Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36231 

(e) is the same as the text of § 25.2505– 

1T(a) through (e) published elsewhere 

in this issue of the Federal Register]. 

Par. 10. Section 25.2505–2 is added to 

read as follows: 

§ 25.2505–2 Gifts made by a surviving 

spouse having a DSUE amount available. 

[The text of the proposed 

amendments to § 25.2505–2(a) through 

(g) is the same as the text of § 25.2505– 

2T(a) through (g) published elsewhere 

in this issue of the Federal Register]. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2012–14775 Filed 6–15–12; 8:45 am] 

BILLING CODE 4830–01–P 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Part 1191 

[Docket No. ATBCB–2012–0004] 

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: Notice of proposed rulemaking. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (Access Board) proposes to 

amend the Americans with Disabilities 

Act (ADA) and Architectural Barriers 

Act (ABA) Accessibility Guidelines to 

specifically address emergency 

transportable housing units that are 

provided by the Federal Emergency 

Management Agency or other entities on 

a temporary site in response to an 

emergency need for temporary housing. 

The proposed amendments seek to 

ensure that newly constructed and 

altered emergency transportable housing 

units covered by the ADA or ABA are 

readily accessible to and usable by 

individuals with disabilities. Other 

federal agencies are required to issue 

enforceable accessibility standards for 

the construction and alteration of 

facilities covered by the ADA or ABA 

that are consistent with the ADA and 

ABA Accessibility Guidelines. When 

the other federal agencies amend their 

accessibility standards to be consistent 

with the proposed amendments to the 

ADA and ABA Accessibility Guidelines, 

newly constructed and altered 

emergency transportable housing units 

covered by the ADA or ABA would be 

required to comply with the 

accessibility standards as amended. 

DATES: Submit comments by August 17, 

2012. A hearing will be held on the 

proposed amendments on July 11, 2012, 

9:30 to 11:30 a.m. To pre-register to 

testify please contact Kathy Johnson at 

(202) 272–00041 (voice), (202) 272–0065 

(TTY), or johnson@access-board.gov. 

Witnesses can testify in person or by 

telephone. More information and any 

updates to the hearings will be posted 

on the Access Board’s Web site at 

http://www.access-board.gov/eth/. 

ADDRESSES: Submit comments by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Regulations.gov ID for this docket is 

ATBCB–2012–0004. 

• Email: docket@access-board.gov. 

Include docket number ATBCB–2012– 

0004 in the subject line of the message. 

• Fax: 202–272–0081. 

• Mail or Hand Delivery/Courier: 

Office of Technical and Informational 

Services, Access Board, 1331 F Street 

NW., Suite 1000, Washington, DC 

20004–1111. 

All comments, including any personal 

information provided, will be posted 

without change to http:// 

www.regulations.gov and are available 

for public viewing. 

The hearing location is Access Board 

Conference Room, 1331 F Street NW., 

Suite 800, Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: 

Marsha Mazz, Office of Technical and 

Information Services, Architectural and 

Transportation Barriers Compliance 

Board, 1331 F Street NW., Suite 1000, 

Washington, DC 20004–1111. 

Telephone numbers: (202) 272–0020 

(voice); (202) 272–0076 (TTY). Email 

address: mazz@access-board.gov. These 

are not toll free numbers. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

1. Public Participation and Request for 

Comments 

2. Executive Summary 

3. Statutory and Regulatory Background 

4. Advisory Committee 

5. Issues Discussed by the Advisory 

Committee That Are Not Addressed in 

the Proposed Rule 

6. Discussion of Proposed Amendments 

7. Regulatory Analyses 

1. Public Participation and Request for 

Comments 

The Access Board encourages all 

persons interested in the rulemaking to 

submit comments on the proposed 

amendments and the questions in the 

preamble. Instructions for submitting 

and viewing comments are provided 

above under ADDRESSES. The Access 

Board will consider all the comments 

and may change the proposed 

amendments based on the comments. 

2. Executive Summary 

ADA and ABA Accessibility Guidelines 

Section 502 of the Rehabilitation Act 

requires the Access Board to develop 

and maintain accessibility guidelines to 

ensure that the construction and 

alteration of facilities covered by the 

Americans with Disabilities Act (ADA) 

or the Architectural Barriers Act (ABA) 

are readily accessible to and usable by 

individuals with disabilities. See 29 

U.S.C. 792(b)(3). The Access Board’s 

current accessibility guidelines for 

facilities were issued in 2004 and are 

known as the ADA and ABA 

Accessibility Guidelines. Other federal 

agencies are required to issue 

enforceable accessibility standards for 

the construction and alteration of 

facilities covered by the ADA or ABA 

that are consistent with the ADA and 

ABA Accessibility Guidelines. Newly 

constructed and altered facilities 

covered by the ADA or ABA are 

required to comply with the 

accessibility standards issued by the 

other agencies. 

The ADA and ABA Accessibility 

Guidelines contain scoping and 

technical provisions for residential 

dwelling units. The scoping provisions 

specify the minimum number of units 

required to provide mobility features for 

individuals with mobility disabilities 

and the minimum number of units 

required to provide communication 

features for individuals who are deaf or 

have a hearing loss, as well as the 

accessible features to be provided 

within each type of unit. The technical 

provisions specify the design criteria for 

accessible features within the units. 

Purpose of Proposed Rule 

Emergency transportable housing 

units provided by the Federal 

Emergency Management Agency 

(FEMA) in the aftermath of Hurricanes 

Katrina and Rita raised issues regarding 

the application of the scoping and 

technical provisions for residential 

dwelling units to emergency 

transportable housing units. Emergency 

transportable housing units are used to 

provide temporary housing and are not 

intended to be used as permanent 

dwellings. They are prefabricated so 

they can be deployed rapidly in 

response to an emergency and are 

installed on temporary sites with 

minimal site preparation. They are 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36232 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

transported on a single transport vehicle 

over roadways, which results in size 

and space limitations. Emergency 

transportable housing units provided in 

the aftermath of Hurricanes Katrina and 

Rita typically were about 400 square 

feet. 

The proposed rule would amend the 

ADA and ABA Accessibility Guidelines 

to treat emergency transportable 

housing units as a subclass of 

residential dwelling units and would 

add new scoping and technical 

provisions for such units. The proposed 

rule also would amend existing scoping 

provisions for operable parts and 

platform lifts, and existing technical 

provisions for ramps, kitchens, and 

bathrooms to specifically address 

emergency transportable housing units. 

Summary of Major Proposed Provisions 

The major proposed provisions for 

emergency transportable housing units 

required to provide mobility features 

and emergency transportable housing 

units required to provide 

communication features are 

summarized separately in the tables 

below. 

EMERGENCY TRANSPORTABLE HOUSING UNITS REQUIRED TO PROVIDE MOBILITY FEATURES

Major proposed provisions Summary Justification—benefits 

Scoping 233.3.1.2, 

F233.3.1.2, F233.4.1.2.

Existing scoping provisions applicable to facilities with 

residential dwelling units provided by entities not subject to regulations issued by HUD under Section 504 

of the Rehabilitation Act currently require at least 5 

percent of the units to provide mobility features. 

These scoping provisions currently apply to emergency transportable housing units. The proposed 

new scoping provisions would require emergency 

transportable housing units with mobility features to 

be provided in accordance with regulations implementing Section 504 of the Rehabilitation Act, the 

Robert T. Stafford Disaster Relief and Emergency 

Assistance Act, and the ADA. These regulations prohibit discrimination on the basis of disability. Compliance with these regulations would ensure that individuals with mobility disabilities who need units with 

mobility features are provided such units.

When individuals and households apply for temporary 

housing assistance from FEMA, their needs are assessed and they are assigned emergency transportable housing units based on their assessed needs. 

The proposed new scoping provisions would allow for 

flexibility to provide emergency transportable housing 

units with mobility features based on assessed 

needs. 

Ramps: Exception 2 to 

405.2, Exception to 405.6.

The proposed new exceptions to the technical provisions for ramps would permit a steeper and longer 

entry ramp for single unit installations of emergency 

transportable housing units at private home sites 

where existing physical or site constraints would prohibit the installation of an entry ramp that complies 

with the technical provisions for ramps.

The floor level of emergency transportable housing 

units is elevated above the ground. Ramps are installed at the entrances to units with mobility features. If sufficient space is not available on a private 

home site to install an entry ramp that complies with 

the technical provisions for ramps, a unit with mobility 

features may not be provided at the site. The proposed new exceptions would allow a steeper and 

longer entry ramp in such situations so individuals 

with mobility disabilities can have units with mobility 

features provided at their private home sites while 

their homes are rebuilt and avoid relocation to a 

group site. 

Kitchen Work Surface Exception to 804.3.The proposed new exception would permit a kitchen 

table complying with the technical provisions for tables, all kitchen counter tops at 34 inches high maximum, and an electrical outlet within reach of the 

table to be provided instead of a kitchen work surface complying with the technical provisions for kitchen work surfaces.

Kitchens in emergency transportable housing units 

have limited storage space. A kitchen work surface 

complying with the technical provisions for kitchen 

work surfaces would reduce the storage space. The 

proposed new exception would provide accessible 

kitchen work surfaces for individuals with mobility disabilities without reducing the storage space. 

Kitchen Counter Top Electrical Outlets: Exception 3 

to 205.1, Exception 3 to 

F205.1.

Existing exceptions currently permit one of the electrical 

outlets provided above a length of kitchen counter 

top that is uninterrupted by a sink or appliance to not 

comply with the technical provisions for operable 

parts. The proposed rule would amend these exceptions so they would not apply to emergency transportable housing units required to provide mobility 

features. This may result in electrical outlets installed 

in the face of kitchen base cabinets.

Kitchens in emergency transportable housing units 

have fewer electrical outlets than kitchens in other 

types of residential dwelling units. The proposed 

amendments to the existing exceptions would make 

all the electrical outlets accessible to and usable by 

individuals with mobility disabilities. 

Water Shut-Off Valve: Exception 11 to 205.1 Exception 11 to F205.1.The proposed new exceptions would permit a single 

water shut-off valve complying with the technical provisions for clear floor space and reach ranges to be 

provided in emergency transportable housing units 

required to provide mobility features.

Space constraints in emergency transportable housing 

units can limit access to water shut-off valves in 

kitchens and bathrooms. The proposed new exceptions would provide access to a single water shut-off 

valve for individuals with mobility disabilities. 

Kitchen Sink Water Spray 

Unit: 606.4.

