplied with a commercial light and 

power source along with a secondary 

power source, or a non-commercial 

alternating power source along with a 

secondary power source. This 

requirement is consistent with the 

NFPA 72 National Fire Alarm Code, 

which is referenced in the section. 

809.3.4 Weather Alert Systems 

Where weather alert systems are 

provided in emergency transportable 

housing units, this section requires 

weather alert systems in units with 

communication features to provide 

audible and visible output. 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26135 

46See note 21. 

47See note 22. 

48 GAO, Disaster Housing: FEMA Needs More 

Detailed Guidance and Performance Measures to 

Help Ensure Effective Assistance after Major 

Disasters, August 28, 2009 at: http://www.gao.gov/ 

products/GAO-09-796. 

7. Regulatory Analyses 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) and 

Executive Order 12866 (Regulatory 

Planning and Review) 

The final rule is not a significant 

regulatory action. FEMA is the only 

entity we have identified that has 

recently provided emergency 

transportable housing units to disaster 

survivors and will be affected by the 

final rule. We adhered to the principles 

of regulation in Executive Orders 13563 

and 12866. Among other things, 

Executive Order 13563 directs agencies 

to propose or adopt a regulation only 

upon a reasoned determination that its 

benefits justify its costs; tailor the 

regulation to impose the least burden on 

society, consistent with obtaining the 

regulatory objectives; and, in choosing 

among alternative regulatory 

approaches, select those approaches that 

maximize net benefits. Executive Order 

13563 recognizes that some benefits are 

difficult to quantify and provides that, 

where appropriate and permitted by 

law, agencies may consider and discuss 

qualitatively values that are difficult or 

impossible to quantify, including 

equity, human dignity, fairness, and 

distributive impacts. We discuss the 

costs and benefits of the final rule 

below. 

Costs 

FEMA maintains a baseline target 

inventory of emergency transportable 

housing units ready to deploy in 

response to major disasters and 

emergencies based on historical usage, 

lead time to produce additional units, 

and installation capacity. The baseline 

target inventory is reassessed at the 

beginning of each hurricane season and 

may be readjusted based on operational 

needs, lessons learned, and on-going 

analysis. FEMA’s current baseline target 

inventory is 2,000 units and 298 of the 

units (approximately 15 percent of the 

units) are targeted as UFAS compliant.46

The actual number of emergency 

transportable housing units in the 

inventory varies as FEMA deploys the 

units to disaster areas and contracts for 

the production of additional units as 

needed. 

UFAS is the accessibility standard 

adopted by HUD for residential facilities 

covered by the ABA. The UFAS 

compliant units comply with the 

technical requirements in the final rule 

for units with mobility features, except 

for bedroom lighting controls and water 

spray units at kitchen sinks. FEMA 

estimated, based on input from 

companies that produce emergency 

transportable housing units, that 

bedroom lighting controls will add $60 

and water spray units at kitchen sinks 

will add $75 to the cost of UFAS 

compliant units. All the emergency 

transportable housing units provided by 

FEMA contain the communication 

features required by the final rule, 

including combination smoke alarms 

and visible notification appliances 

complying with NFPA 72 National Fire 

Alarm Code and weather alert systems 

with audible and visible output. FEMA 

will not incur additional costs to 

comply with the technical requirements 

in the final rule for units with 

communication features. 

We assumed that FEMA will provide 

bedroom lighting controls and water 

spray units at kitchen sinks in new 

UFAS compliant units purchased after 

the final rule is issued, and will not wait 

until HUD updates its accessibility 

standards for residential facilities 

covered by the ABA to be consistent 

with the final rule. We estimated the 

additional costs for FEMA to provide 

UFAS compliant units with bedroom 

lighting controls and water spray units 

at kitchen sinks under three scenarios. 

The scenarios do not represent actual 

costs that FEMA will incur each year 

since the number of UFAS compliant 

units deployed by FEMA varies from 

year to year. The scenarios are: 

1. Average Number of UFAS 

Compliant Units Deployed per Year by 

FEMA. FEMA deployed an average of 

165 UFAS compliant units per year in 

response to major disasters and 

emergencies declared by the President 

during the period from calendar year 

2008 to 2013.47 Under the first scenario, 

we estimated the additional costs if 

FEMA deploys an average 165 UFAS 

compliant units per year and replaces 

the inventory with the same number of 

UFAS compliant units. 

2. Baseline Target Inventory of UFAS 

Compliant Units Maintained by FEMA. 

Under the second scenario, we 

estimated the additional costs if FEMA 

deploys the 298 UFAS compliant units 

in its baseline target inventory and 

replaces them with the same number of 

UFAS compliant units. These costs may 

be incurred over more than one year if 

all the UFAS compliant units in the 

inventory are not deployed in a single 

year. 

3. UFAS Compliant Units Deployed in 

Event of Catastrophic Disasters 

Equivalent to Hurricanes Katrina and 

Rita. FEMA provided approximately 

145,000 emergency transportable 

housing units to the survivors of 

Hurricanes Katrina and Rita.48 Under 

the third scenario, we estimated the 

additional costs if FEMA deploys the 

same number of units in the event of 

catastrophic disasters equivalent to 

Hurricanes Katrina and Rita and 10, 15, 

or 20 percent of the units are UFAS 

compliant. These costs may be incurred 

over more than one year depending on 

whether the disasters occur in the early 

part or late part of the year and the time 

needed to produce large numbers of 

units. 

The additional costs for FEMA to 

provide UFAS compliant units with 

bedroom lighting controls and water 

spray units at kitchen sinks under the 

three scenarios are shown in Table 1. 

The additional costs under the first 

scenario (average number of UFAS 

compliant units deployed per year) are 

$22,275. The additional costs under the 

second scenario (replace baseline target 

inventory of UFAS compliant units) are 

$40,230. The additional costs under the 

third scenario (percentage of UFAS 

compliant units deployed in the event 

of catastrophic disasters equivalent to 

Hurricanes Katrina and Rita) range from 

$2 million to $4 million depending on 

whether 10, 15, or 20 percent of the 

units are UFAS compliant. 

TABLE 1—ADDITIONAL COSTS TO PROVIDE BEDROOM LIGHTING CONTROLS AND WATER SPRAY UNITS AT KITCHEN SINKS

IN UFAS COMPLIANT UNITS

Scenario Lighting controls 

($60) 

Water spray 

units 

($75) 

Total costs 

1. Average number of UFAS compliant units deployed per year (165 units) ................. $9,900 $12,375 $22,275 

2. Replace baseline target inventory of UFAS compliant units (298 units) .................... 17,880 22,350 40,230 


pmangrum on DSK3VPTVN1PROD with RULES
26136 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

TABLE 1—ADDITIONAL COSTS TO PROVIDE BEDROOM LIGHTING CONTROLS AND WATER SPRAY UNITS AT KITCHEN SINKS

IN UFAS COMPLIANT UNITS—Continued 

Scenario Lighting controls 

($60) 

Water spray 

units 

($75) 

Total costs 

3. Percentage of UFAS compliant units deployed in catastrophic disasters equivalent 

to Hurricanes Katrina and Rita: 

10% or 14,500 units ................................................................................................. 870,000 1,087,500 1,957,500 

15% or 21,750 units ................................................................................................. 1,305,000 1,631,250 2,936,250 

20% or 29,000 units ................................................................................................. 1,740,000 2,175,000 3,915,000 

The final rule does not allow use of 

the operable parts exception for 

electrical outlets in kitchens in 

emergency transportable housing units 

with mobility features since they 

typically have fewer electrical outlets 

than kitchens in other types of 

residential dwelling units. Where two or 

more electrical outlets are provided 

above a length of countertop that is 

uninterrupted by a sink or appliance, 

the exception does not require one of 

the outlets to comply with the technical 

requirements for operable parts, 

including clear floor space, reach 

ranges, and operation. Kitchen designs 

vary in emergency transportable 

housing units. Depending on the 

kitchen designs, electrical outlets may 

need to be installed in the face of the 

base cabinets to comply with the 

technical requirements for operable 

parts. FEMA estimated, based on input 

from companies that produce 

emergency transportable housing units, 

that installing electrical outlets in the 

face of the base cabinets will add from 

$150 to $500 to the cost of UFAS 

compliant units. The higher estimate 

assumes custom cabinetry is needed. 

