29744 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

[Docket No. ATBCB–2012–0003] 

RIN 3014–AA40 

Proposed Information Collection; 

Comment Request; Wheelchair Seat 

Height Survey 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (Access Board or Board), as part 

of its continuing efforts to reduce public 

burden and maximize the utility of 

government information, invites the 

public and other Federal agencies to 

comment on a proposed, new 

information collection, as required by 

the Paperwork Reduction Act of 1995 

(PRA). With this notice, the Access 

Board solicits comments on its proposal 

to survey adult wheelchair users to 

gather data on their wheelchair seat 

heights and related demographics. 

Following review of comments received 

in response to this 60-day notice, the 

Access Board intends to submit a 

request to the Office of Management and 

Budget for approval of this information 

collection. 

DATES: Submit Comments by August 27, 

2018. 

ADDRESSES: You may submit comments 

by any one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: marshall@access-board.gov. 

Include docket number ATBCB–2012– 

0003 in the subject line of the message. 

• Fax: 202–272–0081. 

• Mail or Hand Deliver/Courier: 

Wendy Marshall, Office of General 

Counsel, U.S. Access Board, 1331 F 

Street NW, Suite 1000, Washington, DC 

20004–1111. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

notice. All comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: To review submitted 

comments or other materials in the 

docket, go to http://

www.regulations.gov, insert docket 

number ‘‘ATBCB–2012–0003’’ into the 

‘‘Search’’ box, and follow the prompts. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Marshall, Attorney Advisor, U.S. 

Access Board, 1331 F Street NW, Suite 

1000, Washington, DC 20004–1111. 

Telephone: (202) 272–0043; Email 

address: marshall@access-board.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA and its implementing regulations, 

Federal agencies must obtain approval 

from the Office of Management and 

Budget (OMB) for each ‘‘collection of 

information’’ they conduct or sponsor. 

See 44 U.S.C. 3501–3520; 5 CFR part 

1320. ‘‘Collection of Information,’’ 

within the meaning of the PRA, 

includes agency-sponsored surveys that 

pose identical questions to ten or more 

persons, regardless of whether 

responses are mandatory or voluntary. 

See 44 U.S.C. 3502(3); see also 5 CFR 

1320.3(c). Before seeking clearance from 

OMB, agencies are generally required to, 

among other things, publish a 60-day 

notice in the Federal Register 

concerning any proposed information 

collection and provide an opportunity 

for comment. See 44 U.S.C. 

3506(c)(2)(A); 5 CFR 1320.8(d)(1). 

Accordingly, the Access Board is 

publishing notice of the proposed PRAcovered information collection 

discussed below. 

A. Background: Access Board Final 

Rule Establishing Accessibility 

Standards for Medical Diagnostic 

Equipment 

In January 2017, the Access Board 

issued a final rule that established 

accessibility standards for medical 

diagnostic equipment (MDE) used by 

health care providers—such as, 

examination tables, examination chairs, 

weight scales, mammography 

equipment, and other imaging 

equipment—to ensure that such 

equipment is accessible to, and usable 

by, persons with disabilities. 82 FR 

2810. See Final Rule—Standards for 

Accessible Medical Diagnostic 

Equipment, 82 FR 2810 (Jan. 9, 2017) 

(codified at 36 CFR part 1195) 

(hereafter, ‘‘MDE Standards’’). 

Among other things, the MDE 

Standards establish accessibility criteria 

relating to the height and adjustability 

of transfer surfaces on medical 

diagnostic equipment. Diagnostic 

equipment used by patients in supine, 

prone, side-lying or seated positions 

generally must have height-adjustable 

transfer surfaces with at least six 

specified positions: A low transfer 

height position (at 17–19 inches), A 

high transfer height position (at 25 

inches), and four intermediate positions 

(separated by at least 1 inch). See 36 

CFR 1195.1, Appendix, M301.2, 

M302.1. Height adjustability is critical 

for diagnostic equipment because 

research studies have shown that level 

(or near-level) transfer—that is, transfer 

to/from a wheeled mobility device to a 

surface that is at or near the same level 

vertically as the seat/seat cushion of that 

device—are easiest and require less 

exertion compared with ‘‘uphill’’ or 

‘‘downhill’’ transfers. Specification of a 

height-adjustable range for transfer 

surfaces in the MDE Standards thus 

facilitates independent and semiindependent transfer to and from 

medical diagnostic equipment by 

patients with disabilities, enhances 

patient safety, and reduces the risk of 

injury for medical staff and caregivers. 