The proposed new provision would require a water 

spray unit to be provided at the kitchen sink in emergency transportable housing units required to provide 

mobility features.

The proposed new provision would facilitate dish washing by individuals with limited reach and dexterity. 

Folding Seat in Roll-In 

Shower: 608.4.

The proposed new provision would require a folding 

seat to be provided in a roll-in shower in emergency 

transportable housing units required to provide mobility features.

The proposed new provision would enable individuals 

with mobility disabilities to use roll-in showers if 

shower chairs are unavailable in the aftermath of a 

disaster. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36233 

EMERGENCY TRANSPORTABLE HOUSING UNITS REQUIRED TO PROVIDE MOBILITY FEATURES—Continued 

Major proposed provisions Summary Justification—benefits 

Bedrooms: 809.2.4.1, 

809.2.4.2.

The proposed new provisions would: 

• Require clear floor space positioned for a parallel approach to be located on one side of a 

bed and to be on an accessible route; and 

The proposed new provisions would make the bedrooms accessible to and usable by individuals with 

mobility disabilities. 

• Prohibit accessible routes, maneuvering clearances, and turning spaces in bedrooms less 

than 70 square feet from overlapping space occupied by furniture supplied with the unit in 

emergency transportable housing units required 

to provide mobility features.

Bedroom Lighting Control: 

809.2.4.3.

The proposed new provision would require a means to 

control at least one source of lighting in the bedroom 

from the bed in emergency transportable housing 

units required to provide mobility features.

Bedrooms in emergency transportable housing units 

typically provide overhead lighting controlled by a 

wall switch near the bedroom door. The proposed 

new provision would result in providing a bedside 

lamp, an additional wall switch near the bed, or remote control device that can be operated from the 

bed so individuals with mobility disabilities can transfer in and out of bed safely. 

Weather Alert Systems: 

809.2.5.

The proposed new provision would require weather 

alert systems provided in emergency transportable 

housing units required to provide mobility features to 

comply with the technical provisions for clear floor 

space and reach ranges.

The proposed new provision would make the weather 

alert systems accessible to and usable by individuals 

with mobility disabilities. 

EMERGENCY TRANSPORTABLE HOUSING UNITS REQUIRED TO PROVIDE COMMUNICATION FEATURES

Major provisions Summary Justification—benefits 

Scoping: 233.3.2.2, 

F233.3.2.2, F233.4.2.2.

Existing scoping provisions applicable to facilities with 

residential dwelling units provided by entities not subject to regulations issued by HUD under Section 504 

of the Rehabilitation Act currently require at least 2 

percent of the units to provide communication features. These scoping provisions currently apply to 

emergency transportable housing units. The proposed new scoping provisions would require emergency transportable housing units with communication features to be provided in accordance with regulations implementing Section 504 of the Rehabilitation Act, the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act, and the ADA. These regulations prohibit discrimination on the basis of disability. Compliance with these regulations would ensure that individuals who are deaf or have a hearing 

loss and need units with communication features are 

provided such units.

When individuals and households apply for temporary 

housing assistance from FEMA, their needs are assessed and they are assigned emergency transportable housing units based on their assessed needs. 

The proposed new scoping provisions would allow for 

flexibility to provide emergency transportable housing 

units with communication features based on assessed needs. 

Residential Dwelling Unit 

Smoke Alarms: 809.3.1.2.

The proposed new provision would require residential 

dwelling unit smoke alarms with built-in visible alarms 

to provide either a commercial light and power 

source along with a secondary power source, or a 

non-commercial alternating current power source 

along with a secondary power source.

The proposed new provision is consistent with the National Fire Protection Association (NFPA) 72 National 

Fire Alarm Code. It would ensure that residential 

dwelling unit smoke alarms with built-in visible alarms 

have a secondary power source in the event the primary power source fails so that individuals who are 

deaf or have a hearing loss are alerted when the 

alarms are activated. 

Weather Alert Systems: 

809.3.4.

The proposed new provision would require weather 

alert systems provided in emergency transportable 

housing units required to provide communication features to provide both audible and visible output.

The proposed new provision would make the weather 

alert systems accessible to and usable by individuals 

who are deaf or have a hearing loss. 

Entities Affected by Proposed Rule 

The Robert T. Stafford Disaster Relief 

and Emergency Assistance Act 

authorizes FEMA to provide temporary 

housing assistance to individuals and 

households in response to a major 

disaster or emergency declared by the 

President. See 42 U.S.C. 5174 and 5192. 

FEMA provides emergency 

transportable housing units where there 

is a need for temporary housing and a 

lack of available housing resources in 

the affected area. A review of the Web 

sites of state agencies and 

nongovernmental organizations that 

provide services in response to disasters 

did not show that these entities 

currently provide emergency 

transportable housing units. 

Question 1. Do state, local, or tribal 

governments or nongovernmental 

organizations provide emergency 

transportable housing units in response 

to disasters? 

Emergency transportable housing 

units provided by FEMA are covered by 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36234 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

1 DOT is responsible for issuing accessibility 

standards for facilities used to provide designated 

and specified transportation services, and DOJ is 

responsible for issuing accessibility standards for 

the other facilities covered by the ADA. See 42 

U.S.C. 12134, 12149, 12164, and 12186. 

2See 28 CFR 35.104 and 35.151 for DOJ’s 

accessibility standards for facilities covered by Title 

II of the ADA; 28 CFR 36.104 and 36.406 for the 

DOJ’s accessibility standards for facilities covered 

by Title III of the ADA; and 49 CFR 37.9 and 

Appendix A to 49 CFR part 37 for DOT’s 

accessibility standards for transportation facilities 

covered by Titles II and III of the ADA. 

3HUD is responsible for issuing accessibility 

standards for residential facilities covered by the 

ABA; DOD is responsible for issuing accessibility 

standards for military facilities covered by the ABA; 

USPS is responsible for issuing accessibility 

standards for postal facilities covered by the ABA; 

and GSA is responsible for issuing accessibility 

standards for the other facilities covered by the 

ABA. 

4See DOD Memorandum on Access for People 

with Disabilities (October 31, 2008) available at: 

http://www.access-board.gov/ada-aba/dodmemorandum.htm for DOD’s accessibility 

standards; 39 CFR 254.1 and 254.2 for USPS’ 

accessibility standards; and 41 CFR 102–76.60 

through 102–76.85 for GSA’s accessibility 

standards. 

5See 24 CFR 40.4 for HUD’s accessibility 

standards. 

6The Environmental Protection Agency released 

a draft report on June 2, 2010 that provides 

scientific support and rationale for the hazard and 

dose-response assessment pertaining to chronic 

inhalation exposure to formaldehyde. The draft 

report is available at: http://cfpub.epa.gov/ncea/ 

iris_drafts/recordisplay.cfm?deid=223614. 

7Results of Indoor Air Quality Testing of Trailers 

and Mobile Homes for Formaldehyde in Mississippi 

the ABA and are required to comply 

with the accessibility standards for 

residential facilities issued by the 

Department of Housing and Urban 

Development (HUD). See 42 U.S.C. 4151 

and 4153. HUD’s current accessibility 

standards for residential facilities are 

the Uniform Federal Accessibility 

Standards (UFAS). When HUD updates 

its accessibility standards for residential 

facilities to be consistent with the ADA 

and ABA Accessibility Guidelines, 

newly constructed and altered 

emergency transportable housing 

provided by FEMA would be required to 

comply with HUD’s updated 

accessibility standards. 

The Access Board has prepared a 

preliminary regulatory assessment for 

the proposed rule. The regulatory 

assessment is available on the Access 

Board’s Web site at: http://www.accessboard.gov/eth/index.htm. The 

regulatory assessment estimates the 

additional costs that would be incurred 

by FEMA assuming HUD updates its 

accessibility standards for residential 

facilities to be consistent with the ADA 

and ABA Accessibility Guidelines, as 

amended by the proposed rule. The 

additional costs that would be incurred 

by FEMA are discussed in the 

Regulatory Analyses section of the 

preamble. Based on the regulatory 

assessment, the Access Board has 

determined that the proposed rule is not 

an economically significant regulatory 

action. 

3. Statutory and Regulatory 

Background 

Section 502 of the Rehabilitation Act 

requires the Access Board to develop 

and maintain accessibility guidelines to 

ensure that the construction and 

alteration of facilities covered by the 

Americans with Disabilities Act (ADA) 

or the Architectural Barriers Act (ABA) 

are readily accessible to and usable by 

individuals with disabilities. See 29 

U.S.C. 792(b)(3). The Access Board’s 

current accessibility guidelines for 

facilities were issued in 2004 and are 

known as the ADA and ABA 

Accessibility Guidelines. See 36 CFR 

part 1191. 

Title II of the ADA covers state and 

local government facilities, and Title III 

of the ADA covers public 

accommodations and commercial 

facilities. See 42 U.S.C. 12101 et seq. 

The Department of Justice (DOJ) and 

Department of Transportation (DOT) are 

required to issue enforceable 

accessibility standards for the 

construction and alteration of facilities 

covered by Titles II and III of the ADA 

that are consistent with the ADA and 

ABA Accessibility Guidelines.1 DOJ and 

DOT have adopted the ADA and ABA 

Accessibility Guidelines, with additions 

and modifications, as the accessibility 

standards for facilities covered by Titles 

II and III of the ADA.2

The ABA covers facilities designed, 

constructed, or altered with federal 

funds, and facilities leased by federal 

agencies. See 42 U.S.C. 4151 et seq. The 

Department of Housing and Urban 

Development (HUD), Department of 

Defense (DOD), United States Postal 

Service (USPS), and General Services 

Administration (GSA) are responsible 

for issuing enforceable accessibility 

standards for the construction, 

alteration, and leasing of facilities 

covered by the ABA that are consistent 

with the ADA and ABA Accessibility 

Guidelines.3 DOD, USPS, and GSA have 

adopted the ADA and ABA 

Accessibility Guidelines as the 

accessibility standards for facilities 

covered by the ABA.4 HUD’s current 

accessibility standards for residential 

facilities covered by the ABA are the 

Uniform Federal Accessibility 

Standards (UFAS).5 HUD plans to 

update its accessibility standards for 

residential facilities covered by the ABA 

to be consistent with the ADA and ABA 

Accessibility Guidelines. 

The federal agencies that issue 

accessibility standards for facilities 

covered by the ADA or ABA are 

represented on the Access Board. They 

were involved in the development of the 

proposed rule to minimize any 

differences between the proposed rule 

and eventual updates to their 

accessibility standards. FEMA also was 

involved in the development of the 

proposed rule. 