We do not have information on the 

various kitchen designs used by 

companies that produce emergency 

transportable housing units. We 

estimated the additional costs for not 

allowing the operable parts exception to 

be used for electrical outlets in kitchens 

in emergency transportable housing 

units with mobility features based on 

assumptions that 25, 50, and 100 

percent of the units provide two or more 

electrical outlets above a length of 

countertop that is uninterrupted by a 

sink or appliance and need to install 

electrical outlets in the face of the base 

cabinets to comply with the technical 

requirements for operable parts. The 

additional costs for not allowing use of 

the operable parts exception under the 

three scenarios described earlier are 

shown in Table 2 as a range of low and 

high estimates. The low estimates 

assume that installing electrical outlets 

in the face of the base cabinets will add 

$150 to the cost of UFAS compliant 

units. The high estimates assume that 

installing electrical outlets in the face of 

the base cabinets will add $500 to the 

cost of UFAS compliant units. The 

additional costs under the first scenario 

(average number of UFAS compliant 

units deployed per year) range from 

$6,150 to $82,500. The additional costs 

under the second scenario (replace 

baseline target inventory of UFAS 

compliant units) range from $11,250 to 

$149,000. The additional costs under 

the third scenario (percentage of UFAS 

compliant units deployed in the event 

of catastrophic disasters equivalent to 

Hurricanes Katrina and Rita) range from 

$543,750 to $14.5 million depending on 

whether 10, 15, or 20 percent of the 

units are UFAS compliant. 

TABLE 2—ADDITIONAL COSTS FOR NOT ALLOWING USE OF OPERABLE PARTS EXCEPTION FOR ELECTRICAL OUTLETS IN

UNITS WITH MOBILITY FEATURES

Scenario 

Percent of UFAS compliant units that need to install electrical outlets 

in the face of base cabinets to comply with the technical requirements 

for operable parts 

25 percent 50 percent 100 percent 

1. Average number of UFAS compliant units deployed per year (165 

units).

Low $6,150 ................

High $20,500 .............

Low $12,450 ..............

High $41,500 .............

Low $24,750. 

High $82,500. 

2. Replace baseline target inventory of UFAS compliant units (298 

units).

Low $11,250 ..............

High $37,500 .............

Low $22,350 ..............

High $74,500 .............

Low $44,700. 

High $149,000. 

3. Percentage of UFAS compliant units deployed in catastrophic disasters equivalent to Hurricanes Katrina and Rita: 

10% or 14,500 units ......................................................................... Low $543,750 ............

High $1,812,500 ........

Low $1,087,500 .........

High $3,625,000 ........

Low $2,175,000. 

High $7,250,000. 

15% or 21,750 units ......................................................................... Low $815,700 ............

High $2,719,000 ........

Low $1,631,250 .........

High $5,437,500 ........

Low $3,262,500. 

High $10,875,000. 

20% or 29,000 units ......................................................................... Low $1,087,500 .........

High $3,625,000 ........

Low $2,175,000 .........

High $7,250,000 ........

Low $4,350,000. 

High $14,500,000. 

The total additional costs to provide 

bedroom lighting controls and water 

spray units at kitchen sinks in UFAS 

compliant units and for not allowing 

use of the operable parts exception for 

electrical outlets in kitchens in 

emergency transportable housing units 

with mobility features are shown in 

Table 3 as a range of low and high 

estimates. The low estimates assume 

that 25 percent of the units provide two 

or more electrical outlets above a length 

of countertop that is uninterrupted by a 

sink or appliance and need electrical 

outlets installed in the face of the base 

cabinets to comply with the technical 

requirements for operable parts at the 

additional cost of $150 per unit. The 

high estimates assume that 100 percent 

of the units provide two or more 

electrical outlets above a length of 

countertop that is uninterrupted by a 

sink or appliance and need electrical 

outlets installed in the face of the base 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26137 

49See note 22. 50 5 U.S.C. 605 (b). 

51 77 FR 36247 (June 18, 2012), Question 8. 

52 42 U.S.C. 4151 et seq. and 42 U.S.C. 12101 et 

seq. 

53 42 U.S.C. 12201 (b). 

cabinets to comply with the technical 

requirements for operable parts at the 

additional cost of $500 per unit. The 

total additional costs under the first 

scenario (average number of UFAS 

compliant units deployed per year) 

range from $28,425 to $104,775. The 

total additional costs under the second 

scenario (replace baseline target 

inventory of UFAS compliant units) 

range from $51,480 to $189,230. The 

total additional costs under the third 

scenario (percentage of UFAS compliant 

units deployed in the event of 

catastrophic disasters equivalent to 

Hurricanes Katrina and Rita) range from 

$2.5 million to $18.4 million depending 

on whether 10, 15, or 20 percent of the 

units are UFAS compliant. 

TABLE 3—TOTAL ADDITIONAL COSTS

Scenario Low estimate High estimate 

1. Average number of UFAS compliant units deployed per year (165 units) ................................................. $28,425 $104,725 

2. Replace baseline target inventory of UFAS compliant units (298 units) .................................................... 51,480 189,230 

3. Percentage of UFAS compliant units deployed in catastrophic disasters equivalent to Hurricanes 

Katrina and Rita: 

10% or 14,500 units ................................................................................................................................. 2,501,250 9,207,500 

15% or 21,750 units ................................................................................................................................. 3,751,950 13,811,250 

20% or 29,000 units ................................................................................................................................. 5,002,500 18,415,000 

Benefits 

The scoping and technical 

requirements for emergency 

transportable housing units with 

mobility features will directly benefit 

disaster survivors with mobility 

disabilities who need temporary 

housing. The number of disaster 

survivors with mobility disabilities who 

need temporary housing will vary from 

disaster to disaster. During the five year 

period from 2008 to 2012, FEMA 

provided a total of 9,324 emergency 

transportable housing units to disaster 

survivors and 991of the units or 10.6 

percent were UFAS compliant.49 The 

number of UFAS compliant units 

provided in response to specific 

disasters ranged from zero to 345 units. 

In the event of catastrophic disasters 

equivalent to Hurricanes Katrina and 

Rita, the number of UFAS compliant 

units would be greater. FEMA provided 

approximately 145,000 emergency 

transportable housing units to the 

survivors Hurricanes Katrina and Rita. If 

FEMA were to provide the same number 

of emergency transportable housing 

units in the event of catastrophic 

disasters equivalent to Hurricanes 

Katrina and Rita and 10 to 20 percent of 

the units were UFAS compliant, there 

would be 14,500 to 29,000 UFAS 

compliant units for disaster survivors 

with mobility disabilities. The benefits 

of the final rule are incremental for 

disaster survivors with mobility 

disabilities since the UFAS compliant 

units comply with the technical 

requirements in the final rule for units 

with mobility features, except for 

bedroom lighting controls and water 

spray units at kitchen sinks. By 

requiring a means to control at least one 

source of lighting in bedrooms from the 

bed, individuals with mobility 

disabilities will be able to safely transfer 

in and out of bed. By requiring water 

spray units at kitchen sinks, individuals 

with mobility disabilities will be able to 

wash dishes without having to reach 

across the sink to control the water flow. 

The final rule also does not allow the 

use of the operable parts exception for 

electrical outlets in kitchens in 

emergency transportable housing units 

with mobility features since they 

typically have fewer outlets than 

kitchens in other types of residential 

dwelling units. These benefits are 

difficult to quantify, but include 

important national values recognized in 

Executive Order 13563 such as equity, 

human dignity, and fairness. 