Notably, as stated in the preamble to 

the final rule, the 17-to-19-inch height 

range for the low transfer height 

position is intended to be an interim 

standard only. See Final Rule, 82 FR at 

2816 & 2831. The Access Board 

established an interim height-range 

specification for the low transfer 

position—as compared to a heightspecific standard such as that specified 

for the high transfer height position— 

due to divergent views expressed by 

commenters (including disability 

advocates, academics, medical 

equipment manufacturers) concerning 

the appropriate minimum height for the 

low transfer position for medical 

diagnostic equipment. Id. at 2814–16 & 

2831. Several academics and disability 

advocates opined that a 17-inch low 

height would provide the greatest 

number of individuals the opportunity 

to transfer independently. Id. at 2814– 

15. Manufacturers of medical diagnostic 

equipment, on the other hand, 

expressed a strong preference for a 19- 

inch low height because this transfer 

height was viewed as cost effective and 

consistent with the Board’s other 

existing accessibility guidelines. Id. The 

advisory committee empaneled by the 

Access Board to provide 

recommendations for final MDE 

Standards also failed to reach consensus 

on a recommendation for a specific low 

transfer height. Id. at 2815–16. 

Therefore, in the final rule, the Access 

Board declined to specify a single 

minimum-low-height requirement in the 

MDE Standards, explaining that ‘‘there 

is insufficient data on the extent to 

which and how many individuals 

would benefit from a transfer height 

lower than 19 inches.’’ Id. at 2816. 

Consequently, the MDE Standards 

specify a 17-to-19-inch height range as 

a ‘‘temporary solution’’ for the low 

height transfer position, with this 

height-range specification ‘‘sunsetting’’ 

five years after publication of the final 

rule (i.e., January 2022). Id. at 2816 & 


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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29745 

2831. We also noted, at that time, our 

intent to use this intervening period to 

commission research studies or 

otherwise garner additional information 

aimed at better elucidating the number 

of wheelchair users for whom a transfer 

surface positioned at a height less than 

19 inches would likely provide 

improved access relative to higher 

transfer surfaces. Id. Informed by this 

additional information, the Access 

Board intends to initiate rulemaking— 

before the end of the sunset period—to 

revise the existing provisions in the 

MDE Standards that specify minimum 

height ranges for the low transfer 

position on medical diagnostic 

equipment. Id. 

B. Wheelchair Seat Height Survey 

The Access Board is authorized under 

section 510 of the Rehabilitation Act to 

develop (and periodically revise, as 

needed) minimum technical criteria for 

accessible medical diagnostic 

equipment used in healthcare settings. 

See 29 U.S.C. 794f. More generally, 

section 502 of the Rehabilitation Act 

also tasks the agency with promoting 

accessibility throughout society, as well 

as investigating and examining 

alternative approaches to various types 

of barriers confronting Americans with 

disabilities. Id. §§ 792(b)(4) & (b)(5). 

In keeping with its statutory 

responsibilities under the Rehabilitation 

Act, the Access Board intends to 

conduct a national survey of adult 

wheelchair users to gather data on the 

seat height of their respective 

wheelchairs, as well as related 

demographic information. Data from 

this survey will be used to help inform 

the Board’s subsequent rulemaking to 

update the MDE Standards through 

establishment of a minimum low 

transfer height position for medical 

diagnostic equipment. Additionally, the 

data and other information garnered 

from this survey will give the agency a 

better understanding of the adult, 

wheelchair-using population in the 

United States, and, thereby, aid our 

efforts to promote accessibility 

throughout American society and 

provide leadership in accessible design. 

To our knowledge, no published 

research or statistical compilations exist 

that examine adult wheelchair users’ 

respective seat heights on a nationallyrepresentative basis. The Access Board’s 

wheelchair seat height survey aims to 

address this knowledge and statistical 

gap. 