4. Advisory Committee 

In August 2007, the Access Board 

established an advisory committee 

comprised of disability rights advocates, 

manufacturers of emergency 

transportable housing units, and federal 

agencies (DOJ, HUD, and FEMA) to 

make recommendations for amending 

the ADA and ABA Accessibility 

Guidelines to address issues regarding 

the accessibility of emergency 

transportable housing units that were 

raised in the aftermath of Hurricanes 

Katrina and Rita. The committee 

submitted its report to the Access Board 

in November 2008. The proposed rule is 

based on the committee’s report. The 

committee’s report is available on the 

Access Board’s Web site at: http:// 

www.access-board.gov/eth/index.htm. 

5. Issues Discussed by the Advisory 

Committee That Are Not Addressed in 

the Proposed Rule 

The issues noted below were 

discussed by the advisory committee 

but are not addressed in the proposed 

rule. 

Indoor Environmental Quality 

The advisory committee included 

members representing individuals with 

disabilities who have multiple chemical 

sensitivities. The committee discussed 

issues related to the indoor 

environmental quality of emergency 

transportable housing units, particularly 

the formaldehyde levels in the units, but 

did not reach a consensus on the issues. 

Formaldehyde is present in many 

products used in homes. Pressed wood 

products containing formaldehydebased resins used in construction and 

furnishings are the primary contributors 

of household airborne formaldehyde. 

Prolonged exposure to elevated levels of 

formaldehyde can cause health risks.6

At FEMA’s request, the Centers for 

Disease Control and Prevention tested a 

random sample of travel trailers, park 

models, and manufactured homes in 

Louisiana and Mississippi in December 

2007 and January 2008. The average 

level of formaldehyde in all the units 

was about 77 parts per billion (ppb) and 

ranged from 3 ppb to 590 ppb in 

individual units.7


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36235 

and Louisiana, FEMA (June 2009) available at: 

http://www.fema.gov/media/archives/2008/ 

021408.shtm. 

8California Environmental Protection Agency Air 

Resources Board, Airborne Toxic Control Measures 

to Reduce Formaldehyde Emissions from 

Composite Wood Products, Final Regulation Order 

(April 18, 2008) available at: http://www.arb.ca.gov/ 

regact/2007/compwood07/compwood07.htm. 

FEMA has discontinued the use of 

travel trailers and is phasing out the use 

of park models. FEMA currently 

purchases only manufactured homes 

that meet HUD’s Manufactured Home 

Construction and Safety Standards, 

which include formaldehyde emission 

levels for plywood and particleboard 

materials installed in such homes. See 

24 CFR 3280.308. The Formaldehyde 

Standards for Composite Wood Products 

Act, which was enacted into law on July 

7, 2010, establishes limits for 

formaldehyde emissions from composite 

wood products, including hardwood 

plywood, medium-density fiberboard, 

and particleboard. See 15 U.S.C. 2697. 

The composite wood products 

formaldehyde standards in the law 

mirror the standards previously 

established by the California Air 

Resources Board for products sold, 

offered for sale, supplied, used, or 

manufactured for sale in California.8

These developments should result in 

the reduction of formaldehyde levels in 

emergency transportable housing units, 

as well as other facilities. 

Slide-Outs 

Some emergency transportable 

housing units provide additional space 

within the unit by extending a floor and 

wall section to one side when the unit 

is installed on a site. This feature is 

known as a ‘‘slide-out.’’ The advisory 

committee was concerned that if slideouts are provided in emergency 

transportable housing units required to 

provide mobility features, they may not 

meet the existing technical provisions 

for floor surfaces and changes in level 

in 302 and 303 of the ADA and ABA 

Accessibility Guidelines. These 

provisions currently require floor 

surfaces to be stable, firm, and slip 

resistant, and changes in level to be not 

greater than 1⁄4 inch vertical and 1⁄2 inch 

beveled on accessible routes and in 

accessible spaces. The slide-out joint 

cover and the joint between the unit 

floor and the slide-out floor would need 

to be almost flush to meet these 

provisions. With careful design and 

installation, slide-outs can meet these 

provisions. 

Some slide-outs need to be cycled 

periodically for preventative 

maintenance. This maintenance 

operation could be difficult for 

occupants with disabilities to perform. 

Committee members representing 

manufacturers noted that electric and 

hydraulic slide-outs do not need to be 

cycled. The committee recommended 

that slide outs should be allowed in 

emergency transportable housing units 

required to provide mobility features 

only where the manufacturer’s warranty 

indicates that the slide-out does not 

need to be cycled after set-up and the 

floor surfaces and changes in level 

between floors meet the technical 

provisions for floor surfaces and 

changes in level in 302 and 303 of the 

ADA and ABA Accessibility Guidelines. 

Slide-outs are a useful design option 

given the space constraints within 

emergency transportable housing units. 

Although some slide-outs need to be 

cycled periodically for preventative 

maintenance, the housing provider can 

perform this maintenance operation. 

The technical provisions for floor 

surfaces and changes in level in 302 and 

303 of the ADA and ABA Accessibility 

Guidelines apply to every type of 

facility. It is not necessary to amend 

these provisions to specifically apply to 

emergency transportable housing units 

required to provide mobility features. 

6. Discussion of Proposed Amendments 

The proposed rule would amend the 

ADA and ABA Accessibility Guidelines 

to treat emergency transportable 

housing units as a subclass of 

residential dwelling units and would 

add new scoping and technical 

provisions for such units. The proposed 

rule also would amend existing scoping 

provisions for operable parts and 

platform lifts, and existing technical 

provisions for ramps, kitchens, and 

bathrooms to specifically address 

emergency transportable housing units. 

The ADA and ABA Accessibility 

Guidelines consist of 10 chapters that 

are codified as appendices to 36 CFR 

part 1191. The proposed amendments to 

the ADA and ABA Accessibility 

Guidelines are discussed below under 

the relevant chapters of the guidelines. 

ADA Chapters 1 and 2 (Appendix B to 

36 CFR Part 1191) 

ABA Chapters 1 and 2 (Appendix C to 

36 CFR Part 1191) 

ADA Chapters 1 and 2 contain 

application and scoping provisions for 

facilities covered by the ADA, and are 

codified in Appendix B to 36 CFR part 

1191. ABA Chapters 1 and 2 contain 

application and scoping provisions for 

facilities covered by the ABA, and are 

codified in Appendix C to 36 CFR part 

1191. The application and scoping 

provisions in ABA Chapters 1 and 2 are 

preceded by the letter ‘‘F’’ to distinguish 

them from the application and scoping 

provisions in ADA Chapters 1 and 2. 

Because the same changes are proposed 

to the application and scoping 

provisions in ADA Chapters 1 and 2 and 

ABA Chapters 1 and 2, corresponding 

provisions in these chapters are 

discussed together. 

106.5 and F106.5 Defined Terms 

The proposed rule would add a new 

definition for the term ‘‘emergency 

transportable housing unit’’ in 106.5 

and F106.5 to read as follows: 

Emergency Transportable Housing 

Unit. 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. 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. 

The proposed definition would 

consider emergency transportable 

housing units as a type of residential 

dwelling unit for purposes of the ADA 

and ABA Accessibility Guidelines. 

Some structures that would be included 

in the proposed definition such as travel 

trailers may not be considered 

residential dwelling units for other 

purposes. Advisory committee members 

representing manufacturers of 

recreational vehicles such as travel 

trailers did not want the definition to 

imply a permanent dwelling because of 

regulatory limitations on the use of the 

units. Recreational vehicles built on a 

single chassis and not larger than 400 

square feet when measured at the largest 

horizontal projections are not subject to 

HUD’s Manufactured Home 

Construction and Safety Standards if 

they are designed primarily for use as 

temporary living quarters for 

recreational, camping, travel, or 

seasonal use and not for use as a 

permanent dwelling. See 24 CFR 3282.8. 

As described in the proposed definition, 

emergency transportable housing units 

are used to provide temporary housing 

and are not intended to be used as 

permanent dwellings. The units 

typically are installed on private home 

sites while residents repair permanent 

dwellings that were rendered 

uninhabitable by a disaster. State or 

local governments may limit the amount 

of time that the units can remain on a 

site. The proposed definition would not 

include larger manufactured or modular 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36236 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

homes that are transportable on 

multiple transport vehicles and then 

attached to one another in sections on 

a site. 

205 and F205 Operable Parts 

These sections currently require 

operable parts located on accessible 

elements and accessible routes and in 

accessible rooms and spaces to comply 

with the technical provisions for 

operable parts in 309, including clear 

floor space, reach ranges, and operation. 

As discussed below, the proposed rule 

would revise existing Exception 3 and 

would add new Exceptions 9, 10, and 11 

to 205.1 and F205.1. 

Exception 3—Kitchen Countertop 

Electrical Outlets 

The proposed rule would amend 

existing Exception 3 to 205.1 and F205.1 

to read as follows: 

Exception 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. 

The National Electrical Code® (NEC) 

requires electrical outlets in kitchens to 

be installed every 4 feet and within 24 

inches of a corner. This can result in at 

least one electrical outlet installed in a 

location above a kitchen counter top 

that cannot meet the technical 

provisions for obstructed reach ranges. 

To address this situation, where two or 

more electrical outlets are provided 

above a length of kitchen counter top 

that is uninterrupted by a sink or 

appliance, existing Exception 3 to 205.1 

and F205.1 currently permits one of the 

outlets to not comply with the technical 

provisions for operable parts in 309. 

The advisory committee 

recommended that all the electrical 

outlets provided at kitchen counter tops 

in emergency transportable housing 

units required to provide mobility 

features should comply with the 

technical provisions for operable parts 

in 309 since kitchens in such units 

typically have fewer electrical outlets 

than kitchens in other types of 

residential dwelling units. The NEC 

permits electrical outlets in accessible 

kitchens to be installed in the face of 

base cabinets provided the outlets are 

located not more than 12 inches below 

a counter top that extends not more than 

6 inches beyond its base. Face-mounted 

electrical outlets enable an occupant 

with a disability to plug small 

appliances into the outlet without 

reaching across the counter top. The 

proposed rule would amend existing 

Exception 3 so that it would not apply 

to emergency transportable housing 

units required to provide mobility 

features since face-mounted electrical 

outlets can be provided. 