All the emergency transportable 

housing units provided by FEMA 

contain the communication features 

required by the final rule, including 

combination smoke alarms and visible 

notification appliances complying with 

NFPA 72 National Fire Alarm Code and 

weather alert systems with audible and 

visible output so the final rule has no 

incremental benefits for disaster 

survivors who are deaf or have a hearing 

loss. We do not have data on the 

number of emergency transportable 

housing units provided by FEMA to 

disaster survivors who are deaf or have 

a hearing loss. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires federal agencies to analyze the 

impacts of proposed and final rules on 

small entities, unless the agency 

certifies that the rule will not have a 

significant impact on a substantial 

number of small entities.50 For the 

proposed rule, we certified that the rule 

will not have a significant impact on a 

substantial number of small entities 

because we did not identify any entities 

other than FEMA that provides 

emergency transportable housing units 

to disaster survivors. We requested 

comment in the proposed rule on 

whether any small entities provide 

emergency transportable housing units 

to disaster survivors.51 We did not 

receive any comments indicating that 

small entities provide emergency 

transportable housing units to disaster 

survivors. Accordingly, we certify that 

the final rule will not have a significant 

impact on a substantial number of small 

entities. 

Executive Order 13132 (Federalism) 

The final rule adheres to the 

fundamental federalism principles and 

policy making criteria in Executive 

Order 13132. The final rule is issued 

pursuant to the Americans with 

Disabilities Act (ADA) and Architectural 

Barriers Act (ABA).52 The ADA is civil 

rights legislation that was enacted by 

Congress pursuant to its authority to 

enforce the Fourteenth Amendment to 

the U.S. Constitution and to regulate 

commerce. The ADA prohibits 

discrimination on the basis of disability. 

The ADA requires facilities constructed 

or altered by state and local 

governments, and public 

accommodations and commercial 

facilities constructed or altered by 

private entities to be readily accessible 

to and usable by individuals with 

disabilities. The ADA recognizes the 

authority of state and local governments 

to enact and enforce laws that provide 

for greater or equal protection for the 

rights of individuals with disabilities.53

The ABA requires facilities constructed 

or altered with federal funds and 


pmangrum on DSK3VPTVN1PROD with RULES
26138 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

facilities leased by federal agencies to be 

readily accessible to and usable by 

individuals with disabilities. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

does not apply to proposed or final rules 

that enforce constitutional rights of 

individuals or enforce statutory rights 

that prohibit discrimination on the basis 

of race, color, sex, national origin, age, 

handicap, or disability. Since the final 

rule is issued pursuant to the ADA, 

which prohibits discrimination on the 

basis of disability, an assessment of the 

rule’s effect on state, local, and tribal 

governments, and the private sector is 

not required. 

List of Subjects in 36 CFR Part 1191 

Buildings and facilities, Civil rights, 

Incorporation by reference, Individuals 

with disabilities, Transportation. 

Michael K. Yudin, 

Chair. 

For the reasons stated in the 

preamble, we amend 36 CFR part 1191 

as follows: 

PART 1191—AMERICANS WITH 

DISABILITIES ACT (ADA) 

ACCESSIBILITY GUIDELINES FOR 

BUILDINGS AND FACILITIES; 

ARCHITECTURAL BARRIERS ACT 

(ABA) ACCESSIBILITY GUIDELINES 

■ 1. The authority citation for 36 CFR 

part 1191 continues to read as follows: 

Authority: 29 U.S.C. 792 (b)(3); 42 U.S.C. 

12204. 

■ 2. Amend Appendix B to Part 1191 by: 

■ a. In 105.2.5, revising the section; 

■ b. In 106.5, adding a new definition of 

‘‘Emergency Transportable Housing 

Unit’’ in alphabetical order; 

■ c. In 203.8, revising the section; 

■ d. In 205.1, revising Exception 3 and 

adding new Exceptions 9, 10, and 11; 

■ e. In 206.2.3, revising Exception 4; 

■ f. In 206.4.6, revising the first 

sentence; 

■ g. In 206.5.4, revising the section; 

■ h. In 206.7, adding a new sentence at 

the end of the section; 

■ i. In 206.7.6, revising the section; 

■ j. In 208.2.3, revising the section; 

■ k. In 208.2.3.1, revising the section; 

■ l. In 208.3.2, revising the first 

sentence; 

■ m. In 215.5, revising the section; 

■ n. In 228.2, revising the last sentence; 

■ o. In 233.2, revising the first, second 

and third sentences; 

■ p. In 233.3.1, removing the Exception 

and revising the section; 

■ q. In 233.3.1.1, revising the section; 

■ r. In 233.3.1.2, revising the section; 

■ s. Adding new sections 233.3.1.2.1, 

233.3.1.2.2, 233.3.1.2.2.1, and 

233.3.1.2.2.2; 

■ t. Redesignating sections 233.3.2, 

233.3.3, 233.3.4, 233.3.4.1, 233.3.4.2, 

and 233.3.5 as sections 233.3.3, 233.3.4, 

233.3.5, 233.3.5.1, 233.3.5.2 and 233.3.6, 

respectively; 

■ u. Adding new sections 233.3.2, 

233.3.2.1, and 233.3.2.2; 

■ v. Revising redesignated section 

233.3.4; 

■ w. Revising redesignated sections 

233.3.5, 233.3.5.1, and 233.3.5.2; and 

■ x. Revising redesignated section 

233.3.6, redesignating the unnumbered 

Exception to redesignated section 

233.3.6 as Exception 1, and adding a 

new Exception 2 to redesignated section 

233.3.6. 

The additions and revisions read as 

follows: 

Appendix B to Part 1191—Americans 

With Disabilities Act: Scoping 

* * * * * 

105.2.5 NFPA. Copies of the referenced 

standards may be obtained from the National 

Fire Protection Association, 1 Batterymarch 

Park, Quincy, Massachusetts 02169–7471, 

(http://www.nfpa.org). 

NFPA 72 National Fire Alarm Code, 1999 

Edition (see 702.1, 809.3.1.1, and 809.3.1.2). 

NFPA 72 National Fire Alarm Code, 2002 

Edition (see 702.1, 809.3.1.1, and 809.3.1.2). 

* * * * * 

106 Defined Terms. 

* * * * * 

Emergency Transportable Housing Unit. A 

single or multiple section prefabricated 

structure that is transportable by a single 

transport vehicle and that can be set-up and 

installed on a temporary site in response to 

an emergency need for temporary housing. 

Such structures include, but are not limited 

to, travel trailers, park models, manufactured 

housing, and other factory-built housing. For 

the purposes of this document, emergency 

transportable housing units are considered a 

type of residential dwelling unit. 

* * * * * 

203.8 Residential Facilities. In facilities 

with residential dwelling units, common use 

areas that do not serve residential dwelling 

units required to provide mobility features 

complying with 809.2 or emergency 

transportable housing unit pads designed and 

constructed to accept the installation of units 

with mobility features complying with 809.2 

shall not be required to comply with these 

requirements or to be on an accessible route. 

* * * * * 

205.1 General. * * * 

EXCEPTIONS: * * * 

3. Except within emergency transportable 

housing units required to provide mobility 

features complying with 809.2, where two or 

more outlets are provided in a kitchen above 

a length of counter top that is uninterrupted 

by a sink or appliance, one outlet shall not 

be required to comply with 309. 

* * * * * 

9. Operable parts located within residential 

dwelling units not required to provide 

mobility features complying with 809.2 and 

transient lodging guest rooms not required to 

provide mobility features complying with 

806.2 shall not be required to comply with 

309. 

10. In emergency transportable housing 

units required to provide mobility features 

complying with 809.2, operable parts located 

beneath the unit body shall not be required 

to comply with 309. 

11. Water shut-off valves shall not be 

required to comply with 309. 

* * * * * 

206.2.3 Multi-Story Buildings and 

Facilities. * * * 

EXCEPTIONS: * * * 

4. In facilities with residential dwelling 

units, an accessible route shall not be 

required to connect stories where residential 

dwelling units with mobility features 

required to comply with 809.2, all common 

use areas serving residential dwelling units 

with mobility features required to comply 

with 809.2, and public use areas serving 

residential dwelling units are on an 

accessible route. 