The Access Board has contracted with 

the Center for Inclusive Design and 

Environmental Access (IDeA Center) at 

the State University of New York at 

Buffalo to administer this wheelchair 

seat height survey and analyze the 

resulting data. The survey instrument is 

designed to capture the compressed seat 

height of each respondent’s wheelchair, 

as well as basic demographic 

information about each respondent (e.g., 

age, gender, geographic location, 

wheelchair type, nature of disability). 

The IDeA Center will use the results 

from this survey to, among other things, 

complete a cross-sectional study 

designed to estimate the prevalence of 

wheelchair users in the United States 

with seat heights below 19 inches. 

The survey instrument will be 

distributed primarily via electronic 

mail, with an embedded link to a webbased survey. (Email and/or regular mail 

will be used to follow-up with 

individuals who have not completed the 

survey.) Targeted field studies may also 

be employed, as needed, to supplement 

the pool of survey respondents. 

Electronic invitations to participate in 

the survey will be sent to approximately 

20,000 self-identified wheelchair users 

around the country using email 

addresses from a commercial database. 

Participation in the survey will be 

completely voluntary, and individuals 

may complete the survey at their own 

convenience. All survey responses will 

be anonymous. 

C. Burden Estimates 

The Access Board estimates that it 

will take respondents approximately 15 

minutes to complete the brief, one-time 

survey instrument. This estimate 

includes the needed for reviewing 

survey instructions, locating a 

measuring device and helper/assistant, 

measuring seat height, and completing 

the survey instrument. We project that 

about 2,000 individuals will submit 

responses to this survey. Total estimated 

annual burden hours for this survey is, 

therefore, 500 hours (.25 hours × 2,000). 

D. Request for Comments 

The Access Board seeks comment on 

any aspect of its proposed wheelchair 

seat height survey, including: (a) The 

necessity of this survey to the Access 

Board’s performance; (b) the accuracy of 

our burden estimates; (c) methods of 

minimizing this burden without 

reducing the quality of the collected 

data; and (d) suggestions to enhance the 

quality, utility, or clarity of the survey 

instrument. All relevant comments 

submitted to the Access Board will be 

summarized and included in our 

request for OMB approval of this 

information collection, as required 

under the PRA. 

David M. Capozzi, 

Executive Director. 

[FR Doc. 2018–13625 Filed 6–25–18; 8:45 am] 

BILLING CODE 8150–01–P 

CHEMICAL SAFETY AND HAZARD 

INVESTIGATION BOARD 

Sunshine Act Meeting 

TIME AND DATE: July 11, 2018, 1:00 p.m. 

EDT. 

PLACE: U.S. Chemical Safety Board, 

1750 Pennsylvania Ave. NW, Suite 910, 

Washington, DC 20006. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: The 

Chemical Safety and Hazard 

Investigation Board (CSB) will convene 

a public meeting on Wednesday, July 

11, 2018 at 1:00 p.m. EDT in 

Washington, DC, at the CSB offices 

located at 1750 Pennsylvania Avenue 

NW, Suite 910. The Board will discuss 

open investigations, the status of audits 

from the Office of the Inspector General, 

financial and organizational updates, 

and a review of the agency’s action plan. 

New business will include the release of 

the 2018–2021 Human Capital Plan. 

Additional Information 

The meeting is free and open to the 

public. If you require a translator or 

interpreter, please notify the individual 

listed below as the CONTACT PERSON FOR

FURTHER INFORMATION, at least three 

business days prior to the meeting. 

A conference call line will be 

provided for those who cannot attend in 

person. Please use the following dial-in 

number to join the conference: 

Dial-In: (888) 862–6557 

Confirmation Number: 47179969 

The CSB is an independent federal 

agency charged with investigating 

incidents and hazards that result, or 

may result, in the catastrophic release of 

extremely hazardous substances. The 

agency’s Board Members are appointed 

by the President and confirmed by the 

Senate. CSB investigations look into all 

aspects of chemical accidents and 

hazards, including physical causes such 

as equipment failure as well as 

inadequacies in regulations, industry 

standards, and safety management 

systems. 

Public Comment 

The time provided for public 

statements will depend upon the 

number of people who wish to speak. 

Speakers should assume that their 


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