Although face-mounted electrical 

outlets are more accessible to 

individuals with disabilities who have 

limited reach, the outlets and electrical 

cords attached to appliances are also 

within reach of small children and can 

pose a safety hazard. For this reason, 

face-mounted electrical outlets typically 

are not provided. The Access Board may 

reconsider the proposed amendments to 

existing Exception 3 to 205.1 and 

F205.1. 

Question 2. Should the proposed 

amendments to existing Exception 3 to 

205.1 and F205.1 be reconsidered? 

Exception 9—Operable Parts in 

Residential Dwelling Units and Guest 

Rooms Not Required To Provide 

Mobility Features 

The proposed rule would add a new 

Exception 9 to 205.1 and F205.1 to read 

as follows: 

Exception 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. 

The proposed new exception would 

clarify that the technical provisions for 

operable parts in 309 do not apply to 

residential dwelling units and transient 

lodging guest rooms that are not 

required to provide mobility features. 

Thus, residential dwelling units and 

transient lodging guest rooms required 

to provide communications features 

would not be required to comply with 

the technical provisions for operable 

parts in 309. 

Exception 10—Controls Beneath the 

Body of an Emergency Transportable 

Housing Unit 

The proposed rule would add a new 

Exception 10 to 205.1 and F205.1 to 

read as follows: 

Exception 10. In emergency 

transportable housing units required to 

provide mobility features complying 

with 809.2, controls located beneath the 

unit body shall not be required to 

comply with 309. 

The proposed new exception would 

exempt controls located beneath the 

body of emergency transportable 

housing units required to provide 

mobility features from the technical 

provisions for operable parts in 309. 

These controls are typically for 

maintenance purposes and would be 

operated by personnel servicing the 

unit. 

Exception 11—Water Shut-Off Valves 

The proposed rule would add a new 

Exception 11 to 205.1 and F205.1 to 

read as follows: 

Exception 11. In emergency 

transportable housing units required to 

provide mobility features complying 

with 809.2, water shut-off valves shall 

not be required to comply with 309 

where a single shut-off valve complying 

with 309.2 and 309.3 is provided for the 

entire unit. 

Space constraints in emergency 

transportable housing units can limit 

access to water shut-off valves in 

kitchens and bathrooms. The proposed 

new exception would permit a single 

shut-off valve that complies with the 

technical provisions for clear floor space 

in 309.2 and reach ranges in 309.3 to be 

provided in emergency transportable 

housing units required to provide 

mobility features. 

Question 3. Can water shut-off valves 

comply with the technical provisions in 

309.4 for operating forces not exceeding 

five pounds and one handed operation 

without tight grasping, pinching, or 

twisting of the wrist? If water shut-off 

valves cannot comply with the technical 

provisions in 309.4, should they be 

exempted from complying with the 

technical provisions for clear floor space 

in 309.2 and reach ranges in 309.3? Are 

there other controls typically provided 

within emergency transportable housing 

units that cannot comply with any of 

the technical provisions for operable 

parts in 309? 

206.7 and F206.7 Platform Lifts 

These sections currently permit 

platform lifts to be used as a component 

of an accessible route in new 

construction in certain situations. 

The proposed rule would amend 

these sections to read as follows: 

206.7 Platform Lifts. Platform lifts 

shall comply with 410. Platform lifts 

shall be permitted as a component of an 

accessible route in new construction in 

accordance with 206.7. Platform lifts 

shall be permitted as a component of an 

accessible route in an existing building 

or facility. 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 Platform Lifts. Platform lifts 

shall comply with 410. Platform lifts 

shall be permitted as a component of an 

accessible route in new construction in 

accordance with F206.7. Platform lifts 

shall be permitted as a component of an 

accessible route in an existing building 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36237 

or facility. 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. 

Emergency transportable housing 

units typically are installed on 

constrained sites, such as in driveways 

on private home sites while residents 

rebuild permanent dwellings that were 

rendered uninhabitable by a disaster. 

The floor level of the units is elevated 

above the ground and the units typically 

have one entrance that also serves as the 

only accessible means of escape from 

the unit in an emergency. Although 

safety standards typically require 

factory-built housing to provide a 

secondary means of escape, the 

secondary means of escape usually is 

not accessible to occupants with 

mobility disabilities. 

The advisory committee 

recommended that platform lifts should 

not be used at the primary entrance to 

emergency transportable housing units 

required to provide mobility features 

because the time needed to operate a 

platform lift could cause an unnecessary 

delay for occupants needing to evacuate 

the unit quickly. The proposed rule 

would amend 206.7 and F206.7 to not 

permit the use of platform lifts at the 

primary entrance to emergency 

transportable housing units required to 

provide mobility features. 

233 and F233 Residential Facilities 

The proposed rule would add new 

scoping provisions to these sections for 

emergency transportable housing units 

required to provide mobility features 

and emergency transportable housing 

units required to provide 

communication features. The proposed 

rule also would add a new exception to 

the dispersion provision. When the final 

rule is published, the provisions in 233 

and F233 would be renumbered to 

accommodate the new scoping 

provisions for emergency transportable 

housing units and the renumbered 

provisions would be referenced in other 

sections, as appropriate. The table 

below shows the proposed renumbering 

of the provisions in 233 and F233 for 

the final rule and where the provisions 

are located in the current guidelines. 

Proposed renumbering of provisions for the final rule Current guidelines 

ADA Chapter 2: 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 Residential Dwelling Units with Mobility Features 233.3.1 Minimum Number: New Construction 

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

233.3.1.2 Facilities Containing Emergency Transportable Housing 

Units 

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 

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

233.3.4 Additions 233.3.3 Additions 

233.3.5 Alterations 233.3.4 Alterations 

233.3.5.1 Alterations to Vacated Buildings 233.3.4.1 Alterations to Vacated Buildings 

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

233.3.6 Dispersion 233.3.5 Dispersion 

ABA Chapter 2: 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 Residential Dwelling Units with Mobility Features F233.3.1 Minimum Number: New Construction 

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

F233.3.1.2 Facilities Containing Emergency Transportable Housing 

Units 

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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36238 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

9Facilities with residential dwelling units that 

are provided by entities subject to regulations 

issued by HUD under Section 504 of the 

Rehabilitation Act are required to provide 

residential dwelling units with mobility features in 

a number required by the applicable HUD 

regulations. 

Proposed renumbering of provisions for the final rule Current guidelines 

F233.3.2.2 Facilities Containing Emergency Transportable Housing 

Units 

F233.3.3 Additions F233.3.2 Additions 

F233.3.4 Alterations F233.3.3 Alterations 

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

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

F233.3.5 Dispersion F233.3.4 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 Residential Dwelling Units with Mobility Features F233.4.1 Minimum Number: New Construction 

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

F233.4.1.2 Facilities Containing Emergency Transportable Housing 

Units 

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 

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

F233.4.4 Additions F233.4.3 Additions 

F233.4.5 Alterations F233.4.4 Alterations 

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

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

F233.4.6 Dispersion F233.4.5 Dispersion 

Proposed Scoping Provisions for 

Emergency Transportable Housing Units 

Required To Provide Mobility Features 

(233.3.1, F233.3.1, and F233.4.1) 

Existing scoping provisions 

applicable to facilities with residential 

dwelling units provided by entities not 

subject to regulations issued by the HUD 

under Section 504 of the Rehabilitation 

Act currently require at least 5 percent 

of the units to provide mobility 

features.9 Where facilities contain 15 or 

fewer residential dwelling units, the 

existing scoping provisions apply to the 

total number of units that are 

constructed under a single contract or 

are developed as a whole, whether or 

not the units are located on a common 

site. These scoping provisions currently 

apply to emergency transportable 

housing units. 

The proposed rule would add new 

scoping provisions for emergency 

transportable housing units required to 

provide mobility features at: 

• 233.3.1 for units covered by the 

ADA that are provided by entities not 

subject to regulations issued by HUD 

under Section 504 of the Rehabilitation 

Act; 

• F233.3.1 for units covered by the 

ABA that are provided on military 

installations; and 

• F233.4.1 for units covered by the 

ABA that are provided by federal 

agencies, other than HUD, or through 

grant or loan programs administered by 

federal agencies, other than HUD. 

The references to these provisions are 

as they would be renumbered when the 

final rule is published. 

The proposed new scoping provisions 

read as follows: 

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. Residential dwelling units 

required to provide mobility features 

complying with 809.2 shall be on an 

accessible route as required by 206. 

233.3.1.1 Facilities Other Than 

Those Containing Emergency 

Transportable Housing Units. At least 5 

percent, but not less 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. 

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. Entities shall provide emergency 

transportable housing units with 

mobility features complying with 809.2 

in accordance with applicable 

regulations implementing Section 504 of 

the Rehabilitation Act of 1973, as 

amended; the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act of 

1988, as amended; and the Americans 

with Disabilities Act of 1990, as 

amended. 

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. All 

residential dwelling units required to 

provide mobility features complying 

with 809.2 shall be on an accessible 

route as required by F206. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36239 

10See 44 CFR part 16 for FEMA’s regulations 

implementing Section 504 of the Rehabilitation Act; 

44 CFR part 200 for FEMA’s regulations 

implementing the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act; and 28 CFR parts 

35 and 36 for DOJ’s regulations implementing Titles 

II and III of the ADA. 

11U.S. Census Bureau, Americans with 

Disabilities:2005 (Issued December 2008) available 

at: http://www.census.gov/prod/2008pubs/p70- 

117.pdf. 

12U. S. Census Bureau, Disability Status: 2000 

(Issued March 2003) available at: http:// 

www.census.gov/prod/2003pubs/c2kbr-17.pdf. 

13Facilities with residential dwelling units that 

are provided by entities subject to regulations 

issued by HUD under Section 504 of the 

Rehabilitation Act are required to provide 

residential dwelling units with communication 

features in a number required by the applicable 

HUD regulations. 

F233.3.1.1 Facilities Other Than 

Those Containing Emergency 

Transportable Housing Units. At least 5 

percent, but not less 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. 

F233.3.1.2 Facilities Containing 

Emergency Transportable Housing 

Units. Entities shall provide emergency 

transportable housing units with 

mobility features complying with 809.2 

in accordance with applicable 

regulations implementing Section 504 of 

the Rehabilitation Act of 1973, as 

amended; the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act of 

1988, as amended; and the Americans 

with Disabilities Act of 1990, as 

amended. 

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. Residential dwelling units 

required to provide mobility features 

complying with 809.2 shall be on an 

accessible route as required by F206. 