* * * * * 

206.4.6. Residential Dwelling Unit 

Primary Entrance. In residential dwelling 

units required to provide mobility features 

complying with 809.2, at least one primary 

entrance shall comply with 404. * * * 

* * * * * 

206.5.4 Residential Dwelling Units. In 

residential dwelling units required to provide 

mobility features complying with 809.2, all 

doors and doorways providing user passage 

shall comply with 404. 

* * * * * 

206.7 Platform Lifts. * * * In emergency 

transportable housing units, platform lifts 

shall not be used at the primary entrance to 

a unit required to provide mobility features 

complying with 809.2. 

* * * * * 

206.7.6 Guest Rooms and Residential 

Dwelling Units. Platform lifts shall be 

permitted to connect levels within transient 

lodging guest rooms required to provide 

mobility features complying with 806.2 or 

residential dwelling units required to provide 

mobility features complying with 809.2. 

* * * * * 

208.2.3 Residential Facilities. Parking 

spaces provided to serve facilities with 

residential dwelling units shall comply with 

208.2.3. 

* * * * * 

208.2.3.1 Parking for Residents. Where at 

least one parking space is provided for each 

residential dwelling unit, at least one parking 

space complying with 502 shall be provided 

for each residential dwelling unit required to 

provide mobility features complying with 

809.2. 

* * * * * 

208.3.2 Residential Facilities. In facilities 

containing residential dwelling units 

required to provide mobility features 

complying with 809.2, parking spaces 

provided in accordance with 208.2.3.1 shall 

be located on the shortest accessible route to 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26139 

the residential dwelling unit entrance they 

serve. * * * 

* * * * * 

215.5 Residential Dwelling Units. Where 

provided in residential dwelling units 

required to provide communication features 

complying with 809.3, alarms shall comply 

with 702. 

* * * * * 

228.2 Mail Boxes. * * * In facilities with 

residential dwelling units, where mail boxes 

are provided for each residential dwelling 

unit, mail boxes complying with 309 shall be 

provided for each residential dwelling unit 

required to provide mobility features 

complying with 809.2. 

* * * * * 

233.2 Residential Dwelling Units 

Provided by Entities Subject to HUD Section 

504 Regulations. Where facilities with 

residential dwelling units are provided by 

entities subject to regulations issued by the 

Department of Housing and Urban 

Development (HUD) under section 504 of the 

Rehabilitation Act of 1973, as amended, such 

entities shall provide residential dwelling 

units with mobility features complying with 

809.2 in a number required by the applicable 

HUD regulations. Residential dwelling units 

required to provide mobility features 

complying with 809.2 shall be on an 

accessible route as required by 206. In 

addition, such entities shall provide 

residential dwelling units with 

communication features complying with 

809.3 in a number required by the applicable 

HUD regulations. * * * 

* * * * * 

233.3.1 Residential Dwelling Units with 

Mobility Features. Facilities, other than those 

containing emergency transportable housing 

units, shall comply with 233.3.1.1. Facilities 

containing emergency transportable housing 

units shall comply with 233.3.1.2. 

233.3.1.1 Facilities Other Than Those 

Containing Emergency Transportable 

Housing Units. At least 5 percent, but no 

fewer than one, of the total number of 

residential dwelling units, other than 

emergency transportable housing units, in 

the facility shall provide mobility features 

complying with 809.2 and shall be on an 

accessible route as required by 206. 

EXCEPTION: Where facilities contain 15 or 

fewer residential dwelling units, the 

requirements of 233.3.1.1 shall apply to the 

total number of residential dwelling units 

that are constructed under a single contract, 

or are developed as a whole, whether or not 

located on a common site. 

233.3.1.2 Facilities Containing 

Emergency Transportable Housing Units. 

Emergency transportable housing units with 

mobility features shall be provided in 

accordance with 233.3.1.2. 

233.3.1.2.1 Private Sites Provided by 

Occupant of Unit. Where emergency 

transportable housing units are installed on 

private sites provided by the occupant of the 

unit, entities shall provide emergency 

transportable housing units with mobility 

features complying with 809.2 as determined 

by a needs assessment conducted by the 

entity providing the emergency transportable 

housing units. 

233.3.1.2.2 Group Sites. Where group 

sites are developed for the installation of 

emergency transportable housing units, 

entities shall comply with 233.3.1.2.2. 

233.3.1.2.2.1 Unit Pads. At least 10 

percent, but no fewer than one, of the unit 

pads prepared for the installation of 

emergency transportable housing units at 

each group site shall be designed and 

constructed to accept the installation of 

emergency transportable housing units with 

mobility features complying with 809.2 and 

shall be on an accessible route as required by 

206. 

233.3.1.2.2.2 Units Installed. At least 5 

percent, but no fewer than one, of the total 

number of the emergency transportable 

housing units installed at each group site 

shall provide mobility features complying 

with 809.2. 

233.3.2 Residential Dwelling Units with 

Communication Features. Facilities, other 

than those containing emergency 

transportable housing units, shall comply 

with 233.3.2.1. Facilities containing 

emergency transportable housing units shall 

comply with 233.3.2.2. 

233.3.2.1 Facilities Other Than Those 

Containing Emergency Transportable 

Housing Units. At least 2 percent, but no 

fewer than one, of the total number of 

residential dwelling units, other than 

emergency transportable housing units, in 

the facility shall provide communication 

features complying with 809.3. 

EXCEPTION: Where facilities contain 15 or 

fewer residential dwelling units, the 

requirements of 233.3.2.1 shall apply to the 

total number of residential dwelling units 

that are constructed under a single contract, 

or are developed as a whole, whether or not 

located on a common site. 

233.3.2.2 Facilities Containing 

Emergency Transportable Housing Units. 

Entities shall provide emergency 

transportable housing units with residential 

dwelling unit smoke alarms complying with 

809.3.1 and, where weather alert systems are 

provided, with weather alert systems 

complying with 809.3.4 as determined by a 

needs assessment conducted by the entity 

providing the emergency transportable 

housing units. 

* * * * * 

233.3.4 Additions. Where an addition to 

an existing building results in an increase in 

the number of residential dwelling units, the 

requirements of 233.3.1.1 and 233.3.2.1 shall 

apply only to the residential dwelling units 

that are added until the total number of 

residential dwelling units complies with the 

minimum number required by 233.3.1.1 and 

233.3.2.1. Residential dwelling units required 

to comply with 233.3.1.1 shall be on an 

accessible route as required by 206. 

223.3.5 Alterations. Alterations shall 

comply with 233.3.5. 

EXCEPTION: Where compliance with 

809.2.1, 809.2.3, or 809.2.4 is technically 

infeasible, or where it is technically 

infeasible to provide an accessible route to a 

residential dwelling unit, the entity shall be 

permitted to alter or construct a comparable 

residential dwelling unit to comply with 

809.2 provided that the minimum number of 

residential dwelling units required by 

233.3.1.1 and 233.3.2.1, as applicable, is 

satisfied. 

233.3.5.1 Alterations to Vacated 

Buildings. Where a building is vacated for 

the purposes of alteration, and the altered 

building contains more than 15 residential 

dwelling units, at least 5 percent of the 

residential dwelling units shall comply with 

809.2 and shall be on an accessible route as 

required by 206. In addition, at least 2 

percent of the residential dwelling units shall 

comply with 809.3. 

233.3.5.2 Alterations to Individual 

Residential Dwelling Units. In individual 

residential dwelling units, where a bathroom 

or a kitchen is substantially altered, and at 

least one other room is altered, the 

requirements of 233.3.1 shall apply to the 

altered residential dwelling units until the 

total number of residential dwelling units 

complies with the minimum number 

required by 233.3.1.1 and 233.3.2.1. 

Residential dwelling units required to 

comply with 233.3.1.1 shall be on an 

accessible route as required by 206. 