F233.4.1.1 Facilities Other Than 

Those Containing Emergency 

Transportable Housing Units. At least 5 

percent, but not less 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. 

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. Entities shall provide emergency 

transportable housing units with 

mobility features complying with 809.2 

in accordance with applicable 

regulations implementing Section 504 of 

the Rehabilitation Act of 1973, as 

amended; the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act of 

1988, as amended; and the Americans 

with Disabilities Act of 1990, as 

amended. 

The advisory committee 

recommended that 10 percent of 

emergency transportable housing units 

provided at group sites should be 

required to provide mobility features. 

Emergency transportable housing units 

are more often provided at private home 

sites than at group sites. The committee 

recommended no minimum number be 

established for single unit installations 

provided at private home sites because 

the individual need for such units could 

exceed the minimum number. Instead, 

the committee recommended that the 

number of emergency transportable 

housing units with mobility features 

provided for single unit installations at 

private home sites should be based on 

individual need in accordance with 

regulations implementing Section 504 of 

the Rehabilitation Act, the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act, and the ADA.10 These 

regulations prohibit discrimination on 

the basis of disability. Compliance with 

these regulations would ensure that 

individuals with mobility disabilities 

who need emergency transportable 

housing units with mobility features are 

provided such units. 

The U.S. Census Bureau estimates 

that for the civilian noninstitutionalized 

population aged 5 and older living in 

the United States: 

• 27.4 million people (11.9 percent) 

have difficulty with ambulatory 

activities of the lower body and 19.0 

million people (8.2 percent) have 

difficulty with upper body physical 

tasks; 

• 8.5 million people (3.7 percent) 

have difficulty performing one or more 

activities of daily living such as getting 

around inside the home, getting into or 

out of bed, taking a bath or shower, 

getting to or using the toilet, dressing, 

and eating; and 

• 3.3 million (1.4 percent) used a 

wheelchair or other wheeled mobility 

device and 10.2 million (4.4 percent) 

used a cane, crutches, or walker to assist 

with mobility.11

The rate of physical disability varies 

by state and ranged from 5.9 percent in 

Utah to 13.5 percent in West Virginia.12

FEMA’s current policy is to have 20 

percent of its inventory of emergency 

transportable housing units comply 

with UFAS, HUD’s current accessibility 

standard for residential facilities. When 

individuals and households apply for 

temporary housing assistance from 

FEMA, their needs are assessed and 

they are assigned emergency 

transportable housing units based on 

their assessed needs. The percentage of 

UFAS units that FEMA provides varies 

widely from disaster to disaster based 

on assessed needs. 

To allow for flexibility to provide 

emergency transportable housing units 

with mobility features based on the 

assessed needs of applicants, the 

proposed rule adopts the approach 

recommended by the advisory 

committee for single unit installations at 

private home sites to group sites also. 

The proposed new scoping provisions 

would require that emergency 

transportable housing units with 

mobility features be provided in 

accordance with regulations 

implementing Section 504 of the 

Rehabilitation Act, the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act, and the ADA. 

Proposed Scoping Provisions for 

Emergency Transportable Housing Units 

Required To Provide Communication 

Features (233.3.2, F233.3.2, and 

F233.4.2) 

Existing scoping provisions 

applicable to facilities with residential 

dwelling units provided by entities not 

subject to regulations issued by the HUD 

under Section 504 of the Rehabilitation 

Act currently require at least 2 percent 

of the units to provide communication 

features.13 Where facilities contain 15 or 

fewer residential dwelling units, the 

existing scoping provisions apply to the 

total number of units that are 

constructed under a single contact or are 

developed as a whole, whether or not 

the units are located on a common site. 

These scoping provisions currently 

apply to emergency transportable 

housing units. 

The proposed rule would add new 

scoping provisions for emergency 

transportable housing units required to 

provide communication features at: 

• 233.3.2 for units covered by the 

ADA that are provided by entities not 

subject to regulations issued by HUD 

under Section 504 of the Rehabilitation 

Act; 

• F233.3.2 for units covered by the 

ABA that are provided on military 

installations; and 

• F233.4.2 for units covered by the 

ABA that are provided by federal 

agencies, other than HUD, or through 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36240 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

grant or loan programs administered by 

federal agencies, other than HUD. 

The references to these provisions are 

as they would be renumbered when the 

final rule is published. 

The proposed new scoping provisions 

read as follows: 

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 not less 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 in accordance with applicable 

regulations implementing Section 504 of 

the Rehabilitation Act of 1973, as 

amended; the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act of 

1988, as amended; and the Americans 

with Disabilities Act of 1990, as 

amended. 

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 not less 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 in accordance with applicable 

regulations implementing Section 504 of 

the Rehabilitation Act of 1973, as 

amended; the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act of 

1988, as amended; and the Americans 

with Disabilities Act of 1990, as 

amended. 

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 not less 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 in accordance with applicable 

regulations implementing Section 504 of 

the Rehabilitation Act of 1973, as 

amended; the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act of 

1988, as amended; and the Americans 

with Disabilities Act of 1990, as 

amended. 

The proposed new scoping provisions 

for emergency transportable housing 

required to provide communication 

features are the same as the proposed 

new scoping provisions for emergency 

transportable housing units required to 

provide mobility features. The proposed 

new scoping provisions would require 

that emergency transportable housing 

units with communication features be 

provided in accordance with regulations 

implementing Section 504 of the 

Rehabilitation Act, the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act, and the ADA. 

The proposed new scoping provisions 

would require visible smoke alarms in 

emergency transportable housing units 

required to provide communication 

features. FEMA currently provides 

visible smoke alarms in all its 

emergency transportable housing units. 

FEMA can exceed the proposed new 

scoping provisions. Where weather alert 

systems are provided in emergency 

transportable housing units required to 

provide communication features, the 

proposed new scoping provisions would 

require the systems to provide both 

audible and visible output. FEMA 

currently provides weather alert systems 

in all its emergency transportable 

housing units, and the systems provide 

both audible and visible output. As 

noted above, FEMA can exceed the 

proposed new scoping provisions. 

233.3.6, F233.3.5, and F233.4.6

Dispersion 

The proposed rule would add a new 

exception to the dispersion provisions 

in 233.3.6, F233.3.5, and F233.4.6 for 

emergency transportable housing units 

required to provide mobility features 

and emergency transportable housing 

units required to provide 

communication features. The references 

to the dispersion provisions in 233.3.6, 

F233.3.5, and F233.4.6 are as they 

would be renumbered when the final 

rule is published. 

The proposed new exception to the 

dispersion provisions in 233.3.6, 

F233.3.5, and F233.4.6 read as follows: 

Exception 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. 

Residential dwelling units required to 

provide mobility features and 

residential dwelling units required to 

provide communication features 

currently are required to be dispersed 

among the various types of residential 

dwelling units in a facility to provide 

choices comparable to, and integrated 

with, units available to other residents. 

Since emergency transportable housing 

units with mobility features and 

emergency transportable housing units 

with communication features are 

provided to applicants based on their 

assessed needs, it is not necessary to 

require comparable choices of units at 

each facility. If two or three bedroom 

units with mobility features are not 

needed at a particular group site, they 

should not be provided at that site but 

should be provided at other group sites 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36241 

or private home sites where they are 

needed. 

The proposed rule would add a new 

exception to the dispersion provisions 

in 233.3.6, F233.3.5, and F233.4.6 that 

would not require emergency 

transportable housing units required to 

provide mobility features and 

emergency transportable housing units 

required to provide communication 

features to be dispersed among the 

various types of residential dwelling 

units in a facility. Emergency 

transportable housing units required to 

provide mobility features and 

emergency transportable housing units 

required to provide communication 

features would be required to be 

integrated with other units in a facility 

so individuals with disabilities and 

their families are not isolated or 

segregated at group sites. 

Chapters 4, 6, and 8 (Appendix D to 36 

CFR Part 1191) 

Chapters 3 through 10 contain 

technical provisions for facilities 

covered by the ADA and ABA, and are 

codified in Appendix D to 36 CFR part 

1191. As discussed below, the proposed 

rule would amend existing provisions in 

Chapters 4, 6, and 8 and also would add 

new provisions to these chapters. 

Advisory 404.2.5 Thresholds 

The proposed rule would add a new 

advisory note to 404.2.5 to read as 

follows: 

Advisory 404.2.5 Thresholds. Some 

doors, particularly entrance doors to 

emergency transportable housing units, 

include a lip on the bottom edge of the 

face of the door. This design may result 

in a ramp landing positioned more than 

the allowable 1⁄2-inch maximum below 

the threshold. 

The existing technical provisions in 

404.2.5 currently require thresholds at 

doorways to be 1⁄2-inch high maximum 

and changes in level between 1⁄4-inch 

high minimum and 1⁄2-inch high 

maximum to be beveled with a slope not 

steeper than 1:2. Entry doors on smaller 

emergency transportable housing units 

typically have a lip that extends 

approximately 5⁄8-inch to 3⁄4-inch below 

the bottom edge of the door face. Ramps 

installed to provide an accessible route 

to the entry door typically are made 

from exterior grade wood that will warp 

over time. The ramp landing needs to be 

positioned below the door lip so the 

door can operate freely without binding 

against the landing surface. This can 

result in changes in level between the 

ramp landing and the entry doorway 

that exceed the 1⁄2-inch maximum 

threshold height by one inch. 

The advisory committee 

recommended adding a new advisory 

note to 404.2.5 to address this situation. 

The proposed new advisory note would 

indicate that entry doors with a lip on 

the bottom edge of the door face may 

result in exceeding the 1⁄2-inch 

maximum threshold height. Larger 

emergency transportable housing units 

typically use entry doors more common 

to residential construction that meet the 

1⁄2-inch maximum threshold height. 

405.2 Slope and 405.6 Rise (Ramp 

Runs) 

The proposed rule would add a new 

exception to the technical provision for 

the slope of ramp runs in 405.2 to read 

as follows: 

Exception 2. In emergency 

transportable housing units, 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) and 

one of the following conditions is met: 

(a) The emergency transportable 

housing unit is located on a site 

containing a private home for the use of 

the occupant of the private home; or 

(b) The emergency transportable 

housing unit is located on a privatelyowned residential site that is designed 

for the later installation of a dwelling 

unit for the use of the owner of the site. 