EXCEPTION: Where facilities contain 15 or 

fewer residential dwelling units, the 

requirements of 233.3.1.1 and 233.3.2.1 shall 

apply to the total number of residential 

dwelling units that are altered under a single 

contract, or are developed as a whole, 

whether or not located on a common site. 

233.3.6 Dispersion. Residential dwelling 

units required to provide mobility features 

complying with 809.2 and residential 

dwelling units required to provide 

communication features complying with 

809.3 shall be dispersed among the various 

types of residential dwelling units in the 

facility and shall provide choices of 

residential dwelling units comparable to, and 

integrated with, those available to other 

residents. 

EXCEPTIONS: 1. * * * 

2. Emergency transportable housing units 

required to provide mobility features 

complying with 809.2 shall not be required 

to be dispersed among the various types of 

residential dwelling units in a facility or to 

provide choices of residential dwelling units 

comparable to those available to other 

residents. 

■ 3. Amend Appendix C to Part 1191 by: 

■ a. In F105.2.5, revising the section; 

■ b. In F106.5, adding a new definition 

of ‘‘Emergency Transportable Housing 

Unit’’ in alphabetical order; 

■ c. In F202.6.5.8, revising the section; 

■ d. Adding new F202.6.5.9 and 

F202.6.5.10; 

■ e. In F203.9, revising the section; 

■ f. In F205.1, revising Exception 3 and 

adding new Exceptions 9, 10, and 11; 

■ g. In F206.2.3, revising Exception 3; 

■ h. In F206.4.6, revising the first 

sentence; 

■ i. In F206.5.4, revising the section; 

■ j. In F206.7, adding a new sentence at 

the end of the section; 

■ k. In F206.7.6, revising the section; 

■ l. In F208.2.3, revising the section; 

■ m. In F208.2.3.1, revising the section; 

■ n. In F208.3.2, revising the first 

sentence; 


pmangrum on DSK3VPTVN1PROD with RULES
26140 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

■ o. In F215.5, revising the section; 

■ p. In F228.2, revising the last 

sentence; 

■ q. In F233.3.1, revising the section; 

■ r. In F233.3.1.1, revising the section; 

■ s. In F233.3.1.2, revising the section; 

■ t. Redesignating sections F233.3.2 

F233.3.3.1, F233.3.3.2, F233.3.4, 

F233.4.2, F233.4.3, F233.4.4, F233.4.4.1, 

F233.4.4.2, and F233.4.5 as F233.3.3, 

F233.3.4, F233.3.4.1, F233.3.4.2, 

F233.3.5, F233.4.3, F233.4.4, F233.4.5, 

F233.4.5.1, F233.4.5.2, and F233.4.6, 

respectively; 

■ u. Adding new sections F233.3.2, 

F233.3.2.1, and F233.3.2.2; 

■ v. Revising redesignated F233.3.3; 

■ w. Revising redesignated sections 

F233.3.4, F233.3.4.1, and F233.3.4.2; 

■ x. Revising redesignated section 

F233.3.5, further redesignating the 

unnumbered Exception to redesignated 

section F233.3.5 as Exception 1, and 

add a new Exception 2 to redesignated 

section F233.3.5; 

■ y. In F233.4.1, removing the 

Exception and revising the section; 

■ z. In F233.4.1.1, revising the section; 

■ aa. In F233.4.1.2, revising the section; 

■ bb. Adding new sections F233.4.1.2.1, 

F233.4.1.2.2, F233.4.1.2.2.1, and 

F233.4.1.2.2.2; 

■ cc. Adding new sections F233.4.2, 

F233.4.2.1, and F233.4.2.2; 

■ dd. Revising redesignated section 

F233.4.4; 

■ ee. Revising redesignated sections 

F233.4.5, F233.4.5.1, and F33.4.5.2; and 

■ ff. Revising redesignated section 

F233.4.6, further redesignating the 

unnumbered Exception to redesignated 

section F233.4.6 as Exception 1, and 

adding new Exception 2 to redesignated 

section F233.4.6. 

The additions and revisions read as 

follows: 

Appendix C to Part 1191— 

Architectural Barriers Act: Scoping 

* * * * * 

F105.2.5 NFPA. Copies of the referenced 

standards may be obtained from the National 

Fire Protection Association, 1 Batterymarch 

Park, Quincy, Massachusetts 02169–7471, 

(http://www.nfpa.org). NFPA 72 National 

Fire Alarm Code, 1999 Edition (see 702.1, 

809.3.1.1, and 809.3.1.2). NFPA 72 National 

Fire Alarm Code, 2002 Edition (see 702.1, 

809.3.1.1, and 809.3.1.2). 

* * * * * 

F106.5 Defined Terms. 

* * * * * 

Emergency Transportable Housing Unit. A 

single or multiple section prefabricated 

structure that is transportable by a single 

transport vehicle and that can be set-up and 

installed on a temporary site in response to 

an emergency need for temporary housing. 

Such structures include, but are not limited 

to, travel trailers, park models, manufactured 

housing, and other factory-built housing. For 

the purposes of this document, emergency 

transportable housing units are considered a 

type of residential dwelling unit. 

* * * * * 

F202.6.5.8 Residential Dwelling Units. 

Residential dwelling units, other than 

emergency transportable housing units, shall 

comply with F233. 

F202.6.5.9 Emergency Transportable 

Housing Units with Mobility Features. Where 

emergency transportable housing units are 

installed on existing commercial sites, 

entities shall provide emergency 

transportable housing units with mobility 

features complying with 809.2 as determined 

by a needs assessment conducted by the 

entity providing the emergency transportable 

housing units. 

F202.6.5.10 Emergency Transportable 

Housing Units with Communication 

Features. Where emergency transportable 

housing units are installed on existing 

commercial sites, entities shall provide 

emergency transportable housing units with 

residential dwelling unit smoke alarms 

complying with 809.3.1 and, where weather 

alert systems are provided, with weather alert 

systems complying with 809.3.4 as 

determined by a needs assessment conducted 

by the entity providing the emergency 

transportable housing units. 

* * * * * 

F203.9 Residential Facilities. In facilities 

with residential dwelling units, common use 

areas that do not serve residential dwelling 

units required to provide mobility features 

complying with 809.2 or emergency 

transportable housing unit pads designed and 

constructed to accept the installation of units 

with mobility features complying with 809.2 

shall not be required to comply with these 

requirements or to be on an accessible route. 

* * * * * 

F205.1 General. * * * 

EXCEPTIONS: * * * 

3. Except within emergency transportable 

housing units required to provide mobility 

features complying with 809.2, where two or 

more outlets are provided in a kitchen above 

a length of counter top that is uninterrupted 

by a sink or appliance, one outlet shall not 

be required to comply with 309. 

* * * * * 

9. Operable parts located within residential 

dwelling units not required to provide 

mobility features complying with 809.2 and 

transient lodging guest rooms not required to 

provide mobility features complying with 

806.2 shall not be required to comply with 

309. 

10. In emergency transportable housing 

units required to provide mobility features 

complying with 809.2, operable parts located 

beneath the unit body shall not be required 

to comply with 309. 

11. Water shut-off valves shall not be 

required to comply with 309. 

* * * * * 

F206.2.3 Multi-Story Buildings and 

Facilities. * * * 

EXCEPTIONS: * * * 

3. In facilities with residential dwelling 

units, an accessible route shall not be 

required to connect stories where residential 

dwelling units with mobility features 

required to comply with 809.2, all common 

use areas serving residential dwelling units 

with mobility features required to comply 

with 809.2, and public use areas serving 

residential dwelling units are on an 

accessible route. 

* * * * * 

F206.4.6. Residential Dwelling Unit 

Primary Entrance. In residential dwelling 

units required to provide mobility features 

complying with 809.2, at least one primary 

entrance shall comply with 404. * * * 

* * * * * 

F206.5.4 Residential Dwelling Units. In 

residential dwelling units required to provide 

mobility features complying with 809.2, all 

doors and doorways providing user passage 

shall comply with 404. 