The proposed rule also would add a 

new exception to the technical 

provision for the rise of ramp runs in 

405.6 to read as follows: 

Exception: In emergency transportable 

housing units, 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 provided 

that the one of the following conditions 

is met: 

(a) The emergency transportable 

housing unit is located on a site 

containing a private home for the use of 

the occupant of the private home; or 

(b) The emergency transportable 

housing unit is located on a privatelyowned residential site that is designed 

for the later installation of a dwelling 

unit for the use of the owner of the site. 

Persons whose homes have been 

rendered uninhabitable by a disaster 

prefer to have emergency transportable 

housing units provided on their private 

home sites so they can protect their 

property, supervise the reconstruction 

of their homes, and maintain 

relationships within their community. 

Federal, state, and local laws require the 

tires to remain on emergency 

transportable housing units and the 

floor level is typically elevated 36 

inches above the ground. Entry ramps 

are installed at emergency transportable 

housing units with mobility features 

and the entry ramps cannot encroach on 

adjacent sites or public rights-of-way 

where the units are provided at private 

home sites. An entry ramp that complies 

with the technical provisions for ramp 

run slope in 405.2 (1:12 maximum) and 

ramp run rise in 405.6 (30 inches 

maximum) needs at least two ramp runs 

and an intermediate landing between 

the ramp runs. The landing would be 

approximately 18 square feet, and 40 

square feet if the ramp needs to change 

direction in order to fit on the site. The 

entry ramp would be approximately 158 

to 180 square feet depending on the 

landing configuration. If sufficient space 

is not available on a private home site 

to install the entry ramp, an emergency 

transportable housing unit with 

mobility features may not be provided at 

the site and individuals with disabilities 

may be relocated to a group site. 

The advisory committee 

recommended adding new exceptions to 

the technical provisions for the slope 

and rise of ramp runs in 405.2 and 405.6 

so individuals with disabilities can have 

an emergency transportable housing 

unit with mobility features provided at 

their private home site while their 

homes are rebuilt and avoid relocation 

to a group site. When existing physical 

or site constraints on a private home site 

prohibits the installation of an entry 

ramp that meets the technical 

provisions for ramp slope and ramp rise 

in 405.2 and 405.6, the proposed new 

exceptions to these provisions would 

permit a single ramp run with a slope 

not steeper than 1:10 and a 36 inches 

maximum rise. The proposed new 

exceptions would result in a space 

savings of approximately 38 to 60 

square feet, depending on the landing 

configuration, or about one-third of the 

space needed for an entry ramp that 

meets the technical provisions for the 

slope and rise of ramp runs without the 

proposed new exceptions. 

Many individuals with disabilities 

have difficulty using ramps with slopes 

steeper than 1:12 and may find a ramp 

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 ramp 

should be obtained before applying the 

proposed new exceptions. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36242 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

604.5 Grab Bars (Water Closets) 

607.4 Grab Bars (Bathtubs) 

608.3 Grab Bars (Showers) 

These sections currently require grab 

bars at toilet and bathing fixtures. 

Existing exceptions to these sections 

currently permit grab bars to be omitted 

at the time of construction in residential 

dwelling units where the walls are 

reinforced to support the installation of 

grab bars when needed by an occupant 

with a disability. 

The proposed rule would amend the 

existing exception to 604.5 to read as 

follows: 

Exception 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. 

The proposed rule would amend the 

existing exception to 607.4 to read as 

follows: 

Exception 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. 

The proposed rule would amend the 

existing exception to 608.3 to read as 

follows: 

Exception 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. 

The existing exceptions to 604.5, 

607.4, and 608.3 are intended to be used 

where residential dwelling units would 

be occupied by different persons over 

the life of the unit and some occupants 

may not need grab bars at toilet and 

bathing fixtures. The advisory 

committee recommended that these 

existing exceptions should not be used 

for emergency transportable housing 

units required to provide mobility 

features because they could result in 

delays in installing grab bars in the 

units. FEMA requires grab bars to be 

installed at toilet and bathing fixtures at 

the time of construction in emergency 

transportable housing units required to 

provide mobility features. The proposed 

rule would amend the existing 

exceptions to 604.5, 607.4, and 608.3 so 

they would not apply to emergency 

transportable housing units required to 

provide mobility features. 

606.2 Clear Floor Space (Lavatories 

and Sinks) 

This section currently requires clear 

floor space with knee and toe clearance 

to be provided at lavatories and sinks. 

An existing exception to this section 

currently permits readily removable 

base cabinets and finished floors and 

walls to be installed beneath lavatories 

and sinks so the cabinets can be 

removed and stored when an occupant 

with a disability needs clear floor space 

with knee and toe clearance at the 

lavatory and sink. 

The proposed rule would amend the 

existing exception to 606.2 to read as 

follows: 

Exception 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. 

The existing exception to 606.2 is 

intended to be used where residential 

dwelling units would be occupied by 

different persons over the life of the unit 

and some occupants may not need clear 

floor space with knee and toe clearance 

at the lavatory and sink. The advisory 

committee recommended that this 

existing exception should not be used 

for emergency transportable housing 

units required to provide mobility 

features because the units do have space 

to store the removable base cabinets. 

FEMA requires clear floor space with 

knee and toe clearance to be provided 

at lavatories and sinks at the time of 

construction in emergency transportable 

housing units required to provide 

mobility features. The proposed rule 

would amend the existing exception to 

606.2 so it would not apply to 

emergency transportable housing units 

required to provide mobility features. 

606.4 Faucets and Water Spray Units 

This section currently requires 

controls for faucets to comply with the 

technical provisions for operable parts 

in 309 and hand-operated metering 

faucets to remain open for at least 10 

seconds. 

The proposed rule would amend this 

section to read as follows: 

606.4 Faucets and Water Spray Units. 

Controls for faucets and water spray 

units shall comply with 309. Handoperated metering faucets shall remain 

open for 10 seconds minimum. 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. 

The proposed rule would add a new 

provision for a water spray unit to be 

provided at the kitchen sink in 

emergency transportable housing units 

required to provide mobility features. 

The advisory committee recommended 

that a water spray unit be provided at 

the kitchen sink to facilitate dish 

washing by individuals with limited 

reach and dexterity because 

dishwashers typically are not provided 

in emergency transportable housing 

units. 

608.4 Seats (Roll-In Type Showers) 

This section currently requires folding 

or non-folding seats to be provided in 

transfer-type shower compartments, and 

in roll-in type showers in transient 

lodging guest rooms required to provide 

mobility features. 

The proposed rule would amend this 

section to read as follows: 

608.4 Seats. A folding or non-folding 

seat shall be provided in transfer type 

shower compartments. 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. Seats shall comply with 610. 

The proposed rule would add a new 

provision to 608.4 for a folding seat to 

be provided in roll-in type showers 

provided in emergency transportable 

housing units required to provide 

mobility features. The advisory 

committee recommended that a folding 

seat be provided in roll-in type showers 

provided in emergency transportable 

housing units required to provide 

mobility features since individuals with 

disabilities who use shower chairs for 

bathing may not have these mobility 

aids available in the aftermath of a 

disaster. Shower chairs are designed 

specifically for bathing and are not 

suitable for other uses. Many 

individuals with mobility disabilities 

could not use roll-in showers without a 

folding seat or shower chair. FEMA 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36243 

currently provides a folding seat in rollin type showers in emergency 

transportable housing units required to 

provide mobility features. 

Question 4. Are there other building 

elements in addition to a water spray 

unit at the kitchen sink and a folding 

seat in a roll-in type showers that 

should be provided in emergency 

transportable housing units required to 

provide mobility features to facilitate 

independent living by individuals with 

disabilities who do not have the 

personal assistants or mobility aids that 

they typically depend on to perform 

activities of daily living in the aftermath 

of a disaster? Where possible, comments 

should include information regarding 

the cost of the recommended building 

elements. 

The 2009 edition of the International 

Code Council American National 

Standard for Accessible and Usable 

Buildings and Facilities (ICC/ANSI 

A117.1) requires a folding seat in all 

roll-in type showers regardless of the 

occupancy type to facilitate use by a 

broader range of individuals with 

disabilities. 

Question 5 . Should a folding seat be 

required in roll-in type showers 

regardless of the type of occupancy? 

Will a folding seat improve the usability 

of roll-in type showers? What costs are 

associated with requiring a folding seat 

in new and altered roll-in type showers? 

804.3 Kitchen Work Surface 

This section currently requires at least 

one 30 inch wide section of kitchen 

counter space to provide a work surface 

that is 34 inches high maximum and has 

a clear floor space with knee and toe 

clearance for a forward approach to the 

work surface. 

The proposed rule would add a new 

exception to 804.3 to read as follows: 

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) All kitchen counter tops are 34 

inches high maximum; and 

(c) An electrical outlet is provided at 

a location within reach of the table. 

Kitchens in emergency transportable 

housing units are usually small in size 

in order to maximize living space and 

have less storage space than other types 

of residential dwelling units. The 

advisory committee was concerned that 

a kitchen work surface complying with 

804.3 reduces the amount of available 

storage space in the kitchen and 

recommended permitting a kitchen table 

complying with 902 to be provided 

instead of a kitchen work surface 

complying with 804.3. The committee 

also was concerned that occupants who 

use wheelchairs would not be able to 

use small kitchen appliances when they 

are positioned parallel to the kitchen 

counter tops. Kitchen counter tops are 

typically 36 inches high, which 

prevents a side reach over an 

obstruction. Therefore, the committee 

also recommended that all kitchen 

counter tops be 34 inches high 

maximum and that an electrical outlet 

be provided within reach of the kitchen 

table. 

Question 6. Would allowing the 

kitchen work surface complying by 

804.3 to be replaced by a table 

complying with 902, all kitchen counter 

tops at 34 inches high maximum, and an 

electrical outlet within reach of the table 

result in a kitchen that is usable by 

individuals with disabilities? Would the 

proposed new exception have any cost 

impacts? Would the proposed new 

exception necessitate the installation of 

specialized or modified cabinetry? 

Would installing the counter tops at 34 

inches high maximum affect the amount 

of usable storage currently required by 

804.5 to be within the reach ranges 

specified in 308? Is there any reason 

why an electrical outlet should not be 

provided near a kitchen table? 

809 Residential Dwelling Units 

The proposed rule would add new 

technical provisions to 809 for 

emergency transportable housing units 

with mobility features and emergency 

transportable housing units with 

communication features. When the final 

rule is published, the provisions in 809 

would be renumbered to accommodate 

the new technical provisions for 

emergency transportable housing units, 

and the renumbered provisions would 

be referenced in other sections, as 

appropriate. The proposed rule also 

would reorganize the existing technical 

provisions for alarms in emergency 

transportable housing units with 

communication features. The table 

below shows the proposed renumbering 

of the provisions in 809 for the final rule 

and where the provisions are located in 

the current guidelines. 

Proposed renumbering of provisions for the final rule Current guidelines 

809 Residential Dwelling Units 809 Residential Dwelling Units 

809.1 General 809.1 General 

809.2 Residential Dwelling Units with Mobility Features 809.2 Accessible Routes 

809.2.1 Accessible Routes 809.2.1 Location 

809.2.1.1 Turning Space 809.2.2 Turning Space 

809.2.1.2 Carpet 809.3 Kitchen 

809.2.2 Kitchen 809.4 Toilet Facilities and Bathing Facilities 

809.2.3 Toilet Facilities and Bathing Facilities 

809.2.4 Bedrooms in Emergency Transportable Housing Units 

809.2.4.1 Clear Floor Space 

809.2.4.2 Overlap 

809.2.4.3 Lighting Controls 

809.2.5 Weather Alert Systems 

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

809.3.1 Alarms 809.5.1 Building Fire Alarm System 

809.3.1.1 Building Fire Alarm System 809.5.1.1 Alarm Appliances 

809.3.1.2 Residential Dwelling Unit Smoke Alarms 809.5.1.2 Activation 

809.5.2 Residential Dwelling Unit Smoke Alarms 

809.3.1.3 Activation 809.5.2.1 Activation 

809.3.2 Residential Dwelling Unit Primary Entrance 809.5.3 Interconnection 

809.3.2.1 Notification 809.5.4 Prohibited Use 

809.3.2.2 Identification 809.5.5 Residential Dwelling Unit Primary Entrance 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36244 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

Proposed renumbering of provisions for the final rule Current guidelines 

809.3.3 Site, Building, or Floor Entrance 809.5.5.1 Notification 

809.3.4 Weather Alert Systems 809.5.5.2 Identification 

809.5.6 Site, Building, or Floor Entrance 

809.2 Residential Dwelling Units With 

Mobility Features 

As discussed below, the proposed 

rule would add new technical 

provisions to 809.2 for emergency 

transportable housing units with 

mobility features. The references to 

these provisions are as they would be 

renumbered when the final rule is 

published. 

809.2.1.2 Carpet 

The proposed rule would add a new 

provision at 809.2.1.2 to read as follows: 

809.2.1.2 Carpet. Within emergency 

transportable housing units, carpet shall 

be prohibited on floor surfaces. 

This proposed new provision would 

prohibit carpet in emergency 

transportable housing units with 

mobility features. 

809.2.4 Bedrooms in Emergency 

Transportable Housing Units 

The proposed rule would add new 

provisions at 809.2.4 to read as follows: 

809.2.4 Bedrooms in Emergency 

Transportable Housing Units. Bedrooms 

in emergency transportable housing 

units shall comply with 809.2.4. 

809.2.4.1 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. 

809.2.4.2 Overlap. Where bedrooms 

are less than 70 square feet, the 

accessible route, maneuvering 

clearances required at doors, and 

turning space shall not overlap space 

occupied by furniture supplied with the 

unit. 

809.2.4.3 Lighting Controls. A means 

to control at least one source of bedroom 

lighting from the bed shall be provided. 

These proposed new provisions 

would apply to bedrooms in emergency 

transportable housing units with 

mobility features. They would require 

clear floor space positioned for a 

parallel approach to be located on one 

side of a bed and to be on an accessible 

route; would prohibit required 

accessible routes, maneuvering 

clearances, and turning spaces in 

bedrooms less than 70 square feet from 

overlapping space occupied by furniture 

supplied with the unit; and would 

require a means to control at least one 

source of lighting from the bed. 

The advisory committee 

recommended these proposed new 

provisions to address space constraints 

in bedrooms in emergency transportable 

housing units. Emergency transportable 

housing units typically are furnished at 

the factory leaving little flexibility in 

furniture layout. Rearranging furniture 

supplied with the unit to increase 

accessibility often is impossible because 

of the small size of the unit. The 

committee did not recommend 

providing clear floor space on both sides 

of the bed because it would 

unnecessarily encroach on the limited 

space within the bedroom. If an 

individual with a disability cannot 

transfer on the side of the bed served by 

the clear floor space, the furniture can 

be rearranged. 

Existing technical provisions in 809.2 

and 404.2.4 currently require all rooms 

in residential dwelling units served by 

an accessible route to have a turning 

space (i.e., T–Turn or 60 inch diameter 

circle) and all doors on accessible routes 

to provide maneuvering clearances. 

Building codes generally require 

residential dwelling unit bedrooms to be 

at least 70 square feet. However, 

emergency transportable housing units 

rarely are subject to building codes and 

their bedrooms may be smaller. The 

proposed new provisions would 

prohibit required accessible routes, 

maneuvering clearances, and turning 

spaces in bedrooms less than 70 square 

feet from overlapping space occupied by 

furniture supplied with the unit. With 

careful design of room shape, door 

arrangement, and furniture layout, small 

bedrooms can meet the proposed new 

provisions. 

Emergency transportable housing 

units typically are supplied with 

overhead lighting controlled by a wall 

switch near the bedroom door. These 

switches currently are required to 

comply with the technical provisions 

for operable parts in 309, including 

reach ranges, but they usually cannot be 

operated from the bed and bedside 

lamps are rarely supplied with the unit. 

Providing 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, allows 

individuals with disabilities to transfer 

in and out of bed safely. 

809.2.5 Weather Alert Systems 

The proposed rule would add a new 

provision at 809.2.5 to read as follows: 

809.2.5 Weather Alert Systems. 

Where provided in emergency 

transportable housing units, weather 

alert systems shall comply with 309.1 

through 309.3. 

This proposed new provision would 

require weather alert systems provided 

in emergency transportable housing 

units with mobility features to comply 

with the technical provisions for clear 

floor space in 309.2 and for reach ranges 

in 309.3. The advisory committee did 

not recommend that weather alert 

systems comply with technical 

provisions for operation in 309.4 

because some of the controls on 

currently available systems require tight 

grasping or pinching to operate. The 

proposed rule does not require weather 

alert systems to be provided. FEMA 

currently provides weather alert systems 

that comply with the proposed new 

provision in all its emergency 

transportable housing units. 

809.3 Residential Dwelling Units With 

Communication Features 

The references to the provisions for 

residential dwelling units with 

communication features are as they 

would be renumbered when the final 

rule is published. 

809.3.1 Alarms 

The proposed rule would reorganize 

the existing technical provisions for 

alarms in residential dwelling units 

with communication features at 809.3.1 

and add a new provision on power 

sources in 809.3.1.2 to read as follows: 

809.3.1 Alarms. Alarms shall 

comply and 809.3.1. The same visible 

alarm appliances shall be permitted to 

provide notification of building fire 

alarm and residential dwelling unit 

smoke alarm activation. Visible alarm 

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. Alarm appliances 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36245 

14U.S. Census Bureau, Americans with 

Disabilities: 2005 (Issued December 2008) available 

on the web at: http://www.census.gov/prod/ 

2008pubs/p70–117.pdf. 

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 audible 

alarm appliances with integral visible 

alarms complying with NFPA 72 (1999 

or 2002 edition) (incorporated by 

reference, see ‘‘Referenced Standards’’ 

in Chapter 1). Smoke alarms with an 

integral visible notification appliance 

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 alarms 

within the residential dwelling unit 

providing visible 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 visible smoke alarms within the 

residential dwelling unit shall be 

activated upon smoke detection. 

The proposed new provision in 

809.3.1.2 would require smoke alarms 

with built-in visible alarms to provide 

either a commercial light and power 

source along with a secondary power 

source, or a non-commercial alternating 

current power source along with a 

secondary power source. Commercial 

light and power is generated and 

distributed from a central station and is 

the type of power provided by public 

utilities in most communities in the 

United States. Most home generators 

provide a non-commercial light and 

power source. A secondary power 

source can be a battery installed in the 

unit. The proposed provision is 

consistent with requirements in the 

National Fire Protection Association 

(NFPA) 72 National Fire Alarm Code, 

which is referenced in 809.3.1.2. The 

proposed new provision would apply to 

all types of residential dwelling units 

required to provide communication 

features, including emergency 

transportable housing units. 

809.3.4 Weather Alert Systems 

The proposed rule would add a new 

provision at 809.3.4 to read as follows: 

809.3.4 Weather Alert Systems. 

Where provided in emergency 

transportable housing units, weather 

alert systems shall provide audible and 

visual output. 

The proposed new provision would 

require weather alert systems provided 

in emergency transportable housing 

units with communication features to 

provide both audible and visible output. 

The proposed rule does not require 

weather alert systems to be provided. 

FEMA currently provides weather alert 

systems that comply with the proposed 

new provision in all its emergency 

transportable housing units. 

7. Regulatory Analyses 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) and 

Executive Order 

12866 (Regulatory Planning and 

Review): Preliminary Regulatory 

Assessment 

The Office of Management and Budget 

has reviewed this proposed rule in 

accordance with 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 and 

costs 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. 

The Access Board has prepared a 

preliminary regulatory assessment for 

the proposed rule. The preliminary 

regulatory assessment is available on the 

Access Board’s web site at: http:// 

www.access-board.gov/eth/index.htm. 

The benefits and costs of the proposed 

rule are discussed below. 

Benefits 

The U.S. Census Bureau estimates 

that for the civilian noninstitutionalized 

population aged 5 and older living in 

the United States: 

• 27.4 million people (11.9 percent) 

have difficulty with ambulatory 

activities of the lower body and 19.0 

million people (8.2 percent) have 

difficulty with upper body physical 

tasks; 

• 8.5 million people (3.7 percent) 

have difficulty performing one or more 

activities of daily living such as getting 

around inside the home, getting into or 

out of bed, taking a bath or shower, 

getting to or using the toilet, dressing, 

and eating; 

• 3.3 million (1.4 percent) used a 

wheelchair or other wheeled mobility 

device and 10.2 million (4.4 percent) 

used a cane, crutches, or walker to assist 

with mobility; and 

• 7.8 million people (3.4 percent) 

have difficulty hearing.14

The proposed rule seeks to ensure 

that newly constructed and altered 

emergency transportable housing units 

are readily accessible to and usable by 

this population. The Executive 

Summary includes a summary of the 

major proposed provisions that 

discusses the justification for and 

benefits of the proposed provisions for 

this population. These benefits are 

difficult or impossible to quantify. 