* * * * * 

F206.7 Platform Lifts. * * * In 

emergency transportable housing units, 

platform lifts shall not be used at the primary 

entrance to a unit required to provide 

mobility features complying with 809.2. 

* * * * * 

F206.7.6 Guest Rooms and Residential 

Dwelling Units. Platform lifts shall be 

permitted to connect levels within transient 

lodging guest rooms required to provide 

mobility features complying with 806.2 or 

residential dwelling units required to provide 

mobility features complying with 809.2. 

* * * * * 

F208.2.3 Residential Facilities. Parking 

spaces provided to serve facilities with 

residential dwelling units shall comply with 

F208.2.3. 

* * * * * 

F208.2.3.1 Parking for Residents. Where 

at least one parking space is provided for 

each residential dwelling unit, at least one 

parking space complying with 502 shall be 

provided for each residential dwelling unit 

required to provide mobility features 

complying with 809.2. 

* * * * * 

F208.3.2 Residential Facilities. In 

facilities containing residential dwelling 

units required to provide mobility features 

complying with 809.2, parking spaces 

provided in accordance with F208.2.3.1 shall 

be located on the shortest accessible route to 

the residential dwelling unit entrance they 

serve. * * * 

* * * * * 

F215.5 Residential Dwelling Units. 

Where provided in residential dwelling units 

required to provide communication features 

complying with 809.3, alarms shall comply 

with 702. 

* * * * * 

F228.2 Mail Boxes. * * * In facilities 

with residential dwelling units, where mail 

boxes are provided for each residential 

dwelling unit, mail boxes complying with 

309 shall be provided for each residential 

dwelling unit required to provide mobility 

features complying with 809.2. 

* * * * * 

F233.2 Residential Dwelling Units 

Provided by HUD or Through Grant or Loan 

Programs Administered by HUD. Where 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26141 

facilities with residential dwelling units are 

provided by the Department of Housing and 

Urban Development (HUD), or through a 

grant or loan program administered by HUD, 

residential dwelling units with mobility 

features complying with 809.2 shall be 

provided in a number required by the 

regulations issued by HUD under Section 504 

of the Rehabilitation Act of 1973, as 

amended. Residential dwelling units 

required to provide mobility features 

complying with 809.2 shall be on an 

accessible route as required by F206. In 

addition, residential dwelling units with 

communication features complying with 

809.3 shall be provided in a number required 

by the applicable HUD regulations. * * * 

* * * * * 

F233.3.1 Residential Dwelling Units with 

Mobility Features. Facilities on military 

installations containing residential dwelling 

units, other than emergency transportable 

housing units, shall comply with F233.3.1.1. 

Facilities on military installations containing 

emergency transportable housing units shall 

comply with F233.3.1.2. 

F233.3.1.1 Facilities Other Than Those 

Containing Emergency Transportable 

Housing Units. At least 5 percent, but no 

fewer than one, of the total number of 

residential dwelling units, other than 

emergency transportable housing units, in 

the facility shall provide mobility features 

complying with 809.2 and shall be on an 

accessible route as required by F206. 

F233.3.1.2 Facilities Containing 

Emergency Transportable Housing Units. 

Entities shall provide emergency 

transportable housing units with mobility 

features complying with 809.2 as determined 

by a needs assessment conducted by the 

entity providing the emergency transportable 

housing units. 

F233.3.2 Residential Dwelling Units with 

Communication Features. Facilities on 

military installations, other than those 

containing emergency transportable housing 

units, shall comply with F233.3.2.1. 

Facilities on military installations containing 

emergency transportable housing units shall 

comply with F233.3.2.2. 

F233.3.2.1 Facilities Other Than Those 

Containing Emergency Transportable 

Housing Units. At least 2 percent, but no 

fewer than one, of the total number of 

residential dwelling units, other than 

emergency transportable housing units, in 

the facility shall provide communication 

features complying with 809.3. 

F233.3.2.2 Facilities Containing 

Emergency Transportable Housing Units. 

Entities shall provide emergency 

transportable housing units with residential 

dwelling unit smoke alarms complying with 

809.3.1 and, where weather alert systems are 

provided, with weather alert systems 

complying with 809.3.4 as determined by a 

needs assessment conducted by the entity 

providing the emergency transportable 

housing units. 

F233.3.3 Additions. Where an addition to 

an existing building results in an increase in 

the number of residential dwelling units, the 

requirements of F233.3.1.1 and F233.3.2.1 

shall apply only to the residential dwelling 

units that are added until the total number 

of residential dwelling units complies with 

the minimum number required by F233.3.1.1 

and F233.3.2.1. Residential dwelling units 

required to comply with F233.3.1.1 shall be 

on an accessible route as required by F206. 

F223.3.4 Alterations. Alterations shall 

comply with F233.3.4. 

EXCEPTION: Where compliance with 

809.2.1, 809.2.3, or 809.2.4 is technically 

infeasible, or where it is technically 

infeasible to provide an accessible route to a 

residential dwelling unit, the entity shall be 

permitted to alter or construct a comparable 

residential dwelling unit to comply with 

809.2 provided that the minimum number of 

residential dwelling units required by 

F233.3.1.1 and F233.3.2.1, as applicable, is 

satisfied. 

F233.3.4.1 Alterations to Vacated 

Buildings. Where a building is vacated for 

the purposes of alteration, at least 5 percent 

of the residential dwelling units shall comply 

with 809.2 and shall be on an accessible 

route as required by 206. In addition, at least 

2 percent of the residential dwelling units 

shall comply with 809.3. 

F233.3.4.2 Alterations to Individual 

Residential Dwelling Units. In individual 

residential dwelling units, where a bathroom 

or a kitchen is substantially altered, and at 

least one other room is altered, the 

requirements of F233.3.1 shall apply to the 

altered residential dwelling units until the 

total number of residential dwelling units 

complies with the minimum number 

required by F233.3.1.1 and F233.3.2.1. 

Residential dwelling units required to 

comply with F233.3.1.1 shall be on an 

accessible route as required by 206. 

F233.3.5 Dispersion. Residential dwelling 

units required to provide mobility features 

complying with 809.2 and residential 

dwelling units required to provide 

communication features complying with 

809.3 shall be dispersed among the various 

types of residential dwelling units in the 

facility and shall provide choices of 

residential dwelling units comparable to, and 

integrated with, those available to other 

residents. 

EXCEPTIONS: 1. * * * 

2. Emergency transportable housing units 

required to provide mobility features 

complying with 809.2 shall not be required 

to be dispersed among the various types of 

residential dwelling units in a facility or to 

provide choices of residential dwelling units 

comparable to those available to other 

residents. 

* * * * * 

F233.4.1 Residential Dwelling Units with 

Mobility Features. Facilities, other than those 

containing emergency transportable housing 

units, shall comply with F233.4.1.1. 

Facilities containing emergency transportable 

housing units shall comply with F233.4.1.2. 

F233.4.1.1 Facilities Other Than Those 

Containing Emergency Transportable 

Housing Units. At least 5 percent, but no 

fewer than one, of the total number of 

residential dwelling units, other than 

emergency transportable housing units, in 

the facility shall provide mobility features 

complying with 809.2 and shall be on an 

accessible route as required by F206. 

EXCEPTION: Where facilities contain 15 or 

fewer residential dwelling units, the 

requirements of F233.4.1.1 shall apply to the 

total number of residential dwelling units 

that are constructed under a single contract, 

or are developed as a whole, whether or not 

located on a common site. 

F233.4.1.2 Facilities Containing 

Emergency Transportable Housing Units. 

Emergency transportable housing units with 

mobility features shall be provided in 

accordance with F233.4.1.2. 

F233.4.1.2.1 Private Sites Provided by 

Occupant of Unit. Where emergency 

transportable housing units are installed on 

private sites provided by the occupant of the 

unit, entities shall provide emergency 

transportable housing units with mobility 

features complying with 809.2 as determined 

by a needs assessment conducted by the 

entity providing the emergency transportable 

housing units. 

F233.4.1.2.2 Group Sites. Where group 

sites are developed for the installation of 

emergency transportable housing units, 

entities shall comply with 233.3.1.2.2. 

F233.4.1.2.2.1 Unit Pads. At least 10 

percent, but no fewer than one, of the unit 

pads prepared for the installation of 

emergency transportable housing units at 

each group site shall be designed and 

constructed to accept the installation of 

emergency transportable housing units with 

mobility features complying with 809.2 and 

shall be on an accessible route as required by 

F206. 

F233.4.1.2.2.2 Units Installed. At least 5 

percent, but no fewer than one, of the total 

number of the emergency transportable 

housing units installed at each group site 

shall provide mobility features complying 

with 809.2. 

F233.4.2 Residential Dwelling Units with 

Communication Features. Facilities, other 

than those containing emergency 

transportable housing units, shall comply 

with F233.4.2.1. Facilities containing 

emergency transportable housing units shall 

comply with F233.4.2.2. 

F233.4.2.1 Facilities Other Than Those 

Containing Emergency Transportable 

Housing Units. At least 2 percent, but no 

fewer than one, of the total number of 

residential dwelling units, other than 

emergency transportable housing units, in 

the facility shall provide communication 

features complying with 809.3. 

EXCEPTION: Where facilities contain 15 or 

fewer residential dwelling units, the 

requirements of F233.4.2.1 shall apply to the 

total number of residential dwelling units 

that are constructed under a single contract, 

or are developed as a whole, whether or not 

located on a common site. 

F233.4.2.2 Facilities Containing 

Emergency Transportable Housing Units. 

Entities shall provide emergency 

transportable housing units with residential 

dwelling unit smoke alarms complying with 

809.3.1 and, where weather alert systems are 

provided, with weather alert systems 

complying with 809.3.4 as determined by a 

needs assessment conducted by the entity 

providing the emergency transportable 

housing units. 

* * * * * 

F233.4.4 Additions. Where an addition to 

an existing building results in an increase in 


pmangrum on DSK3VPTVN1PROD with RULES
26142 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

the number of residential dwelling units, the 

requirements of F233.4.1.1 and F233.4.2.1 

shall apply only to the residential dwelling 

units that are added until the total number 

of residential dwelling units complies with 

the minimum number required by F233.4.1.1 

and F233.4.2.1. Residential dwelling units 

required to comply with F233.4.1.1 shall be 

on an accessible route as required by F206. 

F233.4.5 Alterations. Alterations shall 

comply with F233.4.5. 

EXCEPTION: Where compliance with 

809.2.1, 809.2.2, or 809.2.3 is technically 

infeasible, or where it is technically 

infeasible to provide an accessible route to a 

residential dwelling unit, the entity shall be 

permitted to alter or construct a comparable 

residential dwelling unit to comply with 

809.2 provided that the minimum number of 

residential dwelling units required by 

F233.4.1.1 and F233.4.2.1, as applicable, is 

satisfied. 

F233.4.5.1 Alterations to Vacated 

Buildings. Where a building is vacated for 

the purposes of alteration, and the altered 

building contains more than 15 residential 

dwelling units, at least 5 percent of the 

residential dwelling units shall comply with 

809.2 and shall be on an accessible route as 

required by F206. In addition, at least 2 

percent of the residential dwelling units shall 

comply with 809.3. 

F233.4.5.2 Alterations to Individual 

Residential Dwelling Units. In individual 

residential dwelling units, where a bathroom 

or a kitchen is substantially altered, and at 

least one other room is altered, the 

requirements of F233.4.1 shall apply to the 

altered residential dwelling units until the 

total number of residential dwelling units 

complies with the minimum number 

required by F233.4.1.1 and F233.4.2.1. 

Residential dwelling units required to 

comply with F233.4.1.1 shall be on an 

accessible route as required by F206. 

EXCEPTION: Where facilities contain 15 or 

fewer residential dwelling units, the 

requirements of F233.4.1.1 and F233.4.2.1 

shall apply to the total number of residential 

dwelling units that are altered under a single 

contract, or are developed as a whole, 

whether or not located on a common site. 

F233.4.6 Dispersion. Residential dwelling 

units required to provide mobility features 

complying with 809.2 and residential 

dwelling units required to provide 

communication features complying with 

809.3 shall be dispersed among the various 

types of residential dwelling units in the 

facility and shall provide choices of 

residential dwelling units comparable to, and 

integrated with, those available to other 

residents. 

EXCEPTIONS: 1. * * * 

2. Emergency transportable housing units 

required to provide mobility features 

complying with 809.2 shall not be required 

to be dispersed among the various types of 

residential dwelling units in a facility or to 

provide choices of residential dwelling units 

comparable to those available to other 

residents. 

■ 4. Amend Appendix D to Part 1191 

by: 

■ a. In 405.2, redesignating the 

unnumbered Exception as Exception 1 

and adding new Exception 2; 

■ b. In 405.6, adding a new Exception; 

■ c. In 409.1, revising the first sentence; 

■ d. In 604.5, revising Exception 2; 

■ e. In 606.2, revising Exception 3; 

■ f. In 606.4, adding a sentence at the 

end of the section; 

■ g. In 607.4, revising Exception 2; 

■ h. In 608.3, revising Exception 2; 

■ i. In 608.4, revising the second 

sentence and Exception; 

■ j. In 804.3, revising the section; 

■ k. In 809.1, revising the second and 

third sentences; 

■ l. Redesignating sections 809.2 and 

809.2.1 as 809.2.1 and 809.2.1.1, 

respectively; adding new section 809.2; 

revising redesignated section 809.2.1 

and the first sentence of redesignated 

section 809.2.1.1; and adding new 

section 809.2.1.2; 

■ m. Redesignating sections 809.3 and 

809.4 as 809.2.3 and 809.2.4, 

respectively, and adding new sections 

809.2.5, 809.2.5.1, 809.2.5.2, 809.2.5.3, 

and 809.2.6; 

■ n. Redesignating section 809.5 as 

809.3; revising redesignated section 

809.3; and adding new sections 809.3.1, 

809.3.1.1, 809.3.1.2, and 809.3.1.3; 

■ o. Removing sections 809.5.1, 

809.5.1.1, 809.5.1.2, 809.5.2, 809.5.2.1, 

809.5.3, and 809.5.4; 

■ p. Redesignating sections 809.5.5, 

809.5.5.1, 809.5.5.2, and 809.5.6 as 

809.3.2, 809.3.2.1, 809.3.2.2, and 

809.3.3, respectively, and revising 

redesignated section 809.3.2; and 

■ q. Adding new section 809.3.4. 

The additions and revisions read as 

follows: 

APPENDIX D TO PART 1191— 

TECHNICAL 

* * * * * 

405.2 Slope. * * * 

EXCEPTIONS: 1. * * * 

2. For emergency transportable housing 

units installed on private sites provided by 

the occupant of the unit, where existing 

physical or site constraints prohibit the 

installation of an entry ramp complying with 

405.2, ramps shall be permitted to provide a 

single ramp run with a slope no steeper than 

1:10 provided that the maximum rise of all 

ramp runs serving the unit entrance is not 

greater than 36 inches (915 mm). 

* * * * * 

405.6 Rise. * * * 

EXCEPTION: For emergency transportable 

housing units installed on private sites 

provided by the occupant of the unit, where 

existing physical or site constraints prohibit 

the installation of an entry ramp complying 

with 405.6, ramps shall be permitted to 

provide a single ramp run with a rise 36 

inches (915 mm) maximum. 

* * * * * 

409.1 General. Private residence elevators 

that are provided within a residential 

dwelling unit required to provide mobility 

features complying with 809.2 shall comply 

with 409 and with ASME A17.1 

(incorporated by reference, see ‘‘Referenced 

Standards’’ in Chapter 1). * * * 

* * * * * 

604.5 Grab Bars. * * * 

EXCEPTIONS: * * * 

2. In residential dwelling units, other than 

emergency transportable housing units 

required to provide mobility features 

complying with 809.2, grab bars shall not be 

required to be installed in toilet or bathrooms 

provided that reinforcement has been 

installed in walls and located so as to permit 

the installation of grab bars complying with 

604.5. 

* * * * * 

606.2 Clear Floor Space. * * * 

EXCEPTIONS: * * * 

3. In residential dwelling units, other than 

emergency transportable housing units 

required to provide mobility features 

complying with 809.2, cabinetry shall be 

permitted under lavatories and kitchen sinks 

provided that all of the following conditions 

are met: 

(a) The cabinetry can be removed without 

removal or replacement of the fixture; 

(b) The finish floor extends under the 

cabinetry; and 

(c) The walls behind and surrounding the 

cabinetry are finished. 

* * * * * 

606.4 Faucets and Water Spray Units. 

* * * A water spray unit shall be provided 

at the kitchen sink in emergency 

transportable housing units required to 

provide mobility features complying with 

809.2. 

* * * * * 

607.4 Grab Bars. * * * 

EXCEPTIONS: * * * 

2. In residential dwelling units, other than 

emergency transportable housing units 

required to provide mobility features 

complying with 809.2, grab bars shall not be 

required to be installed in bathtubs located 

in bathing facilities provided that 

reinforcement has been installed in walls and 

located so as to permit the installation of grab 

bars complying with 607.4. 

* * * * * 

608.3 Grab Bars. * * * 

EXCEPTIONS: * * * 

2. In residential dwelling units, other than 

emergency transportable housing units 

required to provide mobility features 

complying with 809.2, grab bars shall not be 

required to be installed in showers located in 

bathing facilities provided that reinforcement 

has been installed in walls and located so as 

to permit the installation of grab bars 

complying with 608.3. 

* * * * * 

608.4 Seats. * * * A folding seat shall be 

provided in roll-in type showers required in 

transient lodging guest rooms with mobility 

features complying with 806.2 and in roll-in 

type showers provided in emergency 

transportable housing units required to 

provide mobility features complying with 

809.2. * * * 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26143 

EXCEPTION: In residential dwelling units, 

other than emergency transportable housing 

units, seats shall not be required in transfer 

type shower compartments provided that 

reinforcement has been installed in walls so 

as to permit the installation of seats 

complying with 608.4. 

* * * * * 

804.3 Kitchen Work Surface. In 

residential dwelling units required to provide 

mobility features complying with 809.2, at 

least one 30 inch (760 mm) wide minimum 

section of counter shall provide a kitchen 

work surface that complies with 804.3. 

EXCEPTION: In emergency transportable 

housing units, a work surface complying 

with 804.3 shall not be required provided 

that the following criteria are met: 

(a) A kitchen table complying with 902 is 

provided within the kitchen; 

(b) An electrical outlet is provided at a 

location within reach of the table; and 

(c) All kitchen countertops are 34 inches 

high maximum. 

* * * * * 

809.1 General. * * * Residential 

dwelling units required to provide mobility 

features shall comply with 809.2. Residential 

dwelling units required to provide 

communication features shall comply with 

809.3. 

* * * * * 

809.2 Residential Dwelling Units with 

Mobility Features. Residential dwelling units 

required to provide mobility features shall 

comply with 809.2 

809.2.1 Accessible Routes. Accessible 

routes complying with Chapter 4 shall be 

provided within residential dwelling units in 

accordance with 809.2.1. 

Exception: * * * 

809.2.1.1 Location. At least one 

accessible route shall connect all spaces and 

elements that are a part of the residential 

dwelling unit. * * * 

809.2.1.2 Floor Surfaces. Within 

emergency transportable housing units, 

carpet shall not be provided on floor 

surfaces. 

* * * * * 

809.2.5 Bedrooms in Emergency 

Transportable Housing Units. Bedrooms in 

emergency transportable housing units shall 

comply with 809.2.5. 

809.2.5.1 Clear Floor Space. A clear floor 

space complying with 305 shall be provided 

on one side of a bed. The clear floor space 

shall be positioned for parallel approach to 

the side of the bed and shall be on an 

accessible route. 

809.2.5.2 Furniture. Where bedrooms are 

less than 70 square feet, furniture supplied 

with the unit shall not overlap the accessible 

route, maneuvering clearances required at 

doors, and turning space. 

809.2.5.3 Lighting Controls. A means to 

control at least one source of bedroom 

lighting from the bed shall be provided. 

809.2.6 Weather Alert Systems. Where 

provided in emergency transportable housing 

units, weather alert systems shall comply 

with 309.1 through 309.3. 

809.3 Residential Dwelling Units with 

Communication Features. Residential 

dwelling units required to provide 

communication features shall comply with 

809.3. 

809.3.1 Alarms. Alarms shall comply and 

809.3.1. The same visible notification 

appliances shall be permitted to provide 

notification of building fire alarm and 

residential dwelling unit smoke alarm 

activation. Visible notification appliances 

used to indicate building fire alarm or 

residential dwelling unit smoke alarm 

activation shall not be used for any other 

purpose within the residential dwelling unit. 

809.3.1.1 Building Fire Alarm System. 

Where a building fire alarm system is 

provided, the system wiring shall be 

extended to a point within the residential 

dwelling unit in the vicinity of the 

residential dwelling unit smoke alarm 

system. Notification appliances provided 

within a residential dwelling unit as part of 

the building fire alarm system shall comply 

with NFPA 72 (1999 or 2002 edition) 

(incorporated by reference, see ‘‘Referenced 

Standards’’ in Chapter 1). 

809.3.1.2 Residential Dwelling Unit 

Smoke Alarms. Residential dwelling unit 

smoke alarms shall provide combination 

smoke alarms and visible notification 

appliances complying with NFPA 72 (1999 or 

2002 edition) (incorporated by reference, see 

‘‘Referenced Standards’’ in Chapter 1). 

Combination smoke alarms and visible 

notification appliances shall be supplied 

with power from one or more power sources 

as follows: 

(a) A commercial light and power source 

along with a secondary power source; or 

(b) A non-commercial alternating current 

(ac) power source along with a secondary 

power source. 

809.3.1.3 Activation. All visible 

notification appliances within the residential 

dwelling unit providing notification of a 

building fire alarm shall be activated upon 

activation of the building fire alarm in the 

portion of the building containing the 

residential dwelling unit. All combination 

smoke alarms and visible notification 

appliances within the residential dwelling 

unit shall be activated upon smoke detection. 

809.3.2 Residential Dwelling Unit 

Primary Entrance. Communication features 

shall be provided at the residential dwelling 

unit primary entrance and shall comply with 

809.3.2. 

* * * * * 

809.3.4 Weather Alert Systems. Where 

provided in emergency transportable housing 

units, weather alert systems shall provide 

audible and visual output. 

[FR Doc. 2014–10162 Filed 5–6–14; 8:45 am] 

BILLING CODE 8150–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0814; FRL–9910–42– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Region 4 

States; Visibility Protection 

Infrastructure Requirements for the 

1997 and 2006 Fine Particulate Matter 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve submissions from Alabama, 

Georgia, Kentucky, Mississippi, North 

Carolina, South Carolina, and Tennessee 

for inclusion into each state’s respective 

state implementation plan (SIP). This 

action pertains to Clean Air Act (CAA 

or Act) requirements regarding the 

protection of visibility in another state 

for the 1997 annual and 2006 24-hour 

fine particulate matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA. These plans are 

commonly referred to as 

‘‘infrastructure’’ SIPs. Specifically, EPA 

is taking final action to approve the 

submissions for Alabama, Georgia, 

Kentucky, Mississippi, North Carolina, 

South Carolina, and Tennessee as they 

relate to the 1997 annual and 2006 24- 

hour PM2.5 NAAQS infrastructure SIP 

requirements to protect visibility in 

other states. All other applicable 

infrastructure requirements for these 

NAAQS associated with these seven 

states have been addressed in separate 

rulemakings. 

DATES: This rule will be effective June 

6, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0814. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 


pmangrum on DSK3VPTVN1PROD with RULES