Costs 

FEMA’s planning estimate is to 

maintain an inventory of 2,500 

emergency transportable housing units 

ready to deploy in response to disasters. 

As of March 2012, FEMA had 

approximately 2,065 units in its 

inventory. FEMA’s current policy is to 

have 20 percent of the units in its 

inventory comply with UFAS. FEMA 

periodically purchases new units to 

replenish its inventory. 

When FEMA purchases new units, the 

units are constructed to FEMA’s 

requirements. Costs are attributed to the 

proposed provisions if it would result in 

FEMA requiring newly constructed 

units to provide a feature that it would 

not otherwise require and 

manufacturers would incur additional 

costs to construct the feature that would 

increase the cost of the units. FEMA 

reviewed the proposed rule and 

consulted with five manufacturers to 

determine whether any costs would be 

attributed to the proposed provisions. 

FEMA determined that no additional 

costs would be attributed to the 

proposed provisions for emergency 

transportable housing units required to 

provide communication features since it 

currently requires smoke alarms with 

built-in visible alarms and weather alert 

systems with both audible and visible 

output in all newly constructed units. 

For emergency transportable housing 

units required to provide mobility 

features, FEMA determined that costs 

would be attributed to the proposed 

provisions for kitchen counter top 

electrical outlets, a single water shut-off 

valve, a kitchen sink water spray unit, 

and a bedroom lighting control. FEMA’s 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
36246 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 

unit cost estimates for these proposed 

provisions are shown in the table below. 

No costs would be attributed to the 

proposed provision for folding seats in 

roll-in type showers since FEMA 

currently requires folding seats to be 

provided in roll-in type showers. 

Proposed provisions FEMA Unit cost 

estimates 

Kitchen Counter Top Electrical Outlets Exception 3 to 205.1 and F205.1 ................................................................................. $150–$500 

Single Water Shut-Off Valve Exception 11 to 205.1 and F205.1 ............................................................................................... 200–500 

Kitchen Sink Water Spray Unit 606.4 .......................................................................................................................................... 75 

Bedroom Lighting Control 809.2.4.3 ............................................................................................................................................ 60 

Total ...................................................................................................................................................................................... 485–1,135 

FEMA provided low and high unit 

cost estimates for the kitchen counter 

top electrical outlets. The high unit cost 

estimate assumes additional costs for 

custom made base cabinets that may be 

needed for electrical outlets installed in 

the face of the cabinets. FEMA also 

provided low and high unit cost 

estimates for the single water shut-off 

valve. The high unit cost estimate 

assumes that the units would have a 

sprinkler system and would need some 

redesign of the plumbing system. FEMA 

currently does not require the units to 

provide a sprinkler system and the high 

unit cost estimate for the single water 

shut-off valve would apply if FEMA 

would require the units to provide 

sprinkler systems in the future. 

Question 7. Are these cost estimates 

reasonable? Should compliance costs be 

attributed to any of the other proposed 

provisions and, if so, what additional 

costs would be incurred due to the 

proposed provisions? 

The number of emergency 

transportable housing units that FEMA 

deploys varies by disaster and from year 

to year. The number of units deployed 

during the four year period from 2008 

to 2011 is shown in the table below. 

FEMA sometimes provides UFAS units 

to applicants who do not have a 

disability due to lack of inventory of 

other units. 

EMERGENCY TRANSPORTABLE HOUSING UNITS DEPLOYED BY FEMA 

Year Number of 

disasters 

Total units 

deployed UFAS units Other units 

Percentage 

UFAS units 

(percent) 

2008 ..................................................................................... 5 3,798 369 3,429 10 

2009 ..................................................................................... 5 1,353 201 1,152 15 

2010 ..................................................................................... 3 51 3 48 6 

2011 ..................................................................................... 14 4,036 420 3,616 10 

Total .............................................................................. 27 9,238 993 8,245 11 

4-Year Average ............................................................. 7 2,310 248 2,061 11 

The total additional costs that FEMA 

would incur assuming HUD updates its 

accessibility standards for residential 

facilities to be consistent with the ADA 

and ABA Accessibility Guidelines, as 

amended by the proposed rule, are 

estimated under three scenarios. 

Scenario 1: 4–Year Average Deployment 

From 2008 to 2011 

Under this scenario, the total 

additional costs that FEMA would incur 

on an annual basis are based on the 

average number of emergency 

transportable housing units deployed by 

FEMA from 2008 to 2011. During this 

period, FEMA deployed an average of 

248 UFAS units per year. The scenario 

assumes that FEMA would purchase the 

same number of new units with 

mobility features annually to replenish 

the inventory. FEMA’s total additional 

annual costs under Scenario 1 are 

shown in the table below. 

SCENARIO 1—ADDITIONAL ANNUAL COSTS BASED ON 4-YEAR AVERAGE DEPLOYMENT FROM 2008 TO 2011 

Number of new units purchased annually with 

mobility features 

Low estimate 

($485 per unit) 

High estimate 

($1,135 per unit) 

248 $120,280 $281,480 

Scenario 2: 20 Percent of Units in 

Inventory Provide Mobility Features 

Under this scenario, the total 

additional costs that FEMA would incur 

on an annual basis are based on its 

planning estimate to maintain an 

inventory of 2,500 emergency 

transportable housing units and its 

current policy to have 20 percent of the 

units in the inventory comply with 

UFAS. The scenario assumes that FEMA 

deploys the entire inventory each year 

and would purchase 500 new units with 

mobility features annually to replenish 

the inventory. FEMA’s total additional 

annual costs under Scenario 2 are 

shown in the table below. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 36247 

SCENARIO 2—ADDITIONAL ANNUAL COSTS BASED ON 20 PERCENT OF UNITS IN INVENTORY PROVIDE MOBILITY FEATURES

Number of new units purchased annually with 

mobility features 

Low estimate 

($485 per unit) 

High estimate 

($1,135 per unit) 

500 $242,500 $567,500 

Scenario 3: Disasters Equivalent to 

Hurricanes Katrina and Rita 

Under this scenario, the total 

additional costs that FEMA would incur 

are based on disasters equivalent to 

Hurricanes Katrina and Rita. During 

Hurricanes Katrina and Rita, FEMA 

deployed 145,000 emergency 

transportable housing units. The 

scenario assumes three different levels 

of assessed need for units with mobility 

features: 14,500 (10 percent), 21,700 (15 

percent), and 29,000 (20 percent). 

FEMA’s total additional costs under 

Scenario 3 are shown in the table below. 

The 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 manufacturing 

capacity and production time needed to 

construct large numbers of units. 

SCENARIO 3—ADDITIONAL COSTS BASED ON DISASTERS EQUIVALENT TO HURRICANES KATRINA AND RITA

Number of new units purchased with mobility 

features 

Low estimate 

($485 per unit) 

High estimate 

($1,135 per unit) 

14,500 $7,032,500 $16,457,500 

21,700 10,548,750 24,686,250 

29,000 14,065,000 32,915,000 

The Access Board has made a 

preliminary determination based on the 

preliminary regulatory assessment that 

the benefits of the proposed 

amendments would justify the costs; 

that the proposed amendments would 

impose the least burden on society, 

consistent with obtaining the regulatory 

objectives; and that the regulatory 

approach selected would maximize net 

benefits. 

Regulatory Flexibility Act: Certification 

of No Significant Impact on a 

Substantial Number of Small Entities 

Pursuant to Section 605 (b) of the 

Regulatory Flexibility Act (5 U.S.C. 605 

(b)), the Access Board certifies that the 

proposed amendments will not have a 

significant economic impact on a 

substantial number of small entities. 

The Robert T. Stafford Disaster Relief 

and Emergency Assistance Act 

authorizes FEMA to provide temporary 

housing assistance to individuals and 

households in response to a major 

disaster or emergency declared by the 

President. See 42 U.S.C. 5174 and 5192. 

FEMA provides emergency 

transportable housing units where there 

is a need for temporary housing and a 

lack of available housing resources in 

the affected area. A review of the Web 

sites of state agencies and 

nongovernmental organizations that 

provide services in response to disasters 

did not show that these entities 

currently provide emergency 

transportable housing units. There is no 

information available indicating that 

local or tribal governments, including 

small jurisdictions with a population 

less than 50,000, provide emergency 

transportable housing units for people 

who need temporary housing in the 

aftermath of a disaster. 

Question 8. Do any small jurisdictions 

with a population less than 50,000 or 

small nongovernmental organizations 

provide emergency transportable 

housing units for people who need 

temporary housing in the aftermath of a 

disaster? 

Executive Order 13132 (Federalism) 

The proposed rule adheres to the 

fundamental federalism principles and 

policy making criteria in Executive 

Order 13132. The proposed rule would 

amend the ADA and ABA Accessibility 

Guidelines to specifically address 

emergency transportable housing units 

that are provided by the Federal 

Emergency Management Agency or 

other entities on a temporary site in 

response to an emergency need for 

temporary housing. Other federal 

agencies are required to issue 

enforceable accessibility standards for 

the construction and alteration of 

facilities covered by the ADA or ABA 

that are consistent with the ADA and 

ABA Accessibility Guidelines. The ADA 

was enacted by Congress pursuant to its 

authority to enforce the Fourteenth 

Amendment to the U.S. Constitution 

and to regulate commerce. The ADA 

was enacted to provide a clear and 

comprehensive national mandate for the 

elimination of discrimination against 

individuals with disabilities. See 42 

U.S.C. 12101 (b) (1). 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 than are afforded by 

this chapter. See 42 U.S.C. 12201 (b). 

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. The proposed 

rule would amend the ADA and ADA 

Accessibility Guidelines to specifically 

address emergency transportable 

housing units that are provided by the 

Federal Emergency Management Agency 

or other entities on a temporary site in 

response to an emergency need for 

temporary housing. Other federal 

agencies are required to issue 

enforceable accessibility standards for 

the construction and alteration of 

facilities covered by the ADA or ABA 

that are consistent with the ADA and 

ABA Accessibility Guidelines. Since the 

ADA 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 by the Unfunded Mandates 

Reform Act. 

List of Subjects in 36 CFR Part 1191 

Buildings and facilities, Civil rights, 

Incorporation by reference, Individuals 

with disabilities, Transportation. 

Susan Brita, 

Chair. 

[FR Doc. 2012–14811 Filed 6–15–12; 8:45 am] 

BILLING CODE 8150–01–P 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS